The New York Herald Newspaper, December 24, 1875, Page 8

_—— THE COURTS. ‘Raking Up the Dead Ashes of Official Advertising. A VERDICT FOR THE cITy. A Curious Will and How It Came To Be Made. The Bleecker Street Railroad Re- ceivership. On behalf of the city a complaint was made charging Benjamin Wood with having received $6,222 in oxcess of what he was entitled to for city advertising pub- lished prior to April, 1872, in the Datly News. It was get forth in the complaint that this over payment was Shrough charges for advertising which was never pub- lished, the correctness of the bill at the time, however, having been vouched for in the ordinary way Suit was accordingly brought against.Mr. Wood to recover the sum stated, and the case came to trial yesterday before Judge Donohue, holding Supreme Court, Circuit, Tho Gefence was that all the advertisements charged for ‘were published in some one edition of the paper, and What it was not supposed that there was any obligation to publish them in all tho editions. It was conceded, howover, that abstracts were ovcasionally made of the ™attor sent for publication. The only witness called for the prosecution was Mr. Angell, who stated that be had examined the files of the Daily News, and the city advertising charged for in the bill in settlement of which the alleged excess was paid, and that the amount overcharged was tho sum stated in the complaint, It was stated that a sabpena had been issued direct- ing the production of the files for 1872, but that they wore not forthcoming. For the defence the first witness called was Comp- troller Green, who failed to answer. Judgo Donohue Btated that Mr. Green had been pre-eut, and that the ofenco then had an opportunity to call him. Judge Donohue gave a brief but pointed charge. He foe that when plaintiffs rested at twelve o'clock, de- nce asked for an adjournment to produce Mr. Wood. fn an hour and a half the (1 Recessary to produce Mr. L. be expected as the first witness for the detence. ing changed, and it seemed neh, who would naturally A @elay was made for him, and afier time was wasted | Mr. Green came in. Thon thay were told the defence ‘would not examiue him until they got ready. ‘They re- fused to examine Mr, Green or take an attachment inst Mr. Lynch. The claim was for $6,230 40, with $1,350 interest, which plaints say fendaut received On hisaflidavit and vouchers, but that he never published Bhe matter. It was in the power of the defendant to roduce his files, and it was for the yary to say whethor ¢ should not produce his proofs of publication. The city had given evidence. Thoy looked for proof of publication and could not flud 16, After about five minutes the jury found for the plain- tiffe in $7,681 17, being the fuil amount claimed, with finterost, 'A stay of thirty days was granted, in ‘order to carry the case up on appeal, SETTING ASIDE A WILL. ) Surrogate Hutchings yesterday rendered a decision fn the matter of the probate of the reported last will | end testament of Ann Eliza Baker, deceased, and which ‘was contested by two of her nicces. The decedent, Ann Eliza Baker, was a widow of about forty years of age ‘at the date of her death, which occurred on the 2d day of December, 1874. She left no children, and her near. est of kin are two nieces, Adolaide Decker and Mary Eliza Haws, Tho paper propounded as her will w executed on the 2d of November, one month previous to her death, by which an estate, valued at about Fagor Was disposed of. Anaunt, Mrs. Mary lf Haws, given certain articles of personal property of i @onsiderable value, Mrs. Catharine V. Searles, the wife the principal legatee and the proponont of the will, . Wellington B. Searles, was given a sisk dress and itures bor bicee, Mery k. Haws, $10 and och of ‘ber clothing as her executor (Dr. Searies) thought she could make use of; her niece, Adelaide Decker, $10; Thoodore F. Sparks, Annio 'K. Hawa, | Wellington B. Searles, Jr., and Harry R. Searies (the Yast two infant sons of the proponent), the proceeds of @ policy of insurance (said to be $2,000), share and share ike, and to Dr. Searles, whom she nominated aa sole @xecutor, the residue of ner property, Which is valued at about $5,000, The of the instrament was contested on bebalf of e two nieces, who wore practically cut off any participation im the divisien of their aunt's estate, while Dr. Searles and bis family, besween whom and the decedent there was no relation of blood, are a Dine-tenths of the estate, leaving a tonth to be ded between Annie E. Haws, a cousin, and Theo @ore F. Sparks, an acquaintance. Tho grounds upon which the contest was basod wore an alleged waat of Sestamestary capacity and fraud, cvercion and und: uence In the procurement of its oxecution. The ent belonger, to a highly respectable family in the city of New York, and was @ person of educa- ion and refinement; but, unfortunately, she had, sev- oral years before her death, acquired a thirst for in- Yoxicating liquors, which ‘grew upon her to such fAnextent that sho was often ina state of complete @rupkenness at home, and was sinetimes seen tn a de- Jorabic condition of ntoxication in the pablic streets. ¢ had been a consiant source of anxiety to her qnother, who by careful oversight was able, in some de- ree, to provent ber from gratitying ber abnormal iret; but the mother’s death in May, 1874, left her the with ‘scarcely any rostraint whatever, By mother’s will Dr. Searles, who bad bee two or three years her altending phys @ chronic and tncurable malady, was appointed her executor. For two months her daughter, the dece- dent, remaine@an oceupant @feher mother’s late reai- fence, whore a distant relative, a respectable elderly lady, Mrs. Ostrom, remained with her until the lst day of July, when she loft to take up ber residence with Dr. Searles, The restraint which Dr. Searles assumed to exercise created im the decedent mingled dishke for nd fear of him, and was so great that it was with Be reluctance she consented to.become an ininate of is house, and thenceforward she waa practicaily under 8 guardianship until her death, on the 2d of Decem r. The evidence shows that her habits of infoxica- tion continued thereafter. wus powerless Wo resist the appetite, and almost ys returned in @ stale of gross intoxication, and whilo within the house, though she had less opportunities for lumdulgence than before, the eviden shows that even there she was continuously under the Influence of liquor, and two Wilnesses, Miss Bowne and Miss Annic& Haws, her cousins, stated that sho was fn this coudition on the 2¢ day of November, the date Bpon which the paper offered as her will is aileged to have been executed, Ta concluding his decision Surrogate Hutchings gays:—''The case, a4 presented upon the eyidence, ox- Dibits features which satis’y me that the dbcedent did ia tho execution of the instrument offered, act With that freedora necessary to constitute it her will, nd that, in bequeathing nearly all of ber estate to Dr, Searles and his family, she was moved by senti- monts of {oar caused by mental weakness and bodily Jsease. And the presiimption of undue fnfluence on part of Dr. Searlos ig still further increased by the circumstances attending the execution of the tnstru ment. It waa in the absence of the decedent's friends, while she was sick in bed, within a month of ber death, on the ovening of a day when two credible witnesses state they had geen her under the influence of liquor, with no one present but Dr, Searlos, the principal ben @ficiary, his wife and the two subscribing witnesses— porsonal friends of his of many years’ standing—neither of whom had apy acquaintance with the de \t more than would br ained in one of two casual amecetings in Dr, Searles’ parlors; and furthermore, the xXecution of the instrument was superintended by Dr. jearles himself. But admitting the due execution of the instrument the case presents the bald features of a woman who for years had been a drunkard; who was possessed naturally of a weak mind rendered still weaker by continued intemperance, which had also ‘cansed serious bodily illness; who for six months was ‘under the daily owre of a modicai attendant, four months of which sbe was av !nmate of his house, he being also : ¢ tho executor of ber mother’s will and holding control of her means; and who, within @ month of ber death, executed a testa- entary paper, drawn by the person who bad thus had ch opportunities of acquiring dominion over her, in Which se bequeathed to bim and bis family pine-tentha of her estate, though allens to her biood, and excluded from her benefaction her nearest relatives, two young Rieces, for whom sho had expressed affection, and gavo & cousin, with whom she had been upon’ terms of futimacy, but a small fraction of hor estate. ares of the case I would not usted in admitting the will o probate as the will of the devedent, and it must therefore Le rejected.” THE BLEECKER STREET RAILROAD. ‘The order appointing Mr. Alvin §. Southworth Re. ceiver of tho Bleecker Street Railroad was signed Yesterday vy Judgo Davis, of the Supreme Court, This order covers several pages of closely written foolscap, fad covers ail tho points usually embodied in the «p- intment of receivors of railroad corporations, Pro ia made for jn the ordor, In tho first place, for fhe consolidation of the euits, and after this follows tee usual difections to transfer to Mr. Southworth all 0 books, papers aud accounts of the com. with ail the property ot the compan: continue {o run the road, all the laborers, to ‘pros. ta, and to a & full account of all receipts and disbursements. Provigton is also ‘made for payment of fntercst on bond: ule aod for at turther pec the Court. A y feature | irecting payment of the laborers the Wages due them for @ month provious to the fling of tho order, but vo pay the officers of tho road nothing wi , « Mr. Sontuworth will fle bi hand. on which will be dary ordors validity | ‘money, pleaded not guilty. William F. Brown pleaded | | hable to duty, being ubmanufactured burr stones; never- | cont, Tho case involved only the sam of § NEW YORK HERALD, FRIDAY, DECEMBER 24, @1875 sareties wa vo-day, and after that ae Sora oad South to this respomatble pomien i el DECISIONS, SUPREME CO! By Judge Davia. Smith ve, Weight.—The rebatting aMdavits are not receivable. Leave is given to the moving party to withdraw the motion, with leave to renew it on the usual notice on due service of such papersas be may be advises Carpenter ys. Carpenter.—The proof of service on do- fendant was not in compliance with the rules. It 1s not suicient proof of the ideutity of defendant, The case must be sont back to the referee, with instructions to take proofs on the subject of service by examining the person who served the summons and compuint, and it is ordored that (he referee summon the defendant be fore him and examine her as to whether such service was in fact made, Knapp v6. Bonestecl.—Motion denied, without costs Memoranda, By Judge Brady. Miner vs, Crofutt,—Motion denied. Fox ys, Fox, Graham ys. Graham, Moore vs. Moore. — Reports of referees confirmed, and decrees of divorce granted. De Groff va. Smith, —Plaintiff to appear. Same vs. Same.—Motion denied, but with liberty to renew. Memorandum, Julian vs. Cushing; McCulloch vs. Porter; Stewart vs. Overbaugh ; Pool vs. Garrett. —Granted, London, New York and Hartford Publishing Com- pany vs. Gatling. —Motion denied, on condition that plaintiffs put cause on calendar for 1 and pay $10 costs of motion jn ten days. Haden vs. Schweinsberg.—Motion dented. Justice Donohue has passed upou the costs, and the remedy 1s by appeal. Eaton va. Katoo.—Motion granted. Alimony $10 per week ; counsel foc, $50. Thurber vs. O'Neil, —Motion granted, Cause put oa ond Friday of January, 1876. _ Driscoll vs, Vandergaw.—Memorandum. Olena vs Bion, —Motion dented, Memorandum, Pugh vs. Hurtt. Memorandum. Whilcburch vs. Gitengoe—Ceaep for receiver, By Judge Barrett, Mott, &G, ve, Mott. —Opiion. “ By Judge Lawrence, Whittemore va, Burdett et al. Granted, SUPREME COURT—SPECIAL TERM. By Judge Van Brunt. Kentys, The Quicksilver Mining Company.—Findings signed, SUPERIOR COUBT—SPECIAL TERM. By Judgo Sedgwiek. al. vs, The Baxter Steam Ganalboat Trans- Motion granted on payment of Handren portati $10 co: to defen ih Joynson ys, Richards et al.—See memorandum for counsel. COMMON PLEAS—SPECIAL TERM. By Judge Robinson, vs. Tomfinyor.—Complaint dismissed, with pinion, SUMMARY OF LAW CASES. Judge Van Hoesen, the newly elected Judge of the Court of Common Pleas, was yesterday sworn into office by Chief Justice Daly. General Banks sat some time yesterday on the bench | with Judge Lawrence, holding Supreme Court, Cireuit, He watched the proceedings evidently with considera- ble interest, In tho case of Samuel H. Millard, in the United States Circuit Court, criminal branch, charged with having about 4,000 smuggled cigars in his possession, the jury, after being aut about two hours, reported that it would be impossible tor them to agree, and were accordingly discharged. They stood eleven’ for acquittal and ono for conviction. In the matter of the suit of Lucas Hendrik Weltgen against the St Paul and Pacific Railroad Company, the particulars of which have been frequently publianed in the Hanaup, Judge y, in Supreme Gourt, Cham- hers, gave aa order yesterday. by consent und’ on ap- Plisation of plaintif, that a commixsion issue to Mr. Sharlos Weller, Uuited States Consul at Amsterdam, and 5. J, Hory'Vandel Staai, of the same city, to ex: amine T. C. J, Pollones and William Jacobson, of sald city, on behalf of the plainuift. Application was made yesterday to Judge Brady, in Supreme Conrt, Chambors, to admit to batl William J. Kol, under indictment on a charge of forging railroad | bonds. The application was denied on the ground that the indictment having boen found in the Court of Gen- eral Sessions, which is now sitting, it should have been mado in that court, The O'Gorman-Kamak suit, the facts of which were fully published in yesterday's Henan, being tried be- fore Judge Larremore in the Court of Common Pleas, was temporarily suspended at recess yoster One of the coungel has failed, it appears, vo receive tho fee to which ho thinks he is eutitiod, and, in consequence, refuses to proceed further in Uhe ease until the matter Ap seerelactortly acti dated. ‘Tho case was adjourned until this morning, ponding thts sajustmeus. ‘The indictinents found thus far by the present Grand Jury wore called yesterday in the United States Cireuit Schell, costs. Court, and the secused arraigned to plead. Elizabeth DeMolt and ber daughter, Kila Kenney, charged with making and passing counterfeit nicl pleaded not Bernard Quinn and aling in counterfeit guilty and will be (ried to d James Russell, chargod with not guilty to the fourth count of the indictment charg- ing Nim with stealing @ letter from the Post Office, and was remanded for soptenoe. In the case of Lowis Levingon against the White Star Steamship Company to recover $10,000 for tho alleged | loss of property and permanent injuries received at the time of the loss of the steamship Atlantic, two years ago last Murch, by mutual consent yseterday, in tho United States Circuit Court, a jaror was withdrawn, and the proceedings for a tino brought to a close. Thé case now resis. as if it bad never been called The Court was then adjaurned until January 11, 1876. In the matter of Samuel Carey against Collector Arthur, in the United States Circuit ‘ourt, another test case as to the duties on imported goods, the jury, by direction of Judge Shipman, rendered a verdict tor the defendant. The plaintiff is'an importer of partially completed millstones, and claimed that they wero not theless he was obliged to pay a duty of twenty per , tho other suits bringing up the total (o $6,000, COURT OF GENERAL SESSIONS. Before Judge Sutherland, FOUR YEARS IN STATE PRISON FOR ARSON. There was but one case tried in the Court of Gen- | tp an address, in which he denounced the® crime for When without the house | oral Sessions yesterday—that of Morris W. Goldstein, charged with arson. Tho case was opened on the pre- vious afternoou by Assistant District Attorney Herring which the accused was about to be tried a3 one of tho most heinous which could bo perpetrated, The in- dictment under which tho prisoner was tried chargod bim with having, on the evoning of the 29th of August last, set fire to bis jobbing tailor shop on the first floor of the three story frame house No, 153 Varrick sireet, for the purpose of defrauding the Amity insurance Company, by which the property was insured. Mra, Catherine Whitman testified that she and ber childron occupiod tho top floor of tho house, and that on the night in question she was looking from her window when sbe saw Goldstem and his wife and child leave the house. About twenty minutes later sho found bor apartments filled with smoke, which was issuing from the shop of tho tailor. Several citizens and fire ollicials soon collected in front of the house, the door of the shop was Lurst open and a heap of cloth, paper and osber material was found burning upon a’ table on one side of the room. It was extin guished without injury to the building. James K Grennan, of the Fire Matrol; Robert King, chief of the Third babtalion of the Fire Department, ard Charles F. | Hill, Assistant Fire Marshal, all of whom entered the burping promises almost simultaneously, staved that they found a fire on the table directly under a rack on which cloths were spread and that in a drawer of the same tablo they found Ore in two dist‘net spots sepa- rated by a mass of trimmings and otbor articles equally | inflammable, It was shown that the accused had re- moved from Hudéon street one mooth before the bura- ing; that be was insured in the Amity Insurance | Company for $1,250, and that ufter ‘the fire he had claimed 201 40' from that corporation to cover tho loss he bad custained, Fire Marsnal Sheldon, sus- pecting that something was wrong, had all the scraps of cloth left in the premises carefully preserved and the yalue of tho articles they represented appraised by | Samuel W. Cohn, an expert tp cloths, The estimate of loss arrived at \n this way was much lower than that claimed by the accused Louls Levi, “sexton” of a Hebrew lodge. of some kind to which the accased be- longed, and David Josepha, Ila presiding officer, testt- fied that Goldastoln had attended a meeting of tho aaso ciation on the night of the Oro, and was called away by a messenger, who came to inform bim of the burning of ils premiaes, Abram Bleistift, liquor dealer, of No. 88 Essex stroct, and Morris Orbach, of No. 47 Orchard street, ‘‘a manufacturer of buttonholes,” testified to | the good character of the accused, The jury tound the prisoner guilty, Ju Sutherland sont bim to the tute Prison for four yoars, A DECISION BET ASIDE. William Bens, who, on Wednesday, In the absence of counsel, pleaded guilty to burglary and was sentenced to State Prison for four yeara, appealed through his counsel yoster . to have the decision sot aside ang | the case reopened on the ground that the prisonor did not understand bis position when be pleaded. The re- quest was granted. SRWELRY THIEF SENTENCED. Jogeph Wonsler pleaded guilty to haying, on the 24th of November, entered the premises of Henrtotta Reitz, at No, 686 Bixth street, and stolen therefrom two gol tings, @ pair of gold ‘oarrings, a silver watch a $20 40 in money. He was seat to State Prieon for two yours, ph bh WASHINGTON PLACH POLICH COURT, Before Judge Duffy. SHOPLIFTING Margaret Morris was hold in $300 to answer for stealing stockings, valued at $2 20, from Ehricb’s store, No, 287 Righth avenue Agnos Skit was hold tm $300 for Pogo book and socktie from the sam: “sages Bridgot Ryan wag atso held in 6300 for a similar offence at the same placa, — Bovort Barria wax hold \n £290 for stalling ping dolie, | Larremore.—Case on—No. 1978, No day calendar, Part valued at §1 4, (POH Louisa Siiydof, Of'No, 40i wratn M for stable's store, corner way and Nt th cheatin a thane 25, from Hew yen Coun or No. dod Bleecker street. wi BURGLARY IN TWENTY-FIRST STREET. On Monday ovening Detective Cain, of the Sixteenth precinct, saw Goorge Crawford, of No, 159 Sixth avenue, Griving a track at @ late hour containing one case of champagne. The man did not givo the dotective any satisfactory answers, and he was arrested. His story was that he had been employed at a wholesale liquor store, No. 444 Broadway, but on invostigation na such place was found. He caine up before Judge Dufly yes- | terday to be discharged, but at the same moment an owner for the case of wine came into court. He gave | his name as Spencer Smith, of No. 309 West Twentieth street, and sald that ho had ixteen cases of the wine second street. During Monday night the urglariously entered and one case stolen. He Identified the case recovered by OMicer Cain, and the prisoner was held in $1,000 to answer. THE EXCISE LAW. The following parties gave $100 bail oach for viola- tion of the Exciso law:——Victor Bramson, of No, 112 West Thirty-first street, and Jokn Franz, No, 112 West ‘Twenty-third street, THE THIRD AVENUE SAVINGS BANK. The examination into the charge preferred against | the officers of the Third Avenue Savings Bank, which was to havo taken place yesterday before Judge Dafy, was, on application of counsel, owing to the absenco of some material witnesses, further adjourned to Monday next at Yorkville Police Court, TRANSPER OF SERGEANTS. Yestorday Sergeant Berghold, late of the Seventeonth precinet, was installed as Sergeant of the Second Dis- trict Police Court, in place of Sergeant James, removed to the Twenty-first precinct. The Court attachés bid Sergeant James an affectionate adien. Sergeant James was two years at Easex Market and nearly threo yoars at Jefferson Market Court, POLICE COURT NOTES. At the Washington Place Police Court William Walters was held in $300 to answer for stealing 1,300 , bundles of wood, valued at $16 25, from Henry Botker, of Hudson street. William Gillmor, of Bighth avonue and Twenty- | seventh street, was hell in $500 to answer for bur- glariously entering the store No, 558 West Thirty-third street, owned by John Ressing, and stealing a keroseno lamp and a haudsaw, Thomas Scott was held in $300 to answer for stealing gi and i id chain from Mrs, Aunie B. Evans, of No. 36 West Forty-first strect, Frank Devere was held in $1,000 bail for stealing a robe, worth $40, from the carrlage of Charity Gom- missioner Brennan, Frank Sau'tr was held in $500 bail for stealing $5 from Carrie Kofman, of No, 20 Clinton street. Yesterday a man, giving the name of Thomas Smith, called upon Philip Ottman, No, 81 Fulton street, and presented a note, purporting to bo signed by Hawk & Wetherby, merchants, and youching for the fact statod thorein, that Smith was soliciting aims for tho faintly of a deceased butcher, Mr. Ottman, perceiving that the signatare was false, had Smith arrested, He proved to bo an impostor, Justice Bixby yesterday, at the Tombs, held him for trial for attempting to defraud, COURT CALENDARS—THIS DAY, Scrremx Court—Cuampers—Held by Judge Brady. — Nos. 3, 26, 50, 77, $4, 119, 120, 141, 167, 270, 275, ‘Twkm—Held’ by Judge No day calendar, KREUK COURT—SPECIAL Barrett. —Case on—No, 401, Surreae Count—Gexerat Term.—Adjourned until December 31. Sorrem« Court—Crrcuir—Part 1—Held by Judge | Donohue. —Short 37 SOT 3b causes—Nos. 3505, 1879, 4007, 3837, 8515, 3697, 639, 8963, 4015, 3295, 1736, " 2931", 3615,'2697, 8659, 8391) 3379, 3959, 3401, 3605, 2 4 vy Judge Van Vorst.—Short es—Nos. 3990, 3010, 8326, 2 8424, 3926, 8048, 3248, 3654, 3504, 3072, 3264, 2484, 3772. Part 3—Held by Juage Lavirence.—Nos. 3260, 1247, 3630, 2589, Sursnior Covrt—TriaL Term—Part 1—Held by Judge Speir.—Caso on—No. 855. No day calendar, Part 2—Held by Judge Freedman.—Short causes— Nos. 1793, 1334, 1694, 1 Common Piwas—EqQuity Brunt.—No. & Commox PL#AS—TriaL Team—Part 1—Hela by Judge | + 58, 1987, 3697 “Tena—ieid by Judge Van —Adjourned for tho term. Marie Court—Triat Term—Parts 1 and 2.—Ad- journod for the term, Part 3—Held by Judge Spauld- ing. Same calendar aa was published yosterday. URT OF UENERAL Skssions—Held by Judge Suther- land.—Tha People vs. Fraucis ¥. Marshall, arson; Same vs. Gharlos Bovich and James Kavaney, burglary; Same vs Jobn Manning, petit larceny; Same vs. Lyman A. Bullard, violation of the gambling laws. BOWEN-EAGLE LIBEL SUIT. The suit brought by Henry GC. Bowen against the Eagle was concluded yesterday in the Brooklyn City | Court, before Judge Reynolds, The court was crowded | as upon the preceding days The counsel for the plaln- tif offered in evidence a copy of the defendant's paper of December 21, coutaining a republication of the ob- | Jectionavlo Captain Kidd articla Objection was made | to its introduction by Mr. Beach, and, after some argu- | ment, the Court excluded It Counsellor De Witt | asked that the name of Thomas Kinsella be stricken | ' | out as co-defendant in tho case, as personally he had nothing to do with the writing or publication of the article. A special verdict could not ve found against | bim individually, Tho Court hold, however, that Mr, McLean's ovidence showed that Kinsella had been con- sulted in rogard to the article. The motion to strike out Kinsella’s name was denied. Mr. Beach Im summing up for the defence asked “What priuciple of our government, what conduct of | our public men, what teacher of our secial system what power, !sexempt from the comtuents of tho press It is not only the Instructor, it 18 practically the gov- ernment of the country. No policy can be inaugurated at Washington without being subjected to the criticnsm of the press, and by it to the consciences of the people, and policy succeeds or fails as the newspapers support or condemn it. Tho public voice follows the lead of the press, and the puble mind is toried and diverted by its counsels, One of its duties is to tell the news of the world, and then in the editorial columns to draw inferences which lead to instruction in government, in business and in morals, Think whata vast number of agents must be employed. It is a mattor of umpossi- billty among so many (o keep out of all errors, HERALD ENTERPRISE, Newspapers are competitors, and newspapers aro mortal, and have fallible men in their management, ‘They are moved and animated by tho same impulses, ambitions and passions as you and I. They are every day, through their own efforts in thoir editions, through their agents and runners, through that moat ditiizent | and accomplished corps of reporters, who are circulating day and night, gathering news in the community. Bvory avenue ofeffort and activity is explored by those entiemen, Well, they are etruggling for business, | hey are siruggling for position, thoy are struggling for woalth, they are struggling for influence. You may , take two of the prominent presses of the city of New York, or of any other great locality, and from your own observation and knowiedge you will see how sirenvous- ly, how diligently, how liberally theso offorts are made. fhe New York Henaio bas earned a reputation world wide for its enterpriso Not satisfied with the ordinary avenues of success in newspaper pablica- tion, with a most distinguished berality it has sens its means of exploration in the path of history and scienco to the remote and obscure corners of the carth. Why did it? Not entirely as a matter of philanthropy, not entirety tn the parsuit of its own learned or scientific | Instincts, but to advance its character and reputation connected with the worthy purpose by bestowing what it was richly ablo to bestow—the benofits and advan tages of its efforts upon the world, Well, this compe- | tition gometimes leads the newspaper press into less laudable pursuits and efforts, The speaker then referred to newspaper aspert ties, ‘The alleged libel agalost Mr. Bowen had been published by two other papers and the plaintiff had re- tained quiet. There was such a company as the Kidd Salvage Company. The Sun had stated that Mr. Bowen was tho projector of tho company, aud that | gentieman had left that undenied fortwo years. It | was not a vory eerious charge. Mr. Bowen’s charactor must be estimated by the evidence in the cas bad shown what his gonoral reputation was Bight men had sworn that it was bad, The counsel closed with a strong appeal for a verdict for the defendan: Mr. Fullerton, in summing wp for the plaintiff, ead Thomas Kinsella and the Kugle “stood there as con- fessed liars,"’ and had boon doing their best to reduco the damages, It was impossible to state the damage which hag been done the charactor of Mr. Bowen by the publication of that libel in a papor which has a cir- culation of 26, The publication was not a repro They | duction of the Spirit of the Times and Sun articie. Judge Reynolds then charged the jury, briofly de- | | GOning the law on libel and the distinction between that offence and slander. The Court then consigned the case to the Jury, telling them that as {t would probably take them some time to agree upon a verdict the Court would adjourn til this morning, and should they agree during tho might they could bring in a sealed verdict, RUBENSTEIN'S CASE. Facob Rubenstein, second son of Israol Rubenstein, | and brother of Peauoh N. Rubenstein, was discharged from oustody yesterday by Ooronor Simms, as his testt- | mony ts unimportant in its bearings on the approach. | ing trial of the alleged murderer of the Polish Jewons, | Bafa pogtin: pad ak apd Louis will be reloased as foon aa U ey can furnish bail, A DETEOTIVE ON TRIAL, Ward Detective Garrett 4, Walling, of the Twenty. soventh precinct, was placed on trial before the Board of Police Comminsioners yeeterday, charged with hav. rom @ prisoner naujed Wyman, now fn Sing Ing taki G} R money and some jewolry, bie of dopied taking money 4 jewelry, and said the pri in ay debt for articlos pro- red hith while t @ latter was bringing him on a war- rant from Omaha to Now York. ‘The case was axl Wednesday. - TALES WITHDRAWAL PROM THE ROWING. AsO- CIATION—THE VIEWS OF A PROMINENT AMA- ‘THUR OARSMAN. Since the announcement that the Yalo Navy had re- solved to withdraw from the College Rowing Associa- tion it has been the subject of much dishussion among the boating men of the city, and various opinions have been expressed pro and con, In addition to the views already published, the appended interview with a prom- | tment amatour oarsman of New York will be found of interest, It wil bo noted that this gentleman is in- clined to think that Yale ts justified in taking tho course sho has, and when it is stated that be ts nota graduate of that university and 1s familiar tn every de- tail with American college rowing, it will be understood that he is entirely unbiassed in his opinions, The coa- versation was as follows “You have, of course, seen the announcement of the withdrawal of Yale from the College Rowing Associa- tion?!” “Yes, I observed it in the Hxratp the morning fol- lowing the meeting of the Navy. “Do you think they were justified in this action ?”” “T can bardly reply either negatively or affirmatively to such a question. It seems to me that altogether too much capital is made out of the doings of college clubs, and Yale has been pushod forward very unceremoni- ously, in my opinion, for several years, and received the brunt of a good deal of harsh talk and unjust criti- cism. Ono thing 1s positive: Yalo or any other club has a perfect right to withdraw from any associa. tion they seo fit when they so desire, and the New Ha- yen gentlemen must have founa some weighty reason to Induce tho whole Navy to vote unanimously in favor of resigning its mombership, The withdrawal of sey- eral, or all of tho Eastern colleges, has been threatened for somo timo, and Yale has taken an initiatory step which | think will be followed by Harvard, and possi- bly, im that event, by others. This I gather from an ar- ticle in the last Advocate (college paper), in which 18 1s stated editorially :— “But when it caw be shown that Hervard bas many creditable reasons for taking this step (withdrawin, from tho Rowing Association), that she ia so situate as to be placed above all apprehension as rogards calumny and slander, and that sho is to row in compan: With the threo next foremost colloges in the country, all three of which have already won races while in the asso- ciation, there is hardly any ground, the supportors of the movement say, for fearing Unat the proposed secession will sully Harvard’s honor. “Tho colleges thus referred to are Yale, Columbia and Princeton, who are all mentioned ag ‘seceding’ institutions, From this it appears that Yale is rather unfortunate in being the first to publicly take the step and thus receive an unwarranted share of abuse, which, if at all deserved, should fall alike, as this heaping up of censure may cause the others to relinquish their intention and thus placo Yaloin a very bad plight ‘There is but little doubt but that the Rowing Associa- tion of American Colleges has been going from bad to worse and that it has been resorted to, in my opin- | ton, a8 purely an advertising medium by the faculties of Several colleges that were previously almost un- known, I know that Yale and Harvard objected to thus being dragged into the advertising business, as | they were placed at a disadvantage with scveral of their rivals. Some of tho crows were allowed to take any timo they wanted from their studies and were evenoxcusod almost entirely from col!ege duties for tho purposo of fitting themselves for the race last summer, Several other irregularities occurred which, I believe, are not genorally known. In this copy of thé Boston Advertiser (Novomber 30), you will find | a letter written by Mr. Chandler, a graduate of Wiliams Collego, who, I presumo, knows what he te talking about when he says:—‘It would seem desirable to state plainly that last year Amberst, Cornell aud Columbia were improperly ropresented—Amherst, because two members of their crew, M. A. Goodnow audS. R Johnston, were not studying for any degree; Colum- bia, becauso G. M, Hammond was not studying for any degree; Cornell, because not a single min’ allowed to row, except Ustrom, who 1s to be an engineer, was studying foradegroo. Of those allowed to row, King was studying for a degree in architecturo, Jarvis in natural history, Gillis in the mechanic arts, Barto in litorature. Waterman in mochanio arts,’ “Not only has this occurred, but a well known pro- fessional oarsman of this city told mo that he had been solicited to coach a collego crew (not one of those men- tioned by Mr. Chandler), and he being unable to attond | to the work another professional was secured, and he | was present with the crow in question at Saratoga. With some of thoso colleges it would seem that honor | is entirely subsorviont to the desire to win tho race. Those facts are protty well known among college oars- men, and doubtless had something to do with the secession movement, As far us Yale is concerned t do not think that they have done anything which should elicit such general condemnation. They had a right to withdraw, and ‘the charge of leaving the association vecause they had not won either of thoJast two races is a gratuitous insult yo a college which has, as far as | have seen, al 4 actod fairly and squaroly with all compotitors, In 1874 they wore put out of the raco by & foul, and it is the opinion of many good judges that theirs was the winning crew. Again, last summer | they wore hampered to a great extent in their training whilo at Saratoga, and yet made a good race of it, Onishing close up with the third shell and only a | few lengths behind the winners, Who were credited with two of that distance, In fact, the noxs four boats Ginishod without any clear water between them, &o much for the record of Yale since their victory in 1873, if they bad won last summer tho same charge of afraid to meet the other college crews would hold equaily weil, at think that cowardice 12 the last | thing that cau be laid to the door of tho Yale Navy, who year aftor year of defeat has always returned to | the cliarges, even when the chanco of victory was simply a forlorn hope. “You havo seen the expressions of opinion by graduates of Columbia and Princeton, already pud- lished, as to the reasons which prompted Yale's with. | | drawal, what do you think of them?” , and I hold they were entirely uncalled for, If the Harvard Advocate is correct regarding the seceders, which I think it must be, the geatlemen who thus expressed opinions so violently were a little behind the times, Certainly, if Princeton don’t think there would have been much of an outery, and I question if any Yale graduate would havo so for: gotten hitnself as to uso like expressions as are cred ited to the Princeton gentloman,"” “In your opinion how will the action of Yale, and the other colieges referred ta, If they also withdraw, affect the College Association f* “That remains to be seen. secede the association will undoubtedly hold tts regatta | as usual. If thoy withdraw, L think it will virtually break up the organization.” “Would it not have been better for Yalo to have re. | mained in the association this year, rowed the race of | 1876, and then retired if 1¢ saw fit?” “1 do not think it would bave made much difference cither way. It they did not win in 1876, which of Itself 1s highly problomatical against such a number of com- potitors, they would then be in a worse position to re- tire thah now, supposing, of course, that in their pres- | ent action they are wrong. If they were victorious it would be equally plausible to say they were afraid of meeting the other colleges in 1877, It makes no differ- ence at all, 80 far a6 I can see. tres here- from the association; or, if the outsid pe say ‘row,’ must it waive personal feelings and opini and bow to outsides? And in answer to this I say the members of its Navy are tho solo judges of what thoy should or should not do, and wo, the outside pub- lic, have no right to try and control their actions, As far ag I have observed the main feature of the college ta is the mecting of Harvard and Yale, Every- thing is sabservient to this; and [ think more epecta- tors would go to see them row than to @ race without them.'” Do you think that Harvard ts likely to withdraw from the association /”” “Harvard men know more about that than Ido, [ believe they will, however, for the college journals aro decidedly in favor of \t. This is what the Advocate of Decomber 17 says:— Wo are decidedty of the opinion that the thme has arrived for Harvard to vindicate her independence and to show, by withdrawing from the association, shat questions affecting y stand above all considerations of her relations to 9 dary question, whioh it enough for yelded what it is We ma: be assured to | for rivals, and graceful and un to Hur. Vard last summer, et in such a way as t 1d to ansuro th. s every reason (0 ty and independence eqaai to her own that thelr co nos with regard to future contests can only b considered in the spirit’ which they dosorve after Harver. has definitely established her own position, “Yot,” added the interviewed oarsman, “there is something in this oxtract that I cannot understand. If overtures of a dishonorable nature, as (nsinuated, were made to any membor of the Harvard crow, {tts nothing more than proper that they should bo made public that the guilty parties may suffer Just consuro.”” GRAHCO-ROMAN WRESTLING. Aftor a rather sharp correspondence In the columns of the Hxnano, tho preliminaries for tho pending re- turn match botwoon Professor Bauer and André Christol have been at last concluded by signing articlos and do- a dig | positing the monoy as the offices of the Spirit of the Times, This match is best three in five falls, for $500, and a guaranteed bot of $600.4 side additional, and will take place at the Grand Opera House on the evening of wi ‘Tho following are the conditions of the contest :— 1. No hold shall be allowed lower than the waist, % The wrostling to be with open bands. § No striking, scratching or gouging shall be allowed. 4 There shall bo no restrictions In ig oh to ops poe H of hands and interlacing of dngers being agréod ty dew axe Ronsrahar 00 OEdoy BGR, DSCSiies con 6 Tho wrestlers must have thoir fin nails cat close and they must wrestle in soft shocs or socks. 6. A fall shall be declared when either man bas beon fairly put ro his back, with the two shoulders on t ‘und af the same Lime, 7. Im the event of the wrogtlers rolliag over cach had withdrawn I, If the others do not | ‘The whole matter cen- | Has Yale or has it nota right to withdraw Whether Yule wnd other colleges will Join as | time | the ats gg , Since the summer coac “WITH SUPPLEMENT. othéF, the ond Whd% shoulders fret ks tnder rule, stall be deemed to nave Ise one Fifteen m! rost shall be allowed between bouts, and either man failing to whon | tie i Called shall Uo considered to have Yost’ the matoh. 9, This match shall bo decided by either party to this agreemont winning three fair falls out of ive, 10. The Judges shall examine the men before each bout to see that no oil or grease has been put upon their bodies, Colonel T. H. Monstery {s mutually agreed upon as referee, and his decision shall be without appeal. MILLER V8. CARTBRON. A grand match between Professor William Miller, champion of America and Australia, acd M, Louis Carteron, champion of ail Europe, will take place at tho Brooklyn Rink Christi night, December 25. The conditions of the bouts ‘are the samo as those agreed to by Bauer and Christol, BILLIARDS. GEORGE ¥, SLOSSON AND WILLIAM SEXTON MATCHED FOR FIVE HUNDRED DOLLARS A SIDE. On the 16th inst, George F. Slosson challenged William Sexton to play a three ball gamo of billiards, 600 points up, for $500 a side, and, im earnest of inten+ tion, deposited $250 with the editors of the Sportsman as a preliminary stake, Yesterday w rains Soxton called at the abovo office and covered Siosson's deposit, and, the principals meoting by appointment au hour or | so afterward, It was arranged that the match should bo played at Tammany Hall, January 26. These young men have attained great reputation a8 billiard exports, and when they come together there will be mueh speculation as to the probable winner, THE THIRTY THOUSAND DOLLAR RACE, WHY THE PACIFIC JOCKRY CLUB POSTPONED IT, [From the San Franctsco Chronicle, Dec, 16] Tho attack of the New York papers on tho Paciflo Jockey Club, which has raised some excitement in this “city, 1s not oxactly fair, inasmuch ag {t only presents one side of the question. Characterizing the race as a fraud and a sham ts not in accordance with the truth, and the postponement of it was not the work of tho Jockey Club, but originally came from tho conditions in the advertisement not being complied with, This was tho cause for the postponement of the ontries from the 13th until the 20th of October, and eho final putting off was occasioned by adverse weather. When the club met to receive the entries on the evening of tho 13th | of October, at the hour for closing there were only four legitimate entries, being Springbok, Rutherford, Wildidlo and Revenue, Jr. The advertisemont required five. When this became a fact tho “big purse of $30,000 in gold oin’” was off, accord- ing to all racing law and custom. But, anxious that those gentlemen who had come so far with | their horses should have a further opportunity to pay their expenses and something over, the club decided to postpone the time of making ontries for a wook, which would enable the owner of Katy Pease to get | here, beimg then on the journey from Chicago to Ban Francisco, The 234 of October the prize plate was run, and it proved that one of the horses which bad boen | entered was etther very much out of condition or an | interior animal to those which he would have to mect, | It was evident, then, that tho race would not fll with | bona fide names. The owners of the horses were as | mueli chagrined as tho club, and overtures were made | to have the race come off with as nearly as possible the original conditions, Ono proposition was to deduct | $3,000 from the purse and run tor that sum divided as | the first amount was to have been, and, should the re- | gources warrant, that sum was also to be added. There | | ig a discrepancy in the statements which some make, | those parties clanning that the owners of the horses were only to have the actual receipts after the oxponses were taken out, Atall evonts, there did not appear to be any misunderstanding or dissatisfaction on the part of the owners up to the time the raco was to have been | ron, and the evening of the 12th of Novembor tho town was agog with tho prospects, The rain cam pouring all day, and the track was flooded, ‘The cly | mot that evening, and the question tof postponement | was debated. Under racing rules that post ponement could only be. to the “first good ands track.” The continued wet weather | had rendered the Bay District course unfit to run upon | util the 9th of December, Yhursday of last week. In the meantiine it had boon agreed ‘upon between tho club and the owners of tho horses that if Thanksgiving Day was fair, even if the track wus uot really good, the race should borun, Again tho rain came, and the owners united in a written request that the | race be further delayed until Christmas, The horses had boon unfortunate. The epizooty ad attacked some of them, whilo otburs were laid up from sprained ton- | dons or other ailments. So far it had been “a lame | and impotent’? conclusion to an event which had raised such a furore of excitement ali over the country, and | the cldb which had the affair in charge have been | Dlamed without scruple for the failure. To all intents the above is a true history, with the exception of the counter claims of what the ‘prize was to bo, It is contended that the awards were to be gov- | erned by the receipts, and if eo that was cortainly an | imposition on the public, who were led to believe the | full $30,000 was to be run for and distributed according | to the udvertisomonts, Now this is the caso:—Those men who agreed to run for this uncertain sum wero as | muck to blame as the party who mado this bargain with them, and should share in the oastigation which the Papers are inflicting. f the other ramor ia the true one, via., that one en- | trance be deducted when it lacked that $3,000 of the | amount which should have been received trom thi source, there has boon nothing to reprehond in the managers or those who accepted the change in the pre- mium ‘The postponemonts were certainly forced upon the | club, and under the same conditions there is not an association in the United States which would hay | acted otherwise, The trotting rules prescribe five days ag the limitaraco can be adjourned to, Tho largo racing «takes In England, like the Derby and St, | Leger—in fact all of them in’ that country—aro not | contingent upon weather, but have to be deeided on the day designated, Tho American Jockoy Club retain the right to postpont, should the weather bo unfavor- able, the state of the course not being taken Into con. sideration. A club which would run tho risk of a rainy | day when tho greater moicty of $30,000 was at stako | would not be vory wise, and low owners who had | paid as high as $3,000 for an ontrauce fee would like | to take the chances of ruining their horsea by running heats of four miles on a muddy, slippery track. | Those vory things which poeple and the papors rep- | robate aro the logica! conclusion of these large sensa- tional purses. To accopt three entries in a purse which atnounted to $30,000 would be hazardous to those who gave it, and tt is difficult to dnd many owners of race horses who care to put up ten per cent on sucha eum. The anxtety to get the best performers in the Bast | to take part in the race induced the placing the timo so late in the season that these horses might be through all of thoir home engagoments. As was proven there | was only a mistake of s day in this calculation, and on | the 12th of November the track and weather were all that could bo desired. Blaming the ciub for this downfall of rain i¢ about the same, logically, as for the other occur- rences. No one has claimed as yet that auy compro- mise was offered before the 13th of October, the origi- | nal day for tho closing of entries, and not ‘until there was a Strong presumption that “the race would not | fu’ was any change mado in the programme. | | Whether that change was $27,000 or “the gale money”? isas yet Known only to the partios to the compact. Heretotore the integrity of the Pacifle Jockey Club has not been quostioned, and on the preceding yoars every | bill and demand hasbeen liquidated on presentation. It is to be hoped that there is not adequato ground now | to build other charges upon, both on account of the | gentlemen themselves and lor tho credit of California, ‘The people here will not uphold any person or ciub in | perpetrating a fraud or sham, and will hold to striet ac- | Count those who are guilty of reprehensible conduct, | As the cage stands it la diifeult arrive at all the | traths connected with this subject, but the chances are | shat afow days will bring the whole thing to light. Poople will be loth to believe that some of our moet | prominent citizens have boen a party to fraudulent | procosdings. and will insist on proof being adduced | which cannot be controvorted. Mere hearsay will not | answer, and the thousand rumors afloat will not do for | the evidence which is to convict. | | WINTER COACHING IN ENGLAND. , driven by Mr. Bailey, has Weoased running from London to St, Albans, Mr, Frank | Parsovs, @ well Known whip of St, Albaus, has started | one which it ts intended to keep on the road as far as | practicable during James Selby oflci wagoner and guard, and the | qugural fournoy took piaco on | Pho coach starts from the Whit | day throughout the week, Sunde ast ton, the frst change of horses taking place at the joyal Oak, Child's Hill, From thence the new team | will proceed to the Red Lion, Barnet, whore they will bo relieved, and the passengers wiil find luncheon pro- vided for them at tho George lrotel, St. Albans, one | hour after noon, The coach will return from St. Albans | hulf.past two, arriving in Plocadiily at five o'clock, — 1. | i i t H i | | The Sportsman, Dec. | prize FIGHT IN A LIQUOR SALOON, Tho sporting fraternity of the Fourth Ward, | Hoboken, yesterday witnossod a Gstie encounter bee | tween the “Hoboken Clipper” and Peter Croker, at Geoghoghan’s saloon on Adams street. Rach, previous | to the contest, said ‘he could whip the ether,” The | fight was won by the por im three rounds, Croker's faco was foartully disfigured, No arrest. A FREE FIGHT IN HOBOKEN, Wilhelm Schmidt, saloon keeper, No, 164 Washing- | ton stroet, Hoboken; H. Febi milkman, of Graad | street; ¥. Wigabrant, a laborer, and his wife, all of Hoboken, were yosterday accused of assault and, bat- tory, and the Iandiord, Schmidt, of keoping a dinor- | derly house, Inasmuch as thoy had all been engaged in | a free fight and had overturned tho stove, four polico- men being required to arrest them, They were all Gped by Recorder Bybnstedt yesterday moaraing | prisoner was | is enjoyed by any other government in the world. | be aswoswod a INVESTIGATION. Reasons for the Increase of Orime and Oriminals, IMPORTANT CHANGES SUGGESTED. What Some of the Liquor Dealers Say. ‘The session of the Legislative Committee was re. sumed yestorday morning, Messrs. J. T. McGowan, T ©, Campbell, I, Dessar and Jacob Hess being present, The labors of the committee, so faras the examination of witnesses is concerned, will terminate on Wednes day noxt, Colonel J. R. Fellows was the first witness examined, and in reply to Mr. Townsend said that he was formerly Assistant District Attorney for nearly throo years, and had during that time large experience im trying cases, ‘The witness having oxplained the meaning of cortain statutes relative to the conviction of prisoners, stated that with regard to the indefinite suspension of son- tences upon convicted prisoners judges had no euch power conferred on them by any statute, Mr. McGowan—Do you know of any power on tho part of a judge, who, having sentonced a prisoner, cam recall that prisoner and discharge him? Witnoss—No, sir; bho might modify that sentence upon proper representations; the judge can call a pris- | onor in transitu, for instance, to State Prigon, and either lessen or incroase his sentence; but if he had entered upon the oxecution of his sentence further proceedings rested with tho Executive. The witness thought that there should be more efficiency in the Dis- trict Attorney's oflce, and owing to the great pressure of business there should be more assistants, Tho peo- ple in every instance should be ropresented by an au- thorized officer, The District Attorney has more busi- ness than he possibly can attend to, There should bea PERMANENT COURT OF SPECIAL SUSSIONS and the presiding justices should have the right of em- panolling a jury. This would very much facilitate the present overcrowded state of business. There shonid be three judges appointed permanently to the Spectal Sessions. A prisonor after arrest appearing before a magistrate, should not be taken for trial before the same justice at Special Sessions, As to the powors of the District Attorney, the witness sald that, suppose a indicted for some offence where novel propositions of law arose and the District Attorney asked for the ruling of the Court, the Court overrules him and the prisoner is acquitted by the jury, the Dis. trict Attorney should be permitted to have a right to appear before the Court of Appeals in order that suc ceeding cases may have the boneflt of Its decision, THE CAUSE OF CRIME. Tho witness stated that in bis opinion the immediate cause of crime in this city was the too free indulgence in iquor, There wero other reasons that mako the percentage larger in this than in other cities, Q State them. A. First, wo havo a ‘arger percentago of tiberty than In other countries the prisoners are under more espion- age. When tho criminal is hunted down in Kugland or Germany or im any of the large cities, and com- pelled to flee, he comes to Americu and gravilates, and in the slums of the city can well conceal himself and have a botter opportunity of doing his work, New York is the sewer through which overy nation pours its criminals, The witness then referred to the provisions of the Exciso law, whioh he sald neither he nor anybody elsé understood. Witness belioved that appeal casos from tho Court of Special Sessions should go to the Court of *Appeals direct. He considered tho law allowing a pris- oner to testify inhis own behalf dangerous to the pris- oner, whether he be innocent or guilty of the crime charged against him. At tho conclusion of Mr. Fellows’ evidonoe there was read a lotter, in which RECORDER HACKETT SAYS :— Recoxper's Qaamae: No. 317 Broapway, New Yorn, Dec. 7, is. t mae Recerder Hac! resents his compliments to the ™ acknowledging tho receipt of its po ta ‘iva an Wadn ch! ters in this cit} believe @ orim: th fniselt hae tasiotalig debe: a id mself has judicially dono, whatever views to has evor officially fiad on the sabjeck have been expressed in sentences and charges during the past ton '§ won| oe qadere Lapp one record. fer hi nol lelicnte, in ju ent, regarding himself, and that it eine highh; Y aitaloate hee hit to udter opiaions touching others, and he respecttall insists that regard for his own usefuluess tn tho fata toward tho public should privilege Lim from attendance beforé your committee for the purposes tamed. Should, hewever, be he a oper Noa e igrtteny Cie tie these eet ang ® majority of the committ ree will pa Go i Ge Bier Tevcyion ry Al + - eaiaaal eat ‘To Mr, JonN D. Townsend, of Counsel for Committes. A DACIDKD OPINION. Mr. Ambrose H. Purdy, Assistant United States Dis trict Attorney, stated that he had had oight years’ ex: | perience tn the practico of prosecuting and defonding criminals, He might suggost that ho considered it an outrage that a citizen shoud be arrested and that, in or- der to have an oxamination before a magistrate, he must stay in jail until indicted. He thought that tho magis- trate should have the power to take bail There could ‘be no objection to it whatever. He also thought that any citizen who lives here should bo ontitled to an ox- amination before it dictment, Agatn, the District Attor- ney should have exclusive charge of the Grand Jury, and partisans should not be allowed into their room. He in favor of trying a certain class of smail misdemeano: by information, which would save considerable time and exponse, Judges, ho thought, should be limited to defiuing the law to & Jury rather than giving their opinion upon the facts of a case. Thoy should not comment upon the facta in charginga jury. In such cases there were two summings up, one by the Judge and one by the prosecutor. As the law now stood @ Jury often founa a prisoner guilty upon the facts as stated by the Judga Ho regarded the present method of arraigning prisoners and taking pleas as most vicious. ‘Tho Jury sat in court say from eleven to twelve o'clock, and saw all the prisoners huddled to. gother, and naturally bocame hardened against the one in the dock about to be tried. Then, again, a man may ‘ve arrested onaciyil process and lodged in Ludiow Street Jail. He is placed under $100,000 dail, for in- stance, and when his case comes on he cannot appear unless he gives bail, which ho may be unabie to obtain, This was altogethor wrong and should bo remedied, Again, he considered that the severe sentences inflicted in certain cases was a decided cause of increase of crime, He had read that Dolan had sald, ‘Hackett would give mo twenty years, and I mtght as. well have taken my chance for murdor."’ He was decidedly op- posed to the private detective system. They often tool prisoners to thoir own houses. The witness denounce: the system of INCARCERATING WITNESSES at prosent prevailing. ‘ Mr. Fellows was recalled and cited numorous cases of hardship which had occurrod through imprisoning witnesses tn tho House of Detention, Ag to the detec. tive system, he considered {t should be secret; he be- lieved the police force, which was altogether inadequate for the protection of the city, should be under one con- trolling head, who would have full authority in every particular, The committee here took a recess, AFTER RECESS, John Keenan, oxamined, said he is a liquor dealer, he had heard complaints in reforence to tho adultera: tion of spirits, but he did not know of anything to adultorate liquors ¢: pt wator; he did-not approve of a tax on sales; the proof of spirits was tested by we hydrometer; he constdered that there ought to be some method adopted to stop the sale of injurious liquor, and uo liquor should be gold to habitual drank- ards, Wotnen or children at a bar; whiskey ought to be kopt two years after distillation before being drunk; the character of every porson asking for a license should b thoroughty examinod. Albart Krauss, also a liquor dealer, considerod It wrong to estublish so many grades of license; he thought $60 a reasonable tax for liquors and beer, Formerly liquors were adulterated with other, creosote and single rectified spirits, Hoe was in favor of havin, excise inspectors appointed to examine liquors, an. ol having a penalty Iinposed upon those who sold in- jurious liquors, Ho thoaght the Commissioners of Excise should not have tho power to grade licen nor should the police havo a right to make arrests ot Nquor dealers after court hours, It was tho wish of the liquor dealers to have @ uniform excise law through- out the State, Moses Lansberg, who manafactures bittors, said that the retailer was ‘not to be biamed for the doleterious character of liquor, All domestic liquors aro made from essential oils and cologne spirits, NEW YORK DRINKS THR WORST WIHIKKBY of any city (n the Unitdd | be ol AS & goneral rule New Yorkors drink moro foreign epirits, whioh, course, are adalterated, whereas in the West and South thoy abo the domestic article. In Chicago, for !nstance, thoy have fine whisk because they {mport very little 14 In reference to the license question he thought that there should be a grade; each should rding to his sales. Rhine wines wore made tn this city; champagne was also made here from yinogar and other chemicals. 4 Patrick Moore, an extensive dealer, corroborated the testimony of the provious witness. Foreign liquors od in bond, ho éald, were conveyed frequently into joining store, where they wore manipulated, ‘A PRRGOMAL KXPLANATION. Mr. Peter Mitchell appeared before the committee ‘and stated that on a provions occasion Uo had testified that in thrce or fou? Thstances tho magistrates were fgnorant of tho law in certain cases, He did 20 wi out malico at the time, and simply reforred to it matter of twstimony, Justice Murray subsequently gave evidence and rellected upod his character, and hq (str, Mitchell) came forward t refule the statoman> (CONTINUED ON NINTH PAGE]