The New York Herald Newspaper, January 21, 1876, Page 8

Vompany. He suer to recover 1,000 for THE COURTS ‘jury to his health wReb the steamer © | Te cceoer, 1088, he Doig J, RG Bisty was oe N mber, be was vertised for sale at H. G. "g office. Andrew Lelia claims to have been t! . He has Drought suit for damages for non-delivery of the ves- sel. The case came on for trial in Court, Circuit, before Judge Lawrence, and prob- ably occupy a day or two, in- was Argument on the Writ of Error in the Case of John Dolan. In the Marine Court yest , before Judge Mo- Adam, a verdict of $750 was rendered inet jes | Brandt for injuries indicted on Edw: Davis, a boy, | #ix years old, tht being bitten by a vicious dog of the Sefeodaai ed ¥ oe in the Supreme Court, Chambet esterday, Judge Barrett an alternative mahdamus 12° compel the Comptroller to indorse his approval on the lease | made by Mary A. Schwartz, in 1875, of a portion of the premises No, 27 Chambers siroet to the Common Coun- | cil, to be used be- The Civil Suits Against William M. Tweed. 7 . SP RTM SPOCNT/ANCRS TWEED'S FORFEITED RECOGNIZANCES. ip e Jarge attendance, attracted by the singular character of ‘the trial, was t, and fistened to the testimony with great interest, Several more witnesses were ex- amined for the prosecution, and thas far the evidence certainly makes a strong case against the defendants Judge Larremore, of the Court of Common Pleas, yesterday granted a peremptory mandamus against the | Comptroller and Commissioner of Public Works requir- dng them to return the bid put in by James McGowan, ‘with the sureties offered, for grading a portion of Madi- A Writ of Habeas Corpus Re- fused for Stokes. There was an argument yesterday in Supremo Court, Chambers, before Judges Davis, Brady | £00 avenue. It is further directed that the Comptroller ; ; ine case of ©Jobn. Dolan, | ®PPTeve the sureties and return them to the Commis- and Daniels, in the caso » | sioner, who in turn is required to execute the contract. convicted of the murder of James H. Noe, Mr. | If the Comptrolicr doeg uot approve the sureties he is William ¥. Hows appeared on behalf of Dolan and | 10 five his reasons for such disayproval. The man- ab pnd aap lamius is returnable on the first Monday in February in District Attorney Puclps on behalf of the People, Tho | {he General Term of the Gourt of Common Pleas? facts of the case are too well known to require any Alexander Babb, chief officer ou the schooner Jesse repetition. In addition to the points raised by Mr. | Elizabeth, was yesterday brought before United States » a Commissioner Osborn for examination on a charge of Howe on the various applications for a stay of proceed- | smuggling 6,000 cigurs into this port. The evidence ings, three new points were raised. Tho first point | Was to the effect that Babb, upon arriving in the harbor, raised was that the first two counts in the indictment | ?hchered off the i Son, shore, waae pe one i ry ferred the cigars from his own schooner the | are bad for duplicity; that in the first count there are | gehooner S$, G. Knight, lying at picr No. 47 North | Iwo distinct offences charged, the first parageaph con- | River. Captain Pratt, of the schooner §, G. Knight, | taining all the necessary averments of au indictment | Was arrested, and Commissioner Osborn held him in | for burglary in the third degree and the remaining par- | £100 ball for examination to-day. Babb waived an | agraph charging the offence of manslaughter | A will drawn by a man dying in Andersonville in (We first degree. it was insisted that the | Prison was Foaterday Glod in the Surrogate’s Court. : X com. | Lt Was signed by John Burk, Cuptain of company C, o} crime therein charged is murder at COM- | the Ninetieth Pennsylvania Volunteers. The will was mon Jaw, but not murder within the | written by a friend named Michael Dougherty, and is while under | @ttested to by two members of the Sixth Kentucky | Volunteers, who were incarcerated in this prison at | | the time. ‘Phe will leaves all his little property, whieh | | principally consisted of pay due him from the govern- ment, to arelative named Bernard McKevitt. It was written upon a very dirty and greasy piece of note paper, very much crumpled and worn. Daniel Bates, late President of the Third Avenue Savings Bank, 1b his cross-oxamination yesterday in a provisions of the statute now existing, that count the defendant, it wis claimed, could have been convicted of two distinct offences—of burglary in the third degree and manslaughter in the first degree, and the conviction for either of these two offences | would have been good and would be sustained by the Court, It was contonded that the defendant could not At the same time and upon the same indicunent be turned to this city, only to enter am be dee" ‘The mar- riage contract alluded to was muni by the courts, Thompson's Pmeny at the time of the cere- mony being IX A TIGHT PLACE. Roundsman Kelly, of the Eighteenth precinct, ar- rested, on Wednesday night, Francis Kennody, of No. S11 East Fortieth street, on suspicion of having stabbed William Donahue, of No. 641 First avenue, on New Year's Day, Kennedy, when searched, produced a formidable set of metal knuckles, which he said he carried for his protection, Donahue identified Ki nedy as his assailant, and he was held for trial on a charge of felonious assault, He was subsequently identified as the accomplice of Patrick wi attempted to shoot Officer Ward, of the Nini ub pre- cinct, Brooklyn, on Tuesday a, when he attempred to arrest the two on suspicion of burglary, COURT CALENDARS—THIS DAY. Surrexe Court—Cnamners—Held by Judge Bar- rett.—Nos, 71, 93,122 Call 138 to 175 inclusive. Scrreme Covrt—Sreciat Term—Held by Judge Dono- hae—Nos. 13, 165, 179, 238, 245, 247, 251, 255, 263, 269, 270, "271, 273, 275, 276, 27%, 278, 279, 280, 285, 286, 287, 288, 280) 293, 204 205,200, 208, 906, 307, 368, 310, 41, ScrReMe CovxT—Gmnerau Tenn—Held by Judges Davis, Brady and Daniels. —Nos, 12, .3, 4, 5, 20, 25, 29, 31, 85, 52, 534, 54, 55, 66, 59, 02, 4, '65, 08, 74, 78, 10, 36; 42; 46, 47, 60, 60, 72, &1. BuPREME Covrt—Ciacuit—Part 1—Held by totes Van Vorst.—Short cause 8, 1003, 1523, 1999, 2013, 1465, 1819, 1879, 3505, 37 2209. Part 2—Held by Judge Westbrook.—Sho causes—Nos. 1824, 2096, 2342, 2940, 21221, 1708, 1776, 1624, 1810, 1658, 1852, 1858, 16043¢, 1308, ""1404,' 2159 2216, 1280, 182034, 792, 950, 1864," 1772%, 1978, 198) 2174, 2018, 2276, 2346, 2348, dios, 114, 1756, 2032, 2339, 8404; 3406, Part 3—Held'by Judge Lawrence,—Short causes—Nos, 1613, 1631, 1632, 1933, 1777, 978, 1349, 1559, 1565, 1815, 2253, 2043, 571, 2219, 1091, 174134, ScpsRiok COURT—GuNERAL TeRM.—Adjourned for the term. Svrenior Covrt—Tniat Tenw—Part 1—Hteld by Chief —Nos, 1743, 879, 863, 741, 709, 809, 761 5, 787, 1361, 1907, 771. ‘Part 2—Held d .—Case'on, No, 960, Heilbrott va, New York Lite Insurance Company, No day calendar. Surenion Covrt—Sruciat TeRM—Held by Judge Nos. 8, 14, eas—'RIAL ‘TenM—Part 1—Held by Judge 3, Burke ve, Gardner et . y 2 Held by Judge Van Brunt.—Short causes—Nos, 2087, 1835, 2251, 1477, 2103, 2241, 1608, 2064, 20403, 1908, ‘2054,’ 2246, 2247; 2117, 2; 2065, 2233, 220155, 2250, 2321, 2323, 2056, 1921, | 2083, 2271, 1753. Common Pixas—Equity Tsru—Held by Judge Joseph F. Dal 08. 18, 19. » IAL TERM—Part 1—Held by Chief Marine Court—' tried and convicted of both these offences, for the | suit in which ho is plaintiff, did not give a very flatter- | Justice Shea —Nos. 3733, 2282, 5456, 224, Feason that they are separate and distinct felonies of | count of himéclt as director, member of the Fi- | 9¥98, 2707, 3724, 3790, 3769, 8319, 6163, 786, 879%, Jart 2— different grades and to which different penalties are at. ¢ Committee and President of the Bank. Held by Judge McAdam.—Nos,’ 4’ 6214, 5733, 6333, tached, This oljection, it was further urged, applies | Gunther K. Ackerman, clerk in the Finance Depart- 6492, 6488, 6385, 3468, 8492, 3718, 5136, S846, 6231, 3798, to the second only authority Courts of Indictments to Courts of Oyer and unt. Tho next point was that the | ment, in a suit against the city got a verdict yesterday | S 8 have to send | allowing repayment of twenty per cent deduction on | Te ‘| one month’s salary, pursuant to the genera! order of erminer is found’! 8796 Part 3—Held by Judge Shoridan.—Nos,’ 6224, 6403, 656, 6507, 6483, 3080, 3782, 5180, 678, 5871, 6240, 5768, 5770, 4042, 4049, 1839, 3407, 2247, 2055, ak | in the third Revised Statutes, fifth edition, page 303, sections 6 and 7, which provide that “the several Courts of Sessions shall send al! indictments for of- fences not triable therein to the next Court of Oyer and Terminer and jail delivery to be held in their re- Epective counties, then to be determined according to daw. It was urged that this section only authorizes Courts of General Sessions to order an indictment to be sent to the next Court of Oyer and Terminer, and that the Court of Oyer and Terminer which tried the tif ip error was net the ‘next,’ but was the ‘same term” which was in existence when the indictment in the case at bar was ordered into the Court of Oyer and Yerminer, The third new point was thatthe jury found the plaintiff in error guilty of murder tn the first degree; that there are two counts in tho indictment which purported to charge him with murder in the first degrce white in the act of committing a felony; and an- other count charging him with murder in the first degree from a doliberate and promeditated design to offect death; that the people relied upon the two firet counts, and that it was to those that the minds of the jury were mainly dirceted. Under this point it was sub- mitted that a general verdict of guilty of murder in the first degree, as charged in the indictment, would hot be good as to those counts, for the reason that, ‘under the latter count in the indictment, the jury, 1n finding a verdict thereapon in the first degrec, would necessarily have to find that the killing was with a do- Jiberate and premeditated dosign te effect death, while under the two former counts they could not so find, but | Would necessarily have to find that such killing was | done without a@ deliberate and premeditated design to effect death, but that the same was done by the accused while in the act of committing some other felony. The facts | and circumstances charged in tho two former counts, and which inust necessarily be found before a yerdict can be rendered upon either, it was claimed, are incom- | atible with those in the latter count and they cannot | e harmonized by verdict, and that when the offence of Murder 1s charged in an indictment as having been donc from a deliberate and premoditated design to effect death, and also whilo in the commission of geome citer iviony, a verdict of ¢ount, cannot be genoral, but a special verdict must be found, finding and expressing the facts upon which it is founded. In connection with his argument. Mr. Howe submitted a bill of exceptions, the same being brought into court by an alias writ of orror. Mr. reate made an extended argument in reply, aleo substantially recapitulating the points rat prior argument of the case. He insisted that the bill of exceptions was irregular, having been sealed aiter the expiration of the term against the protest of the Dis. | trict Attorney, and that, therefore, ought not to be con- sidered upon this argument, If the bill of exceptions is to be considered it presents, he insisted, but two questions, Inthe first of the ‘prisoner's requests to charge he asked the Court to instruct the Jury. that, ‘qs matter of law upon tho evidence, they should not convict ofr murder in the first degree under the first | count jn the indictment,” and exception was taken to the refusal so to charge. The first count sets out that the prisoner was engaged In the commission of a feiony—to Wit, burglary, and that, while so | engaged, he did wilfally’ and felontously — kill | and murder against the form of the statute. The point raised by the request seems to be that the evidence was insnificient to sustain a conviction under the first count, It is difficult to see how any error can ‘be claimed in its refusal. There was certainly suiticiont evidence to go to the jury upon the question of Durglary andalso upon that of homicide. If by a forced construction of the language of the request it is claimed that it covers an aseault upon the pleading in the first count as not setting out the offence of murder dn the first degree it is equally untenable. The count ass nothing about design to effect death, and 1s there- | fore equally well pleaced whatever construction may De given to the language of tie third clause of the sec- Mon defining murder in the first degree. The rule of construction applicable to this case is to be found m the charge of the Court, to which no exeoption was takon, that if the jury found that the prisoner was en gaged’ in the commisefon of a felony aud while | Bo ongaged killed Mr. Noe that was enough and they nced make no inquiry as to his design. “As to the transfer of the cage to ghe Court of Oyer and Terminer he claimed that the | * language of tho statute is intended to secure prompt trial in the Oyer and Terminer, and the Court is re- quired to send the case to the next, thatis nearest, Court of Oyer and Termincr, not the next term but the next court, ratbor than to a later one. from which this Court ig advised that the Court o: Oyer and Terminer, to which this ca-e Waa sent, was NOt the next court after the order. any e atany head of the proceedings, should have been taken at the trial, — The Court of Oyer and Ter- miner being of controlling criminal jurisdiction, had abundant authority to try this cause whether sent there by the Sessions, or removed by an order of a Jus- tice of the Supreme Court, or without either. Be in- 4, in conclusion, that the judgment and con- ion should be affirmed, ¢ v At the close of the argument the Court took the | papers, reserving decision. THE TWEED CIVIL SUITS. * ine jury obtained to try the one million suit | Against Tweed, appeared in court yesterday before Judge Westbrook, Tho latter briefly addressed them on their duty as jurors, and then discharged them until Monday soorning at half-past ton o'clock, when the | Arial will begin. Jonn Taylor, J. Norton, William P D. Davis, Gordon Norrie, Emil Oeberinan, John H. Caswell, Robert K. Davis, Charles Col! Arthur Peabody, Julius Catlin, Frederick -W. Rnimelander and Adolph Haligarten, In the afternoon the clisors, ex-Judge Peabody and Mr. George 8. Babock, appointed to draw a new The following is @ list of the Jury:— Douglas, Samuel struck jury in the $6,009,000 sult against Tweed, met in | the County Clerk’s office, and selected the following gentlemen :— Alvert F. Day, Charles H. Harriman, Jobn Mott, John H. Reed, John N, Bradley, James N. Con stable, Fred W. Dow Charles Ely, Henry EF. Lawrence, James M. Mills, Edward Otthout, Parish, Jr.; James F. Souter, Edmund Frederick #. Townsend, Theodore F. Vail, George C, Whitmore, George W. Carlton, ward Hieks Caric, John H. Bentley. William 1. Pell, William 1. Strong. TWEED'S RECOGNIZANCRE, Some consideradle time was occupied yesterday by ening to ment on the — from Judge Donohue's he recognizances of Charles 4 A. B. Sanda, suretics for William M. Tweed 10us criminal indictments found against him. ley Field appoared on behalf of the surcties Savetan- | Original declare | the Supreme Court (General Term) Judges the ing forfeited Dur District Attor y Phelps in opporition motion in the Court of Oyer and Term the reeognizances forfeited, The Court took Papers. SUMMARY OF LAW CASES. The Grand Juries for the Oyer aud Terminer and General Seseions for next month wore drawn |e tha | Bupreme Court, Chambers, before Judge Barrett. Judge | Barrett bas appointed Philo T, Ruggles referee, to take festimony as to the amount of services performed by | ional | Bank, compensation to be at the rate of ach services | Wheodore W Davis, receiver of tho Ocean, » pllowed under the laws of thie State, ‘The suit of the United States Lory, ana Trust Com- | Hit ie pany againat Burns & Dobbins wr 4g yesterday after filing | og Bhe necessary lonns, remove’) from ine State to the | Federal Court, ‘The trial was begun © « Bowie Levine’ .y against tho Oceavic Stcam guilty, based upon either i at the | There was tiaras Eagan, James Fitzgerald and W: The objection, !f of Daniel Thompson, Jenkins, Jr.; Alfred @sierday in the United States : @ircnit Court befors Jyage Shipman in the case of | Navieation | | the Board of Audit and Apportionment, DECISIONS JANUARY 20. SUPREME COURT—CHAMBERS, By Judge Barrett. Porter ve. Robinson.—The relator 13 entitled to be | discharged upon the ground that there was a want of Jurisdiction. The People ex rel. Stokes va, Tho Warden of tho State | Prison at Sing Sing —Motion denied. Opinion, | By Judge Lawrence. | Matter of Ward, &c., and matter of Wara— Granted, | | American Grocer Publishing Association vs. Publishing Company.—Order granted, SUPERIOR COURT—SPECIAL TERM. ve By Judge Sedgwick. Knott vs. Daly and Cannon ys. Scott ot al.—Orders settled. By Judge Sanford. Kunheidt ys. Thrall et al Reference ordered. Moore vs Bartlett and Cummings ys. Cassidy et al— | | Orders granted, | COMMON PLEAS—GEFERAL TERM. By Judge Larremore | The People, &c., vs. Van Nort and another. —Per- emptory writ of mandamus made returnable first Mon- | day of February, 1876, i COMMON PLEAS—EQUITY TERM. By Jadgo Robinson. | Hennessey vs. Wheeler, Hennessey ye. Townsend and Hennessey ys. Cullman,—Plaintiff’s trade mark on bottles representing quarts and pints denied protection | by Injunction for intentional short measurement and | deceit in quantities, Complaints dismissed with costs. | Opinion. | COURT OF GENERAL SESSIONS. | Bofore Judge Gildersleeve, | MRS, MEHRTON’S VISITORS. On the 17th of October Mrs, C, Mehrton, living at | No. 71 Montgomery street, left her apartment on the first floor to show the store beneath to an intending | | tenant, and on returning found {he apartments in a | State of confusion, trunks, drawers and wardrobes | being broken open, and about §300 worth of wearing apparel and jewelry gone, burglars having effected an | entrance from the rear of the premises. Officers Mul- Jens and Daniels subsequently arrested Daniel Crow- ley, William Adams and William Hayes, in whose pos- | session wore found portions of the stolon property and | pawn tickets representing the greater part of the re- | | mainder. Adame pleaded guilty, and was sent to State | Prison, and Hayes, who turned State’s evidence, was | used by District Attorney Beil on the trial of Crowley, | testifying that the jewelry and pawn tickets found on | his person had been given him” by the latter. Crow- | ley, who tsa painter and livod at No. 62 Montgomery eet, was found guilty of receiving stolen goods, and | was sentenced by Judge Gildersleeve@ to two years and | | gix months in Sing Sing. THEY DID NOT BELIEVE HIM, James Murphy,-who is a notoriously bad character, | well known to the residents of the upper part of the | island, although of highly respectable connections, was | placed on trial, charged with stealing $2 25 from the change pocket of William H. Scofield, a conductor on the Morrisania Railroad, of which linc Murphy's father was formerly superintendent. Murphy denied the theft, but being of bad character, the jury did not be- heve him, and found a verdict of petit larceny, on | which he was sentenced by Judge Gildorsleeve fo six | months 1m the Penitentiary, He was also sentenced to | a further term of ono year in the same institution, hay- | ing on Wednesday pleaded guilty to an indictment for wulting OMcer Heinz, of the Thirty,third precinct, while the latter was eudcavoring to arrest bin for @ larceny. Grocer | DOG FIGHTERS IN TROUBLE. | John Guilery, proprietor of the premises No. 73 | | Montgomery street, together with John Cochran, Mor- | | rs Fitzgerald, John White, Matthew Manning, Peter | m Watson, who | were arrested by the oificers of Mr. Bergh’s society and the police officers of the Seventh precinct for carrying - on a dog fight on Gullery’s premises on the 13th inst, wore all calied up for arraignment and pleaded not guilty. j PERSE S | WASHINGTON PLACE POLICE COURT, Before Judgo Kilbreth. ™ ATTEMPTED BURGLARY, Charles Sailor, of No, 212 East Eighteonth street, was held in $1,000 to answer for burglariously entering | | the liquor saloon of J. P. Corrigan, No, 45 Eighth ave- | i | i | | nue, and attempting to carry away $2,000 worth of | liquors and cigare, GRAND LARCENY, On Wednesday last Jano Van Hoesen, of No. 158 West Fighteenth strect, cailed on Leah Mullholland, of No. 164 West Eighteenth strect, and asked for ten ' | cents. drink Jane decamped with a watch chain and breast- in, valued at $100. She took the watch and chain to | William Connor's liquor store, No, 132 West Noncteenth sireet, who gave her a bottle of liquor and $11. Jane | held for trial and Connor for receiving stolen ESSEX MARKET POLICE COURT. Bolore Judge Otterbourg. THE USURY Law. On March 15 last Ellick Pullock, of No, 355 West Twenty-sixth street, discounted a note of $778 for B. Hockstadter, at the rate of twelve per cent interest, Subsequently he had the note discounted at the Ger- mavia Bank, %In May Puilock failed and made an aseigoment, and when the ¢ fell due in June he was unable to pay it. Suit was brought against him in the Marine Court, and during the trial the fact was elicited | hat he had violated the usory dgment was given against bim, but as the bai were hope- Teas of ever sccurt y ed to have | redress by proceeding against him criminally, He was | yesterday held in $1,000 for examination: | LARCENY FROM THE PERSON, | Anthony Fay and Lowis Kruz were hold in $2,500 | each for stealing a watch and chain from John Ss j | | the | of No, 288 East Tenth street, whilo the tatter was | | going up First avenue, at a late hour on Wednesday \ night, FIPTY-SEVENTH STREET COURT, Before Judge Murray, THE AFY. MR, THOMPSON DECEERED INSANE AND SENT TO AN ASYLUM. Dre. Eltiott and Smith examined yesterday the Rey Jolin James Thompson, who was arrested on Wednes- acbarge of indecently assaulting a young lady, nity was established, and, the criminal charge g been withdrawn, Mr, Thompson was committed ningdale Asylum tor the Insane. He has nate of that institétion before, hig fits of in- fanity being periodical, On one occasion Thompson astonishod bis trends by hie sudden marriage with a lady in Orange county, lis birthplace, and his Sight to Europe a day or two after, Un reaching the ether side af tha Atlentic be refused 9 leave she steamer, aud re | day on Bic | Holens | The astonished Inspector could While Mrs. Maltholiand went to purchaso a | sleeve.—The Peoplo vs. James Simpson, felonious Ourley and Jobn Keenan, burglary; Same vs. Philij Knell and William Knell,’ burglary; Same vs. Josep! Cornel and John McAleer, burglary; Same vs. Frank Ennis, grand larceny; ‘Same vs. Wililam Borg, burglary; Same ys. Thomas Nevins, grand larceny; Same va.’ Lizaic Cutler, grand larceny; Same vs. Jame Kooney and John Mooney, grand larceny; Same vs. | James McCum, grand larceny; Bame ys. James Ryan, and larceny; Same vs, David Murphy, grand larceny; Sume vs. Michael Roach, grand larceny; Same vs. James Cullun, grand larceny; Same va. | James Quirk, petit larceny; Same vs, Walter Byrnes, assault and battery; Same vs, Margaret A. assault and battery, COURT OF APPEALS, Aupayy, Jan, 20, 1876, In the Court of Appeals to-day the following business was transacted ;— No. 139, Wm, Morthorst, respondent, York Central and Hudson Railroad Com) lants.—Argued by A. P. Laning, of counsel lants, and by John H. Martindale for respondent, No! 69. William J. Comins ct, al., appellants, ve. Tho Board of Supervisors of Jefferson dents,—Submitted by appellants and argued by Goorgo F, Comstock for respondents, No. 143, The Standard Oil Company, appellanfa, vs. The Triumph Insurance Company, respondents.—Ar- geet ea §. Hand, of counsel for appellants, and by james Emott for respondents, No. 182, Elias~G. Brown, appellant, ys. Henry L. Voikenning et. al., respondents—Argued by A. J. Parker, of counsel for appellants, and by 8, Hand for re- gpondents. Proclamation mace and Court adjourned. COURT CALENDAR. The following is the Day Calendar, Court of Appeals, for Friday, January 21, 1876:—Nos. 61, 131, Urs 147, 149, 150, 163 and 154, SUPREME COURT CALENDAR. ALBANY, Jan. 20, 1876. The following is the enlendar of the Supreme Court, General Term, for Friday, January 21:—Nos, 26, 60, 99, 102, 30, 62, 67, bs, 78, 110, 117, 37,123, 126, 127, 1! 331,'132 and 1: UNITED STATES SUPREME COURT, Wasuincton, Jan 19, 1876, In the United States Supreme Court yesterday the following case was argued :— No. 545. Potts, Governor, et al. vs. Chumosero and Johnston.—Error to the Supreme Court of the Terti- tory of Montana.—This was a proceeding to compel the, Governor and other officors of the Territory to canyass ‘cara, The New ing the capito) of the Territory from Virginia City to the allegations being that the Board failed to have before them the proper returns of ono of the coun- ties, but a fraudulent return which falsely represented the ‘votes to be almost unanimous against removal, and thereby causing the decision of the Board to be that the votes cast on the question were against removal. The decision below was that the Board, neglecting to have the proper returns before | them, had failed In their duty, and a writ of mandamus | was issued compelling them to canvass anew the re- turns. It is here urged that the Court below had no juris- iction, because the writ of mandamus Is the exercise of original jurisdiction, and the Supreme Court of the Territory $s'a court of appellate jurisdiction cnly; and also on the merits that thore was error in holding that the petitioners wore entitled to invoke the remedy of | the writ granted; also that the Court erred in not granting a jury trial of the Sexues Involved. J. C. Gar- eld for plainiitfs in error, R. I. Merrick opposed. A RAILROAD COMPANY MULCTED, The suit brought by William F. Engichart in the | Supreme Court, Kings county, to recover $20,000 dam- ages against the Broadway Railroad Company for inju- ries to his son, who was ran over by a car in August last, was concluded yesterday, and a verdict rendered for plaintiff, Young Englehart lost his left foot by the accident, The jury awarded him $10,000 damages, Tho case will be taken to the Court of Appeals, “NIBS’” UNFORTUNATE SLEEP. Inspector Thorne had his sense of propriety greatly shocked yesterday morning. Fatering the Superin- tendont’s office at an early hour to consult with that official, he saw seated In his easy chair a notorious pickpocket, known to the police as “Nibs,’? fast asleep. hardly credit his senses as he gazed on the usurper, who, unconscious of everything, slept on. An unceromonious shake and “‘Nibs”” opened nis eyes. As he saw the irate Inspeo- tor and realized the awful error he had made in | {ng to sleep in such a place, he made a vigorous but | Unguccesstul auempt to smile, and tried to explain | that It was agoke, His explanation, however, was un- satisfactory, and ata aignal trom the Inspector, Officer | Rush took him to the Washington Place Police Court, | It is thought that the unfortunate “Nibs,”’ being on a | debauch, wandered to the Central Office and, sitting down, fell asleep unintentionally, THE BLEECKER STREET RAILROAD, ‘A moeting of the stockholders of the Bleecker Street | and Fulton Ferry Railroad was held yesterday at the | depot, in Tenth avenue, near Twelfth street, tor the | purpose of electing a Board of Directors, Considora- | ble electionéering was done, and whem at last every. thing was ready for the depositing of ballots one gen- | tleman stepped up to the table and requested that the | voting be deferred for a few moments, as Mr. Fowler, counsel for the receiver, Mr. Southworth, wished to make a statement. Thereupon Mr Fowler came for- ward and began reading from a large roll of manu- | geript. The receiver had, he said, made certain redue- | tions in the expenses and changes in the management of the road, The receipts had increased thirty-three and one-third per cent under Mr, Southworth’s admin. istration, When the receiver took charge of the road be found a number of irregularities existing, which had | since been elected :—David Jones, Weed, G. W. Gritith, J: B. Kerr, R. J. Brown, M. H, Murphy, R. H. Codlipp, Sheridan Shook, J. Sharpe and George Starr, OVERCROWDING OF STREET CARS. New York, Jan. 19, 1876, ‘fo me Eprron of rae Hersty.— Tam constrained by your two late valuable editorials ‘on seats in street cars to acknowledge your good ser- | viees in the cause, However, as I }ook at the matter, I foar were such a law as you advocate in force that there would be timer when many persons would get HO paseage home at all, but have to stump it, while there was plenty of standing room in the cars that pass them, Therefore I propose that a lower fare be charged when no seat is got, or at least until one is provided, Thie plan would induce the car companies to pat Om more cars, and yet not deprive a passenger of | @ passage in caso of athrong. At firetlook the punch system might be disturbed, but @ Jitle planning may | Sesowor unis, Yours truly, WULCAN, adjusted. he following ticket was B, Beadleston, Thurlow Court ov GENEXAL Sassioxs—Held by Judge Gilder- | assault and battery; Same vs. James Murphy, Jobn | ny, appel- | tor appel- | mpany, respon- | a socond time tho votes cast on the question of remoy- | Conover, W. L. Charlow, T. | _ JUVENILE. DEPRAVITY, At half-past seven yesterday morning Reundsman Wallace, of the Twenty-ninth ggecinct, saw smoke sssuing from the cellar of the liquor store No. 113 West Twenty-third street. He went into the saloon and on going down statre saw that the fire was in a large stack of woog <A few buckets of water quonebed the flames Defore they had made any headway, and then the Toundsman came back to the store and found two boys in charge. He knew that the fire was purposely made and thought he would talk to the boys. He therefore took the boys separately, and with much hesitation each confessed that he had set the store on fire, The proprictor, Mr. Ferdinand Welshaeffer, bearing the noise came down stairs, and on bearing the facts caused ‘the arrest of the two boys and they were brought be- fore sudee Kilbreth, at the Washington Place Police ‘Court, On examination they described thomsclves as follows:—Jobn Jogeph Lang, aged seventeen years, ; of No. 1,437 Third avenue, oat’ Thomas Dennon, of No. | 117 West Twenty-fourth street, Lang, who is the bar- | keeper of the place, stated that the idea of setting the | Store on fre originated with Dennon, and he agreed to the proposition, but he did not do it himself, Dennon went out and bought a bottle of alcohol, took a sponge and aipyed it in the fluid, went to the cellar and with | the aid of some paper started the fire. Deunon was a bootblack and got his custom im the store. He received $125 from Mr, Welshaeffer on the day previous to de- posit in the Second National Bank. He kept the money, but entered the amount in the bankbook, as if it had been deposited. This | divided with Lang, and he purchased some | oxalic acid with whieh to poison the proprietor. Mr. Walshae(fer said that John Lang attended bar for him, and that Thomas Dennon was a bootblack who | was given the privilege of the store; at half-pasd | seven o'clock yesterday morning Dennon came up stairs and handed him $125 and said he had not given it to the bank. The prisoners were held in $3,000 each to answer, Lang admitted a service of four years at the House of Reiuge for larceny when he was twelve years of age. A VICTIM OF WANT. Early yesterday morning word was brought to the Seventeenth precinct station house that the body of Angust Saeger had been discovered by his sister-in-law Jying on the roar stoop of No. 646 Fifth street, he hav- | ing shot himself twice in the chest and once in the right side of the head. Permission having been ob- tained from the Coroner, the body was shortly after- | ward removed to his own residence, No. 517 Fifth strect. The cause of his suicide was depression of spirits on account of low wages, ‘The deceased was a native of Germany, whence he recently emigrated, He was about thirty-five years old, had dark hair and mustache, and was altogether rather handsome man, He leaves a wife and one child, about six years old, whose only support he was, The act by which he ciosed his life was certainly | premeditated for some time, as it appears that | afew days previously he had asked his wife for some | Money and received $11 from her. With this money he must have bought the pistol with which he com- mitted the fatal act, Depression of spirits on account | of the trouble to get work and the small amount of pay received seems to havo been the principal causes of the | suicide. He was earning about $8 a week sawing tim- was 10 | | for the last five weeks. He had been pevaey en- porte in a gas house, but a disease of she lungs com- | pelled him to give up bis position. Only a few days | ago he told his sister-in-law that he was unable to support his family with the wages he ‘Was receiving. On Wednesday night he went out with @ friend, who proposed to initiate him into a German singing society, but left him at six o’clock, apparently in good epirite, Nothing was seen of him from that time unti! about two o’clock the next morning, when his sister-in-law heard the report of a pistol im the rear | of her residence, and asked a-Mr. Joseph Bour, who was residing in the same house, to go down with her and see what was the tronble. They went down and | | found the deceased sitting in the doorway, the pistol | ne had used lying on t toop in front of him and ! already extinct. In his vest pocket was found a paper, on which was written in German the following words:. “diy name is August Sacger, dwelling No. 517 East | Fifth street, I have done it myself,”” He is said to have been a man of very regular habits and very kind to his family, He was hever known to have carried a pistol before. His parents, who live in Germany, are suid to be in good circumstances. CAPTAIN BOYTON’S EXHIBITION. Yesterday afternoon Captain Paul Boyton gave at the Cunard dock, Jersey City, an aquatic exbibition ‘with his new life-saving dress. There were about 4,000 persons of both sexes present. Captain Boyton’s outfit meluded all the novel appliances used by the exhibitor in the Atlantic when he Janded on the coast of Ireland during a territle galo in October, 1864; on his memorable trip down the Rhine, for a distance of over 400 miles, and aigo upon the occasion of his trips across the Straits of Dover ast Boyton left the Darcy House a little before three orelock P.M; and, encased in hisiife-saving dross, 4 walked ainid a large crowd of wondering spectators to | the Cunard dock, where he entered the water at three o'clock. He showed the different modes of locomotion | | in the water, with and without a propelling paddle— sailing, floating and standing upright. He bore a fiag, to indicate the locality of the Hoater to passing ships, showed the method of sending despatches by carrier | pigeons, formed a raft from the débris of a wreck, | made signals of distress, fished (successfully), cooke: | his dinner on the newly formed raft, smoked and read the Heraxp, shot a fowling piece with great rapidity in opposite directions; throw up night signals, rockets, | aud fired signal shells; illustrated the manner of saving | aman who fallen overboard, and finally blew up very successfully a model of an enemy's ship, to the stern of which he aMxed a torpedo. At the close of his performances Boyton was re- | warded with much applause and received several floral | offerings, He oxpredses his willingness to give an ex. | hibition in Central Park for the benetit of the poor of New York if the proper parties will take the matter | in hand, ARCADIAN CLUB DINNER. Among the invited guests expected at the monthly Arcadian Club dinner to-morrow evening are General W. 8. Hancock, Paul B. Du Chaillu and Bret Harte. +President Robert Roosevelt will ocgupy the chair, WARNING TO THE OHARXTABLE, ‘The Board of United Charities warn the public of a woman giving her name as Lottie Markham, alias Lottie Charles, who is in the habit of representing her- self as the wife of a man confined in the Home for In- curaBlos, Her mother died last week for the past three years. Two of her children, she says, are under the care of the Commissioners of Charities and Correction. She tells a plansible story, and has succeeded in vietim- faing merchants bankers and professional men, and | was also successful in having her name cnrolled on the books of several benevolent organizations and receiving a weekly allowance from each. THE EXEMPT FIREMEN’S FUND. At the annual meeting of the Association of Exempt Firemen held a few evenings sinee, Mr, John 8, Giles | was re-elected as Treasurer of the Exempt Firemen’s Yenevolent Fund. Mr. James Y. Watkins, Jr., was | elected Treasurer of the assocfation, SEAMEN’S READING ROOM. ‘The reading rooms of the New York Port Soclety for | Seamen, at No. 46 Catherine and No, 278 Maaison | streets, record 32,878 visite during the past year, LIFE INSURANCE MEETING. A quarterly moeting of the Chamber of Life Insurance , was held yesterday. A report from the Law Commit- | tee reviewed the legal questions of 1875. In order to secure early publication of yearly statistics blank re- | ports have ben sent to the insurance departments of | the several States, with the request that they be filled | out and returned at once. Representatives of the several coal mining, carrying | and selling interests met yesterday at the office of the Delaware and Hudson Canal Company, and resolved | upon an entire suspension of mining anthracite coal | during the five weeks between February 7 and March . THE BOARD OF TRADE. A Currency Committee of the Board of Trade, con- sisting of Messrs, George Opdyke, W. Orton, Sinclair | Tousey and others, held a meeting at the Stevens House | The | prmeipal points of the proposed memorial to Congress | were Tey diecussed. Mr, Opdyke was requested to prepare the memorial and to submit a draft thereof to the committee at its adjourned meeting at the same place next Wednesday evening. WESTWARD, HO! Charles de Grath, alias Charles Hainos, quack medl- | cine’ man, alleged bigamist and perjorer, lef Jersey | Guy last evening for Cairo, TIL, in charge of Sheriff Irvine, of that place, and Police OMcer Wright, of Hoboken, who captured him last Sunday, The requisi- jon to the Governor of Now Jersey for his return to Tittnows ‘was obtained from the Governor of that State by wife No. 1, who is doing her best to be revenged on her faithless husband. De Grath started for the West under asimilar condition three months ago, but effected his cseape from the train while pase | | last evening, with Mr. Opdyke in the chair. ber in a factory in Chrystie street, whore he bas becn | tras: which | witness if any doubting delegate may cross-examme COAL MINING TO BE SUSPDNDED, | ‘ NEW YORK HERALD, FRIDAY, JANUARY 21, 1876-WITH SUPPLEMENT. THE MOULTON-BEECHER OOUNCIL es CORRESPONDENCE SETWEEN MRS. EMMA C. MOULTON AND EER COUNSEL, JOSHUA M. VaN COTT, ‘To answer the numerous inguiries whether Mrs. Moul ton intends to take any further action in the Plymouth burch matter.she bas consented to the publication of the following correspondence between herself and her counsel :— * Brooxiyx, Jan. 17, 1876, My Dsar Sm:—I ask attention to the Friday evening proceedings of oth church, as reported in last Saturday morning's papers. Mr. Beecher and the church people could not cenceal their exultation over their escape from a mutual council and from the nga of the facts known to me, but not yet made pub- lic. I particularly ask your attention to the answer made to your statement of the case of President Ed- wards to Mr. Beecher’s description of his interviews with and to bis charge, not that I had misunder- stood what he had said to me, but that I had covered my head with pare. Please advise me whether I ought, under the circumstances, to make any further effort at present to vindicate myself from bis coarse slander or to expose his wickedness before a church council or otherwise. Iwill be much obliged if you will favor me with an early answer. Very truly you! EMMA C. MOULTON. Brooxyy, Jan. 20, 1876. My Dsar Mrs. Moviroxy:—My painful domestic anxieties have prevented an carlier reply to your note of the 17th January. It has seemed to me that what I had written to the committee of Plymouth church, and what Mr. Beecher said at the church meeting you refer to, was under the public cye, andgthat an Siligbiened poke would deal wisely with the facts. The point ot ident Edwards’ caso was the abuse and mis- chief of the device of excluding churches either party might desire to select, That point was not answered, but was sought to be evaded by saying ‘See what mis- chief was done by composing the council of Iooal churches and excluding distant churches.” But you know that we did not desire to constitute the council of local churches and exclude distant churches. On the contrary, we agreed upon oy chureh delegates, of whom thirty-four were out of the locality, and ten individual delegates, all of whom were at a distance. If Plymouth church bad in good faith carrigd out the agreement on which we started there would have been no exclusion within or without the locality, Plymouth church broke down the arrangement for a council by persisting in its claim to exclude four local delegates out of the whole number of filty delegates to be invited to constitute the-eouncil, Iremind you that Plymouth church sent its solemn protest to the great representa- tive council of 1874, complaining that the assembly of delegates trom distant churches was ‘directly 1m oppo- sition to the genius of Congregational polity, one great aim of which 1s to contine local troubles to their own locality, and to settle them in the neighborhood, by the aid of neighboring churches, without spreading the tale of local dissensions over the whole laud.” But Plymouth church has a genius for being illogical. I bad not overlooked the pastor's sneering reference to you and his intimation that ho had regarded and treated you himost as he would treat a little child. But | 1 had read his two letters to your husband, proved on the trial and admitted to be genuine, and noticed that in his letter dated Sunday morning, June 1, 1873, he said:—“Your noble wife, too, has been to me one of God's comtorters. It is such as she that renews a waning faith in womanhood.”’ And tbat in his lett dated July 14, 1873, he says:—‘‘For a thousand encou: agements, for services that no one can appreciate who has not been ws sore-hearted as I have been, for your hon- orable delicacy, for confidence and affection, 1 owe you s0 much that! can neither express nor pay it b Gay the least has been the great-hearted kindness and our noble wite has shown and ich has lifted me out of despondencies often, though metines her clear truthfulness has laid me pretty flat.” I had also remembered that between thc dates of these two letiers the interview occurred at which, a8 you testified, he had not only explicitly confessed his guilt, but avowed his purpose of self-destruction, and ‘that it was your purpose to prove to the council that on the very day to whicb you attribute that confession, | you, in great distress, communicated it confidentially | to your most fntimate friend, Mrs, Eddy, and to your uncle, Mr, Jeremiah P. Robinson, I ain not able to reconcile what the pastor said at that church mecting with what he wrote in those two icttors, and, as I am | bound to believe. what he wrote, I am com- lied to disbelieve what he sald. Now, what ad caused his ‘‘wanjng faith in womanhood?” And how did you dare in your childhkeness to show him “a great-hoaried kindness and trust,” to ‘ft him out of despondencies often,” and by your | “clear truthfulness to lay me (him) protty flat?” What was that “clear truthiulness’’ that laid him “pretty flat,”’ unless it was the advice you testified you os him at that interview, occurring between tho jetters, that he should confess his offenee to the church f If anything can mitigate the coarseness of the pas- tor’s specch at the church meeting it was the in- exorablo necessity of his situation. It was not necessary that ho should be sistent; he | could not safely be consistent. His effort from | the boginning has been to reconcile irreconcilable | things and to make the false seem to be the true. I cannot think it is your duty to go further—certainly not just now. You had, with the boldness or inno- cence and truth, courted inquiry, while Plymouth church from the beginning has Sought to ovade and cover up, and has again succeeded in evading, though not in covering up. If Plymouth church can haven ‘| investigation by investigators exclusively selected by itsolf, as it did in 1874, and can have ite case solely by what its committee pleages to produce on its own side, let it. Such an investigation can- not settle anything, and will leave a distrusting and portentous puolic opinion where it stands to-day. Plymouth church will not produce Mra Tilton as a her, nor Mrs. Bradshaw, nor Mr. and Mrs, Richards. It will pot produce the unproduced evidence that is known to exist, thatthe pastor knew before the 29th of December, 1570, and before he wrote the letter of contrition, ‘‘intrusted to Mr. Moulton,’’ that he had becn charged with a criminal intimacy with Mrs. Tilton. When they escay the council they knew that you knew of Mrs, Tilton’s repeated confessions of that | criminal intimacy to several persons, and was pre- | ae to prove those confessions, and he probably | new that the fact of his previous knowledge of the charge was susceptible of such proof that it could not | again bo demied with safety. You have been too long and too well known in the best Christian society of Brooklyn to make !t necessary to vindicate yourself hero, and I venture the opinion that before this | painful controversy ends your trathfulness and | Christian integrity will bo recognized by all the | world, You have properly cared for the good mame and fame of the Congregational Chureb, but the Church must now take care of itself, It must determine for itself whether | its members can be driven from its pale without a hear- ing and trial, and whether iniquity can be go securely intrenched within its walls that inquiry cannot drag it forth to the light of day. Congregationalism itself is | DOW on its trial, and it remains'to be proved whether it has enough fron in its blood to continue to live. With res traly you esr Ya J UA M.-VAN COTT, MR. BOWEN'S BURDENS. The Plymouth-Bowen difficulty developod nothing of striking importance yesterday, J: has been decided by the Examining Committee of the church, who have Mr. Bowen's case under consideration, that the verda- tim report of the proceedings of the meeting on Wed- nesday night, including Mr. White’s statement of hi “grievances,”’ be furnished Mr, Bowen in order that he may prepare a written reply to them, THE BROOKLYN DEFALCATION. Yesterday the bondsmen in the suit of the city of ; | citizens, an act which resu! | demagogue, but as a friend o! the workingman, Brooklyn against ex-Treasurer Spraguo, to recover pub- lie money in whieh the Treasurer was deficient, who had given their notes to indemnify the city against loss incurred through Mr, Sprague, filed their answers to the-suit which has becn instituted against them. The bondsmnen are Henry W. Sawyer, Robert 8, Mulford, W. ©. Kingsley, James Olwell, James Fish, Josiah 0, Low and Edward Harvey. Mr. Sanger, who gave his notes in thesam of $51,191 70, in his answer sets forth that he “gave the notes with the express condition that the city should sell the seeuri- ties assigned by Sprague, which has not been done.’’ Also ‘that Sprague was solvent and responsible time, but now fs not, and therefore the cefend- rived of the benelit of recovering the amount ability b; the gross neglect and of the plaintiff; that when defendant gave his notes he was informed and believed thet %pragu defalcation amounted to $148,000, and bis notes iven asa proportion of that sum for which 1t was claimed by Jaintify be was liable on his beset whereas it has since Been ascertained that the defalcation amounted to only 112,689 50, and the defendants claim that these — should be reduced proportionately,” Defendant judgment in his favor, ana that these notes be deliv- ‘ered to bim to be cancelled. VIOLATION OF SUNDAY LIQUOR LAW. Daniel Fallon, proprietor of a saloon, corner of Grand and Green avenuer, Brooklyn, was tried before a jury in the Kings County Court of Sessions, Judge Moore, yesterday upon an indictment charging him with hav. ing sold liquor to one William Haadén on Sunday, Juno 75, There were three witnesses examined for the 20, 18h ion, including Oliver Cotter, Chief of the Prothorhood of Christian Churches, The Jury found a yerdict of ‘guilty,’ and the prisoner was ordered to a r tor sentence to-day. The penalty 1s $100 flue or three months’ imprisonment, FUNERAL OF JAMES BRICE. ‘The funeral “of Mr. James Brice, long a director in the Continental Bank, a director of the Bye and Ear InGrmary and a member ot the Cotton Exchange, was golempized yesterday at the Church. of the Holy Saviour with the ritaal of the Episcopal Church, con- ducted by Drs. Weaton and Coster, and the Masonic Durlal service by Chaplain Ewer, of Holland Dele; 8 from several lodges and the Cotton Bx- Ried the ere, = oe of hemor Bank, were in attendanco, a large q ae seronal ewan. The interment took place at @ ing through Altoon De Grath used to ell “electrical oll,” at No. 62 street, until arrested at hi io. 9 ‘Waghineton street. Wife No, 2 follows Da Grath Weat Resolutions of regrot and sym for the death of Mr. Brice wore last night prt by the Board of Directors of the Lye aud Ear BOARD OF ALDERMEN, Allan Campbell Confirmed as Commis- sioner of Public Works. A SPICY DEBATE, Protest from the Stone Masons. Resolutions Against the Pur. chase of Pier 44, THE BROOKLYN BRIDGE APPROPRIATIONS, The regular weekly meeting of the Board of Alder- men was held yesterday afternoon. Considerabie it, terest was manifested in the gathoring in consequence of the understanding that Mr. Allan Campbell’s name would come up for confirmation as Commissioner of Public Works. Tho vestibules and halls adjoining the Aldermen’s chamber were crowded with a large num+ ber of workingmen, DEBATING MR. CAMPBRLL'S CONFIRMATION. After the reading of the minutes of the last meeting Alderman Sxxny moved to take from the table the com- Mmonication of Mayor Wickbam nominating Mr. Allan Campbell for Commissioner of Public Works. The epeaker highly culogized the nomince, stating that he had known him for a number ‘of years; that he wasa man of unblemished character and high attainments as an engineer. Alderman Bryax Rew..y did not know Mr. Campbell. The Board had just rejected the name of General Por- ter for his action in reducing the laborers’ wages. He (Mr, Reilly) could not consent to the confrmation of Mr. Campbell because he was identified with corpora- tions. The gentleman was also connected with a con- solidated company in Pennsylvania, where ho paid the laborers only ninety cents a day, and had been identi+ fied with the Vanderbilt interest in the Fourth avenue improvement. Mr, Reilly then moved that the mat- ter of confirmation be laid over for one week, ana pre- sented the following communication in connection with the subject ;-— A PROTEST PROM THE STONE MASONS, New York Socizry or Stoye Masow: Jan. 20, 1876, To tHe HonorauLs THR BOARD OF ALDERMEN:— Gextiemex—In behalf of the above society and the working people of the a. of New York, we respect fully say to your honorable body, to whom 18 referred for contirmation the name of Allan Campbell as Com- missioner of Public Works, first, that in justice to the class to whom we belong the party whom you will honor by your approval should not, in the interests of capital, bo the establishod onemy of labor; second, that as residents of tne city of New York, we are interested in the welfare of its whole people, and believe thatthe prosperity of any com- miunity depends upon the condition of the oe classes; that any attempt to reduce their limt wages without a corresponding reduction taking place in the necessaries of life is, in our opinion, an unjus- tified effort to augment their miseries; that this injus- tice has been accomplished through the action of Mayor Wickham and the inhumanity of Pitz John Porter, and that we may be protected from a similar outrage, we pray you to reject the pending nomince— an avowed opponent to the best interests of the masses, a gentleman who occupied the position of con- sulting engineer on Vanderbill’s Fourth avenue im- tape sai and urged in his interest the importing of Janadian workmen to supply the places of American ted in universal discharge and reduction of wages to starvation rates. Respect fully yours, IS OCALLAHAN, JOHN HOWARD, Alderman Srexy contradicted the statement that Mr. Campbell! had been instrumental in the reduction of the laborers’ wages on the Fourth avenue improve- ment. Ho had nothing whatever todo withit, He | had been simply employed as an engineer to superin- tend the work. Alderman Bryax Retm.y—Is Mr. Campbell a com tractor? Alderman Skery—He is not. He has been an eng.+ neer for forty years. He has been Presidentof a min- ing company in Maryland for a number of years. There __ has never beev astrike among the men employeds by. him and no complaint have been made ag to the Fate of wages paid, He has always been identified with the democratic party. His father was formerly Deputy Secretary of State and was at one time Chairman ofthe Democratic State Centrar Committee, Alderman B. Rxitty—I believe the statement of the gentlemen from the Stone Masons’ Society who handed me their communication. I would like to know if Mr. Campbell has kept out of the way in order to escape | being interviewed on the labor question. Alderman Seery—He has not, I buve seen bim. Alderman B. Reiuty—I wish to kuow if Mr, Camp. bell will restore the laborers’ wages to $2 per day if we conirm him? Alderman S#ekyY called attention to section 100 of the charter of 1873, which makes it a felony for any public officer to exact a plodge from a candidate for Office in consideration o! his vote. Deputy Ulerk Mo- loney here read this section of the charter, Alderman B. Kei.t.y—I am not a lawyer, butam pos- sessed of some common sense. 1 am not ggg a am & Workipgian myself, and have spent the happiest days of my lifoim that position, I do not think the law can be construed in that way. I would ask for jnformation on this ;Oiut from: some of my colleagues of the legal profession, Alter some further debate, the resolotion to con- firm Mr. Campbeli as Commissioner of Public Works was ay Alderman Reilly’s amendment not being second Several of the Aldermen in explaining their votes made short speeches, Alderman Coe said that Mr. Campbell was by pro- fegsion a civil engineer, and had boen actively en- gaged in gome of the most important public works in ‘this city and throughout the country. He was, there- fore, peculiarly fitted for the position of Commissioner of Public Works, He had no doubt tre gentleman would give the subject of labor his carnest considera- tion. The Board of Aldermen was justified in assum- ce bimself jn the position of antagonism to the legi ve branch of the. city government, which General Porter admits ren- dered bis withdrawal proper and necessary, The vote was then taken, Mr. Campbell being com firmed ny Ar in the affirmative to 1 in the negative, Al- derman Bryan Reilly voting against the contirmaien, Alderman Gumbieton was absent {rom the meoting. THE PURCUASE OF PIKR 44 NORTH KIVER. Alderman Gross offered a resolution rolating te the roposed ,purchase of plier 44 North River s@ fol- jows:— ot ti Department of Docks to t the 000 ‘and the additional sxpenairers of $0 u 44 Noruh ‘iver, sold hy the city ‘twenty yours « <a O81 6G, is unwise on account of the high price askee, jat said purchase should not be consummated, ‘The resolution was laid over. THE POWER OF CONFIRMING APPOINTMENTS AND NOMINA- TIONS, Alderman Purroy offered the following, which waa Jaid over until the next meeting :— ‘ Resolved, That the Legislature of the State be and fs hereby respectfully requested to rertore to the Board of Al- dermen the power to contirm or roject all ents or nominations of the Mayor for officers in the rent de- seaming oh cast or 8 (ae pro ter re Lars of 4873), by repealing section 3, ot ebapter 800, Laws of 1574. LOCATING THE DISTRICT ATTORNEY'S OFFICE AND COURT resol as passed directing 0 Committee on A jution was g Salaries = bene Go Inquire ork ae et: A locating the District Attorney's General Sessions in the City Arsenal Building, corner of Elm and Witte streets. THR BROOKLYN BRIDGR APPROPRIATIONS. Aldermau Morris offered the foltowing facetious ree. olution relative to the Brooklyn Bridge, which occa sioned considerable laughter :— vit of Aldermen 0 eee Pike ‘city, of Brovklya, on the following eon- . im fee simple, all th tide ditions, hereinafter asined, in. fee simple, all the rheht, th rt in very 1a w York pler the following inseripti Yeep Tieng Ne In good order for all time to eome i= “ePIT, rari. ‘entennial Gift to Brooklyn.—This monnme mane Ee ey ee tot ios of New in the Swing, Dore taney linve already Cost over 0. ane dto adopt, educate and cl Stree of ali expense to the city of New On motion this resolution was handed back to Alder- man Morris, Mr. Gross remarking that he would vote for the proposition if the namo of its author was in- serted in the epitaph. Alderman Cone offered the oc hf Tesolution on the game subject, which was referred to the Commitee on Finance :— Resolved, That the President of the New York and Brook lyn Bridge Company be and he is hereby requested to re rt to this Hoard st hie earliest convenience statement wing, in detail, the names of the stockholders or sub- saomert to whe sock of the Now York Bridce Company, with the amount subscribed and paid by onch, whether individa- als of corporations, previous to or ut the time of the pass of chapter 300, Laws of 1 the amonnt paid or refunds to euch stock bolder, as provided in rection 2 of chapter 60h, Laws of 1974, re-enacted by chapter 300 of Laws of 1875; estimated cost of the bridge, the amount aiceady’ expended by the original ridge | company pan, as at present titut to be given arately, the estimated i's oo jount mow require [CONTINUED ON NINTH PAGE.+ a, a