The New York Herald Newspaper, January 13, 1876, Page 8

co et THE COURTS. Scere aot i i niineh amen The Motion fora New Struck Jury in the Six Million Tweed Suit. Challenge to the Array in the One Million Suit Overruled. THE QUIPS AND QUIRKS OF THE LAW ee Cases Argued on Appeal Before the Supreme Court, General Term. ——-_--—-——— BY-JUDOE FREEDYAN 4S A THIRTEENTH JUROR, The motion on the order to show cause why the old €liors chosen in the Tweed $6,000,000 suit should not strike a new jury came up yesterday in Supreme Court, Chambers, Judge Barrett presiding. Mr, Dudley Field, on behalf of the defendant, argued, in opposition to the motion, that the two defenaants, ‘Tweed and the city, were not identical in interest, and for this teason there might be confusion in striking the pames off the list, He contended that. the old clisors should not be continued if the new jury was ordered, Messrs. Peckham and Carter replicd to the argument, Judge Barrett said that he thought the question of a struck jury was res adjudicata, and the plaintiff entitled to demand one. Judge Barrett, in Yendering his decision, ye:—“There is no Substantial difference between the orders Posed, except as to the persons to Pointed as elisors, The previous panel was quashed, because it was a mistake on the part of the gentlemen originally selected. their good faith has ever been intimated, and there i force in the sugge: nm that the consequences of their oversight will induce them to be additionally careful, Under the circumstances they ought te be reappointed, The counsel then proceeded to the Supreme Court, Cirguit, whero Judge Westbrook rendered his decision in the challenge to the array of jurors in the Tweed $1,000,000 suit, There was, as usual, a large attend- ance. Judge Westbrook held that the challenge was not well taken and overruled the objection on the part of the defendant. The examination of jurors was then proceeded with. Robert Lennox Kennedy was the first juror called, whereupon a Jong discussion aroge as to the manner in which this juror should be sworn, at the end of which Judge Westbrook decided to haye him sworn and ex- amined in the usual way. Mr, Kennedy was a ingly sworn on the challenge. ‘Mr. Konnedy had heard of the Tweed case; he had beard thnt Tweed was charged with conspiracy to de- fraud the city. (An amused smile pervaded the room.) He had rormed an o; in regard to the six warrants on which this suit is founded; he had served as one of the Committee of Thirteen to examine the accounts of the Comptroller, ke, and in that duty had formed a very decided opin: jon. Mr. John Taylor Johnston, President of the Jersey Central Railroad, was the next juror examined, He bad formed an opinion; he believed that Tweed ad conspired to defraud the city. In answer toa question proposed by Mr. Field Mr. Johnston said that be would prefer that the people should win, (Laugh- er.) The Court here asked Mr. Johnston what he meant © by that. Mr. Johnston arose and, addressing tho Court, said he could not stand a ciose examination on the use of different words having five separate mean- ings, but he meant that he derived an impression from what be read, but had no bias one way or the other. Judge Westbrook reserved his decision on the chal- Jenge to the juror. After recess Judge Westbrook rendered a decision holding that a juror who bad expressed or formed a decided opinion was not a proper juror, and therefore excused Mr. Kennedy, the first juror sworn on chal- lenge, In the case of Mr. John Taylor Johnston, the Court suspended judgment until Mr. Fiela had dis- . a Stewed the-question at issue. Mr. Field submitted that if Mr. Johnston has tried the case once, he was not as competent a second time. He would endeavor to do his duty impartially, valuing | dhe rights of personal property. “But the Court would not allow him to sit, nor would he (counsel) desire that he should sit upon the jury. He would not be taken as an arbitrator. Mr. Johneton had said that he had formed an opinion, but, nevertheless, thought he could give an impartial judgment. But the law pro- nounced otherwise, and until he (counsel) found some decision to the contrary he must content himself with that objection. Mr. Johnston also said that he had formed a bias against Mr, Tweed, and therefore could not serve, Mr. Carter replied that it must be shown what kind of an opinion Mr. Johnston had formed, absolute, definite and settied Instead of being hypothet | feal and indefinite, iu order to disqualify bim from serving on a jury. Mr. Pield contended that Mr. Johnston had formed a @ecided opinion, which would debar him from serving | asa juror inthis case, Opinions had been formed from the newspapers, and he did not believe that there Were a thousand men on Manhattan Island who, if aeked and told the truth, would not say they had formed a decided opinion in this case against the de- | ‘The newspapers daily contained comments | fondant. Bpon it, This was neither the Lime nor the place to speak in reference to the new-papers. He had some- thing to say about them, and he would say it at the proper timé. Thore was no men cared less for news- papers than he. ‘They had endeavored to intimi- date tho Court and counsel in regard to this cause, but he knew they would bave no fluence cither upon the counsel or upon Court. He believed the comments were so much thrown away and not worth the paper and ‘nk which dad been expended on them, As to the abuse that was heaped upon counsel he utterly despised it; it would have no effect upon them in any way—neither turning them to the right nor to the left. He believed it would not intimidate the jurors in court, but the opinion, nevertheless, of Mr. Johnston was fixed and decided Judge Westbrook raid he trusted that in the disposition of this cage they woul close their cars and eyes to all outside influence, He conceived that an opinion would disqualify a juror and that a bias would disqualify a jury. But the question which this proposition would involve was—first, as to what was an opinion? and secondly, what was a bias? The word opinion did not convey to the mind that which was the exact meaning of the word, He ught understand the word ss mean- ing a fixed conclusion which a party was in upon a iven condition of facts, and might be otherwise in- ferpreted. Now, Mr. Johnston eaid he had a decided pinion in regard to this case, and had he rosted there he would bo disqualiied. But he had explained what That was, He said it was only on impression he-had formed, but that he could enter the Jury box and render an impartial verdict. He, therefore, considered Mr. Johnston a competent juror. Mr. Jounston was accordingly accepted as the first juror. } 5 Mr. ©. A. Arnold was next examined, and in re- ponse to Mr, ield said he was an importer; he had heard of William M. Tweed and had read statements re- rding him and bad conversed about him. Witness had formed a decided opinion on the subject; he no Dias against Mr, Tweed, but be thought he should be prosecuted in order to carry out the ends of public Justice; he had heard of Tweed's escape, but did not | form any opinion from that tact, but be thought it was rather against him. (Laughter. } Ta response to Judge Westbrook, Mr. Arnold said that if be entered the jury box he would bo inclined to bepe that his impressions regarding Tweed would be governed by the evidence, Ir. Arnold was excused. ir. William P. Douglass was next cxamingd. had heard great deal about W. M, Tweed and bad also beard a great many imputations against his integrity. He | Mr. Freld—You have heard he was one of a gang of | robbers preying upon the public treasury? Mr, Douglass—{ have heard so. (Laughter.) Mr. Field—Have you formed a decided opinion from what you have heard and read? Mr. Douglass—i have formed a general opinion, butno Gefinite opinion, not hoving made any personal exami- nation; he did not form any opinion as to the escape of To Mr. Carter—I have no knowledge of a roe character as to any of the charges against Mr. Tweed Tbave ra) impression as to the frauds committed in cot tion with the building of tne new Court House, but I have Bo personal knowledge of them; [ do not know Mr. Tweed vor have I any persona! feelin; against bim; I have no desire in the matter excep! at justice should be done. To Judge Westbrook—I thiuk I could enter the jury pro- | be ap- | No imputation, however, upon | ord- | nD; he knew nothing definite , must be | in- | the | NEW YORK HERALD, THURSDAY, JANUARY 13, 1876—WITH SUPPLEMENT. Tweed. He wong Rot allow fete with his duty B84 juror, Mr, Davis was accepted aa the third juror, and the Gout adjourned vmfil half-past ten o'clock this mora- ng — A KNOTTY QUESTION OF LAW. James Kelly, an alleged confidence man, made ap- plication yesterday through Mr. William F. Kintzing, his counsel, to the General Term of the Sapreme Court, before Judges Davis, Brady and Daniels, for his dis- charge from the State Prison at Sing Sing, in which he is now confined, serving out a sentence of five years on @ conviction for larceny. The prisoner was tried before Recorder Hackett at the November Term of the Court of General Sessions for the crime of larceny by trick and device. Upon his trial it appeared that ‘William Rose, the complainant, being employed upon steamer running to Florida, met Kelly the day the steamer started; that Kelly professed to be a pessenger upon the steamor, and askéd Ross to assist him to bring some articles aboard the steamer; that Ross kindly consented to assist, and accompanied him off the steamer; that Kelly then showed Ross some pieces of what appeared to be gold coin and asked him to lend him $50, saying he would give bim as security the coin; that Kelly said be wanted to purchase a boitle of liquor tn a saloon in front of which they then stood, and that after obtaining the money he requested Ross to wait for him while he went in to make the purchase, promising to return in five minutes. Kelly entered the saloon and slipped out through the back door, making good his escape, leaving Ross to wait for him, holain; 4s security for his money what subsequently turne: out to be worthless and spurious coin, Upon the trial counsel contended the facts would not justify a convic- tion of the crime of larceny, but the Court thought otherwise. Upon the argument yesterday Mr. Kint- zing urged that larceny could not be predicated upon | the facts because the complainant parted not only with | possession of the money voluntarily, but also with his property in it; that he parted with his money in order | that Ross might make a purchase of some liquor; that | in so doing he lost ali control, power and possession, | and that the prisoner was intrusted with the possession of the money, and was not expected to return the iden- tical bills, He further argued and cited numerous authoritios in support of the view that it is not larceny ifthe owner of personal proporty intends to part wit | his property and delivers possession absolutely, al- | thongh he has been induced to part with it by fraudu- | lent means, and that, as the property was not taken | against his will or without his consent, there was no trespass, and consequently no larceny. District Attorney Phelps contended, {n opposition, that the evidence abundantly sbowed that the prisoner intended at the procured | the money from Ross to convert it to his | own use; that he procured it by fraud and trick; that | Ross was induced to part with his money only upon the belief that he then and there reccived an abundant wjuivalent for the same tn the shape of gold coin; that the pieces were, in fact, worthless; that the mind of | the parties never met in any contract in pursuance of | Which Ross intentionally parted with his property in the money, and that the taking of the money under | the circumstances by the prisoner animo furandi was | constructively a trespass, and the offence, therefore, | sete | Mr. Kintzing, in replying to the District Attornoy, | contended that if the accused was guilty of any offence it was that of false pretences, and that he parted with his property upon the strength of certain coin which | at the time he believed to be genuine, but which sub- sequently turned out to be spurious. The Court, after hearing the argument of counsel, took the papers and reserved its decision, ARGUMENTS ON APPEAL It was a general fleld day yesterday in the Supreme | Court, General Term, for criminal cases, In addition | to the argument on appeal in tho case of James Kelly, reported above, that of John Dolan, convicted of the | murder of James H. Noe, was called up for argument Mr, William F. Howe, the prisoner’s counsel, asked a | postponement till next Wednesday, on the ground that the bill of exceptions was not yet completed. This ro- quest was granted. After this there were argued | four cases of Mr. Howe carried on appeal tothe Court. | The first casewas that of George rimmens, con- | victed of threatening to accuse of crime with intent to | extort money and sentenced to the Penitentiary for | one year. The second was that of Bahr Jacrowysky, | sentenced for one year und to pay a fine of $100 on a ze of keeping a disorderly house. The third that ntcnced tO the State Prison for ten | years under conviction for. felonious assault with j intent to kill. The fourth that of James Carpenter, d of burglary in the third degree and sent to Prison for five years. All these cases came | up on certiorari and opposing argnments were made by | District Attorney Phelps. Several civil cases were also | time he | argued during the day, including one in which Mr. John D. Townsend appeared as counsel, entitled Keath vs. Mabony. The defendant, who was a minor, en- | gaged the plaintiffas a broker to do somo operating in | | stocks for him. He gave two $1,000 United States bonds belonging to his mother as margin, which were | Subsequently recovered by the mether, The present | effort was in the suit against the sow to recover $1,500 losses in stock operations on bis account. Another | civfl case of some importa ergued was the suit brought by John B. Dolan agaifiet fhe city. Dolan was appointed Clerk of the Grand Juries July, 1870, at $8,000 a year, In April, 1871, the Board of Apportlon- | ment reduced his salary to $1,500 He sued for the balance and the complaint was dismissed by Judge Lawrence on i ee thatthe action of the Board | was conclusive. The main question raised was whether the relator was a city officer within the meaning of the act empowering the Board to cut down salaries, De- | ciwion was reserved in all the cases. , THIRTEEN MEN TO GIVE A VER- | DICT. The charge made against ex-Judge Freedman, of the Superior Court, of reiusal to permit a verdict to be entered, was the subject gf a lengthy argument yester- | day in the Superior Court, Genera! Term, Frances B, Hegeman brought suit against Mary A. Cantrell to fore- close @ mortgage purporting on its face to be for | $12,500. The defence interposed was that the defen- dant bad received but $11,150, and that the difference had been exacted as excess of interest. Keigned is- sues to be tried by a jury were awarded. The cause was tried betore Judge Freedman and a jury and Jasted | three days. On the issue as to what amount had boen | advanced on the mortgage the jury returned $11,150, The Judge refused to accept the Verdict, seemed’ an- noyed, and told fhe jury that it took thirteen men to find a verdict and ordered them back, after rebuking them. They returned with a verdict for the full amount, The affidavits of the twelve jurors were read, forth that the first verdict was their unanimous jentious verdict, and in changing they be- Heved they had no other alternative. Mr. Honry H. Morange, counsel for appellant, contended that, as the Court had power over its records, the only question was whether this was a case calling for its exercise; that the affidavits of the jurors could be received, as it was not an attempt to reverse their action {fp the. jury, | Feom, | bub. fo cetaplteh i, That ajudge has no t to threaten or intimidate a jury in order to affect their deliberation; that a verdict thus obtained sh the parties; that it is not what the law contempiates— the free and independent judgment of twelve indiffer- ent men, acting without restraint gard to the obligations they had taken upon themselves Vo render a true verdict, and that it was the duty of the Court to make its records truthful. He urge most earnestly upon the Court a reversal of the act of Jadge Freedman, quoting many authorities to support his pots. Mr. A. H. Wagner, forrespondent, argued that the motion could not be made after judgment; that she practice should have been to make a caso on appeal and thus present the question; that the Judge said that took thirteen concurring minds, not | men, to Gnd a verdict, and that the verdict as’ ren- dered lastly was according lo the facts, otherwise the | Judge would not have so ordered. The Court took the papers and reserved its decision, DECISIONS, SUPREME COURT—CHAMBERS. By Judge Barrett. Crouch va, Goldsmith. —Motion granted; $10 costs. The People, &c., ve. Tweed. —There is no substantial Aitterence between the orders proposed except as to the persons to be appointed as elisors. The previous panel was quashed becanse of a mistake upon the part of the gentiomen originally selected, No imputation, bowever, upon their good faith has been intimated, and there is force in the suggestion tbat the consequence of thgir overs ght will probably induce them to be additionally careful. Under the circumstances they ought to be ro- | appointea SUPREME COURT—SPECIAL TERM. By Judge Donohue. ood vs, Smith —Extra allowance of $1,000 anted | Wakeman vs | Calendar. | Eno vs. The Mayor, &c.—Judgment for defendant on demurrer. Opinion. Androws, &c., et al, va, Burling et al—Decree and findings signed, . SUPERIOR COURT—SPECIAL TERM, By Judge Sandford. Sanford ve, Phillips et al.—Judgment of foreclosure and sale, Inves vs. Rowe et al —Motion for reference granted. COMMON PLEAS—SPECIAL TERM, By Judge Joseph F. Daly. wox and render an impartial verdict, » Mr. Fighd—How much evidence would it require to remove the impressions you Lave formed ia reference | vo Mr, Tweed? j Mr. Douglass—i do not know how to measure the | ae. (Laughter. ) , Field—Would it take a pretty considerable quan tit remove your impressions? ir. Dougiass—lt would require a certain amount of evidence. J ‘Westbrook—Would you, If selected asa juror, your feelings in the matter? Mr. would endeavor to banish from my mind ali ings and impressions and find a verdict T would be able to do so. jeld-—Now, would you like to have a joror in a of ae to FN g to the evidence adduced on the trial, | own entertain the same, feelings toward | entertain toward Mr. Tweed? I would prefer » Juror who was amic- [Langhter). was accepted as the second j Atkineon vs. Great Western Insurance Company.— Motion denied, without costs, Atkinson ve. Great Western Insurance Company,— Motion for commission and stay granted. Platt vs. Platt; Boyd vs. Boyd. —Divorees granted, Getting vs. Richhardt, —Memorandum, SUMMARY OF LAW CASES. A formal order was entered yesterday by Judge San- ford of the Superior Court, in the suit brought by Origen Vanderburg to foreclose a mortgage against the New York City Underground Railroad Company. The order was in accordapce with the decision already pub- | lished, The jury were unable to agree in the sult brought by | Eliza Bender for damages resulting from a gas explo- dadge Van Hoesen, of the Court of Common before whom the case was tried, dincbarged the though expressing his regret at their failure to especially ae Unis was (he second trial of the | ston, Pleas ju agree, Kd not be conclusive upon | dd with a sole ro- | Doepp.—This case is properly on | t, first mate of the steamer Colon, against Rufus &n officer of the Pacific Mail Steamship Com- pany. He held that the alleged slanderous 61 ment was a privileged ome, the defendant being an officer of the company. In the trial before Judge Van Vorst, holding Su- preme Court, Circuit, of the suit brought by Charles A. Higham against the New York and Harlem Railroad Company and various contractors for $10,000 em for alleged injuries to his business through dirt and stone piled in front of his grocery store in consequence of the Fourth avenue improvement, & verdict was ren- dered yesterday for $250 for the plaintiff, It was Stated that the verdict was not satisfactory and that an appeal would be tak ° Mr. Algernon §, Sullivan, public administrator, ad- ministered upon the goods of Jose Maria Herera, who had seven heirs. Mr. Sullivan had filed his account with the Surrogate, who directed payment of certain sums to the heirs. It was claimed by Mr, Sullivan that payments thus ordered to be made, being interest money, belongs to the city. Upon his asking Judge Barrett to decide the case the Matter issued ap order directing the heirs to appear within twenty days and Contest the claim. In the case of Charles W. Lawrence, indicted for forgery and fraud on the Custom House, application was made yesterday in the United States Circuit Court bis impressions to inter- frye the complaint in the slander suit of William C. | 208, 229, for further delay of proceedings, that the prisoner might have sufficient time to prepare his answer to the indictment. The request was granted, and the Court adjourned until this morning. COURT OF GENERAL SESSIONS. Before Judge Gildersleeve, LAYING IN HIS SILVER. A lad of eighteen, namod Theodore Kelley, who gav® ‘his occupation as eigar maker and his residence as No, 845 Kast Seventeenth street, was arrested about eleven o'clock in the forenoon of November 29, in the house of Sydney Dillon, No. 6 West Thirty-seventh streot, by an officer of the mounted squad, at the request of Mrs, Dillon, When taken into custody he had conceaied on his porson twenty-one silver forks, eleven spoons, a fish knife and ice cream knife and a ple knife of the same material, the property of Mr, Dillon and worth in all some $234, ‘Wnen arraigned yestorday the prisoner admitted his guiit and was condemned to Imprisonment in the State Prison for five years. DRIVEN BY DESTITUTION TO CRIME, Jobn Rutledge, of No, 151 Franklin street, called upon Mr. Peter Waleh, of the firm of Walsb Brothers, stovedores, at No. 833 West street, and stated that his name was Patrick Dolan, and that the firm owed him $9 wages for three days’ work performed in October | last. Mr, Walsh knew that such a debt was owed by his firm and handed over the money. The fraud was discovered goon after, when the real Dolan made his | appearance. He stated that he had, in the course of a conversation with Rutledge, informed the latter of the debt due him from the arrested, and on being arraigned yesterday told a piti- | ful story to the effect that he had, at the time of the | theft, been out of employment for a long time, that his family were suffering and that he had been driven to the crime by despair. The story bore the stamp of truth, and the Court inflicted the comparatively light penalty of six months in the Penitentiary. MAKING A MISCELLANEOUS HAUL. Gustav Hirschkorn, a German, aged twenty-five, who stated that he was @ bookkeeper and had no home, entered the house No. 45 West Forty-second street on the 9th of December last and carried off some $56 worth of jewelry and clothing, the property of August Brandt, together with $60 in money and $24 worth of clothing belonging to Albert Gerslader. ‘The thief! was captured and pleaded guilty yesterday toan indict- ment obtained by Mr. Gerslauer. He was sent to State Prison for four years. A BRASSY PIECE OF BUSINESS. Mr. Peter P. Keller, a manufacturer of brass fittings | at No, 142 Cerftre street, appeared as complainant i against John Darcey, a junk dealer of No. 165 Worth | | street, whom he charged with receiving brass castings | stolen from his factory by aladin his employ named James Brennan. ‘The lad was placed on the stand and | testified that he had stolen about ten pounds of metal | from his employer every day for three months previous to his arrest and that he had disposed of ali the prop. | erty toDarcey for ten cents per pound. The accused | denied all knowledge of the boy and the castings, but admitted that Mr. Keller bad called at -his shop and | have been stolen by Brennan trom him, and which he thereupon carried off. The jury found the prisoner guilty, and on the request of his counsel he was re- manded till Friday for sentence, SENT UP THE RIVER. Joseph A. Johnson, colored, admitted that he stole | | $20 worth of clothing from Delia Stockings, No. 117 South Fifth avenue, and was sent to State Prison for four years. John Lynch, who attempted burglary upon the prem- ises of Fanny Davis, No. 1,594 Third avenue, was sent to State Prison for two and a half years, WASHINGTON PLACE POLICE COURT. Before Judge Bixby. Cd ALLEGED FORGERY. A few days ago a boy called at Mr. Abraham Lowen- heim’s store, No. 262 Hudson street, and presented a — letter dated at the St. Nicholas Hotel, and requested | that an inclosed check, No, 113, on the Importers and | Traders’ National Bank for $7 be cashed. Both the | check and detter were signed ‘‘H. Morrison.” Mr, Lowenheim knew that H. Morrigon was his lawyer, but | | aid net think that he would send such a note. He | | therefore pretended to put some money in a cnvelope, | but in reality only enclosed a piece of blotting paper. { | He gave the envelope to the boy and then followed | him. The boy gave the letter to a man at the corner of | Spring street and Broadway, who eagerly opened the | samo, At this moment.Mr. Lowenheim selzed him and ) held him until an officer e up. In court yesterday Mr. H. Morrison, of No, 38 West Twenty-cighth street, swore he did not sign the check or the letter, and the risoner, who gave his vameas Robert Carroll, was | held for further examination and evidence. | DISORDERLY HOUSES. | Minnie McDougal, of No, 69 West Third street, was | held in $500 for keeping a disorderly house. | The raid on the street walkers in the Fifteenth pre- cinct was continued on Tuesday night, and Officer Lef- ferts brought fifteen of them into ‘court yesterday. They were all charged with disorderly conduct and | | fined $10 each. THE PRINTRY STABBING AFPRAY.* Judge Kilbreth yesterday held an examination in the | case of Frances Printry, of Thirty-second street and | | Ninth avenue, who was charged with stabbing in the | eye Jacob Vix, of No, 242 West Twenty-soventh street, on January & William Cafferty, of No. 173 Sixth ave. | nue, said he witnessed the assault and therefore was made the complainant, Vix being still unable to appear, | Printry was held in $1,000 to answer, ESSEX MARKET POLICE COURT. Before Judge Otterbourg. | ADULTERATED MILE. | ‘The following men were held in $300 each to answer | for selling adulterated milk:—Peter H. Algers, No. 19 | | Forsyth street; Daniel Gehn, No. 29 Norfolk street; Peter Roeder, No, 42 Forsyth street; Henry Seibern, | No, $3 Norfolk street; Jobn Pehn, No. 87 Allen streot; John Jaeger, $1 Norfolk street; Gustave Burger, No. 48 Eldridge street; John Rach, No. 9 Orchar: sireot; Jon H. Kiatcher, No. 76 Orcbard street, and | Jacob’ Schneider, No. 186 Orchard street. The com- plainant is Officer Gardner, of the Sanitary Squad, who made the arrests, BURGLARY IN BROOME STREET. John Blansfield, of No. 181 Ludlow street, was held to bail in $2,600 for burglariously entering the apart. ments of Jennie Collins, No. 317 Broome street, end stealing therefrom $25 worth of jewelry, consisting of a pair of earrings and a@ breastpin. Some neighbors in the house witnessed the burgiary and caused the | prisoner's arrest. FIFTY-SEVENTH STREET COURT, Before Judge Duffy, A SPARTAN FATHER. Owen Pendergast, of No, 223 East Twenty.second | street, caused the arrest of his two sons, Joseph and | William, aged respectively eighteon and sixteen years. The charge was disobedience to parental command, | | | | | | | | | Josoph was an old offender, he having spent aterm m | the schoo! ship, but had been recently employed in | | Pores bakery on Brondway, near Twentieth street, Ho was discharged from there for bad conduct, he being suspected of having stolen $40 from his employer. In | court the father obtained a confession from Joseph, who admitted the theft of the $40, which be had con: | cealed, he said, under the bureau in the parlor, The father wished to have both boys punished, but William was discharged, while Joseph was sent to the care of the Commissioners of Charities. POLICE COURT NOTES. John McManus, a boy, went into the ofice of Adison Diorssy, No, 150 Broadway, yosterday, under pre- tence that he wanted to look at a directory, but he stole an overcoat instead. Justice Flammer held him in defwult of bail to answer. John Mayer, of No. 87 Jay street, was also held to answer on a charge of criminally assaulting Christina Wiison, of No. 82 Laight street, Honry Goldstein, ‘who was charged a few days ago before Justice Flammer with stealing $2,000 worth of | goods from his employer, Meyer Harris, of No. 104 | Chareh street, was yesterday discharged on motion of his counsel, who showed that no larceny was com- mitted and that Goldstein was.a partoer of Harris. COURT CALENDARS—THIS DAY, Scrxeme Covnt—Coamnens—Held by Judge Bar- tt.—Nos, 100, 130, 163, 200, 208, 4 9 | yale Toe : yl 200, 208, 212, 271, 281, 204, COURT—GENERAL Teru—Held by Judges | | | | | | | | 8c ' Cpoaebe Mahara thf Fir BE Company, in payment of a subscription to the | The United States —The motion to advance the cause | found a dozen pounds of brass, which he claimed to | 1 | captain, first, in Jeaving port with the vessel insufli- | the sé 29, 172," 121, 2s) 156, 186, 192, 193, 1 . 200, 108, 117, 120, Mu Se ase Davis, banker, was examined ina similar. a : Covnt—Srrcian Terw—Held by Judge ‘of the Lamy sald he bad | nse. Donohue,—Demurrere—Nos. 11, 8, 22. Law and fact— but had ne preivdice against | Judge Lawrence yesterday granted the motion (| Now 257, 46 171, 379 107, 200, 202, 203, it cooceeeeeneenntinanmienmennssenmmmpnennmndnettiad = 945, 241, 248, 340, BOABD OF EDUCATION. LOST IN A GALI” 261, 262, 5 $2 23, Bb Se Bo i as tor a 288, 287, sone ‘anal DESTRUCTION 296, agg Ka) , 308, iL, EYFECTED-~ADDRESS OF PREEI- OF THE SCHOONER FOSSETT OFF vena Oe air ene | DENT WoQD. PARBUDA ISLAND, WEST INDIES. 2043, (1989, axah 2i, 16334, 73, 1163, | The frst regular meeting of,the Commissioners of | On the 28th of November last the schooner Cyrug Jpate wisteesokel Ss, fi. ee, Pi art 4 Hela z Common Schools for 1876 was held yesterday. Among | Fossett was wrecked off Barbuda Island, West Indies, Judge Lawrence,—New Nos. 674%. 2077, 278, j thoso present was Mr, Stephen 4 Walker, the new and the vessel and most of the cargo wero lost 779, 2824, 120, 1816, | Commissioner appointed by Mayor Wickham, vice Wil- | Charles M. Pierce, the captain of the vessel, his wil i016. 2248, 2215) Tas is ols, 625, 2014, 2274, 235! , 2248, 2215, Strenion Covrt— Tenu—Part i Hela by Chi Justice Monell _—Nog. 751, 781, 1811, 1675, 1743, $79, peg tht 709, 509, 835, 407, 805, 71 61, Part 2—Hels by Judge Speir,—Caso on, ‘No, 924." No day calendar. Surgnion Covrr—BrxciaL Tsru—Held by Judge Sandford. —Nos. 8, 4, 5, 14. Cowmon PLeAS—TRIAL Term—Part 1—Held by Judge Van Hoesen.—Nos. 696, 1999, 1002, 1160, 72834, 601, 2122, 88144, 578, 890, 891, BF 0s 1181, 1468. 1093. Part 2—Held by Judge Van Brunt.—Nos. 1309, Lite, 18771978 1970, 1860, 1091! 1083; 1968, 1984, 1988 105544, 1386, 1887, a pee “a i omMON PLeAb—Equity Term—Held by Juc joBe| F, Daly.—Nos 6, 16. te vi Common PLRAs—GevenaL Teru—Held by Chief Jus- tice Daly and Judges Robinson and Larremore —Nos. 52, 46, 54, 58, 78, 44, 174, 187, 3, 6, 19, 21, 25, 48, 49, Manwe CourT—Tnuar, Term—Part'1—Held by Chief Justice Shea,—Nos. 2147, 5970, 6220, 8773, 3774, 8728, 3906, 3777, 877! rong Raabe 5023, 5924, 3819, $536, Part 2—Held b icAdam,—Nos, 6160, 3622, 5806, 6297, 6368, 638: vin 4660, 3718, 8739, 1081, 6345, 5700) ig 192, 8120, 4146, 06 1 odd, 425, 0202, 6102, }, 6905, 5882 5684, 5467, 6222) 0223" CouRT OF UENBRAL Sessions—Held by Judge Gilder. sloeve.—The People vs, James Burns, Thomas Greaves aud Henry Payne, robbery; Same vs, Timothy O’Con- ner, James Henshens and William Moran, robbery; Same vs. Frederick Grau, Jobn Rilert and John Rimer, rape; Same ys. Frederick Bernard, felonious assault and battery; Same vs, Charles Gilmore, burglary ; Same vs. Elias McKnight, burglary; Same vs. James Sullivan and Alfred Englis| burglary ; Same vs. burglary; Same vs. John Keefe, George Simonson and Alfred Black, burglary; Same vs. Mary Mead, grand larceny; Same vs. James Anderson, grand larceny; Same vs. Richard Scott, grand larceny; Same vs. Frank Sauter, grand Jarceny; Same vs, Frank Deane, grand larceny; Samo vs. John Hapraban and John Sullivan, grand larceny. UNITED STATES SUPREME COURT. Wasuixorox, Jan. 12, 1876, In the United States Supreme Court the following cases were argued yesterday :— No. 825, Town of Coloma, Ill, vs, Eaves—Error to the Circuit Court for the Northern district of Iinois. — This is another of the municipal bond cases, which was submitted under the rule of the Court on the briefs. The suit was brought by Eaves, to recover of the town upon bonds issued by the Chicago and Rock River Rail- stock of the company. Recovery is resisted, mainiy on account of an alleged want of authority to issue the vonds, for the reason that there was no vote on the uestion as provided by law. The Court below ruled that Eaves was the legal holder for value, without no- tice of any want of authority, and directed a verdict for the piainuf. It ts here argued that where there is no | authority to act without the occurrence of conditions, | and the non-concurrence of those conditions is a matter | of public record, of which the public are supposed to | take notice, then'the recitals in the bonds issued that | those conditions did occur, are not binding on the cor- oration. C. M. Osborn fer plaintiff in error, James rant for defondant, No, 908, Brackett & Waite vs. Hills—Appeal from the Circuit Court of lowa.—This was a proceeding to foreclose a mortgage given by Hills and wife to secure anote for $2,000, made by Hills in payment of a sub- scription to the stock of the Great Western Insurance Company of Chicago. The defefhce was fraud in the procurement of the subscription to the stock in the representations made, and that the plaintiff! camo into possession of the note by fraud. The case is one of several heretofore reported and was submitted on | the printed briefs Trimble & Carruthers and M. H. Jones for appellants; Hobart & Clark for appellees, | On motion of Mr. F. 7. Frelinghuysen, Mr, Jehiel | G. Shipman, of Belvidere, N. J., was admitted to prac- tice as an attorney and counsellor of this court. No. 866, Edwin M. Lewis, trustee, &c., appellant, vs. was submitted by Mr, Assistant Attorney General | Smith, of counsel for appellees. « No. 677, The Good Intent Towboat Company, appel- | a TheSteamer Juniata, &c,—On motion of Jamos McConnell dismissed, with costs. No. 552. (Antigned)—The Chicago, Burlington and | Quincy Railroad Company appellants, vs. M. B. Cutts, Attorney General et al.—The argument of this cause | was continued by Mr. M. E. Cutts, of counsel for ap- pellees, and by Mr. O. H, Browning for the de- fenaapts. Adjourned until to-morrow? SEAMEN’S RIGHTS. The following decision was rendered yesterday by the United States #hipping Commissioner:— Ralston k, John A. Brush, John Owen: 5 Johansen and Frederick 6 seamen, vs. Captain Benjamin Thompson and t Great Admiral—The seamen complain of short allow- ance of food and demand compensation provided by law, It ts provided by law that every seaman «hall receive while at sea certain specified rations, a schedule of which must be incorporated into the agreemeat or | “articies,”’ and a copy of this must be “posted up in | such part of the ship as to be accessible to the crow.” | It is providea among othor things that each of the crew | shall receive one pound of bread per day, six | | pounds of beef, three and three-quarters pounds of pork and one and one half pounds of flour per weel so that lime juice, at the rate of half an ounce pe ¥ aoe vinegar at the rate of half a © tad per week, li be served to each of the crew on long Voyages, Within ten days after commencing the use of sait provisions. Compensation to seamen for short allowance of food is also provided for by law, and varies from fifty cents to $1 per day for each article short supplicd, It is roven and admitted by the captain that for eighty-six Fs of the voyage the crew had but half aliowance of | bread, and for twelve days more the bread that was furnished was bad, unfit to eat, and that neither lime juice nor vinegar was served during the voyage. The quantity of beef and pork served out during ninety- five days seems to have been in the aggregate | considerably less than the lawful allowance, | The quantity of flour served in the aggregate during eighty-three days was a little more than the Jegal allowance, but more than the difference seems to have been absorbed by the captain and officers to whom | that article was served every day without allowance. | Instead of potatoes, yams were supplied to the crow © Pan be large part of the voyage, but there is no doubt that the men suffered hunger, lacking bread and very | often. meat. Such suffering was not the result of a long voyage, nor of the perils of the sea, for the homeward seems to have been unusually short and favorable, but by the very culpable action of the ciently provisioned, and afterward in neglecting to cath liars Suh ports directly in his route. Each of en complaining must receive $75 in addition | to bis wages. JUDICIAL PATRONAGE. Justice Timothy J. Campbell, of the Fifth District Court, yesterday distributed his judicial patronage as | foliows:—For Chief Clerk, William Cook; Deputy Clerk, Barney Ryan; Officers, William Long, of Seventh ward, and Charles Gallagher, of Thirteonth ward; Jani- tor, William Clancy, and Interpreter, William Long, of | Thirteenth ward, THE SCANDAL. Mr. T. G. Shearman, counsel for Mr. Beecher, stated 10 a HERALD reporter yesterday afternoon that “the prospects of our mutual council are somewhat in the clouds, Our list of churches is, however, ete, and we await pleasure of the othr 0, have had a conversation with Counsellor Van Cott to- day, but he 1s not ready with his list He has his | mind occupied with family affairs, as he has a da ter, | am sorry to say, seriously il! at Oswogo.”” The reporter then’ paid a Visit to Counsellor*¥an Cott, at No 54 William street, but that gentleman enid he had absolutely no information to give the pross on the subject of the mutual council, and could not ai when his list would be ready. ANOTHER SUIT IN PROSPECT. It was reported in Brooklyn yesterday that Joseph Loader, against whom an indictment was found for per- jury, founded on his affidavit, asserting that he had witnessed cortain familiarities between Mr. Beecher and Mrs. Tilton, is about to bring Suit against the Ply- thouth pastor for malicious prosecution. No papers in | the avo as yet been drawn, though Loader’s | counse) Baid th jon was in contemplation. SEARCH FOR A HORSE THIEF, Mr. John Graham, @ farmer and horse dealer, of Sullivan county, in this State, took into his employ a | man of the name of West Silver, whom he authorized | to sell horses, and Silver regularly accounted for the of thesnme. A few days since Silver was sent toNew York to dispose of a large number of horses. The animals were sold at ridiculously low rices, and Silver absconded with the money realized, Three ‘of the stolen horses have been recovered, one ‘of them from a man named Bleum, at Union Hill, N, J., who said be had purehased it from a pedier named Denning. Mr. Graham is now prosecuting his search in thie city. THE “PILOTAGE QUESTION, Bnooxtys, Jan, 12, 1876. To mis Epiror or mie Heraro:— Noticing a letter in to-day’s issue of your paper signed R. Parker, of Now Haven, in relation to pilot | age, 1 thought a few words would not bo out of place in answer to the same. Is R. Parker the man who | lately lost two vessols, one on the Romer Shoals, im the harbor of ew York, in broad daylight, | without a branch pilot or tug, and if so, is he a erite- rion for other captains and owners to imitate? If there is any portion of our law exompting Suffolk county ‘vessels or be {tend to them the same advantages given to the young | The citizens of Harlem petitioned for the use of the | following amounts:—Employéa of the Bureau of Sewers, I | visited the Mayor's office yesterday, when the aapeal | Charles J, Nebrbas, secretary to the Taxpayers’ Associ- ior | am H. Neilson, resigned. Commissioner Will!am Wood | and tho crew were all saved, They arrived in this poré was elected President for the ensuing year; but po | on Tuesday im the steamer Henry Chauncey, of the further business of public tnterest was tranasacted, Pacific Mail lime, A Heratp reporter called on the In taking bis official position as President Mr. Wood | captain yesterday, at the agents’ office, No, 120 Front briefly reviewed his hisiory as a Commissioner of Com- mon Schools, and then called attention to the condition of the school system under the control of the Board. iso9, 191734, | He said that of the entire attendance of children in all | burden, left New York of the schools two-thirds were in the primary schools. In Decemder, 1874, the primary school children num- bered 95,897; in thé corresponding month in 1875 they numbered 98,351—an imerease in one year of 2,454. Deeply interested in the educational system of the city, he had visited the schools frequently, and from his observations believed that there were blots on the system which should be removed promptly. In'the first place the law permits children too young in years to enterthe primary schools. Children four years old he considered too young. The Legislature never in- tended to make the primary schools public nurseries, and the age for entrance should not be less than six years. Further, the salaries of the teachers in those schools are lower than in the grammar schools, and the number of teachers fewer in proportion to the number of pupils, The primary schools are located in inferior buildings in many wards, are poorly ventilated, notsuffl- ctently lighted, and the teachers.are overworked, These evils are the result of class legislation and should be rem- edied. One-half of the primary sehool children never enter the pens schools, but are forced by the pecuniary circumstances of their parents to enter the battle for bread with an Insufficient education. The first duty of the Board of Commissioners should be to thoroughly overhaul the entire primary school system, The buildings should be improved in light and Ventila- tion, for the taxpayers would never find fault with the cost of improvements made for the benefit of the health and future prospority of their children. Competent teachers should be retained in those schools by the payment of salaries equal to those paid to competent teachers in the grammar schools; the teachers.should not be promoted to the grammar schools in order to obtain higher wages, The studies in both primary and mar schools should be immediately revised and all extra- neous studies dropped. In particular the Commissi ers ehould see to it that tho children in the primaries received a fro education in the English language, writing and arithmetic. Speaking-of the grammar schools, he said that their management received his | hearty admiration, but the studies should be simpiified and reduced. Lest time shoull be given to the poll- | parrot style of teaching, grammar, and more time to | the cultivation of a taste for literature. The French | and German languages, undoubtedly beneficial to some extent in the study of English, showid be Jimited to | the three higher classes, and then, if it was found to | interfere with the proper study of the English branch, | they should be stil! 1urther restricted. Nothing should | interfere with the study of the English language in the public schools. | ‘The Normal College was then referred to in words of | warmest praise. Alter alluding to the chair of French | added during the last year Mr, Wood said that jt will | be only fair to the young ladies in that college to ex- men in the College of the City of New York, by making the course extend to four years instead of three, as ab present. Another injustice was the fuct that seventy of the teachers in New York had entered the Normal College but bad never graduated, a manifest wrong to | those who have passed the sovere examination required ; at that Institution; and the sooner a bylaw is passed to prevent this the better. The diplomas of both colleges should carry with them the right to teach in any school in New York without submitting the graduate to any farther examination. He asked the Board to devise some plan by which music can be thoroughly taught in the schools, for itis not now. Although the annual expense for it is $21,000 Boston is far ahead of | New York in {ts system. “rhe evening High School | should be immediately relieved of all outside interfer- ence in regard to examinations. In closing his re- marks the President cautioned th: Board not to lose sight of their Bie and sacred duty to the children of the public schools. The regular business of the Board was then resumed. school house in 125th street, and its books, lights, fire, &c., for an eyening school for the 400 colored people in that section, Referred to the Committee on Col- ored Schools. Mr. W. J. Kennard was appointed principal of ward | schoo! No, 63. The Board then adjourned uutil next | Wednesday. THE COMMISSIONERSHIP OF PUBLIC WORKS. ‘The Beard of Aldermen meet to-day, when the report of their committee on the nomination of General Figz Jobn Porter will be received. It was generally-con- ceded around the City Hall yesterday that General Por- ter had no chance of confirmation. It was also given out by the Committee on Rumors that Mr. John Kelly baa instructed the Tammany members of the Board to vote in favor of Mayor Wickham’s nominee, but they { had rebelled. Unless some additional powerful influ. ence is brought to bear upon the Aldermen by two o'clock to-day Commissioner Porter is certain to be re- jected. Among other names now mentioned for the place are Mr. Allan Campbell and Mr. E. L. Lawrence, General Porter says that he will not withdraw, and contradicts all assertions in that direction, A numer- ously signed petition, advocating his confirmation, has been transmitted to the Board of Aldermen. This petition received the signatures of some of our Most prominent citizens, among them Messrs. Angust Belmont, William Orton, Moses Taylor, Royal Phelps, George Law, Cyras Curtis, George T. Hope, 8. L. M. Barlow, ©. K. Garrison, Sidney Web- ster and several others. THE COMPTROLLER'S DEPARTMENT, City Paymasters Guion and Clark yesterday paid the | | i | __ } $6,000; tax office, $10,000; boulovard, $5,000, and mis- | cellaneous works, $10,000. They state that before the census enumerators can be paid the Board of Alder- men must act upon their claims, MUNICIPAL NOTES. Aregular meeting of the Dock Commissioners was held at their office in Duane street yesterday, Mr. Salem H. Wales in the chair. Tho Pennsylvania Railroad Company requested a re-lease of Pier 18 North River, upon which structure they propose to expend some $200,000 in making neceseary improvements. A peti- tion of the Columbia Yacht Club was received askin; for permission to remove their boat house from We Fifty-soventh strect to the foot of Eighty-sixth street, | which was laid over. City Marshal Duggin, against whom charges had been preferred by Mr, Charles White, was yesterday directed to return one-half ofthe property seized by him under an execution for $44. James Wehle, of No. 234 Broadway, was yestorda: fined $50 by the Mayor's Marshal for keeping an inte! ligence office without paying the necessary license. Colonel Burton N. Harrison, secretary to Mayor Wickham, has been placed upon the Committeo on Or- ganization of Tammany Hall from the Sixteenth dis- wict. “Straws show which way the wind blows.” An elegantly attired bride, young and beantiful, es- corted by ® gayly caparisoned groom and wil knot was gracefully tied a wish that ther names cation. Commissioner Porter has written a letter to Mr, mA the Mayor. They expressed ould not be givén for publi- ation, in answer to acompiaintas to low pressure of water in the Seventh wai He says the matter may be partially remedied by continuing the large main on the east side, now laid to Seventy ninth street and First avenue, down to the lower part of the city, GOY. TILDEN AND SHERIFF CONNER, It was ramored yesterday in political circles that Governor Tilden intends to remove Sheriff William ©, Conner in a day or two. Tho reasons assigned for this summary action of the Executive are that the Sheriff had failed, through his subordinates, to bold William M. Tweed, for whose safe custody and delivery he was re- sponsible, and to find him afer a reasonable time for his recaptare had elapsed. As, in the Governor's opin- jon, negligence, if nothing worse, was manifested in the Shrievalty in this instance, prompt significance of his displeasure was necessary. And pow the poli. | ticians are speculating on Mr. Conner's probable suc- cessor. A great many names have been whispered about; but it is thought Colonel Joo) W, Stevens stands | the best chance of being the next Sheriff gf the city and | county of New York. COUNTERFEIT FIVE CENT PIECES. It might be well if some of our government detectives would give their attention to the extensive business counterfeit five cent picces in this city, Reeently some convicts in Westorn penitentiary were de- tected at it, They contrived to get possession of moulds and were casting the spurious coins out of gal vanized metal stolen from one of the prison work- shops, There is no doubt that our city is being seem’ with five cent coins manufactured on the spok It is said that a large quantity are mate op board canal boats lying at our wharves. They Veiga il considered as safe for this business ost were some time back for the distillation of fi A eet of dies can Le purchased for es punches can be bought avany machine sh The rest of the machinery is very simple. The of oir. cnlation is also an easy matter, and might be looked for among our city car conductors, 1¢ 1s certain thata great many of these bogus coins given out on the cars, and Sometimes as many 6® and more re- turned at once in change, if | Saved from the wreck, where they were disposed now in progress in the manufacture and cireulation of | Hi street, and Captain Pierce detailed the circumstances of the voyage and shipwreck. Ho said:—On the 17th of November the schooner Cyrus Fossett, 141.95 tons for Port de France, Island of Martinique, with @ general cargo of pro- visions and lumber. The people on board were himself, wife, Mr, Anderson, the mate, the steward and four before the mast, They encountered rough weather and strong gales till tho night of the 27th, when the wind fell off toa dead calm. It was about nine o'clock and they were off the Island of Barbuda. At four o'clock on the morning of the 28th they sighted breakers and a light air sprung up from the eastward, They tacked ship to the northward, but could not work off shore, Anchors were dropped, but the cables parted and the schooner went stern on to the reef. One ‘hour and a halfafter she struck she was full of water, and the crew prepared th leave ber in the boat, which was almost immediately swamped in the break- ers. The reef was two miles and a half off shore. After losing the boat three rafts from a deck load of timbe were constructed, and cy lashed to them. Atetghto’clock, after despairin; some time of a rescue, a bumper of boats put out from the beach. There were about oer of them, and they had been hauled across the {sland by teams a distance of ten miles, They came out and anchored just inside the reef and about two hundred yards from the vessel's: stern, At first they could not get through the breal ers, A Manila rope was attached to some of the tim. ber and it floated over the breakers, and two colored men came through the breakers on the line. The ratte, with the trunks and baggage, were then thrown overboard and hauled ashore, but of the ide the reef one onl rn of the sinking veasel, In this boat the captain’s wife was placed, and when fitteen feet from the schooner it capsized, but one of the colored boatmen caught the lady in his arms and swam with her over the breakers, bringing der safely to | Shore. That being accomplished a!! sails were lowered, The same boat returned through the breakers again, and took off the crew. The boat was capsized again; but all hands were fortunately washed over the rocks. Inside the reef the water was perfectly smooth, A small portion of the cargo, and lumber, drifted ashore, but most of it was carned out to sea, bs 3 three days after the Cyrus Fossett — struc! the reef sho was a total wreck, Bothing left of ber but a few timbers sticking up in Lhe water to show where she had gone down. The shipwrecked remained’ on the island fourteen days and were well treated by the magistrate, Mr. Wilkinson, and the parson, Mr. Cowley. In fact, there were but three white men on the island beside the castaways. From Barbuda they proceeded to Antigua with the proceeds of what was from there to Milk River, Jamaica, in the brig Belear, Captain Bohn, and January 3, they left Kingston, Ja: mavea, for New York, in the steamer Henry Reng 8 | arriving in this port at twelve o’elock on Tuesday. schooner Cyrus Fossett was valued at about $6,000, and js a total loss, there beingno insurance, The cargoy worth about $6,000, was insured, THE HARVEST QUEEN. SHE IS GIVEN UP BY HER OWNERS—PARTIAL LIST OF OFFICERS. Later details from England concerning the packet ship Harvest Queen, of the Black Ball line, seem to confirm the worst fears. It is, of course, possible that. the hoad board bearing her uamo and the Spars which came ashore near West Wexford may have belonged to different ships, but Mr. Lamson, of the drmof ©. H, Marshall & Co, her owners, seemed inclined, in con- | versing with a Heratp reporter yesterday, to give up all hopes of the vessel's safety. They believe now that sho has been Jost, with all hands, aud that none live to tell the tale. She carried six fine boats, but ina sea or upon arocky coast, wherea stout ship could not live, little hope can be placed upon smalj boats. It is more than probable that no chance was given to launch such frail means of egoape. Captain Jansen, a Hollander, waz a capital seaman and had veen in the employ (of the house very many years and was always regarded as a most capable navigator. He | Jeaves a wife and child in San Francisco and another ebiid 1 Brooklyn. ac moet was the ct erin rd is oid bates who the other cers were, but it te sonvbuskt, i, Md We COOK, N nandez, were on theship. The other officers and men were undoubtedly shippod at San Francisco, from which port the Harvest Queen bad sailed for Lurope with a cargo of fine wheat. No list has been received’ from the consignees of the ship in San Francisco, Messrs, Williams, Blanchard & Co. ‘The Harvest Queen is the only ship lost by the firm 1p a great number of years, the Mankattaa, from Liver- pool with a large number of passengers, having be classed among the “‘missing”’ before sieam=litp times, Possibly the sea will yct give up news o! the Harvest Queen. The ehip and cargo were insured in New York companies, THE SECOND ADVENT, THE REV. 8. H, PLATT, OF BROOKLYN. ON THE DEDUCTIONS OF DR. CUMMING, OF LONDON. There are four divisions of Adventists based apon the speedy coming of Christ, the sleep of the dead, the annibilation of tho wicked, and ‘that this earth is to be regencrated and made the heaven of the redeemed, The advocates of one or more of those theories are found in all the churches. Those who look for the speedy coming of Christ place that event somewhere within the present century, though comparatively few of them hold, with Dr. Cumming, that it will take place this year’ Those who believe in the sleop of the deaa hold to the idea that the mid is the result of the physical organization, and that when the body dies the mind dies also, “Hence they believe that tho resurrec- tion of the body and mind is a consequoace o! faith in Christ. The next class go astep furtler, and believe that the wicked—that is, all who have not faith in Obrist—resolve into nothingness when they die. This class, who hold algo to one or more of these theories, call themselves Christadelphians. They are more numerous as a distinct sect than the Second Adventists. The belief that this earth resonerated is to be the home of the blest or the new heaven and new earth that the Apocalyptic seer saw is very pnerely held by all. The Rey. 5. H. Platt, pastor of DeKail avenue Methodist Episcopal church, Brooklyn, holds to the idea of the speedy coming of Christ, and for the reason that all save two or three of the prophecics have run out. And those relate to tue destruction of the Papacy and the burning of Rote, and (he expal- gion of the Turkish ¢ from Eur and perhaps also from Asia Minor. They can be fulfilled within a very few years. He does not Pager to Ox the time of Christ’s coming, but he doubts not there are steam- boats now on our rivers and ships on the sea that will bo consumed in the world conflagration. Men are building houses of iron as if they were to stand , ever, which will melt Ike wax tn the fires of cat day, And yet there are comparatively few who ony for the ly coming of the Son of Man. For, as it was im the days of Noab, they thoy drank, they married and were,given in mai and knew not or believed not until the food came aad took toem all So shall it be when Christ comes. Mr, the idea of a millennium or the reign of Christ upon earth for a thousand years previous to the great judgment day. There is no Seripture upon which such an idea could be based, and while he does not attempt to explain that he finds it opposed, to so many others he is fn to discard that theory and let God take care of the other. He beliores this carth will be burned up and purifidd with fre 80 as to become the habitation of the sain! angels. But while this process of purt@cation by fire is going forward we who aro alive shall be caught up with th Lord in the air and there remain until the process is completed. The ener wt to take papa on dist lieve ‘between the consing of Christ ant tbe ing of the world and the final judgment, and he would not fx a time for any of these events, except in fA general way to say (that will not take this year, but wi ake pings in less than twenty-fiv ikoly and may, and very will, occur within the next tek ee THE CUSTOM HOUSE, or fifteen years. Collector Arthur was engaged yesterday afternoun for opward of an Hour with Mr, Coudert, counsel for Mason Hirsoh, of Philadelphia, who requested the release of the smuggled goods worth several thousai dollars brought to this city by bim on the steamship Rugeia, and also with Deputy Collector Phelps, who opposed the request. The evidence of Inspectors Car. rol} and Eagan, whom Hirech attempted to bribe by first offering $30 and thon $100 to pass the goods free ‘of duty, was submitted to the Collector; Ukewise sworn statement to the offect that all the irae! goods in his ba; amounted to 300 trance. seeevorntecrueat show: falsity of vhis declaration, was made Worse by the atts ted corruption o} cmp ors. The seizare was made by order of Deputy Surveyor General Nichols, Collector arthur declines to interfere in the matter of Hirsch’s appeal to the Secretary of the Treasury, and the jaw will now have to take [te course. The case wil) be triod in New- ark, N. J., owing to the seizure baving been made at Jersey City. This case is & most important une, as on it binges the question of perjury when passengers take false oaths img she contents of their baggage. Collector Arthur told a Heraxo reporter that he looked these declarations as sworn Custom House entries, The solution of this matter is anxiousiy awaited by Custom House officials, A QUESTION OF TWENTY-FIVE OR TINRTY FIVE PRR CENT. The liustrated Centennial almanacs recently imported [CONTINUED ON NINTH PAGE) she...