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BOARD OP APPORTIONMENT, Concluding Session on the Estimates for 1876. D BY TAXATION. $30,904,895 64 TO BE RAIS Protest trom Comp- troller Green. i MONEYS, DISTRIBUTION OF THE CIs Another meeting of the Board of Estimate and Ap- portionment, which lasted several hours, was held yes- terday. Mayor Wickham, Comptroller Green, Alder- man Lewis and Tax Commissioner Wheeler were present. Considerable discussion ensued at the early part of the session as to the powers of the Board in deducting | the general funds from the entire estimates for 1876, Subsequently Corporation Counsel Whitney gave his opinion that it was advisable to make the deduction, The whole estimates were then read off and passed, with $4,000,000 deducted as the general fund for 1871 Jeaving $30,904,395 64 a8 the gross amount to be raised for the ensuing year. When the name of Comptroller Green was called on the final vote he read the following protest against cer- tain items of the budget:— Crry or New Yorn, DxPARTMENT OF FINANCE, Comprronier's Orvice, Dec. 29, 1875. To THE Boarp ov ESTIMATE AND APPORTIONMENT :— The Comptroller hereby submits his emphatic pro- test against the action of this Board upon the final estimate for the year 1876 in respect to certain {tems of appropriation wherein his own judgment as to their legality, insufliciency or excess have been overruled by the other members of the Board, among which may be particularly specified the following, to wit:— 1. The item of $12,500 for the Bureau of Permits, Mayor’s office, on account of its illegality. 2 The item of $30,650 ior rents under resolutions of the Common Council, the leases of the premises not having been executed, while the rents are extravagant. The premises are not needed for the interests of the city, and there is no lawful authority for incurring the expense, 3. The item of salaries for the Department of Public Works. The salaries in that department are, in many cases, too high, and should have been reduced. 4. The item of sularies for the Department of Taxes and Assessments, which is grossly excessive, 5. The addition of $6,000 for salaries of clerks to the Commissioners of Accounts, which is an illegal and un- necessary expense. 6. The items of judgments and real estate expenses, for which purposes the amounts appropriated aro wholly inadequate. The demands for these objects are imperative in their character and must be met, so that ihe deficiencies in these appropriations are only ap} ent reductions in the amount of taxes, which mnust be provided for at some future time. 7. The item of salaries of the Finance Department, which has been cut down largely trom the most careful estimates of the ComptroUer, based upon the actual current expenses, and in view of the most rigid econ- omy, after previous reductions had been made, down to the indispensable needs of the department for conduct- ing its business. 8. The general fund. There has been deducted from the final estimate on account of this fund the sum ‘of $4,000,000, while a careful estimate made by the Comptroller of the amount of revenues of the city to be relied on for the year 1876 belonging to this fund, in- cluding a possible surplus of 1875, shows that it ‘will notexeced the sum of $3,294,800, the particulars of which have been fully presented in a communication of December 20, 1875, submitted to the Board of Esti- mate and Apportionment, 1 therefore protest against this over-estimate of the revenucs of the general fund to the amount of nearly three-quarters of a million dollars as fllegal, and de- ducting this large sum in excess of the just amount from the final estimate, the certain result of which, under an apparent reduction of taxation, will be a de: ficiency in the product of the taxes of the year 1876 to meet the appropriations, which deficiency Will have to be provided for subsequently. The Comptroller, there- fore, votes now for the final estimate for 1876, not will- ingly, but, as he did for the provisional estimate, in order only that the public service 1oay not be em! rassed by a failure of the Board of Estimate and Appor- tionment to adopt and approve of it within the pre- soribed time, and not because he sanctions and ap- proves of ibas a whole. The estimate as passed is cal- culated to seriously embarrass the public service, and fails to make provision for its exigencies, which must be met by future taxation or future increase of the debt, ANDREW H. GREEN, Comptrolier, The protest was received and ordered on file. The budget then received a concurrent vote of the four members and was thus finally passed. WHE DISTRIBUTION OV EXCISE MONKYS—LIST OF CHARI- TIES. Comptroller Green presented the following: Crry ov New York, Darantaent or FINANcE, Comprnouien’s Over, Dec, 20, 1875. To Toe Boarp or Estimate AND APPORTIONMENT: — Herewith I present to the Board a list of the charita- ble institutions applying for moneys from the ex- | mse fund. | By the act of 1875, providing for the distribution of | the excize moneys, it cannot be made in round sums, | ws heretofore, but must be made upon a per capita | basis. The Jaw does not fix the rate of per capita allowance, nor prescribe any mode of determining it, | but leaves the matier to the Board of Estimate and Apportionnient. It is obvious that no one rate per capita can be acopted for distributing the moneys among all the dif- ferent kinds of charitable institutions contemplated by the law. Ihave endeavored to get the best and most | reliable information respecting these institutions, so that the distribution might be fairly and equitably made capita, according to their relative uselulness in re- fleving the sick and suffering poor. Many of these in. stitutions are not very systematic in keeping the | statistics of thelr charities, and they vary greatly in, the nature and extent of their operations, making it | very difficult to determine between their respective claims for a share of the excise money and to fix a per | capita allowance for cach kind of charity, Some insti. | tutions are of old standing and well endowed, and, | while they may render aid to a greater nutnber of | sons, they have less need of public aid, perhaps. than | younger institutions struggling to maintain theinselves, | Asatisfactory classification of these institutions ts | Bot casily accomplished, It would be quite unjust also to give to an institution that merely furnishes a dose | of medicine or a single meal to a person the same rate | per capita as to another that supported a patient fora | whole year, or that cared for @ patient for a iong period | after performing a dificult surgical operation. | { In view of all these considerations the best bas been done that seems possible to provide equitably tor all, and | submit to the Board a list of charitable institu- tions for distribution of the excise money among them | upon a per cupita basis, arranged as far as practical ac- cording to the nature and value of the charity, ANDREW H. GREEN, Comptroller, DISPENSARIES, Name. New York Dispensary Demilt Dispensa: Eastern Dispensar: Northeastern Dispensary. German Dispensar: Northwestern Dispe: Northern Dispensary. Yorkville Dispensary. Harlem Dispen! West Side German Dispensary Western Homopathie Dispensary. ......... Tompkins Square Home@opathic Dispensary. New York Homeopathic Medical College Dis- pensary. esis Northeastern Homeopathic Dispe: Y. rkville Hommopathic Dispensary New York Free Dispensary tor Sick Metropolitan Throat Hospital...... * New York Dispensary for Diseases and Chest........: Veceies Gadel HOMES AND ASYLUMS. Asylum of the Sisters of St. Domini Five Points House of Industr; Institution of Merey...... 8t. Joseph's Industrial Hom: dren. Home t of the Poor)......- Jozeph's Home for heltering Arms tion for B Young Girls.. Home tor Aged and Inlirm Hebrews St. Vincent's Home for Boys.. Chapin Home for Aged and Infirm. St. Vincent's Industrial Home (for girls) Samaritan Home for the Aged St. Barnabas’ House. Home for Incarablos. . Home for Old Men and Aged Coup! House of Rest for Consumptives,,..... New York Asylum for Lying-in Women. 8t. Stepben’s Home for Children... Home ior Fallen and Friendiess Girls 6t Luke’s Home for Indigent Christian F mal «+ 1,500 Allowance for 187 $1,285 . +. 8, 6 for Destitute Chii- St, Francis’ Hospital New York Orthopiedic Dis St. Vincent's Hoxpital.... Mount Sina) Hospital. 31. Luke's Hospital...... .. New York Medical College and WOMmen,.sesseee eeenens 543 40 German Hospital 690 00 St Klizabeth’s Hospital. 700 00 Bt Mary's Free Hospital f 200 00 INPIRMARIES, New York Opthalmic and Aural Institute, New York Eye and Ear Infirm: 2,047 20 | New York Infirmary for Women and Chiidren, 1, 30 | West Side Infirmary for Diseases of Kye and | Throat...... teeeves 171 80 | Manhattan Rye and Ear Hospital 643 60 New York Bar Dispensary... 818 00 | New York Opthalmic Hospital. 718 we | | district last month; ex-Sebat | quire tive democratic votes to make the support of the | Alderman Seery presided, After a short session it | Was agreed to select Samuel A. Lewis President of | one or two exceptions, will also be reelected, Alder- | potentiary and Envoy Extraordinary of Venezuela to | this country. | intervention of our government in the crave disputes | | which | ina room of the public school, in Fortieth street, be- | tween Seventh and Eighth avenues, Buckhurt gave his | on the stomach with his crutch. The boy for overa | MaeWhinnie NEW YORK HERALD, THURSDAY, DECEMBER 30, 1875.—-WITH SUPPLEMENTS. for the Beuent of Colored 0 Association for nent of 101 Lad phans - $1,375 00 Asylum 650 00 nt Home and Asylum o! Orphans’ scopal Chureh. G 760 00 St. Joseph’s Asylum. 990 Roman Catholic Orphan Asylum. vee+- 6,085 00 CHARITABLE SOCIBTIES AND MISSIONS. The Church Mission to Deaf Mutes. $450 00 Five Points Mission. Howard Mission... a see Ladies’ Union Relief Association for Care of Disabled Soldiers and Their Families....... 4,200 00 Ladies’ Society for the Support of Widows and Orphans, seen 1,250 00 New York + 1,314 00 | New York Female As: | _ Relief of the Sick Poor New York Free Medical College for Women. Prison Association of New York St. Jobn’s Guild........... - + 3 Society for the Relief of Destitute Children of ROEIO et ecsexcevensssse ae Society for the Relief of the Destitu (Home for the Blind)... | Society of St Vincent de Pi New York. Training Sch 5 United Hebrew Charities of the city o York Wilson Industrial School and Mission Woman’s Aid Society and Home for Training Young Giris....... Women’s Prison Association + +.$100,908 69 A resolution was passed in accordance with the above communication, when the Board adjourned. THE SINKING FUND. IMPORTANT SESSION OF THE BOARD OF COMMIS= SIONERS—THE INMAN PIER PURCHASE. A meeting of the Commussioners of the Sinking Fund | was held in the Mayor's Office yesterday afternoon, Comptroller Green, Mayor Wickham, Alderman Gross, Chamberlain Tappan and Recorder Hackett were pres- ent A resolution of the Dock Commissioners authorizing the purchase of pier 44, North River, by the city, which has been in consideration for somo time, was again called up. Itis proposed to purchase this pier | from the Inman line of steamships for $250,000. A now dock will then be erected, for which ts expected an annual rent of $30,000, Mr. Edward Fitch, from the Council on Political Re- | form, made a speech in opposition to this scheme, He | said that the cost was excessive, The city soldthe pier | | im 1855 for $20,000. Estimates had been procured of the cost of building the pier, which ranged from $16,000 to $18,000. ‘The city acquired nothing by the purchase | but the pier and its appurtenances, The title to the | land upon which the pier was built was vested in the | State at that timg, aud was not conveyed in the sale by the city in 1855, “The riparian owners formally relin- quished any claim they might otherwise have had to the land under water upon which the pier was built by neglecting to join the city in its structure, The con- | sent of tbe Sinking Fund Commissioners to the pur- chase involved the city in @ further expense of $85,000 | in removing the pier and building a uew one on tho same site, ing the total cost $335,000, Dock GofMmissioner Dimock followed in a short | speech explanatory of the reasons why such@ purchase shonid be taade, He stated that a large annual rental | | could be procured for the pier when completed, and offered other urguments to prove that the expenditure was a Decessary One and would prove of great benefit to the city. Comptroller Green wished to have the proposed agreements with the Dock Commissioners and all other details laid betore the Sinking Fund before any action was taken. He was seconded in this proposition by Recorder Hackett and Alderman Gross, after which the resolu- Bile of the Dock Commissioners was laid upon the table, i COMMISSIONER WALES’ LATE SPRECH. Recorder Hackett presented a communication from | a former emplby6 of the Dock Department (who was | understood to be Chief Engineer Graham), complaining | of misreprésentavions in the speech of Commissioner nals delivered at the last meeting of the Sinking | und. Mr. Dyckthan, clerk of the commission, proceeded to read’ this, document, when be was interrupted by Mayor Wickham, who stated that such attucks out of order. Comptroller Green and Recorder Hackett wished the paper read. After some debate consideration of the document was handed ovér to the Comptroller, when the com- mission adjourn were | PUBLIC WORKS. EXPIRATION OF) GENERAL PORTER'S TERM OF OFFICE—WHO WILL BE HIS SUCCESSOR? Commissioner Fite John Perter’s term of office as Commissioner of Public Works expired yesterday, For some time past the démocratic and republican politi- cians as well have been considerably exercised over a rumor which gamed considerable credence a few days ago that the Mayor had decided to appoint a republican to the office, with the aid of the republican Aldermen and the necessary number of the democratic members to make confirmation of his nominee a certainty. It is almost needless to state that there never was at any time any foundation for the rumor, Just” who the coming man is ts as Yeta mystery, as the Mayor yes- terday refused in the most positive manner to state whether he bad as\ yet made up his mind whom he would appoint. The! Board of Aldermen meet to-day and it is possible that the Mayor may send in the nano | of General Porter’s suceessor; but though it 1s possible it is highly improbable. je has, under the charter, — ten days from the) date of the expirauon | of General Porter's erm to think over the matter, and as the Common Council will meet on Monday next, ni made until that day, 'T legion, the more promi who was defeated in the faci z 3s & s s o s & $ gs é ing Sidney P. Nichols, for Senator in the Fifth John Fox, James Daly, st. Some of the de will be appointed, nds fifteen democrats thus be seen that if | mablican he would re- | Arthur Leary and George J, F ocrats believe that John T. agi ‘The’ new Board of Aldermen to seven republicans, and It wi the Mayor desired to appointa ri seven republican members of apy"use. This fact of it- | self 1s suflicient to show that §e nomination of a | republican to the position is altogether out of the ques- tion, Stillit may be stated, beca it was yesterday one of the rumors of the dayin the quarters whero local politicians most do congfegate, that a strong eflort is being made some of the | Custom House — politicians to, secure the | pledge of some of the democrats in the new Board to | the support of a “moderate” republican in return for favors to be granted at Police Headquarters in the near future. Until the Aldermen meet to-day, howeyer, nothing definite can be stated as to whit is really on the apis, and probably even then everything will be as great mystery as before, as, if no nomination is sent into the Board to-day, the politicuns will gen- erally be kent in the dark about the Mayor's inten- tions until New Year's Day, when the new Board come into power, ‘| ALDERMANIC CAUCUS, The democratic members of the new Board of Alder- | men held a caucus at the City Hall yesterday afternoon. the Board for 1876, Francis J. Twomey Clerk, William H. Maloney Deputy Clerk and James Walsh Sergeant. at-Arms, It 1s probable that all the minor officers, with man Parroy is understood to have been a candidate tor the Presidency against Alderman Lewis up toa few dayé since, but Mayor Wickham desired the place {or ormer, and thus the slate was completed. VISITORS FROM VENEZUELA. News has been received in this city of the most re- liable nature that President Guzman, of the Republic of Venezuela, will be a visitor to the Centennial Exhi- bition at Philadelphia, and that be will also travel ex- tensively in the United States, Mr. Pile, former Minister of the United States to | Venezuela, will shortly leave Caracas on board the | steamship Bolivar for Philadeipbia, as Minister Plent- One of the most important tasks he bas boon intrusied with is to facilitate the sectlement of the claims of this country upon the Venezuelan govern- ment. Mr. Pile will, it is understood, aiso solicit the have Venezuela, A SCHOOLBOY lately arisen between “Holland and | S DEATH, | On the 16th inst., as William McDonough, nine years | old, and another boy, named+Buckhart, were playing | playmate a push, which made the latter eollide with | | the assistant janitor of the building, @ lame man, | The cripple was provoked, and he struck McDonough week complained of pains in the stomach, Last Friday | it was found necessary to call im a doctor (0 examine | the wound, and from that time he continually grew | worse, Yesterday he died. Deputy Corouer pr, | mado a post-mortem examination and found that death resulted | tranmatic peritonitis, He found no ex. | r marks of violence, The janitor had not been | ning, nor iz his name known which may ted for by the desire of MeDon: ough's mother to the matter quiet. She informed | Dr, MacWhinnie yesterday that it was her wish tha the | affair should gain no publicity, but the doctor toplied that it was the Coroner’s and his duty to find out it criminal violence had been perpetrated, and, if ithad, | to bring the guilty person or persons to just Goro: per Croker will hoid an mouest next Monday, last from t arr evoning, | Father Hennesse: | Shanaha . MISSOURI PACIFIC RAILROAD. A PROPOSITION FOR A SEPARATE RECEIVER IN- DORSED. ry The adjourned meeting of the Missouri Pacific Rail- roaa stockholders was called to order yesterday at noon by Colonel J. H. Britton, Mayor of St. Louis, Mr. F. A. Otis acted as secretary, Mr. John H. George, rep- resenting most of the Boston stockholders, offered | resolutions naming Messrs, Abraham Baylis, R. T. Cut- ting, W. H. Morrell, John R. Cecil and Jacob Cromwell | a committee of stockholders to investigate the affairs | of the company, and, with the directors, to arrange with | the Atlantic and Pacific Railroad an arbitration of all difficulties between the companies, Mr. Bowman, representing St. Louis county and the | State of Missouri, wished to show how the road could | be made to pay a dividend and how its stocks could be | brought up to par value, He made a statement of its history since 1871, when the Atlantic and Pacific Road, by buying up some of the Missouri Pacific stock, ob- tained the control, They leased the Missouri Pacific for 999 years to the Atlantic and Pacific, and as the stock advanced directly after they unloaded, Since then wages have been cut down and incompetent men employed, while the road has been run in the interest of Wall street speculators, The Atlantic and Pacitic Company had power to borrow mouey ‘for the im- provinent of the road,"’ They issued $4,000,000 of bon and no improvement was seen. The people of Mi souri loaned its credit to the road to over $11,000,000. ‘The Legislature was bribed to unconstitutionally re- lease the State’s lien for $5,000,000. Litigation in consequence followed. New bonds’ were issued to pay dividends, thus impairing the ital. All the direct- ors present at meetings where the capital stock was thus impaired are personally liable unless they im- mediately enter their protest, The bill to foreclose the mortgage was prepared in New York before the stockholders knew of it They gave bouds for $4,000,000 which are only worth $2,500,000. We can compel them to take them back and save $1,500,000, By next Tuesday the question will come up as to’ the appointment of separate receivers. The best thing for thig meeting to do is to authorize the committee to co- operate with the county of St. Louis for your mutual protection, Mr. Hays, one of the directors, explained the condi- tion of the Board, He characterized the suit of the ans of Missouri as the biggest effort to destroy the road, Mr. Bowman offered asa supstitute for Mr, George’s | resolutions a declaration in favor of the appomtment of. separate receivers for the two roads, and that for the Missouri Pacific no one should be named who holds the third mortgage bonds or who is interested in the Atlan- te and Pacific Company; also in favor of a new election for directors of the Missouri Pacific Company, On a vote by stock 20,868 shares sustamed the sub- stitute, and 6,351 shares were recorded against it. The meeting adjourned, subject to the call of the Secretary. A conference of the representatives of the trunk ailway lines will be held this morning on the subject of equalizing the winter tariff on freights from New York, Boston and Philadelphia to the grand distribut- ing cities of illinois, Ohio and Missourt, At present the Erle, New York Central and Pennsylvania roads have the same nominal tariff. It is understood that the main points to be debated are contained in the proposition of the Vermont Central Railroad. That company takes its freight from New York to the West via New Haven, Hartford, St. Albans, Ogdensburg, the Great Western Railway through Canada to Detroit, and by the Michigan Central to Chi- cago, s*line which involyes more miles of carriage than Ka the Erie, New York Central or Pennsylvania roads. The Vermont Company claims that there should be an equitable adjustment of the freight tariff to compensate it for the extra expense of its longer route, It was stated last evening that the Vermont line asks thaton the basis of the schedule rates adopted by the New York and Pennsylvania lines,—thirty cents per 100 pounds on first class freight, dry goods, &c., from New York to Chicago—they should be allowed to charge on the fing clusses ten cents, eight cents, six cents, four cents and two cents per 100 pounds less, on account of the longer time necessarily taken to transport freight by its route, Should the Conference not agree to this proposition, | and should the New York Central obtain control of the Michigan Central Railroad, thus cutting off the direct connection of the Vermont Central and the ‘anada Great Western between Detroit and Chicago, | it 1s mooted whether it would be the policy of the two Toads so cut off to obtain an independent line by running their treight from St. Thomas on the Great Western, via Kemoka, to Port Huron, Mich., and at an expense of about $400,000 complete the road already graded between Port Huron and Grand Rapids, thence by Holland, and the Lake Shore Michigan Southern to Chicago. This, it 1s claimed, could be done in a few months, even in the winter, In connection with this subject an important meet- ing of the Cheap Transportation Association will be held to-day at two P. M., at its rooms, 110 Pearl street, This association mtends to show that it is not antag- onistic to the railways; does not want them to make rates lower than @ fair compensation for their work, but does intend to obtain for the merchants of New pets and the West a fair pro rata freight with other cities, HUGH GARRITY'S DEATH. A CORONER'S JURY PRONOUNCES THE THIRD AVENUE RAILROAD COMPANY RESPONSIBLE FOR IT, Coroner Eickhoff held an inquest yesterday on tho | body of Hugh Garrity, who was run over by, a Third avenue car on the corner of Houston street and the Bowery on the 12th inst,, and who died on the 22d inst, ‘The first witness was Catharine Garrity, wife of de- ceased, who testified that her husband had been a little deaf, Aaron Van Pelt, of No. 165 East Seventy-fourth street, testified:—I was driving car No. 27 of the Third Avenue Company on December 12; about half-past five o'clock P. M. on that day I reached the corner of Hous- ton street and the Bowery, going down town, and was about three minutes behind time; I saw deceased about | fifteen feet from me, waiking across the Bowery toward the Third avenue track, and I hallooed to him to get out of the way, at the same time putting on the brake, but | he was jooking down town and continued walking across the street; the horse on the west side of the Bowery struck him and knocked him down; I broke up the car as quick as possible, ‘but the Inan Was dragged ahead about two paces’ and a half | under the car; the wheels did not pass over him; the car was moving at a time rate at the time; the man was taken to adrug store, and I was told that he was all right, only bleeding a little from the nose; I then drove the car on; an exaimination into the accident ‘was made by the company, but nothing was said to me about it; 1 was discharged next day; the brake was out of order that day; the car would slide some ten tect after the brake was on tight; I noticed this the first trip I made; I was not the regular driver of the car, and I reported the fact to the regular driver; he said that he had reported the facta week before; I believe the running over the man was not my fault The case was then given to the jury, who returned the following verdict:—*That Hugh Garrity came to his death by injuries received by car No. 27 of the Third Avenue Railroad Company, on December 12, 1875, cor- ner of Houston street and the Bowery. We censure the Third Avenue Railroad Company and hold them responsible for the man’s death.”” Van Pelt was discharged from custody. CORONERS’ MINOR: CASES. , The third ‘run over” inquest held by Coroner Eick- hoff, yesterday, was into the death of Bridget Flaherty, | who was run over by a lager beer wagon, driven by Anton Buckhart, of No, 287 East Forty-seventh street atthe corner of Third avenue and Thirty-second street, The jury said that there was ‘‘no proof of carelessness shown on the part of the driver,” after which Buck- hart was allowed (o go on his way rejoicing, While hanging clothes out of her window, which {s a rear one, on the fourth story of No, 2,150 Third avenue, yesterday afternoon, Mary Hartman ‘fell into the yard | ‘and was killed. ‘The inquest on the body of Frederick Albrecht, who | was run over by a Fourth avenue car near the City Hall, on the 18th inst, and who died in the Chambers Street Hospital from exhaustion consequent upon tho amputation of his thigh, was held yesterday by Coro- ner Kickhoff. The jury rendered a verdict of “purely accidental death," and John Harnell, the driver of the car, was discharged from arrest, | the county buildings with gas, reported THE PUBLIC SCHOOL QUESTION. The proposition of the Rev. Patrick Hennessey, pas tor of St. Patrick’s church, Jersey City, to place his schovuls under the control of the Board of Education, has given rise to @ lively controversy. An attempt was made by republicans in the Board to | have the matter referred to a committee composed of democrats exclusively, so that they should take the responsibility of accepting | or rejecting the proposition. This was checkmated, | | | nowever, and the committee now stand three demo: | crais to two republicans, The Catholic clergy of the city are divided in opinion as to the wisdom of the course proposed, some being decidedly opposed to it. who *® @ gentleman of advanced | and liberal views, has had this scheme in contempla- tion for a long time, He still continues to conduct @ classical schol, THE CUNNINGHAM STABBING CASE. Alice Cunningham having recovered from the stab | wound inflicted by Patrick Shanaban, her lover, was removed from St. Francis’ Hospital to the First precinet station, Jersey City, yesterday. When taken before Justice Keese she dectined to press the charge against | Her answer was;—"l ain’t sayin’ a word | nor takin’ no oath, You may put me in the blackest | hole you've got, but I wont teil anything about it.” | She was then locked up and will be held as a witness | against Shanahan | No. | Staples, The bark had no pilot on board when she went ashore, and was only about her length from the (regular channel. | and Detective Sleven made an examination of the | prem| BROOKLYN'S DISTRICT ATTORNEY. TWELVE GRAND JUBRYMEN CHARGE HIM WITH NEGLECT OF DUTY—-WHAT HE axD OTHERS BAY. The statement published from Albany setting forth that several members of the Grand Jury of the Kin; County Court of Sessions for the month of November had preferred charges of improper conduct in the exer- cise of official duty against the District Attorney, Mr. Winchester Britton, caused considerable comment in public circles generally, The charges laid before Governor Tilden were signed by twelve members of the secret inquisitorial body in question, the re- maining nine Grand Jurors having declined to attach their signatures to the document, The paper sets forth that Mr. Britton, District Attorney, did not co-operate with the jurors when, “by sworn evidence of rebable witnesses, a most startling system of corrup- tion and blackmailing on the part of certain prominent officials was before them.” The jurors assert that the mjbutes of the Grand Jury will show that an indict- ment should have been found and vigorously prose- cuted, That these things were not done they charge to the District Attorney, and allege that he “attempted to shield his political friends.” The petitioners ask that ‘such steps may be taken as may be just and proper to relieve us from the obstructions of justice which havo | been so outrageously interposed by the District At- torney.”” WHAT MR. BRITTON SAYS. A reporter of the Herarp called on Mr. Britton and had a brief interview with that gentleman, in the course of which he said that the first name signed to the letter to the Governor explained the whole thing—the name of Henry A. Richards, He remarked that he was prepared to answer fully the assault when the right time comes, and to the proper person, The Grand Jury of November had before it for examination cer- tam matters relating to the official actions of a public official in connection with certain gas companics. At | about one o’clock of the lastday on which the Grand Jury could legally sit his advice was asked as to whether any criminal offence was shown, He advised in the negative, but suggested that the matter be laid over for the consideration of the next Grand Jury for farther evidence, which was done, ‘Karly in the ses- sion of the’ following Grand Jury,” said Mr. Britton, “I brought the matter be- fore it, advising it of the then state of the case, and requesting attention to the sub- ject. The jurors have done as requested, and have given ita most thorough {nvestigation, the result of which will appear when they make their presentment atthe end of the week. Whether I have aided them or shirked my duty in the matter I will leave them to say. They at least have been painstaking, caretul and honest, and are exceptionally intelligent, Had my ac- tion as to the existing Grand Jury.been known, 1 am quite sure that the malice of Richards even could not have obtained these eleven signatures, for 1 see no reason why these eleven men should not be honest. I owe too much to the people of Brooklyn to betray them or their interests, and they know that no power could make me doit ‘the signers of the letter will appear very ridiculous before the end of the week.”, WHAT THE GRAND JURORS SAY. Mr, Gilbert Hicks, who was foreman of the Grand Jury for November, said Mr. Richards had shown him @ paper which read like the one published from Albany, and had asked him to sign it, but ho “declined to ign the document, as it was not truthful on its face, and he would not lend his name to do Mr, Britton or aby one else an injustice. ? Mr. Ferdinand Stayentagen, another member of the Grand Jury, stated that that letter was brought to him by “Henry ‘A. Richards, who,” said he, “Iam told is a personal enemy of Mr. Britton, He formerly owned the Brooklyn Chronicle, iu which he attacked Mr. Britton, who sued him for hbel. Richards was ar- rested and lodged in Raymond Street Jail for some days in default of bail, There was an import- ant witness, whom it was difficult to get Mr. Britton personally subpenaed him, und brought him before the Grand Jury at noon on the last day of the term, His testimony was very impor- tant, and Mr. Britton said there would not be time to take it and prepare an indictment, and suggested that the matter stand over for the next Grand Jury. A unanimous resolution to that effect was passed, and it is now on the minutes. He said further that Mr. Brit- ton offered no obstruction to the jury, but, on the con- trary, he had referred them ona question of law to Judge Moore, who gave the same counsel as Mr. Brit. ton, Mr, Stavenhagen also stated that when he re- tused to sign the letter brought to him by Richards the latter rejoined, “I'll mark you,” Mr. Frederick Weber, who was on the same jury, said he dechned tosign the letter, though requested to do so by Mr. Richards, Mr. George F. Miller, a juror, had been asked to sign the document.laid before the Governor, but refused, as there was no truth in the representations made in the Jester, He said that ‘Juror Vaughan told him he would not bave signed itif Mr. Richards had not assured him that Mr. Britton did not intend to bring the matter béfore the December tirand Jury.’" It is rumored that the subject before the Grand Jury was the indictment of Commissioner W. A. Fowler, of the Board of City Works, ou a charge of having received 6} cents for each street lamp from the gas companies. ANTECEDENTS OF MR. BRITTON, Mr. Britton, it will be remembered, was removed ftom the oflice of District Attorney of Kings county, during his previous term of office, in the early spring o! 1874 Thegcharges upon which he was removea were preferred’aguinst him by the Committee of Fifty. Alengthy examination was bad upon the evidence, which was presented by the then counsel tor the Com- mittee of Fifty, & D. Morris and A. C. Davis. Attorney General Barlow represented the State in the trial The allegations were failure to prosecute certain delinquent officials, ex-Tax Collector Isaac Badeau among tho number. General Benjamin F. Tracy appeared as counsel for the accused District Attorney at that time, and made an earnest aud eloquent defence. The papers d testimony elicited, which were most voluminous, were handed to Governor John A. Dix, who, alter i specting their contents, removed Mr. Britton ata tine when that gentleman hid ten months of an unexpired term to serve. This action on the part of tbe republican Governor was severely criticised by the democratic constituents of Mr. Britton, who claimed that he bad been sacrificed upon the shrine of partisanship. Ex-Alderman Thomas H. Rodman, of the Sixth ward, a democrat, was appointed w till the Vacancy crcated by the removal of Mr. Britton, but he did not hold it more than one month, owing to tl- health, Mr. J. A. Winslow (republican) ‘succeeded Mr. Rodman, In vhe fall Winchester Britton came before the Democratic County Convention, and was unan- imously and most enthusiastically nominated for a second term, He was vindicated by his party at tho polls at tho ensuing election, — Per. sonally Mr. Britton is attractive = and of ine physique, As a lawyer he stands among the foremost at the Bar, He is strong in intellectual vigor and is in the prime of life. He passed the years of his early manhood in California and beld a prominent office in the stirring days of the Vigilance Committee in San Francisco. Mr. Britton has two years and one day still to sorve jn bis present term, The salary attached to the office is $10,000 per year. GAS IN BROOKLYN. The Aldermanic Committee of Brooklyn have still under discussion the project for lighting the streets with oil instead of gas, as a saving of $200,000 per an- num can be effected thereby, an item of much {mpor- tance to oppressed taxpayers. The Supply Committee of the Board of Supervisors, which was directed to pro- cure estimates for the erection of gas works to supply esterday the cost of the nocessary works for the manufucture of coal gas would not exceed $10,000, and gas could be manu- tactured for $1 60 per 1,000 feet, This would save about $5,000 per annum to the county, A WELL MERITED PUNISHMENT, The Common Council of Hoboken have deducted from the salary of Dr, Lowenthal, County Physictan, the cos, of medical attendance paid to another doctor for his at. tendance upon a sick woman, whom Dr. Lowenthal re- fused to attend to, although requested to do so by Poor- master Powliss and Alderman Ellis. It is reported that on the morning of Mr. Forbes’ death, in Hoboken, last Monday, three doctors refused to get out of their beds to attend to him, although told that he was seriously ilk, * THE BARK GENTOO AFLOAT, Shortly after nine o’clock yesterday morning the Coast Wrecking Company's steamer of this city man- aged to haul off the bark Gentoo, which ran ashore on the Southwest Spit, negr Sandy Hook, on the 28th inst. The bark was then towed up to Harbeck’s stores, at the foot of Congreas street, Brooklyn. The value of the Gentoo’s cargo {s estimated ai from $60,000 to | $80,000, The vessel ts consigned to V. H. Brown, of $4 Beaver street, and is owned by Mr. isaac R. The reason she had no pilot on board was that all the pilots had been ‘used up’ owing to the arrival of a large number of vessels at the same time as the Gentoo, She drew eighteen feet of water and was ashore in seventeen feet, ber forefoot being hard and fast, BURGLARY IN BROADWAY. The cloth warehouse of Baudoutne & Willis, on the second floor of No, 720 Broadway, was rovbed on the night of the 27th inst. of twenty-one pieces of black cloth, valued at $1,900, The burglary was discovered on the following morning when the store was opened for business, The police authorities of the Fifteenth precinct were promptly notified, and Captain Van Dusen ses, They found that a door leading from an unoccupied store on the first floor to the staircase as- conding to the second floor had been forced open. Tho door at the main entrance had not been tampered with, showing that the burglars had secreted themselves in the building some time during the day. The window shutters on the second floor leading to an alley in the rear of the building were also found forced open. It is thought by the police that tue burglars lowered | the goods from the second story window to the alley by means of ropes and carried them av — in a wagon, AS yet nO Clew bas heen found to the rebberm | portant subject of the desirability of a chance in the law, | THE COMMITTEE ON CRIME. Its Last Session Yesterday—Why Mr. Phelps Would Not Appear. INTERESTING CORRESPONDENCE. The Assembly Committee met yesterday in the City Hall, for the last time. There were present of the committee Thomas Cooper Campbell, John T, Mc- Gowan, Jacob Hesa and Leo Dessar, The chairman stated that he had a conversation with the District Attorney that day, asking him to come before the committee, and the District Attorney politely declined, The corresponde however, between himself and Mr. Phelps in relation to the same matter he wished placed on the official recora, Mr. Townsend, counsel for the committee, in reply toa question of Mr, Campbell's said, of 1,100 missing indictments only 120 were found, and these were for | selling lottery policies. The list of the missing ones | was sent to the District Attorney's office to ve checked off, and these were all that were discovered, Among the other persons asked to come before the committee to make suggestions to reform In the criminal law, and who also politely declined, were Judge Ingraham, ex-Judge Garvin and Messrs. Rollins, McKeon and Beach, Mr. Beach wrote a letter, saying that It was not so much reform in the law that was wanted as reform in the administration of the law, ‘The committee then consulted together and decided | to adjourn sine die, ! | Mr. Campbell said before adjourning he wished to thank the press in the name of the committee for the aid they had extended in giving full reports of the pro- | Coedings, thus showing the public the nature, extent and completeness of their investigation, and im their editorials referring to the testimony tm such a manner that much valuable information was adduced from per- sons who otherwise would not have the courage to tell what they knew, After these remarks the committee went into executive session. likely to make any valuable contribution to the er which have been accumulating for many The following correspondence between Thomas Cooper Campbell, chairman of the committee, and Dis- trict Attorney Phelps will be found valuable and inter- esting reading, at it tends to clear up many things that were somewhat obscure as to the continued refueal of Mr. Phelps to appear before the committee and testify as also his opinion of the doings and intentions of the famous Committee on Crime. | THE CORRESPONDENCE. Cery ano County or Naw Yous, } Disruiet Arronsey's Orrick, Deo. 18, 1875, T._©. Carpet, Esq., Chairman :— Sin—I received yesterday a uote from the counsel for your | committee, requesting my attendance at your session to-day | “to make ‘suxgestions a& to the points on which they (the committee) are authorized to investigate. As I am at this moment under a subpana to attend before the Senate Com- mittee this morning, I could not attend your session if I de- sired. As T have not been advised upon what topics any sug gestions from myself would be weicome, I do not feal that with considerably less than twenty-four hours’ notice, I should b flood of mat months. Either of the: sufficient for not comply- ing with the request expressed by your counsel. ut I should not be quite frank with you it T should for- deur to state thut there are other considerations which abun- dantly justity me, as I think, in the belief shat I could do no good nor render any public service by appearing before your committee “to muke suggestions.” The whole course of proceedings before you, adopted and carried out by your counsel, has been such ‘as to create and contirm a very wide- spread impression that the object sought was not so much any reform either in the law or its administration as to wenken public confidence in, certain individuals engaged in that administration. Of all the eminent men who have heretofore held office in this county as Judges of the Su- preme Court and of the Criminal Court, as district attorneys Or as assistant district attorneys, not’ one, as far asl am aware, has been invited to an examination, that his views ns to existing defects in either the law or practice In relation to crimes might be secured, None of the many eminent ad- vocates of long aud most useful experience in our eriminal courts have been asked to express their views. ‘The time of the committee has been mainly occupied in listening to the complaints of convicts or azgrieved com- tai discharged clerks as to the disposition of indi- In many instances the committee, it would seem, bas been used asa court of review to revise’ the pro- f courts in the singular fashion of hearing only one . As one specimen among many of the way in which the time of the committee has been occupied the counsel seemed on the 80th of September, while at Bluckwell’s Island, to im- ress upon the committee the idea that there was something Riegal fn'the commitment of couvicta under sixteen years of age to the Penitentiary. A number of convicts were examined who were less thai sixteen, and their examination occupied the whole of one | day nearly, The Warden was notified to prepare and produce to the committer those who had been sent to the Pen| sixteen years of age, since July, 187; ared and produced on the Sth of October, wi for the committee announced for the first time that, “ou looking at the xtatute I find that under si it is discretionary with the Court.” hind actually proceeded to in impression that « grave wrong excited comment from the press and much criticism without | its counsel putting himself to the trouble even of looking at the statute to ascertain there what it is be- lieved no lawyer of any familiarity with criminal law could be ignorant of But wi stance more will be cited. A clerk, under the direction of ¢ counsel for the committee, has prepared a list of indictment not found In the Clerk's office. counsel for the committee lowing way "There are found in the Clerk's off ‘And the list is so put in word.by way of suggestion of what t! know perfectly well at | the time was the truth, viz., that the so-called missing in- dictments were, in accordance with the uabroken practice for years, in the sales of my office for the greater convenience of ‘ull partivs interested in them. ‘This fact was perfectly susceptible of proof without an ex- penditure of one ti or expense incurred by the counsel in proving that they w sing. I will not wear you with the recital ‘imilar cases in whicl the conduct of th en to suppose that ti {f possible convict, officers on 1 than to ascertain defects a practice, And additic 01 idon by the Statement, repeated more than once, with 1 to myself, that if the District Attorney wished to explain, the commit tee would be happy to boar him ut any time. ‘This would be proper enboyh toward person charged with crime and called upon to detend bimseif, but from a | legislative committee, set to devine remedies for supposed great public evils by appropriate legislation, it ix certainly un unusual form of expressio: Under all these eireumstau stand that in my jadgment th mutual confidence existin, in law and | you cannot fail to under. ms on my part either welcome or prolit- four months your counsel endeavored to persuade you by the evidence he addaced, or, if uot you, the pubiic, whose servant Iau, that J was wholly anworthy wy position, If he bas been’ successful, my suggestions should have no weight. If unsuccessful, | am still uuable to see why | | shuuld make any suggestions to your committee, Yours, respectfully, ENJAMIN K. PHELPS. ‘MR, COOPER CAMPBELL’S vl New Yous, Dow-22, 1875, Hon. Brnsawix K. Paves, District Attorney :— Your favor of the 18th inst., owing, I suppose, to my absence from my office and to tiie stupidity of my clerk, only reached me this morning, and I hasten toreply to gewtion that more than twenty-four hours’ no- tice of your requested appearance before our committee was | desirable, is entitled, of co to every consideration that ‘ou deem necessary.’ We have never given notice of much, funy, ereater length to any but are, of course, ready to accommodate you in that as in all other reasonab! matiers. As to the remaining suggestions in your letter, spirit of harmony and courtesy to respond 19 think you are misinformed in many facts, and entirely wrong in your conclusions. | T am not aware of any “widespread impression" that the ob- | that oerhaps it ts a custom which would be more honores | way explanation tohenr bi | mite | 8 | mittee. | Triend, my Collong | curs tu the views Joct sought was * © ® “to weaken public confidence in certain Individuala.” | Certainly’ the ‘press ins never xiven impression, not have we at least ever | individuals, Whether it ly erroneous. | eto summon Judges or experts in | the committee. Tae Recorder has prevuils or not it You cricicise the tail befor been in) trend, but deemed such attendance inevuin- with his position on the bench, aud | jon we had reserved for yourself, Mr. | Rollin: i Mr.’ Purdy, ‘The testimony of these | gentlemen, in addition to that of Mr. Aller, we deemed | suflicient expert testimony on the subject of reform of the criminal law as faras the prosecution of criminals in the higher courts is concerned, ‘ow, as to the general course of exainination pursued by | the committee, appointed, as we are, to investigate existlug | evils, if any such there were, we considered It judicious to invite from the public information as to abuses claimed to taken place; instead of confiing ourselves to the mere | examination of the heads of departments ‘and of experts in the various branches within the scope of au inquiry. A | rigid examination was made of all the information that | was brought before the committee, large number of cases which were submitted to the committee, either in. writing or by word of mouth, wers | not brought to public examination, as they were not considered sufficiently substantiated ‘to warrant such a» course. All the other cases were deemed to present the ele- ments of @ strong prima /acte case, and wore, therefore, made ters of record, In all of the departments, eight in num | through which our jurisdiction ran the heads and re- yasible parties w er the close ol the speci. ie Case to make such explanation as they deemed proper, aud to be examined touching the general subject of their duties, If this course was an improper one, which I decidedly do not it was an error of Judgment on the part of the com ; dus I fail to “see how it exposes the com- suggestion of lack of fairness, ‘® suggestion been breathed by the department, All have attended before i have been apparently glad to make put nd, I venture to add, they bave been treated With the utmost courtesy due to the dignity of their offices andthe character of the committee, And now for the “specimens among many as to the way in which the time of the committee has been occupied.” When we visited the Penitentiary on Blackwe! hh of September last, it consequence of some exam inatios personally, that» f the ateen years of d, as I suppose, the counsel a ‘the committed of the exact Presumed it was mandatory on courts to commit sueb pris: w the House of Refuge or some other reformatory. You ¢ completely misinformed in etating that th ination of convicts under sixteen occupied nearly one day. The tes- Himony of Jennie Lewis occupies one printed page and a bulf, that of Robert Nolan five pages, and that of Richard ffrage nine pages—in ail, tifteen and a halt pages out of ighty-three pages taken that day, and by far the greater art of those lifteen and a half pages refors to entirely dil- | ferent matters, and thisexamination was quite as h for the purpose of showing the impropriety of committin) children to the Penitentiary as with a view to wumed illegality, At the next session of the which | was held in the City Hail while | examined the law, state: matter was discretionary with the Court; th that no er, and pre im- e' it was shot Megal act had been committed by courts in this this left to the committee's consideration the lar So Ws to render it impossible to commit young children to the | Penitentiary, there to herd with hardened eriminals. the commitiee are wrong in the impression they entertain this subject they are ready to be enlightened, and it ome toma that itinone of the many topics on which you | “Whiskey,”? body, aud the jury found @ verdict of Death from oi ple ‘subject is of su of te litle testimmnny we took, and the: fect does not striki improper toc give us his opini The other “specimen fact that whe: to which you called my attention is tovk a list of indictments on file is was stated there were 1,100 indictments not found in the Clerk's office und that no’ explanation was made that they were in the safe in your In the first pince—nothi: whatever being said about your office—the statement. if reflection upon apybody, was rather a retlection on the Cle < Ly oe on you. Im the second place this fect probably escaped your memory. mb we com- ed our T addressed circular note to artments coming any way within our on behalf of the committee, for our- selves or counsel, or such other person as bould Permission to examine the books and recot ments. From all the departments except yours an afr: tive answer was immediately retarned, and all of them ha: thrown open their doors to the committee and afforded us every facility. You, however, concede that such ap act would be consistent with ‘your duty, eacept that you were willing that the mbers of she committee should visit er office, examine * Ofcourse, I cannot complain of what any gentleman does actaated by an houest conviction of duty; but you must be aware (bat it was not possible for the individual members of the committee tu spend their time in your office labori- onsly examining 1,100 indictments and er records and collecting statistics therefrom aa to what re Were Of were not in your office, could, therefore, have no official information saving we subpauaed your attaches to produce specitic documenta And finally, since you say hus been the “unbroken practice of years’? to keep over 1,000 indictments in the safe in your office, let me su; cd the breach than in the observance ; of, if, indeed, it be & ne- cessity, @ very good reason is pr tw the comuittee, who are prepared to attacl weight to your views. You complain that public notice was given that if the Dissrict Attorney wished t make the committee would be bappy him at any tue. Lean onl: that this wax dove at my reiterated wis! my coll the sincere desire ( injustice to any living man, pursuing, as we did, the policy of examining witnesses as 16 specilic cuses first and reserving the heads of the depart- It wae possible that injustice which a few w ther lem it ssary oF destrab ments till toward the close. might be done to {ndi vidual: might rectify, We did aot to subp@na such persons ry time anything concerning thei departments was tentified to, but desired to let them —_ understand —_ that we wonld be glad to receive auy explanation they might deem it proper to make. tatement was by no means confined to you, but was reiterated to all others, aud by many was immediately availed of. Let me suggest to you, a8 to the scope of our duties, that it was necessary for as find out if evils existed before we set to work to devise remedies. As to any general suggestion contained in concerning any lack of impartiality on the part dt Tdesire in the most solemn mann aking for myself and all my colleagues, have been actuated incere, to accomplish a publ od La We havo labored to this end; we whatever of party ti Jail bas been as t plained of us any department under political nomination ad- Yerse to the political views of the majority of the com- In fact, the hateiul word of politics has scarcely ever entered ints our deliberations, and if ever then only to be unanimously repudiated. For @ full confirmation of the pertect trush of what I assert, lot me refer you ta my es! mable, honored and faithful colleague, Mr. who holds high rank in the republican party and who bas labored with us as realously as any of our number, Let me close this letter with @ suggestion, not diplomatic, perhaps, but made in perfect good faith and in # spirit of and kindly feeling toward y with whom my ve diways been most agreeable, 1 Lave shown your letter to no one saving one cherished and trustworthy @ ou the committee, who heartily con- express. Lot us treat it as entirely con- fidential, and let this correspondence be as though it had ir letter com: and out of season made no distinction hover Dien, We are desirous of hearing your views on the criminal law and practice, and we would be glad to have you come before us to-morrow and give ussuch view: there is any personal feeling be- tween you and one of our counsel [ undertake to promise he will take no part in your examination. Your knowledge and your experience will aid us in laying before the Legial jaws or egestions which may help to improv tration of justice in this city. ‘on do go you will be received with every courtesy and kindness. Ifyou deem it proper, after ail, nut to come before the committee, bave you any objection to this correspondence being made part of the record t Tain yours, very respectfully, THOMAS COOPER CAMPBELL PURTHER EXPLANATIONS. Oury axp County og New Yorx, District ArtoRNuy's Orvice, Dec. Tuomas Cooren Camrnett:— Dxak Stk—Your nots did not reach me until this morning, aud my reply must necessarily be brief. ¥ Tam sure, understand that T do not intend the personal disconrtesy to yourself in anything I may Our relations personally have been, as you say, ut believe that if the course of shaped more by yourself and less by the advice of your counsel, its results would e been, far more profitable. I’ should have been most happy to contribute anything in my power toward supply. ing any detects in either the law or practice. But when I found that the counsel for the committee, in one of the eurli- est cases connected with my office—that of Lambert—put in evidence (September ¥) all the papers in the case found in the Clerk’s olfice showing the prisoner's discharge except the one whi pwed was discharged, althongh that was #0 attached to the other that be could uot fuil to see it when he opened the papers, I began to suspect the truth of what I was tol a fl time the committee was formed might be true, vir. that the labors of the com- mittee were to be directed towards destroying pablic con- your committee hi the investigation seemed to con- this detibera uppression of evidence at the very outset had created. For most of these things I think the members of the committee have not been re- sponsible. They necessarily and naturally relied largely npon the supposed experience and learning of their counsel. T have given one instance of what seemed to be suppression of evidence. Asan example of the false coloring resorted to in other cases, let me cite you the Little farce performed unsel and one Wilkes on the L4th of September. d the counsel proforred charges questior you any objection to tittee the charges that you preferredin order that we may prepare for anesamination of them ere? Will you send me a copy or let me have a copy of them!” The fact being that no: only had the counsel then had the charges in his aasession for soine time, but he had already subpenaed a. large namber of witnesses upon that ver; that day in attendance, and the man Will n possesand of th jelicacy which snbseq ined tim, had bad bis testimony before you printed in nd sot to the various newspapers in the city for publication. Whether my accidental presence {n the committee either ed the matter from being gone into, or the fact that ‘es’ witnesses would not corroborate his charges, | know not, but the whole thing, asit appears on your record, is @ munierfage and a misrepresentation.. Those are Little things, to be sure, in one sense, but they indicate the spirit in which the Investigation has beon conducted, I will briefly refer to one or two suggestions in your note, You say that Recorder Hackett declined to appear as an answer to my suggestion jon of persons skilled in the ‘owt at rafer to persons now in Judicial office, bnt to the many w h places whom no feelin, of deliewcy would , huve been misinforme ime oceupied in examining Penitentiary convicts, the fact still remaivs of the ignorance of the counsel of one of the mont fawiliar matters of ourcriminal law. As to the propriety of vesting the discretion which the law gives with regard to yourg convicts it will be remensbhered that if thore is dager of exposing the young to the society %, the examin we that T did 1 older criminals there ix, on the other hand, the al evil of putting such depra little * ones as you found tn in any Houso of Retuge, w! mates, You © before you that you repeat in y to allow the clerks of your couns: orrupt all the when 1 ay . thut had ined over all the papers in my office, aud that, thoreiore, you could not officially know what wi ‘The counsel coul with his list of missing in- Aictwenta just what be did with other lists that he pre- pared, have sent them at once to have those in my custody Checked off, aud thus have got in half an hour the exact facts if he had wished ic, Tam gratified at the kindly expression of your personal feelings toward myself, aud am bappy to reciprocate them ; but T still twel that it would not be productive of any public good if I should before your committee. s note has been written in gre to your conrteous letter that it have no objection tu the whole cor part of yonr record. Yours respectful BENJ have AMIN K, PHELPS, No. 126 Luxiarox Ave UR, Nuw Vouk. Dee. 28, 1670. Hon, Bexsawiy K, Puxtrs, District Attor Déak Sin—Before making our correspondence apart official record I desire to say & word or two in answer favor of the 23d tust. You cite two additional cases which yon deem indicati of something—I know not exactly what—showing on the pi of our counsel unfairness to you. As to the Lambert case Mr, Townsend overlooked a small from Dete tive Sampson, —rscommendin, not prosecuted. He discovers ht and had, ut the very next session when you attended belore the Com: mittee subpanaed S: present and testified, It seems to me hie took ali possib! steps to do full justice in font your note t this matter, Aa to the Wilkex case I seriously do not derstand your cause of complaint, On our record it appe: that Mr. Wilkes, the editor of « largely circulated journ having published grave ch attention to them, had to ity. for not] charges to the tiovernor, and therefore thought it not! jcate to forestall his action, and so the matter dropped, asgert that the counsel knew ail about the matter, and that Mr. Wilkes had seut his testimony to the papers. have ny information apon these toptes, nnd they aang . immaterial. respectiully, th REAL ESTATE SALES The gathering at the Exchange yostelay was slim, but the bidding quite spirited. R, Vflarnett sold, un- der foreclosure, the plot of land cosSisting of six lots, plot 150 by 100.5 feet, located op#ighth avenue, south. west corner of Seventieth strett, four of the said lots fronting on Eighth avenug’ and two on Seventieth street, for $67,000 to Samua V. Hoffman, said property eing Valued at $85,000 James M. Miller sold, 4nder foreclosure, the plot o) lard located on Kighy sixth @treet, 125 feet, east of Third avenue, subjest 1 & mortgage of $12,000, for 000 over abd abore the mortgage to the plaint the Yorkville Saviegs Bank, Also a house and lot, by 100 feet, on #Oth street, 176 feet east of Tenth ave. nue, to Robest A Greason for $2, d property being valued at §' A TEMPERANCE LECTURE, At of early hour yesterday morning the body of + widow named Margaret Edwards, aged Gfty-five years, was found on the floor of her miserable apartment al No. 55 Nelson street, South Brooklyn, By her side was a haif empty botte of vile liquor, labelled Coroner Simms beld ah inquest on the TOMAS COOPER CAMPFELL, excessive drink.’? a “THE DEATH SHAT.” The Circuit Court in Jersey City was occupied yester day by a large number of laborers employed jn the Delaware and Lackawanna tunnel, Suite have been brought against Johu McAndrews, the contractor, te recover damages for the deaths of the four men killea ~ in what is known as “ihe death shaft.’ ‘The damaget claimed aggregate $100,000, Suits will be also com: menced against McAndrews for the deaths of ten ot twelve other men killed im the tuanel, The trial on the first suit will proceed to-day