The New York Herald Newspaper, January 6, 1876, Page 11

“THE COU Another Stumbling Block in the Tweed Civil Suits, for a particular course of procedure, t the statute points out must be of an ordinary jury, when the sole object is to obtain a competent jury, so long as there is one competent ob- tained minor non-compliance with statutes may but when the object is the pro- curation of one ‘most indifferent between the parties and best qualified to try such caus Mts obtainment is iret, Has the jury ‘elisors {rom a proper list of jurors filed in the office? In beginning this discussion we must see what are the provisions of the statute on the the time appointed the Clerk of the County at his office with the original lists of the jurors returned to him bythe officers of the several towns, who are then liable to serve, and, in the presence of the parties or their counsel, shall proceed to strike a jury as fol- lows :—The Clerk shall select from such lists the pamos persons whom he shall deem most indif- ferent between the parties and best qualified to try such cause.” They are to be taken from the lists of jarors returned to ‘of the several towns. Suppose, was in th country, that the lists were filed and the mames were taken from them, would the objection that ‘the lists furnished to the Clerk were imperfect—that officers had not done their duty—be valid? think not; because the Clerk has obéy' ‘the mere omission by the officers would not invalidate y done or working ® perceptible preju- dice. The officers, in making returos, scarcely ever do ‘their full duty, and if this neither a struck jury nor an; In applying this statute to be overlooked; ‘of forty-cight the Clerk b: prepari y Commissioner as soon after the Ist day of May in each year as the ame can be prepared, and when such “list 1s com- hall be delivered to the County Werk, who shall prepare the baliois and deposit them now required by law. The any time in like manner re- rn the names of any persons written in the list, if no sufficient cause to excuse such persons, names shall be deposited in the box as jurors for the the year that the other jurors are t From the vast aud fluctuating population of th perfect list of jurors can never be obtained, nor even in ‘time for the necessities of courts can tho ju the Commissioner of Jurors of those possidl: ted a certified copy s! in the box in the mann -gaid Commissioner: may copy of lists made out a certified copy hi been an official notification to the clerk of he had selected to serve as jurors and ‘whom the law gave bim the right 0 to seleck. Now, instead of tolling the clerk indirectly what jurors he bas selected as competent to serve, by certify. list which he hy his own office, he rk directly who the jurors selected are by simply so declaring what substantial difference exists, the samo result—the selection of jurors com dication thereof to the clerk—is end the mere form of the commynication to that off- cer, whether indirectly, by certify ing of a lis, of names selected, or ames, twenty-four passed the judgment of th which Jasues to the Sheriff shail command mon tie identical twenty-four men—no more, no less; fourth, the Sheriff can only summon the mon whom guch process directs him to summon. This is evident visions of the statute, the 48th sect cond Revised Statutes, 435, Edmun which list each part; é there shal! be made out ns not stricken out’ which shall be the persons drawn to serve as pursuant to this order of the Cou such list so certified to 49th section then requires the Sheriff to “summon the contained on the lists so lelivered to him by the clerk,’’ and there {8 no author- ity for the Sheriff to summon any other persons than those names are contained upon such lists, ene rules, the process—for such the list to the Sheriff is—was radically defective, It Rot only did not contain names all of whom were to be found upon the list trom which the choice was to be ‘fmade, but it had a more radical defect than that It did not contain the twenty-four names upon which the jgment of the clisors liad been exercisod. It con- ned tweaty-three such, and to it was added one, George W. Southwick, never chosen, and from it was 4 Omitied one, John C. Southwick (confessedly two dis- existence selected, When persons, and both present), who had been the process to the Sheriff, which must contain the ns who have deen selected includes the names to be valid? And names of twenty-foar fad chosen in a mode poin' of ouly twenty-three, can It be by wien (he Sheriff must summon the persons named can he summon any others? It seems to Me that the answers to these questions mast be in the negative, The chali to sustained on this beca: of the olisors be taki the counsel for the ‘ho ima of an early anda fact and ‘well defined course of RTS. Challenge to the Array of Jurors Sustained. Judge Westbrook on the Metropolitan Sys- tem of Making Up Panels. Proprietary Interests in Tele- graphic News. Looking Out for Relatives and Creditors Look- ing Out for Themselves, . In anticipation of the decision of Judge Westbrook, sto whether the challenge to the array of jurors in the case of William M. Tweed would be sustained, the Supreme Court, Circuit, was crowded yesterday morn- ing. Counsel for plaintiffs and defendants were promptly on hand, and were, doubtless, equally san- guine of victory. Judge Westbrook took his seat on the bench at half- past ten olclock, and on the case been called rendered » his decision as follows :— The challenge to the array of the special or struck ity which nes been summoned wo questions, whieh are—First, lisors from a proper list ot lerk’s office? and second, What is the effect upon the entire panel of placing upon the list of jurors certified by the elisors to have been selected th ae heen a ba D geooeh y aotaipas rd bee mot appear upon the list of names from which tl selection should haye been mad n both the traverse of the challenge an of the elisors show was never selected by them, Each of them will be notfoed in the order stated, Prelimi- marily to the examination of the speci 4s Important to notice a consideration which !s neces- to be remembered in passing upon cach, and that @ object <A the — hy as makes a special or t was passed to give and extraordinary intelligence and Integrity, or to use the language of the Btatute itself directing the Clerk of the County or the elisors as to its selection, are ‘most indifferent be- tween the purties, and best qualified to try such cause. ”” ‘The mode of obtaining such a jury is statute, and as it is a special jurpose, and out of the ordinary e mode of obtaining tt which ursued. In the case this trial presents jury been se- jurors, dled and = which the ovidence fic objections, It arties ina difficult more than usual early poi ” and the way of rescribed,.it necessarily follows is to be rigidly selected the officers if the selection thosstatute, and ment is to prevail er could be obtained. ew York city we must in- ‘terpret it and use its machipery, as modified by legis- licable to this city in lieu of lists by town officers fied with the Cierk, from which the selection is made (see chapter 495, Laws of 1847, section 3). hat & to of and he whole body Hable be obfained. . a8 well as by statute, ‘ime to time, and all those sent up to the time of Alection of the struck jur; ich selection is made, As in the case of lists furnished by town officers, they may be incomplete and imperfect; yet they are those from which the selection must be made, and when #0 made therefrom the mandatory Jaw is obeyed. Now, bad the Commissioner of Jurors ists when the present selection true he had not filed a copy certified Tiled would are those from wi toa list asa true rectly, by declar- oven, can make no differ- “ence. As the Clerk of the county had in his office, of jurors in this case was mad lists of names whom the Comumuissio: official certificat yr of Jurors, had declared competent to ee ‘this first ground of challenge cannot prevail. ad. What is the effect of summoni men whose nam ly twenty-three ‘appeared on tho lists from which the selection should have been mado and whom the elisors chose, and of one additional person, Geo: 'W. Southwick, whose name does not up; choice must apd whom the elisors did not, in fact, so designate. The ptain requirements of the statute aro—first, forty- ut names shall be chosen from the lists return shall remain, who have one and all he process im to 6um- editvon) requires the selection of forty-eight persons from: the original lists of jurors returned to the'clerk's shall alternately and shal) the county." The sole evidence of such choice, but he may resort, jaintiffs insist, to the evidence the selection, then the process or authority for the summoning was shew je cane oe beerienenee io persons chosen. In epost westions w! e challenge involves 1 have not overlooked the Bor the desirabilit; result which will ‘be reached by conforming to plain ru Proced: of this cause ‘trial, poten! NEW YOKK HEKALV, THUKSDAY, TELEGRAPHIC NEWS AS PROPERTY. | Which modern science has adapted to (he purposes of An tmportant decision was rondered yesterday by | excl other ‘and Tamunable to sce that makes. aa! , erence In the le governing written communi- Judge Van Brunt in a casé heard before him soveral | Cations whether Mr, Kieran aittiog In bls oMicey months ago in the Supreme Court, Special Term, the —— of the em, ‘sane nla — main point involved being the proprietary right of tele- | Aton Ubon | Paper im nies int bn ites in bis own office graphic news, the facts of which were fully publisbed | and then sends it to bis customers. [twas claimed in the Hearn during the progress of the trial. John | upon ihe few k Soe, Soyo sat x Kiernan Roving placed his machines in the ice Of bis customers with- J. Kiernan arranged with the Gold and Stock Telegraph | Cui" Pesiricting their use of the information which he Company #0 take charge of the business of furnishing | conveys to them by means of such machines, cannot forcign news received over its wires to their customers | restrain their making any use of it which they may below Canal street, and he also arranged with the Asso- | Wisi. ti seems to me that this proposition, cannos be susta! may ie Ly ciated Press to receive their foreign financial despatches } any distinct restriction faced by Mr. Kiernan, upol thirty minutes before general distribution, Nearly use of the information conveyed to simultaneously with these arrangements was one made Rg sae Mea . basil ae must have rom the very nature of the transacti by one Abbott with the Manhattan Quotation Company | that ho nad no right to wee or publish the said infra to obtain similar nows for distribution among the eus- | tion, except A. y soaneonee ae bis. 2772. business re seem that the transi tomers of tho Iattor company. It was charged by Kler- | 5y yr Kiernan of his “Foreizn Financial News’ to nan that Abbott took the news from the tapes and | his customers was but a qualified publication, which bulletin boards of the Gold and Stock Tele << Ree sot Bie stain Of properiy: therela. tie 10 re en! judgment ura! graph Company, and before the expiration of the | tne ‘defendant from the publication’ of the --Foreige specified time distributed the same among his custom cial Reports” of the plaintitt, ers, and thus destroyed the worth of Kiernan’s news to —— his customers, The suit was for an injunction to re A BANKER’S BANKRUPTCY, strain the Manhattan Quotation Telegraph Company For some years prior to 1873 Erastus F. Mead had from such alleged illegy) appropriation of the foreign | been carrying on the business of a banker and broker financial news of the Gold and Stock Telegraph Com- | at the corner of Third avenue and Twenty-fourth pany. The following is the opinion:— street. On the 26th of May, 1873, hestopped payment, In his written opinion, which fs a lengthy and an | with debts existing against him exceeding $300,000, elaborate one, Judge Van Brunt begins by stating that | Proceedings were entered against him in bankraptey, aera ee Ee ie tctuintit’ had | &24Samuol H, Vandevater appointed receiver of his any rights of Lay oa in Doc ob ob- | estate therem. Much testimony was taken in the salpee y ogee pd oe Tame bankruptcy proceedings before Mr, Henry Wildor Al- hacen, ‘The Mauhattan Quotation Telegraph Company, | 10, Register in Baukruptey, in relation to the insol- made use of this news by transmitting it over its wirea | vent’s disposition of property before his failure. Upon bs psn ght te ig hay ig the testimony thus taken a suit has now been com- p dred Press, did be abandon tech right when | ™eMced by the trustee, Mr. Vandewater, through his he transmitted such news to his customers? Tho | attorney, Mr. Horatio F. Averill, in the United States ‘Associated Pross is a corporation which has for its | District Court in this district, to set aside certain con- business the collection of news in all parts of the world tang aby over 000 worth of by ieee and which is, transmitted to the city of te 18 claimed to have been {raudulently con- New ork = for use of its members Mead just prior to his Searentey, Among the many classes of intelligence | This property |s situated in Westchester county, the thus transmitted from Europe is what is*| complaint or petition alleges, but the property in ques- called “foreign financial news,”’ consisting of qu ton was conveyed by Erastus F. Mead, the insolvent, tions, co! rentes, United States bonds, raili to hia brother George W. Mead by deed, the considera- stocks, the rates of interest and increase and docrease | tion for which purported to be $15,000, given in three of ie in the Banks of England and Franco. Tho | notes,and which deed was recorded on the 28th of Gold and Stock Telegraph Company 1s a corporation | March, 1873; on or about the 24th day of Decem- formed for the purpose of transmitting to its customers | ber, 1873, George W. Mead executed a pretended mort- by telegraph “foreign financial news’? and also ‘‘do- | gage on the same premises to Edward B. Brady to se- mestic financial news,"’ including the quotations of Sor favor thn of the sum of $7,000, payable in Decem- the Stock Exchange. ‘The piaintite was engaged in fur- | ber, 1875; that about the 4tn of February, 1875, George hishing to. his veustomers by tolograph ‘ioreign | W. Mead oxecuted a protended dood of ‘his interest in financial news.” The defendant, “The Manhattan | the same property, for a consideration of $1, to Gama- Quotation Telegraph Company,” was also engaged in | liel C. Benedict and Martin R. Mead, All ‘these con- the business of furnishing to its customers both orsign veyances, the henge nerd charges, were made withont and domestic financial news, and = the | any consideration therefor, and in pursuance of a defondant, Abbott, was its agent for the | spiracy between all the parties thereto with intent to rocuring of the’ same, The Gold and Stock | cheat, binder, delay and defraud the creditors of Kras- Rotograp Company had a contract or agreement by | tus F. Mead, and were made with full knowledge by all which it bad the exclusive use of all “foreign financial | the part.es thereto; that the said conveyance from news” for the space of thirty minutos after its receipt | said Erastus F. Mead to the seid George W. Mead waa by the Associated Press in this city. On the 10th of | made ata time when he, the said Erastus F. Mead, was January, 1872, the Goid and Stock Telegraph Com- | insolvent—was made in contemplation of such insol- pany made a contract with, the plaintiff, by which | vency and with a view to prevent the property from they gave to the exclusive use of all © foreign cen te any assignee in bankruptoy, to provent the Snancial no received from the Associated Press for | same from being distributed under the act of bank- tho space of fifteen minutes after its receipt by them. | ruptey then in force, and to defeat its objet, operation The menner in which this business is conducted is as | and effect. Upon these grounds plaintiff asks that the follows:—Any news collected by the agents of the }. conveyances in question be set aside and that until the Associated Press abroad fs telegraphod by cable to the | termination of the suit all the parties charged with Associated Press, the message being in cypher, The | participation in the alleged conspiracy be restrained by message is then ‘translated by an employs of tho As- | injunction from disposing of interest acquired sociated Press, and such Frey! ‘as comes under the head | thereby by them respective! real party {n whose of financial nows 1s handed over to the Gold andStock | interest these proceedings bave been taken by the Telegraph Company, who sends it at once by a Morse | trustee appears to be Mr. Leonard Ellis, depositor wire to the office of Mr, Kiernan; itis then sont | with Erastus F. Mead, Ellis having been the only one back by Mr, Kiernan to the Gold and Stoel Telegraph | who filed specifications in opposition to the Company, with instructions to transmit it to hissub- | disebarge of tho - bankrupt, though seril which is immediately dona The mes- | proceedings, if successful, will inure to the sages thus sent are received by Mr. Kier- | all the creditors, Thus far all the trustee in tl nan’s subseribers in from one to three min- | ceedings has been able to realize is but about utes after their receipt by the Gold and Stock | worth of Mead’sproperty, Another suit of a similar Quotation Company from the Associated Press, If the | character has also been commenced by the same trus- Associated Press bas any rights of property in the | tee to impeach the title of Martin R. Mead, brother of news transmitted to it by ote by its agents | Erastus, to a pair of horses and carriage transferred by abroad, then already the pldintiff has succeeded to | the bankrupt after proceedings were commenced such hts as far as-relates to “foreign financial | saainst him. Still another suit has been commenced cows" ie the of at least fifteen minates after its | to recover from Robert J. Mag brother-in-law of receipt from the Associated Press by the Gold and | the bankrupt, certain property in Brooklyn, situated Stock Telegraph Company. It is claimed by the de- | on Greene avenue, and allogod to hav» been also fraudu- fendants that no such right of property exists in news | lently acquired by him ps ‘ho bankrupt at a fore. upon the ground that before this Totenigence waa | closure sale. A fourth suit has been commenced athered togother by the agents of the Associated | against H. A. Peck & Co., one of the partners of which corey Europo it was public property and open to all | firm is brother-in-law of the bankrupt, to recover the world and that it was not made the exclusive | $15,000, sas igs have been deposited by them with property of the Associated Press because it had beon | him in , 1872, and drawn out just prior collected and telegraphed to them by agents; that be- | to bis failure and afier knowledge by “them of fore it was gathered the first comer hada perfect right to | the bankrapt's insolvency, thus acquiring @ fraudulent nave this news and publish it, It may be perfectly true | preference, In the suit to set aside the conveyancy of that no person could, be restrained from the publication | the Westchester property the complaint sets forth as a of this news in Europo, but itis difficult to see how such | suspicious fact that although the deed to his brother @ right can be extended so far as to authorize | from the bankrupt was dated nearly three months pre- the publication of news which bas been | Viously it was not acknowledged until the day of his collected by tho agents of tho Associated Press | failure and was recorded the second day thereafter. and telegraphed to them at great expense. It | The complaints im all the cases are very voluminous, would be dn atrocious doctrine to hold that despatches | but the foregoing Is the substance of them, and the tes- the result of the diligence and expenditure of one man | timony on which they are based, as already takon na *could with tmpunity be piliered and published by an- | Mr. Averill, covers more than 500 folios, all of whic other. It is undoubtedly true that in respect to news | counsel for plaintiff claims in his paper tends to show its publication cannot Jo intertered with where the | thal Erastus F, Mead was more generous to his rela- party procures the intelligence by tho diligence of hig | tives than just to bis creditors. Th@ case canuot fail own agents, butif he seeks to profit by the superior | to become one of the causes céltbre under tite Bankrupt diligence of his aie ‘ is unjust that he should be al. law, e lowed to do so until the right of property has ny o abandoned by publication. It has been held:—The mere. DECISIONS. fact that a certain class of inforination to all that seek SUPREME COURT—CHAMBERS. By Judge Lawrence. ~ it is no answer to a claim to a right ped cing cate in such ‘and by his own labor has collected it * * ® This | Jordan vs. Clark.—Motion for a peremptory manda- information made by a person who at his own expense right of property, howe does not preclude another | mus denied, without costs Opinion. rson, as the By Judge Brady. Rom collectin; Baldwin vs. Puff.—Motion denied, with $10 costs, to see fit these abide the event. to the case of the Associated Press it is clear Fogg vs. Revere ps: snnnt that it has a right of property in all news transmitted By Judge Barrett. to it by its agents until it abandons that right by pub- National Broadway Bank vs. Bloomiegdale; Trodwell licatiow. The agenis of the Associated Press abr: vs. Jaudon; National Broadway Bank va Bioom\ng- only do that which any other person could | dale ot al.; Watera vs. Crawford; Wicke vs. Bondy; so disposed; but the collection of ne Treadwell vs. Jandon; Lite vs Rosenbush; Beseu- being the result of their own labor, and its value dah! vs. Bondy; Wicke va Bondy, and Whitman vs news being impressed upon it by the fact of such col. | Bondy —Motions granted. lection, and by the fact of it being telegraphed by cable Matter of widening the Boulevard between LOTth at great expense, clearly bring such despatches within | and 108th streets. —Keferred to Jolin N, Lewis to take the principie of the cases cit To say that the Asso- | proof and report. cr Press could not restrain the publication of its Martha A. Broadway vs. Thomas FE. Broadway.—Re- despatches by an, person who should surreptitiously | port confirmed and judgment of dworce granted. obtain them would be to hold that no private individual Strong vs. Lyou.—Extra allowance to dejendant of could prevent the publication of his own despatches if | $250. : they should happen to relate to public events. It seema } The People vs. Bengson.—I do not feel justified in to me clear, therefore, that there is a right of property ; awarding further compensation in this matter. which will be protected by the Court in the news Natioyal Broadway Bank vs. Bloomingdale et al.— collected by the Associated Press abroad and | Motion granted. Separate orders may be prepared. telegraphed to it by its agents, so long as that | Matter of 110th street, Reference ordered. ht is not abandoned by publication, and as Mr. Bidleman vs. Kittredge.—Motion granied. Memor- Ki ed rights of the Associated | andum. Press as far as relates to “foreign financial news,” he Birney vs. Marshall.—Motion for reference granted, is entitled to protection in the use of that news unless | and it 18 roferred to Charles H. Hildreth to bear and de- ho abandoned it by publication. termine unless the defendant within five days stipu- ‘The next question to be considered is, Has the de- | lates to admit the prices of the several itoms as well ag fendant, the Manhattan Quotation bcm i a Company, | the delivery thereof. made use of news belonging to jaintifl by trans- Green Moses and Oakiey vs. Groves.—Jadgments mitting It over its wires to (ts customers? It appears | granted. - by the undisputed evidence in the case that at least up | New York Guaranty and Indemnity Company va. to the time of the commencement of this action the | Neidig —Motion granted on payment within five days Manhattan Quotation Telegraph Company obtained all | of $10 term fee, $10 costs of motion and disbursemonts fits foreign Qnancial ne through defendant, | on inqwost. Judgment to stand as security and defend- Francis A. Abbott, who was its agent. There was no | ant (o stipulate to go to trial on the 17th inst... idence produced before that Abbott had any Sinclair vs. Oakley and Truck vs, Brink.—Motions means of information whatever, except such as he de- | denied, with $10 costs, to abide events, rived from the os of the tapes and those of the Ryder vs. Hall. —Motion granted. Gold and Stock Telegraph peg: ar and of the mani- Colborn vs. Trowbridge.—The application to dismiss fold slips of K in the offices of their cus- | the proceedings demied, and the defendant must be tomers, It wi jown by the plainti® | sworn. that in moi instance Mr. Abbott Kantoro vs, Vega.—Counsel may submit their author. than had been seen copying despatches from Mr. Kicr- | ities upon this question, and I should like to hear an pan’s [ate nl or aoe r.-! Lg ‘oe argument after the question has been examiped, mediate upon the tapes of the de- COUNT — We ais tnd thet on more shan . eens cours Pant 3, me errors were committed by the By Judge Van Vorst. Manhattan tompany as had been committed by Mr, Woodruff ct al. vs, Cadwell ot al—Findings of fact Kiernan bat a moment or a] Mpa ed goa on judgmont for plaintiff signed. upon the tapes of the Manhattan company purporti be @ special message from Lon- SUPREME COURT—SPECIAL TERM. don, which had its entire origin in the manifold slip By J Van Brunt. bung up by Mr. Kiernan in the rooms of the Gold Kiernan vs. Manhattan Quotation Telegraph Com- d. It ts shown by the eigen id Abbott | pany.—Judgment for piqintif® Opinion. that he did procure bis despatches from the customers icing of Mr. Kiernan, and that, although hes pretended that crac tet hasnt n aia oc be obtained Information through brokers in the city of By Judge Sedgwick. New York, no evidence upon the trial of this cage was | | New York Loan and Indemnity Company vs. Mead, that Mr. Abbott had ina single instance ob- be cee for extra allowance denied without costs, @ particle of fore nancial news from such a lomoraadum. source, at the concsion 7] Wresiatioey that the great Seaman vs. McReynelds.—Ordor settled. bulk of such information he obtained from the tapes of Mr. Kiernan’s machines or from bis henna ores Morera tan re manifold slips sont to customers. On behalf of the ae eae Manhattan Quotation Telegraph Company it is claimed Parseh vs Kurzman.—Motion dented; plaintiff's that, although Mr. Abbott may have illegitimately and | remedy is by motion in the proceedings in United wrongfully obtained the news which he furnished to | States District Court them, tbat they, being ignorant of this fact, are not to Beach vs. Wing. —Motion to punish for gomtempt de- be held liablo er the wrongful acts of their agont, Is | aied, with $10 costs. true rally that a principal is not Hable for tne’ cote ef Ais taenest bel, tbs SUMMARY OF LAW CASES, } gee a cannot avail himself and knowingly profit vy fal acts of his agent without fouls In the Walker divoree suit Judge J. F. Daty, of the therefor, The Manhattan company seem to have | Court of Common Pleas, yesterday appointed Nathaniol acted Coward its agent, Abbott, in precisely the same | Jarvis, Jr., Clork of the Court, refereo, to take testi- way a yl acted owe Se ng Bowen. Bowev, | mony as to Mr. Walker's property. cord bbott's accustomed 10 go over and cet for Abbott Toreigs Unancaal news, wigs Ferdinand Sartori, an Italian, was yesterday brought pret furnished to the Manhattan company, but | before United States Commissioner Osborn, charged Particular care never to inquire | with passing a counterfelt twenty-doll pe ee Re National Bank of Portiand, Conn, Us aud company, —e preaprgn bececonis that Abbott had no sources of his | $1,000 bail to answer, own rmation as reign Gnancial news, ased Judge Yan Hoesen, the newly elected Judge of the the news furnished by him without ever thinking it Hoccasary to. make Any investigation ‘of the. same | CoUrt of Common Pleas, has the appointment of two ject. * * * Having now determined that the plain- | court officers in his gift. Over 100 persons applied Uf had a right of property in his foreign financial news Ping ampeos athe uly oro Some of thom are backed and that the Manhattan company has made use of such | up by knowa politicians, news, the only remaining question to be considered is, ‘Ransom Parker, Jr., who furnished loe for the city, does the piaintif! abandon such t by transmitting had to bring suit for his pay. The case was tried yoo. such news to his customers? such transmission | terday before Judge Speir, of the Superior Court, and amounts to yg! pa then itis clear that | resulted in @ verdict for@1,622 24 in his favor, The all rights of Frage om It Is not necessary | usual defence of ‘no ”? was set up. that f should here i the propo bg og The libel suit brought yy tee tate Oliver Chartiok of the Court to t such oat norerw. It is @ | against the proprietors of Post was called question which been decided by our a court | on for trial yesterday, In the Court Common Pleas, and must be considered as the law of the State. | betore Judge Van 1s, It being a porsonai sutt, the It has been held that the representation of adrama | death of Mr. Charlick put an end to further th w is not such a plication sa ves the euthor of bis right of therein. Eee suit in the nature of ase warranto has been wery of a lecture to a public or the the officers inted by the newly elected ing of a sermon by & minister vo his Durer Court deagenagunet the care appointed by does not work a forfeiture of the common law Judges elected two years ago. 1s claimed the sermon, * © © It is | totter that their tment was for six years and that the appoia' of io ; g 3 JANUARY 6, 1876.—-TRIPLE SHEKT. Pleas, was finished yesterday. The jury gave Storer a | 965, 1675, 1745, 689, 8T9, 863, Té1, 521, 735. Part 2 verdict for $1,614 50, to be deducted from the amount | Held by Judgo Spoir.—Nos. 1826, 966, i of the original note of $5,000, which has been reduced | 614, 1990, T18, 894, 608, 950, 416, 1286, nea ea” ‘sng $3,000 by previous payments, Surswion Court—Guvwndt Tinw—ileld' by Judges ‘That was only a brief enjoyment of liberty granted | Sedgwick and Curtis. . 2, 12, 16, 28, 29, dd, 35, 46, yesterday to th jane man who, under the pretence he 48, 49, 50, 51, 62, 54, 05, 56, of being @ son off ex-Police Commissioner Matsell, urmRiog Court—Sracia, Trxx—Held by Judge effected certain loans and thus becamé an inmate of the | Sandford. —No. 34. Penitentiary. His counsel, Mr. Poter Mitchell, had Common Piaas—Tarat Tenm—Part 1.—Hela by Judge 1245, 611, 1999, 1002, 1150, him brought yesterday before Judge Barrett, {n Su- | Van Hoesen. —Nos, 986, preme Court Chambers, on a. writot habeas corpus, | 1093, 728%, 001, 1318, 1244, 213 and effected his release He was immediately after- | Held by Judge Van brunt.—Nos. ward, however, arrested on a bench warrant from the | 1183, 1260, 1269, 1270, 1271, 12 District Attorney's office. 1380. In the case of James H. Jordan, dropped from the Common Pimas—GuxeraL Tarw—Hold by Chief Jus. roll of the Seventh regiment on account of his not be- | tice Daly and Judges Kobinson and Larremore —Case ing @ citizen of this State, and who applied for @ | on No, 43.—Nos. 93, 140, 79, 4, 7, 42, 62, 62, 85, 69, peromptory mandamus against Colonel Clark directing | 90, 145, 146, 147, 148, 150, 151. the restoration of his name to the roll, Judge Lawrence toumow Pixas—Equiry Teaa—Held by Judge J. ¥. [ahd yesterday, @ decision refusing to grant the man- a, ES mus. He holds that his name was properly dropped, fanins Count—Trrat Tenu—Part 1—Held by Chief pursuant to a special order tn compliance with the Dro- | Justice Shea.—Nos. 2147, 5807, 6149, 6210, 4610, 5772, visions of the Military Code. 3730, 6133, 6129, 6109, 6156, 5824, 5923, 5024, 6261. A case not long siice was tried in the Marine Court, | Part 2—Held by Judge McAdam. —Nos, 6174, 5635, 6322, boing a suit prought by ‘Theodore on against | 6152, 6666, 6984, 3470, 3625, 3076, 604, Charles Reilly o1 note for $500. The answer of the | 1651, 2624 Part 3—Hold by udgo Sheridan defendant was that the note was given to promote bis | 4607, 4476, 5754, 6305, 4630, 5796, 6307, 4801, 5723, election as member of the Assembly. This defence was | 5077, 5785, 6426, 6027, 5990, overruled and a verdict directed for the plaintiff. The Court Ov GENKRAL Sxssions—Held by Judge Suther- led to the General Term of the | land.—Tho People vs. Common Pleas, ¢ latter tribunal directs a new trial | Francis Seaver, felonious assault and bat In the case of Erwin Gomperta vs. James M. | vs. Henry Richardson, felonious assault and battery; Herron, Judge Gross, of the Marine Court, has just ren- | Samo vs. James Savage, burglary; Samo vs. William dered a decision in favor of the defendant, The case |. Daly and Martin Brennan, burgiary; Samo vs Morti- presented novel questions especially interesting. to | mer Sullivan, John Shea and Patrick Marphy, grand merchants and importers. In June, 1874, the defend. | larceny; Same va. Daniel M. Reid, grand farcoay,; eae ‘nt, who ts a wholesale dealer 1n confectioners’ stores, | vs. Samuel Gems, recelving stolen goods; Same vs. entored into a contract with the plaintiff for the pur- | Frederick Hamblin, petit arceny ; Same’ va. Frank chase of about fifty tons African shelled peanuts, to bo | Herm, grand larceny; Same vs. Thomas Conaby, bur- shipped from Europe at once by Sa if possi- | glary. ble, or by stoamer, Sutieg the first half of August. altace Abact tthe eth of July 0 lowing the lata, mesting THE JERSEY CITY PARRICIDE. eo ndant im tl street juform ey ie could procure forty ee peanuts, but | TRIAL OF THE GOODWIN BROTHERS YOR THE the defendant at once declined to accept the ALLEGED MURDER OF THEIR FATHER. one Om the 12th of august following the plaintit brought an action to recover the difference be- | The trial of Thomas and James Goodwin for the tween what the goods would have cost him and the price | alleged murder of their father, Michael Goodwin, in the the defendant had agreed to pay, Upon the trial the 2 ‘ ‘ defendant insisted that the ofivr of the piaintit wae | ‘enement house No, 28 Railroad avenue, Jersey City, mado too late, inasmuch as the goods were to be | Was commonced yosterday in the Court of Oyer and shipped hf, 0288 vy sailing veasel If possibig, that am | Terminor, before Judge Knapp and Associate Justice offer of forty tons was not a compliance with the con- e ‘ome ‘whitch calied for tty Perey Ady, Wiggins. District Atternoy Garretson appeared for the was brought prematurely, as {t was commenced before | State, and the prisoners were defended by Messra, Lip- tho time for the performance of the contract had ar- | pincott, Daly and Randolph, rived, ‘Tho case was tried in September last, and, after oful deliberation, the Court has just directed ‘The Daseaneen. Waar Nppaared: (oi De tyyeaiy-alx aie ¢ adg- ment that tho complaint be dismissed, witffeosts tw the | twenty-two years old rospectively, have a decidedly defendant, et gta coarse and vulgar expression, and are fair specimens of RT OF E . SSION: the civilization (?) of that forbidden section of Jersey cou oly sm aaa ade City that furnishes the largest quota tothe County Jail and Penitentiary, The deceased was about fifty-six EXCURSIVE BURGLARS, % years of age, and, Judging from the testimony of his Julius Holbern, alias Charles Engle, aged nineteen, | wifo and daughters, set a most pernicious esample to who lived at No, 20 Allon streot, was arraigned to | the children committed to his charge. Tho evidence answer two indictments. Que charged him with hav- | throughout revealed # condition of domestic life posi- ing, tm company with Frank Harn, of No. 120 Hestor | tively astonishing. street, entered the house of Frederic W. Hotchkiss, on Dr. Prendergast was the first witness, and he testified the corner of Grove and Broad streets, Elizabeth, N. | as follows:—1 knew Michael Goodwin threo or four J., andstolen therefrom a sealskin sacque valued at | years provious to his death; was called to attend him $100, Tho other alloged that he, in company with the 3; ence. SIO parsons haat Oe the TOM cr Deeeeaiee, atte | om the night of October 3; found marks of violence-on the dwolling of Charles &. Waring, Locust Hill avenue, | Wim; "there were bruises on his side and hips, as well case was finally Yonkel estchester county, and stolen jewelry | as other very serious injuries; his pulse was weak, worth $2 The accused pleaded guilty upon one in- | and { saw he was sinking fast; prescribed a tonic to dictment, and was sent to State Prison for aterm of | prepare him for an Lee next Med when I called four years. * next day he was dead; tho injuries I ‘discovered were John Hanifen, of No 482 West street, admitted that | caused by heavy blows or falls; came to the conclusion ho had sawed holes through the floor of the liquor store | he could not recover, as his injuries wero not attended of P. M. Smith, No. 123 Worth street, with the in to in timo, tion of entering and robbing the premises, He wi Dr. Stout, County Physician, testified that he made a sent to State Prison for Wo years. post-mortem examination of the body of Michae! Good- ed , win and discovered injuries in the region of the abdo- WASHINGTON PLACE POLICE COURT, | mon which wero the cause of death; the injuries were Before Jadge Kilbreth, Produced by great external violence, and could not re sultfrom a fall against a table or any other article of ATTEMPTED OUTRAGE ON A LITTLE GIRI. furniture in the fom; decomposition got in rapidiy. ia testimony was corroborated by Dr. Paul, who George B. Tillottson, of No, 119 Broome street, aged | stated that no bumbor of lalle could account for the in. fifty-four years, was held tn $2,000 bail to answer | juries, but that they were inflicted by somo blunt instru-* for attempting to outrage the person of Annie | ment; they might have been SeOINPLICTND. BY. RICKS, Hardenback, aged eight yoars, Of No. 802 West Twenty- | priavet Goodwin, wife of the deceased, tostified: —T Seventh street, The complaint alloges that the pris- | had two daughters and three gons living with me at tho oner, who keops a ‘show’ at the corner of Twenty- | time of my husband’s death; wo occupied three rooms seventh street and Kighth avenue, adjoining Annie's | (two bedrooms and a ‘kitchen); this trouble residence, it is alleged by means of presents, &c., took j occurred eleven days before my husband her in his arms to the cellarand there mado the at- | died; be came home in the evening; Thomas tempt. He told her that if she told hor mother he | and Jamos and my daughters, Anne and Kato, were in would kill her, +The prisoner says that Annio continu- | at the tinfe; the old man began to quarrel with ally ran into the “show,” and as he refused her further | Thomas, who asked for some dinuer; the old man admittance, she brought this charge for blackmail, said he should not eat a bit there; the old man caught ‘Thomas by tho collar and dragged’ him to the ground; { vesieamepigr yy g)tberednaed the old man ran for the stove iifter and. struck Thomas Francis Hicks, colored, of No. 68 Sullivan strect, was | several blows on the head; Thomas called James to arrested early yesterday morning by Detective Murphy, | come, for God's sake, und take the old man off him; Thomas was drunk; saw the blood on Thomas’ face; charged with attempting to murder Florence Franklin, | ty gon Lawrence came in and advised the old man to also colored, at No. 60 Thompson street. They had a | gtop his raving aud go to bod; the old man did 80; quarrel, and Hicks bought s knife and. stabbed the wo | James went away and did not come back tli next man in the breast, When arrested Hicks said be | morning; heard tho glass broaking in the kitchen would “fix ber yet." He was held to await the result | window before Thomas fell; afew days afterward tho of the woman's injuries, old man took to bis bed. REA © err. Anue Anderson, u widowed daughter of the deceaaed, a, oe ee tostiflea:—My father complained tour weeks; was con: Joseph E. Coffee, of No, 529 Hudson street, charged | fined to bis bed eleven days, and died on the 4th of James Casey, of No, 39 Broome street, and Henry Gib- | October; he Lang SS Ue hap aae . R Son, of No. 42 Mott stroot, with burglariously entering | with ine boys; on the evening of the trouble Thomas tho prémises No. 6 Groat Jones stroct and attempting | began to abuse me, tolling me Ihad no business to be to stoal a number of sewing machine needles and other | there; I replicd ['had as much business there as he property valued at $500. Upon exammation Gibson | had: he called moa foul name: he went out and was discharged, but Casey was held in $1,000 to au-| brought in somo ale, which he drank; I went out to ower. get @ warrant for bis arrest; while | was at the door ja iran esa mes and my father camo in; Jaines had taken some SE TER SARORES) SECM: TER im liquor and Thomas was drunk; ‘my father became very Mr. George 8. MeWalters, of No. 16 Macdougal street, | cross; I went out and had not gone far when I was tola was walking through Fourteenth street on Tuesday | there was @ fight in our rooms; went buck and dragged my mother oat; fathor had the stove lifter in evening, having in his outside overcoat peckot $900 bo- | eae vn een eo homnad waa crying ated longing to the Ladies’ Union Relief Association. He | James was standing in the bedroom door; brother noticed he was followed by two respectable looking pee Regn desea home, igen oe yo tao him ul Y ¥ . | to bed’; he soon got up, took a bottle and said ho was See eer aie felt hundtin bis packed “fle quickly | golug out for more whiskey; Thomas was altting at 5 J he window and was bleeding; four days afterward turned round and saw Charles Gibbons ana George | | i 1 Burney. ‘Thinking that these two mon had aitempted | ‘ther was confined to bed and refused to eat any food; to rob him, he caused their i. In court yesterday spoke el 3 brother about it; Lawrence told father to ‘ get out of the bed and go of to the hospital and get they debied the charge, but were held for further eX | tome medicine; {athor said he was not able to walk; 1 said I would go for a doctor, and 1 called on Dr, Petrie, but ho refused to com ESSEX MARKET POLICE COURR saying that it was unpleasant to walk throngh Rail eG eat RI of days; when I next saw father he was dying; he A CASE OF BIGAMY. mau who used to drink very hard; he had been com- : No. mitted to jail for fifteen days for drunkenness and was eleoedon’) mts re . Shy fd 7 Essex street, | Ti chargod about three weexs before his death. married Frederick Wittner, of No. ott street, toe Kate Goodwin, a young girl about sixteen years old woman, Aftera fow months the husband failed to | and a daughter of tho deceased, confirmed the disgust. ing details, She testified that’ both her father and support bie wife, and a separation ensued In July | meas were drunk on the evoning of the trouble; last Wittner reprosented to Mr. Scniobble that he had | father was sitting talking to himselfwhen Thomas came been divorced, and was married again to Mary Mc- | jp and asked for his dinner; father said he should not Carthy, Lately {t came to Mr. Schiebble’s knowledge cl that Witter was not divorcod from his first wife, and, haem the Let gy by Mie oaroati and qiruck therefore, caused his arrest for bigamy. ‘The case was here adjourned till this morning, THE COURT SQUABBLE. prageecereend The dimculty between the Court and the courtom-| UNIT#M TATES SUPREME COURT. cers at Essex Market, as previously reported in cm Wasutnetos, Jan, 6, 1876. Heratp, culminated yesterday in both Justices Kas- In tho United States Supreme Court, yesterday, tho mire and Otterbourg withdrawing all the warrants in | following cases were argued:— the hands of Sergeant Smith. On tho warrants being | No. 108 Loyd & Loyd vs. Fulton, trastee—Appeal handed to the Judge the officers and the sergeant were | from the Circuit Court for Georgia —This was a bill to Tees conte os red | enjoin execution on a certain judgment recovered by quently the business was transacted without, ihe rogu the nena the ground that the property levied lar court officers, and io - | upon was held by Fulton only as trustee for his wife Ddourg went to Police hewjauarters and laid the whole | 424 children. ‘The question involved 1s whether the omapente deed of trust which was made whilo the debt on which FIFTY-SEVENTH STREET COURT. the action was brought was oxisting was void because Before Judge Murray. fraudulont as against previous creditors. The claim on MORE EXCISE VIOLATORS, the part of tho appellee was that atthe date of the ecided recently tak the poll conveyance to his wife Fulton was worth more than i The spapgerepint Auten oe pried - sietor enough to pay all his indebtedness, and that the deed proven ha the Excise law bas had ita effect, | Wa! torefore valid, ‘The Court below sustained the qreste are now made in the uptown precineta during | ™tfument, and it 1s here urged that it mattors not as to tho alleged ability of the husband to pay his debts at the daytime, so that the offenders can be arraigned im | tne dato of the deed; that as it was. made while the court in time to give bail and thus save them several | done was outstanding, the rule ag to previous creditors hours unavoidable tmpritonment, ashoretofore. Eight | invalidates it Phillips for appellants; J. D. Pope for wrt were arraigned yesterday afternoon and gave lee. Sa Gite to eee Sree Cees Eee No, 110 Baker ot al. vs. Whito—Error to the Dis- trict Court of Connecticut.—This was an action brought ber esos by the plaintiff 1 i f the Odorless e inti in error, as assignee of e Hugh Teaney, @ stable keeper of No. 87 and 41 West | }7 ‘against the defendant as a subsor Rubber Cor n, Forty-fourth street, charged his employs, Patrick Day, | totho capital stoek of the corporation. The condit ith the ny of four sets of harness valued at about | of the subsoription, as alleged, was that the first iustal- } The denen was protty conclusive and the ac- | ment should be paid whenever the cash subscriptions cused was held to answer. amounted to $115,000, and 4 tal. ments, monthly, without further conditions The de- SRIENDLY VISTTORS, fence was that the subscription was induced by corporation, and that it was not tat John Flood and John Rath made a friendly call on pa ee er tae chmpay: Nak Vike rie , to be Patrick O’Brien, at No, 840 Kleventh avenue. During | UP Piiciy or cont, which had never been done. Tt their visit they quarrelled with U'Brien, and Flood made an attempt to out his throat with @ tablo knife, Ruth also assaulted O'Brien and struck Mra O'Brien with bis fists, Both were arrested and held for trial of the company and wed. The Court. held tion to th POLICE COURT NOTES, ment for . jause ag to the thirty per cent isa mere statement At the Tombs Police Court yosterday James Harvoy feonal, ‘and not a condition Ww the attaching of the obii- was held to answer on @ chargo of breaking Into the re az rkins for plaintiff in- error; A P, premises of Joseph H Sackett, No, 122 Liberty street, with intent to commit a robbery, COURT CALENDARS—THIS DAY. eR Tar er ea NE Ne Ta the Ted ios’ soa aoe,” ait," 210, |, 225° | hold that it was only suspended during tho war, and bE to 800, inelasive. thete as a recovery be the policy, although afi jurreax COURT—GaxwraL Tenw—Held 4 dota war begun no jums were paid. it is here 163, 165, 166, 6 Davig and Brady.—Noa 104, 105, 125, 11, that the war dissolved the contract, and that there 143, 143, 166, 167, 168, 169, 160, 161, 162, 1 should therefore bavé been no recovery, The princi- 168 vs, New York divided Court Law and F on 109, 118, 121, 126, 190, 187, 148, 150, 1, ‘wore dissolved, and comi: 1b, 155, 156, 167, 158, 89, ‘160, ‘161, "162," 168, | the Judges were divided on the question and the judg 108) 165, 1 100 4 167, 168, 169, 170, 171, | ment below consequently stood affirmed. Pitman Tra aa 174," 170,176, 177, 178, 149, 190, 184, 182, | Pitmann for plaintidl in error; 0. Modregor opposed. 183) 184, 185, 186, 181, 188, 189, 190, ‘101, '193," 19a |* No. 608 Hoover va. Wise ot al.—Error to the Conrt of 104, 106, 196, Appeals of Now York.—The quostion in this case. ts Supreus Counr—Crrovrr—Part 1—Held Jad whether Wiso and others had koowledge that the Toot lan ita tas, See | Serene Os Ea Sua ety @ by ment in wor waa Ld Hiei kane “Patt 2—Hield by Judge Wortbrook Noe ‘ostbrook. —N. nd with intent to give them a proference. The Court 8, th, bd waa sas, Yet 1 8, aa below hold they had hot, and it Is hore maintained that 1284, 16) ; 452%, 2044 on di ‘La’ Noa on this question of fact this Court cannot review the oa on 1431 T1344, es ..- acremon Com at a ae 7 > Ober No Chaftraix Shiff--Error to the Cirouft Temtion Manel—Noa, 676, Wot. 608. 184. You cant, Gt CREE, Theisen 8 bill to antarge the avenue; I was obliged to go to the hospital for a couple also averred that the false representation had been | i Speemc performance ots concracy oo pareniase rea! em tate brought by Shid, who had seid ty in New Orleans to Chafraix. The contract st the date at which the sale should pase, wotil that time in whieh to isfy himself as to title. 8 wently bis attorney found the title defective, and to perform the contract, The Court, find- bjections to the title not of sufficient gravity to avoid the sale, directed performance by the pur- chaser. It is here claimed that as there is a cloud rost- ing upon the title sufficient to give the owner some trouble in disposing of the property to a careful pur- chaser, the vender in this case should not be compelled to accept it, and that such has been the rule of law since Lord’ Eldon’s time. Case submitted. ©, Robing» son for appeliaut; J. A. Campbell for appellee. No, 730. Otis & O'Conner vs. Cullum, receiver of the First National Bank of Topeka, Kansas Errot to the Cireuit Court for Kansas.—In this case tho agent of the bank sold to the plantiff in. error certain Topeka bonds Without fraud, warranty, guaranty or indorsement. The bonds were subsequently declared void, and to be 80 on theface, The question is whether under the cir- over the consideration Pa'd of the bank. The Court below held that the pur chasor was charged with notice, and the judgment waa for the bank. It here maintained that there were Many circumstances dors with the value py will not be peri chaser without giv the briefs A. Fon Ryan for defendan THE BABBITT-BE for, Submitted on for plaintiffs in error; Peck and CKWITH CASE, TESTIMONY AGAINST BECKWITH —HE 18 LOCKED UP WITHOUT Bart, Tho examination in the case of Charles R. Beckwith, the alleged embezzler, came up yesterday at the Tombs before Justice Bixby. At ten o'clock A. M. the room was crowded, and many were obliged to stand through. out the proceedings. The prisoner, a small and rather youthful looking man, was brought. up at half-past ten A. M. He took a scat boside his counsel, Mr, Fullerton. He appeared composed. Mr. Babbitt was the first witness called. He said he was a manufacturer of soap, and his office was at No. 69 Washington street; had been so engaged since 1842; became acquainted with the prisoner in 1868, but had known him for several years previous; employe him in 1868 to supervise his (witness’) business generally; he looked over the books and made purchases of tallow, soda, &c. ; Beckwith paid tho bills and had charge of thi bank account; witness signed checks two or three at a time; Beckwith Milled them out; tho checks wore always made payable to Beckwith; when a bill became due he took a check out of the book and paid it; Mr. Lewis was @ bookkeeper under Beckwith; Beckwith sometimes made entries in the books; in witness’ absence it was Beckwith’s custom to write to him daily asto the state of the business; Beckwith had charge of tho bank and check book, the return book and nearly everything in tact. Here counsel showed to witness a check for $11,656 55, dated Januar 72, and indorsed by Beckwith. Ha asked him if rseen it, Hereplied that ho had not, Witness enumerated the names of the differ- ent books kept in his establishment, Mr. Babbitt did not seem to be very familiar with WIS SYSTKM OF KOOKKREFING, but sald there was a weight and taro book, a chock book, a ledger and day book. Witness said that some of his check books were missing. Anumber of books were introduced and severally identified by Mr, Babbitt, Witness continued, that from tho year 1968 to tha year 1878 the average gross roceipts of his business por annum were about $2,000, 000, Mr. McGurkey, paying teller of the Metropolitan National Bank, was the next witness, He testitied to receiving the check already referred to from Beckwith, and to paying the same. E. R. Barton, Mr. Babbitt’s chief clerk, was next called. Heread from the ledger of Mr. Babbitt the following entry :— Paid B T. Babbitt, January 27, 1872, $11,056 55, Witness had examined the books and could fad, neither on the debit nor credit side, any entry cor- responding with it. The witness also read from book another entry of a@ bill for tallow, purporting to have been rendered by Frazer & Co. on March 7, 1871, of which they could trace nothing; the bill was for $31,082 40; so far as witness could ascertain it had never been paid to Fra- gor, but that amount had been paid at a subsequent dato to Beckwith by the Metropolitan Bank; witness testified to another transaction somewhat similar but of @ much smaller amount. Andrew K, McDonald was called.—He resides in Brooklyn. He said he was bookkeeper with Frazer, Major & Co. for twenty years; he pronounced the re- ceipt for $31,032 40, purporting to have been signed by himself on bebalf of Frazer & Co., a forgery; checks, he said, sometimes passed through his’ (witness') hands, but not often, Mr. R. Willwood, an employé of Frazer & Co., tostt- fied that they furnished no tallow to Babbitt’ about March 7, 1871, and that the bill atoresaid purport- ing to have been furnished them was false, Mr. Barton was recailed, and stated that on Mr. Babs bitt's cash book there was the following entry:—“Paid to Murray, Forris & Co. on account of tallow $3,302 02, February 11, 1871,” and another for $6,530 20 at a date following; for neither of these was there any corre- sponding entry ou the weight and tare book; there were, however, receipts for tose amounts from Mur- ray, Ferris & Co. among Mr. Babbitt’s papers. Mr. George B. Mills, bookkeeper for Murray, Ferris & Co., was called, and testified that the said receipts wore not genuine; his own signature attached to them was spurious, Mr. Barton was recalled and testifed to large amounta” having been paid out in July, 1872, for tallow by Bock- with, for which no invoices could be foun ho moneys purported to have been paid out were never paid at ll. The investigation took the same course all thro@gh. It appeared from the testimony of witnesses that Beckwith had continually been making out receipts for neys that bad never been paid, and which aggro- gated at least $145,000, James L. Mitchell, a bookkeeper for Dowes & Oo, tostitied that the amount credited to (hem had never been paid, nor had they delivered goods at Abe times stated. ‘Thomas McNulty testified to a similar state of facts. j All the rest of the testimony wad precisely like the foregoing. Counsellor Fullerton moved in regard to bail that it should be made reasonable, Judge Bixby replied that that matter should be set. tlod by the District Attorney or the Supreme Oourt, It was finally agreed that the question of bail should be arranged at the District Attorney's office. Beck- with was thereupon taken to his cell by Oflicer Golden. GENG NTED. iN A why aie dealer in Copenhagen (Denmark) ts pre- pared to undertake a few Acencics (aa dry guoda). for Dee Inark; advertiser is @ thorough business man aud excellent Shiesman; consignments of goods taken charge of, highest feverences. articulars address 5, G80Q care of Messrs. Aug. 1. Woilf and Uo., Adverti hagen. * Prenence at A. GUARDUCCE & CO., Banker No. 9 Via del Cigiio. Circular Notes and Drafts on London, Paris and New Yorke cashed at the bestexchanges. Letters received and promptly forwarde: Ri rooms, with American a ored an 4; No & yo Bb Stringed Instruments of ° Mr. A. ARTARTA, “THE 1 M OUNTAINS.—REV. liver & lectare In ald ihe new Chare Temp on Thursday evening, January 6, at eight the spiritual significance of mountains, ning, according to the New Church view. ss EXCHANGE, Cpt Pots 1 HOTEL WANTED—IN EXCHANGE FOR Boarding House and Restaurant, with $2,000 cash. Ad- dress WINGEIELD. Herald offes. BILLIARDS. Wis AKD BEVEL BILLIARD TABLES, shions, solely ased to orn second hand Tables at great bar- si RIFFITH & CO, 40 Vener OLLENDER'S STANDARD AMBRICAN BEVEL Billiard Tables, with the celeb: d Phelan & Collender combination cushions, for sale in t y only as 733 Bross wi “ES, FOR SALE ONLY a® LY « bh st., corner University: MERIOAN STA . NAGH & DECKER POOL is Express Wagoa. Address WATCHES, JEWELRY, &0. T 77 BLERCKER 8T,, NEAR BROADWAY.—MONET rd Diamonds, Watches, Jeweiry, Pianos, dc. A Pawnbrokers’ eketevougt ‘ot’ Diamouds, Wetcheas ‘tp riairs K—$75,000— DIAMONDS, RUDE, Watches, Jewelry, Silverware, india Shawis, Valuables, Ze-, booght;: utmost, vaine paid; Loans negotiated ; also bar: gains in Diamonds, Watches, &o. Retablished 1854 J. H. BARRINGER, 735 Broadway, TAMONDS, WATCHES, JEWELRY, SILVERWAMI Furs, & ht, and sold back when at x0! ONAN, Sowelier ied GPone M LYNCH, DIAMOND MERGHANT, 918 ond |, hear Zist st. —Diamonds, W: \, Jer poeta! India wi Ac, highest pri indies’ private office No. 1; Diamos Coupe or Landaulet. : WAVE A LO? OF JEWELRY, £0, & Nov being able to redeem will sell tickets very cheap. Call on THOS, MOORE, 19 William st., second floor, jew York. 4 —— == ———— JAEAUTIFUL Surs GUM TEETH, #4 WARRAMTED: Br hitings to'cents NEW YORK DRNFAL NOOMS ‘262 Oth av., Bear 16th st. [)®_ WHITE, HURGEON DENTIST, 155 2. ‘gots of ft AV— Teeth, $5, $3, 810: teath Milled wit 608. ; gold and latina Syulivork warrancat