The New York Herald Newspaper, October 16, 1875, Page 11

“THE COURTS. Tweed’s Answer in the Six- Million Suit. HIS OFFICAL ACTS AS EXPLAINED BY HIMSELR, More Developments in the Great Bond Forgery Case. STARTLING ASSAULT ON THE JUDICIARY. The Duncap, Sherman & Co. Ar- rest Proceedings. In one of Its recent decisions the Supreme Court, General Term, fixed the time allowed William M. Tweed to file bis answer in the civil suit brought against him by The People to recover $6,000,000 at seven days, ‘The time thus allowed expired yesterday, and promptly on time Mr. Field, of counsel for defendant, served the answer on Attorney General Pratt. Tho follow- ing is the answer in full, which explains itself:— TWERD’S ANSWER, ScrRean Count—The People of the State of New York ¥s. Witnam 3. Tweed ana the Mayor, Aldermen and Communalty of the city of New York. The defendant, William M. Tweed, complaint as follows:— First—For a first defence— 1. That on the 26th of April, 1870, Abraham Oake; Hall was Mayor of the city of Mew York, and Richard Connolly Comptroller thereof; and so continued to the éud of 1870, and on the aid 26th of April an act was passed by the Legislature of the State, containing a sec- tion of the general purport mentioned in the complaint, but for greater accuracy this defendant refers to the act itself. 2, That this defendant and James Watson, now de- ceased, never did combine, conspire or agree together, us alleged in the said complaint, 3, That between tho 26th of April, 1870, and the 2d of September, 1870, Nabilities against the county of New | York, incurred prior to the 26th of April, 1870, were certified and audited in conformity with the provisions of the alleged act, but whether the amount of the claims so certified or andited ts truly stated in the said complaint or amounted in the te to the sum therein mentioned, or whether the schedule annexed to said complaint, marked ‘*A,"’ contains a true speci- fication of the persons in whose favor such liabilities | were certified or audited, or of the amount of the audits severally made, or whether the claims in said schedule marked ‘A’? were in fact certified or audited jn favor of the persons or for the sums therein stated, or whether warrants for the payment thereof were issued, or whether said schedule contains the date of alleged issue of such challenged warrants, or any other true particulars this defendant has no knowledge or in- formation sufficient to form a belief. 4, That this defendant has no knowledge or informa- tion sufficient to form a belief whether the Comptroller of the city of New York for the purposes stated in the complaint or any other purpose caused to be issued the | bonds in said complaint mentioned or obtained from purchasers thereof during the period in the complaint stated or any other period, the amount in the com- plaint stated or whether the amounts stated in the complaint alleged to have been received from the Yaetie alleged to have been issued were deposited in the bank orto the credit of the account in the com- plaint mentioned, or to the credit of any other account, or whether the moneys inthe complaint alleged to hhave been so deposite «or other moneys in the complaint stated were drawn out of said bank, as in the complaint alleged, but this defendant on in- | formation and belief alleges that it was the duty of the | Comptroller to aeposit the proceeds of the bonds sold | | | | by himand the moneys obtained from purchasers thereof, in the National Broadway Bank of the city of New York, to the credit of an account kept by the Chamberlain of the said city as County Treasurer of the said county, and that all moneys received from the sale of bonds by said Comptroller and deposited by him were, in compliance witn statute and usual mode of official proceeding in the sald city, deposited in said Dank to the credit of said County ‘Treasurer, and t Donds issued and sold by him were obligations of the county of New York, for which the suid county was Liable, and which it 'was legally bound to pay, and all | moneys realized from the disposition or sale of any | bones issued*under and in pursuance ot the act of | Legislature of April 26, 1870, heretofore referred to, | were the moneys of the’ county of New York, and that the plaintiffs herein have at no time had any interest in said bonds or in said moneys, or in any of the bonds or woneys in the complaint mentioned. 5. Phat on the 26th of April, 1870, and thence and until his death, James Watson wis County Auditor of the county of New York; as such County Auditor it was the duty of said Watson to examine and certify, allow and audit all claims against the county of New York, and on said 26th of April, 1870, and until the 4th of July, 1870, Joseph B. Young was Clerk of the Board of Supervisors of the county of New York. 6. That a paper of the general character of the paper in said complaint mentioned, dated May 5, 1870, was signed by the several parties, in that behalf stated in the complaint, and the certiticate of allowance and audit used by the auditors mentioned in the said act of 26th | | of April, 1870, was substantially in the form of the | certilicate mentioned in Schedule “C,” annexed | to the complaint, and wargnts, when issued, | were issued by the direction of the | Comptroller and signed by him, and countersigned b: the Mayor and by the Clerk of the Board of Superv sors, but whether said paper dated May 5, 1870, is cor- rectly set forth in the complaint, or whether said wai rants were in the form of schedule “D” annexed to said complaint, or how or in what manner, or by whom ments were made of such warrants, this defendant > knowledge or information suflicient to form a ef. ‘That this defendant was never President of tho | Board of Supervisors, as there was no such office; but he was Chairman of that Board on the 26th of April, 1870, and so continued until the 4th of July thereafter 3. That this defeudant bas no knowledge or intorm: tion sufficient to form a belief! whether the Mayor, Al- dermen and Commonalty of the city of New York set up of pretend to any right or Interest in the premises, ept that they have an action now pending against 1 for substautially the same alleged cause of action. 9. This defendant denies each and every allegation of | the said complaint not herein before specifically and expressly answered, admitted or denied, Second—And for a further and second defence this | deponent alleges, on information and belief, that the county of New York 13 a body corporate and politic, aud should be made a party to this action, and there is a defect of partics by reason of the omission to make the said county of New York a party defendant thereto, Third—And for a further aud third defence this de- fendant alleges, on information and belief, that three other civil actions against him for the samp alloged cause of action were commenced before the commence- ment of this action, and were pending, undetermined, when this action was commenced, and’ are still pend: ing; that is to say, one action by the present pinintiffs, another by the Mayor, Aldermen and Commonalty 0’ the city of New York, and another by the Board of Su- | pervisors of the county of New York. Fourth—And for a further and fourth defence this detendant alleges, on information and belief that the plaintiffs in this action, before the commencement thereof, entered into reements severally with An- drew J. Garvey, John H. Keyser, J. McBride Davidson, and by which the said Garvey, Keyser and Davidson have beon each relieved from each and every cause of action against them, or any of them, arising out of the pretended transactions mentioned or referred to in the | said coroplaint or in the schedules thereto annexed, #i/th—And tor a further and separate ana fifth de- fence this defendant alleges, upon information and be- hef that after the time of the alleged transactions men- tioned in the complaint John H. Keyser, mentioned in | the schedule thereto annexed, cuted to one Jackson &. Schultz, an assigument of a large amount of prop- | erty in trust, to convert the same into money and pay | the money to the county of New. York ou account of the money ‘alleged to have been by him roceived upon tho warrants mentioned in the complaint, which {8 @ portion of the money sought to be recovered from this defendant, in this ac- tion, and the said Schultz accepted the said assignment, 4 executed the trust and paid over to the said county a large sum of money on account th That amon; the pro im of the said Keyser Prosecuted | aud collected trom this defendant by Francis C. Bar. low, the Attorney General of the State of New York, who collected thé same on behalf of the plaintifs or of the county or city of New York, and this defendant asks for an accounting of the moneys so collected and paid over, and claims and insists that they should be deducted from any amount which may be recoverable against this defendunt, by reason of the matters alloged in the complaint, FIELD & DEYO, | Attornoys for defendant William M. Tweed. City and County of New York, 88.:— William M. Tweed being duly sworn says that tho foregoing answer is true to bis own knowledge, except as to those matters Stated on information and belicf aud as to those matters he bolieve: ie, ILLIAM M, TWEED, WILL Sworn to before mo this 14th day of October, 1875, b. Strarroy, Notary Public, New York county. LETTER TO THR ATTORNEY GENERAL. Accompanying the foregoing answer is a notice ®erved on the Attorney General by counsel for Tweed, as follows:— Scraeme Covrt.—The People of the State of Now York vs. William M. Tweed, impleaded with tho Mayor, Aldermen and Commonalty of the City of New York, Sin—This .answor is served cause the defendant has not t the present time be- able to obtain a stay Ol proceedings pending his appeal to the Court of Appeals, from the order of the General Term, dated the 8th ini t the defendant does not thereby warvo his said appeal, nor his right to withdraw the answer if the uppeal is decided in his favor, Yours, FIELD & DE Attorneys for Defendant, WilliameM. Tweed. To Daxixi Prarr, ney ( Piain. ufr's Atorncy, 'sq., Attorney General and Piain New You, Oct, 15, 1875, NEXT STEP IN THE PROGRAMME. As (he matiar kianda notwithstanding the above notl- &e. Yo," L NEW fication to the Attorney General, it seems highly proba- ble that the case of Mr. Tweed must come to trial be- fore the Supreme Court, Cireuit, at the commencement of the November term. It is possible, however, that a continuation of the strategic skirmishing so success- fully practised heretofore may be further made with like success, This remains to be seen, THE ONE MILLION BOND FORGERY. In the Superior Court of this city there was reached and in readiness for trial yesterday the caso of the New York Guaranty and Indemnity Company vs, Andrew L, Roberts, Frank Gleason and others, Tho suit is brought to recover $75,000 advanced as a loan upon forged bonds as collateral, and the pleadings and other documents connected therewith disclose a system of organized crime bordering on the romantic. In the years 1871 and 1872 and a part of 1873 there might be seen around Wall street a man of medium height, fair complexion, light blue eyes, auburn hair and whiskers, high forehead and of gentlemanly and business-like appearance. He had an ofce in the vicinity of Wall street, and, holding himself out as a gentleman of means and occasionally dabbling in stocks when @ favorable opportuptty occurred, he bought and sold securities for cash, ana thus familiarized himself among the business "9 ize iocality Under tho name of Charles Ralston. In the latter part of the summer of 1878 the financial portion of the community were startled by the announcement, then exclusively made in the Hxratp, that forged bonds to an amount reach- Ing nearly $600,000 had been successfully negotiated in the market, These forgeries were of bonds of the Buf- falo, New York and Erie Railroad Company, the New York Central and Hudson River Railroad Company and the Western Union Telegraph Company, and the actual amount executed exceeded $1,000,000. Some of them were negotiated in Europe, and the amount negotiated in this city, so far as the sufferers were willing to ad- mit their losses, was over $300,000, the largest amounts having been obtained fromthe National Trust Com. pany, the-New York Guaranty and Indemnity Com. pany, Saunders & Hardenberg, Cyrus Baker, Obrig & Co, aud Hanna Brothers. Soon after the discovery of these forgeries and the negotiation of tho bonds their origin was traced to Andrew L. Roberts, Valentine alias Frank Gleason, Spence Pettis, Waiter A. Sheridan alias (Charles Ralston and Henry 8. Corp. Sheridan, alias won, the Wall street operator, who ne- gotiated the bonds, ficd to Belgium, carrying with him proceeds of bis crimes estimated at nearly $200,000. Spence Pettis also fled, but was subsequently arrested and convicted in Boston of negotiating a $5,000 bond with Bolles Brothers of that city, and is now naerey Hie a sentence there of ten years’ imprisonment. Roberts, Gleason and the en- graver were arrested and indicted in this city. The en- raver claimed ignorance of the use which was to have Boon made of his work, was accepted as @ witness for the people and testified as such against Roberts on a trial of the latter in the Court of Oyer and Termi- ner which resulted in a disagreement of the jury. Sub- sequently civil suits were commenced agatnst all the artic including the wives of Roberts and Gleason, yne of these suits, brought by the National Union ‘Trust Company to recover $30, was tried during the past spring and resulted in @ verdict against all the defendants (except one named Gotlieb Enjels, against whom issue had not been joined), for $36,000, Upon that trial was presented the novel feature in le- gal proceedings of using. the testimony of an unpar- doned convict—Spence Pettis having testified by com- mission against his associates. The admission of the testimony was on the ground that it was taken in the Btate of Massachusetts, where such testimony is ac- cepted for what itis worth. Soon after the conclusion of that trial an order of, arrest was issued in the pres- ent suit by Judge Van Vorst,. of the Superior Court, under which Roberts and Gleason have been since imprisoned in Ludlow Street Jail, in default of bail in the sum of $85,000. The papers connected with the case show that the first venture of Shoridan, alias Ralston, the financial agent of the conspirators, was with the National Trust Company, and that ho effected a loan of $30,000 there on pretended bonds of the Buffalo, New York and Erie Company, by means of a forged letter of one of the trustees, Mr. Jobn A. Fellows, to Mr. Mangum, the President of the com- pangs FO well imitated was the handwriting and signa- ture of Mr. Feliows that it deceived both the President and several of the directors of the company. The let- ter was presented on the day succeeding that on which Mr. Fellows had left for Saratoga, and, besides intro- ducing Ralston, recommended a loan on the bonds of- fered. The President of the company immediately sought out Mr. Fellows, but, learned that he had left for Sa a on the previous day, and the letter being then shown to several of the directors, the loan was recommended by them, and made by the President. With this as a basis a loan was then readily effected with the plaintifls in the present case, In effect- ing these loans Ralston seemed to be in as little hurry as he was slow and circumspect in speech, He would call on the parties, stating that he contemplated some operations within a few weeks, and ask if he might count upon a loan upon such and such securities and at what rate. The character of the collateral being ap- roved and the proximate rate fixed, he would take his Yove, and, in an offhand, business-like manner, say jain if he decided to enter into his con- tions. At the end of a week orten days he would call again, complete his arrangements and secure his loan, These civil suits have been con- tested with great persistency on both sides, the plain- tiffs being represented by Mr. Algernon 8. Sullivan, William Wirt Hewett and Mr. Elliott, and the defend- ants by ex-Recorder Smith and Messrs, Beach and Brown; but to the defendants, who relied much on the disagreement of the jury in the criminal prosecution against Roberts, the verdict rendered in the former suit was a sore disappointment. After Roberts and Gleason had been sately lodged in Ludlow Street Jail under Judge Van Vorst’s order of arrest the plaintifis’ attorneys set themselves to discover property belong: ing to the defendants which might be applied in pay- ment of the judgment in favor of the National Trust Company and of any judgment which might be ob- tained in this action. in this they were successful to the extent of about $110,000, Learning that there were boxes contaming special jeposits in the names of the wives of Roberts and Gleason in the Stuyvesant Safe Deposit Com- pany, a search warrant was obtained, by virtue ‘of which the box was broken open and in’ It was found bonds and cash amounting to the sum named, the cash being about $15,000. Out of this, after satisfying the he could call templated o judgment of the National Trust Company, there still | Femaius about $70,000 to apply on future’ judginents, When the case was ci parties announced themselves ready, but as the trial in the former case had occupied tareé weeks it was plain to the Court that this could not be completed during | the present term, and on this ground it was put over until next term. It is claimed, from information coming to the plain- tiffs’ counsel, that Pettis, the main witness, now in prison in Massachusctts, ‘is innocent of the crime of which he was convicted; and Pettis himself claims that he was convicted through the efforts of Roberts and Gleason to prevent his being a witness aguinst them, | and that Bidwell, the London forger, when arrested in Havana, admitted he bad done the act for which Pettis was convicted. Before the former trial a strong effort was made to procure the pardon of Pettis, | such effort being backed by District Attorney Phelps and Governor Dix. But the application was denied on the ground, as plaintiffs believe, that the Governor and Council of Massachusetts thought it was made in the interests of private bankers in this city seeking to re- cover their money. This application is now being re- newed, backed by Governor Tilden and the bankers of Boston, as well as of this city, who deem it legitimate and in the interest of justice to use the testimony of Pettis to break up a gang of forgers, reputed of great wealth and dangerous cunning and ability, AN IRATE LAWYER. In December last a receiver was appointed in the sult of Heatherton vs. Hastings, the suit upon which such receiver was appointed growing out of a contract to do the plumbing work on the new Post Office building. Mr. Ira Shafer, counsel for Hastings, appealed from the order of the General Term. The case has not yet been tried nor any steps taken on it further than the putting in an answer by the defendant, Mr. Samuel G, Courtney, counsel for Heatherton, moved before Judge Lawrence in Supreme Court, Chambers, yesterday, for $300 counsel fee for himself and $200 for Mr, Shafer, Mr. Shafer, in opposing the motion, made the follow. | Ing speech, the peculiarity of which explains iteelf;— “I am very much embarrassed,” bogan Mr. Shafer, “as to whattodo, In 1858 Jadge Barnard made an allowance to me and others as counsel in a case, and after Judge Barnard was impeached and it was fash- jonable to ran down everybody who had been friendly to or in any way associated with bim an action was brought against me and others to whom the allowance had been maae, charging fraud and calling on us to account. Judge Van Brunt, before whom the case came for trial, dismissed the complaint, After that he plaintiff in that action made a motion before Judge ‘ancher, in Chambers, to compel an accounting. a‘hoaring Judge Fancher denied the motion, The plaintiff appealed from the judgment and from the order to the General’ Term, where Judge Van Brunt’s decision was affir and Judge Fancher’s order reversed. The de- cision, being fiversttoparg, was not apptalable to the Court of Appeals, In reversing that decision, which was the same aa that by Judge Van Brunt, the General Term took occasion to severely criticise myself and others. Your Honor occupies a proud and dis- tinguished position upon tho Bench; but it may be Grau erties years feed to run you down, In the money being paid me, judging from the past, if you should be run down, pi ts may brought against me charging fraud and another opp tunity may be given Justice Davis, whom I regard a8 a perfectly infamous judge, apd his associate Justice Janiels, whom I regard as a mere spaniel in the hands of Justice Davis, again to criticise me, I refuse to run this risk. TI refuse to take a cent myself, and I deny Your Honor’s jurisdiction to award either of us any- tb oy } thing at this stage, ”? Alter the above speech, which took much less time to make than to write tt, and which fell like a thunderclap upon the large crowd present in the court at the time, there was intense silence, and the eyes of the attending lawyers reverted from Mr. Shaler to Judge Lawrence." But perfectly sphinx-like sat the Judge on the be There ves ho word of rebuke, and Mr. Shafer left the court room, It was stated, in justi- fication of Judge Lawrence's silence, that he’ did pot caieh the tenor of Mr. Shafer’s remarks, being occupied at the time with other business, Othors asserk ed for trial yesterday both | however, that Judge Lawrence fully comprehended what he said and that the end will not be here. DUNCAN, SHERMAN & CO. A few days since, as already stated, Judge Lawrence, holding Supreme Court, Chambers, issued orders of ar- rest against the individual members of the firm of Dun- can, Sherman & Uo, These orders were granted upon an ex parte statement of Washington Roebelling and others, that on the 2ist of last July they bought at the banking house of Duncan, Sherman & Co., in thia city, a bill of exchange for $2,000, payable at the Union Bank of London, England; that this bill of exchapgs was im- mediately sent by steamer and was any presented at the bank, and protested, on the ground that there were no funds in the bank to moot it, Bail was promptly given, and the apéyer of Duncan, Sherman & Co. to tho charge of fraud is that at the time of selling the bill of exchange they bed $30,000 to their credit im the bank named, On the motion to vacate the order of arrest, the case camo up yosterday before Judge Lawrence, when Mr. Henry - orange, counsel for plaintiffs, moved a postpone- ment 60 as to hea § opportunity to reply to new mat- ters embodied in the answering affidavits, and also, if deemed necessary, to allow time to send to London for affidavits to show the falsity of some of the statements Contained in the now aii unt wuruge Lawrence remark: at the plaintiffs should be prepared to sustain the allegations made in their own affidavits, Mr. Morange replied that he was ready to sustain every allegation in his affidavit, but was not ready to reply to new matter suddenly sprung upon them, although such new matter amounted really to almos' nothing, because of the physical impossibility of his clients to send the bili of exchange to London by cable, He said that the money should have been there to meet the bill of exchange by due course of mail, the letter having been sent immediately by steamer. Judge Lawrence stated that he did not know of any [patie compelling the sending for aflidavits to indostan, Mr. Morange took this bit of sarcasm evidently good maturedly, or else failed to see ita import, for he in- sisted that an answer could be obtained from London about as speedily as from New Orleans, and promised to lave his answering affidavits back within three weeks. Mr. Laroque, on behalf of Duncan, Sherman & Co., insisted, with a good deal of warmth, that these arrests were wholly unjustiflable; that he ‘would like to have the matter disposed of at once; that this was a matter greatly affecting his cilents, whose characters for in- legrity stood unim hed ‘n the community, whose names were beyond reproach and whose reputations could not be impugned by any one, He then went on to say that orders of arrest had been obtained against each personally; that each had given separate under- takings; that the opposing counsel had excepted to the senses although knowing that they were perfootly e Mr, Morange insisted that Duncan, Sherman & Co, should be treated the same as if their names were John Smith and Timothy Jones; that their names should have no greater spell or influence than others accused that he had excepted to the sureties because he believed no code authorized him to do so, and fur- ther that the statutes ed him to reply to any such matters contained tn the answering affidavits, Judge Lawrence said that in the eyes of the law all men were alike; that the rich and the poor stood on the same platform. He, however, would adjourn the motion until next Monday to consider the question whether there was any precedent permitting him on a motion to vacate an order of arrest to allow time to send to London for affidavits, THE AFRICA OF NEW YORK. Leading from Thompson street, between Broome and Spring streets, is‘an alley which terminates in a court- yard. The latter is wholly occupied by colored people and on this account the place is called Africa. On the morning of the 30th of last August John Conlan, a white laboring man, was carried to the Eighth precinct in a dying condition from wounds on the head and body and expired the same evening, On Inquiry Captain McDon- nell learned that Conlan had received a beating the pre- vious night from some of the colored residents in “Africa,” and two young colored men named George Washington and Jolin Sewell were arrested and jointly indicted for Conlan’s murder. The trial began yester- day before Judge Barrett, in the Oyer and Terminer court, Assistant District’ Attorney Lyon appearing for the prosecution and Mr. William F. Howe for the prisoners. Both of them were rather fiashily dressed, each wearing fancy colored shirts, Washing- top, who has a elight tincture of white blood in his veins, was bright and intelligent looking, but his com- panion, of a decided ebony hue, had a face and expres- sion strongly affirmative of the truth of the Darwinian theory. The testimony showed that Conlan, while in a state of intoxication, was pushed by Washington down a flight of outside steps leading from the latter's house, and that afterward Sewell was seen beating him over the bead with a shovel and kicking him. Maria Brown, one of the witnesses—a white woman, by the way, with amalatto infant—testified that while Sewell was beating the deceased she heard him utter threaten- ‘ng words against him. It wasclear, from the medical testimony, that he died from the ‘njuries received. Al- together the evidence developed a sad and sickenin; revelation of the utter demoralization existing in Af- rica, The trial ended in the acquittal of Washington and conviction of Sewell, who was sentenced to two years in State Prison. DECISIONS. SUPREME COURT—CHAMBERS, By Judge Lawrence. Kingsland vs. Kingsland.—Motion papers have not becn handed in. Memorandum. Matter of Joachitnson.—I do not find the consent re- ferred to in order, Vose vs, Cowdry.—Allowance of $500 granted to plaintiff. Patrick ys. Lemish.—Motion denied without costs. Memorandum. Wheeler vs. Remington.—Order as settled. Falishee ¥s, Hammond.—Mouion granted, Friday. Rylands vs. Schulhoff.—Granted, MeVey vs. Cuntrell.—Motion denied, $10 costs. Lee vs. Radlein.—Memorandum. Malone vs. Blythe.—Motion laid over until the 19th inst. If it is not adjusted by that time I shall order a reference. Kneeland vs. The Burlington and Cedar Rapids Railroad Company.—Memorandum for counsel, Muller vs. Jacoby.—Motion granted on condition that the defendant pay costs of motion; that the com- mission be returned wiihin twelve days, and that the stay shall not extend beyond that date. May vs. Decker.—Motion denied without costs, but third with leave to renew on further affidavit if so advised. | Memorandum, Clayton vs. Clayton.—Further proof of the identity of the defendant wanted. I wish to hear counsel. Tho proposed decree 1s drawn as if granted on a contested motion, and there has been no hearing. Butler ys. Smith.—Motion to punish for contempt | granted. Memorandum. First National Bank of Tarrytown vs. Poor,.—Order submitted by Sheriff’s counsel should be granted, but counsel will be heard if they desire it, Memorandum. “By Judge Donohue. Van Radine vs. Board of Assessors.—Motion granted. See memorandum. Carelton vs. Board of Assessors.—Motion granted. Ella M. Rose vs. Julius H. Rose.—Decree of divorcee granted to the plaintiff. Harrington vs, Comperts.—Case settled. Kurzman vs. Board of Revision, &c.—Motion denied. Memorandum. Matter of the Congregational Church of Harlem, Forris vs. Foran.—Motion denied, Garrett vs, Board of Assessors,—Granted, SUPREME COURT—SPECIAL TERM, By Judge Van Vorst. Brown vs. Curran; Wilson vs. Latmbach.—Judgment for plaintiffs on demurrers, See opinions. Hirsch ys. Lichtenstein. —Findings and decree signed. SUPERIOR COURT—SPECIAL TERM, By Judge Curtis. Haines vs. Markham.—Motion to vacate order of ar- Test denied, with costs, Lord et al. vs, Robertson,—Judgmont and execution vacated for irregularity. Matter of Buddensick, &c,—Reference ordered, By Judge Van Vorst, Hegeman et al. vs. Cantrell.—Motion denied, SUMMARY OF LAW CASES, Tho Canadian Bank of Commerce has brought a suit against Thomas Nicholas, its late receiving teller, to recover $50,000, which the latter is charged with hay- ing embezzled, An order of attachment was granted yesterday, by Judge Lawrence in Supreme Court, Chambers. The suit of Bates vs. McGowan came to trial yester- day, before Judgo Van Vorst, holding Supreme Court, Special Term, By decree the Farmers’ Loan and Trust Company, in the division of the McGowan estate, was authorized to act as trustee, The suit is a friendly one, to ascertain whether the Company under its charter can exercise iis trust. After hearing the testi- | mony Judge Van Vorst took the papers, reserving his opinion. William Cunningham and Henry Phillips, sailors of the crew of the slip Isaac Webb, arrested at the recent arrival of that ship iu port for “continued disobedi- ence of orders,” were brought before United States Commissioner Osborn yesterday, and held to await the action of the United States Grand Jury. A case involving the liabilities of trustees and a frm whorein one wember is a trustee and the firm becomes bankrupt, was decided by Judge Blatchford in the United States District Court yesterday, Tho firm was Willis & Chisholm, The father-in-law of Mr. Willis gave Mrs, Willis some property, and made Mr. Wiltis trustec for Mrs, Willis and Leeds the estate to revert to Mr, Willis and his heirs if Mra. Willis died without heirs, Mr, Willis sold the property and put the money into his firm, The frm went into bankruptey, and Mrs, Willis sued the firm to recover the amount, $5,766, Judge Blatchford decided that her claim must be dis allowed, and that her remedy must be against Mr. Willis. In the United States Circuit Court, Criminal Term, before Judge Benedict and ajury, Michael Boyle was ar- raigned yesterday to answer the charge of passing twelve counterleits of the United States trade silver dollar, The evidence was to the effect that one of Cap- tain Kennock's secret service detectives, under orders from Kennock, went with the man under the guise of a counterfoiter, and pad the bogus money given to hitn to pass. The defence was that Boyle was a latorer “‘along- shore,” out of work, and had fallen to the temptation offered by the original counterfeiters who made the coin, James McGrath antl one Dwyer, in ordor to sup: ply his family with food Tha jury rewurned a verdict of guilty, with a plea for mercy. Prisoner was re- manded, There was quite a prolonged, argument qosaniay be- fore Judge Curtis, bolding = aperior Court, Specia! Term, in the suit brought by Annie M. Holmes for a limited di- vorce from her husband, John B, Holmes, on the ground of alleged desertion. The defendant is an en- gineer in the employ of the government, Having been married in Ireland in 1838, both husband and wife came to this city seme years since. She chi that he took the furniture from their house to furnish a house for bimself and Miss Kerr, whom, as the plaintiff learned, he had engaged to marry. Mra. Holmes was repre- sexited by Messrs, Spellissy and MacInerney. The dic- fendant contests the marriage, which was jaet hy re- butting testimony. A motion to ¢ismigs the complaint was denied by the Cours, An interesting case came to trial yesterday beforo Judge Sedgwick, in the Superior Court, growing ont of the “corner” in November, 1872, in Northwestern, Messrs. Cecil Stout & Thayer carried for George D. Richardson 300 shares of said stock, According to the story of the former they applied on the day previous to Mr. Richardson for more margin, they alleging they could not borrow the stock any longer and that it must be bought in, On a final settlement the firm named claimed a large indebtedness to them by Bichard- son, and the suit was to recover the amoum thus claimed. Itresulted in a verdict of $20,082 for the plaintiffs, Patrick Reid obtained a verdict against the city last June, before Judge J, F. Daly, in the Court of Common Te he salary as general clerk of the Board of Assistant Aldermon, from September 1, 1871, to the 14th of March, 1872, at the rate of $2,400 per annum. The defence presented by the city was that the plainuift went out of office on the 2d of January, 1872, when the new clerk of the Board of Assistant Aldermen was ap- potnted, and that for the period after that date he could not recover. Judge Daly subsequently granted @ new trial aud set aside the verdict, and held that the plaintiff must show an appoint ment by the new clerk of the Board, who went into office January 2, 1872, The cage came up again day for trial before Chief Justice Daly, and the plaintif’s counsel, William ¥, McNamara, argued that as the Court of Appeals had recently decided that the clerks of the Common Counell were officers by the pro- visions of the Revised Statutes, the plaintiff was not removed until his successor was appointed on the 14th | March, 1872, Mr. Dean, Assistant Corporation Counsel, ler the opinion of Judge J. F. Daly grant- ing @ new trial, that the plaintiff went out of oflice with the clerk that appointed him. The Chief Justice held that the plaintiit’s position was materially altered by the recent decision of the Court of Appeals, that he came within the provision of the Revised Statutes, and ore seechent for the plaintiff for $900, the full amount claim COURT OF GENERAL SESSIONS. Betore Judge Sutherland. ALLEGED DEATH THROUGH MALPRACTICE, The entire session of this Court yesterday was occu- pied by the continuation of the trial of Eliza Alten- hain, Julius Von Meyer and Theophile Webber, who wore placed on trial last Thursday upon an indictment for manslaughter in having through malpractice caused the death of Mrs. Ursula Wick on August 10, at the residence of har husband, No. 306 East Sixty-sixth street, The cross-oxamination of Dr. Schneider elicited nothing new. Dr. Thomas C. Knox, who made the post- mortem examination of the deceased, testified that m his opinion death had been caused by a shock to the nervous system, caused by the Topennise of the uterus. Dr. Stephen P. Burdick, of the Home- opathio Medical College, was called as an expert, and testified that from the evidenca, of the preceding wit- nesses he believed tho deceased had come to her death Bae negligence and Pog ries force on the part of hose who had attended her. Dr. William N. Guernsey, of the Homeopathic Medical College for Women, testi- fled as to the methods observed by the faculty in obstetric practice in general. His testimony bad no direct bearing on the case. Dr. Walter R. Gillet and Dr, James R. Wood were also examined as experts, The case was not concluded when the Court adjourned, WASHINGTON PLACE POLICE COURT, Boforo Judge Bixby. TILL TAPPER CAUGHT. Yesterday morning a street Arab named Joseph Carr sneaked into the grocery store of Mrs, Philomena Ben- dick, of No. 303 Carmine street, and robbed the cash drawer of $4.50. Mrs. Bendick suw the thief and her cries attracted the attention of Officer Eastwood, of the Ninth precinct. Carr was captured after a short chase and was committed by Judge Bixby im $500 bail to answer, A DARING BURGLARY. Theophilus Winder, of No, 840 East Forticth street, was charged with having entered the rooms of John Hollwebler, at No. 447 West Thirty-eighth street, and stealing therefrom a watch valued at $75. He was ar- rested is Officer Murphy, of the Twentieth precinct, and was held for examination. FIFTY-SEVENTH STREET COURT. Before Judge Murray. PICKPOCKETS ON THE RAMPAGE. Alexander Crimble, Hugh Brady, James Daly, John Dolan, Peter McMahon, John Flannagan and Patrick Smith were brought into court yesterday on a charge of being parties tothe robbery of Mrs. Davis, No. 69 Kast Tenth street. Crimble admitted that he stole Mrs, Davis’ pocketbook and divided the contents—$26— among the other prisoners. He also admitted to the police that he and’ the other prisoners had on Thursday morning organized themselves into @ gang to accompany a certain target excursion, which feft the Eightoouth ward that day with the ob: ject of picking pockets on the route of the procession, Not being successful at ths excursion they went to another, and it was while Mrs, Davis was looking at this target company passing the corner of Tenth street and Third avenue that Crimble’ snatched her pocket- book. In consequence of the full received by Mrs. Davis being tripped up by one of the prisoners as she was pursuing Crimble, she was not able to appear m court, and the prisoners were held for examination, MRS. SMITH’S DIAMONDS, This caso came up for examination yesterday, Catherine Greene, the prisoner, who is charged with the theft of nearly $1,000 worth of diamonds from Mrs, Smith, of No. 962 Sixth avenue, isa colored woman of light complexion, She has been at yarious times stewardess of the steamboats | Plymouth Rock and Stonington. on the Bristol The complainant is of Robert Hall Smith, specte cierk Bank of Commerce. ‘The relationship existing between the prisoner and the complainant has een of a peculiar nature, as shown by the evidence. Mrs. Greene's husband is as black us the ace of spades, but has regular features. When the robbery took place Mrs. Smith had other persons at her house on a vieit besides Mrs. Greene, Afier the robbery the pri- soner and her husband spent the evening at Mes, Smith’s house and drank with her “gin slings and other mixtures made of liquor, Officers of the Fall River line gave the accused a first class reputation, and went go fur as_ to emplo; on her behalf, ‘the fact remained, however, that when Mrs. Smith showed the prisoner her diamonds no one else saw them, and after she had left the house they were inissing.” The bail was fixed at $1,000, POLICE COURT NOTES. Judge Duffy, at the Tombs Polico Court, yesterday, held Aaron Meinzheimer, in default of $500 bail, on a charge of having embezzled $35, the property of William H, W. Rogers, of Second avenue. John O'Brien, charged by Eleazar J. Lazarus, of No. 5 West Broadway, with breaking into the promises at that address and stealing $95 worth of cigars on Thurs- She is now the wife in da} Daniel SeKenna and Charles Scolt were brought up on the charge of breaking into the clothing store of William Foley, No. 65 James streot, and stealing $100 worth of clothing. The prisoners were each committed in default of $2,000 bail to answer. Magdalen Geirlach and her husband, Charlos Geirlach, and Margaret Brown wore each held ia $2,000 bail {oF keeping disorderly houses in Hester street, BROOKLYN COURTS, COURT OF OYER AND TERMINER—THE TRIAL OF PATROLMAN JOYCE FOR KILLING ROBERT GILMORE, Beforo Judge Tappen and Associate Justices. The trial of Officer Redmend Joyce, of the Tenth pre- cinct police, Brooklyn, for shooting the colored man Robert Gilmore, on Soptember 8, on Flatbush avenue, while deceased was endeavoring to escapo from custody, bf morning. G. N. Shehan, for the detence, testi fied that he Bad never said to anybody that “he would like to hang this man (the prisoner) only for his fam- ily;”” he knew nothing of Soyoste politics, Dr. A. W. Shepard, who held the post-mortem ex- ball entered at the back of the head, passed through the base of the brain and lodged bellind the eye; the divergence from where the bullet eptered to where it was found was one inch, ‘ Joseph Pearce testified that he saw the officer run- ning alter Gilmore and saw him put his hand in his pocket and pull out the pistol and fire; he raised the Weapon as high as his breast; heard no one ery “Stop not see it; the pavement is cobble stone and difficult to run over. Emma Marsh testified to haying seen Joyce fire; he was nearly standing still at the thne witness saw tho flash; didn’t notice that he stumbled at the time. Hannah Leary saw the officer throw up his arm and fire; did not notice that he slipped or stumbled at the Reve! Joyce was about forty feet behind Gilmore at he time. running away from the detendant, and he cried out, | “Stop him!’ saw the shot fred; witness asked Joyce, ‘Why did you shoot him?” and the prisoner ot “Oh, God, T didn’t intend to do it; tt was an aceid Tho prosecution then closed’ and Mr. Ridge opened for the defence, The witnesses examined were Joseph K. Farris, a boy, who saw the pistol fired while it was about at the height of tho offiger’s thigh; Thomas H. Monstery, an expert in the use of arms and shooting; Francis Gilmore, Patrick McBride aud Scr- geant McNamara, of the Tenth net. i Juape Troy, for the de- | fonce, offered to submit the case to the jury without | suroming up, but it was finally decided to adjourn till | Monday morning, when the Court will charge the tury. ‘The evidenee being all in Bristol, Providence, | counsel | night, was held, in default of $2,000 bail, to answer, | was resumed in the Court of Oyer and Terminer yes- | | amination on the body of Gilmore, testified that the | Officer John Mara testified that ho saw the deceased | i the | | | | | “ | the fact that but for the publicity given by t him,” or “Shoot him; Joyee’s foot might have turned | under him just as the shot was fired, but witnoss did | YORK HERALD, SATURDAY, OCTOBER 16, 1875.-TRIPLE SHEET. ae EXPOSURE. The Senate and Assembly Investi- gators at Work, MARCUS CICERO STANLEY ON “POLICY.” He Explains the Cabalism, 4—11—44, Croker—His Jail Life and he- gal Acumen. The Assembly Committee on Crime resumed work yesterday at the City Hall The political animus of the motive in calling Officer William H. Dakin, of the First precinet, very soon revealed itself, It was attempted to be shown that Recorder Hackett instructed this officer to allow two prisoners, whom he arrested at different times, to go free till next morning. The wit- ness testified that he arrested John Chamberlin on the complaint of Mr. Noe; found Chamberlin at the wine room, No, 1,146 Broadway, after eleven o'clock at night; after the arrest of Chamberlin a friend of his suggested taking him before the Recorder; Chamber- lin asked to see Commissioner Disbecker, bat was not taken before him; he was taken to the Recorder's house, on Park avenue, and the Recorder wrote a letter to Justice Kasmire. Counsel—Did you know the contents of the letter? Witness—No, sir, Counsel—Who told you to release the prisoner? Witness—I released him myself. I eupposed the let- ter [had was sent for that purpose, I was fined five days’ pay for doing so. The other case mentioned by witnoss was precisely the samo, and he released the man, who was well known, because he alleged Recorder Hackett said Judge Kasmire would release him till morning, as he could be easily and surely found when wanted at court, THE STORY OF LOTTERIES AND POLICIES. Marcus Cicero Stanley testified that he was formerly appointed Inspector of Lotteries by the United States government; he had no interest now 1n lotteries, but he had made thema study since 1847; before the managers can draw a lottery they must issue a scheme or prospectus containing a list of the cash amounts to be paid and the number of blanks; witness was shown soveral lottery papers, and explained their character; 4—11—44 make what is called “a gig,” four numbers are called ‘‘a horse,” and ‘‘a saddle” is two numbers; witness said that he had an interest in a policy years ago, and sold out, to John A. Morris, Benjamin Wood, William OC. Franks = and Charles Murray. Simmons sold out about the same time as witness; Ben Wood then assumed control; the lottery business is now on the decline; in 1869 it averaged about $20,000 a day in this city; the legitimate profits of the lotteries would be'about fifteen per cent; he wuld not say that they were legitimately drawn. TNE LARGEST PROFITS he ever kuew of betng derived from the lottery busi- ness were $65,000 in a month; the reason he would as- sign for the falling-off in the business was the falling- out of the managers, charging each other with fraud, and also the general publicity given by the papers to the nefarious conduct of lottery managers; seven- eighths of the profits are derived from the Spoorer and lowor classes; they buy dream books and. are supor- stitious, trusting to clairvoyants, always hoping to win a fortune and never winning it, There were thirty or forty policy sellers in this city | who backed their own books, but most of the small dealers were backed by others who were men of means, Tn 1866 he publicly charged the lottery managers with fraud. A greal deal of crime was committed among the lower classes in order to obtain money to play policy. The result of the drawings is telegraphed over all the Eastern States. since the commitice began its sittings the New York office has been removed to Jersey City. He understood that Ephraim Simmons & Ben Wood had sold out, A NICE DISTINCTION, The distinction between lottery and policy is that the first consists in the purchase of a chance in a drawing and the other is a simple insurance on the winning number, For instance, a person can go into a policy shop and for fifty cents insure the sum of $100 on a | 4—l—H4 ticket in the Kentucky lottery. If these three numbers come out the insurer wins the $100. Ho | getsin return for his half dollar a written slip of paper in this form :— KENTUCKY LOTTERY, 411-44. G $100, «@” means “gig.” The chances, of courso, are al} in favor of the policy dealer, a8 tho magic numbers jast given seldom greot the eyes of the investors, A inan may buy a lottery ticket at any time before the draw. ing, but the policies are bought tmmediately preceding the event * The sellers of policles are In almost overy stroet fn tha clt There must he at least 259 0f them, The bellers have backers, she marantee the buyers the money they may win. Lat elie Serrers have lags con’ dence in their backers ard dothe basineas 6n their o' hook. sion, EXTENT OF THE SWINDLING. In the Stato of Kentucky there are about twenty lottery dra aweek. He @id not care to say who the agent of the policy managers in this city was, a3 ho did not choose to make a host of enemies Finally witness consented to say that his name was Josiah Adams, and that he lived at tle Gil- | sey House. In sending the prize nambers from Ken- | tucky by telograph the managers use a key conststing | of numbers and names. The persons who sell the slips | of the lottery through the city have a headquarters | where they tke a eee daily. Dickingon is the | active manager of the lotteries in New York. The managers contrive to be on the safe side of the law by having friends in influential quarters. Their first pro- tection comes from the Police Department—from the Commissioners of the Police, It might be either a pecuniary or a political interest that shields them. Witness could see in the newspapers daily the names of policy men who are active and prominent in politics; in a political meeting being held that morning at Judge Bixby’s office in Park Row he knew half a dozen men who were concerned in policy dealings and lottery drawings; witness looked upon it as absurd to say & police captain with 200 men under his command could not drive out all the policy dealers in his precinct; but then ifhe tries to do that he is at once checked; and from his experience witness looked on the lottery spec- ulation as the very WORST KIND OF GAMMLING. He thought that the only way to suppress it was to indict and convict one of the managors, Let that be | done, and policy and eet would beat an end, The | law is severe enough, and if it were only executed | little would be heard of the policy dealers, as it is a | felony to sell a policy. A CONSEQUENTIAL POLICY MAN. Frederick Luthy, who argued with and lectured the committee, testified that he had a place at 24¢ Green- Wich street; an officer was once stationed in {font of his establishment, and he went to one of the Police Commissioners, Mr, Disbecker, and asked him to have him removed; Disbecker replied that he considered witness was ‘carrying on the lottery business, but the defendant insisted he was a broker, This wit- ness turned on the previous one (Stanley) and said the managers contrived to get Stanley appointed as United tates Inspector of Lotteries, and Stanley helped to Sp tho mw <2 that no harm might come to the pol- icy dealers. Witness was in tho pottey pusiness sos, self, He was indicted and came near being sent up to Sing Sing, but ashe happened to knowa good deal about the men who wero at the back of the prosecution @ compromise was effected and he got away. Counsel asked witness the CURIOUS QUESTION as to what sort of law he would suggest for the exting- uishment of lottery dealing. Considering that tho witness was originally a policy dealer, and ja one now, his “legal” opinions are hardly worth placiug much faith in, He was far better able to answer the inquiry as to what class of people dealt in policies. He said it was a mistake to suppose that playing policy was con- fined to the poorer classes. Ho had ministers of reli- gion coming to his shop to invest, He declined to say anything about tho indictment | brought against him for keeping a policy shop. He did not wish to mention the names ofthe | pol cy dealers who were said to have concocted the | design of “railroading” him. An aversion to making | enemies was his motive in withholding the names. Ho proceeded to deliver an essay on the culpability of | newspapers sustaining lotteries and policies, forgetting he press to the doings of such fellows as he is, and warning the | people against them, Oley dealing would flourish Hike | agreen bay tree, Policy dealers can have no love for the press, Robert H, Johnston testified from the books of the | Special Sessions as to the case of a lottery dealer who was tried and convicted; some seetions of the Lottery law make it a misdemeanor, other sections make it @ folony to soll lottery policies. CHARACTER OF A PRTECTIVE CAPTAIN, Floyd Grant, employed in the Western Union Tele- | grupli Company, testified to the receipt of certain cable despatches from Europe; the first wus addressed from London to Captain Irving, telling him to meet “Living: ston’? (MeDonald’s alias) on board the Cuba, in the har- bor; the next was addressed to Irving, telling him to eot the undersigned (“Livingston”) on the arrival of the Thuringia—"‘not the Cuba’—and was dated from Hall, in England. James P. Bennett, of the police force, remembered being on duty with Detective Clapp at hight, when a boy broaght in a tolegram addressed to Captaln Irving. Tt was from Key West, and he thought it was algned a ell, tolling the person addressed to meet some- body. - William Dolamater, clork of Police Hondquartors, handed ina bundie of documents containing the min- Formerly the backers allowed them a commis- | ‘ | Should arrive, At half-past four o'clock, none of utes of the trial of Detectives trial took ia eid Farley. The place i Witness knew nothing of the -proceedimzs in the case, Counsel made a statement of te ant t items of ng ae 4 eridases, against Irving, which were rejected by the oar A. M. Sotetdo testified to the publication of a state. ment that appeared in his popes of Captain James Ir- ving being in company with two thieves, in the corner of Thirteenth street and prod the Captain being grosely intoxicated at the time and drinking with th thieves ina friendly way; Mr. Jerome Buck wit: the affair and could corroborate the statement, Mr. Anb, assistant counsel to the committee, intf- mated that he should be in a position at the nexg session of the committee to present a good deal of the suppressed evidence in the case of Irving, and to show us connection with the forger McDonald, alias Living- ston, ‘The committee then adjourned till Tuesaay next, af eleven o'clock, CROKER UNDER THE MICROSCOPE. The examination of Coroner Croker was resumed yesterday morning by the Senate Investigating Com- mittee, The investigation has thus far excited but very little interest, judging from the number and character of the spectators. With the exception of & few local politicians nobodv attended the examination yesterday, The examination began shortly before eleven o'clock, CORONKR CROKER AGAIN ON THE RACK. The first subject gone into again was the adjourning of tuquests to the Morgue, by reason of which, as it appeared on the previous day, two — jurieg had to be empanelled—one at the house, which viewed the body and gave no Verdict, and another which rendered the decision at the Morgue and had never seen the corpse. The drift of the examination was to show that in these cases where the jury at the Morgue had never seen the body and where scarcely any testimony was taken it was Perfectly useless to calrit and was only prompted bya desire to “obtain the $5 fee which the law allows for the summoning of a jury."" The witness insisted, how- ever, that he considered it safer to have a jury and that it relieved him of much responsibility. ‘The jury have an opportunity to ask the Deputy Coroner, who gives the result of the autopsy, all the questions they like,” he said, And he volunteered this additional state- ment:—‘“These were all extremely simple cases, where there was no suspicion whatever ot foul play.”? PUT THAT DOWN. The counsel for the committeo must havo seen in this statement @ voluntary confirmation of the fact which he was trying all along to establish~namely, ‘that the inquests were utterly uscless and only held for the sake of the fees which they would put into tho -pockets of the Coroners, for he immediately turned to the stenographer and said, “Put that down.” After an hour had been spent in a technical exam. ination of the routine business of the Coroner’s office Coroner Croker’s trial for murder was taken up. The Coroner was asked to make a statement of everything that occurred from the time he went into the station house, CORONER CROKER’S STATEMENT. “When I first went into the station house I made a charge against James O’Brien for assault, and O’Brien made the same charge against me. While this went on a man named Craig came in and said I had murdered his cousin, The Sergeant paid no attention to my state- ment and I was locked up tn acell. This was at about half-past seven o'clock, and two hours after Coroner Woltman came, made @ preliminary examination and bailed me.”’ “Do you claim the power as a Coroner to take bail in a charge of murder ?” asked the counsel. Coronor Croker—Yes, sir, “Can you point out’ the section of law which gives you this power ?”” Coroner Croker—No, sir; I can't do that, After several cross-questions the Coroner corrected his previous statement by saying that he had no power to bail in a charge of murder, “You used to go home during the trial, did you not?” he was asked, Coroner Croker—Yes, sir; about four times, I think, Iv inight have been five. 1t was generally after the trial that I went home, “Lt has been sworn to here that you were seon at your house as early as eleven o’clock—is that so!” Coroner Croker—That I positively deny. “At what time were you generally returned to tho Tombs Coroner Croker—One day it was as lateasten. I generally was only half an hour at home; once only, When my wife was sick, I stayed an hour. “At what hour was the trial generally over ?”” The witness first said at oven o'clock in the evening, but subsequently admitted that it was oftener over at Ove o'clock, “Where did you spend all that time tf you did not at your home—you generally used to take dinner while you were out?” Coroner Croker—I generally took something to cat at home, FROM THE SUBLIME TO THE RIDICULOUS, ‘You dined out, at Delmonico’s generally, did yon not f? Coroner Croker—No, sir; I took dinner sometim at Leggett's restaurant, “You say that-you never were returned to the Tom!s later than ten o'clock, while the Warden testifled that once it was as late ds eleven ?”” Coroner Croker—I think he must have been mistaken as to that, “While you were at the Tombs great many friends late a night?” Coroner Croker—Yes, sir, 1 was. ‘Hlow late did these friends generally stay?” Coroner Croker—About eleven o’clock. One time & friend of mine, Kd Kearney, spent the whole night with me. “How late were these friends admitted to the Tombs?” Coroner Croker—They would come in at about half past nine or ten o’clock and stay about an hour or so, Here ended Coroner Croker’s lengthy examination, ‘and be roge with an expression of evident relief, 4 quysrign F eal Mr, John J. Toal, clerk tor the Board of Coroners, was quesitoned in regard to the duplicate of a missing inquest paper which he bad made out four or five days ago, as he said, uuder the supposition that the’ fact of the original being missing would be brought against the Coroner’s office a evidence that’ the inquest had never been Hd in that case, Mr, Toal admitted that his attestation was no sign of hig having been sworn, although the printed form says, “having been duly’ sworn.” Mr, Yoal confessed that he neither swore with uplifted hand nor upon the Holy Book. He considered that when he signed his name to an affidavit it was equal to taking the formal oath. “Then you consider that you have sworn, whether you have sworn or not?” Mr. Toal—Yes, sir, (Laughtor.) The investigation was adjourned at this point till Monday morning. A RECUSANT WITNESS. you were visited by a HOW THE AUTHORITY OF THE POLICE BOARD WAS DEFIED, A rich scene was enacted in the trial room at the Central Department yesterday, Colonel James Kerri- gan arraigned the Board of Police Commissioners and refused to recognize their authority until such time as they should purge themselves of the charges now standing against them, When the case of Captain Mo- Culloch was called, Kerrigan, as the first witness, took the stand, Commissioner Voorhis sat alone on the Bench. To the preliminary questions as to the residence and occu- pation of the witness Kerrigan replied, stating that be resided at No, 449 Seventh avenue and was at present engaged in no particular occupation. When asked if he knew anything of the assault made upon Mr. Twohey in the spring of 1874 the wituess answored that be hi a faint recollection of tho affair, Thus far the testimony | was highly satisfactory and Mr. McLean anticipating no | bitch proceeded with a smile:— | will ¢ witness please stato what he knows of the ! assante? } Rerrtgan—-Refore 1 answer that question I want to hority to ask it, KNOW yOu enon iorhig—He 1s the counsel to the. Comin tasou! he made rs, to defend the Board agatueh, cv ime or shield thet ]GhoPancey 4 Mr, Voorhis—He ts for the purpose of elicit such testunony from witnesses As is in their peeeeeione Witness—I question nis authority to ask questions, and I question yours while you are on trial before the Mayor on grave charges, vr. McLean—Witness, were you in the Brower Hons in eoppeny with Mr, Twohey, any time in the spring o1 Witness—I want to know your authority to question a citizen. Mr. Voorhis (to stenographer)—Note down that he rofuses to answer, I will take the proper measures in this case, Witness—You are telling a falsehood, Mr. Commis. stoner, and I shall appeal to a higher tribunal; I do not refuse Lo answer any question, but Idemand to know by what authority I aim interrogeted, Two hours elapsed before another question was put, the Court, though being still in session, maintaining species of recess until others of the Commissione! Absent members coming im, Mr. Voorhis dirceted the Witness to resume the stand, when the stenographer read the question last put:— Witness—I was very emphatic when I questioned your authority, Ideny that you have any autil yo have purged yourself of the charges now pending agalust you, Mr, Voorbis—Now, Mr. Korrigan, in compliance with a stipulation which you made’ to the Supreme Court on the 11th of this month, ty appear before tho Board of Police aud testify, 1 call apom you pew to answer the questions pul, Tho wituess again. reter authori auy questions unt Phe Comuissioncr strated co ny that you ret Korrigaa (1 ipting)-—E divtinouly ay refused to auswer. Voorhis (contina ated Nig demand for the have not vadjonra the court anti foxt Monday, at ten A. M. It is expected that the Board will bring the refueat of Kerrigan to answer to the attention of the & a) | Court and vetition that ho be placed in canteuol,