The New York Herald Newspaper, December 22, 1875, Page 7

THE BROOKLYN RING. . Papers in a Legal Action Served Upon Its Alleged Members, HALF A MILLION DOLLARS INVOLVED, The Defendants Anxious That the Suits Shall 3e Immediately Tried. At last the papers have been served upon Messra. W. © Kingsfey, Abner 0. Keeney, W. A. Fowler, E. J. Lowber and Archibald M. Bliss, The first two gentle- men named are the contractors for building the new storage reservoir at Hempstead, and the lattew were Commissioners of the Water Board at the time the con- tract was awarded. Fowler {s still a member of the Board of City Works. Mr. Bliss is @ member of Con- gress, and Mr, Lowber is in private life They aro charged with collusion and with the illegal payment of money for that work, to the amount of $456,125, The return of this sum to the city Treasury {s now de manded, The summons and complaint as drawn by Mr. Jobn E. Parsons, who represents Attorney Genera; Pratt in the prosecution in behalf of the Taxpayers’ Association, were served upon the defendants yester- day. Tho latter say that they are glad that the allega- tions against them have at last been transferred from the newspapers to the courts, The counsel for the de- fendants, General Tracy, Catlin, Pryor and others, ex- press themselves ag ready to meet the issue, and say they will urge an early trial, The suits will be tried in New York, The following ig the text of the document about which so much bas been written:— City and fpstsion of New York, Surreme Count—City lew York, s8,— The Feople of the Btate of New York against William 0, Kingsley and Abner ©. Keeney, Will A. Fowler, Edward J. Lowber and Archibald M. Bliss. The plaintiffs by Daniel Pratt, their Attorney Gen- eral, complain of the defendants :— 1 That on February 18, 1871, an act was passed en- titled ‘An act to provide for the further supply of the wity of Brooklyn with water, and for the payment of the expenses thereof,”’ by which it was provided that it should be the duty of the Permanent Beara of Water and Sewerage Commissioners ot the city to proceed to earry into effect the plan for furnishing an in supply of water for said city, and for the such exten- sion ofthe then present water works of said city, and the construction of such further reservoirs, conduits and other structures as might be necessary for that pur- therefore, submitted by the said Board to the momon Council of the said city, and approved by a resolution of the Board of Aldermen of said auty, of July 11, 1870, which gaid resolution was finally adopted by the said Common Council, by a two-thirds vote, on De- ember 1870, a pepe ies the whole expense thereof should not exceed the sum of one million four hundred thousand dollars; and tothe end that the said Board shall acquire in the name of and for the city of Brooke dyn the title to such lands, ponds and streams as might ‘be necessary therefore and that upon the acquisition of such lands, ponds and streams the said Board should cause the necessary work to carry said plan into effect to be done. & That by an act passed May 6, 1970, it had been provided that it should be the duty of the said Perma- nent Board of Water and Sewerage Commissioners to prepare and submit to the Common Council of the said city of Brooklyna plan for furnishing an increased supply of water for said city, including such extension of the then present works, and the construction of such further reservoirs, conduits and other structures as might be necessary for that purpose, together with an estimate of the probable expense thereof, and that the = mentioned in said act of February 18, 1871, was fhe plan which, by the said Permanent Board of Water and Sewerage Commissioners had been prepared and submitted to the said Common Council, pursuant to the act of May 6, 1870, 8. That the said plan consisted in the construction in the town of Hempstead of a storage reservoir for the storagepf a large quantity of water to be retained in said reservoir until the necessities of the city of Brook- lyn should require its use, such water then t¢ fe used as 4 reserve supply, and to be, in addition to that, fur- nished by the then existing arrangements for supplying the city of Brooklyn with water; that the reserveir pro- posed in said plan, and subsequently determined upon and in part constructed, is known as the Hempstead storage reservoir, 4. That on or about January 9, 1872, a contract was executed by and between the city of Brooklyn, through the aid Permanent Board of Water and Sewerage Com- missioners, of the one part, and the defendants, Wil- liam ©. Kingsley and Abner C. Keeney, styling them- selves contractors, of the other part, by which the do- fendants, William ©, Kingsley and Abner C. Keeney, undertook to excavate and build in a good, firm and substantial manner the said storage reservoir, with all its appliances and appurtenances, and to furnish all the necessary materials and labor therefor, vpon the terms and conditions in the said contract specified, and the said city of Brooklyn, by the said Pérmanent ‘d of ‘Water and Sewerage Commissioners, agreed to pay the said defendants, William ©. Kingsley and Abner C, Keeney therefor certain specified rates ofsums, which, upon those ofthe tory estimated for the said res- ervoir in the specifications prepared by and under the direction of the said Board included in the schedule of balanced bids, amounted to the sum of over one million three hundred and seventy-seven thousand four hun- dred dollars ($1,377,400), subsequently reduced to one million one hundred and fifty-one thousanu one hun- dred and eighty-four and 18-100 dollars ($1,151,184 18), as hereinafter set forth. 6. That under the said contract there has been paid to the said defendants, William C. Kingsley and Abner ©. Keeney, by the city of Brooklyn the sum in all of one million one hundrea and fifty-one thousand and one hundred and eighty-four dollars and eighteen cents ($2,151,184 18), or thereabouts: that the sum paid to he defendants, William C. Kingsley and Abner G. Keeney, exceeds by the sum of four hundred and fifty- six thousand one bundred and twenty-five dollars and upward the amount for which they were paid the said ‘sum of one million one hundred and fifty-one thousand one bundred and eighty-four and 18-100 dollars; that the work could bave been well and satisfactorily a pursuant to the terms of the said contract, and ‘that to the extent of the said sum of four hundred and fifty-six thousand one hundred and twenty-five dollars and upward, the money of the city of Brooklyn was, without right, obtained by the defendants as herein- after more particularly set forth. 6 Tbatthe Permanent Board of Water and Sewer- age Commissioners was organized and’ established pur- suant to the several acts passed for the purpose, among other things, of providing the city of Brooklyn with water; that at all the times hereinafier men- toned the defendants, William A. Fowler, Edward J. Lowbar and Archibald M. Bliss, constituted the aid Board, and that the acts creating the said Board, and ‘as well as by the general law of the land applicable to such cases, it was the duty of the members of the said Board faithfully, truly and honestly t6 administer the authority vested in them as such, and to discharge all the duties devolved upon them in the interest of the city of Brooklyn, 60 as at the least possible expense to provide for the said city the requisite water facilities, and particularly under the acts aforesaid to provide and cause to be constructed the said Hempstead storage reservoir. 1. That by the charter of the city of Brooklyn it is provided, and that by all the defendants it was at all times herein mentioned well known that it was pro- vided, that all contracts, agreements or liabilities in the nature of contracts for public works, by which the city of Brooklyn should be held liable'to pay money Involving an expense of more than $100, should be en- tered into with the lowest responsible bidder after pub- ication for proposals thereof. That it has been the policy of the law, and the practice in the case of muni- cipal corporations generally, and as well in the case of this and of other States and of the United Stat that public work should be done under contracts, an that for such contracts Hy tthtene a proposals should be published, and that such contracis should be given to the lowest responsible bidder, so as to secure tho best work at the lowest expense, as was at all the times herein mentioned weli known to the defendants. 8. That the said contract for the sald Hempstead Btorage Reservoir was entered into by and between the defendasts, Fowler, Lowber and Bliss, comprising such Board, acting in the name of the city of Brooklyn, and the defendants, William G Kingsley and Abner 0, Keeney, in pursuance of @ scheme to which the said defendants were parties, the pu of which scheme was that the sald defendants, William ©. Kingsley and Abner O. Keeney, should be permitted wrongfully to obtain large sums of money from, and of the moneys of, we auty of Brooklyn. That the said scheme embraces the passage of the aut of May 5, 1870, the said action of the Common Couneil of the city of Brooklyn and the rr je of the some or all of said act of February 18, 1871, om, and an arrangement by which the contract for the’ con- struction of the said Hempstead 8 jo Reservoir should be given to the said defendanta, William C. Kingsley and Abner 0. Keeney, at aprice much beyond she fair and reasonable value o: work and much higher than that at which the work could have been procured to be done by other and responsible parties, that in order to give effect to the said scheme, the efendants first fraudulently combined and confeder- ated together for the parpose of creating, and they did take meastres to create, the opinion in the city of Brooklyn and among the inhabitants thereof, that ther existed the necessity for the ,construction of a storage reservoir, and they caused It to be generally circulated eported that their present facilities for furnishing Wo the city of Brooklyn were inadequate, and that there was dangor of # water deficiency, when in truth and tn fact such was not the case, That in order to spread abroad such opinion, and lurther, to give an apy arance of foundation to the truth thereof, the Rodanve combined and colluded to cause, and aid cause, ‘© waste of the then existing supply of water, so as to make {t appear that such supply was not sufficient, when tp truth and fn fact the eame was ample for the required purpose. 1, That the defendants all took part in the action NEW Y received therefor, 11. That, after the said act of February 18, 1871, the defendants, Fowler, Lowber and Bliss, comprising the said permanent Board of Water and Sewerage Com- missionérs, caused specifications for the work upon the said reservoir to be pre} Dut that in wilful disi ‘and violation of their aforesaid duty, and of the provisions of the charter of the city of Brooklyn, and of the general practice, and of the policy of the law in similar they ‘abstained from publishing for proposals for such work, and from ving a general mvitation for bids therefor, That they aa so for the fraudulent purpose of preventing public competition and of enabling the defendants, William C, Kingsley and Abner C. Keeney to obtain the said con- tract at extravagant prices; that, in further pursuance of such purpose, proposals for te said’ work were by the said defendants composing the said Board of Water and Sewerage Commissioners invited only trom certain rsons especially selected for the purpose, with the intention that they should furuish proposals at prices which should be somewhat larger than the prices at which the said defendants, William C. Kingsley and Abner 0. Keeney, proposed to do the said work, so ag to give an appearance of business to the prices which should be proposed by them; that the said defendants, William Q, Kingsley and Abner ©. Keeney, proposed vo the defendants, comprising the said Permanent Board of Water and Sewerage Commissioners, to do the waid work at prices which in the ate for the Specified quantities, so far included in the contract, amounted to the sum of over one million three hun- dred and seventy-seven thousand four hundred dollars ($1,877,400), and that the suid other persons furnished proper to the said defendants comprising the said to do the sald work ae which, in the ag- gregate, somewhat exoceded nggrogatc price pro- posed by the defendants, Kingsley and Keeney, 12. this was done under and in pursuance of @n arrangement to which all the defendants were par- ties, That notwithstanding the efforts of the defend- ants that none of the said proposals should be at prices less than those contained in the proposal of the defendants Kingsley and Keeney, a proposal to do the said work was by the said defendants Fowler, Lowber and Bliss recetved from one party at prices which amounted in the aggregate to the sum of the specified quantities (so far included in the contract) $1,377,400, and that thereupon the said defendants Fowler, Low- ber and Bliss permitted the same to be known by the detendants Kingsley & Keeney, and consented that the prices of their proposal should be diminished so as in the aggregate not to exceed the sum of $1,361,725; thus making the price offered by them the lowest of the prices offered by the several persons from whom bids were so received. That the nagregate rice to which the said bid of the defendants Kingsley and Keeney was thus reduced, exceeded by the sum of $650,000 and upward the fair and reasonable value of the work, as well known to the defendants; and, ay prehedsive that the extravagance of the price would call public attention to the proceeding, and might re- sult in defeating the schemes of the defendants, they subsequently arranged that the price for the rk at the specified quantities should be reduced to e sum of $1,151,184 18, upon cl g the ca tions, as is shown in the paragraph next following, at which sum id contract was given to the de- fendants Kingsley and Keeney, as aforesaid. 1& That the site of the said’ reservoir consisted in part of previously existing ponds or deposite of water; that, by drawing off such water, the expense of exca- wating the ground covered by it could greatly re- duced, and that afver the said proposals of the said sev- eral persons had been received the defendants, Fowler, Lowber and Bliss, arranged to draw off such water, an thus correspondingly to reduce the cost to the person who should construct the said reservoir of the excava- tion thereof, they having wilfully failed prevtously so to do, so as to create an apparent occasion for a largo aggregate price for the said work; that they communi- cated such an arrangement to the defendants, Kin; Jey and Keeney, and that it was thereupon that the aggregate price bid by them was reduced as aforesaid, but that the defendants, Fowler, Lowber and Bliss, wilfully and intentionally omitted to communicate such an arrangement to the otber persons from whom pro- posals were received with the purpose that there should not be extended to those of them, if any, whose bids were honestly offered, the opportunity of reducing their bids correspondingly with such reduc- tion of expense. 14. That before the execution of the said contract one William Beard, a responsibe person, was willing and desirous to construct the said reservoir at @ price in the aggregate for the said specified quantities, so far as ins chided in the said contract of seven hundred and thirty- one thousand six hundred dollars, as the Cr rreet Fowler, Lowber and Bliss were informed, and es an there well knew ; and that efforts were made both by the said William Beard and by other persons, taxpayers of the city of Brooklyn, and so interested in the economical construction of the said reservoir to procure an oppor- tunity to him to make the said defendants, Fowler, Lowber and Bliss, offer to construct the said reservoir for such price, and they repeatedly requested of said Commissioners to see the plans and specifications for such work as soon as prepared, but that they purposely cand wilfully denied and refused such opportunity not- withstanding the promises to give the suid contract to the defendants, Kingsley & Keeney, and that they pur- osely and wilfully;condacted all their said proceed- Fipa te oencent. and Ridden mannenendaa 50 te ‘prevent tue knowledge thereof by the taxpayers and inhabitants of the city of Brooklyn whose interests were concerned, with the intention thus to prevent interference with their said scheme. 15, That farther to aid their said scheme and to en- able the defendants, William ©. Kingsley and Abner 0. Keeney, to wrongfully obtain money of the city of Brookiyn, the defendants composing the said Board, subsequent to receiving said offer or pretended offer greatly enlarged the area of the eaid reservoir, thereby enabling the defendants, William ©. Kingsley and Ab- ner C. Keeney, to obtain their said extrav: it contract price upon greatly increased quantities, though, as all the defendants then and there well knew and intended, it was thereby made impossible work should be done within the said limit fixed by the said act of February 18, 1871;, and although it necessarily resulted that the said reservoir could not be built with that part of the said limit of $1,400,000 applicable thereto, and that it must remain unfinished and of no use to the city of Brooklyn. 16. That all the aforesaid acts of the defendants were done in concert between the defendants, Fowler, Low- ber and Bliss, and the defendants, ‘Kingsley and Keeney, with the corrapt and fraudulent purpose of | enabling the defendants, Kingsley and Keeney, wrong- fully to obtain such large sums of the money of the city of Brooklyn, and with the expectation on the part of the defendants, Fowler, Lowber and Bliss, of beue- fits and advantages to themselves, but whether such | expected benefits were pecuniary or whether they were | political or otherwise the plaintiffs have not yet been able to ascertain. 17. That the defendants, Fowler, Lowber and Bliss, were desirous of public and political poriiicn, influence ‘and control, and that to the obtain ng and enjoyment thereof there was requisite, as they believe, the expen- diture of considerable sums of money, and that, in ad- dition to such other benefits and advantages as were expected by the defendants, Fowler, Lowber and Biles, from the defendants, Kingsley and ‘Keeney, there was the expectation on their part that from the moneys which should be obtained by the defendants, Kingsley and Keeney, they would farmsh considerable sums in aid of the public and political purposes of the defen- dants, Fowler, Lowber and Bliss, ‘That if the defendants, Fowler, Lowber and Bliss, had honestly and faithtully discharged their duty in the remixes it would not bave been possible for the de- oes Kingsley and Keeney, to obtain the said sum of $456,125 and upward, and’ that they fraudulently and wilfully, and by corrupt collusion and confedera- tion with the defendants, gsiey and Keeney, so ar- ranged as that those defendants were enabled to ob- tain the same, and that as the plaintiffs are advised and believe, hot only the defendants, Kingsley and Keeney, but as well tho defendants, Fowler, Lowber and Bliss, thereby became liable to return the said sum. Wherefore, the plaintiffs demand judgment against the defendants for the moneys so obtained from the city of Brooklyn, in the sum of four bundred and fifty-six thoasand, one hundred and twenty-five aol- Jars, with interest thereon from the commencement of this action, with costs. DANIEL PRATT, Attorney General. and County of New York, ss.—John E. Par- sons being duly sworn, deposes and says:—I have been especially retained by the Attorney General to prose- cute the above entitled action, and for the thereof I act for, and as the representative o! torney General; I have the foregoing complaint and know the contents th jf; the same {s true to my own knowledge, except as to the matters therein stated on information and belief, and as to thoso matters I be- lieve it to be true. JOHN EB, PARSONS. Sworn to before me this 20th day of December, in the year 1875—Joun J, Lovura, Notary Public, Kings county. SUED CONTRACTORS SUE THE CITY. Yesterday the contractors for the reservoir, Moasrs, Kingeley and Keeney, caused the service of the com- + plaint in the suit brought by them against the city of Brooklyn to recover the sum of $178,000 alleged to bo due on contract Notice of the suit was given to the Corporation Counsel two weeks ago. The complaint sets forth that during the years 1872, 1873 and 1874, the tiffs performed work and furnished labor and ms is reasonably worth $178,000, The defendant has failed to pay the sum although {t is due and has been demanded, They demand judgment with in- terest and costs, A demand fora bill of particulars of the items constituting the $178,000 has been made by the Corporation Counsel, HOBOKEN’S FIGHTING ‘TRAMPS, Two tramps, while on their way to New York from Port Jervis, began fighting in Hoboxen, N. J., after a dispute about some mon Philip Lennon, the more poworful of the two, threw down his companion, John Smith, and kicked him about tho head and body, hurt- Ang him badly, They were brought before Recorder Bohnestedt yesterday, when Lennon was held in default ped and bail to await trial, and Smith was held asa 38. A WOMAN IN CONNIPTIONS, Marta Schmidt was brought before Recorder Bobn- A which was procured the passage of the sald act of ay 6, bt hg passage of the said act of February 1! 1871, and the said action of the Common Counell, an abat prior to the passage of the said acts, and to such ection of the said Common Council, it was talked be- ‘ween the said defendants, Fowler, Lowber and Bliss, ‘and the said defendants, William 0. Kingsley and Abner ©. Keeney, and, 80 far as It could be arranged, there ‘was an unde; Detween them that if the plan stedt, of Hoboken, yesterday, charged with dronken- ness, Bhe listened with scorn while the officer told his story, and then remarked, ‘It was evident the officer did not know the difference between @ woman drunk and @ woman in ‘conniptions, Neither did the Ro- corder, so he discharged Maria, who left the court look Ing like a tragedy queem, CANAL FRAUDS, AUDITOR THAYER ON THE STAND—HE EXPLAINS » HIS BANK ACCOUNT AND WHY HE BORROWED SIXTY THOUSAND DOLLARS, Aunany, Dec. 21, 1875. The Canal Investigating Commission reassembled at ¢ o’clock, when a part of Mr. Thayer's testimony taken yesterday was read over to him by the stenogra- pher. The examination was then resumed. T have not been able to learn the exact amount I paid for the French certificates; I paid in Troy City Bank checks; by reference to the accounts of that bank in March I could Jearn; I have not examined as to how much | paid for the Osborne certificates; on the 12th of April, 1875, I purchased of. him $25,296; can’t tell whether they were for old work; the warrant is dated May 20; I became possessed of those certificates on April 12; G. A, Stone became payee of the checks because they belonged to the bank; 1 took them to the bank April 12; I don’t know what I got forthem; I have no account. of them; suppose there is an account In the bank, but nos with mo; I first procured the certificates 12th of April, 1875, The assignment from N. L. Osborne to @. A. Stone and a power of attorney without naming apy one was read by Mr. Magone, Mr. Magone—Was not the name of@. A. Stone in- serted after.it was acknowledged, and in your writing? A. Yes, sir, I Mave no means of telling, m dollars and cents, what I paid Osborne for those certificates; I paid Mr. Spinner, a partner of Osborne; 1 can’t tell whether it was in checks or currency; think part, as least, was in drafts; Mr. Spinner was the man! had the transac- tion with; whatever! paid him paid him about the 12th of April; [am unable to say whether Tg him any more than I borrowed from the Troy City National Bank on the face of those certificates; I can’t say be- cause I can’t tell what I borrowed nor what I paid for them; it was less than the faco of them; ft was about forty to forty-five days’ interest less than the face of them at seven per cent; I am able to swear it was not sixty days’; won’t swear it was not.fifty days’; F cal- culated the interest up toabout the 1st of June and ho was liberal in his allowance; I have no memorandum that I know of showing my profit; never credited it to McKie or any other person; all the profit on these cer- tifcates I kept to myself; my understanding is that vhese certificates were not subject to my audit, except. as to their being in proper form; this class of claims cajl only for my seeing that they are in proper form; I knew that they were subject to my sane in the way I state; I took rofit on. these certificates to myself; I did not before the Commission- ers of the Canal Fund deny purchasing certificates, either in my own name or in the names of others, sub- fect to my audit; Lean’t say how much money the Troy ty Bank had belonging to the State on the 12th of April put there pee and subject to my withdrawal. Mr. Magono—We find that in March there was $141,907, and in April $128,000. ‘The balance sheet of the bank was shown to witness, and he read:—‘‘April 1 are was $129,311, May 1 there was $119,000 in the n Recess till three P. M. APTRR RECESS. The commission re-assembied at 3:30 P. M., and Mr. J. B, Pierson presented the power of attorney given him by Stephen ©, Dermott on the 10th of February to prosecute his claim against the State for taking his water powcr. He also produced the inventory taken when he sold hig interest in the mill property to his partner Dermott, Mr. John B. Gale, counsel for Dermott, asked to pre- gent @ protest against the commission investigating the Dermott case, a3 that claim was now in course of judi- cial determination, and to pursue it here would injure the interests of his client. Mr. Bigelow said the proposition made would debar the commission from pursuing its work if it was adopted, He was sure the commission would not hurt the gentleman’s client, It was not going to prejudice the claim, but the commission must be allowed to de- termine what course to pursue in its investigation, Mr. Magone remarked that this claim was most cer- a wrongful one. Gale—Such a declaration by this commissioa will have the effect to damage the claim. Mr. Bigelow—We have testitnony to sustain what wo have said, and do say; still, Ido not think we ought to argue this question. After ope further conversation Mr. Bigolow said they would’examine the paper and if it was found to bo pertinent it would be used. Ii the investigation affects the interest of Dermott it certainly was his fault, and not that of the commission. The matter here dropped and Mr, Thayer took the witness chair again. Mr. Magone—What other funds were in the Troy City Bank besides that which youhave stated? A. The canal tolls money; I don’t know how much; think it ‘was one-fifth of the receipts at West Troy; ii 4 next parchase from Osborne of his certificates through ‘kinner after the 12th of May was on the 20th of May; that purchase amounted to $7,900; I negotiated the trade with Sking gave him the face ot those cer- tificates, at least he went to the bank and got the money; the certificates were assigned to me on the day we received from tho Treasurer the $300,000; 1 brought down from Troy certificates amounting to $79,658 84; these were the Dennison, Osborne and French certificates, also Gale’s certificates and J. B Gates’ (engineer) draft; the reason 1 took the assignment from Osborne was that I had not yet money enough to pay him, as I thought he had to pay vorrowed money from the amount he had received; I then sent him to Troy to t the money and he got /t; afterwardI oxamined the w and found that we were not obliged to pay bor- rowed money; I got nothing for accom- modating him; I swear that; I don't Know as I purchased these certificates before the essignmont; on what | discounted for any length of time I got compensation; I know Jerome Smith; he is a clerk in my office; he took one assignment, Burchell took another and Terrill took another; at the time I took that certificate I really had money 1 could use to pay, but did not know it; I have looked at the law and find there was no warrant for borrowing the $200,000; I did not draw up the resolution to borrow | that sum at the instance of Thaddeus C. Davis with the intention of paying it over to George Lord; the reso- lution was produced and ho eaid it was not his hand- writing; It was directed to be drawn oy me; don’t know as I presented it to any of the Commis- eioners of the Canal Fund; it was presented to and passed unanimously by the Commissioners of the Canal Fund; I had it adopted to pay outstanding cer- tificates; it was to pay George Lord, with others. * Mr, Magone—Did you not have this’ resolution adopted with the vurpose to pay Lord? Z Mr Thayer—Lord spoke to me about the matter, and I told him I would do it; he did not pay me acent for doing that; I paid the money on Lord’s certificate to Davis; he had authority to collect it; at the time I supposed there was @ law for it; I had no conversation with Davis until after @ passago of the resolution; it had been the practice to borrow money from the sinking fund; no such transaction has occurred since the Comptroller called attention to its fllegality; don’t recollect who was the next one paid from this money; Pratt, of Buffalo, had aclaim; don’t know how he is related to Comptroller Hopkins. The record was read, showing to whom the money was paid. Mr. Magone—So you see you selected Lord, Denni- son, Pratt and Ostrander as the only beneficiaries of this county, and did not communicate the fact to the ethers; you bad money for them and you borrowed money at five per cent to pay certain ones, and as to the others you purchased their claims at'a discount, Is that ro? A. Some I paid and others I did not, as I had not the money to pay them; the Hamil- ton certificates I did not ad because I did not have money to pay it with; we had money on_ hand, current § receipts from tho business on the canals, but it was not available for thi case, as the superintendents were to be paid out of ¢ same fun T took Hamilton's certificate to the Troy City Ba id the full amount, $38,000, was paid; T dispensed with the engineer's certificate, because I con- sidered it did not require o: for the same reason I refused to pay Benson’s certificate, Mr. Magone—Did you not have then over $200,000 to pay these drafts? A. No, sir; we had to meet cur- rent expenses; we run ont of money before tho 1st of October; I took Benson’s certificate and secured tho money for him, taking the interest only; we had to borrow money at that time to get along.’ He read the resolution adopted on the 17th of August authorizing a Joan of $60,000 to meet ordinary expense: be awa hone carte much money had you on hand at that time? A. Applicab! ordinary repairs? Mr, Magono—Yes, as we understand it bg gg? but will learn, ir. Magone—We have information that you had $224,000 on hand, which could be used, when the reso- lution to borrow $60,000 was adopted, Adjourned till to-morrow morning. THE CANAL BOARD, Atnany, Deo, 21, 1875, Ata meeting of the Canal Board to-day H. J. Mowry, ‘8 contractor, made an application to cancel his contract and make @ final settlement for the work on the Black Rock Harbor Improvement, He all but the deposit and the asual percent, The work being under one of the suspect contracts reported by the Canal Investigating Commis- sion, bad been suspended. Argument by counsel was heard for Mowry; and, after some discussion {n tho Board, which seemed disinclined, ander the circum. stances, to take action im the matter, on motion of Commissioner Walrath the application was denied by @ unanimous voto, ‘ ATTEMPTED ARSON, Bhortly after daybreak yesterday morning an attempt ‘was made by some unknown person to set fire to the three story frame building at the corner of Courtland avenue and 156th street, A pile of shavings in a back room on the second floor was fired, but fortunately tho A. I cannot flames were subdued before any material damage was done, The property is owned by F. Thomas, THE JERSEY OITY INFANTICIDE. ‘The Hudson County Grand Jury has found a bill of Indictment against Mary Sullivan, a factory girl tn Jersey City, who tried to conceal her shame by burying her infant in a cellar on the night {twas born, When arral yesterday sho pleaded guilty and was ro- manded for sentence. The unfortanate girl ts friend- lesa, evpa her female companion becoming her accuser, BOARD OF APPORTIONMENT. ISSUING MORE BONDS—THE ESTIMATED GENERAL FunD For 1876, A meeting of the Board of Apportionment was held in the Mayor's office yesterday. Comptroller Green, Mayor Wickham, Alderman Lewis and Commissioner Wheeler were present, It was understood that con- sideration of the final estimates for 1876 would be taken up; but action was postponed until the next session. A communication was received from the Department of Parks asking for an appropriation to build an aad!- tional bridge over the Harlem River. A resolution passed by the North Side Association in advocacy of the same project was also transmitted to the Board from the same source, The matter was laid over, Commissioner Porter sent in a request for the trans- fer of $7,000 to pay rolls of his department for the month of December. Action on salsries of Commissioners of Third Dis- trict Court House, which subject bas been up before this Board on several occasions, was also postponed, Comptroller Green was authorized to issue the fol- lowing:—Judgment bonds, $10,000; Croton Aqueduct stock, $25,000; Croton main stock, $50,000; Sewer Re- pair stock, $26,000; Park Improvement Fund stock, $20,000; Anmesiiant bonds, $60,000; Revenue bonds, 1,893 ‘The Comptroller handed in the following estimates of the general func for 1876:— Surplas revenues of sinking fund interest $1,000,000 Interest on taxes...... Interest on assessments. srEss orb EE os ‘Tapping water pipes..... Sewers and Drains—Permits. Department of Public Charities and Correction, Department of Public Parks. Record—Sale poe BeSa. SEEE58 88528852Ss2 w Pret les Of...... Commissioners—Public Administrator. County Clerk's feeS.........+-s+00++4s A Sales of old materials Department of Public Works, Docks and Fire Department... Department of Buiidings—Surveys, &c. Health Departmen! Railroad franchises: Sales indices, records, docum Commissioners of Jurors fines. Labor and Materials—Depart Works Add pro! Estimated total....... At the next meeting of for 1876 will probably be passed upon, MUNICIPAL INVESTIGATIONS. The Senate Investigating Committee continued its examination yesterday ‘at the Fitth Avenue Hotel, The principal work of the morning session was in reference to the Excise Bureau, Mr. James L. Stewart, President of the Board of Excise Commissioners, was called, and said that under the present law dealers in beers, wines and other liquors are placed in seven grades, the lowest paying $50 for licenses, and the highest grade, such as first class hotels, paying $250. In his opmion there should be only one grade, or at most two, During several years past the Commis- sioners haye F serleparee liquor sellers to pay instal- ments on eir licenses from time to time during the year; but tho system was objection- able from the fact that if the dealer could not do a profitable business he would sell out or leave his shop, and the balance due on his license would re- main unpaid, Therefore the Board of Commissioners abolished that system a month ago. He would like the law amended so that the licenses should be restricted to a certaim number, and that theso should be given to houses, not individuals, in order to hold both lord ana tenant responsible fer violations of the Excise law. In answer to further questions, President Stewart said that the receipts thus far during the year had been about $380,000—somewhat below the figures for the corresponding time last year, The Board employs nine inspectors, whose salaries range from $1,500 down to $750. The praroeriaton, for expenses this year was $47,500, and he thought that sufficient. ‘The number of applications for licenses im 1875 had deen 6,758. Excise Commissioner William H. Stiner supported the evidence and opinions of his associate, and made sevoral suggestions for amendments in the details of the Excise laws. A brief examination into the details of the manner of sales of property under writs of execution of forfeit- ure of bonds placed ex-Assistant District Attorney Hor- ace Russell before the committe In giving his testi- mony he said that the city should have some person at the execution sales to bid on the property. Witness was of the opinion that the entire expenses of the Dis trict Attorney’s office should be defrayed by the money thos made, Mr. Russell also suggested some changes in relation to criminal law, \eomiasaat! he case of assault with intent to do bodily harm, He said persons were often discharged because of the improper construction of the law, and thought the words ‘grievous assault” should pd substituted for “assault with intent to do bodily arm.’? ~ £. Pre ors se READY TO FIGHT FIRE. The Fire Commissioners have authorized a thorough overhauling of all the apparatus throughout the de- partment, with a view to having every steamer and truck in working order, now that cold weather has set in, They intend to be fully prepared in case of a large fire, District Engineer Orr of the Repair Yard ts fin- ishing up Steam Engine No, 18, Hook and Ladder No, 5 and the tender of Engine No. 6. A detailed force, of some twenty men, are going the rounds, inspecting hydrants, but notwithstanding the late cold snap, none of them have been found frozen. TAXATION OF CHURCH PROPERTY. A lively correspondence is in progress between cler- gymen of different denominations, especially Episco- palians and Methodists, throughout New Jersey, on the subject of the taxation of Church property, It is roposed to hold a conference of clergymen during the Brat week in January to discuss the situation, in order that the question may be brought to the attention of the Legislature An unmistakably strong feeling ex- {sts against the levying of taxes on houses dedicated to divino worship. New Brunswick is mentioned as the place where the conterence will probably take place. A MYSTERY EXPLAINED, ‘Tho Henan published, exclusively, on the 12th inst. the fact that important public papers had been stolen on thé 9th inst. from the office of District Attorney Phelps, and that a man named Henry A. Allen was then jying {n the Tombs charged with the larceny. Tho man had been arrested quietly and smuggled into tho Jail without the knowledge of any one except the Dis- trict Attorney, the detectives who made the arrest and one or two people at the Tombs who were almost sworn to secrecy. Mr. Phelps would give no informa- tion as to the character of tho papers stolen, and the accused, when interviewed in his cell by a Heratp re- porter, seemed almost frightened to death and declined tosay anything. It now appears that tho papers con- | sisted of @ requisition from Governor Tilden and the necessary extradition documonts froin the Secretary of State which had been procured by Mr. Phelps for the arrest in Canada of William J. Sharkey, who, two years ago, escaped from the Tombs, where be was awaiting execution for the murder of Robert Dunn. It seems that several weeks ago a police officer saw in the barroom of the St Lawrence Hall, at Montreal, a young man who acted In a sus- picious manner and who bore a striking resemblance to a photograph of Sharkey which was in possession of the officer, So much was the policeman imp ry with the likeness that he came to this city and informed the authorities. District Attorney Phelps engaged the services of Detectives Tilley and Heidelberg to make the arrest, and the stolen papers were procured to be put into their bands: They were not delayed more thon a day by u larceny, and proceeding to Montreal they co- operated with Detective Cullen, of that city. The man they sought was found with some difficulty, and proved to be, not Sharkey, but a professional thief and swin- dier whom the authorities there were glad to re their clutches pes Deteclive Tilley declares that if the Canadian thief and Sharkey were plac ide by side it would be almost impossible for ene not intimately acquainted with the latter to know one from the other. Allen was taken to Mr. Phelps’ office last evening, where he was admitted to bail in the sum of $500, Mr. Terence Lynch, of No. 79 University place, becoming his bondsman. It is believed the matter will now be allowed to drop, CUSTOM HOUSE NOTES. A Heap reporter asked Collector Arthur last even- ing at the Custom House what steps were being taken by him towards the punishment of Mason Hirsch, of Market street, Philadelphia, the umbrella importer who was detected last week in taking a false oath with ref. erence to his baggage, worth about $5,000, which was seized. Tho Collector referred the reporter to United States District Attorney Bliss, who has the matter, but the reporter was unable to seo that gentleman. This is the frat case of detected perjury respecting a passen- jor's e, * . No little stir occurred in the Custom House yester- day with reference to the customs seizure of the estab- lishment of A. De Grieef & Co., of Nos. 489 to 493 Broome street, Deputy Collector Phelps stated toa | Hena.p reporter that the appraisement of the under- valued trimming goods will ‘completed to-day, AN OLD FIREMAN HURT. Henry Lewis, ex-Assistant Engineer of the old Volun- teer Fire Department, who was run over, on last Sat arday evening, while crossing Broadway, by one of the Metropolitan Express wagons, ts lying in a very critical condition at his residence, with little hopes for bis re- covery. The physicians state that three of Mr, Lewis’ tibs were broken and probably four, and also raptared & blood vessel, Mr. Lewis is one ot the oldest firemen in this city and J at prosent connected with the a | department, re i ORK HERALD, WEDNESDAY, DEUKMBER 22, 1875-~TRLPLE SHEKT. A FAMOUS HUNTER'S DEATH. AN ENCOUNTER WITH 4 HUGE CATAMOUNT—THE BODIES OF HIS CONTESTANTS FOUND UNDER THE SNOW—THE SEARCH FOR THE MISSING MAN AND HIS COMPANIONS. Maxrisvitix, Pa, Dec. 21, 1875, James Bloom, his brother Joseph and Jackson Frailey, of this village, went out on Thursday last to hunt @ bear which had been seen on Welsh Mountain, four or five miles from Martinsville, They did not re- turn at night, as it was expected they would, but it was Supposed by their friends that the bear was giving them ® long chase, and the three men being experienced hunters and woodsmen, no uneasiness was felt as to the result of the bunt. All day Thursday passea, how- ever, without anything being scen or heard of the hunters, and a blinding snow storm having prevailed all day, accompanied by a heavy wind, a sense of uneasiness Ddegan to be felt in the village. Still 80 great was the confidence in the skill and foresight of the absent men no steps were taken that day to ascertain their whereabouts and situation, Thursday night turned of bitter cold, and Friday morning broke with the thermometer four de- grees below zero, and the wind increased to a gale. The hunters had not yet returned, and their friends and familics, now thoroughly alarmed for thoir satety, be gan active PREPARATIONS TO SEARCH forthem, Twenty strong and hardy men, working in the lumber woods, and river men, volunteered to scour’ the mountains and swamps in the direction the hunt. ers had taken, Equipped for the occasion they started at an early hour toward Welsh Mountain. This A REAL DUEL. —— THE CODE REVIVED IN EARNEST IN GEORGI— PISTOLS AT TWO PACES—CHARLES 4. TILLY MORTALLY WOUNDED BY HIS OPPONENT'S BALL—COOLNESS OF THE VICTIM. Avovsta, Ga, Dec. 17, 1875. Abloody duel took place near this city yesterday afternoon between two well known merchants, Charies D. Tilley and George E. Ratcliffe, the latter a native of Maryland and the former of Ireland, The quarrel orig nated in a vulgar remark made by a woman of the town about Tilley, which was repeated on the streets by Ratcliffe, and which some busybody, who should have had more discretion, carried to Tilley. He be came very much incensed and wrote a note to Rat cliffe, which was not strictly a challenge, but rather @ threat, Ratcliffe replied that he had simply repeated a remark he had heard some one else say, but refused to give his authority, concluding by stating that he did not understand the latter part of Tilley’s note, Upon the reception of this Tilley sent a peremptory demand for satisfaction, according to the rules laid down in the quelling code, naming J. W. Harris as his friend, Ratcliffe at once accepted and named W. H. Chew aa his second. This was on the léth inst. It was ar- ranged that the meeting should take place at day- light yesterday morning, at Sand Bar Ferry, on the South Carolina side, AN RPVORT AT PEACE. Hearing of the difficulty late in the afternoon, » board of honor, consisting of four prominent citizens, wag organized. The first step they took was to request Harris to withdraw the challenge temporarily, which was at once comphed with and agreed to by Chew. ‘They then heard the evidence as to the cause of qu lecided it was a matter they could not have any- ‘8 @ high, heavily wooded ridge, broken into deep ravines and rocks, peaks, and some five miles in length, separating Cawisketta and Rash River valleys. It abonnds in extensive laurel and hemlock swamps, some of ther inaccessible save to the wild animals that still infest the section. It was into this wild region that the three hunters went in search of the bear that had been seen, ‘The party of men who in turn went to seek the hun- ; ters, whom the circumstances plainly indicated had met with some catastrophe, started into the wood at the extreme northern end of the mountain, and sep- arated in pairs so as to take in the whole area of the ridge. The snow that bad fallen on Thursday covered tho ground on the level about six inches, but in every open spaco where tho the wind was not fended off there were drifts from two to four feet deep. The men marched in this way tor about a mile, occasionally firing a gun off, but receiving no response, At the end of the above distance their progress was interrupted by Little Tamarack Swamp, around whiclt they were forced to walk, going in cape site directions and meeting on the other side. No sign of the missing hanters was found about the swamp, and the party again separated in pairs. Two of th William Shearer and George Walker, went off oblique! down the face of @ rather steep encampment of the mountain, They reached the bottom of the hill near a small alder swamp, and were about to ascend again when their attention was called to a little mound of. snowa few rods ahead on the edge of the swamp, Going toward it they saw before reaching it tnat it wag THE BODY OF 4 MAN snowed under. Hurrying on to the spot they lifted up the body and were horrified to find it to be that of Jackson Frailey. From hia throat down his clothin, was torn almost completely off him, and his flesh ter- ribly lacerated.. The ground upon’ which he lay was covered with blood and he was dead. It was evident to the men that the wounds he had received were not the direct cause of his death, but that he had been over- come by loss of blood and the cold, from which he died. There being no sign of a struggle where the hunter was found it was conciuded thatbo had been hurt tn some other part of the woods, either in # hand- to-hand contest with a bear or a wild cat, which he had wounded while it was at bay, but failed to kill By the firing of guns others of the searching party were summoned, and three of them were sent back to the village with the body of the unfortunate hunter, and the search was continued, From the fact that no tracks leading in any direction could be found, it was plain that shiny must have received his wounds before the snow fell, and was probably trying to reach some place of shelter, A half a mile turther on was Frazer’s clearing, which he was no doubt endeavoring to reach. For more than a mile further on nothing was found iving the slightest indication of the spot where Frailey fad had ‘bis fatal contest or throwing the least light on the fate of his companions. Finally, however, the re- mains of a fire, but built before the snow, was found A little further on, but to the Jeft a quarter of a mile, ‘another of the party found a rifle standing up against & tree, Both barreis were empty. - It was identified by a brother-in-law of one of the lost hunters as Glan te A search was made ina circle among the laurels iad underbrush for some distance, and from a hollow, drifted two feet with snuw, was exhumed the body of AN IMMENSH CATAMOUNT, It was shot behind the left shoulder and had cuts about its head and astabon it made with a hunting knife near its heart. It was now clear that the men were at the sceue of Frailey’s encounter with the animal which had psoved to be a catamount. By scraping away the snow near where the rifle was found the Bunter's knife and other accoutrements were dis- covered. The knife was covered with blood, as was the ground several feet around. The only explanation that the men could give for the rifle standing up against the tree was that Frailey had probably discovered the animal in @ tree as be was passing along, ready to spring, and baa shot him. The catamount bad fallen’ to jthe ground and, ‘stunned by | the fall, lay if dead. The hunter, being one of the surest shots in the region, not for a moment doubting that he had shot the flerce brute in a vital spot, placed his rifle against the tree, and had stepped up to take a closer view of his game. While viewing it, and probably stooping to turn {t over, the catamount had revived, and, with the ferocity of its kind, sprang upon the hunter, In the contest that ensued the hunter re- ceived his terrible injuries, but succeeded in inflicting fatal wounds on the catamouwnt but it bad crawied away some distance before it died. The fate of Frailey being satisfactory revealed, the §BARCH FOR THR OTHERS ‘was again taken up, For hours the woods, ravines and swamps, as much as could be, were scoured by the faithful men, Once the track ofa huge bear was secn, coming out of a thicket on one side of an open space crossing the opening and disappearing in a dense swamp on the other aide. No tracks of bunters were anywhere around. An old cabin, recently occupied, with a fire still smouldering inside, and fresh tracks of two men about it, was found on the top of Hunt's Ravine about the middle of the afternoon, near the southern extremity of the ridge, A fresh trail of two men, walking side by side away from the cabin, was found leadiog toward Martinsville, This was fol- lowed by three of the party in hope that it might prove to bo thatof the Bloem brothers It continued ag direct as was possible toward the village. When the searching party had come to within two miles of Marunsville they met Joseph Bloem coming back. In a few words be told them that he had just come from the village, where he and his brother arrived an hour or so boiore. He said that they and Frailey had hunted all day Wednesday and had two shots at the bear, but having no dogs he finally eludea them 1m T: rack Swamp. They, therefore, made up their minds to stay over the next day and let Frailey go back to the village and get his dogs. He started ‘way for Lone Cabin about five o'clock, They remained at the cabin and it snowed so hard next day that they did not go out, and did not think it strange that Frailey did not return with the dogs. Frailey not coming back they concluded to go home and give up the chase. Of Frailey’s sad fate they heard first on a home. Bloem said that there was no load in Frailey’s buckshot barrel when he left, thero being something the matter with the tube, which ex- plains why both barrels of the gun were empty when it was found. Frailey was a brother-in-law of the Bloems, and leaves a wife and nine children, in com- fortable circu: ces, Ho was buried on Saturday. Fraley was a famous hunter and was known through- out the State as the ‘Deer Slayer” and the ‘Nimrod of the Conewago.”’ A few days before his death he stated that he had killed in his life over 2,000 deer, 200 bea 20 catamounts, 3 panthers and numberiess wolves and foxes, In his tenth year he killed one bear and six deer. His experience in the woods embraced many hand-to-hand contests with bears and wounded bucks, from all of which he came out victorious, and his body ‘was covered with scars, the result of these battles. Hoe was only forty years of age, but had followed the calling of hunter and trapper for thirty yeara, MORE MASKED PIRATES. Shortly after two o'clock Yesterday morning tnree men, with handkerchiefs tied over their faces, boarded the brig J. H. Kennedy, lying at the wharf between Thirty-ninth and Fortieth streets, East River, and pro- ceeded to rifle the vessel. They frst broke open the gailey, but not finding any valuables there went to the cabin, where the mate, Dayid Martin, and a colored seaman named Thomas ¥/,llen were sleeping. With cocked revolvers at the bi of each of these men he the thieves, bor ey searched the colored seaman, and took from them $8 in money, a silver watch, 6, and an overcoat, worth ‘Two of the outlaws then stayed by Martin and Mullen, while the third broke open the captain’s trank and took therefrom whatever of valine it contained. ‘After this the robbers bade their victims a very polite adieu and departed, leaving behind no trace that ean lead to their identification, HIGHWAY ROBBERY. —_— While Corporation Counsel Noble, of Long Istand City, was walking along Jackson avenue, Hunters Point, about eight o'clock Monday night, he beard the cries of “murder,” “police,” Following the direction of the ertes he found a man lying near tho old farm house, who stared that he was accosted by three men, one of whom struck him with some blant instrument which felled him to the ground, While in this cond} tion he was robbed of §23 in money and a gold watch and chain. After obtaitiing their booty the highway- men fled across the fields and made their escape, The man was brought to the station house, his clothing caturmod with blood from a deep scalp wound on u ght side of his head. Hoe gave his name as Robert ewlitt of Dutch Killa No arrests have been made, Friday morning they went out and hunted some, and | further to do with, and adjourned From meeting the rumor went around town that tho whole affair had been amicably arranged and that no meeting would take place. MRETING OP THE SECONDS. Promptly upon the dissolution of the Board the challenge was renewed, and the seconds met for the Purpose of arranging the details of the ducl. It waa orem that the weapons should be six-inch Colt’s navy pistols, distance two paces, and that only one shot each should be allowed, the principals to shoot at the words, “Firel Qne, two, stop!” LEAVING THE CITY. Sand Bar Ferry is ‘our ‘miles down Caroline avenue, which is the most beautiful drive around the city, At one o’clock, or thereabouts, the whole party, consisting of about twenty persons, left the city and rapidly drove down the road to the designated rendezvous. Crossing the Savannah River and ascending a steep hill they re- paired to an old fleld beyond, the scene of twenty duels. in years gone by. ~ Arriving on the ground, the seconds tossed up for the word and choice of position. Tilley’s second won, The principals were then conducted to their position: faciag each other at the short space of only two steps— near enough for either to see the wink of the other’s eye. They were both dressed in black, with coats but- toned to the throat. Tilley was smoking a cigarette, Ratcliffe saw a small pebble in front of bis foot, which he kicked to one side, They both were as cool as if nothing at all important was on hand. The spectators, arranged on cither side, stood in breathless silence, watching every movement of the four men engaged immediately in the dreadful business of preparation for death, ‘THR ENCOUNTER, ‘When all were ready the pistols were handed to the principals by their seconds. Mr, Harris then sai “Gentlemen, are you ready?” “Ready,” respondei Ratcliffe, but if ‘Tilley responded ‘it was not heard. ’ "Fire! One, two, stop!? As he. pro- nounced the word’ “Fire! both pistols were raised and discharged so nearly at the same time, tnat only one report was heard. When the sound had died away Ratcliffe and Tilley stood motionless, looking each other in the face. For a moment it was supposed that both had missed. Harris walked up to Tilley and found him wounded, He at once demanded another fire, which was refused by his second. Chew, upon learning of the wound, walked up and cordially shook Tilley by the hand, expressing regret that he was hurt. TILLBY'S WOUND. Tilley se weaker from the loss of blood, and was placed in his carriage and brought back to town, ‘The ball from Ratcliffe’s pistol entered the right groin of his opponent and lodged against the left side, from whence it was extracted by Dr. Ford. It is thougnt that it passed through his intestines. At th hour of closing this letter he ts reported to be rapidly sinking, with no hopes ot recover} G@ L. FOX, THE COMEDIAN. EXAMINATION AS TO HIS SANITY—HE IS AD- JUDGED 4 LUNATIC, WITH NO HOPE OF RE~ COVERY. In the speedy advent of that happiest period of the year, tho Christmas season, it will be sau intelligence to the thousands of young folks who have considered George L. Fox, the great pantomimist, almost as much @ feature of our metropolitan holiday festivities as Santa Claus himself, to learn that this prince of fun, this em- bodiment of mirth and jollity, is incapacitated from farther acting on the stage, of which® he has so long been « shining ornament. A few weeks since, while Mr. Fox was playing an engagement at Booth’s Thea- tre, he gave indications of mental derangement, which excited the painful apprehension of his friends both in and out of the profession. There soon after appeared an announcement of his continement in a lunatic asylum. An examination, required by law, has just been had before @ sheriffs jury to settle the question of the great player's sanity. Mr Fox bad been sent, it ap- Pied to the McLean Insane Asylum, near ton, Previous to entering on the investigation a letter was addressed to Dr. Jelly, Superintendent of that institu- tion, asking whether it was proper to bring Mr. Fox be- fore the jury, and if not, requesting a brief diagnosis of his case. The following is ‘tract from his reply “Mr, Fox imagines himse! 'y wealthy and that he has extraordinary abilities of mind and body, while at the same time he ts much broken, both mentally and physically, He is very excitable at times, and could oniy be disturbed and injured by being present in court at the execution of the commission, nor ts he able to appreciate the proreodings or realize the sitvation, I think to bring him on might hasten the progress of the disease, but would afford ali facility to have him exam- ined here.” The examination proceeded notwithstanding the non-production of Mr. Fox, and was conducted by Messra. Davis and Whitehead on behalf of Mrs. Fox. Among the witnesses called was Dr. William A. Ham- mond. tated that he had examined Mr. Fox very carefully; that he ts afflicted with that form of insanity known a8 general paralysis; that he is incapable of taking care of himself, and that bis recovery ts not robable, Mr. Hogan, one of the prompters at Booth’s ‘heatre, statea that when Mr. Fox last appeared there he was unable to keep himself in his part, — con- stantly desirous of addressing the audience, and that being restrained, he would tear his clothes. Among the other witnesses called was Mrs. Fox, his wife, who testified that he wasentirely unmanageable, and was addicted to purchasing articles which he not only did not need but was unable to pay for, A verdict waa unanimously given declaring Mr. Fox alunatic, and the proper commitment was therefore made to this effect, The next step will be the appoint- ment of a committee of his person and estate. Mr. Fox leaves bis wife child, a daughter seven years of age, alm entirely destitute. It is hoped that the generous public of this city, al 8 so kindly appreciative ot those who have contribu their en joyment, will not, ‘in the midst of thoir holiday festivi- ties, forgot the debt of pleasure they owe to the pan- tomimist, whose real life has become a bitter tragedy, or fail to remember those whom his misfortune has left helpless. JOY AMONG THE CUBANS. peo ‘There was no little rejoicing in Cuban circles in this city yesterday with reference to the resignation of Cap- tain Genoral"Yalmaseda, Tho Cubans state that this change of rulers is clear evidence of the impotency of | the Spaniards to cope with the “Mambesi” in Cul 1@ that Valmaseda’s boast of coal ‘ing ou e revolution amounts to nothing at all The Cubans are very hopeful also of a “good yellow fever crop” among the recently arrived Spanish soldiers in Cuba, > THE GOODWIN PARRICIDE, Among the indictments found by the Grand Jury, ‘whose labors have just come toa close in Jersey City, wie one against James and Tho! Goodwin for the alleged murder of their father, an old man who lived in Rail- road avenue, Jersey City, They wero arraigned yester- day and they pleaded not fity, and asked that th Court assign counsel to defend them. The trial was down for the 3d of January. Tho chiet witnesses in the case are the wife, daughter and one son of the de- A STRANGE ACCIDENT. On Monday attgrnoon Mr. Alesbrook, the owner of a fine farm near Paterson, N. J., went to the meadows near Rutherfard Park for @ load of salt hay. After loading the wagon Mr. Alesbrook was fastening down the boom when the rod broke, and springing up sud- denly threw him off the load. His head struck on the foe and he was killed instantly, his skull being crushed and his neck broken. His son-in-law, John O’Brien, was thrown off at the same ti ‘but was only slightly ane " Penny A aman Afty years aA 0 pl que, was @ member famous Grenadiers of tovion.” OFF THE TRACK. ——— Yesterday morning, at nine o’clock, as an express train of tho Delaware, Lackawanna and Western Rail- road, Morris and Resex division, was nearing Hoboken, from some unknown reason the train got off the track ‘and went crashing {nto ® number of coal cars. Forta- tely the train had diminished its speed when the ac- cident happened. A few bruises occurred, but ne one was seriously hurt, The locomotive and several cara Werg considerably injured,