The New York Herald Newspaper, January 11, 1876, Page 8

8 THE COURTS. - Motion to Amend the Panel in the Tweed Civil Suits Denied. ANOTHER CHALLENGE TO THE ARRAY, | Transfer of Pledged Securities Without Notice. Compensation for Appraising the City Property. Judge Westbrook rendered his @ecisionim the Su- preme Court, Circuit, yesterday on the motion to cor- rect the pane! of the names of jurors in the case of William M,. Tweed, the facts of which have already Deen fully ect forth, The court room was crowded and | the counsel on either side were promptly on hand. | Judge Westbrook sald:—A decision haying been ren. | dered upon the challenge to the array of tho struck jury in this cause made by the counsel of the defendant, Tweed, which holds that such challenge must be sus- tained upon the ground, mainly that the list of jurors summoned by the Sheriff contains only twenty-three who have been selected and approved by the elisors, and one who was not so selected or app d, a motion is now made to the list of | mames by erasing therefrom the name of George W. Southwick, the juror not selected, and putting in its stead the name of John C. Southwick, the individual who was chosen. The Judge held that as George W. Southwick was upon tho original lst, the defendant by the granting of the motion would be deprived of his ike the name from it, which involves utial right, as hen objection to John ©, Southwick and none Southwick. claim by plaintift’s the choice was exercised as to John ©. South’ he know who h he having been orally ed as the partner of . Schultz, Judge Westbrook Fevieweu the evid n, apd held it to be unsatis- factory, 4s 's counsel positively testi- | fied ‘that they did not so understand it, | and actual conversation with the counsel to that effect was not shown to Lave taken place, “A careful reading ofthe statutes, however,” said Judge | Westbrook, “will show that no resort can be had to ex- trinsic evidence to prove what persons are selected. | There must, of course, be the mental operation of the | elisors in solution, and the indjeation to the parties of the result of such mental operation, and the mode of | such indication is the written nuines.’’ He read the | several subdivisions of the statute as to the selection | and striking outof ‘names,’ and the summoning by the Sheriff of “the persons whose names are con- tained in the lists,” &¢., and continued:—""To my mind the language of the statute is conclusive; the evidence of the choice ef the elisors is tie written name, and | the thought is expressed in every section. Its, really, the only practical mode of doing so, Hold that the “written name may be explained away, and what safery has a party? In this — partica- lar instance, from the character of the ehsors, we entertain no doubt as to the absolute truth of their statement, but the precedent, if made, will be | A Most dangerous one for the future.”’ After review- ing the casee cited, Judge Westbrook, in conclusion, said: —“In denying this application of the counsel of the plaintifs no possible imputation is made upon their skill, learning and care. ‘They are in nowiee respon- sible for the error, They hadarightto assume that the elisurs had selected every name from the general jury iist as they were ordered to do, and they certainly ‘could not know that the clisors moant in the case ofone individual some other person than the one who was in- dicated by the name which they themselves wrote. Immediately alter the conclusion of Judge West. | brook’s elaborate opinion, of which the foregoing is the substance, Messrs, Carter aod Peckham, the prosecut- ing counsel, served upon Messrs. Field, Edelstein and Dyer an affidavit, with an order to show cause why the | Proceedings sbould not be stayed and the saine elisors | ordered to strike a new jury. | Mr, Peckham exiled on the $1,000,000 suit against | Tweed, and the Clerk proceeded to call the struck jury, allof whom answered to their names, excepting Join J. Cisco, who sent in a doctor's cortificate, Mr. Dudley Field then submitted a challenge to the array containing these poinis:— First—That the said list was not selected from the complete list of jurors liable to serve, but from partial lists. (This point was overruled, as in the first case.) | | Second—That the elisors on the 234 of December selected the name of Julius W. Catlin, which dog Bot appear on the seven partia! lists selected from, Bor on the complete jury list of the Commissioner ot Jurors. Third—That another juror selected, John H. Cas- well, is not on the list of jurors lable to serve, Dut is on the list of jurors exempted from jory — urth—That the same clisors selected in both suite, that nineteen of the naines struck off at the tirst draw: ing, eight of them by (he defence, were put on again by the elisors at the second drawing. | "t at one of the jurors is not resident nor | liable in this county, and is liable to do jury duty in the county of Queens. i All of which acts and omissions are to the injury of | ‘the defendant, | ‘The counsel for the people after recess interposed traverse to the challenge, and afier fling both his chal | Jenge and traverse with the clerks, the defendant's counsel offered his proofs Charles F. Boverdof, of Field & Deyo's office, of the Commissioner of Jurors’ oitice, testified in auswer to Mr. Field, that at the drawing of the list of jurors in this suit, there were seven lists produced by the County Clerk, to which Mr. Field ected as partial lists; does not know that there was a complete list the elisors brought out a list of forty-eight | names and banded them to Mr. Field, who handed | them to Mr. Deyo, who read it out to the stenographer, | who took down the copy now produced by wiiness, Mr. Peckham objected to this list as not being one Which bound him as a true copy. It was one Mr. Deyo took for bis convenience. j Another list was handed in by the defence and wit- | ness testified that it was tho original of the elirors, M K. Ackerman, Deputy Commissioner of Jurors, ‘Was examined py Mr. Field at some length, and sub- Mantiaily repeated his testimony 4s to the method of making up the lists of jurors liable to serve. | At half-past three o'clock the Court adjourned, in order to allow counsel to make a motion at Chambers, according to the order, to strike a new jury, but that | Court having also adjourned the proceedings were post- | poned until this morning. } COLLATERALS FOR LOANS. | An interesting suit, in which Robert H. Berdell | former President of the Erle Railroad Company was plaintit, and tho Importers and Traders’ Nationa Bank defendant, was tried yesterday before Chief Justice Monell, of the Superior Court. Theodore Berdcll, a son of the plaintiff, began dealing with the bank in 1870, giving, as they termed it in Wall street, an “iron-clad note,” empowering the bank to buy or sell securities left with them and, in fact, do with thom about as they pleased. In September, 1! he obtained from the bank @ loan of $50,000 on call, pledging as | collateral stocks and bonds, valued at $55,500, such | Joan having been effected for his father, the plaintiff, and upon securitics belonging to the latter. The fecurities thus placed comprised thirty-three Ene first mortgage bonds, 150 shares of the Nationa) Trust Com- pany stock, 100 shares of St. l’aul common stock, and some Alton and Terre Haute Railroad bonds. The panic } came and Theodore Berdell failed, The bank gave written notice, requiring payment of the loan. It was arranged with the bank to carry the loan on, making certain payments, which payments were made, On the Mb of January, 1874, Theodore Berdell called at the bank aud obtained a statement of the interest then due on the balance of the loan, and thereapon Mr. Robert Hi. Berdell gave to his son his certified check tor the 4 sent the same to the bank, as payment of the balance of the loan. The statement was then made that Mr. Russell Sage, president of the bank, had paid Off the loan. On that state of facts offer of payment ‘was made in legal tender notes and and made for the pledged securities, when it was stated that the Jatter had been transferred to Mr, such Fanefer having been inade without any no Suit ‘was accordingly brought by Robert H. Berdell against the bank, claiming aroturn of tpe securities or their value at the time they were pledged. The case as stated was tried yesterday, One defence was that Mr. | Sage became entitled to the securities as the purchaser of the debt, The plainti” testified that be was the real ‘owner of the securities aud that bis sop simply acted ae bis agent in negotiating the loan. Judge Monell charge’ the jury that the bank, under the circum. stances, had no right to transfer the debt; that the | transaction of Mr. Sage was not valid, asa sale of the | securitios was no satisfaction of the debt, unless pay- | ment had been previously demanded and refused, and ts were Luble, even if they had a securities, unless they made efforts to the best prices for them prevailing at the time. jury reodored oa verdict tor the plaintiff for | $7,494 96. Mr, Charles Edward Tracy appeared for the | plaintiff and Mr. Francie H. Bangs for the cofendent. APPRAISING THE CITY PROPERTY. | As will be rememberod in the early part of 1871 it ‘was deemed advisable by the city authorities to take an | inventory of the real estate belonging to the city, the object being to show the solvency of the city and in, spire confidence in the purchase of its bonds, With this view Messrs. Anthony J. Bleecker, Adrian H. Mul- | Jor and Courtland: Palmer, wel! known exyerts in real | estate matiers, were selected uitable persons to make the appraisement. They did the work assigned them, and, making as the ‘bas's of their compensation the usual charge of one-sixteenth of one per cent of the ised, sent in a round bill | ‘This was deemed exorbitant, and claim Rg PO was jen! follows ya Teduction of the bill to £15,000 each The ohn ‘The | before trial; $ | ing di Comptroller in the meantime offered them $3.000 apiece, which was deemed ample compeusation for the work done. Mr, Bleecker would accept no such paltry sum, but fought his bill in the courts with unyielding perti- nacity, finally carrying he the Court of Appeals, where be was non-sui leantime Mr. Palmer died, and whether his legal representatives will press any claim on his bebalf is not known. Mr, Muller, however, brought a suit against the city, which suit also went to the Court of Ay when a retrial of the case was or- dered. This retrial was had yesterday before Judge Lawrence, holding Supreme Court, Circuit, Substan- tially the same testimony was submitted as at the orig- inal trial, and the ree A that of overcharge for the work done. The trial ter- minated in a verdict for $3,565 56 for Mr. Muller. DECISIONS. SUPREME COURT—CHAMBERS. By Judge Lawrence. *Grant vs, Jonas; matter of Quinn.—Memorandums for counsel. Smith vs. Hart.—The affidavit of Mr. Rogers, which purports to have boen made on the Slst of December, 18 not verified. The Society for the Reformation of Juvenile Delin- quents vs, O'Donnell.—1 sball make the same dispo: Vion of this case as of that brought against John Maier— i. ¢, refer it to Baldwin to take proofs and to report the same to the Court, The affidavits are directly con- | flicting, and on one side or the other must be wilful and inteniional misrepresentation. The order will be entered on one day’s notice; the referee will proceed on two days” no Matter of Platt.—Granted, ‘khofl.—Motion granted, without Schuteldt vs. Kick! costs, Memorandum. Spoffard vs. TLompson.—Motion to vacate order ex- tending time to serve complaint denied, without costs, but no further application 18 to be made to the Court to extend such time, Memorandum, Elis vs, Andrews.—No allidavit having been pre- sented it seems to me that the plaintiff's papers, in the fence was put in by the city— | absence of explanation by the defendants, make outa | case fog the appointment of a receiver. The order will be settfed on one day's notice, and I shall preter that the parties should agree upon the receiver if possible, Memorandum. Wood vs, Fisk.—Allowance of $75 granted to the de- fendant. Reeves Dollomore.—Motion to vacate order of arrest denied, without costs, but with leave to renew on affidavits, The Society for the Reformation of Juvenile Delin- | quents vs. Maier.—It the affidavits on the part of the defendant are true the aflidavits of the plaintiffs must be wholly or fnainly untrue. I cannot intelligently dispose of thie motion without knowing the exact facts, and shall, therefore, refer the matter to Mr. A, De Witt Baldwin ‘to take proofs and report to the Court. Order to be gettled on one day’s notice and reference to pro ceed on two days? notice, : Krause vs. Claron.—Motion denied, without costs and with leave to renew, Memorandum, Matter of Wardlaw et al.—Application granted. Memorandum, By Judgo Barrett. Grinnell vs, The Mayor. &c,—The plaintiff is not en- titled to the co: of all proceedings after notice and must therefore be stricken trom each bill. Solomon ys. Simon.—Referred to Join N. Lewis to take proo!, &c. Memorandum, Brown vs. Kip.—Motion denied, with $10 costs to abide the event. Matter of Haywood,—Opinion. Clark vs, Watérs,—Opinion, Morton vs, Southern Transportation Continental Railroad Company.—I do not think that the plaintif, on the papers presented, is entitled to the order asked for. Bartlett vs, Einstein. Dackerhoff vs Abt costs, Memorandum. Shrady vs, Loader. for the appointment fant defendants, Matter of Haskin.—Application denied, with $10 costs. See opinion in re Haywood, ‘otion denied, with $10 costs. .—Motion granted, without ‘The parties may take an order @ guardian ad litem tor the in- New York State Loan and Trust Company vs. Hel- | mer.—Memorandum. Matter of Walsh,—Application dented, with $10 costs. See opinion in re Hay wood. i Cautero ys, Vega.—Security disapproved. Memoran- dum, Moraye vs. Vogel.—Referred to Mr. Frank Budd to take proo! and report, with his opinion, as to the date of service. Bowery Savings Bank va. Cuverly,—Motion denied. Memorandum. Seaver vs. The Mayor, &c,—Memorandum. Binney vs. Marshall.—Order correct and must stand; motion for a resettlement denied. The stipulation does not comply with the order, but defendant may have five days’ further time to stipulate. Peir vs. Taylor,—Let motion ofsettlement be served. Matter of Sturges. —Proceedings dismissed, Atkinson ys. O’Donnell.—Motion granted. SUPREME COURT—CIRCUIT— PaRT 3, By Judge Lawrence, Harding ve. Gartlan, —Findings as settled and signed, SUPERIOR COURT-—SPECIAL TERM, By Judge Sanford. Evans vs. Kalbfleisch.—Motion for a recovery of costs granted ; extra allowance denied, SUMMARY OF LAW CASES. pleaded guilty, and was sent to State Prison for two | William Hannon, for assault and battery, was sen- tenced to three months in the Penitontiary.’ James Driscoll, for carrying burglars’ tools, was sent to the Penitentiary for cleven months. Pritchard, a colored servant girl, for purloining ess’ property, Was sent to the same place for one yi Henry, alias George H. Williamson, a professional | pickpocket, charged with attempting to steal a watch trom Henry Geltield, of No. 76 Spring street, on a Third avenue car, pleaded guilty, and was sent to the State Prison for two years. A CHRISTMAS DAY CASE. Martin Blank, proprietor of a dance house at No. 86 James street, was tried on an indictment charging that at twelve o'clock on Christmas night he struck a Jad named George Smith, of No, 9 Hamilton street, on the head with a bottle, full of soda water, inflicting a serious wound, The accused stated that the lad bad attempted to stab aman on his premises a few nights | previously and that on the night of the assault he had drawn a slungshot and was about to strike the accused with it when the latter, in self-defence, strack him | with the bottle, The complainant did not deny that he had a slungshot in his posses¢ion when struck, aud the jury acquitted Blank TOMBS POLICE COURT. Before Judge Flammer, A MERCHANT ACCUSED OF SWINDLING AND HELD TO BAIL IN $15,000, Moses Strasburger, a jeweller, doing businessat No. 3 Maiden lane, was yesterday arraigned at the above Court on three separate complaints, charging him with obtaining goods by false representations. It was charged on behalf of Robbins Appleton, of the Ameri- can Watch Company, No. 1 Bond strect, that on the 16th August, 1875, the defendant came and represented to them that ho had just entered into partnership with a firm in St Louis, which had a capital stock of $35,000, of which he (Strasburger) had put 1p $25,000. ‘The name of tho firm was Strasburger, Rosenbiat & Co., and they were engaged in the jewelry business. On tho strength of these representations the American Watch Company sold and shipped to the St. Lows firm several thou- sand dollars worth of goods, taking therefor the firm’s | promissory notes for four months. William 'C. Spencer, cashier of the Gorham Manufac- turing Company of this city, made affidavit setting forth a state of facts similar to the foregoing. Seth EB. ‘Thomas, of the American Clock Company, No. 581 Broadway, also made a like affidavit, They had sold goods to Sirasburger, believing his represcntations of his connection with a solvent frm in St. Louis | to be true, They now allege that they were fulse. | The amount charged to have been obtained by Stras- | burger im the manner described is said to have aggre | gated nearly $200,000, Payments thercon to the | amount of only $1,000 had been made, while | goods to the amount of $69,000 had been re- | moved from the store in St Louis and could | not be accounted for, hence Mr. Strasburger’s | arrest. The defendant is charged with having chested | the companies above named out of property of the value of $15,000, His counsel denied all the allega- tious made. ‘Justice Flammer decided on holding the risoner for trial and fixed the bail at $15,000. Mr. ‘harles Schlessinger, of West Thirty-fourth street, be- came his bondsman, Strasburger resides at 262 West Thirty-third street. He has been thirty-tive years en- gaged in business in this city, A DISHONEST TRUCKMAN. William ©. Jacobson, purser of the steamer City of Galveston, made a complaint of grand larceny against Patrick Turber and John E. Morrissey. It appears | that Tarber was trucking bags of coffee from the ves- sel to its destination in the city. On the way dp South | strect Luke Stacom, who was on the sidewalk, saw Turber rein up his horses and then noticed a man walk up to the truck and carry off @ bag of coflee, valued at $27. - This man, it was Subsequently ascertained, was | | Morrissey, and the allegation sets forth that he stole Judge Ven Brunt, holding Part 2, Trial Term, of the ' Court of Common Pleas, is anxious to earn his salary asa Judge. On the opening of his Court yesterday there were fifteen cases on the calondar for trial, in | none of which, however, the lawyers were ready. He gave an order that henceforth twenty-five cases should be put on each day’s calendar for trial, Mr. A. De Witt Baldwin was yesterday appointed by Judge Barrett referee to take testimony as to whether Mr. O’Ponnet! and Mr. Myers, proprietors respectively of Gramercy Park Hall and Myers’ Halle, give theatrical performances at their places, making them amenable to the payment of license, ‘The retrial of an old case was commenced yesterday before Judge Speir of the Superior Court, the jury hav- greed atthe trial in October last The suit,is one in Which James G. Plunkett, a boy, employed by Appleton & Co., puolishers, seeks to recover froin them $5,000 damages for having a foot crushed in an elevator at their factory in Williamsburg. The defence is thi the accident was the result of bis own carelcesn that the clevator was properly constructed and that there was no negligence on the part of the defendants, the coflee with the guilty knowledge and connivance of Turber, Boih prisoners were beld in $1,000 each to | answer, | AN ALLEGED DISHONEST CLERK. | Henry Goldstein, of No. 1,817 Fourth avenue, was | yesterday arraigned on a charge of grand larceny. | Meyer Harris, proprictor of a wholesale furnishing | store at No. 197 Church street, testified that Goldstein was a bookkeeper in his employ; that he intrusted him with the keys of his establishment, and that on Satur- day last the prisoner went to the store and opened it. | Ve then packed up, it is alleged, $2,000 worth of goous, which he caused to, be put on a wagon waiting outside | the door and driven away. It is alleged that Goldstein | afterward sold the property, When arrested by Officer Hagan, of the Fitth precinct, the prisoner had in his | possession money and Dills to the amount of over $300, His counsel, Mr. William J, A. McGrath, claimed that Goldstein was a partner of Harris, and that no larceny had been committed, The prisoner was committed for | examination, WASHINGTON PLACE POLICE COURT. Before Judge Bixby. A PROBABLE HOMICIDE, On the night of December 31, Will'an Caveron, aged thirty-five years, residing at No, 827 West Twenty- eighth sire’, was assaulted near his home by some boys, who threw stones at him, He received a wound | in the head from on of the missiles, but went home and made ne complaint. He was taken sick after a few | days, Lus as he had no friends he was not cared fo- Rosina Bender has brought suit for $5,000 damages | ard for injuries sustained through an explosion of gas, The defendant had put some gas pipes in the house where the plaintiff lived in Rose street, and upon her going mto the vault with a lighted candle, the gas exploded, causing her to receive per- manent injuries, The trial of the case began yesterday before Judge Van Hoesen of the Court of Common Pleas, The defence is that the gas pipes were properly constructed and of good material, and if anybody is liavle it is the gas company. During the day the jury went to examine the premises where the explosion oc- curred. In the Marine Court, Part 1, before Judge McAdam and a jury, yesterday, John McSweeny, a police off!- cor, sought to recover damages from his cousin, John Barrett, for slander, In 1874 Barrett was arrested in a civil action for breach of promise, and sent for plain- tif to get him out, and in pursuance of that purpose authorized plainti’ to draw all his money out of the savings bank, partly to get bail and partly to kee out of the way of the woman suing for breach of promise, McSweeny expended about $400 in counsel fees and procuring and returned the balance, about $1;800, to Barrett; but the latter, supposing he bad $300 more in the Emigrant Savings Bank than he had, accused MeSweeny of defrauding him of that sum, For this slander the present suit was brought. The dofendant, Barrett, denied on the witness stand that he ever charged MeSweeny witb defrauding him. The Jjary gave plaintiff a verdict for $68 92. Plaintiff's law- yer stated to the jury that the object was not to get money, but to vindicate his client's character. COURT OF GENERAL SESSIONS. Bofore Judge Gildersieeve, JUDGE GILDERSLERVE ASSUMES HIS SEAT. Promptly at eleven o'clock yesterday Judge Gilder- sieeve took his seat upon the bench and announced that Part 2 of the Court of General Sessions, which had been adjourned till yesterday, was then adjourned tine de. He then formaliy opened and presided over Part 1, relieving Judge Sutherland, There was no ease of any great importance on the calendar, but the young Judge had an opportunity to show the qualities which cbaracterized him in the practice of bis profes- sion and in the trying position which he so well sus- tayned abroad as captain of the American rifte team. ‘The dignified yet modest bearing which he exhibited upon the bench, his decision in sentencing the dozen criminals who pleaded guilty during the first half hour of his active judicial career, and the clear, succinct and concise gature of the charge be delivered to We jury in the cases that were actually tried, showed that the peo- ple of Now York made no mistake when they elected Henry 3. Gildersleeve to the judiciary. HIS TIRST JUDICIAL SHOT, The first case called before the new Judge was that of alad named William Williams, who was Indicted for assault and battery, The complainant in the case did not appear and His Honor discharged the prisoner, HITTING THE BULL'S EYE. John Johnson, one of two laborers who beat and robbed Houry Fredericks, of No. 394 West Forty.fourth street, pleaded guilty and was sent by Judge Gilder. sicove to State Prison for ten years. against James it | | ptreet, on the hea George N, Maskey, jointly indicted with John Cotton | for obtaining from William Van Kirk, No. 246 West Twenty-seventh street, thirty-three yaris of carpet, the property of John J. ‘Kelly, No. 087 Broome. street pleaded guilty and was sent to State Prison for two au a balf years. Joba Weisman, charged with breaking into the dwell. ing of Louise Moteiler, No. 205 East Ninth street, and stealing $25 worth of jewelry, admitted bis guilt and was sent to State Prison for three years. Leon Mal who stole $62 worth of clothing from Mary Jane Davis, No, 130 Amity street, was sent to the same institution for five years, Mary Morgan aud William Laughlin each pleaded guilty to petit larcency, and were sent to tho Poaiten- tary for six months. “ , aged nineteen, charged with having, on & of December 30, stolen $29 from St, Roman Catholic chureh, corner of avenue B three years, William H, Brooks, of No, 15 Baxter street, who stole a butcher cart trom the strect in front of the store of Henry K karlen the pikht of December 24, , Juetice Monell.—Nos. 675, 75: | His son, a Loy of ten yeers, wont for a minister on Sun- day ut his father's request, and, when the minister arrived, he found Civeron ina dying condition, He reported the case to the station house, and, on informa- tion of the son, three boys living in the neighborhood, named Louis Farrell, Michael Hogan and Morris McCarthy, were urrested, The boys were taken before Caveron, but he was then ‘unconscious and could not id-ntify them, Caveron was then sent to 8! Luke's Hospital and the boys were taken to court, Judge | Bixby remanded them, stating that if Caveron was ina | dying condition the Coroncr would have to take charge | oj the case, ELEPING A GAMBLING HOUSE, Roundsman Cartwright, of the Sixteenth precinct, | complained that the house No, 302 Eighth avenue is | kept for gambling purposes. The following persons, arrested at the gambling tables, were held in $300 each | to answer:—Edward Glennon, Martin Smith, Michael Farrell, William Larkin, Jacob Enderley, Bernard Mar- tn and James Wells, The roundsman could not ascer- tain the name of the real proprietor of the house, so the complaint was made against cach of the prisoners, ESSEX MARKET POLICE COURT. Before Judge Otterbourg. LARCENY FROM THE PERSON. Atanearly hour yesterday morning as Philip Ran, of No 126 Chrystie street, was walking through Chrys- tle street, and when near Rivington street, he was met by three men, who grabbed his watch, valued at $75, and ran away, While Rau was looking after the | thieves Thomas Devine, of No. 122 Madison street, came | up aud kindly pointed out the way the thieves had taken, | Rau eyed Dovine suspiciously and walked with him until they met an officer, when he gave him in charge ‘as being the real thief who stole the wateh. Incourt | yesterday Devine was held in $2,000 to answer. POLICE COURT NOTES, Isaac Gactberg, of No. 103 Forsyth street, aged twelve years, was held in $500 to answer, at Essex Market Police Court, for stealing a hat, valued at $1 from the head of another boy, Henry C. Attwood, of No, 319 Grand street. At the Tombs Police Court yesterday, John Mariatta was held in $500 bail to answer for stabbing Sarah Mc- Garry, of No. 50 Forsyth street, in the arm with | a knife, Joseph Margino was also committed for trial for striking pron pene of No. 123 Liberty with a bottle, inflicting a severe wound, Bail was put at $1,000.” . COURT CALENDARS—THIS DAY. Surreme Cocrt—Cuawrens—Held by Judge Bi rett,—Nov, 1, ¢3, 100, 10%, 114 12%, 124 140, 146, 149, | 183,'178, 19, 2)1,' 202," 204, 212, 24}, 280, 951, 274, 276, 202, 307, BLL, 817, 3.¥, 325, 326, 3” Suprexk Court—Grygrat, Terw—Held by Judges Divis and Brady.—Nos, 177, 163, 1/4 166, 187, 188, 168, | 1.4, 157, 142, 160, 192, £3, ‘104, 190, 196) 197) 198, 199, | Surreue Covnt—Srecan Term—Held by Judge Donohue.—Demurrers—Nos, 11, 3, 21. Law and fact— | Nos. 58, 130, 137, 161, 162, 183, 157, 159, 165, 16634, 168, 171, 179, 197, 200, 202, 22), 232, 233, 234) 935) 238) 240, 241, 247, 249, 250, 251, 258, 255, 257) 258) 250) | 260, 261, 262 206," 267, 268, 269; 270, 271, | 272, 2 27%, 278, 279, 280, 281; 282) aR8) | 284, 285, 286, 287, 288, 289,'290, D9, 292, bes, 296, 207, 298, 300, 301, 304, 307, 908, 309, 310, 311, Scrrewm Cocnt—Crecerr—Part' 1—Held’ by’ Jud; Van Vorst.—Nos. 807, 2181, 2119, 467, 1879, 1041, | 1989, 2521, 1822, 2115, 2235, 1553: ; ‘art 2—Held by Judge Woattrions Sonat | on, No, 3004, No day calendar, Part 3—Held by Lawrence.—Nos. 3569, 988 Jur | 4009, 978, 1119, 4125, 12 or aert 180, "oon Seam 417, 4204, 19, 3001, 4014, 924 i ( Screnion Covrt—Generat Term—Hold a Cartis and Sedgwick.—Nos, 2, 16, 28, 29, «2, 49, 52, 57, - Surerion Covat—Srecian Teaw.—Held by Judge.) bag gee jue of law—No, 3 Issues of fact—Nos. Scpenton Covrt—TRIAL een tea 1—Reld by Chief 1, 1675, Be 080, 879, 968, 182, 8, 673, Part ‘ eld by’ Judge Speir.—Nos. re 1804, 642, 900,882, 023, 1783, 964, 968, 07 ie 7 Commo’ Pisias—TRriat Teew—Part 1—Held by J Van Hoesen. —Nos. 696, 1245, O11, 1909, 1002, 1150, 1 Part 2— 1808, 72845, 001, 4918, 1244,'2199,' 777, B3Lt, 67a. os. 168 eld by Judge’ Van Brunt. — 2, 2804, = in’ Py 3510, 1313, 1815, 1316, 1917, 1518, Tae, 1aat, tak 335, 1396, 1337, 1338, 1339, Notice To Tak Ban —Judge Van Brunt has ordered that in futare twenty five causes shall the calendar in Common Pleas, Part iasteah of Biteen. Coxmox Piras—Equrry Tena—Held joseph F, Daly Nos 4 18 nathan: JOMMON PLRAS—GENERAL TERM—Held by tice Daly and Jadges Kobineon pnd Leeremeae Sata 8, 11, 20, 20, 35, 51, 55, acts 73, 198, 114, 176, Manise Covnt—ThiaL art 1—Held 'b; Justice —Nos, 6220, 3475, 305. 3358, oom, Be 6832, 1214, 3767, ), 3770, 3773, 3774, 3775. Part So tlesd ty dodge Mektnm, tee Sate. gore, 337 5635, is, 6180, 9655, 8604, 8690, 4163, 2346, Be, ata gat san a fa 5175, s0s0, uate? “ , COURT OF GENERAL Sxssions—Held by Judge Suther jand.—The People vs. Patrick Lovitt, robbery; Same vs. Deunis Crowley and William Hays, burglary; Sani vs. William T. Ewin and Joby Burus, burglary; Sam vs, Charles MeCormack and Frederick Dover, burglar; Same vs. James Dolan and James Kelly, grand larcen ; Same vs. Edward tou, grand larceny; Same vs. James Wright, grand larceny; Same ve, Frank Pierce, forgery; Same vs. James beet ay larceny; Same vs. John Dorcy, petit larceny; 0 vs, Harry Nelson, petit larcety. ‘THE NEW GENERAL SESSIONS COURT. The following requisition was served on the Commis- sioner of Public Works on Saturday last in regard to the new Court of General Sessions, and was by him re- ferred to the Corporation Counsel for Lis opinion on the matger:— New Yor, Jan. 8, 1876. To Fir Jous Ponten, Esq., Commissioner of lublic Vorks:— We, the Recorder, Gity Judge. and Judge of the Court of General Sessions of the city of New York, do hereby demand that yeu do forthwith furnish and sup- ply fit and proper accommodations for the holding of the additional branch of said Court of General Sessions ot the Peace for the city and county of New York, a8 required by section 6 of chapter 259 of the Baws of 1875. JOHN HACKETY?, Recorder. JOSIAH SUTHERLAND, City Judge. 5 HL. A, GILDERSLEEVE, Judge of General Sessions, THE SINGER WILL. DECISION OF 6URROGATE COFFIN RULING OUT THE CLAIMANT—THE WILL PROVED AND LET- TERS TESTAMENTARY GRANTED. Surrogate Coffin, of Westchester county, yesterday gavedis decision regarding the legality of the claim of Mrs. Mary A. Foster, the contestant in the Singer will case, After the decision had been announced, Mr. Van Pelt, counsel for Mrs, Foster, asked the Court to eus- pend further proceedings in the case until hé could havea little time in which to perfect an appeal toa higher court. Ex-Judge Porter, for the proponent, strongly dis- senied from the counsel’s proposition, The Surrogate said to Mr, Van Pelt that should an appeal prove successful the rounsel had a right to come in before the final distribution of the estate, any time within a year, He also said that if counsel could agree between themselves in regard to the two days’ time asked for by Mr. Van Pelt he (the Surrogate) would have no objection to granting it. Ex-Judge Porter, however, characterized the request as preposterous, and, with the consent of the Court, placed two of the subseribing witnesses on the stand. ‘The will was ac- cordingly proved by these witnesses, The Surrogate then tssued letters testamentary to David Hawley, the surviving executor, and be was immediately sworn im as such, The following is a synopsis of ‘THE SURROGATE’S DECISION, After reciting many of the facts elicited during the trial the Surrogate says:—W:thout going into the facts more in detail, it may be sufficient to say that there is abundant proof from which a marriage could be in- ferred, down to January 23, 1860, had there been no mnpediment existing to repel the inference, The ditli- culty was that he had another wife living. But on the Jast named day a decree was obtained in the proper tribunal by Mr. Singer, granting him a divorce @ vin- culo from his wife, formerly Miss Haley, and per- mitting him to marry again. Down to this point of time it is very plain that Miss Sponsler (now Mrs. Fos- ter) was not ibe wife of Mr. Singer, and the only que: tion to be determined is, did she thereafter beconfe his | wile? The fact that the old relation remained unchanged is admitted by Mrs. Foster in what is known as the “McKeon complaint,” duly veritied by heron the 15th day of November, 1564, in which she alleges that as soon as Mr. Singer obtained the divorce from his first wife, née Miss Haley, he declined to have the marriage ceremony performed between them for reasons which are not yery material, ‘The chief requisite to a valid marriage is the inter- change between the parties of a inutual present con- went to take cach other as husband and wife. This is of itself sufficient. The fact of such consent or contract may be ivferred, in the absence of direct evidence, from a proven state of facts warranting the presumption where no impediment to marriage exists, Applying plain and well established legal proposi- tions to the facts before us, it is quite apparent that Mrs, Foster must fail in her present application to be recognized as the widow of the decedent. Her-rela- tions with him were meretricious in their inception, witha (ull knowledge on her part that they were such. He had a living wite, which was a complete impedi- ment to their marriage, either ceremonial or inicren- tial, down to the year 1860. Indeed, it not insisted learned Counsel that any marriage could be any way prior to the decree of divorce obtained by him from bis wife; but itis insisted that after that period, the impediment having been re- moved, wo must infer a. marriage from the fact of their having lived together, together and been recogmzed by their acquaintances as husband and wife for the space of six months; but to such an inference there are somo serious obstacles, First, there was no change from the iliit relations al- ready established, the removal of the impediment not of itsel! operating such change, Second, a change of the relation was absolutely refused to be nade by him. Third, after such refusal she still continued for six months to live with him as she had done before. Fourth, they ceased to live together forever after the separation in August, 1860. These reasons are of them- Selva andicient dispel any gathering appearance of a marriage between the parties. If anything further were needed to convince us that they did not consider themselves as husband aod wife it is sound | in the fact that they subsequently, undef the circum- stances disclosed by the testimony, severally, and without the formality of adecree of divorce first ob- tained, formed ceremonial marriage relations with | other parties, I therefore reach the conclusion that Mrs. Foster, the applicant in this proceeding, is not the widow o Mr. Singer; but that Mrs. Isabella Eugenia Singer, | named in the will propounded, a lady whose character i$ in Ho WAY impugned by or involved in the matter, and which we are bound to cousider as above re- proach, is the widow of the decoased, and her children | his legitimate offspring. The application of Mrs. Foster is denied. A JUDGMENT AGAINST ERIE, Mipp.etows, N. Y¥., Jan. 10, 1876, Aaron Smith, of this place, was, about four or five years ago, in the employ of the Erie Railway Company | asabrakeman. By an accident he lostanarm. He afterward brought suit against the company to recover | damages for the injuries sustained. At the April term of Court in this county a judgment was renderod in his favor inthe sum of $2,000. The plaintiff charged in his complaint that tbe accident was the result of usin; adefective engine, The company thought the ju ment against them entirely unjust and appealed t case to the General Term, which has just affirmed the judgment. It te stated that the Erle Company will carry the case to a higher Court, MR. BOWEN EXCUSED, Among the jurors calied in the panel of the Brook. lyn City Court, Part 2, before Judge Neilson, yesterd: was Mr. Henry C. Bowen, of the Independent, He pre sented an oxcuse which the Court deemed sat and went op way rejoicing. THE WERBETZ HOMICIDE, Coroner Croker held an inquest yesterday on the body of Louis Werbetz, who was stabbed at No. 27 Bayard street, on New Year's morning, by Arnim | Ling, and who died at Belloyue Hospital Inst Friday night. The testimony coincides in the main with the statement originally made by Ling to a Heratp re. porter. Frank Schuler, baker, residing at No. 97 Bayard street, said that he knew deceased, and was present when he was stabbed; on the morning of January 1 about two o’clock, witness was in the saloon at No. Bayard street; Werbets came in with a friend; he went up to Ling, who was sitting by the stove, and said, “What have you got against George; he is a good friend of mine, and if you do anything to him you do it to mo,’’ at the samo time hitting him on the shoulder two or three times; Werbetz was pulled away from Ling, but subsequently got at him again, when they fell to the floor; then Werbetz, who was under the influence of liquor, cried out ‘Iam stabbed 5” ‘witnoss afterward saw bis wounds; Ling bad said noth- ing to his antagonist and was sober. Frederick BI r, another baker, of No. 27 Bay also present, corroborated Sel added that he heard Ling say y, after Werbeta’s first assault, that “if Werbetz attacked him again ho would defend himself, oven if he had to take a knife.” Lena Mentz, the wife of the ir of the saloon, testified that Ling Told her if Werbets meddied wit him again he would stop him; s! known di about four years; when he was under the influence of sieclons Ricnerd Sisicty of ue Tenth psctinet, thetl. jcor Richars cl je Ten! fea that when he went. foto "tne about three o'clock, he found Werbetz lying on tho near the counter, and found ho had been stabbed; Arvim Ling was pointed out as the man who had done the stab- ping; witness asked the prisoner he had done what he had, and he replied, ‘ He wan' to hit mo; all iu me, but I’m sorry for what I jaye done.” Deputy Coroner Dr. MacWhinnie tostified that he bad 4 post-mnortem examination on the body of deceased and found two stabs in the abdomen and one in tne chest. The jury rendered the following ver- dict:—‘*That the said is Werbeta came to his death by stab wounds inflicted Arnim Ling, at No, 27 by. ard street, on the Ist of January, 1876. to the Tombs without NEW YORK HKEKALD, TUESDAY, JANUARY Il, 1876—WITH SUPPLEMENT. Be ics} Areca ie ctr samme dN alte ie inet i 2 ec MMR ie ati: a RS | federal domal cohabited | | Teachinj CENTENNIAL APPROPRIATIONS. CONGRESS RECOMMENDED BY THE COTTON AND PRODUCE EXCHANGES TO APPROPRIATE A MILLION AND A HALF OF DOLLARS. A meeting of the members of the Cotton Exchange was held yesterday at noon, Mr. Henry Hentz, Pres- ident, in the chair, and Mr. George E. Moore Secretary. Resolutions were passed sympathizing with the estab- lishment of the Centennial Exhibition at Philadelphia and recommending Congress to appropriate $1,500,000 to compiete the work, While opposed to governmental and in fayor of private enterprises, the members thonght it should be borne in mind that the Exhibition could not be considered a local or sectional one, and must therefore be under the care of the government, Tho Produce Exchange was invited to participate in the recommendations, and copies of the resolutions were ordered to be transmitted to the United States Senators from New York and to the members of Congress from this city, These resolutions were signed by William Woodward, Jr., Walter J. Miller, William P. Campbell and Henry Hentz, The ‘allowing additional resolution, which was offered by Mr. John H. Inman, was also adopted: d people in she futare, ix the centennial year, and t their representmeti in iq ‘disturb gress should do uo act which would necessarily the patriotic concord now existing and increasing; but, respon sive to and in furtherance of the foregoing sentiments, which have been substantialiy embodied in resolutions and passod by unanimous vote in the House of Representatives on the Gith inst., thet Congress be and is hereby respectfully re- quested to remove, unconditionally, all poiitieal disabihties resulting from tho late civil war, This resolution was offered in ylew of the report from Washington that the Southern members had agreed that if the amendment to Randall’s Amnesty bill ex- cepting Jefferson Davis was pressed they would not vote @ dollar for the Centennial Exhibition, . AT THE PRODUCE EXCHANGE, - A meeting of the members of the Produce Exchange was held yesterday at a quarter to two P. M., Mr. B. W. Floyd, President, in the chair. Board of Managers, calling for a special meeting and signifying its Object, was first read, and President Floyd adaed a few remarks tending to prove that tho affair was a national one and not merely for the citizens of Philadelphia Mr. 8. D, Harrison then offered the following pre- and resolutions, supporting them by a few re: Whereas, while heartily indorsing the action of Congress in retusing by w almost unanimous yote to gral tre: subsidies propriations from the fed oward private enterpri the national interest taken in the success of of the approaching ceutonuial of our Republic, favor of an exception being made to the strict interp! of this general rulo; thorefore Resolved, That the New York Produce Exchange heartily approve of the proposition now b 4 ate $1,500,000 for the purposes of the Ce: tobe Held in the city of Philadelphia during the coming summer. Resolved, That @ copy of the ferecoing preamble and reso- ution be transinitted by the President of this Exchange to the Speaker of the Mouse of Representatives and to the President of the Senate, with a request that they be com- munteated to their respective bodies. These resolutions were adopted and the mecting ad- Journed. THE PRODUCE EXCHANGE. A meeting of the provision dealers was held at the Produce Exchange yesterday to consider the new rules which were mentioned last week. No definite action, however, was taken and the meeting adjourned until to-day. A meeting of the weighers and elevators of grain, who have, as already announced, proposed to raise their rates for elevation and weighing from one-half to three-quarters of a cent per bushel, will be held to-day to reconsider their proposition. It will be remembered that on the 4th inst. the receivers and jobbers of grain passed a resolution requesting the weighers to give them an answer before the 10th inst., as to whether they intended to charge the rates as they had proposed CUSTOM HOUSE SEIZURES. Customs Inspector R. P. Egan seized on board the White Star steamship Celtic a point lace shawl, which is believed to be worth $500. It was addressed, to Mr. W. P. Gill, who came as a passenger on the steamer a few months ago, The package was sent from Paris to Liverpool, addressed to the agents of the White Star line, who forwarded it on here, It will be appraised at the Seizure Department. or to mpke the smuggled wines and aoe seized by Special | Treasury Agents Russell and Bibbins, of Colonel Lowe's ; staff, at No, 42 President street, Brooklyn, are valued at &: Fifteen yards of costly silk, seized from a lady pas- genger on board the steamship City of Havana, from Havana, were handed into the Seizure Room yesterday. COMMERCE OF NEW YORK. ‘The following is a statement of tne number of vessels that have arrived at this port from foreign ports from January 1, 1875, to December 31, 1875:—Steamers, 883; ships, 342; barks, 1,714; brigs, 1,032; schooners, 1,089, making a total of 5,010, Vessels engaged in the coast- | wise trade south of New York :—Steamers, 1,016; ships, 26; barks, 40; brigs, 30; schooners, 3,382—Total, 4,494, During the year the following number of vessels assed through Hell Gate:—Steamers, 8; ships, 1; Parks, 17; brigs, 55; schooners, 204—Total, 380. The namber of vessels engaged in the coasting trade east of New York arriving at this port for the past year is as follows:—Steamers, 820; ships, 8; barks, 26; brigs, 188; schooners, 9,022—Total, 10/033. Passed through Hell Gate for foreign and domestic poris:—Steamers 2; barks, 12; brigs, 6' 115—Total, 196. For domestic ports direct:—Steamers, 632; ships, 4; barks, 86; brigs, 184; schooners, 5,902— Total, 6,658 Whole number of foreign vessels Whole number of coasting vessel Total for 1875. Whole number for 1874. Decrease in 1875. FATAL FALL FROM AN A child five years old, son of ex-Senator A. 8, Upham, who resides at the Mansion House, Hicks street, Brooke lyn, was killed yesterday forenoon by fal:ing from an elevator in the hotel named. It appeared on the in- quest, which was held by Coroner Simms last evening, that the little one got on the elevator on the firat floor, the apparatus being under the care of James Leonard. On the third floor the elevatof stopped and the con- ductor left for the purpose of showing a lady to her room, the child remaining onit, The man was absent about two minutes, when, on reterning, he saw the ele- vator in motion, the little fellow having started it on its upward course. When it reached near the top of the door the child leaped out with the intention of the floor of the hall, His feet struck the threshold of the door, and, falling backward, he was ELEVATOR. | pregipitated a distance of fifty feet to tne lower floor, Whee picked up his skull was round to be tractured | ind his left leg and arm were broken. He died ina few minutes. A verdict in accordance with the facts was rendered, ‘ ANOTHER ELEVATOR CASUALTY, An inquest was held before Coroner Simms, Brooklyn, yosterday afternoon as to the cause of the death of Mn Samuel Elliott, who was killed atthe Brooklyn White Lead Works. The following verdict was rendered by the jury:—‘That the said Samuel Elhott came to his death from injury accidentally received by falling with the elevator through the passage of the elevator at the Brooklyn White Lead Works December 25, 1876, and wo (the jury) recommend that the company have printed jacard: near the elevator coutroning all persons tor. from getting on the ele FATAL FALL. William W. Wright in attempting to carry a stove up stairs at No. 881 East Eighty-second street yesterday missod his footing, fell down two ita of stairs and ‘was instantly kite. si A MIRACULOUS ESCAPE. Matthew Barr, aged four years, fell yesterday from the third story window of atenement house, near Third streetand Grand, in Hoboken, into the street. The distayce was about thirty-tive feet. The child had no bs doo§ broken, and is now fast recovering from the BARTON'S JUMP. _ James Barton, ® coalheayer in the Erie Docks at Eighteenth street, Hoboken, and a native of Newburg, while crazy with drink, jumped out of the third window of “The Shades," pete foot of Union aver nue. He broke his thigh by his mad leap, A STARVING MANIAC. [From the Troy Whig, Jan, 7.J° attack of insanity last summer, induced by the fear of rty, and all iia ct ty, sieeens ‘isappeared. Yi father-in-law, accompanied by forced an entrance into her hor covered standing bolt upright in corner of @ bed- room, a perfect maniac. When questioned as to how teatbeds rane erieetiy eal ae yp Caged were taking her was nearly found about ‘oustam The letter from the | MEETING OF THE ALDERMANIC COMMITTER-< PETITION OF PROMINENT CITIZENS—MR., AUGUST BELMONT ARGUES IN FAVOR OF THE CONFIRMATION—A SPICY DISCUSSION, The Committee of the Board of Aldermen, consisting, of Mesera. Cole, Purroy and Lysaght, to whom was re- ferred the nomination of Gencral Fitz John Porter for Commissioner of Public Works, met at the City Hall’ yesterday afternoon, Alderman Cole presided. The smail room in which the meeting took place was crowded, ‘When the committee had organized Mr. August Bel- mont, who was preseat, handed in the following come munication:— ee New Yor, Jan, 10, 1876. bay ena Cour, Lysacur and Committee, 0. — GaxTiEMEN—Tho ee oy beg leave to say that the nomination of General Porter as Commissicger of Public Works, which has been referred to you, is to be regarded as one of the most important subjects which has for along time come before of Alder. men. The opposition to General Porter is in a large degree opposition to honest and economical mana; ment of public moneys, and 1s to a great extent based on the avowed expectation of placing the Departinent of Public Works in hands lees cureful of the public money. Tho city has of late years been plundered of large amounts by dishonest public oficers, and the tax- | paying citizens regard it as their duty and right to look ‘with some care on questions like the pesesnh eee great expenditures of money tn the future, The under. Signed, therefore, respectfully reqnest that you will give them an opportunity to be heard before your com» mittee prior to any final action on your part George Ticknor Curtia, — W. C. Prime. John T. Agnew. August Belmont, Royal Pheips, Moses Taylor. Bidney Webster. John A, Stewart, Samuel Sloan. George Law. Wilson G. Hunt. 8. L, M. Barlow. Alderman Purroy questioned Mr. Belmont as & whether he could tell the politics of the petitioners, Mr. Belmont answered that they were all democrats; far better democrats than sotne high officials now oppos- ing the confirmation. He need not go any further than | the Comptrolicr of the city. Alderman Purroy suggested that one o'clock to-day be set down as the time for hearing any remarks that. might be made either for or against the comfirmation of General Porter, Mr, Belmont said that the signers of the communica- ton were very respectable gentlemen, and requested they should be heard first, The request was acceded to, Alderman Verroy then querie!—Do you think, the nomination of General Porter will benefit the demo- cratic party ? Alderman Co!e—I think it would kill tt Mr. Belmont was of the opinion that it would benefit, the democratic party. No oue could point toa single’ action of the speaker's which tended to injure thet party. He certainly would not ask the Board of Alder- men to confirm Geveral Porter if he was under the im- ession that it would cause injury. The whole sub- ter narrowed itself down to a question whether the democratic Board of Aldermen would sustain Comp- troller Green, who last fall afiliated with republicans for the purpose of defeating the Tammany ticket. The pcm jarge made against General Porter was that in relation te his act of reduction of laborers’ wages. He (Mr. Belmont) was known to be as good a friend of the laboring man as anybody present. If he had been in General Porter’s place he would have done precisely the same thing. It was better to employ 1,000 men at $1 50 per day than 600 at $2 There was no reason why laborers’ wages should not come down along with everything else. He was fully con- vinced that the acceptance of General Porter's name would be of great benefit to the domocratic party; his “rejection would confirm the action of the republicans who had persecuted him since the date of the court martial because he had been the ally and friond of Gen- eral McClellan, Alderman Purroy called attention to the action of Tammany Hall at the last ciection in sending out pamphiets denying that the organization had been re- sponsible for the reduction of laborers’ wages. Mr. elly had also made speeches from the same stand- point, Did Mr. Belmont think the defeat of Trmmany was due to‘a mistaken impression in the public mind as to the action of this party on the labor question ? Mr. Belmont thought the deteat of the party was mainly due to the frightful mistake made by Mr. Kelly in failing to nominate Recorder Hackett. ‘Alderman Purroy said Mr, Kelly might have con-’ | sidered Recorder Hackett not a fit man for the place, and he therefore had no right (o barter principles for political expediency. ; Mr. Belmont answered that mizht be the case, but leaders oftentimes made mistakes Mr, Belmont wanted it understood that he was a good Tammany man and a friend of Mr. Kelly’s, whom he had known for Sey Tes, That genUeman was known as “Hone, est Jobn Kelly ;” but in the matter of Recorder Hack he had made a great mistake. He had also known Mi Hackett for a number of years and he recognized i him anable and just judge. 1t was very hard to swim against the current of public opipion, Alderman Purroy esked if it was not against the doe- trine of “‘home rule” to appointa citizen of another State to a prominent officiel position im this city. Mr. Bermont said that men like General McClellan | | and others who had fought for their country were citizens throughout this whole Continent, General McClellan had been appointed Chict Engineer of the Dock Department while a residont of New Jersey, og no one had objected to it. Many had voted for Mr. Bigelow as Secretary of State, aithough that gentle- man had never probably cast a democratic ballot in hig lite, Circumstances sometimes altered cases. General Porter had been persecuted, and the only real opponent which he now had for his appointment as Commis- sioner of Public Works was that great man at the head of the financial department. After some further unimportant discussion the com- mittee adjourned, to meet again at one o'clock to-day, DEPARTMENT OF PUBLIC PARKS, The Park Commissioners received yesterday sealed proposals for contracts in connection with the equip- | ping and establishing of the building now erected for » | Museum of Natural History on that part of Central . Park known as Manhattan square. The following is a | list of the lowest bids handed in:— lron work—Watson Manufacturing Company, * | Paterson, N. J. .ssesesceseee 10,808 Carpenter work—J. F, Donvan 29,435 Plastering-work—J. Mahouey 8,800 Plumbing work—T, MeDer:nott 4.745 ‘tificial stone and tile work—T. B= CITY HALL NOTES. City Chamberlain Tappan has received from bank for | interest on December deposits $5,456 95. Charges have been preferred to Mayor Wickham | against Jobn Duggin, a city mfrshal, by Charles White, of No. 421 West Thirty-fifth street. The latter claims that the rere took away see. Nabe oie wife’s property on a Judginent against himself for ‘Addea to this complainynt, as 11 1s alleged, also received asound beating Duzggin. Ap examination inte the facts will be commenced on Wednesday next. THE THIRD AVENUE BANK CASE. THE EXAMINATION INTO THE CHARGE OF PER- JURY AGAINST TRUSTEE DECKER, ‘The Third Avenue Bank case came up again yestor- day for examination in the Fifty-seveath Street Police Court. Mr. Ashbel P. Fitch, counsel fur the prosecu- | tion, submitted points in law in opposition to the mo- tion to dismiss made at the last meeting by Mr. Clinton on behalf of Thompson W. Decker. Mr. Clinton claimed that the prosecution, having been conducted under a section of the law of 1857 which was repealed by the statute of 1875, the defendant could not be held. for an offence alli to have. been committed before the passage of the now act. To this Mr. Fitch replied that the Legislature never intended such @ result, as is evident from the re-enactment of the section of the statute of 1857, The defendant is with having and untrue | signed and verified before @ hry od athe cn oA ea x the statement of the ¢ dete! 8 bank proved that ey the person to be chargod,with the crime all question, then, remaini to be decid: . Fitch ‘was whether the defei ant made oath to the statement in question with a cor- rupt or wilful intention | dence that he had, the de. Mr. Truax, counsel for Messrs. Caum, Lyons & Ba! whose interest in the decision of the Court in Deckers case is equal with his, made a reply to Mr. Fitch, bold- ing the position taken by Mr. Clinton to be imp ble and contending that the swearing as to values was not according toany known law. A remeay might he in a civil action, but it could not tm a criminal prosecution. The further hearlng of the case was then postponed until Thursday next, when Mr. Clinton will be heard im answer to Mr. Fitch for tho defendants, GERMAN-AMERICAN BANK. The annual election of directors of the German. amerte. can Nationa! Bank occurred yesterday. Unusual interests ‘was given to the clection from the fact thata fraction of. the stockholders, under the lead of Mr. 0. H. Schreiner, cashier of the institution, are in favor of throwing {t mto liquidation. Some Mr. advising liq oe on tes mht % af that there was little prospect of remunerative by Scureee ame polls were opened at eleven Srelock Spd abibed eb. threo. The advocates of liquidation railied fhe ga est force, as did its opponents. After the close the im-, . ICONTINDED ON NINTH PAGE]; ‘ ’