The New York Herald Newspaper, July 30, 1875, Page 8

Important Decision Based on One of the Tweed Suits as a Precedent. REMINISCENCE OF BLACK FRIDAY. A New Order in the Erie Railway Suits. Mendel Jonan was taken pefore United States Commissioner Shields yesterday, charged with offering for sale cigars which were not properly boxed and stamped, ‘There being no evidence to snstain this accusation, the defendant was dis- charged. There was turther argument yesterday before Judge Westbrook in Supreme Court, Chambers, im the Annie Small habeas corpus proceedings, Mr. John D. Townsend appearing for Mrs. Small, and Assistant District Attorney Dana for the People, At the close of the argument Jadge Weat- brook took the papers, reserving his decision, In the friendly suit of James D. Fowler and George M. Fowier vs. The Commercial Warenouse of New York an order was entered by Judge Westbrook yesterday appointing John Baird re- | ceiver, two sureties being Jonn J. Gore and Cornelius If. Deiamater. The order tnciudes an injunction re- straining the defendant ‘rom making aby dispo- sition of the property. AARON JACOBS’ CASE. In the case of the motion made a few days since in Supreme Court, Chambers, for the dis- | charge of Aaron Jacobs from @ commitment for | contempt by the Superior Court, the particaiars of which were published in the HeRawp at the time, adecision was given yesterday. The im, portant eature ih the opinion embodying the de- | cision ia the citation of Tweed’s case as a prece- | Gent. Jacobs was committed December, 1874, for thirty days and until he should paya fice of $2,470 for the contemyt. On the habeas corpus preceedings the relator’s aischarge wus asked lor upou the ground that the punisiment imficted was in excess Of the power of the Court, ana this Was opposed on the ground that the prisoner was hela for a contempt specially charged iu the com- mitment. Alter reciting the facts of the case Judge West- brook says the plain words of the statute are that “qt shall be the duty of such oMcer, before whom the writ ia returmabie, to remana the party if it appears be is detained in custody either by final Judgment or decree of a civil or criminal court of competent jurisdiction, or of any execution Jagued upon such judgment or decree, or any contempt specially aud piatoly charged in the commitment.’ fe also cites section 5 same statute, forbidding such officer (judge) to inquire Anto the legality of auy Judgment specified in the foregoing section, or into the justice of apy com- mitment for a contempt charged in suc commit- Ment, He then says further on:—‘in ovedience to the plain language of our statutes, as | sup- josed, in People ex rel. Pheips vs. Fancher (9 . ¥.), and People ex rel. Tweed vs. Liscom (10 N. Y., 8), i concurred 10 holding that neituer ‘ine justice bor propriety of any commutment for a con- tempt,’ or ‘ihe legal'ty and justice oj any judg- ment’ of acompetent court, could be questioned in’ a proceeding of this character, My own views of these statutes are fully given in tne cases to which | have referred, and if I snould follow tae inclination oO! my own judgment | should hold (unless section 66 regulates the con- duct of the Court where the party Is held by ‘civil process’ applies) that there 18 nO powerin | this Court to review tue action of the Superior Court in this matter. Mv own convictions can- not, however, prevail. I understand the Court of Appeais to have recently held in tae Tweed case that when the judgment uuder whicu the party 1s Rela is in excess of the power of the Court to award it ia remediaile by tuis writ.” Judge Westbrook says this is in effect that though tne Court nolds it has puwer to pronounce the judg. Ment the party need not revert to a writ of error, but take out a habeas corpus, avd ii the Coart (possibly a county judge or @ special county judge) BolJs the judgment to be in excess tue risonper must be discharged. Following our Yourt of dernier ressor(, “I am constrained,” says Judge Wesibrook, ‘10 overrule the objection founded upon our Habeas Corpus act and ex- amine into the power of the Superior Court to make the order complained of." He then says the commitment was until the relator pays $2,490, Including the amount of real esiate sold coutrary to the mandate of the Superior Court, $250 costs ofthe contempt proceedings and $150 cvunsei fees. The total for which he is committed cannot be separated, ut is good or bed a3 a whole. ‘the Court of Appeals, in Sudiow vs. Knox (7 Abbott), holda that the costs to be imposed in such pro- ceedings are fixed Dy statute, and not those called “counsel fees.” It is questionable whetser the $250 ‘‘cowts’? does not include objectionable tiems, this being a case to punish for contempt. However, it is clear that the $150 counsel fees is suck @ charge as the decision o! tie Court of Ap- eals covers, and Delng part of the gross flue the ne was illegal and the prisoner is eatitied to be discharged. MEMENTO OF BLACK FRIDAY. On the 25th of September, 1569—sInce popularly known in financial circies as “Black Friaay’— Samuel J. Harrison claims to have arranged with Jay Gould, James Fisk, Jr., and others to pur- chase gold on their account to the extent of $2,100,000, and that he did so, but that in conse- quence of the parties named not fuifiling sheir part of the contract he sustained damages to the amount of $667,000. Suit was brougis in the Su- preme Court for the latter sum by Robert u. Thompson, assignee, and demurrer was inter- posed, which was argued before Judge Donoaue, at Special Term, A decision was given in the case yesteraay sustaining tae demurrer aud directing Judgment for the defeudants, but with leave to the plaintiffs to amend on payment of costs, The principal grounds are tnat the averment is not enougu; that the mere reiisal to take could not damage plaintia, and that it does not appear tbe assignor has not been paid. The fol- Jowing 1s the opinioa tu fail The complaint in this is for damages for non-periormance of a goid contract. The detend- ants demur. Tre most i portant grouna of demurrer is that no sufficient ailegation of damage is setoutin the compiamt to give the Getendants notice Of What they are to try, As- suming that the compiaint te correct im all other ATticulars ANG allegations, it amounts to tui The plaintif says, “You (the detendant) on acer- tala day boughi certain gold ei me which | have been and am now ready to deliver,aud you wil not pay for tt, and J am damaged to the amount of $0 Much by thal refusal,’ without, as matter of fact, showing how that or any damaze arises. it seems to me, On the authority of Gould vs. Allen, 1 Weed, 182,’ and Rider va. Pont, «8 Bail, 447, the averment isnotenough. Had tnis acti no veen lor the purchase price of the gold (he mere statement of the contract, tenaer aia refusal would Bave sustained an action for that price ; but the action tx not for that price and is for dam- ages in the defendants jailing to keep their con- tract; and it d0e4 not appear, either by expiess averment of fact or any Iisierence the Court can legally draw, that the piainud has sus- tained damage. Mere conciusive assertion 01 dam- ages is notenough, Inregard to the averment supposed to set out the refusal o! defendants, on Woich tte acon is founded, | think the coum- plaint equaiiy deiective. The mere refusai to taxe the gold could not damage (ue piainuf or Harri. son; It Was Only & rejusal to pay on it that could work that resuit, and that reitsai Is alieged to ve @ refusal to pay the plaintuf, It dues nt appear that the assignor, Harrison, nas not been paid, How Harrisou could be damaged by a rejusul 16 pay piaintit des not appear. For these reasons it seems to me the demurrer is weil taken und there must be judgement for defendants wiih the Usual leave (Oo piaintuy to amend on payment of costs. THE ERIE RAILWAY ‘The particulars of the suit LITIGATION. by the Jefersou Car Company vs. The Erie Rallway Company, to com- pei payment by the latver o $10,500 a month for the use of the piaintids’ cars, bave already veen publisned, Mr. Jewett, suosequent to his ap- pomtment as receiver of the Erie Company, suv mitted # petition to Judge Donoliue, in Supreme Court, for permission to settic the suit, Aftera careful examination of the jaw and the facts of tne ease Judge Donohue yesterday reudered his decision, directing an order permitting a settie- ment of the suit in compliance with the peti jon on certain specified conditions. Inthe first piuce, the Erie Company is to pay to the Car Company 000 in tweive monthly instalments, the cosis suitand to surrender ali tie stuck of tne Car Company now in its possession. By the fur- ther stipdiation in the order the receiver is allowed to cancel the contract between tne krie Company and the National Stock Yard Compauy, on condition that the Erie Company purchase ali the outstanding stock of the Stock Yard Com- pany now, in the hands of one Robinson, at tne Pate of $50,000 worth of the first mortgaze bonds of the Stock Company for 3,623 sfares, and aisu puytl wz shares of the Stock Company heid by Mra. James Fisk, Jr., Jor $5,000 of the first mort wage bonds Of that comaane Contract is ino to Mr. Baird filed his bond tu $250,000, the | the gold | NEW YORK HERALD, FRIDAY, JULY 30, 1875—WITH SUPPLEMENT pleted by My. Jewett with Mr. Robinson the nth eo . = 2, 4 Bi i vicinity avenue, Thirty-ninth, Fortietn and Forty-first streets, tp this city, subject to an annual rent of $21,870 and payt Ofte of the net profits Oo! the business to bivson, The petition is on three suits again ¢ Company—one by the Farmers’ Loan and Trust Company, one by J. roft Davis and one by the trustees of the Oiitn mortgage. DECISIONS. SUPREME COURT—CHAMBERS. By Judge Westorook. The People, he. vs. Aaron Jacobs.—Prisoner discvargea, Opinion. SUPERIOR COURT—SPECIAL TERM. By Judge Sedgwick. Quackenb vs. West,—The matter in reply, Which is now objected to, 18 Ket up as a defence to the counter ciaim of the angwer and 1s not con- sistent with the complatot, I think its sufficiency as a defence snould only be examined upon de- | murrer or an equivalent proceeding. Motion de- | nied, Wita $10 costs to platmudy, to abide event. COURT OF COMMON PLEAS—SPECIAL TERM. | By Judge Loew. | Hayendor vs, Kenkei.—See memorandum for counsel. COURT OF SPECIAL SESSIONS. | Belore Judges Otterbourg, Morgan aud Flammer. | BREAKING UP OF A LOW DEN—ASSAULTING AN OFFICER, &0. The following cases were disposed of yester- Gay :—George Bennett. the keeper of a notorious | den in William street. was arraigned on com- plaint of Mr. Charles O'Connor, Superintendent | of the Newsboys’ Lodging House, who charged | that the defendant’s establishment was a place of low and infamous resort and a disgraceful | nuisance in tne neighborhood. Mr. O'Connor | stated that he had frequently warned Bennett to sul up bis concern, bat he persistea in keeping it open, Captain Williams, of the Fourth. pre- cinct, substautiated Mr. Q’Connor’s testimony, lt was also stated that Mr, Ackerman, the land- | lord of Bennett's late den, had beeu appealed to by several respectable citizens not to again let | toe premises for any improper business. Another sach man, however, as Bennett now occupies thein, air, O’Comnor has been instrumental ta | Suppreasing seven places ofinfamy im the neigh- | borncod of the Lodging Hause, and he 1s deter- mined to root them all outif he can. Bennett | Was found guilly, anc, besides being severely reprimanded, was fined $250. ASSAULTING AN _ OFFICER. | Edward Donoghue was Mined $26 and sentenced toone month in the Penitentiary for assaulting Oficer Michael O’Ryan. CUTTING HIS STEPMOTHER. alfred Campbel!, a bardened looking scamp, was [ound guilty of cutting his stepmother with a | Rolle, and sent to the House of Keiuge, TOMBS POLICE COURT. Before Judge Otterbourg. VIOLATING THE SANITARY CODE. | Peter Appou and Wiiliam Peterson were held to answer on complaint of Caleb H. Atwater, Health Inspector, who charged the accused with jetting their premises at No. 29 North Wilham street, Which Were not Ventilated, to persons— vagrants, &c.—as lodgings, ‘his is the first | | arrest made under the law. | A SNEAK THIEF. Thomas Lynch, of No. 66 Centre street, aged six- teen, was held to answer on a charge of sneaking into the premises No, 72 Mulverry street, occu- pled by William Eagar as a residence, and steal- Ing @ quantity o! clothing. Eliza Mangan, a ser- vant, saw the prisoner and a confederate leaving the house on Sunday night, and attempted to stop on the Lop of the stoop; the stoop was seven steps judge Morgan—The stone, you say, struck you square in the face, and yet you have Only a slight scrateh on the nose? Witness—Yes, sir, and it knocked me down. Judge Mo —' t did you do after that? s Ww for assistance, aud Officers the prisoners while engaged in arresting them. Officers Kenny and Henry alge swore that there was no clubbing whatever, On the part of the defence Mr. John Bush, @ piano polisher, who had pot been acquain'! with any of the defendants, and Mr, L, Tiaomas, acierk inthe frm of Barlow & Co., Broadway, Doth testified that they saw the ofMfeers club the prisoners, The latter on their own behaif swore that they had veen unmercifully clubbed, and Howard, alias White, that two of iis ribs had been broken; and they further testifie | being taken out of the celis at the station house, Without any provocation whatever and in sheer brutal wartonness, OMcers Gilchrist and Kenny cuffed and kicked them without meroy, Counsel for the prisoners, in a stron, moved for his clients’ senate, He character- ized Gilchrist, Kenny and Henry as cowards, Would-be assassias and perjurers. The Court, after a brief consultation, adjudged the accused not guilty. ‘i Joun Howard, alias White, it should have been Stated before, was terribly mashed up. He could rawl to the witness chair, Cantreil had & NEW COURT ROOMS. speech, REMOVAL OF THE UNITED STATES COMMISSION- ERs’ COURT. For many days past the attendants at the United States Vourts have been busily engaged in making preparations for the transfer of olf files, docu- | ments, musty papers, upon which thick layers of | dust bad loag ago settled down for nature’s flaal | aisposition, for the transfer of dcaks, tables, ink- | stands, and, inaeed, for ihe complete removal! of everything appertaining to the United States Com- missioners’ offices, including the Commissioners themselves, their dssistants, thelr accessories, and, in fact, allthe parts and parcels that be- longed to their régime in the historic old edi- | flee in Chambers street, to the new Court House, | or Post Ofice building. 1n the old editice, formerly | well known as a home for the drama, it was that the famous Burton was wont to delight enthu- siastic crowds in the days when the sterling old Opera House furnished fun and entertainment | | | | to the patrous of the drama. The oid | bellding, now dark and gloomy, in Chambers | street has its history, too weli known, however, to need a word of recapitulation, For years it bas been occupied bf tho United States Courts, | and although its accommodat.ons were limited | and unwholesome itis noteworthy, nevertheless, | that during its occupancy by government officials some oO; the ablest decisions bave been rendered by United States judges within its walls, some of the jmost itercsting criminal ca es on yrecord bave been tried and determined and some of the most noted criminals in the country have mot their deserts. “Moving” is a disagreeable thing @t any time, bat the rapidity with waich the | change hag been aecomplished in this instance | 43 something marvellous, It 18 easy to place | ® bed, a chair, a table or a wash- ftub on an express cart and send it ott, bat when it comes to unearthing papers ‘rom sacred pigeon holes difficulties are apt to arise, pores suceessiul. For instance, Commisstoners sborn and Shields heard cases im their re- spective. courts in tne oli building on Wednes- | day and were at their new quarters yesteraay afternoon, with all their surroundings in the com- jetest order. Commissioners White, Osborn. elus aud Stillman have their offices on the trird floor of the new Post Office building. ‘fhe apart- meuts are nandsomely fitted up, and any visitor could not help observing that the reqnistie alg- nity whicn should belong to the several important offices held under the government are mnch them. Teey knocked her down and got away. De- better encouraged by the present situation than tective Darcy, of the Sixth precinct, was detailed would appear trom the dingy, Wretched and un- | wholesome dens they Mave hitherto occupied in | to work up the case, aud succeeded in arresting Lynch Wednesdsy evening in Harrison street, He | | | | denied his guilt. WASHINGTON PLACE POLICE COURT. Before Judge Wandell, AN EXCITED VIRAGO. Ann Wilson is a stout, bouncing lass, who came 1n from Connecticut to see her iriends in the city, She took a little too much liquor and sat down to rest @ while in Washington square, OMcer McGon- igal, of the Park Police, had some slight objection to her remaining there, and she gave him a piece of her mind and cailed bim some euphontous but no! Very complimentary names. The officer took her into custody after a brisk skirmish, and Judge Wandell sent her to prison tor ten days in defauit of $10 fine. Ann was very indignant and protested energeucally. A JUVENILE PICKPOCKET. On the 23d cf June Clarence A. Knowlton, an old gentieman, residing in Westchester county, was robbed of a gold watch and black chain, valued at $75, by two boys, one Of wuom, Wiliam Back, is now under indictment, and the police have been ever since looking for his companion. Ofiicer Bush, of tee Ninth precinct, finally succeeded in arresting a boy of seventeen years, named Frank Fuller, living at No, 24 Desbrogses street, and he was yesterday D t before Judge Wandell on charge of complicity im the theft. He pieaded guiity, and coniessed that he had given the watch to his brother, whe sold it, He was committed in $1,000 bail. A TIMID MAN WHO SAW HIS POCKET PICKED. Amos Williams, of No. took some liquor on the 19th of June and satdown | to rest jate at night on a seatin Washington Park. a 4 He aozed, but was eonscions of two men coming | me or my agent a check tor $100; this waa about | yalua over and sitting down beside him. They felt @boat bis person, and he, becoming alarmed, woke up, but still Ne sleep, fearing they mighi bavea pistol. Iu his pantaioons Was 4 Watch worth $40, which they tried to take out, but falling, they un/astened his and, turning the pocket toside cut, wach. They also took two pocket Knives, valued at filty cents, and then absconded. man, 0! No, 391 Bleecker street, a young man hay- ing “no occupation,” was yesterday charged by | Wililams with the thef! $1,000 vail te answer. FIFTY-SEVENTH and ke Was committed in STREET COURT. Betore Judge Kilbreth. A QUESTION OF OWNERSHIP. Captain Robert Gettey, of the steamer Artisan, was yesterday arraigned on a charge of grand larceny. The eompiainant, Mrs. Catherine St, John, of No. 921 Third avenue, aljeged that on the 15th inst, ane gave te Captain Gettey an order upon ker husband, Milton H. St. Junn, for two diamond studs, valuea at $700, her property, Which the Captain has since refused to give up. Captain Gettey admitted that the studs were still in his possession, but that he bad been advised by Milton H, St. John’s attoruey not to surrender tiem to tue complaioant, Who, be alleged, was not the simon Pure Mrs. St. Joun. He waived ex- amination ana gave $1,000 bali to appear for trial at General Sessions. A SUCCESSFUL CHASE FOR A BURGLAR. Mrs, Jeanette Jeffrey, of No. 443 West Fiftieth street, yesterday forenoon surprised a burglar at work in a bedroom of her house, and he fled as he had entered—through a window leading to the hall—taking with bim a small quantity of jewelry. Mra, Jeffrey calied the attemtion of OMcer Seuily, of the Twenty-second precinct, to the fleeing ourgiar, and alter an exciting chase he was cap- tured on the roof of a tenement in West Forry- seventh street. The plunder was found in his possession. The prisoner gave the name of Jame Campoell, aged twenty, a machinist by trade, fe was committed for trial im default of $1,500 bail COURT CALENDARS—THIS DAY. SUPREME Held by Judge Wesi brook. 2, 166, 169, 174, 188, called at eleven o'clock, “THE FINEST POLICE.” THREE CITIZENS BRUTALLY BEATEN, ARRESTED AND BEATEN AGAIN BEFORE BEING BROUGHT TO COURT. A case of some Importance came up at the Court of Special Seasions yesterday, about which there 18 @ strong suggestion of perjury somewhere. Judges Morgan, Otterbourg and Flammer pre- sided, The facts are as follows: rank Cantrell, James MeLaughiin and Jonn B. Howard, alias Jolin White, were arraigned and jointly accused of assaulting OMlzer Philip Gilchrist, of tae Fif- teenth precinct. The latter carried to tue wit- hess stand ia both hands a large stone, weighing at least sixty-five pounds, It was a formidable ‘ooking missile, enough to knock dowa an ox. Glichrist In his testimony stated that on last Friday nig while ta the act of attempting to arrest tne prisoners fur disorderly conduct, In Wooster and Amity stree's, Cantrell, one of the delendants, Dicked up the stone above referred to and threw it at him. It «truck the witness on the peak of his cap, and failing to the ground | broke into two pieces, Judge Morgan (to witness)—Where aid you stand respectively when the stone was fired ? Witness—1 st00d on the midewaik wad Cantrell 80 Greenwich avenue, | pocket | James Acker- | Calendar | Cuamobers street. BOWEN’S LIBEL SUIT. CLOSE OF THE EXAMINATION OF MR. JAMES M'DERMOTT, The examination de bene esse of Mr, James McDermott, the witness in the action brought by Henry C, Bowen against the Brooklyn Eagle, was concluded yesterday. The witness declined to give the names of the other parties who advanced him money to negotiate for the purchase of tbe Union. In answer to questions he said he had been marrie’ but was divorced; was once arrested for the accidental shooting of John MeDonough; | have made arrangements to go to Chicago ana get | | employment on @ newspaper there; in the con- versation with Mr. Bowen about the proposed purchase of the Union Mr. Bowen sald he knew for whom | acted, for he had me watclied; sugges- tions have heen madetby the eldest son of the plumtiff not to testify in this case; Mr. Bowen asked me If the principals in tre mat- ter of the proposed purchase of the Union were not Mr. Kinsella and Mr. Kingsiey, and IJ declined to answer nim; then he asked me if Mr, Tracy’s purchase had anything to do with the Beecher scandal; my business relations with Mr, Bowen prior to this interview was to procure certain documents from Mrs. Victoria compensate her 1 necessary, and he was to use | his influence at Washington with the members of | the Cabinet to have the suits against her dropped in the United St Court; in returo he was to a: ublisbing, called the Sunday Press; his nephew, enry A. Bowen, did not assist me; Mr. Bowen’s eldest son paid me money once or twice; he paid ten months, | think, belore the publication o: the | article (the object! le interview in the £aqle), but | will not be certain ‘ The eXamination Closed at this point. RAPID TRANSIT COMMISSION, MORE EXCELLENT PLANS PRESENTED—THE CORNELL BROTHERS TALK BUSINESS AND WILL | RECT A ROAD FROM THE BATTERY TO HARLEM FOR TWO MILLION FIVE HUNDRED THOUSAND DOLLARS. i The Commission held a secret session yesterday | | to hear argument on benalf of the application to grant certain privileges to the Gilvert Bievated Railway Company. Mr. Seligman explained as a reason for not allowing reporters to be present at the hearmg that much might be said wiich the Commission would not wish given to the punlic. Anumber of new pians and models were filed, | They are as foliows:— By James W. Wilson, for an elevated bts track railway; by Hulbert, Aubin & Woodward, an elevated arched railway of tron; by W. J. | Fryer, of No. 90 Centre sireet, drawings of an ele- vated four-track road, supportea by three col- | umns, one in the centre of the street and the others at the curbs; by Richard J. Morgan, of | Bloomington, of a Gothic arched railway; by J. B. & J. M. Corneil, the well kuown iron men of Centre street, for an elevated three-t iron road, and by William Mongenstelp, of No. 199 Hast Houston street, for a two-track elevated road. the following letter accenipanied the model of the Messrs. Oornell, Whose road La by the Brooklyn authorities for Myrvie avenue. It will be seen that they propose to build the road With @ capital of $2,500,000, New York, July 29, 1878. Guxtiewex—We hereby propose to your honorable Boara to build and operate, under yeur reg elevated rapid transit railway, in accordanc actof the Legislature, entitie Act. d&e.t Bue silt railway to be bait along the route hereinatter de- scribed and shown on the accompanyine map, and upon the plans ilustrated by the model and drawings herewith submited. We afc, very respectfully, your | obedient servants J.B & J. M. CORNELL, | ‘Their proposed route is from Whitehall street, | along south te Broad, along Broad to Wall, along | Nagsau to Chatham, up Centre to Broome, Marion | | to Prince, obliquely terough tae biock to Mulberry, along Mulberry to Bieecker, through the block fo Great Jenes at the foot of Latayette pl La- fayette place to Astor pince, thence into Fourth avenue to the middie of the Liock between Twelfth and Thirteenth stre throu the block to Fourteenth street at the foot of Lexington ave- b nue, Up the avenue to Hariem River, passing over Gramercy Park, They propose to form a loop from the corner of Broad and Water streets, through Whitehall, thence southwar the point of starting, to obviate tne necessity of vurn tables, &c., at the southern terminus, the westera side of the loop @ single trac ney wil build three tracks from the of Chatham and Centre streets to Forty-second street, and operate the central one as a througn express, the ruad to be suficiently strong to carry @ locomotive and three cars o! forty-passenger capacity each at the rate of thirty miles per hour, the Ine from Chatham and Centre streets to the Grand Central depot to be completed in eighteen months, from South ‘erry to Chatham and Centre ets in eight monchs more, from Forty-second et to Harlem Kiver in snirty mouths after right of way is secured to the company, the capital stock to pulld and equip tre road Co he $2,600,000. The representatives of the Gilbert road’ ap- peared yest per Mr. Porter, the president, and the counsei of the company. Colonel Harrison, secretary of the Commission, reports that they ratisiied the Commissioners taat at last they had the capital to baiid the road if they were per- mitted to 40 it on their mouified pians, whiek are mueh loss expensive than those under which they endeavored to raise capital before, They did not | @ive & bint 4@ to Wo their backers are, The experiment in this instance, however, has — yoodhull and to | sist me in the pubiication of the paper | was then | been adopted | BOARD OF ALDERMEN. OBJECTIONS TO BEARS—A DUMPING BOARD NUI- SANCE—THE CROTON WATER PIPES AND THE RECUSANT BEPUBLICANS—COMMISSIONER POR- TER'S EXPLANATION TO THE ALDERMEN. ‘The Board of Aldermen held the regular monthly meeting yesterday afternoon, President Lewis 10 the chair. A communication was read from the Committee ot Arrangements of the Grand Social Reunion of the friends of the Catholic Protectory, Westches- ter county, inviting the members of the board to be present at the festivities, which are to com- menece at the institution August 2, and to con- tinue datly until August 7, The invitation was accepted. Alderman Billings offered a resolntion, which was adopted, requesting the Commissioners of Police to report to the Board at tts next regular meeting why they have not enforced the ordi- nauce preventing “performing bears’! from being exlibited in the streete, A resolution was adopted from the Committee on Roads recommending the removal of the dumping board at Kighty-sixtn street, East River, to some place between Ninety-second and 100th streets. The dumping board at Eigniy-sixth street 1s represented as being, for several reasons, @ great nuisance to the residents of the district. The bath in the neighborhood should be neces- sarily removed if the damping ground be contin; ued where it ts, Resolutions were adopted as follows:—Author- lzing tne Commissioner of Public Works to have | the Talford macadamized roadway pavement laid | | down in 124th street, between Sixth and Seventh | avenues, the curbstones set, sidewalks flagged, &c.; authorizing the engrossing of the proceed- ings of the Board to be continaed up to January, 1873, 80 that the series extending back to the “Duteh period,” in 1653, may be made perfect; authorizing the Commissioner of Public Works to complete the storage reservoirs now under con- . Struction in Putnam county, and also to protect and perpetuate the right to draw water irom the nataral lakes in Putnam county in order to assist in maintatuing # never failing supply of water to the etty. Alderman Gillon called up the resolution which had been previously defeated several times authorizing apd directing the Commissioner of Public Works to lay such Water pipes, mains and mixtures as have been ordered or were to be ordered by the Common Council to be laid, and such other pipes, &c., as he May deem necessary to extend and arge the distribution of Croton water through tue city, including the two new wards, aud to fornish a suficient supply of water to the Institutions on the tslands tn charge of the | Department of Charities and Correction, and to lay mains Lecessary to deliver water at higher levels and In greater quantities, Commissioner Fitz Jobn Porter appeared before the Board and explained his views as to the ne- cessity of having the resolusion passed. He suid, | in substance :— It is almost impossible to estimate the cost of, javing pipes to many of the strocts, Gas, water and sewee pipes have to be cit, run over or unser. cuttings wade gvod | snd connecdons made with crossing pipes—all taking time, labor and skill. which the Croton Bureau wist control with judgment, This must especially be so im our main streets, now filled with pipes, where the c | is liable for damages froma leak or break. by whic! cellars may be inunuatec, property destroyed and lite endangered. A contractor cannot foresee the probable cost, and adda largely for “‘contimgencies.” His aim is todo much werk in little time. The quality is no object | tohim if ican be accepted. If not accepted there {a | | delay and trouble, and not completion, streets left opou | and “travel obstructed. The cost may be as great or | greater then by labor centrotled by the Bur nd the Work not satisfactory. Some of the mest’ import | ant pipes have been iaid by Sonor and | the failure is lamentable, no provision having been made for coniraction or expansion. instance fs the tour foot outlet pipes from the reservoirs in the Park, where many of them were burst when the water was let into them: Again—The six foot pipes laid | in Haghth avenue to replace the aqueduct have been | heavy every year for 10; | | continually breaking, costin; | pairs. In “fact, they would be more valuable it out of | the ground and broken up for old iron. Ihe new pipes | to be laid in Willlam street, Nassau street, Church street, | Filth avenue and in Fighiteth surect, all have to be lad | with care, to avoid water, sewer and Kas pipes, and to | make proper connections with other water pipes, which must be cut for the purpose. Where rock has to be | blasted great Judyment must be exercised to prevent in | jury to otter pipes and to sewers and houses. The funds on hand for tuis work are exhausted, er nearly so, | there being on hand June 3v only about $4,080, | The regolution was lost by 13 yeas to 7 nays, seventeen votes, or two-thirds of the Board, being | required to carry it. 4q resolution to regulate, grade, curb, flag, &c., Riverside avenue, from Seventy-second to Kighty-filth street and from Kighty-eigoth street to Lovth street, was called up and again laid ever, it | hot receiving the requisite Dumber of votes, The | republicans Voted 1a the negative on this as well | as on the previvas resolution, because it was left opilonal wiih the Commissioner of Public Works to have the work done by day’s work. A motion 10 adjourn having been made, Alder- man Blessing moved to amend by taking a recess util seven o'clock, as he wanted to keep the re- | publican members on duty all night on account of their recusancy, The motion to adjourn, how- ever, Was lost, and several unimportant general orders Were theu called up and disposed o1, The Board adjourned to meet on Mouday next at two o'clock P.M. | THE CITY'S TAXATION. COMPTROLLER GREEN'S HESUME OF TAXATION | For 1874—ruRPosEs OF TAXATION FoR 1875, | ‘The following communication on the subject of | taxation in this clty nas been written by Comp- | troller Green to Alderman Morris:— | Finance DePARTaENT, Compreonuen’s Orrtcr, City or Nkw York, July 14, 1875. | | Alderman Joun J. Monnis inthe ioliowing is a statement of the taxable sofreal and styty al estate and the amount | 5 ¢ and rate of taxation y for the year 1s74:— | Amount of valuation: 154,029,176 00 Amount of taxes... B15 92 Rate of taxation. ) per cent The amount of valuations for 1575 ts. 1,100, 943,649 00 Amount io be raised by tax in 1875, ¢x- | ¢lusive of the amount to be added by the | Board of Supervisors to provide tor de- | fictonciesin the actual product of the | | 82,171,472 28 tax, i seseee . ee It wil. be seen that if the valuations had increasea im | of values of the real and the o1 personal estate in this city , | same as io 1874, the rate of’ taxation in ay varied very slightly irom that of 1874, bucas the valua- tions in 1875 are $59,085,477 less than’ they were in 1474 | the rate of taxation will be somewhat increased by | the existenve of panel houses in the | Sixth” avence, | afver I told the Captain about 16; | I woald then be informed by the TRIAL OF CAPTAIN BURDEN. DAMAGING EVIDENCE BY MARTINOTT—THE. At- LEN TESTIFIES THAT MARTINOTT COMMITTED BURGLARIZS WHILE ON THE POLICE. Yesterday was an unusually busy day for the Police Commissioners. a large number of com- plaints against members of the force, preferred by citizens, were up for trial, and the court room was crowded py civilians and politicians, The great case of the day, however, was that of Cap- tain Henry Burden, of the Twelfth precinct, arraigned upon charges based upon the recent testimony of William A. Martinott, ex-devective of the Twenty-ninth precinot, given before the Assembly Investigating Committee, ‘The trial was originally set down for yesterday morning, but at the request of Hon, A. Oakey Hall, counsel for the defendant, tae Commission. ers agreed to postpone tt. Captain Burden, how- ever, insisting upon immediate trial, bis counsel appeared before the Board at ten e’clock yester- day morning and announced his readiness to pro- ceed. The full Board of Commissioners sat, Presi- dent Matsell presiding and Mr. Mclean, the coun- sel to the Department, conducting the prosecu- tion. The following charge and specications were read by the clerk, to which the defendant entered a plea of not guilt To THH Boano oF Pouice oF THB PoLice DePARTMENT OF THR Crry or New Yorg:— Thereby charge Captain Henry Burden, of the Twelfth reine, with conduct unbecoming an officer, in this, BrEctvto4rroxs. Fir-t—That the said flenry Burden was, prior to July 15, 1869, and still isa captain in tne police force; that from the 16th of July, 189, until the 9h of August, 1372, he wag in command of the police fores of the Twenty- ninth precinct; that during that period Patrolman A. Martinott was a member ot the force of that precinct, and assigne! to special duty Known as ward detective duty, and specially charged to ferret out and report te the Captain houses of ill-fame, gambling houses and panel houses; that ingischarge of sald duties the sald William A. Martinott lid report to said Henry Burden, captain, the fact of the existence ot sundry panel houses and the location of each. Among tle panel Houses, so reported were the following houses, to Wit i ouse No. 107 West Twenty-fourth street, kept'by. a.m Yellow Saort,” or Joha Hogan; Nos. "126 and Twenty fourtit street, kent by Neliy Hoey; the 1 the “southwest corner of Twenty-fourth Strect and Sixth avenue, kept by James and Neliy #mith; the house No47 sixth avenue, kept by Joc Wilson, commonly known as “Lover Joe;” the house on the south west corner of Twonty-seventh street and sixth the hove on the northoast corner of Tw enty. house No. 104 . 401 Sixth avenue *; that Captain Burden IMtence, jocation and char. ertheless, ih neglect of his duty Qs captain as aforesaid, he took no effective moasures Hor auy ineasures for breaking up of suppressing suid hongss or for arresting and punishing the guilty pro- prietors. Second—That at the time last aforesaid said William A. Martinoti made arrangements with the Behe re of had full knowledge of the acter of sald houses; no the aboye described panel houses before they were started that tor the privilege of ranning an suid houses they should pay the sum of exch. ements Were made by the proprie- tors a the sail Martinott, with the kuowl- ede und consent of said Ouptain Henry Burden, for the Joiut benefit of said Martinott and Burden, That the several sums of money by the sald arrangement stipu- lated to be paid were paid Ly the said proprictors of said pane! houaes respectively to the said Martiaott and to the said Captain Henry Burden, and the said Henry Burden retained the motioss so paid to him and made nO report of the same to the Supermtendent ot Police hor to the Board ot Police. Third—That the said Henry Burden, during the time last aforessid, althougn advised and’ informed by the said Wiillam A, Martinott of the existence of numérous fAeRwlinE hous"s, panel houses and houses of Al fame his said precinct, in inking his reports, which be trai Keep tag 875 per wee initied to Police’ Headquurters av the toree, and disobeyed the rales and orders of the department and neyer made report of a single panel hou: omitted and neglected to report numerous houses of prostitution then existing in his precinct, and neglected and omitted to take jmeasures to suppress and break up suid panel houses, gambling houses aud houses of pros- hon. Fourth—That during the time last atoresaid complaints were made ut the station house of grid precinct of rob- beries coumitted in panel houses in the said Bresincs, and with the Knowleage and consent of the said Henry Burden the thieves were allowed to gat away without arrest, and the stolen moneys were divided between the thieves and said W. A. Martinott and the sald Uenry Bur- den, G. W. WALLING, Superintendent. Mr. Martinott then took t) as follows:—I reside at No. 453 Sixth avenue; am a private detective by occupation ; was en the po- lice force of this city [rpm October, 1865, until Jan- uary, 1873, during which timo | performed duty in the Sixth, Fourteenth, Twenty-ninth ana Thirty- frst precincts; did both special aud patrol daty al diferent times; while under Captain Burden, im the Twenty-niuth precinct, it Was my special work to ferret out crime and also to suppress houses of prostitution and gambling houses; I FREQUENTLY REPORTED TO THE CAPTAIN ‘swenty- ninth precinct; no attention, 23 a rule, was paid to #uch reports; taey used to keep ou running, frequently ag long as threo months afterwards; ag instanced where pane! houses continued 10 them J would mention the house No. 107 West Twenty fourth street, kept by John Hogan, alias “Yellow Short; No. 128 West Twenty-lourth street, kept by Nely Hoey; one atthe soutbwest corner of Iwenty-fourth street and Sixth avenue, run by James and Neilie Suiith; one at No. 487 kept by Joe Witson one at the southwest corner of. Twenty-seventh street and Sixtn avenue; one at the northeast corner of Twenty-seventu street and Sixth avenue; one at No, 104 West Twenty-seventh street; one ut No. 461 Sixth avenue, and another at No, 462 Sixth avenue; there were @ number of others which ran for a couple of weeks orso after | in- formed of tuem; the place at No. 12s West I'wenty- sixth street was golug on for about ten month the one as the corner of Twenty-fourth street aad Sixth avenus for six montns, aod the place No. lod West Twen- would notily Captain Burden and make arrange- ments with him NOT 70 BE PULLED; panel thief thas THE CAPTAIN HAD KEEN SEEN and thatit was ail right; $75 per week was the was usually made to Captain Burden aod the sub- | sequent payments to me. Q. Did you not swear before the Assembly In- vesrigating Committee that the money was never to Captain Barden, Q. Toen it was paid into your handg as a rule? A. Yes, sir, but the first payment w: alwi made to the Captain; after that, every Friday night, | used to receive $75 Irom each piace and turn it over to Captain Burden. Q. How long was tuis system kepvup? <A, For about two 8 Off and on, | reason of this reduction. | “The amount to be raised by tax in 1575, as fixed by the pate and Apportionment on December 44, 1é74, was $55,955,472 23, equal to 3.08 per cent on the Valuations of 1M Finding that by means of the in- creasing revenues of (he city this sum could be reduced by reason of the increase of the revenues of the gener fand, the Comptroller recommended the passage of law authorizing such r jon tobe made and also the | throwing over to} of about one-half of the amount to be pait on the Work is Not properly an ordiuary expense of (875. aw Was passed and by these means tae budget for as inade up in December, 1874, has been reduced in ti sum Of $1,756,000, to wit:— | Increase of the revenues of the general fund... $1,000,000 Balance of cost of the Fourth avenue improve- Bowrd of Bett rth avenue improvement, as thi be et- ‘There Total reduction,.... ... tees The expenses of the ctiy government have largely reduced im the course of the past fo They have not Impediments were WAY imi leglaiation necessary to effect these redactions by off | crais of this elty and their allies, | " Pursher economies are necessary, and should fected by Various practicable rétrench fre still too many personsemployed in some of the de- partments and courts of this ¢iiy, aud np ure grossly excessive. ‘The purposes of taxation in 1375, stated general, as follow State tax mon Council iney ‘Asylums, Fourth ave Advertixing, pr hooxs 174,000 00 64 Miceli OO Amcunt of appropriations, $36,171,472 23 Loss general tand.. + 4,000,000 00 | Total. * Ns sees, $92,171,472 23 | The above shows where the money goes to. The Board ot Sup sare required to add a certain | amount for deficiencies in the actuai product of the tax on the certified amount, which will probably rajse the foie of taaation to 6 little Jess than three per cent tur One of the ehiefitems of our annual tax budget is the | State tax, the portion of which this city has to pay | amounting, a8 above stated, to $5,012,556, If oug local authorities can ‘be’ got to co-operate | earnestly Ln the direction of @ reduction of exper ry next year Will, | Rope, show more encouraging resuits a | Stas hoped thay the revenues of the city will, under | careful management, still continue to increase and be- come ao linportant item in lessening the volume of ition, of monetary affairs the in- ages by the Increase of the debt qvidation of the d and stealings of past year boulovardg and the like onterprises, 1 ‘A great depression in business aftairs now affects tho Whole country agd bears with disproportionate s upon this city. Ail our resources should be car husbanded to meet the necessary expenses of the ity an’ to provide for ifabluties which jobbery, specu- Jation ans corrupt legisiation have saddied upon us. Among obligations of this character, from which there is no escape, and which mast be provided for by the issue of bonds and the ther in debt, uniess some means can bi them in whole n part, may be rec f expenditure as the old “taxed cosis” in street ¢ | cases avd the openings of the Eleventh avenue and the | Kingsbridge road, amounting to yoward of $2,000,000. | ‘These are scarcely the times to impose #1 expenses pon this city, nor to add to our burdens that other joo | known asa new h le ground, which is now belong | | pushed upon the Treasury Pon’ nterested parties, and pi dat add at lear 500,000 more to the debt of tac | city. ery respect j Oye Very respec NOREW H. GREEN, Comptrotier. P, 8.—Since writing the above I notice that instead of | adding ap adequate amount to proyide for deficiencies | in the product of the tax. under the provision of law | dutttorlgioe it, the Board é¢ Hupgrvisors he aged th suin of $14,272 2 only, Thiais ol vigugly InsuMclent for the purpose, and was #0 represen: that Board, a) only leads to the necessity of resorting t further iaxa- tas or duit to auovly tae defelency, The wi continued—tin the spring of 1872 1 gave to the Captain a full list of all the gambling und panel houses and piaces of prostitution in the precinct, but he hever reported any of them to Headquarters ; instances have occurred where FELONY HAS BEEN COMPOUNDED by Captain Burdeas !remember a case of a min Who lived in the Kiguteenth ward, but ido not now think of bis name; he was robbed of $150 lu the panel house No, 107 West Twenty-feurth street, kept by “Yeliow Shori;? I wemt and got the money back and gave 1t to Uaptain Burden, who returned it to the owner; anotaer case was that of a sea Captalo, who was stopping at the United States Hote! in the spring of 1870; he was rolved in the panel house No. 128 West Twenty-fourth street of $2,000; be made agreat fuss about it and Captain Burden detalied me to get back the money; I got it all back excepting $500, which the panel thieves re- ined; we paid $1,0u0 to the sea captain and in Burden and i divided the remaining $500 between us; under the Captain’s orders f roae around town With tle man for two days, taking nim to all places of interest in the city; 1 tried to et him to go away, but he would not leave New York; about this same time I was with Cap- tain Baraeo one night when a_ panel house keeper named Morris paia him $75 at the corner of Twenty-seventh street and Sixth avenus; I was engaged in the case of the burglary of Richmond & Co.'s store at No, 925 Broadway; I worked it up and found out who the burglars Were; Wien I told Captain Burden he instructed me not to do any thing about the recov- ery untli furtuer orders; alter some delay Mr, Richmond’s people became anxious and offered me one-third of the value of the goods if I would get them pack; Burden and | arranged tt so that the thieves were to get $300 and ourselves $100, the thieves to deliver up tne stolen property; this ‘Was not fully carried out, as Richmond paid us only $275, and to make good MY HONOR WITH THE BURGLARS I had to pay them $25 eut of my own pocket. The witness refused to give the names of the burglars, but alterward admitted that one of them was Known us “English Al’? Let the police force because I understood that charges | were to be preferred against me, At this stage of the proceedings Commissioner Maiseli directed ali the witnesses in the case to | adjourn to the Griilroom in the rear and they would be calied when wantea, Counsellor Hall (interruptingy—Does Your ad Intend to drili the witnesses? (Laugh- On cross-eXamination the witness testified— Since leaving the furce I have kept a bililard sa- loon on Sixth avenue; went to the war as a pri- vate and returned as a quartermaster; never aid that I intended to break Captain Burden; ave DO animosity toward kim; was never in league with confidence men while doing duty at the New Haven depot; altogether | 1eceived while 1 Was under Captatu Burden from $6,000 to $10,000; have spent my share of it, and have nothing to | show noW; am wot worth $25; 1 never kepta phy arg did not tak ody; took tt rom ouly those whom I could trust. Counsellor ‘Wall then called Theodore Allen to show that Martinott was and is actuated by ant mosity toward Captain Burden, Alien, who is well Known politician of the Eighth ward, is brother to ae es” and “Mart”? Allien, Who are @ resent under sentence for burgiary and confined a Sing Sing, testi Leas THE. ALLEN'S TRSTIMONY. 1 de at No, 36 Chariton street, whore I keep re: taurant; have known Martinott since 1560; ‘Mart’ Allen ig @ brother of mine; baye had many conversations fall of 1873 with Martinott; im the Teceived positive ipformation that he was-engaged in a burglary with brothers 1 met ihem together might © mouey from every- m. afar his superiors in | knowingly and wilfully neglecied his duty | he stand and vestilied | existence for this jength Of time aiter i reported | ty-seventh street for more than ayear; before | Opening a panel-nouse the proprietor of the place | gum levied upon these houses; the first payment | patd toyou? A. I said that | always paid it over | 6 wag hat i 7) bad evid “You don’t know that I keep company wil your brother; I have orders from Captain Burden t rrest himy' Vresponted, “Why don’t you arrest im and fr im out of the way shen?” sho! afterward Martinott cai to me—thi @ low days after he ha en ferre from the Twenty- nh to the - Thirty-first ecinct, in the latter part of 1872,1 think, and “purden pretends to be your iriend; he i ot; fhe was, why ts it t he closes your rother’s gambling house and permits all t others tokeep On running? he has transferr me and tried to ruin me; has sent out spies ta watch me, andi mean to get square with him now ii you will enter into a conspiracy with mi we will put ap a job on him and break him; I will throw up my shield to do it, as I know that I will be dismissed from the department;’? Martinot; then toid mo of @ plan he had thought of, ans which, if I would join him, WOULD BRBAK "HB CAPEAINS it was to the effect that I should Ly hola of @ anel thier and get him to open & house In ¢ Weanty Diath precinct, then Martinott would 1 and have charges projerred against pees Knowing his character | acquiesced, and ne fx the time for two nights afierward; 1 immediate went and notified Captain burden of the plot; Was, Of course, never Carried out; I know absde lutely that Muartinott, wnile a policeman in t Twenty-ninth precinct, was directly engaged fi three burglaries—uamely the burglary committ of Oscar Edler, at No. 1,163 Broad+ way; that on the premises of Richmond & not No, 925 Broadway, and that on the premises 0! Corwin « Co., No. 1,138 Broadway; aman name Joseph Murphy loaned Martinott $25 to pay for @ team in which to cart of the proceeds of the Corwin burglary; Murphy stood on the opposite side of the street and saw Martinott carrying out the goods; I have evidence of wt truth of what I saw from parties to whom Martinots disposed of the ee of the burglaries; I cbarged Martinott with t) commission Of these burglaries im conjunction with my brother, and he tacitly admitted his guilt; in one of the burgiaries Martinots was as- Reolaee with @ man named Marsh and “ English ‘The witness, in reply to a question by the Prose- cuting Attorney, stated that he would furnish to- day the names of all engaged with Martinote in the burglaries above mentioned, ‘The case wag hae adjourned until next Monday at halt-past tea A. M. BROOKLYN POLICE INVESTIGATION, ———_-—___—_— TRIAL OF SUPERINTENDENT FOLK RESUMED—~ INTERIOR WORKINGS OF THE DEPARTMENI— MOTION TO DISMISS THE CASE DENIED. The Superintendent of the Brooklyn Police De» partment, Jonn 8. Folk, who was recently sum- moned to appear for trial on charges and specifi- cations preseuted against him by Commissioner John Pyburn, was again before the Board of Com- missioners, at headquarters, yesterday, It was long after eleven, however, before Commissioners Briggs, Hurd and Pyburn took their places on the bench. ‘The veteran Superintendent, accom. panied by ex-Judge Troy, his counsel, patiently awaited the time of commencement, ‘Tiere were also present Captains Ferry, McLoughlin, Ruod Worth, Leech, Cornell and Smith, and a large number of subordinate officials, As soon as the Commissioners convened INSPECTOR GEORGE WADDY WAS RECALLED for cross-examination by the counsel for the Sue perintendent, and being questioned replied that he had been in active service on the police for nearly twenty-four years; during all that time, with the exception of about two years, he had known Mr. Folk to be the executive of the Polica Department; witness saw Neeves, the Englishman who was tuken back te London by Detective Spittals,on a Monday morning, in the oMce of Superintendent Folk, but dia not of his own knowledge know where he went when he left there; he remembered the robbery of Arthur) Heaney, the Atlantic street pawnbroker; Mr, Folk was ill when that case was reported; he was confined to his house. ~ Counsellor Troy asked that the Heaney robbery. be dropped from the case so far as nis client ig concerned, 43 it could not be held that the Super- intendent was respousidle for what transpired during his absence and {liness. Commissioner Briggs said certainly the Super-- 1nvendent was not responsible for what happened when he Was absent by reason of f!iness. To witness—Did you superintend the efforts mad: to arrest the persons supposed to have been implicated in the murder of Hartigan or the Long Island Bank robbery or the Shute shooting case “I have no personal knowledge of tne Hartigan murder or tae bank robbery.” Mr. Troy asked what was done by the Superine tendent toward working up the Cases named. To this the counsel Jor the board objected on the as. sertion that it was too genera! a question, In arguing his point ex-Judge Troy said that one-third of the Court were against bis client. It was only fair to presume that the executive of the department knew What was going on in every section tuereof, and he proposed to shew by the witness HOW THE SUPERINTENDENT DIRECTED THE OFFI- CERS in the matter, For the prosecution it was con- tended that the defence must show that by proof, The evidence roust be brought out in proper order and in accordance with the rules of eyi- dence, To this ex-Jadge pis Said that, as @ | matter of convenience, counsel hai the other day | asserted that there were no rules of evidence governing this case. President Briggs ruled that counsel must con- fine himself to the inquiry as to matters with which the Superintendent is directly connected, There would be no end to the investigation were | they to admit generat questions, { ¥& Have you any knowledge of action taken by tne Superintendent in the Shute robbery? A. Ye: 1 was present when the Superintendent ord the sergeant of the mounted squad to take his men to the outskirts and look alter the burglar; for weeks I had conversations with him dally about this matter; the sergeant of the squad re- ported to the Superintendent datiy on the case; I personally visited the house of Mr. Shute, in com. pany with President Jordan, who was then on the Board of Commissioners; the morning of the as- sault saw Captain McLaughlin, of the Niath pre | cinct and several of his men on the premises; t resuit of my investigations i reported to the Sa- perintendent, | Q. are you competent to judge, from your twenty-four years’ experience on the pollce, of the competency of Mr. Folk as Superintendent of Police? A, lam. Q. Whatis your judgment about his qualifica- tions? A, | think him eompetent as far as I pave | known him. Q. Do you think he ts still competent ? lao, | _Q What ts his conduct with aero to attenain to the duties of nis office? [Objected to, an question aamitted.] A, He isa careful and dili- routomMcer, I believe the gh sted id to be fearless and honest; he does his duty jattnfuily, duigeatly and carefully, = 3 ‘| Redtrect—I have been Inspector of Police at Headquarters for nineteen months; my duties | are to inspect the station houses; see that they are clean and in good Fepalts see that the men are comfortably provided for; mspect the books and clotnes; L report to the Superintendent onee a day and then go off about my business: the Superintendent tola me to yo to the house of Mr. bhute, and I went there with the President; thas Was the only case Hamed in these specifications in which the Superintendent directed my action, Q. Did you mean that the Superintendent ts a competent or fearless man? A. | meau voth— competent and feuriess. Q. From what you know of Mr. Folk do you mean to gay that he has got ali the qualificgtions neces: 'y to constitute A PROPER ANO EFFICIENT SUPERINTENDENT of police; What 18 irom what you Know of police business’ A. The Superintendent and | have differed 91m many matters, but L aiways gave him the benefit of the doubt; as far as my official con- nection with him has goae [ should say he was, W. Don’t you know that he has a very VIOLENT AND PASSIONATE TEMPER ? Counseilor Troy—I object to such @ question, On this examination Lam sure Mr. Folk bas ais- played very good temper here. The question was stricken out, much to chagrin of Mr. Barrett. Commissioner urd said the whether be possesses the skill an sary for the Superintendent of Police, Witness—As far as my connection with him ag sergeant, captain and inspector goes, I should vhiok that ne las, The witness was pressed for his personal opin-« jon, outside of oficial impressions, taking tn tne: Whole knowledge of the man. The witness said in some matters they had differed, but he believed MR. FOLK WAS 4 aoop su there may have been better; the inspector, “I think Joln beiter Superintendent,” “ito had @ wider field in which to work,!? chumea {n ox-Juage Troy, aud the Superiatendent smiled, Q. In relation to the detective squad; was that properly managed? A. It was not handled accor- ding to my ideas, and it 1s not now. . Don't you kuow tt was the custom of the Sus | perintendent to keep back cases and to give them oO uestion was force neces- for Instance,’ s A. Kennedy was a | FAVORITE DETECTIVES and not to let others of the squad know of them? (Objected to but admitted.) Q. Lask you now if since June 1, 1875, the Super+ mbendent has hot sent his son and Detective Cor« win for three or four days on cases tM no posale ble resuit could be obtained by them, when he handed them to Sergeant Frost; and [ask if the eatery bas not complained bitterly to you of thea matter “ Objected to. That which referred to Sergeant | Frost being expunged from the qneation Witness—I know of no cases of my Own persouay ! (CONTINUED ON NINTH PAGRI