The New York Herald Newspaper, December 29, 1875, Page 3

TM SCANDAL REOPENED, Francis D. Moulton Sues Henry Ward Beecher for Malicious Prosecution. DAMAGES FIFTY THOUSAND DOLLARS, Nature of the Action and What Lawyers Think About It. URS. MOULTON AND PLYMOUTH CHURCH. ————— The Lady Declines to Meet the In- vestigating Committee. WILL THE MUTUAL COUNCIL MEET? ‘There is again something new in the legal complica- tions arising out of the Plymouth church difficulties, Mr. Francis D. Moulton has commenced suit for malicious prosecation against Mr. H. W. Beecher, and the papers have already been served on the defendant. This suit will operate to reopen the whole question whose in- vestigation occupied so much time last spring and summer without arriving at any satisfactory conclu. sion, This legal episode, together with Mrs, Moulton’s persistent demand for consideration of her case by the members of Plymouth and sister churches, Is likely | to occupy public attention for some time Both of | these important movements will necessitate many mi- | nor moves, In the courts motions and counter mo- tions will no doubt be argued before the main question {gs tried, if it ever comes to trial; and consultations numerous will prepare the way for an examination of the merits of Mrs, Moulton’s appeal. Below will be found the pleadings in the case of Moulton vs. Beecher, which explain at length the | nature of the suit. Mr, Moulton seeks damages in the sum of $50,000 as a recompense for the injury he | claims to have been inflicted on himself and his busi- ness by his indictment at the instigation of Mr. Beecher, THE SUMMONS AND COMPLAINT are here set out in full, and im twenty days, exclusive | of the date of their service, the deicndunt ‘must serve bis answer. New York Scereuw Covert, Kixos Covyty.— | Francis D. Moulton vs. Heary Ward Beccher.—Sum- | mons for Relief.—To Henry Ward Beecher, the defeud- ant above named—You are hereby summoned and re- quirea to answer the complaint in this action, of which | acopy is herewith served upon you, and to serve a | copy of your answer to the said complaint on the sub- scriber, at his office, No. 22 Pine street, in the city of New York, within twenty days after the service hereot, exclusive of the day of such service; and if you tuil to | answer the said complaint within the time aforesaid the plaintiff in this action will apply to the Court ler the relief demanded in the complaint. Dated December 27, 1875. RO ‘A. PRYOR, Plaintiff's Attorney. Nuw York Surreme Court, County or Kinos.— | Francis D, Moulton ys. Henry Ward Beecher. Complaining of defendant, plaintif allcges:— 1, That, with a malicious intent to injure plaintiff in his good hame and credit, to bring him ‘into public dis- grace, to cause him to be 1mprisoued and to subject him to trouble and expense, defendant did on or belore the 3d day of October, 1874, yoluntariiy go before the Grand Jury at the Court of Sessions of the county of Kings, in the city of Brooklyn, tor the purpose of procuring ap indi¢iment against plainwl as hereinalter bated, 2 That at the said Court defendant complained of plaintif’ before the Grand Jury, and falsely and mali- ciously and without any reasonable or probable cause whatever, charged plaintiff to the Grand Jury with | having uttered and published of and coucerning him, | the defendant, certain criminal libels, which said charge, so made by defendant, was wholly false and untrue, as he then and ever since well knew. 3. That the defendant falsely and maliciously, and without any reasonable or probable cause, procured the Grand Jury aforesaid to find and present to the said “Court of Sessions an indictment aguinst plaintif! for aid alleged criminal libel. ‘4. That on the said 3d day of October, 1874, the said indictment was transferred to the City Court of Brook- Jyn for prosecution and trial. 6. That the detendant falsely and maliciously, and without any reasonable or probable cause, procured a warrant for the arrest of plaintiff upon the aforesaid m- dictment to answer the charge therein made against him, as aforesuid, and afterward caused plaintiff to b taken in custody and carried before a judge of said City Court, aud to be then aud there compélied to give bond to appear for trial therein, 6. Phat defendant falsely and maliciously, and with- out any reasonable or probable cause, procured plain- tifto be arraigned before said City'Court and com- pelled him to plead to said indictment, 7. That plaintiff pleaded not guilty, and was then and ever since bas been ready and anxious to stand trial on said indictment, but the District Attorney in and for the county of Kings, after consulting with defendant and in comphance with his wish, but against the will and protest of the plaintiff, did, on or about the 22d day of October, 1875, move the said City Court of Brook- | lyn that a nolle prosequi be entered as to said indict- ment and the prosecation thereof against the plainwil’; and the said City Court did then and there grant said motion, and it was thereupon adjudged and ordered by the said Court that a nolle prosequi should be al- lowed and entered as to said indictment against plain- Uff, and the same was allowed and entered on record in said Court, 8. That the said indictment, complaint and prosecu- ton, and each of them, is wholly ended and determinod in favor of plaintiff, 9 That by reason of the premises plaintiff’ has been injured in his good name and wounded in his feelings, and involved in expense and subjected to insult and op- pression, to his damage $50,000. Wherefore plaiutif demands judgment for $50,000 and costs. ROGER A. PRYOR, PI City and County of New York, ton, being duly sworn, says he is piaintif in this ac- tion; that he has read the above complaint, and that ivis true of his own knowledge, except as to matters | therein stated on information and belief, aud as to them he believes it to be true. FRANCIS D, MOULTO: Sworn before me this 27th day of December, 1875. Wo.utan P. Pansan, Notary Public, city aud county of York, ‘Alter receiving the papers Mr. Beecher handed them over to Mr. T, G. Shearman, bis attorney, who will not say at present what his line of defence will be. Neither is it definitely known who will be counsel for the op- posing parties to the suit. WHAT MR, MOULTON SAYS. A Henao reporter called at the residence of Mr. Francis D, Moulton, No. 69 Remsen street, Brooklyn, yesterday afternoon, for the purpose of obtaining from bim*an expression of his views and designs in the prosecution of the newly arranged campaign against the pastor of Plymouth church. Mr. Moulton, who was exceedingly brief, said:—*I have commenced this suit in vindica- tion of my character, 1 positively decline to be inter- viewed upon the subject.” In answer to a query as to whether General Butler had been retained by him to rosecute the case in connection with General Roger A, | ryor Mr. Moulton replied that he would not say whether such was the case or not, OPINIONS OF LAWYERS, EX-JUDGE MORRIS. Ex-Judge Samuel D. Morris was met by the writer at his office in Montague street, Brooklyn, late in the afternoon, The reporter inquired what bis opinion ‘was as to the cause and effect of the action commenced by Mr. Moulton against Rev, Henry Ward Beecher, “] think {t {sa very proper step for Mr, Moulton to have taken, and under the circumstances,” said the counsel, ‘I really don’t see how he could avoid it It was the only protection ne had. He had been in- dicted criminally for slander and was unable to defend himself against the charge, He demanded a trial, and it was denied him, A nollie prosequi was entered on the indictment against him despite his protest,” “What think you will be the issue of the approach. | ing suit?’ “Now, I would rather not express an opinion on the ‘ssue. The whole subject must be familiar to the pub- lie, and they can draw their own conclusions, ”’ “Are you retained as counsel for the plaintiff, Judge?” “Yes, sir, Iam,” “Mr, Beach and Mr, Fullerton are also, I presume, retained in the suit, as they are familiar with the {round over which the case must travel.” “1 do not really know whéther the gentlemen named ire retained in the case or not.” “Do you suppose the same material in detail will be traversed in the new trial?” ‘ “Ob, No; not one-tenth part of the trash in the other tase will be gone over, It will be confined simply to the naked issue—Is or is not Mr. Beecher guilty of adultery with Mrs. Tilton? But, as [have said, I would rather bot discuss the case, as it will soon be before tho tourts, and that is the proper place to dispose of the tesue,’ “Is the new suit likely to occupy as long @ time as he old scandal trial!’ “Idon’t see why it should occupy that length of “how it will expedite matters. Judging from the ex- | malicious prosecution, to mass that sentimental | and who is an authority upon Congregational law, stated of the aggrioved party. That is the law, In this case | without doubt, the mutual council will be called to meet in Piymouth church, The cburch = Was. ready to proceed the very | that should be known as early as nine P, M, NEW YORK HERALD, WEDNESDAY, DEVEMBER 29, 18io>-rkKIPLE SHEET. xe anges De time it is begu B In conclusion ex-Judge Morris said that it looked y seh Mr. Beecher were about to receive very much as thnk that pesto ink the cumulative weight of heavily against made the most wat thought, he ever made before the church on Monday night 1p discussing the council business. He apy to like a man who felt that he was ‘vat bay.” It was stramge that he should use the expression that “a vigilant power is trip or fall.” ‘The watehin, to ee us counsel éaid that if the ‘mutual council of ministers” which was to be convened should be divided in their verdict upou the guilt or inpocence of Mr. Beecher, tt would be tatal to the pastor of Ply- mouth. In fact, he did not suppose that Mr. Beecher could much Jonger hold out as a minister of the Gospel in this community. GENERAL CATLIN’S VIEWS, hg General Catlin, of the firm of Tracy & Catlin, in giv- ing expression to his views upon the new phase of the suit, said:—“Mr. Moulton hag no couse of action for suit if Mr, Beecher told the truth before the Grand Jury, and bis friends certainly think he did tell the truth, The subsequent outering ot the nollie prosequi was made in the interest of public morals and public deceucy by the District Attorney of this county, The only ground on which Moulton can sustain bis ac- tion is thatit was not only malicious but that it was also untrue—the material upon which the indictment was obtained. If Mr. Moulton can convince the jury ‘hat what Mr. Beecher swore to when he went before the Grand Jury that found the indictment was false, then he has, of course, good cause of action. In such a cause it would be plain that he had just cause for op- posing the Salering of, the nolle prosequi. 1n that event it brings out the whole of the old scandal it again. The trath of what Mr. Beecher swore to is the material ele t im this case, and it will have to be sifted and proved to be true or’ false by witnesses. The case, in my opinion, cunnot be tried without going over the old ground. h? wip tpe seme counsel be employed by Mr. Beécher . T have no kuowledge, really, as to what action has been taken by Mr. Beecher with regard to counsel, save that the papers were handed by him to Mr, Shearman, It is woo bad that this thing should be sprung again on this community when people had hoped they had seen the last of the scandal. Do you suppose the trial of the suit in the Supreme Court instead of in the City Court will bave the effect of curtailing the length of the trialy A. I don’t know pression of one or two Judges of the Supreme Court, however, I should say it would not take quite so long to try. The Judges to whom [ have reference expressed the opinion that it ought to have been tried in a mueb shorter time than the City Court dev vad to the scandal trial It may be that somo embarrassment might arise on the part of Judges trying a case upon which they had given an opinion as to the innocence or guilt of Mr. Beecher, which was based on reading the evidence elicited on the trial before Judge Neilson. I shonid say that a Judge so clroumstanced would be disqualified from sitting on the trial, Judge Dykeman, who was elected last fall will take his seat'on the Bench in January, and it is probable that the suit. might come before him, ido not think the case can be reached before March, and itis possible that it may not be called before the October term unless it hag precedence given to it over other cases of less public importance on the calendar, Tn such an event it would divide attention with the Presidential campaign canvass, But for my part I don’t see how Mr. Moulton can expect a favorable re- sult, He must know that the jury in the Tilton case ropresented the sentiment of the people, and in that view be cannot expect to get any better result. [t may be that he argues to bimself that the very fact of “r, Beecher's not proceeding to press the criminal . 4 ments which he procured against him to trial evi dence before the world that he (Mr. Beeche has no case. Hence Moulton hopes, in the new sui! him to strengthen this action for damages. Now, * Beecher’s answer to the charge of weakness in not prosecuting Moulton on. the slander indictinent would be that he was wornout and harrowed with the wear and tear and cares of the six months’ sitting in court; that be was taken away from the duties of the minis- try; put to extraordinary. expense, and withal, that he isan old man; and for these cumniative reasons he dld not desire to go into another suit at law. This suit will admit of new witnesses. : In conversation with otber counsel who were con- nected with the scandal suit the reporter learned that Mrs. Tilton would doubtless be called for the defendant. and Mr. and Mrs, Richards for the plaintiff, Much new testimony will probably be admitted; all the old letters will be re-read, and 4 great deul of “the trash” admitted on the Jast trial will not be likely to be tolerated in the new. 4 The trial of Loader and Price for perjary will be, it is believed, expedited by reason of this new movement on the part of Mr. Moulton, THE CHURCH COUNCIL—-CORRESPONDENCE IN REFERENCE, TO THE PRELIMINARLES. The following correspondence passed yesterday be- tween Mr, Shearman and/Mrs. Moulton: | No. 81 Hicks Staeet, BRooxiys, Dec. 27, 1875. | Mrs, Euma C. Movntox;— Mavam—I herewith enclose to you a copy of resola- tions adopted this evenipg: by Plymouth church, and also lo notify you that the committee appointed in pursnance of those resolntions to confer with you upon the preparation and issue of letters missive for the call of a mutual council will meet at No. 58 Willow street, on Tuesday evening, December 28, at eight o'clock, at which time and place they will be ready to meet you or your representative, for the pur- pose of preparing, signing and issuing a letter missive and designatmg the churcbes and ministers to be in- vited to the council, Your obedient servant, PAOMAS G. SHEARMAN, Clerk of Plymouth Church. P. S.--Please observe that Mr. Tilney does not as- sume the office of clerk until January &, 1876, MRS. MOULTON'S REPLY. No. 49 Reusun Stuewt, Dec. 28—2 o'clock. Sin—The time allowed me by your letter and accom- | panying resolutions within which to consider of the frame and substance of the letter missive and of the | churches to be invited by me to the council is altogether too brief for the grave duty to be discharged. It is im- practicable for me to attend upon your committee this | evening. The better plan, and the one I preter, is for | Plymouth church to submit tome a proposed letter missive anda list of members of council it desires to summon, and then I will suggest amend. | ments to the letter and) submit the names of | membors I may wish to invite; or, vice versa, Iwill take | the initiative in the preparation of the paper and | nominating the members. I believe the idea of a mutual council originated with me, and [am advised | that I have some voice in the constitution of the council, the platform on which it is to proceed and the time of its meeting. I should add that I bave not had time to deliberate on the matter of the action and resolutions of the Plymouth church last evening. Your obedient servant, EMMA C, MOULTON, Yo Tuomas G. SumaRwax, Clerk of Plymouth church, ‘A PLYMOCTH LEADER'S VIEWS. A gentleman who stands high in Plymouth church, to a Henatp roporter last night “that in the matter of a mutual council the church to which the aggrieved party belongs takes the initiative in calling it, at the demand next day after deciding to hold the council, in order Uthat the letters missive might have been sent out this week, and we notified Mrs. Moulton to appear, either personally or by her representative, to select the churches to be invited, and to sign the letter missive. That could be done in half an hour. She has, how- ever, to-day sent us a reply tothe effect that she ot ready—that she requires time for consideration, and thatshe docs not wantto meet the committee, She wants us to write the letter and bring the churches together and then send them before her. Sho and her advisers are being run Budington, and be is ashamed to come out and show his face. We regard this latest action on their part as one more wriggle to get out of this mutual council—as one more step in this constant interposition of difficulties in the way of calling a mutual council.” The letter referred to by the brother was received from Mrs, Moulton, yesterday afternoon, by Thomas G. Shearman, as clerk of the church, and, in accord- ance with the rules of the church, it was submitted to the Examining Committee, who will carefully consider it, and will then, if they think it advisable, read it to the church at the business meeting on Friday night, when they will report what action they think the church should take in regard to it, THE MUTUAL COUNCIL COMMITTEE, In connection with the appointed meeting of the rep- resentatives of Plymouth church with Mrs, Emma 0. Moulton last night, a reporter was sent to the residence of Rev. Mr. Halliday, in Brooklyn, for information concerning it, Mr. Halliday said he was not a member of the committee, and could not, therefore, give any in- formation of value concercing it. Mr. Thoroas G. Shearman was afterward seen and said that the committee was to meet, but that, ag there was not to be a full representation of both sides there, he thought he would be able to give all that transpired Soon afterward a majority of the ¢ommittee met at Mr. Halliday’s—prosent, Dr. Edward Beecher, Messra. B. ¥, Biair, T. J. Tilmey and Thomas G Shearman. Dr. Beecher presided, and Mr. Beecher atd Mr, Halliday were present, though not taking active part in the pro- ceedings. As soon as Ir. Beecher had taken the chair Mr, Shearman read the lever he bad received from Mrs. Moulton. The committee then enterea upon the consideration of the letter, and after full discussion resolved to in- form Mrs, Moulton of their meeting, of the receipt of her letter, and to ask her to game a dayon which she can appear with the committee and artange for the calling of @ mutual council, The commie then ad- journed. ANOTHER BEECHER LITIGATION, In the General Term of the Supreme Court, Circult Kings county, the suit instituted by Dr. Simon Skin» ner against Rev. Henry Ward Beecher to recover $000" the price of a set of false tooth furnished by the plain: iff six years ago, will be called for trial. Defendant, in his answer, denies ever having employed plaintif, and adds farther that if he did employ him he has no recollection of having done so; and finally he pleads the statute of limitation. Piaintiff denies that the teeth were made for Dr. Lyman Beecher om the order | UNIVERSITY AQUATICS. HABVABD NOT TO WITHDRAW AYTER ALL-~GRAD~ UATES’ LETTERS PRO AND CON, Below, in letters to the Boston press, will be found samples of the pressure which the Harvard undergrad- ates have had to take from their alvmn!, as well as the arguments tn favor, when they talked of tarnishing her good name by backing out of her fight for position as a rowing university among the other institutions of the land, and it will be gratifying to know that the pressure has not been in vain, and that, as’ our correspondent shows, Harvard remains in line, As matters now stand, only Yale has withdrawn, Bowdoin bas wavered, but will probably take heart when she sees what the others have done, Princeton stands squarely up to her 4 daty; sc does Columbia, while old Dartmouth sends the good word we might have known she would—that ‘We New Hampshire men don’t surrender mved."” Wesleyan is doubtless safe, for Wesleyans never give in; and Amherst and Williams, Brown and Trinity will doubtless stand equally firm, while the five Middle States colleges, among whom have been the later winners, which is what caused the trouble, of course never had any idea of going, So, after all, the regatta of 1876 gives brilliant promise of being what Captain Nicoll, of Princeton, in his plucky letter yesteraay, hoped it would be—‘'A memorable success.” The {ol- lowing are the despatch and letters, HARVARD NOT TO WITHDRAW FROM THE GEN- ERAL REGATTA, Bostox, Dec. 28, 1875. There seems to be no prospect, after all, that the Harvard University Boat Clab will withdraw this year from the general regatta of the American colleges, It may be pretty positively stated on the contrary, bow- ever, that the F BARVARDS WILL PARTICIPATE in the general races the same as usual, although this announcement will not be formally or publicly made until the general meeting of the college represents tives, on the 4th of January. In conversing this after noon with James B. Ames, one of Harvard’s committee to consider the matter of sup seal your correspond- ent ascertained that the committee b: AGREED UPON A DECISION, but it was not, in his opinion, proper that the aeter- mination should be made public until the meeting on the 4th prox, Mr, Ams it _will be remembered, as well as Mr. Fenno and Mr. Roberts, who are on the same committee, opposed the withdrawal of Harvard at | the meeting which appointed them, and your corre- spondent feels warranted, from his interview with some members of the committee, in declaring positively that Harvard WILL NOT WITHDRAW from the American College Association. this I bave the assurance of apromin at Harvard club that the commit'ee a! ade Tn ation to vemu: rf of the 9 bi ve been instructed to vote in fayory. ont ny — she general organization and pa icipatias in + > a dal regattas as heretofore, The rsuanco.! * ourse, however, will not interfere ¥ oo their co ing éingly with Yale or any special cuulenge TAL] HARVARD WITKDRAW FROM THE ROWING \SSOCTATION OF 4MERICAN COLLEGES ? , Eprror ov THR Bosrow TRAVELLER :—~ * -e bas withdrawn from the association, and 1p do- Ing so has acted consistently, Laving declined to send a crew the first year and having each year of the associa- tion's existence discussed withdrawal. it is one thing for Yale, and proper enough, perhaps for this college, in view of the fact that they have rowed association races under protest, as it were, to act thus consistentiy. Now let us investigate and see if Harvard can withdraw with some good reasons and consistent pro- priety. Tn the first place Harvard proposed having the associa- tion, strongly advocating it, and believing that it would be a greater advantage to rowing interests than to row against a single adversary. In every association race exeept one Harvard has erossed the line ahead of Yale, andin that case Yaile’s claim to the ruce was very doubtful. On the other baud, Harvard has failed to receive better than third place. The association races have shown, therefore, that neither Yale nor Harvard can assuine any superiority over the other and smaller, and perbaps poorer colleges, bat, on the contrary, the result to these two colleges with every possible advan- tage in their favor, should be and is, in fact, a mortify- ing record to contemplate, Until Yale and Harvard show better results than thus far have appeared, to es- tablish assumed superiority in their rowing abilities, will 1t be time for them to advance any such ideas, It will be the exception to find any member of Har- vard’s success{ul crews who will advocate a withdrawal | from the association races until the claim for superi- ority is made good in the shape of one or more vic- tories over all competitors, rf and Harvard are superior to the smaller col- te in rowing, &c., why don’t they prove it? jt 18 the opinion of the majority of old Harvard oars- men that an insuilicient amount of work and prepara. tion has been done at Cambridge of late years, and that the men composiug the crews have not realized the tm- portance of a year's bard work instead of giving only @ lew months. It seems that it would hardly be advisable for Har- vard to attempt to organize an eight-oared crew until they bave shown first a good six-oared. . Ii is a fact that no Harvard crew during the past four years has been skilful enough to row their boat without rolling it, and we bear of one or more men giving out on the last haif mile, which we claim is due to insuf- fictent previous work. A crew should be considered asa human machine consisting of a certain number of parts, and in order to Teceive as perfect preparation as possible. ‘There 1s great need in Cambridge of re-establishing discipline and sys.em, without which no success can be expected. Having visited Cambridge repeatedly we have at this late time in the year found rowing weights and the rious other gymnastic implements in bad order. It is the exception to find them in order instead of the ex- ception to find them in disorder, ala, 168: — 6, } Crew, To tnx Errors or Tax Bostoy DatLy ADVERTISER :— The animus of the meeting of Harvard boating men, who met to consider the expediency of a withdrawal from the Rowing Association, would seem to be that Harvard had lost prestige by entering into contests with the smaller colleges and being annually beaten— i ¢., such prestige as she had obtained by vanquishing aunually Yale, a college which recent events show not to bea first class opponent, at leust on the river. And now, with defeat piled on defeat, Pelion on Ossa, Yale, from her recent experience, thinks she will be | more conspicuous as the last of two rather than the sixth out of twelve. No one will deny that both Yale and Harvard lost caste when they gave up their little close corporation athletics on that pond near Worcester, where the ma- genta and blue rushed fora stake driven in the mud, a litule over a mile from the start, and the one who got round first caine in tobe cheered and crowned, while the loser invariably claimed a foul, and the boys ended the scene by msulting cach other, sulking home, if de- feated, vowing vengeance or crowing over the losers in @ way anything but chivalrous. But can any one doubt, even the most ulstered undergraduate of Harvard, who believes most implicitly in his and her destiny, but that Harvard's withdrawal now is and will be fairly considered alack of pluck and fair dealing on her part, ap Anglo-Saxon “fair play’’ country like oug own than received in the lust five years? imbued with the “elective idea’ that he seems to think that he can choose between honor and dishonor. But the time was when old Harvard—the Harvard of win- ning crews, when Crowninshield, Biasikie and Loring were boating leaders and {amous strokes—did not deign to finesse, and the Harvard of that day would not have sustained them in it if they had. ‘The spirit of this boating meeting was wholly unworthy of Harvard's traditions, and is as unpalatable to Harvard graduates as it can be to other college men or the public at large. Tt shows a demoralization which even the worst wishers of Harvard could not have anticipated, and the thanks of all are due to Mr. Roberts for his manly protest in behalf of the graduates, and to the twenty-eight under- graduates who voted against Harvard's stultifying her past record, The above Ianguage may seem too strong; but is it? It is old, and even recently Harvard's own position. When Cook, of Yale, * * * wrote to Dana, of Har- vard, proposing that he should work with him'to break up the Rowing Association, Dana, as representing Har- vard, indignantly returned the letter, stating that Har- vard could not honorably desert the association which | she had formed and which had stood by her when Yale went back on her. Thrice has Harvard returned this answer to Yale, Only a few weeks ago it was again brought to the attention of Harvard, and the tone of her papers show how it was met, The Advocate says:— ‘The truth is, the Rowing Association is becoming a great institution, the secret of its success being that it 18 no longer local. We must take our choice, either co with the tide or lose our promiaent position among col- leges, Why, then, should we withdraw? It is idle talk to say that we, the aristocrats, prefer to race with each other and not compete with farmers and mechan- fos, who, being brought upto hard work, have an ad- vantage over us in the start in training. The students of Columbia are fully as aristocratic as ourselves, yet they appear able not only to beat us, but to hold their own with the farmer boys too, If we resign they will take the place which our crew, by virtae of its high average position in the whole series of regattas, has always held, that of an opponent formidable under any circumstances, “We started the association and nursed {ts infancy; now it has jumped far ahead of what we imagined an is destined to become as much of an institation as the Derby in England, Shall we retire from this national contest, in which we have always beld an honorable position, and return to a local struggle, which—how- ever prominent it wae formerly when boating was con- fined to the two colleges—must now of necessity be subordinate to this other regatta, where as good and better crews aro rowing @ race in which the whole country is interested ?”” Now, I ask every undergraduate who from a ling of Mrs, Henry Wi ORs of disappointment, or, perhaps, without much con- make the machine work well as a whole each part inust | Harvard hankers to get at her former victim, and | @ reputation which will do her prestige more harm in | a bundred manly defeats such as her plucky crewshave , The modern Harvard undergraduate has become so | sideration of the subject, has made up his mind to vote fora what he expects to say next summer to students of Columbia, or Cornell, or Amberst, or Wesleyan, inquiring why they are not to have the pleasure of @ friendly contest with us? What is to of our reputation for pluck if we actually withdraw when the mere rumor of the proposed change has caused hints and insinuations which, to cn proud of their college, are intolerable? jose, therefore, who are in fayor of giving up t struggle must, in the first place, be satisfied that we no reasonable chance of success in the national Association ; tor otherwise they are doing a cruel piece of injustice to our reputation as oarsmen, by limiting the maximum of suceess to victory over a single o lege, thus cutting us off from all chance of ever hoid- ing the poate of champion of American colleges; and, in? the second place, baving so decided, it is but fair that they should give to us graduates, to whom the care of the reputation of the college outside of Cam- bridge is intrusted, satisfactory reasons with which to keep up ber reputation in the outside world, A HARVARD GRADUATE. THE PORITION OF THE MEN OF YALE AND HAR- YARD TO THE ROWING ASSOCIATION OF AMER- ICAN COLLEGES, To Tue Epiror or tux Heravp:— ‘The actual withdrawal of Yale from the Rowing Asso- clation of American Colleges and the threatened with- drawal of Harvard seem to have aroused an actual ex- citement among American alumni. Much has been P written regarding the probable action of Harvard, but very little appears to emanate from Harvard men. The voice of explanation, and but rarely the voice of ap- proval. Too much stress bas surely been placed on the trivial side of the watter. For instance, Mr. Nicoll, of Princeton, can say nothing stronger than that, in ‘his opinion, Harvard would show a luck of courtesy In with- drawing from an association of which it was a member, when carota gt was sent to the English Universities. Now, it would be difficult to demonstrate the discour- tesy of such a course when it is a matter of common report that Harvard withdraws for the reason that it does not approve of the manner in which the crews of one or two of the colleges were recruited last year, and it objects also to other matters in the management of the association, Harvard occupies toward the associa- tion the same position that a member of an ordinary city club does toward the latter organization, and Har- | yard can resign its membership precisely as the club man nay if be has cause for dissatisfaction. Nor is Harvard snore accountable than he to the public for the course he takes, except that more persons are interested in the proceedings of a body ike the Harvard Rowing Club than would be likely to be in the action of an individual under similar circumstances, Indeed, the right of Harvara’s withdrawing has hardly been challenged. ‘The facts, #8 they are currently reported, are that tho crew Harvard will be able to show next summer is be- low the average, in fact, an unusually weak one, It is not likely—though it’is, under the circumstances, peculiarly regrotable—that Harvard will prove to have a chance worth considering against the English crew, If sho should remain the association she would be obliged to tur- sh two crews—one for the six-our without a cox- ~wain, and another for the race with Yale, an eight-oai with a coxswain—for the style of rowing and prac: tieing required in an eight-oar, with a coxswain, Is so “entirely different from that required by a coxswainless 8ix-oar that the same men could not succeed in train- ing for both simultancously. Allowing that Harvard will in all probability be a loser in the University crew races next summer, what reason can be shown wh she should not rather withdraw now than to wait till she has suffered another defeat? Why all the other colleges should howl at taking the opportunity to re- tire from the association at such a time is obvious. Harvard has never won a race during her member- ) Ship of the association, Supposing it had won last jummer’s, could it retire with as good a grace in the eyes of its present vituperators as it does now? Yalo entered the association under prote: protested throughout its membership, and has now very properly withdrawn from an organization the expediency of which, 80 far as itself and Harvard were concerned, it never approved. ‘The error which Harvard com- mitted in advocating the formation of such an organization has of late been appar- ent tw , itself; and the blunder was in no way lessened by the strength of its advocacy in its incipiency, It soon appeared that at no distant day Such space as the Atlantic would become necessary to accommodate the vast numbers of the crews of the collected colleges of our country. The increased diffi- culty in rowing in the company of such huge collections of six-oared shells; the scantiness of traming accom- modatton engendered by the presence of so many rowers goon showed out glaringly, and of course should have been foreseen, but unfortunately were not, or were not sufficiently heeded, Then, too, the rank of many of the colleges is such that Harvard is placed in tho position of a big man fighting a little one—small glory z ined by victory, but much obloquy by defeat, Every Harvard and Yale man’s heart will toll him that they are each other’s proper emulators, and, though they quarrel sometimes, they are each other’s best friends at bottom, and can gain little, if, indeed, they do not sacrifice much, by losing theit identity among the maas of other American colleges. New Yor, Dec, 28, 1875, HARVARDIANUS. MUSICAL AND DRAMATIC NOTES. Campanini and Nannotti have been singing this month at Bologna. Stephen Heller has received another decoration, this time from Spatn’s boy monarch, “Ahmed, the Captive Prinee,’? is still running at the Arch st Theatre, Philadelphia. Mi Clara Sohumenn played coveutly at Divsiau her husband’s concerto in A minor. Signor Graziani will appear as Rigoletto during the } next carnival season at the Fenice, Venice. Miss Charlotte Thompson is playing “The Hunch. | back” and “Camillo” at the Walnut Strect Theatre, Philadelphia, Abragnedo, the tenor, who made such a fiasco here | during the Lucca season, is singing at the Teatro Ar- gentim, Rome. Stoly, Cary, Nicolini ana Cotogni will be the principal solo artists in the first performance of “Alaa,” at the Imperial Opera House, St. Petersburg. Miss Alice May,'primma donna, has reached Calcutta on her way from Australia, and bas made Eng!ish opéra | bouffe a greut favorite in the Indian capital. | Hans Yon Blow appears to-night at Chickering Hal! | in an entirely new programme. He will be assisted by | some of the best orchestra! players of the Philharmonic Society. ‘The concert for the benefit of Mile. Leonora Rita will | take place @ Chickering Hall to-morrow evening. The | lady will tave the assistance of a number of popular artisi | Miss Clam Morris had an immense house at the Brooklyn Atademy of Music on Christmas night, Her manager, Mi, John P, Smith, proposes to take her on a provincialtour, | Mr, JamesW. Morrissey, manager of the travelling | Fifth Avenut Theatre troupe, was the recipient of many | | valuable prefents from the company at the conclusion | of the New Gtleans season, Herr Edmwnd Kretschmer, a composer of Munic! | has brought ait with success at King Ludwig's Theatre | Royal a new ppera called “Die Folkunger,” modelled | upon Wagner’ two best operas, | | | Three performances of the ‘Messiah’? were given dur- ing the third yeek of (he present month at Manches- | ter, England. | In the same city Albani created quite a | turore in operaat the same time, On December Mme. Christine Nilsson had a benefit | at the Theatre Royal, Glasgow, in which she appeared | | as Valentine @ “Les Huguenots.” The house was | crammed in eviry part, and the fair bénéficiaro made the most brillimt success ever known in that city. Wachtel sing{ to-night at the Academy of Musicina | role iu which by bas won bis greatest triumphs, Mau- rico in “Il Trovitore.”” The rest of the cast is as fol- lows:—Mme, Wagner, soubrette, as Leonora (Mile, Kugenie Pappemeim, the best Leonora wo have had since Parepa an( Nrisson, being thrown aside, although belonging to thepompany); Mme. Clara Per! as Azucena, Mr. Gunzberger \s Count Di Lana, ja eieemiulomens THE GOPS OF THE GALLERY. | THBIs NOISY KUBERANCE AT BOOTH'S THEATRE. TO tHe Eprror y tr Heranp:— If Messrs Jarbtt & Palmer desire to retain the patronage of the kspectable class of the theatro-going public it would advisable for them to pay a little more attention to\he behavior of the habi(ués of the | gallery, or family \irole, in their theatre, On Christ. | | mas evening, prevpus to the rising of the curtain at Booth's, the pois; occasioned by the gamins in the upper circle, by witstling, shouting, &c., was perfectly horrible, and yet néattaché of the theatre seemed to endeavor mp miit. Even during the performance of the farce conelyding the entertainment the noise was such that tie aetorsand actresses could not be heard by the audionce, and it evidently embarrassed those upon the stage to an extent almost boyond endurance, until finally sme person behind the scenes, prompted one ofsthe gintlemen then acting to request the “‘au- dience to be nore quiet, in order that the farce might proceed.”” Why did not the gentleman address the circle from vhich the nolse came, instead of address- ing the whde audience? Several persons, including laches and tleir escorts, left the theatre before the close of the jerformance, Surely some means might be found by wich the fortunate possessors of seats in tht orchestn or lower circles might be free from the disturbance of those more elevated jn their position, It remindedone of the Oid Bowery instead of a more fasbionableresort, CONNIB. New Yort, Deo, 27, 18 \CHARLES O’CONOR. Fort Wasmxotox, Deo. 28—11:16 P. M. Mr. O'Coyor was bright and cheerful this morning. He took sone food at about two o'clock and afterward voice of indignation is heard in the land, but not the | AUDITOR THAYER. Yesterday's Proveedings Before the Board of Cana) Commissioners. MR. THAYER’S DEFENCE. Tilden Orders the Auditor's Suspension Governor ALBAsY, Deo, 28, 1875. ‘The Board of Commissioners of the Canal Fund met | at half-past ten o'clock this morning, to consider the charges made against Hon. Francis § Thayer, Auditor of the Canal Department, - There were present the | Lieutenant Governor, Attorney General, Comptroller, | Secretary of State and Treasurer—a full board, ‘The Auditor was present, and also his counsel, G. W. Miller, The Lieutenant Governor stated the object of the | Meeting, and said he did not know whether any of the | The | meinbers of the commission would be present. testimony, he added, was bere. Mr. Magone, of the commission, here entered the | Toom, Mr. Miller said since he had taken his seat here this testimony had been placed in his hands for the frst time, He had asked from time to time for it, but had been unable to procure it until now, He hoped there was no disposition in this Board to act unjustly in this matter, which was a very important one, He declared | the Auditor had not had a proper and fair trial. He | insisted that if he was to be tried the charges and specifications should be distinctly set forth, and the laws alleged to have been violated cited. But here, at this late moment, we have a batch of testimony amounting to 125 pages to act upon without considera. | tion, Comptroller Hopkins moved that the Board go into secret session, Curried, and the room was cleared of spectators, ‘The aoors were reopened In halfan hour and the Sec- Peo of State was designated to act as Secretary of the Onn | The Lieutenant Governor said:—Mr, Miller, this Board has determined to decide upon this question and it you have anything to say it will have to be to the charge made in the report made to the Commissioners, ae is in substance that the Auditor has violated his | uty. Mr Miller then proceeded to address the Board, arguing that the law which pointed out the duties of | the Auditor must be followed strictly—that is to say, it must be learned what his duties are, first, and then | whether he has violated them. Now iti chargea, so far as he could understand the matter, that the Auditor | has speculated in—either for himself or othors—certiti- | cates which were eventually to pass through his hands | for payment. Ho said the first charge was that he bad speculated in certificates when there was money in the treasury to pay them. He had investigated this charge | and found that it had reference to certificates amount- ing in the aggregate to $15,000. The other charge in- | volved certificates amounting to from $160,000 to | $200,000. Now, in these cases there was no money in | the treasury to pay them, and he had accommodated the contractors by procuring the money for them. That was all there was in those cases. There was a profit following these accommodations, but 1t amounted to no | great sum. It was for you to say whether there was a violation of duty i this matter. If the law requires him to pay a certificate when there is no money to pay | | it, and he declined to pay it, then he has been guilty of | | a violation of duty. But there was no violation of | duty in this regard, and it comes down to this, Did | hedecline to pay from a bad motive? That isthe | question, and when motives are to be considered they | want to be closely scrutinized, This officer has adis- | crimination placed in his hands; matters are left to his judgment, He gxercised that dis- | | ermination and judgment when he promised Com- , | missioner Barkley that he would reserve | | asum of money to pay certain certificates. There was | not enough money to pay all. Some had to go with- | Out payment of their certificates. Now, what did he | dot He did nothing to take money out of the treasury. | | He was beset at a time when a panic was in the country | and money wus not to be got anywhere. Did he use his position to secure money wronglully from the treasury for these men? Not at all. He took no | money out of the treasury; he simply said that there | was no money to pay with, and then {rom his private means or froin those of others money was provided. This was no violation of law. The law was, on the cou- trary, adhered to, If his offence consists in his pur- chasing there certificates, show me the law, he said, which prevented him trom doing so, It inay have | been unseemly and indecorous, but it was not a viola- | tion of law, and that is what you have to pass upon. You are asked whether he has Violated the law setting forth his duties, and can you port to any prevision which prevents him or any one else from purchasing these certificates ¢ i The Lieutenant Governor said 1t could not be said | that the Auditor had yrolated bis duty im refusing to | and folios referred to above, as to George M. Feserutton was etopted Dy tne wnowmg vote:—Yeas—~ Dorsheimer, Willers and 3 Hopkins, 1. The Commissioners of Fuud then ad- journed. AUDITOR THAYER SUSPENDED. Below is a copy of the points submitted by the Canal Investigating Commission to the Commissic ers of the Canal Fund with reference to the test mony proving each particular charge against Auditor Thayer, Copies of them, and also of the testimony» were also yeaterday transmitted to the Governor, to whom was also transmitted the requisition of the Commissioners of the Canal Fund immediately after it was made—about one P. M. Before four o’clock a despatch was received from the Governor directing the order to be entered for the Auditor’s suspension. Before leaving his office this evening the Auditor was served with a certified copy from the Secretary of State's office of the order for hit suspension. His successor’s name, if any has been appointed, has not yet transpired, The Deputy Auditor is in charge of the office. The Commission to Investigate the Affairs of the Canals of the State present to the honorable Commis sioners of the Cana! Fund:—That Hon. Francis 8. Thi , Auditor of the Canal Department, has violated his duty uch Auditor, in respect to the public mon- eys in bis charge and subject to his draft. First—In that on the 2ist day of July, 1874, he pro- cured the passage of @ resolution by the Coinmissionera of the Canal Fund, whereby $200,000 of the Sinking Fund was directed to be invested in the taxes to be levied pursuant to chapter 462 of the Laws of 1874, and after procuring the passage of such resolution did «ct apart such sum in violation of the constitution, That the Auditor’s motive was to benefit George D. Lord, That in carrying out said intent the Auditor paid $120,497 02 of said sum of $200,000 so set apart within two days thereafter to Thaddeus ©. Davis, ag the agent of George D, Lord. That this tion of the constitution (see art. 7, sections:2 a! 13). That the Auditor is responsible for this misap, cation of money (see his testimony, pages 74 and folios 1,016 and 1,031), Second—In that, on or about the Ist day of Decem- ber, 1874, there being money subject to the warrant of the Auditor for that purpose, said Auditor refused pay- ment to S. R. Wells, administrator, of an award in hig favor of $5,207 50, on the false pretence that he had no funds, and immediately after such refusal negotiated the purchase and did purchase the said award at about $200 less than it called for of principal and interest, and on the th day of February, 1875, andited the said. claim at’ the sum of $5,454 and drew bis warrant therefor in favor of George A. Stone as assignee. Stoue nad no interest in the transaction, and the Auditor tes- tifies that it was purchased for his brother-in-law, KE. J. McKee. As to the evidence of this charge, see the tes- timony of 8, R. Wells, page 37, folios 51% to 517; the testimony of D. Willers, Jr., page 42, folios 50, and'592 the testimony of the Auditor, pages 66, 67 aud 68, fol 903 to 922; that the profit went to the benelit of the Au- ditor, Sea page 98, folios 1,259 to 1,261. Third—in that on the 11th day of Mareh, 1875, there being money subject to the warrant of the Auditer for that purpose, the said Anditor refused payment to George M. Case of an award !n his favor of $9,768 71 on the false pretence that he had no funds, and immedi- ately after such refusal negotiated the’ purchaze and dia purchase said award. including the accrued inter- est, at $10,510 73, and did, on tho 20th day of May thereafter, audit said claim for the full athount thereof, including interest, to wit, $10,730 60, and drew his warrant therefor in favor of George A. Stone, as- signee. George A. stone bad no interest in the pur- chase, as appeared by his testimony (pages 9 and 23, folios 113, 117, 813 and 814), and the Auditor testified that he made the purchase for his brother-in-law, E. J. McKee. As to the evidence, see testimony of Abditor ‘Thayer, pages 66, 90 and 98, folios 895, 900, 1,218, 1,219, 1,259 and 1,261. Fourth—In that on the 1ith day of March, 1875, the Auditor purchased 1 certificate in favor of E. H. Frenc for $1,184 26 at a diecount of $2464. It was pad May 20 thereafter at its full face. As to the evidence of thie transfer, see testimony of Auditor Thayer, same pages 's cer- tifieate. Fifia—tn that on the 12th day of April, 1875, Auditor Thayer purchased sixteen Canal Commissioner's cer- tificates, amounting in the aggregate to $29,962, from Nehemiah L. Osborne, at a discount of seven per cent per annum from the face thereof; but for what length of time the discount was made we are anable to ascer- tain further than that the time was {n excess of the time between the purchase and payment by the Audi- tor, These certificates were paid May 20, 1875, to George A, Stone, That the Auditor derived a personal advantage from this transaction, see testimony of George A, Stone and of Auditor Thayer, pages 83 and 98, folios 314, 1,259, 1,261. ‘Sizth—In that onthe 28th day of April, 1875, the Anditor purchased from H. D. Denison five Canal Com- missioner’s certificates of the aggregate value of $49,610 at a discount of seven per cent per annum, but for what time he discounted them we have not been able to ascertain turther than that it was in excess of the time between purchase and payment, On the 20th day of May thereafter the Auditor audited waid cer- tiflcates and drow his warrant for payment thereof in | favor of George A. Stone, assignee, at $54, 06 and | the amount gained went to the personal advantage of the Auditor. As to the evidence of this transaction, see the testimony of George A. Stone, page 23, folio 14, and that of Francis 8. Thayer, page 62,’ folios to 709, That the Auditor derived a dircet personal advantage from this transaction, see the testimony of F. 8. Thayer, page 98, folios 1,260 and 1,261. ‘Seventh—In that on the 20th day of April, 1875, the Auditor purchased from H. D, Denison six Canal Com- missioners’ certificates of the aggregate amount of | pay these certificates, The charge is that he became | $30,687 at a discount of séven per cent per annum, bus | must be opened in time. interested in these certificates which he retusod to pay at some time. Mr. Miller—Yes, I will come to that. He then in- sisted that he violated no duty which he owed to the State. If he bad injured any one it was the party he bought the certificates of, He did not injure the State in these purchases, He had discharged his duty to the State fully. He bad retused payment when there was no money to pay, This was his duty to the State, and there the interest of the State stopped and ceased, He then referred to the Governors Message on canal affairs, and said it had the effect to damage all canal securities ; it had the effect to depreciate them. It was feared the canals would not be opened in time for navi- gation. You know the Auditor had a conversa- tion with the Governor on this very subject. The substance of the conversation was that the contrac- tore were alarmed; they could not raise money on their certificates and they threatened togive up their con- they were, unless they could have money. communicatedto the Governor that they must have -money and there was no way to get it except from the State, The Governor said:—‘Gentlemen the canals You must do the best possible to accomplish it.” Then what does Mr. Thayer do? Why, being connected with a bank, he made arrange- ments: with that bank to advance money to the amount of $160,000. Was this a good or bad act? He is abused trom one end of the State tothe | other for doing what? Why, for securing money for | the contractors at simple interest and securing the opening of the canals in time for navigation. Now this is what Mr, Thayer has done, and do those who | got the money and paid simple interest for it com- plain? He then referred to the Willard Johnson cer- Uficates, which, he Pieced not yet been paid, and the man who holds them holds them yet at a risk; but what bas that case to do with the charge here? those certificates have not yet been The Auditor had not made one singlo cent these transactions; there was nothing to make, Mr, Thayer bas simply acted as a friend of these contractors and he has their gratitude, The Lieutenant Governor said he would like to ask a question. The Auditor by purchasing the Willard John- son certificates had become interested in them. Now did he not violate his duty in putting himseM in such a position, knowing he would have to audit them, and also knowing that the contract on which they were issued was fraudulent? mi Mr. Miller—He would violate his duty the moment he fraudulently audited those certificates, Counsel then proceeded to say that all the Auditor nad to do in the matter of these certificates was to seo that they were in proper form. He has no right to go back to the contract and see if it was fraudulent. Comptroller Hopkins then offered a resojation pro- viding that the testimony taken before the Cana! In- vestigating Commission and their report thereon im the tion as he might see fit to take. Mr. Hopkins said ho offered such a resolution for the feason that he had not read the testimony on which the Board was expected toact, The resolution was lost by a vote of Lycato 3 nays, as follows:—Yea, Hopkins, 1; nays, Dorsheimer, Willers and Pratt, 3. Treasurer Rainer was absent on account of illness. Attorney General Pratt said he was very anxious that the matter should be placed before the Senate without joes of time, and would have favored in the first in- | stance a resolution referring the matter to the Senate. Such a reference now would took like an evasion of responsibility on the part of the board. Counsel had conceded that the course pursued by Mr. Thayer had been in violation of good taste, and hence tho Board ought to do nothing to encourage such conduct. He had doubts to whether the Auditor’s case came within the statute to which reference had been made, and in deciding how to con strue those doubts he was inflaenced to throw them against the Auditor by remembering that it was ad- mitted that he had acted in an unbecoming manner, He then reviewed some of the testimony, dwelling par- ticularly upon tho Wells and Case certificates, He would not take any action against the Auditor, because he had advanced money to finish necessary work on the canals; but some of b ferent nature, In conclusion Mr. Pratt offered a reso. lution, Which was modified at the suggestion of the Lieutenant Governor so as to read as follows:— Resolved, That, a requisition ts hereby made npon F Excellency the Governor to suspend Francis 8. Thayer, t Auditor of the Canal Department, and to appoint a suital yerson to perform his duties if it shall be made to appear to Rim that the swid Auditor has violated his duty in respect to she public moneys in his charge and subject to his draft, the particulars of which alleged violation of duty appear in the Teport of the Commission to Investigate the Affairs of the canals of the Stato, which has been submitted to this Board, and which is herewith transinitted. When Mr. Dorsheimer’s name was called on this question he spoke as follow: Should this inquiry re- sult in the suspension of the Auditor it may become my duty to preside over the Senate during the trial, This furnishes mason why I should not express an opinion on merits of the charges which have been presented against him, It is enough to say, as a reason for my action, that in my opinion the testimony taken before the Canal Investigating Commission establishes a case sufficiently strong to require this Board to mmitiate such proceedings as will present the matters alleged against the Auditor to the tribunal which, ander the laws of the State, has final jurisdiction in the prem. did not ajpoar ¢o well, After nightfall, however, he a into aquiet sleep, which continued for several | ure in” Mr, Dorsheimer then voted in the affirmative and the tracts and leave the canals in the unfinished condition | It was | the | audited, | on | Thayer matter be referred to the Governor for such ac- | transactions were of a dif- | for what length of time he disconnted them we have | not been able to ascertain farther than that it was greater than the time between the purchase and. pay- ment; that onthe 20th day of May thereafter the Auditor audited these certificates and drew bis warrant therefore, in tavor of George A. Stone at $31,163 03; that the personal gain from this transaction ‘went to the personal advantage of Francis 5. Thayer. (See bis testimony, page 98, folios 1,259 and 1,261.) | Kighth—That the Auditor drew his warrant in. pay. ment for a Canal Commissioner's certificate, in favor of John D. Hamilton, for $38,000, on the 28tn day of vune, 1875, in vioiution of law in this—that he paid it without | the sworn statement of an engineer, as required by | statutes, | th—In this—that the Auditor in June, 1875, pur- | chased a Canal Commissioner's certificate, subject to his own audit, from James P, Buck, for $6,495 28, at a discount of ten per cent, (For the evidence of specifica- tion see testimony of James P. Buck, page 30, folio 416.) The Auditor claims to have made this purehase | for his brother-in-law, E. J. McKee. | Tenth—In this—that on the 2d day of July, 1875 the Auditor purchased Canal Commissioners’ certificates, subject to his own audit, to the amount of $49,953 91 at | a discount of eight per cent and accrued interest in | tavor of the purchaser. (For evidence of this purchase see testimony of Willard Johnson, page 40, folio 501 | and testimony of F. & Thayer, page 69, folios 936 and 951) Eleven‘h—In that in addition to those above enumer- ated the Auditor purchased between the “%h day of March and the 14th day of July, 1875, Canal Commis- sionera’ drafts and certificates, subject to his own audit, to the amount of $64,959 81, all of which he afterward audited and drew his warrants in payment | thereof (As to the evidence of these several transac- tions see the tcsiimony of George A. Stone, page 27, | folios 371 and 372.) That the Auditor derived a direc personal advantage from these transactions. (See the testimony of F. 8. Thayer, page 98, folios 1,260 and 1,261.) JOHN BIGELOW, A. EB. ORR i ! JOHN D. ¥AN BUREN, Jr, | D. MAGONE, Jr., Commissioners, ORDER OP SUSPENSTON, The following is a copy of the order of suspension of Auditor Thayer :— Strate or New York, EX&cuTive Chamner, Whereas the Commissioners of the Canal Fund, by | their requisition bereto annexed, have required or rec- | ommended the suspension from office of Francis S. | Thayer, the Auditor of the Canal Department; and, whereas it has been made to appear to me that the said bac | 8. Thayer, as such Auditor, has violated bis duty iff respect to public monies in his charge, and sub- | Jeet to his order. Now, therefore, In pursuance of the provisions of section 2 of chapter 783 of the Laws of 1857, | do here- by suspend the said Francis 8. Thayer from his office as Auditor of the Canal Department, | Ia witness whereof I hereunto set my n: | caus to be affixed the privy seal of this State, th 28th day of Decomber, 187 SAMUEL J. TILDEN, By the Governor, CuaRLEs 8, Stxxsins, Private Secretary. The following communication was addressed to the State Treasurer this alternoon, and is presumed | have been provoked by the issue of some recent | rants from the Auditor’s Department in | ms, which the Auditor has reason to | more or less tainted with fraud :— Stark op New York, Exscuttve Caamngr, | Atpaxy, Dec, 28, 1876, | Hon. Tomas Rares, Treasurer:;— | Sm—The Governor instracts me to advise you that | the Auditor of the Canal Department has been this | day suspended, and to request you to scratinize care- | fully all warrants drawn upon you by him and evil u aid, and to ret to pay any you may find that are in | any respect suspicious until they can be investigaied, L | remaim, with great respect, yours very truly, T. PELTON, Military Secretary, Treasurer Raines’ absence when the vote on the re. moval of tho Auditor was taken to-day on the plea of | illnesa 18 the subject of much speculation here, ti more so as he is reported to have been if favor Of re- cognizing the validity of the Auditor's warrant, issued lust week, for the payment of a $78,000 drait on the Black Rock harbor work. ye of now were A SLOOP-OF-WAR SOLD. The sloop-of-war Deiaware was sold at auction yes torday atthe Brooklyn Navy Yard, The céinpetition was pretty lively, the first offer being $10,000, but she was finally knocked down to Captain Buhler for $20,300. She had neither furniture nor engine, and it will take $500,000 to replace the latter. The vessel was launched {n 1866, and has only madé one cruise since, having been used principally about the harbor, She has been for several years lying im ordinary. She was a built rather for speed than for strength, capabi of making sixteen knots an hour, th is 312 feet lor at the wator’s edge, and measures 45 feet beam. MH: capacity is a tons. Though in vory bad condition at present almost useless for warlike purposes, ebe could be made usefal in the merchant service if thor. oughly repaired and overhauled,