The New York Herald Newspaper, December 4, 1875, Page 8

- attorney's Jien sacrificed on the othor. —_—- THE COURTS. Another Memento of the Mem- orable Black Friday. Jay Gould as a Whilom Gold Operator. RELATIONS OF CLIENT AND ATTORNEY. | ——-—_—— Erie Railway Suits To Be Prose- cuted in England. ‘The operations in gold of Jay Gould and the late James Fisk, Jr., on what is known as “Black Friday,’ still rontinue to be the subject of litigation in the courts, In addition to the numerous suits now pending, grow- ing out of the operations of that memorable Friday, a new suit has been commenced in toe Supreme Court in this city, by Messrs. Sullivan, Kobbé and Fowler, as at- torneys for John A. McPherson. Mr. McPherson sues as the representative of Isaac 0, Davis & Co., and in his complaint includes as defendants Jay Gould, Henry N. Smith, Henry N. Martin and James B, Bache. In the complaint it is charged asa first cause of action that, on or about the 23d of September, 1860, plaintiff, as partner in the firm of Isaac O. Davis & Co. (Mr, Davis being since deceased), agreed with the defendants, through Albert Speyers, to deliver to them by twelve o'clock on the following day, $25,000 im gold coin; that at the time agreed upon plaintiff was ready to deliver the gold, but i was refused by defendants, and by failure of defendants and Speyers to receive and pay for such gold, plain was damaged to the extent of $2,437 50, As a second cause of action the complaint charges that at the same time platntif further agreed with defendants to deliver Wo them on the following day $20,000 in gold coin; that they were ready at the time agreed to deliver the gold, | Dut defendants refused to aceept, thereby damagin: plaintiff’ to the extent, of $2,075. "As a third cause of action It is alleged that om the 24th of September, 1869, plaintiff agreed with defendants to deliver to them on the following day the sum of $100,000 in gold coin, which plainti® was prepared to Geliver as agreed, but which defendants refused to accept, and that by such non-acceptance plaintiff sustained damage ip the sum of $15,500, By reason of defendants failing to accept the gold thus contracted for under the three agreements Hamed plaintiff claims to have } dam. | considerable blood was spilled, bat no serious harm 1012 50, for | done. The case will be continued to-day, ag Se atent cee (er | "Tn the United States District Court yesterday, Judge ndanta, To this complaint anda. similar | Blatchtord presiding, the case of tho United States one made in another suit if the name of Robert H. | against the agents of the York Street Flax Spinning ‘Thompso se growing out of “Black Friday” | Company, of Belfast, Ircland, was continued, Tho case operations, Jay Gould, through his attorneys, Messrs. Sbearman and Sterling, makes auswer that if any guch contract was ever made, it was made to be per- formed: at a future day, and at the time of entering into such contract it was hot the Intention of the plain- tiff actually to sell or deliver any gold or other coin of nny kind to the defendants, or to any person whatever, nor was it the intention of the defendants, or any of them, or of any person dealing with plaintiff, that de rendants or any of them sould actually pay to plain- tiff the currency price of such gold or other coin, or | any part thereof, which facts were at the time of such pretended contract weil known to ali the parties there. 40; but, on the contrary, it was the mutual design and intention of all the pariles thereto that the eald pre- tended contract should not be specifically or actually performed in whole or in part, and that nothing should | be done under the same, except that at the me fixed for its yerformanco the difference be- tween the market value at that time of the gold coln referred to and the price fixed jor sach gold coin should be paid by one party to the other as a | full eatisfaction of such pretended contract, and instead | of any literal performance thereof; that the market price of gold coin in currency for the day upon which the raid pretended contract was to mature Was, at the time of the making of the said pretended contract, an un- known and contingent event and a chance, and the said pretended contract was pot an actual bargain and agree- ment for the sale of any gold or other coin, but was a mere bet and wager on such tuture market price of gold coin, and on the chance or event of a rise or fall in such future price, aud was a mere gambling (rausaction ; that the parties to the said pretended contract intended thereby to evade and violate the statate against betting and gaming, and the said pretended contract was, and ‘was intended to be ly the parties thereto, an evasion of | the said statute and contrary thereto, LIENS OF COUNSEL. Im the sult brought by Kate B, Howland against Laara 8. Taylor, individually, and as executrix of James B. Taylor, an appeal was taken frdm an order made by Jadge Donohue substituting Messrs. Wingate and Cullen for Rufus F. Andrews ag attorney for Mrs. Tay- lor, without making provision for the payment ot Mr. Andrews’ advances and claims as attorney, except re- quiring Mrs. Taylor to stipulate to pay whatever Mr. Audrews might recover ina judgment, Mr. Andrews appealed, and the Supreme Court, General Term, has handed down an opinion, delivered by Judge Brady, Jadges Davis and, Daniels concurring, which will be found below, and will be interesting to the legal pro- fexsion :— It ts deemed unnecessary to consider the relatioi between attorney and client orto fllustrate by citations | the lien of the attorney and the intention of the courts to preserve it. The learned Justice at the Special Term recognized the lien and designed to protect it by exacting the stipulation which was required by the order made. The respondent js evidently not in a ecunlary condition now to pay the charges or lien of or. Andrews, and the occurrences which severed their | relations connected with subsequent events make it | apparent that he can no longer continue to be her counseller in tho proceedings which he seems thus far | to hi conducted with ability and success. When | ‘this condition of things exists the question is what is the best course to be adopted by which the client's in- terests sball not be jcopardized on the one band or the Mr. Andrews has been advancing money to his client, as he avers and as seems to be admitted, to enable her to Bony the expenses of her household, and he concedes that rhe has not succeeded in obtaining security in matters | im which it was of great importance and that she has | suffered in consequence. This justifies the Court in believing that she cannot farnish security for his claim and also in assuming that he was acting for her under the conviction that his compensation must be derived from the interest she has in the chief subject matter of the controversies. It must reault from this that the Buhject matter mentioned should serve the purpose of ting the lien of Mr. Andrews, whatever that shall Be adjudged to be, and yet not mm such » mode or t such an amount as to unjust) Fass the interests of the respondent. The stipu- lation cMfiled for by the order will not accom- Nish this, we think, because it relates to her | Interest in the estate of James B. Taylor, when real- ized. This is vot transfer of any present right, and may not prerventa conveyance of the interest which she Possenses, whatever it may be. There should be no doubt of the efficacy of the process employed for | the object to be attained. She should be required to execute an assigument of a part of her interest as col. jateral security for any sum that may be found due to , ‘Mr. Andrews, and an order of reference entered to | ascertain the amount of his claim against ber. In this ‘way the fund which was to be the source of his com- pensation will be applied to idl Spit of his de- | mands, and in this way hia lien will be protected. The assigninent will prevent the tranefer of the funds to his Prejodice. We cannot see any other mode of disposing ‘of this controversy without provoking serious conse- quencer to both partion. Ifwe ire her to pay the costs or give security it will place her interests at the mercy of the plaintiff or compel her to continue the professional relations between her and the appeliant, which, we must assume, would be objectionable to both parties, and thus necessarily subject her interests to unjust exposure, while, on the other band, if we sustain the order in reference the stipulation, we shail de- prive the appellant of the protection which he has the | Fight to expect, and which it was intended he should | have when the motion war decided against him. The | change of attorney and counsel in this case rests upon | the wish of the respondent, and not upon any miscon- duct of the appellant. The order will be modified as herein suggested, ERIE RAILWAY embar- | SUITS IN ENGLAND. Application was made yesterday to Judge Donohuo in Supreme Court, Chambers, by Mr. Hugh J, Jewett, re- | eeiver of the Erie Railway Company, for an drder direct | ing him to transmit $10,000 to England to enable proeeed- ings to be tnetituted apon claims in which the company is interested. It was set forth in the application that the majority of the bonds under the mortgages of the Erie Railway now being foreclosed aro held in Great Brit- | ain; that an association has been formed of the bond. | hoklers under these mortgages and of unsecured bond. | holders in England; thas he has been already authorized ‘to recognize them and to pay a moderate amount toward the association's expenses; and further, that that associ ation is now pressing on him to make efforts to collect ‘two claims, one against James McHonry and the other ae the London Banking Association, both exceed in $1,000,000. It was aeked that the $10,000 be transmitted to John Morris, w onadle him to commence proceedings ‘on the two claims referred to, promptly granted by Judge Donohue. DECISIONS. SUPREME COURT—CHAMBERS, By Judge Donohue. Matter of Maloney.—Granted. Marray lees be ae Groen ve, Lennart. gran Cohes vs, Cross—Motion granted unless plaintif perve com} tin five days, Matter of Donovan.—Memorandam. Van Deusen vs. Kennedy,—Motion denied, without SUPERIOR COURT—S#PECIAL TERM, Gat vo Fiona contents ant, penendoenta ee for settlement aro not in accordance with Fale No 43, im stating which amendments are allowed and which are disallowed; also in defective references to folios in case and minutes. They are returned to the clerk’s office for correction and resubmission. By Judge Curtis Scheina va. Freund et al—Findings filed and judg- ment COMMON PLEAS—SPECIAL TERM, By Judge Larremore. MeLaughlin ys, Turner et al.—Application granted and reference ordered. ‘Metha Neujahr ya Albert Neujahr.—Limited divorce ted. FVildman et al, va Cummertord.—Complaint dis- missed for want of prosecution in two cases, Jobelman vs. Seoman.—Appeal dismissed, with costs. | MeLaughlin vs. Turner et al.—Judgment of foreclo- sure and sale ‘Nosby va. Lockwood, Jr., and Fox vs, Glaentzer.— Motions granted, Lyddy ve ‘fhe Board of Education.—Reference or- | dered. By Judge Robinson. Green vs. The Board of Education. —Findings settled. SUMMARY OF LAW CASES. Judge Westbrook announced yesterday that he would not appoint until next Monday a receiver of the Third | Avenue Savings Bank in place of William 8. Carman, removed, In the suit brought by Sophie Miller against Joseph Bowers, for alleged breach of promise of marriage, a discontinuance was filed yesterday in the Marine Court, in the United States Circuit Court, Judge Shipman presiding, in the suit of H. Hermann, importer of calf- hair goods, against Chester A. Arthur, Collector of the Port, to recover an alleged excess of duties exacted by the government onthe ground that the goous were composed in part of wool, the jury yesterday, by direc- tion of the Court, found a Verdict for the plaintiff in the sum of $135 13 gold, In the case of Frederick W. Von Stade against the Collector of the Port, to recover an alleged excess of duties paid on Importation of hog bristles, on the ground that such jmportations should be dutiable as hog hair only, counsel for the respective parties waived atrial by jury, and yesterday argued the case before | Judge Shipman in the United States Circuit Court, The | Judge reserved his decision, | William C, Deckel’s suit against the city for rent of | an armory, under & lease executed by the Supervisors, was set uside in Supreme, Court Circuit, om the ground that no request for rooin Was made, except in Major | General Shaler’s letter, not particularizing any rooms, which did not comply with the provisions of the military code, Appeal was taken, and the General Term las the judgment, Judge Brady giving the | confirmed | opinion, James Carney, James B. Garretty and R, J. Lean, seamen, , charged with mutiny on the American oner Parepa while in the port of Progreso during November last, were before United States Commis. | sioner Shields yesterday for further examination, The | testimony of the cuptain, H. taken, | showing that the men had been drit:<ing rum and com: | meuced fighting cach othe; with axes, during which | for the government was closed, and William M. Evarts, counsel for defendants, mov that the jury be | directed to find a verdict for defendants on the ground that no cage had been made. The motion was denied, | | and, im the absence of witnesses for the defence, the | turther hearing was fixed for Monday next, ‘The General Term of the Supreme Court has decided that & person receiving In payment of a check more money than the check calls for and going away with | it, is guilty of thett, This decision was made on an ap- peal taken from a conviction in the General Sessions | of Michael Wolfstein, who was sent with a check for | $74 on the German-American Bank and was paid $740 | onit, Aslightexcuso for the paying teller was that | the check or draft was written in French, and that j thrcugh his imperfect knowledge of the language he misinferpreted the amount which was written out. | Charles A. Lewis and others sued the city for $648 38, | Price of fish supplied to the Dopartment of Parks. Tho | | answer was that the sum appropriated for the depart- | ment was expended, and the clain, if incurred, was in | excess of law, On the other side, it wa3_ shown that a | balance of $9,671 69 remained when the claim was in- curred, and the Court below found for the platntimts, The city appealed to the General Term of the Supreme | | Court, which gives judgment through Judge Davis, holding that as plaintitts’ bills were properly audited | | prior to the payment of the $9,671 69 balance they were | | of prior character to the salaries and other city expenses | pad alter January 1, 1874, and judgment is therefore | affirmed. | John L. Welcher, as executor of Paran Stevens, | prought suit against Lucy D. Fisk, executrix of the late | Colonel James Fisk, Jr., who, as Colonel of the Ninth | regiment, agreed in 1570'to be responsible to the amount | of $7,000 tor repairs to the regiment's armory, promis- | | ing algo to get the consent of the city authorities to the repairs. Fisk induced ‘Boss’? Tweed to consent to $7,000 expenditure, and after this Fisk’s secretary wrote to Mr, Stevens that Fisk would be responsible for what- ever Tweed said. After Fisk’s death claim was made | against his estate to the amount of $12,000; the Sur- | rogate reterred the claim; the referee found for the executors of Stevens, and ‘the Supreme Court, Special | Term, affirmed the finding. The Supreme Court, Gen eral Term, has affirmed the judgment below on the | ground that the city was primarily responsible and the | } claim against Fisk only secondary. Judge Brady gave | | the opinion. ig 1 It has been decided by the Judges holding the Su- | preme Court, General Term, that the city is not respon- | sible for the acts of the Board of Public Instruction. | ‘sion was that of William | | HL Dat \ for the amount of a draft | upon the Board of Public Instruction, drawn by Alonzo | Duteb, contractor with the school trustees of the Fifth | ward, for materials aud labor for a néw schovl house, The Judge at Circuit dismissed the complaint, upon the | ground that the action could not be maintained against | | the erty, t not being Hable for the acts of the Board. ' Appeal was made to the Supreme Court, Gen- | eral Term, and the Court gives judgment through Judge | Brady. ‘The Court holds that the city is not called upon to manage the controversies of the School Board; that | if & plaintiff establishes bis claim against the Board, | and payment is refused, lie can proceed by mandamus, | und that the city need not pay until the proper voucher NEW YORK HERALD, SATURDAY, DECEMBER 4, 1875—WITH SUPPLEMENT mings to the value of about $3,000, The detective wad made the arrest found 480 worth of the goods at J. g. Dreier’s, No. 338 East nary arin see, tt Was i formed ‘by Mr. Dreier that Brady bad sold him $600 worth of goods during the past three months. He ba deem in the employ of Braian & Lent about thirteon payer He was committed in default of $3,500 bail fo A PICKPOCKET ARRESTED, Hagh McCullogh, of No. 686 Tenth avenue, was held in $1,000 for stealing $4 56 from the pocket of Michael Henry, of ‘Valon Hill NJ... in ai fuer saloon at Tenth al jue ans ‘orty -seco! street while th insensible from intoxication. * puna cae CARPET ROBBERY, George W. Minky, of No, 227 West Thirty-first street, was held in $1,000 bail for complicity in stealing thirty- three yards of carpet, valued at $75, from W. Van Kirk, No. 246 West Twenty-seventh street, His a in the theft, John Catlon, was arrested vom tare ago. THE LOTTERY Law. Jacob Simmons, of No, 476 Hudson street, was held 4n $1,000 for trial for keoping a lottery shop. The com- plainant is an officer of the Ninth precinct, ESSEX MARKET POLICE COURT. Before Judge Otterbourg. BLANKET THIEVES, William Farrell and James Cunningham, of Madison street, were held for trial for stealing blankets valued at $125 from Decker Brothers’ stable, No. 200 Cherry street, The goods were left at Michael Barrington’: No. 374 Madison street, whose information caused the arrest of the prisoners.’ 'wo others, who were arrested on the samme charge some time hat rm Ago, are now in State STEALING A WATCH, Ernest Plank, of New Amsterdam, Dutchess county, N. Y., was riding uptown onaThird avenue car, op Thursday evening. At Fourth street a number of per- fons got on the car, and one of them seized Mr, Plank's watch, valued at $25. The thief then jumped off the car and Mr. Plank followed, took him by the collar and held bim until an oficer camo up. At the police court he wae rocognizod an old @r pickpocket and gave his name as Jame: nds, He was held in $2,000 to | answer. A MOCK MARRIAGE, Ada Hoinman, a young Jewess, told Judge Otter- bourg a touching story yesterday. She said that some time ago she made the acquaintance of Adolph Silverstein, of No. 174 Delancey street, in July 20 he induced her te de privately married to him. He took her to a house on the weat side of town, in West Twenty-seventh street, she believes, and a marriage ceremony was per- formed by a gentleman who was introduced to her as Mayor Wickham; sho then accompanied Silverstein on @ bridal tour to Washington, Baltimore and Philadel- phia; in September he abandoned her in Philadelphia without acent, and she told her story to some chari- table people and obtained money to return home; upon | ber arrival in New York she learned that Silverstein had been married in October to another pretty Jewess named Lena Rothman. This was a legal marriage, the one with herself having proved to be a mock one. ' She obtained a warrant for Silverstein's arrest on a charge of abduction, seduction and abandonment. All tho parties in the case are very wealthy, and Bilverstein was held for further examination. STEALING JEWELRY. Mary Heyer, of No. 927 East Twenty-first strect, charged Edward Moore, James Kelly and James Dolan with stealing jewelry from her bureau valued at $75. Moore is a brother to Mra. Heyer, and obtained from her the key of her bureau und then stole the jewelry, and with ‘his compantons went on a spree with tho money. They were held for trial, POLICE COURT NOTES, At the Tombs Police Court yesterday, before Jestice Flammer, Edward Morris, of Jersey City, a butcher, was held to answer on a charge of stealing a horse and wagon, valued at $200, the property of Frederick Backhus, of No. 437 East Eighteenth street, from the corner of Roosevelt ana Water strects. The alleged larceny was effected while Backhus was | engaged in transacting some business in a neighboring store, Panl de Grolp was held by Justice Flammer to answer for passing a forged check for $20 upon Matthew F. Elder, of No. 93 Nassau street. THE BROOKLYN COUNTERFEITERS. ‘The trial of the indictment found agatust Philip Lev- Inski and John and Thomas Loughrey before the United States Court, Circuit, was resumed yesterday, Judge Benedict presiding, anda large amount of testimony | | was taken in the case. man who was engaged to make the tools, the chemist who examined the spurious coin and the druggist who sold the acids to the Loughreys. The latter identified the risoners, and said they had left three boxes at his store, etective Drummond, of the Secret Service Corps, wnd assisted in the arrest, testified to finding three counter- feit lead five cent and one counterfeit three cent piece in the house of the Longhreys, The man who soli the large press used by the brothers Loughrey, and the man | who sold the small press to them, also identified the ac- cused, Mrs. August C. Toubert, wife of the German who was employed as die sinker and stamp engraver, corrob- orated the testimony of her husband, through an interpreter. Detective Briggart and Officer Rence, of the United States Secret Service Corps, corroborated the testimony of United States Deputy Marshal De Clue as to the detalls of the seizure of the contraband property in the house of the Loughreys. Tbe further hearing of the case was adjourned till Monday noon, The proso- cution will close on that day, and the case will be opened for the defence. JUSTICE DEMANDED. Suit has been brought by Mr. Stephen H. Powell, ox- | Commissioner of Cliarities of Kings county, against Dr. Thomas P. Norris, President of that Board, to oust him and | Among the witnesses were the | is given, | tained by resort to the courts. Plaintiff presented no | which, when unjustly withheld, can be @b- | from office. For malfeasance in office Mr. Powell was in | about forty three years old, was a timber dealer and | ‘The order asked for was | such document, und the judgment below is therefore afMfirmed, The long contested will case of the late John L. Brow the famous street cleaner, in which most volominous testimony has been taken ‘from time to time, has at las been submitted to Surrogate Hutchings for his decision. | The proceedings involved a contest between an alleged | widow and children of the deccased and another alleged | widow of the same without chiidren. The alleged wido with children has been represented in tho controversy by Messrs. Sullivan, Kobbe and Fowler, who offered the contested will for probate, and the opposing widow with- out ehildren by Meusrs. Field and Deyo. joth counsel agreed to submit the cage on the testimony, without al gument, merely reserving the privilege of banding w Surrogate brieis on their respective sides. The Surro- gate, after receiving such briefs, will take the case under consideration, and render his decision at some future day. On the arrival of the steamship Idaho al this port | yesterday one of the passengers, nmined Charles Schultz, ‘was arresied by United States Deputy Marsbal Bern- hard and taken before United States Commissioner White. The arrest was made on a warrant issued under the Extradition treaty with Germany, on a charge of forgery, preierred against Schultz by’ the Consul Gen- eral of Germany. It appears that the prisoner, who is mill owner at Crivitz, Mecklenburg-Schwerin, and is | charged by parties there with having negotiated forgod assignments of mortgages, and obtaining thereby from | the Mecklenburg savinj ks, Mr. Theodore Kautz. | mann and others 17,000 marks, or about $5,000. On | © the 18th of last month Schultz became alarmed and | fled to America. He was traced to the seaboard, and a telegraphic despatch giving the above information and | a description of the man was sent to New York, re- uesting his arrest, The prisoner was examined’ be- fore Commissioner White, and committed to Ludlow Street Jail to await a further examination, to be made next week. The officer who made the arrest found $3,500 on Schultz and in his baggage, TOMBS POLICE COURT. Before Judge Flammer. THE RESULT OF A SPREE. William Harrington, of No. 4 Greenwich street, had his wallet full of money a few days ago, when he be- thought him to patronize the rosy god. To make the | occasion doubly convivial, he invited one Alexander | Loftus, a clerk, to accompany him, in his bacehanalian adventures. On Thursday night the pair wound up at the Washington Hotel, Battery place and Broadwa' Harrington, having drank considerably, fell asloop. Ho | was subsequently awakened, as he alicges, by a violent tugging at bis pantaloons pocket, where his treasure in | greenbacks lay. On opening his eyes he #aw Lofins dis. | appear from the front door, He s00n discovered he bad Jost $450, Loftus was arrested as the thief and yester. day Judge Flammer held him in $1,000 to anewer. aaa 4 | WASHINGTON PLACE POLICE COURT. | Before Judge Kilbreth. ! A LITTLE GAME OF DRAW POKER. On Wednesday Michael Farrell, ® farmer, residing at Chatham Four Cornere, old «load of produce in Man- | hattan Market. In the ovoning he visited Donnegan's | saloon, corner of Thirty-fourth street and Eleventh ave. | nue, and played cards with Mr. Pete Comstock, and lost'several games. He quarrelied about the money and | was put out of the saloon, He then went to Frederick | Buck's saloon, corner Thirty-first street and Tenth avi pue, and pl the game known “ante up” or | ‘draw poker.’ When he had lost about a dozen games ho was requested, itis sald, to retire, but he kept on playing until he lost all his money. Then he went out and, meeting an officer, charged Buck and Cometock with robbing bim of $65 and $50. Yesterday he textified that he was inveigled into the game, which be did not understand, and that he pla his $65 on the table to count it.’ Upon cross. exam Hon it wan stated that Farrell had commenced tho e and had fairly lost his money. Judge Kilbrom™ held Buel 4 Comstock in $1,000 bail eacn for yioiq- tion of the gambling laws. Farrell was a>, held ag a witness and sept to the House of “etention, The others gave bail and left the cant’, THE TAILOR "RIMMING ROBBERY. John Brady, of No. 220 East Fortieth street, was of Court | fill the vacancy created by the removal of Powell, for | the unexpired term of that gentleman’s office. Court has decided that the fine paid by the convicted | Commissioners shall be retarned to them. Mr. Powell | brings suit to prove that he is entitled to serve out the | unexpired period of bis original term, which is one | month, Cyrus L. Woodruff, | pellant and argued by Ji conjunction with the other Commissionors convicted be- fore Judge Daniels. The Supreme Court, General Term, sot aside the verdict of the Jury in that case, The Court ‘Appeals confirmed’ the decision of — the below and Dr, Norris was lected to COURT OF APPEALS. Avnany, Dec, 3, 1875. No. 67, Stitt vs. Little. —Argument resumed and con- eluded, No. 69, Robert T. Ford, appellant, vs. The Mayor, &c., | of New York, i Townley, of counsel for appellant, and by James C. Car- | respondents.—Argued by Wi dents. yanie! EB. Donovan et al., respondents, ve. ellant.—Argued by M. Schoon- maker and W. 8, Paddock, of counsel for appellants, and by John E. Van Etton for respondents. No. 81, Jenmie H. Selover, appellant, vs. Ditmar Coo, respondent, —Judgment afiirined by defanit. No. 83. Jebn B, Norton, lant, vs. Russell B, Mullory and another, respondents —Sabmitted by ap- ter for ree] No. 70. nts. ‘Adjourned, CALENDAR FOR MONDA’ ‘The following is the day calendar for Monday, Decem- ber 6:—Nos. 85, 8534, 87, 88, 96, 97, 98, 99, UNITED STATES SUPREME COURT. Wasnincton, Dec, 3, 1875. In the United States Supreme Court to-day, on mo- tion of Mr. George B, Hibbard, Eldridge G. Lapham, of Canandaigua, N. Y., was admitted to practice as an at- torney and counsellor of this court Case No. 62, Richard L. Wallach et al, appellants, va. John Van Riswick.—The argument of this cause was conciuded by Mr. Albert Pike, of counsel for the appel- Jante. Case No. 63. Laban 8. Major, plaintiff in error, vs. Clark W. Upton, assignee, &c.—This causo was submit. ted on printed arguments by Mr. Charles Hitchcock, of counsel for the plaintiff in error, and by Mr. L. H. Boateil for the defendant in error, Caso No. 64—Thomas Pitts, executor, &e., appellant, vs. The River and Lake Shore Steamboat Iino, &c.— ‘The argument of this cause was commenced by Mr, A. ¥. Cantield, of counsel for the appellant, and by Mr. ‘Ashley Pond for the appellees. Adjourned until Monday. DOCK DEPARTMENT LABOR. In angwer to the resolution of the Board of Aldermen requiring the several city commissions to advance the pay of laborers to the old standard, the Dock Board has Just sent ite reply, in which it says:—“The Board gov- | @rning the Department of Docks is advised and believes that the duty of fixing the compensation to all persons in its employ is devolved by law solely on itself, and that ft cannot escape the’ responsibility which the law im- poses in this regard. In fixing the compensation for ser- vices of every class of ite omployés the Board has been governed sololy by the market value of such services as nearly as it could be ascertamed. This rule will con. tinue to be applied. Whonover the market value of such services as are referred to in your resolution shall, in the Ly are of this Board, advance beyond the sum now paid by it tho rate to be paid for such services will be hashed iti! increased; but until euch time the rato now paid wilf not be advanced,” MUNICIPAL NOTES. Mayor Wickham has not yet beon found, and his friends begin to exptcss ansitty lest he has drifted wo Pabmce iF Prosident Lewis etill romaing at the Im, deposited paid the City Chamberlain in November $5,597 07 as interest, King Kalakaua, arraigned yesterday for robbing his employers, Mesars, roman & Lenk Ne $06 Broadway. of tailors’ trim Board of AMermen, meets with considerable Jaas there be a redaction of one-| The | m T. | mJ. Van Allen for respond. | ‘The bill of the Windsor Hotel for the entertainment of which is before the committee of the | Brown, has already ach opporiuen from members, who insist that it gl not bo paid an THE SENATE COMMITTEE. INVESTIGATING THE HEALTH BOARD—THE Ex- PENSES OF THE COURT OF COMMON PLEAS AND THE SUPERIOR COURT. The Senate Committee on Investigation met again | yesterday in room PF, Fifth Avenue Hotel. Senators Booth and Bradley were present, and the former oc. | cupied the chair, Immediately after the opening of the meeting Mr, Wright, counsel for Colonel Meehan, Assistant Engineer of the Dock Department, said that Mr. Benoit, of the firm of Benoit & Wood, wished to make a statement in regard to the check which Frank M. Penn stated had been paid over to Colonel Meehan for commissions, Mr. Penn, who was also present, said be mado a mistake in regard to that check, that instead of it being a check for $221 60, dated April 4, 1871, 1s was a check for $186 94, dated February 10,1870, Senator Booth said that the case had occupied the time of the committee sufficiently, and, as it was a per- sonal matter between Colonel Meehan and the vock Department, which had demanded an investigation, ho thought it might be left to the Dock Department. Edward D. Gale, Attorney for the Collection of Ar- years of Personal Taxes, was the first witness called, He stated that his duties were to proceed on all war- rants that had been returned as unsatisfied by the mar- shale; there bad been no business of any account done in his office since September, on account of lack of funds to pay messengers to serve processes; there were from 4,000 to 6,000 processes to served some years, and Mr. Gale thought that a charge of $1 should be en- forced on each delinquent taxpayer to make the bureau self-sustaining. Thomas Boese, Chief Clerk of the Superior Court since 1872, was thon called, He testified that he had fourteen clerks in all, and that there were twenty attendants, “Who appoints the clerks ?”” asked Mr, Davenport, Mr. Boese—I appoint the clerks and the Judges appoint the attendants. He further stated that the amount of the payroll for the month of October for clerks was $14,413 60; provi- | ous to 1872 the expenses for clerks and attendants amounted to $90,000, while the Board of Supervisors allowed $7,000 inore for naturalization clerks and print- ing of calendars; in 1870 and 1871 the fees were about $2,500 a year; after 1872 the expenses were cut down about $25,000 for clerks and attendants, and tho printing of the calendars was done away with; the appropriation for next year will be cut down Hut $17,000, and the entire awount required for the | Court will’be, including the judges’ salaries, $154,000; since 1871 the Superior Court has naturalized from 4,000 to 6,000 a year; most of those naturalizations took place ia the months of October and November; if it was possible to make a further reduction in the cle: cal force it would be done, and, {n fact, a gradual de- crease in the force has taken place siuce 1872 at tho | Suggestion of the judges, | Mr. Davenport—In the year 1860 the expense of | running the Superior Court was $49,300, In 1875 the | expense was Increased to $175,000. Is there such an | | increase of business as to warrant such an increase of | expenditure ? Ur. Boese—There is at present four times the buai- ness done in the Superior Court that there was In 1860, | and sometimes even more than that. Mr. Davenport—Are you not referce ? Mr. Boese—Sometimes the judges are very kind, and when a party litigant is too poor to pay the necessary ox- penses of a'referee the Clerk of the Court is appolnted, Mr. Davenport—What do you think, Mr. Boeso, of consolidating all the courts—Common Pleas, Superior and Supreme—with the same number of judges that | they have now in the aggregate? Mr. Boese (laughing)}—That is a question I do not | feel myself competent to answer at present; the Ci often appointed ‘on- stitutional Convention has fixed the status of the differ- ont courts, aud it would be highly impertinent in me to offer any opinion on such a grave question. William P. Prentice, attorney to the Board of Health, testified that 8,000 sults were brought each year, be: sides somo criminal prosecutions; a vast amount of these were settled; 600 were pressed to judgment; these actions were all against nuisances; it was the policy of the Board to endeavor to abate the nuisance Instead of eniofoing the penalty; all the fees received were paid over to the Chamberlain; tho penalties for Jast year amounted to $10,000, and’ up to tho last of November this year they will amount to $3,500, Nathaniel Jarvis, Clerk of the Court of Common | Pleas, testified that the number of clerks in the court Was sixteen, and the payroll was $44,000 a month; there were twenty attendants at $100 a month cach} it was proposed to reduco the number of attendants next year to fifteen and the clerical force to twelve, and ji was also designed to dispense with the crier, but | Mr. Jarvis did not think that the force could be’ fur- ther reduced; the amount of fees turned over to the Chamberlain "was from $3,600 to $4,500 a year; in the matter of naturalization the Superfor Court has ro- lieved the Court of Common Ploas a great deal; last | fall the number of naturalizations was about 1,100. Mr. Davenport--Doos the Supreme Court do any | naturalizing business now? Mr, Jarvis (laughing)—No; none to speak of; | they only did’ a heavy naturahzing business one | year there are abont 1,000 casos om the trial calendar; a compared With (en years ago busi- ness {3 ten times greater; at present a case can be reached in five months--that is, exclusive of lawyers’ postponements, &¢.; last year there were 791 appeals from the district courts and 315 frem the Marine, and the last statement numbered 800 causes to be yet brought before the appellate part of the Court; there are but flve working judges in the Court, who sit from eleven A, M. to five P. M., and there are five General Terms held within the y After the examination of Mr. Jarvis the committee adjourned to lalf-past ten o'clock this morning, THE RECORD OF CRIME. Some unknown thicf yesterday stole from the cigar manufactory of John J, Treadwell, at No, 1 Pine street, | 1,000 cigars of the ‘Adelanto Reg la Renio” brand, | valued at $100, while the clerk was engaged in the rear | of the store. The showcase in front of the store of E. & M. Gumble, at No. 456 Sixth avenue, was forced open yes- terday and robbed of $55 worth of velvet bats, A boy ramed James Short, who was boarding at the | | house of Lizzie Mansfield, at No. 293 Mott street, dis- | appeared very suddenly, taking with hitn $134 worth of wearing apparel belonging to Lizzie. Five bags of coffee, valued at $65, were stolen yes- terday from the sidewalk in front of the grocery store | of Richard Armstrong, at No. 72 avenue A, A showease standing. in front of the store of Ingersoll & Glenny, at No, 669 Broadway, was broken open and goods valued at $30 stolen. The residence of John Hinord, at No. 618 East Fighty-seventh street, was entered by burglars and | jewelry and money amounting to $76 carried off. Underclothing to the velue of $6 was stolen by thieves from the showcase in frontof the store of Henry Hart, at No. 204 Church strect. Some person stole from the street in front of the store of J. J. Hawthorn, at No. 206.Duane street, a tub of but- ter valued at $20, ‘with which he made his escape. Apiece of blue velvet, valued at $20, was stolen from the sidewalk in front of the store of Abraham Piser, at No. 2,225 Third @venue. Michael Delahanty, the rowdy who made himself so conspicuous in the attempt to browbeat the Flushing ¢ 1.) Excise Board at their meeting on 1 2d ult, ag been arrested on & warrant charging him with en- deavoring to incite a riot, He was taken before Jus- tice Lever, when bo waiyed examination, and was held in $500 bail to appear before the Grand ag Burglars entered tho premises of J. H. Wyckoff, at No. 17 West Thirty-fifth street, by forcing open the front parlor window, and stole $450 in greenbacks, which they found ina closet. They had collected to- ether a quantity of clothing, with which they evi- | Kently intended (0 decamp, but, satisfied with their un- expected success in finding ready cash, they changed their minds and left the clothes in aheap on the floor. ‘A notorious eneak thief named George Reinault, who was found in possceston of a valise containing $100 worth of goods, for which he could not satisfactorily account, was brought up in the Court of Quarter Ses- sions, at Jersey City, yosterday, and sentenced to three months in the Penitentiary. John Grinm, a boarder who insinuated himself into | the confidence of Philip Nesbibal, on Railroad avenue, Jersey City, stole cigars, money and besa for which ho foil into the clutches of Jorrey law. He was sen- tenced yesterday to eighteen months im the State Prison. Ned Flannery, the leader of the gang of rounders which has for years defied tbe Iaw in Jersey City, has enlisted in tho United States Navy and left for regions beyond the reach of the police, to escape punishment under an Indictment for an atrocious assault on Mr. A. Ditmar, The sneak thief who gave his name as James Price, and who stole shoes from the store of Henry Haas, No, | know! 121 Washington street, Hoboken, was called to account for hie thieving practices yesterday in the Court of Quar- tor Sessions at Jersey City and sentenced to six months in the Penitentiary. White the tarnily of William Keeney, of Pacific ave- nue, Jersey City, wore at supper last evening a sneak cloak. A boy, giving bis name as William McCann, was arrested’ yesterday for attempting to pick a lady's ket and kteal her valise on @ Jersey City ferryboat, 4 locked up ip the First precinct station in Jer- Boy Onty. BURGLARY IN NEW JERSEY. Trentox, Doc, 3, 1875. About twenty-five burglaries have been committed in the vicinity of Keyport, Monmouth ¢eounty, N, J., within the past few months, and the marauders tn every instance succeeded m escaping with their plun- | der, A day or two ago Officers Walling and Disbrow became suspicious of a party of im- migrants who had lately moved into the noigh- Dornood from Newark, Armed with the authority of the law the officers instituted a search and found in a house ocoupied by one of the suspected jon stolen property W the value of about $600. also suc. in arresting four men, one of whom, named thief entered the house and rap off with a coat which | Mle by, the poor men, or else thoy | will was hanging in the hall. He was pursued, and in the | fight he dropped a bundle which contained a lady’s | THE GEKMAN FORGER. HOW A HARD-WORKING MAN CAN BE DRIVEN INTO CRIME—A SLIGHT INSIGHT INTO THE WORKING OF THE ENGLISH DETECTIVE SY8- TEM—LUDLOW STREET AMENITIES EXEMPLI- Prep. Last night a Heraup reporter was sent to Judlow Street Jail to interview the German arrested yesterday morning omboard the steamer Idaho by Deputy United States Marshal Bernhard, The name of the Prisoner is Karl Schultz He 1s forty-four years of age, of not unprepossessing ap- pearance, und of quiot, gentlemanly demeanor. He wasatimber merchant and mill owner in Crivitz, Mecklenburg-Schwerin, The charge made against bim | is that he borrowed money from tho Mecklenburg | Savings Bank and from Messrs, Nachmann & Kury. mann by means of forged assignments of mortgages, the sum s¢ raised amounting to about 17,000 marks, equal to about $5,000, The details of the alleged forgery were telegraphed to Dr. Schuhmacher, tho German Consul General, who, under the Extradition treaty, obtained a warrant for his arrest, and he was captured, as before stated, on board the Idaho, The prisoner was shown down into the waiting room to meet the writer. As he speaks no English ho betrayed signs of great trepidation as the latter beckoned him to scat. As soon, however, as he found that his unex- pected visitor spoke German he seemed to be more at ease, He was evidently quite UNACQUAINTED WITH THE AMERICAN CUSTOM OV DNTER- VIRWING, and labored for some time under the delusion that the re- porter had come to supplant and underbid the counsel he has already retained for his defence, He was ulti- mately induced to toll the story of the chain of cir- cumstances which have place? him in his present critical position, He does not deny the chargo of forgery, but states that for some time he was doing a good sound business, until the wild speculation in Germany, consequent upon the receipt of the tmmense war indemnity from French, caused the memorable panic there. Like many others he found himself temporarily straitened in meahs, Two good Samaritana, of Hebrew descent, named reepectively Nachmanna and Kurzmann (which names might be translated as “‘stalker” and ‘‘sharper”’) volun- teered to minister to his necessities by advancing him money at {he modest rate ef fivé per cent per month. At this rate of accommodation the slender exchequer of Mr, Schultz soon became depleted, and having a wife and four children to support. he cast about for means of keeping them. Unfortunately he adopted forgery; this has put him in bis present unenviable position. When talking about his wife and children bo was much affected. He states that he left them with- out the slightest notice or _ intimation, and took the steamer from Hamburg to Hull. | Thence he proceeded by rail to Liverpool, whither the | clectric Nemesis had preceded him, and whore ho was arrested. he incorruptible representatives of British justice, the police, released him on payment of $100 and the cession of his gold watch mad chain, He took passage in the Idaho, with the result above stated, but now thinks that he ought to have stayed somo timo longer in England. He states that $3,160 in gold. were taken from him by the partics who arrested him before be oame ashore, and seems to believe that this has boen handod over to the Commissioner of the United States Court. ‘When told that the laws of the North German Empire arc very severe, he passed his hand across his brow and exclaimed, “ty WIPR, MY CHILDREN |’? ‘The reporter followed him up the iron statrcase to~ ward his cell. On reaching the first story both were accosted by a jaunty, ill-tavored negro, who offered them candies at five cents cach. Schultz, understanding no English, walked on. The reporter wished to purchase one, but the sable son of Africa “smelt a rat” and would hot part with the stearine, At this juncture the barkeeper came down. He did not know the Henatp man, who at once dispelled his doupts and followed him to the bar, a miserable cell, having in his train the negro and one or two more of what Dante calls la perduta gente. The barkeeper turned to the reporter and said:—‘‘Are you going to do this?” “Certainly,” said the reporter. ‘You're a nut,” exclaimed the thick-lipped Nubian. Tho mao drank, the reporter, to accommodate the cup bearer, accepted an English balf crown in change for a dollar, and lett a building, over whose portals inight well bé written the immortal line “Lascrale ogni speranza vot ch’ entrate.”? BROOKLYN RING SUITS, ‘There was but little that was “new” developed fm the prosecution of the alleged delinquent officials and con. tractors of Brooklyn yesterday. Mr. Parsons, who is to represent the Attorney General in the suite to re- cover $600,000 alleged to have been wrongfully ab- stracted from the treasury of Brooklyn, has rot the necessary papers yet ready, 80 that the property of tho accused has not yet been attached. Meanwhile the Taxpayers’ Association is busily endeavoring to raiso the funds requisite to fee counsel, This would appoar to be rather ‘‘up-hill work.” If all efforts fail to obtain subscriptions to defray the cost of Jitigation they will apply to the Legislature for an appropriation. That body, they say, cannot turn a doaf ear to their appeal. ‘They claim to have fifty mem- bers who arc well to do, but though they have jointly Ee $2,500, it is not to be are that they are to ar the entire responsibility and expenso of the prosecution. Mr, Parsons, owing to the pressure of private business, will not be able to prepare the papers in the suits against Commissioner W. A. Fowler, ex-Commissioners A. M. Bliss and J. E. Lawler; Contractors William A. Kings- iey, Abner Keeney and Chicf Engincer Julius Adams, before next week. The gentlemen named, who are threatened with the terrors of the law and the confisca- tion of their possessions, complain, through their nu- merous counsel, that they are “fighting spirits sum- moned from the vasty deep,” they summon, but the spirits being disembodied do not appear. The counsel for the defendants are most anxious, they say, to learn in detail the particulars of the indictment against which they will have to contend, It was reported yesterday, though it could not be verified upon inquiry, that Mayor Hunter was summoned before the Grand Jury in a matter pending before that body, in which Commissioner Fowler was accused of havin, levied sixty-five cents upon the gas companies for each lamp erected In the city. It came up in this way:— That when the name of Mr. Fowler was presented to His Honor for reappointment Mr. John Henry told him that the gentioman named had been receiving that | sum from the gas companies, President Woodward, of the Board of City Works, resigned his office, which is worth $7,000 per agnum, yesterday, He gives as his reason for'so doing that the position interfered with his private business affairs. He was appointed in June last. He states that from his. feuge of the men and of the Board, and of ite method of transacting business, he docs not’ believe the suits institated will amount to anything. Mayor Hun- ter has the power to nominate and the preeehts Board of Aldermen to confirm the successor of President Wood- GRINDING THE POOR. THR PENNSYLVANIA RAILWAY LABORERS RE- DUCED TO TEN CENTS AN HOUR—OTHEB COMPANIES LOWERING WAGES—MISERY DUR- ING THE WINTER FORESHADOWED. Trextox, N. J., Dec. 8, 1875. The Penneylvania Railroad Company has reduced the wages of all the laborers employed on the New Jersey division to ten cents per hour, or ninety cents per day of nine hours. This news, which has just been transmitted to the poor, hard-working men, creates a good deal of dissatisfaction, and falls in for a merited share of un- favorable comment in all quarters, One poor, care- worn creature, with his shovel on his shoulder, was heard to remark, “Why, what are we going todo at all, at all, this winter? Ninety cents a day! Why, that won’t give one meal a day to myself, wife’ and seven famishing children, Oh, dear me! I’m afraid thoy’ all have to f° to the almshouse. I have been working Lard allghe summer for $1 25aday, and with that was only able to keep body and soul together. I couldnt save acont out of it and give my poor chil- dren enough to cat, Oh! God help us, but these are hard times.’ The poor man continued in (his strain for some minutes, and the manuer in which ho forecast the sad picture of the sufferings he saw ip the pros. pective was enough to excite the pity and compassion of the most callous hearted, Thousands of others like him in the State have the same pea story to relate, In this city the Rolling Mill Company has given | notice that they will redaca the wages of their em- ployés ten per cent, which reduction will pull dow: tho por diem allowance to $105. Many other employers will pursue weimilar course, And full time must be not be allowed the whole day’s wages. Stormy weathor, sickness or auy Other excuse will not be taken into ac- count, No work, no Pay ‘This rule also prevails with the railroad company. ‘om all parts of the State comes similar bad news for the wretched Jaborer, and the prospect now seems to be that much suffering will exist during the coming winter, which hag already been ushered in by @ steady, severe frost . THE TRAMP DANGER. ‘Trenton, N. J., Dec, 3, 1875, Fight notorious tramps, named John Jackson, Martin Burk, William Murphy; Jobn Murphy, George Marshall, James Anderson, John McGregor and James Smith, wero arraigned in the Court of Quarter Sessions tn this city to-day on charges of petit larceny, Each of them pleaded guilty and was sentenced to two months in tho County Jail Judge Buchanan, in pass- ing sentence, remarked that the tramp nuisance was getting to #0 fearfully on the in- crease, aod it was such a r to the community, that steps would have to be taken to duce the Legislature to making the cri of potty larceny a State Prison offence. He sald the nuisance should bo extirpated knowledged his guilt, itis snp- Unat these men belong W ® eG about twent eves, who have been plying their iniquitous yocation ja Monmouth county for wome time pas all the primitive mode of punishment should be to, The lives danger continually from this source of orime, properties of citizens were im groat . THE MURDERERS. —_——_—_. HOW THEY RECEIVED THE DECISION OF TOR GENERAL TERM--DOLAN’S GOOD 6PIKITS— WESTON 18 MARRIED TO HIS MISTRESS AXD DOLAN STANDS UP WITH HIM—JOHN scAN- ‘NELL OFF TO UTICA—STANDERMAN nESPITED. ‘The counsel for the three negroes (Weston, Kilis and | Thompson) awaiting execution of the sentence of death visited them yesterday morning in the Tombs, It will- | be remembered that on Thursday, before the Gene eral Term of the Supreme Court, Messrs, William Kintzing and John 0, Mott, counsel essigned by the Court to defend the blacks, argued for a new trial on @ | writ of error granted in the morning by Chief Justice | Davis. It will alsobe remembered that tho Gencrab | Term, later in the day, rendered its decision denying: the same, and effectually disposing of ail hope regarding | the saving of the lives of the prisoners. About half-pass eight A. M. yesterday the two counsellors proceeded to the Tombs and officially informed the condemued of their certain doom, and exhorted them to employ tho inter+ Yening period before execution iu making their peace with their God, Ellis, the youngest of the trio, wept, and seemed to consider his fate ap exceedingly hard one, Subsequently he became resigned, and expresged a fervent belief in tho beneficence of an all- Wise Providence, Thompson did not appear to {cel 60 keenly the disappointment of his hopes, bat, nevar theless, exhibited intense anguish of mind. Weston, the other negro, and the most intelligent, as ho is the most hardened of the dusky trio, received the dread ine telligence with an alr approaching supreme indifference: We had very little to say, and turned his back quickly upon the bearers of the unwelcome news. Sheriff Cou nor, Under Sheriff Cummings and some depnties were pregent and seemed much affected, is About half-past cleven o'clock word was sont over te Standerman, the German who shot his sweetheart, that the Governor had agreed to respite him until! the 3ist of the present month, He was taking his usual morning exercise up and down the corridor when the messenger of mercy arrived. Upon being informed of the delay ordered he brightened up instantly, and the prisom officials perceived at once that the message was, to him, of the most pleagant tmport, It appears that his coun= sel, Wm. F. Howe, sometime since secared a petition from cortain members of the Grand Jury which found the ihortig sad against Standerman beseeciing His Honer tho Jovoeiam to grant to the prisoner a commis- sion to inquire into his alleged insane condition, To this petition was added by the counsel ovidence as to the fact that the mother of the prisonor had died. in an epileptic fit, and that insanity waa hereditary in the Standerman family. Also, !t Was shown, that ab’ the time of the trial of the prisoner a great prejudice existed in the public mind against the defence of in« sanity, and, in addition, that the prisonor had, at am carly [period in his carebr, sustatned a fracture ‘of the skull from a fall that ce he if it did not altogether disarrange, his faculties, ¢ Governor, in reply te the evidence forwarded to him, despatched a leiter of respite to the Sheriff and a notification of lis course to the counsel, At the same time he officially stated that he had determined to appoint a commission of gory to examine the condemped man and to report to him whether or not his mental coadition was such! as to warrant the carrying out of the sentence of th Jaw, Standerman fod Dolan were to have deco hange on the 10th inst. By the respite the Gorman gains a little less than three weeks 6f Lime over his companion in misfortune, A Heratp reporter spent an hour {n the company of the condemned men during the afternoon, by the cours tesy of Warden Jobn Quinn, who BaRecha has ni thought other than contributing to tho weifare and) comfort of his important charges. Dolan, in whose case there is not the slightest grounds tor hope, was seated at the oxtremo end of the corridor in the com- pany of his wife, a fair-hatred, blue-eyed damsel, and two other rather comely young women. Tbo conversax tion was anim between the four, and Dolam pages joked and gesticulated with an appearance of biel gloe; in fact, he looked the ligitwet-liearted of the 0) “Dolan seems to enjoy himself highly,” remarked the reporter to Deputy Warden Mark Finley, “Oh, well,” remagked the veteran, who has see every execution within the precincts of the ancient structure for the past twenty-live yoars—‘‘oh, well, he bas hopes, you know. They al) ure light-hearted until, the day draws near, and then—"’ (here 9 threw up his hands as much as to say “Then {t's all the other way. with ’em.’’) Dolan smokes incessantly—smokes, as they all do, the — provided for them by the bounty of the Sheriff, who sent them a box apiece, The re-; porter took a Beep into hia cell while ho was attending to his feminine friends, and saw that it was literally filled ‘with fruits, flowers and other delicacies, He has allowed his side whiskers to grow slightly, and they materially improve his physiognomy. The reporter Tearned atgidentaly of a festive cere- mony that took place the day previous, !t haying been, no less than the nuptials, uider tho grim shadow of. the gallows, of Charlies Weston. Weston had been liv-, ing with a white woman named atharine Grey—the same who testified against him on his trial—before thi murder of the poor pedler, and he, having signified a desire to render her what reparation he could prior to, his execution, consented to marry her, Tho ‘edd, took place in the cell between the hours of three and’ four on Thursday afternoon, and was, the kcapers said, very impressive, Weston had been a nt erian be- rs it fore, but for this occasion agreed to turn llc, He was duly sealed in the matrimonial bond by a Catholi¢ Hag and was honored by Dolan’s standing up with) im. "The marriage was kept quite secret, 43 Weston or his new-made wife did not desire tnat any pubiicit should be given to theevent. He Waa engaged while the reporter was there in earnest conversation with his, sister, who is squandering all tho money she sayod by — of toll In vain efforts to save him, Ellis wanted anxiously to detain the reporter ina long conversation. He sald hoe was resignod and de- sirous of having the execution take placo as soon as, might be. “If tho no hope,"’ hd remarked, ‘'E would liko it to take place as svon aa possible. Tha: sooner I go off the sooner I meet my Saviour. I would’ like,” he added, impressively, ‘fo have my body ag little disfigured as possible afer death, and hope it will be given over to Miss West and other friends. I don’t like the idea of having it mauled and abused [ike the trunle of atreo, but trust that it will be as carefaliy ased as posai- ble. Jam deeply thankful to my counse! and ail the kind’ people who have brought me things,’ &c. The reporter assured him that the executions were conducted with’ scrupulous care by the Sheriff, ‘ Since the decision ot the General Term of the Suy reme Court Sheriff Connor bas placed a guard, consist. ing of two hei ping over Dolan, who are to watch night. and ay outside his cell until the morning of the hang- ip jeputies Galo and Carrahar took tho first watch, going on duty at eight A. M. yesterday. They were in tarn relieved by two other deputies at four P. M., who: watched till two this morning, when they were again succeeded by two who were to watch tili eight. The ob- Ject of this watch Is to see that the doomed man doeg hot cheat tho gallows by putting himself out of the way,- as Foster tried to do, by poison, John Scannell, recently acquitted of the murder of Donohue on the ground of insanity, was looking aq lively as a cricket and as happy as a bridegroom. was taken to the Utica Insane Asylum, by order of: Judge Barreit, late in the day, b} Deputy Sherj™& Coughlin and Dy DELANEY OBDURATE, Delaney, the murderer, appears not yet to fave been brought to a realizing sense of tho noar approack) of the day of his doom—next Friday, He now de! clines to see any epiritual advicer, has partly stri 4 off his clothing, wrapping ® blanket about him, and) expresses the desire to havo the pantajoons he ip to) wear at his execution made with spring bottoma He evidently imagines that he will somehow escape the; fate which awaits him, though tt !s anderatood that the Governor has declined to Interfere in his behalf, gallows on which he is to be hanged {a Anished, i preparations are being made for the execition, which’ ‘will be as private as possib! THE CUSTOM HOUSE. LARGE BEIZURES YESTERDAY—NEW DEPUTIES—~+ ALLOWANCH FOR ABSOBPTION OF SRA W, BY MERCHANDISE, i The well known enemy of the ‘‘contrabandista,” Cus.’ tom House Inspector Charles F, Kane, seized yosterday,, on board the steamship City of VeraCraz, from Havana, 4,200 cigars of the choicest brands and worth about, twenty-five cents each. They were concealed, and the: smugglers were walting a favorable opportunity to run, them off. The same officer algo seized on the above steamship 350 packages of La Honrades cigarettes, For years past a large amount of smuggling has been done through the German steamers at Hoboken, and, Colonel F. f. Howe, Special Treasury Agent, ts deter. mined to break it up. He heard that the Bremen’ steamer Hermann hada large quantity of smuggl cigars on board. ee flying the German can be overhaulea without a permit from a consul of that nation Colonel F. i; Howe obtained a warrant from the German Consul General in LA city to search auld yossel, Taking Officers sit Russell! and Bebbins, of his staff, he commences to search tho Hermann. (aed at captured the following quantity of cigars, on the manifert;—From the second sto from the storeroom, 000; and from tho third o: 400, making a total of 2,000 cigs ra, Th overhauling of 's German steamship {n this port sincd respecting, the oxistence of the Blamarckian teeaty ree peo tra! the mutual right of search of vossels country and the German Empire, conro HOUSE ent eens Ex-Weighers Curtis, Bacon ani inge have had the: sorrow of thelr reared from office modified by being appointed doputy collectors, and have boen sworn im as such, Mr, Griswold, who re@ently came undor th chment axe, has been ba ppg! to a clerkshi Ex-Governor Noble, of Wisconsin, took charge of tl seizure room yesterday, vice Colonel Fretchel, following order was received ot the Custom House yesterday :— Treascry DeraRtMext. To Contectons OF Customs AxD Orngens In the matter of mi allowance for retr 3. in ube roves of I vO} of ja uaree a itt pack es ace: : mach excessive wolght duo oppitcatton TOONTINVED ON NINTH PAGE.)