The New York Herald Newspaper, December 8, 1875, Page 15

“THE COURTS. The Roosevelt Hospital As- sessment Case. Liability of Charitable Institutions for Assess- ment for Local Improvements. ‘Harmonious Accords and <Acri- monious Discords. PENALTIES FOR VIOLATING THE GAME LAW. James H. Roosevelt, the wealthy bachelor, who died An November, 1963, loft, as is well known, «large sum | for founding a hospital. In his will he gave special directions that a liberal charter should be obtained from the Legislature or otherwise that the money de- woted for this purpose should be paid to the United | Btates government to be used fora like object, Not ‘wishing to lose the advantage of such a great charity, the Legistature in the act of incorporation prescribed that the institution should be exempt from taxation nnd entitled to the benefit of the provisions of the law in this respect regarding charitable institutions. Tae | hospital was built, occupying the block of ground bounded by Fifty-eighth and Fifty-ninth streets and | Ninth and Tenth avenues. Until two years ago,no taxes or assessments were levied upon the institution, when it was assessed $9,835 17 for building a sewer in Ninth avenue, It was claimed that such assessment was in violation of the act of incorporation and payment of the same was refused by the trustees. The city threatened to sell the institution, grounds and. all, in default of such payment. As may bo imagined the matter has been pretty hotly contested in the courts. | ome time since the case came up for a hearing before Judge Lawrence, in Supreme Court, Chambers, and was mrgued at great length, the points of the e@rgumont beng published in the Herany at the time, Judge Lawrence - gave a decision | yesterday, embodying the same in an @lavorate Opinion, ‘The opinion, however, is purely of '@ technical cha r, and made up mainly of citations from quthorities bearing on the poinis involved, In conclusion, he denies the application to vacate the assessment on the ground that the exemption provided for in the charter cannot be interpreted as intending more than exemption from general taxation, aud can- , ‘not include exemption from assessments for local im- provements. As the case, however, 18 an important one, he gives a stay of proceedings, go a8 to cnable the plaints to carry the case to the General Term for 2eview. A MUSICAL DISCORD LITIGATION, It will be remembered that in April last a mammoth woncert was advertised to be given at Barnum’s Hippodrome under the auspices of Miss Linda Gilbert, well known as a lady who interested herself in supply- ing the various penal institutions of this State with Libraries, the proceeds of which were to be applied to ‘that charity. In order to make tho concert in ques- ‘tion @ great success, such distinguished artists as Drasdil, Thursby, Bischoff and Remmertz were engaged, ‘and to satisfy the “Jubilee” spirit an overpowering chorus and orchestra was proposed. Dr. Leopold ‘Damrosch being well known as a leader of the largor ipinging societies of this city and Brooklyn, several ‘interviews were had with him by Miss Gilbert's agents, , ‘mong them Henry S. Goodspeed, and an arrange- ament made by which the Oratorio and Arion Societies ‘of New York, and the Handel and Haydn of Brooklyn, were to take part in the concert, and $850 to be paid to Dr. Damrosch before the opening of the concert for Lisand their services, excepting the Arion, which society generously attended without fee or reward. This agree. ment was reduced to writing, an¢ Dr. Damrosch, re- quiring some security for the payment, Mr. Goodspeed, who acted in the capacity of treasurer, signed his namo ‘to it as a guarantor. At the timo fixed for the pay- ment a check for the amount was duly handed to Dr. Damrosch, signed by Mr. Goodspeed, and the concert proceeded, it being admitted on all ‘sides to have been 4a musical success, but, unfortunately, pecuniarily quite ‘the contrary, the proceeds hardly having been sufficient ‘to defray the expenses of the building. On the check | ‘Deing presented at the bank it appeared that payment | had been stopped, and on inquiry it appeared that | the point was made that Dr, Damrosch had not fulfilled his contract, by procuring such an attendance of the singing societies as he had promised. The con- ed as alleged, provided for the services of the ‘‘com- ‘bined societies,” Dr. Damrosch brought suit against Mr, Goodspeed, and the case came to trial before Judge McAdam, of the Marine Court, The evidence on de- Yendant’s part was that the plaintiff guaranteed the attendance of at least 600 performers, out of a member- ship of 700, for which number seats were provid whereas but about 300 attended. On this point a gre many witnesses were called, doorkeepers to the number of singers’ tickets taken at the doors, and managers and ushers to estimate the number onthe ~ payee among them a gentleman who testified that @ was curious enough to make a count of both the audience and performers. The plaintiff utterly denied Elks any assurance as to the number of singers who ‘would appear, but, on the contrary, on being inquired of on that point, stated that he was unable to estimate, referring the defendant to the officers of the societics Poker Sage infurmed him that a two-third attendance would fair average. As to the number actually resent, the secretaries testified that by their rolls at the time about 400 appeared. The plaintiff further testified that at the close of the concert he was congratulated by the managers upon his success, and no complaint as to numbers was made, Judge McAdam -charged the jury that if there was a substantial per- formance of the contract the plaintiff was entitled to a ‘verdict, but that ifhe failed in any material particular the defendant was entitled to a verdict in his favor, Tho jury returned a verdict for $887 98 in favor of plaintiff. PISCATORIAL PENALTIES. Royal W. Phelps, President of the society whose Toading object is to look out for infringements of the game laws, brought suit against William H. Middleton and Gibson Carman to recover $2,500 as penalty for having in their possession and exposing for sale out ot season 100 speckled trout. The case has been in litigation for some time, and the facts fully published in the Heratp. The answer admitted the possession of the fish, but claimed that they were preserved {i t here from Canada, and, further, that the game laws prohibiting their sale is unconstitutional. Tho plaintiff demurred to the answer, and Judge Van Brunt sus- tained the demurrer, with leave to amend the answer on payment of costs. On application yesterday to Judge Davis, in Supreme Court, Chambers, the costs not having been paid, a rehearing was had, and at its pcb he ordered judgment for the full amount claimed, . DECISIONS. d SUPREME COURT—CHAMBERS, By Judge Davis, Forbes vs, Willis; Leveridge vs, Waterbury; Spooner “ys, Metropolitan Collar Company ; MackKeller vs. Gettey; ‘Bmith vs, Vibbard; Watkins vs. Traphagen; Sharp vs. Mead (No. 1); Sharp vs, Mead (No, 2); Kurzman vs, | Bohning; Mutual Life Insurance Company vs. Tallman; | Murtha vs. Murtha; German Savings Bank vs. Mc- Laughlin; Same vs. Simpson; Goldsmith vs. McCool; ‘Van Schauck Seott; Cram vs. Sterling; Melick vs. Power; Levy va. Vibbard; Matter of Kingsbridge Road, &e.; ¥an Schaick vs. Gregory; Martin vs. “Martin; Meyer vs. Cohen; Herries vs. Worrall et al.; Hoff vs. ‘Tonies; Townshend vs. Johnson; Pond vs, Fairchild; Matter of Market Insurance Compuny ; Green vs. Moses; Mutual Life Insurance Compan vs, Lewis; Hayos va. Dickinson; Gaus vs. O'Reilly; Matter of Fox.—Granted. Mulock vs. Berry.—Motion granted, $10 costs. Mem- ‘orandum, Kelly vs. The People, &¢.—Writ of error ited. The People ex rel McNamara vs. Collore.—Com- plaint sufficient ; prisoner remanded and writ dismissed. Brown vs. McGuinness, —Attorney will prepare a proper order recitals, ‘ By Judge Lawrence. Roebling vs. Duncan,.—Motion to vacate order ot ar- ‘Test denied, with costs. By Judge Donohue. Brodt vs, Scott, Joley va Lacombe.—Motions ‘Eranted. Clark vs. Wicks, &c,—Motion denied. Memorandum, Tribune Association vs, The Sun Printing and Pub- lishing Ripe of and ano.—Opinion, Matter of Saul.—Granted, Mina Hoffman vs, William G. Hoffman.—Report of br eget and decree of divorce granted to the plaintim, Murray vs. Roumaine,—Undertaking approved. SUPREME CoURT—crncurtT—ParT 2. By Judge Van Vorst, Dunphy vs. The Mayor, &c,—See memorandum. SUPREME COURT—SPECIAL TERM, By Judge Donohue. Bradhurst vs. Townsend.—Judgment for defendant on demurrer, with leave to plaintifl to amend. George, the Count Johannes, vs, Third Avenue Rail- road Company.—Motion for hew trial denied. SUPERIOR COURT—SPECIAL TERM. . By Judge Curtis Fe aoe ©. Holmes va, John B, Holmes.—Order sct- lo SUMMARY OF LAW (ASES. Judge Westbrook yesterday appointed Samuel I. Hard receiver of the Third Avenuo Savings Bank, in ‘the place of Mr. 8, Carmen, removed, He gave bonds in the sum of $150,000, ‘The case of Charles Schultz, the alleged German forger, whose extradition is asked for by the German Consul, was yesterday further continued by United ‘States Commissioner Shields until December 28, , In the United States Circuit Court, Equity Branch, Madge Jonnson yesterday confirmed the Judgment of the | more caro in supervising the filling up of the check. “Messrs, Brush, Officer Wiley and Officer Holloway, who District Court in the suit in Admiralty of James Bigler against the steamtug Nellie. Judge Donohue in a decision yesterday continues the injunction restraining the Sun Printing and Pub- lishing Company and the Superintendent of Buildings from working on the land of the Tribune to repair the east wall of the Sun building, John Anderson, rectifier of spirits at No. 513 West Fifty-second street, was brought before United States Commissioner Shields yesterday, charged with making false entries of liquors in the book which ho is required | by law to keep, He was committed for further oxam- ination, with bail fixed at $1,000. The December term of the United States Cirenit Court, Criminal Branch, before Judge Benedict, will | begin'this morning. A Grand Jury will be empanelled at the opening of the court, and it is understood busi- ness of a very important nature will be brought be- fore it. ‘The suit of the goyernment against George manufacturer of matches, and also his bi Nelson Dewey and A. N, Starr, to recover $6,215, amount of revenue stamps furnished him on credit, was tried yesterday tn the United States District Court before Judge Blatchford, when a verdict was rendered for the government for the full amount with interest. William E, Brown, the boy arrested last Saturday for Stealing letters from boxes in the Post Office, and who | has since made a full confession of his guilt, waived ex- | amination yesterday before United States Commissioner Shields, and was committed, in defuult of $2,000 bail, to await tho action of the Grand Jury. In the Clerk’s office of the Court of Common Pleas the tollowing assignments were made yesterday :-— William E. Schults to Alonzo Morrison, liabilities, $8,148; nominal assets, $12,268 and real assets, $3,275. William Miller to Henry Walsh; liabilities,’ $3,903; assets, $1,034 Herman A, Curicl to Morris’ Gushe! liabilities, $8,435; nominal assets, $15,322, and rei assets, $1, In the suit of Washington Roebling and others against Dunean, Sherman & Co,, to recover $4,000 on a draft on Loudon, purchased at their banking house, orders of arrest were granted against the individual members of the firm, A motion was made and argued before Judgo Lawrence in Supreme Court, Chambers, to vacate these orders of arrest. He gave his decision yesterday, refus- ing to vacate the orders. A decision interesting as regards culpability in cases of city railway casualties was given yesterday in the Superior Court, General-Term, Judge Monell writing the opinion. William G. Halpin, in attempting to get ona Third avenue car, was struck by one of the horses of acar coming from an opposite direction,” At tho trial he got a verdict of $2,000 against the company, from which an appeal was taken. ‘The Court holds that | he was guilty of negligence and set aside the verdict, ordering a now trial. About two years ago William K, Clare, while walking through Wall street, was hit by a plank fulling from | H one of the upper stories of the building occupied by the City Bank. In a suit for damages he obtained a verdict for $2,000, The bank appealed the case to the Superior Court, General Term, and the latter tribunal | roverses the judgment and grants a new trial, ‘The | point of reversal, was that the eontractor engaged in repairing the building at the time, if any one, was ro- sponsible and not tho City Bank. The testimony in the Burrmore contested will case was concluded yesterday before Surrogate Hutchings. The only point of interest in the testimony was the statement made by Wm. A. Townsend, the publisher, brother-in-law of Robert McCullough, who is a son-in- law of the deceased, and the latter,’ also one of the heirs. This statement was to the effect that in a con- versation with MeCullough, about 1971, that gentleman told him that the family had induced ’the old man to cut off his daughter, Mrs. Eldridge, on account of the differences between her husband’ and Mr, Barrmore, The cage will be summed up by counsel on Monday next. William M. Newman in 1861 hada store in Camden, Ark., the stock in Which he claimed was worth $18,000. George H. Goddard, as the representative of a vigilance committee, as alleged, drove Newman from the store and took possession of the premises and the goods. Newman brought suit against Goddard for $100,000 damages, including exemplary damages for the alleged indignity he suffered, ‘The caso was tried before Judge Lawrence, in the Supremo Court, Cireuit, and resulted ina verdict yesterday for the ‘plaintif’ for $15,000, gold, with interest from the date of the seizure of the goods, and $2,000 personal damages, it William A, Kobbe & Co. wishing to deposit théir money in the Chemical National Bank drew checks amounting to $11,000 on other banks im which they had money deposited, and, as alleged, gave the same to their bookeeper to deposit m the Chemical Bank, when the latter, as further alleged, made them payable to the Eagle Gas Machine, of which he was an officer. Suit has been brought by Kobbe & Co. against the Chemical Bank to recover the amount of the checks on the round that they paid the money on forged checks, he trial of the case was commenced yesterday in the Supreme Court Circuit, before Judge Van Vorst. The defence is that the plaintiffs should~have exercised COURT OF GENERAL SESSIONS. Before Judge Sutherland. RESURRECTION, CONVICTION AND PUNISHMENT. ‘The only case tried in the General Sessions yesterday was that of Levi Ahrens, indicted for receiving stolen goods, The particulars of the caso have been made known to the public through the repeated attempts of his counsel, Messrs. William F, Kintzing and John 0. Mott, at every term of the Court since July last to have the case brought to trial, the prisoner having meanwhile been confined inthe Tombs, and through the investigation of the matter made by the Assembly Committee onCrime a short time ago, Assistant Dis- trict Attorney Herring opened for the prosecution in a powerful speech, in which he denounced the offence for which the prisoner was indicted as the crime of crimes, inasmuch as receivers of stolen goods were the origi- nators of robberies and the educators of criminals. The story of Ahrens’ crime as related by Mr. Herring, and which the jury evidently accepted as the truth, was as follows :— ’ Brush Brothers, dealers in fur goods 429 Broome street, discovered in March, 1873, that a porter named John Rodemacher, who had been in their service for | many years, had been systematically robbing them of fur goods. ‘They at once hired officor Russell 6. Wiley, who was at that time a private detective, to watch the delinquent. The officer saw Rodemacher come out of | the building one night with a suspicious looking bun- die, and therefore followed him to the house ef Ahrens, No. 227 Broome street, which the porter entered. He soon after emerged minus his bundle, The premises were subsequently | searched, and in tho bedroom were found sixteen dif- | ferent pafcels of furs, several of which Brush Broth- ers remembered to have seen lying in the subcellar of their warchouse, Ahrens and the porter were at once arrested, andthe latter, pleading guilty, was sen- tenced to three months’ imprisonment in the Peniten- tiary. As Alirens denied all knowledge of Rodemacher | and the goods he was held in batl to appear for trial. When the case had been placed on the calendar his married daughter, Mrs. Rachel Ranth, came to tho District ALtorney and stated that her father was dead and buried, at the same time showing the burial cer- tificate. The bonds were thereupon cancelled and the case expunged from the calendar. Some time afte ward it was found that the accused was not de: very much alive, being actively engaged in by business, He was earrested five months ago | and has since lain in the Tombs. The story detailed | above was corroborated on the stand yestorday by the | arrested Rodemacher, The prisoner went upon the #tand and swore that he had never seen the porter till after his arrest, and that he had never received any stolen goods, Ahrens’ wife, daughter-in-law and several friends swore to his general good character, His counsel moved for his discharge on the ground that there was not evidence to convict him, but the motion was de- nied by the Court. The jury were absent from th seats for half an hour, when they returned with a ver- dict of ‘guilty,’ and the prisoner was sentenced to pies years and six months confinement in tho State Prison. WASHINGTON PLACE POLICE COURT. Before Judge Morgan. POLICY DEALER ARRESTED. George Thompson, of No, 100°'West Houston street, was hold in- $1,000 bail for violation of the Lottery laws. The complainant was Detective Slevin, of the Fifteenth precinct, who found the banned dealing out the prizes. The officer also found thirteen colored mon and women in the office, all ef whom wore sent home, TOBACCO THEFT, George Hawkins and Arthur White were held in $300 bail each for stealing tobacco from A. J. De Good, of No, 440 Hudson street. A BARTENDER IN TROUBLE, Peter Hogan, of No. 442 West Thirty-fifth street, was hold in $1,000 bail for stealing a gold chain and $31 in money from Edward F, Flynn, of Plainfield, N. J. ‘The complainant, Flynn, and a witness, Thomas Lynch, were sent to the House of Detention. The alleged rob: bery took place in agaloon at No. 455 Tenth avenue, where the prisoner-Was barkeeper. ATTEMPTED RAPE. Louisa Smith, residing in Broome strect, a young and pretty girl, made a complaint against William Daney, @ boarder in the same house, for entering her room through the window at midnight on Monday night. The girl fled in her night dross to the stroct and caused Daney’s arrest, Ho suid he was drunk, but Justice Morgan required him to furnish $400 ball to keep oe Teak ax months eine girl stated that e) ‘eviously made imprBper a and she was afraid of him, eT eee ROBBERY IN PROVIDENCE, R. 1. William Hamilton, of Providence, R. I., was charged by Patrick Monahan, of the same city, with stealing clothing valued at $50, Tho prisoner was remanded to await an extradition, as the alleged theft took place at Providence, R, 1. A BOGUS CHECK, A few days ago Kate Strausse, of No, 86 West Third Street, advertised that sho had for sale 9 diamond ring and a sealskin sacque, Amongst tho replies was one from Michael Sheridan, of No, 410 East Fifteenth street and another man named Winter. Miss Strausse agre to Sheridan and Winter the property for $190, and called at their office in Bleeckor street for the money, She received a check wifich afterward proved to be worthless, and therefore caused tho arrest of Sheridan. Ho was remanded for further evidence and the police are endeavoring to arrest Winter, POLICE COURT NOTES. » At the Tombs Police Court yesterday Michael Hol- land, of No. 21 Albany street, was held to answer for selling liquor without a license. Patrick McGagney, of No. 260 West Twenty-first Street, was also held to answer for pointing a loaded -pistol at Gesene Marshall, of No. 122 Baxter street, with felonious intent, John Dunn, of No, 23 Desbrosses street; Charles Borich, of No. 879 Greenwich street, and James Reilly, were committed for trial in default of $1,000 bail each on a charge of attempting to commit a burglary on the Premises No. 169 West street, There were very few cases before Justice Kasmire, at Essex Market Court, yesterday. Six cases of confessed Vagrancy were sent to the Island for six months cach, COURT CALENDARS—THIS DAY. Surrem® Covrt—Cuampuns—Held by Judge Davis, — 10, 29, 80, 81, 40, 41, 42, 46, 77, 91, 107, 110, 115, 128, 126, 131, 185, 138, ‘146, 147, 148, 159, 160, 167, 169, 170, 171, 182, 184, 200, 261, 207, 217, ‘221,’ 238) 245, 246, 250, 260, 261, 271,’ 277, 209, 805, 316, 317, 815, 320, 323, 824, 325, 820, 336, 346. Supreme Court—Srectat Term—Held by Judge Bar- rett,—Law and fact—Nos, 9, 401, 576, 611, 615, 615 209, 102, 488, 634, 93, 544, '557, "106,484, 652, 653, God, 563, 580, 213,'214, 75, 636, 583, SurRvak CourtT—GunkRat Tera. Adjourned until December 31, 1875. Surremm Govrt—Cmourr—Part 1—Held by Judge Donohue.—Nos. 1435, 1647, 1751, 623, 1011, 1007, 219, 843," 1203, 1867, 1737, 2819, 1823, 1835, 150544, 3114, 1459, 458,'1553 24, 1641, , 3953, 1977, 1979, 1981, 1983, 1985, 1989; 1991, '1993,'1997, 2001, "2005, 2007, 2011, 2013, 2017; 2023, 2028, 2031, 208, 2035, 2037, 2039, 2041, 3, 2047, 2001, 2067, Part 2—Held by Judge Van Vorst,—Nos. 1486, 2052, 8186, 1562, 2700, 8170, 1648, 3032, $228, 63032, 2618, 1248, 1028, 1536, 1454, 178, 698, 1424, 2038, 798, 220434, 224,'982, '1284, 1214,’ Part 3— Held by Judge Lawrence:—Nos. 1133, 963, 923, “1621, 81, 1437, 1761, 1359, 881, 8904, 2749, 3589, 1119, 161734, 810, 623, 63532, 8644, 3209, 343, 1247, 1675," 1019, 08834. Svrentor Covrt—Tnrat Ten«—Part 1—Held by Judge Speir.—Caso on, No. 855, No day calendar, Part 2— Held by Judge’ Curtis. —Nos, 696, 805, $66, 1420, 788, 1636, 1783, 962, 416, 778, 850, 1390, 1326, 712, 1818. Svpenron Covrt—Srxcrat Tsat—Held by Judge Sedg- wick,—Noa. 1, 5, 22, 35, 13. Commoy Pugas—Equiry Term.—Adjourned until Do- comber 8, 1875. Surgerion Covrt—Geyerat Terw—teld ny Chief Justice Monell and Judge Curtis.—Nos, 20, 25, 26, 28, 30, 81, 82, 36, 87, : Common PLEAS—Equity Turm—Held by Judge Robin- son,—Nos, 18, 32, 43. Common PLRAs—TRIAL TeRw—Part 1—Held by Judge Larremore,—Nos, 38134, 1797, 1007, 986, 1231, 67 1245, 1248, 611, 182344, “1999, 1522, "1002, 1150. old by Judge’ Loew.—Nos, B41, 1632, 1818, 1814, 2137, 1224, 185, 219, 1210, 1212, 1221, 1183, 1208, ‘566, 1236, aMAnive Court—TriaL ‘Tens—Part 1—Held by Judge McAdam,—Nos. 5791, 5837, 5313, 3585, 5850, 8551, 5541, 5686, 5758, 6861, 6507, 6816, Part J—Held by Judge Alker, —Nos, 311, 2469, 1963, 2602, 2384, 2804, 8535, 3867, 5636, 5602, 5603, 5347, 5876, 5896, 3516.’ Parl 3—Hold by Judge Joachimsen,—Nos, 6507, 4844, 5725, 5726, 5806, 6808, 6328, 4028, 6937, 5727, 5871, 5280, 5708, 2025, 5398, Court ov GuNkRaL Skssioxs—Held by Judge Suther- land.—The People vs. Richard Crogan, robbery; Same vs. Lowis Rink and William Rink, robbery; Same vs. Marcus H. Albera, rape; Same vs, William Bennett, felonious assault and battery; Same vs. John Whaten, felopious assault and battery ; Same vs. George Steiner, felonious assault and battery; Same vs. Rody Brewer, burglary ; Same vs. Georgo Finley and Benjamin Whit field, burglary; Same vs. Alfrcd Cropsey, burglar; Same vs. Hugh O'Connor, Thomas Flaherty and James Murphy, burglary; Same'vs. Jobn Hill, grand larceny ; Samo ys. Joseph Thompson, grand larceny; Same vs. Kichard Roding, grand larceny ; Same vs. Juines Hagan, grand larceny; ‘Samo vs. John Shielbauer, grand lar: ceny ; Same vs, John Ramsay, grand larceny; Same vs. Jobn Lauchan and William McDermott, grand larceny; Same vs. Charles Heald, grand larceny; Same vs. George Loomis and William Lewis, grand larceny; Same vs. David Callahan, assault and Vattery. THE COURT OF APPEALS, Atwayy, Dec, 7, 1875. Judgment affirmed with costs.—Carter vs, Dolby; Domarest vs. Wickham; Coulter vs. Board of Educa- tion; Justice vs. Lang. Judgment reversed and new trial granted, costs to abide event—The -Bowery National Bank vs, The Mayor, &c., of New York; Mullen vs. The Mayor. Order affirmed, with costs.—In the. matter of the pe- tition of the New York Central, &c., Railroad vs, The Metropolitan Gaslight Company ; People ex rel. Jermain vs. Thayer; Guernsey vs. Rexford. 7 Ordor reversed, with costs, and proceedings remitted to Special Term for rehearing.—The Equitable Life As- surance Society vs, Stevens. eterna with costs.—Townshend vs. Van uren. Order of General Term reversed and order of Special Term affirmed, with costs of this appeal.—Dalrymple vs. Williams, . Motion for reargument denied, with $10 costs. — Price ys. Keyes, * Gerry vs. Gerry is a motion for reargument; A. J. Parker for the motion, A. J. Fithian oppesed.— Ordered proceedings stayed until the Court shall examine the papers. Also motion to modify judgment in the same case by the same counsel, The Court took the papers, . Union Nationat Bank vs. Kupper.—A motion was made to amend remittitur; William Nichols’ for tho motion, Daniel M. Yan Cott’ opposed, The Court took the papers. Quincy vs. White.—Motion to accelerate the decision of cause, Samuel Ward for respondent. ‘Ten Eyck vs. Craig.— Motion for reargument. Honry R. Selden for motion, G. F. Danforth opposed. ‘Np. 81. Sclaver vs.’Coo.—Upon stipulation filed de- fault opened and case submitted, * Appeals from orders.—No. 274. In the matter of tho potition of Fanny Levy to vacate an assessment.—Will- jam Barnes for appellant; F. 8, Neville for respondent. No, 842, Isaac eben eg N. Jacob C, Kamp, respondent.—Argued by E. H. Berm, of counsel tor appellant; by F. J. Fithian, for respondent. GENERAL ' CALENDAR. No, 97. Frederick K. Scofield and others, appellants, ys. John M. Gregor, Fespondent,—Argued Uy aM. An: thony, of counsel for appellant; by H. Hustis, for respondent, No. 21, Thayer H. Codding, appellant, vs. Thomas Newman, executor, &., respondent.—Argued by John Van Voorhes, of counsel for appellant; by George P. Danforth, for respondent. No. 24. Annie EB. Frazer, sole executiix, &c,, appel- lant, vs. A. Wycoff, respondent. NO, 74. The Second National Bank of Watkins, appel- lant, vs, Gabriella Miller, respondent.—Argued by James B. Dewey, of counsel for appellant; by J. Mc- Guire for respondent. Adjouraed, - CALENDAR, The following is the day calendar for Wednesday, Fs | December 8, 1875:—Nos, 92, 101, 105, 106, 04, 46, 30 and 82, UNITED STATES SUPREME COURT. Wasurxaton, Dec, 7, 1875. In the United States Supreme Court yesterday tho following case was argued:— | No. 65. The propelicr Colorado vs. Hudson—Ap- peal frém the Circuit Court for the Eastern district of Michigan.—This was a case of collision in Lake Huron, off Saginaw Bay, between the bark H. P. Bridge and the Colorado, on the night of the 11th of May, 1869. The bark and her cargo wero a loss, and her owner brought the libel and obtained a decree below for $35,000. The bark charged the propeller with being at fault in not having a sufficient watch on deck, with proceeding at too high arate of speed, and with general mismanagement when the collision was imminent, The propeller responded that the bark did not have a proper fog horn; that she was proceeding at too great a rate of speed and did not change her course, which so doing the accident might havo been avoided, and that tho loss was mado total by the abandonment of the officers and crew of the bark after the collision. It was also con- tended that if neither of these allegations were true then the occurrence was one of inevitable accident and was not the work of the propeller. The decision being for the bark it is here contended that the facts shown sustained the allegations of the propeller, and, if not sustained as to the conduct of the bark, then the case is one of pure accident, George B. Hibbard for appel- lant; Newberry, Pond and Brown for appellee. In the Supreme Court. of the United States to-day, on motion of Mr. J. @ Abbott, Mr. John Frelinghuysen Hageman, of Princeton, was admitted to practise as an attorney dnd counsellor of this court. On motion of Mr. Assistant Attorney General Smith, G. ©. Yeaton, of South Berwick, Me., was admitted to practise as an attorney and counsellor of this court. 0, 05. The Propeller Colorado, &c., appellant vs. Elon W. Hudson, owner of the barge H. P. Bridge, &c.— The be ged of this cause was continued by Mr. George B. Hibbard, of counsel for the appellants, and by Mr. J. @. Abbott and Mr, Ashley Pond for the ap- pellee, and concluded by Mr. George B. Hibbard for the appellant. No. 66. August F. Ludwig et al, appellants, vs. the Propeller Free State, &c.—The argument of this cause ‘was commenced by Mr, W. A. Moore, of counsel for the appellants, and by Mr. George B, Hibbard, for the appellee, e Adjourned until to-morrow at twolvo o'clock. THE OPPOSITION FERRY. The steamboat Sappho is to take the place of tho Minnie R. Childs, now running from pier 8 North River to Stapleton, Staten Island, this morning, The company have been negotiating for a boat ever since the burning of the D, R, Martin, but_ have been unablo to gét one that can make the time—that is, the round Jrip in one hour, They have also built a waiting room on pier 8 North River, which does not look much like getting the slip foot of Whitehall street this winter. STATEN ISLAND ROUGHS, Tho people about Clifton are much annoyed by a gang of ruffans known as the Wood Road Modocs, who insult both ladies and gentlemen nightly when passing the stroot corners, One of them, named Charles 0, Torry, was arrested yesterday and taken before Justice Kane on the charge of disorderly conduct and threatening the life of the officer who arrested him. After @ hearing the Justice discharged him with a severe reprimand, promising him srx months in the Penitentiary if he was ever brought before him again. NEW YORK HERALD, WEDNESDAY, DECEMBER 8, 1875—QUADRUPLE’ SHEET. LOW FREIGHTS DEMANDED, MEETING OF THE CHEAP TRANSPORTATION AS- SOCIATION—AN INTERESTING REPORT. The Board of Directors of the New York Cheap Trans- portation Association met yesterday, at No, 110 Pearl street, to hear reports of committees relative to the action of the railway companies in making freight tariffs to tho West which compels buyers at New York to pay higher tariffs than from Boston, Philadelphia and Baltimore, al- though the goods are sold at lower prices. in New York than in the other cities named. ‘The meeting was very well attended. Mr. B. P. Baker presided, with Mr, Lees as Secretary, The Com- mittee on Railways read many interesting letters, ro- ceived since the last méeting, on the tariffs disoriminat- ing against New York, and the Board ordered the cor- respondence to be placed before the meeting of mer- chants in the Chamber of Commerce to-day., Among} other letters of interest is one from the New York Cen- tral Rauroad Company. Speeches were made by Mr. G. A. Merwin, John H, Kemp, F. B. Thurber, Charles Watrous and others, in favor of a combined action of the merchants of New York to conStruct a double track freight railway from New York to Omaha, with branches to Chicago and St, Louis. The delegation from the association to the American Board of Transportation and Commerce, to meet tn Chicago on Wednesday next, will be composed of George A. Merwin, A. B, Miller, John H. Kemp, H. K. Miller, George Brown, Theodore F, Lees aud B. P. Baker, The following letter was read from Johnston & Co., No. 808 Broadway:—We would find it a great con- venience if we could register our merchandise pack- ages. The present laws oblige us to pay letter postage on any mail matter that we register, We do not think that it would cost the” government. more to write up a merchandise package than it does to write up a regis- tored letter, for which the charge is ton cents. If we have a four ounce packige to send by merchandise mal, it costs four cents, and we would willingly pay ten | cents more registry fee; but, by the law, we must pay twenty-four cents postage and ten vents registry, or | send it without registry. It is possible that thero is some reason for this rule that we do not see, but we would suggest that, as the present law is likely to be | well overhauled at the opening of Congress, our associa- tion consider what will be the most efficient method of securing the change herein proposed, and inaugurate the’effort.” It was referred to the Committee on Legis- lation, The Prosident announced that tho annual meeting and election of officers of the association will be held on the third Tuesday in January. Mr, John H, Kemp, chairman of the Committee on Claims and Grievances, read the following report, which was accepted and adopted, after which the meeting ad- journed:— : THE REPORT. Mr. Presipext—At the ls meeting of this Board tho Committee on Claims and Grievances reported several instances, illustrative of a large number, to whieh our attention bad been called, where, in shipments made to Western points from Boston and from New York, there ‘was a clear discrimination in-rates against this city of at least thirty per c During tne past few weeks numer. ‘ous other instauces have been reported, showing that tho discrimination at present is against us about 100 per | cent. We will recite ono case that plainly illustrates the practical effect of the condition of things com- | plained of A Western dealer orders’a quantity of soda ash through a New York broker, The price of the article here was | 2c. per pound, gold; freight trom New York to desti- 15 |THE SENATE COMMITTEE, Economical Views of Corporation Counsel Whitney. CITY MONEY SQUANDERED. Diving Into the District Courts— Where the Fees Go. The Senate Investigating Committee met yesterday at the Fifth Avenue Hotel, Senator Booth in the chair, Wilham ©. Whitney, Corporation Counsel, was tho first witness called. Hoe testified that he held the above office since the 9th of last August; ho was coun- | sol for all the departments‘but the Health Department, and made special assignments of counsel for tho Police Department and the Department of Buildings; the appropriation proper for clerks and assistants for the present year was $52,000; his own salary was $15,000, and there was also an appropriation of $100,000 for ®contingencies; when he came into oflice he found that the whole appropriation for contingencies had been exhausted on account of tho liabilities incurred by his predecessors, but nearly all the other appropriations remained. The Bureau of tho Public Administrator is under the control of the Cor- poration Counsel, but there was some dispute whether the Bureau of Personal Taxes is or is not. It was created by a special law in 1867, and the charter of 1873 did not include it in the offices placed under the control of the Corporation Counsel. It is inserted in the Law Dopartment, and it may appoint an attorney for the collection of personal taxes. The appropriation for the Public Administrator's office is $8,000 for salaries and $1,000 for contingencies. In the Corporation At- torney’s office itis $10,000 for salaries and $1,000 for contingencies. In consultation with the Mayor and Board of Apportionment it was decided to reduce the appropriation for the present year $25,000, but that was taken altogether from the contingent fund. Mr. Davenport—Do you exercise control over special counsel assigned to different departments? Mr, Whitney—No, I do not, They make reports when I specially call on them, There are 3,000 suits now pending, some of them running back for years, Mr. Davenport—Mr, Whitney, the committee would like to hear from you in regard to your ollice and the claims against the city, how they might be improved aud the city saved money ? Mr, Whitney—In answer to your question I would say that there has been a great deal of useless litigation for want of a proper system. The Comptroller and [ agree that the Law Department ought at all times to be in co-operation with his auditing bureau, The auditing bureau of the Finance Department is the place where claims against the city government are, in the first instance, investigated; and, at the time that they aro investigated, there should be thore a lawyer represent- ing the Law Department to assist in the invostigation, pass upon legal questions,’ suggest modes of inwes: ligation add inquiry, and co-operate with the Finance Department; so that when a claim is passed upon in the first instance it shall be decided having in view both the facts and the law applicable thereto. Then if it is decided to be an illegal claim, when it comes into the Law Department it should be contested to the end; but, if it {sa legal claim, it should be paid or compro- mised without litigation and the expense attending it, Mr. Davenport—It is your idea that an assistant | | from your office should be— Mr, Whitney—In co-operation and consultation with nation, 41c. per 100. , In Boston thie article was held at 21-16e. per pound, gold; freight from Boston to des- | tination, 2lc. per 100. ‘The 1-16c. per pound cost of the | article in Boston over the price in New York amounts | to 64. per 100; but, the freights from Boston being 200, per 100 less than’ from New York, there was a difference of 1334 per 100 in favor of making the pur- chase in Boston, The difference of itself was a hand- some profit, and, it is unnecessary to add, the soda ash was bought in Boston, although the price of the arti- cle was less here, In this instance, and in the instan- ces referred to in our last report, the shipments wero made over a railroad that owes its existence to fran- chises obtained from this State, aud which is univer- sally recognized as a New York road, A SIGNIFICANT CARD. Our attention has also been called to stationery used by Boston merchants in their correspondence, on which appears the following conspicuous card:— | “Wholesale merchants take notice.” “Freight from | Boston to Southern and Western points is usually less than from New York.”” The relative interests of the | corporations on which we are dependent for railway | transportation to the West, as set forth in our last re- port, place this community in a position where, in our opinion, it will ever be liable to such discriminations in freight rates as those alluded to, at least so long as we continue to be dependent on these corporations. 1t has been suid that the Baltimore and Ohio road is oper- ated in the interest of Baltimore. It doubtless is so operated, just so far as that plan of operation serves the interests of the Baltimore and Ohio corporation and its managers, but no further, It is true that the interests of that corporation and of the city of Baltimore are more closely allied than are the interests of any other trunk | line with this or any other seuboard city. But wo find, since the Baltimore and Ohio company has come | to an understanding with the other trunk lines in re- | gard to rates out of New York and other points in- | cluded in the combination, that company is receiving | freights at Boston, transporting by sea to Baltimore, and from thence over their road to the West, at loss than their rates from Baltimore to the same poirits. | ‘This action of the Baltimore and Ohio company is ona par with the Pennsylvania and Erie companies, who ‘will bill from Boston at less rates than from New York and stand the arbitrary charges {rom Boston to and through the city. | THESK ANPMALIES OF THE TRUNK LINES ariso from the fact that the New York’ Central road | cannot, or assumes that it cannot, consistently make it rates out of Boston conform to its rates out of New York. We would respectfully suggest to the Commit- | tee on Railway Transportation that facts such as we have herein briefly mentioned (ged unmistakably to a danger which threatens not only New York, but every city and State in the Union, should our transportation system continue much longer absolutely under corpo- rate control. Unless there shall be provided some measure, broad and national in character, which shall regulate and harmonize conflicting elements, and make the interests of commerce paramount to tho interests of corporations or individuals, we may | expect to see the commerce of this country, sooner or jater, bear the same relation to the commerce of other countries as a guerilla warfare bears to the movements of a well disciplined army. Your committee is doing all in its power to devise means for temporary relief in the matter which forms the subject of this report, and , isnow im communication with proper parties to that end. | ‘A letter, a copy of which: we append to this report, | has been addressed by prominent merchants to leading | houses in different branches of trade, calling a meet- | ing to-morrow at the Chamber of Commerce to consider the subject, Respectfully submitted—Jobn H. Komp, W. H. | Wiley, George Brown, James S. Barron, Lichtenstein and Theodore F, Lees, Committee, CALL FOR A MEKTING. New York, Dee. 6, 1875, Dran Smms—The course adopted by the freight lines out of New York within the past fow yoars has become | 80 antagonistic to the general commercial interests of | our city and 80 injurious to many of: the leading branches of trade centred here, to the great special ad- vantage of neighboring competing points, that unless New York merchants take some prompt and definite action to protect themselves and the future wellare of tho metropolis both must suffer seriously. The combination rates west from New York for the present winter have, been arranged on a basis to many important points of nearly 100 per cent in favor of Bos- ton, and always largely in favor of Baltimore and Phila- delphia, mostly over the same roads. It has been proposed, for the sake of some !mmediate expression of the widespread dissatisfaction felt nere on | this account, that one leading house from each class of | trade directly affected by the injustice should be asked. To prepare ashort, condensed statement of the rel tion New York bears to other cities on this question at the present time as far as their line of goods is con- sidered, and To be represented with such statement at a meeting to be held at the rooms of the Chamber of Commerce, at the corner of William and Cedar streets on Wednesday next, the 8th inst., at two o’clock P. M., to consider the facts | bed pee such early steps as will best secure satisiactory relief. : May we ask your hearty co-operation, and, through | you, that of the branch of trade you represent ? NEW HORTICULTURAL SOCIETY, Yesterday afternoon a large number of florists and gentlemen concerned in horticultural interests met In the establishment of James T, Markland, at No. 12 Cortlandt street. Ata previous meeting preliminary arrangements were made for the formation of aNow York Horticultural Society, and measures bad been taken to procure the charter of a like organization which has for some time past ceasod to exist. A com- mittee appointed on constitution and by-laws Iaid before the gathering a comprehensive plan of manage- ment and made suitable suggestions about the ends to be proposed. The association was then duly organized under the name of the New York Horticultyral Societ John Henderson, of Fiushing, was elected President George Such, W. ©. Wilson, J. Patterson and R, B. Par: soas Vivo Presidents; W. J. Davidson Recording Secretary, Peter Henderson Corresponding Secre- tary, and Isaac H. Young Treasurer. Committees on Finance, Management, and Fruit and Vegetables were appointed, and rules specifying thelr functions were determined upon, The President in an address thon set forward that the objects of the society were the diffusion of acorrect information on horticultural topics and the promotion of a taste for horticulture. Various plans for bon pe up a lively interest in such matters were adopted, among others the scheme of a semi-annual exhibition, at which prizes would be dis- tributed for the most perfect and curious productions. After some debate relative to the future management of the society the meeting adjoyrued until the first Thursday in January. | duced $25,000, such bureau. Mr, Davenport—Not specially attached to it? Mr. Whitney—No, not specially attached to it; I think that a very competent man ought to be assigned by the Law Department to the Comptroller's office, and I intend at an early day to employ such a person to represent the office in the Finance Department; this plan is concurred in by the Comptroller; often when a case comes to trial or is approaching trial we find, upon investigation, that by reason of some law having been overlooked, or some principle of law not having been known to the auditing bureau, or the facts not having | been aceurately investigated, the case cannot be won by the city, and we are obliged to go iuto court and be beaten, or consent to a settlement or dispose of it the best way we can; there has been a great deal of this, itvolving great expense to the city, and I think it ought to be stopped; I think there is one little thing which would be of graat benefit to the city if it could be done; one great dilliculty that the Law Department en- counters isin enforcing the provisions of the charter ich provide that no department shall incur g liability without previous appropriation, and the INCREASE OF THE CITY DEBT comes mainly from the fact that the various depart- ments make expenditures in excess of their appropria- tions, although the charter distinctly provides that it ants, Michael O'Connor and Thomas Kiernan. The name of the Justice is Thaddeus H. Lane. He did not think that all the attachés were necessary. The Jani- tor was not around the building afl day, Ho came in once in awhile to throw a shovelful of coal on the fire. One & tendant would be sufficient. The janitor fae oe of the court and the plumber down stairs another, : Mr. Davenport—Has the court room ever been used for any other pu: than a court room? Mr, McCabe—A lodge of painters meet there the first Moncav of every month and there was a political meeting bell there last month im the interest of John T. McGowan, Mr, Davenport (laughing)—Oue of the Assembly Com- mittee on Crime? Mr, McCabe—tI believe so. Mr. McCabe did not know anything about the dispos- sess Warrants. The marshals got the fee, which was $4, and he did not know what became of it after they gotit. The regular fees of thecourt are turned over to the Comptroller, Mr, Davenport—Mr. McCabe, who is Mr. Bernard? Mr. MeCabe—He is aclerk to one of the marshals; he sometimes acts as Assistant Clerk when the Assist- ant Clerk is out, and sometimes remaing in the office for me when I am at dinner. The committee then adjourned till this morning, at hall-past ten, : STANDERMANN’S SANITY. MEDICAL EXAMINATION INTO THE MENTAL OON- DITION OF THE CONDEMNED MAN. The medical examination ordered in the case of Jacob Standermann, the condemned murderer of Louisa Liedenwalt, was commenced yesterday at the Tombs, There were present Drs. John Ordronauzend James | R. Wood, Counsellor Howe and several witnesses, Philip Hahn, who was the first witness examined, tes- tifled:—I reside at No. 41 Chatham street; I am from the same part of Germany that Standermann camo from; have known him luce childhood; remember seeing him when he was six years of age, af which ago he was suffering from a cut on the head—a deep gash; it was 0 deep that I remember seeing the workings of hisbrain; after recovering from the wound the child acted in a strange manner, and never after- ward seemed right; when he grew up he was exempted from ilitary duty on account of mental incompetenc I knew his .mother; she was subject to epileptic fits; had them often four or five times a day; ghe finally died in one; Jacob Standermann was cleveu years of age at the time of her death; he has beea in this country about five years; I saw him about two weeks previous to the Shooting; one of his sisters dicd in an epileptic ft. Dr. John @. Hannan, being sworn, testifled:—I have known Jacob Standermann since the first day of his trial; was summoned as a medical expert; did not ex- amie him, but answered the hypothetical question relating to his sanity,at the date of the commission of his offence; I believed, and so stated, that he was in- sane at the time of the murder; I remarked about his hereditary predisposition to insanity and the injury on the head he received when a child; * L based my opinion on the following points, viz.:—The hereditary predisposition to insanity in the prisoner from the testimony that his mother died in an epileptic fit; second, that such prodisposi- tion tends to produce {n the children either insanity, epilepsy or nervousness; third, chat he had a fall when young from a hayloft, injuring his skull and producing concussion of the brain, from which injury he kept his bed five or six months, and his exemption from mult- tary duty on that account; fourth, from the unaccount- able impulse evinced in his manner of threatening on several occasions to shoot the object of his affections; fifth, from the act itself, taking it more to be the act of an insane man than a sane man; sixth, the subsequent symptoms exhibited by him while iy prison, consist- ing in leaving his bed at night to sleep on the floor, un- der the bed, and, when roused, not appearing to know where he was. Standermann’s brother certified to the truth of ‘ahn’s statement, aboye given, Several friends of Standermann also testified to knowing the condemacd aud of his irrational action. ‘The examination will be continued to day. THE CONDEMN ED MURDERERS. HOW THEY APPEARED AT EXERCISE YESTERDAY. side the Tombs during the exercise hour of the marder- ers, Dolan was lying at the end of the corridor, on a soft couch specially prepared for him, and expressed himself as exceedingly ill. One of the two Sisters of Gharity who daily visit the wretched condemned ewas conversing with him, and he seemed to listen jntently to the consoling words she uttered.- After she had gone he walked about with downcast expression for a fow minutes, and then laid down again, He was very reserved during the entire day, and has, to all appear | ances, completely lost nerve. Weston, one of the trio of blacks, hailed the reporter and asked if he was not the samo who gat alongside of him during histrial. Upon being answered in the at- firmative, he opened his bosom and began to talk right freely, He takes his lot quite sensibly, and looks upom | shall'not be dona Now, the Law Department sets up | pis final going off at the rope’s end as something in the W! | the defence that the appropriation for the payment of the claim is exhausted, but is at great disadvantage | in maintaining the defence on account, of the shapo that the case takes under the existing law. When the -| case gets into court it appears that when the liability was incurred there was money to the eredit of the ap- | propriation in the Comptroller's offlce—enough to pay it—although the department which incurs the liability has prior to incurring this liability ineurred others sut- ficient to exhaust all the appropriation; and, although these prior liabilities come alpng in due time and take | i» all the money, still the courts hold that, there having been money in the treasury atthe time the lability was imcurred eufficient to pay the claim, the defence is mot good, and these peo- .ple are paid out of the appropriation for judgments, and the'debt of the city is increased so much, It is really in violation of the law, because the charter hag enacted what purported to be a system by which there should be some limitation upon the power of the various executive departments to contract labili- ties for which the city is responsible. Now, if there could be any system by which the various depart- ments should be obliged to register their liabilities at the time that they were made, so that per- sons dealing with the city should get’ a specific hen upon a fund, then it could be known at all times just how much money was exhausted, and the Law Depart- ment could enforce the provisions of the law. At | present in undertaking to enforce this provision of tho | charter we are in the unfortunate position of under- taking to maintain what looks like an unconscionable defence, trying to “win on the execution,” as lawyers | call it. 'The supplies having been furnished the city or .the work done, whatever it may be, of course the lean- ing of the judiciary is very much in favor of the claim- ant in any individual case, But ifa system were provided by which a man with diligence could get a specific lien upona fund by means of @ system under which the executive departments were required to register their various liabilities when they were made, then there would be no equity in favor of a man who con- tracted with the city at @ time when the registered lia- bilities showed that the fund out of which he should be paid was exhausted, Mr, John H. Wheeler, President of the Board of Com- missioners of Taxes and Assessments, was called to the stand and sworn, Mr, Wheeler said he came into office on the 9th of May, 1873; there were two other Benjamin | Commissioners, Charles H. Andrews and Jobn H. Hay- ward. He was asked as tothe amount of arrears of personal taxes and the amount of assessable Raga A e could not tell the exact amount then, but would tatement to the committee giving the required The amount of the appropriation for the resent year 1s $120,800; salarios of fifty clorks, S109, 400; seven assessors, $19,400, and contingent fund, $1,000; and for 1876 the appropriation will be ro- In 1872 the appropriation was $248,600; 1873, $254,700; 1874, $157,400, and the revised estimato made it $147,400; ‘the principal reduction made by the present board was in the matter of salaries; two deputies; two deputies were reduced from $5,000 a year to $8,000 each; twelve from $4,000 to $2,400; throe from 000 to $2,000 and the assessors from $5,000 to $3,000; the amount of taxes appropriated for State purposes he could not give. ° Mr. Davenport—Do you think three Commi: of Taxes are necessary? Do you not think one man would be suflicient to take charge of that bureau? Mr, Wheeler—No, sir, I think there is enough work for three; two at the least, Mr. Davonport—Do you not think it would be advisa- ble to place the Bureau of Taxes and Assessment under the charge of the Comptroller? FF Mr. Wheeler—No, sir; 1 do not think it advi: Joun H. Whittemore, Clerk of the Third Court was the next witness, He testified that there were two assistant clerks, a stenographer, two attend- ants and an interpreter; also a janitor attached to the court. Ho did not think that the court could well be run with less attachés, The amount claimed on the payroll for the present month was $1,924 99; the amount allowed was $1,549 98, The clerks of the Dis- trict Court receive their pay under special voucher. The Board of Apportionment reduced the rate of salary, and there is a suit now pending to recover the balance; the Judgo’s salary is placed on the payroll,at the rate of $10,000 a year, F Mr. Davenport—I believe that the present clerks claim that they hold their positions under the incoming magistrates? Mr, Whittemore—Yes, sir; they claim that they wore appointed by the action’ of the Supervisors, and the Judge has no power to remove them, One case was decided, as to Justice Quinn's court, Hogan against Flynn, and another case from our court, the case of Mr. McCabe as to the power of the Justice to remove, Mr Bavenport—How many dispossess warrants are issued from your court during the year Mr. Whittemore—I do not know; in fact the offi | does not keep any record of it; that matter concerns | the judge directly. Mr, Davenport—What ts the foo? Mir, Whittemore—Two dollars; the dispossess fees aro not returned to the Comptrolior; all other fecs are, Mr, Davenport—How many cases were brought before your court last year? Mr. Whittemore—Theré wero about 2,000 summons cases, 3,900 Board of Health cases and 2,500 cases from the Corporation Attorney's office, Mr, Davenport—How many of these cases were tried? Mr. Whittemoro—About one-third; a great many of the Board of Health and Corporation Attorney's cases are settled at once; thoy are morely called. ‘The last witness called was Mr. Honry McCabe, clerk of the Sixth District Court, He testified that he camo into office on the 12th of February last, Thero are attached to the court an assistant clerk, named Michaol Nolan; @ stenographer, named William F, Foley; an fnterpreter memad Athary Suthman, ama tore ate send information, | upward) | bim, eh??? | | rough. i line of the inevitable, ile pulling vigorously at a he asked the reporter what Doian's chaucos cigar were ? RerorrER—Well, he may be respited for a weok by the Governor, but he will eventually hang. Westox—(Pulling complacently on his cigar, looking You don’t think there's any bope of saving Rerorter—No, indeod. ‘ Wustox—Then you think he'll have to swing; is that Yea. x—(Looking at the “bite” of his ci; comfortable indifference.) Well, that’s rough—that ia What do you think of my chances? Rerorter—Poorly; in fact you have ng chance at all that I can see. Wsstox—I ought to have had the benefit of my eon- fossion; at least so they tell me. Just at this stage Deputy Warden Finlay came up and entered into a dispute, in a friendly way, about the length of’ time Weston had been out, the former ¢on- tending that an hour had elapsed and the latter, with a wink at the reporter, steadily maintaining that buta half hour had passed. eriffs continue to watch Dolan during, the day, while at night three of the Sheriff's officers keep guard. Warden Quinn says be has hun- dreds of applicants for admission, anxious to see tho condemned ; but, out of consideration for their feelings, positively dectines to allow any one inside except those | properly having business there, Dolan’s mother, a very tidy, elderly woman, and bis ‘wife were in to see him yesterday, and held long anf close converse with him, He is completely dispirited, DELANEY STILL VIOLENT. There appears to be little probability Mat the move- ment for a reprieve of Delanoy, the murderer of Captain Lawrence, will be successtuk Judge Armstrong, who sentenced him, refuses to make any movement in his behalf and District Attorney Downing opposes the effort to obtain an examination of tho prisoner to determine the question of his lunacy. The prisoner is, unques tionably, subject to fits of uncontrollable passion, but it is regarded as questionable whether these aro in any dogree traceable to insanity, though they may be the result of a naturally unbalanced mind, Meo still ex- presses the desire to kill two of the keepers who havo been most constant in attendance upon him, and who have been uniform in their kindness toward him, “Gus’’ Rushmar, son of the principal keeper, and Andrew Smith, i 2s that po would bo willing to die if e could «wreak his vongeance upon them, the intorvals of bis fits of violence he is quite calm a: quite oe On Monday he sent for Sheriff Sammis and talked him for some time. Ho expressed ee for all the trouble he had given and hoped tho Sheriff would for- givohim, Yesterday, however, he was violent again, and when one of the keepors opened the wicket of his cell door to pasa in some food he threw a handfut of filth in his face, He smashod the tub in bis cell for the reception of excrement, tore his bed and bedclothing in strips, and raged like agad bull. He declares constantly that ho will never bo hung and boasts that he can himsolf froth his shackles at any time. The Sheriffand his officers apprehend a great deal of trouble from him on the day of bis execution. CRUELTY TO ANIMALS. A mecting of the Executive Committee of the Amert- can Society for the Provention of Cruelty to Animals was held yosterday at its headquarters, Hon, Townsend Harris in the chair, There were also present John M, Rixby, N. M. Beckwith, Royal Phelps, N. P. Hosack, Nathan ©. Fly and Henry Bergh. Tho secrctary having read the minutes of the previous meeting the counsel reported that he had, in company with the president, Mr. Bergh, attended a meoting at Newark for the pur- pose of discussing the question of the transportation of cattle, and their protection from cruelty duri transit. . He also reported tho favarable decision Judge Larremore in the case of the hog slaughterers, Letters were road from Singapore, Lisbon and other foreign parts asking for information and advice jn the formation of kindred societies, A lecture by the Pres- cident at Bridgeport was reported. Mr. James M, Brown and Hon, Thomas Cooper Campbell were elected members and the elty of Brooklyn branch was duly elected as auxiliary society. Communications were read from a number of ladies and gentlemen on various subjects, Tho Superintendent, Mr. Hartfield, reported that since the Ist of January last the Society bad prose- ented 535 cases of cruelty to antinals in the courts in this city and Brooklyn alone. Eleven hundred and filty- nino ‘horses, found sick and unfit for work, had beca ordered out of hart and sent home or to the vetert- nary surgeons for treatment; of these 742 were lame, 842 suffering from sores and 75 were old and worn out. Seventy-three drivers wore st and compelied to dump portions of their heavy ; 1,077 co ned animals had been mercifully destroyed) oe bomeless and vagrant dogs and cats had also n homanely Killed, In gddition to the above nearly 700 complaints had been Le geen The ambulances been called out on 169 occasions and removed disabled animals from tho streets. After somne wanars! so" —~ business the meoting adjourned. - Areporter of the Huranp was present yesterday in-