The New York Herald Newspaper, August 25, 1875, Page 5

THE CANAL FRAUDS, Fourth Report of the Canal Inves- tigating Commission, WILLARD JOHNSON’S CONTRACT. Tho State Defranded of Thirty Thousand Five Tundred and Ninety-five Dollars. FRAUDS IN WALLS, BRIDGES AND IRON. The Belden Contract for Otisco Lake Dam. Atiiany, August 24, 1875. « ‘The Canal Investigating Commission have presented & further report to Governor Tilden of the Cut Loch tontract at West Troy, which was virtually awarded to ex-Assemblyman Willard Johnson, and whom the Com- mission say is tho real party in interest. The frauds are of a similar character to those disclosed in previous reports, and show a total amount, as far as the investi- gation has gone, of a fraud upon the State of over $30,000, To Tux GoveRrxor or THY State oy New Yorn:— On tho 15th day of October, 1869, a contract was warded to one John V. Boomer, of Fulton, N. ¥., 40 construct the lower side cut lock at the upper side ‘ont at West Troy, the work to be completed on or before the 25th of April, 1871, The sureties were Willard Jobnson and Willis 8. Newton, On tho 7th of December, 1869, and within two months after it was executed, the contract was assigned to Willard Johnson, who {s understood to have been originally the real party in interest, and Boomer his instrument. The ontract provided simply for the construction of lock and its approaches, each sixty-six feet in length, ata cost of $49,020, Without any authority whatever, except what they profess to derive from this contract, he State’s agents have permitted the contractor to duild in addition a waste weir; to enclose the triangular ce Included between the upper side cut, the Hudson Jiver and tho West Troy basin by vertical walls; to poyer its surface, about 6,000 square yards, with a stone pavoment, and finally to build an iron swing bridge over the waterway im the towpath, aggregating an expendi- hure of $111,198, or $62,172 In excess of the contract, In the final account’ the contractor is credited for The excavation of 6,314 cubic yards of rock, $6,314. This allowance is nade for clearing out an old dock Mied entiroly with earth mixed with loose stones and gravel, and was only chargeable as earth excavation, thore boing no blasting required; but the contract price for earth excavation was only thirty cents a enbic yard, while for rock excavation it was $1. Upon this single item the contractor was allowed $4,419 80 more than he was entitled to, There was also allowed in the final account 18,610 tnbic yards of embankment. All but 3,000 cubic yards of this embankment was made from earth pis jor as excavation, deposited within 200 feot, and therefore by tho terms’ of the contract not entitled to be paid for asecond time. For the 15,610 cubic yards thus wrong: fully estimated the contractor was allowed $3,122. The Anal account contains an allowance for 2,743 5-10 tubic yards of lining at sixty cents per yard. . The contract requires that when lining is made from materials paid for us excavation, and used within , 400 feet of the place where oxcavated, the quantity thus used shall be deducted from the excavation. It appears from tho testimony of Mr. R. J. Hilton, the engineer in thargo, that all this lining fell within the foroxoing re- striction, but that it. was never deducted from the ex- tavation. ‘The estimate of earth excavation is consequently too great by 2,743 5-10 cubic yards, for which the contractor pre thirty conts per yard, or in the aygregate $ There is also an allowance of 20,655 pounds cast iron at twelve cents per pound. Mr. Hilton testities that 12,260 pounds of this iron wero allowed for scrap and pig iron used as a compen- gating weight in the swing bridge near the head of the lock.” (This bridge was built in the spring of 1874, dur- ing the Commissionership of Barklay. ] fhe construction of this bridgo was unlawful, for It was never let by contract, nor did the contract under which Johnson was working contemplate any sach im- provement. ‘The prices, therefore, for the work done and materials furnished on it, if paid for at all, should have been simply their market value, ‘The ‘market value of scrap and pig tron at this point did not exceed two cents a pound, ‘The fact that cast iron was esti- matod in the contract at twelve cents a pound was made & pretext for charging the State $1,226 more for the iron used than it was worth, though’ put into a work not ‘sovered by this contract nor by any other. TESTIMOPY OF ENGINERR GREENE. Tho testimony of Mr. Greene, the present NEW YORK HERALD, WEDNESDAY, AUGUST 25, 1875. tion by direction of one of his superiors, With the ex- ception of the coping all this masonry appears in the final account as extra work at prices arbitrarily fixed either by Mr, Hilton himself or by the direction of the Division or Resident Engineer or the Canal Commis- sioner. For the removal of eight canal boat wrecks from the basin the contractor has been allowed the sam of $2,000, or at the rate of $250 each, these boats were aiso allowed to the contrar This work clearly fell within the category of “grubbing and clearing’ for which the Having been once esti- mated as excavation, and belonging, as it does, to the classification of “grubbing and clearing,” there’ was no propriety or justice in paying again for it as “extra much earth excavation contractor was entitled work."” to $10. The spaces pied by or as so In the early monthly estimates under this contract, the boat wrecks were but emboldened aj estimated, to $250 each, There isan allowance also in the final account of $530 for salt used in the mortar, under the pretence of estimated under oath at $75 each, parently by the sue that fraud was rewarded, the price was advanced forthe whole, as well those previously as those subsequently with which hastening its setting, although one of the general construction. Irrespec contructor sum lp as fo Excess on embankment Excess on lining Excess on iron... Excess on vertical Xcess On pavement, all Making a total of.... We have stated aire work is $111,197 99. been issued. upon ‘Annexedt you will find tract furnished us by # Second—A statement and certified, work which has been al 8 on rock excavation Lio’ i lowed. ‘andulent e ++ $4 + 3 JOHN BIGELOW, D, MAGONE, Jr, 3. ORM, \ D. VAN BUREN, Jr, covenants of the contract provides most explicitly that the prices of the various classes of work pained in the contract shall include all the materials required in the tve of the unauthorized and illegal way in which more than half this work has.been the amounts falsely and fr: undertaken, ulenuy estimated to thts 419 80 contractor has been paid or credited on account of this This is exclusive of the expenso of engineering. Of that sum $61,761 have been paid in cash, and for the balance of the work done $49,436 9, it being in excess of any appropriation, certiticates of indebtedness have In part to accomplish the transfer of the $30,606 40 which we find to have been allowed Jounson upon talse and lature last winter was bogniled into imposing a tax the people of the State. » the contractor mates, the Legis- First—A list of the unpaid certificates under this con- uditor. ing the date and amounts of the various monthly estimates made under this con- tract, and the names of the Canal Commissioner and resident engineers, by whom they were severally made Third—Vbe quantity sheet on which the contract was awarded, together with the tinal estimate for which the contractor received certificates and the account of extra LIST OP CERTIFICATES YOR WORK DONE ON THE CANALS IN EXCHSS OF ANY APPROPRIATIONS THER VOR WHICH PROVISION 18 MADK IN CHAP. 263, LAWS FOR AND J. M. Barnett.......-- 0, J. M, Barnett Alex. J. Brown........ Henry J. Mowry...... Total, Erie Canal... 8. D, Keller .....+000- Potter’ Wooded street, Sewer at Mansion street, West Troy..... Removing wall and constructing slope! wall from Ferguson's aqueduct to east line| of Utica, 4.) Lock 46, Extending abutments, widening and raising approaches shway bridge East Frankfort Ilion. . . Rebuilding dam near] Iron bridge at Columbia ‘Oswego Canal. Taking down and relay- ing retaining wall in rear of towpath side} of lock 2... bench and from bridge to Do, the} at to road bridge at ‘aZenOVi, Cohoes. Btate Engineer, is very explicit upon this subject Q What would be a fair price tor pis iron at that point, oven if it were necessary to load the bridge in that way? A. About two cents a pound. @. It was not done under any supervision of yours? A. No, sir; it was included in estimates made subsequent w the expiration of my term, Q Do you find it was so allowed in the final estimates in favor of this contractor? A. Yes, sir, Q. Have you any theory or any ‘explanation except the dishonesty or negligence of the engineer in making any such allowance, there being no contract, and this being a case where he is calied to exercise his judgment? A. No. sir, Q You find that twelve cents a pound for 12,000 pounds was an allowance of at least ten cents a pound, mnore than it could bo procured for at its market value? A. Yes, sir. Q@ Now, assuming that this bridge had been called for under the contract, and that the contract provided for twelve cents a pound for cast iron, would that have afforded any just reason, in your opinion, for the ance of this pig iron at the price of cast iron? A. sir, * The contract contemplated the construction of only fifty enbic yards of vertical wall at $6 a yard, Tn the final account the State is charged with 1,320.75 | cubic yards, which we find classified as follows 764.9 cubic yards dimension masonry at $10. $7,649 00 411.3 cubic yards ashlar curved retaining Wall at $15.. 144.55 cubic yards coping at $20. Making a total of, sy for work which, at the contract. price of $6 thi would have amounted to only $7,924 50, leay State the loser, by this false classilication, of $ Mr. R. J. Hilton, the assistant engineer in charge of this work, tcstiies that he made this classi vertical as “loc wsoury,”? under the orders of the div and resident engineers and the Canal Com- The curved ashlar was so classified by - $16,669 50 10 missioner, @irection of Mr. Babeock. Mr: Greene, when ance of $10 a yard for this wall, testitied as Q. How do you account for an allowan al estimate there of 1,243.9 yards at $10 a 9 A. That js a retaining and curve Wall built trou the foot of the Jock around to the waste weir, and the wall portn of the lock across the basin. Q@ Why was it not classified under vertica! wall laid in hydraulic mortar at the rate of $6 per cubic yard? A. L don't know. . wpy reason that you can assign, as an en- ) Why that allowance of $4 a yard, the differe ecn $6 and $10, isn’t erroneous? 'A. M. sion js that it i a ditlerent character of magonr; #tone is larger and better material. Q. How can you have stone larger than the condi- tions specified in this work, that they shall not be less than a given size—not ess than 6 inches in thiel hessand at least & foot area in bed? A, Perhay tectinfeally, it would come under the head of vertic wali, but lam giving you what ‘I conceive to be the nder this contract can you, as an engineer, con- Q eeive any valid reason for allowing more than $6 a yard | for that wallt A. No, sir. Q. 1 want to call your attention to another branch of Wt, and that is that quantity that is allowed there—411.3 | pf ashlar, curved retaining wall, at $15 per cubie yard? A. That is all the curve that L xpeak of, Q. You see when you allowed that to the engineer you was inerror? A. AS far as that item is concerned, Q. Have you any theory by witch the contractor pught to be allowed §15 a cubic yard for that work un- r this contract? A, Except that under the head of extra work the price might have been fixed by the Dommissioner and engineer. Q That wouldn't be under the contract? fer the contract, Q Now turn to that part that is allowed as 142 cubic yards of coping at $20, and tell me whether it is not Allowed at the same price, $20 per cubie yard that is re- quired in the contract for’ which the coitractor is re: qiired to furnist tie tone for the locks, and whethor that is not, ax you are enabled to deter: mine an erroneons allowancey A, Lt is ou think it was a wrong done the State in lowing $20 for this copying? A. I do, For paving the triangular space enclosed by the jock, the river and the busin, 210 enbic yards of paving have been estimated and allowed in the accounts, as vertical wall laid in cement, at the rate ot yard; in the final account this is reclassified ns pave- ment at $6 per yard; the contract allows for this class af work but $3 per yard; the pavement is estimated at UW inches in thickness; it wast han 10 e, ab BUS 4-10 cubic sxcexs of the work done, and at $9,700 80 in excess of he contract price. \ A. Not un- CONTINUATION OF THY REPORT, We havo stated that the swing bridge and waste weir were not let by contract nor built under any authority Wiaw, and yet the masonry for the abutnients of the widge and for the waste weir appears in all the monthly tes till Khe final account as “lock wall masonry,” Purpose being apparently to convey the idea to hose who might be disposed to serutinize the esti- ates that this work had some nevessary relation to the locks built under the contract’? Me. Hilton testified that he made this faleo classifica Deputy | Total. It = Fe] | fs] ite v8] Fe 22 | b3§| fe) FEAT BE] PEE $89,640) $7,300) $76,194] A. Barkley 4,100] 4,460] 70,985] A. Bark 98,540] 4,440) 83,759] A. Barkley 110,320] 11,780} 93,772|A. Thayer 113,500) 3,180} 96,47. qehog foowg | sayy 1295.8 “UHL 3985 67 soap peng wp ov 1875. Contractor. Work, Amount Alex. J, Brown, ron bridge at Alex $827 ‘ street, Cohoes..... Willard Johnson......]Wooden bridge at Jason 516 street, Ulica..... J. V. Boomer....... {Lower lock at the upper] } 8,228 W. Johnson, Assd. {| side cut, West Troy..|f 6,205 De i AL OL GANDISSY *AOML LSMM “LAD ACIS UAEIA ‘MDOT UAMOI—KOSSHOF a Extra Work, Quantities, 2,425.2 cu. yds.| $6 00 ‘Qnoon pai 1 cn. yd. | 1400 Hout wree' 8 eu, yds.) 250 00 Salt used in mortar. . 276 utting stone 18 days. 400 Gas pipe railing ...... N17 _ lin. feet} 2 50 Ashier crowned retaining wall! 411.3cu. yds.| 15 00 Number lock houses. ... or 2 en yds.| 331 00 Nutnber lamp post 2 cu. yds.) 55 00 | Curbing... 346 lin, feet. 60 | Leighton iron and bridge work (material to strengthen Swin bridge), bill of $208 19. pas i Abutment waste weir an mensions stone masonry.....|1,2429 cu. yde, - Ordered by Canal Commission ers and Division Engineer... —| 1000 Deduct material furnished by > State:— Coping. » seterscceceee] 20 cu. yds.| 12 00 Hemlock foundation timber. , 6M. ft. bm; 1200 Total estimate, $111,197 99, ‘THE DENISON AND BELDEN CONTRACTS. Aunaxy, Augnst 24, 1871 On Monday, August 9, it will be recollected Judgo Westbrook, sitting in Chambers at New York, on tho appheation of Deputy Attorney General Fairchild, granted an attachment against the property of Henry D, Denison, James J, Belden, A. C. Belden and Thomas Gale to the amount of $417,000, and also orders of arrest against the same parties, requiring them to furnish bail in the sum of $200,000 each. The writ of attachment was directed to Sheriff Cossett, of Onondaga, in which county the parties above named reside, and in which it was supposed the bulk of their property was situated. ‘The Sheriff yesterday made the levy as directod in the writ, and to-day his return thereto was filed in the County Clerk's office of this county, together with a schedule of tho property seized, tho value being placed thereon by two disinterested appraisers, the value of iu : four defendants as . Belden, $156,100; le $200,000, 500, and Gal A.C. Bolden, $122 ‘Tho Joint Legislative Cominitteo charged with in- vestigating canal matters met in this city to-day, pur- suant to adjournment. The contract of ’ Bel- den & Co. for building a dam at Otiseo Lake formed the basis of the examination. In the original estimates three acres of land were to be cleared at $70 per acre, When the first appropriation was ox- hausted, a bill passed the Legislature providing for the continuance of the work, and for clearing the lands around the lake; provided that sad clearing should done in accordance with the original contract pric Under this bill the contractors cleared some four hun- dred acres, for which they drew from the State somo $30,000, TESTNIONY OF MR, MASON, The first witness called was Mr. Mortimor Mason, who testified as follows:—I resido in Stafford, Onondaga , and have resided there for the last forty years; am familiar with the surrounding soil and with Lake Otisco; in its natural state the lake — was a basin surrounded by hills; before eniarged by the: State the lake was'a mile wide by five miles long; it was fed from streams from the South; the timber standing on the lands ought to have paid for the clear- ing; 1f the State paid $30,000 for having the lands cleared, think the money was unnecessarily spent; do not know any of the contractors who had charge of the work, TESTIMONY OF Mi. MALI. Samuel B, Hall sworn—Have had charge of the dam at the Joot of Otisco Lake for the last five years; saw the dam while it was being built and know the surround- ing Jands; I was employed to build the gate frame by C,H, Sweet; did not know that building the gate frame was part of the contractor's duty; two of the Beldens were at the work a_ good deal of the time while it was in progress; the frames ‘were made of white oak; the slope wall on each side of the dam was laid on the ground; the ground was muddy and wet; there was no foundation of timber laid for the wall to rest on; the wall contained. ofie tier of common fiold stone; the slope wall 18 tumbling down some now; I have repaired it with gravel; L would not call such’ a wall a permanont wall; water leaks through it as if it were asieve; ifthe wall had beon built as it ought to have been it would not have needed the repairs I put upon it; there is no p of such a rond as is re- quired in the specifications; at the lake there were some sixteen acres of land covered with underbrush and elders. EVIDENCE oF 8, 1, YWHrTE. Samuel L, White sworn—Live within three miles of Otusco Lake; in 18691 began work as a day laborer on the dam; next was made overseer of the wheelbarrow men; subsequently was placed over the men domg the mason work; quarry stones were uscd for. the front of the dam and loose field stones for the une: posed places; I assisted at the clearing; no grub. bing was dono to speak of; grubbing could not have been done without my knowledge around the dam; a temporary dam was built before I began to work; it gave way before I came on the ground; in April last I got a letter trom the Superintendent direct- ing me to repair the dam as quickly as possible; I had heard about the canal imvestigation and supposed the design of raising the water was to hide the stumps near the dam and the slope wall. MR. JAMES SHARP'S EVIDENCE, James Sharp sworn—The wood upon the lands cleared would pay for the entting; there was no grub- bing to be done save about the foundation of the dam; if there had been any more grabbing I would have seen it; some stumps were left and algo some trees standing; no timber was used in the foundation of the slope wail; the stone work of the dam was of dressed stone in the front, and in the unexposed places rough stonos were used. Adjourned till three o’clock P, M. AFTER RECESS. TESTIMONY OF MR. MILES. At the afternoon session Mr. Alfred Miles, of Otisco, testified that he had sold 20,000 rails for Belden & Co, at $60 per 1,000. Samuel H. Stanton, of Stafford, near Otiseo Lake, testified that he knew John Ackets. He owned about six acres (the State allowed for twelve); Lowned about four acres; never got any pay for my interest; could have made a handsome proiit out of tho job if allowed to clear the land for the timber, MR. ALANSON IHICKS’ EVIDENCE, Alanson Hicks testified that he lived at Marcellus; ned a sawmill at Lowe's end of the lake; in 1863 sawed 83,810 feet of timber taken from the Otisco Lake lands for Belden & Co.; it was hard wood, worth $13 per 1,000 feet. WILLIAM NEWALL'S TESTIMONY, lived at Marcellus; i 3 it h $4’ per 1,000. feet; there are 150 acres of stumps now on the lands pre: tended to be cleared; saw no evidence of the stumps being grubbed. TRSTIMONY OF ALBERT TAYLOR. Albert Taylor, of Marcellus, testitied that he saw eleven teams engaged for three ks drawing away timber that never came to the mill; 1t went to Camillus and other phicos, TESTIMONY OP ALONZO BROWN, Alonzo Brown testified that he lived in the Otisco Valley at the hi f the lake; he was engaged in asaw- mill;_ sawed 203,536 feet of timber for Belden & Co. in 1370-71-72, the av vglue of which was $15; it came from the head of the lake; the timber would well pay a man for removing it, as it was cleared. a would thirty irt > was na grubbing done; the land. was tle long before it’ was "cleared; — they built two booms to stay the flood-wood, — but these were carried away the first freshet; there is am abundance of floating timber coming down now; [ ght some wood from Belden & Co, to burn at the 20 for it; do not think the contractors, 8) stoRY. he owned land near Otisco ; fourteen acres of it were flowed; 1t was meadow © allowed for clearing twi res of timber)— there was no timber on the imeadew land; saw con- able clearing done on other property, but no grub- would not give much for such ‘clearing as was Mr. Smith—How much of a swindle do yon think was in it when the State paid $70 aa acre tor clear- ing and threw the timber in / Witness—Thiuk thore was about $50 of a swindle at least; $15 is a good price for good clearing; « man could clear all. the brash off my land in two days and L eunnot account for how Belden & Co, received $140 for the work, FREDERICK WEEKS’ EVIDENCE, {the cutting of timber they said if we eutthe vould be deducted from from his lands was poorly do: before the ay al; E wont say it Was in compliance with your Witness—No, sir; L would not. NILES’ STORY. vd that he owned twenty-two m& Co.; eight or nine acres © would have been a hadsome pratt of the land they did ut inte rails; acres ploughed by Bi were in timber; toc ear it for the clear at all; n had about tiv I Bolden & Co, it Linber from my land betore it was appraised muld give nO explanation for doing 8. JOUN A, DAVIS’ EVIDENCR. Jobn A. Davis testitied that he owned ten acres at tho foot of the lake and tive acres at the head,” ail covered by timber; the contractors did not clear it in a work. manner; L would have paid for the privilege of timber and have phe it a great dea lien & Co, $60 per y and wo OF MI, RIC testified that he had fifty ono eighteen were timber land; that ww land, drove logs upon it, and called it timber Lind; Mr. Sweet, the surveyor, they + would get’ paid just the samo it ous if it were timber dand. high; they told m wh to Oswego and Artemus Root had it timber land, for Jott stumps behind five and six wold it The State allowed for eb TRSTIMONY ¢ Mr. Steven Ric Jand was flov State allowed t ATKVEN KICK, “1 that thirty-five acres of his | © acres was timber (the nearly twenty-one); about ten or twelve acres was good meadow land; one of the fore. | MI. Price, | men told me that his gang of twelve men cleared six acres in balf a day, BYIDENCE OF EDWIN RICE. Mr. Edwin Rice testified that he had twenty-five acres of land flowed, twelve of which were timber; the State allowed for clearing twenty-feven acres; over half of that was a fraud; my neighbors offered to clear the land for one-half the timber; Belden & Co, sold about six thousand rails and received $70 per thousand; Mr. Bel- den told the men to cut the trees anywhere between the roots and limbs, STATEMENT OF M. R. DAVIS. M. E. Davis, of Whitehall, testified as regards the dredging done in Whitehall harbor, alleging that previous to 1874 the sum of $49,000 had been expended, and no real benelit was received; in 1874 un appropriation of . $10,000 was mado, by which all the obstructions were removed from the harbor and more real benefit acquired than from the $49,000 prev y expended, By Mr. Smith—How do you explain the difference in the benefit received ? Witness—The only way I can account for it is that I believe the parties in charge of the Engineer’s Depart- ment, under the tirst appropriation, were incompetent to pertorm their duties. By Mr. Stnith—I wish you would explain what you know relative to work onthe Champlain Canal, as re- ferred to by you in a speech delivered in the Assembly Jast winter ? Witness—I do not know that I can explain anything further than set forth in that speech; by examinations | of the quantity sheet and prices {t sutisties me that the | prices paid were very excossi anced bids, Adjourned to ten A. M. to-morrow, , growing out of unbal- VAN BRUNTED. A PHYSICIAN PROTECTS HIS HOME FROM MID- NIGHT ROBBERS—A BURGLAR PROBABLY FATALLY WOUNDED. Botweon one and two oPelock yesterday morning, Dr. William A, Hammond, ex-Surgeon Goneral of the United States Army, residing at No. 43 West Fifty- fourth street, was awakened by tho loud ringing of a burglar alarm bell, connected by wires with all the doors and windows of his house, Hastily arising, the Doctor seized a large fottr-barretled pistol and placed himself upon the defensive. From the window of his chamber, situated on the secondsfloor, he could discern the forms of three men making preparations to enter his office on the floor below, one of the windows of which was partially raised. The otlice is situated in the rear of the house while the Doctor's bedroom is in the front, at the corner, and commands a full view of the side windows of his office, Satisfed, beyond.a doubt, that the men were burglars, Dr. Hammond levelled his pistol and sent a bullet into their midst. A shriek Irom one of the burglars gave evidence that he had been hit, The Doc- tor saw one of the men stumble, His companions hastily picked him up and prepared to flee. Two more shots from the physician's pistol had followed the first before his whereabouts were discovered by the robbers, One of the burglars then exclauned, “That's your game, isi t, damn you!” and fired at the’ head of the Doctor. The ball just grazed his left temple, shghtly scraping the skin, and lodging in the wall behind, ‘Tho burglars then retreated in haste, carrying their wounded com- rade, Dr, Hammond sent the last bullet of his weapon in pursuit of THE RETREATING SCOUNDRELS, The entire aduir did not last more than half a min- ute, and, within two minutes of the firing of the first shot, two patrolinen of the Nineteenth precinct who had heardwhe shooting, were at Dr. Hammond's house, The burglars, however, had succeeded in making good their escape.’ An investigation revealed a handkerchief lymg in the yard, near the window, saturated with blood, which Dr. Hammond pronounced, on scrutiny, to be lung blood. It would therefore appear that at least one of tho midnight intruders had received a probably fatal wound, Blood was also found on the fence 1m the rear of the house, over which the burglars climbed in making their escape, Dr, Hammond does not think that he could identify any of the men, as the darkness prevented him getting a good view of them, He supposes that the burglars had planned the “job” beforehand, as his family were in the country and he had returned unexpectedly. Had they succeeded in getting into the house undetected they would probably have carried away a considerable quan- tity of silver. Tho police have as yot made no arreste. THE LUMBER YARD MURDER. On Sunday last the readers of the HERALD were con- founded with the details of a very strange and mys- terious murder. Joseph Langan was shot through the heart in ‘a lumber yard at the corner of Fifteenth street and Ninth avenue. Though the murder occurred in broad daylight, in a thickly inbab- ited neighborhood, the man who fired the fatal shot, after scaling a fence twenty feét high, made gyod his escape. Till yesterday noon neither his identity nor his whero- abouts were known, even to the best informed of the detective force. Since that time, however, the mur- derer has been discovered, and his name, as weil as the circumstances under which the shooting took place, will be made public to-day. AFE WORK. ote ap ; Tho following robberies were reported at police headquarters yesterday morning:— On Monday night, during the abscence of Mrs. Hess from her rooms at No. 162 Ninth avenue, sneak thieves entered her apartments by means of falso keys, They ransacked the apartments and escaped with jewelry and clothing valued at $249 50, and $45 in cash, Mr. Willam C, Emmett fell asleep on Monday night on his doorstep at No. 45 East Tenth street. When he awakened from his slumbers he found that he was minus a watch valued at $40. The door leading trom the hallway into the liquor store kept by John Burke, No. 328 Pearl street, was forced open by thieves at an early hour yesterday morning and $36 worth of wine and cigars was car- ried off A short time ago Lina Murray, residing at No. 215 East Twenty-third street, hired a young woman from a labor bureau to do housework. Yesterday the servant girldisappeared very suddenly, carrying with her a black silk skirt and overskirt, valued at $22, belonging to her ‘tress. Tho barber shop at No. 70 East Houston street, kept by Ferdinand Herbst, was robbed of razors and towels, valued at $80, yesterday morning. Tho room of Patrick Mullen, at No, 57 avenue D, was entered and robbed on Monday night of property valued at $2: On Monday night sneak thieves entered the tailor shop of Joseph Wood, at No, 150 First avenue, and stole four diagonal walking oats, valued at $120. The store ras entered by moans of forcing open a fanlight over the door, BROOKLYN ALDERMANIC SCANDAL. COX WAIVES EXAMINATION AND BAIL FOR HIS RELEASE IS FIXED, The case of John P. Cox, who, on the evening of August 18, attempted to assassinate Alderman Daniel O'Connell, of the Ninth ward, Brooklyn, came up for examination yesterday. THo alleged “provocation for the assault was that the Alderman had been guilty of improper familiarity with tho sister-in-law of the accused, a Miss Mary Mullen, The court room was crowded by politicians, who expected to be entertained bya | of details of an interesting and gossipy char- acter. They were doomed to disappointment, however. The defence waived examination and the prosecution did not press their right to introduce testimony, Inthe voluntary examination the prisoner said he lived at the corner of Van Buren street and Classon ive of Ireland, thirty-two years of age by trade, The phintiff, through his nnell on sight as soon as he obtained release trom jail He asked for a warrant to reartest the accused on this charge, The prisoner was required by the Court to furnish bail in the sum of $1,500, Tho trial will take place in the ¢ Judge Moore during the September term. THE HUNTER’S POINT FELONY. It was expected that the case of the murderous as- adult atid highway robbery on Borden avenuo, Long Island City, which occurred early on Senday morning, would come up for examination before Recorder Parks yesterday, but it was deferred in order to give the pol nuity to make further search for the prin fender, and in the hope that the wounded 1 entura Ortiz, might be able to appear and idenyfy four men already in custody on suspicion of beMg im- pheated in the affair, The counsel of these men, Messrs, Noble and Kingelman, propose this morning 10 sue out a writ of habeas corpus and go before the Court demanding their release, on the ground that there is no proof against them, and that they are being held contrary to law, time Ortiz remains in & precarious condition on board his vessel. HORSE THIEVES CAP’ fURED, Detective Sellick, of the Central Office, yesterday arrested Isaac Van Ostwyck and Samuel Voorhis, at the foot of Chambers street, on enspicion of having stolen from Jamos Price, of Haverstraw, a gray mare and a sorrel thoroughbre They bad sold tne animals toa men living on W Fortieth’ street for $50, The men will be taken to court this morn REVOLT. The Board of Fire Representatives of Long Island City at its meeting yesterday, at Hunter’s Point, passed resolutions, and ordered the same to be sent to the Common Couneil, notifying that body that if proper facilities be not furnished tothe Fire Department within from date the different companies will turn their apparatus’ tongues toward the walls within their houses and refuse to do further duty. The department has at present pot 100 feet of available hose, and somo insurance companies of New York haye sighilied their intention to withdraw their policies, then asked that Cox be bound over to keep the | = he had threatened to take the life of Alderman | —TRIPLE SHEET. eS a? bequeathed to her, and which is in San Frai SEQUEL TO A NEW YORK MURDER. phen Ge aly A WIFE DECLARED A WIDOW WHILE HER HUS- BAND IS LIVING—-EFFECT OF A SENTENCE OF IMPRISONMENT FOR LIFE ON THE MARRIAGE RELATION—-A CALIFORNIA ESTATE AWARDED TO A CLAIMANT UNDER REMARKABLE CIRCUM- STANCES. Oue of the most remarkable enses that has been be- fore an American court for many years was recently de- cided by Judge Myrick, of the San Francisco Probate Court. It possesses in a partial manner local New York interest, as it grew out of a tragedy that took place in this city nearly three years since, and excited at the time a profound sensation. The parties to it were James FE. King and Anthony F. O'Neil, the latter boing the victim, ‘The main cause of the sanguinary difficulty | grew out of troubles inthe King family, King trav- elled in California, the Sandwich Islands, England and the Continent, and was at one time wealthy and at another in reduced circumstances. He was born in New Jersey, and was at the time of the shooting (to be immediately referred to) thirty-five years old. He possessed considerable ability and busi- ness enterprise. Some ii 1s in his life while on tho Pacific side were not creditable to him, being of a violent nature, During his travels he met Miss Anna Stott, a daughter of William Stott, a Honolulu merchant, to whom, after a short acquaintance, he was married, con- trary to the protests of the lady's father, The latter, since deceased, soon after, in order to manifest his em- phatio disapproval of the union, made a will by which he bequeathed to Anna $500 only while she remained the wife of King; but in case she should become a widow, she was to receive the entire estate, or, if she died while her husband was living, then the property was to go to the testator’s brothers and sisters, A PATAL ACQUAINTANCE, King, while living subsequently with his wife and children at Turner's, Orange county, N. Y., became ac- quainted with O'Neil, a baggage master on the railroad, and between the two men a warm friendship sprang up. Meantime difficulties arose between King and his wife, ending in the latter leaving her husband and taking with her their children, In this proceeding she was aided by Mrs, O'Neil, but King insisted that the separation was caused by Mr. O'Neil, who he charged with haying had improper relations with the absconding woman. King an action for crim. con, against O'Neil, but discontinued, On a previous occasion King obtain ‘possession of his wife's baggage in dJorsey City, but O'Neil interfered and prevented him from accomplishing his purpose, At length Mrs. King sought in the courts of this State a divorce from her husband, and it was out of this proceeding that O'Neil Jost his life at the hands of King. THE TRAGEDY, The divorce case was referred to Josiah Suther- land (now City Judge) and on November 17, 1872, several witnesses, including O'Neil and his wife, were present at Judge Sutherland’s office in Pine street. White their examination was in progress King appeared in the chamber and remained apparently cool and collected to the close of the session; and alter the other parties left he quickly followed them down stairs, having first po- litely bowed to Judge Sutherland, The reports of three pistol shots were heard in a moment or two after. King had fired at O'Neil ax he was descending to the street. One of the balls had pierced his breast, causing imme- diate death; but before expiring he made an attempt to return tne fire, The homicide was committed in broad daylight and in presence of females, among whom was the wife of deceased, and there was'a very decided ex- pression of public indignation against the perpetrator. THE TRIAL AND CONVICTION. The trial took place iu March, 1874, in the Court of Oyer and Terminer, before Judge Brady, There was no aitempt made to deny the shooting, and tho testimony established the facts as stated. The defence was that the prisoner fully believed that O’Neil had seduced his wife and had enticed her and their children away from their home, thus utterly ruining his (King's) peace of mind. Boing obliged to sit for two hours listening to the destroyer of his domestic happiness reviling his charac- ter, in addition to the mental sufferings King had previ- ously undergone, sufficed to produce insanity, and while in this condition he committed a deed for which he could not be held legally responsible, The jury took a leni- ent view of the homicide and found the accused guilty of murder in the second degree, He was sentenced to imprisonment for life in Sing Sing Prison, where: he still remains. THE INTERITANCE, A remarkable part of the case now comes up to pub- lic view. Mrs. King, though not divorced, and while her husband is living, claimed to be a widow under the terms of her father’s will, and entitled to the estate He She accordingly presented her demand to the courts in Cal- ifornia, She based her petition,on a statute of New York, which contains a provision that ‘a person sen- tenced to a State prison for life shall thereafter bo civilly dead; and by the law of this State it is not Wigamy tor a wife to marry again after her husband has been sentenced to State Prison for hfe, nor does a par- don restore him to his marital rights, THE DECISION, The case has been before the San Francisco courts for several months, and Judge Myrick very ro- cently rendered a decision in favor of Mra, King. questions, he said, were presented. First—What is the present status of Mrs, King and King in New York? : Second—Do they respectively occupy the same status here? Judge Myrick proceeded to say :—Evidently she is not his wile; buf is she a widow? Has the contingency ar- rived which the testator intended? Nearly all the dis- tingflished English lexicographers define a widow to be ® woman whose husband is dead. The words from which (his word 1s derived are:—Viduo, bereft, de- prived of; vidua, a woman boreft of her husband; he is dead to her; he is dead to the State; he has no civil rights; he ‘can make no contract; he cannot sue or be sued; he cannot inherit property; if he has children he has fost liis guardianship over them and they owe no duty to him. Under such circumstances it would be doing no violence to the testator’s intention to say that 814; IS IN EVERY SENSE A WIDOW, She being, then, a widow in New York, the place of he to be regarded in California as a widow? “The Contlict of Laws,” says that the personal capacity or incapacity attached’ to. a party by the law of the place of his domicile is deemed to exist in every other country, even in relation to transactions 1m foreign lands, A qualification to the rule is that the incapacity shonid not be inconsistent with the policy of the country where it is invoked. So far from the prin- ciple that King is civilly dead is contrary to the policy of the Jaw in California, there is a similar statute in the State applying to similar sentences, “In my opinion,’? said the Judge in conclusion, “Mrs. King is entitled, un- der the will, to have distribution to her of the estate,’’ Mrs, King will receive abont $10,000, and it is thought probable that she will use this money to secure, if possi- ble, a new trial for her husband. King, it is said, firmly velleves that if he was granted a now trial he would be liberated. Two THE NOE CASE. AN IMPORTANT ARREST——MR. NOE'S CONDITION UNCHANGED. An important arrest in the Greenwich street burglary case was mado late on Monday night by Detectives Reilly and Von Gerichten, in the person ot one Jack, Corbett, a well known criminal, who has recently served out aterm of years at Sing Sing. It appears that De- tective Reilly bas had his eye on the man ever since his release from prison, and, as soon as he obtained a de- scription of the assailant of Mr. Noe, seeing that it agreed with Corbett's, he instituted a search for him, which resulted in Corbett’s arrest ina low saloon on the corner of Amity street and South Fifth avenue, Corbett denied his guilt, but gave himself up pacifically and accompanied the detectives to Police Headquarters, Yesterday morning he was taken to the Chambers Street Hospital, where Mr. Noe is confined, but was returned to his cell, as the | sick man was delirious, and completely unable to iden- tify any one. In order to test Mr. Noo’s delirium Dr Kelsey caught hold of one of his assistants and asked the invalid, ‘Is this the man who attacked you, Mr. Nod?’ and Mr, Noe responded, Yes, yes.” The proof that Corbett has been doing something from which he hoped to eseape detection is that when arrested he was found to ‘ut off, in a rough manner, the red side whiskers which he had been im the habit of wearing. When he was trken to the hospital, Mrs. Noe, upon seeing him, stated that she thought that his appear- ance coincided exactly with the description given by her husband of the burglar. Inspector Thorne thinks that Corbett is the guilty man, Yesterday afternoon Michael Walsh and John Moore, the men who are suspected of complicity in the bur- glary, wero arraigned before Justice Otierbourg at the Tombs Police Court, but, owing to want of suflicient evidence to identify Walsh, he was discharged, Two silver watches, a pawn ticket for some linen articles and <about $26 in money were found upon his person. Moore was identified by two women as aman whom they had seen prowling about the premises of Mr, Noo on two or three nights previous to the burglary, and on acconnt of this fact, and his bad character generally, he was re- manded to the Sixth Precinct police station, His ex- amination,will take place to-day, Mr, Noe's condition last evening was the same as It had been for the past twenty-four hours, one of uncon- sciousness and delirium. He is situated as comfortably as possible under the circumstances, having an entire ward to himself and beng surrounded by his family. The physician in charge informed a HERALD reporter last evening that the vietim's chances for life and death were about equal, He could not say whether Mr. Noe would recover or not, but there was bo immediate prob- ability of his dying suddenly, A MYSTERY SOLVED. Deputy Coroner Dr. Cushman made a post-mortem examination yesterday of the body of the yourfy man Frank MeGley, who claimed to have been hit with a shovel, and who died at tho Chambers street hospital ‘on Monday afternoon, The doctor found death to have resulted from hemorrhage of the lungs and froma very badly diseased condition of the kidneys, NEW YORK CITY. Two hundred barrels of the new crop of Louisiana rice arrived here by the steamer Cortes yesterday. Mad dogs were shot by the police yesterday at No. 81 Washington street and at 167th street and Washington avenue. The investigation to discover what was the cause of the recent collision in the Bay between the steamers Northfield and Twilight will be begun to-day. ‘Wlans for twenty-five new buildings were submitted to and approved by the Department of Buildings last week, The cost of the new edifices is to aggregate $273,600, Enormous quantities of peaches have arrived in this city within the last few days, Yesterday 104 car loads reached here, The fruit is ipteedh cymy | and sells from 50 cents to $1.a basket, and from $1 to $4 per crate, As Charles Judge, aged six years, living at No. 319 West Seventeenth street, jumped on the steps ofan ico cart yesterday morning he was accidentally struck io the eye by the point of a pair of ice tongs, His w is considered serious. William Gorman, a youth twelve years ofage, was rnn over and irightfally mutilated yesterday by Engine No. 41, of the Hudson River Railroad, near Fifeth street and Bleventh avenue, The boy was en to jump from the tender to the engine, BROOKLYN. Tho second ptenic of the season tn ald of the Romas Catholic orphan asylums will bo held at Myrtle Avenue Park to-day. General Dakin, of the rifle team, will be present. A large quantity of nickel, which had been secreted by the Lougherys, the counterfeiters, in a house ou Lexington avenue, was discovered by the police yester- day and handed over to the Property Clerk. ‘Tho people resident of “Dutch town,” the Sixteenth word, E. D., aro greatly exercised because. of the rapid progress of smallpox in their midst, Several new cases of the dread disease were reported yesterday to the Health Board. Yesterday Justice Walsh committeed two watchmen, named James Groves and John Coochman, to await ex- amination on a charge of being concerned in the recent robbery of grain from two canal boats lying at the foot of Pacific street. Matthew Stone, a ‘longshoreman employed at Wood ruff & Robinson's stores, at the foot of Joralemon street, fell through a hatch in the warehouse and was, it is feared, fatally injured, He was taken to his home, No, 441 Warren street, Captain Worth arrested Charles Golden, a driver in the employ of the Washington Ice Company, on suspicion of being concerned in the recent burglary at'the office of the company. There was no proof against him, and he ‘was therefore discharged. The South Fourth street and Bushwick Railroad Com- pany is making an extension of its line from the ‘Tenth and Twenty-third street ferries to Prospect Park. The line will take in Union place, Van Cott and Graham avenues, Meserole street, Bushwick and Myrtle avenues, There was a meeting at the Court House yesterday of the State Board of Assessors and members of the Board of Supervisors and Assessors. The subject dis- cussed was tho valuation of property of Kings county jn comparison with that of other counties in the State, Mary Elizabeth Rankin, a negress, aged 116 years, died at No. 60 Ralph avenue, on Saturday night. De- ceased was born in Astoria, L. I, in 1759. Her husband died twenty-five years ago, and’ her relatives brought the old lady to Brooklyn, where she has since re- sided. Richard Todd, residing at No, 138 Baltic street, stabbed James Madden, proprietor of a liquor store con ner of Wyckoff and Hoyt streets, during a quarrel. The wound, which was inflicted with a penknife in tho side of Madden’s head, is severe, Justice Walsh committed Todd to answer. An examination took place before Justice Eames yes terday in the case of John Abendroth, who set fire te the tenement No. 92 Bushwick avenuo, on Saturday morning last. The hearing resulted in the committal of the prisoner to await the action of the Grand Jury, The accused pleaded not guilty. : Rudolph and Charles Schults, father and son, quar- relled at their residence, No. 72 Johnson avenue, om Monday night last, when both men received serious in- juries about the head. The implements used in the fight were glasses. Mrs. Eliza Schults was injured about the face while endeavoring to make peace between the desperate relatives, The two men were arrested and aro held to await examination. LONG ISLAND. The parents of Miss Oakes, ot Babylon, who died om Saturday last from the effects of ether administered te her by Dr. V. Smith, of Patchogue, have instituted a suit of $10,000 for damages. William Connors has been missing from Huntingtow since last Thursday. His disappearanco is attributed ta foul play. He had received $150 from his employer the night of his disappearance, Mr. James Gallagher, of Fourteenth street, in this city, while walking through Jackson avenue, Hunter's Point, yesterday morning, was accosted by a man, who re- quested to know the time. While Mr. Gallagher was consulting his watch three men jumped from the road- side, and, knocking him down, attempted to rob him His cries for help frightened his assailants, NEW JERSEY. The Soldiers’ Monument Association of Hudsom county have elected Judge Hoffman president, and G, D. Van Reipen treasurer. The census returns from Essex county show a popu. lation of 1,229 in Livingston, 1,556 in Franklin, and 8,060 in Montelatr//awnships Oscar Duber,/’ ' Guttenberg, while chopping wood with an axe, w struck in the eye with a splinter and came within atuce of losing the organ, Tho Friendly Sons of Ireland of Jersey City went on thoir annual excursion yesterday, accompanied by a large number of friends, to Oriental Grove. At the meeting of the Board of Public Works in Jersey City yesterday a communication was received from the Board of Finance limiting the appropriation for the ensuing year to $104,000. . The valuation of the real and personal property of the public schools of Jersey City is as follows:—Lots and buildings, $651,800; books and stationery, $20,263 28; furniture, $44,300 68; total, $716,363 91.” ”~ i Denis Murphy, the boy who was shot in the neck while passing up First streot, Jersey City, on Monday morning, has been pronounced out of danger, He still refuses to disclose the name of the man who shot him, Messrs, Hall and Henry, the alleged diamond smug glers, now in the Hudson County Jail, beimg unablo t@ furnish bail, a motion will be made by their counsel to morrow for their discharge from custody or a reduction of their bail. The firm of Matifiessen & Wiechers, of Jersey City, have resolved to appealed from the decision of Chancel- lor Runyon, affirming the right of the city to extend Washington street across the Morris Canal basin to the” Central Railroad. ‘The NeW Jersey State Teachers’ Association met yea terday at Trenton, There was a full attendance anda lively interest evinced in educational matters. The Governor and Trustees of the School Fund also held a meeting yesterday, Poormaster Schmidt and Justice Kephart, of Union Hill, were appealed to yesterday for assistance by John Miller and his little boy, who ‘were flung into the street by Mrs, Miller. ‘The woman alleged the husband's fail- ure to find employment to be the incentive to her cruelty. A fire broke out in Trenton yesterday afternoon in the factory of Hutchinson & Brother. The fire origt- nated in the cellar among the gearing, and but for the rompt appearance of the firemen the building would fare deen entirely consumed, As it was the loss is less than $1,000, « Tho new railway from New York to Philadelphia via Bound Brook will be opened by the Ist of March, 1876, At Bound Brook this road forms a junction with the It also connects with the North- ern Pennsylvania Railroad exghtcen miles from Phila delphia. The grading of the road hag been finished along the entire line, and nearly all the bridges have been completed. This road will be shorter by several miles than the Pennsylvania Railroad lino, A FIENDISH OUTRAGE. Matthew Maher, of Sussex street, Jersey City, wag arrested yesterday, and committed for trial by Justice Horsley, on the charge of attempting to perpetrate a diabolical outrage on his daughter, who is only eight years old, The complaint was by his wife, who chorged that on the second of July Maher beat tho child severely for resisting him. hen his wife up- braided him and threatened to have him punished, he fled from the city and eniled for London. He returned on Monday, and his wife immediately procured a war- rant for his arrest, He eluded the officers of the law, however, till Captain MeHorney, of the first precinct, learning that he was in Greenpoint, proceeded thither, captured’ him, and carried him to Servos onty, whert he was lodged in the county jail, His wife and chilé now reside in Greenpoint, A DETECTIVES BAD MEMORY. A numtir of the eighteon saloon keepers in tho tows of Westtlold, 8, 1., who were recently arrested for vio lating the Excise law by selling liquor on Sunday, have aes tae Ghee as they oa pagghee tl agg og be 4 fled @ detective emplo; “t persons who sold hin Lover in their places of businemie