The New York Herald Newspaper, July 17, 1875, Page 8

8 “THE COURTS. Law of Commercial Frauds-- Important Decistt, j give opnesing counsel time to xuomit written Points vo the Surrogate. BAIL IN CIVIL SUITS. In the case of Beliom vs, Nathan Judge Davis has laid down the rule governing bail in civil suits, Which, besides showing the consistency of Judge Davis, has a pertinent bearing upon the ap- plication to name she bail of Tweed. In the case referred to Judge Westbrook opened aa order of arrest against the defendant on a charge that in certain vrokerage transactions he had defrauded the plaintiff and he fixed the bail at $75,000. A motion was made to vacate the bail on the ground that no fraud Bad been proven or reduce it as Judge Davis says:—This motion ‘der of arrest, and on the papers Judge who made the order the yy the Judge is thougot to be excessive. heral rule, not departed from without a on, that the ball required on such an order shall’ be the amount which the Pl LO tii? D; his aM@davits, &¢., shows himself eati to r cover, with an additional sum sufficient te co’ interest and costs likely toaccrue, Ido not think there is any 1 defect in the complaint to this case; and its averments, together with the afida- Vits, show that plaintiff is entitled to recover upon the facts sei forth by Dim (assuming them to be true, as for tbe purpose of this motion ag be THE NEW TWEED SUITS. Another Phase of the Taylor Will Case. BAIL ON CIVIL SUITS—DECISION. The Grand Jury of the Court of General Sessions were yesterday discharged trom further service, with the thanks of tne Court. A judgment for $12,500 in a foreciosure sult for | €0ne) to the ameunt, of sohasnt, Phage hid four lots, at the nerthwest corner of 122d street ag the interest and costs of long. titlgation and Seventh avenue, was yesterday envered | may swell the amount to thatsum, The a nd- against Thomas J. Creamer in the Supreme Court, | S218 Rave. eealged eae Oat ing H gr reasons stated in the compliint and afi. of plaintif’ under the circumstances I do interfere with }10 costs, In the suit brougnt by the United States against Generali Monk, convicted for keeping in his pos- | davit! 1 session counterfeit money, under sections 54 and | HOt thine thls Comm’ con propor 81 of tne United States Revised Statutes, a motion —— ‘was made by his counsel, Judge Dittenhoefer, fora | THE ERIE RAILWAY LITIGATION. new trial and tn arrest of judgment, on the ground Mr. W. H. Willis, as owner of six $1,000 bonds that the government itself proved that the de- | of the second mortgage of the Buffalo, New York fendant gave the couriterfeit money to one | gna krie Railway Company, brought suit on be- Porter, Who represented himself to be a friend of one Congdon, then under arrest, a counterfeiter, for the purpose of havimg it destroyed, so that it could Rot be used as evidence against Congdon, and that on these facts, there being no intent to deiraud by cireulating the money, the conviction could not stand. Judge Benedict, holding United States Circuit Court, ordered yesterday a reargu- Ment of the motion before three judges, saying that the questions presented were very"important and novel, and that they ought to receive the consideration of a full Bench. LAW OF COMMERCIAL FRAUDS. A case of considerable importance to hair manu- facturers and importers was tried recently im the Marine Court, Part 2, before Judge Joachimsen, in which Beckell and Harchvant—one a hair dealer 1a this city amd the other an importer of the same were plaintiff! and defendant, The Plaintiff claimed recovery in the suit for @amages accruing to him im tne sale of Mtertor hair, respresented by the defendant, as alleged, to be of a better quality than the goods actuaily were or The action is for fraud, and the sti im the complaint is ‘that all the material state- Tents made to plaintul by the defemdant to tn- @uce him to purchase artificial hair were untrue and false, and known by the Gefendant to be un- true and f4lse when he so made them to the Piaintid, and were made by the degndant with the wilful and corrupt intent of deirauding and Geceiving the plaintif, ana ihat he Was defrauded and deceived thereby.” All these facts as well aa the intent were controverted at the trial. The Motion to amend the complaint 80 as to withdraw from the case the element of alleged knowledge ‘Was made. Od were instructed that their verdict de- Pio upon whether they believed that the de- ndant willuily caeated the plaintiff, and if so bw would set the seal of their disapprobation find for the plaintf. If, on tl ther hand, Shey found that the defendant was honest in wi he did, and that he did no more than any ot importer might do to obtain better amd higher prices than appear in the invoices, without at all trying to palm of an interior articie tor a superior one, Be 18 entitied toa verdict, The jury found for the cefendant. The plainviff now complains that the jury should nave been instructed in terms that the plaiatia’ | ‘Was entitled to recover if the defendant knew the representations to be false, or asserted that be | knew them to be trne when he had no kuow.edge on the subject. Idd not think at the trial, ana further refiection has since confirmed me in my opinion. t it tS Im this Case permitied such an instruction, the comptaint specifying the false representations to be that the defendant represented the hair to be of assorted brown colors and that the defendant bad seen the same packed at Marseilles, France, and knew what it was, The evidence for tae plainti® showed that he songhtan eXamination of these goods, that ‘the Custom House appraiser showed samples, one of whico was Diack, and that with tois knowledge he bought the hair and paid ferit. With this evidence before the Court the plaintiff! was not entitled to claim that he was defrauded by the defendant's representations. The case was put tothe jury in the most favorable aspect as re- garded the plamtf. If the Gerendant did not try to palm off an inferior article for a superior one then the defendant was entitled to @ veraict, but if he wilfully cheated the platutif the latter wa: entitled to a verdict. always eudeavor to disregard pure tecnnicality for the purpose of allowing the case belore him to be tried on its merits, he should, on the other hand, avoid the use of language calculated to mis- Jead ti jug im regard tothe true issue before quired by the plain Toe facts in Bennett vs. Judson (21 N. Y., 239),a case im regard to real estate, not subject to the rule caveat emptor, are quite different from the facts of thiscase. The rule ef ethics and morality laid down in that case was followed onthe trialof this action. If the jury beheved thatthe deiendant “aa represented that he had seen the cases packed in Marseilles they could not have escaped the conciusion thas the deiendant had falsely and knowingly misrep- resented that fact. Had not the jury believed that the plaimtit’s ageut had seen the sample and knew that the cases contained black hair, and that he did not purchase exclusively on tne de- | fendant’s statement, they would, under the charge a8 given, have found for the piainta., Tne raling at the trial is in full conformity ‘With the rule expressed in Sunar vs. Canedy (53 N. Y.), that affirmations of fact avoid a con- tract when Known to the utterer to be untrue, if made With tue intention o! misleading the vendee Af he does rely upon them and 18 misied to bis in- er (See Stebbins vs. Eddy, 4 Mason, 414, 423.) o one can doubt that the pleadings in this case are drawn to conform to this rule, The plainutt also claims that im this motion the complaiat is endabie so as to disregar’ the allegation of a yenver an ance as if the defendaut had made repre entatious Which, if not Known to nism to be faise, Were not known to him to be true. I do not think Such a0 amendment, actual or theoretical, Can be permitced. It would change the issue. In this respect | am covtroiled by Dudiey vs. Scranton . Y., 424). This is, | suppose, the latest re- ported case on this subject, amd it is there held that where @ party sets up @ case based on fraud he cannot be allowed to show that the injury to him hapoened by mistake, which is the precise pont aimed at by the plaintitf. | ara, therefore, constrained to deny the motion, but do so without Granting costs, THE NEW TWEED SUIT. Directly after the institution of the last suit against William M. Tweed to recover the $6,090,000, out of which sum, it is claimed, he has defrauded | ‘the city, a motion was made on his bebaif for a bil of particula: the idea ig 3 to compel an tiemizing 0: tl tire account. It was ciaimed, op tue part of the people, tnat this would be next to an impossibility. Judge Donobue, nowever, be- fore Whom the motion was made, thinks toatsuch @ bill of particulars not only can be furnished bot should ve furnished, {n granting the motion he the following memorandum :—It seems to {ter 8 careful examination of the authorities and papers, that the case presents the same ques- | Lawrence to the | Mayor, &c., v8. Tweed, and that the sting | Witn costs 0- tion a8 presented to Jud ‘@nCitied to the bill of particulars asked for, sion granted. THE APPLICATION FOR THE REMOVAL OF THE EXECUTOR—THE SHARES OF TIMES STOCK. In the Taylor will case yesterday Mr. Henry L, hile @ judge should | this error would have been committed | lastroction been given in the terms re- | to briag the pleading to state the | Bal/ of ali the bondholders to foreclose tue mort. gage. ‘The action was commenced tn Jung iass, @nd a short time afterward J.C. Baucro(t Davis, Denning Duer, Archibald Gracie King aud others, owners of $153,000 Of the second mortgage bonds, petitioned the Ueurt 1 the appointment ef a trustee of the mortgage In place of Joan Ganson, the ciginal trustee, who died last September. Mr. Willis, Mr. Hugh J. Jowett, receiver of the Erte Railway Company, to which road #1 utalo and New York 1s leased, and the offieers of the latter road joined in oppesing the motion, en the ground tuat the rights and toterests of the second mortgage bomdhoicers were fully protected in the present suit, Jude Barrett yesterday denied the appli¢ation as useless and involving unnec- essary expense. DECISIONS. SUPREME COURT—CHAMBEBS. By Judge Barrett. meen vs. Farley.-—Motion granted and reference ordered. MeGlen vs, O’Connor.—Ball reduced to $100 and $10 costs to the successiul party. Ulimann Haas.—Amount of undertaking on appeal fixed at $5,000. ucios vs. Society of the Church of the Puritans (No. 1) ; Same vs. Same (No. 2); Same vs. Same (No. 3).—Mottons granted. Bechstein vs. Hirsch.—Motion denied, with $10 costs and stay vacated. Allen ys. Kcbbe.—Motron for extra allowance de- nied, without costs. Excelsior Petroleam Co. vs. Fowler.—I think the clerk’s taxation was correct and must be al- firmed. Inthe matter of the appointment of anew trustee under the second mortgage of the Buffaio, ' New York ana Erie Railway Company.—The ap- | pomtment of a trustee upon the papers now be- | tion. The application must therefore be denied, | Eaton vs, Belaen,.—Motion deaied, with $10 costs. Carter vs. Baldwin.—The motion to vac should be granted upon the defendant’s atten ing and submitting to examination on the inst., at halfpast ten A. M. No costs of this m tion or of the motion im which the defauit was taken to either party. See memorandum. Union Dime Savings Bank ve. Stoesel.—Motion | dented and stay vacated. Beliont, Jr., vs. Nathan.—This motion is made on the order of arrest andeon the papers pre- sented to the Judge who made the order. The bail | fixed by the Judge is thought to be excesaty It ig the general ruie, not departed from without t the ball required on such an or- ler shall be the amount which the plaintiff by »: affidavits, &c., shows himself entitled to recover, with an additional sum sufficient (o cover interest and costs likely to acer’ Ido not think there is | any fatal defect in complaint in this case; and its averments, together with the affidavits, | show that plaincit is entiti to recover | apon the facts set forth by him (assuming them to be true, a8 for tne purpose of this motion must | be done) to the amount of $67,854, The Juage | fixed the bail at $75,000, This was no excess of | wer, a8 the interest and costa of a long litiga- ‘jom may Swell the amount to that sum. The de- | fendants have Made no affidavits denytng this in- debtedness or their labilit; On the grounds and | for the reasons stated in the complaints and affi- | davits of plainti® under t not think this Court can Properly interfere with the order, Motion denied, with $10 cosis. ‘The Mayor, &c.» Vs. William M. Tweed.—It seers | to me, after a careful examination of th thori- ties and papers, that the case presents ¢ question 9s presented to Judge Lawrence Mayor, &., v8. Tweed, and that the defendant is entitied to the bill Of particulars asked for. Mo- tion granted. Sturman vs. Clark.—In the matter of Hargrave,— | Orders granted, | Stanfield vs. Stanfleld.—Report of referee con- firmed and decree of divoree granted. Opinion. liesse vs. Hesse.—Opinion,. Sheehy vs. Kelly.—Motion dented, without costs, Betts vs. Betts.—Decree of divorce granted to d¢fendant, with alimony and counsel fee, In the matter of laying & road or pubile drive.— Motion denied. Wilkenson vs. Hawley.—Opinion. McUregor v8. McGregor.—Referee's report con- nd decree of divorce granted to plaintii. SUPREME COURT, crRCUIT—PaRT 2. By Judge Westbrook. | Pratt, assignee, &c., vs. Chapin et al—Jadg- | ment for defendant, See opinion, SUPERIOR COURT—SPECIAL TEBM. By sndge Speir. | Halpin vs. The Third Avenue Ratiroad Com- any.—Case and proposed amendments settled. e memorandum. | Garrus vs, Rambach —Let George P, Ingraham be appointed the receiver In this case, witu the usual powers, ke. Bradbury et al va. Johnson.—TBe defendant may have a hearing upon paying the costs taxed to plaintiff and $10 costs of opposing the motion within five days Of the entry @i the order, Other- wise motion denied, with $10 costs. Bis Findings settied. Laneet al vs, Van Zandt.—Seo memorandum. Weston vs. Ketchaot.—Ordered that the inqaest and all subsequent proceedings be tars on the ants i Pp0n the issues joined upon the defendamts’ pay- ing the costs ef an appeal, as appears by the order of the General Term of February,-1875, to the amount of $100, and the sam of $79, being costs and disbursements of the proceedings sub- sequent to a new trial and including the entry of judgment, also $10 of opposing this motion. also ayments to be made within five days after entry and notice of this er@er, and that the defendants give security ina proper bond to the plaintiff in the sum of $1,200, conditioned that the defendants shall pay within twenty days amy final judgment | obtainea sgaiust the defendants or either of | them. Deneke vs, Dencke.—Referee’s repert confirmed and judgment of divorce tm savor of plaimtif. By Jndge Van Vorst. et al va, Midaendorh.—Findings @ d= 8 Blackwell settled, COMMON PLEAS—SPECIAL TEBM. | By Judge Larremore. | In the matter of Martin.—Petition granted and order of referenee to audit committes’s | account. Smith vs, Gounod.—Order granted for payment of moneys by the Franklio Savings Bang. In the matter of tne unsafe butidings, Ne, 383 Eleventh avenue,—Order of reference to hear and determine the isanos, Cromiey vs. Frear.—Order granted. Clapp, Jr, v8. Ockerhausen,—Motion granted, abide the event. The New York Life Insurance Company vs. Dean.—Report copfirmed and judgment order as to surplus, MARINE COURT. 4 Jaage Spaulding. John Ott va, Charles McArthur.—-Defendant may come in, &c. Augastus &. Aikman vs. Michael H. Smith.—De- fendant may go to trial without a jury oo a day ‘Clinton, of counsel for Mrs, Kate B. Howland, sud- | consented to. Mitted to Surrogate Hutchings an aMidavit in support of his previous application for the re- | moval of Mr. Edward H. Tracy from tne executor- } ‘The aM@davit, which was made | by Henry P. Wella,a lawyer, was to the effect | ship of the estate, that on the 13th inst. he endeavored to servea aubpena upon Mr. Tracy at smailey’s Hotel, in armel, Putnam county, but did not do so on eing informed by Mr. Tracy's physician that Mr, fracy “was dangerously ill, and that it was very doubtful mf he ever would be abic to retura to Kew York again, and that his recovery to nealth Was impossible; that he had Brighi’s disease of the kidneys, which was incurable; that ne had been delirious, sad been raising blood, and was pttll out of his mind most or the time; that he ‘Was in 20 condition to understand the nature of dhe subpoena; that ne ought to have giveo up al! pusiness lo d especially the executor- ship of th 1en seemed to annoy him very much, a has would soon ne com- Pelied todo 80 Whether he wanted to or not.” Consideration of the application was put over to Tuesday worning. An application then made b; ablisner of the //mes, that one shi Mr. George of Patrick McGuire vs. Antonio M. Soteldo.—Order vacating order oi arrest, With $10 costs, &c.; bail discharged, Harvey Weed vs. Henry M. Patersen.—The am- davit is inguMcient ia not stating tue property, | missed, with costs. Jobn Motto vs. Thomas O'Brien.—Juagment for laintiff for $100, with costs and five per cent al- jowance. - George Barlow v#.Thomas O’Bricn and another.— Jadgment for plaintiff for $100, with costs and — five per cent allowance, William Berry va. Thomas O'Brien and anothe Ag for $150, Witu costs and Smith va, Specht, Stutsberger vas. Sohwarzman, ey vs. Olea ther, Fischer vs. Yager, va. Kumoata, Fisher iger vs. Lum- bardo.—Metions to diana! ms granted, wifh d $10 costs of motion, if plaintiff does not place se on Calendar, &c. Lublin va, Trafton.—Motion granted, COURT OF GENERAL SESSIONS. well, Schaffer Times? stock, purchased by him from Mrs. Laura Before Judge Sutherland, #. Taylor, the execawix of the os ej et CONVICTIONS AND SENTENCRS. be conveyed id bim on his payment William Calhoun pleaded gulity to am indict- lication waa nastoened to | ment charging bim witb stealing a coat. a@ silver | | fore meseems to be useless expense and litiga- | he cirewmstances I do | kwell et al vs. Boscben; Same vs. Same.— | Cc. James O'Neil vs, Michael Roach.—Motion dis- | Mater vs, Hue- | NEW YORK HERALD, SATURDAY, JULY 43, 187 watch ant a cold ring, of the aggrerate value 0! | $35, the property of samuel brewster, Charles Kelly, who on the Tth of May stole @ set of harness vaiued at $50, tne property of John Combes, pleaded guilty. ‘Toese prise! were eac Prison for one year, kh sent to the State Michael Williams pleaded guilty t indies- ment charging him with stealing on the 3d inst. a case of shoes valued at $52 60, the property of the Bay Stace Shoe and Leather Company. He Was sont to the State Prison for swe 7 5 Charles Keller, who en the 3d of this month stole $200 im gold coin and $180 worth silver+ ware and jewelry, the property of Charles Henry, pleaded guilty. Tne prop was taken irom his residence, No, 111 Bleecker street. Arthur J. King pleaded guilty to an ictment permine, hin wish forgery ¢ third degree. On the of June he forged @ check upon the Amer- can Exchange Bank for $1,600, purporting to be med by Edward A. Marrice. ese prisoners were each sent to the State Prison for three years. e | James Murphy, who on the 8th of this month | stole $43 from Be: in Van Buren, pleaded gailty to petit larceny. He was sent to the Pent- tentlary for six mouths. William Campbell also pleaded guilty to stealing | OM the 8d of July $15 worth of solder, belo ging to Robert Ennever. This prisoner was remanue: | for sentence. charged with burgla- the premises of Patrick Keffer- at avenue, on the 29tm of June, ‘atch und some jewelry, valued at “i guilty to the third grade of tnat r sent the prisoner to the State Micbael Sheehan was | rio Cary 9 | ma Prison for four years. Peter Baruett ™m. leaded guilty to petit larceny the charge being that on the 25th nts from Patrick Doherty, coruer of Courch and Barciay stree! The boy Was sent to the House of Refuge, ‘WASHINGTON PLACE POLICE COURT. Before Judge Wandeli. jing at No. 200 South Fifth ave- nue, preferred a charge of thelt, yesterday morn- ing, against a countryman and roommate named Paolo Bulo. He had $45 in the pocket of a vest hanging up in nisroom, but when he congas for it the moi was missing. Paolo denied the theft, but admittod sharing the money with another map, who, he said, was the actual thief. Juage Wardell held the prisoner in $1, to answer. A SNEAK THIEF. Miss Maria Devoe, of No. 157 Eighth avenue, appeared as compisinant against George 0. Woods, On the night of tne 2a July Woods entered Miss Devoe’s‘room while she was absent and carried off a gold watch worth $63. He eluded arrest until yesterday, when he was taken into eustody and arraigned before Judge Wandell. ue Pounee his gulls and was neld in $1,000 bail for tr VETERAN BURGLARS. On Thursday morning Officer Birkett, of the Ninth precinet, while patrolling West Eleventh street, heard suspiclous sounds emanating from the residence of Mr. George ©. Wetmor ot No. 145 West Eleventh street. He oalle Oficer Kelly to his assistance and surprised two men im the act of breaking into the premises. They were equipped with a complete set of burg- lar’d tools, and had very neatly cut out several anes Ol giass in the fromt parlor window, trust- ing to the darkness and the vine-covered balcony to shield them from observation. They proved to be old operators, and were well known to the po- lice under the names of John Wilson, alias Kelly, and Wiliam H. Sinclair, alias Herman. Yester- day they were arraigned before Judge Wandeil, who held both for trial 1 $3,000 bail each. ESSEX MARKET POLICE COURT. Before Judge Smith. - A DETERMINED WOMAN. On Thursday night Julius Ackermann entered the premises of John Smith, at No. 76 avenue A, and carried off clothing, opera glasses, &c., of the value of $175. He was escaping with the booty over @ back fence, when a woman named Barbara Zimmer, residing 1n the house, boldly attackea Rim aud, seizing kim by the leg, held on firmly until, by dint of loud shouting, she brought sev- eral men to her aid and the thief was secured. Judge Smith had Ackermann held in $1,500 pail to | answer. ROBBED IN HIS SLEEP. Charles Levy, of No. 8 Ludlow street, fell asleep on board the steamer St. Jonn, with $11 50 in his pocket, When he awoke the money was gone. | Me suspected Michael Cohen and Abraham Schwarzenwaider of the crime and procured their arrest by Officer Mahon, of the Seventh preciact. ‘Tre prisoners were brought before Judge Smito, who committed them im $1,000 bail each for trial, BAID BY CAPTAIN M'CULLOUGH'S MEN. On Thursday night information was given to the | Police of the Seventeenth precinct that a ‘game was in progress at No. 102 East Thirteenth street. This house immedéately adjoins that made famous by Captam McCullough’s midnight arrest | of Annie Small Sergeant Bergnold and @ squad of men, at six o'clock yesterday morning, | determined to raid on the gamblimg saloon. When they arrived at it they found tue door of the house shut, and seemingly without occuparts. They knocked several times but received mo re- ply. Finally the sergeant and his “merry men’! procured a large joist from a neighboring carpen- ter shop. Using this as a battering ram they seon sent the door fiying from the binges. Upstai: they found ten men, with some checks and $: in money. At the Essex Market Court yesterday Judge Smith held John Brady and Charles Graham, alias Henderson, for being the proprietors of the game. Tue other prisoners were discharged, FIFTY-SEVENTH STREET COURT. Before Judge Kasmire, ANNIE SMALL BAILED. Moritz Herzberg, of No. 316 East Fiftietn street, | yesterday gave the requisite amount of bail for | Annie Small and she was roleased. Herzberg 1s a | liquor dealer, and was last year a candidate for the Assembly in the Twentleth district, BOARD OF POLICE The full Board of Police Commissioners mes yes- terday, President Matseli in the chair, i A resolution was adopted granting ten days’ | leave of absence to tne surgeons of the depart- | ment, the time to be arranged by the Chairman of | the Committee on Surgeons. Rule 120 of the Police Manual was amended, making It the imperative duty of the Board to dis- | | miss from the department all members of the foree | | convicted more than tliree times of certain of- | fences, Herovofore the Board bau discretionary | | | | power. ‘The following transfer of sergeants was orderea be made:—Sergeant Thowas Huff irom the Twenty-fourth to the Twenty-third precinct; Ser- | | geant Oliver Tims Irom the Fourth District Cours squad to the Seventh precinct; Sergeant Natuan- fei T. Hicks trom the Twenty-third precinct to the Fourth District Court squad; Sergeant Richard | Welsh from the Seventh Le the Twenty-fourth pre- cinet. With regard to the appointment of inspectors of elections and poll clerks, a resolution Was adopted | | mviting lists of names, ages and poittical faith on | | State issues of such ‘sons a8 fre qualified for the povitions 10 point of character and ability, tue | | said liste to be ail handed to tne Chief Olerk prior | to the 10th of August, The lists will be published j in the City Record and will be open to public scru- tiny and objection before appointments are made. | "Detectives Ferris and Kenneay were permisted to receive from the prison authorittes of Sing Sing the sum of $100 as & reward for the capture of tbe “Shang” Hawley, of iocomotiv | escaped convict, stealing notori A POLICE OUTRAGE. | | On Thursday forenoon another evidence of the | | effictency of the police ferce was given in the Futh | precinct, a respectable man named John De Witt being-‘summarily arrested and marched off to the | station house without any cause whatever. Mr. | De Witt had leased the premises Nos, 66 and 68 | Warren etreet and No, 20 College place for basl- ess purposes, but had not yes occupied them, the landlord being obliged to make some necessary | repairs. Workmen were engaged in finishin, one of the floors on the day above na ap one of them threw into the street some rubbish, which did nos fail exactiyin that part of the | street indicated as a proper piace for rubbish by | the ordinance. A poceman, seeing this, entered | the premises aud arrested Mr. De Witt, saying, that he hed been to the station house and re- celved his instructions from the captain, Mr. De | Witt, who Was in his sbirt sleeves ana covered over With dust, at the time, remarked that he might be allowed to pat on his coat and hat but this favor Was dented him, and he was taken to tne station house atonce, At the station house, the | man for having made the arrest, and the ofllcer jeaded that the captain himself nad directed im to do so, This the captain denied, and gave | the number of the officer (1717) to De Witt, that the latter might make a complaint at Police Head- quarters, Which Mr. De Witt intends to do, PARIS GREEN AGAIN, Mr. William F. Lander died early yesterday morning at his residence, No. 102 West fortieth street, of @ dose of Paris green taken with suicidal intent, Mr. Lander was for many years a manu- factarer of paints, About @ year ago he lost about $20,600 in rash speculations, Rignt months captain having beard the story, rated the police- | gr WY\T POLICE SECRETS. More Pretty Developments About Our Model Police. TWOHEY VERSUS CAPTAIN MCULLOUGH. ——-—__—— Why Panel Houses, Gambling Dens and Policy Shops Still Flourish. “INNOCENT” POLICE CAPTAINS The Assembly Committee on Crime resumed its investigation yesterday morning. Most of the police captains of the city were present, but the majority were excused from examination till next Tuesday. Mr. Dessar, of the committee, called the atten- tion of his colleagues to the persecution of annie Small by Captain McCuuough, and thought Mr. Townsend, the counsel, should explain the mat- ter. General Husted thought this should be done in seeret session. Mr. Dessar said the public must understand that witnesses before this committee would not be lowed to be intimidated, The subject, however, was then dropped. Mr. Vessar also called attention to an article in a contemporary reflecting upon certain members of the committee, pat Genered Husted thought this matter should also be conferred upon in se- cret session, and it was deferred. TESTIMONY OF D. J. TWOHEY, David J. Twohey testified as to his efforts to detect panel houses through his connection with Miles O'Reilly, for whose book on the “Social Evil” he was to turnish the facts; in January or Feb- ruary, 1874, he ascertained that most of the panel houses were in the Eighth, Fourteenth and Twen- ty-ninth precincts; ‘‘nonest” prostitutes showed bim the notorious panel women, and the witness followea them to their houses; once a gentleman informed him that he had been robbed of $600 in a panel house in the Twenty-ninth pre- einct, and that Captain McCullough had written @ paper which hoe gave him calling upon every po- liceman in the district to arrest the robber; he saw Superintendent Matsell regara to the Matter; on seeing Mr. Matsoll a second time the latter said that Captain McCullough denied having | panel house in his precinct; alter this he met Captain McCullough at Police Headquarters and sbowed the Captain the slipof paper ke had eS the Captain then sald that he had broken ip the house in question; the witmess said it was in full blast the night before, and trat there were six panel houses in this precinct; Captain McCul- lough said that he had at the station house the furniture of a panel house he had broken up; the witness told him that was because the keeper did not pay him; the Captain then became very vio- lent, and both applied harsh epithets to each other. WHY NOTHING WAS DONE. In connection with a Mr. Sperling, in the gov- ernment service, who lived at No. 184 Macdougal street, he employed a shrewd woman to obtain a list Of panel houses in this city; be showed this list to Commissioners Duryee and Russell, but they said they were in the minority in the Board and could do nothing; he also saw Commissioner Char- lick, who sald that bis time was taken up with the street cleaning; after beeing President Smith several times the latter became very violent, swore at him, ordered him out of the room and told him tt was none of his business; Superintend- ent Matsell took the list of the panel onses and said he could do nothing, as the captains dented their existence ; Captain Irving seemed to wisn to break up the business, but said that he was power- less; at @ panel nonse in Mercer street, No, 143, the gas in front o! the house was deliberately put out every night, and he saw the policeman on post conversing With the man woo cilinbed up and pus it oat, CAPTAIN WILLIAMS AGAIN. One night, when he know that an elderly man had been enticed into this house, he went siraignt te Police Headquarters about it, and proposed to Captain Irving that officers should be sent there; ho was referred to the captain of the precinct, Captain Williams; the latter said that he did noc believe it was a panel house, and would nov send there, although the witness told bim his reasons for knowing it to be such; he arranged a pian for securing the detection of panel thieves by the use of marked money, bat Detective Bust:s, hols at he requested Captain Irving to detail to a him, said that he could not go without notifying the captain; t etiquette; the matter was thercfore dropped; he knew of one case in which a panel ‘shief, who had been arrested by Detective Williamson, ef the Central Office, said that she was got off through the exertions of Special Officer Keener, of the Fourteenth precinct, to whom sue paid $140; when he reported a new panel house at Po- lice Headquarters the keepers seemed to get wind Of it and suspended operations for a short time, Mr. Twohey said he wee told by a notorious panel thief tvaton one occasion, when aman sbe bad robbed insisted on making a complaint, and she was taken to the station house in tne Fourteenth precinct, the sergeant told the complainant he must lock him up as a witness; the complaint was then dropped; the panel hi a Paid $50 a week to the captains of the precincts, as he was in- formed; he referred the committee to Superin- tendent Walling and Inspector McDermott tor confirmation of this. ASSAULTS UPON TWOHEY. Mr. Twohey then read from a book am account in Broudway, which he believed to have been in- stigated by Uaptain McCallough; this was the ac- count which he gave in bis speech before the Leg- islature; & man named James Gough told hun tnat Stacom said Captain McCullough wished to have the witness slugged; Captain McOullough also made offensive gestures when he met him on | the street, and actually spat upop his clothes; Commissioner Gardner was at the station house of Captain McCullough on the night thet tue wit- ness Was aseaulted; this was after the assault; a few weeks after this, while he was in the Brower House with Colonel Kerrigan, ceived a note warning bim not to leave tne witness, as Captain Mcvaliough had put up an- other job to have him slugged; aiter leaving the house they were dogged by men, but Kerrigan | did not leave bim, and he was not molested; soon | after tbis, as be was leaving # restaurant one | night in Fourth avenue, with two ladies, a police- policeman sald he was taking them to Captain McCullough’s station nouse, the witness ‘fed tor his life; the next morning he ascertained that the ladies were kept two hours in the station house, where they were abused in the grosseat mauper by Captain McCullough and Commissionor Gardner, who also declared that the witness was en ex-convict; the women, who were reapect- sed at two o'clock in the td olice terrorism whicn pre- ersons of the lower Class from appearing (Captain McCuliough) ; he found seven panel houses in the Twenty-ninth; there were two io Uaptain Walsh's precinct; he haa taiked on the savject with ees McDermott and with Superinten- dent Walling when the latter was inspector, both constantly breaking up paoel houses, Mr. Twoley said that he bad no doabt about the payment of moncy to pelice captains by panel thieves, but was unabie to stances in which legal proof was attainable. POLICK LIKS. It was nntrne that he bad ever applied to Cap- tain McCullough for permission to run & panel house; he was formerly an accountant, for five ears in the employ of Hoyt, Sprague & Co. and Bad been in the ompioy ol A. T. Stawart & Co. and other firms; about sixteen years ago he was @ journalist. Ot prosecute Captain McCuliough for the assault upon him he said that be was unanie toxget the Captain indicted, and that although his direct as- sallant was indicted the jatter left the city; the I which gon Stacom fare for nim was not for- feitea and he had never been able to get any re- 088; he frankly admitted that he had sata that he would get square with Captain McUullough, and he intended to do go. ‘The examination o1 Mr. Twohey was horo sus- pended and he was allowed to leave. CAPTAIN LOWERY’S TESTIMONY. Captain Lowery, of the Sixth precinct, was first guostioned in regard toa report in the Sun that he had sald a gambler made certain remaiks to members of the committee; he said that the re+ marks were made to him in confidence, and that he Gid not feel at liberty to give the gambicr’s name: the report was incorrect in regard to the names which were mentioned; he refusea to give the names which were mentioned on the ground th would be degraded by repeating what had boon said to fim in confidence after his monetary loss his died, He then became very despondent, Coroner Croker "ad Boti“fed to hold an inaueat, Ey Mr, Townsend insisted that the witness should answer, Chairman Camppell said be bi Ba danht that W1tH SUPPLEMENT. of an assault upon him near John Stacom’s place, | he re- | man arrested the latter, saving that be bad orders | | to do so, but did not know the charge; the wit- ness started to accompany them, but wnen the | ven before the committee. THE WORST PREGINOTS. He had found panel houses In every precinct parallel with Broadway, except t Fifteenth, which was tnen under the char of Captain | Byrnes; the worst precincta for panel houses | were the Kighth (Captain Walltams), the Four. | teenth (Captain Ciincky) and the Twenty-ninth of Whom sid that a panel house ongnt not to ex- | ist More than three days; Captain Irving was | vo any particular m- | In answer to # question why he did | him aout the gamblers having elected certain | | the eneations were proner, and that witness must SucWer. ie Wuk be Bouse Of SRE COMMmIttee On agrees, that the witness pagat ir. Husted said that he did hink be could be compelled to, Usptain Lowery still refused to answer, on th und that to do so would violate confidence. eon- versation in question Was with @ spordng hand and took piace tn the Bowery, between Bayar and Canal streets. The man sald to nim that the Object Of the committee was to stop dlackmaillng, so that the gamblers would be unmolested When they reopened their places, Captain Lowery, by Ha t, then told the committee the boundaries of his precinct. In answer to Mr. Campbell) he said that he did not think the name of any mem- ber Of the committee was mentioned in the con- versation, LOWERY’S MEMORY. William Corkran, a reporter for the Swn, testi- fled that he heara tain Lowery make the state- ments reported tn 7 Sun in regard te his con- versation with the gambler; ne was not sure that Captain Lowery mentioned names, but he thoagat Mr, Townsend announced that he had been un- able to get certain papers which he wi Police Headquarters, as Ohlef Clerk H out of town. CAPTAIN ALLAIRE ON THE STAND, Captain Anthony J. Allaire testified that he had been a captain since the 23d of May, 1867; he was quost, the number of gambling hous: there were four; there were in to ‘tne precinct; pulled” all but one, which he was never able to get into; some of them he had broken up twice, but they always reopened as he supposed; he had no positive evidence that they wero gambling houses at present, but be believed them to be so: alter reporting the gambling houses he dia not make application for a warrant to close them, because he had no positive proof against the houses; if he had the proof be should enter and close them at once; he had sent persoms to Investigate these houses within the last three or four days; he kad heard that there was a lottery policy shop in the Bowery, mext door to the “Gotham ;” he did not know who was interested never received aby money from the [ae pate he had sent peisons there bat they ad not found anything; there were three concert saloons in bis precinet, which were licensed by the Excise Board, one of these was the “Dew Drop Inn;” he had reported this to tne Excise Board as employing girls as waiters; there were no banco games in bis precinct; there was ono about four months ago, which be broke up. ALL ABOUT PAN&L HOUSES. Three or four monihs ago he broke up a panel ahs No. 121 Elm street and arrested tho part tes, who in it and ha non-resident, was out of. the clty; the witness went to the District Attorney’s ofice about the case two or three times; he had broken up within two or three months, ® house at No.1 Marlon street, where a mau bad been robbed; there was no evidence against the men arrested aud they were Gischarged at the Tombs Police Court; a woman who committed tue robbery was sentenced to 1X months’ imprisonment; three or four years ago he broke up a panel house tn the Fourth ward, Where a man from Westchester county had been robbed; th the precinct; a panel house could not exist in his precinot alter one robbery in it had been reported. WHAT UE COULD Do. He could clear his precinct of all gambling iitame waich were publicly obnoxious within thirty days, 1f not restrained in any way; he would not complain tf a resolution was passed in- structing him to doso within sixty days, under penalty of losing his office; he did not know ofany regular neadquarters for thieves In bis precinct; Haipin’s place, in Elizabeth street, was a bad one, and he had recently made arrests there; before going upon the police force he was not a man of means; he bad a few hundred doliars when he re- turned from the war, and had less now, (Laugh. ter.) His pay bad been $900 and $1,200 as patrol man, $1,200 and $1,400 as sergeant, and $2,000 as captain; he had a wife and four children; all the real estate that hoowned was a burial plot. (Lauch- ter.) He owned no stooks or bonds or anything of the kind; his house rent was $000; he had re- ceived presents sometimes from persons for whom he haa recovered property; these gifts had been reported to the Commissioners, and ha@ been allowed by them; he bad received a gold shield from residents of bis precinct, bat no silverware or furniture; the patrolaien atd not receive spectai instructions to look after gambling houses, but it was a part of Uhoir duty; the wi'ness ha never subscribed for any presents to any police commissioner, | WARD DETECTIVES. At was necessary to employ men as ward detec- tives; he would like to see the experiment tried of detailing patrolmen, from time to time, to act as ward detectives; the, regular ward detectives, | When they were good Men, however, were able to | obtain iniormation from men who would not give it to any one else; 1t Was not necessary wnat the thieves should know the detectives; he entered the army as captain and left it as lieutenant colonel and brevet brigadier general. Mr. Tueker, a previous witness, testified that he had néver been arraigned to plead to any of the indictments against him for letting houses for im- | proper purposes; he pever heard that his property ‘was known asthe notorious ‘'Tacker block; & nollie prosequi had been entered in the case of the last mdictment since he been a grand juror. CAPTAIN BENNBTT'S STORY, Captain Bennett, of the Twenty-fourth precinct, testified that he had never been iu any precinct where heavy business was transacted; there were Do gambliog houses, pat houses, banco games or concert saloonsin his precinct; it would be a difficult work to clear such @ precinct as the Eighth of all those places within thirty nid or within sixty; when they were driven out o! street they went inte another; it was difficult to at into such @ gatmbiing house as Jobn | Chamberlin’s as they were very careful | as to whom they let in; if he suspected a house to be a gambling house he would break it up if he could secure proo!; but prvof was often hard to obtain; he ownad real estate, some of whick he inherited; he had speculated since being On the police force and was ready to dott again; he was worth & great deal more than. he was when he went on the police; the witness said he was worth $5,000; ne had been on the police force | twenty-six yeara; he had been interested ina | yacht worth $400, which he sold last week alg | [ooo he owned no trotting lorses or brown stone | fronts, | | TESTIMONY OF CAPTAIN BURDEN. Captain Burden, of the Twelfth precioct, testi- fied that he had been on the police force twenty- five years; there were no gambling houses or panel houses in his precinct, but there were two policy shops; he could get no evidence against one of these, but had taken steps to break up the other; the proprietor was arrested about three weeks ago but was discharged by Justice Mam- mer; when he was captain of the Twenty-nintn pre- | cinct there were some panel houses there and he | broke up four or five; one was in Sixth avenue, | between Twenty-third and !wenty-jourth streets, kept by one ‘Moi’ Smith or Rooney; another was in- Twenty-fourth street, between Sixth and | Seventh avenues; the keeper of the last nained | place, 8 man whose name he did not remember, | Was convicied and sentenced to two years’ im: | prisonment; he did not hear anything of the first named case alter tue prisoner Was committed for examination by Justice Cox; he also broke up a | panel house kept by & mau pamed Hogan, or , “Yellow Shaw,’ who escaped; this place was | broken up on suspicion; another place io Sixth avenue, between Twenty-sixth and Twenty- seventh sireets, Was 4lso broken up, but the par- | tes Cig hell a@ panel house in Fourth avenue, between Twenty-third and Twenty-fourth streets, was also broken up; tho parties were held at Jei- fersou Market Poltce Coart im $1,000; he did not | hear of the case.aiter wards, WHAT HE KNOWS OF PANEL HOUSES. He could not tell whether there were any panel houses in bis precinct botwoen 186y and 1871—not suchas the law termed panel bouses. Mr. Townsend—Wkat does the law term panel houses ? Captain Burden—Those that have a secret door. Mr. Townsend—Would you be vory much asion- Ished if you were told that some flourished there for two or three montis ? Captain Burden—I snould be—unless the officer on tie post was dishonest; if he were dishoucst he would keep it from toe captain. | Mr, Towbsend—The osual thing 18 to go to tie station house ? Captain Burden—it the omcer gend parties Who are ropbed to t I did not know o! i honest he will tatlon house, iy such dishonest officers; I could not say whether the detective would be smart or not if a panel house could flourish in his prectoct two or three montis; four or five pane! houses could not exist at the same time witoout bemg known to the captain; even if my position depended ou it f could not clear tho precinct of panei hou ea 1¥ MY OFFICERS WERE DISHONEST and if the judges would no: assist me; during the | four years I was in the Twenty-ninth precinct I also puiled No. 361 Fourth avenue tree times, and house in Fourth avanue, between Twenty-elghth | and Twenty-aintn streets, kept by “Bourbon Jonnoy;”’ “Johnny” was sent up to the Island as a vagrant, bat be was ous next dav; i also took & man named Shetwood before Judge Cox; in Fifteenth street [iried to pull a house kept by “Suank Morris; 1 broke in the door, but could not find the clear evicences of a panel house; I | kee evidence in it, |one of tne wero 00 | holes Ip the door; nobody wes dotatied to watcn the house, and next day tite furviture Was gone; | Ldid pot Know of any bancy games in the pre- | cinet; Teon’t think Morrissoy’s was running at | the time, but it was there, togetuer with olner well known bouses; | pever heard apy complaint about them, and therefore I could not close them. I went once or twics to Chamberlin’s and tried ‘at; Lwoutd have sent some. Who Was not known, but Laid not want but doors; { took there the boil oi to get in, out I coal: body ¢ to clo: I did send other persons, but they could nob get in either, GAMBLING HOU: UNDISTCRERD, Mr. Townsend—How many gamuling houses aid you pull while you were there? Captain Barden—Not one; the only reason for | this was that had no complaints to go upon; L | mever was instracted by any superior autnortiies $o tolerate them; | never asked the Supertatend- ent to give me an authority to enter these houses, and L con't believe that Léould nave got any evi- doace upon Which a justice woud grant a war. rant, Mr, Townsont—Was it ever, by bint or sugge have been indicted; he had lost sight of | the case, and believed that the complainant, a tacts would appear on the blotter of ames which were notorious ard of all houses of one | | ee tee, spttnessea to you thas you had petter 08 Captain Burden—No, it never was; I might been told that “such and auch a man was a [rie Of mine” (his); Bowever, if 1 had known from my own knowledge that gon t should have nevertheless suppressed I think C even if f had n@ was it; sutsres Mortis woe’ aagy use, doubt that gambling was going on. ‘ALL AMOUT POLIOY SHOPS. Mr. Townsend—When that “friend” was in- — toyou why did you not break up the Captain Burden—He dia not speak about a Br house; I took no steps to Satisfy mny- well that it Was a gambling house; Icannot give you an instance of any man who kept @ policy Shop to my precinct and was convicted; £ don’t thin it is any of my ousiness to interfere with the Judge's business; all the policy sellers arrested im my district had their choice between the Special Sessiens aud the General Seasions; I never personally Attorney about theae vomplained to the Disirict perpetual fatiures of justice; Il went to the Dis- trict Attorney’s office to seo about some of these cases and L was toid that the cases nad never reached there, and that was the end of them, Mr. Townsend—Would you be able, without the loterference of other authorities, clear your’ precinct of such places within thirty days? Captain Barden—Yes, If the police magistrates assisted me; | can tell you what policy business 1s like, although 1 never played If, The Captain tried to explain it, but had to be assisted by Mr. Townsend. A POLICE CAPTALN’S INNOCENCE, Witness—i have never heard that the policy business is sustained by unite officials and that it was mainly kept up by two distinguished indi- viduals; I never heard that there were 1,100 Polley shopsin the cliy; I have tried to fathom he policy business, but have not succesded yet; Idon’t think [have any very bad places in my? recinet—no “aens;!’ there was a bad house, buo he people moved away; I could not tell why the Twenty-ninth, Fifteenth and Kighth precincts, whore tuere is so much to do, are liked pest by the captains, and why the police beat, whica 1s 60 easy, is generally shunned; there are no resorts of thieves in my-precinct; 1 think 1 have arrested twenty or twenty-five panel thieves in the Twenty-sixth precinct and probably some sixty or seventy policy shop Keepers and-I have never known 01 more than two or three convictions in ail these cases; very often after a panel thief nas | been arrested he turns up again after aday or two, as, tor stance, ‘Johnny Rivers’? and ‘Yel- low Short.” Mr. lownsend—Oaptain, you have the reputa. tion of belug theaicbest man on the force? Captain Burdeo—Well, I pave heard people say 80; 1 don’t want lo give the amount of my prop- erty; people say I am Worth half a million, and I want them to keep thinking so; | have no yacht, no ‘trotting stock,” except a horse; all the prop. erty | have has been lett to me; I never reeeived any rewards, except what were authorized by the Police Commissioners. WHAT HE KNOWS ABOUT MARTINOT. Dectective Mariinot camo to me to July, 1869; he was the officer on the vost which embraced the panel houses mentioned by nim; be never Wad a detective of mine, but almost always wore the uniform; I thought he was a first rate man; he said he knew every thief in this citv, and I think he dja; there has been a eBarge against Marti- not for failing to detect a burgiary. Mr. Townsend—And he was acquitted and cem- plimented by the Commissioners ? i Captain Barden—Yes, Lpreferrea that chargé against him, and he was acquitted; 1 did nob hear any compliment. Mr, Townsend—Well, Commissioner Smith told him that he had done all bis daty ? Captain Burden—Yes, sir; 1 never heara of any chargé against Martiaot tor blackmailing. Captain Burden testified in regard to the Rich- mond burglary, concerning which Martinot had made a statement; that he never received $60 from Martinot; he ‘received a letter from one of the Richmond , but he could not tell whether it said thet “the efticers were in league with the thieves; hecid not know that Mr, Richmond had recovered any Of his property through Mar- tinot until he read the lattor’s statement in tag papers, ‘The committee adjourned till Tuesday morning at eigven o'clock. WALL STREET NOTES, CROP EXPECTATIONS AND PROSPECTS—THR FOREIGN MARKET—FORGED BANK OF ENG« LAND AND BANK OF FRANCE NOTES—ERIB RUMORS AND INCIDENTS—ATLANTIC AND Pas CIFIC AND THE FRANKLIN TELEGRAPH COM- PANY—EARNINGS OF WESTERN RAILWAYS, There was not Much that was new to be gleaned outside of the Stock Exchange yesterday, where there was a decidedly firmer tone to speculation, resulting from the increasing prospects of an ac tive European demand for our breadstufls, owing to the recent disastrous floods on the Continent end in England. The sharp advance which has already taken place ebroad in wheat and corm fayor an early forward movement, whicn ts also reflected in a firmer iceling in respect to freights, Delay in forwarding is the ene thing to be avoided. Thais delay last year cost us the market, and it ig now estimated that as much as ONE QUARTER OF LAST YEAR'S CROP OF BREAD- sTurrs ig still in frat hands. This unsatisfactory result, as it wasregarded ali the year, but whica prom. ises better just at the present time, was one of the consequences of the granger movement, the grangers, in their hostility to the railroads, play- ing directly into the hands of the Culcago specuia- tors and helpmg them to make a corner, Hun- gary and Southern Russia m the meantime gain- ing possession of the Liverpoel and Lendon mar. Kets. Itis tobe sincerely hoped that no sucn folly will this year rob the country of the benofits designed for it by a bounteous Providence in blessing the land with an abundant harvest, Tne markets all promise a ready absorption of ov surplus, grain if the shortsightednessof our farm ers Goes not lead them to throw away the fair op. portanity now presented them to furnish Europe with the DEFICIT IN THE FOOD SUPPLY, resulting from the wholesale destruction of crop@ tnere. Of course tt cannot bo o matter of rejoio ing that such opportunity ts ours, thus arising, but looked at from a strictly business standpoint it 13 our duty and 18 also serving the cause of hu- manity for us to avail ourselves of it in early and large shipments, even at lower figares than those now ruling. But there is danger ahead it our farmers are not wide awake, Already Imforma- tiop has reached the street of preparations bet: made in Chicago fur another corner in wheat. "fi this be so, it is for the farmers themselves to apply a remedy by quick delivery Hast, and sv irustrate what 18 nothing lece chan a couapiracy to defraud .them of a fair market for their crops. ‘the further advance in wheat to «Liverpool yesterday reraers the fore. going remarks pertinent to the current and prospective situation. It was reflected, not only On the Produce Exchange, but on tbe Stock Exchange, the railway shares dealt in at the lat- ter advancing upon the expectation of generally | increased business in bringing grain Bast. ‘The advance in wheut to our market yesterday | Was three cents per bushel, with sales aggregat- ing 700,000 bushels, mostly for export, and well distrivuted among shippers, generally to England and the Contisent. ‘This lavest advance in wheat | marks an improvement this week of twelve to ' fifteen cents pers bushel. | caution, did not touch the furniture because { did not | it, a8 there were no complamts about its | Flour is also higner upon an active demand, and has advanced about fifty cents per barrel in three days, LOOK OUT FOR FORGED BANK OF ENGLAND AND BANK OF FRANCE NOTES, Leading bankers here have been advised from London to be prepared for the offering tn this market of jorged Bank of England and Bank of France notes, The despatch received is as foe low: We bolicve larwe amounts of forced Bank of England ant Bank of France notes will be offered in America. Caution our friends, KERIB AGAIN. The street was olive with rumors respecting Erie again yesterday, among others to the efleot that Mr. Jewett bad made arrangements to mees the interest on the fifth mortgage bonds, an@ that an effort was to be made which, lt was thought, would prove successiul to vacate the receiversuip and turn over the road to the new direction elected last Tues day. It wit be understood that alt rumors affecting this stock must be received with Advices from London state tat @ meet- ing of the Erie Bondhotders Protection Commit. tee was hela yesterday, at which tt was decided wo ussess the bondholders one-tall of one per cent to defray expenses. A tolegram Was re- ceived and read from President Jewett to Sir Ba- ward Watkins, chairman of the above-namea committee, promising the latter co-operation im his mission to thls side, AULANTIG AND PACIFIC AND THE FRANKLIN TELS GRAPH COMPANIES, The choice 03 directors of the Franklin Tote- graph Company in the election heid in Boston om uvhursday, a3 Well as tie deieat of an effort to place tt in antagoniem to the Atlantic and Pacifie ‘Telegrapt Company, was regarded in the street as amounting to a@ virtual consolidation of the iuterests Of both corprrations, ANOTHEN RAILWAY RECEIVER, Advices were received from Keokuk, Iewa, te the effect that Judge Love, tn the United States Circuit Court, on Thursday, appointed Generm Winslow a8 receiver in the Case of the Barlingtom, Cedar Rapids and Minnesota Ratiroad Company, KARNINGS OF WESTERN RAILWAYS. The earnings of too Rock Isiand road show aw increase da:ing the first wevk tn Jury of $12,000, Tue aonual meeting of the Cuicago-and North. weatern Railroad ts to be held next week, and sm appropriate ollicers of the company aro now b on the annual report to be presented then, 16 said that the roport will show that the gross carn. ings for the year were petween $13,400,009 a 14,090,000, Accounts from otner roads wes nicago are Oqually encouraging, these roads nog (CONTINUED ON NINTH PAGE]