The New York Herald Newspaper, January 27, 1876, Page 8

8 THE COURTS: The Law as to Gold Transactions. More Skirmishing Over the Duncan, Sherman | & Co, Orders of Arrest. Litigations Growing Out of the Wreck of the Atlantic. In the Superior Court yesterday, before Judge Mo- nell, John A. Macpherson, a stock and gold broker, brought suit as survivor of the firm of J. O. Davis & Co., agai alls & Bacon, commission merchants, chumed that in March, 1868, walls, he rendered an account | in gold. Mr, Macpherson testi- | were ever made to this account, ats promised to pay ft, and did pay The defendants on the cou account was ever presented, and | wore ever made to pay any sum what- | rged tne jury that if they / presented, ana that the dele or indirectly to pay the s Jed to recover. The jury bro: Jainti® for the fall amount. Fowler appeared for plaiuti D. Lord tor defendants, | DUNCAN, SHERMAN & CO. Thore was quite a lively argument yesterday iu the at the request of ¥ @ovoring transact tied that no o but that the a portion of t | suit of Raebling Bros. against Duncan, Sh an & Co, | in Supreme Court, Cha Jarrett, on @he renewed notion to vacate the order of arrest ob- | tained against the sev bers of the firm, Mr, | Henry Morango gtor the plaintiffs aud Mr, Laroq reee the prisoners, Mr. Morange | asked to adjourn se on account of certain papers not bavin n served ou hin, Mr. Laroque opposed | the application, cluming that it was meroly intended to | delay arg! n th its of the question. The Court consen ‘n the matter until Monday next, at w » argument will probably be heard. Ja meantime, has written an opinion on ppeal in the ¢ ying that he would open the order of arrest so far as to hear the argument on the merit ile the judgment shall stand 4B security tort WRECK OF A point interesting to owners of ships and vessels ‘was docided yesterday by Judge Shipman, of the United States Circuit Court, in tho suit of Louis Levin- son agalust tho Oceanic Steam Navigation Company, otherwise known as the White Star line, to recover some $12,000 for personal injuries and loss of baggage dy the wreck of the Atlantic. Proceedings had been taken ou behalf of the company in the United States District Court of this district under the act of Congress of 1851,sto limit its lability for the loss and damage “as ‘be disaster, to the value of tho wreck, odings and the decree made in favor of the company ther were set up in bar of Levinson’s claim. Judge Shipman held the plea good and di- rected the jury to fina a verdict for the defendants, PACIFIC MAIL, The examination in tho suit of the Pacific Mail Steam- ehip Company against W. 8. King was resumed yester- day morning at the oflice of Edwin M, Wight, the Com- missioner appoiuted to take the testimony in the case, ‘The late Secretary of the Pacifle Mail Company, Mr. Thoodore 8. Johnson, was the only witness on the stand. He was cross-examined by Mr. Godwin and said he remembered an agreement botween ex-Presi- dent Stockwell and the company in 1873, which was in the handwriting of Treuor W, Park; a settlement was finally had with Mr, Stockwell on tho basis of this agreement. ‘On the redirect witness said that Mr. Russell Sage and Mr, Rufus Hatch participated tn the negotiations with Mr. Stockwell resuiting in a settlement; the delay in tho nogotiations was, he supposed, in order tnat the stock might fall and be bought ap cheap; witness had a rocoliection that during the delay Pacifie Mail de- clined five per cent; Mr, Stockwell was, during this time, frequently at the company’s offices, but not at the Board meetings. On the Yecross witness stated he had examined the ‘Minutes of the directors’ meeting of March 1, 1872, but found no allusion to the $750,000 transaction; he did not find any record of 1t elsewhere; he remembored re- ceiving & despatch from Mr. Hatch at Washington for- ‘Didding giving Mr. Stockwell his discharge on account ‘of the discovery of the $750,000 defalcation; in spite of ‘this the discharge was granted Mr, Stockwell, and Mr. Hatch, when ho came from Washington, was indignant at it; witness know that @tockwolt had bad urery, transactions with brokers’ firms whose members were | mombers of the Board of Directors of the Pacific Mat! | Company; the ollicer who delivered Mr. Stockwell bis discharge was Mr. Russell Sage, tho president pro tem- pore of the company, The furthor examination was at this point adjourned util to-day at half-past ten o’clock. AN “EMINENT” LAWYER, A few days ago three Italians who keep peanut stands on Eighth avenue were arraigned at the Fifty- seventh Street Police Court before Judge Murray on a charge of keoping as a disorderly house a sbanty, in which they keep a kind of ‘“bvachelors’ hall.’ Nono of them could speak English and therefore thetr attempts at explanation were entirely unsuccessful, Two were discharged and the third, who was the owner of the shanty, was'committed to prison until he should pro- cure bail for his good behavior for three months. Friends of the poor Italian who believed in his inno- cence on account of bis general good character ob- tained his discharge. 1i (hen transpired that Counsel- jor Nesbit, whose practice is almost exclusively confined 4o thts court, bad obtained from the Italian $40 as a fee ior getting bim discharged. Hoe wanted at first $100, but finally condesconded to take $40, aithongh he ad given no cquivalent whatever for it. The matter coming to Judge Murray's notice Mr. Nesbit was or- dered to refund the money. He promised to do so yesterday, but did not because Judge Murray was not able to come to court to roceive it on account of the death of one of bis children, Mr. Nesbit has threat- ‘ened not to refund the money if the matter is pub- ed. The Italian Consul in that case inay havesome- thing to say in the matter. SUMMARY OF LAW CASES. Tho suitof Jacob Weber against tho city, for $21,000 | tor raising the Centre Market Armory one story, ter. | THE ATLANTIC, minated yesterday before Judge Van Brant in a verdict | for plaintiff for $8,887 68, which, together with the | amount already paid by the city, will aggregate | $17,887 68 for the plaintiff. In February, a year ago, John Dumphy purchased a | ticket by the Erie Railway Company for Rochester, the same being good for five days. He laid over | at Binghamton aud on resuming his journey his ticket was refused by the conductor, the car stopped and bo put of thotrain, He nas brought suit against | the company claiming $10,000 damagos, and the trial | was commenced yeerday before Judge Speir, of the Superior Court The defence is that he should have notified the conductor of his laying over and received | ¢, another teket, and that failing in this the company is not liable for any damages resulting from his ejectment | from the car. j The Suprome Court, General Term, was occupied | most of the day yesterday in hearing arguments on ap- peals taken im the two suits of the Loaners' Bank Com. | iy, ot Now York, vs. William H. Tigney and Barton wad Mra Olive A. Dillbar, against The Home Insurance Company. The former nm action to | fecover for o joan on warehouse receipts and the latter to recover the amount of an insuranco policy, The facts of both suits have already been published in the Berawp, The papers were taken tn both casos and de- cisions reserved. ‘A second trial was commenced yesterday before Judge | Lawrence, of the Supreme Court, of the suit brought | by William A. Searer, collector of John 1. Brown, against the city, to recover ninety per cent of the con- tract for grading and regolating First avenue, from Ninety-secona to 129th streots, the amount involved doing about $35,000. It is claimed by the plaintit that | having @ proper certificate irom the surveyor of the work and the Commissioner of Public Works nothing more can be required. The defence claim that no action can ariso under tho contract until the work is com. plete. The case will be owed this morning. ‘The trial of Francie F a fer alleged arson, in having, as averred, set Ore to his store, No, 3¢4 Bowery, en July 11. last, was continued before Judge Gilder- sieeve in the Court of Genera! Sossions yesterday The contest for the posseessinn of the drama ‘Our Boys’’ between Messrs, Daly an Wallack was renewed | een in the Equity Branch of the Superior Court | Judge Sanford. The Court took the papers, re- | serving its decision. Arather singular spplication was made yesterday | morning, re Jostice Shea, m the Marine Court. | It seems that in October last an order of arrest was | granted in en action brought by one Maria Stock | against Albert Mergel, who was charged with joining | mM aconspiracy to defraud plaigtif out of a restaurant Jn Cortiands sircet. Morge! was arrested in November fast, and hae sinco then romaiued confined in jail. About a week since ho wrote to one of the justices of the Marine Court protesting his imnocence; that he was a mon of largo iamily, who were utterly dostitute and without woans, and that he was suffering from of the beart Jwige McAdam assigo®d Mr. Jacobs to tnvestignte tho case and make his ‘The feets, as above stated, wore found to be Jacobs’ application, the | And yesterday, i. : a eation, the » DECISIONS. Ri Donobi Ue, Dibbler ve. Bits Dtetion denied, without e0sts. | they tried to pull hin ba | tect dow, Ata late hour last night be doctors believe that though the ball did not ponetrate the skull it may have cracked it, roti. —Nos. 226 to 286, inclusive. | moth NEW YORK HERALD, THURSDAY, JANUARY 27, 1876—WITH SUPPLEMENT: fendant within four days irom date comply with the Judgment of the Court, Seaver vs, The Mayor, &c.—Motion denied for the reasons stated in opiuion, 'y Judge Barrett, Papham vs. Barretto.—In view of the decision in Lathrop vs. Clapp, 40 N. ¥., 328, this question was proper, and it and all questions having a similar teu- dency must be answered. D.bblor vs. Atkinson —Memorandum. Gibson vs. Lawrence.—Motion denied. Bell vs. Bell.—Report of referee confirmed and de- | cree of divorce granted. Sherwood Sher aa Mons wood. —Application denied. dum, Woit% vs, Levi.—Ordered that the dofendant's sure- | ties be permitted to justify on the 3lst day of January, 1876, at hali-past ten A. M.; $10 costs of the motions to abide the event, Roebling vs. Duncan.—Opinion. Mittnacht ¥s. Mittnacht.—Dect oo of divorce granted. Loshits vs. MoCartie.—Motion to vacate order of ar- rest den! with $10 costs. Rothschild vs. Walter. —Judgment granted and refer- ence to Petor B, Olnoy to sell. Memorandum, Morey vs. Lilienthal —This order should be submitted to the plaintim, SUPREME COURT—SPECIAL TERM, By Judge Van Brunt, Heilbrun vs, Racy.—Momorandum for counsel, SUPERIOR COURT—SPECIAL TERM, By Judge Sanford, Matter of Harden. —Memorandutn for counsel. Holtz vs, Sch.aidt et al. —Motion granted, See mem- orandum of decision, By Judgo Sedgwick. Weston et al vs, Ketchum et al.—Findings ecttled and Lemp vs. Henebeck,—Opinion, . TOMBS POLICE COURT, Before Judge Fiammer. FLEECING A COUNTRYMAN. On Tuesday last Asaph Hope caine from Far Rockaway to New York, avd, having transacted some business, wont round to see the sights, He went into a house on Water streot kept by one John Roberts, Hope treated all the women in tle house. about leaving , but he for his way out. ennett, alias “Dutchy,” who, down and robbed him of $38. subsequently arrested by a de- ¢ of the Fourth precinct. ‘They were taken before Judge Flammer, who, after considering the case for several hours, held them to answer—tho former for being accessory to and tho latier for committing the lasceny. Hope was sent to the House of vetention. « WASHINGTON PLACE POLICE COURT. Betore Judge Morgan. FALSE PRETENCES. Ernost C. Wurtemberg, of No. 231 Broome street, was held in $1,500 to an&wer for obtaining money by false pretences, The complainant, Mra, Blizabeth Lang, of No. 298 Tenth avenue, said that she had a son in tho Stato Prison, The prisoner claimed, she said, that on payment of some money he could obtain a pardon from the Governor for her son, She paid him $129, of which he said he was to pay Recorder Hackett $20, District Attorney Pheips $20 and the Governor's private secretary 320. As the promised pardon was not forthcoming, according to the agree- ment, she caused the prisoner's arrest. FIFTY-SEVENTH STREET COURT, Bofore Judge Duffy. ARRESTED ON A REQUISITION. Bernard Moylan, who was remanded on Tuesday on achargqof having attempted to rob Mr, Stern, the silk manufacturer of East Forty-second street, was brought up again yesterday, The evidence against him was considered insufficient by the Court and Moylan was discharged. He was immediately rearrested by Detec- tive Reilly, ot Headquarters, ona charge of stealing $900 in gold from a person in Michigan, A BURGLAR’S NARROW ESCAPE FROM DFATH, A prisoner who sald his namo was Jamos Laffan was charged with having on Wednesday night broken into the stationery store No. 993 Second avenue, owned by He was followed by Nellie he says, Knooked) bim erty and she we Samuel Steinbrink, He was in the act of walking off with two valentines worth $7, when Steinbriuk de- tected him and fired upon him through the store win- as delirious, and the COURT CALENDARS—THIS DAY. Surrewe Cocrt—Cuamners—Held by Judge Bar- 80, 109, 184, 199, 194, 209, 210, 222. Call SUPREME CoUxt—GkwERAL Terx—Held by Judges Davis, Brady and Danicls.—Nos. 95, 10% 105; 110, 136, 177, 134, 145, 124, 188, 107, 111, 130, 170, 119, 120, 173, 08) 109) 130! Supreme Court—Srrciat Tarm—Held by Judge Dono- hue.—Nos. 307, 311 251, 265, 271, 985, 286, ~ 287, 288, 204, 15, tafe, ca 38 bo 06, 71, 72, 74. Svrrgwe Coorr—Cmcvir—Part 1—Held’ by Judge Yan Vorst.—Nos. @1, 351, 2200, 1079, 1105, 2509, 1004, 1, 1005, ASL Hay 1258 23521258 0. 110535, 11 ett: OL. part 3 Hold by ae ee on Teh DOr aT Sho, 1365, "80734, 1673, 683, 2278, 200, 1880%%, 1940, $72, 481, 357, '513, 917, 617, $13, 1250, Supgriog Court—Triat Tenx—Part 1—held Mf Judge Monell. —Nos, 741, 500, 787, 1361, 1907, 771, 1479, 1397, 761, 1091, 627, 833, 207, 710, 81. Part’ 2—Hold by Judge Speir.—Nos.' 923,’ 436, '1218, 862, 728, 956, 958, 916, 1328, 1783, 1534, 970, 534, 1234, 1182. Common PLkas—Kqvity Texm—Hela vy Judge Daly.— Nos. 16, 2. Cowan Puxas—TRiAL TerM—Part 1—Held by Judge Van Hoesen.—Case on, No. 573. day calendar. Part 2—Held by Judge Van Brant.—Nos. 1203, 1187, 1249, 1446, 2000, 1265, 1318, 1208, 1258, 1268, 1275, 2288, 1292) 709, 1294, 1454, 1475, 1450, 8743s, 1479, 1450, 1481, 1482, 1483,” Magis Court—Triat Taru—Part 1—Held by Judgo Shea.—Nos. 3536, 5456, 6266, 6224, 3707, 3319, 3799, 6075, 6251, 5106, 4817, 6622, 3798, Sova, Gala. Hold by Judge McAdam,—Nos. 6456, '6250, 6 B48S, 3492, 3311, 3749, 5480, 5676, 6270, 6406, Part 3—Hold by Judgo Sheridan, —Nos, 6518, 5408, 5467, 6520, 6544, 6240, 5606, 5724, G06, 4042, 5386, 6461, 160, 5580, 4569. UOURT oF GENERAL Sxesions—Held by Judge Gilder. sleeve.—The People vs. Francis F. Marshall, arson, continued, THE BROOKLYN WIFE MURDER. THE DEFENCE LABORING TO PROVE INSANITY— HIS AGED MOTHER TELLS THE STORY OF HIS LIFE. £ The Kings County Court of Oyer and Terminer was occupied yesterday in the trial of Joseph J. Burroughs for the murder of his wifo, Elizabeth, on Saturday, No- vember 13, 1875. Judge Pratt and Associate Justices of Sessions occupted the Bench. The prisoner main- tained the same listless, idiotic expression which bas characterized his appearance in court since the opening Part 2— | of the trial, At ten o'clock the Court sat and the jurors filed into their seats in the. Jury stall, George Hopkins, of 675 Sixth avenue, had been a member of the same division of the Sons of Tompe- rance with Josoph Burroughs for over one year; hat | spoken to him on the sudject of the reconciliation with his wife; witness had written a letter for Burroughs to | his wife; prisoner told bim October 3 that he was anxious to live with bis wife again; if his wito wanted $10 or fled that October 24 the prisoner came to see witness’ to get hor to effect a reconciliation between «i deceased; Novembor 8 witness’ mother went Burroughs and prayed with him; tho prisoner prayed, ‘Blessed Lord, have mcrey on my soul. My dear wife, forgive me;’’ he said he loved his wife, but she was a great trouble to him; he said, “Brother Bogart, do you know where I was yesterday? I was | just that much out of hell’’—measuring off two joints of is first finger; he said, “when mother was laying the table the devil said to mo, ‘Go and ent your throat;’ mother drew the knife from me aud cut her Sogers;’? | he said, “his head seemed to be full of deviis, and he had prayed that they might be taken away;" tho prisoner's manner was very strange on the night of the prayer. : APTER RECESS—THE MOTHER'S STORY, Mra. Lucrotia Burroughs, mother of the prisoner, toagifled that sho was seventy-two years of age. The risoner is thirty mine, and was born on Long Island. | 0 father of Joseph kept a shoe store; his father had @ brother who lived in Prince street, whore he died twenty-seven years hoa: he committed suicide by tak- Ing poison; that brother had ason, Joho, who was for a time insane about four years ago. Witness—When Joseph, the prisoner, was fourteen years of age, he fell of a’ stoop at the ‘corner of Gold and Willoughby streets, and sustained an injury to the back of his head; the injured part formed an abscess, aud bis ear ran continuously; be grew so dull after that that he never learned to read or write, though he bed been a bright boy at school previous-to the fall e was first married eight or nine years ago to Maggie op, by whom he had two childret only one chik \ gether; he was second wife, Elizabeth Kinsman of witness for cightwen months previous to her mar- | riage, which occurred three months after the death of the first wife; their acquaintance was very slight till after the death of Margaret, Witness did not know that Elizabeth and Joseph were be married till they were wedded; the eldest child by the first wife rs named Phebe; she is nine years old; know Joseph to go two years without drinking; that was three years ago; they inst lived togethor in Seventeenth street; he was always industrious, although at times he would drink; vever saw him so that he was pot able to take care of himself; he was always good natured; recollect the first separation between himself and bis last wife. she wrote to him then to come and taxe ber home—that her mother did not treat her well; witness saw the letter, and read it; | ot it when | she wrote Josuph every night, so that h he carne homo in the even were married in April, 1869, and their child is now four years old; in hyed ad six month: y years after the first again; witness never ain parted, had known him to kina in bis manner to his wife; he whe wi on said suflorod an, ‘he ag could her,” be said Lo $20 prisoner said he would willingly gtvo it to | er. “ Isaac 8, Bogart, of No. 256 Righteonth stroot, testi- | ge Se would blow his brains out;”” his manner for the three or four weeks preceding the tragedy was very melaa- choly; be said if she would not come back and live with bim he would “jump of the dock.” The witness gave further details of the action of the prisoner. To the District Attorney—The uncle of Joseph dicd from insauity; he had a physician before he died; he | Was not long sick; he took poison; he seemed to act crazy; there was 4 son of that man who was in Flat- bush for three months and was discharged when he got well; the prisoner was perfectly rational for six or seven weeks after the deceased bim the last tim when witness went into the dining room, on the Sunday he attempted suicide, she found him with the knife against his throat on the Jeft side; witness had cut her finger in getting the kn! away from him; the cut in the throat was an inch and | abaif in length’ a piece of court plaster was put on the woand, but no doctor was called in, The Court adjourned shortly after four o’clock till ten o'clock this morning. ’ THE BROOKLYN RING FRAUDS. A DEMURRER BY COMMISSIONER FOWLER TO THE ATTORNEY GENERAL'S COMPLAINT. Yesterday afternoon General Pryor, counsel for Wil- liam A, Fowler, in the Brooklyn ring suits, served oa Mr, Parsons, the attorney for the peoplo, a demurrer to the complaint against him in the Hempstead resere voir and Third avenue sewer suits. The document is as follows :— $ ¥ Supreme Court, City and County of Now York—Th¢ People of the State of New York vs. William A. Fowler, Edward J. Lowber, Archibald M. Bliss, William G. Kingsley and Abner’. Keeney.— The defendant Fowler demurs to the compiatnt herein, for that, as to him, it is bad in substance and does not state facts sufficient to constitute a cause of action, Judge Barrett has not yet rendered a decision on the motion of General Yryor fora change of the place of trial to King’s county. Attorney General Fairchild has agreed that the argument of General Pryor in Commis- sioner Fowler’s caso shall apply to the casos of all the dofendants. The demurrer will be argued ou the first y in March, . COURT OF APPEALS. Atay, Jan, 26, 1876, The following casos were argued to-day :— No. 149. Slater vs. and concluded. No. 141. Charles B. Frank Wessels, Mesereau.—Argument resumed pondant, ys. Gerhard appellant.—Argued by 8. Hand, of counsel for nd by 8. 8. Harris, for respondent. No. Aaron Harris, plaintiif in error, vs. Tho People, defendants in orror.—Arguod by Ira Shafer, of counsel for appollant, and by B, K. Phelps, for The Peopio, No. 75, Byron Marks, respondant, vs. Hiram J. King, appellani—Argued by 0. W. Chapman, of counsel tor appellant, and by G W. Hotchkiss, for respondent Aujourhed, CALENDAR FOR THURSDAY, The following is the cay calendar for Thursday, January 27, 1876:—Nos, 88, 90, 96, 148, 145, 159, 118, 20. SUPREME COURT CALENDAR. ALnaxy, Jan. 26, 1876. The following is the Supreme Court Calendar for Thursday, January 27, 1876:—Nos. 165, 44, 130, 182, 151, 166, 168, 160, 170, 171, 172, 173, 107, 175, 177, 179, 180, 181, 182, 183, 184, 185, 186, 187 and 189, A CORRECTION. In the revort of the rescuo of the would-be suicide, John Basthurst, yesterday, the credit of saving the drowning man was given to the policeman on duty at Fulton ferry, It now appears that he was picked up by Joseph Dittmer and Martin Hanson, of the boat Alaska, who landed him at pier No. 14 East River ai gave him in charge of an officer, The men say that when they asked the sergeant in charge of the New street station house if he wanted the name of the boat, he replied emphatically, “No.’? That was how the Police got creait for what they did not do. BOARD OF APPORTIONMENT, THIRTY-FIVE THOUSAND DOLLARS TO THE POOR FROM EXCISE MONEYS—REMARES FROM REP- RESENTATIVES OF VARIOUS CHARITABLE 80- CIETEES. f An adjourned meeting of the Board of Apportion- ment was held jn the Mayor's offiee yesterday after- noon. Comptroller Green, Mayor Wickham, Alderman Lewis and Tax Commissioner Wheeler were present. Mayor Wickham stated the special! object of the meet- ing to be the designating of an additional number of charitable societies entitled to receive a portion of the excise moneys. It was the intention ef the Board to apportion this money so that it would go directly to the alleviation of the suffermgs among the poor of the city during the presont winter. Mr, James Lynch appeared for the society of St, Vin- cont de Paul, which, he said, was composed of 1,100 members, During 1874 the society had résleved somo 23,000 persons and expended $65,302 72 The cant. vations came mainly from the members of the socioty, and there were no paid employés. Mr. Willy Wallach spake on behalf of the German Society, which had been founded 100 years ago for the purpose of aiding Gorman emigrants, Last year 10,000 persons had received assistance from tho funds of this society. Hey. Alvah Wiswall represented St. John’s Guild. Over 2,600 families had been assisted during tho past year. About $13,000 wero expended in reioiving the wants of these persons, Last month the Guild had re- ceived 6,000 applications, and thoir funds were com- pletely exhausted, If immediate relief was not forth- coming they would have to shut up. Rey. C. B. Brown advocated the claims of the Five Points Mission, which had been established in the Sixth ward in 1850. There were 450 children in the schools an/some seventcon families, widdws and children, taken cgre of in the Mission building. Mayor Wickham again explained that the proposed appropriations were only intended to bo given to orgavizations which would distribute the moneys directly to the poor, Mr. James Lynch spoke a second time in advocacy of tho St. Vincent de Paul Society, Toore were thirty- one conteronces, extending from St. Petor’s church in Barclay strect to Manhattanville, and from St. Mary's across to the westorn part of the city. Although the society was Catholic, no distinction wos mado as to the religion, nationality or color of the parties deserving of relief, It was startod in 1844, and be (Mr. Lynch) Rad the privilege of belonging to the organ.sayion since he wasa boy. He had been authorized by Vicar General Quinn to represent other Catholic societies, but it was not necessary to mention them at that time, Mr. Theodore Roosevelt alluded to the general eub- ject of outdoor relief. He advocated the formation of a@ central society, but complimented tho management of the St, Vincent de Paul Society and the City Miaston, The gentioman was also oe to the distribution of cbaritablo donations by oftictals. The work should be | attended to on the ground of sympathy alone. Comptroller Green said that he Lad been impressed, together with his associates of the Board, with the responsibility of the law under which these appropria- tions were made, 1t was left yeocttonga 4 with them as to what charities should be selec ‘0 discharge | the duty effectually there should be a central organiza- | tion, empowered to take charge of dispensing those moneys, but 1m the absence of sucha body the Board should do the best that could be done under the cir- cumstances. Mr. Green concluded his remarks by of | fering a resolution donating the following amounts :— | City Hetosion....-.++« | Society of St. Vincent do Paul. . 10/000 | German Society... 4,000 Institution of Mercy. > &000 | United Hebrew charities of New York 2 £000 | St John’s Guild....... “1 st200 WHE noi coves «$35,200 These appropriations ar distinet understanding that no part of the moneys are to be used as a permanent fund by any of the institutions, or for the purpose of building or furnishing any building, or for salaries of any person employed by said instivu- tions; but it is to be distributed during the present winter and solely used in furnishing food, clothing and sholter for the poor. The resolutions conciude | with a request to the different institutions to send in an official statement of how the moncys were applied on | or before the Ist of May next. Mr. J. H. Bailey, one of the Commissioners of Chari- ties and Correction, stated that 3,700 tons of coal had been purchased for the poor of the city by the depart- mont, and the distribution would commence to-day, COMMISSIONERS OF DOCKS. The Dock Commissioners held a meeting at their | rooms yesterday, all the members being present. A communication was received from the New York and Brooklyn Ferry Company asking for a lease of the | perannum. They bave heretofore paid $2,500. The matter was referred. | A communication from G, B, Lawton, of West street, relative to the application of the Hudson Freighting Company, who asked for a pormanent location on the Hudson River sido, was laid over tor further cousidera- tion. G. 8 Green, Jr., engineor-tn-cbief, reported that during the past week his corps bave ‘been sorveyti the bulkhead front of Fourteenth, Fifteenth, Twenty- third and Twenty-fourth streots, East River, and in the slips on either side of piers foot of Twenty- fitth, Twenty-oighth, Thirty-third, Thirty-seventh, Eighty-sixth’ and 106th streets, East Rive’ that the work had been discontinued at pler 1, Batter; that the section at the foot of Christopher sircet w: | Veing continued and new piles being driven at pior 42 men were also at work repayring pret 37 North River, — dredging the apper end of piers 18 and 53 East : iver. The Treasurer's report showed $378,517 46 remaining on hand, and $3,013 75 paid in during the past week for dock and slip renta, | A report was received from the engineer-in-chief rol- } ative to certain lands located in Leggett’s Crook, West | Farms, now closed up, but which is claimed by one J. | L. Brown to be th Lin ay Bonne A of New York. Tt ‘seems that a public was, soige years erected at the tura in sald crook, and was always & farin highway, « road leading downto tho same. This as now joved up by a fence. The citizens there- ; fore Rees yee Beck Commissioners to order it bpeu ¢ Voard deculed ihe matter belongs to the | Dopartwont of Public Work ferry at the foot of Grand street, Kast River, at $1,000 | OUR STREET CARS. Letters from the People on the Subject. , SUGGESTIONS FROM MANY QUARTERS. Tho following letters, sent to the Henaxp office, show the deep interest felt in the subject of strect car .ro- form. A NEW STYLE OF CAR NECESSARY. To ru# Eprror or Tas Hexanp>— Tho long suffering public has at last found in the Herstp an uncompromising champion. Your stato- ment that no other people would calmly submit to be huddled togetber like cattle is very easy of domonstra- tion, and not the least of itsevils is the daily increas- ing indifference of the male passengers to the comforts of their female fellow travellers, This is much to be deplored, as being in such marked contrast to the ong established characteristic of the American of ail degrees of extreme politeness and solicitude for the comfort of ladies. Your advocacy of the necessity of providing seats on the roof of the car would, if car- ried out, go far to obviate the existing evils, In the course of a recent conversation with the President of & cur company my attention was directed to the ne- cessity for a completely remodelied car, andI venture to think that I have since succeeded in overcoming all the existing drawbacks. There is a needless wasio of space in tho interior of the cars as at present used, two-thirds of the space being occupiea by porsenger’s feot and the necessary passago way. 1 arrange the seats acrogs the car, My car can bo converted from a winter to a summer car and vice versa. In summer the panels can be taken out, and as under this change in summer no passageway would be required, I would fill in the central space with movable seats, so as to convert it into the ordinary open, car. The present close car, which seats twenty-two tightly packed adults, would, with my arrangement, seat thirty-two and, with the passageway filled in summer, forty would find’ seating room, Each passonger could signal the driver when desirous of getting out, and a finger post would exhibit the name of the next cross street. 1 could readily heat the car with pipes, which would reccive hot air ft a compact fire box placed under the car. I provide a stairway, slightly inclining from the perpendicular, which would convey male passengers to the seats on the roof, where, of course, smoking would be in order, J It will readily appear that under my plan from sixty to seventy seats would be available, und no standing room would be required by even tbe most grasping companies, inasmuch as the strain on two or even threo horses would be quite equal to their powers of sustained endurance. FM A “CLASS” DISTINCTION LOOKED FOR, To tae Epiror or tun HeraLp:— I see a great many letters im your paper in regard to “stroet car monopolies,’ seats and straps, but none to the point. What wo want previous to the establishing of eles vated rapid transit roads is some system that will re- lieve the public and some plan that is practicable and in @ measure profitable to the present street car com- panies, I propose that we shall have what my ve termed “first and second class cars,” and that the different roads be compelled to run such cars, taking the present large lumbering cars and running them as second cla at same rave of fareas at present, with the understand- ing that those riding in them must take their chances as to seats, and, in addition, be required to run ‘first giass cars’’ (light, airy and well cushioned), in sufficient numbers to carry all passengers willing’ to pay for a seat, cars to seat hot over sixteen persons and not to be allowed to carry more than can be seated, fare to Fifty-ninth street, to Sixtioth street and to Harlem, ten cenfs or thereabouts; then these first class cars would not be losing money for the companios; and, by adopt- ing the crosstowa system of dolng away with the con- duetors and substituting the mowey box, they might be made to pay. ‘This plan would relieve the socond class cars and afford plenty of seats to all classes. The press of New York must take hold of this matter until some- thing is dono, and your ae is the irst to start the war whoop. Very respectfully, WILLIAM B. WEBB, Produce Commission Merchant, CHEAP CABS SUGGESTED AS A REMEDY. To Tae Eprrox oy THR HeRALD:— It must strike everybody that the street cars are totally insufficient for the wants of our citizens, and that some other means of transitshould be provided. Why does not some enterprising individual or company fun a number of cabs ata low rate? Tho system as it } ge onin London might be adopted, and some , cheap vehiclo—say the Hansom cab—might be used. In nearly every city in Eurepo w vehicle can be Pe ae ee systom seems to pay, and I see no reuson why it should mot pay equally woll in New York. Of course it could not be done so cheaply here, but it might be done for twice the amount, perhaps, or loss. Many people who now travel daily in tho street cars would use such a cab, and it iscertainly worth paying the extra amount for the greater comfort and to pre- serve the common decencies of civilized life, which are daily violated by the car companies, TRAVELLER, “H. M. P.” MAKES A SUGGESTION. To Tax Evivor oy tux Heravo:— It is not for the interest of the car companies to “earry passengers without pay. If, then, a law is passed that they shall not receive pay for standing | passengers they will provide cars enough to furnish seats to all, excepting, perhaps, in cases of emergency, It would not be right for business men to be excluded from a car because there is no seat vacant; but if standing passengers are allowed to rido free many will seek by preference already crowded cars. To avoid this difficulty I propose that every passenger shall pay full fare; but that It shail be the duty of the company to return to all passengers paying their fare beforoa soat is provided for them a ticket indicating this fact. These tickets may be placed by the passenger ina locked box, which shall be provided in each car, and the company shail pay into the city treasury ail tho fares received upon such tickets. Passengers who cou- sider at any time the want of sufficiont cars the fuult | of the company, will put their tiokets, either then or at some more convenient time, into the box; but in an emergency whero it Is evidently ‘not the fault of the company, very few tickets will placed in the box, It may be suggested that the companies will buy up these tickets reduced price, and thus defeat the object. This can only diminish the effect, but will not destroy it, It will reduce the profit from carrying standing passengers, even if all the tickets are so-re- turned; but, especially in flagrant cases of neglect, yery many passengers Will refuso to compromise with the company in this way. It might be made the duty of the passenger to‘place the return ticket in the box, but this could not well be enforced, as it seems to me preferable to leave it optional with the passonger him- self and trust to public sentiment to entorce aha A CHARACTERISTIC LETTER FROM A CONDUCTOR, | To ras Eprror or tue Hrraup:— | I read in ono of your Columns of one of your papers | of iast weok an article in rogards to Seat all passengers. | that gontlenvan, who purposed not to pay The full fare | till a Seat was had, must be verry ungrateful. now for Instance. a passenger gets on a Car and Cant get a Seat and pays the Comdactor 3 cts til! he Can get one, and when he finds one the Comducior bas to go to him the Seconi time befor ho receives the full tare, that is a | fine way of doing business that is, Iam a Comductor | | my Solf, and work frome 14 To 15 Hours a day, for 200 | Dollars and god knows itis hard enough work for a | | Comduetor to get all his faroa by going to a passenger | oneo, let aloue Twice for ono ride by publishing this | in your valuable paper you will Greatly oblige Respt | FE. B., COMDUCTOR, | Yours L. New York, Jan. 24, 1876. A POOR BOX IDEA, To Tux Epitor oF THR HeeaLD:— The difficulty in Gnding some plan which will rem- edy the evil of overcrowding tho horse cars is that every measure proposed works a great evil to the pub- lic, Ifa conductor is prohibited from receiving more passengers than he can accommodate with seats one- half the people will be prevented from riding at all, Ifthe companies are prohibited from collecting fares from passengers to whom they do not furnish seats tho cars will be crowded and tho passengers who pay | for tangs laerrg will a greatly seam teraaaes bind com- nies should provide cars enough to give oac! pee But it will never do, in enforcing this regu- | gor a seat, | lation upon the companies, to bring greater | | evils upon the travelling public than they | | now endure. Here is a pian which ac- | | comptishes the result and avoids the difficulty, Let | each car be provided with an iron fare box similar to | those used in the stages, and compel the conductor to | | doposit the fares that he collects from standing passen- ers in the box, punching from his digerent slips the jares thus deposited and the fares he receives from sit- | ting passengers in the ordinary way, At the end ot each day let some public officer collect the money from he boxes and hand it over to the Commissioners of Charitios and Correction, or divide and distribute it be- tween tho hospitals, foundiing asylums and Borgh. | Each passenger then would pay his fare as he docs now, and there would be no free rides. The companies would receive faros from the persons to whom thoy might be per- vided seats, and after a while tho the —— mitted to come in for a dividend out of SUIT AGAINST A RATLROAD—A SRALED VERDICT ORDERED ON A CLAIM OF DAMAGES FOR A Lost LEG, | Tho question of tho responsibility of railroad com- | for personal injuries resultigg to their pas | York sengors from overcrowding thelr cars was the subject of a suit tried yesterday before Judge Van Brunt, hold~ ing Trial Term of the Court of Common Picas. The suit is brought by Ernest Sweitzer, although the party really suing to recover is Max Swoitzor, a brother, who is stil a minor. Itis an action brought against the Third Avenue Railroad Company, $10,000 being the amount of damages claimed, According to the allegations in the complaint Max Sweitzer, on the 4th of Decomber, 1872, at about half- past ten o'clock im the evening, got into a Third avenue car at the corner of Broome street and the Bowery, for the purpose of riding up to Thirty-second street. Thore were only & few passengers tn tho car when he entered, and so he got a seat without, difficulty. As the car advanced, however, on its uptown journey the throng of passen- gors increased and the car speedily became crowdod. Young Sweitzer gave up his seat to a lady and took a standing position with numerous others equally unfor- tunate. The rush of passengers continued, when gradually he was pushed forward to the front plat- form, which, as well as the inside of the car, was packed with passengers, Arriving near bis destina- tion ho asked the driver to stop at Thirty-second street, to which requost, however, this functionary paid ho attention, Tho ‘final result was that hg was pushed off the car, when the wheels on one side passed over his right ankle. Acutely smarting: from the pain caused by his in- juries, ho into a was pee up aed conveyed iquor store, and shortly afterward taken to his resi- dence in Sullivan street, In a few days he was removed to a German hospital and his right leg amputated at the angle. Subsequently another amputation of the limb was found to be necessiry, this second amputation being ut the knee, He appeared in court yesterday sup- ported by erntches, when he was represented by Mr. Charles Wholoas counsel, Mr. A. J. Vanderpool appear- ig as counsel for tne railroad company, he testimony taken on the trial was comparatively brief. Young Sweitzer, who is the principal witness on his own behalf, recited the particulars of the accident as given above, He added that at tho time of th accident be was receiving $15 4 week aS an engraver, and that in conse quenco of his injuries and long detention at tho hospital he was unable to do any work for nine months, His brother Ernest, the plaintiff and guardian ad litem, corroborated tne latter portion of tho narrative, with the additional testimony that at the time of the acci- dent his brother Max was not sufficiently familiar with the English language to use intelligently half a dozon words, This last allegation was intended to refute one of the statements set up in the delence, that young Sweitzer told various partics after the accident that it happened through his jumping off the car, Dr, Muck- ing, attached to the hospital where young Sweitzer was treated, explained the nature of his injuries and the unavoidable necesfity of the two amputations, The testimony for the defence was mainly on the points alluded to, the alleged statement by Sweitzer that he had only himself to blame for his injurics, through his reckless effort to jump off the car’ when he found the driver would not stop forhim, Ex-Mayor Gunther was called on this point, but his testimony wos rather of @ negative character, He had tho im- ression that Sweitzer made such a statement to him, ut he could not swear to it positively. In the course of his testmony the fact, however, was elicited that he attempted, on bebalf ot Sweitzer, to effect a settle- ment with the railroad company, but that the latter re- fusod to enter into any such peag nee The case was summed up by Mr. Whele, who sought to impress the jury with the fact that, if railroad com- panies, in their greed for gain, will overcrowd their cars with passengers, they should pay the penalty of such dangerous and reprehensible conduct, in case of any injury to a passenger from this cause, which ho claimed was clearly proven in this case. Mr. Vander- poel, on the contrary, stood up stoutly for the com- ny, and insisted that young Sweitzer had no one but imself to blame for the injuries he received. A brief, but clear and succinct charge was made by Judge Van Brunt. He stated that tho rules of law governing cases of this kind had been discussed by the conrts in all its phases, and that at the present time they were very distinctly and decidedly settled. The princtples gov- erning ‘the case wero very simple, and could be applied without any great difficulty aftor the jury had once ascertained the facts. He bad been requested by tho eounsel for the plaintiff to charge as to the amount of diligence city railroad companies should exercise regarding the safoty of their passengers, and he held that the railroad companies,were bound to use all reasonable diligence for the safety of passengers who intrust themselves to them for transportation. When they failed to exercise all reasonable diligence for that pur they then be- came responsible for any accident that might happen to a passenger, provided the Fareigys 4 himself was not guilty of negligence which in the slightest degree con- tributed to the injury. If they found from the evidence that the plaintiff was pushed from the interior of the car to the front platform and then crowded off the car by the crowding of the passengors, and that he used all reasonable means to protect himself and to prevent tho accident, the plaintiff was entitled toa verdict. If, however, they found, as claimed by the defendants, that he went on to the plaiform yolun- tarily, and, as was further claimed, that without speak Ing to tho driver he jumped from tho car while it was in motion, and by that means the accident occurred, the plaintiff, of course, could not recover, as it was a ore ws “the end of which time, not boing able to agree, taey were ordered to bring in a sealed verdict this morning. RAPID TRANSIT. MEETING OF THE COMMISSIONERS TO CON- FIRM THE ROUTES. At cloven A, M. yesterday the old chamber of the Board of Aldermen was thronged by solvent-looking men, who for the most part had come together to op- pose the action of the Rapid Transit Commissioners and to protest against what they deem the encroach- mounts of the elevated railway companies, It had been previously announced that this sitting of the Rapid Transit Commissioners would be a public one, and as it was thought that the representatives of real estate interests along the proposed routes would state their objections, a numbor of sightseers assembled in anticipation of a lively time. Commissioners Oliver H. Palmer, Edward 7. L@- rence and Everett P. Wheeler were present, Mr. Palmor presiding, Judge Emott appeared for the New levated| Railroad Compony, Wheeler H. Peckham, John E. Parsons and N, B, Crane for the rs, and James R. Hartshorn andJobn C. rty ownel Bimitton representod special real estato intercats. The | President of the commission opened the meeting with | a résumé of the history of the Rapid Transit Commis- sion, with ts constitution and the statute under which it was appointed. the Commissonors to obtain the permission of the property owners along the routes Lefore finally deter- mining them; that all reasons advanced why the read should not be located as previously decided would re- ceive due consideration, but that the Commission are empowered to overrule objections if they concludo that the proposed routes are good ones. Mr. A. B. Crane here stated that he appeared on be- haifof the property owners on Eighth avenue, above bo bay) aceite street, in i eri to the change of the Elevated Railroad from Ninth to Eighth avenue at that point, He said that in the bill empowering the company to extend their road Ninth avenue was ex- pressly mentioned as the route, and that the Commis- sioners of Rapid Transit had no authority to permit a change to another avenue, the residents of which were avowadly opposed to such a measure. He said that ali the progerty owners had goneral objections to the change @ut that each one had special and in many cages very cogent reasons for refusing to tolerate it, anil he thought that they deserved a hearing, Mr. Palmer replied that the commission had given the matter their consideration aud would be willing Jo Naten to all valid objections. The rest of the scssidn ‘was occupied by counsel in discussing the order of pro- cedure to be adopted in presenting the objectors’ state- monts, and finally agreed to defer till to-murrow docid- ing whether they should be submitted orally or in writing. The commission then directed all the objec- tions and appointments of counsel to be fled with the secretary, Mr. Lewis, before Monday next, Ay adjourn- ment was thon made till to-morrow at eleven o'clock A. M., when tho argument touching the reception of statements will be resumed. THE LOST HARVEST QUEEN. Yesterday afternoon a HeRaup reportor called at the | office of Messrs. C. H. Marshall & Co., tho owners of the Black Ball line of packet ships, in ordor to asceriain | what stops they proposed to take with reference to the alleged sinking of their ship, the Harvest Queen. Tho following t 4 statement with reference to this matter :— Any legal steps taken at Liverpool would be com- menced the insurance companies interested. Wo are obt ‘gr | evidence, day by day, om the subject of the collision. The ‘statements pub- lished in the Hxranp, of passengers, has been of considerable use to ua, although to render them of any ity in a court of law they have to be turned into torm of sworn testimony. Lam expecting to recolve a telegram from our agonts in Liverpool of what ts transpiring. We have no direct testimony on our side, as every poor follow on the Harvest Queen bag met a. a Had an: of them been rescued it would bave been ere t! legraphed to us. The ship herself was wholly insured hore. The cargo ‘was our own. The following are tho amounts in- — surod:— ++ +++ $100,000 DUAR veo v0 The steamship Adriatic, belonging to the White Star lino, which it 18 alleged -unk our suip, arrived in Liv- erpool yesterday, and it is possible that the Board of Trade will commence their investigation Into the mat- ter to-day at Liverpoo! You may rely that their m- vestigation will be a thorough one, and: that they will leave no stone unturned to get at the “bottom” facts, Shouid it be proved that the Adriatic sank our vessel the master’s certificate of Captain Jennings will doubt- Joss be takou away from him. SAD CASE OF DESTITUTION. A poor widow and ber two children, living ina shooty in Thirty first street, near Third avenue, are in distress, suffering for the common necessaries ie Any cbutribetice seni iv ihe iaeaio oilice bo forwarded fo the distressed woman, ' He stated that the law compelled | 210,009 | 000 THE BLEECKER STRERT RAILROAD, Receiver Southworth’s Report ead Monthly Statement, MISMANAGEMENT, ROBDERY AND CORRUPTION, A Novel Way to Organize Corporations, Condensed History of Street Rav. road Monopolies. Mr, Alvan S, Southworth, receiver of the Bleecker Strect Railroad, yesterday filed his report, accompanied by a monthly exhibit, in the County Clerk's office. He prefaced this report by stating that in bis oficial oa pacity,he construed the order of the Court in appointing him as receiver to mean that he should receive all of the franchises of the corporation from the disuse, insolvency and unscrupulous hands into which they had fallen, notonly for the benefit of the parties in iaterest, bat also for the public good. As to President Conover’s action, the receiver reports:— That John T. Conover, since 1866 the President of the corporation, has permitted the road to become a disgrace and byword in the community, using it to aggrandize his relations, who by corrupt means appro- priated largely of {ts carnings and contributed largely to its decay ‘and ingolyeney; that said Conover, as shown by the books, has never paid a dollar for his stock or bonds, although individually representing ono of the largest interesis in the corporation; that he has never paid a dollar to the road in any way, save m so far as he has indorsed promissory notes of the com- pany payablo at the Broadway Bank, and which notes were in progression of their maturity redeemed by other notes at the Broadway Bank, tho Bleecker Street and Fulton Ferry Railroad Company paying the interest; that said Conover did at other times make various ‘loans, known as ‘call loans,"” which wore satisfied on demand. VICTIMS OP THK MISMANAGEMENT, ‘This receiver further declares that it appears from the records and books of this company that the said Conover, Sharp, and others associated with them in the management of this road since the date of its or- ganization, have never invested any money in pay- ment for their stocks and bonds; nor havo they in any way contributed any moneys to the support and opera- tion of the road, but have, on the conti , drawn largely on its revenues, as shown by tho exhibit *—,’? and that to this receiver it ts cloar that the only vic- tims of this long duration of fraud and mismanagement have been thoso who have perckees interests at second hand or have become voluntary creditors. ‘THM RING RLKMENTS. Tho receiver further declares that among the cor- poet were Hagh Smith, a fugitive from justice, eter B, Sweeny, residing in outlawry, and others who seem to have been connected with the pernicious legislation of which the recent municipal corruption was a legitimate offshoot. That the receiver has discovered that not only the Twenty-third Street Railroad and the Christopher Street and Tenth Street Railroads, over both of which Jacob Sharp holds and wields a powerful influence, are en- gagod in attempts to vitiate the franchises of this com- pany, but that in addition the Central Crosstown Rail- road also wishes to destroy the franchises of this com- | pany for itsown and selfish purposes, And the re- ceiver further doci.res that duriug the summer of 1875 this road caused tracks to be Imd to Christophor street ferry in consonance with the powers of the Laws of 1873, chapter 199; that said tracks were immediately torn up by order of the Central Crosstown road, but that the Court subsequently required said tracks to bo again laid; but that they were not again laid as this re- ceiver is informed, in conformity with a bargain made between the parties interested, The report then goes on to speculate upon the value of the franchises which had not been operated upon, togother with their capacity, and dismisses this branch of the discussion by sayicg:— During this receivership (since December 27, 1875) the surplus over lawful disbursemonts has not only boon sufficient to pay the interest on the bonds, but a fair dividend on the stock—a clear proof of the past reckless and fraudulent management of the road, Mr. Southworth then proceeds to detail a tolling exhibit of general mismanagement oh the part of the company, peculation being rife from the office and in- ternal arrangements down to the lowor subordinates, and continues by giving a history of HOW STOCKS AXP TONDS WERE GIVEN AWAY. He says the origial grant of the Bleecker Street and Fulton Ferry Railroad Company was giveu in 1860 to * B Ron_ Tam, Shariée Wy abrticis 9 fia ‘Renacdy, James S Huns Charles C. fohn Fox, William =} Ay fae Wiliam H. Jobn ©. Thompson, Thomas Ky: and Joseph 8, Cra that they constructed and put the road in operation and continued to control it and its franchises and privileges until 1865, when this com- pany was organized, with a capital of $900,009 in steck and $700,000 in bonds. It appears fromthe books that allthe stock and $434,000 of the bonds were given away and = issu without moneyed considera- tion A careful examination of the minute book and stock and bond ledgers dis- closes that this gratuitous distribution was made according to a mathematical proportion, as shown by the ‘ainutes and other records; that is to say, ‘that the corporators each and severally held by: assign- ment or otherwise certain eee in the a grant, by virtue of which they Were given such tions of the stock and bond issues as would indemnify them for such interests, and that there was no discrim- nation made in the distribution as between the stock apd bonds, all going to show tbat the bonds were made to constitute a consideration, Tho report further goes on to prove that through tho negligence and collusion charged generally by tho re- ceiver the valuable franchises granted by the Legislature have become subject to forfeiture; but that the receivor “can substantiate on unassailable testimony that one T. H. Conkling ts engaged in an effort to render void the franchise of the company for the purpose of obtaining the same rights for the Central Cross Town Company. Mr. Southworth then proceeds with an exhibit of the | present condition of the road under his management, and noxt goes into an interesting subject as to tho METHOD OF DIVIDING THR STOCKS AND BONDS, He finds from the minutes that twenty-seven persons agreed in writing to take the number of shares set op- posite their respective names, as shown by the schedule making up the total capital stock of the company ; that although these subscribers received this stock ih ats totality, no monoyed consideration was over id for the same; that the distribution of stock and bonds between which in the distribution there was no dis- {iaction in their relative proportions) was as follows:. To every full share of the original twelve shares of tl twelve grantees named in the act of the Legislature of | 1860 there was an allotment of 750 shares of stock of | $100 cach, and thirty-six bonds of $1,600 each; and these shares or fractions of them were distributed amoug certain parties, according to a method still und | mined. The books show that only $94,000 in cash was | ever paid in, the remaining portion ot the $266,000— boing $165,000—represented in the purchased Knicker- bocker Stage Company, $6,000 in hypothecated bonas: and $1,000 paid for negotiation of the bonds. CONCLUSIONS, The receivor, in conclusion, states that the principal facts developed by his investigation and incumbency establish :— | _ First—That tho Bleecker Street and Fulton Ferry Railroad Company owns one of the most valuable fran- | ebises rm the city. Second—That for years it has been preyed upon by evil minded and unscrupulous men, with a view to de- press its velue and then lease or otherwise acquire its chartered rights. . Third—Yhat one month's operation of the road proved that it can pay interest on the bonds, dividend on the stock and creditably meet all liberal current ex- | penses, P°pourth—That the extensions of the franchise aro evon more valuable than the original grant. | Fifth—That if carefully managed the road would bo ono of the main arteries of the city, for down and up | town travel, and a good investinet ts | That sald receiver, in maki is Teport, avers | as a summary and condensation of the facts hereinbe- | fore detailed that the Bleecker Streot and Fulton Ferry Railroad Company has been, and is, preyed upon by rival lines wishiag to despoil it of its franchises, ii order to convert them to their own prodt; during the past few years it has been plundered by its officers and employ da; that its moneys have been ap- propriated for corrupt purposes ta legislations; that its general managoment has been an imposition on the public; that its cars have been filthy, its ranming time irregular and ite A pinged fraget yb bad; and that parties cognizant of these facts, Jd who bave been in- strumental in prodacing this cond.tion uf things, havo boot and are endeavoring to secure those valuablo franchises of which your receiver ts the lawful cus. todian for purposes which would defeat the speciti hag con 74 oe to tho Court the receiver foels ing this raat to add what he tas. with the partial ma: ition for investigation on- arrive at tho conclusions that would bo all tho parties conceraed. He iaas dili- gently sought to qualify and always tO tempor his ad. verse conclpsions with any testimony that would seemingly aaore barsh its; but with all the facts ‘of this case he cannot otherwise than conclude that tha Bleecker Street and Fulton Ferry Railroad ts one of those municipal outrages which jong sgo should have been placed at the disposition of the Court, NAMES OP STOCKHOLDNRS, Attachod to the report is an oxtract from tho articles of incorporation, dated New York, November 9, 1964, giving the names of parties taking stock, their rosie dences and number of shares, as follows Jacob Sharp, New York city... Jobn T. Conover, New York cil Mosos Biy, New York city (CONTINUED ON NINTH PAGES | torial deavored to most just