The New York Herald Newspaper, August 14, 1875, Page 8

8 THE COURTS. | Important Copartner-) ship Suit. THE TAMMANY-WATERBURY MUDDLE. | A Trinity Church Suit--Im- | portant Decision. | THE ERIE RAILWAY RECEIVERSHIP. _ COPARTNERSHIP SUIT DECIDED. SILAS ¥. HAVENS V8. WILLIAM H, B, LOTTEN AND JOHN W. CASTREE. From 1889 to 1873 the parties to this action were co- partners, carrying on business in this city a# wholesale provision dealers under the firm name of Totten, Casiree & Havens, On January 1, 1873, the Grm was dissolved by limitation, Under the partnership agreement de- fendants Totten and Castree contributed $20,000 ($10,000 each) as capital, the plaintiff contributing uothing but | Rie knowledge of the business. On the firm's books Totten and Castree were each credited with the $10,000 contributed by them, After the dissolution, and before all the outstanding debts had been collected in—then amounting to some $40,000—the defendant Totten, at plaintiff's request, advanced to Havens several thousand dollars, estimating the amount of such advance as nearly ag could be as the protable amount that would be coming to Haveus when the accounts | were ail collected. Totten «| Castree continued | Some months afterward | Havens commenced this action for an accounting and the appointment of a receiver, meanwhile claiming that he was entitled to oue-third of the capital contributed | by Totten and Custree in addition to his share of the | profits, The clause of the contract under which be Made this claim provided that if the partier at the dis- | solution could not agree on the division of the stock | “ghen on hand, the whole copartnership effects then on | hand shail be sold at public auction and the proceeds shall be divided in the proportion aforesaid ;”” the words | “proportion aforesaid’ referring to the division of the | profits of the business, sueh proportion being one-half | to Totten and one-quarter each to Castree and Havens, but during the last year the profits were divided equally. Under this clause Havens claimed that he was entitied | to a distributive share of the entire firm assets, includ- ing the capital contributed by the other two, | The motion for a receiver was heard by Judge | Learned at Albany, and by him denied, with cos) The referee, Mr. Q McAdam, has just decided th favor of the defendants, holding, ina long opinion, tha Havens ts not entitled to any portion of the cap tributed the two other membe even under the vague wording of the agreement, iding | further that unless the agreement had expressly pro- vided that he (Havens) should receive @ portion of such | capital he would not be entitled to it. The referee further finds that Havens has been overpaid by Totten | about $1,250 in excess of his share of the profits, and gives judgment against him for the amount overdrawn | Report confirmed. | retiring, A TRINITY CHURCH SUIT. | Mr. William H. Paine claims to be the owner of the buildings Nos. 5and 7 Murray street, The’ owned by the Trinity Church Corporation. The build ings were erected under a lease to one Jacob B La Montaigne for sixty years, bearing date | April 5, 1812 At the expiration of the lease | the same was renewed for twenty-one years to Mr. Paine, Among the conditions in the | Jeases was one that, at the expiration, the value of the | buildings should be appraised by an arbitrator and the | amount of valuation paid to the owner. On she 29th of | May last Charles G. Lathrop, claiming to be the agent | of the Trinity Church Corporation, obtained from Judge Fowler, of the Third District Court, a dis- | possess summons for nop-payment of rent. Applica | tion was thereupon made to the Supreme Court for an injunction to stop the proceedings before Judge Fowler. It ig claitned that the object of the proceedings was to | cancel the lease, and that the church corporation re- | fused to consent to any arbitration as to the value of the | duildings. JUDGE WESTBROOK'’S DECISION. The effect of the judgment before the magistrate ‘would be to put the corporation in possession of prop- erty—buildings—which it dees not own. The rights of the parties can only be scttle¢ in a tribunal which has power over all the questions. An action of ejectment should be brought so that the Court in awarding posses. | sion can protect the rights of the owners of the build fogs. Injunction continued. THE TAMMANY-WATERBURY MUDDLE. The Tammany Society or Columbian Order in Februa- ry last preferred a bill of impeachment against Nelkon J. Waterbury, charging him with certain political of- fences, for which, it was claimed, they had the right to punish Lim. Jt was insisted by Mr, Waterbury that, for the proper pretection of his right in the premises, he should have copies of those portions of the constitution and bylaws relating to the impeachment, trial and pun- ishment of members. He accordingly made application in the Supreme Court fora mandamus against the soci- ety, directing the productic those portions of the constitution and bylaws referred to. Pending this ap- | plication Judge Davie granted a stay of proceedings, prohibiting the Tammany Society fromm taking any fur- ther action in regard to the bill of unpeachnient until | after the decision of the Court on the application men- | one. The following is Judge Westbrook’s decision :— _ The motion to quash the writ must be granted. My ‘continued engagements have prevented me from writing | @ formal opinion, and | have only ume to mention some of the points. The party “pp ng for the writ must state the facts which entitle him to reliet and not con. | clusions. (2Crary’s Special Proceedings, 62, 63, and cases | there cited.) First, the facts are not stated showing the | Situation of the proceedings againet the relator, what those proceedmgs are and why this relief is necessary ; oomak, it does not appear that cither of the persons of whom copies were demanded had charge of them, nor is | the time, place and circumstances of the demand shown, | 80 that the Court can judicially see that the refusal was unreasonable. There are several other objections of a similar character, but the above stated are sufficient It ie true, If the conclusions of the relator were evident, | the writ is proper; but, I repent, the facts on which ‘these conclusions rest should be stated that the Court | may judicially reach the same conclusions. Motion w ' quash granted, | REDUCTION OF BAIL. In the suit brought by Louis J. Belloni against Juliue ‘Nathan et al., growing out of transactions in gold, in which the bail of Nathan was fixed at $75,000, the par. | ticulars of which lave already been fully published in the Henan, Judge Westbrook, in Supreme Court, Chambers, yesterday gave his decision upon the motion for reductiin of tail. “The motion was granted, and, as ill be seen by the decision, Judge Westbrook thinks $2 ,000 bai] ample under the circumstancas, THE ERIE RAILWAY RECEIVERSHIP, Judge Westbrook has m an order on the petition of Hugh J. Jewett, rece rt of the Erie Railway Com. pany In the order he permits the execution of a con tract whereby the interests of the railway comp: Pennsylvania coal lands’ shall be consolidated with those of the Shawmut Company. This consolidation is per mitted in the form of a contract whereby a mortgage is to be excented on the property to secure bonds to be | isaned to the atnount of $4,000,000, the transfer by Mr. Jewett to the consolidated company of the Erie interest, or, im other words, the — entire stock * of the Northwestern Mining and Ex. change Company—viz, 6,000 sbares, in exchange for $1,966.607 of the said mortgage bonds at par, subject to the payment of the balance on the purchase of the lands of the Northwestern Company, amounting to $544,080 96, the said Shawmut Company to receive a certain number of the said mortgage bonds in payment | for ite interest on the mortgaged premises. nd—The | consolidation of the Buffalo, Bradford and Rochester , Railroad Corapany (al! of which facilitate the workin, of the lands), with @ capital stock of such consolidate company amounting to $4,000,000, in ehares of €100 each, whereof 22.990 xhares, being a majority of the stock, i to be delivered to the Erie Company or the re- ceiver. The consolid npany js also to guaranteo the payment of the and interest of the said $4,000,000 of boi Northwestern Min Exchange Company. Third—Wiiliam D. Shipman w ap: inted Lrustoc ove of thia $4,000,000 of bonds ourth—The e assumed by this new consoli dated compan vanta and © Coal and Railway of the bonds, or nich As if necessary, are to be used to construct n line of raiiroad to furnish ao outivt to market for vhe coal. By this agreement Mr, Jowett claims very great advantages are to be secured to Erie, including an abundant supply of coal for the use of the railway at reasonable rates, and substantially a ey of the right to receive from and transport all the freight and passengers carried over and going yond the line of said Pennaylvania and Erie Coal aud way Company. He is satisfled, moreover, that ho will thereby make the Lest disposition of the stock whet Erie at present holds in coal lands and best save tho interest of the company’s stockholders, Tho entire body of land which will be beld \: consolidated pee og fl will amount to 98,107 acres, containing im mense deposits of bituminous coal of great value, THE CASE OF ANNIE SMALL. On the application of Arnie Small, who figured some- what prominently in the police investigation aud was committed by Justice Kasmire on a charge of per- jury, sustained by the testimony of Captain McCullough | alone, Judge Westbrook rondored a decixion yosterriay | writ of tiorari (not the common law writ, but that | which the s e8 a8 a concurrent one with that of | habeus corpus) retain unchanged, but I will conform, | aw! intima nel, to the practice of this district. | | ing of the writs shogid be stayed pending the appeal. | asked ; se | required upon an order of arrest | ant. No opinion is expressed on that question, | Solomon Mehrbwck, | by the Cour | Greene street, on the night of the 2d of July, pleaded | | sent to the Penitentiary for one ye WEW YORK HERALD, SATURDAY, AUGUST 14, 1875..—WITH SUPPLEMENT. te uuitough to have been Insufticient on which to commit Mra Small for perjary. The following is Judge Westbrook's decision t= I have examined the evidence upon which Annie | ‘Small was Lesa Umyad g [epee tin py ad far | short of establishiog evidence of Captain McCullough is not dan man so fully as to justify her detention upon @ charge of perjury, The other witness may not have heard that to which Annie testl- | fied, as he was in the ball during a part of the interview. | On consultation with Judge wohue Tam informed that the practice here is upon @ proceeding of this character to examine the evidence apon which the party | was committed, My Own Views as to the office of the Looking nee, I feel constrained to say that T regard it insuifici to jastify her detention. have not time write 4 formal opinion, but state this after cousideration, UNITED STATES CIRCUIT COURT. GENERAL SHERIDAN’S CONFISCATIONS. In 1867, while General Philip H. Sheridan was in come | mand of the military department including Louisiana, it ts alloged that he confiscated property, consisting of 550 acres of grown corn, 150 hogsheads of sugar, 63 jules, 250 barrels of molasses and 18,000 barrel staves, the same being on the plantation of James A. Whelan, in the parish of St. Charles and State of Louisiana, In | 1s60 Mr. Whelan commenced suit in the United States Circuit Court, ty this district, against General Sheridan to recover $358,178 57, the alleged value of the sald property, General Sheridan’ defence is that he was | merely obeying orders. DECISIONS. SUPREME COURT-~CHAMBERS, By Judge Westbrook. Folter vs. Felter.—Report of referee confirmed and decree of divores granted to the plaintiff Donovan vs, Hutebings —The writ of certiorart and | the writ of habeas corpus should be quashed, Tho party, however, should have an opportunity to appeal from those ordets upon giving security that he will, if the order of the Special Term or the Surrogate be affirmed. pay the amount ordered to be paid by the Sur- rogate, with costs of the procecdings, such sceurity to be approved by the Court according to its practice in regulating security on appeals, The effect of the quash Orders carrying out these views can be submitted. The relator should at least give the security which the stat- ute requires upon an appeal, and the respondent ought not to object to a proceeding which will insure the | claim if the relatar be adjudged to be wrong. Tusk ve. Diem.—Motion to correct the order by strik- ing out the $10 coste granted. First, costs were not ond, the defendant asked fora favor, and it would be absurd to charge the plamtif with costs of « motion to mark a judgment satistied which was extin- guished, not by pay a discharge in bank- Tuptey.’ Tt would hardly answer to punish a wan for recovering a judgment for a debt. Belloni vs. Nathaw.—It is well settled that the bail ould be governed by the amount proved to be due by the aflidavits upon which the order is made. According to Uhis rule the bail was fixed in this case at $75,000. A motion to re. duce the amount, founded only on the papers upon which the order was m was dented by Judge Davis. The motion is now renewed upon affidavits containing | Ithe facts on which the order was made. The appli- cation to reduce the bail ts opposed by additional affi- | davite onthe part of the plainti® [tis dificult, on these ex parte allidavits, to determine whose statement is correct—that of the plaintiff or that of the defend. Look ing. however, at the plaintiff's investment—$4,000, and the probabilities of the plaintiffs protection—the bail will be reduced to the sum of $25,000. 11 $10,000, which wax the sum accepted during ‘the pendency of the original motion was then sufficient, that now will pple. SUMMARY OF LAW CASES. Judge Westbrook retired yesterday from Supreme Court, Chambers, to make way for Judge Tappen, of Westchester county, who will hold this branch of the Court for the remainder of the month. Suit was recently commenced in the Common Pleas Court, before Judge J. F. Daly, by John Morrissey va. on a note for $2,700, made by James O'Brien and indorsed by Mehrback to the order The amendment of the answer allowed permits Mehrback to set up that this note, thus indorsed by him, was given im place of @ check for the suine amount given for a gambling debt by O’Brien to Morrissey, on condition that Mebrback adiits all the other facts in the complaint, COURT OF GENERAL SESSIONS. Befare Recorder Hackett. * LARCENY FROM A STEAMER. Jobe McGuire, who was charged with steding four tablecloths from the steamer Thomas Cornell on the dd of this month, pleaded guilty to grand sent to the Stato Prison for two years and Herbert N. Lathrop, who pleaded guilty week to embezzlement, was arraigned for se1 Mr. Algern allivan called His Honor’s to the uflidavits submitted im mitigation of Morrissey. tention of punishment, The Recorder, in disposing of the A that ex- | cellent credentials of previoux good character had been | furnished to him, showing that the defendant had led a | Dlaineless life up to the time of the commission of the fence to which he pleted g Tn view of those | ‘onsideration he diminished the sentence to three | years’ imprisonment in the Penitentiary. NEW TRIAL GRANTED. His Honor said that a motion was made by counsel to | grant a new trial to James Young, who was convicted of grand larceny at the June term of the Court, on the ground of newly discovered evidence. The case was not free from doubt, and as the additional evidence, if re: liable, was important to the accused, the motion for a new trial was granted. SENTENCED. lias Haydon, who was indicted for | Edward Hydon, a burglariously «utering the saloon of Eugene Chrest, in | guilty. He stole two revolvers, two pairs of opera | glasses and seven ivory billiard balls, in ail valued at Two years in State Prison was the sentence passed he Court. by (from him to Officer Cain, | sify the lames, The Sergeant's statements were cor- | trial in default of $2,009 bail each, on a charge of bréak j | Mayor on Tuesday next by the zie Quinn, who stole $20in money from the person of Charles Vahsel, on the 7th inst, ata disreputable house in Heater str guilty, The girl was r | guilty to the minor Francis J. McNamara y \ Je of larceny, the allegation being that on the 26th of | uly e 8 1 da clock, the | aygregate value of which w ries Allaire. He was gent to the P onths, Exoily Thompson alts Hail ple: to keeping @ disorderly house in Wooster su the Penitentiary for thirty days. Thomas Taylor, who eaid th, British army, was tried for_ fe ter , and Wak gent to ious assault and bat- ry. The complainant, Officer Henry Brice, of the | Serond precinet, vestitied that on the morning of the | 1sth of July he heard a women ina tenement house tn murder,” and imme- v the woman and the risoner, the ofeer with a | large sword which he beld in bis hand, should he attempt parrest him. The officer left, and in half an hour | revurned, accompanied by Officer Reilly, when Taylor | becaine very violent and used “horrible” language. He brandished the sword and strock the olficer with it, [twas with the atmost ditliculty they suc- ceeded in taking him to the station house. Taylor swore that the complainant used the sword upon him. The Jury rendered a verdict of “guilty of an assault with a dangerous weapon, with intent to do bodily barm.”? The Recorder sail he would not ingiet the severest pe ¥, Wut in consequence of the good char- acter proved would send the prisoner to the State Prison for eighteen months. | THE WORK OV THE TERM. ‘and Jury found 371 indictments and discharged nts. Seventy-eight were sent to the State Prison, 23 to the Penitentiary, & to the House of Refuge, 6 to the Catholic Protectors, 11 were requitted, sentence Suspended on 6, and 2 wero sent to the City Prison ‘Thue it will be seen that Recorder Hackett disposed of an unusually large calendar in two weeks, TOMBS POLICE COURT. Before Judge Duffy. PASSING A FORGED CHECK. A bright looking youth, named Robert J, Wood, of No. 387 East Ninth street, yesterday called at the Broadway Bank, and presented check to the pay- ing teller, Arthur 7. J. Rice, for $802 50, purporting to be drawn to the order of William %. Rock and signed Proston H. Hodges, Mr. Rice, suspecting something detained the boy and gent for Officer Irving, of the sixth precinct. It was subsequently ascertained from Mr. Hodges, who does business at No. 237 Broad way, that bie signature to the check was a forgery. Held to answer. The boy said he got the check from a strange man. | AN INGENIOUS AFRICAN. Frederick Smith !¢ a colored man, and until recently resided with Mrs, Mary E. Jenkins, of similar ancestry, a No, 286 Sullivan street. A polished and insinuating follow was Smith, He dressed well, was social and | kept two bank books. On the strength of the latter ho waxed comparatively wealthy. In one of these bank books be deposit of $1, in the other of $150. These figures, by a very simple process, ho Taisod to $10,000 and $1,500 respectively. It was his innocent custom to show those evidences of his pecini tate wo his landlady and all the colored folk in ghborbood. He gave out that he was the The G steward of tho Mary Queen, and pretended to employ sailors, cooks nd bunds generally, getting $6 a head ship money, Ho “biked his cottiding landlady out of ng his bank book as a goarantes for its return. > found at the bank it was good for only $1 and sed his arrest, He was held for trial at the General | ions, } REVIVING AN OLD GAME, | Williaa Watsoo, who said he revided at No, 24 | he had served in the | y 1 | George Quackenbush and J. Waiters, is av | to continue It, | to-day. A. Snyder, of Germantown, Columbia county, N. Y., who charged him with swindling him out of $15. Snyder stated in his affidavit that on the 12th inst. while about to tage the boat to Catskill, he was accosted by Watson, who quickly got-into conversation with complainant, and said that he, too, was going up the Hudson, and would “be glad of his company.” They | strolled about the city for a while, having a few drinks | here and there. At the corner of Canal and Washington streets an unknown map came up to Watson, and, ad- dressing him, “That box of glass is on beard, sir? Watson took acheck (or what purported to be 80) for $100 from his packet and handed it to the une known, The latter said, “The banks are closed; have | you nothing else?’ Watson then produced a $20 gold | jece, The unknown said he would pay no premium on i. Watson looked disgusted and despairingly turned Ww his friend Snyder for the loan of §15. Snyder loaned him the amount, Watson subsequently at- tempted to dodge his accommodating companion by various tricks aud devices which excited Snyder's sus- piston and prompted him to cause Watson's arrest. ustice Duffy, after hearing the case and the argument for the defendant on the part of Counsellor Price, held Watson to answer in default of $1,000 bail, WASHINGTON PLACE POLICE COURT. Before Judge Wandell, A TELLTALE HAT, On the 5th of July last Michael Smith, of No, 246 West Twenty fif h street, while intoxicated, fell asleep ou a stoop in Twenty-sixth street, near Ninth avenue. While tm that condition he was robbed by three men of @gold watch and chain, valued at $70; an amethyst ring, worth $20; a pocketbook, containing $40 in money, and’afelt hat, valued at $2.50. Mr. Smith in formed the police of the Sixteenth precinet of his loss aud accurately described the felt hat that was stolen On Wednesday that officer arrested @ young 1nan uamed James McGee, of No. 855 | Went Twenty-sixth street, with a hat on his head which | answered Mr, Smith's deseription and which was snb- | Sequently identified by Mr. Smith as his property, | Judge Wandell held the prisoner yesterday in $2,000 | bail to answer, ARRESTED FOR ARSON, John Lonergan, of No. 64 Charles street, proprietor of the liquor store which was recently on fire, Was arraigned yesterday on ® charge of arson, preferred by William H. Christie, Sergeant of the Ninth precinet police. Ser- geant Christie had made an examination of the prem- ises, and on investigation of all the attendant cireum- stances deemed the fire of suspicious orign. He found the floor saturated with spilled liquor and a feather bed placed against a window in such @ position as lo inten- roborated by the affidavit of Patrolman Morrell, who was on duty in the neighborhood on the night of the fire. Officer Morrell previous to the sounding of the alarm had tried the door and found liquor oozing through the crevices under the doorway and forming @ pool ou the sidewalk, Mr. Charles H. Oxborne, a citizen, of No, 401 West Nineteenth strect, was sitting with two friends on a stoop in the neighborhood just previous to the breaking out of the fire, and noticed Lonergan acting strangely. He came out of the store and stood on the sidewalk alone for four or five minutes, looking anxiously about hum in every direction, He then re-entered his saloon and made everything fast. A few minutes after the place was in flaines, and Osborne and his friends gave the alarm to Engine Company No. 18, and then burst in the door. Their entrance was followed by two explo- eions. Sergeant Christie ascertained that Lonergan had effected an insurance of $3,000 on bis stock and fix tures, although, in reality, there was but a very small quantity of merchandise in the store. Judge Wandell on the above testimony held Lonergan in $5,000 bail to apswer, and committed him for trial. ESSEX MARKET POLICE COURT. Before Judge Smith. RAID ON A DISORDERLY HOUSE. Roundsman Healy and Officer Mullin, of the Tenth precinet, made a raid on Thursday night on a disorderly house, kept by Minnie Schmidt, at No. 65 Delancey street. The warrant was procured on Wednesday from Judge Smith, on complaint of William Doyle, of No, 65 Delancey street, and placed in the hands of Captain mentioned officers to tor, oust Uhuann, who detailed the abov execute it. They succeeded in arresting the propr Minnie Schmidt, and seven female inmates of the Minnie w terday in $1,000 bail to answer; four of the women were discharged and three of them were committed to the Island for thirty days each, FIFTY-SEVENTH STREET COURT. Before Judge Kasmire, GETTING HIS LAGER DISHONESTLY. Otto Thic, proprietor ot a lager beer saloon at No, 828 Fast Thirty-first street, has been getting the lager sold vy him since June 26 lust dishanestly by representing that he owned the fiztures in his saloon, when he really did not. Ernest Kle . of No, 333 East Forty-second i, his brewer, caused his arrest yestentay as a cheat | rand, amd he was held for trial at this court in $500 bail, BUEGLARS CAUGHT GOING FOR A. “POINT.” John Smith and Edmund A. CSnklin were held for ing open a stonecutter’s tool chest and stealing there- froin a “point.” This instrument could be very valua ble in the hands of a burglar, and there is no doubt that cused in’ getting it was not a good ‘ard, of the Nineteenth precinct, MUNICIPAL NOTES. | Acting Mayor Lewis was yesterday visited by a dele- gation of city officials from St. Louis, who have come to this city for the purpose of examining the system of | government here in yogue, and also to vteit the various | public institutions, The delegation, which includes Judge Helter, the City Auditor, Commissioner of Public Works and others, will to-day visit the different insti tutions under the control of the Department of Char- ities aud Correction. It is said that the necessary papers for the removal of the Fire Commissioners will be furwarded to the prnor, on his return to Albany. There are, however, a great many who pro to know that these documents are even now “in the Mayor's keeping. 3 THE FIRE COMMIS SIONERS. A special meeting of the Board of Fire Commissioners was beld yesterday afternoon relative to the death of Peter Weir, foreman of Engine Company No, 23, and at one time an assistant engineer of the old Volunteer Fire | partment. It was resolved that a detailed force un- er command of Foreman’ Michael Walsh, of Engine ny No, 19, together with a detail under Foreman ine No, 28; il under command of Michael Hart, of Bungie N nd a detail under . Brewster, of Hook and Ladd should be made, The following foremen were as pallbearers :— H. Kehoe, J. Poynton, A. Spence, J. Bresing, The funeral will take place to-morrow, A resolution was passed to recopper the bottom of the steam fire tug at cost of $1,700. THE CRISPINS’ STRIKE. END OF THE STRIKE FOR SETTLEMENT ON ALL SIDES AGREED UPON, At half-past five o'clock last evening the members of | the Executive Committee of the cutters on strike at | ¥. ©. Burt's, No, 93 Thomas strect, met at No. 69 War- | ren street, A full attendance was present, and Mr. T. Bradshaw occupied the chair, On motion a resolution was adopted to end the strike and open Burt's shop to all “cutter” ‘This action on the part of the “cutters” tory for the “bosses,” but the men bitterly com- plain that they Lave not been properly supported by their associates, The “bottomers,” on whom the ‘cutters’? relied for help, have held back, but the “cutters” have held out for over two weeks, and now have bad to suc- cumb, almost at the moment of victory, The “bottom- ers’? lodges, Nos. 180, 142 and 138, would sustain the “cutters,” bat great trouble was mot in Lodge No, 105, The action of the Executive Committee in ending the strike wae simply because they thought it was useless THE PRESENT—A | THE ROTTOMERS. The second strike at J. Parsons & Son's, No, 49 War- ren strect, was ended yesterday, after the men had been out about twenty-four hours. Mr. Parsons decided | recognize the Council, and wok all bis men back, ex- | cepting a few who were discharged on account of the dull business. At Hanan & Reddish’s, corner of Church and Warren streets, the business was conducted as usual Thero has been no strike in this shop, but t rm have dis- charged two teams, or about twelve men. Thus the strike was ended yesterday, and every man was employed, but additional ‘troubied ‘are expected to arise, aud other shops will probably be placed on strike CROOKED WHISKEY SEIZURE. Shortly after noon yesterday four officers attached to the United States Marehal’s office, under command of | Deputy Galloon, made a descent on two iWicit. whiskey distilleries in Gowanus, The first place visited was on Twenty-first street, in the rear of Fisher's rectifytng works, There they found an eight horse power steam engine and boiler and all the appliances of the still Work was going on acti Two men were taken into custody, and the property, which is valued at $5,000, was seized. Tho Marshal's mon next turned their atvention to 06 Third street, where thoy found in a cellar, h @ blacksmith’s shop, a Still and a quantity of mvia: Work had ngt been | commenced at that place. The blacksmith, a Mr. Con- Jon, says that person named Mooney hired the cok Jar from him upon the representation that he waa going to mannfacturo vinogar there, He could not say where Mr, Mooney could be found, though the officers | were most anxious to interview him, Tho value of tho | latter property takon is $3,000, The ures created considcraMe excitement in the neighborhood, but there Aiding (ue uncorruboraved tesmcuy of Caywin Me | Thompson stroct, Was arraigned ou cowulaint of James | was uo viulenes shown Lowary pho villogis, | darling; | he putone arm | betore; he p | door ha COLONEL BAKER CONVICTED, The Trial and Sentence of the Fa- mous British Sabreur. Miss Dickinson’s Character Com- pletely Vindicated. A Brilliant Record Almost Obliterated by an Act of Passion. A Lady Should Not Require a Special Pro- tector Among the People. {Croydon (August 2) correspondence of London Times. } In the Crown Court to-day, before Mr, Justice Brett, Colonel Valentine Baker appeared to take his trial on the threefold charge of attempt to ravish, indecent assault and common assault on Miss Dickinson, ‘THK 8CENK IN COURT. From as early as eight o’ctock in the morning people had begun to assemble around the doors of the court, aud long before the time for opening them a dense crowd had congregated before the Court House, and not only obstructed the entrances, but completely blocked up the roadway before and for some distance on each side of the Court House, No case has ever been tried within living memory which appears to havo caused such excitement. It isshardly necessary to say that the court was densely crowded in every part, THE PRISONKR PLACED AT THK BAR, Colonel Baker, with his attorney, appeared long bo- fore the time appointed for the sitting of the Court, and was soon followed by his counsel, Mr, Hawkins and Mr. Sergeant Ballantine, Mr. Sergeant Parry and Mr. Poland appeared on the part of the prosecution, At half past ten the learned Judge took hia seat on the bench, and the officer of the Court calling upon Colonel Baker to surrender, he camo forward in the dock, where he had previously been for some time standing, On being arraigned, bo pleaded in a firm voice * Not Guilty,” on which a suRY was at once empanclled for the trial. They were of a highly respectable class—all substantiai tradeswen or men of independent means, and such a3 would be considered, in the language of the law, a “good jury—that is, such a Jury as is empanclied by the Sheriff in a criminal ease, in which the Sheriff is careful to discharge his duty, as the judges and the Legislature have often laid itdown, and as the Common Law Commissioners de- clared it to be—that is, to return not merely the lower class of those qualified, but jurors of the better class, including some who would substantially answer to the description of special jurors, When the jury had been sworn fhe officer gavo the accused in charge to the the jury, with the usual brief opentug of the indictment, and the in the street, THE CASE POR THK PROSECUTION was opened by Mr. Sergeant Parry in an able and forci- ble spe MISS DICKINSON’S TESTIMONY, Miss Dickinson was then called, and was with great difficulty brought into court. by her mother and her brothers and placed in the wituess box. Being sworn, she proceeded to. make her statement in a calm, firni and modest way, in answer to questions froin Mr, Poland:— he said, twenty-two years of age, ii my life with tay mother; I had witzeriand with a married Fister on the , and had received a telegram on the Wednesday ANernoon, the 16th of June, © join her next day in ‘on the Thursday I went to the Midhurst station sisters, Who saw me into the train; I went to Peterstield to join the Portsmouth tram, and there | had to change carriages; I got into a first ckiss carriage, which was empty, with my juggage, which was labelled “Dr. Bagehawe, Do Isat in the corner, with my face to the engine, and T travelled so alone to Liphook; (here the defendant got into the carriage, and I sat on the other seat; the Window was down, and he asked mo it T felt the draught; I said, “No, thank you, I like it;”? i thing more to me then; at Haslemore, the pinarked on the general prettiiness of at that and the Godalmining station; ery.pretty, but 1 thought almost the part was the branch from Petersfield to Mid- prettic hurst; be suid Midhurst was a very conventent place for | Goodwood, and that he had stayed there; before then I had was mentioned we lived there, very pretty place; he said, been to Aldershot?” and I’ gaid, “Yes, have @ brother there in the Engineers, and there ashort time ago to abail?” 1 said, “My amping out; “Pontooning, es,” L suid, “something of that is your regiment?” he said, l ng to any regiment; Lam on the staff at ‘AL y7 1 said, “South Camp?” he said, “North this couversation was the Liphook side of d; we had other couversation—us to the the theatres and other topics; he said, “1 see » is labelled Dover; are you going there to- 8, and we , “Are you going there alone my brother-in-law in town;” f will have ‘two hours to wait; you ought to stay a few days in town;” I said we had’ previously be and that it “Haye you ” TL waid, town a week or two ago; he said, long will) you be abroad?” 1 sald, mouth;” he said, “Exacly a month 1 said, perbaps three weeks; we passed several stations after Liphook, including Godalming and Guildford, and then we came to Woking, the journey there having taken perhaps iifty minutes; at houe of the stations or at Woking did any one else get into the carriage; until we left Woking ther nothing in the conduct of the defendant which at all alarmed me; 1 still occupied the same seat and he sit in the opposite corner to me; after leaving Woking I believed the train would not stop until we got to Vouxhall, for he had said that after leaving Woking it went straight throug; after leaving Woking he #aud, “1 suppo: travel alone’ I said “Never; he aaid "Could you tis , after a littie delay on account of the outcries | 6 Lo-InOrrow Iorn- | | we you don’t often | tong known Col a time when you will be on thé Line again?” 1 guid 7 he said “You won't | 1 said nothing, Ho said “Will you give me your "6; ho sald name that L may know when I hear; 1 ;” “Why not?’ ‘he said; Because,” 1 t choose; I don't see any reason why L yp and put up the window; L said, “Give me your Christian name; L said nothin he then sut beside ine—that is, he Came after he had put up the window; there was no division or arm on the seat between us; he sat beside ine_and took hold of my hand, still asking for my name; I said, “Get away, won't have you so near,’ and pushed him off; he said, “You're cross; don't bé cross;” he put his arm round my watst and field me by the ‘other and kissed me on my choek—onve, I think—and said, “You must kiss me, he held me in frout of bitn; T pushed him off} vuud my waist and held me fn front} he was sitting beside me at the tine; I pushed him off, and got up and tried to ring the bell’ to warn the guard; T tried the dia! in the centre of the compartment, but it Would not act; he said, “Don't ring, don’t alarm the gnard;’” he forced me back into the corner where | was buck and pressed ma back against the cushions of the carriage, he himself being on me—that is, he was in froutof me, stat kisaed me on the lips many times; his body wa at the time; I was quite powerless; I could not move atall; | said nothing, but as soon as 1 could epeak I said, “If I tell you my’ name will you get of” T don think be said anything; he was kissing me ou my lips, £0 that 1 couid not speak before; then he stooped down close in front of me und I felt his band underneath ing dress, on my stocking, above my boot, The learned Judge—Where was his other hand? Miss Dickinson—I had an impression, nothing more; I got up instantly and pushed the window with my elbow (o kee if I could break the glass, but I could not; I got she window down and put my head out and vamed; 1 “propped" iayselt out with my elbows; he 4 cd me back; [ (elt quite strangled; 1 t tell how; kept up and sc the fast time I should be able to do so, and at the same time I twisted round the handic of the door and stepped out backwards, ou the footboard, 1 think, holding on with my left hand to the outside handle of the dvor, tho door opening toward the engine—that is the back; the hinge of the door was towari the engin held ‘on by tho outside handio—tho lie; I was outside; my arm was outside, and with my right band I held onto hisarm; 1 think be bad caught hold of ming; he held tirmty to me—that is, to my arm; ho sail, Get. tn, donr, got in; you get tn and I'll got ont at the other door;’” I said, “If you let me go I Shall fall; I bad seen the other’ door locked | efficioney. ned once more, fearing it might be | | stretched with vigor to put down such a state of things, a at Guilford; I recollect nothing more said, and travelled | on tn that way somo distance; I spoke to two eck men in the next compartment, and asked, ‘How loug is it bofore the train stops?” tho wind was so strong that I could not hear what rf Pat ae T fancy one of them said, “I don't know;” thé trai station; my hat blown away as soon ag I got out; | when the train stopped persons came w my assistance ; he spoke to ine and said, Don’t say anything—you don't know what trouble you'll got mo into; say you | } i fr rity ged Per ing. vo you my namo or any- ;” T said nol j 7 was nearly exhausted; | was i | helped down from Mite cartiage. aunt the defepchnt gob out as oon as it was stopped; they sald, ‘'What is tho imatter?” I sald, “Phat mao will not leayo me alono;” ho sid nothing? he was pat into another compartment they said, “Hé id removed, set 03” Lsaid, can't go alone,’ and the Rev. Mr. Brown ‘got in and I travelled to Waterloo Statton, and the defendant was brougbt there and I gave my namo and address, indeed, I had previously given it to the guard; he sald, aa wo | travelled along, "I know your brother very well indeed; give me bis address and 1) write to bin,” I said, “You taay do what you choose,” and did not givo him the ad- dress; Mr, Brown saw me to tho house of wd brother, Dy Dickinson, In Chesterfield street, and [ told him What bad oecurred: noxt dav | went to Guildford ayd stopped close lo Kshor | obtained @ warrans; some of the railway officers were with me, Mr. Pike, a Manchester merchant, and Mr. Burnett, who were travel in the next an ena < e Mins Dickinson clinging to the outside of the carriage. ‘The Rev, Baldwin Brown, of Brixton Independent chapel, was examined, and swore to hearing screams | and seeing a lady outside the carriage; also as to tho occurrences after the train stopped. Some other witnesses were called, whose ovidence was of little importance, TH# COUNBEL ADDRESSES THR JURY. Mr. Sergeant Parry then addressed the jury on the ne of the prosecution. He said it was clear that the uly had not exaggerated what had oecurred, and as to the charge of assault and indecent assault the defendant | had no defence to make, and he assumed that on these charges he must be convicted, The learned counsel then proceeded to argue fn an able speech in favor of a conviction on the reves ebarge of ultempt to ravish, Mr. Hawkins replied for the defence, and ealled atten- tion to the gallant serv ered to his country by | the defendaut. He did not make any defence on the minor chargea, but confined himself to exposing the weak points in the evidence given in support of the charge of attempt to rape, THE JUDGE'S CHARGE TO THR JURY. ‘Tho learned judge, in addressing the jury, reminded them that they had only to answer the questions he should put to them, and even though their answers ht lead to @ result different from that which they desired, they must not, on that account, shrink from iving ‘them freely according to the evidence, Tt ts for me to tell you, he said, what the questions arc which you are’ to answer, and it is for you Ww an- swor them fuithfully—whether the effect is to acquit or to convict, That part of the matter rests with you, The defendant is charged—first, with an assanlt, and if, without any ill feeling in his mind, he laid bis hand upon her without her consent tl is an assault. But he is charged next undor a statute with an fudecent assault, and as to that I have no right to tell you what particu: | lar act according to law will or will bot amount to ap indecent assault. The only dednition L can give you 8 that, if a man assaults @ woman in such away that ordinary right wed men would say it was lidecent, then it is an indecent assault, I cannot lay down tho law us to what is or is not “indecent” beyond say- ing that i is what all right minded meg, ~ mon of sound and wholesome feelings would say wus indécent. ‘The Jady says he kissed her on her mouth, I say to ‘you, as I said to tho | Grand Jury, that ifa man kisses’ a woman against her will for the purposo of gratifying any carual feeling in bis own mind, or to excite a carnal feeling on hors, it is for you to say whether it is not an Indecent assault, o thai, if you are satisfed that the defendant kissed the lady with such feelings, even though you were not satie~ fied that he put bis hand under ber dress, then there would be an indecent assault, But then comes the other aud graver accusation, which, let ine tall you, is of tho highest importance, ‘The defendant is charged under a | statute with assault with intent to commit a | felony—that is, in this Instance, a rape, Now, as to that, it is not correct to say’ that the question ‘hevher he had determined to stop if he found her resistance go beyond a certain point; but the question her he intended to violate her, and he cannot be convicted of that offence uniess you are satisfied that he had it in his mind to have carnal connection with her, notwithstanding any resistance she Bslety make. If jowvare satisfied of that, then It 1s your duty to convict fia; but if not, then to acquit, “You, of course, can only tell what Was in his mind by his acts or words. He never said he had that intention; on the contrary, he has always denied it; and therefore it must be inferred, if at all, from what he did. Tho young lady entered an empty Carriage and travelled for ‘some tinie alone, and then the defendant entered it, You have seen them both; you have seen the young lady, and you see him, The young lady is in her ‘twenty-second year; he, it is said, is about fifty, certainly very mach older thgn she. He vegan a conversation with her, which sho could hardly repulse, She conversed with ‘him; it is for you to say whether there was anything in her conversation which tho most innocent girl might not have said to any ohe who seemed respectable, and whose de meanor toward her was respectful. She carried on that conversation with him until t got to Woking, the greater part of an hour, and there wax nothing until they lef} Woking to’ complain of — Whatever there is in the case to affect the defendant in respect of tbe grave charge occurred between that place and Esher, Ho put up the window, and it ix suggested that it was to prevent her screaming and from being heard, and that be anticipated res! ; bat it might also oceur to him that whatever happencd ought not to be open to observation. You must ask yourselves whether he had made up his mind to use irresistible force or whether he | was hesitating; and if you think that, however wicked | he was, he Was hesitating, and could not make up his | mind to use the last extremity of violence, then he not guilty upon this charge, You must take } yourselves there; you must picture to yourselves ihe scene as it ove! miber that, as she herself said, she was powerless, The question is not whether he intended to compass his object partly by | force, partly by r passions, but whether he intended to use all the force of | which he was master, and to use brutal violen to? his object. You will not lose sight of this—that | she was able to get up and go to the window, open it | and pat her head out. She could not say exactly how | itwas; ele did it in that moment of supreme terror. | She was then in anew danger, a danger to her life; but sho was able to doit and did it. Tt is true that the | young lady says that just before one of his hands was | ‘under hor dress, and that she bad an impression how his other was occupied; and, as it cannot be doubted, | after the evidence of the two g en called, | that his dress was unfustened, you that it was then that {t was done. hot suflice to prove an mit a rape, and if you he intended—most wickedly intended—partly by force, partly by persuasion and partly by ex- citing her feelings, to got from her a reluctant consent, and that he did not intend to obtain his object by force and violence alone, in spite of any resistance she might | make, then it would be your duty to acquit upon this charge, for it would not amount to the attermpt to ravish whic! It would be impossible to put the ques y to you, and ) your intelligence to bear on‘ it.” If you are. satisfied that he intended to attain his object force, what ever resistance she might make, then you must conviet upon this charge; but if not'satisfed, or if you are in doubt upon it, then you must acquit Lin on this charge, though you may feel bound to convict him apon the charge of fndocent assault, on which no oue can doubt he ts guilty, i THE VERDICT. The jury, who had given. throughout the most dispas- sionate demeanor to pase and had listened to the observations of the learned Judge with the closest atten tion, then retired to consider their verdict. After being absent about a quarter of an hour they returned into court with a verdict acquitting the defendant upon the firet, the g but convicting him upon the ent assault, BR. proposed to call military | er of the defend- | y pinion But etill that does intention to com. are of opinion that The learned J ize said—Not as to the consequences— I cannot consider. Anything as to character I will | hear, sir Richard Airey was then called, and snid he had nel Baker, and had watched bis carcer With the greatest interest, and knew him to have at- tained a brilliant reputation as a cavalry officer, He had | rved in India, and had marched across India to serve in tho Crimea, Where ho had served with the greatust Sir Thomas Steele, who is in command at Aldershot, | alse gave strong evidence in favor of Colonel Baker, THE SENTENCE. ‘The learned Judge then, addressing the defendant, | proceeded to pass sentence as follows:—When, he said, | the story of this caso was first published, a thrill as of (ishonor went through the country, When it was | heard that « young and innocent girl, travelling by the | ordinary conveyenc their investigation yesterday at Castlo Garden. mt ' (reafter | retrievii character, “the fat at" somo = distant, day you may be all® hy some brilliant serie. of when you donee your paes @ severe sentence pec pay that yon be imprisoned for t months in the common jail, that yo pay a fine of | and be {imprisoned until you have M yrs iL the costs of ins Deeariian be om also pay imprisoned for three months until they are paid, TO PRIBON, Colonel Baker was then removed in custody ae the trial terminated, the vast audience slowly dispersing, PRESS COMMENTS ON COLONEL BAKER'S CASH,’ {From the London Times, August 3.) There is every reason to be satistiod with the and result of the trial, The two Judges who succes. sively refused to interfere with the ordinary course of procedure have been amply justified by tho event Ij would have been a monstrous injustice to the young lady, who must have already suffered much anxiety in, connection with the case, to postpone the trial fox, months on the pretence of securing for Colonel Baker» moro impartial and efficient jury; and the fact that the jury actually summoned acquitted bim of the more weighty chargo, shows that neither the excitement of the county of Surrey nor the prejudices of the ¢} from which jurymen in criminal cases are wken, bay operated unfairly to the defendant. * * © There is something also to be sald for met on this matter, The apprehensions are not all on thé side of the weaker sox. ‘The present 1s a case of. Hugrant outrage on an innocent lady; but there hava) boon charges which, when tnvestignied, were found bear quite a diferent complexion. ‘There are many” men of by no means weak nerves who dread being sha® up in arailway carriage with a young Woman, If ae the cant for well-conducted young ladies tcovalh ling alone to choose the ladies’ compartment, this incon= venience would tend to pass away. But theso are only" suggestions, This is a frce country, and all thle cither sex must bo protected in the exjoyment of rights. As far ag the law can afford protection, a girl must be made as safe in a railway carriage as in ber father’s house. In this sense tho present trial will be @ salutary example, {From the London Standard, August 8.] » * © We cannot say that the punishinent {3 tod severe, Colonel Baker has sinned against his lig! his superior advantages and social and mora. conditions which should have held him back from box having like the coarsest of rut such an example, We hear occasionally of the which beset mule railway. travellers from the solicita- tions and threats of exposure to which they aro sub- | jected by depraved Iventuresses who seek tar extort tmonoy by tho menaco that the; will prefer absolutely groundless charges. hear but seldom of the systematic annoyances, of a more or less grave character, under which, with all deference to Mr. Justice Brett, ‘lady passengers aro constantly suffering at tho hands of male fellow travellers. Ladic& seldom care to seek redress in a court of Justice og these circuinstances. Itis only when the provocatio is outrageous, when the courage of the lady partakes o! desperation, and when the mapifestation of thut courage is public and startling in its absol reckless disregard of consequences that offenders of this stamp are brough® to justice. NOLAN’S FEES. ‘TESTIMONY OF ABRAM WAKRMAN AND BERNARD CASSERLY, The Legislative Committee on Emigration continued, It was some time after tho usual hour before the committee organized. Only two witnesses were examincd— Messrs, Abram Wakeman and Bernard Casserty, Abram Wakeman was the first witness called:—Wag present by virtue of a subpana served the previous day; he would testify as to $60,000 alleged to have been paid in 1861 by the steamship companies; desired to say that he had no knowledge of the preparation for thé payment of such money, and did not know of the ex- istence of the alloged payments for two years after, wher he heard of them from his clients, Wilhams & Guiong ‘was never benefited by these moneys in any form; pree pared an argument by request of Mr, Wiltiams in 1873 ¢ subsequently was paid a fee for his services, but no tore than he was in the habit of charging; in 1874 hé was waited on by Mr. Dule, who requested him to re peat the previous argument made before une Albany committee; it was then and subsequently made known that no fees would be paid except those usual for couns sel; the discussion took placo in regard to the bill before the Joint Committee of both houses, and aguin before the Senate; did not know of any money having been dis bursed and believed that no money was paid; it was dis tinctly understood by the steamship companies that no money was to be paid to influence legislation, because if it were once to be dono it should be continued every year; no proposition was made to him $ bave the money secured to affect legislation; had no communication with any member of the Legislature, except as he came in contact with them professionally and in a legitimate way; the steamship companies which he represented, had not to bis knowledge any other counsel or repre- sentative then at Albany; Mr, Casserly was in Albany im: 1874 in connection with the emigration aMirs, and aided me considerably in the explanation of papers and statistics; did not know what remuneration, if any, he got; thought that Mr, Williams mentioned to him what his relations had been with Nolan; the arrangement, ag lained, was that Nolan was to get twenty-five pei per capita; heard nothing that could implicate eral gfones in Mr, Nolan's affairs, and from the ine igation he (witness) was satisied General Jones hadi nothing to do in Nolan’s relations with the steamship companies; prepared some of the documents whiclt were subsequently published;. Mr. Casserly prepared’ others; these dociments and writings were published ag nows articles and as editorials; did not know that a mouey was ever paid to influence or procure the pubil- cation of articles in the newspapers. Speaker McGuire co:nplimented the witness on hit integrity. and the testimony closed. An agent from the Canard line wag next introdueed) and from the record he produced it appeared that the Cunard line had paid in the effort from Ajpril 24, 187], to July 23, 1872, the sum of $8,962, BERNARD CASSERLY was the next witness, Was Soperiutendent of Rmigra- tion from 1860 to May, 1873; had opportunity te. ae what the workings of the Snstitution were; thought how, as for along time previous!y, there might have been more economy; there were’ unnecessary officials under the Board of Emigration; e last ten years of his experience he saw that the new?’ Coinniissi as they came in, were obliged to make appointments, and there Was not a corresponding number of dismis: sala, and hence the force increased; bis duties were to carry out the instructions of the Board; did not pur- chase the supplies; thought the services of a treasurer were needed while the disvursements were <0 heavy, in 1870, 1871 and 1872; could not say that as secretary had been obliged to risk her life in order to sav@herself from gross outrage, every part of society, every household felt as if it hud received a personal inj and when the country heard that ber assailant was 4 gentleman, and a soldier, and an officer, and an officer high in’ command, it felt fear and horror, and, I think [may add, disgust, Nevortheless,’ you have had what everybody twust admit to have been a calm and dispassionate trial; and | that Jury, of whom some fear was expressed,’ have known Now to diseriminate between the charges” ma‘ against you. They have most honestly, most fearlessly, absolved you from the ‘heaviest part of | ugh they have found you guilty of that | can doubt you to be guilty. As to the young lady, I have heard it said that she ought not to ave Femained 80 long ina railway carriage alone with | & man, but ft eema to me thut this suggests a state of society In this country which, happily, docs not e tn any part of it. Ti scems to suggest that a defenceless woman in a public conveyance in this country, ff she is wlone in a railway carriage with a man, | may oxpect to euffer some outrage from him: It ig not true of any part of society, from the highest to the lowest. There may be bow and thon @ inun who gives way to passion, but it is not chur- acteristic of this country, and I wholly deny that thero ts anything wrong in a Woman, however young, being aloné tn a railway carriage with a man who appears to be respectable and treats her with respect. But if it { were otherwige the arm of the law would be out- It is in general true that a woman, however unpro- tected, is safe, It has been further suggested that the young lady was wrong in entering into prolonged con- versation with one who was a stranger to her, But I | cannot agrbe to that, und it seems to me that it sug. | geets rather @ pranent fear thun a feoling of self-respect | and safety which every innocent woman in thiscountry possesses, It may bo suggested that the libertine out- Tage Which you have cominitted upon ber has detiled her, But Ueay it has not, and that she walks out of | this court as pure and as Innocent as ever Rho was, and as undefiled as she was—nay, more, that the courage and spirit she displayed have added a new ray of glory to her youth, her innocence and her beauty! (A burst of applause.) With regard to you, when I aay that you were not only In the rank of @ gentieman, but an ofl. cer high in command, it implies that, of all who were that train, you were the last who might hayo been expected to assail her; and it might father havo been expected that ‘you would do anything to defend a defencoless woman. And I say it mivisedly, that even if a girl so young had con- ducted berself with imprudence and indiscretion it was for you, as 80 much older, to havo protected her, if heoessary, against hergolf. But there is nothing from tho Orst to the last in her conduct which can palliate or excuse In the slightest degreo that dishonorable thing which you have committed, Wor the crime itself there 4s no palliation, It ts, when I think of hor and think of youtbiok of all he circamstances—the grime tase Op Repte os bad as such & crime could. pogs FB cto thera aro ciretifisiances which T am and Yo tsko into Consideration in the discharge of my duty, and theso are the high character that you have received and the Probability that this was a suddon outbreak of wicked- Hg } pd You fed altgined aie h rank id a high reputation, capnot forget ti ir your Drilliauy forvicos vour country iq Tndebted to you & | ration was ver; i ee during another year, and thus the funds be suppl | AE their he could have done other duty, Here the witness entored into a lengthy explana ifferent changes that oceurred in the work- ing of the commission siuce it was established. In re-. gard to the taxes ho explained that originally there tax of $1 and the Marine Hoxpital tax of, cents, This system was changed in 1849 by a United ates Court decision, and then the State combined the taxcs and made a united one of $1 50, In 1853 thera Was a large emigration, owing (0 tenant evictions in Ireland, and a large consequent increase of count claims, and then the tax was. increas » $2 a head, In 1867 it was increased to $2 50. The objections of tha steamship companics reached such a point in 1871 that & conference was held between the steainship agents and the Commissioners, but no satisfactory result was obe tained, The witness went on to make comparisons, showing that the commission could have been run at a more economical rate, He thought that if one year the emi- small the expenses conld be pe Og ituess also explained the progress of the buildings 0! Ward's Istand. In regard to the imtroguction of polie tics, ho said that since the new Board came in, in 1873¢ Aifty por cont of ali the old hands were disinissed and the expenses of tho department run up to $140,000. When the new Board came into office they eaid they saw that emigration was going to decreaao, yet thera were no dismissals; and when the Forwarding Bureau and the Postal Bureau were announced to be abolished the Board still kept the clerks on the pay list. Persons of foreign Dirth were discharged and a point made to laces by Americans. It was a common ex- pression for bis (witness’) saccessor to say, in goin; Tound the building, “When we came here every man stumbled against was a Dutchman or an Irishman, but now all that is changed.”” Removals happened on ac- count of political and religious differences, especially among the higher offices. In regard to the relationship between Counsellor No- lan and himself the witness said that the first ho ever heard about the affair was from Mr. Wallach; might have soon Notan at the Garden when Genoral Jones was counse! to the Board, but could not remember; the rea- son for the passing of the resolutions sont to the Legia- Jatare was to secure harmony with the shipping inter- est, which, it was said, was wanting at this port; had no reason to think that the steamship companies paid monoy, except from what was developed; could not un- dorstauld why tho companies engaged Nolan at all; did hot remember seeing Nolan at Albany in 1972; ’ did nothing at Albany in 1872 for or against the bill. Anumber of questions wore here asked, the answers to which had been, in substance, giveu previously. Ags ‘an item showing the squandering of monoy by the prea. ent Commissioner Casserly said that, as was pub. Nely asserted in Albany, tho annual report for 1873 was printed on tinted re and bound in morocco, Commissioner Lynch, who was present during tha examination, remarked that tho late Superintendent, Mr. Webster, had undertaken to got out that report ab his own expense in good style, To this the witness re. plied that the figures were printed in the accounts of the ale were $2,014, Witnoss lestiled thatho had never got any money from tho steamship companies; was asked to act for (CONTINUED ON NINTH PAGR}