The New York Herald Newspaper, October 14, 1875, Page 4

“THE COURTS. The Tweed Appeals from the Supreme Court, General Term, Decisions. - ‘Argument on the Application for a Stay of Proceedings. JHE SUIT AGAINST PETER B, SWESNY. of Motion for a_ Bill of Particulars, Denial ‘The argument was heard yesterday by Judge Law, rence in Supreme Court, Chambers, on the motion for a stay of proceedings pending an appeal from the re- cent decisions of the Supreme Court, General Term, in the Tweed $6,000,000 suit. As is.well known, there were two decisions—one reversing the order of Judge Donohue granting @ bill of particulars, and the other affirming the order of Judge Barrett refusing to vacate the order of arrest against Tweed or to reduce his bail from $3,000,000, as fixed directly after instituting the Present sult, From both of these decisions Mr. Tweed | appeals, and the grounds of pressing the motion are. the adjournment of the Court of Appeals till the 9th of mpxt month, and that, inasmuch as the case is set down for trialon the first Monday of next month, if the Present application is not granted the object of the appeal will be frustrated. The object sought | aes was ooaay feniahod and Lg dp damon : charged was actually done, or, if any, then how great Pe De Cag mene Aime Re: Batting | was the oxcess charged above the amount furnished or in the answer, which the Supreme Court, | done, or whether the prices charged for such materials Goneral Term, limited to soyen days, On the other | or labor were too high, and, if so, what was the excess | | above the fair or agreed prices; and why the plaintitt | hand, it is contended that as the time for answering has been specifically fixed by the General Term this time cannot be enlarged by a court of subordinate juris- | diction. But the points will be fully seen in the papers and report of the argument as given below. Meantime the court room was crowded and the argument was | listened to with close attention. On behalf of Mr. ‘Tweed there appeared Messrs. Dudley Field, Robert 5. Deyo and William Eddleston, while the case for the | people was represented solely by Mr. Wheeler H. Peck- ham. Among the spectators, though dnobtrusively taking a back seat, was William M. Tweed, Jr. GROUNDS OF THE APPLICATION. ‘These were preliminarily set forth in the following “affidavit of Mr. Deyo, with the reading of which Rober, E, Deyo, being sworn, saith :— First—I am one of the attorneys for the defendant the 8th of October, 1875, an order was cine. by the direction ot the General Term es previous order denying a motion to dis- bg oss gered of arrest or reduce the bail. the 9th of October, 1875, another order was hereon Lwigges an order previously en- Special by ich previous order, directed service of a bill of partica- that the complaint be made more certaimin some respects, and desired a mo- tion to make it more definite and certain in other both of these orders taken on the 9th of October, 1875, to the peals. Undertakings on appeal and notices of appeal bape = and gael she haps gal Clerk Rass m intiff's attorney, and notices of argument for the 9th of November were served. Fifh—The Court of A ls bas adjourned to the 9th of November, on which day the ag can be heard. The appeals are taken in good fait ‘There has Deen no delay whatever on the part of the defendant in the entire progress of this cause from beginning to end, except one extension of the time to answer of twenty days, which was afterward reduced by the Court ex [in totendays. All other extensions have either by stipulation of the plaintiffs attorney or by the Court after argument upon motion, and the suit itself was only commenced on the 8th day of April, 1875. Sizth—Uniess are stayed upon the ap- peal and the time to answer extended the very object of | ‘the appeal (which is not delay, but solely to have the pleadings made conformable to what is believed to be the ordinary and B sige nd practice in ordinary cases, and to preserve the rights of the de- be © for trial) will be fendant by enabling him to pre frustrated, and his case will be forced to trial with un- precedented speed, and, as deponent believes, against well settled rules of law. Seventh—The defendant is imprisoned under an order ee action. Deano this er ‘against roperty in force, no possible Septlos exit vevar ‘to the plamtiff by reason of the ordinary and reasonable delay asked in order to get the questions appealed from to the Court of Appeals. MR. YIBLD’S ARGUMENT. leer ebb above borat ag entered on er was substant an enlargement te embodied in the alldavit. ‘He frst en Mr. 3 ing davit, and the latter stated that the only affidavit was one by himself, setting forth that Tweed had been twice tried criminally and that be needed no bill of to inform him as to the specific charges against him. Having elicited this information Mr. jeld then went on to say that defendant gave notice of ppeal from the General Term the day after its orders were filed, The suit was only begun in April last, and the defendant never before, except once, applied for any delay. All the other delays were by stl tion or by order of the Court, Judge hue says the complaint must be made more definite in various ways, and that a bill of particulars must be furnished; the General Term says hot. It was no new thing to have the General Term reversed, and the defendant proposed to try whether they or Judge Donohue were right But the whole purpose of the appeal would be frustrated without a stay, for what use would it be to defendant to have Judge Donobue sustained if he was tried and judgment went against him meantime? There was no reason for undue haste. The defendant was held under lock and key and under $2,000,000 bail. Itwas a very hard matter for counsel to have to urge what was so plainly just Defendant o ly asked for the same treatment as other people. The proper way to have the case tried | was to have tho defence advised of the plaintif’s claim | by a bill of particulars. Judge Lawrence said that the difficulty was the Gen- eral Term had virtually tied bis hands. He saw no | reason why he should undertake to modify their order. Mr. Field denied that the General Term could enjoin Judge Lawrence, or that they intended it, The Cham- bers was the proper place to go. The General Term confirmed some things, denied others and gave de- fendant seventy days w answer instead of five, and de- fendant wants a further stay. The matter was simple, nataral and just. Judge Lawrence, again interrupting, said that the General Term liad madea specific order mm this case a8 to the time for answermg the complaint. Mr. Pield contended that there was nothing so ex- traordinary in that. The matter was so plain as to the discretion of the Court that he hardly felt like wasting words on the matter. Jt was, as the French say, va | sans dire. MR, PECKIAM'S RESPONSE, In reply Mr. Peckham stated that the papers had been given to him five mmutes before he came into court His examination into the case had, therefore, been brief, ana his argument would be correspond- ingly brief. He insisted that it was not a question of the naked power of the Judge, but what was the spirit | of the General Term order, and their o: was that the defendant have a certain time and for a certain pur- pose only, viz, to auswer, 80 that the merits of the cage be ly tried. Moreover, if there is a good defence there can be an appeal from the Circuit Court, which will answer defendant as well. He can serve his answer, and when the case comes for trial ne can apply for postponement for , until the cuse is beard on appeal; and if decision is against him the trial can go on November 10, otherwise it will go over to December. There bas been a series of dilatory motions since the | suit commenced, The defendant had the benefit of! two trials on criminal indictments for the same cause of action, and no man could say he wanted a bill of par- | ticulars for honest information, a8 he knew all the tes- mony against him. MR. PIRLD'S REJOINDER, : Mr, Field said he had been waiting for an argament | on the other side, but there was none, The reason wag not because the gentleman bad only five minutes in which to examine the rs, but because the geutle- man had none to make. counsel has not told the Court how he wok out an attachment unsuccessfully to grasp all this man is worth in the world, or denied Uthat he has been under lock and key to exact the last pound of flesh, aye, and the last drop of blood. A stay was the defendant’s right, a8 a citizen and suitor, to go to the Court of Appeals, which so far had itself a8 solid as steel against poptlar clamor. the | tourta? Not counsel, but the Chief Justice of the Gen- ‘grai Term, writing to the to arraign the f Appeals. He for one would not follow that exam; He did not say that the General Term acted dishonestly in Lge | their decision any more than Judge ue acted dishonestly in granting the bill of particulars; but if this brief stay was not granted defendant would lose bis Re rage If application was made to the Cir- cult answer would be, your proper place was at NEW YORK HERALD, THURSDAY, OCTOBER 14, 1875— @avit of John McKeon, the two notices of the defendant Sweeny, dated September 14, and the two notices of the Lif, dated September 14’ and 15, respectively, and the order of September 16, 1875, requiring the plaints to show cause thereon why the complaint shonid not be set aside because the cause of action ure not separ- te tonal oak Flte tothe Bret one of ie 1 action and: part of the complaint contained in the pened je and following the words and fi, “May 6. $2,012)J. A. Smith,” * ts farnis! mew Court House, Kane 22, 1809, "$24,082 24, J. A. Smith, Ingersoll & Co.,” should not be stricken out irrelevant or re- 6 complaint as dunisah ane why either 50 m\ Bet rt © alleged neglect to audit the claim against the city, and especially that portion of the complaint beginning with the woras, “That the said pretended claim or liabilities were not,” in the middle of folio 9, and down t ‘and including the words ‘signed the same,’ inthe thirteenth folio, should not be stricken out as irrelevant and redundant or otherwise; why so much of the complaint as sets forth fraud, con- spiracy or combination on the said Sweeny and Watson should not be stricken out as irrelevant and and why the plaintiffs should not eleet upon which*of the several causes of action set forth im the first count of the complaint prior to the words “right or interest in the premises,’ at folio 20, they intended to rely, and why they should not serve an amended complaint, uniting so much of present complaint as relates to the causes of action not so elected, and why they should not elect whether they will proceed on the allegations of fraud or upon the allegations of a neglect to audit in gid first statement or alleged cause of action, and why so much of the complaint as relates to the cause or causes | of action not so elected should not be stricken out as | irrelevant and redundant in second statement or cause | of action, at follo 24, to wit:—“Without any examina- | tion of said claims and with knowledge that the same | | were wholly false and fictitious, fraudulent and pre- | tended claims, and that the same represented no just, legal or valid claim whatever against the said Mayor, Aldermen and Commonalty of — the of New York,” and why complaint —shoald not be made more definite and certain by stating whether every item in the accoants and claims mentioned and referred to in schedule A, annexed to the complaint, and also in the said six war- | rants referred to in the Becond cause of action, was false, fictitious and fraudulent, because no material | | should not make the said complaint more definite and | certain by specifying in each of the paragraphs at folios 20 to 28, in which it ig averred, that the defendants—the | Mayor, ‘Aldermen and Commonalty of the City of New | York—set up and pretend to some right or interest; | and why the plaintiff should not be required to furnish to the defendant Sweeny a bill of particulars of such of said accounts and claims as the plaintiff claim to have been faise, fictitious and fraudulent, specitying what portions of the accounts and claim’, and what items therein are claimed to have been false or ficti- tious or fraudulent, And why the.time for said defend- ant Sweeny to answer, demur or take any other action to which he may be entitled, should not be extended until twenty days after the order of the Court on this motion and notice thereof to defendant Sweeny’s at- torney. ‘After hearing Mr. McKeon, for the defendant Sweeny, for the motion, and Mr. Peckham for the plaintiffs in opposition thereto, ordered, that the said motions be and the same hereby are denied, with costs. AR ‘LAWRENCE, Justice Supreme Court. It is understood that Mr. McKeon, the counsel for Mr. Sweeny, is watching the course of events in the matter of the appeal in the Tweed case, as to the bill of particulars, with a view to a determination as to whether it 1s best to appeal from the above order. DECISIONS. SUPREME COURT—CHAMBERS. By Judge Lawrence. Wheeler vs. Remington.—In this case [ desire to have the motion papers before delermining upon the appointment of the Receiver. Anffmordt vs, Goldstein.—Defendants allowed to re- view this motion before the Justice who heard the motion to vacate the arrest, Wilson vs. Dayton.—Motion denied, without costs. Loughran vs. Shattuck.—Motion granted, without costs. Newburg Cement Company vs. Futh.—Motion to set aside proceedings denied, without costs. Newton ys. Continental Bank.—Upon payment of | costs of this motion the plaintiff may set cause down | for the 21st inst, for trial in Part 2, otherwise complaint | will be dismissed, with costs. Heim vs. Lowell.—Under Rule 45 the defendant makes out a case for striking cause, from the calendar and dismissing complaint; upon payment of costs of motion the plaintiff may set down cause for trial on Bs 20th inst., otherwise the complaint will be dis- ised. Woodhouse vs. Rio Grande Railroad Company et al — Order Searle va Searle.—No reason for an order to show cause. ‘Schoentgalen vs. Hayert.—Explanation wanted. Matter of United States and Mexican Telegraph Com- pany; Lawrence vs Horton; Fay vs. Horton.— Granted SUPREME COURT—-SPECIAL TERM. By Judge Van Vorst. Thry vs. Brown et al—Judgmeut for plaintiff on de- murrer, See opinion. SUPERIOR COURT—SPECIAL TERM. By Judge Monell. Bond vs. McNiff et al.—Findings settled and signed. Judgment ontered. Johnson vs. Larton.—Case settled, SUMMARY OF LAW CASES. Ex-Assistant District Attorney Algernon 8. Sullivan was sworn in yesterday by Judge Brady as Public Ad mistrator in place of Isaac Dayton. Judge Lawrence, in Supreme Court, Chambers, granted yesterday an order to show cause why the order of ar. Fest against Duncan, Sherman & Co. should not be vacated The matter will come up for argument to- morrow. On account of there being no Court of Oyer and Ter- | miner yesterday the case of Michael Finnell, charged with shooting and killing the Irith Giant, O’Baldwin, ‘was, of necessity, postponed till to-day. The prisoner's counsel, Mr. Wiliam F. Howe, has sued out writs of certiorari and habeas corpus and will endeavor to se- cure Finnell’s rge on bail, In the matter of Charles A. Whey, who was expelled | from the St. Jacobus Verien on a’ charge of receiving | Denefits contrary to the bylaws of the Association, a decision was given yesterday by Judge Van Vorst, hold- | ing Supreme Court, Special Torm, The case was taken | | to this Court on a dernurrer that all the officers named | should have been given as co-defendants in the suit Judge Van Vorst overruled the demurrer, The trial of Robert Des Anges, accused of complicity with smugglers, was called up yesterday in the United States Circuit Court, and set down for Tuesday next. ‘The trial of Charles L. Lawrence, charged with for- gery of importers’ invoices, has becn set down for Wed- nesday next. ‘The will of John H. Contoit, a man well known to the Knickerbockers as the proprietor of Contoit’s Garde: on Broadway, was adinitied to probate yesterday. His entire estate is left to his only son and heir, Charles H. Contoit, whom he names with John K. Hackett asthis executors, The will is dated January 14, 1868, and the | estate is valned at $1,000,000. In the cases of the United States against the firm of H. B, Claflin & Co, to recover penalties for viola- tions of the revenue laws in purchasing and selling smuggled silks, Mr. Arnoux, one of the counsel for the firm, said that he wanted to withdraw the plea of guilty that’ he had put in, and to make a motion, based on | affidavits, to quash the indictments. Mr. Evarts, | another of the counsel, would be ready to argue the | motion for the firm, and, on account of its importance, the counsel desired to have the motion argued before | two judges. Judge Benedict replied that two judges | could notsit in this court on that case, He advised counsel to set the argument down for a certain day, and to have their aMdavits ready. The counsel agreed upon, Wednesday next as the di COURT OF GENERAL SESSIONS. Betore Judge Sutherland. AN INSPECTOR OF WEIGHTS AND MEASURES. John H. Robinson, of No. 166 Third avenue, a sealer and inspector of weights and measures, was placed on trial yesterday ona charge of extortion. The com- plainant, Warren H. Rose, keops a paint store at No, 611 Hudson street. On the 4th of January last Charles Travers, the clerk of the accused, entered the store, and, after examining complainants weights and | measures, presented a bill of $4 50 for his fees, His | legal fees amounted to only $1 04, and this sum was | tendered him by Mr. Rose. It was scornfully refused, | with the remark, ‘I thought you would kick against this bill, and for that reason I lett ono gil measure unmarked. I'll make that measure cost you $60 if havo to spend $50 w doit” The com. plainant said he would report the circumstances to the | proper authorities; bat Travers laughed and said, “You may go and report if you like, and see whether you'll get any satisfaction. Ihave influence enough to pro- tect me.” The counsel tor Robinson asked that his client | otthessid Sweeny or | the | | stolen $930 worth of jewelry from her. | by some person who had approached him unseen. Looking up he saw the accused a fow feet from | him, ranning away. There were two men standing near him, but they seemed to be doing nothing sus- Picious, He immediately gave chase to the lad, and with the help of an officer caught and took him to the Station house, The accused stated that as he was pass- ing the doorway in which the two men referred to | above were standing one of them said, ‘What are you | looking at?” “Not much,” he replied, when the man kicked at him and he ran away. le supposed that he was pursued by this person until he was caught and found himself in the custody of the complainant, who chi him with the theft. The jury, after half an hour's discussion, returned a verdict ofvnot guilty, aud the accused was discharged. PLEADED GUILTY. Thomas Cox pleaded guilty to petit larceny from the person, and was sent to State Prison for one year. On the night of October 9 he assaulted and attempted to rob John H. Sutton, of No. 1 Thompson street, Carl Schultz pleaded guilty to breaking into the liquor store of Anton Meyer, at No, 151 Beaver street, and | stealing therefrom $2 40 in money and clothing to the | value of $20. Ho was sentenced to State Prison for two and a half years. |” Annie Brown, a comely young negro girl, was Marged | with having cut and stabbed with a knife Ella Smith, | another girl of color, on the 8th of October, Five years | in State Prison. | Patrick Hughes pleaded guilty to burglary in having, on September the premises of Margaret Shea, No. enue, a velvet cloak valued at $100, and a silver watch worth $9. He was sent to the State Prison for two and a half years. TOMBS POLICE COURT. Before Judge Duffy. TRACED TO SAN FRANCISCO. Some time ago Simon Abraham, a tailor, received | from Seidenberg, Schwab & Co., of No, 1l¢ White street, a quantity of satinet to make up into coats, The property was valued at $184 40, Abraham very oon after disappeared. He was traced to San Fran- cisco and arrested there. Yesterday he arrived in New York in custody of a detective and in the afternoon was taken before Judge Duffy at the above named court and held in default of $1,000 to answer a charge of grand larceny. JUDGE DUFFY ON THE EXCISE ARRESTS. On Monday last Henry Cummiskey, of No. 864 Greenwich street, was arraigned before Justice Duffy ona charge of selling liquor without @ license. Cum- miskey produced a receipt from the Board of Excise | for money paid on account of a license applied for, and the Judge promptly discharged him, Yesterday he was again brought before His Hona vo the same charge and produced his receipt as befor “You were here the other day,” said His Honor. “Yes, sir.’? “And I discharged you, dia I not?” «Yes, Your Honor, after showing you that receipt,” “And I discharge you again,’’ returned the Justice. “Now, oflicer,” said the magistrate, addressing the polig@man who made the arrest, “I wish you would tell Captain McCatfrey, of your precinct, to make no more arrests of persons whom I have before discharged under circumstances similar to those in this case; and tell him that if he does make such arrests I will con- sider it a contempt of Court. I regard ba thawing as law until it is otherwise declared by higher au- thority.” ‘The officer promised to inform his captain. ESSEX MARKET POLICE COURT. Before Judge Kasmire. BURGLAR AND RECEIVER, On the night of the 11th of October, about eight o’clock, the apartments of George Strassner, Jr., on the second floor of No. 53 Lewis street, were broken into and three coats, three shawls, a mantilla and other clothing were carried ay A child named Nicholas White, ten years of age, who resides at No. 53 Lewis ‘street, saw & man coming out of the hallway about the time mentioned, and hand a bundle to another man named Frank Burns, of Monroe street, Burns was arrested on Tues- day by Oilicer Dixon, of the Thirteenth precinct, and the | major portion of the stolen property was found on the | same day by Officer O'Connor, of the Eleventh precinct, in a wood cellar at No. 135 Cannon street, of which Mrs. Frederica Bliss had the key. Both Burns and Mrs. Bliss were arraigned before Judge Kasmire yesterday and wore held in $1,000 bail each to answer, Burns on a charge of burglary and Mrs. Frederica Bliss of receiv- ing stolen goods. TOO OBLIGING. Albert Hoffman, Paul Berlick and Solomon Mannheim, ali natives of Poland, came down from Albany on Tues- day night and arrived in this city yesterday morning. Solomon Mannheim, learning that Hoffman and Ber- lick were about taking a trip to Europe, represented | to them that he was well acquainted with the agent of the Bremen line, and he _ could procure them tMkets at a greatly . reduced Tate, Hoffman believed Mannheim’s statements and gave hist $60 to buy the tickets, Yesterday afternoon, about two o’clock, the tickets not being producea, Hofl- man demanded the tickets or bis money. Mannheim, itis alleged by Hoffman, told him he would not give him either, but was willing so offer him $2 50 to pay his way back to Albany. Mannheim, on Hoffman’s complaint, was arrested by Officer Martin of the Tenth precinct, and was arraigned before Judge Kasmire "at the above court, He was committed in $2,000 bail to answer, and Hoff- man and Berlick were committed to the House of De- tention to insure their presence as witnesses against the prisoner. STABBING AFFRAY. Between twelve and ono o'clock yesterday morning an altercation took place in a lager beer saloon at No. 811 Bowery, between James Johnson, of No. 69 Monroe street, and James Watson, of No, 165 Essex street, in which Johnson received a severe wound inthe groin from a knife in the hands of James Watson, who was arrested by an officer of the Seventeenth precinct and arraigned before Judge Kasmire yesterday, who heid hit in $1,000 bail to anew. FIFTY-SEVENTH STREET COURT. Before Judge Murray. A SNEAK THIEF IN THE GUISE OF A GLAZIER, An itinerant glazier, named Allan Goldstein, was em_ ployed to put in a pane of glass for Mrs. Ann Considine, of Sixty-fifth street and Eighth avenue, and after he left the premises her husband’s watch was missing. Gold- stein was arrested and the watch found upon him, He | said it waa the first time he ever did anything of the | kind, which the Court did not believe, and be was held | for trial. 4 STABBED WITH A SHOEMAKER’S KNIFE. Maurice Fitzgibbons, of No. 325 avenue A, charged Ed- ward Flynn, of No, 412 East Twentieth street, with stabbing him in the Jeft side with a shoemaker’s knife ‘and causing a slight wound. Flynn denied the charge, and said the stabbing had been done by somebody else. The evidence was, however, rather against him, and he was committed for trial. The parties had been drinking together and quarrelled over their cups. A DISCARDED HUSBAND ATTEMPTS SUICIDE, Christopher Ryall, of No. 365 East Forty:third street, was arraigned on a charge of being insane and attempt- ing to drown himself, Officer Daily, of the Twenty- second precinct, found him standing on the string- piece of a dock on the North River and caught hold of him in time to save him from a watery grave. He ac- knowledged that his intention had been to put an end to his life, which had become a burden to him since his | wite had discarded him, and said he was nothing Mut a nuisance, The prisoner, who is an old, white-haired man, was committed to the care of the Commissioners of Charities and Correction, ALLEGED THEFT OF JEWELRY. Annie E. Smith, of No. 962 Sixth aused the | arrest of Catherine Greene on suspicion of having Her statement was that the accused, who is a domestic, called to seo | her and began to tell her of the beautiful diamonds some of the families had with whom she lived. Mra, Smith, in her vanity, brought forth from a bureau drawer a set of diamonds,’ and asked her if they were not as fine as any she had ever seen, After the jewels had been thoroughly examined and duly praised they were returned by Mrs. Smith to their kee place, After Catherine Green bad left the diamonds were miss- ing, and her arrest was, therefore, made, She was re- manded to the custddy of Officer McGowan, of the Nine- teenth precinct, who arrested her, ue, POLICE COURT NOTES, Daniel Holland, a hackman, was yesterday arraigned before Judge Duffy, at the Tombs Police Court, on complaint of Officer Slattery, of the Twenty.seventh precinet, who charged that the prisoner assaulted him at Na 10 Washington street, on Tuesday evening, struck him in the face and knocked out one of his teeth. Hol- Jana, it appeared, had a grudge against the officer for being, as be believed, instrumental in having his be dischi he was not present when the exorti- tant fee ded and had notauthorized his clerk todemand it, The motion was denied, the Court holding | ‘Chambers, and there could be no reply. At the close of the argument the counsel passed mp | their papers for exam: ion of the Court pending its | decision. | | THE SWEENY SUIT. | In tne suit bronght agamst Peter B. Sweeny to secover $6,000,000, in the alleged fraudulent taking of qhich sum from the city and county treasury in con- gection with the building of the new County Court | the pped douse he eons aeving onan mata | the room during the arguinent of counsel, and was not | Ring, application was some time since made, the sano ‘sin the Dereed suit, for» bill of particulars. This ap- plication was before Judge Lawrence holding Supreme Dourt, Chambers. An order was entered yesterday fenying this The following is the order, the legal verbiage in which {t fs enshrouded, however, oeing suggestive of the old biack letter law times — ‘Cpon reading and Bling the complains berain tha afh- that the accused was responsible for the acts of his deputy. Counsel then attempted to make light of the cage, saying thas the utmost F me which could be inflicted upon the accused, if found guilty, would be a fine of three times the amount attempted to be ex- torted. Judge Sutherland took @ different view of the matter, He said;—‘I don’t know of a more important question that could come before this Court than that of whether this man habitually takes bigher fees than the | law allows him.” At this int im trial Assistant District Atworney Ball called Charles Travers to the stand. On examination it was found that later had quietly all out of to be found. It was impossible to continue without his testimony, and the jury accordingly dismissed | until ths morning, when the absconding witness will | be brought into court on a subpomna and the case will be concluded, A DARING ROBBERY. James Haley, a lad living at No, 857 Water street, ‘was tried for grand larceny. William Joseph charged that on the 8th of August, while he was seated on his cellar doar. at No. 14) Cherry street, quietly smoking @ brother sent to Sing Sing for felonious assault, The | | prisoner was fined $10 and held in $1,000 to keep the | | peace for six months, Officer Reilly, of the Eleventh precinct, arrested a | woman named Barbara Warner, of No. 694 Kast Thir- teenth street, yesterday morning on a charge of selling | lottery policies. She was brought before Judge Kas- mire, at the Essex Market Police Court, and held in | $1,000 bail to answer. | ” Charies Gale, of No. 200 Hudson street, was arraigned | before Judge Bixby, at the Washington Place Police | Court, on a charge’ of stealing two sete of harness, | valued at $75, from Samuel Walsh, of No, 257 West | Houston street, on the 2th of September. He was comritted in $1,000 bail to answer at General Sessions. On Monday afternoon the apartments of Wiliam Smith, at No. 17 Thompson street, wero entered and clothing valued at $43 60 was carried away. A man named John Ramsey, who was seen to go into the room about the time of the theft, was arrested by an officer of the Kighth precinct yesterday, and he was committed by Judge Bixby in $1,000 bail to answer. COURT CALENDARS—THIS DAY, his watch was suddenly dragged from his pocket | Frence.—Nos. 77, 89, 108, 117, 119, 133, 161, 153, 158, i, 12, 2 190, 208, 216, 267, 265, 278, 290, 309, 310, 315, 334, 337, Supreme Court—GanekaL Term—! Davis, Brady “ Daniele — Nos. a si ho, bg a ise = ‘195, 4g, 116, 120, 168, 171, 175, Surrseme Court—Specian Term—Hi Vorst.—Demurrer—No, 16. Law er ae My 603, 4a £24, og, 102, S10, 682, 600, 006, 620, 481, 424, a26, 21, Supreme Courr—Cmevir—Part 1.—Adjourned until Monday, October 18, 1875. Part 2—Oase calendar, Part $—Case on. No day al SUPERIOR COURT—GENRRAL TRRM—Held Freedman and Speir.—Nos. 14, 21, 29, 00, 31, 38S, 85, 38, 81. ureRion Court—Sraciat Txexm—Held by Judge Cur- tis—Demurrer—No, 2 Law and Ped lNee 16, we 19, 22, 30, 21, 34, 40, 61, 12,0, 25, 41. Sorknba Oothe Part 1—Hola by Jutge Monell. —Nos, 401, 715, TH, 68) 605, Ly 855, 831, 833, 835, 897, 888 ton tteld by Sides sre ats, MG la he ee 930, 982; 936, 938, 940, ee ant Common Pleas —TRrat Term—Part 1—Held by Jud 1354, 2201, 789, 1580, 1081, 2006, ; 2443, 2382, 2461, 2584, 2516. Part by Judge’ Daly.—Nos, 1573, 1574, 1492, 487, 2105, 2416, 1172, 1050, 1498, 623, 1572, 1436, 1458) 1510, 1443, 2124, 1698, 2750, 2728, 1509, Common’ PLuAs—FQuiry Trea—Held by Judgo Lar- remore,—Nos, 60, 68, 73, 69, 11, 12, 10, 19, 21, 35, 48, 62, 66, 5, 57. Matuyz Covrt—Triat Teem—Part 1—Held by Judge Alker,—Noa. $269, 3106, 3616, 5048, 0358, 8361, 3304, 3367, 8309, 8371, 3973, 3374, 3377, 8378, 8370, Part 2— Held by Judge Joachimsen.—Adjourned until Friday. Part 3—Held” by Judge Spaulaing.—Nos. 5160, 5161, 4805, 5208, 4526, 4749, 4979, 5209, 5215, 4427, 4728, 059, 6175, 5204, 6253. Covrr ‘or Gxxeran Sxssions—Hoid by Juage Sutherland.—The People vs, Eliza Attenhaln, man- planghter; Same vs Jullus Von Meyer and Throphil Weber, manslaughter; Same vs, William Johnson, burglary; “Same vs Joseph Connolly, and Thomas MeCarthy, robbery; Same ys. Adolph Weyman, burg- lary; Same vs. Michael Smith, burglary; Same vs. Ernest Rasmisan, grand larceny; Samo vs Dick Men- zir and William Dowd, grand larceny ; Same va. Joseph Thompson, grand ‘larceny; Same vs. Thomas Fallen, grand larceny; Saine va Hugh Park, grand’ larceny; Samo ' vs, Stephen W. Wilkins, forgery; Same’ vs. John W. Robinson, extortion; Same v& John Manning, larceny from the person; Same va. Patrick McNeaney, larceny from the person} Same vs. Jeremiah Lynch, ‘larceny from the person; Same va Charles B. Dudley, larceny from the person} Same va. Matthew Durrington, larceny from the person} Same vs, Peter Hollis, disorderly house; Same vs. Rich: ard Hoebn, disorderly house; Same vs. Thomas Morgan, larceny from the person; Saine vs, James Farrell and 1394, 2562, 2635, | Frank Farrell, gambling; Same va James Powers, as- sanltand battery. Court op OYER AND TrraiNer.—Hold by Judge Bar- rett.—The People vs. Thomas Sorrell, murder. UNITED STATES SUPREME COURT. Wasumarox, Oct. 13, 1875. No. 10. Edward Matthews, plaintiff in error, vs, Nel- son McStea.—The argument in this case was continued by Mr. J. H. Ashton, of counsel for the defendant in error, and concluded by Mr. W. M. Evarts, for the plaintiff in error. A No. 482 G W. Hopton, assignee, &c., plaintiff in error, vs. J. D, Tribdcock.—This case was submitted on printed argument by C. C. Nourse, of counsel for plaintiff in error, and by George G, Wright, for de- fendant in error, under the twentieth rule. y No. 1L Ophelia G. Burbank, widow, &c., appellant, vs. Ks B. Bigelow.—Passed. No. 12. G. D. Snow, &c., plaintiff in error, vs. George WxontR RS Sa Gren, spelt va George S. Rap 0. eyton a vs. George pler, ot al.—Passed. ratte 2 No. 16 Charles Weile, appellant, va. the United States.—Dismissed under the sixteenth rule. No, 17. The Chesapeake and Ohio Railroad Com- pany, plaintiff in error, va, Samuel Hearly, &c., et al.— Continued, No. 18. Elizabeth A. Lake, appellant, vs. Fred. Fitz- serald,— Dismissed, with costs, per stipulation, No, 22 Charles A. Nichols,’ assignee, appellant, va Amasa M. Eaton et al.—The argument of this cause was commenced by Horatto Rogers, of counsel for the appellant, and continued by Abraham Payne for appel- ees. Adjourned until to-morrow at twelve o'clock. “BEATING” THE BELL PUNCH Lewis TH. Merry, alias Harding; Robert W. Byron and Richard H. Bonnett, the three car conductors who wore arrested last week, on information furnished by Detective John F. Courtney and William H. Newellein- spector of the Broadway and Seventh Avenue Railroad, were brought up before Judge Wandell yes terday for examination. , The accusation against the prisoners was that they had defrauded the company by using duplicate bell similar to that connected with the “bell punch” furnished by the company. Richard H. Bonnett, one of the conductors testified yesteraay that he bought ono of the belis in question from Robert W. Byron in the latter part of August last, and Henry Chapman, another conductor, not arrested, testified that Byron offered him a similar bell for sale, but he refused to buy it. Judge Wandell concluded to hold the throemen— Byron, Bonnett and Merry—in $1,000 bail each to answer on a charge of conspiracy to defraud the Broad- way and Seventh Avenue Railroad Company. AN IMMATURE CITIZEN. Yesterday afternoon Robert Davis, of No. 8 Sixth avenue, was brought before Judge Bixby, at the Wash- ington Place Police Court, on acharge of attempted illegal registration. The complainant was George Hep- burn, Inspector in the Twenty-eighth Election district of the Fifth Assembly district. When asked by Judge Bixby on what he based the charge, Hepburn answered that Davis had not yet de- clared his intentions, though the prisoner produced a certificate from the Superior Court of his having been legally naturalized, Judge Bixby remanded the case till to-day for examination. A “BARON AND COMMISSIONER.” A Philadelphia sharper, named Henry Belteser, alias Ludwig Bernardi, was arrested in the Atlantic Garden, on the Bowery, yesterday, on acharge of swindling. He hired apartments at the corner bf Hudson and First streets, Hoboken, recently, stating that he was a Ger. man Baron and Government Commissioner to the Cen- tennial Exposition. He wormed into the confidence of a fellow countryman named Meyer, whom he decoyed to a low house in New York, and induced to deposit in his. hands $150 for sife keeping. The next night the ‘Baron’? cajoled his dupe simi. larly, obtaining his gold watch, chain and jewelry. Belteser then slipped Trom his company ‘and escaped through a rear door. He also induced the proprietor of the house m_ Hoboken to place five gold Tings in his hands. These he disposed of, not paying a penny to their owner. It is gall, farther, that he vic- timized the keepers of lager beer saloons and robbed people in Phiiadelphia, A getective from the latter city ‘was on here yesterday looking for the “Commission- er’’ at the same time that a Hoboken constable armed with a warrant was ascertaining his whereabouts. Tho accused was taken to the Quaker City, where he will be tried for his alloged offences in that quarter. NEW YORK NAUTICAL SCHOOL. ‘The annual examination by the Council of the Nau- tical School for the Port of New York, appointed by tho Chamber of Commerce, will take place on board the schoolship St. Marys, at the foot of Twenty-third street, East River, on Friday next, October 15, at ten o'clock A. M. THE JERSEY CITY FRAUDS. ‘The lesson of the indictment and conviction of the Police Commissioners of Jersey City few years ago for malfeasance in office seems to have been lost. A transaction similar to that for which the indictments were found has just come to light. A Hera reporter received yesterday a list of the police force in the Fourth precinct, showing the amounts for which tho men had been assessed for political purposes in order to sustain the present Ring in power. The Captain paid $15, six sergeants and roundsmen paid $11 each; thirty-three patrolmen, $10 each; one chanceman, $9, making a total of $420 from one of the five precincts. Throe of the men—Officers Duncan, Hull and Kennedy—refused to contribute and have been threatened with dismissal. Charges have already been preferred against Oflicor Kennedy. CAN WOMEN LEGALLY HOLD oF- FICE? ‘The recent opinion of Attorney General Vanatta, f New Jersey, that Mrs. Jones, keeper of the Hudson County Jail at Jersey City, is incompetent to hold that office legally, has given rise to considerable discussion, Mra, Jones has just received a letter from the Women Suffrage Society of New York criticising this opinion aud setting forth that this case furnishes an additional reason why women should be entitled to vote in order to secure the repeal of such unjust laws. It is urged that women should be as eligible to keep as to tenant j and {t is proposed to submit to the Attorney Gen the question whether, if women be eligible to jail as convicts but not as wardens, this exclusion exempts a de facto warden of the female sex from indictment and trial on the charge of malfeasance and official meanor, “THE LOST FOUND. Charles Osborne, soldier, whose mysterious disap- pearance from Whitestone, L. 1, was reported some time since, has at Iast been found. He has re-enlisted, and is now at the Arsenal, in Watertown, Muss. Julius Beckman, the saloon keeper, at whose place he was last seen in Whitestone, has been searching for him, with the above result, r. Beckman has not only secured the amount signed over to him on the missing man’s discharge rs, but has also #1 Boraeun CoceT—Cusuaxea—Held by Judce Law- in ing himeelf of the suspicion of having dealt foully with Osborne THE CASE OF THE DEPUTY ENGINEERS YATES AND BABCOCK—A LIVELY DISCUSSION 48 TO THE JURISDICTION OF THE BOARD—THE LIEUTENANT GOVEBNOR MOVES THE DISMISSAL OF THE ENGINEERS—MOTION LOST-—YATES AND BABCOCK TO BE TRIED BY THE BOARD ON MONDAY. Apany, N. Y., Oct. 13, 1876. ‘The Canal Board met to-day at half-past ten A. M. ‘Treasurer Raines oftered the following preamble and resolutions :— Whereas the constitution of the State provides that (article 5 9) the Rowers and dution of uw renpective boards Such ne now are or pitta te pesiminetie fan, ont whoroas chapter 72, Laws of, 1848, in Torred upon the Oadal Board she proves of Peetn eee ard sistant pied pate | rary suspensions: and whereas by ® subsequont enact. iment, chapter 877, Lawy of 1800, the’ Logialatave nithiney from ‘the Canal Board the power to appoint “during its jeasure," and also the authority to yer define the luties of the Engineer's Department and at the same time conferred upon the Canal Commissioner in special charge of @ division, the concurrence of the Stnte Engineer, power to remove — for engineer. et such division, plo; on Y om ‘engineer could be brought 1 Board; and whereas the Canal states to suspend any upon charges preferred cause any method b; hich to trial fore. Cr State Engineor: an ‘the Commiasionor in special charge of the astern division and ineer have noither preferred charges inst nded the division nor resident engineer of mn; therefore, Resolved, That this Board declares that it has no jurisdic- diction in the matter of the alleged frauds of the engineers on the Eastern division, Attorney General Pratt said that would make short work of it, “ Lieutenant Governor Dorsheimer satd it would if they agreed to the resdlution, but it would not be done with his vote, Hoe inquired of the Attorney General what his opinion was on the question, Attorney General Pratt said he had not examined the question carefully and declined to give a ruling. Tho proceedings thus far were not altogether regu- r. ‘The Chairman put a motion to lay the resolution on the table and deelared it carried, He then inquired whether the engineers wished to be tried separately or together, Mr. Yates said he would prefer a separate trial for form’s sake, although the testimony taken referred to himself and Mr, Babcock. Treasurer Raines said before any proceedings were taken there was an important question to be decided— whether they had any jurisdiction of the matter. They had been toid by the Attorney General that things wero not exactly regular so far as they had gone, and yet they proposed now to investigate charges that, if he understood the law, were not properly made, and, if he was right, it belonged to the Board of Canal Commis- sioners and the State Engineer. Another important question to be considered was whether that Board was responsible for the acts of the engineers for the pl two years, and he moved take the resolution from the table. Carried. Canal Commissioner Stroud would like to have the opinion of the Attorney General on that subject. ‘Attorney General he was not prepared to | Hho an opinion on the matter, but if it was referred to im he should be happy to examine the law and report upon it, They were atastage when it was necessary to act up to the strict construction of the law, and he was not prepared to give an opinion as to the con- straction of the statute before examining it His depaty had examined into the statute. easurer Raines—Another matter, We are proceed- ing to the trial of these engineers without cither the State Engineer or the Commissioner of the Eastern division being present I do not know for what cause, The Chairman—It was stated here this morn- ing that the sickness of the Commissioner's wil which threatens her death at any mo ment, renders his absence compulsory. But why Mr. Sweet was absent Ido not know. The Treasurer knows the Board has fa tel to compel their attendance. The Comptroller is absent. Treasurer Raines—{ merely raise the question of propriety. 1move to refer the resoiution to the At- iia eral for him to report at three o’clock. Car- n The Chairman remarked that he voted to refer the question on the ground that tf there ts any question of law involved it should be examined by the Attorney General and have his report. ‘Treasurer Raines then moved that the Board take a recess until three o'clock. Carried. The Board reassembled at half-past three P. M. Attorney General Pratt reported a question of juris diction ramed by Treasurer Raines. The Attorney enaee gave it as his opinion that the Board had juris- ction. Treasurer Raines protested against the continuation of the proceeding in the manner in which it had been commenced and argued at length, citing several laws on the subject against the power of the Board to proceed ‘until the State Engineer and Commissioner tp charge took action and for reported charges. He declared he wonld not sit in tl and take part in proceed- ings which to his mind were clearly in violation of the statute He asked why it was that these charges wero made by outside parties (referring to the Investigating Commission) without the State Engineer and Commuis- sioner saying a word as to their truth or falsity, Lieutenant Governor Dorsheimer suggested that a simple removal of these suspended. officials might be Se ea pemaney tic the Seaeeeaoe ‘the pe tage them. ay were Sipe ie 7% complications, ani was the duty o! OE on i ey were guilty of a 8 offence, t! sane na drunkenness, These offloars, he said, may be innocent, That was for the Courts to say. But so far ‘as the Board was concerned was it not its duty to dismiss them? He moved that John B. Yates and Stephen BE Babcock be removed. This motion gave rise to debate between the Treasurer and the Lieutenant Governor, in which the above points were reiterated and strength- ened on both sides * Treasurer Raines moved a substitute as follows:— Resolved—That the State Engineer and Commissioner in charge are hereby reqnested to report to this Board with reference to the truth or falsity of these charges, and in the m™ time they remain suspended. This was lost by a vote of one to six. The Attorney General said when this matter Drought up he supposed there was to be an tion, As tothe complaint against these offic 0 desired to say it was served and issued ‘eihot any consultation with him at all He did not and could not take statemonts of the Investigating Commission with- outexamination. He called attention to the sixth report issued by that Commission, in which the position Is taken that all work on the Champlain Canal required new surveys, maps, &c. “Now,” said he, ‘there is no law for this at all.’ There was no statute requiring new surveys to be made, as the Commission claims. As to the charges against these engineers he thought it no more than fair that they showid be given a hearing. He therefore moved an amendment to the Lieutenant Governor's resolution that the trial be suspended till the case brought before the Courts involving them is decided, and im the meantime they remain suspended. Treasurer Raines was opposed to this, Tt would be construed as evading the question, dodging the issue of trying the charges brought against these enginoers, Judge Yates, counsel for bis brother, then addressed the Board at some length with much feeling, and de- nouneed in severe terms the proposition to dismiss these men without a hearing. Lientenant Governor Dorsheimer replied, insisting that it was not his intention to condemn these men by removing them. He thought they had become so in- volved, guilty or innocent, as to make it necessary for the Board to remove them. This the Board has powor to do, and it has been {ts practice heretofore, even in matters of politics. What he wanted to do was simply to get rid of men who became tainted. He hoped they would be able to establish their innocence, though he did not expect they could. Thoir guilt or innocence could be established in the Court where their cases were. Mr, Hamilton Harris, counsel for the engineers, said that the trial referred to did not involve these gentle- men, There were no charges made against them. They were against other parties, The point was that this Board had invited these men to come hore and de- fond themselves against charges made against thom by third parties, and to adopt this rosolution would be simply @ condemnation of them without tho hearing tendered them. He was satisfied that they could prove their innocence if accorded this bearing, and he hoped, in fairness, it would be given them. Lieutenant Governor Dorsheimer—Well, I will with- draw my resolution. Attorney General Pratt—So will I, then. Considerable conversation was then had as to when and how the investigation should proceed, when it was finally determined to have witnesses examined instead of reading their testimony as given bofore the investi- gating committee, and that the investigation should commence on Monday next at three P. M. Lieutenant Governor Dorsheimer reported in favor of suspending the work in Black Rock Harbor, which was agreed to, The Board then adjourned to Monday next at three SINGULAR DEATH AT WHITE PLALNS. ‘The sudden death (under peculiar circumstances) of Francis H. Powell, railroad station agent at White Piains, Westchester county, was the all-absorbing topic of conversation among the residents of that place yes- terday, Deceased, who was about twenty-five years old, Noa of sorupalously steady habits, rotired s ap- ly good healt! on Monday nigh and next morning when called to breakfast was found to be unconscious, Medical ald was 8] ily summon bot he never railed and died rtly after ten A. An autopsy was subsequentl made by three physicians, who, alver a thorough exam nation of the cerebrum, announced that death had been by congestion of the brain, superinduced by extreme nervous excitement, This latter can only be accounted for by the ctroumstance that deceased was to have been married at three o'clock In the afternoon of the day on which he died. A SINGULAR SCHOOL TRUSTEE. At the annual school election in Mount Kisco, West- chester county, on Tuesday evening, the public school ‘at that place was organized intoa Union Free Schook A republican board of education, consisting of five mem- bers, was elected, one of its members boing a colored man namod Bristow 0, Francis, who, it is can neither read nor write, and who has just been dis- for assault and battery. ebarged from the county jail, where he served a term + toons THE POLICE COMMISSIONERS. SER Counsel of Mes Matsell and Dis- becker Before the Mayor. ehcmcenpiiceta Postponement cf a Hearing Until Friday Next. MORE CHARGES PREFERRED, Mayor Wickham in his comniunications sent to the Police Commissioners asking for their resignation, gave them until yesterday to reply. The letters of Commissioners Smith and Voorhis tendering their re- signations wore transmitted to the Mayor and published in Tuesday’s Herat, A few minutes after clevem o'clock yesterday Mr. John HE Strahan entered the Mayor's office and announced hunself as the legal representative of Police Commissioner Disbecker. Ha Tequested an adjournment of the caso of his client until Friday, the 15th inst., at two o’clock in the afternoon. Later in the day this request was put in writing and ac- ceded to by the Mayor. At twelve o'clock Commissioner Matsell appeared with hiscounsel, Mr, E. T. Gerry, The latter gentle man announced to Mayor Wickham his professional re- lationship with Mr, Matsell A short conversation: then ensued as to the method of procedure, when the following written proposition was submitted :— THN PROPOSITION, To Hon, Wruitam H. Wioxnam, Mayor, &o, :— Understanding that the appointment for the appear- ance of Mr. Commissioner Disbecker has been changed to the 16th inst, at two o’clock P, M., I think it would economize the time of Your Honor to make a similar postponement in my case, and respectfully ask thas Rach change may be made. Very res) ctuly GEORGE W. MATSELL, Police Commissioner and President of the Board. New Yorx, Oct, 13, 1875. ‘The following answer was then drawn up by the Mayor:— Executive Department, Crry Hat, Naw York, Oct. 13, 1875. Hon. Gronas W. Marsxut, Police Commissioner, &c. :—~ Sim—I have received your communication ‘of this date requesting an adjournment to the 15th inst., at two ololock FM.) of the hearing heretofore ‘set down for to-day, at twelve o'clock M. In compliance with your request the adjournment is made to the date and hour indicated, but you are now notified that shall expect "the ‘hearing. to proceed at the time indicated, and to be then concluded with- out further adjournment, and as the hour solicited you is inthe afternoon I hereby roquest that sucl Statement or discussion as you may then in person oF by counsel desiro to make be made in writing Very reg; ly, ‘WILLIAM H. WICKHAM, Mayor. FURTHER CHARGES AGAINST THE COMMISSIONERS, The drawing up and service of the above document concluded all formalities yesterday relative to the Police Commissioners continuing, so far as the Mayor is concerned. Daring the day other charges were submitted against the Commisajoners, of which the following are copies:— THE SALOON KEEPERS’ COMPLAINT. . To Hon, Woatam H. Wr Mayor, &o, ‘The undersigned committe, on behalf of the New York Saloon Keepers’ Union, respectfully submit to Your Honor the grievances and wrongs committed against them by the Police Department this city in arresting a number of their .members for alleged cha in selling wines, ale and beer without license, who already applied for their licenses and paid the amount required by law to the Excise Board and had receipts in their possession for the same. Said receipts were not recognized a the police authorities, and the said saloon keepers, old and respectable citizens, were to the different police stations and there con- fined with common felous. When brought be fore tho police magistrates on the morn: following they were at once dischapged the police rimanded. We, | therefore, | re spectfully pray that Your Honor, as the Chief Magis- trate of the Empire City, will kindly assist us in having _ these wrongs redressed and our rights upheld as cith zens of the State of New York. GEORGE W. SAUER. CHARLES BROSSING. PHILIP HUFMEYEL. ALBERT GALBERNAN. JOHN MESSINGER, New York, Oct 11, 1875. LIQUOR DEALERS ON THR WARPATH. The liquor dealers have also a complaint to lodge against the Commissioners, as will be seen from the following letter :— New York, Oct. 13, 1875. ae cig H. Wicxuam, Mayor of the City of New ork:— The unde. ned, a citizen of the United States, re siding in the of New York and carrying on bush ness in said city, does herewith prefer cbarges against the Police Commissioners of New York, viz. :—That on the Ist day of October, 1875, by order of the said Police Commissioners of the City of New York, numerous citizens were arbitrarily and with force arrested and deprived of their legal rights as citizens of the United States, and said citizens were brought beforeacommitting magistrate at the Tombs, and said acts were all com- mitted without due process of law, and said citizens were arrested for violating the Excise law when in fact each of them had paid his excise fee to the Board of Excise Commissioners of the city of New York, and conformed to the law as ribed by said Excise sioners; all of which the Police Commissioners and tho varlous captains who caused the arrest of said citizens knew, and had received information as to the issuing of such receipts by said Board of Ex- cise Commissionera. The undersigned further al- Jeges that the Board of Police Commissioners of the City of New York caused the arrest of said citi- zons through the captains of the various precincts, aud eaid outrages were committed maliciously for the pur- pose of harassing, tormenting and endeavoring to in- jure respectabig and quiet citizens in their legitimate business; and the undersigned further alleges that all of said outrages and unlawful acts were renewed on the part of the Police Commasivners, through the captaing of the various precincts, after having been warned and informed by Police Justices Duffy and Otterbourg, at the Tombs, that a citizen could not be arresteé who was in possession of a receipt from the Board of Excise Commissioners of the city of New York, and atter re- ceiving said warning and instructions from the police justices the Police Commissioners of the city of New ‘York persisted in proceeding to arrest citizens and to violate the law and the rights of citizens. 1 therefore hope that Your Honor will lnvestigate these charges an tme anearly hearing. Yours respectfully, gis M. HERZBERG, In behalf of the New York Liquor Dealers’ Protective Union. OFFICIAL TILTING. COMPTROLLER GREEN ASKS A NUMBER OF ECONOMIC CONUNDRUMS—MAYOR WICKHAM ALSO AS A QUESTIONER. Comptroller Green wrote to Mayor Wickham yester- day, calling his attention to the purpose of the Depart ment of Public Parks to commence work on Riverside Park “against the voice and vote of its respected Pres dent.” He traces the motives of the Board to a com. dination between real estate speculators and politicians, charging that it is sought te employ more men as the election approaches. The same influences, he says, are at work to persuade the citf to buy a 100 acre parade groun while there is not sufficient school room for the chik dren of the city, and the taxpayers opposing a further outlay for the erection of buildings to accommodate them. Ho asks, “Should wo spend our money and mortgage our property for more finery and millinery work when the mass of our industrial population cam scarcely get money to pay their taxes or bread to feed their families ?” Suggesting a continuance of only such city improvements a3 are actually needed for the com- fort of the city and the fostering of commerce, and ob- serving that this action of jepartment is not dic- tated by wise considerations of the public interests, he concludes with an earnest protest against it. The Mayor, on receipt of this communication, wrote to Prosident Stebbins, of the Department of Parks, in- quiring about the matter, and a reply came informing bim that the Board agreed on the of September ta continue some unfinished works. In furtherance of the ultimate design of Riverside Park it was determined to employ fifty or sixty men for five or six weeks to strip the upper goil from the proposed roads and drives. No further work was meditated, and this will be discon- tinued when the frost comes, This information Mayor Wickham in return sent to the Comptroller, comment ing, in the beginning of his letter, upon the strange fact that.Mr. Green’s letter, fresh from the copying press, should bear a date Lng Rae t becker Minced led Fee He is informed, ho adds, a joner 8, that, the poets authorized to be expended on this park does not exceed $15,000. Referring to another subject, Mayor Wickham concludes his letter with @ request that Comptroller Green shall furnish him proofs of accusations made against the Commissioner of Pub- Me Works, on which subject he bad already written to him twice since receiving charges against the Commis- sioner over Mr. Green's signature, NEW PUBLIC ADMINISTRATOR. Mr, Algernon 8. Sullivan, has been appointed Publie Administrator in place of Mr, Isaac Dayton. He was esterday sworn into office before Judge Brady, of the Supreme Court. A WINDFALL. Mr. Henry Brost, once an attorney's clerk at Geneva, Switzerland, and subsequently @ captain in the Con- federate arm} according to a letter received eee nani, of No, @80 eoadway, inherived” about The genticinan has not, however, been ince tha conclusion of the wary !