The New York Herald Newspaper, January 5, 1876, Page 11

= ~ 4 ’ THE COURTS. Yurther Skirmishing in the Tweed Civil Suits. Challenging the Array of Jurors. TOW PANELS ARE MADE UP. An Interesting Contested Will Case. Legitimacy and Jurisdiction of the Board of Excise. ‘There was a large attendance In the Supreme Court, Circuit, yesterday when the hearing of the arguments aa to the validity of the struck jury was resumed before Judge Westbrook. The first witness examined was Mr. Douglas Taylor, who, in response to Mr. Field, said he was Commissioner of Jurors. @ You are now and have been Commissioner of Jurors since 18¢4? A. Yes, sir. Q There is another gentleman who lays claim to the office? A, SoT have been informed, sir, by a telegram received. (Laughter.) He then proceeded to testify in reply to questions pat to him by counsel—That the books shown him were rogisters containing lists of liable persons, which were prepared by him in 1870; they were copied from old ‘books and were made up from the poll list, Directory and every other available source; he did not place all the persons liable to jury duty on tho lists, for the Feagon that those who had served witbin ten calendar months wore entitled toa reprieve from further duty during the year, and also that certain lists were re- served for future use, J. K. Ackerman, of the Commissioner of Jurors’ office, was recalled and examined and cross-examined at some length. John J, Burns, another employé of the clerk in the Commissioner of Jurors’ office, was shown the bundle of ballots for June, 1875, and he was asked whether, in «making out the list for June, 1876, he added any names to them except those who came to the office and gave their names. He answered that was all, except those who had been exempted the previous ycar, Ex Judge Peabody, recalled by Mr. Peckham, testt- fled that he’ is one of the choosers, and the namo George C. Southwick on the list of twenty-four ought ‘to be John C. Southwick, a business partner of Jackson poli that was the gentleman they intended to Ws eg On cross-examination the witness admitted that he did not know that Mr, Southwick’s partner was a wit- ness in the case Mr. Field said he wished it understood that the coun- sel for the defence had no objection to Mr. Southwick personally; they bad the highest regard for his charac- ter; but for his (counsel's) part, if he had known that Mr. Southwick was a partuer of Mr. Schultzhe would have objected to him. ‘This concluded the testimony, and counsel at once ceeded to discuss the legal bearings of the case. Mr. Field contended tbat under the present state of the law it was impossible to select a special jury in this. county. It was the plain intent of the law that struck juries were to be selected from the whole body of the county, those believed to be indifferent and best qual- ified to try the case, It was a violation both of law and Justice to select from a partial list, The Commissioner ‘of Jurors in no respect complied with the law, It was no answer to say that it couldn’t be done, Are not the resources of this imperial city sufficient to prepare a list names between May and Sep- tember? As to Mr. Southwick, it was plain there was a mistake, but the defendant didn’t make it, The name was returned ‘George W. South- wick,” without giving residence or occupation. There are two George W. Southwicks in the Direotery, and sixteen Southwicks altogether; and on what principle should they select John? Yet, if bis namo is omitted there are are but twenty-three left, and you have nota struck bow Mr. Peckham proposed to prove that Mr. John ©, Southwick was summoned and in court. Mr, Field—Then I shall want the Sheriff to tell me why he served John C. Southwick when you have George C. on the list, Mr. Peckham—I’ll tell you; it was bécause I told him. Mr. Field—I have no doubt of it; that is just the way this case has been conducted. Mr. Carter, on bebalf of the prosecution, then began his argument in opposition to the points raised by Mr. Field for the defendant. Mr. Peckham addressed the Court aflor recess. He described how struck juries were formerly selected in Englana by what was called ‘pen practico,” the elisor airiking his pen between the leaves of the book con- taining the names and taking the name nearest the point of hhis pen. Mr. Carter followed on the same. He said it was a challenge to an array, not to an individual jury. it ‘was a question raised by a suitor who must claim that he was injured by some irregularity of the law. The litigant in this case, with regard to whom the statute ‘was never passed, came into court and submitted that @particalar portion of this statute relative to the pub- Kic administration had not been complied with and con- wently that the case should be laid over to some Gednite day. It wasa dilatory objection. In the case of administrative statules, enacted for the purpose of public convenience and public utility, aside from any special attention of the rights to individual 4f there had been a failure to comply fully with their ions, the only consequence derivable was ‘that tho officer must be calied to account for it, and no individual could take any advantage of it, still less could he arrest the administration of justice. In fact, no substantial objection had been offered. The Com- missioner of Jurors had not proceeded negligently, but hho had in every respect complied with the provisions of the law. It could not be Eger that, for the past nineteen ye: no case could be tried in the courts of ‘this country if the jury array was challenged. The lature never intended any such consequence from any irregularity, But, as a matter of fact, the Commis- sioners substantially complied with the statute, and if the elisors were to select from that body of the county it would take several weeks to do it, The main question to be determined was whether the jurors who had Deen summoned in this case were legally qualified, of such achuracter that neither party just ground of exception. 5 Dudley Field replied for the defendant, He said that if, as contended on the other side, the questions were trivial, why did not the plaintiff takea ‘common jury. The defendant was content to do so. There were two objections to this panel, only one of ‘which the learned counsel had argued, each in itself ‘Ddeing a complete answer to the regularity of the panei— first, as to the lists from which the names were.taken, ‘and second, as to the names which were not upon any lists. Instead of sending down the lists of all jurors Hiable to serve, the names of only 26,061 were sent in, To say that this was acomplete list required by law ‘was, it seemed to him (Mr. Field), to trifle with lan- ge. The question was whether such list furnished ¢ material for the selection of a special jury. It wasan exceptional proceeding, contrary to the ordinary course of the law, and that was the question the Court had to decide, The Clerk had mot pretended to comply with the law, and the question was a jurisdictional one. Counsel commented severely on the special jury system, and referred to the eloquent denunciations of ‘Curran and Grattan against the packed juries in Ire- dand. Special juries were in a measure packed juries, and this was an attempt to pack Fd to find @ ver- dict against Mr. Tweed, a thing that had not been done tna quarter of acentury. «But i a special jury were to bo selected, the ‘must be complied with, every must be made conformable to jaw, and it was his and his daty to insist upon tl and if, theres fore, the Court did not find itself compelled to low the challenge, it but helped, as he tl to the preservation of the general system of the law of dis- continuing these features in ial cases. The Court adjourned until [-past ten o'clock this morning. A CONTESTED WILL. There camo up in the Surrogate’s Court yesterday ‘the will of Lorrain Freeman, deceased, which was con- tested by one of the heirs, It 1s the first contested will ease that has troubled the newly elected Surrogate Van Schaick, and one which Is likely to give him a great deal of perplexity im the future, Mr. Freeman years ago was a very prosperous and Successful merchant, who accumulated » very hand- ome fortune, retired from business and lived wholly on hisincoma He died during the month of Sep- ber, in the 187! estate walued at’ nearly: $250,000," is’ wil, eubmitied, 10 mission to is under the however, is an- of February NEW YORK HERALD, WEDNHSVAY, JANUARY 5, ry as the Obsorn contract for the construction of the assets, rianmeate rested their case. POWERS OF THE BOARD OF EXCISE. An examination bas been commenced, the object of which ts not only to test the power of the Board of Ex- cise to revoke a license, but to decide the question whether the Board itself is icgally constituted and has the power, in the first place, to grant licenses. The case in point, amd which is brought as a test case, is where the Excise Board have attempted to revoke the license of Natban Goldsmith, proprietor of Ttvoli Gar- Gen, for alleged violation of his license in selling liquor on Sunday. As can readily be seen, it isa matter in which all the proprietors of places of amusement ofa similar character are largely interested. On the case being called yesterday, in which Mr. Roe appeared for the Excise Board and ex-Judge Curtis for Mr. Gold- smith, there was a large crowd in attendance, who watched the proceedings with the utmost interest, ‘The day was principally consumed in an elaborate argue ment by Judge Curtis, in which he attacked, not only the power of the Board to rescind a license, but the le- gitinacy of its very existence. ‘The first point of Judge Curtis’ argument was, that the Board of Excise has no legal existence; that the Mayor has no power to appoint such officers, nor the Common Council power to confirm their appointment, and that the office is not a charter one, either in the sense of the lav or the State constitution. The second = the examination point was, that the Board has no power to examine witnesses or compel those refusing to appear. He claims, as rd point, that the right of PI trial by jury is inherent in the respondent under both the federal ‘and State constitutions, and that the Board has no judicial functions and cannot deprive the re- svondent of bis right in bis license, which is a of property, without a trial by bis =. and i they assame to exercise such judicial functions, the y of usurpation, tyranny and wrong, under cial position, and that its members are liable to arrest and indictment. His fourth point was that the safety of the respondent's rights should not be entrusted to the adjudication of the joard, because there is absolutely no power, either through the instrumentality of the Grand Jury or chan- net of the District Attorney’s office or courts of the land, to punish and prosecute for false swearing before the He urged, a8 his concluding point, that the Board has no concurrent jurisdiction with s court of law, and that it neither has any original jurisdiction. Courts of law, be claimed, have the power r the statute to punish violation of the excise law as a tmiede- meanor by fine and imprisonment, and that before the Excise Board can re’ the license of the respondent his conviction before # competent tribunal of the law must be produced before the Board aud properly certi- fled to, We contended, further , that the statutes part materia must be construed together, aad that the penal statutes are in favor of the respondent. He cited over one hundred authorities in su of bis views. Mr, Rowe will make a reply to the argument on Friday noxt, to which time the were adjourned, ‘A RUNAWAY AUCTIONEER CAUGHT. Charles B, Rouss, the auctioneer of dry goods, against whom three indictments for grand larceny and receiving stolen goods were found some months since, and who was released on giving bail in the amount of $17,500, was to-day surrendered to the authogitics by his bendami in Shea, of No. 138 Swi sireet, Brooklyn. ' Shortly attor that gentleman became ‘pail for Rouss the latter ran away. Mr. Shea employed detectives, and they the fugitive in St. Louia last week after a tedious search. He was taken before Judge Sutherland, in the Court of General Sosstons, yesterday, whence he was committed to the Tombs, DECISIONS. SUPREME CO) By Judge Brady, Foster vs. Pemrose;-Lange vs. Lange; Morange vs. Lent; The National Photo-Chemical ‘Company va. Clark.—Orders granted. Harbison vs. Van Valkenburg; Dean vs. Ward.—Set- Led. By Judge Donohue. Labbutt vs. Dalaentn— Ores as signed correct, By Judge Barrett, Coleman vs, McLaughlin; Mangell vs. Lloyd; Na- tional Bank of Redemption vs. Johnstone; Richards Friedman; First National of Georgetown vs. Fitch; Obarrio vs. McGrath; Sandmeyer va Falk; Catoir vs. Lambert; Bartlett vs. Einstein; Buchten- kirch vs. Barrett; Rand vs. Ladd; matter of McMullen; Dodd va. Dreyfus; Morgan vs. Lambert; Townshend va, Dixon; Moller vs. Palmer; Drum, va, Coproy; American Exchange National Bank vs. Luighorn; Downs vs. Smith; Colwell Williams; Reese vs Jacques; Hoople vs. Wendel ; Webster vs. Hood; Hurch- man vs. Adams; Wilkins vs. Pier et al.; Phelan vs, Miller; Oriental Sayings Bank ys. Rowe; Allen vs. Smith’ and Sherman vs. Frank,—Motions granted. Eastman vs. Ward.—Proot of service Talicot vs. Moore.—Referred to Charles H. Hildreth, Esq., to ascertain the damage sustained by defendants through the injunction, ‘Johnson vs, Cassidy; Halstead vs. Coss; Cortelyou vs. Mautoch; Gault vs, Smith; MeCabill vs Donnell, and Wright va. Warren.—Motions denied. Gallaud, &., vs, West,—Motion for mandamus denied, with $10 costs. Genet vs, nter.—Motion granted and cause re- ferred to Philo T. Ruggles to hear and determine, Owens vs. Picker. —Motion denied on defendants stipulating within ten days, as suggested upon the agree- ment; otherwise granted. Dieffenbach vs. Dieflenbach.—Proof ot service bad. Snyder vs. MeComb.—An allowance of $150, ited to defendant, and upon payment of that sum and costs the plaintiff may discontinue and vacate the judgment of record. “Matter of Bernhard.—Order granted and bond ap- ‘oved. ee rcnece ‘vs. Swithenbauk.—Motion dismissed, It was made for iast year. Lewis vs. Riss —Five per cent oxtra allowance grapted. Harding vs, Garthan.—Granted. Memorandum. Bingham vs. 0’Doncell.—Proof of service bad, and the papers ignore the rule as to press copies. SUPERIOR COURT—SPECIAL TERM. By. Judgo Sanford. Kohler, &e,, va. Chapman et al—Motion granted, with $10 costs, Ladd vs. Arkell. —The Shoriff is entitled to his pound- age. He must be deemed to have “served” the ox- ecutors on collecting its amount, and his poundage is in the nature of a commission, computed upon the amount collected, and allowed as his compensation for effecting such service. Let the bill be taxed accord- togly, vs. Haack,—Referred back to the referee to take proof as to identity of the defendaat with the per- sonon whom summons. complaint were serv: agreeable to the requirements of the original order o! reference, which has not been complied with in report. Thompson vs, Havemeyer et al.—Reference ordered. Neidnieht vs. Hening.—Demurrer allowed and judg- ment for defendant with costs, By Chief Justice Monell. Bull’s Head Bavk vs. McFetera et al —The case must pp onthe noe by rule ten ofthis court; it will ve ordered on file. Case returned to Clerk of Special Term. ‘ ‘Davis vs, The Third Avenue Railroad Company.—The Printed case must be mado to conform to the one offered for fin, bate ent ot rete bee copted to an the of the defendant; when dono the case will be ordered on file, : By Judge Sedgwick. Smith vs, McDonald. “the subpoena should be obeyed ‘and the examination proceeded with. . Nathan vs. Heyel.—Order settled. SUMMARY OF LAW CASES. In the case of John Dolan, convicted of the murder of James H. Noo, the argument on the writ of error and stay of proceodings granted by Judge Donobue, which was to have been heard yesterday before the General Term, was adjourned over until next Wednesday, on application of the District Attorney. Application was made yesterday, before Surrogate ‘Van Schaick, for the issue of letters of administration to Mrs, Dilleber, wife of John R. Dilleber, lately de- ceased, for her appointment as guardian of the off spring. The deceased, it is stated, left no will Eight years ago Jacob Hymes was charged with passing counterfelt money upon Charles Rosenbaum. He was artested on Monday last, but when brought up road and the appointment and profite in the conti $3,000,000, was eatled of a receiver of the amounting to over io e Court, pa ag er 50 ious occasions, strenuous Opposition was made by defend- ant’s counsel, Mr. Walden. It was alloged that they could not get their witnesses before the middie of the month, whereupon Mr, Mount, for plaintiff, informed Judge Donohue that in June, October and. ber, the same excus® bad been made; that ‘it was vow reached in regulat order, that the defendants had ample time to produce witnesses, and asked to have it tried when reached. It was Rnalty oot down for the 17th. This case now onters on its fourth year witbout trial—an example of the law’s delays, The case of Aaron Herzborg and another against Henry Murray decided yesterday by the Superior Court, General Term. Defendant was sirety to one of plaintif’s salesmen for all moneys the salestran should Not pay and for haifthe bad debts he should make. The piaintits charged $1,673 03 bad debts, and sued de- fendant wo recover. The jury below gave a sealed ver- dict in favor of plaintiffs for $307, being half the amou! claimed, and added, “The judgmont and debts me tioned in the schedule, viz, $1,673 03, are to be as- Signed to the defendant for his benefit.” Plaintiffs counsel moved to amend the verdict, on the ground that 4k was irregular, by atriking out the latter clause which was done by the Judgo after some argument, The case came before the General Term on apy and that Court yesterday ordered anew trial, on the ground that the verdict was irregular, that It could not be amended by the Court below, and that it should have been sent back to the jury. . COURT OF GENERAL SESSIONS, Before Judge Sutherland, AN AMATEUR THIEF CATCHER. Mr. Peter De Witt, of No. 280 Madison avenuo, caught @ pickpocket on the 7th of last month. Mr. De Witt occupies an office in the Trinity Buildmg, he dogs business in coal, On the day named, while seated in his offiee, he was informed by a friend that several young pickpockets wero at that moment plying their calling in the vicinity of Nassau and Fulton streets, Upon receipt of is intelligence Mr. De Witt started out to capture one or more of the thieves. Pinning @ ten cont gtamp to the lining of his vest he tion in front of the bulletin and pretended to be deeply absorbed. in tho news there set forth. A lad imniediately came and stood by his side, and ia 8 moment, as he states, a hand wus gontly thrust into the pocket which contained the stamp, Mr. De Witt instantly took hold of the young man’s coat collar and only released it when he had given the light-fingered youth in charge of a police- man. Theaccused, who gave his name as James Don- nelly, wag arrai for trial yesterday, wheh the above facts were testified to by Mr. De Witt. The prisoner stated that he had merely stopped to read the bulletin on his way t where he expecied to obtain em- oyment ii noticed a stamp protruding from . De 8. ne t, Dut that he had not attempted to abstract it, The jury found him guilty, however, and he was sent to State Prison for two years, A KNOTTY POINT OF LAW. Mr. Charles W. Brooke moved to have hisclient, Henry Cole, the alleged {orgor of Allentown (Pa.) school bonds, discharged trom the Tombs, About a week ago Cole, under direction of District Attorney Phelps, was arrested In Philadelphia and brought here to answer to an indictinent charging him with the above offence, ‘Tho indictment had been found in May, 1872, and Cole being released on bail was subsequently discharged from his recognizances. Mr. Brooke argued that the present arrest is illegal, inasmuch as the discharge of the recognizances was the same in effect as if a verdict of acquittal had been rendered for the prisoner or a nolle prosequi entered ‘n the case. District Attorney Phelps argued that the dismissal of the bail Ces 4 re- leased the prisoner from pecuniary obligations without impairing the power of the people to bring him to trial under the indictment at any time. The Court took the papers and will decide the point on Friday next. PRECOCIOUS CRIMINALS, On November 28 a fumber of boys, ranging in age from ten to twenty years, were drinking in the bar room ofa Chatham street lodging house, when an alter- cation occurred in which Christian Alles was stabbed with a penknife in the hands of Joseph Morris, a tailor, aged twenty, living at No. 13 Forsyth street. The lat- ter was placed on trial erday for the offence, when he claimed that he did the stabbing in self-defence, He was sentenced to State Prison for eighteen months. ATTEMPTED LARCENY. A lad named Thomas J. Hackett pleaded guilty of an attempt at grand larceny and was sent to the Peniten- tiary for ive months, TOMBS POLICE COURT. Before Judge Bixby. ASSAULT WITH A RAZOR. Lavinia Hall, a colored woman, and Mary Wilson, of Caucasian complexion, quarrelled a few nights ago over the personal merits of their respective liege lords, Mrs. Hall became excited, and, drawing a razor from her pocket, made an assault upon Mrs. Wilson. Tho latter received a severe cut on the throat, Yosterday Lavinia ‘was held in $1,000 bail to answer for telonious assault, PICKPOCKETS. Henry Brady and William Montgomery wore held to answer on a charge of attempting to pick an unknown person’s pocket ona Fourth avenue car on last Friday night. Julius Fellner, a conductor, made the com- plaint. “Bail was fixed in the caso of Brady at $1,000 and in that of Montgomery at $500. WASHINGTON PLACE POLICE COURT, Before Judge Kilbreth. KEEPING A DISORDERLY HOUSE. Frank Shaker, of Greene street, was held in $1,000 for keeping a disorderly house. The complainant was his neighbor, Anna Smith, of the samo street. SHOPLIFTING. Annie McDonough was held in $300 to answer for stealing bracelets and a handkerchief from Fbrichs’ store, No. 287 Righth avenue. The prisoner was caught in the act by Alexander G, Sisson, an employé jaw store, A HORSE CASE. Michael Roach, of Thirty-ninth street and Third ave- nue, was held in $1,500 for obtaining by false pro- tenses a horse and wagon valued at $135 from Peter Quinn, of No. 466 Degraw street, Brooklyn. The pris- oner, in November last, purchased the horse and wagon, paying §15 in cash and giving a note for $120, which ‘proved to be worthless, BURGLARY ON THE WEST GIDE. John J. Rountry and Henry Bevelling, of No, 517 ‘Wost Twenty-eighth street, were hold in $1,500 each for burglariously entering the unoccupied house No. 860 West Twenty-ninth street, and stealing 160 yards of oilcloth, valued at $75. The prisoners were arrested by Officer Price, of the Twentieth precinct. The com- ‘inant is the owner of the house, Leopold Peck, of 0, at Woes Sar streot, John J. bangin also cl with st Ing @ canvas cover or ta! in, yalued at from George Green, of No. 08 Eaak Twenty-cighth street, for which he was held in $500 to answer. RAID ON A GAMBLING HOUSE. Officer Kehoe, of the Twentieth precinct, arrested John Murray, dealer, aud Thomas F. Coughlin, game keeper, for keeping a “sweat” gambling house at No, 214 Went Thirticth street. Each prisoner was held in $1,000 to answer. POLICE COURT NOTES. At the Tombs Police Court yesteraay James Roberts was hel to answer ona charge of keeping lottery policy shop at No. 168 West Broadway. The place was the resort of many colored people of the Fifth ward, ‘At Washington Piace Police Court Michael Doyle was held tn for peeing Ae Sawyer. Bernard Kerrigan and Mi in wore held for further examination. The prisoners were arrosted by OfRoee Coleeh, the Sixteenth precinct, for partes uantity of clothing in their possession without r7 dite to give a satisfactory account of how they ob- tainod tt. Thomas Doyle was held in $209 for stealing $16 from Mary Flynn, of No, 8 Worth street, COURT CALENDARS—THIS DAY. Sopneun Covrt—Cuammens—Hoild by J) - ta, 9, 8, 1 PPT Nos. peri cree Om fod 18 wis " See TES a Teax—Held by Sudge Don- be 1. ot and rica, ; 08. 3 Ey Tih, i att 119, tb i, Bae ees Qi SUPREME #_Cinours—Part 1—Held by Judge ‘Yan Vorst.—Nos. 8834, 2070, 807, 8845, 2181, 2119, 467, 23 Fe by Jag Wentrook. “Cane on, No. Now Misi, 4008, 308, 8377, Ibef alony LaSlg, 1030, '924 54, 956, 4, . sie neal Ra i Ha ak rapier se ao 2—Held J ir. —Nos. 181) 956, 9b4, 800%, 058, 1218, 990, 712, 704, Bt mR COURT. sa"8h'e.'t on 20, 4, ak a viet ttt Cae ee ‘an Hoesen. —Nos. 5 11 728 Part 9—1 05, 350, 1111, 1093, Mi Pusas—Equrry Taam—Hold by Judge J. F. pay eNo. 18 {ice Pexas—Guvenat, Txnw—Held by Chief Jas- Kobi and Larremore —N: a 130,134, 140, 142, 143, 8, 48,73, Toou Kon dats vr, clad ‘Gua, 3001. Sala, 3623, 4 . 6174, 6345, Mo, 254i, 3716, 3728, 8719, 3722, 372% Part 3 Held by Judge Sheridan. —Nos. BTO1, 6305, 4690, 5796, 5940, 4950, 4607, 4476, 5754, O1¥2, - 6307, 4001, 3743, 4604. Suther URT OF GENRRAL Sasgions—Hela by Judge P land.—The People vs Frank MoCarthy, ‘ Same vs. William T. Frwin and John Burns, but ; Same va. Rody Bruner and Joseph Costello, burglary; Same vs, Martin Meyers and Albert Manglis, burglary ; Same vs. John Keefe, burglary; Same vs, Mary Taffais, grand larceny; Same va. Mary Pritchard, grand larceny; Same vs. Wylie McPherson, grand larceny; Same vs. Daniel M. Reed, grand larceny. UNITED STATES SUPREME COURT. Wasaroros, Jan. 4, 1876. In the United States Supreme Court yesterday the tollowing cases were argued :— No. 99. Allen vs. Allon—Appeal from Court for the District of Columbia. —Thie was tion of the wife fora diverco a mensa et thoro, on the of desertion. The judgment below was against for irregularity invalidating the service of process. It is here maintained that the jadgment was erroneous in so holding. The question upon the merits, aside from that of desertion, is whether certain real estate, hold in the name of the husband, was purchased by the means of the wife, derived from her father, and, therefore, hers, as claimed, or whether, in point of . gags C. estat pe — f claims m. hompson cr 5 J Bradley, %, for aj jee. wit sie No. 101. Haines et al. va. Carpenter et al —Appeal from the Cireuit Court for Louisiana.—This is a suit of the sqacinats as trustees of the Baptist church of Vicksburg to recover from the appellec, Carpenter, ex- ecutor, and others, under a devise for the benefit of the church, made im the willot one Mrs. Groves, of Madi- Parish, Louisiana The bili charged conspiracy be- tween Carpenter, as trustec, and the other defend- ants, to have unfounded claims established against the estate in succession, im fraud of the rights of the church. The Court below sustained the demurrer to the bill, on the ground, first, that exclusive jurisdiction of the mat- ter of the suit was vested in the courts of the State; and, second, that the matters complained of were not subject tothe equity powers of the United States courta, Itis here contended otherwise, and the case of Payne vs. Hook, 7 Wallace, 425, is cited as a case in point on the authority of which, itis said, there must be a re- versal, Case submitted ‘on the printed briefs of Joseph Casey, for appellant ppellee not appearing. In the Supreme Court of the United States to-day, on motion of Mr. N. H. Sharpless, Charles Swayne, of Philadelpia, was admitted to practice ag an attorney and solicitor of this court, No. 87, Danie! C. Sawin plaintiff in error va. Dennis G. Kenney and Thomas Foley.—Mr. M. H. Carpenter suggested the death of Thomas Foley, one of the do- fendants in error, and moved that the cuse as. against him, Granted, No, 87. Daniel C. Sawin, plaintiff {n error, vs. Dennis G. Kenney.—Mr, Corwine moved the Court to enter the appearance of the administratrix of Daniel 0, Sawin, the plaintiff in error in this cause, whese death has alrcady beon suggested. Granted, No. 57, The First Unitarian Society of Chicago, plain- tiff in error, vs, H. F. Faulkner, ot al.—Om motion of Mr. Quinton mandate allowed to issue, No. 391. The Manhattan Life Insuranee Company, plaintiff in error, vs. R. S. Buck.—This cause was sub- mitted on printed arguments by Mr. A. B. Pittman of counsel for the plaintiff im error and by Mr, W. P. Harris for the defendant in error under the twentieth ru No, 608. Mr. H. Hoover, assignee, &c., plains#if in error, vs. Abrahim Wise, et al,—This cause was sub- mitted on printed arguments by Mr. J. HL. B. Latrobe of counsel tor plaintiff in error, and by Mr. W. W. Boyce for the defendants in error, under the twentieth rule, No. 609. The Board of Liquidation of Louisiana et al., appellanta, vs. H. 5. McComb,—This cause waa sub- mitted on printed argument by Mr. J. A. Campbell and Mr, J. @ A. Fellows, of counsel for the appellants, and by Mr. Thomas J. Semmes and Mr, Robert Mott for the appellees, under the twentieth rule, No, 634 Désiré A. Chaffraix, a] Nant, vs, Arthar Shiff.—This cause was submitted on printed argument by Mr. C. Robinson, of counsel for the appellant, under the twentieth rule, No, 730, Frank A. Otis etal, plaintiffs in error, vs. Honry B, Cullum, recetver, &¢,—This cause was sub- mitted on printed argument by ed Ennis, of coan- sel for the plainuff in error, and Mr. George B. Pock defendant in error, under the twentieth rale. No. 108. Sarah £. Lloyd etal., appellants, vs, M. C, Fulton, trustee, &c.—This cause was ed. by Mr. P, Phillips, of counsel for appellants, and fir. Joba D. Page for the appellee, 0. appellants, va, 109. Thomas E, Williams et al. Thomas E. Fioreuce et al.—Passed, No, 110. Rufus Baker and Isaac F. Baker, assignees, &eo., plaintiffs tn error, vs Henry S. White.—The arga- ment of this cause was commeaced by Mr, Charles E. Perkins, of plaintifis in error, ‘Adjourned until to-morrow. FATHER AND SON. Arathor interesting case came up for examination yesterday before the Shoriff’s jury, the point involved being whether Mr. Daniel N, Field is sufficiently sane to be intrusted with the care of his property, His son, Daniel Curtis Field, charges that his mind is in an tm- paired condition and that he is not a fit custodian of hig estate, The evidence showed that the elder Mr. Field is the owner of property to the value of some $300,000; that by his first wite he has four children living—three daughters and a son—the latter being Daniel Curtis Field; that some eight years ago he married a second wife, and that last summer he had a stroke of to vee to which is attributed his alleged mental imbecility. Dr. Briggs, Professor Newton ‘an old nurse were tho principal witnesses to prove his insane condition, Their testi- mony was to tho effect that he had been attacked with congestion of the brain, and that during their attend. ‘ance upon him he gave indications of mental aberra- tion, In opposition various witnesses were called, in- cluding Dr, Hammond and other medical gentlemen. They stated that they had thoroughly examined into his case and found that the stroke of paralysis was not from congestion of tho brain, but the result of =hemorrh and affected only his motive powers. In their opinion his mind was perfectly sane, his memory unimpaired, bis speech distinct and bis Judgment. in no way deteriora They declared bim'to be in the same state as General Hooker, who hada similar attack. There will be a further examipa- tion a week from to-morrow. It is charged that the proceedings have been instituted for the purpose of lacing Mr. Field ina lunatic asylum and of depriving flim of the care of his large property. BOWEN-EAGLE LIBEL SUITS. Tho suite of Henry G. Bowen against the Brooklyn Daily Eagle and James McDermott, a former reporter for that paper, were to have been commenced yester- day forenoon in Part 2, Brooklyn City Court, before Judge Neilson, The aggregate amount claimed for damage to character occasioned by the Publication of the objectionable articles was $150,000. Mr. Ira Shafer, who appeared tor Mr. Bowen, stated to the Court that ex-Judge Fullerton was unavoidably abgen! boing engaged in a case in New York, and as they di not wish (o proceed in his absence counsel asked for an adjournment till the afternoon. Mr. W. U. DeWitt, who, in conjunction with Mr. Beach and Mr. Jessie Johnsen, appeared for the defendants, said that the: could go on without Mr. Fullerton. After a brtef consul- tation between Mossra. Shafer and Bosch it was agreed to adjourn till two o’clock P. M., and the Court so ordered. At that hour Mr. Bowen was not nt Mr. Shafer and Mr. Jobnson held a consul tation In whispered tones, and then approached the Bench. To Judge Neilson paper wa nded, with the remark that “the case had been settlod—that they had arranged for a discontinuance of these actions.” igo Neilson said he felt very grateful that counsel bad been able to come to hl deesae pe ‘The stipula- tion set forth that ‘on an informal conversation be- tween the counsel for both parties it was concluded, without conference with their clients, that the tion of this action be discontinced, without regard to the question of the merit of this action, or any other extrinsic matter or suit,” Upon this the Court ordered the action discontinued, without costa THE MURDERED JEWESS. PESACH MN. RUBENSTEIN annalaned®-1E PLEADS NOT GUILTY. District Attorney Britton’ has determined upon losing no time in disposing of the indictment found against the alleged murderer of Sara Alexander, Yesterday the prisoner, who bas regained his usual health, was brought before the Court of Oyer and Term! Judge Pratt and Associate Tustices Wolters tnd ‘Mekibogn being on the bench. He was represented by Mr. Mott a8 counsel, and appeared anxious and nervous under the entrated gaze of the crowded court room. Mr. Britton moved the arraignment ot the prisoner, who was brought before the bar, The District Attorney said:—“Rubepstein, you are indicted for having, op the 12th of December last, feloniously killed Sara Aloxander in the town of ha | Lots, county of Kings, Aro you guilty or not guilty?” “Not guilty," Tepited the aconsed man, in a faltering tone of voice, Mr, Britton then notice that the case would bo moved for trial on the third Monday of January or as early thereafter as convenient, , Mott asked to have the privilege of withdrawi the plea “Not guilty” and of entering a special plea a future stage of the casa, The Court said that wag matter to be settled be- tween defendant's counsel and the District Attorney. Counsel said he had not had time to examine the in- dictment, and bee S. ret to know what wit nesses were to on the rgument the onse was set down for the third Monday of the month, and Rubenstein was sent back to his cell in the Raymond Street Jail. BROOKLYN CRIMINALS SENTENCED. Yesterday afternoon, in the Kings county Court of Sessions, before Judge Moore, George Ferguson, a no- torious aesperado, who bag been indicted for larceny from the person, having committed a daring highway robbery in South Brooklyn in the ress aatn who has served aterm of years in Prison for » fence, was Ho withdrew the plea wi he bad formerly interposed, 1876.—TRIPLE SHKXT, Part THE FIRE DEPARTMENT. A STATEMENT OF WHAT Wis DONM LAST YEARB— INTERESTING RECORDS—THE CAUSES FHOM WHICH FIRES ORIGINATE—INDICTMENTS AND CONVICTIONS. ‘The following wil! be found a complete record of the domgs ofthe Fire Department for the past year as compiled from the official statements of the Board of Commissioners covering @ period from Jamuary 1, 1875, to Decomber 31, 1875, both inotusive:— PRRSONNEL. Deaths resulting from disease... n Deaths resulting from accidents. 3 36 oy 83 + 168 33 350 Reductions tn rank. 6 Fines imposed for infraction of discipli 66 Fines imposed for loss of badges. 8 Relieved from duty. 5 Removed from office. 1 Appointment revoked. 1 SANITARY CONDITION OF TI Number of cases of ordinary illness. 18 Number of cuses of accidents and inj 50 Total number of casea requirmg treatment 256 Loss of time rosulting therefrom, days.......... 3,077 TRLEGRAPH CALLS AND ALARM® RKOEIVED AT AND TRANS MITTKD FROM HEADQUARTERS, First alarm from street boxes. First alarm from bell towers... Second alarm: Special calis for companies, Speciai calls for ambulances. Total alarms and cAalls....csssecnseseeeeeeesees 1,050 Messages transmittod. ‘BAL Messages received, 1 Total,. Notices of still alarms received. FIRES, Number communicated by telograph Number communicated by other moans. . DURA osx. wis cansiny cols Sebatbesoeidanedunans, MAME In buildings— Confined to buildings {n which tt originated... 1,347 Extended to other buildings. 3h In woods. Ou piers... Total. ..ccecseeee Discovered by firemen Discovered by policeme: Discovered by bell ringers. ot Discovered by citizens. 812 Total... 1,413 Slight. 84 Consider: . 56 Totally destroy 6 ms By fire extinguishers 162 By buckets of water, kc. 625 By chemical engin + By hydrant streams. . lu By one engine stream. 173 By more than one engine stream. UM espa esate tdatKiddnctshetonivnsier RMIT ESTIMATED LOSS ABD INSURANCE. Eons, Insurance, On buildings, &o... $512,947 $5,607,425, On stock... 1,959,587 10, 588,403, Total..... $2,472,538 $16,190,888 “UNINSURED Loss, On buildings, &o, On stock Total. The loss was less than $100at. The loss was between $100 and $1,000 at 256 ‘Tho loss was between $1,000 and $5,000 at. 107 ‘The loss was between $5,000 aud $10,000 a ‘Tho i088 was between $10,000 and $20,000 12 The loaa was between $20,000 and $50,000 at. 10 ‘The loss was between $50,000 and $100,000 ai Over $100,000 Ot. ....eeeeereeee CAUSE AND ORIGIN OF FIRES, Acid tgnitin ‘Alcohol igniting. Accidental, specti¢ cause unknown Benzine vapor igniting.. Back draft of chimney Back drait of furnace. Bursting of water back of rang Carolessness of occupant and ‘matches, cigars, oii8, &c... Chemicals'boiling’ on furnace. Children playing with matches, Cinders from grates... Charcoal furnace setting Clothing taking Gre trom stove. Candies and lamps settin Coals falling from furnace. Defective arrangement of f Defective fluos, ranges, heaters ai Dress tak! ire from gaslight. of liquid gas..... Escaped gas from meter and pipes igniting 3 § cee Buw so “3 Tas Ber Sareone - et Same Firoworks...... ef taking fire (rom gaslight.. Fire pot u ca Goods in show windows taking fire from gash Gas explosions. . Gaslight setting fire to woodwork Grease dropp eg in fire Hot coals, ashes, &c. Hams falling in fre Insecure stovepip Heat from boilers an Incendiary and supposed incendiary. Improper arrangement of tailor's Bt Kerosene lamp explosion and upsetting Lime slacking In wooden box. Taquor boiling over on stov: a tort Rote > HBRe odes iclous mischief, Not ascertained. Glue boiling 0 Overheated oveus, stovepipes, boilers, furnac &e Overheated journals, Phosphorus ignitin; Rekindling of old fires..... oe Rubbish igniting from steam pipe, Rats knawing matches........... Soot igniting and sotting fire to freboard. 5 Sparks from stoves, stovepipes, forges, chimneys and furna Stoves upsett . Soar boiling over on furnace. . ‘ jpontaneous combustion of olly sawdust, waste, iC. vevee teseee oe soe oe Spontaneous combustion of chemicals. . Slaking of lime... Shavings taking fire from Vapor of kerosene oil igniting. . omer S week wormed Vagrant sotting fire to straw, &c. 2 Varnish boiling 7 Window curtains aT Unknown causes. . iy 2 7 1 INDICTMANTS AND COXVIOTIONS. Indictments for arson. .. Indictments for purjury. Total... Convictions OPERATIONS UNDER THR LAW REGULATING COMBUSTIBLRS Sompiatnis of violation o¢ law rocelee2. iy Violations removed on notice, .... 206 Reported to Superintendent of Buildings. 187 Re; Corporation Attorney. 2 Licenses issued for sale of oil. .. 8,004 icenees Issued for sale of powder. 207 Penaities for selling of! below test collected ee Penalty for opening batchway. ... é 1 Penalty for hydrant obstruction. . *i 1 VINANCIAL, Amount of payrolls for the year, «$4,284,151 The sulenent in bn ord oie ee financial trans- actions of the departmen' yet be given, owing to the fact that many Claims are still outstanding and have yet to be settled. ‘The statements in regard to the condition of the re- Hef and insurance fands will also have to be gi ata ware they not having as yet been ectly, THE POLICE BOARD. FIRST SESSION OF THE MEW COMMISSIONERS. The now Board of Police met in open session at eleven o'clock yesterday morning for the first time, President Smith took the chair that was wont to hold the portly form of his predecessor, and the new Com- missioners occupted seats on his left, Mr, Voorbis re- taining his old place, ‘Tho minutes of the provious meeting were read and od, after which the weekly routine of business was takon up. Fa. tion of —— Joba ©, Knapp, the ighth precinct, was accep’ ‘Sn motion of Mr. Vooris tho President was author. the members of commitices to as follows. on be ag members; itteo on Rules and Disc! ree members; misecs Om Mepaire nd ‘Sepvten two members; = ae il ——~ ciates, and Mr. Voordis chairman of the Committes on Repatra and supplies, with Mr. Wheeler ag associate. imisetoner Voorhis tendered his resignation as Treasurer of the Board aud Mr. Wheeler was elected to the The President stated that he bad been left by lis lecessor the heapew | in the undisposed cases. of ptains Williams and Kiljilea, whieh woud! tura over to the chief clerk, to be called ap when desired, The meeting then adjourned. BOARD OF APPORTIONMENT. The Board of Apportionmeat held a short meeting yesterday afternoon in the Mayor’s office, Comptroller Green, Alderman Lowis, Tax Commissioner Wheeler and Mayor Wickham being present, A resolution was passed fixing the salaries of Commissioners of the Third Distriet Court House at $2,500 for the President and $2,000 for each of the Commissioners. The Mayor offered a resolution providing for tho transfer of all un- expended balances of the a it departments for 1874 the general fund, er. The Board then adjourned w HEALTH ,DEPARTMENT. GEXEBAL REDUCTION OF SALARIES AND OTHER CHANGES, Tho Board of Health held a protracted secret session yestorday afternoon, at which \ was decided to make @ general reduction in the salaries of all connected with the department. This course was rendered necessary by the reduction in the appropriation for 1876 of $20,000. Tho appropriation for salaries for tho yoar 1875 wad $140,000, but for 1876 the sum granted is only $120,000, The salary of Sanitary Inspectors, which has hitherto been $1,800 per auoum, will be cut down $1,600, and Assistant Senitary Inspectors will receive $1,350 per year, instead of $1,500, as formerly. No arbitrary percentage in the reduction was decided upom by the Commissioners, but the average ia ten per cent. Ina few instances, where the salaries paid have been very small, no reduction baa been made, With these exceptions no official, from the Secretary of the Board down to the messenger, haa been exempted. The salaries of the Commissioners, being ftxed by law, will remain unchanged. Asa matter of course the feeling throughont the de- partment at the unlooked-for reduction i# one of rogret, and it is probable that many of the omployés will give up their positions rather than remain at their new tary Bureau, the whole to be under the charge of Sami- tary Superintendent _s ‘This will render vacant the office of Registrar of Vital Statistics, held for many years by Dr, Elisha Harris, A resolution requesting the Board of Apportionment to make the desired change was adopted. THE CITY'S BMALTH. The report of the Registrar of Vital Statistics shows that during the year just closed there were 30,708 death@ in this city. During the last week of the year 556 deaths were reported aguinst 579 in the corresponding week of the previous year. The rates of mortality in the city upon the enumerated population as returned by the census would be 20.95 in every 1,000 living. The of the normal increase of population is shown by tiie last two census enumerations to be 1.5 per cent an- nually. This rate of increase would giv 47,044 ag the total population of the city on the f July, om which the annual death rate la based, and which for 1875 is 29.31 per 1,000. ‘The mean temperature in. the Central Park, a9 ro- ported by Director Draper, last week was 40 degrees Fahrenheit, In the coresponding period of last year it was 22.9 degrees, MUNICIPAL NOTES, The committee on rumors around the City Hall hes again circulated the report that Mayor Wickham tn- tends to send in the name of General Fitz John Porter for confirmation as Commissioner of Public Wor! iy the next meeting of the Board of Aldermen. It ia also hinted that things have been ‘‘fixea’? to secure the confirmation, Mr. Allan Campbell's name is algo mea- tioned in connection witt this place, Three one hundred dollar bills were yesterday sent ta Mayor Wickham in an anonymous letter for use of the city. It ts supposed to be “‘vonseience money” trans- mitted by some gentleman of the Tweed school. Bids were opened yesterday by Comptroller Green for the franchise to ran the new Staten Island ferry from the foot of Whitehall street. The following bide were received:—John H. Starrin, fifty per cent of tho receipts; Staten Island Railroad’ Compuny, five por cent; New York and Staten Island Company ten por cent. The award has not yet been made. William H. Pendleton, President of the Opposition Staten Island Ferry Company, was yesterday arrested by Deputy Shoriff McGonigle and lodged in Ludlow Bireet Jail tor thirty days for coutempt of Court in Violating an injunction, The committees of the new Board of Aldermen will be announced at to-morrow’s meeting. Mr. William §. Wolfe, connsel for the pecaliarly organized opposition Board of Aldermen and Assistant Aldermen, again visited the Mayor's office yesterday, oe did not sucoced in having an interview with Hig jonor. A number of Aldermen and members of the third house left for Albany at an early hour yesterday mora- ing to participate im the organization ceremonies of the Legislature, KIGKED BY HER HUSBAND, Bridget Smith, of No. 73 Cherry street, was kicked by her husband Monday night, and the injury proved to be of such a severe character that she had to be removed to the Chambers Street Hospital, where Coroner Croker took her ante-mortem statement yes terday, which reads as follow: I am a@ married woman; my busband’s name is CharleS Smith. On New Year's Day I was taking @ little vb when my husband scolded me; I answered him esterday evening we had another jawing ‘was under tho influence of liquor and v@ near drunk; I do not recollect what I said to him, vk while standing, he kicked mo. I think it was abou six o'clock; he niy kicked me once; [ hive been’ enceinte® about four months; after being kicked I lay down on the floor ‘and wy husband went down stairs; not long after be came bagel with oificers; 1 was thon placed on a stretcher and car- ried to the station house, and thence to this hospital; my hasband has often given me a slap, but it was always for drinking; be is not a drinking man, and wag not under the influence of liquor when he kicked me; there was no one present when he kicked me except our children; one was five and the other two years old; I was bleeding when taken from the house, but not be- fore I was kicked; this all occurred in our rooms at 73 Cherry street. ‘Smith has beon arrested and locked up in the Tombs to await tho result of his wife's injuries back ; scrape; MRS. M'KENZIE’'S DEATH. In tho case of Mrs. Lottie McKenzie, who died Jan- uary 1 in giving birth promaturely to a child, an ta- quest was held, at the request of her husband, Georgd 8. McKenzie, from whom sho was divorced about twelve months ago, He suspected that sho was the victim of malpractice, procured at the instigation of a member of the Brooklyn Bar, with whom ebe was al Jeged to be intimate, Tho post-mortem oxamination showed, however, that death was caused by paralysis of the heart, resulting from nervous shock, occasioned by excessive use of stimulants, to which sho has beew addieted since her domestic troubles began. The, verdict ot the ~ was in accord- ancp with the facts, 0 deceased Wy married to a wealthy tea merchant of York about ten years ago, and irwed happily, surrounded by severat children and & host of acquaintances, in State street, Brookiyn, wl! within the past three Foar whon he sus- pected that she had been unfaithful to him, Mr. McKen- Rie brought sult for divorce in the City Court against her twice, The first time the jury failed to agree. Oa the second trial the wife put in no defence and the case went by default against her. Since then she has been living at No, 284 Classon avenue, She was abott thirty- two years of age, accomplished, pre, jing in man- ner and ap ance, and respectably Connected in Brooklyn, where she was born. She was interred ia Greenwood Cemetery yesterday afternoon, THE BROOKLYN SHOOTING CASE, Mr. John Johnson, who was shot insome uner plained manner early Monday morning, in Lafayette avenue, Brooklyn, is at his residence ina much im- proved condition, and although bullet passed eh s, the physicians in atrondance think bis recovery is any ‘obable, The theory that hiv wounas are sel! nilic! has gained general credence. One of his neighbors saya that the wounded man Fe- cently told his family that he dreamed he was to be as- ted, and that after narrating the gream hebad manner, It is ulso stated ho is proprietor of a boat- building ¢ ‘ater street, was embarrassed in his business afaira, The police are laboring assidu- ously to dispel the mystery of the case. peerentiandastnat dentro nana DEATH OF A PROMINENT CATERER, —— ‘William Bantane, colored, of No. 105 Macdouger treet, fell dead from heart disease in the Fulton ferry house last night. Mr. Bantane came to this city from Balti- ‘More about fourteen years ago and made a reputatiot hi a “ar reas ene the Bight At the time Sees A sid wateh ‘and chain and a set of ee THE HACKENSACK SHOOTING CASE, Jacob Yagle, the West Hoboken sportsman who, Hackensack, N. J., shotrm bail from jail. released on