The New York Herald Newspaper, November 6, 1875, Page 11

NEW,-YORK HERALD, SATURDAY, NOVEMBHE 6, 1975-+TRIPLE, SHEET. Wy -THE COURTS. mportant Suit Against the New Jersey Steam ab against him, Navigation Company, < (ndictment Against Claflin & Co. Sustained. Receivership of the Third Avenue Savings Bank. Sharp and Decisive Ruling on Forfeited Recognizances. THE TRIAL OF COLONEL DES ANGES. On the calendar of the Special Term of the Supreme Court forthe present term is a case of much public importance, involving the disposition made of the property of the New Jersey Steam Navigation Com- pany, The suit is brought by one of the numerous ereditors of the sold-out company to enforce a claim of nearly $30,000 against “Uncle Daniel Drew, tho former President of the company, and several of tho directors, During the existence of the company the late Russell Sturgis earned from it in the form of Gnancial commissions over $20,000, for which he brought suit and recovered> judgment, but on (ssuing execution it was found that all the property of the company had been sold by Daniel Drew and his associates, and the proceeds appropriated to their own use, He then brought the present suit to en- force his claim against Mr. Drew and his co-directors, claiming that if the property of the company had not Dboen appropriated by them it would have been suf- cient to pay not only his, bus wit other claims against the company, ‘The suit is entitled Appleton Sturgis, as Administrator of the goods, chattels and credits of Rus- sell Sturgis, deceased, against Daniel Drew, Jacob H, Vanderbilt, John Englis and Henry B. Norton. On the case being callod by Judge Lawrence it was found not to be quite ready for trial because of the illness of 4 main witness, and was speclally set down for trial on Monday nexte Involving, as it does, not only a large ‘Amount of claims against the company, but also a vouch larger amount of property of the company claimed to haye been unlawfully appropriated by “Uncle Daniel’ and some of the directors, its result is looked forward to with proportionate interest. Quite ‘anarray of counsel are engaged in the case, Messrs. Butler, Strlman and Hubbard representing’ plaintit, and ex-Judgo Davies, Mr. Work, Charles Jones an others the defendants, The complaint in the case charges that In November, 1865, Russell Sturgis commenced au action in the Su: perior Court, in this city, against the New Jersey Steam Navigation Company, to enforce a claim which aéorued to him against the company in the year 1862 ‘The company appeared in the action and put in an atiswer sworn to by Darfel Drew. On the 12th of April, 1871, judgment was recovered against the com- pany for $29,550 76. From this judgment an appeal ‘was taken, and while the appeal was pending the plain- tif, Russeii Sturgis, died, and Appleton Sturgis, his administrator and plaintiff! in the presen’ suit, was substituted in his _ stea In February, 1873, tho judgment was affirmed, but ‘execution being issued thereon, it was returned unsatis- | fied and so remains, This Company is charged to: havo gen Arorperston organized uxder an acto; the Lez. 1 Jature of the State of New Jersey, passed February 28, 1439, providing, among other things, that the capital stock should be $500,000, and might’ be increased to $1,000,000 if necessary; thatthe stock shculd be di- vided into shares of $100 each and that all the affairs ot the company should be managed by ono of their number, tobe President thereof; that the company was organized with Daniel Drew as President and Uke other defendants as directors and owned aud operated lines of steamers plying on the Hud- son River and Long Island Sound; that at the time that the yy of the company so sola was worth ‘about twiee ‘value of the company’s stock, and that by means of ‘b Drew and the mies de- ch Bal fendants (himself exeluded) recetved the sums charged in the complaint, and which they applied to their own ‘He theretore asks that the complaint be THE. CLAFLIN & CO. INDICTMENTS. It will be remembered that a motion was recently made in the United States Circuit Court, before Judge Benedict, to quash the indictments against H. B. Claflin & Co, In connection with alleged silk smuggling frauds, Judge Benedict yesterday rendered his de- cision, sustaining all but the fourth and last count of the indictment. The following is his decision:—The indictment charges first, concealing; second, facilita- ting the transportation, and third, facilitating the sale of certain merchandise, These three counts are sim- ilar in form and the objections to be considered apply to each of them. The fourth count is different and will be considered by itself. The first objection which I examine 1s that the goods forming the subject of the transaction charged are not sufficiently identified. The language used to identify the goods is here quoted in the opinton and the Court Pproeeeds;—The rules by which the sufficiency of an in- dictment is to be determined have been too often stated to require repetition. Those rules as they have been understood and applied in the adjudicated cases are to be applied here, Their operation cannot be ex- tended because of any embarrassments under which these defendants lie because of the extent of their business, Judged thus the description under considera- tion will be found sufficient, Plainly the language used sho’ bject of the transaction to be within tl scope of the statute creating the offence, for the statute in terms includes all kinds of merchandise, It is also clear that the description in the indictment, together with such evidence asa trial must necessarily furnish, will fully protect in any future prosecytion for tho same offence. It is not uecessary to describe property with such particularity as will obviate all necessity for proof outside the record to support a plea of once in Jeopardy, Snys the Court, in Rex against Mansfield (16 and’ page 140):—"'There must be some parole evi- dence in all cases to show what it was that h was tried for before.” * * # ‘To requ! the various species of silk goods in the cas to be set forth ould open too wide a door for the défeat +f the Wages upon @ ques- tion of varianco, To demand the statement in the in- dictment of such particulars is to push the rule beyond all reason. 1 pass to consider the next objection, that the iHegality in the importation of these cases is not properly stated. In support of this objection the prop- osition is advanced thatan indictment for buying goods which have Leen vrowgut mto the Unites Slates contrary to law, must set out the offence committed in the original importation with the same particularity of time, place aud circumstances that would be required inan indictment for the original offence, Such a proposition cannot be maintained. The offence of knowingly buying smuggled goods is similar in character to that of receiving stolen goods, 80 much so that it has been conceded that the rule ap- plied (o indictments for receiving stolen goods may be properly applied to this indictment, The concession is fatal to the objection under consideration. * * * I next consider the proposition taken that the in- diotment to be good should not only confine the charge to dealing in smuggled goods, but also should state facts from which the Court can determine such to have been the character of the importation referred to. * * * The word ‘‘smuggled’’ is a technical word having a known and accepted meaning in a bad sense. Itimplies something illegal, and is inconsistent with any innocent intent *.* * I have now con- sidered the objections urged against the first three counts of the fndictment. It remains to consider the fourth and lastcount, This |. clerk In the lic_store house in Wi ington street Seated a to she modus ¢ delivering. goods; james 4& truckman, employed eule Graff, the “dummy” jmporter, testified that ho re. moved the smuggled silks from the Hoboken stores to Graff's place of business; George Brooks, cartman for wie Morris, Fenner & Co., traced the transit of ad passed through his hands; these ods * consisted of fourteen one, and he received is cartage fees from the above-named firm. Edward Ackerman testified that in 1874 he was in the storage business in Bouch street, to receive goods on storage; he recetved goods for Levy Brothers, marked ‘Mer- chandise;” witness identified the markson the cases and gave the numbers of the cases, Objection being made to this evidence the District Attorney sald be Proposed to show later that the goods that went in were not the same that came out, Witness testified that Levy changed the marks on the cases in the store, On cross-examination witneas said Levy used to-come in the morning after the goods were received and, with the aid of deponent’s porter, erase the numbers and substitute others, John J, Morris, of Field, Morris, Fenner & Co., auc- tioneers, testified that he knew Levy and Wolf; ho re- cetved goods from Levy and stored goods at Buns’; they received goods from Wolf for sale on account in May, 1874; for the frst two years they kept separate accounts for the European’ owners, as accounts Nos. “1,” 42, 3," &o,5 later Wolf gave them the names of ‘the parties; one was William Judgo, William Faber, E. Fabulous, ‘Willlam Golding, John Sanders, John Mack and others; a gentleman ‘came to the store and said his name was Fabulous; witness here, from a rec- ord shown him, described certain cases received from Aaron Wolf on the account of persons named by him; they accounted to Wolf for all these sales made on ac- count of the persons named, On cross-examination this witness testified that he had no idea that there were red irregularitios; he bad done business with Wolf and his brother since 1859, and had no reason to suspect that there was anything wrong; witness was here shown the letter of District Attorney Bliss addressed to his firm, threatening them “with prosecution, and ho stated that he showed the letter to Wolf, who said the goods were perfectly straight; Witness leit the letter in Wolf's Possession, forgetting it, and thought no more of it until heh seen it published as found in Lawrence's possession when arrested; he was under indictment for sellin, these goods; he did not communicate with the District Attorney in response to the letter received trom him. Dennis F. Burke, late an examiner in the Custom House, Frank Gillon, an opener and packer, William McKee, cartman, and Michael Riordan, cartman, were called, but theix evidenos was not of general interost, The hearing went over here until eleven A. M. on Monday next, when District Attorney Bliss promises to close the case for the government, count is likewise based upon section 4 of the act of 1866. The difference between it and the other counts is that in assigning the illegality of the original impor- tation, it uses simply the words of the statute, averrin; only that the goods had been imported into the Unite States contrary to law. If the act of 1866 is confined in operation to a single torm of illegality it might be questioned whether a count like this in an indictment for a secondary offence would not be supported by the authorities already referred to, And certainly there is Weight in the argument dorived from the repeal pro- visions of section 16 of the act of 1842. * * It would seem that the illegality should be designated with more particularity than 1s afforded by the words “imported contrary to law.’? When the language of the statute comprehends under general terms divers forms of illegality having different characteristics, it may well be considered proper to require something more than the words of tho statute. * * * For these reasous and becausa such a count based upon this same statement has been conieinnct in a Tenorted case in this cireu:t, Iam of the opinion that the fourth count should be rejected, My determination upon the motion therefore 1s that the fourth count of the indicument be terial and as to the other counts, the motion is do- nie the cizim of Mr. Sturgis, accrued the _ compat was solvent, and owned assets greatly in excess of all its debts and liabilities, Should have been applied to the payment of the } Sturgis and other claims of various creditors of the company, batthat the said company did not, nor did its presi- dent and directors or any of them,’ properly liquidate the affairs of said company or apply its property to the Prymont of its debts; that, as plaintiff 1s informed and ¢lieves, after the claim of Mr, Sturgis accrued, and some time before the judgment in his favor was ob- tained, the defendants, as officers of the company, sold all its property and assets and converted the same into money, which they divided among themselves and certain other stockholders of the company in propor- ton to the stock held at the time of such division by the several parties who received the same, and thereby diverted all the.corporate property of the company to the private uso of themselves and certain other stock holders to the plaintiff unknown, go that the same could not be reached by rp judgment of Mr. Sturgis; that when such division of tlie proceeds of the company’s property was made Daniel Drew is believed to have held 2,490 shares of the stock of the company, at the par value of $100 cach, Jacob H. Vanderbilt, 800 shares; John Englis, 158 shares, and Henry B, Norton, 115 shares; that tho property sold was worth twice the par value of tho chmpany's stock, and by the sale thereof the detend- ant Daniel Drew received and applied to his own use about $498, “the defendant Vanderbilt about $160,000, Engtis about $30,000 and Norton about $23,000,’ It is further charged on the part of plaintiff vhat all such proceeds so recelved by defendants were 1 equity liable to be and should have been applied to tho payment of Sturgis’ judgment, and that the same Mave been applied by said defendants and wrongfully converted to their own Use In violation of the rights of the creditors of the company and of plaintif; that de- fondants, by their acts, have conveyed, covered and concealed ail the property of the said company and have appropriated the same to the use of themselves apd other stockholders of tho company, and havo re- moved the same beyond the reach of the piaintiff’s judgment and the exeeution issued thereun. The complainant concludes by asking that the defendants be adjudged to be jointly and severally liable for and adjudged to pay the judgment in favor of Russell stur- 13 aud to account fur the property of the New Jersey Steam Navigation Company received, appropriated and converted by them, and that plaintiff may haye such further relief as to the Court shail seom Just, and costs of his action. Mr. Drew makes answer to the complaint, in which ho admits the organization and operation of the com- pany; that he and his associates in the suits were offl- gore of the company, as charged in the complaint, and that judgment for the amount claimed had been recov- éred against the company. As to the perfecting of the judgment and disposition of the company’s property, ‘As charged in the complaint, he answers that he 1s without knowledge or information sufficient to form a Delief as to whethor the judgment was duly entered, or that an execution issued thereon against the property of the mpany was returned unsatisiied, or that such Jetgioent Temainsunpaid; and he, therefore, denies those allegations; ho asserts that all of the anouey, Png or earnings of the company, which Came into the hands of the defendants, came in pur- suance of dividends and resolutions duly made and de- Slared by the Board of Directors of the company, such ‘divittonds having been declared after all the ascertained gnd liquidated claims against the company had been paid, and that no dividends have been made or paid by the company since the commencement against it of t action referred to inthe complaint, and that at the 4'mo such dividends were made the plaintiff had no Tegal or equitable lien on the property of ‘the company; that the persons to whom all the prop- erty of the company that has been divided since 1862, divided by direction of the Board of Directors, were fund owned stock, aa, follows:—Daniel grow, 2,404 @hares; Jacob IL Vanderbilt, 800 shares; John Englis, 458 shares; Solomon B, Stone, 111 shares; Henry B, Norton, 115 shares; William 'T, Norton, 50 shares; David Heyward, 134 ‘shares; T. P. Norton, 200 shares; x. BE. Lockwood, 100 shares; Alfred Lockwood, 30) ‘shares; Jool Stono, 12 shares; D, Smith, 60 shi Ay ‘Ts ip *. 8) —t ‘Travis, 85 ae Sw Ie ‘mallwe wre 100 shares; J. Backus, shares, and 8, 8 is, 100 shares, in 4,864 shares; that tho pi ‘tion to the 30 all ty was divided among them {In propor- 5 shares of stock owned by them respectively, ome of whom reside in this State, and all of whom, he claims, should bo parties to this action; that thero are in existence a large number of judgments and ‘claims against the company which remain ‘uppaid and | some of them unliquidated, and, as he is informed and Delieves, at the time of the entry of Sturg s’ judgment ‘thore was not suilicient pre) erty of the company, nor 413 there now, to pay all the judgments against i, TI answer concludes by a claim that the company, against ‘which Sturgis had recovered his judgment, is @ neces- ‘ary party to the action, and not being joined therein, ‘here is a defect of parties, Mr. Engl# puts*in an answer substantially similar fo that of Mr. Drew, and Mr, Vanderbilt, on his own Hohall, pleads the additional statements that, during the year 1863, he admits a portion of the company’s roperty was sold and divided among tho stockholders proportion to their stock, in pursuance of resolu tions of tho Board of Directors; that up to March, 1865, the company had property sufllcient to pay all its debt ‘and that during the previous Seprember h to John Englis all his imterest in said ‘and company, and never thereafter acted ag its oflicer, or recewed ony of tha proceeds of its ‘operty, Te admits that in March, 1865, Dayiel Drew, Jolin Englis and Henry B, Norton, with Solomon B. Lona, how deceased, sold all the remaining property ge Loe of the company and divided the proceeds Kolves, ag the romaining stockholders, in proportion (to the stock: held by them at that timo, and thereby diverted all the corporate Rone the company to ho private use and beneft of the ‘en, 80 that the mo could not be reached by execution, Hoe asserts that euch acts were done in pursuance ofa resolution of the Board of Directors, by ‘which it was resolved to sell tho property and diseolyo fhe New-Jorsey Steam Navigation Company. He admits THIRD AVENUE SAVINGS BANK. A few days ago Mr. Ashbel P. Fitch, counsel for the depositors of ths Third Avenue Sayings Bank, obtained at Kingston, from Judge Westbrook, of the Supreme Court, an order requiring William S, Carman, receiver of the bank, to show catwe ata special term of the Court why he should not be removed and some other person appointed receiver in his place, The order was based on the petition of Horatio N, Hardy, Jacob Riger, George A. Joseph, Henry Crompton, John Morden, John Cahill, Edward Mallon, John Carney, Eugene Ward, Martin Kalb and L. A. Fiedner, representing the de- positors, m which they state that the depositors are the only parties who have any interest in the prop- erty of tke bank, and aro over §,000 in number, com- posed chiefly of laboring people of small means} that Mr, Carman is not a proper person to be the receiver, and they are apprehensive that the rights and interests of the creditors may be prejudiced and injured if he should be permitted ‘to continue in office. ‘This order was made returnable yesterday, and the mat- ter consequently camo on for a hearing before Judgo Westbrook, at present © holding Court in this city. In the order to show cause it was algo required to show wuy a temporary mjunction should not be granted restraining Mr. Carmun from acting as receiver, It has been urged against Mr. Carman that he was made secretary of the bank by the trustees; that he was immediately and closely connected with them in the matiagement of the business and affairs of the bank; that he was dependent upon them for his position and office ; that it will be the duty of the receiver to prose- cute the trustecs for personal liabilities to the creditors of the bank, incurred by them by malfeasance and misgonduct; that the depositors gener- ally are dissatisfied with Mr. Carman, and haye no confidence in his fidelity to hia trust in auy matters touching tho liability or interest of the trus- tees; that the depositors had no opportunity to bo heard in relation to Mr. Carman’s appointment, and that all the fucts connected with the management and suspension of the bank were not brought to the knowl- edge of the Court, These points raised in opposition to Mr. Carman’s remaining receiver are, of course, strongly combated by his counsel and partigans. Relative to the modification of the previous. order, it was moved, first, to modify the in- Junction s0 far as to permit Mr. Carman to re- ‘coive interest moneys on mortgages, &c., and deposit them in a trust company, which was assented to; and second, to postpone the hearing until Saturday, the Jath, at Kingston, on the ground that the affidavits against the receiver were so voluminous that he re- quired more time to answer them, ‘This was earnest}; opposed by Mr. Fitch, who said his clients were small depositors who actually needed tl little sums they had saved, and that overy delay was a serious matter to them, though not, perhaps, to other depositors. Alter some considerable discussion, Judge Westbrook finally directed a modification of his order in particu- lars as above stated. FORFEITING RECOGNIZANCES. It is frequently announced in reports in connection with criminal proceedings that the ball in the case was forfeited, Instead of stepping up to the captain's office and settling, as naturally would be supposed to be the next step in the programme, the confiding bonds- men, in the hope of saving payment of the amount of forfeited bail, apply to the Court of Common Pleas, General Term, for a review of the case, this being the tribunal specially designated by statute to take cogni- zance of this class of cases. About a year ago, however, this Court took prompt action in the matter and effect ally put its foot down to prevent bondsmen from avoi ing payment of their sureties. Threo cases of this class wore decided yesterday by this Court, and the decision rendered goes to show that the Court still remains in- flexible in the discharge of its duty in this régard, and dos not propose to abet in any way what ts ‘popularly known as ‘jumping bail” 3 In the first case the prisoner's ball was forfeited in May last. Three mouths later be was surren- dered by his bondsmen, and fivo days afterward @ nolle proseqal was entered and the prisoner discharged, ‘The bondsmen thought that inas- much as they subsequently surrendered — their prisoner, and particularly in view of the fact that he was discharged by the Court, the order forfeiting the bail should be reversed, ‘The Court holds that whatever happened subsequently in the caso had nothing to do with the nonproduction of the prisoner at the time of his trial. ‘The original forfeiture ts, therefore, sustained, In the other cases the excuses were that tho District Attorney, or one of his assist. ants, had told the bondsmen that tho prisoner would not bo needed untila certain day. The Court holds Qhat these verbal stipulations must be utterly disro- arded; that to be efiectual they must be mado either in writing or be cancelled by the District Attorney in Fl court, In thege bases the forfeitures of bail were likewise sustained, THE DES ANGES TRIAL ‘Tho trial of ex-Doptity Collector Des Anges was re- sumod yesterday, The District Attorney, desiring to put in more evidence for the government, called George F. Grey, of Grey Brothers, who identified papers in the matter of thirty entries his firm, as Custom Iouse brokers, had made for Charles I, Lawrence, Theso among them- | entries, he stated, were made {n 1874, and in January, 75. Nathantel W. Howell, a Custom Honse officer, wno {dontified certain permits for public store cases, given by the prisoner, George W. Weed, Inspector of Customs, was examinod ns to the manner of pearing goods from the vessels to tho Custom House or warehouses, L. 0, Bodine, a Custom Houso clerk, was called to {dentify eome of the entries; J, H. Lewis, a colored DECISIONS. SUPREME COURT—CHAMBERS, Ry Judge Donohue, Matter of tho Ascension Mission Association; Satter of the African Methodist Episcopal Church.—I wish to see counsel, Van Volkenburgh vs. Conklin.—Denied. ‘ Matter of Yappen; Matter of Hertz; Matter of the Mutual Life Assurance Society; Lyne vs, Gilman; Odorless Apparatus Company vs. Coulter; Cushier vs. Kohehof; Matter of Exner; Qua¢kenbush ys. Myers; Matter of Lloyd.—Granted. Snyder vs, Bristol; King vs, Kirkland; The Jackson and Woodwin Manufacturing Company vs, Kirkland; Austin vs. Blauvelt.—Motions denied, Samuel 8. Green vs. Mary A. Green.—Report of ref- at rida and decree of divorce granted to the plainti ; Flagg vs. Drescott.—I see no necessity for an order in this matter, Matter of Zlonowski.—Motion granted. Klein ys. Cohen.—Motion denied, Memorandum. y Judge Lawrence. Gliestein ys, Lambert.—Order of May 20, 1875, va-~ cated, on the ground that the order should have been in the alleviative, and also because, although an ex parte order, 1t extends the defendant's time more than twenty days, Evans vs. Fullerton.—Order of arrest vacated, on the ground that the original order of arrest hud spent its force and that the alteration in the return day was iunproperly granted, SUPREME COURT—SPECIAL TERM, By Judge Van Vorst. : Earle vs, Johnsou,—Judgment for defendant. Opin- 0. n. Harrison vs. Webb, et al.—Findings and decree signed, COMMON PLEAS—GENERAL TERM. By Judge J. F. Daly. Norwood, Jr., et al. vs. Barcalon.—Motion for leave to appeal to Court of Appeals denied. The People, &c., vs. Canabeer and another.—Appli- cation denied, but’ may be renewed when prisoner is {nied and upon additional proofs. _ The People, &c., vs. Cary and another.—Application denied; may be renewed on additional proofs, ‘The Peopie, &¢., vs. Doll et al—Application denied. Prisoner must be iriéd before motion can be enter- tained, See People vs. Cowan, 49 How. Py R. Oh The People, &c., vs. Luikart et al—Application Ge- nied, with leave to renew. Sce People vs. Cury at this term. The People, &c,, vs. Arteaga et al.—Same decision, Assenbainer ys, Olirt,—Judgment affirmed. COMMON PLEAS—SPECIAL TERM, By Judge Loew. As Osborn ys. Osborn.—Decree of divorce granted to the plaintiff, $ Laven vs. Levine.—Order of arrest should be vacated. See memorandum, Corts vs. Picard et al.—Motion to vacate ordor of ar- Test granic’, See memorandum. Jattey vs, Fettretch —Findings of faet and conclu- 61008 of law settled. By Judge Larremore. Hirschfeld vs. Wenner.—Detault opened and cayso set down for Novetuber 1 Baxter vs. Cummings.--Motion granted, Dunton va. Dunton. ‘der of publication. * Kubach vs. Kubach.—Order for alimony and counsel ee, SUPERIOR COURT—SPECIAL TERM, By Judge Spoir. Carlton va. Knapp.—Phe_ plaintiff is entitled to judg- ment on the answer as frivolous, Miller, &¢., vs, Hall. —Case settled. SUMMARY OF LAW CASES. George W. Mott, the canal boat captain, arrested several days ago for passing a counterfeit fifty cent stamp, was yesterday honorably discharged by United States Commissioner Shields, af A motion made on behalf of Martin Bloronsk! to vacate the assessment on his property, which was not authorized by the Common Council, was yesterday granted by Judge Donohue. ‘The case of the government against Lewis Lyon to recover $700 as a tax on manufactured cigars was called up belore Judge Wallace yesterday in the Circuit Court of the United States, The defence is that the defendant in the year in which the information was filed »was not a manufacturer of cigars. Tho case is still on. The result of the trial, the particulars of which have been already published, in which Mathew Lyons sought to recover $5,000 damages from J. Rosenthal, on ac- count of being hit on the shoulders by a box ot goods falling down the hatchway at the latter's place of busi- ness, wasa verdict in favor of the defendant. Tho jury decided he was more scared than hurt, and hence ‘their verdict, ‘A verdict {or $2,813 76 was given yesterday against the Adams Express Company, ia the suit brought. by Elise Magnin to recover the value of a box of watches ex- pressed from this city to Memphis, Tenn, The particu. lars of the ease wore given when {t was first broaght to trial before Judge Curtis of the Superior Courty The principal question involved was whether notification should have been given to the company as to the value of the contents of the box. The jury seemed to think this was unnecessary, Five suits, some of them dating back to 1961, wero | instituted by the city against the Brooklyn Feary Company, or rather against suretiés, for non payment of leases It appears that a summons and complaint were served on only one of them. Meantime most of the sureties have died, and so many changes have been in- troduced by she Common Council in regard to running the ferries that it has been concluded to drop the suits | altogether, at least in thoi original form. A motion to ‘this effect was made yesterday before Judge Donohue, in Supreme Court, Chambers, and granted, In the case of C. HT. Ahern and Charles T. Bald- win, dealers in flowers, who aro the defendants, and the government the plaintiffs, the jury in the United States Circuit Court, before Judge Wallace, yosterday rendered a verdict for the defendants, The action was to recover $12,600 alleged to be due the government as tax on the manulacture of flowers, The suit turned upon the question of law whether the recombining of imported artificial flowers is a manufacture under the acts of Congress of 1864 aud the supple. | mentary act of 1866. This isan old case, growing out | of the operations of Collector Batley, the defaulter, who is now in. Brazil, @ fugitive from justico, Colonel Spencer, who commands the Fifth regiment, N.Y.S.N.G., is evidently a fighting colonel, After an argument yesterday simply involving the adjournment of a case’ before Judge Freedman, holding ‘Supreme | Court, Special Term, he got into an altercation with the opposing counsel ‘The latter gentleman suggested to him that he had better proceed to the arch enemy of mankind and agitate his porson, or words to thi effect, ‘This was too much for the Colonel. He sei achair to strike his opponent over the head, bat was prevented by an officer, He then took off his coat, with intent evidentiy to demolish his learned adyer- sary; but the other lawyer was not to be demolished. He'simply said, “Yon can’t scare avy one," and thon | backed out of the room, showing, at least, so much of | courage as to fuce the enemy in his retreat. Juines B, We'r claims to have entered into a partner- ship nine years ago with Nathan R. Vail and William White to introduce horse railroads into Great Britain | and Ireland, lie expending, as he says, $40,000 in tho enterprise, ‘and the other gentlemen procuring tho necessary logislative authority. He clams that largo protits followed the venture, but that ho money came into his pockets, He claims some $200,000, and has Drought sult for an accounting. A commission in Lon- don recently took testimony in the case, The do- fendants applied to Judge Donohue fora reference and denied their liability to account for the receipt of the money claimed. Mr. Weir says the motion was jn- tended to delay the trial Judge Donohue yesterday gave lis docision reiusing to grant a reference, COURT OF GENERAL SESSIONS, Before Judgo Suthorland, A A WOMAN SENT TO STATE PRISON FOR BIGAMY. Jano Scott, a comely young woman, was arraigned on an Indictment for bigamy, On tho 4th of last month she was married to August Miller by Rev. C. §. Brown, at the Five Pothts Mission, “Mr. Milfer discovered soon after that she had another husband living somewhere in Columbia gounty, in this State, and that she had a child by him. The accused stated, in pallation of her offence, that the complainant had made her drink several glasses of brandy. and that while under the influence of the Hquor she had married bim without being con- sefous of What she was doing. Her counsel stated that the first husband stood ready to take her back again if sbe were discharged, The Court refused to entertain any such irregular proposition, and sentenced the ac- cused to imprisonment in the State Prison for one year. PUNISHMENT OF A MALE BIGAMIST. On April 8, 1869, Michael Martin, a laboring man of mature years, married Elizabeth Smythe, in St Teresa’s Catholic church in this city, While she was still living, on the 24th of August last, he led to the altar of St, James’ church, Elizabeth Smith. ‘The sec- ond Mrs, Martin had him indicted by the Grand Jury and he was arratgned for trial yesterday, and pleaded guilty. When asked bythe Court whether he di Know it was wrong to havo two wives, rep! your Honor; divil ahaporth o? law I know,” bent to State Prison for eighteen months, " ROBBING A LANDLADY. John Gibson, who was tried for grand Iarcony three woeks ago, when the Jury disagreed, was arraigned. for a new trial yesterday, The complainant, Mrs, Sarah McAuliffe, of No. 55 Baxter street, testified that on the forenoon of August 28, she went out to market, leaving the accused in charge of her premises, He was thon in bed ina hail room which he hired from ber. When she returned she found that her apartments had been entered, and jewelry, valued at $150, carried off. She at once’ accused Gitson, who stoutly denied tho charge, saying that he had’ been asleep during her absence. The jury found the accused guilty, and he Was sentenced to unprisonment in State Prison for four years, ie was BURGLARS PLEADING GUILTY. Cornolius Curtin, Charles Emory and John Quinlon pleaded guilty to haying, in concert, broken into the machine shop of the Morgan Iron Works and stolen therefrom metal to the value of $500, They were each sentenced to imprisonment in State Prison for two years, FELONIOUS ASSAULT CASE. Joseph Maccaroni, an Italian, pleaded guilty to a felonious assault with a knife upon Patrick Bard. The ‘wo men were confined in the vagrants’ cell on Black- well’s Island, and, getting into @ dispute, the accused drow a knife and stabbed the complainant’ in the site The Italian was sent to State Prison for four years, TOMBS POLICE COURT. Before Justice Flammer. ALLEGED LARCENY BY TRICK AND DEVICE, James Lee, a plamber doing business at No. 145 West Forty-ninth street, was yesterday afternoon arralgned before Justice Fiammer, at the above court, on a charge of defrauding Thomas R. Dawley of $47, by trick and device, The facts as they appear in the affi- dayit are that Dawley, who ig a boss printer at No. 81 Beekman street, having prinied some legal matter for Lee, on the’ 80th ‘of October, sent the same by his boy to Lee’s office with orders not to leave it without getting paid. Lee teok the matter, and, glancing at the bill, told the boy to return in an hour and he would pay it, In an hour the boy came back, and Lee positively refused to pay the money or return the books. Dawley thereupon caused his arrest, Lee said, in defence, that he rotused to pay the bili because it was largely in excess of the amount for which it was contracted, and kept the papers for the reason that it was necessary to serve them in a law case that afternoon, Lee was held to answer, ESSEX MARKET POLICE COURT. Before Judge Otterbourg, VIOLATION OF THE EXCISE LAW. Edward Sully, of No. 865 Bowery; Patrick Reilly, of No, 157 avenue B, and Edward Hare, of No, 704 avenue C, were brought before Judge Otterbourg yesterday on a charge of violating the Excise law preferred by Officer Hildebrand, of the Seventeenth precinct, and Officers Ratchford and Guesel, of the Eleventh precinct, re- spectively. The accused were committed in $106 bail each to answer, which bail was promptly furnished, BROUGHT TO TERMS. A fow days ago Ernestine Harris, of No. 52 Pitt street, came before Judge Otterbourg and made a com- plaint of abandonment against her husband, Abraham Harris, whom, spe stated, bad married her two months before and had left her within a month after the m: riage. Ernestine was directed by the Judge to produ her mimmrriage certificate, She accordingly went to Rabbi Abraham Hever, 67 Ns, 10 Essex street, who performed the ceremony, but he refused to give the required certitl- cate unless he received $3 50. The circumstances as alleged wero stated to Judge Otterbourg, and that magistrate issued a summons lor the delinquent rabbi, Ho appeared at the Essex Mar- ket Police Court yesterday afternoon and with many apologies produced the requisite certificate, and Mrs. jarris obtained the warrant she was seeking. WASHINGTON PLACE POLICE COURT. Before Judge Kilbreth. ENTICED AND ROBBED, _ James Cullertor, of No, 49 East Fifty-seeond street, ‘was enticed into a house at No. &7 Thompson street on Thursday night by Fanny C.. Hallenbech and Henry Jones, both colored persons, and was robbed of a gold watch and chain and $10 in money, Fanny Hallen- bech’ avd Henry Jones were arrested yesterday morn- ing by OMeer Larkin, of the Eighth procinet, and com. mitted by Judge Kilbreth in $1,000 bail each to-answer, THE UNITY CLUB (COLORED). Isaac P, Smith, John Randolph, Charles Benson, Garrett Jackson, John Powell and Amos Dobson, the six colored men who were arrested on election day on complaint of Arthur J. Delaney, the Tammany candi- date for Civil Justice in the Third Judicial district, for illegal voting, were brought before Judge Kilbreth yesterday for examinatiom The complaint against. the prisoners was that they registered from No. 80 Sullivan street, the headquarters of tho Unity Club, a colored political organization, of which George Washington Parker is president, and that they ha@no legal residence therein, it being merely & meeting room for the club, o called, Coun- sellor Spencer appeared for the prisoners, and Arthur J. Delaney for the prosocution, Counsellor Spencor endeavored to prove that hia chents had a permanent residence in the club room and paid fifty cents a month for the privilege. The question of boarding, eating, &c., inthe club room was brought ope bub Judge Kilvreth concluded to withhold his decisidh till to-day, POLICE COURT NOTES. Mary Waas was held to answer, in $1,000 ball, at the Tombs yesterday, on acharge of keeping a disorderly house at No, 98 Elizabeth street. Lucy Buchannan was committed for trial at the Tombs yesterday on a chargo of stealing a wallet and | $60 from Abby O’Brien, in a lodging house, on Thurs day night, Bail was fixed at $1,000, Henry G. Benton was held. to answer on a charge of embezzling the sum of $15 from his employer, Joua Oberstecter, of Nos 31 and 83 Wulker street.’ Bgil $1,000, On the 26th of October Leon Dectman, of No, 12 Unton street, Brooklyn, was robbed in Water street of a valu. able gold watch, A few days afterward Detective | Kearns, of the Fourth precinct, arrested one Michael Quigley for having in bis possession a pawn ticket for | the afore d watch, Quigley was taken to the Tombs | and released im $1,000 bal. Two daya ago, as tho | folice express it, he weakened and told the detective how he had come by the pawn ticket, Ho obtained tt, he said, from Jolin Sullivan, who says ho got it from John Shannan, The latter states that ho pawned the watch for Christopher Barry, who admits that ho stole it, All three were arrested yesterday and taken betore Justice Flammer, who held them for examination, UNITED STATES SUPREME COURT. FULL OPINION OF "MH COURT ON THE STATE | USURY LAWS AS AFFECTING NATIONAL | * BANKS. Wasmwvarox, Nov. 5, 1375. | No, 602, October tarma, 1875,—Tho following \e the opinion in full of the Supreme Court of the United States In the case of the Farmers and Mechanics’ Na tlonal Bank of Buffalo, plaintuf in crror, vs, Petor C. Dearing, delivored some time ago:— In error to the Gourt of Appeals of tho State of New York. Mr. Justice Swayne deliverod the opmion of the Court, Tho question presented for our determinaiion {n- Yolves the construction of the provisions of the Na- tional Bank act of Congress of the 8a of June, 1364 (13 Stat, 99) upon the sybject of tho interest to bo taken by the ‘institutions organized under that act. The plaintiff in error is one of those institutions, The thirtieth section of th + declares “that every association may take, receive, re- serve and charge on any loan or discount made, or upon any note, bill of exchange or other evidence of debt, in- terest at the rate allowed by the laws of the State or erritory where the bank 4s located, and no more, ex- cept that where by the laws of any State a different rate is limited for banks of issue organized under State laws, the rates so limited shall be allowed for assooia- tions organized jn any such State under this act, And when no rate is fixed by tho Jaws of tho Stato or Territory, the bank may take, receive or charge a rato not exceeding seven per cent, and such interest may be taken in advance, reckoning the days for which tho note, bill or other evidence of debt has to run, and the knowingly taking, receiving, reserving or charging a rato of interest greator than aforesaid shall bo held and adjudged a-forfetture of the entire interest which tho note, bill or other evidence of debt carries with It, or which" has boon agreed to be pald thereon; and {n caso a greater of interest bas been paid tho person or persons paying the same or their rep. resontatives may recover back, in any action of debt, twico the amount of interest thus paid from the associa~ tion taking or receiving tho same, provided that such action is commenced within two years from the timo the usurious occurred, But the purchase, | ihment or the remedy can be only that which the | Aiscount or gale of a bona fide bill of exchange, payable at another plaee than the place of auch purchase, dis. count or at not more spate, current rate of ex- n to Ghange for sight drafts, in w'dition to the {uterest, shall Be # be conaldared os taking or receiving a greater rave ‘The facts Of the case are fow and simple. oh Leinber, 1874, it was agroed ain! a the parties Doltmeating should make his promissory note to one that tae bor £2,0% payable one month from date, aud the ube bank should discount the note for Dearing at 2 rate of interest of ton per cent per annum. This agreeiment Was carried out, The bank received the note and paid to Dearing the sum of $1,981 67. The discount reserved and tak n was $18 38’ The fate of interest which the bunk was legally authorized to take was seven per cent per annum” the exces resorncd over that rate was $5 60. Dearing tailed to pay the note at maturity, The bank thereupon sued him in the Superior Court of Buffalo, He answered that tho agreement touching the discount was usurious, corrupt and illegal; that itavolded the note, and that he was in nowise liable to the plaintiffs. Tho Court sustained this defence and gave judgment for the defendant, At the General Term of that Court the judgment was at. firmed, and the judgment of affirmance was subse- quently affirmed by the Court of appeals, | No searching analysis necessary to eliminate the | several provisions of the section to bé considered to | develop the true meaning of each and to draw the | proper conclusions from all of them taken together. First—The rate of interest chargeable by each bank 4s to be that allowed by the law of the State or Yerri- tory where the bank {8 situated. Second—When by the laws of the State or Territory a different rate is limited for banks of issue, organized under the local laws, the rate so limited is allowed for the national banks, Third—Where no rate of interest is fixed by tho Jawa of the State or Territory the national banks may charge atarate not exceeding seven per cent per an- On tho 2d um, Fourth—Such interest may be reserved br taken in advance, Fifth—Knowingly reserving, receiving or charging “a rate of interest greater than aforesaid shall be hold and adjudged a forfeiture of the interest which the note, bill or other evidence of debt carries with it, or which has been agreed to be paid thereon, ? Sizth—If a greater rate has been paid twice the amount go paid may be recovered back, provided suit be brought within two years from the time the usurious transaction occurred, Seventh—The purchase, discount or sale of a bil) of exchange, payable at another place, at not more than the current rate of exchange on sight drafts, in addition to the interest, shall not be considered «s taking or re- ceiving a greater rate of interest than that permitted, ‘These clauses, examined by their own light, seem to us too clear to admit of doubt a5 to anything to whitch they relate. They form a system of regniation. All the parts ave in harmony with each other and cover the entire subject, But ivis contended that the phraso “a rate of intorost greater than aforesaid,” as it stands in the context, bas reference only to’ the preceding sentenco, which relates to banks where no rate of inter- est is fixed by law, and that hence it leaves the conse- quences of usury, Where such rate is fixed, to be gov- erned wholly by the local law upon the subject This, 1p the Stato of New York, would, in all such cases, ronder the contract a nullity, and forteit the debt’ Such the Court of Appeals held to be the law in this case, and adjudged accordingly. Neither of these views | can ‘be maintained. The collocation of the terms in | question does not grammatically require such a con- struction, Viewed in this light the phrase is as much applicable to both the foregoing clauses. as to tho ext preceding one. Tio point to be sought is the intent of the law-making power, Tho offence of usury under this section is a8 great where the local law doeg not as where it does define tho rate of interest, The same considerations apply in boh cases, Why should Congress punish in one class of cases and, So far as its action is concerned, exempt in the other? Why such discrimination? Tho result would be that in Pennsylvania, where tlic contract would be void only as to the unlawful excess, the bank would lose nothing but such excess, while {n New York, under a contract precisely the same, except as "to the identity of the lender, the entire debt would be lost to the bi This would be contrary to the plainest principles of reason and justice, A purpose to produce or permit such a state of things ought not to be imputed to Congress, unless the cir- cumstances are so cogent as to render that result inevit- able. We tind nothing within the scope of the sab. Ject of that character. The second proposition—that the State law, including its penalties, would apply, if the first proposition be sound—is equally untenavie, If the coustruction contended for wore correct the State law would have no bearing whatever upon the case. The constitutionality of the act of 1864 Js not questioned, It rests upon the same principle as the act creating the second hank of the United States. The reasoning ot Secretary Hamilton and of this Court in McCulloc! Maryland (4 Wheat, , 316) and Osborne va, the Bank of the United States (9 Wheat,, 708) therefore applies. The national banks organized under the act ara instruments designed to be used to aid the government in the administration of an important branch of the public service, ‘They are means appropriate to that end. Of the degree of the necessity which existed for creating them Congress is the sole Judge. Being such means, brought into existence for {hiv purpose, and in- tended to be so employed, the States can exetcise no control over them, nor in any wise affect their opera- tion, except in so far as Congress may see proper to permit. Anything beyond this is ‘tan abuse, because itis the usurpation of power which asingle State can give.” Against the national wiil “the States have no power, by taxation or otherwise, to retard, impede, burden or. in any manner control the operation of tho constitutional laws enacted by Congress to carry into execution the powers vested in the gencral govern- mont.’ Bank of the United States vs. McCulloch, supra; Weston and others vs, Charleston (2 Peters, 466); Brown ys. Maryland (12 Wheat., 419); Dobbins vs. Erie County (12 Wheat., 419), The power to create carries with It the power. to pre- serve, Thelatter is@ corollary from the former. Tho prineiple announced in the authorities cited is indis- pensable to the efficiency, independence, and, indced, to the beneficial existence of the general government. Otherwise it would be liable, in the digcharge of ita most important trasts, to be annoyed and thwarted by the will or caprice of every State in the Union. In- fintte confusionavould follow. ‘The government would be reduced toa pitiable condition of weakness, Tho form might remain, but the vital essence would havo departed, Tn the complex system of polity which ob- tains ju this country the powers of government may bo divided into four classes :-— Those which belong exclusively to the States. Those which belong exclusively to the national gov. ernment. ‘Those which may be exercised concurrently and in- | dependentiy by both. And those which may be exerctsed by the States, Dat only with the consent, express or implied, of Congross, Whenever the will of the uation intervenes exclusively in this class of cases the authority of the State retires: | and lies in abeyance until a proper occasion for its ex- ercise shall recur,—Gilman vs. Philadelphia (8 Wall., 3); exparte McNeill (18 Wall., 240), ‘The power of tha States to tax the existing national banks lies-within the category last mentioned. It rauist always be borne in mind that the constitu. | tion of the United States, “and tho laws which shall bo | made in pursuance thercof,” are “the supreme Jaw of | the land” (Constitution, article 6), and that this law is point which has not been argned and upon which wa oapeses no opinion, The judgment of @#re Court of “Ap. Boule la reversed and’the Will be-rémanded, with directions to proceed in conformity with this opinion. A COLORADO COURT. THE ADMINISTRATION OF JUSTICE IN BLUM LIZZARD GULCH. (From the Rocky Mountain News.] Jim Barker, a well-known character of the monne tains, whose latch-string bangs out at the head of Blue Lizzard Gulch, was duly elected a Justice of the Peace for that section of El Paso county, at the Sép- tember election; and Mike Irving, a comrade of Jim’s, Was empowered as the executive officer of the Court, Last week Jim convened his first Court to hear the comp'aint of Eider Slater, a travelling missionary, Who had caused the arrest of Zimri Bowles, a resident of the foot hills, upon a charge of stealing the Elder's one-eyed mule, Zimri had been arrested by Irving, the constable, while in the act of easing the descent of the mule down Mad Gun Mountain, with his lariat fastened to the tail of the animal, The Proof against Zimri was conclusive, Age cordingly the Justice, afer much legal perplex- | ity of mind, proceeded to sentence Zimri to one year's confluement in the ‘Territorial Penitentiary, | which sentence he concluded ag followa:-—“Au’ now, Zim, secin’ as I'm avout out of things to@at, an’ as you. | Wil’have the cost to pay, I reckon you'd better tale m | turn among the foot-hills with your rifle, a can’t pick up some meat before ni start fur tho Big Canyon before mory | marketing duty was periormed by Zim bri Which ning inone, | Dlack-taul fawn and @ rabbit within the ime prescribed 45 @ postacript. to the sentence, On the tollowing morning the Constable, mounted on his broucho, ae~ companied by the prigonor astride of the mule which the elder had kindly loaned him, startea through the mountains for tho Penitentiary, where tiéy arrivea the second day out, their animals loaded with deer, antelops.and a sinall’ ctonamon bear, which they Bal to the Warden of the prison. After dividing the mone the Constable prove 4 x y ded to hand over Zimri on t following mitfimus, which is carefully preserved, and. may be son in the possession of the Warden—~ “To the hed man of the Colorado prison, dé foot of the Big Canyon on the Arkansi imri Bourts, whe comes with this here, Stole Elder Slater's one-eyed mule, an it was all the’ mule the Hider had, and I senteuced Zam officially to one year in the Colorado prison, and sooing as Zim once stood by me like n when the Injuns had me ina tight place. an arter I sentencea Zim to one year for stealing the Elder's mule, my wi! Lizzy, who ts a kind o’tender hearted critier, coine and leaned her arm on my shoulder an says sho, ‘Father, don’t forget the time when Zim, with his rifle, covered our cabin from Granite Mountain, an saved us'lrom the Arapahoes, an Father lL haye heard you tell that after you was wounded at Sand Creek, an helpless, it was Zimri’s rifle that halted the Indian that was crooping’in the grass to scalp you.’ An then there was a tear splash fell upon the sentence and L changed my mind sudently, as follows:—Seeing as the mule had but ono eye, aud’ wernt mor'n half a mule at that, you can let Zim go at about six months, an sooner if the Injung should get ugly, an, furthermore, if tho Elder shut quiet down an give in any times, I will pardon Zim out instanter, “Witness my official hand and seal, ‘JAMES BARKER, J. P. fin Bluo Lizzard Gulch, El Paso county, in the Ter- ritory.”” The Warden, after informing the Constable that he could not receive the priséner upon the commitment offered, proceeded to explain that he should have given & bond in the sum of about $300 to appear at the District Court. Accordingly the Constable withdrew with his prisoner, when it was agreed between them that Zimri should give the Constable his bond for the amount mentioned by the Warden. This was accom plished by Zimri subscribing his name to an old replevin bond calling for $300, found among the papers transmitted to the Constable by his predecessor, ‘Then, us the Constable intended returning by way of Pinon Mountain, to examinea bear den where ho had seen couple of cubs playing last spring, he gave the bond to Zimri to take back to the Justice.’ But Zimri, while on his return, traded the $300 bond to a mountain squate ter, just in from Missouri, for a horse, saddle and bridle, and the prisoner is believed to be al this time a dashing hunter on the plains, A TERRIBLE DEATH. A FALL FROM THE DOME OF THE MEMORI&SN BUILDING. [From the Philadelphia Chronicle, Noyember 4.] Yesterday afternoon the workmen and othersin sight of the Memorial Building at the Centennial Grounds, were horrified to see one of the workmen om that building while walking around tho top of the dom@ suddenly miss his footing and come whirling dowm through the air, his body'making several turns as ho descended to theearth beneath, A sickening feeling ‘was experienced by every one who witnessed the ter~. rible sight as his body struck the ground with a thud that seemed terribly loud and distinct, and might, in- eed, have been heard for a considerable distance, B1iil more horrible was the sight as they gathered about tho mass of bruised and broken humanity that mot a mo- ment before bad been a stalwart maa, full of life and vigor, and the prom.se of many years yet before him, His body was mashed almost’ beyokd reeognition, althdugh there were a few pulsations of life remainin, in him, He was unconscious, however, of course, an it is probable was before he reached the ground. His bruised body was tenderly taken Us 5 an attempt was made to take it to the Presbyterian Resto though it was evident bo was far beyond all human aid, bat before reaching the institution what little Fite remained in him had passed away, The name of the unfortunate was Robert Miner, his age was twenty-four years, and he js suid to be a resident of Buffalo, N, YX.) The disunce he fell was cighty five feet. MURDER TO HARP MUSIC, INTERVIEW WITH THE ITALIAN AT DENVER—DRINKING RUPORTING. From the Denver (Col.) News wo have a sensational, blood-and-thunder account of the operations of the Italians who recently committed the cellar murder in that city. The murderers were captured and impris- oned at Denver. Leosandrl sald:— ‘The killing commenced Friday, October 15, at halt past ono o'clock P.M. I was pl arp in the irout room, The old man (c was my godiather, the big; others were playing cards. The cards lay on a box, oF CUITHROATS BLOOD—WESTERN as much a part of the law of each State and as binding upon its authorities and the people as its own local | constitution and lawa. In any view that can be taken | of the thirtieth soction the power to supplement it by | State legisiation is conferred neither expressly nor by lutplication. ‘here is nothing which gives support to such a suggestion. There was reason why the rate of | interest should be governed 4 the law of the Stato | where the.bank 18 situated, but there is none why us: should be visited with the forfeiture of the entire dett in one State and with no penal consequence whatever in another. This we think would be unreasonable end contrary to the manifest intentof Congress. Whero astatute prescribes arate of interest and simply forbids the taking of more, and more is contracted for, the | contract is good for What might be lawfully taken’ and void only as to excess—Barnokisel vs. Wright, as- signee, 22 Wall. (now in pross); German vs. Caivert, 12 | Sarg., &&, RK, 4% Forfeitures are not favored in the | Couris always incline against-them—Marshall vs. Vicksburg, 16 Walk, 186 When either of two con- structions can bo given toa statute, and one of them involves a forfeiture, the other is to be preforred— Vattel, 10th Rute of construction, Where a statuto | creates a new offence and denounces the penalty, or | gives a new right aud declares the remedy, the pun- | statute presgribes—Staitord va. Ingersoll, 3 Hill, 38; First National Bank of Whitehall vs, Lamb, 67 Burb,, | 429, ¢ thirtieth section 1s remedial as well as penal, and is to be hiberally construed to offect the object which Congress had in view in enacting it. (Gray vs. Ben- nett, 8 Mot., 539.) ‘he forty-sixth section of the bank. | ing Act of February 25, 1863 (12 Stat., $79), declared that reserving or- taking more than tho interest allowed should “be held and adjudged a forfeiture of the debt or demand.” Ln the act of 1864 the forfeiture of the debt is omitted, and there is substituted for it the forfeiture of the interest stipulated for, if it had only been re- served, and the recovery of twice the amount where | th# interest had been actually paid. In tho P Statates of the United States of the 22d of Jun sd 1,011, the provisions of the wbirtieth section of t cl of 1564 are divided into two sections, and the language is So changed as to render impossible in that caso tho same constructior that of the thirtieth section con- tended for by the counsel of the defendant in error in this case, In tho “act to amend the nsury laws of the District of Columbia,” of the 22d of April, 1870 (16 Stat., 91), it is provided that six per cent per annum shall bo the lawful rate of interest, but that partics may contract for ten por cent, and that if more than ten per cent bo contracted for ihe entiro interest shail be forleited, and that only the principal. debt shall be recoverabio, It is further declared that if the unlawful interest has been paid {t may be recovered back, provided it bo sued for within one year, It is declared in the last section that this act shall not affect the Banking act of 1864 This latter legisla- tion shows the spirit by which Congress was animated in passing the thirtieth section of the act here under consideration, and {8 not without value as affording light whereby to ascertain the trao meaning of that rection, if there could otherwise bo auy doubt upon the subject, This section has been cluborately considered by tho highest court of Massachusetts, of Pennaylvania, of Ohio and of Indiana; Davis, receiver, ys. Randall, 115 Sass, $47; Contral National Bank vs, Pratt, Id., 689; Second National Bank of Erie ys. Brown, 72 Pa. Rep. First National Bank of Co- 22 Ohio St. Rep., 492; Wiley vs. Starbuck, 44 Black’s Rop., 19% In all those cases views were expressed in conflict with those maintained in tho First National Bank of Whiteball ya. Lamb et al 60 New York Rep., 100. This adjudication controlled | were playing, too. | and crying, and they bench, and the players were seated around ine eitcle aud the old man was dealing out the cards, Bellett Campagne and ‘the miner’? (1 don’t know hig mame) + Filomeno Gollotti, the boss tinker, was standing up and wasn’t playing, He reached under his coat and pulled outa braght knife and took the old man by the hair with one hand and with the other eut his throat clear around. * The blood few on the cards and into the faces of the other players, The old mai fell back and Filomeno jobved the knife in here, and there, and there (poinung to the hi ide and abdomen). At the same tie the other fellows ponr- menced cutting the big boy. He was sitting at my side, playing the harp, too, and when they pitched on.to him and he saw his father’s throat cut he commenced to run-around the room and trying to fight them of Ho kept throwing his hands up'that way (making a motion) n't kill him; but when Filoe meno got through stabbing the old man he rushed in on the big boy and cut his throat just like that (strok- ing his hand acrose his throat), That @nished him “L kept on playing the harp,” continued the boy, “for L did not dare stop. 1 was scared so 1 trembled all over, Once I quit @ moment, and Filomeno shook me and » drew his knife across my throat, and said he'd cut my damned head off if I didn’t play. ‘So I started up again. Filomeno told me L must lick his knife blade, and then be told me to drink Some of the old man’s blood; bas L ved to him and told him I had tasted it, and he off, telling me I was.a brave boy aftor all, Hi up a handful of blood, which was running fro) ig boy’s throat, end drank it, and thon iieked his hand. They made the play. on while thoy threw the bodiog into the cellar,” Bellette says:— When the two last ones camo in the back way Filor mono stood bebind the door, and as the little oneen tered, carrying his harp, he’ said to me, holding -up a fancy article he had bought, “Look here, Pye boughs you something nice to-day.’’ And just then Filomeno ized the poor boy, pulled him down to the floor, put his knee on his head, and romarked in Italian, “Ab, my boy, Dve got you now i” thrugt the Knife up to the hilt back of his ear, and gasbed the throat wide open, This sickened me, ‘The other one came tn, and Filomeno and the miner and the tall tinker cut him alto piecas, He held on to his harp, and ran around the room with his throat cut and the blood flying from the | and Filomeno stabbing him with his knife, He fel down, with the harp ou top of him, and they finisher him with their knives. The old man wore a belt filled with gold, and Filomeno took that and divided the gold all round. 1 think there was about $1,400, He gave us three $225; $100 in gold, $100 in paper, and $26 in ver, I know it was an awful murder, but I wasn't to blame; I had to help or be killed by Fiiomeno Gollotti, ~ A FOOLISH GIRL, , * [From the Butler (Ga) Herald ] ‘We learn from one of our best citizons, who returned from Macon last, night, that a Miss Butlor, danghtor of the watchman at Flint River bridgo, on the South- western Railroad, was run over and killed by a poll car yesterday evening late, She had been in the habit of putting her foot on the track and jerking it up just iu time for the car to miss it, or get on the track and fon off Just in time to escape being run over; but this time, Proved fatal, She was standing on the track, faciny’ the poll car (which was coming up to Reynolds'to lev the gravel train pass), and put her foot up as if she the result of the litigation between these parties, Upon reason and authority we bavo no hesitation in coming to the conclusion that thero is error in the caso before us, Tho plaintiff below was entitled to recover tho principal of the note sued upon, less the amount of tho interest unlawfully reserve Whether he was on- titled to recover interest upon the amount of the prin- cipal 20 reduced, after the maturity of the note. is a ifi- tended stopping it, But, alas! ere she could tara: leave tho track she had met her sad fate a crushed to death. Tho poll car was runving at peed of twenty miles an hour, and It impossible for it to be stopped. The deceased was At. teon years old, and isgaid to bave been a very pretty andy accomplished young lady. Mr. Butler and family h: the heartfelt sympathy of the entire community in% thotr sad affliction, ?