The New York Herald Newspaper, February 8, 1876, Page 8

8 THE COURTS. Dolan Resentenced To Be Hanged on the 24th of March. The Efforts to Save Him and His Protestations of Innocence. THE TWEED SUITS. Important Decisions by the Supe- rior Court, General Term, —-——— DUNCAN, SHERMAN & CO. The gallows has again cast its sombre shadow over Joba Dolan, convicted of the murder of James H. Noo, | Pursuant to the recont decision of the Supreme Court, | General Term, affirming the judgment against him, and {ts order of remittitur to the Court of Oyer and Ter- miner, (o again fix the date of his execution under the verdict rendered in that Court, Dolan was yesterday brought before Judge Barrett to be resentenced, Tho | court room was crowded, and as tho prisoner, under | whe escort of the deputy sheriff, was brought into | NEW YORK HERALD, TUESDAY, FEBRUARY 8, 1876—WITH SUPPLEMENT. pting Tweed. Here counsel offered for the inspec- tion of the jary anumber ef sheets, which contained the old alleged fraudulent accounts of (8 DEFUSCT t RING, To this Mr. Field, for the de jected, and the were laid before His Honor, a accordance the views entertained by the ruled tho miles r. Carter would claim a judgment if the prosecution sucoceds in establishing this caso; a judgment in tho full sam of $6,517,000, with interest, on tho ground that this sum represents an amount which wag robbed from the public treasury. Mr. Field, on behalf of the defence, said:—It is the desire of the defonce that as littie discussion as noed be should be had in the course of thistrial Assuming everything which tho prosecution advances be true, it city to the amount of the porcentage alleged to have been received by him. They cannot come forward with Six conspirators, recover against one of thera and re- lease the other five. Tho law of [875 docs mot cover this case. TRSTIMONY YOR THR PLAINTIFFS. Mr. Storrs was put on the stand and testified that he has been employed in the Comptroller’s office since 1857; was Deputy Comptroller im 1870; knows Hall, Tweed and Connolly; Tweed was Commissioner of Pub- lic Works tn 1870; ho was the first Commissioner up to the latter part of 1871; the witness looked into the record of the office and found evidence of a mecting of Mayor Hall, Tweed and Sweeny in the shape of & paper, which camo into deponent’s possession in July, 1871, after the “troublos’’ came; this paper was in the safe of the Comptroller; it related to the powers of the Special auditor: Mr. Field objected to any papers being submitted until they were authenticated. A bill was now handed to the witness, who testifiod to its bearing the signatures of Mayor Hall, William M. Tweed and Riehard B. Connolly, also the name of Woodward written across tho face of the paper. The ten papers in the deponent’s hand wore found in the | Comptroller's offico, but not in that part of it where they were In the custody of the County they belonged { figures on the Auditor, ‘The’ witness swore that the Papers were genuine. Jounsel for the defence contended that as witness could not swear to having seen the papers for threo or the court room, ail eyes wore turned upon him. He walked with a light’ step and | Jaunty air. He looked the embodiment of health, but | his whiskers, which have grown since his trial, gave a | somewhat different expression to his face, When Mr. | Sparks, tho Clerk of tho Court, called him to the bar, | he emerged from the prisoners’ coruer to which he | had been temporarily assigned, came forward with an | Bir of quict indifterence and took a seat beside Mr. | Wilham F. Howe, his counsel, Assistant District At- | tornoy Robbins ontered tuto a brief recital, together | with ihe stay granted in the case, aud tho proceedings | Dofore the Supreme Court, General Term, and then asked that the Court again Ox a day for the execution, THE KRFORTS TO SAVE HIM, Still determined to fight every inch of ground, and unyielding in his persistency to uso every endeavor in his power to save his client from tho ignomy ofa folon’s death, Mr, Howe moved for a new trial, on the rounds that the verdict was against the e lence and of newly discovered evidence, which was denied by Judge Barrett, Mr. Howe thon read an affidavit made by tho County Clork that there was no guagment on fle in hig office, ana Judgmont, on the grounds that the C diction in this matter; that this was a new Court of Oyer and Terminer, and had no power to sentenco the prisoner; that the old Court of Uyer and Terminer, which before triod and sentenced Dolan, was out ol existence, and that the purpose tor which Dolan was | brought here was inconsistent with the action of the | former Oyer and Terminer. Judge Barrett also denied this motion, and Mr, Nowe then inoved that the Court do not pass sentence or fix a day for non the | grounds that the remitting of the G Term did | Rot state what sentence was affirmed, what its torms | wore and the nature of the offence, and therefore that | the Court had no power to pass sentence upon the rjsoner. Judge Barrett denied this motion, and Mr. | lowe then asked that His Honor fix as late’a day as eonsistently possible, in order that Dolan inight receive the benefit of the Court of Appeals on the question of the logality of the jury trying him, soon to be brought Defore it for argument, THK RBSENTENCE. Judge Barrett directed the prisoner to stand ap. There was not that look of defance, that assumption of reckless indifference characterizing him when originally sentenced. He stood up firmly, however, and looked stoadfastly at the Judge as tho latter again uttered the | Words of terrible doom: consigning bis neck to the halter. | ‘The resentence was as follows:—‘John Dolan, you have* by your counsel taken a writ of error tu the Supremo | Court at its General Term for the purpose of | reviewing the proceedings upon your trial, That | Court, after a very pationt investigation of the case, inan exceedingly elaborate opmion, have come to the conclusion that there was no error, that you | were lawfully convicted and your sentence just. Ithow only remains to fix the day for your execution, and I agreo with your connse! thal it should be far enough off to allow your case to be taken to the court of last resort | without the necessity of applying fora writ of error. 1 sbali name a day suitcientiy distant for this purpose, and now name the 24th of March next as such day.” SPRECH BY DOLAN, After Judge Barrett had passed sentence Dolan’s | counsel stated that the prisoner wished to say somo- | Thing. Judge Barrott said that he was willing to hear | anything he bad to say, whereupon Dolan said; —"'Your Honor, {stand for the second time to be gentenced to | death for a crime which God knows I never committed. I wa3 convicted through that watch, and God knows it | came innocently into my hands, 1 never lifted my | band against any man, and God knows I ought not to be | convicted for something I never did. L never shed hu- | man blood.” Dolan burst into tears, and after uf usual commit | ment to the Sheriif was read he was led away to his | toomy cell, there to remain until the fatal day Oxed | H r carrying out the sentence of the court, THE TWEED SUITS. i The Tweed civil suits came up again yesterday in the | General Term of the Supreme Court, before Judge Wostbrook. The present jury are to try the | 90,000,000 case, Mr. David Dudley Field, coun. | eel for Tweed, when the case was called, | thanked Judge Westbrook, opposing counsel and | all to whom he was indebted for kindness and consid- | eration shown to him in his late serious domestic atfiction. Ho complained, however, of tho New York Tribune, which, he said, had not answered tho pers tinent questions he had asked some time ago, but | Dad replied by a gross attack upon him, | Mr. Carter commenced his opening statoment of the age on behalf of the prosecution. He said that during | the year 1871 this city was made the subject of the | most stupendous peculation, ‘This suit was brought to | Fecover from the defendant some $6,000,C09, which he Obtained irom the city Treasury by u of false bills and warrants. He then detailed the system of pecula- tion until the Court took a recess for fialf an hour, Mr. Carter resumed hjs address after the recess, and | afverted to the schemes of legalized frauds carried on | Whrough the medium of bogus legisiation. There was {in the Comptroller's fice an auditor Bamed Wa'ton, whose particular private part Was to contrive these frauds for Sweeny. There was also aman named Woodward connected with the De- artment of Public Works who nold relatively to ‘wood, but on a more extended scale, the same position that Watson did to Sweeny. Woodward and Watson were told that the parties presenting bilis should exaggerate their accounts in such a manuer that the bills khould be fifty-five per cont over and above the just claims, whatever these might amount to, The division of this fifty-five per cent among the confederates was on the foliowing proportion:—Twenty-five per cont to Tweed, twenty per cent to Connolly and ten per centto Sweeny, | Upon tue adjustment of these fraudulent accounts war. rants would be drawn and Watson would receive notico that soch warrant had been made ouk He would then £ with Woodward and compute the portion of money jue toeach claimant. They would next proceed to the Broadway Bank and draw upon the face of tho Warrant the fall amount, which they would receive and then go to Tweed and his confederates to di- vide the differonee between the bogus and the feng account among them In 1870 they obiaived a city charter whieh virtually placed all the Smportant functions of the ervil power in their bands, and, above all, that part of the city government which Felated to authorizing the auditing of debts against the city and the issuing of bonds or acknowledgment, The Board of Apportionment, of which Tweed was the head, bad the power to say just what debdt shoul bo paid and what should not In 1871 they had passed & “special audit” act which gave to these three persons Qn unlimited power to audit away $5,000,000 or ,000,000, there being no check to prevent them, re were altogether adjusted some $8,000,00) $10,000,000 of §=these = fraudulent ‘claims Ingersoll and other were tnatrucied by to make ont fraudulent accounts for supposed to ve furnished in s nting all the way from $5,000 to $100,000. to 1858 the father of Ingersoll was in’ the abit of furnishing chairs, ke. to the City Hall and courts. In 1868 it was intimated to him that in toturo be would have to “put up’? an extra amount in his ac- counts, which would equal the fifty-five per cent tha was to be divided Among the confedet Old Inger- tol! deeitved to do this, but bis son endertook the Job. 2 And when the Special Audit act came in fone he was iastructed to “put up,” not an before, but now, for equivalent te Afty-fve por cent # the first time, sixty-five per cent, to be « eriy; but with five per cent for Waison and dve per cent for Woodward. Among other real and fefRned names in whose favor warrants to large amounts had beon issued and paid were A. J. Malsey & Co, and otner dummies, in there claims, and if so, how m But however caroful Operation: Smith, A. G, Miller, as the city a loser h rogues aro to conceal their avo some tracks behind them by It was so inthis case. The Secoun’s ‘against tho city were drawn agaimet the Chamberiaun, and then went, after the usnal routine, to be deposited in the Troadway Bank. In the ease of Keyser he wWoulkl bo entitied to thirty. five per cent ax his just account, and Sixty five por cont loft on deposit to the credit of Tweed ‘and nis co corrupt officials. The method of Woodward ‘was different. He would goto the bank and draw at once twenty-five cont for Tweed, which the latier would deposit eit a tho Broadway Bank or in some other banking house in the city. And so, too, it wor with the other partios in the Ring. These vitls wero ii @tolen. The warrant showed onty ono aggregate som; bat a difference in the matter of interest. Tweed's (twenty-five per cout drow 0 interest; but all the other portions to Watsoi foodward, Sweeny, trow interest at the rate of fi cont. cay OY eum of thirty-five por con suppose to be founded on vaiao received "by tho ihe UFow the saume rato of interest ea she osbers, ' | claimant | to plaintif that the issuing of such a draft by Duncan, | eases argued before them. four days alter thoy were discovered he knew nothing about them. Tho Court received tho documents subject to the ob- jections of the defence, The witness was requested to look at a warrant !n his hand, and he identified the signa- tures. Thewitness described the office routine through which bills had to pass before & warrant was issued by the County Aud:tor, and sent to the Coroptroller, to tho Mayor, &c,' for sigrature, After the was paid the voucher was filed away in the office of the department, The county warrants were drawn upon the County Treasurer and paid in the Broadway Bank. At the end of every week tne warrants, after payment, were sent by the bank back to the department, being evidence of Indebted- no6s. At this poins of tho proceedings, it being now four pet as, Sag Court adjourned until to-day at half-past ten A. M. DUNCAN, SHERMAN & CO.'S FAIL- URE. Another suit bas boea coimmenced, and Is now pend- ing, ngainst the members of the late iirm of Duncan, Sherman & Co, in the Supreme Court in this city, in which they are charged with fraud in the gale of gold drafts on European houses, whieh drafts wore worth- loss and dishonored. The suit is brought by Jane Ferrero, of this city, through hor attorney, Mr, Edward L. Andrews, to recover the sum of $2,700. In her complaint she alleges that on the 2lst of July last, boing about to proceed to Europe, and desirous of placing funds there subject to hor order, she obtained trom Duncan, Sherman & Co. a draft on Hottinguor & Co,, a welt known banking firm of Paris, for the sum of | 8,000 francs, and an additional sum of 7,000 francs | to tae order of Wilhelmina Reinwald, both | beng payable at sight; that in considera tion of ‘such drafts tho defendants _obtainod trom her $4,197 06 {n gold ooin; that at the time of purchasing such draits and paying therefor in gold she believed, as was then reported, that defendants were tho owners of valuable real ‘estate in New York and | elsewhere, which stood in thelr namo on the pablic records and of which they held themselves ont to the | workd as ownera, while in truth they were not the | owners thereof, having previously conveyed It away, but kept such conveyance socrot from the public; that having received her drafls and belleving that by’ pres- entation of the same to Hottinguer & Co., at Paris, she would obtain 10,000 francs, she forthwith set out for that city. She arrived in Paris on the 3d of Angust fol lowing, and, still believing that the worthless pieces of yaper which she then hold wera the substantial equiva- jent of 10,000 franos, she presented thei at the bank- ing house on which thoy were drawa. In response to her demand Hottinguer & Co, stated to her that Duncan, Sherman & Co, had no funds with them and had no right to draw on them, but, on the contrary, were tor | some time past and then indebted to the firm (Hettin- quer & Co.) in the sum of 3,000, They further stated Sherman & Co. was a swindle, and thét if they were In France they would be very roughly handled, and, !n conclusion, refused to recognize the drafts, She could seurcely believe it possible that she had been so tricked and cheatod, and only realized it when sabsequently she learned that five days after thé sale of the draft to only amounts to the fact that Tweed ts liable to tho | | stealing $7 90 in currency from the pocket of Michael Seemed to bave profited by his somewhat prolonged rest, and to be in even more than usual vigor, amd he will probably have opportunity to draw upon it all, fer the calendar, while not containing any case of un- | usual interest, is a very heavy one. The Recorder will have to dispose of it alone, as no room has yot been provided for the holding of another part. There was an unusually large attendance yesterday of membors of the Bar and othe? persons interested in the various cases, together with prominent citizens who had been summoned to do jury duty. On the bench were also seated Judges Gildersleevo | and Sutherland. The Grand Jury was empanelied, with | Sinclair Tousey as foreman, His Honor jod their attention to the epecial statutes to be given in charge, and then speaking of the complaint made by the Grand Jury a short time ago, about the room in which they | were compelled to sit, he sald, ‘It scems to me that it | ts @great reproach to this community (hat a court ot such usefulnoss as this should be so neglected by those whose duty it is to provide proper quarters, that it re- | mained fora Grand Jury to appeal to the Court in self- Gefence, You, gentlemen, kuow, as I do, that the Grand Jury is formed of the very best men in this county, | and tt certainly demands at least snch consideration of | the county authorities as to give them deoent and | Proper quarters; yet they had recently to present to | tho Court the fact that their rooms are utterly insufll | clent as regards space; that they are cold, cheerloss | and wnventilated, The petit jurors also were forced to | lay @ similar complaint before Judge Gildersloeve dur- | ing the last term. 1 do not pretend to 4 where this blame lies, but it lies somewhere, You will remember, gentlomen, that during the last year crime had so in- | creased as to necessitate the election of another Judge im this Court, so as to hold double sessions. The Legis- | lature passed a law providing for the election of such | Judge, and in the law was incorporated a provision that the Commissioner of Public Works should provide a suitable room for holding tho new court, Since May last, however, the matter has remained in abeyance. The new Judgo was elected, and the judges are all | here ready to discharge every duty imposed upon them, Yot this Court, which probably requires the attendance of 100,000 men every year, is confined to this room. We disposed of 1,700 indictments last year, while the Oyer and Terminer disposed of fifty-foar with nine judges, I speak of those things now tn order that the eople may know that the judgos are ready to carry out | the duties imposed upon them by the statute, but are | unable to do so for want of proper quarters.” SENTENCE OF BEK, THE FORGER, Willlam J. Ree, convicted of forgery in tho third do- gree on Friday last, for having, on Fobr@ary 20, 1875, uttered a $10,000 promissory note payable at the Ninth National Bank to the order of L. M. Bates & Co., who was remanded for sentence till yostorday, was brought to the bar and sentenced by Judge Gildersleeve to five yoars in the State Prison. “His counsel, Colonel Spen- cer and ex-Recorder Smith, then went before Judge Donohue aud obtained a stay of proceedings. The caso will be further argued before him next Thursday, ROUTINE WORK. The usual business of the court was then proceeded with 8 lof the cases tried ended ta acquittals and none woro of special interest, WASHINGTON PLACE POLICE COURT. Betoro Judge Morgan. A HORSE THIEF. Charles McGuire, of No. 406 West Forty-fifth street, was hold in default of $1,000 bail to answer for stealing a horse and harness from Edward Quigley, of No. 835 Eleventh avenue, On Saturday evening Officer Clark, ofthe Twentieth precinct, while standing at the cerner of Forty-ffth strect and Eleventh avenue, saw Mc+ Guire on the horse, riding np the avenue McGuire's suspicious actions aroused the officer’s attention, and as the latter crossed tho street McGuire dismounted and ran up Forty-fifth street. Tho officer pursued, and fired several shots in order to ‘‘scaro’’ him, and final}; he found the prisoner secreted inthe basement of house which he had entered. LABCENY FROM THE PERSON, William H. Manis, alias “Black Cat”? of No, 221 Thompson street, was held in $1,000 to answer for in a saloon at No, 90 Tobin. The latter wag ead) ete a ’ ing found his money in Thompson street, and on awal Manis’ hand. STEALING CLOTHING. For some timo past Mrs. Agnes Talmadge and Minnie Adams have occaplod rooms in West Twonty-sixth stree, On Saturday last Minnie stole a sealskin sacque, valued at $175, and other wearing rel, in ail valued at $420, from Mrs, Talmadge. teotive Cunning, of the Twenty-ninth precinct, boing notified of the theft, traced Minnie and arrested her. She full, Pencrens B. She Newer, &o,.—Judgment affirmed. | inion remore, Hasbner Je Roosevelt Judgment in favor of do- fendapts should be revorsed, both as to matters of fact and of law, and a now trial ordered, with costs to the appellant to abide event, unloss defendant consents to reduce his counter claim for three quarters’ rent— $75—due May I, August 1 and November 1, 1865, consents to judgment in favor of the enon for cl and iaim, less that amount, with full costs, Opinion by Judge Robinson. Carpenter vs. Heisondanger,—Judgment affirmed. Opinion by Judge Larromore. A ‘Auman vs. Ritocbe—Motion denied, with $10 costs. | Opinion by cg 2 Robinson, * Burrows vs. Howell,—Motion denied, with $10 costs. Opinion by Judge Robinson. Anderson va. ey; Welsh vs, Welsh; Heath vs. Hubboll; Drumstadtor’ ys. Kiltian.—Orders granted. Opinions by Judges Robinson and Larremore. Leviness ys. Post.—Motion denied, with $10 coste. Opinion by Judge Robinson. Kemerty vs. Gulick.—Judgment affirmed. Opinion by Judge Robinson. Donnelly vs, Moffatt,—Jadgment reversed. Opinion by Judgo Rob'nson, Call n vs, Tho Mayor, &c.-—Motion granted. Opin- jon by Judge Robinson, Goiger vs. Braun,—Reargument ordered, with $10 costs, to abido events of the decision on appeal. Opin- ion by Judgo Robinson. Johuson ve. Morgan.—Exceptions overruled; judg- ment ordered for a diamissal of the complaint. Opinion by Judge Larremore. Kemp vs. Knickerbocker Ice Company.—Judgment affirmed as modified, Opinion by Judge Robinson, COMMON PLEAS—SPECIAL TERM. By Judge Robinson. Jerrett ya, Miller et a—Judgment for plaintiff on demurrer by default, COURT CALENDARS--THIS DAY, Svrnexe Court—Cuannens,—Hold by Judge Law- rence.—Nos, 40, 41, 80, 81, 82, 114, 150, 161, 190, 191, 225, 227, 415, S24, $41, '360, 367, 868, 309, 371, 372, 874, 976, 376, 77, 379, 380, Tan. —Held by Judge 22, . SuPREME CourT—SrecraL Van Vorst.—Nos. 251, 202, 19, 80, 54, 66, Tl, 72, 76, 89, 99, 95, 96, 07, 08," 09,°100, 102, 112, 119, 120,” 1: 274, 1b4, 136, 139, Surreas Covnr—Cmeurr—Part 1.—Adjourned for the term. Part 2 (January verm continucd)—Held in General Term room by Judge Westbrook.—No, 2,006. Part 2—Held b: Judge Donohue,—(Court opens at ten 1 Bot A. M)—Nos. 1454, 178, 4g, 1284, 1514, 1176, S441, 226, ois weal 492}5, am 4223, 4087, 1597, 1818, 944, 11434, 936, 1142, 614, 974, 992) 1026, 1080, 1 1086, 1638, 1040, 1042, '1046, L048, 1060, 1058, 1 1060," 1062, 106242, L094, 1070, Part 3—Held by Judgo Larremoro. Nos, 1784, 2077, 689, O17, 1907 3¢, 867, 61 1186, 1095, 672, 872, 346, 1049, 2o04, 1008, 1047, 1085, 1059, 1061,” 1008, 61, 1111, , Lah Scurrkwk CocrtT—Gengrat Teru—Held by Judges Spoir and Sunford,—Nos, 14, 15, 17, 18, 19, 20, 21, 23, 2, 25, 2, 28 29, 3. uPeRion Oourr—Triat Txrx—Part 1—Held Dd; Judge Monolu—Nos, 741, 761, 1875, 207, 735, $35, 40' 839, 701, 1217, 831,"787," 1001, 883,' 885." Part 2—Held Judge Cartis,—Nos 1218) 862, 726, 916, 1326, 534, 1183, 416, 722, 963, 716, 064, 968, 868, Common Piwas—Triat Txrm—Part 1—Held by Judge J. F. Daly.—Nos. 1181, 1280, 2217, 109634, 986, 1978, 2140,1024, 2200, 1093, 1111, 1157, 1183, 2184," 254,' 1098, 1678, 2049, 2291, ‘art '2—Hold by Judge Van Brunt,—Noa. 1187, 1276, SrA, 1412, 1415, 2173, 2173, 728, 1447, 18753, leiy, $813, 743, 2222, 1666, 1607, 1508, 1519, 109, 1516.’ Part3—Hold by Judge Van Hoesen. — Nos. 1505, 1511, 1512, 1513, 1515, 1516, 1617, 1520, 1521, 1624, 1624, 1626, 1626, 1524, 1528, 1529, 1531, 1584, 1534, Common Pieas—Equiry Teru—Held by Judge Robinson.—Nos, 1, 5, Marixe Covrt—Trut Teem—Part 1—Held by Judge 2995, 1214, 6163, 6209 Sie Bao, 6774, 2855, 1205, 828% Goan 0561 Par Held by Judge Alker.—Nos. 6140, 6466, QTL, 1070, S849, 183, 2041, G24, 6244, 6245, 6572, ONS Part'3—Held by Judge McAdam. —Nos. 6069, 6508, 5! 8546, 4042, 6185, 6229, 5988, 5808, 5908, 6653, 6680, 6494, 6301, 6313, 6087, 5661, 6230, 586, 5845, 5018, 2015, 3107, 6459, 6495, 6579, 6651, 6677, 6702, 6745, 6728, 6729, 6730, 5658 Court o¥ GENERAL SRss10NS—Held by Recorder John K. Hackett.—The People vs. Ann McNally, robbery; Same'¥s. Terrence McKenna and John Grant, robbery; Samo vs. Frank Rafforty, burglary; Same vs. Jamos Casey and Honry Gibson, burglary; Same vs. Jobn Buckley, burglary j Same vs, Walter McNeil, burglary j Samo v8 John McQuade, burglary; Same’ va. Kittie Laverage, grand larceny; Same vs. Jane McCune, grand larceny; Same vs. David Murphy, grand larcony; Same vs. Henrietta Mead, grand larceny; Samo va, Michael Carney, grand larceny; Same vs. Annio Mack, grand larcony; Samo vs. John Boamish, forgery ; Samo ¥s John Oochran, Morris Fitzgerald, John White Mathew Manning, Peter Eagan, Jamos’ Fitagerald and William Watson, cruelty to animals; Same ys. John Gullary, cruelty to animals; Same vs, John Catlon, petit larcony. admitted the theft and said she had pawned the seal- skin sacque, but the other propery was found on her person, Bhe was held in $1,000 to answer. DECISIONS. SUPREME COURT—CHAMBBEBS, By Judge Lawrence. Dummer vs, = pg en granted as settled. her Dunean, Sherman & Co. had failed, after having | conveyed away the most valuable portions of their property. 7 Argument on the motion is set down for Saturday next, when Mr. E, L. Andrews will appear on behalf of the plaintiff, and Messrs. Larocquo & McFarland on bebalf of defendants. SUPERIOR COURT DECISIONS. ‘The judges holding the Supertor Court, General Term, last month renderod yesterday their decisions of the were embodied in lenglity opinions. Among the most important of the decisions was that of the case of Jacob Cohen against the Dry Dock Rail- road Company. While driving his buggy through Catharine street, Cohen's progress was arrested by a throng of trucks and other vehicles, a | get d of the hind wheeis running on the track of the railroad A ear soon approached, and tho driver told Coben, “Damn you, if you don't get off here; T am late, and I will get you off somo way or other,” "The driver drove on, up- Botting the buggy, throwing Cohen out and doing ‘him sorious tujury. At the trial of the caso the complaint was disinissed on the ground that the company was not Hrable for the maticions acts of its employes, ‘The Court, on appeal, orders a now trial of the case, Inthe old suit of James Hamilton against the Third | Avonite Railroad Company, which has been tried three Umes anda verdict each time rendered against the company, the General Term affirms the Jadgment given io pilton’s favor. The suit was for damages for in- jaries sustained through being put off a car above tho dopot on account of not having a transfer ticket. The railway company, whieh prefers appealing from judg- ments to paying them, will donbtless carry tho case to | the Court of Appeais. SUMMARY OF LAW CASES. | The retrial of the “Count Joannes” suit against the | New York Times for alleged liber, in which he claims | $75,000 damages, was commenced yesterday before | Judge Donohue, of the Supreme Court, At the first trial a verdict ot § was rendered agaist the defend- | ant. The plaintiff is bis own lawyer. | Morris ?. Bissinsky, the collector of postal matter, | arrested for alleged robb: of the mails at station R, in this city, of some one vbousand letters, was taken before United States Commissioner Shields yesterday, and held auder $5,000 bail for examination, which was fixed for throe P.M. to-day In tho United States District Court Judge Blatchford has rendered his di mington aga: and interest jon in the suit of William T, B e schooner Ida Le from July 1, 1875, the same being the amount of wages alleged 'to have been unpaid and due to ¢! ollant vices rendered from De- cember 4, 1874, to July 1, 1875. The amount claimea was $; Mr. W. J. Haskell appeared for the libellant, and for the claimant Me Ronedict, Taft & Benedict, United States Commissioner Richard E. Stillwell, Deputy Clerk of the Circuit Court of the United States for the Southern district of New York, has resigned his position as Deputy Clerk of that Court, but retaing his position ag United States Commissioner. He has been connected with the courts during the past thirty five years, and has won the admiration and respect of the inembers of tho Bar, It is understood that Mr, Duell, United States Assistant District Attorney, will be made Deputy Clerk, to All the place made vacant by the resignation of Mr. ‘Stillwell. Adam Roediger has brought suit against Zachariah B Simnions and others, as lottery dealers, to recovor $22,840 44, being twico the sun he alleges that he S lost through the purchase of their lotuery tickets, such being the ponalty allowed by statute for Feoovery The case came to trial yesterday before Judge J. F. Daly, of the Court of Common Pleas, The defence 1s a general ignoring of the plaintiff and his allegations, they denying that they owned the lottery or ever sold Miui any policies. The plamtif, however, gives very substant nt toolacap, action protiy business. bstance to his allegstions, as the com- covers over 600 pages of closely written Specitying minutely each separate t musing and gn u seep 7 occupy several days, tof Common Pleas, ernor Tilden to hold cireuts ered yostertay upon the dis- ties pursuant to such assigoment. Ho upreime Court, Cireait, Part 3, the first case com- ve him for trial being the suit brought by Mk Hiday against the city for repairing Tompkins Market. Tho defonce was that the repairs were not completed in accordance with the contr: " Larremore, in his own Court bas, perhaps, had a larger experience than any other Jodge im trying ibis class of cases, gave such cloarness to h hAEO as to Temove all question of doubt from the minds of the jury, who brought in a vordict for $4,699 09 for the pininti, veing the full amount claimed with interest. Frere Was poxt brought before bim for trial the case of A. T. Stowart & Co., against the Now York Trausfer Company, invotving “some interesting commercial questions, whieh will probably occupy two or threo days. COURT SESSIONS. Refore Recorder Hackett. ACCOMMODATIONS FOR THE COURT GRAND JURY, AND THE Recorder Ho bench of the Court of General Sessions, over which he ox, | Will preside during the oresens tarm, Hua Honor | by Judge Robinson Some of these decisions _ ots yeterdaz took his seat apon the ; ¢ judge Donohue. Bradburst ys. Bell (No. 1) and Samo ys Same (No. | 2).—-Motions granted, with cost. | "Nash vs Nash.—Report confirmed and judgment of | divorce granted to plainti®, | Heatherton va, Heatherton.—Motion dismissed with- | out costs and with loave to renew upon proof of the | service of Judge Tappan’s order on the defendant per- sonally, and alsoon the motion papers to puuish for | contempt being served on said defendant in person, The affidavit in one tion is no defence, but the defendant | mast be strictly regular befere imprisoning plaintiff. | Kent vs, Ene,—The writ was not served unt!l Thurs- | day, the 20th of January. The property was delivered the 25th; at all events that is the | | dato of tho ‘affldavite of the two keepers. I | | will allow six full days at $3 0 ay | to each man, in all $36 60, forserving the writ, Bull | taxed at $36 50, Cameron and another vs. Koeley.—Points may be re- turned to defendant's attorneys on their calling for same, | Rucker vs, Mead.—Memorandum. | Langdon va Gray ot al.—Injunction refused; $20 | costs of motion to successful party to abide eveny Memorandum. | Langdon vs. Gray (No. 1).—Same decision. | Matter of Kingsbridge road.—All the objections to tho | original report havo been met by this supplemental re- port, and that tho potitioners are now entitled to their order. Rogers vs. Wall.—I think the plaintiffs are entitled to an order for the appointment of a receiver (who may bring such actions as he may be advised and as the Court may authorize) upon filing a bond, with two sureties in $1,000. ‘Angel vs. Vandorkoest.—Memofandum. Sistaro va. Bleecker Street and Fulton Ferry Rail- road Company et al., and Harlow vs, Same.—Receiver may be joined as a party defendant and may interpose | an answer simply averring his appointment as receiver and submitting his rights to the protection of the Coort, but not setting up anything in hostility to the plaintitts, SUPERIOR COURT—SPECIAL TERM, By Judge Sperr, Scott vs. Equitable Lite Assurance Society et al.— The defendant must have judgment, Findings must be submitted on notice. Opinion. Fowler vs. Congaon.—Case settled, By Jadgo Sedgwick. Putnam et al. v8. Van Riper ct al—I do not think | the defence is in bad faith. Motion denied. | Barnard ve, Bound et al.—Thero may be cases not under $122 tn which an action im the nature ofan | action of interpleador may lie. This application should | be denied. « SUPERIOR COURT—GENERAL TERM. By Judges Curtis and Sedgwick. Jothrau et al. vs. Hanover National Bank. -—Order | reversed, with costs to defendant, to abide event of ac- tion. Opinion by Judge Curtis. | McPherson vs. Renucr.—Order affirmed with costs. | Opinion by Judge Van Vorst, Oflinger ve. Do Wolf.—Order affirmed, with $10 costs | and disbursements to be taxed. Opinion by Judge Sedgwick. 4 vs. Moore,—Jadgmont and order affirmed, | with costs. Opinion by Judge Sedgwick. | Hamilton va. Third Avenue Railroad Company.— Judgment and order affirmed, with costs, Opinion by | Juuge Curtis Cochran vs. Gonwald —Judgment reversed, with costs to appellant to abide event. Order of referonce vacated; new tral ordered. Opinion by Judge Sedg- wick. Irwin et al, &c., vs, Chambers —Order affirmed, with $10 costs and disbursements to by taxed, Opin- fon by Juage Sedgwick. shor ws, Hope Mutaal Life Insurance ( Leave granted to defendant (o appeal to ( Appeals, under chapter 822, Laws 1874, on g ity as offered, and as ts required by section to siay execution of Judgment, Curtis, Pierce va. Brown.—Order affirmed, with costs. Opin- | ton by Judge Cortis. Pierce vs. Brown.--Judgment affirmed, with costs. | Opinion by Jadgo Curti: | Mitchell, &c., vs Vermont Copper Mining Com- pany.—Judgment affirmed, with costs. Opinion by | Judge Sedgwick. j Nelson vs. Sup Mutaal Insurance Company.—Judg- ment aflirmod, with costs. Opinion by Judge Sedg- wick. yall, &c., v8. Konnedy.—Jadgment reversed, now trial ordered, with costs {o abide event. Opinion by Judge Curtis Hegeman rs. Cantrell.—Order affirmed, with costs. Opinioa by Juage Curtis. Cohen vs Dry Dock Ratiroad Company. —Piaintims exceptions sustained. Verdict set aside; new trial ordered, with costs to abide event, Opiaion by Judge Curtis. Fielding vs. Waterhouse, —Order granting now trlal | affirmed with costs, Opinion by Judge Sedgwick. Kenyon vs. Sherman ot al —Judgment and order fe- versed, new trial ordered, with costs to abide event, Opinion by Judge Curtis, Wh teman vs. Connor, &.—Judgment ordered for pistols upon the verdict, with costs. Opinion by udge Curtis arpenter 8, Brand.—Motion denied, with $10 costs, Per curiam. SUPERIOR COURT—TRIAL TERM—-PART 1. By Chief Justice Monet, MePherson ys, McReynolds. - nates dented, with costs, MON PLEAS-—-GENERAL TR. ice Daly, and Judges Robertson, Larre- more f Murphy, —Jucgment afirmed, Opinion | code, t | | Opinion by ‘Judge | | | Ry Chiel Ju Joaney ve ' about five year: Movion for new trial — COURT OF APPEALS. , Aupaxy, Feb, 7, 1876, ‘No, 152, Goorgo F. Perkins, and another, respond- ents, vs. Alfred S. Hatch, appellants.—Argued by L. KR Onittenden, of counsel for appellant, and by J. A. Shandy, for respondents. No. 151, Peter Boos, respondent, ve The World Mutual Insurance Company, appellant.—Argued by J. M. Van Coit, of counsel for appellant, and submitted for ndent. 0. 168, Brace vs, Kelley.—Passed. Yo. 172. Adam D, Wheelock, assighee, &c., and an- other, respondents, vs. Henry M. Lee, appeliant.—Ar- gued byrueorge W. Van Slyck, of counsel for appellant, and submitted for resporaent, No, 114. In re petition of Fincke.—Passod. No. 175. Anthony Pollock, respondent, ys. Jobn 8. Schultze, receiver, &c., appellant.—Passed No. 180, Tho Board of japervisors of Kings County, respondents, vs. Anthony Waltor, appellant, —P: No, 180%. Rose Conlim, respondent, vs. Mary A. Cantrell, ppellant. —Argued by H. H. Morange, of counsel for appellant, and by J. Hildreth, for respond- en Proclamation made and Court adjourned. CALENDAR. The followmg is the Court of a day calendar for Tuesday, February 8, 1876;—Nos, 177, 182, 194, 187, 192, 196, 107 and 193, RUBENSTEIN. CRIES OF DISTRESS HEARD—TESTIMONY FOR THE DEFENCR—SOLOMON KRAMER’S SANITY INVES- TIGATED. The trial of Pesach N, Rubenstein for the murder of | | Cemetery, on the binrsp diy Spe ovidenco a8 to Kramer being pros- ent at the soc: meeting ou December 12. Hermann Tishinan, of Sixth avenue, gave similiar Julius Li of No. 118 Bighth avenue, brother. in-law of Kramer, testified that bel to the same eo as nd met him there on the night of tho 12th of December. In reply to the District Attor- ney witness said he did not know the prisoner, nor had he heard of bim before the alleged murder. A fow days after witness heard of the murder Kramer's wife camo to him and asked where he was. Jolm B, Roncey, clerk at Cypress ‘ls Cemetery, who keeps the books of that institution—There was no Jowish funeral there on the 12th of December. wW. Hitton, Superintendent of the Salem Freed jamaica pinnk road—There is no other entrance to the Jewish Cemetery, except that on the Jamaica plank road; a child was buried there that day; the body came from Williamsburg; the child had diod from smallpox aud witness buried it; tho father and three boys Were present; that was the only child buried there that day; he did not know Kramer, but he had heayl ho had boen at his office two or threo days after the alleged murder, J. L. Johnson, marble cutter, who had charge of two Jewish cemeteries on the 12th of December—No chil- dron were baried there on that day, Patrick Daly, superintendent of a Portuguese ceme- tery on the Jamaica road—No child was buried there on the 12th of December, Joseph Barnsby, another Cemetery supertntendent on Fresh Pond road, was examuned, There was a child buried there on the 12th of December from Thirty- @ighth siroet, New York; witness saw Kramer in the cemetery on the 15th; nobody was with him but his baskeis; witness did not see him pointing to a grave, nor did he see him do anything. Joseph Zetler, stonecutter, testified that he knew Kramer; saw him at Peh Mach Pelah Cemetery; Kra- mer wanted to show him tho we tho body in which had been buried on the 5th of December, ‘Adolph Kramer, of East Houston street, brother of Solomon Kramer, testified that {t was the habit of the latter to come w his house every Friday for dinner ceased to do so after the murder; saw him three weeks after at Detective Zundt's house in Brooklyn; witness asked him how did be como there and he replied, ‘I was ata funcral whon the thing happened;’” then he grew angry and said, “ict me alone.” i! After a brief recess the examination of this witness was resumed ;—Hits brother had told him he had gone out riding in a carriage; that he hadasked a man to give him a ride and the man said “No,” and then he said his cap blew off and he was afraid and he came home; witnesa addod that on another Sunday he told another story; that his brother was honest but foolish. In reply to the District Attorney the witness stated that his brother was ubout sixty years old; that he came from Prassia seven years ogo; he had then learned tho trade of a furrier; wituess did not believo his brother was of sound mind, as on different occasions he had stated matters of a foolish nature. 'Yo Mr. Beach—My brother was nover able to obtain the wages of a first class workman; ho could not count accurately the skins he had dressed; he could not add figures ; he was tn the habit of muttering to him- wolf; ever had a child. Michael Dresner, of Thrcop avenue, was next ex- amined, He knew Solomon Kramer; his reputation was that of a gossiper from one house to another, and that no dependence was to be placed on what be eat; Kramer's brotber and others had said that Solomon was not in his right mind, . Adolph Katsky, furrier, stated that he had employed Kramer and liscoverea that he was not truthful, and cited rai instances to corroborate his state- mont. Corneltus Messerts testified that Kramer had worked pt ital his roputation for truth and veracity was not After some further like testimony the Court ed- journed unt! ten o'clock this moraing. THE ENGLISH RAILWAY SLAUGHTER, rs NAMES OF THE KILLED, DION BOUCIGAULY'S SON AND OTHERS. {From the London Times, Jan. 24] In the Times of Saturday a short account was given of tho fatal collision which occurred on tho previous evening at the Abbot’s Ripton block signil-box sta- tion, about six miles north of Huntingdon. At that time no intelligence had reached either Huntingdon or London of the terrible extent of the catastrophe, by which it now appears thirteen persons wore killed and a large number seriously injured, KILLED, Mr. Dion William Boucicault, aged twenty-one years, eldost son of Mr, Boucicault, the dramatic author and actor. This young man had been on a visit to some friends in Lincolnshire, whence he was returning on Friday evening by the Scotch express, His ren were recognized by his visiting cards and other docu- ments found on his person, Mr, and Mrs. Boucicault were not aware that any accident had happened upon tho Great Northern Railway, and it was not until after the termination of their performance in the ‘i ‘heatre on Saturday e raun” at the Adelphi that they were informed of the loss they had sustaine Tho intelligence was conveyed to them by Mr. Chris- topher Heath, who had been to Huntingdon 0. fessional attendance upon some of the sufferers, and the remains were yesterday positively identified by an uncle of the deceased, Mr. George Boucicault, Mr. Ben Jolliffe, of Yatford House, near Shorweil, tn the Isle of Wight, gentieman farmer. Mr, Joiliffe met his death under poculiarly distressing circumstances, He was returning with a friond from Edinburgh, and although the carriage in which they were travelling was thrown over on to its side by the collision with the coal wagons, neither Mr. Jolliffe nor bis fmend suf fered except by the shock, from which they speedily recovered, and applied tdemselvea with groat activity to assisting other passengers not so fortunate as them- solyos, In this way be | had already rendered valuable aid to several ies, when Mr. Jolliffe to havo gone forward with a view of inspecting more closely the wrock of the engine and front coaches of the train, the first three or four of which wore broken up. While thus couauee the Leeds down express was rapidly approaching Abbot's Ripton, although unobserved by Mr. Jolliffe, -agyercens the poise armng from the steam blowing off the Scotch engino then lying broadside on the slightly ris- ing embankment on the down side of the railway. Mr. Jolliffe stood here unconscious of danger up to the mo- ment when tho Leeds express das! broken fragments of the Scotch train, and thon, Itself rolling over on to the down stce embankment, crushed Mr. Jolliffe beneath its ponderous weight. Ho died in a very few moments, PURCHASING DOCK PROPERTY, SHALL THE cIry ACQuins Pree wo. 44 Fos » Tho Finance Committes of the Board of Aldermen, consisting of Messrs, John Reilly, Morris, Colos, Guat. zer and Billings, held an adjourned session yesterday — to take into further consideration the pur- chase pier 44 North River by the city for the sum of $250,002, A resolution of Mr. Gross hud beep previously introduced im the Board of Aidermen direct ing the Sinking Fund Commissioners to refuge their Sanction to such a large expenditure of money. Mr. George W. Blunt made an address to the com- mittee in opposition to the purchase, He contended it was douvtful as to the authority of the Inman Steam. ship Company to give proper title. The State pos sessed the power to build @ railroad outside of the pier and could not be held liable for damages to tho city. Owing to the general. use of steam vessels dock property in this city had decreased some sixty per cont. A steamer of 3,000 tons could accomplish as mach as ten sailing vossely 1,000 tons each. It followed as a matter oP eotees that ten ships would take up more room than one ship. Twonty vacant berths existed betweon Hamil and Catharine ferries on the Brooklyn side of the East River. There wore also twenty-five vacant berths on the New York side between the Battery and Corleara Hook. The genticman then asserted that the Dock Department had already wasted $5,000,000 and nothing had been gained by the expenditure but a pier at tho Battery, which would probably be knocked to pieces on the first collision with a vessel, When the wind blew hard no vessel could lie on the southerly side of it, He suggested the building of bulkucada alone, After that piers might be erected at the request of re- LY ne companies, who might lease them at protita- ble rentals. Alderman John Reilly—mr. Blunt, what do you sup- pose would be a fair valuation for pier 44? Mr, Blunt estimated the value at $100,000, A pur- \ chase by the city would only consist in the acquisition ofan casement, In his opinion, looking at fe ate s financial condition of the city, he thought it bad policy to make the purchase at any figure. The piers had been extended too far into the river by the Dock Com- missioners. We had Havomoyer and Van Nort before the Grand Jury on this point We also had Mayor Wick presented Aldorman Jonn Reilly—Would not Mayor Wickham go beforo the Grand Jury? Mr. Blunt—No. He calls me a nuisanee, and he may be right. (Laughter.) Aldorman Coles (to the reporter)—Put that down, Mr. Blunt—Yes; put that down, I am glad to be called a nuisance by such & man as Len Wickham. £ have lived in this clty since 1310, and I have never yet seen such an infernally managed jJocal government, Mr. N. Beers, from she Council of Political Re- form, followed Mr. Blunt. Ho said the dock property of Now York city represented about 1,647 building lots. If they should bought at the same rate as that proposed for pier 44 they would cost $24,000,000. Dr. Schultz, representing the German Taxpayers’ As- sociation, spoke on the same side as his predeces- gor. The Chairman of the committee, Alderman John Reilly, then stated it was not necessary to hear apy further argumonts. The committce would report owing to | through the | Miss Klizabeth Burdon-Banderson, agod twenty-seven | years, eldest daughter of Mr. Kichard Burdon Sander- | gon, of Budle House, Newcastle-upon-Tyne, This young lady was travelling with her father, mothor, Sara Alexander was resumed yesterday morning in the Kings County Court of Oyer and Terminer. There | was, as usual, a large attendance. The prisoner, who | looks extremely haggard and dejected, listened to tho | evidence with seeming indifference, and throughout | the entire day betrayed no emotion whatever, Sev- eral of his relatives sat near bim and manifested great intorest in the proceedings. The chief feature of the | evidence yesterday was the effort to disprove the state- | meut of Solomon Kramer, that he had heard the cries | of Sara Alexander at the time of the alleged murdor, | ‘William Conradi, the first witnoss examined, tostified | that he lived at Ridgewood, near East New York; on | | the 12th of December he was visiting his brother-in-law | at East New York, and while passing by tho Byergreens | Cemetery heard a screaming {rom the direction of the | resorvotr, as if from a person tn distross; the wiad was blowing from east to west; these screams lasted half a minute, In reply to the District Attorney the witness | farthor stated that he could measure the time occupied | by the screaming. The District Attorney held a watch in his hands, and after just twenty-eight seconds the witness said that was about tho length of time the sound lasted. The cries were those of a woman’s voice. | ‘The screaming was mingled with some words ho could | not understand, ‘The witness was cross-examined by Mr. Boach, when it appeared tbat at the time be heard the screaming ho was nearly 3,000 fect from the scene of the alleged moardor, “Witness did not see anybody at the time; both he and his wife, who accompanied him, were very | much frightened; he mentioned the circumstance to a constable at Ridgewood. Mrs. Sarah Couradi, the wife of the foregoing wit- ness, gave corroborative testiinouy. She heard to screaming four or five times; she pointed out to Police Ofiicer Close the place where stio stood when she heard the cries. ‘This witness was not cross-examined, and District Attorney Britton announced that the prosecution rested here. ‘| TRETIMONY OF LOUIS & DAVIDSON. { Louis 8. Davidson called for the defence—He testified that he carried on the business of a merchant tailor at the corner of William and Beekman streets, New York; he belonged to several societies; he knew Solomon Kramer, who had testified in this ‘case; Kramer was at a meoting of one of ihe societies of which he (witness) was President, ou December 12, at rooms im Canal street, Tn cross-examination by the District Attorney he | | said that the members presont at the meeting referred | to numbered about thirty; he bad known Kramor for { be (witness) was not present at the | previous monthly meeting in November, and prior to | that he bad not attended the meetings for a year, he could not swear that Kramer was not present at the meeting in‘November or for the previous nine months; among (bose present at the meeting on December 12 were Siovon Schulz, Samcel Levi, R. Isaacs and others; Mr. Steinbarat, a friend of Kramer's, was present an , asked for a remission of his ducs; could not remember how Kramer was dressod, but remembered seeing him during the meeting and observed him going owt with | Steinhurdt; the meetings are held in Pythagoras Hall | Ganal street; witness know nothing ot Kramer's moral | standing. | | CORRORORATIVE TRSTIMONY. | Rafacl Isaacs testilied that Kramer sat next to him at the meeting of the rocioty Deeember 12. Morris Steinbardt also testified that be saw Kramer at the meeting in question aud spoke to the President | and brethren to have Krainor's dues remitted, as he | sald be coukt pot make a living; Kramer went hom with witness and took supper; witness first knew about Kramer having given testimony im this case [rom tho | German newspapers. testified that she saw Kramer at hor house twee on } December 1 at aif past three and again at six o'ciock | on that day; ebe remembered tho date because every woman paid attention when hor husband paid his dues, Bicbard Gottschalk. of Na 22 Kasex streak earrove- Steluhardt, the wife of the precoding witness, | younger sister and only brothor tn the Scoteh express, She had not suffered severely from the 6ret collision, and her brother, who isa law student in the Temple, was endeavoring to assist her out of the wrecked car. riage in which tho family were riding, when the Leeds express arrived, and, crusbing over the spot whore the broken carriage lay, ran through the compartment in which Miss Sanderson was fixed by some portion of a broken carriage, killing ber instantly. ler body was. afterward found beneath one of the carriages on tho down line, Miss Margaret Bardon-Sanderson, aged twenty-four years, sister of the preceding. This lady was also com- ratively uninjured until tho Leeds express had immo- fate the Scotch train. Sho was then found entangled ainong the iron framework of ono of the reg. whero hor brother found her. She complained that she head lost all sensation below tho wi and died a few moments after giving utterance to this expression. A number of others were killed im the samo way. THE INQUEST ON YOUNG BOUCICAULT’S BODY. {From the London News, Jan. 25] Mr. George D, Boucicault, No. 12 Carzon street, May- fair, gentleman, identified the body of Dion William Boucicault, He deposed that he himself was the brother of Mr. Dion Boucicault, the actor and author, of No, 326 Regent street the latter, and was twenty years of ago last May, Ho wa coming from Lincolnshire to London on Friday | night last, having been on a visit there. Mr. Boucl- cault, after giving his evidence, added:—“I hope, Mr Coroner, you will allow me to record my it against Lhe inhuman conduct of the railway authorities with respect to my brother, yy were perfectly well aware ai the time of the aecident or a few hours after- ward tbat this gentioman was lying here a corpse. = Mr. them, but he could get no reply. tification was on the person of the deceased. very posaible iden- He had | of which $14,309 40 is believed to be good. Tho actual The doceasod was the son of | Boucicault telegraphed, he wrote to | his watch, with bis namo engraved on 1, asa gift from | his fatber; he had letters; in fact, he had hege d proof of bis identification, In addition to using all these means of gaining intelligence, my brother sont to Mr, Forbes, at the head office in Loudon. He heard an av- cident had taken place, he expecied bis son, bat he could get (rom Mr. Forbes no y. The rst inform: tion he received was about (eo o'clock on Saturday might, when an evening paper was thrust into his hands, His agony, as you may imagine, at tho news it contained was groal; and it was more mtensified when be found that he bad been (ubfilling his professional duties while bis beloved son was lying a corpse in the imGrmary here. donco, No. 448 McDonough sircet, near Vanderbilt av nue, Brooklyn, on charge of swindling, by Deputy Sherif George Hardy, yesterday forenoon and lodged in the Raymond Strect Jail, Two wooks ago a requist- tion was received from the Governor of California by Sheriff Daggett, of Kings county, for the arrest of Sum- ner, but, as the papers were dofeotive, they were ro- turned for correction. When retarned they were placed in the bands of the deputy named, who vod the ar- rost, It ts alleged that the prisoner has defrauded citt- wns of California to the amount of $200,000. The ac- | used was at one time a member of a promi. nent church in that Stato and is said to have had great confidence repored in him. Ho left that State in November and came to Brooklyn, whore he has been living in secinsion. To-day he wil be delivered to the custody of Detective orne, of California, when he will bo sent back to answer the numerous charges which are sald 40 be ponding against bim there, He was at one ume adeacon im the Firgt Baptist church of Oukland, Cal, and thoro a sensation by making charges against the pastor, Re’ Mr, Pasball, on the ground of being too familiar with gotug o! the (erate wembers of hig flock, Ih is said that he swine tion out of rod! osmase Lo the amanat | Pia | The followt Aled mombers of that ee | ed cortatn 3 i inst the purchase, He had not come to this con- clusion from any statements he heard during the two ; sessions just held, but from what be had read in tho newspapers. As one of the Sinking Fund Commission he would cast his vote against the purchase. ‘All the members of the committee then agreed to re- port back to the Board in opposition to the scheme, when they adjourned. The matier will now be taken up by the Commissioners of the Sinking Fund, THE OBLIGATIONS OF RAILROADS. To Tue Evitor or Tas Henatp:— Many complaints, both editorial and from correspond- ents, have appeared of late in your valuable journal as to the manner {n which our city railroads are con- ducted, aiso come few suggestions as to the means by which the cause of complaint can be remedied, the ma- jority asking legislative aid to accomplish the object. Let us first ascertain the remedy now afforded by law and enforce It, if sufficient; if not, then apply for such further legislation as may be nocessary. The Seventh Avenue and Broadway road was tncor- porated in the year 1800, Section 2 of the act of incorporation provides as follows:—“Said railroad shall bo constructed on the most ap- proved plan for the construction of ¢ity railroad: and shall be run as often ns the convenience of the passengers may require, and shall ve subject to } such reasonable rules and regulations in respect thereto as the Common Counell of the city of Now York may, from time to time, by ordinance pregcribe,’’ | To remedy the evils complained of, let avy and every one who bas knowledge of facts showing that the Sovonth Avenue Raiiroad do not run their cars ag re- quired by thoir charter lay tho facts before the Alder- man of his district and demand that such ordinance aa may be necessary to eniorco tho rights of tho citizens be passed by the Common Council; or the co! ny may be deprived of its charter. Ie is well settled by the decisions of our courts that corporations are incorporated primarily for the bene of the pablic, and that the acceptance of a charter binds the corporation to the performance of all its conditions on penalty of torfeiture of its charter, Oar statute laws also provide that the Attorney Gen- eral may bring an action to vacate the charter of a corporation whenever it sball have done or omitted any act which amounts to a surrendor of its corporate rights. Let our Common Council, therefore, by reso- tution, request the Attorney General to take proceed- ings to have thocharter of the Seventn Avenue Rail- road declared forfeited by reason of its failure to comply with the reqnirements of its charter. A petition to the same officer ber | the in your same redress should be placed for signatures office and other public places in the city. And I would ask that one aud all who feel themselves aggrieved waste no further time -in idle complamt but earnestly and energetically enforce as far as thoy can the remedy now by law given. Thave referred to the Seventh avenue road not be- cause it 1s worse managed than the others nor because the remody oo gure is not sy applicable to all the other roads, but for tho reason I would concentrate action to procure an effective application of the remedy proposed, and I heve no doubt proper action in the case of the Seventh Avenue Railroad would soon cause the other roads to remove all cause of ets otiow. BUSINESS TROUBLES. The affairs of the firm of J. & T. Pearsall, fruits, No. 168 Frout street, which are in the hands of Mr. Me- Grogor Steele, the assignee, give little encouragement to the creditors, Im the schedule of tho assignee the liabilities of the firm are $30,000; nominay assets, $56,002 11; actaal asscts, $1,623 50. The liabilities of Treadwell Pearsall, tho successor of the above firm, are $54,058 94; nominal assets, $51,010 91, assets of both combined amount to $16,000, which will probably realize to the creditors between ton and aif- teen per cent. The assignee has discovered that tho defalcation of Mr, Comstock, the bookkeeper of the drm, amounts to $86,000, but new amounts are found nearly every day which will increase the aggregate, Comstock's property is all attached by his father, 30 the creditors wii) not get anything from that source. Tho real estate of tho firm will bring but little over the mortg: bat it i expected that their interest in two vessels will realize about $1,500. A meeting of the croditors of Salmon Rose and Emanuel 3. dealers in jewelry, at No, 6T Nassaa street, will be held to-day at the oilice of Jobn Fitch, Regisier m Bankruptcy, at No. 343 Broadway, to chovao \ an assignee in bankrup' heir liabilites are about $15,000 und their pomtral assets haa rs 05, of which the eater part is book accounts, ere ate about one feadrea ‘and seventy creditcrs, among ghom are P. & A. Rose, $1,900; Porter & Huffinton, of Providence, | $1,433 60; New'York Watch Company, of New Have $1,046 53. tiations are in progress between Augastas F. Kibbe, stove dealer, at No. 256 Water aeigee who sas- pended two weeks nzo, and hig creditors, with a viow tocompromise, He offers thirty cents cash or forty cents 00 time, and all but one of the creditors have sig- nified their acceptance of his proposition. Ae at reagan ge we Firma t Stoner, kee} Rock hold vyestorday, ‘at the office of Hy. Wilder Allea, Register in Bankruy , No. 152 Broadway, John HL. of No. 40 W: was appointed assignee, ts a list of some of the firm's largest cred itors:—Jarrett & Paliner, Ferny P. W. Laurie & Co., $1,230 91; W. H. Jackson, j1,4ves 14. ci D. Pratt Sled & veg rte tho eh bankruptcy boforo Judge Blatchtor ae Terie Blokes Distr 4 Court, who referred the matter to Register Allen, Sovw of Mr. Pratt's largost creditors are:—B. and P. Lawrence & Co., $14,160 655 G W.. Finnhaber & Co., $3,000, feiss isterbrooko Steel Pen Manufacturing Company, 551 64; John My Pratt, $9,500; pg oot Co,, $1,218 90. The heartug of Bonheiin Bimbaum, of the Srm of —— | Lawler & Bimbaum, who failed some tine ago, is now Perrin H. Sumner was arrested at bis place Of rosi- } ‘on before Register Allen, Mr. Lawler has beea Toohareed, but the creditors objected to the discharge i T omit 1 Nowman filed a petition a bank. jo, WS ru , Rogwster in Bankraptey Fitch, of roadway, bas charge of the case. Mr. Newman's largest creditors are as follows:—Duncan, Sherman & ; MeAndrow & Warren, $3,952 08; Wal- 983 29 , Ce irohs, $1,674 98; JK. Fishor & Co., $4,113 50; Goorge G. Holson, at: James 0. McAndrew, $2,500; | Herman Schultzcr, $5,000; Scth D, Frenek, $6,000; Thomas Duan, $8,000. The German house which Mesers, Robert Fredericks & Co., of No. 103 Duane strect, represent in this city, failod’some time ago, and the New York brass havo bad a reeciver appointed to protect itself. ‘The Olcott [ron Company, of Alvany, which has sus- nded le gee was organized with a capital of $600,000" ich $400,000 was paid in. Instead of callin, fall amount the company ov tee works for $350,000, Othor debts amounting to 000, wore gm making the liabilitics about 000, Messrs, Fuchs & Keown, wholesale liquor dealors, of a reco! No, 200 Broadway, have had ivor appointed, J. G. Goueverger brewor, of No, 62 New Bowery, bas ‘The assignments of Abram Hecht and Meyer New: asked for an extonst [OONTINUED ON NINTH PAGR)