The New York Herald Newspaper, January 20, 1876, Page 8

A Full Jury Obtained in the One Mil- lion Tweed Civil Suit. ANOTHER GENERAL CHALLENGE TO THE ARRAY, | Application for a Writ of Habeas Corpus in the Case of Edward §. Stokes. A Sea Captain’s Daughter Fight- ing for Her Inhayitance. There was a very large crowd iterday to witness the further proceedings before Supreme Court, Circuit, in the Tweed $1,000,000 suit, It was announced by Judge Westbrpok that several of the new pane! of twenty-four jurors ordered to complete the vacancies on the jury had already reported to him. Mr. Peckham stated” that be bad just seen Coroner Ellinger, to whom the writ had been issued, and had been informed by him that ail the jurors selected bad been summoned, with the oxception of seven, and these he expected to bring into court during the day. Av this stage a man named Kuschmann made his ap- | pearance on the scene and opened his oratorical bat- teries, to the amazement of allin court. This is the Kaschmann who claimed to havo been elected State | Sepator, and actually went to Albany to fight his way tothe Senate. He seems to have 4 mania for Oling ige Westbrook, in | NEW YORK HERALD, THURSDAY, JANUARY 20, 1876.-WITH SUPPLEMENT. writ snoaiad de gtanted. It was inly an elabora- tion of the points set forth in the petition, When asked to cite authorities in support of his views, he cited the case of the People va, ougherty, in which the defendant was indicted for hen found guilty in the General Sessions, but the judgment was re- versed on appeal, alter which he pleaded guilty of assault J battery, the full penalty for which crime is a year’s prisonment in the Penitentiary; but as he had al ready been confined a year in prison, he was discharged, it being held that he bad already suffered the full pen- “alty of the law for his offence, He urged that no injust- ice could be done to the public by granting the writ, | inasmuch as on the argument of the case it was decided that Stokes had not served out the full term of his al- loted sentence and could be remanded to prison, and that would be the end of it. Judge Barrett took the papers saying he would give his decision this morning. THE BURKE-GARDNER SUIT. Our civil courts, prolific as they are in cases pre- senting marvellous phases of human life, very rarely ‘are the scene of atrial so replete with material capa- ble of being elaborated into apen and ink picture | quite as startling and oxciting In its details as any- thing ever emanating from the brain of either poet or novelist as that which began yesterday Lefore Judge mon Pleas, The plaintiff ts Mrs, Virginia C, Burke and the defendants Ira C, Gardner and wifo aud James | Grath, their sou-in-law, Mrs, Burke is the daughter of the late Captain John Alexander, whose home was | in New Orleans, Through following the vea he ac- quired a handsome competency, Having grown old | and with an impaired confidence in savings banks, ho carried his canvas bags tied about his neck, the bulk his property consisting of bonds and securitics. On the 16th of March, 1869, bonds were counted over in an_ oflicd in South street and found to aggregate $60,000 im yalue, Ten days Inter he died at ‘tho residence of the Gardners in Harlem. It is claimed by Mrs. Burke that tho Gardnors appropriated to their | own use these bonds; whereas thcy claim that he had but a few thousand dollars in his possession, which he gave to them for their kindness in taking care of him while he was sick, The story will be recalled from a full publication of the alleged facts set forth above, directly succeeding Captain Alexander's death. Mrs. | Burke, who is the only surviving offspring and sole executrix and legatoo of Captain Alexander, brings suit ot other these Van Hoesen, bolding Trial Term of the Court of Com- | Papers in the Supreme Court What between a strong | t "recover the value of the bonds claimed by her to Dutch accent and his own excitable temperament, he | have been in her father’s possession at the time of his | cutting John Henry Pellew, of No, 693 Eleventh avenue, in the leg with a razor, on the 7th inst, in the apartments of Rosina Curry, No. 310 East Thirty-fourth street. Pellew resented ab tneult offered to Miss Curry by MeGlynn, whereupon the latter drew the razor. for two and a half years, COULD NOT STAND TRIALS, Nellie Farrell, a Greene street denizen, indicted for feloniously assaulting Mary Dingwell, of No. 111 West Houston street, with an oyster shell and a knife, pleaded guilty, and was sent to the Penitentiary for eix months. George Price, charged with stabbing William McGill, of No. 212 Broadway, on the head and neck with a knife, also pleaded guilty, and was sent to the Peniten- tiary for nine months. * street, indicted for cutting Daniel Gerraghty, living in guilt. He was sentenced to two years aud six months in State Prison. Edward Henry Read, alias Charles Rogers, was tried some weeks ago for stealing forty pieces of Kentucky jeans, the property 68 Worth street, whi ch he took to an auctioneer’s to second trial yesterday Read pleaded guilty, and was sent to State Prison for eighteon months. Smith, No. 269 West Twenty-tr: dozen pint bottles of champagn been delivered next morning. The lover of chainpagne pleaded guilty yesterday and was sentenced to one year in the Penitentiary. William Shannon and James Barlow, two press printers, who stole and sold a wagon load of coal, the offence. 'y for one year. James Harvey entered the drug store of James H. Sackett, No, 122 Liberty street, on the night of the 4th inst., and attempted to steal some property. discovered by Officer Dalton, of the Twenty-seventh precinct, and locked up. isoner Yesterday pleaded ‘guilty to burglary and was seutenced to eighteen months in State Prison THE INFLUENCE OF A BAD CHARACTER, James Brady was tried for fring a revolver at John Hurley on New Year’s morning on First avenue and ‘Thirty-fifth street, It was shown by Brady’s counsel ‘They were each sent to the | Judge Gildersleeve sent the accused to the State Prison | He was | Frank Spencer, a negro, living at No. 64 Baxter | the same house, with a razor, also acknowledged his | of John Slade & Co., Nos, 66 and | sell, but the jury disagreed. On being called up for | George Crawford broke into the stable of Spencer | street, and stole two | which were to have | property of Edward Brady, No. 51 Forsyth street, ad- | loon on Tuesday might and was arrested therefor. It having appeared that Jacks had simply acted in de- fence of his wife, who had been insulted in a gross manner by @ gang of ruffians who were in company with the complainant, the charge was dismissed. The Court thought the defendant bad only done his duty in the matter. CLUBS SHOULD HAVE BEEN TRUMPS. James Webb and Samuel Lannigan are worthy mem- bers of the Yorkville gang. On Tuesday night Officer Salmon, of the Nimeteenth precinct, was abused by Lannigan for interfering with young men who were in- dulging in rude pastimes. He struck the officer. Webb wag arrested for interfering between the officer and Lannigan and was fined $5, Launian was fined $10 and put under $300 bail to keep the peace for a year. COURT CALENDAR’—THIS DAY. Scrxewe Covrt—Caamngxs—Held by Judge Bar- rett.—Nos. 67, 69, 86, 88, 98, 99, 100, 120, 123, 34, 66, 80, 82,'102. Call 103 to 175 inclusive. Serkxwe Covrt—Sreciat Tenm—Held by Judge Dono- hue.—Demurrers—Nos. 5, 19,20, Law and fac 187, 106 , 179, 202, 232, 238, 245, 247, 255, 2 78, 274, 275, 276, 277, 278, 279, 80, 293, 294, 290, 206, 298, 300, Scrruwe 'Cotxt—Gesrra. Trma—Held by Judges oe Brady and Daniels.—Nos. 96%%, 140, 141, 106, 136, porréae Uoukt—Cinceit—Part 1—Held by Judge Van Vorst.—Nos. 947, 974, 1237, 1261, 61, 789, 718, 1230, B51, 876, 1203, 1094) 781, 975, 979, 993; 995, 999, 1001, 3007, 1009, 1o1?, 1013, 1015, 1019.’ Part 2—Held by Judge Westbrook.—No. 3994, Part 3—Held by Judge Lawrence,—Nos, 1784, 67414, 2077, 1810, 2196, 14, 2085, 648, 2014, 2274, 659, 2240, “1673, 4029, 105, 1716; 689, 907, 10. 8, 520, 1809, 743, 1489, 178345 Norick.—Strneme Cocrt Cikcurr—Part 2—Tho Jurors accepted in the Tweed case will attend to-morrow ‘moruing, at half past ten o'clock, to be sworn in. Svrewion Covrt—Tuat Texm—Part 1—Held by Chief Monell.—Nos, 1811, 1675, 1743, 879, 863, 741, 7, 673, 1805, 797, 1361, Part 2—Held 930, 968, 928, 436, 1218, 852, 6, 1826, 1788, Superior Court—Srec Sanford.—Nos, 14, 25, :AS—TRiaL Tera—Part 1—Held by Jud; No, 573 Part 2—Held by Judge Van Brunt,—Nos. 1302, 219, 1203, 1187, 1249, 1446, 2000, 1259, 1263, 1908, 1208, 1288, '1461, '1462,'1463, 1464, 1465, 1466, 1467, 1469, 1470, 1471, 1472, 1473, 1474. Common Preas—Equity Texm—Hold by Judge Joseph 31, 132, | 29, 166, 201, 112, 168, 172, 173, 178, 104, 105, 110, | sal TaRM—Held by Judge | | las O. Pierce, ti ), $350; amount of propert: | lost by fire, $764,200; amount of property lost by col $6,000; amount of property lost by wreck or foundering, $339, 000. The foregoing report ts to be delivered at Washington | to United States Supervising Inspector General Bur- | Rett by United States Supervising Inspector Addison Low, of this city, DISTRESSED MARINERS. HOW THE GOVERNMENT AIDS DISABLED SHIPS AT SEA—OPERATIONS OF THE REVENUE MA- RINE—CRUISE OF THE STEAMER GRANT. One of the most efficient and valuable aids to the dis- i tressed mariners on our coast is the United States | Revenue Marine. From the 1st of November until the Ist of April the various vessels of this service patrol the coast, and give assistance and succor to any craft which may need ald, This service is at once dangerous and severe, The cutters must be at sea at all times, | when not compelled to seek port for the purpose of provisioning or laying ip stores of coals, It js no holiday sailing to track the coast when swept by winter gales, and when, as is often the case, the decks and sails are encased in heavy sheets of ice Yet at all times, whether in stormn or calm, the revenue cutters must be abroad on | their errands of mercy, driving through tremendous | seas and surrounded, on dangerous shore, with fogs | or driving snow, The good that they are able to do cannot be expressed in dollars and cents, The public | know little of the hardships endured, tho ald given or | the dangers met and passed. Few, if any, of the ves- sels in distress ever take the trouble to report the as- | sistance rendered by the government vessels, githough | im many instances {tis to that aid alone that the eafety of the disabted craft is due. over, and it 1s the duty of the commanding officer to see to it thata thorough search is made as often as | possible for wrecked vessels, or those disabled or in | distress. Tho district belonging to the port of New York, and guarded by the United States revenue steamer Grant, Captain A. A. Fengar, extends from the Delaware Breakwater to Martha’ Vineyard, covering the entire sea coast of Long Island and the Jersey ore, The coast is not only dangerous, but itis at Each steam cutter hus its allotted district to crue | OUR WATER SUPPLY. The Proposition to Construct a New Croton Aqueduct, | GENERAL PORTER’S REPORT’ Interesting Statistics of Water ‘Consumption and Supply—Plans and Surveys Commended. The following interesting communication was yead terday transmitted to Mayor Wickham by Commis. sioner Porter as to surveys, plans and estimates for the construction of a new aqueduct to supply tional water facilities :— Derartwest oF Praric Works, ew York, Januaty 17, 1876. | wd |} Hon, Wauas H. Wickuam, Mayor‘of the City ot Nor ‘ork ;— Sim—Under a resolution adopted by the Board Aldermen July 29th, aud approved Dy you August 71 _last, I have caused careful surveys 1 be made of tl ground lying between the Harlem River and the uppet Portion of the basin of the Croton River, for the pw pose of ascertaining the practicability of anothel aqueduct, the most feasible route for such a structures! and its probable cost. The necessity of a new aqueduct arises from the fact that the projectors of the present aqueduct und {mated the futare consumption of water in this citys: mated that thirt; jons per day to each ing habitant would be a verals torent the limit of the ulation at On this e: mate was based the size and capacity of the aqu but, while its capacity far exceeds the calculations o} its builders, deliverin Place of 0,600,000, ut 4 utm. ough the population is yet far. fr 2.000 to, and one-third ‘of the laeeitnes OF Maphat! Island {g ptill unoccupied, Accordi! upply, and the: $0¢0,000. tie occasionally furnishes much amusement to the law- | decease. Most strenuous efforts have been made by that Hurley was a dangerous character and had been | F. Daly.—No. 9% all times frequented by more vessels than can be seen 3875 th ing to the census ell .. He proceeded in em- | the defendants and their counsel to postpone the trial, * ‘ gt on any other portion of tho Atlantic, and the Captain | 1875 the population of the city ts 1,C50,000, which Mrscaas ts ilonowace the whole pissed 0 ieee taccugualy Mrs: Burke and herecunsel have fougne | weaggressor. It was also shown that he had served | | CowMox, simas-—GexmnaL Tenw.—Adjourned until | oric/Grant always fuds plenty to do on his cruises. | must be added as consumers of wator the large foati €! whatle terms to denounce the whole proceedings in the reed case. and wound up by Gling & bundle of papers by way of protest. Judge Westbrook, good naturedly, said “he would see about it,”’ and Kuschmann bowed with all the ele- gance of 4 Beau Brumell and retired, The Court took a Tecess until half-past one o'clock, when the complete returns wero handed in, About half-past one o'clock the Court reassembled, and the Coroner uel was complete, and the Clerk, by direction of the ourt, immediately commenced the calling of the list of | jurors, and nineteen answered to their names—Henry J. Martin, Ravsom Barker, Frederick W. Kheirlarder, Samuel H, Storrit (excused), Robert Carter, Jr., Adoiph Hoognten, David C. Dodge, Edwin Samson, David Van Nostrand, Robert Dunlap, Morton Mortimer (did not answer), Walter 8. Appleton, John Crosby Brown, Heury G. Chapman, Richard B. Hartshorne, Charles H. Buddington (did not answer), George Pilorton (did not answer), Benjamin F, Butler (excused), John A. Church- | ill, Richara KE. Hatch, Amos A. Brewster, Balzin Da- vidge (excused), Adolph Beizleman (did not answer), Edward 8. Jaffrey (did bot answer). Probably the most amusing incident of the whole trial thus far was that which followed the tnvitation of Judge Westbrook for all Jurors having excuses to offer to come up and be sworn. The whole panel solemnl, aroge and filed with perfect gravity to the clerk's d and took the required oath. As juror after juror was sworn, and excuse after excuse offered and accepted, the spectators prosent began to appreciate the hug ness of the joke, and a general titter was followed by some considerable laughter, This preliminary diffl- culty having been overcome in a measure, the exami- nation of the few remaining unfortunites seemed to be imminent, but no sooner had the Court announced | that thoy were ready to proceed than Mr. David Dudley Field arose and stated that they would interpoge a challenge to the array, on the rounds, first, that the order was without any authority of law; second, that the -precept was without authority of Jaw; third, that the authority conferred by the precept to select and summon could only be exercised by the tour Coroners, or a majority | of them; fourth, that the return of one Coroner is not | tufficient in law; filth, that the names of the talesmen were not drawn from the petit Jury box in the office of the County Clerk or of the Commissioner of Jurors, Dut were taken at the caprice of the Coroner; sixth, that in the selection of such talesmen the Coroner acted from partiality for plaintiffs and Dias against | defendant; seventh, that among those summoned was | Levi P, Morton, challenged and set aside m the former ara | joroner Ellinger was sworn and examined as to the manner in which the panel was drawn. His | examination by Mr. Field created much amusement. | He said that as Mr. Ellinger, private citizen, he bad un impression that the Ring’ committed peculations, | and that Tweed was one of the Ring; as Coroner, he was like a counsel representing a cause that he other- wise would not be counected with; as Mr. Ellinger, he wished the people to succeed. @ Do you think that justice would be best done by having a judgment for the people? A. Yes; I don't know (Inughter); ob, well, probabiy that is the opinion 1 wouid entertain as a citizen, (Laughter. ) @ You have got two opinions? A, Yes (laughter); my impression was that there was po Tweed was onc of the Ring; but I exercise my judgment impartially; of course, [havea doubt about Tweed’s | guilt, as there isto be a trial, Judge Westbrook overruled all the objections, and the defence took exception. The process of examining the jurors was then commenced. Henry G Chapman and John Cro: strong impressions about the case, were excused. Van Nostrand, opinion, excused. F. W, Rhinelander, had an opinion, but if the evidence was equally balanced, would’ be inched to give defendant the benctit of the doubt; is connected with the passenger busivess ofa railway. Accepted as the eleventh juror. Robert Dapiap, extused on the ground that he had y Brown, having been on one of the investigating committees. | Adolph Holgarten wanted to be excused as being in attendance on another branch of the Supreme Court, which was not granted, He basa decided opinion, but thinks he could dismiss it from his mind if on the jury. cured being prosent, the Court adjourned until this morning, when the twelve will be sworu for the actual trial, which will not commence until Monday morning. The Court at the same time cautioned the jurors present against reading or hearing anything about the inerits of the cause outside the evidence, on which and their conscientious finding the verdict should be based. HABEAS CORPUS FOR STOKES. Tho effort to secure the release from Sing Sing Prison of Edward 8, Stokes bas at length assumed a tangible shape in a petition to the court for a writ of habeas corpus Shortly after the reassembling yosterday morning of the Supreme Court, Chambers, Judge Bar- rett being on the bench, Mr, Charles W. Brooke pro- ‘sented to the Judge the following petition, which ex- plains itself:— To the Hon. Groror C. Barrett, one of the Justices of the Supreme Court of the State of New York : The petition of Edward § Stokes, of the city and Btate of New York, respeetfully shows to Your Honor that he is now detained and Imprisoned and illegally restrained jn bis liberty by the Wardon of the State Prison of the said State of New York, aj Sing Sing, in said State, in the said State Prison; dnd thathe is hot committed or detained by virtue of any process issued by any court of the United Stutes, or by any judge thereof, nor is he detained or committed by virtue of the final judgment or decree of any competent tribunal of civil jurisdiction, nor, as he is advised and believes, and go states, by virtue of any final judgment of such competent tribunal of criminal jurisdiction, or by vir- tue of any execution issued upon such judgment or decree; that the cause or pretence of such imprison- | ment, according to the best of the knowledge and bo- Nef ot your petitioner, is that heretofore, at a court of Oyer and Terminer, holden in and for tho city and county of New York, your petitioner was convicted of the felony of manslaughter in the third degree, and by the judgment of the said honorable Court was duly | eentenced to a term of imprisonment in the said State | Prigon at Sing Sing; that he has over since been held | apd detained and now 1s, as aforesaid, illegally held | and detained and restrained in his liberty, ae he te ad. | vieed and believes and so states; that the judgment of tbe said honorable Court of Oyer and Terminer, upon the conviction aforesaid, has, as your petitioner Is hke- wise advised and believes and so states, been fully and Satisfied by the service by your petitioner of legal term of imprisonment imposed thereby, and that such judgment was and has been £0, foresail, fully and entirely atisfied upon and ce the 6th day of January, 1876, and that eince -said 6th day of uary, 187 your petitioner has been detained and imprisoned wt the guid State Prison by the Warden thereof, aforesaid, without color of avy legal confmitment, pro- cess or judgment whatever, and without any warrant or authority of law for such ‘ilegal detention and im- prigonment; wherefore, your petitioner prays that a writ of habeas corpus may issue directed to the said r epondent, the Warden of the State Prison at Sing Sinj ing him to produce the body of your pet tioner, together with the term and cause of such im- prisonment and detention, to the end that your peti- tiener may be relieved of his present illegal imprison- ment EDWARD 8. STOKES, The petition is eworn toby Hora of the petijoner. Accompanying tt is a copy of the wentence of tho Oyer and Terminer, and a certificate of Warden Walker, of Sing Sing Prison, it Stokes has been there since November 1, 1873, and that during every portion of such time he has faithfully performed such fork and labor as have beon assigned to him, and that his conduct during the entire period has been un- exceptionably good and characterized by a strict ad- erence and obedience to the prison discipline and ofi- coals Ny. Sudge Barre’ ‘accompa nced over tke petition and the ing it, and then returned them tothe at he must have a copy of the jugg- tle out some oo. gal ge ren was subsequently corrected, and at a lal our the papers Teubmitied to Judge Barrett. Mr. Brooke the renewal of bis application with quite an argument, fiving “bi were extended made the announcement that the | | convicte | to plaintitf of the biast, which he paid no attention t The Court held the | juror perfectly competent, aud he took his place as the twelfth juror unchallenged. Only four of those se- | Stokes, brother | | to bring the case to legal adjudication, and atter seven | years she has been finally successtul in this regard. When the case was called on the present calendar every possible excuse was made to delay the trial, but | Judge Van Hoesen, with that inflexible tirmness which | has already given ‘him bigh charactor on the bench, | ordered the cage to be set down peremptorily for trial yosterday. ‘A lengthy and brilliant opening of the case was made | by Mr. Andrew H. H. Dawson, the plaintiffs counsel. He recited with tragic terseness the circumstances at- | tending the death of Captain Alexander, gave a vivid | portrayal of the change in circumstances of the de- | fendants succeeding’ the Captain’s death, and then, | after showing the devotion of the Captain to his daugh- | ter and the long and persistent cfforts of the latter to | recover her rightful inheritance, he asked careful atten- tion by the jury to the testimony, Dr. Bockway and other witnesses were examined for the prosecution. They gave substantially the same testimony as in their | evidence at the Coronor’s inquisition in the case. *It is | probable that the trial will last a week or tendays. The | defendants, who are represented by a formidable array of counsel, 'of course deny the allegations embraccd in the complaint and set forth in the opening of the plain- tis counsel, than which a more severely scathing | opening is seldom heard in a court room, SUMMARY OF LAW CASES. Application was made yestorday to Judge Davis to | | | name the eliors in the civil suit wow pending against | Peter B. Sweeny, in which some $7,000,000 is in- | volved. Judge Davis reserved his decision. An order has been granted out of the Supreme Court, and was yesterday filed in the County Clerk's office, giving permission to Mr. Jewett, receiver of the Erie Railroad, to purchase from Delos D, Culver, at their par value, stocks and bondsof the National Stock Yard Company to tho amount of $15,000. A motion was made yesterday before Judge San- ford for anew trial in the recent suit of William Plunkett against D, Appelton & Ca, the publishers, It is claimed that Jadge Speir, before whom the case was tried, communicated with the jury in the absence of and witnout the consent of counsel, The Court re- | served its decision. ‘The argument on appeal in the case of John Dolan, | of the murder of James H. Noe, was sot down fora hearing yosterda in the Supreme Court, Goneral Term. Mr. William F. Howe, the prisoner's counsel, and District Attorney Phelps wore botb present, bul owing to the fact that the papers in the ease had no oes prepared, the argument Was postponed uytil 0. | Some time since Thomas F. Hayes, assignee in bank- | ruptey of Maurice Harris, obtained ¢ judgment for $693 | against Helen Josephine Manatield. It will be recol- lected that the latter also recovered judgment against the wife of Coloncl James Fisk, administratrix on the estate of hor deceased husband, for alarge sum. The | execution against Miss Mansfield having been returned | unsatisfied, Jadge Barrett bas directed Mrs. Fisk to pay over to Mr. Hayes the amount of his judgment to ap- | ply on proceeds ‘ im. | © Faward berlin brought suit against James Gallacher, | contractor, claiming $5,000 damages for injuries re- | ceived through blasting, in September, 1872, in Forty- ninth street, near t River, which was under the | charge of Gallagher, The case came to trial yesterday | before Judge Van Brunt, in the Court of Common Pleas. The defence was that timely warning was given that he was only blasting dirt and that the injuri | were only of atrifing character. The complaint was dismissed on ground of contributive negligence on the part of the plaintiff, William Kelly and D. McEWhainy formerly owned a distillery, aud in May, 168, obtained a water meter from the city, depositing $985 for it. In July succeed- ing the city took away the meter, but refused to ro- turn the deposit, claiming that the meter had been * tampered with, and that the sum on deposit was thereby forfeited. Mr, Charles H. Barragen, assignee of the parties named, brought suit against the city to compel repayment of the deposit, Tho case was tried | yesterday before Judge Van Vorst, holding Supremo | Court, Circuit, and resulted in a verdict for $1,347 58 | for the plaintiff, being the full amount claimed, with | interest, Emma Heilbrett has brought a suit against tho | New York Life Insurance Company on a policy of in- | surance for $5,000 on the life of her husband, Edward | Heilbrett, It ‘is set forth in the complaint that the policy was obtained in July, 1871; that the answers to the preliminary questions were Correctly given; that the annua! premiums were promptly paid, and that the deceased died in March, 1874, having up to the time of his death comphed with every requirement rendering the policy valid. The defence ts that some of the questions proposed by the medical examiners wero incorrectly answered, and that he was suffering from rheumatism, dyspepsia and disease of the kidneys at | the time of obtaining the policy. The case came on | for trial yesterday before Judge Speir in the Superior | Court and will probably occupy two or three days A feature of the trial is the appearance as opposing counse! of William A. Beach and ex-Judgo Fullerton, DECISIONS. SUPREME COURT—CHAMBERS, By Judge Barrett, Hayes vs. Mansfleld.—I am unwilling to make the | order asked for without proper notice to the defend- ant, Johnston vs. Brown.—Decree of foreclosure amended, Brown vs. O’Brien.—Granted for January 28, 1876, Matter of Carroll. —There ought to be a provision fn | the order substituting the mortgage for debt, and re- | quiring Roche to give the special guardian, on receipt | of the mortgage, an obligation not to sue upon the debt. Millet vs. Brown.—The issue is forgery. Motion do- nied. Matter of the Nuns of St Dominic; Irving National Bank vs, Winchell.—Motions granted. Budlenkamp vs, Hadfield. —Proof of service had. May vs. Conover.—The notice should have been served upon the Sheriff personally. ‘Smith vs, Reynolds. —Writ of assistance granted, Matter of Kingsbridge road.—Order granted for the payinent of the money into court. Matter of Lexington avenue, &c,—Referred to F. W. Loew to take proof and report. Melville vs, Sturges. —Motion granted and refereo ap- | | pointed. | + Southard va Mbrge tds iby AAR and | motion granted, that lot be released from lieu of judg- | ment | _ Angel vs, Vander Roest.—Let the defendant's attor- | Beys specify in writing each item of the Sheriff's bill is which they object and the grounds of each objec- jon. Pessels vs. Pessels.—Proof must be much stronger. SUPREME COURT—SPECIAL TERM, By Judge Donohue, Douglass ve, Dongiass. —Decree signed, Cheever ve. Lamar.—Judgment for defendant on de- murrer.—Opinion. By Judge Van Brunt. Hame ve. Haulcy ct al. —Case setted. SUPERIOR COURT--SPRCIAL TERM. Judge Sedgwick. Ns Insurance Company and Harper ve. Harper.—Orders settled. By Judge Sanford. Smith va. Cantree.—Reteree's report confirmed and judgment ordered agp ite at Hassel va. Kamak et al. —Referee'’s report confirmed and judgment of foreclosure and sale. COMMON PLEAS--SPECIAL TERM. By Judge J. F. Daly. | Sorenson ya. Sorenson,—Divorce granted to piain- i COMMON PLEAS—GENERAL TERM, By Judges J. F. Daly and Robinson. The People&e. ys. Sim and another; Same vs Ar- | teago and another, --Applications granted on additional | proo! furnished, COURT OF GENERAL SESSIONS. Before Judge Gildersleero. INFRINGEMENT OF THE AFRICAN'S RIGHTS, McDonald va, McDonald et al; Rousel vs. St. Nicho. | several terms on Blackwell's Island, whereupon the Jury acquitted the prisone: TOMBS POLICE COURT. Before Judge Bixby. ATTEMPT TO DEFRAUD. About noon yesterday a smart, intelligent looking young man named John Beamish called at the store of Smith & Hedges, diamond dealers, No. 1 Maiden lane, and presented a note purporting to have been written by Francis Schneider, a jewoller, doing business at | No, 68 Bowery, inquiring if Smith & Hedges had two diamonds of equal size and brilliancy, weighing about one and # half carats cach and to cost about $120. Mr. Smith, who received the letter, said m reply ‘thereto that tho diamonds’ could bo had for cash at the amount _ stated, Beamish then left him, but returned an hour subsequently with an order for the diamonds and a check on thé Pacific Bank for $240, signed P. Schneider, Suspecting that allwas not right, Mr, Smith sent one of bis clerks to Mr. Schneider to ascer- tain if the check was genum latter pronounced iva forgery. Beamish was meanwhile sitting in Smith & Hedges” office, and when word was brought back that the paper Was a counterfeit an officer was called in and Beamish was arrested, Ho was taken before Jus- tice Bixby and held in default of $1,000 to answer. Tho prisoner gave his residence as No, 94 Chrystie street, A WOULD-BE ASSASSIN, Not long since Mr. James McPhillips, a storekeeper at No, 48 Catharine street, had his showcase robbed, He resolved to keep watch upon the first suspicious character that came prowling around his premises. On Tuesday night Mr. MeHhillips, standing in his own door, saw &@ man cross to the opposite side of the street j t9 the store of Anthony Marphy and attempt to stral a sturt and blouse that were hanging outside. Mr. MePhillips surprised him in the act and tho thief ran away, A short time afterward he returned, met Mr, McPhillips, and dsliberately taking a revolver from his pocket ired, ‘The ball struck the front wall of the house. MePbillips grappled with the would-be assas- sin and a desperate struggle for life or death ensued. McPhillips succeeded in wresting the pistol from his | assailant’s grasp, and at the same movement an oflicer came up and arrested the desperado. He gave his name as Patrick Healey. Justice Bixby, before whom he was | taken, held him in $5,000 bail to answer, | DESPERATE ASSAULT AND ROBBERY. On Tuosday night John A. Lindenwald, a Swedish sailor, entered the store of Albert Linderman, No. 91 James street, and called for adrink, A glass of boor was given him, Ho was then about to leave, when, as he alleges, Linderman and ono Charles Wilson mado an assault on him, knocked him down and robbed him of a gold watch and chain, valued at $120. They algo, he says, stole a revolver, which was subsequently found in Linderman’s possession by Officer Musgrave and sden- tified by Lindenwald. Linderman was taken yesterday before Justice Bixby and held in $5,000 bail to answor. WASHINGTON PLACE POLICE COURT, Before Judge Kilbreth. OUTRAGE AND ROBBERY. Thomas Printy, of No, 458 West Thirty-second street, and John Fitzgerald, of No. 402 West Thirty- first strect, were committed for examination on a charge of committing an outrage on Mrs, Adelaide Goll, of No. 416 West Thirty-first street, who swore | that the two prisoners entered her room while she was _ laying sick in bed and induced her to drink a glass of liquor, She then became unconscious for a few mo- ments, and on coming to herseif knew that her person had been outraged, A neighbor, Mrs. Pope, entered the room just as the men leit and found the complain- | ant in the condition as described above. Tho prisoners were arrested by an officer of the Twentieth precinct, who, on taking Printy to the sta- tion house, found’ he was “wanted,” and Printy in { court yesterday was charged by Lou Tenth avenue, with attempted highway robbery, Mr. | Ball swore that on November 28, 1875, Printy assaulted him and attempted to steal his watch. For this offence Printy was held in $1,500 to answer. DISORDERLY HOUSES. Mary Meyors was held in $1,000 to answer for keep- ing a disorderly house in Greene street. Oilicer Lefferts arrested three women and two men inthe house, The oflicer continued his raid during the evening and ar- rested cleven other women for disorderly conduet. Tho men were discharged and the women fined $10 each. THE UMBRELLA SILK ROBBERY. Yosterday Detective O'Neil arrested Michael Clancey | im O'Day’s store, corner of Charlton and West streets, from her house, amination. ESSEX MARKET POLICE COURT. Belore Judge Qtterbourg. ae SS betes JACK ON SHORE. On Monday evtning John Sandstron, a sailor, entered the saloon No."834 Water street, to spend a jolly even. ing. Afer a few drinks had been disposed of be got rather disorderly and claimed he bad been robbed of | some money. Thomas O'Hare, an employé in the | saloon, attempted to eject him, but the latter drew a sailor's knife and stabbed O'Hare in the left hand, caus- | ing @ serious wound, He was arrested and yesterday ‘was committed for examination. FIFTY-SEVENTH STREET COURT, Before Judge Murray. ANOTHER CLERICAL SCANDAL, A scandal which caused a decided sensation came to light at the morning session of this Court yesterday. ‘A young lady, who resides at 14 Irving place, appeared, in company with her uncle, to preter The prisoner was remanded for ex- John James Thompson, a Presbyterian ovangelist, The defendant was in court and appeared to bea man about forty-five years of age, low sized and of stout | build, Om tho Ist of January he rented a room in the complainant’s residence, but having taken his meals out sido, he bad but very little intercourse with the family. Heand the young lady had, therefore, nover met, much less spoken to each other. On Wednesday morning, about five o'clock, the complainant, who og- cupied a'room on the third floor, was awakened by a littie sister who sleeps with her, and who informed her that somebody was inthe room, Just then ske saw the defendant standing beside her bed, and gave a scream of terror that rang through the house. Thomp- son threatened to shout her ff she did not keep quiet | and tried to get into the bed. The screams of the two girls soon aroused the household, and Thompson was | caught fleeing from the room in his pight shirt. He | was given into the custody of Officer Nicholson, of the | Bighteenth precinct, 'R answer to the inquiries of the Court, Thompson Said he had no recollection of the crime imputed to him and ‘did not care a damn" what court he should be tried in. He afterward changed his mind and elected to be tried at the Special Sessions, because he wished to havea Hage trial, It was admitted by the complainant's uacle, who accompanied her to co! that he thought the defondant was insano, and mauner !b court was not that of a thoroughly rational | Sor He was held for trial in default o} $1,000 bail, uring the day a gentleman connected with the Ameri- can Tract Society, called at the court and said that Thompson's insanity had already become known to his brother clergymen, and it was intended to have bim examined by a commission of lunacy, A CLUBBING THAT WAS DESERVED, George Jacks, a lager beer saloon keeper at No. 907 is reasons why the | Andrew McGlynn, a stonecuser, was convicted of | Third avepue, severely clabbed George Hees in his am Ball, of No, | all, Of NO. S04 | is limite as those preceding and the fhots.of which ® complaint of attompted indecent assault agaimet | February 7, 1876. Manixk Court—TaiaL Tunm—Part 1—Held by Chief Justice Shea.—Nos. 3814, 5975, 6045, 2282, 3625, feet Par’ 4340, 5456, 6158, 6209, 2095, 1206, 1445, $395, 6260. 2—Hald by Judge McAdam, —Now 3670, 3739, 5733, 5849, 5861, 1079, 6398, 6465, 6163, 6270, 8790,’ 3791, 3792, 374. Bart 3—! rea, ad oh fe Sheridan.—Nos, 5548, 5684, 6222, 6241, 5782, 6247, 6311, 6403, 6333, 6497, 5606, 5616, S617. 5450, i Court O¥ GENKnAL Sessions—Held by Judge Gilder- sieeve.—The People vs. Jobn McMahon, robbery; Same vs. Ann McNally, robbery; Same vs. Jobn Ryan, rape; Same vs, Francis Ryan, felonious assault and battery; Same ys. Walter McNeil and Patrick Conner, burglary 5 Samo vs. William Burg and John Neck: weiller, burglary; Same vs. John McAlen and Joseph Cornell, burglary Same ve. George Falk and Jobn Comers, grand larceny; Same vs, Roseanna Boyne, grand Jargon; Same ‘vs, Joseph Allan and Joseph Varren, grand larceny; Same vs. James Ryan, grand larceny; Same ys. Jobn’R. Ball, grand larceny! Same ya Jano McCann, grand larceny; Same va. James Rooney and John Mooney, graud’ larceny; Samo ve. Jacob Baus, grand larceny; Same va, Henry Eagan, rand larceny; Same vs. John Brady and Henry Mur- phy, grand larceny; Same ve, Mary Duffy, slaty lar- ceny ; Same vs. James Murphy, sate larceny; Sane vs. Felix Kalisz, grand larcen: me vg. William Mar- tun, grand larceny; Same ve. James Cullen, false pre- tences; Same vs. Margaret Abcarn, assault and battery, A RAILROAD COMPANY SUED FOR TWENTY THOUSAND DOLLARS. In the Supreme Court of Kings county, before Justice Gilbert, yesterday, W. F. Engleharat brought an action against the Broadway Railroad Company, in which the plaintiff claims damages to the amount of $20,000, The piaintiff, who is about eighteen years of age, on the morning of August 16 was standing on the steps of ono of the open cars of the company as it was passing along Broadway, Some one had placed a stone on the track, and when the car struck it Englebardt was thrown to the ground, crushing it so badly that it was subsequently ampu- tated, ‘The railroad company, in their answer, deny the statements contained in the complaint of the plain- tiff and alicge contributive negligence, Yesterday was occupied in the taking of testimony. COURT OF APPEALS. Aupany, Jan. 19, 1876. Ta the Court of Appeals Wednesday, January 19, 1876:— y Nos. 13¢ and 160. White's Bank of Buffalo, nd ent, ve, Asber P. Nichols, appellant, and White's Bank of Buffalo, appellants, vs. Asher P. Nichols, re- spondent,—Argued togethcr us one causo by 8. H. Rogers for the bank, and James A. Allon for defona- ant | No. 90, Edwin L. Jones et al, appellants, va. Elbert Bmitb, respondent.—Argued Sam Hand, of counsel for appellant, and by Robert S, Hale for re- gpondent. No, 133. Thomas Langley, respondent, vs, Thomas Cornell, appelisnt,—Argued by 8. L. Stebbins, of coun- sel for appellant, and by J, A. Steele for respondent, Case still on, * Adjourned, CALENDAR FOR THURSDAY, Nos 189, 141, 143, 132, 51, 62, 14 and 15, SUPREME COURT CALENDAR. Avnaxy, Jan, 19, 1876, The following is the Supreme Court, General Term, day calendar for Thursday, January 20:—Nos. 68, 26, 50, 63. 71, 72, 82, 87, 97, 99, 102, 0, 52, 57, 58, 63, 79 and 117. UNITED STATES SUPREME COURT. Wasnixerox, Jan 18, 1876. In the United States Supreme Court the following caso was argued to-day : No, 296. Mann & Scott vs. The People of Ilinois— Error to the Supreme Court of Itlinois.—This was | another of the Granger cases, involving the same ques- tions of State authority over’ public enterprises within have been before stated. The plaintiffs in error are the ownore of the Northwestern Elevator, in Chicago, erected in 1862, since which time they have bee! gaged in the business of receiving and storing grain for hire, aud they have been accustomed to fix their own rates of storage, &c., after consultation with other warehousemcn in the same business, and til «1871 without the interference of the State, farther than to make certain necessary police regulations of a general character applicable throughout the State. In the year last named the Legislature passed a law providing for the licensing of such business, and fixing the maximum rates of charges, The plaintiffs in crror refused to take outa Nieense and continued business as before, and, the de- ciston of the State Court aflirming the authority of the statute over them, they bring the case here, core | o 4 | that the State is without authority to fix rates who was idenwfled by Mrs. Murphy, arrested the day | charges for the use of private property, and altogether previous, as the person who removed the umbrella silk | without constitutional power to enforce the law in question. The argument was commenced on Friday Jast and concluded now. J. N, Jewett and W. C. Gandy for plaintiffs in error; Jam Edsall for the State, DELINQUENT POLICEMEN, The court room at Police Headquarters was crowded yesterday With policemen, Corumissioner Smith sat in judgment and disposed of eighty-two complaints, Only One of the charges was of a serious pature. Patrolman | Lynn, of the Twenty-seventh precinct, was charged with intoxication and disorderly conduct. After a short hearing the case was adjourned for one week to enable Lynn to procure witnesses, THE DE GRATH CASE. ‘The lady who was announced at the time of the ar- rest of De Grath, the alleged bigamist and perjurer, in | Hoboken, several days ago, as the paramour of that person indignantly denies that she bears any reiation to him other than that of wife. Her character ts vouched for as respectable by several very well known gentiomen, She beleyes that De Grath is innocent of the charges against him, and tntends to afcompany him on his journey as a prisoner to Cairo, Ill. STATISTICS OF STEAM VESSELS, ‘The United States Local Inspoctor’s annual tabular | statement of occurrences relative to steam vossels in the district of New York, ending December 31, 1875, is as follows:—Number of steamers to which certificates of inspection have been granted, 634, about one-Gfth of all the steamers belonging to tho United Ststes coming under the inspection laws, having 737 boilers an@ of a capacity of 223,797 tons; number of boilors found defec- tive, 78; number of boilers that gave way under hydro- static pressure, 20; number of boilers condemned, 2; | number of investigations held for violations of the Jaw, 14; number of appeals taken from the decisions of the Jocal Board, 2; number of masters that have received ori- ginal license, 124; number of masters that have received renewal of license, S11; number of masters whose Heepses have been suspended and revoked, 2, masters of steamers Pioncer ahd Harlem; number of mates that have received original license, 14; number of pilots that have received original license, 20; number of pilots that have received renewal of license, 202; number of engineers and assistants that have ecived original license, 263; number of engineers # have received renewal of license, 709; number of ex] sions or accidental escape of steam by which life has ‘been lost, Silas 0. Pierce, tagboat; number of lives lost by bmg aceidenta by tire, 6; number of lives lost by Pa ber ; Rumber of accidents by collisién, 18; nam- lives lost by collision, 5; number of steamers wrecked or foundered, 4; number of lives lost, 1 (cook of the stoamsbip Vicksburg, off Fire Island); nurober of steamers out of service 4, with t amounting to 2,360 number of steamers add Vie, 26. Of 14,682 tous, amount of property 16s Ly exvlosion The wheels passed over his right foot, { The steamer is supplied with a eg quantity of pro- visions of all kinds, medicines, clothing, rigging, epars and sails, for the use of any vessel found in a disabled condition or any way in distress. Start- ing from New York the Grant usually rune down the Jersey coast during daylight, speaking ali crafts that appear likely to be in trouble and supplying them | with the needed articles to enable them to safely make | port. A good lookout is kept on the beach to discover any yessel that may be ashore, and if one is found the | Grant, with her powerful engine and her ample supply of immense bawsers, stands in-to tow off, if ssa the unfortunate vessel. If that cannot well dono the crew is taken off and information sent to the under+ | Writers of the situation. Often, at this season of the | year, vessels are fonnd perfectly helplees and unable io navigate, in congoquence of the crew being frost- bitten, In such casos the Grant places an ofiver and crew on board, who bring the ship safely into the port of destination. The government, of course, charges | nothing for its services, and ey Tequires cost price to ‘bo paid for supplies put on board, hen the Grant hag made ber tour to tho Break. water sho returns to Sandy Hook Light at night, and in dayhght again runs up the Long Island coast. Then the waters about Martha’s Vineyard are visited and the various Rees looked into for revenue purposes aid to render aid if needed. About ten days are generally consumed in a cruise. Then the mails are picked up, and the ship is again at sea, This is an outline of the work performed by every cutter on the Atlantic coast, The Grant has just started out for the fifth cruise of the Beason, and will be about probably two weeks, Sho is an iron steamer of about 600 tons burden, with a age direot acting engine, which oer a speed of twelve knots por hour under favorable circumstances. | She ts barkentine ae and sails likoa witch. Her | armament consists of two rifled Dahlgren howitzers, and strict map-of-war discipline is enforced on board. The following is a list of her officers tain, A. Ay | Fengar: First Lieutenant and Exec: cer, Shepherd; Second Lieutenant, David Hall; Third Lieu tenants, John Morrisey, Jr.. John H. Littlo; Chief Engineer, Eugene Vallat; First Assistant Engineer, Alfred Hoyt; Second Assistant Engineer, Domingo Cas» tano; Pilot, Gilbert Jackson. THE STOVE MANUFACTURERS. A LARGE MEETING OF THE NATIONAL ASSOCIA- TION AT DELMONICO’S YESTERDAY, The fifth annual meeting of the National Association of Stove Manufacturers was held at Delthonico’s, Fourteenth stroet and Filth avenue, yesterday morn- ing, at eleven o'clock, There were about 100 gentte- men present, comprising representatives from nearly every prominent stove manufacturing establishment it the United States. Mr. 8, 8. Jewett, of Buffalo, occu- pied the chair. He said that the association, though | only four years old, was strong in the good will and efficient support of those whose Interests it was formed to protect, The first mecting was held !n New York in 1872, and semi-annual meetings have since beon held in Cincinnati, Pittsburg, Long Branch, Albany, Niagara Palls,-Chicago and St Louis. At the commencement of the centennial year they wero again assembled in tho metropolis to take counse) with each other in regard to the condition and prospects of their | pusinesa, The stove trade had necessarily sympathizea with the general depression growing out of the financial situation, and had continued in what might be called a crisis. The constant improvement in the styleand finish of their products bad made retailers chary of buying the old styles; but the trade, however, had been steadily working off its surplus stock, and getting out of the evils of over production. After giving a detailed state- ment of the troubles and drawbacks of the past year | he concluded by saying that he-hoped that tn the future, as in the past, the organization would be made productive of positive advantago in a berger yes of view, and he had full confidence that tt wi ‘be pre- served and made still more effective. In the absence ofthe secretary, Mr, Clark, Mr, Sand was appointed rrep, of Troy, introduced to the association Mr, Henry Stanley, of West Pultney, Vt, now in hie eighty-first year, and the oldest stove manufacturer in the United States, Mr. Stanley was onthusiastically welcomed to the ranks of the association and elected an honorary member for life. The meeting then pro- | ceeded to the eloction of officers for the ensuing year, with the following result:—Presidont, Mr. 8. 8. Jewett, | of Buffalo; Vice Presidents, Messrs. John F. Rathbone, of Albany, and A. E, Chamberlain, of Cincinnatl; Treasurer, Mr. A Bradley, of Pittsburg; Secretary, M: | Josiah Jewett;.Board of Managers, Messrs, Charles Kaay, of Troy; Jordan L. Mott, of Now York; William H. Whitehead, of Chicago; Henry A. Wood, of Bangor, Me., and Isaac A Shephard, of Philadelphia, ‘A’ communication from Mr. Charles Hobb, Secretar of the Stove Manafacturers’ Association ot Philad | phia, was read, inviting the National Association to | hold’ their next mecting in that city, promising to pro- vide a place of meeting and to make their visit gemer- ally pleasant, The invitation was unanimously ac- cep! with a proviso from Mr. Toft, of Detroit, that m ont meeting should be held in Detroit’ Mr. Prott, of Boston, who had been appointed at a pre- vious meeting chairman of a committee to go to Washington for the erage of inducing to pass a law to protect the rights of manufacturers to patterns and improvements, reportod that the commit- j tee had made no great progress, but they had gained a | groat deal of experience in the ways of Congrestmen, | Mr. Pratt said that he had expended about in tho ir. Pi ‘id that he had led sh | furtherance of the work, and op motion it was resolved that cach member be assessed $20 to settle tho bill. | The meeting then adjourned till to-day at eleven | aM. Before retiring Mr. Jordan L. Mott stated that ne had been appointed by the stove manufacturers of New York as spokesman to invite the association to @ light re- t, which he hoped they would do New York the | honor of enjoying. ll then adjourned to the banquet room, where an elegant lunch was chen hae the s0- cial meeting, which was presided over by Mr. Mott, continued till a late hour in the afternoon. Speeches | were made by General Rathbono, Mr, Giles Filley, Mr. | Warren, of Troy; Mr. Pratt, of Boston; Mr. Mott, of | New York, and soveral other gentlemen from differ parte of the Union. A BREWERS’ CONVENTION. A delegation of the German Brewers’ Association of New York and vicinity will leave for Philadelphia to day to attend a convention of the United States Brow- ers’ Association, which has been called to make ar- | rangements for the erection of a building on tbe ( ) tenw Exhibition grounds. The intention is to prepare fora complete exhibition of ail branches of industry connected with beer brewing. THE CUSTOM HOUSE. The question of the reicase from the seizure room of ® quantity of wine, olive oil, brandy, &c., seized by Special Treasury Agents Russel), Stockton and Bibbing from Mr. Guera, at No. 42 Prosident street, Brooklyn, for alleged non-payment of duty, bas been referred by Collector Arthur to the Secretary of the Treasury. Mr. Noble, Chief of the Seizure Department, received for safe keeping yesterday 400 smuggled cigars, cap- tured on the bark Idaho, from Cienfuegos, by the veteran Customs Inspector MeCort, THE DANGER OF COAL GAs. A narrow escape from suffocation by coal gas was ex- perienced on Tuesday night by-the family of Mr. Thomas McConnell, residing at No, 68 Jay street, burping in the stove, Atan early hour in the morning Mrs, McConnell was awakened by a choking sensation, and, getting out of bed, threw open the window for air, On going to the bedside she was shocked to find her busband insensible, and on another couch their four children were in ilar condition, Medical aid was arid and with diMculty they were resusci. They are now believed to be out of denror, ' fuel, and extra | | Brooklyn. They retired on Monday night, leaving a Gre | popalation and the people from the neighboring citi and villages, who carry on thelr Dusiness in New Y. | Placing these at the low estimate of 200, wo hay in this city 1,250,000 corfsumers of Crotormmwater, far back as 18538 the Croton Aqueduct reported to the Common Council that the consum; of Croton water was then nearly ninety gallons daily each inhabitant, It is not greater now per wo make due allowance for the quantity dsed in pas (the Central Park fountains, &c.), for pul ic drinking hydrants, street cleaning and other that have grown up since that timo, aud which, t yielding no revenue, contribute to the health, comfol and pleasyre of the population, Although numero authorities may be quoted to show that thirty to for gallons per day is an ample supply of water for each ing, divids including all the uses to which water applied to sustain civilized life, it would be a error to attribute the addwional fifty or sixty gall head, used in this city, to waste and nothing While 1t cannot be denied that great waste does ocew even that which may, in an ordinary sense, be dered as waste, contributes, toa great extent, to th ‘ith and cleanliness of thé city. All the water i carried off into the sewers. and the more we can affo! to lot tan through private and public sowers ah drains the more offective we render our sewerage Bye! em HOW THE CROTON 18 USED. Various elements combine to create the large con-; sumplion of Croton water, te own excellence an purity Inyite its liberal use, The latest statistics sho that [rom a purely commercial city we have grown to bet pr ayy manufacturing centre on this ‘county of ue 7 of articles manufactured in the county New York exceeds that of any othcr county in the United States, Certain classes of manufacture have be- come establigheg here for no other roason than th purity of the water, which is nccossary to their exis! ence, The city has grown not only in horizontal exe tent—it has aiso grown into the earth and the Where twenty-five Years ago we had buildings of tw or three stories, occupying one half the area of th building lot, we now see the entire ground covered; with two or threo stories underground and five or si: above, with steam heaters, elevators and other mod appiiances—all requiring water to feed them. it has been suggested that by the application of water meters throughout the city the waste or cone sumption could be checked to such an extent as to ol viate the necessity of increasing the supply for man, years. Most of these suggestions can be traced to peos. ple directly or indirectly interested in some meter patent, and while it may be admitted that the use off meters would ie dis: enormous oppressive, the cost of a good water meter beirg gev-: eral times that of a gas meter, and would be bet. tor applied in building the new aqueductand snereasin| the supply so as to obviate for all time necessity o meters. it the water was measured out and gold by: the measure a large portion our people would prace tise economy 1b fie Une to auch. On extent aa to boomed absolu' injurious to the public heal The injury: that aan selaomy tm the use of water may anon “4 densely populated city is incalculable, While we have the opportunity to obtain an‘abundant supply of pui water at a reasonable expense, commencurate to ii benefits, we would never be justified in curtailing ite use. ‘Aithough the application of meters to dwelling houses’ is objectionable, for tho reasons hero stated, it is con- templated to apply them to all large manutacturing es- be whments, This measure is rendered necessary im ° 1a keep the consumption within the capacity of the present aqueduct until a new one can be built. The now aqueduct is not even yet determined upon or aur thorized, and its construction, after all the prelimi- naries of legislation, plans, purchase of Jand, &c., shall have been passed, will occupy a period of at least threa years, No better illustration of tho tnadequacy of present aqueduct could be had than is found in the fac! that, while the area of a cross section of the aqueduct is 53 34-100 square feet, the area of alithe taps in the city through which water is drawn {#140 4-10 fect. At ‘this very date the consumption of water oxceeds the supply coming through the aqueduct. At the slightes§ indications of cold weather the people let the water run from tho faucets continually, especially | {mn the night time, fearing the {iconvenience and damage incurred by the freezing of pipes during last winter, which was unusually severe. Thus Jn a single day the reservoirs have been drawn down several inches, and if this reprehensible practice, for which the temperature bas as yet furnished no occa, sion, continues, the consequences will be severely felt tn the falling off of the supply and pressuro of water, AN ARGUMENT OF SAPBTY. Another advantage of incalculable value presented | by an additional aqueduct consists in the salety, cere tainty and constancy of the water supply. The city reservoirs contain a supply for ten days only, and, im caso of accident to the present aqueduct which would require repairs occupying more than ten days, the supply would entirely cease. It 1s appalling ta contemplate the consequences o! such a contingency, Even now the aqueduct requires repairs which are post. poned because the water cannot be shut off long enougty to make them. With two aqueducts all necessary re- pairs to the one could be thoroughly made, while the other would be sufficient to supply the immediate de« mands. ‘ THE PRACTICABILITY OF A NEW AQUEDUCT. it would be useless to speak of a new een bad we not abundant evidence of the capacity of the Croton basin to furnish the water which it would carry. Tha Croton River drains an area of about 350 square mies, From careful observations by the engincers of th department, extending over 4 period of many years, a is ascertained that an average daily quantity 800,000,000 gallons of water flows over the Croton nearly all of which coald be bronght to this city if, had sufScient storage and aqueduct facilities. plans now presented, the details of which will be in the reports of Mr, Campbell, chief engineer, and Mr. Emmett, assistant engineer, hereto attached, con template the building of « dain on the Croton Ri about one-fourth of a mule abore the head of Lake, to an elevation of thirty feet above the top of tha present dam, forming a settling basin of about 800 acres in extent and a capacity of 1,180,000,000 gallons, From thence a tunnel! isto be cut ee the bill south of the Croton River, thi th which the water aqueduct. The will be conveyed to the bead aqueduct is to be built one described in Mr. Emmett ine, Bronx. Riv route, 36 8-100 miles in length, or the Saw Mill Riv route, 36 52-100 miles in en gone High Bridgo. ‘The masonry aqueduct will not be continued a point in the vielnity of Jerome Park, in the newly ane pexed territory, whore it 18 ‘to build a receiv. Ing reservoir of a capacity of 600,009,000 to, 640,000,000 | gallor The level of this reservoir will be forty-two | feet above that of the Central Park reservoirs, and | from there the water can be carried in iron pipes—the | Silat eerste ane Ree 1 a ie reese ross the Harlem River either on High | by wich can readily be arranged for that purpose, | op the sidewalks of tunnels which the Depart | ment of Parks to build under the Harlem River. Inelther case the expense would be compara. tively small, and the pipes could be laid from time to time, as necessity demands. The new aqueduct is ta have a capacity to deliver 150,000,000 gallons of wat daily, thus increasing the sapply ~4 the two saveducnd w ceo bg gallons por day, with the additional an nest advantage of the elevation or head of the new ly of forty-two fect above that of the Park reservoirs, furnishing abundant water to the highest elevations In the city. by fa Mt she ad’ Tt is upnecessary for me well on the advapta, to be derived from this additional water supply. nee them. Ii may be ro) he revenue from Lroton water, cost of maintaining “the present aqueduct, reservoirs and supply pi ” pow equal to the Interest at six per cent on a capital of | $15,800,000. - The cost of the new aqueduct and setvling | J estimated in round figures at $10,000,000, the interest. | on which at six per cent would amount to $600,000 an- | pually, The rate of increase in the Croton water revenu to = Roseman, ‘hat with the inere; , supply the jonal revenue would be « t ui eterest uflicient to pay ermit me to invite your careful attention to the re- | ports, estimates, is and maps hei attac! | which I fully approve and indore ships | The work of the enginecrs, im earrying out my ins (CONTINUED ON NINTH PAGE.) the two routes