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

me i certeen me “THE COURTS. MOur Boys"—Lester Wallack * and Augustin Daly. ‘WHAT THEY ARE GOING TO DO ABOUT IT. ffthe Rose Michel Love Feast— No Decision. WAWYERS VS. ACTORS. ‘The Courts and the Stage—Open- ing Season. Lester Wallack ye. Augustin Daly.—The plainti(? fedtiplains in the Supreme Court that in the inter of 1875 Henry J. Byron wrote a com. = which he entitled “Our Boys,’ and which was ly produced for representation at the Vaudeville re in the city of London, England, where it is still ing performed. But it never has been published and exists in manuscript form under the protection of rights and as the property of the author, and never been performed in New York; that on the day of August, A, D, 1875, Henry J. Byron, afore. by Thomas H. Freneh, his duly authorized attor- and agent, sold to plaintiff the sole and exclusive yht to representation and performance in said city of comedy, and in consideration thereof this defon- t paid the sum of $500 te said Henry J. Byron, hrough his attorney; that plaintiff is the proprietor manager of a theatre in said city, and immodiately the sale and purchase aforesaid commenced to se and is now preparing to duly represent and form said comedy, and has already incurred ex- and disbursements thereabouts, and intends to his dramatic season with it on or about the last Wwreek in September, A. D. 1875, at bis said theatre, of ‘which {utention, on the 4th day of September, of said , he made public announcement; that the defen- t is also proprietor and manager of a theatee in this ity known as “‘the Fifth Avenue Theatr,” and as this itt is credibly informed and verily believes and now es threatens to and {s preparing to perform: jalmost immediately, at the said Fifth Avenue Theatre’ e same comedy of ‘Our Boys,” heretofore described ; t the principal value to a manager of a theatre of a medy which has never been produced in the city ‘whercin his said theatre is situated consists, by the his- ry and usage of dramatic property, in its wana Nine that the sole value of the exelusive right to pro® luce a comedy which may be purchased consists in ereby being enabled to prevent anpther manager or re in the same city fromalso representing or per- forming it and co dulling {ts novelty, and by diminishing @ profits of the theatre whose manager owns such ex- lusive right, and this plaintiff alleges that such values ribed as aforesaid now appertain to his purchase foresaid of the right to the periormanes of the comedy “Our Boys,” aud that at the time of said purchase such ribed Values solely constituted the object of and the jons for such purchase by plaintiff. Pla ntiff, under ithe ayerments aforesaid, complains that the acts of presentation of said comedy by the defendant, threat- and contemplated by him as aforesaid, are in vio. tion of plaintiff's rights in the premises aforesaid, are imminent acts and will occasion irreparable isch'ef to this plaintilf, and are acts so damaging to ia theatre and its opening of season that he has no Prat remedy at law should they be permitted and mitted, Wherefore the plaintiff demands as his relief by rea- mn of the premises aforesaid that, by the judgment of is Court, be be declared entitled against the de- foudant to ihe sole and exclusive right to the dramatic presentation and performance in the city of New ‘ork of the said comedy of “Our Boys,” and that the efeudant by judgment be restrained from any session in said city of a manuscript copy of said medy, and from any use thereof in said ‘ity, and from any representation or performance jatthe Fifth Avenue Theatre of said comedy or any a or portions of the dialogue, scenes, incidents and iness thereof, and that the plaintiff recover by Judg- ent $1,000 damages against the defendant, 4 “OUR BOYS"? DISPOSED OF. ¢ This memorandum shows that I have disposed of the ht of performance of H. J. Byron’s comedy “Our * in the city of New York, solely and oxclusively Mr. Lester Wallack, in consideration of my receiving of thirty dollars, and $15 for each representation at Wallack's Theatre. ‘And 1 further agreeto aid in legally protecting Mr. @aliack in his exclusive pomsenion of said property. HENRY FRENCH. + Received, New York, es 24, 1875, from Lester Wralluck the eum of tive hundred dollars ‘on account of Boyalty for performances of Byron's comedy of “Our ys, to be given at Wallack’s Theatre. T. HENRY FRENCH. TEMPORARY INJUNCTION. ‘pon the complaint and the affidavits of Lester Wal- 4 am R. Floyd let the defendant, Augustin stice of this Court at thereon ou Tuesday, September 44, at eleven A. M., why an injunetion shonld not’ issue re- ng him from publicly performing or representing icly using in the city of New York a comed: ‘Our Boys,”’ composed and written by proms f ¥ part or portion thereof, or under amy title whatsoever and for such other or further relief as ay be just. And it is further ordered that said de. coven hi: Ss aud servants, be in the meantime trained e hereby forbi tome orp Fit or pic ids ae precdhta- ion, or w comedy until fur or oe } Court CHARLES DONOHUE, Judge Supreme Court, THE “ROSE MICHEL” LOVE FEAST. Pursuant to adjournment the argument upon the forder to show cause why the temporary injunction kostraining Mr, Daly, of the Fifth Avenue Theatre, from producing the drama “Rose Michel,” and Messrs. mmonds & Wali, dramatic agents, from parting with he same, was held yesterday before Judge Curtis, hold Mug Superior Court, Chambers. The interest in the case And importance of the questions of law involved drew ogether quite a large assembalge, including many Bheatrical people, The plamtiffs asking for the injune tion were represented by Messrs. Abram J. Dittenboefer find Charles W. Brooks; Mr. Daly by Mr, W. 0, Booth fud Messrs, Simmonds & Wall by Mr. W. © counsel asking an injunction in of the drama “Around the World in Bighty y Dittenhoefer asked him which case he Jwould like to argue fi } Mr, Booth said he would argue the “Rose Michel’ fase first, and at once entered on an elaborate argument Why, in his opinion, the injunction should i He insisted that the right of an author and for his legal representatives, or, in other words, the Fight of the literary proprietor of any unpublished ramatic composition has been too often and too fully atablished by the courts of this State and of the United tatos to require the citation of any authoritie He in- ated fifrther that the right of the plaintiffs must be lear, and that if it be controverted by the defendant d all the equities of the bill are positively denied by Bei answer and affidavits an injunction will not iseuée, iAs Mr. Boo: wit the case must stand for final hearing; that the right {the plaintiffs must be free from any rational doubt, sin that if it is questionable an injunction cannot issue’ at if the issuing of tho injunction will work irrepar io injury to the defendant—so that tho inconyen- | ge of the plaintiff and defendant are balan ho Court will not adjudicate upon mero affida ita, but will leave the parties to final hear. ing. That the application of these principies | prevents the issuing of an injunction in this case; that | he morits of this case as disclosed by the motion | ers, are wholly with the defendant Daly and the at. mpt of the plaimtiffs to interfere with the defendant's usiness audacious and vindictive, That the rights of r. Daly are complete at law; that the right of property in this translation was absolute and complete in Mr. Daly ; that he could make any use of it, within his terri- Bory of which it was capable, either in whole or in , except perhaps, publishing for sale in print; that ight alter or a adapt or modify to suit his jeasure; that he owned the plece in its entirety for ramatic purpozes—title, plot, scenes, Incidents, situa- ions, personations and dialogue; that his client had xetcised this right; that he has taken the skeleton of ig purchased property, and, with his well known Bkill, experience and knowledge of tho art, bas built mitanew drama suitable for representation, con- ining new incidents and situations, new cast of char- Roters, and a wholly new dialogue portraying the man- mers of atime a hundted years and that this Antellectual product of the defendant, although upon same theme and arousing in its ‘action the same thies and emotions, is an indepondent literary Jock, which the Court would not enjoin, even if he had purchased the translation from Bayliss; that all vives the work identity and value to him is of his creation; that the plaintiffs seek by injunction to went his use of bis own property and to close his tre and ruin his business under a claim of title ferior to bie; that this injunction has already md js still working, a constantly increasing jury to bis business interests; that its further con- would be oppressive and unjust, and that the injineion should be dissolved at once. Dittenhoefer followed in response on the motion PR cnr veo Ha ay Ho insisted that there 18 (po question of t involved In this case; that the mgt a ip gael either in England States; no such defence ts sei up; 4 v ihe bey which Panis yh plaintiff here socks to enforce, for tho yindigation of which he myokos the aid a ____NBW_YORK HERALD, SATURDAY, SEPTEMBER 11, 1875-WITH SUPPUMMENT, YORK HERALD, SATURDAY, SEPTEMBER 11, 1875. the Conrt, ts the common law rigs autho’ sot his legal representatives: Any! jo emma pt iter. -y productions before and until pubbeat Haut is wholly distinct from the ey copyright or it conferred by statute to the di tion of ei alter pos es Ben that it ts the + anterior to and independent of the statute. He urged, further, that Mterary property, by which is meant the ri he an author to the exclusive use and enjoymont aoe ductions of his mental fuculties when Tinbodied b by in a connection of words and sentences—the deg ideas and sentiments of the brain when expressed in a consecutive arrangement of words—bas been held an- ‘stioned, and that until some intentional or unequiy- act of hia shall have vested in another some adverse right the author's property in his work remains perpetual. He next proceeded to consider the question of publication. Publication, he contended, is a dedication to the public—a printed collocation of words is essential to it. It implies, ex ri termini, that there bas been on the part of the author a voluntary dedication or abandonment to the public of that which was before his sole and exclusive prop- erty and right; that by it be not oply does not intend to inaimtain or retain his rights, but voluntarily aban- dons them, The public dramatic performance ofa manu- script drama on the stage by the author or his assignee, for his or their own profit, is not a publication. It is the use of property by its owner, not an abandonment of right. If it be property the right to use it must exist. He next took up the point of memorizing the drama, and insisted that no such presumptionarose, He also showod that it is in evidence in this case that it is the country of the author, to y of manuscript or even to take stenographic notes from the performance. of the same on the stage without the consent of the author, The plaintiffs, he further contended, seek to be protected against un invasion of their prop- erty against an infringement, which will almost destroy the value of their manuscript, and to be sup- ported in their rights thereto at common law, and be- cause it 1s but common right." Alions and citizens are alike before the law in the right of copy before publica- tion, The policy of our country has ever been to extend liberty and equality before the law to all man- kind. ros Tepriusoe nullo miki discrimine agetue, and to vindicate th rights of property in every court, ir- respective of race, station or citizenship. In con- clusion he said that the plaintiffs’ right, upon the determination of which by this Court must stand or fall the right of every author in his literary production, has been sustained by some of the ablest jurists of modern times, and a great number of such decisions wero cited. Mr, Smith followed the same line of argument as Mr, Booth as also did Mr. Thomas W. Clark, and Mr. Brooks, in a lengthy speech succeeding them, enlarged the points of Mr. Dittenhoefer. Judge Curtis took the papers, would render a speedy deciston. decision. ACTION Shattuck vs. MeGrath.—In January of last year the parties to this action entered into a copartnership, and, according to the testimony of the plaintiff (the defend- ant being in defwult), he raised funds to the amount of $97,000, which he placed in defendant's hands for the purposes of the business. Subsequently ascertaining, however, that the funds were being diverted to other purposes h remonstrated and asked for a settlement, whereupon McGrath threatened him wth an iron ba saying, “I have got the stamps, and you clear out.” Plaintiff, however, still iusisting upon his rights, the de- tendant commenced an action yaaa him, and under an attachment threw him into Ludlow Street Jail, where he remained sixty-two days. "Mr. Shattuck says that in consequence of the imprisonment he suffered greatly in body and mind, and almost lost his eye-sight. He brings this actiou to recover damages. “The case was tried in the Marine Court before Judge Gross. The jury rendered a verdict in favor of the plaintiff to the extent of the juri-diction of the Court—$2,000, DECISIONS. SUPREME COURT—CHAMBERS, By Judge Brady. Crowell vs. Guion.—Motion denied. ‘Schmitt vs. Schliver,—G@ranted. foe va. The Boardof Revision.—Serve motion of settlement for Momday next, at ten A. M. Reilly vs. Otterwelk—Motion denied, with $10 costs of opposing, with liberty to renew if the defendant Otterwell shall be so advised, on payment of $10 costs of opposing, as aforesaid, _ SUPERIOR COURT—SPECIAL TERM. By Judge Curtis. Jackson vs, Leonard et al,—Order signed. * Walker vs. Fayette.—Motion for the appointment. of receiver granted. Opinion. Dentz yg. Bochin et al.—Reference ordered” coll: OF COMMON PLEAS—CHAMBERS, By Chief Justice Daly, etitia King vs. George 3. laintift, King.—Divorce granted SUMMARY OF LAW CASES. The Society for the Reformation of Juvenile Delin- quents obtained from Judge Brady, in Supreme Court, Chambers, yesterday four injunctions against theatri- cal performances, until the fees are paid:—One against Mylius and others, old Chatham Street Theatre; one against John H. Casey, of Sixth avenue; one against Otto Abrendt, of the Concordia Assémbly Rooms, in Avenue D; and one against William Chester, of Dieker's Union Garden, West Thirtieth street. The following minute was entered on the records of unlawful in Franet print or publish a pi intimating that he » the Supremo Court, Chambers, yesterday by order of | Judge Brady, presiding “The Court, in recognition of the exalted chi tor of the late Justice Woodruff, both asa man and a jurist, and out of respect to bis memory, directs an adjourn: ment until to-morrow morning at ton A. M. Antonio Cordono, one of the Italians arrested at the Grand Central dopot last Monday, charged with having counterfeit money in his possession with intent to pass the same, was committed by United States Com- missioner Osborn to-day to await the action of the United States Grand Jury. Auguste Jean Maria Berthece, Guilliaume G. Bucaisse and Jules Huneire, the sailors of the crew of tho French brig Pandita, charged with mutiny on the v from Colombo, were brought before United States Commis. sioner Osborn yesterday aud held to await the acticn of the French Consul, COURT OF GENERAL Before Recorder Hackett, SENTENCES. Thomas Clancy, a young man, pleaded guilty to rob- bery in the first degree. The complainant, Andrew on, stated that while he was walking through Bat- Park on the night of the 24th of last month he was seized by the prisoner, who forcibly abstracted $10 from his pocket. ‘ Henry Lang, who was indicted for burglary in the first degree, pleaded guilty to the second grade of that crime, Zist of August he effected an entrance into the his brother inlaw, Frederick Mullich, and worth of jewelry, ang were cach sent to the State Prison hard labor. Patrice by. anil and Patrick Kenny, youths, who were charged with assaulting Joseph [lingsworth on the 16th | of August, atthe Hariom River, and stealing $1) from his person, pleaded guilty to an attempt at robbery in tho first degree, They were sentenced tothe State Prison for the period of five years, Joseph Flynn, who, on the 20th of last month, siole $25 in me from George Matech, at the corner of West and Barclay streets, was sent to the State Prison Broadway, have been missing goods from their establish- mont, and were unable to discover the thief, Yesterday morning Mr. Beers, ove of the firm, came to the store ata little after six o'clock, As he opened the door he noticed the steam elevator moving slowly downward. Immediately suspecting there was a thief on the prem- ises he went back into the street, and meeting an officer called him in, The result of the officer's search was his Qnding Thomas L, Reed. hid away behind a box of goods on the second floor. He = ® quantity of miscellaneous stuff ‘ked ~ ready tbe. taken away. Reed w peal and taken to the station house, He wae an order clerk with Calhoun, Robinson & Co., had been in their employ since Febraary last, was seventeen years of age and a native of New Brunswick, Detective Dorey visited his lodging, at No. 8% Varick street, yesterday forenoon and there found stowed away in three or four valises a large quantity of jewelry, indi er goods, linen collars, neckties, combs, monoy , all of the value of which Were identified by ey firm as their property, © prisoner was taken to Court, where he seemed very penitent and said it was another boy who “put him up’ to commit the larcenies. Tusticn Morgan held him in $1,000 to answer. WASHINGTON PLACE POLICE COURT. Before Judge Wandell. BLOCKING THE BAILROAD GAME. About eleven o’clock on Thursday night officers Von Gerichten and La Rue, of the Central Office, arrested two men on a Third avenue car, near Fourteenth strect. They were standing on the rear platform when arrested, and from observation the detectives became convinced that they were attempting to rob some parties on the car atthe time. When brought to police headquarters they gave their names as Robert Browne and Edward Ryau, They are both well known to the police as ic ‘kets. The prisoners were brought belore Jus- tice Wandell, at the Washington Place Police Court, and remanded for further evidence, SUIT BY A RAILROAD WIDOW. Mrs. Hibbard, wife of Conductor Hibbard, who was killed at the Rockaway collision on the Sth of July, has instituted a suit against the Southern Railroad for the death of her husband, and also to recover his wages, which the company refusod to pay, laying hor damages at $5,000, Sho administered before the Surrogate of Quoous county on Wednesday last, BUSINESS FAILURES, Tho most important failure of the week is that of ae FOR FALSE ALSE IMPRISONMENT. George Burgess & Co., of No. 185 Duane street, ‘linon importers, whgse suspension created a very general surprise in the trade, Their liabilities are about $250,000, altogethor in Dandee and Belfast, The house has been established about thirty years, The disaster is supposed to be caused by over-ndvances to @ corre. spondent who failed on the other side, a largo shrink- age in values and the general dulnoss of trade, The failure of Mallory & Butterfleld, dealers in straw boards, which has already been noticed, is ascer- tained to have been caused by over-advances to manu- facturers and the impossibility of selling their stock as fast as their engagements matured. Thia, with invest- ment in some outside speculations, locked up their means and caused their trouble, It is understood that W. A. Perry & Co., of Newark, N.J., and Sprague & Co., of Cincinnati, met their creditors last week at the St. Nicholas Hotel, in this city, and asked merely for an extension of time, which will probably be granted. Mr, Nathaniel Perry, one of the partners, and Mayor of Newark, shows a large surplus, mainly in real estate. Campbell & Cassels, of Toronto, Canada, whose failure was precipitated By that of Duncan, Sherman & Co., have Kiradeea with their creditors to accept thifty cents on the dollar out of their own estate and the thirty-three and one-half cents offered by Duncan, SRerman & Co. The creditors of the Toronto firm express themselves greatly gratified with the promp} and satisfactory manner in which the members of that Grm met the difficulties arising out of their failure. * THE ROBBERY BULLETIN. The following robberies were yesterday reported at the" ‘Central, Office: — a Thieves yole apartments of Mrs. Bushnell, at No. 302 Bast’ street, clothing and jowelry to the value ot The rooms iis Smith, on the second floor of No. 369 Wost Fifty-first street, were pilfered of some articles of jewelry valued at $40. Thomas Whitney, of No. 170 Elm street, was victim- ized by thieves, who entered nis room and stole se’ eral articles of ‘clothing and a quantity of jewelry. NEW YORK CITY. Coroner Croker has set down tho inquest in the Noe case for next Wednesday. Officer O'Leary, of the Tenth precinct, shot and killed a mad dog yesterday morning at No. 206 Broome street, At an early hour yesterday morning a fire broke ont in | the cellar of the four story brick tencment house No, 46 avenue C. The first door was occupied by Charles Storky, as a confectionary store. His loss is tritting. The damage to the second floor, occupied by Henry Schiffman, as a cigar store, was $1,000, Mach complaint is made that travel on “West street, | near pier No. 36, is impeded by casks of chemicals, which are piled up far into the roadway. The leakages from the casks renders the nuisance a dangerous one, and horses have been injured by stepping init. It {3 said the owners of the goods use the street for storing till they can dispose of them. BROOKLYN. William Whitehead, of No, 1,690 Fulton strest, at- tempted to cut his throat with a razor on Wednesday night, He was arrested and locked up. ‘The Board of City Works held a mocting yesterday and decided upon retrenchment. On Monday next a large number of men will be discharged, Henry Brendel was arrested yesterday by the Con- stable of Brookhaven, on a charge of stealing a sailboat, worth $350, from a resident of that place, There were 298 deaths in Brookiyn during the past week, being an increaso of 14 ag compared with the preceding week. There wore 6 deaths from smallpox, Justice Morse yesterday held William C, Watson on a charge of forging the namo of Mr. Stephens, of Clinton | avenue, toa number of checks, The prisoner was ar- | rested in Tioga county, New York. An Italian named Bernard Movarioty was sent to jail for gfand larceny on Wednesday, and on Thursday night get fire to the padded ce in which he was confined, The fire was discovered and the design of the culprit to escape was frustrated, NEW JERSEY. + A pedler named Henry Stroker was thrown out of a for four rs, Thomas Wallace also pleaded guilty to stealing $45 | from Michael Moriarty on the Sth inat., at a steamboat | landing. He obtained possession of the money by | giving him in exchange He was sen: | tenced to the State Pr Bernard Patscher pleaded guilty to an indictment charging him with stealing aorse valued at $109, on the 17th of August, owned by Edward McElmeel, a resi- | dent of Mount Vernon. It was recovered in this city. The punishment inflicted was three years and 6ix | months’ imprisonment in th 3 Franc Taylor plead ling lottery volicies at an office in Wal e 25h of August. fined him $50. | in Downs, who cut Officer George F. Wa Fourteenth precinct, on the 4th of April, in ‘the hoad with a knife, pleaded guilty to an assault with in the tent to do bodily harm Henry A. Thompson pleaded guilty to stealing, on the goth ot April, @ trunk containing wearing apparel, | owned by Jane Gillen, and vained by her at $106 These prisoners were each sent to the State Prison for two years, ROBBERY. George Walsh, who was jointly indicted with Michael Eagan, was triedon an indictment charging him with robbing Marcus 8, Abrahams of a watch worth $40 on | the 13th of July, as he was passing through Monroe | | street, The jury rendet rdict of guilty, with a } recommondation to mercy. His Honor sentenced the prisoner to the State Prison for seven years, COURT OF SPECIAL Before SESSIONS, | Justices Morgan, Bixby and Datty MISCELLANEOUS CASES, Tho following cases were disposed of yesterday in the | above Court:— John Hogan, of No. 34 East Fort sented by Mr. Bergh as a man of w of cruelty to animals in baving ca fifth stroet: repre- h, was convicted sed to be worked with a heavy truck a poor, Worn out, emaciated old | horse, and was fined $150, Fine paid. John Pray was fined $60 for cruelly whipping ana | kicking a horse and neglecting to provide bim shoes, Richard Androw and Amelia Andrew, man and mie. tress, wero fined $60 each for keeping a disorderly house in Wooster street, Charles Doll, living in Second street, with On a similar complaint got three monthe in the Penitentiary and was | fined $100. Leopold Levi waa fined $50 for ranning a steam en gine, at No, 237 West Forticth streot, without a license enginoor, Fraw Beekman, of No. 120 Delancey atreet, fined $60 for adulterating milk with water, TOMBS POLICE COURT. Before Justice Morgan. A CLERK'S WHOLESALE ROBBERY, For some months past Messrs. Calhoun, Robinson & Qo. fancy goods importers, ding business at No, 40 was | heavily to the ground and wa | extent. | wagon on the Bull’s Ferry road on Thursday evening. His shoulder was dislocated and he received internal in- juries. Miss Howard, residing in the vicinity of Union Hull, while swinging in a scup on Thursday evening, fell jured to a dangerous The fall was caus the breaking of a rope. A besotted youth named Henry Weiser went to his home in Liberty etreet, Union Hill, intoxicated, on Thursday night, and, after abusing his enfeebled father, bogan beating him with acinb, A few neighbors put a speedy end to his performance and Constable Reinhardt ed him to prison. hen the captive was ar- 1 yesterday his heart-broken parent refused to a charge against him, and the result was his dis- Jacob Fisher and one Hurleymann entered the store of Louis Schafer, of North Bergen, on Thursday might and raised arow. The proprietor ordered them out, | The visitors refused to go and he undertook to help e that ensued all three men were badly damaged, Fisher's weapon being a lager beer and Hurieymann flourishing aknife. The assail- fats procured the arrest of Schafer, which resulted in the three being held to bail to await the action of the Grand Jury, DIED FROM HYDROPHOBIA, Cora Fisher, six years old, dan; hter of Mr, Calyin M Fisher, gold pen manafacturer of No, 139 Fulton street, them off, In the scrimma | died of hydrophobia yesterday morning about six her residence Rutherfard Pagk, N. J. | About three months agoa dog belonging to one of the hbors bit her lip and slightly ecratcbed her eye. othing was thought about the matter as the dog did | | not soem to be mad. The dow, however, was killed for | fear that he would do further damage. | o'clock at at ogo she was taken with spasms 0 | attended nover seen a case of hydrophobia be- fore. On g ber a glass of water, or on touching | her cheek with » drop of water, she stantly into convulsions. Thursday nfyht she com } m ed to froth at the mouth, — She was rational, how- | ever, until late in the night, Morphine was adminis» | tered to her, and she died apparently without pain, cacereneeertsetaatenaaminasnnsee ATTEMPT AT SUIC IDE. wae thrown in- | Just as the ferryboat Hoboken was entering the slip on the Hoboken side yesterday afternoon, aman about thirty-five years of age was seen to leap overboard from the stern of the boat. Two emall bouts were started out, manned by the crew of the Hoboken boat, under directions the Superintendent, Mr. Chase, After ty the would-be suicide was rescued from . He gave his name as Paul Btetzens, and stated that he resided in Broome street, New Yorke. He was taken charge of by the police, and after recov. ering from the exhaustion of his bath was sont on his way. He rofused to giv ph AAS give any reason for his sul- RAPID Tia! TRaXsIr. THE ENGINEERS TO REPORT wromr on ‘THE PLAN NEXT ‘TUESDAY—AN AMUSING PLAN. ‘The Rapid Transit Commissioners met again yester. day noon for tho first time after tho brief vacation which succeeded their selection of the routes. Mr, Joseph Seligman presided, and {n the absence of Mr. Harrison, the Secretary, Mr. Canda assumed the duties ofthat functionary, At the request of the venerable Peter Cooper he was given a hearing yesterday in re- spect to the plan favored by him, Mr. Cooper made a long argument in favor of a modification of Speers’ ‘Travelling Sidewalk, which has been already fully de- seribed in these columns. Mr. Cooper advocated an endless train, propelled by an endleas wire-rope, with stationary, engines, &c. After listening to this argument a letter from Mr, Courtright, President of the New York Elevated Company, was read, stating that they would be “prepared to present plans for the road to be con- structed along Its new routes for the consideration of the commissioners on Tuesday next, or at any time after that date that may be convenient forthe commis- sion to examine and give the company an opportunity to personally explain them,” i Sumere tes from H, E, Peterson was read, ar- fears an clevated railway on Third avenue would toad of injuring the business of the horse a ie the sho hort travel would be greatly increased, and property would be greatly enhanced in valuc. A letter was read from Alfred Speers, projector of the wavelling sidewalk, making the Es aidett reasonable proposition :—‘‘I would adyise you to adopt my plan, on condition that I shall first have a full-sized section of at least half a mile ride, and practically tested by operating to the satisfaction of your committee.” In conclusion, he says:—‘‘I insist upon it that my plan is the only truo solution of rapid transit;’’ thus express- ing exactly tho same opinion which h overy one of the 106 projectors cherishes of his own plan. From Zion Post office, Henderson county, ‘aplereea came the following amusing proposition:—“My plan is to place a double track (narrow gauge) the whole length of Broadway; in the centro of the great street lay cross ties flat on the ground, 50 on any road and WITH SUPPLEMENT. WILL CAPTAIN EADS SUCCBED? CAN THE COURSE OF THE FATHER OF WATERS BE CONTROLLED BY MAN? To tne Evtror or tus Herap:— Thore is quly one Mississippt River and no other river ig Uke it at its delta, and comparisons of results of plans on European rivers will not avail us anything. Many Practical persons who have studied the subject closely are of the opinion that the confining of its waters be- tween barriers or jettics will have the effect to open out some other of the numerous passes than the one oper ated on; and even if all the passes were furnished with jetties and thoroughly fortified with retaining walls trom the head of the passes to the bars, the river would break through its unstable banks further up, as_wit- nessed at this moment at the jump on the weat bank and at Dick Cubit’s Gap on the east ior below the forts. In fact, the old river seomg ¢ breaking through anywhere rather than be ine copes ted between barriers, and being compelled to cut itself a deoper channel throngh the tough, stringy mud on tho bar. And about the time that any jetty system has pro- greased far enough to amount to an obstruction to the current we may expect ‘old Mississippt”’ to flank it and. go out sonfewhere else. ENGINEER, ACTION OF THE ADVISORY BOARD OF ENGINEERS, To Thx Eprror ov tix Heraup:— The Advisory Board of Engineers assombled, by invi- tation of Captain James B. Eads, to consider his plans for the improvement of the mouth of the M'ssissippl, have acted procisely as the Hega.p suggestea they should—that is, with abundant caution, ‘They have recognized fully the magnitude of the problem to be solved in dealing with the majestic forces of tho Missis- sippi, even at the smallest of the threo natural passes, and in the one which, not being navigable at present, is least in danger of detriment from mistaken counsels.” The questions to be decided were not only those of science in hydraulic engineering, but also those of pe- cuniary interost, and they were to be determined, not ‘nn eee and eae. one Sido of | through complaisanco to Captain Eads, or epmpliment feet high, with sli ry derbi cross street so as | to his friends, but in tow of grave public a3 well ag Fe wnat elgso the gate at tie nr nena Tia nest ® Appriael by a of Congress, pte oe Tho Comulsslondty aijouthes ott toca aE aa ica casts sPletiale ie ingye o'clock, wen their Sbeincers, Hears Newton | ble Me | aw ua glass Pr ‘iene ant reve, are to make a report as to the requirements i of agood and safo atracture. They are not tosay | ecb the Boul Fete Mleattelppl River which plan would be the best, but simply to take up the principal plans presented and designate the specified re- quirements of each im point of safety and strength, leaving the choice to the aaiieiocecs themselves, ‘After Tuesday they will probably hold daily sessions to receive the plans and tions of the two com- 5 The Commissioners are ae, under the law, iat, bu the day open they intend to adopt the ut this will probably not bee done for two weeks QUARANTINE: | J AFTAIRS, eee bead BY THE LEGISLATIVE COMMIT- TEE—DETAILED STATEMENT OF EXPENSES AT QUARANTINE, The legislative committee appointed to inquire into Quarantine affairs resumed its session yesterday at Cas- tle Garden. General James McQuade was called as a witness and examined. He stated that he was at present one of the Commissioners of Quarantine, and had hold that ap- poimtment since the 10th of March last; the Commis- sioncrs exercise a general supervision over Quarantine affairs and look after the property; in case of an objec- tion’to a decision of tho Hoalth Officer the Commission- ers act asa Board of Appeal; they also audit the mon- eys expended by the Health OMcer; the property in charge of the CommmissioneFs and belonging to tho State consists of buildings, steamboats, small boats, and includes the boarding station at Clifton; the steamer Hopkins is used for the general purposes of Quarantine—for the transportation of sick persons and other business belonging to the commission; she is em- ployed about six months in the year ; the officers and men are engaged by the Health Officer and are paid by the yoar; tho captain and engineer are paid to take chargo of her during the tithe she is laid up, but she ia always held in readiness for (any, emergency. The witness further stated that, is opinion, two boats were required for Quarantinc—one in addition to the Health OMicer’s; there were eighty-six vossols boarded one day this Week by the Health Officer; it required one boat to do that boarding; during the winter monshs one boat is to do all the boarding and all the odd jobs required, but during the quarantine season two boats were roqnired; $30 are charged for landing mails and postengers by the Quarantine boat; the money is col- jected and paid into the treasury of the commission; no other cl 0 ia made; witness did not think that under the administration of Dr. Vanderpoel any charge was made in respect for the benefit of the Health Officer ; -he did not think that a contract could be made for the performance of the work done by the Hopkins at a lower rate than it now costs the State; the Health Oficer pays the expenses of his own boat; ‘the Hopkins was held {n readiness for exigoncies—such as the break- ing out of tlre on any of the islands whero patients were confined; the captain and engineer received $100 a month each, and the deck hands $56 66 1 month and $20 for rations; these men received this amount, which was more than the sum usually paid to deck hands, be- cause they ran the risk of contagion by handling cholera and yellow f patients; under the circum- stances he did not think the salaries too high; the superintendent of Quarantine, the keeper of Hoffman Island, the captain, engigeer and deck hands, the boat- men on the [Illinois and at Dix Island, and the nurses and attendants in the Lospital are paid by the State; thero are four policemen attached to Quarantino, an tho salary of each is $1,000 a year; their duties consist of kooping all persons off the Quarantine boats without permission of the Commissioners, and they also prevent Communication between these vessels and the shore; he understood that tagboats were chartered for $10 an hour, but he thought if they were hired to carry fever patients they would charge much more; under all the circumstances he considered it much cheaper for the State to maintain boats of its own during the entire year, The investigation was here adjourned until half-past ten o'clock this morning. THE “CITY RECORD.” ‘Tho Board of City Record, which is composed of the Mayor, the Corporation Counsel and the Commissioner of Public Works, held a meeting yesterday afternoon and appointed Richard J, Morrison to be Supervisor of the paper, inplace of Colonel Farrell, who was ap- pointed by Muyor Havemeyereas the successor of Abram Disbecker, now one of the Police Commission- ers. Mr. Morrison is not a printer by trade, norhas he evor had any experience as a journalist. He was, up to afew weeks ago, a clork in the Comptroltor's * office, but bis position was made so uncomfortable for him by Mr, Green aftor he became a member of tho now Tammany General Committee of the Fifteenth dis- trict that he was forced to resign. His appointment as Supervisor of the Record was doubtless made at the suggestion of Mr. John Kelly. During tho last gession of the Legislature Colonel Farrell paid several visits to Albany on business, and Mr. Morrison was there very often, it was stated, looking out for certain interests of the Comptroller, Mr. Charles Swan, who also spent much of bis time in the lobby of the Assembly last win- ter, now occupies the position vacated by Mr. Morrison. - VEHICLE LICENSING. The Madison Avenuo Stage Company yesterday paid to the Mayor's first marshal, Mr. John Tyler Kelly, $1,420 as license money for the privilege of running seventy stages, the rate being $20 per stage, The Kighth Avenue Horse Car Company has not yet paid their $5,000 in license fees, which it has been called upon for several times. THE COMMUSSIONER OF JURORS. Chief Justice Daly, as chairman of the Board for the Selection of Jurors, has dolivered his opinYon that | Colonel Dunlap, who has thus far been virtually recog- nized by the Board os its secretary, is the Commissioner of Jurors, and therefore that the claims of Douglas Taylor can'be of no avail. The points upon which this decision is based ave already been given In full in tho Henavp. BOARD OF POLICE, Phe Board of Police Commissioners held a session yesterday, but no business of Importagce was trans- acted, The following patrolmen were dismised from thag| force:—John Whearty, Francis Seibert, J. Gerard, Patrick Meighan and Michael McNamara, The following- named persons were appointed patrolmen;—J, J. Cor bet, Gustavus Seibert, William Nelson, Judson Golder, J. Coyle, Michael’ Kain, J. 8. Patterson, Francis ‘an and Morris Tracey. The force now numbers 2,261 men, CORONERS' CASES, Emanuol Stern, aged sixty-nine years, died suddenly yesterday morning at hia residence, No. 246 East Tenth Btroet. Patrick Sooncy, forty-eight years of age, who was kicked in the abd jomon by ahorge on the 4th inst., at the stable, No. 300 Kast Twenty-iifth street, died’ at noon on Thursday, INSENSIBLE AND UNKNOWN. ‘An unknown man, about thirty yoars of age, fell from one of the Coney Island steam railroad cars at Twentieth street, Brooklyn, on Thursday night, and | striking on his héad was rendered insensible, Me was taken to the City Hospital, where ho still remains iu- seusible, ae and the Gulf of ee on the unusual condition that he is to be compensated only in the event of success. Twenty feet depth of water over South Pass bar will be five fect in excess of the average channels we have had through the natural outlets of the Missis- sippi, and this depth, with a width of 200 fect, Captain Eads is required to secure before he will get a dollar of payment from the goverament. The government has nothing at risk; he has everything. Hence the Board had to consider not only how the South Puss could be effectually improved by the jetty system, but also how it should be treated in order to get a depth of twenty feet with the least outlay and in the shortest time, yet with the work so done as to have the ‘‘substantial and permanent character” required by the act giving him permission to spend his own money for the public good. An carly opening of the mouth of the river being of very great consequence to the commerce of the Missis- sippi Valley the people of that region have an interest analagous to that of Captain Kads in the early attain- ment of a navigable channel. The Board, therefore, consulted the public advantage as well as that of the In- dividual in ene earnest attention to the plans for speedy work. That the Board has in tho main cofeutred in and sustained the plans of Captain Kads is not sur- prising. He is himself an engineer of acknowledged Poulitye and has for years made the pheno: a of the Mississippi a study at its mouth, as well as along tts gpureg | from the delta to St. Louis, having for the past irty years enjoyed opportunities for its investigation not equalied by those of any other engineer. In per- feeting his plans he called to his aid Hop. G. W. R. Bayley, of New Orleans, an engineor of high standin; and long familiar with the mouth of the river and al attempts to improve it, and also Captain KE. L. Cor- thell, a gentlcman whose ability in the designing and construction of public works is well known in the West. Mr. Bayley is stationed at New Orleangas the resident engineer of the South Pass jetty works, and Captain Corthell is chief assistant opeinetti Stationed at the Pass and also in full charge of the constraction of the works for James Andrews & Co., the contractors, Cul- onel James Andrews, the prince! pal of the contracting” firm, last year visited Europe to exa, works of similae character, and was so ent! satistied that” early success is attainable at the™ mouth of. the Mississippi that he resolyed to put hig private for- tune into the enterprise, to which, bei, contractor of large experionce, he has brought that sort of prac- tical ability which 1s often the source of useful sugges- tons to the engineer, both as to plans and devices for their Ms at execution. The location of the jetties and the methods of construction devised and put in opera- tion by Captain Fads, with the assistance of these gon- tlemen, could hardiy ‘tail to be adapted to the conditions of the mouth of the river, and henee the Advisory Board had not to act ou crude and random suggestions, but on carefully matured and practical designs, ‘As there cannot, in the naturo of things, be many good or best ways of treating the probletus ’ presented, the Board had the duties of judges, rather than origi- nators, to perform, ‘That this duty has been well per- formed no one familiar with the record of the geutle- men composing the Board can doubt. All are engineers of large and varied experience and all have made the mouth of the Mississippi a special study. General Bar- nard, a3 long ago as 1552, was a member of a board of United States engineers to consider modes of treatment to be adopted there, General Alexander, of the corps of United States Engineers, ranks de- servediy high for ability and experience, and he, together with Mr. Sickles, Mr. W hiteomb and Colonel W. Miluor Roberts, were all mowbers of the Government Board of 1874, and not only made a care- ful examination of the mouth of issippi, but made a special visit to Europe to in the method of construction and the eflvets of jetties at the mouths of European rivers, at some twenty of which the sys- tem has been appplied with the best results, Sir Charles A. Hartley is known throughout the engincer- ing world as having by the jetty system given an in- creased depth of channel from an average of nine feet to twenty-one feet at the Sulina mouth ot the Danubo— an achievement recognized by Queen Victoria as worthy of knighthood, w she conferred upon him, A board so thoroughty qualified to act on the particular questions presentod to them is rarely assembled, and ih Accepting thoir conclusions we inay indulge the reasonable trust that the great interior valley of the continent will, in a few months, enjoy an adequate ehaynel for its commerce, and that the great fiver will flow ‘‘unvexed to the sea” It was anovel and bold proposal of Captain Eads to create a channel depth in advance of any payment, but whatever temerity, tho proposal may have bad seems to be equalled by the courage and wisdom ot his action to secure results. It was a very wise move fovite an advisory board so able ag that re sion in this city, because however per safe his methods the sanot must strengthen bis own confide hia associates and the public. bis pians and ngineers $0 eminent ee as well as that of Yo increase the depth across the South Pass bar from its normal measure. ment of seven feet to twenty feet without pay till the latter depth of channel is secured is a proposition so un- usual that grave doubts were to be expected and great care in plans and methods was imperative, It is equally fortunate for the sanguine projecter of the work and the public that the doubta are fading and that the caro- ful and effective plans are approved by authority en- titled to the highest me re of respect. Tho sanction of the Board takes from the work of Captain Eads all character of experiment or adventure and shows it to be a plain aad practical business operation. GINEER, POST OFFICE VENTILATION, To rum Epitor or rae Heraup:— In your paper of this date you remark upon the Post Office ventilation, referring to the basement story, that “the architect, when he designed the building, evidently forgot this one thing necessary to the hundrods of men who are compe! by their auties to stay for hours in } this section of the structure,’? Your remarks above quoted are entirely too compli- mentary to tho intelligence of tho architect who de- signed the building. He did think of it. He attempted to, provide for it; but, having no knowledge of the sub- ject, he failed. I happened to call at his oMfce upon other matters just at tho time that he had developed his plans provid. ing for the ventilation of the basement story. He asked my advice about the ventilation of the court rooms above, and explained his arrangement for tho base- ment, I stated to him then that his provision for the basoment would prove inadequate on sultry days in summer, as he provided one force to compel a move- ment of air into and out of it, Ltold him that tho only | ined d method was a judicious system of fan blowers driven by steam engines, one set to force + ont, tf of em- thought the alr in, and another to force He replied that he wished to avoid the nec: plovizg steam engineers about the building and is plans would be effective, Aas I had only ressed my views upon his especial invitation to do 801 made no reply, but havo expected the results now experi- enced from that day to this, The proper remedy now is to supply what I then rcoemmended, viz., fan blow- ers driven by steam engines, one set to force ‘tho air in and one to draw it out, This should be done in such a mannef that in winter the air may be warmed and moistened, and at all times, so that, while the air in every port may be frequontly” hi Aa no sensible cur- rents will be percoptible anywhere, It would add greatly to the comfort of those actively employed there 6 for summer ventilation, there was a system of cool- ing the air when itis too xn, and drying it when tt is too moist (‘murky, * close, muggy”), such as I fecommonded for the United States House of "Represen- tativos in 1°68 (vido Roport 19, sersion, House of Representatives Tho study of architecture ts Sebo which is always seen and never moves, while that of ventilation is of Lt a Congress, third ing that is mever seen and DAN O at moves, Be. apectfi ALBAN CAUSES OF ihemarergmease ewememceeempaerem| ano aim «| cumin abs stom? | CAUSES OF ORIMEY Why Affluent Criminals G4 Unwhipped of Justice HOW POLICEMEN ARE APPOINTED, A Curious Specimen of a Guardian of the Peace, — ‘The legislative committee appointed*to. inquire Int the causes of crime in New York resumed its 6) in yesterday in the Aldermanic chamber of the City Halt’ Thore were preaent of the committee Messrs. Campbelf’ and Dessar, and, later on, Messrs. Hess and McGowang Captain James Irving was sworn and testified that ha arrested a man named William Lambert on Juno 18; 1873; he was charged with receiving stolen bonds» found the bonds in his possession; took him before « magistrate; he was committed in default of bail; nover heard ho was indicted by the Grand Jury; his ‘repute, tion was bad; fle hail been formerly arrested; heard ha was once Indicted for arson; Detective Sampeon wad with him when he arrestea Lambert; ho was also wittt him when he arrested a man named Kendrick for req _ ceiving stolen bonds; nover went before the Grand Jury in regard tothe man’s: case, as he was never subpo- naod, In regard to the return of Governor Alvord’ watch he had no knowledge; in the summer of 181& Heidelberg was one 0! three detectives sent to Long Branch; they were sent by orders; directed througlt him from the superintendant or one of the commissions ersz Vt has been Trstotnaty bingh 8 1897 to send dotecti oMcers to Log Branch and Saratoga; al Sarat they reported to John Morrissey, and at "Long Branch) he helioved, to John Chamberlain; they wore paid by the Polico Department, and their hotel expenses, ha thon jit, were paid by the parties to whom they aie Hrocted; at that time therg were twenty five or twenty-six deféetives in the city, and perhaj four or five ot of the city; his impression was that the mén gent to Léng Branch stayed there only for the, day and came homd at night; had a Fi of hig command engaged in hunting tp Torger’ novor coulé, understand why Bangs and Pinkerton were employed by the District Attorney's office; could easily have are feasted Gleason and Roberts at any time, but never got any directions to do so; heard that there was ‘ A PETITION CIRCULATING among tho banks and merchants to raisoa fund for the District Attorney’s office, and that $5,000 were sub- scribed; am positive that the regular detective force can at any time do the busine of the District Attor- ney’s office, To Mr, Deasar—Nover could send a man out of towm without instractions from his superior officer; hava always been ready and willing to perform any ordors coming from the District Attorney’s office; have beom captain of the dotective force five years, and received two medals for meritorious services, EASY WATS oF The DINTAIOT APTOTINEY’s OFFICE. Detective Sampson testified that he was now off thé force; arrested Lambert in connection with Captain Irving with the bonds on his person; can’t remember haying gone before the Grand Jury in regard to his caso; was also with Irving at the arrest of Kendrick; he was arrested on a warrant; know nothing of hia trial; arrested a man named Leonard Brown in August, 1873; found $28,000 in bonds on him; ho was taken ta headquarters and subsequently indicted; he is now af large, but was nover tried. THE FARCE OF JUSTICE. Mr. Townsend read a record sent to the warden of the Tombs from which it appeared that Lambert had been tried and acquitted, and the assistant clerk of the General Sossiona, Thomas ©. Stewart, testifled that bort was discharged on his own recognizance, ‘ich is quite another thing. . POLICE APPOINTMENTS. Captain Gunner, of the Nineteenth precinct, was called and produced a record showing the appointments of Almond A. Gould and James Walters on the policg force, Gould was appointed May 19, 1875, and Walters on April 18, 1875. Mr. Townsend then read a record showing that thesa men Were ganginen under the Stroot Cleaning Departy ment at the time they were appointed on the police force and for some time after. James Walters testitied to being a momber of the pos lice force and identified the record of hia being sworn in; beiongs to Owego, New York State; came to New York with an introduction from a friend of his, but ob- Jocted to giving his namo, “Mr. Townsend—Was {t Mr. Platt who gave you tho letter? Are you ashamed to tell ? Walters—I am not ashamed, and I don’t know that & need keep back the name. Mr, Townsend—Then let us have the name, ‘Waltors—Well, it was Mr. Platt, Mr. Townsend—Member of Congress from your dig trict? Walters—Yes, sir. Mr. Townsend—To whom was it addressed? Walters—To Abraham Disbecker; there was nothing done fyr me right away; Disbecker advised me to stay in tho city ninety days, ‘and then he would try and ap- point me on the police; I told him I was very hard up pecuniarily, and he put me on the Street CleaningiDe- | partment until there was a vacancy on the force; Mr, Bisbecker told me it would be necessary for me to get five cily signers to a paper recommending me, Here Mr. Townsend read the paper of recommenda- tion from the five citizens of New York, saying they had known the applicant for five years and eulogizing his character. Counsel went into a minute and ridical- ously amusing examination of the witness as to how he knew each signer, and then asked, as the paver declared, “30, you are not married ?” Witness—Well, there is a question about that. (Laughter.) | More amusement followed the explanation the wit- ness proceeded to give of how he met a girl one rainy evening and married her by mistake. He admitted that he was now living with her and bad two children by her, but the error committed by the man who pre- tended to bea minister and pretended to marry hin justified him in asserting tn the paper of application that he was not married. Mr. Townsend—You also say in the same paper that you have no family, Witness—Well, when a man is not married he can’ Yo said to have a family. (Laughter. ) Various other questions were ae to the witness. Hg said he voted last spring in O Mr. Townsend then read frou ‘the law of 13) declares that no p shall be appointed on the police force of the city of New York who has not lived ong year in the State and six consecutive city. Witness came to New York Janu: appointed on the force in April following, which was }* clearly a violation of the statute. Captain Robbins, of the Twenty third précinct, said ho senta de‘ective named Huzhes, in a confidential way, * to find out the character of Walters and Gould trom the persons named in their forms of application, The re- plies were favorable. Mr. Townsend asked Captain Robbins why it was he signed his name to the return when it was Hughes, and not ho, that found out the information? The Captain said he could not find out the people in question, and the matter of signing was a custom, ‘APTER RECESS: Mr. Townsend announced that Officer Gould, wha promised to attend at the investigation, had since seat his resignation. 0, Cable said ho resided in Owego and knew Waltors and Gould; did not know the wife of Walters; identified Gould in a newspaper paragraph ag one who had come up from New York to help the re- publicans in the election; Gould is not considered @ very moral character in Owego; he has awifoliving there; saw Goud here in Now York since he camo, Benjamin Deforest, in regard to his et gt mentation for Walters, said he knew the man only for a few months while he was in Yorkville; signed the document for him as a favor. David N, Goodrich, of Cet, said he knew Gould and Walters; also ©. ‘yp. Hill, H. F. Miller, William Hy fruman, Charles Stebbins and E. ', Platt, the mon whd bore testimony to the character of Walters. The names of those who recommended Gould were also known to the witness. Most of them had left Owego about threo years ago; know a maa named Storrs in Owego; understood that Mr. Platt, member of Congress, got those Se We the police; Gonid’s private character was not good; Walters was reported to be a married man in Oi¥ego; Walters did not vote at the spring election. George B. Leonard said, after hearin, Kt of tho witnesses from ‘Owego, he coul eagwatd Lennon satd he knew Walters and Gould familiarly; never spoke to them about going on the force; they told him they were in the Street Cleaning Departmont; saw them in uniform somewhere about last summer, . the testimony aot indorse it A LADY’ Mrs, Charlotte Cole, said that in January Owego; the first was TESTIMONY, No. 206 East Eighty-sixth stroot, last boarders came to her front Gar Green; then came James Walters and Almon W. Gould; that'wis about the last of January; they brought thoir caryet-baga, and sald they were going to be employed on the police forces Walters bad his wife, two childrey and mother an fathor with him; he told witness, {0 presence of hia father, that he had a wife and two childron; the day after he ing appointed on tho police ho told iho he had represented he was a single man; witness asked him how he could do that; he replied, '‘Very ensily;" wit- ness said, “If you get sick on the doctor comes, what will you ‘ay? “Twill gay fad my Fistor and her children.’’ Witness acct en DF ae up a lottor one day, addressed from legghonectcd father 9 Walters. She glanced 4 (CONTINUED ON “ON NINTH PAGE]