The New York Herald Newspaper, January 8, 1876, Page 3

THE COURTS. The Fugitive Fields and the Firemen’s Fund. UWPORTANT DECISION BY JUDGE WESTBROOK. A Captain Charged with Brutal Treat- ment of His Steward. Leading the various charges against Thomas C. Fields was appropriating to his own use $459,977 79 re- ceived by him as assignee of a number of firemen. The money was paid through the Chamberlain of the city on acheck of Comptroller Connolly. On behalf of the people a suit was brought against Fields to recover the amount, In this suit, which went to the Court of Ap- peals, it was shown that the money was received with- out authority of law. An answer was filed by the city, but the same was subsequently withdrawn, The matter did not end here, however, but in October last another trial was bad before Judge Westbrook, holding Special Term of the Supreme Court. Judge Westbrook gave decision yesterday in a lengthy, but clear and exhaustive opinion, In his opinion Judge Westbrook discusses first at length the effect of the withdrawal of the answer put in by the city. He then calls attention to the allega- tion that the city and county authorities have acqui- esced in the fraudulent payment and are colluding and conniving with Fields in the fraud, and examines at Jength the opinion in the case of the People vs, Ingersoll, drawing a distinction between that and the present case that, while in that the people claimed the money as their own, and not as trustees for the city, the city not being in that case a defendant, and the point not being raised; and the opinion of Judge Allen turned directly upou that point, that the State owned the money sought to be recovered, and the action could only be maintained by the party who was the technical owner of it, The unanimous conclusion of the Court of Appeals was in that case not that the State might not, under proper allegations of the failure of the officers of the city of New York to discharge their duties, sue on behaif of the city, but that a could not on any such grounds sue on behalf of the State. The question presented is, where a clear ght of action exists against a party to recover moneys welnrens: to a re corporation which he has wrongfully obtained, to the great injury of honest taxpayers, by fraud and collusion with the municipal officers, which the corporation refuses to sue for because its officers collude with the wrong doers? “Must such moneys remain in the wrongdocr’s pocket because there is no party competent to sue who ig willing to prosecute? The question is a startling one, If it requires an affirmative answer, then the wisdom which has moulded our State government and framed its laws has been entirely at fault.” Municipal eorpo- rations are not the creations of the State for the good of a locality, but for the general weifare of the whole. ‘An argument which affirms a want of power in the peo- ple to maintain an action under the conditions ex- pressed above overlooks the great right of sclf-preser- vation by action by government, inherent not only in the individual, but in the State. ' It ts like the question propounded to the national government, ‘“‘Whero is the clause in the federal constitution which author- izes the government to raise an army to coerce a State?” The letter of the law was then invoked to paralyze the nation’s arm; and the argu- ment now is that the thief may steal from a municipal corporation, with the aid of fraudulent officials, and steal until the substance of the people be consumed by the power of the tax gatherer, until the prosperity of the Commonwealth is affected by combinations for plunder in its separate parts, and yet the State be pow- erless to intervene for the protection of the honest babys thus plundered. Such reasoning carries no weight, Judge Westbrook holds that the State’s highest duty to its citizens is protection, and that under the act of 1875 the action against Fieids was properly brought. He holds that under section 173 of the code an amend- ment of the complaint was proper, te make it conform to the new statute. The amendment seeks to change ‘no new facts, to bring in no new party, to do no act to which the defendant Fields had any moral or legal right to object; it morely asks that the record shall so amended that the accountability of the plaintiffs to the city shall expressly appear, and to this there can be no possible objection. Judge Westbrook, however, allows the defendant Fields costs up to the time of trial merely as a credit on the recovery in the action. SORRY STORY OF A SHIP'S STEW- ARD. Captain P, Nichols, of the brig H. C. Sibley, was yes- terday brought before United States Commissioner Os- born, upon the ante-mortem statement of Mr. 8 H. J. | Alers, who shipped as steward on the Sibiey, at Phila- delphia, and accompanied the brig from that port to the harbor of Pillau, on the North German Baltic Sea, The story of Alers is painfully saad and pathetic, and if the incidents of the same are true there are upon rec- ord but few cases of more barbarous cruelty than that practised upon the unfortunate steward by his captain. The points of the affidavit, sworn to before Unitea States Commissioner Clarke, of Philadelphia, are as follows:—The brig Sibley sailed from Philadelphia on Aggust 11, 1875, Several days after we were out at sea tHe captain of the vessel kicked mein the left side, dealing me a blow which rendered me partially uncon: scious. He kicked me again on September 1, 1875, and gave me a violent blow in the eye. This can be testified to by the second mate, who saw everything that took place, On October 11, 1875, after we Were in the port of Pillau, Captain Nichols struck me in the left side with a belaying pin, I immediately fell insensible upon the deck. The second mate, assisted by one of tne men, carried me ‘io my berth, My heart was sore end the pain was so intense that I Ras unable to speak. While lying im my berth the captain came to me and said:—*What is the matter with you, you——? [’ll soon cure you,” and, catching me by the hair, pulled me headiong upon the Goor, He then jeft me insensible in the cold for an hour and a half. On October 13 the steward of an American vessel came to my assistance and I was sent to a hospital in Pillau, Several days afterward the cap- tain came to the hospital and said:—‘‘Steward, I am sorry you are so sick.” Then he came close to my bed and said fh a loud voice:—‘‘You ——, if you come on board that brig again you will never see New York.”” On the 29th of October the captain came to me in the hospital and told me that he: had paid over ail my wages and all extra pay that I was entitled to to Mr. Throll, the American Consul at Korigsberg, Prussia I came out of the hospital November 3, and then called upon the agents of tho ship (which had already sailed and left me) and found that the captain had not leit my wages, which amounted to $156 66, On the 4th of November I went to the American Consul and showed my papers, The Consut was surprised and told me that Captain Nichols, of the brig H. C. Sibley, had vertified before him thatall hands were on board, and that upon this certificate the brig had cleared. The Consul sent me to the Medical Professor of Konigsberg for treatment. I remained there antil November 17, On the 18th of the same month I was sent by the Cons sul to Berlin and from there to Hamburg. There | re- ported to Mr. Robinson, American Consul, who sent me to Liverpool to General L. Fairchild, the American Consul there. He sent me to New York upon the steamer City of Rich- mond, 1 arrived December 12, Since the morn ing I was strack with the belaying pin] have suffered internally, with a soreness and continuous pain under my heart. On December 13 1 appealed to ©. C. Duncan, United States Shipping Commissioner, but he wanted to take m! he would papers from me. Iretused. Then he said ave nothing to do with me. I then said I where I would be taken caro i Spang since then have been gradually growing worse. I havi made my peace with God and never expect to get we! again, Iam now unable to move from my bed. hoes ho Nichols was arrested on Thursday evening in Brookiyn, where his brig is at present lyin; anchor. United States Commissioner Osborn held him in bail for $5,000, DECISIONS. SUPREME COURT—CHAMBERS. By Judge Brady. Stracham vs. Van Suyl et al.—Order granted. By Judge Donohue, Mack vs, Currey.—Motion denied. By Judge Barrett. The People, &¢., vs. Wood.—I do not think that the question discussed is up for decision on these papers, If the depositions should be offered upon the trial they can ve objected to and aruling had. But the prisoner has given bati for trial at the General Sessions, and is free. [cannot change the bail bond, and that is all that is before the Court, Lessmeyer vs. Hamberger; McLoiland vs. Clow.— Motions denied, with $10 costs. Jones vs. Russ, —It was an error to tax the $25; that thould have been $15, and $10 must be deducted; also $6 if the Inquest was without a jury, as to what proof may be furnished; also the $38 60 or payment of the Pee ener without further execation and without satis- on piece being required. Alen va Ki ; Seebald vs. Zenner; President, ke., of the Manhattan Company vs. Devereaux,—Mo- Hons ited, with $10 costs, McGinnis va Baker; Bunker vs. Guardian Mutual Life Insurance Company. —Motions granted. Kapp va. Scallou.—Guardian, ad litem, appointed, Freeman vs. De Groot.—On farnishing an undertak- ing in $1,000 the plaintif’ may have a temporary in- and an order to show cause agaist a per- manent dente lite, and a recetver, re- surnable cr fost, at twain x. Beach vs. The Mayor, &c. ; Cunningham vs. Shaffer. — Motions granted, $10 costs to abide events, Clark v8. Van Loon.—Proof of service wanting Hoagland vs, Bryant—Motion granted, with a stay of for twenty days. iting ve Mott.—Motion granted, with costs to tide event, Memorandu: t thereon, with costs. —Why was not the order to show cause served upon all the defendants? hesege Ay! Reilly.—There is no proof of the service of the order to show cause. erate, snain eee ace willing to mi an as The revalver may soll such bonds as have a market value at tbe best market ratea, a8 to the others. he should NEW YORK HERALD, SATURDAY, JANUARY 8, 1876. we umited at presont to private sale, ported to the Court before the Olmsted vs. Paine.—Motion denied, abide event, Memorandum. Beebe vs. Seaman, Jr.—Motion granted for third Friday of this month. Market National Bank vs. Whipple.—Motion denied on the authority of the cases in 45 N. Y., but without costs, Gilbert vs. Seitz.—I want an affidavit that the con- senting attorneys represent all the defendants in the suit, Plinney vs. Comstock.—The defendant may take an order to show cause why an ex parte order substituting another plaintiff should not be vacated, returnable on the 10th inst, at twelve M., and why the attorney should not be punished for contempt of the order of December 7, 1575, and this motion may stand over to be heard at the same time. Hoople vs. Wendel et al.- I do not find that Andrew Froehlich or L. L. Goebel, names in the County Clerk’s certificate, had notice. SUPREME COURT—-SPECIAL TERM. By Judge Van Vorst. Ireland vs. Vredenburg et al.—Decree signed, SUPERIOR COURT-—SPECIAL TERM, By Judge Sanford, Viana vs. Weinberg.—Motion granted. See order. Irwin et al. vs. Chambers,—Motion denied without costs. Memorandum. Autenrieth vs. Somerville et al.—Report of referee confirmed and judgment of foreclosure and sale or- dered, any offer to de re- is closed. with costs to SUMMARY OF LAW CASES. Judge Westbrook, who is trying to try the Tweed civil suits, left yesterday to spend Sunday with his family at Kingston, His Court will not in consequence | reopen before twelve noon on Monday. In the suit brought by Mrs. Gillotte against Mrs. Jackson, on trial before Judge Speir, of the Superior Court, the facts of which have been published in the HERALD, & verdict was rendered yesterday for $5,000 | for the plaintiff, Thomas C. Nelson was yesterday arraigned before United States Commissioner Shields, on a charge of sing 4 twenty-dollar counterfeit bill upon Mr. Simon loss, The prisoner was held in $1,000 bail to await further examination. Before the Supreme Court, General Term, application was made yesterday for the appointment of a Rapid Transit Commissioner, in the place of Mr. Agnew, who bas evidently become wearied of bis position and has resigne ‘he Court took the papers. In the United States Court, equity branch, Judge Johnson yesterday granted the application of Messrs, Benjamin E. Smith and Clark Digs, co-defendants, that the suit made by the Hanover National Bank should be taken from the United States to the State courts, David Lawson, who several months ago took posses- sion of the brig Mary Chilton in the harbor of An- dreas, and who attempted to run her out of port, was yesterday sentenced by Judge Benedict, of the United States Goaek inset branch, to twe years’ imprison- ment in the Kings County Penitentiary, Mr. Aldrich, as receiver of the Mutual Benefit Say- ings Bank, was authorized yesterday by Judge Barrett hich have any market valve and to at private sale, subject, however, in each case to the approval of the Court. Application was made yesterday to Ju Barrett, in Supreme Court, Chambers, on bebalf of John Scott, inter, for leave to attach a folding press belonging to lark ©. Pomeroy, op a claim that the latter owed him $359 for printing. It was alleged that the press ‘was about to be removed to Clicago. Judge Barrett refused to grant the attachment, Certain property, the whilom property of Thomas C. Fields, on 140th pereets eth of Eleventh avenu bought by the Mutual Life Insurance Company of this city under foreclosure of mortgage for 500, less than the amount of the pores: A motion was made yesterday by the attorneys of the second mortgagee for a resale before Judge Barrett, at Supreme Court, Cham- bers. After argument the Judge granted the motion on condition that the second mortgagee should give se- curity within five days after setsiement of order that the premises would not be sold for less than the amount bid at the former sale. A motion was made yesterday before Judge Barret tn Supreme Court, Chambers, by Corporation Counsel Whitney, for leave to put in a supplemental answer in the suit brought by William A. Seaver as collector of the late John L. Brown, contractor for grading and reg- niating Second avenue, between Ninety-second and 109th streets. The facts of this suit have been too fre- quently stated to require recapitulation, The main points of the defence are that there was no contract | and that if there was it was abandoned. At the close of the argument Judge Barrett took the papers. Richard Kennedy brougat suit against the city to re- cover the value of a horse which backed off the pier at the foot of Eighty-sixth street and East River. lt was claimed that the casualty would not have occurred had | there been a stringpieceon the picr. It was shown esterday, in the trial belore Judge Van Brunt, in the Sure ot Common Pi what the horse became unman- | ageble and backed off the pier. This was construed as contributive negligence, and the complaint was, on motion, dismissed. Judge Barrett yesterday gave his decision in the | matter of Alida J. Woods, argued before him on the day previous by Mr. William F. Howe and Assistant | District Attorney Leary. He did not think that the question discussed—that of allowing lawyers to cross- exatuine the witnesses for the compiainant on the ar- raignment of the prisoner before the committing mag- istrate—called for a decision trom him on the papers submitted, He then adds that if the depositions should be offered on the trial they can be objected to and a ruling had; but, as the prisoner had given bail at the General Sessions and was free, he could not change the bail bond, that, in bis opinion, berg all that was before the Court, There was quite an argument yesterday inthe Su- preme Court, General Term, on the appeal taken in the suit pending between the Zridwne and Sun associations, in which an Injunction was granted restraining the Tribune association trom going on the Swn’s land in constructing one of the walls of their new building. At the close of the argument the Court took the papers, reserving its decisio#. The same Court was also occu- pied yesterday in hearing argument on appeal, in the case of the mandamus applied for on behalf of the Seventh regiment against the Board of Apportionment, | requiring it to incorporate in the tax levy $360,000 | appropriated by the Board of Aldermen for building « new armory for the regiment. In this case the Court aleo took the papers, reserving its decision. William B. Scott brought suit against Miles O’Don- nell to recover balance due on stock transactions in 1873. The case came to trial yesterday before Judge Van Brunt, of the Court of Common Pleas. Mr. Scott testified that he bad dealings with the defendant in | stocks for some time,.and that in December, 1873, the | balance aceruing on the stated account was the amount claimed; that he had sold some St. Joseph and Hanni- bal stock, which he had credited; that the defendant admitted that the balance as presented to him was cor- rect, and that he said he would pay it, at the same time offering certain property in Brooklyn in liquida- tion thereof As there was 20 defence, Mr. Devine, of counsel, claimed judgment for the plaintiff. Judge Van Brunt directed the jury to find a verdict for the plain- uff, with interest, amounting to $9,466 69, rge C. Steinbuck brought suit against the Reliof Fire Insurance peony on to reform a policy ot in- surance. The case reached a trial yesterday, before i Judge Donohue, holding Supreme’ Court, Special | Térm, The defendant, together with other companies, | | insured some $30,000 worth of goods for the plaintiff, who lives in Baltimore. The goods were destroyed by fire, By the terms of the policy, Steinbuck, who is a dealer in fancy goods, was permitted to keep firecrack- ers. It appears that in addition to the firecrackers the plaintiff kept a large line of fireworks, and the fre originated among these fireworks. A suit to recover insurance was institated ay: the plaintiff in the courts of this State against all the companies excepting the Relief, and the courts held that the plaintiff might plain his policies by showing that the fireworks were in his line as a German jobber and importer of fancy goods, and got ‘verdicts, eo euit against the Relief, however, was brought in the Baiti- more courts, and the defenaants at once transferred the case to the United States courts, It has been car- Tied to the United States Supreme Court, and they de- cided that plaintrf bad no right to make any su planation. Plaintiff thereupon brought the present suit to reform the policy and recover the amount due under it, Upon the opening of the case the defendant’s counsel moved to dismiss the by Dag! Judge Dono- bue granted the motion, holding it the plaintiff, having elected to sue in more, was begin from bringing an action elsewhere to reform the policy. COURT OF GENERAL SESSIONS. Before Judge Sutherland. COLE STILL IN THE TOMBS. Judge Sutherland yesterday decided not to grant the motion made by Mr. Brooke some days ago for the revocation of the order committing his client, Henry Cole, the alleged forger, to the Tombs. DANGERS OF THE FERRYDOATS. On the 2th of October Frederic Froes, of No. 271 | Court street, Brooklyn, while on a Fulton ferryboat | felt a tug at his vest, and looking down saw his watch | chain, worth $38, detached and in the hand of a young man, nar’ Daniel M. Reid, of 1224 street, tn this city. He took tiv youth into custody, and the ir” ge of Taignod for (ral yesteraay, He stated, in defence, be foetid the chain on the deck, where supposed it had been dropped by the owner, and was about to hand it to Mr, Froes when the latter caused his arrest. The bef did not believe this explanation, for they declared im guilty of larceny from the person. The Court sen- | foe him to imprisonment for four years in the State gon. STEALING FROM AN EXPAESS WAGON. Archibald M. Smith, an expressman, left his wagon in Rutgers street for a few minates on the 16th of No- vember. When he returned a pack: was missing, containing two dozen ie worth $36, which he was to carry to James Hill, No. 120 Clinton piace, A lad named John Minor was arrested for the crime. He pleaded guilty to petit larceny yesterday, and was sent to the Penitentiary for six months, MORE SEALSKIN TROUBLES. Sealskin sacques, for some reason, seem to be par- ticularly coveted by burglars just now. On Wednes- day in the Court of General Sessions a thief was sent to State Prison for four years for the theft of one of these articles, valued at $100. On Thursday another was sen- tenced so the same institution fer an equal period for and disposing of the same article, while yes- thira man was sent to Sing Sing for stealin; orth $210. The manner in which he 01 possesse himeeif of the coveted fur is rather ingenious. Going Mr, 3. Webb, 10 the basemem door of the residence of | bimsel No. 16 Lexington avenue, with « tape m the servant gir) that examine the heating apparatus, which needed repairs. The ing girl at once admitted the fellow, who went through a pretended examination of the place and left Shortly after his departure the girl missed the article of clothing in question. The thief was subse- quently and, on being arraigned yesterday, pleaded guilty, and was sent to State I’rison for three Years, as stated above. WASHINGTON PLACE POLICE COURT. Before Judge Kilbreth. YOUTHFUL DEPRAVITY. On Thursday evening Oficer Nolan, of the Twenty- ninth precinct, found John Dunn, aged twelve years, in a beastly state of intoxication in Twenty-third street, Dunn said his parents lived in Forty-seventh street and some boy companions gave him the whiskey which made him drunk, Judge Kilbreth yesterday sent him to the Juvenile Asylum, where he will be cared for. A TALE OF A TUB, Michael Burns and Thomas Collins were held in $300 each to answer for stealing a tub of butter valued at $23 60 from Benjamin V, Moise, of No. 44 Clinton place, ROBBING HIS MOTHER. Eliza Drennan, of No. 523 Hudson street, charged her son John with stealing two shawls valued at $10. The prisoner was held in $300 to answer, FALSE PRETENCES. Edward Thompson, of No, 176 Thompson street, colored, was held in $1,000 to answer, for obtaining, by false pretences, a coat and pants, valued at $17, from Adolph Stickel, of No. 126 Clinton place The clothing was given to Thompson on a false order, pur- rting to be signed by Lewis & Conger, of No. 1,306 roadway. THE BROADWAY PICKPOCKET. George Stauf, the youth arrested for picking pockets on Broadway, as reported in yesterday’s Henao, is not the ex-Assemblyman George Stauff, The latter desires that this explauation be given. ESSEX MARKET POLICE COURT. Before Judge Kasmire, HIGHWAY BOBBERY,. George Knippert, of No. 276 Broome street, and Joseph P. Porter were held in $2,000 each for highway robbery, The complainant, Lucy King, of No. 231 East Fourth street, said that on New Year’s night she was assaulted by the prisoners at the corner of Broome and Chrystie streets, and robbed of her hat and shawi and $24 in money which she had in her possession. Two other parties were with the prisoners, and Officer Mullen, who made the arrest, is now engaged tn look- ing out for them, LARCENY FROM THE PERSON, Pierre Munchen, of No. 37 Stanton street, on Thurs- day evening accompanied Mary Kemtzer to her home in the same street, and, as alleged by Pierre, she there robbed him of $i4. The woman was held im $1,000 to answer. POLICE COURT NOTES. At the Tombs Police Court yesterday Mary Sommers, of No. 05 Cherry street, and William Meyer, of No, 227 Grand street, were each held to answer on a charge of selling liquor without a license. At the same court William Wiley was held to answer for selling lovtery policy slips at No. 168 West Broad- way. It was charged that he was also engaged in what is known as the ‘envelope game.’” Officer Hagan, of the Piftn precinct, made the arrest. Bail was fixed by Justice Bixby at $100, UNITED STATES SUPREME COURT. Wasuinaron, Jan. 6, 1876, 1n the United States Supreme Court to-day the fol- lowing cases were argued ;— No, 105, Milwaukee and St. Paul Railway Company vs, Arms & Arms—Error to the Circuit Court for the District of lowa,—This was an action to recover for a personal injury alleged to have been suifered by Mr. Arms while a passenger on the cars of the company, tn consequence of a collision caused by the carelessness of its agents. The Court on the trial Instructed the jury that if they found the accident was caused by the gross negligence of the employés of the road controlling the train they might give exempl: damages. The jury 80 found, gave a verdict tor $4,000. It 18 bere urged that punitive damages are never given except asa punishment for an offence of which | the detendant bas been guilty, and they will not be in- flicted upon a master for the negligence of the servant. For this reason, it is insisted, the judgment must be reversed, J. W. Carey for plaintiff in error; G. ©. Nourse for defendants. No. 113. Scammon va. Kimball—Appeal from the Circuit Court for the Northern District of Illinois. —This ‘bill 18 filed to procure a set off of what are claimed by the snpellant, tw be mutual debts and credits as between it and the United Security Insurance Company, a Mpeg, of which the defendant or appeliee is as- signee. He claims that he was indebted to the compan in various sums m the forms of notes gtven for stoc! of the company and for borrowed money, and that the company was, at the time of ite bankruptcy, indebted to him more than $50,000 for losses on policies of in- surance and these be asks to be set off. The Court raled that the set off could not be allo and dismissed the petitioner’s bill. It ts here claim that while the stock notes may not be allowed to be aot of the'amouut dubion the policies of insurance may be and that the Court below erred in holding the con- hoi Appellant io person. J. 8. Thompson for ap- ee. as the Supreme Court of the United States to-day, on motion of Mr. N. P. Lyde, L. L. Ainsworth, of West Union, lowa, was admitted to practice as an ‘attorney und counsellor of this Court. On motion of Mr. L. D. Woodworth, N. B. Bellingsly, of New Lisbon, Uhio, was admitted to practice as an at- torney and counsellor of this Court No, 126. John Forsythe, appellant, vs. Mark Kimball, assignee, &c.—Continued. No. 729. George O. Marcy, plaintiff in error, vs. The Township of Osw —This cause was submitted by Mr. Alfred Ennis and Mr. L. Williams, of counsel for the tif in error, and by H.°G. Webb for the defend- error, under the twentieth rule, No, 689. Marshall 0, Roberts et al. tees, &c, appellants, vs. Tho Un’ cause was submitted on printed argument by Mr. Thomas Meson, of counsel tor the appellants, and by Mr, Solicitor General Phillips for the appellee, under the twentieth rule, No. 105 (substituted for No. 120). The Milwaukee and ‘St. Paul Railway, plaintiffs in error, va Mary A. F. and D. D, Arms.—The argument of this cause was continued by Mr. J. W. Cary, of counsel for plaintiff in erro and by Mr. ©. C. Nourse for the defendants in error, and concluded by Mr. J. W. Cary for the plaintiff in error, No. 121. Samuel S. Smoot, plaintiff in error, vs. Charles E. Rittenhouse.—This cause was argued by Mr. T. T. Crittenden, of counsel for the platutif in error. The Court dechned to hear further argument in this cause, No. 122. John M. Miller, plaintiff in error, vs, Wells, Fargo & Co,—Passed. No. 123. Charles Stott et al., plaintiffs in error, va William Rutherford.—The argument of this cause was commenced by W. A. Meloy, of counsel for the plain- tiffs in error. Adjourned until Monday at twelve o'clock M. BROOKLYN RING SUITS. surviving trus- THE RESERVOIR CONTRACTORS DESIRE TO BE TRIED IN KINGS COUNTY—DISTRICT AT- TORNEY BRITTON AND THE FOWLER SUIT. The answer of Messrs. Kingsley and Keeney the suit brought by she State for alleged corrupt collusion of the defendants (contractors) with the Commissioners of the Board of City Works will be served to-day. It contains a general denial of the allegations of im- proper conduct in the matter of the contracts held by them for the construction of the Hempstead reservoir and Third avenue sewer. Yester botice was served of a motion to cl the place of trial from New York to Brooklyn tn the case of the People va. Kin, , Keeney, Fowler, Low- ber and Bliss, with an affidavit’ stating that the dofend- ants reside im and the cause of aroee in Kings county, and that the defendants are advised by counsel that they have a valid defence. THE FOWLER INDICTMENT, Much bas been said about the efforts of the Taxpay- ers’ Association to intercede with the Attorney General 80 as to secure the ay intment of another attorney to try Commissioner Fowler upon the gas indictment, District Attorney Britton yesterday forestalled the kindly consideration of these gentlemen by writing to peng” baron Fairchild, requesting him to try the case. i movement will doubtiess delay the trial of Mr. Fowler beyond the it term of the Court of Sessions, Meanwhile counsel for the defendant are anxious for the earliest possible Mr, John E. Parsons says that he believes that he can ay" he pe Mgt ging tor ay of venue. The principal point of the argument poses to make against the motion is that Mr. Fowler's office did pot authorize to purloia public moneys, as alleged in the complaint. The Taxpayers’ Aseocia- tion are satisfied that the o! are now in good hands and that there is therefore no furthor necessity for their meeting. THE MOULTON-BEECHER SUIT. With regard to the statement published in the Hisratp yesterday, that Mr. Shearman, counsel for Rev, Henry Ward Beecher, intended, on January 11, to argue & motion for a demurrer instead of answering in the suit brought by Francis D. Moulton to recover $50,000 damages from Mr. Beecher for malicious prose- cution, much comment bas arisen. General Pryor, "If they allegations counsel for Mr. val aid y demurrer they admit the truth of contained in the complaint and raise a point of law. if taken to the Court of Ap the case will bo Bhould it not be sustained, wover, we will another trial of the facts.” ba Mr. inasmuch as he (Mr. Moulton) had lost no time, as soon ae he heard of the singular intention of District Attor- ney Britton in the premises, to enter bis most om, and earnest protest against su was & matter of He should not «i debarred from legal redress, He simply wished to the aspersion Vindicate bis character from cast upon him by the indictment, id 80 doing he had no malice nor ill feeling He certainly regretted the lamentable position: in which Mr. Beecher, through bis (Beecher’s) own misguided ideas and wilfulness, was placed before the world. With regard to the nolle prosequi entered im the suits Lge Loader and Price for alleged perjury, he believed that that act was no more nor less than @ lamentable commentary upon the administration of public justice in Brooklyn. It was simply outrageous, and the ouly thing to be wondered at in the matter was that the counsel for these men did not publicly protest Against the injustice of not trying the indictment, which would have brought out the facta in the case. He boped that the suit which he had instituted tor malicious prosecution would be tried before the March term of the Court, SHARP-SIGHTED OFFICERS. Theodore F. Phillips, a tailor of Pittsburg, Pa., was arraigned before Judge Sutherland, in the Court of General Sessions, yesterday, to answer an indictment charging him with obtaining goods by false pretences. The complainant was Mr, McElligott, of the frm of L. M, Bates & Co,, No, 451 Broadway, who states that on the 20th of October the accused visited their store and represented himself as doing a prosperous busi- ness in dry goods in the city of Pittsburg, Pa, On these representations be sold the accused $4,000 worth of goods on time, Being in Pittsburg a few weeks ago, Mr. McElligott visited the store of Phillips and found upon examination that the latter was insolvent. ‘Legal proceedings were at once instituted against him and a requisition for his extradition was obtained from the Governor and placed in the hands of Detectives Field and O’Connor, Those officers started for Pitts- burg; but while passing through Jersey City on the way thither they espied the object of their journey, seized him without ceremony and brought him into court as told above, He pleaded not guilty, and bis ‘Dail was fixed by the Court at $7,000, OUT OF HIS TOILS. WHAT MISFORTUNES A JUDICIAL MARRIAGE CEREMONY ENDED YESTERDAY. A week or so ago avery respectable looking young woman, who gave her name as Julie Homann, applied at Mr. J. Morison’s intelligence office for a position as governess in some family. Mr, Morison, noticing that the applicant was very nervous, interrogated her as to her past life, She stated, with difficulty, that atew months ago she met a young man named Ludwig Trieste, of Breslau, at Cologne, but who was introduced to her as Lieutenant Rostin. After a short acquaintance she fell in love with him, and an elopement was agreed upon. Subsequently they met and livea together at Geneva, in Switzerland, as man and wife, The ‘oor gil clung to the man, but he refused to marry er. Finally, hows , Tri said that if she would come to New York he would marry her and make everythtng all right. Her father, a prominent lace dealer in Cologne, was absent in Paris at the time, and, hoping to avert disgrace from her family, she con- sented to come here, and arrived with Trieste on the steamship Frisia. They first boarded at No. 899 Grand street, and there Trieste again refused to fulfil his promise of Ho wanted her to live with him as his wife, stating that the form of marriage was un- necessary in this country, He also threatened that if she left him he would shoot both her and himself, At last Trieste had gambled away the proceeds of the sale of Julie’ elry—about $2,000—and th unfor- States. —This | & proceeding That navatnne tna | wunate girl applied for a position as a gov Mr. Morison, on hearing this story, went to Judge Otterbourg, at ‘the Essex Market Police Court, and ob- tained a warrant for Trieste’s arrest on a charge of dis- orderly conduct, ‘The parties appeared in court yesterday and Trieste consented to marry the girl On entering the Judge’s room he called out the name of the girl Julie, but Julie’s love was cold and she would not look athim. The marriage ceremony was most reson ape Otter- Ddourg giving good words of advice to both parties, After the service was over the husband and wife ted, never to meet again in such relations. Trieste intends to remain in this country, while Jule will re- turn to her home, carrying with her the marriage cer- tificate, and a suit for divorce will be at once com- menced ‘Trieste is a man of good education, being conversant with five languages. His relatives also are highly esteemed in his native land. He has lately been em- ployed as insurance agent by the Hildise Bund, a promt. nent German society in this city. Julie’s new found friends will take care of her until her departure for Germany. ‘Mr. Trieste was rather averse to his marriage, bat on being informed that if he refused he would be locked up for stealing $3,000 worth of goods and jeweiry from his victim, he consented, and then endeavored to ob- tain sympathy by frantically seizing the girl and calling her name in the most endearing terms. THE CASE OF EDWARD 8S. STOKES LETTER OF THE CHAPLAIN TO THE GOVERNOR IN FAVOR OF HIS RELEASE—KNOTTY POINTS OF LAW TO BE TESTED. The case of Edward 8. Stokes is exciting consider- able interest among the members of the legal pro- fession as to what will be the result of the application to Governor Tilden for his release, The case has no parallel in the history of criminal jurisprudence in this country, and a similar legal point has never before arisen nor been tested in the courts. A writ of orror might have been sued out had a bill of exceptions been applied for at tho time of Stokes’ last sentence, but Mr, Tremain at the time did not apply for the bill of exceptions, and, consequently, much delay would take Place before the release could be had through the an- nulment of the decision of the lower Court of Oyer | and Terminer, in which Stokes waa sentenced, A writ of bi corpus might be procured and Stokes would be brought down to the city or to any Supreme Court justice, but previously the records of the Oyer and Términer would have to be produced be- | fore the Supreme Court to give the latter Court cause to permit of the tssuance of a writ of habeas corpus, The expiration of Stokes’ term of imprisonment, if Governor Tilden does not allow him the twenty-two | mouths which Stokes claims, will be in September next. The statute as amended allows the prisoner who makes | @ record of bebavior one year out of four. Tho chaplain of Sing Bing prison, Rov. J. A. Canfield, of the Methodist Church, has madd the following recommend- | ation to the Governor on behalf of Stokes to accom- y the petition of Stokes to the Board of State Prison jnspectors, both communications to be forwarded to Governor Tilden :— THX CHAPLAIN’S APPRAL Bing Siva, Jan, 6, 1876, To His Excellency Governor Samunt J. TrLpKN In snbmitting the above communication to the notice of Your Excellency, it seems proper aud due to Stokes that we should suggest that {t is the common if not universal rule to credit in some form all Tombs imprisonment endured atter conviction and sentence. In cases of lilegal conviction, similar to that of Stokes, we find increased allowance has been made. as in the cases of McNevins, Purcell and others. Tt seems to us that the Court in passing sentence upon Stokes must have overicoked the fact the Tombs Prisonment be saffered from January to October was oceca- sloned by sa illegal eauviction. | As ln the instances known re the benefit of such {mprisonment has been de- Justified in submitting his case to Your Excel- lderation, fully beli that there is no just why be (Stokes) should be ous for not only ment, accor 4 to rding to the sentence, expires this 6th day of We, therefor tition Your Excellency ward & Stokes tom farther svutnemene’ J. A CANFIELD, Chaptain, The “communication” referred to in the above letter is that wo the Board of State Prison Inspec- tors, which wag printed exclusively in yesterday morn- ing’s Henatp, and when the Rev. Mr. field uses the plural we,” he refers to the State Prison Inspectors and himself joinuly. SILENT WITNESSES. District Attorney Phelps was yesterday the recipient of a ghastly package, It was sent by Coroner Rickhoff, and contained clothing worn by Mr. Dilleber, who was shot at the Westminster Hotel by Romaine Dillon, and ‘a case in which was a pair of Derringer pistols, with ono of which the bloody deed was committed. The weapons carry half ounce balls. The clothing consists of a di- agonal cloth coat, with a large hole in one of the sleeves and ip the breast, where the ball passed through, and nding holes and deeply stained Januai charge two sbirts with with the life blood of the murdered man. The property wil! remain in the hands of Mr. Phelps, and wil! form part of the evidence on the trial of the murderer, THE RUBENSTEIN CASE. The Brooklyn police have discovered, it is believed, » woman who knew both Pesach N. Rabenstein and the murdered girl Sara Alexander, and who saw them board s Grand street car, from Wiiliamaburg ferry, shortly before five o'clock on the Sunday rnoon when Sara was last seen alive. “THE FINEST POLICE," &C, On Thursday night, about eight o'clock, David Coyle, of No. 433 West Thirty-sixth street, heard that there was a sick Man inan empty room ip the house in which he lived, and that the sufferer had been lying in & woodhouse near by all that day. room and found Daniel L; Coyle went to the mit He then hile,"’ responded ‘geant, “he’s doing something else now."’ Coyle went away and trave! the section where the officer oid have been, bas did net encounter him. ST. NICHOLAS AVENUE. AN APPEAL TO THE BOARD FOR REVISION AND CORRECTION OF ASSESSMENTS—EXCESSIVE CHARGES AND UNJUST ASSESSMENTS, The heavy assessments levied on uptown property for improvements in opening and grading St, Nicholas avenue and other places have aroused a spirit of rebel- Non among a large number of taxpayers. This spirit was exhibited very plainly at © gathering of property owners which filled the Comptroller's office yesterday afternoon at a meeting of the Board for the Revision ana Correction of Assessments, This commission ts com posed of Comptroller Green, Corporation Counsel Whit. ney and Recorder Hackett, It is the daty of this Board to pass upon all assessments for opening, grading and flagging streets and other like improvements, after the lists of expenses have been submitted from the Board of Assersors. The owners of property in the upper part of the island are now called upon to pay assessments for the opine of St. Nicholas avenue, among other matters. ‘The work has been done princtpally by private contract and day’s labor, instead of public letting. The result, it is asserted, was that the work cost more than doable what it was worth. ‘At yesterday's meeting of the commission Mr. Charles FE. Miller appeared on behalf of the Academy of the Saered Heart, This institution has been assessed very heavily for the St. Nicholas avenue improvement, The objections raised on bebalf of this imstitution convey Pd leading points of protests already filed, and are as follows : That the apportionment of said assessments is not equitable and that a larger amount has been assessed upon the lands of the objectors than upon other lands equally benefited; that said lands are not benefited to the amount of the assessment thereon; that a charge is included in said assessment for surveyor’s fees; that said work was done by day’s work, and not by contract, as required by law; that no advertisement was ever made for proposals or sealed bids for the doing of said work; that the charges are extravagant and excessive; that a larger amount should have been assessed upon the city of New York, ‘he total assessments on the property are set down on the map as follows Map No, + $7,385 Map No. 97 $7,648 Map No. 96......... 7,648" Map No, 98 1573 We. Miley mando a strong argument in opposition to the confirmation of the assessment. Mr. Martin Zobrowskie, who owns property at Ninety- second street and Nin nue, and who has been assessed some $30,000, also appeared before the com- mission and made a short argument. Mr. John Ely and Mr. Pierce, attorney for Mary G. Pinkney, also pot in a protest. Other objections of property owners were then filed. Corporation Counsel Whitney suggested tho confir- mation of the assessment on the und that the Court of Appeals had decided that the Commissioner of Public Works had authority to proceed with the work as he may deem proper, Compiroller Green objected to the confirmation, and the matter was laid over. PROTEST PROM MR. GEBHARD. The following communication was transmittea to the Board by Mr. William H. Gebhard:— New York, Dec. 16, 1875. ty? Tux Boaxp oF SureRvisons oF Tux City or New On — Guatixmen—I hereby enter my most formal protest fainat the unjust asgees laid on my lots fronting on St. icholas avenue, east side en 114th and 115th streets, ‘and on my lots on 114th street, north side, and 115th stree! south side, adjoining the St, Nicholas avenue, as above. claim that your Board has not the requisite vouchers to sp- portion the assessment, but has in a most inequitable and Unjust manner divided sald assessment, only having the sup- grove amount of disbursements inade by the two de, artments—Parks and Public Works. At the Department of ublie Works I in vain tried to get a ¢lussification of the many that seemed to be made the ave- nue, found the books all mixed up, and charges that certainly should not inst avenue, fs vetting lampposts for the Harlem Gas Company, repair: ing wagons, ee. 1 farther protest that the work was not done by public letting to the lowest bidder, but done in » ‘most extravagant and reckless ‘ahd tant I should not be obliged to pi more than a fair and equitable price for the work. I further protest against paying for the ex tension of the avenue to t! west of street Eighth avenue. My lols were located on the late wolt- known Harlem lane and required but a trifle of Gilling to bring them up to the grade; nevertheless no notice is 2 thereof, but 1 am assessed more than four times the sotual value of the work done in my block. What fort To benefit the property owners north of 125th street, who had an entire new avenue laid out for them, which brought their property into market, and besides there is a large institution that benefited te an enormous extent, which, nevertheless, ‘the burden of taxation, more benefited than all the rest. Hoping your Board will do me justice and reduce my assessments to a just amount, I remain, gentlemen, your obedient servant, WILLIAM H. GEBHARD, No. 21 Nassau stroet. Sworn to before me, this 16th day of December, 1875, Cuaries P. 0’ Kin, Jr., Notary Public, New York county. BOARD OF POLICE. OFFICER—POLICE SNUBBED. The full Board of Police met yesterday, President Smith in the chair, ‘The resignation of Patrolman Rufus B. Choate, of the Thirty-second precinct, was referred to the Committee on Rules and Discipline. Commissioner Voorhis ex- plained in relation to the same that the officer bad loft for parts unknown, taking with him bis salary for December, $101 91, without signing the payroll, thus mukting Captain Davis oat of that amount A request from Counsellor Fellows, representing tho Cercle Frangais de "Harmonie, asking that the decision of the Board forbidding masked balls be referred to the counsel to the Board for opinion, was ordered on file, and on motion ot Commissioner Voorhis the Chief Clerk was directed to reply that no farther action could be taken in the matter, A communication from the Board of Aldermen con- taining a copy of the amended dog ordinance was re- ebb d to the Superintendent for promulgation to the force. A complaint trom Fitz John Porter, Commissioner of Public Works, setting forth that employ és ‘ot the Street Cleaning Department were in the habit of emptying street swoopings into sewers, was referred tor action to the Committee on Street Cleaning. ‘A resolution was adopted transterring all the docu- ments relating to surgeons of the department into the hands of the Chairman of the Rules and Discipline Committee, owing to the abolition of the Committee on Surgeons. The Chief Clerk presented the report of the Board of Apportionment, containing the statement of the appro- priations for the Police Department for 1876, It was referred to the Committee on Finance, The following is a transcript of the same A RUNAWAY JUSTICES Salaries. ... Seadess és 202, 490 Rents and repairs of station houses 62,075 Supphes for police. seeeeesese 50,000 Total for Police Department. Street cleaning. .... 059,475 Total appropriation............++.0+05 The Board then adjourned, but subsequently the President called a second session to receive the opinion of the counsel to the Board in the matter of the con- flict existing between Justice Otterbourg and the de- artment re! to the serving of warrants by officers. ansellor MacLean held that the ber omceed the con- trol of members of the force solely in the bands of tho Commissioners, A sergeant of a court squad was there- fore only doing his duty in be wera A penn police justices to designate what officers serve war- rants. Accordingly, on motion of Commissioner Voor. his, the chief clerk was directed to notify Police Justice Otterbourg that no deviation from the rales of the po- lice manual in relation to the matter could be made. THE VITAL STATISTICS BUREAU. Dr. Elisha Harris, Registrar of Vital Statistics, whose office is about to be abolished by the Board of Health, ‘was yesterday offered the of Consulting Vital Statistician to the Board The postition carries with it no a Dr. Harris has not yet accepted or de- clined it DEATHS IN BROOKLYN. According to the annual report of the Registrar of Vital Statistics, of Brooklyn, there were 12,433 deaths im that city, Smallpox carried off 624; scarlatina, 290; ayy 968; pneumonia, 839; consumption, 1,519. the deceased 204 sae’ maies and 21100 females To accident and negligence 245 deaths are charged. ‘There were 42 suicides and 7 murders, The ti crease in the mortality in Brooklyn as compared with the pre- ceding year was 1,422. A MANAGER WHO WANTS TO KNOW. Naw York, Jan. 6, 1876. To rae Eprror or tux Henatn;— You will do mo a great favor by letting me know who has the authority to permit bill posters to post “snrpes"’ in the gutters ef the principal streets and avenues, Why I ask you for thia information t# that the Park Theatre ‘snipes’ are posted o: gutters of cipal Sonne vious pe pea em apse 3 ie Board of Aldermen and sanctioned by Mayor Hall 1 bave no {il feeling in the Park Theatre adver. cy but I consider it « Injustice to myself and uate whe have not ‘26 politival 4) DANGER OF WOOD PAVEMENTS. Another fire broke out yesterday in Jersey avenue, detwoen First and Second streets, Jersey City, from the The biasing Maid JERSEY CITY WATER SUPPLY. Another accident similar to that which happoned three years ago at the Bellevifle Water Works, which supply Jersey City, has oceurred. Tho plunger of en- faye 3 THE RING THEFTS City and State Officers and Conspira- tors Sued for Restitution. TWEED INVOKES THE LAW. Suit Against Attorney General Fairchild, Cor- poration Counsel Whitney, Jackson S$, Schultz “(as Agent), John H. Keyser, Andrew J, Garvey, Richard B. Con- nolly and James H. Ingersoll. Yesterday a now movement in legal proceedings was commenced in the Supreme Court by Messrs. Field and Deyo, attorneys for the plaintiff, Charles Devlin, vs, ‘The Mayor ana Commonalty of the eity of New York, the Board of Supervisors of this county, Charles 8, Fairchild, Attorney General of the State; William C, Whitney, Counsel to the Corporation of this city; Jackson & Schultz, John H. Keyser, Andrew J. Garvey, Rich- ard B. Connolly and James . Ingersoll, defendants, for the purpose, as declared, of making Ingersoll, Garvey, the Watson estate and the Keyser estate pay. over to the county what they owe to it. The actionhas been commenced under what is known as the Have- meyer act of 1872, chapter 161 of the laws of that session, which enacts briefly as follows :— Sxorton L—All officers, agents, commissioners and other persons acting for or ou behalf of any county, town or municipal corporation in this State, and each and every of them, may be prosecuted, and'an action or actious may be maintained against them 40 pre- vent waste or injury to any property, funds or estate of such county, town or mua- nicipal corporation, by any citizen assessed for and fiable to pay taxes therein, within one year revious to the commencement of any such actions. is act shall not be so construed as to tako away any right of action from any county, town or municipal corporation, or from any public officer, or as affecting actions now pending, brought by them or any of them. The summons for relief to the defendants named above isin the accustomed form, requiring them to answer within twenty days. In the complaint, Mr. Charles Devtin alleges, as plain- tiff, nominally, that he resides in the city and county of New York, and has there resided continually for whe last twenty-five years and more, and is assessed for and liable to pay taxes therein and has paid taxes therein within the present year, and im each and every year of the last twenty-five years, amounting each’ year to $1,000 and upward. laintiff is informed and believes the de- fendauts, John H. Keyser, Andrew J. Garvey, Richard B. Connolly, James H. Ingersoll, together with James Watson, heretofore and in or about the year 1869, en- tered into a conspiracy to defraud the county of York and the Mayor, Aldermen monalty of the city of New York by fabrica ing and procuring payment of pretended claim: the city and county, such pretended claims being sometimes wholly false, and sometimes grossly aud fraudulently exaggerated. In pursuance of tho said conspiracy, as the plaintiff is informed and believes, various pretended claims, some of them against this county, and others against the Mayor, Aliermen and Commonalty, were by the eaid conspirators, or some of then, in the interest of the others, fabricated and pay- ment thereof procured from the treasurers of the said county and of the said city, respectively, amounting to SRYERAL MILLIONS OF DOLLARS Upon the discovery of the said frauds, scovery took place in the summer and autumn of 1871, it became the duty of the Board of Supervisors, and of the Mayor, Aldermen and Commonalty of the city, and of their proper officers, to make all lawful effort, by suit or otherwise, to obtain restitution to the treasurers of the county and city respectively, of all money and property of which the county and city bad been so defrauded as aforesaid, and which duty has continued to this day and stili continues. ‘The defendant, Charies 8 Fairchild, is Attorney Gen- eral ef the State of New York, and as such he claims, as the plaintiff is informed and believes, authority to prosecute the said conspirators and to cause them to make restitution to the treasurers of the county and city, respectively, of all money and property obtained them, or any of them, and the right to recover alt damages caused by the said frauds. The defendant, William 0. Whitney, is Counsel to the Corporation of the city of New York, and as such it ts his duty to.prosecute all claims of the aid eounty and city and to maintain their legal rights in all courts and places. Notwithstanding the duties heretofore set forth no civil action or prosecution, as the plaintiff is informed and believes, has ever been commenced any ‘one of the conspirators or their estates, and no effort made to obtain restitution of the money and property 80 fraudulently obtained ag aforesaid, except as herein- after mentio! for money or property so fraudulently obtained, and of all demands against them by reason of the frauds or any of them. He asks:— That the said receiver or the said officer may be re- quired to ite tho sald conspirators and their said and endeavor, by all lawful means, to ob- tain restitution to the treasurer of the county and city, respectively, of all money and property so fraudulently btamed. ol That the officers whose duty it was to prosecute the have been guilty of such neglect and collusion, a8 aforesaid, be required to make good to the codsty. ‘and city, respectively, all waste or injury done or sui by them to the Property, funds or es- tate of the county and city, an i) loss which may have been occasioned by their default, and all money and property which they might have obtained for the said, county and city. The said conspirators have had, ever since the said frauda, and still bave each of them, as the plaintiff is informed and believes, large estates, from which resti- tution of the money and property so fraudulently ob- tained could, with reasonable diligence, have been pro- cured, and could still be procured, to the full extent at Jeast of from each. THREE OR POUR MILLIONS OF DOLLARS, In the year 1872, as the plaintiff ts informed and be- lieves, an essignment of a large amount of property was made by the defendant John H. Keyser to the defendant Jackson S. Schulty, in trust to collect’ ,and convert the same into money and the same to the said coun’ or city tn satisfaction, wholly or party, for the said money and property so fraudulently obtained, which assignment was by the said Schultz, and he has recetved a large amount of money and property thereunder, but has paid over nothing to the county or oity. iver the perpetration of the said trands, and beforo the discovery thereof, as aforesaid, the said Watson died, and, es thé plainut {s informed and believes, a suit was commenced in the Su- preme Uourt of this State during the year 1875 in the name of the people of the State against Margaret Watson, as administratrix of the estate of the said James Watson, to recover money 60 fraudulently obtained, a8 aforesaid, and thereapon a judgment was obtained for the sum of $648,932 32, wh: or the reator part thereof, has been paid by the said Margaret ‘ataon, but no part thereof bas come into the posses- sion of the county or city, As the plaintiff i# informed and believes, the said Keyser, Garvey and Ingersoll have all admitted and avowed, i different legal proceedings, that they partic- ipated in such fraudulent acts as aforesaid, or some of ‘em, but although such admissions were known to the officers whose duty it was to prosecute, no action of any kind, oxcept agin this complaint mentioned, bas been taken by them or auy of them againat the persons making the admissions and avowals. The neglect to call the said Schultz to account, and the neglect bo pronecate ee and all of the said con- spirators and the omission to obtain restitution from them or their ostates of the money and peer thusso fraudulently obtained as aforesaid, has been owing, as the plaintiff is informed and believes, to ‘THE GROSS NRGLECT of the county and city, and the officers whose duty 1s was to prosecute the claims of each, and vo col- lusion between the said officers, or some of them, and the said corporators or their representatives. Uniees the #aid conspirators and the proper officer whose du: it tg to prosecute the said claims and to procure resti- tution, as aforesaid, are compelled ily to prose- cute the said conspirators and use ail reasonable dili- to obtain restitution to the treasurers of gence county and Tespectiv: there ts great imaom)- nen Liste af savers peaks of dollars being lost to ‘she city. And the plaintiff is informed and believes civil ac- tions having been once begun against the said Con- by civil action have been ‘ALRBADE BARRED BY THR STATOTH of limitations, aud the rest will become barred in course of a fow months if no actioe be in the mean- time commenced, therefore tho plainta demands judg- ment. That the eaid Board of Supervisors of cotniy of New York the said Mayor, Aldermen a A w py and to owee restitution as THE JOHNSON SHOOTING MYSTERY. Mr. John Johnson ts gradually improving, and bis physicians are more sanguine of his ultimate recoy~ f the cylinder, and several Mr, Goafrey, the Catherine street gunsmith, is Ne. 8 are catare tha repute ate tanda Thsen- | sepident thet My’ Johoson f,the man 10 whom’he pense of repairs made necessary by the accident three | sold the pistol, and the er asserts that way mel years ago was $20,000 he was shot by two b: