The New York Herald Newspaper, February 15, 1876, Page 8

7 THE COURTS. Conclusion of Garvey’s Testimony in the | Tweed $6,000,000 Suit. James I. Ingersoll Shows His Pardon and Enters on His Story. “+ FERNANDO WOOD AND HIS LITTLE TRIALS Tribulations of Political Magnates. a HARD TIMES FOR CITY RAWLROAD COMPANIES On the reopening of tne trial before Judge West- Drook yesterday of the $6,000,000 suit against Wiliam M. Tweed, Mr. John Taylor Johnson, foreman ot the Jury, arose, and, addressing the Court, said that many oftho jury wore sitting in this trial at great personal Inconvenience, and he hoped that no unnecessary time ‘Would be occupied by counsel other than what was con- aistent with thelr duty. Jude Westorook sald be bad | Henry they | no doubt from the standing of counsel but ‘would have every consideration for the jury. Mr, David Dudley Field said they had been forced into the trial on 150 warrants, and it was necessary to try cach ‘warrant soparately, so that practically they were com Pelled to try 150 cases. ANDREW J. GARYEY’S TESTIMONY CONCLUDED. After the above proliminary expostulation and ex planation Andrew J, Garvey was again called to the ‘Witness stand and his cross-examination by Mr. Field Fesumed. Garvey said ne bad conversations with Tweed in 1874 about his contracts for work on tho Court House; | Sweeny did not want to pay him his bill, and Mr. Tweed said ho would tell Sweeny that his bill must be aid, Mr. Ficld—Do you romomber any othor word that was said at this conversation ? Witness—Yes, sir. Mr. Field—Whiat was it? Wate teen per cent, Witoess said be went to Tweed in 1869 and wanted to get his dills paid. ‘Tweed said he would see to tt Q. Were those just bills ? Witness suook his head. Q Did you want unjust bills? A, I wanted my por- Bion of it. Witness then admitted that he begged for the work @t the departments. Some of the bills were quite Jogitimate. Q Did these fraudulent arrangements begin in 1867? Mr. Carter—The witness knows nothing about | whether it waa a conspiracy; only tbat there were | ‘those arrangements from time to time. Mr. Field—1 am obliged to the coansel for tolling the ‘Witness what he ought to say. NEW YORK HERALD, TUESDAY, FEBRUARY 15, 1876—WITH SUPPLEMENT. — at nis nonse Le barrervgnn rary Neg that on such pay ents be fll nts appoiatment as Corporation At racy, Was totally falas, Ou the contrary, so far as he knew, Mr, Fowler had never been at his house in Biloomingdake, He also denied that he ever entered into any such agreement as stated ~ 4 Mr, Fowler or anything yg ng The simple facts of the story were Mr, Fowler was one of many applicants for the office of Corporation Attorney, that be received tho appointment and that ho paid the political assessments imposed upon bim as the tncum- bent of such office, Tho office was one in the gift of the Mozart Hall organization, as were severai other of- | floes, the incumbents of all of which places were like- wise assesded and paid their assesaments. Q Did Mr. Fowler ever pay you any money person- ally for bis appoiutment as Corporation Attorney? A. He uever paid to me one penny for myself for any pur- poso whatever, Q Mr. Fowler says that you never pald him any money except some costs in one or two suits; is that true? A. No, sir; I paid him this check (producing the Cheek) for $1,285 68, which was to indemoify him for money he said he had expended in excess of the assessment. Mr. Wood was subjected toa long and searébing cross- e@xamitiation, The only new facts developed were that Mr. Wood at this time was the bead of the Mozart Hall organization and chairman of the Exeeutive Com- mittee, and thabas such chairman he disbursed the funds for election and other expenses, averaging from $20,000 to $40,000 a year. and lurther that the moneys paid to him by Mr. Fowler and others Went into the general fand for such expenses, The trial will be re- sumed to-day and will probably occupy several days. PACIFIC MAIL INQUIRY. ANOTHER ADJOURNMENT—MR. HARRIOT E+ FUSES TO TESTIFY FURTHER, ‘Tho proceedings in the.sult of tho Pacifie Mall Steam- ship Company againet William 8, King was adjourned till yesterday, at twelve o'clock, at Commissioner Edwin M. Wight’s office, At that hour Messrs, 8, Bennett and John N. Goodwin, counsel for plaintifls and defendant, were present, and also Commissioner Wight; but the wit. nesses, Mosars. Avery Harriot and William HL Webb, who were expected to testify yesterday, did not put in an appearance, and the hoaring was again ad- journed till eleven o'clock to-day. Mr. Bennett, coun- sel for the Pacific Mail Steamship Compan Commissioner Wight, ‘Iam Informed that Mr, Harriot stated that th: and you, as Commissioner, have no legal authority to compel witnesses to answer any question; but counsel for Mr. Harrtot is altogether wrong, which he wit! dis- cover by referring to section 307, chapter 41, of the Minnesota Codo, and volnme 2 article 7, chapter 14, section 38 of the Revised Staiutes of New York,"? Mr. Goodwin—I wish to cross-examine Mr. Harriot; he has been examined in chiet by counsel for plaintiffs and Lhave a rigbt to ask to cross-examine, Mr. Bennott—If Mr. Harriot will not appear Goodwin cannot cross-examine: the witness, I tho examination in chief will baye to be stricl Mr. Harriolt’s re‘asal on Saturday to answer’ simple questions with tho firm of Harriot & Noyes hada tendency tot discredit on a very honest and honorable gentleman. IT understand that Mr. Billings can aud will explain how those checks were entered on tho books of Barriot & Noyos, and the only discredit that could bo thrown on Mr. Billings was the rotusal of his broker to answer tho put to him. Mr. Billings is now in Wood- ; and I am credibly imformed that if he were ew York he would willingly come forward and state all the circumstances connected with the use of the funds of the Pacific Mail Company while he was dirootor, Mr. Goodwin-—I do not wish Mr. Harriot’s testimony on out, nor do 1 consider it irrelevant, especially it covers the time spoken of between February and Tune, 1 He never donted that Mr, King received some movey froin an agent of Mr, Stockwell, but it was st Witness went on to say that he prosented twonty-one Dilla under thosorder of the Board of Audit, which | amounted to $1,177,418 77, of which sum a little over | $210,000 was really due to him trom the county; 1 De was sued he didn’t know what ho would be willing | to swearto; this $240,200 included a good proiit; theso accounts between himself and the city | are still unsettled, and no efforts have been made to | settle. The summons and complaint sworn to by Gar- | Fey in his suit in 1869 wore then read, in which ho | claimed some $169,000 from the city for work done. The verification of the witness was then read. | Mr. Field—tIs this Qaim true or false? | Mr. Peckhuin objectod, on the ground that the claim ‘Was against the city and not against the county. | Mr. Field claimod that since the city and county had | Deen made one the objection would not hold good, and | under the law of 1874 if the city owed Uns witness | $169,000 in 1869 they owed it now. He claimed fur- | thor that the damages should be reduced. The Court reserved decision on this point, and coun- Bel proceeded upon another point of examination, Witness was asked whether the pleadings shown him wore the same in inst him by the city, and asked whether he nized them, He said he did Rot, but remembered that similar papers had been | served on him when lie was in altendance as a witness dn court, and that these were the papers. They were then read and offered in evidence. Witness testified that he was sometimes interviewed | Dy newspaper reporters, and that he told a reporter of | one of the papers wlio catied opon him that the press | was unjust to hin; that he did a great deal of work for | the city and there were a great many men scattered | ground the city that could prove he did a great deal of | work. He swore on another trial that the bills for this | were partially que. | Counsel then went interrogate the witness as | to whether each of the twenty-seven warrants were partially true, and in whut respect, | Afier recess witness testified that the bills were ox. | aggerated to the amount of about sixty-five per cent or | moro; the prices charged were mostly just; the fraud | was intheamount, The rest of the examination was | principally contined to an examination of the diflerent | Warrants. Garvey admitted that he bad made up bills fn the names of other parties. Q. Mr. Pinchard, Mr. Donnarummn and others? A. There is no ‘‘Mr,") about it, sir; they were all fic- Bitious. Witness said, in addition, that nothing conld i more honest than the thirty-five per cent of the bills | paid to bim. Ro-examined by Mr. Cartor—Tho suit he instituted for $16,000 againgt the city was brought at the sug- | gestion of the Mayor, Mr. Hall, The suggestion was | to bring a coup d’etat against those fellows, and that | Koyser and Ingersoll should do the same if they bad claims. When making up his bills for the amounts and under the titles given him by Watson or Woodward he | Bad nothing else to guide him than a general Knowledge that so much was due to him. Mr. Fiold objected to the style of examination, Mr. Cartor (contomptuously )—I am simply showing | ‘up your cross-examination; bow futile and deceptive | ‘Wt was and was intended to be, Mr, Ficid submitted that the wholo thing was offen- pivo and improper. On re-cross-examination by Mr. Field witness said the city was largely mdebted to him when he brought Buit for his claim for $169,000 34; the city owed him | morn; two years before tbat, in 1869, he presented bills to the Comptroller for four times that amount, of Which he was to got one quarter; he told all this to Hall, and Hall was astonishtd; witness was paid in a eral way all that was due him; when he swore $i00,000 was due there was a large basis yet du rices tor jabor per day and materials per barrol,'&o., Pe'the twenty-seven bills, were correct, bat the quanti: ties were exaggerate he was puton the rack ho couldn't tell what parts were legitimate; the $240,000 due him was distributed over the bills; he wouldn’t Bwear seventy-five per cent of some of tho bills was Bot true; be thinks the seventy-five percent was un- equally distributed, but about thirty-five per cent of each was trae; Mrs. Connolly gave her brother $3,000 pay back bills, and Mr. Ingersoll gave witness from | his private checks $119,000. | There was a general sigh of rellef when Garvoy | “stepped down and out” from the witness box, JAMES H. INGERSOLL AS & WIT) ESS. + Jamos H. Ingersoll was then calied, and Mr. Fiold | Producing a copy of the proposed witness’ connection, ihe other side produced the Governor's pardon, dated April 5, 1875. ‘The witness was then sworn. Ho stated | he resided at No, 21 East Seventy-third street, and is Rot now in business; he formerly had an interest in the profits of the firm of Ingersoll & Watson, chair. | makers, who used to supply the city offices; he saw | Tweed in 1367, and Tweed told him to sco Woodward, ‘who said it was all right, but it would cost him thirty. five por cent; he asked Woodward what that was for, ‘and Woodward told him twenty-five per cent for Mr. Tweed and ten for Connolly; then Woodward gave him | orders for supplies, this was on his own account, not the firm's; his father’s firm bad declined to supply the city on credit, aud this was tho first job of wituess on his own Court here adjourned till this morning, when the Sxamination of Mr. Ingersoll willbe resumed. BUIT AGAINST FERNANDO Woop. N. Hill Fowler, a lawyer, claims that ho made a bar- gain with Fernando Wood agreeing o3 a consideration | for his appointment as Corporation Attorney to pay | ‘Mr. Wood $5,000 in cash, his entire salary for the first | yoar and half the salary and perquisites of the office for the remainder of the time he held his official position, ‘He furtner says that pursuant to this arrangement he was appointed Corporation Attorney on tho 14th of January, 1362, and held the office until March, 1965, ‘and that ho fulfilled bis part of tho agregment, | Paying some $16,000 altogether to Mr. Wood it Sopesra that about this time Mr. Fowler was under | jmancial cloud and that various judgments were | jered against him (nthe courts, Mr, David Ogaen== claiming to be the assignee of ton of these judgments, aggregating some $6,000 in amount—has brought a suit against Mr. Wood and Mr. Fowlor to recover tho ount of the judgm making Mr, Wood a part fendant because, as is alleged, this $15,000 was ille- y paid to tim im fraud of tho creditors of Mr. wier, The case came to trial yesterday before Judge Sedgwick, holding Special” Term of the | Buperior Court. Mr. Wood was prosont, and during the examination of Mr. Fowler his gonerally immobile ‘face was occasionally lit up with a smile Ling eane of @arcastic. Mr. Wood was represented by ox-Recorder Bmith and the plaintid by Mr. Raby. Mr. Fowlor, q@ho was the only witness called fof the prosecution, alengthy and detailed statement of his inter- with Mr. Wood in regard to his appointment as Corporation Attorney, and stating the timos and places he made tlic various alleged payments, Hs account with ontry of such payments was produced, but | testimony became a little befogged upon dis- covery ofchanges in cortain dates and use of inks in | Gitferent shades color, His testimony, however, ‘was very emphatic on the point of the bargain aad gale in respect to the offico he held. Fernando Wood was called as 4 witness on his behaif. His story gave a very diferent complexion the transaction, @ siated that the statement by Mr, Fowler that ho paid to him 000 and two duebilla for each 1 wave | like very muc | cide, and various witnesses, mcluding a gon and daugh- tel | He gave his ago as sixty-throe, and stated that between twelve and ono o'clock on the night of | tho shooting the deceased came Into the room where he was and endeavored to pick a quarrel with him; that aftcr a brief parley of words the deceased shot | character. | reference a purely ousiness transaction altogether outside of the Pacific’ Mail Steamship Company's business, 1 would , therefore, to see Mr, Harriot again and cross-examine hit, Mr. Beunett (sententionsly)—I think that the Pacific Mail Company wil learn from the firm of Harriot & Noyes, Commissioner Wight then postponed the hearing till eleven o'clock to-day. ALLEGED FILICIDE. In October last Thomas Dowdell, a man thirty-two years old, who was living with his father, John Dow- dell, at No. 44 Houry street, was found by Officer Yoalis, of the Seventh precinct, lying on a bed with one side of his head nearly Llown off and tho latter sianding in tho room, ‘The officer, pointing to tho bleeding body, asked “How camo that mau hurt?” and the father answered, “I did it.” “What did you | do it with??? further questioned tho officer, and the answer was, “With nothing”? “Why, ho has been sald the offleer, on looking | more cle yjured> man, “Irnpossible,”” re- plied the father, “there's no gun in the house.” The father was at once arrested and agun recently dis- charged was found hidden ma closet. After lingering four days in great agony at Bellevue Hospital the son died. An imaetment for murder in the first degree was found against the fathor, and on this In- dictment he was yesterday brought for trial before Judge Barrett, ‘in the “Court of Oyer aod Terminer, The prosecution was represented by Assist- ant District Attorney Lyons and the prisoner was de- fended by Mr. William Fi Mowe. On the opening of tho case the above was stated as the facts of the homi- of the prisoner, corroborated the story. Deputy Coroner Marsh testified that death was tho result ot @ gunshot wound. Attera brief opening by Mr. Howe for tho defence the prisoner was placed on the stand, himself, and that when the officer came in he was very confused, which accounted for the statement he ade as LO the shooting. Goorge W. Cornell test!- fied that the prisoner had been in his employ for the last eighteen or twenty years and always bore a good The trial will bo resumed this morning and probably will occupy the entire day, PENALTY OF OVERCROWDING CARS. The courts have administered another rebuke to our city railway monopolies for overcrowding their cars, On the 28th of March John Ginna took passage on a Second Avenue Raitroad car. Every seat in the car being occupied he stood on the rear platform. Near First avenue thero is a switch, which somehow got dis- placed, causing the car to’ devine from its. direct course. The snddon turning and jolting of the car threw Ginna from the platform, causing injuries which subsequently resulted in his death. Suit was Drought by Martin Ginna, bis father, against the company for $5,000 damages, the statutory limitation in such cases. ‘The case was tried yesterday before Judge Donobuo, holding Supreme Court Circuit, ‘The defence was con: tributive negligence, but the jury thought the railroad company Was in a measure responsible, as they brought in a verdict for $3,000 in favor of the plaintiff, DECISIONS, SUPREMB COURT—CHAMBERS, By Judgo Lawrence, The National Bank of tho Dominion of Canada vs. MNo#itt.—Memorandum, Van Ranst vs. New York College of Veterinary Sur- geons.—Let the dndings, altered and amended, do engrossed and presented to mo for signature. United States Life Insurance Company vs. Rowe | (Nos. 1 and 2); Whiteman and anothor vs. The Mayor, ke. ; Cragin et al, vs, Herbell; Barnett vs. Batloy ot al. } Soctety for the Reformation of Juvenile Delinquents vs. Davis; Lewis vs. Gul, Black vs Maltby ot. al; Baldwin vs, Pull. ~Granted, Matter of Mason.—In cases of this kind the practice is to order a reference to ascertain facts. An order of ay bo taken. Polston Vs, Polston otal—I think that this motion should be granted; but I will give the plaintifl leave, on payment of $10 costs, to amend his complaint such particulars as he may be advised that the grant- | ing of this motion renders it necessary for him to end, Colfat vs. Waldo.—Tho examination of the proposed surety, Bonta, has not been verified, The bond is er- roneously indorsed. Luidemeyer vs. Brownson.—I think that this case can be tried within an hour. ing it on the Special Circutt calendar for February Matter of Hamilton.—There must be an order of ref- erence to William B, Winterton, Esq., to ascertain facts. Wood vs. Mitchell et al—Application dented, Mem- orandum. ” Luidemoyor vs. Brownson.—Memorandum. Campbell vs, Wiose, Zschmetzke vs, Crow, Sheldon | ys. Imperishable Stone Block Pavement Company,— Memorandum. Metropolitan Savings Bank vs. Wost Fifty-third street Baptist church et al.—Demurrers overruled and judg- | ment ordered, . Memorandum. Craven et al. vs. Giles. —I think that the dofondant’s motion that the cause should be dismissed should be ranted. (Heichs vs. Woodbury 29 Howard, p. 381.) jotion granted, Memorandum. Huebner vs. Roosevelt, Doyio vs, The Mayor, &c.; Hoflleld et al. vs. The Mayor, &c; Marshall vs. ‘Fow- ler; Seibt vs, Bauzer; Speyers vs. Fisk; Chatham Na- tional Bank vs, Nolan,—Ordors granted. Warden vs. Taylor.—Are there other defendants be- ead and wife? 1! so the consent does not meet Dieckerhoff vs. Taylor; Viadero va, Viadero,—Ordors to show cause granted. Kohn vs. Keller.—Are there other dofendants th reso and wite? If so the consent does not meet th rule, Ayers vs, Continental Lifo Insurance 6 als requires albdavit of srerlin, bessnsiati Gs Goddard vs. Moner.—Motion granted and cause sot down for 25th inst’ Memorandum, “Matter of Bonney et al,—I wish to hear counsel apon the subject of the allowance to be granted, By Judgo Donohue. Parker vs. Muggrave, —Order granted. By Judge Barrett, Cameron va. Keeley.—Order granted denying mo- tion. Gillman vs. Haas, Order granted donying motion to give now undertaking. Buckley vs. Havemeyer ot al.—Order grantod dissoly. ing tujunction, &, SUPBRIOR COURT—SPECIAL TERM. By Judge Sedgwick. _—Ordered that George Carr, an im- Prisoned devtor, be disehargod from imprisonment, Waiker vs. Walker. —Motion granted. Kau/man vs. Kaufman. —Before giving order proof of Service of comoiaing sould be wala andar rule 24 yet learn all they aro entitled to | Let an order be entered plac- | Hazard et al. vs. Hoge.—Motion denied, Memoran- | dum, vs. Goocken.—Motion denied. The tssucs proposed are not more specific than the issues made by complaint and answer. Otner part of motion also denied without costs, Walker ys. Walker.—Answer should state specific date and place, or else give upon the pleadings a reason for not doing 80, Motion granted, Collender vs. Griffith, —Allowance of $200 granted. Tobin et al. vs. Boston and Albany Railroad Com- pany et al.—Motion dented; $10 costs, to abide event. Memorandum. By Judge Sanford. Conant vs. National Ice Company, Goldberg vs. Levinson, et al.—Orders settled. Fluit vs, Vose.—Receiver's bond approved. By Judge Speir, Towle vs. Remsen et al.—Amendments to bill of ex- ceptions settled. SUMMARY OF LAW CASES. A decision was yesterday rendered by Judge Barrett in the case of Buckley against Havemeyer, dissolving the temporary injunction restraining the defondant from resigning his office as a director of the Long Island Railroad Company. United States Commissioner Richard £. Stiliwell, after the United States Grand Jury have been im- panelled this morning, will be relieved as deputy clerk of that Court by Mr. Joseph M. Deuel. John Fenelon, tobacco manufacturer, doing business in West Forty-second street, was charged before United States Commissioner Shields yesterday with having manufactured tobaceo and offering it for sale without having paid the special internal revenue tax. His es- tablishment has been seized by Collector Coster. The prisoner was held under $500 bait for examination, William J. Hirschfield, arrested on February 11, 187 for iNegally registering and voting in the Twelfth E tion district of the Fourth Assembly district, in this city, at the clections held in 1873 and 1874, was yoster- day brought before United States Commusstoner Shields, Some testimony was taken, and the investigation will be resumed to. ne Tn the United States Circuit Court, before Faago Wal. Jaco, suit was commenced yestorday in the case of Robort Pallett against the Mayor and Commoualty of the city of New York to recover $20,000, alleged to bo due the plaintiff as roya'ty on a pateat relief valve for fire engines, This morning Judge Benedict will open the United in ermminal term, to bave the tes Circuit Cour United States Grand Jury sworn, and will then deliver his charge to them. The Grand Jury will render cheir indictments, 1f any, to the Court at the March session. Tn the case of the United States against Dr. Worms, of Montreal, for uttering a forged contract, purporting to have been made by the Secretary of the Interior, and obtaining $5,000 thereon at Philadelphis, from Mr, Newman, of Chicago, by means of a cortain ro torod a ! burg. letter, Special Agent Shallcross states that he has just returned from Montreal. where Worms is under arrest, d that he shall proceed immediately to Washington procure the extradition papers asked for by the te of Pennsylvania, where the offence, it is alleged, se committed. A writ of habeas corpus procured by Worms’ lawyer is returnable at Montreal to-day, COURT OF GENERAL SESSIONS, Beforo Recorder Hackott, BULLDOGS IN COURT, Among the witnesses In the Court of General Sessions yesterday wero two English bulldogs, which were pres- ent under the auspicos of Mr. Heury Bergh, to testify against John Gullary, on trial charged with having managed or permitted a dog fight in his barroom at No, 73 Montgomery street, At midnight of January 13 a party of policemen, under direction of one of Mr. Bergh’s officers, entered the place and found the ac- ed in higshirt sleeves, very much flushed, standing near tho two dogs, which’ were bleeding profuscly from a dozen fresh wounds, Seven men were arrested on the premises, three of them being found concealed in the prisoner’s bedroom, Guillary claimed that he had left the place early in the night and returned to find the fight in progress, and that he had then thrown off bis coat’ and was attempting to separate the animals when arrested. The barkeeper, James Fitzgerald, in whose charge the piace was said tohave beon during the absence of the proprietor, sworo that the fight was not prearranged, but had occurred in a purely accidontal manner, cach of the dogs having come iuto the place with a cus- tomer and Paving inaugurated the battle themselves. The circumstances were so overwhelmingly against this view of the cose that the jury pronounced the ac- cused guilty without leaving their seats, Tho Ro- corder sent him to the Penitentiary for one year. James Fitzgerald, the bartender, then pleaded guilty and was sentenced to one year’s confinement in the | Penitentiary, the Court making the sentence as heavy a3 possible on account of the barefaced manner in which oe had perjured himself on the witness stand during | the trial of his employer. Five others of tho party | were then arraigned, and, pleading guilty, were sent to | the Penitentiary for terms as follows:—Morris Fitz- gerald, one month; John Cochrane, two months Mattnow Manning, one morth; Peter Eagan, two months; William Watson, one month. t; BURGLARS PUNISHED. Christian Menckel and Ernest Bolitt, who, on No- vember 30, broke into the dwelling of John Mackey, of No, 29 Stanton street, and stole clothing worth $50, pleaded guilty to burglary tn the second degree. They Were each sent to State Prison for seven years. TOMBS POLICE COURT, Before Justice Bixby. TIRED OF LIFE. Emily E. Anderson, a forlorn-looking young girl, who attempted to commit suicido by jumping off a ferryboat on Sunday, was yesterday afternoon taken dofore Justice Bixby. She said she was destitnte of any moans of support, had no home and did not know where her parents wore, Sho was tired of lite, she added, because she saw nothing before hor but a life of shame, which she would not follow. She gave her age as seventoen, Justice Bixby committed her to the House of the Good Shepherd. PASSING SPURIOUS BONDS. On the 10th inst. Charles E. Farnham, a brokor, re- siding in Harlem, called upon Bernard J. Burke, of No. 21 Wail street, and agked if he could negotiate a loan of $6,000, offering as_collateral security therefor what purported to be sevetteen one thousand dollar bonds on the California and Oregon Railroad bt ge Ar- rangements were made for Farnham to call next day. In the meantime Mr, Burke ascertained that the bonds wore counterfeit, Yesterday he caused Farnham's ar- rest, The latter, who said he was a native of Cincins nati, was held for examination. Before Judge Kilbreth. A FIFTTRN CENT BURGLARY. Frederick Miller, a youth, residing at No. 551 West Fortieth street, was held in $1,000 to answer for bur- glariously entering, on the night of the 12th of Decem- ber, the store of Lucy Hackett, No. 510 Eleventh avenue, and stealing fifteen cents’ worth of oranges. The prisoner was accompanted by. another boy, not yet arrested, and they obtained access to the store by cutting through a pane of glass, ROBBING A DRUNKEN “MAN. Edward MoCabo, of Sixty-ftth street and Tenth avenne, camo down town on Sunday morning antl soon bocame: intoxicated. At noon Micbacl J. Lynan, of No, 299 Mott street, saw McCabo%between two men at tho corner of Mulberry and Houston streets. Ono of the men removed a sealskin cap from McCabe's head, and in return placed his own old hat on the druokad. He then made inpiaeie signs to tho other man and walked’ mway, .ynan followed McCabe and -the other man, and was joined by Detective Adams, of the Central Oilice. They watched McCabe enter a saloon, and on coming out fol- lowed him and bis companion to Bond svreet. In this street McCabe lay down ou a stoop, and his companion, as alloged, went through his pockets. He then witked briskly away, but was arrested by Detective Adams, | who on soarching him found a two-dollar bill in his possession. In court yesterday the prisoner gave his name as Isaac McBride, and said be lived in Will The complainant, McCab him with stealing tho sealskin caj $7 in money. The prisoner c! toxicated and did not know what he had done. Ho was held in $1,000 to answer, YOUTHFUL PICKPOCKETS, . As Mrs, Lillie Bloom, of Wost Twenty-eighth street, was walking up Broadway on Sunday she had to pass through a crowd of boys who blocked up the sidewalk. While doing so she felt a tug at hor sacque and imme- diately found she had ®een robbed of her pocketbook, containing a pawn ticket for $40 on a watch and $10 in money. She saw two of the run away and sho gave chase, Ono of thom stopped and returned the pocketbook, which then only contained a ten-cont stamp. She caused the arrest of the two boys, who in urt yosterday gave their names as followa:—Francis Sarraa, agod twelve, No. 158 West Thirty-cighth street, and Edward Tobin, Tt thirteen, of Thirty-third street, betwoon Seventh and Eighih avenues, Tho prisoners were held in $1,000 each to answer. FIFTY-SEVENTH STREET COURT. Before Judga Wandoll. A PRISONER ESCAPES FROM A POLICEMAN, WHO GETS A SUBSTITUTE. Officer Bowes, of the Eighteenth precinct, arrested vagrancy. court, Chipman escaped, as tho officer says, .by mingling in @ crowd. Officer Bowes informed Judge Wandeli of his misfortune, and he was told to }o off and rearrest his prisover and bring him to court in the afternoon. He did bring a prisoner, whom ho | represented to be the person who escaped, but tho man denied it and startied the Court with the state- mont that he was no vagrant and that he had been in- duced to impersonate another man the officer, who ‘was not only to him a consideration in money, but in addition y his fine or obtain Telease in some other way, officer insisted that bis prisonor was the real, fdentical Chipman who had escaped from «1 only Jaughed at the idea of having hired a sub- but the prisoner swore to bis statemont and Judge Wandell was in doubt how to act, He finally remanded the accused Lack | & Bal ‘thts morning when the caso will be more thoroughly inquired intq, COURT OALENDARS—THIS DA’ Suraexe Courr—Osamuans—Held by Judge Law- 201, 108, 108 122, 128, 129, 181, 50, 152, '173,' 178, 19S, 199, 215, 226, 227, 241, 282, B07, 315, 348, 352, 354, 355, 364, 374, 377, 381, 353, 387, 808 407, 409) 410; 411," 412, 414, 415, dio, diz, 4s, sia. Sorxemx Coort—Sreciuan Team—Held by Judge Van Vorst.—Domurrers—Nos. 2, 11. Law and Fact—Nos. 261, 96, 210, 216, 244, B04, 225, 106, 214, SLL, 145, 212, 163, 55, ' 285, 98s, 292, 208, 107, 307, 199, 264, 97, 119, 120, 59, 136,'178, Surxewm’ Court—Cmevir—Part 1—Held by Judge —January Term contioned, bold in January room. Case on,—No, 2064. —Held by Judge Donobue,—Nos, 2706, 1028, 1454, 178, 3441, 225, O02, 28, 82, 40254, 4228,’ 4087, 1597, 1513, 1142, 514, 1026, 352, 1036,*1040, L042, 1048, 108 876, "1054, 1913, 14, Lo92,’11¢8, '1120, 1132,” 1136,"2531, 2582, 346, 970, "1334, 52 1028, 1138) 1142, 1146, 1158, 1160, 1163, 1164, 1168, 1170, 1174, 11741, 1176, 1150, Part 3—Held by Judge Larremore.—Nos. 1189, 1907, 2275, 105, 670, 1155, 1161, 2244, 2245, 2206, 2007, 1421, 112534, 1250, 693, 1816, 1129, 1487, 158134, 1915, 1061, | 1069, i111, 1833, '1047. Svurerion CourT—GeveraL Tera—Held by Judges Sandford and Spetr.—Nos. 19, 49, 41, 58, 48. y 1a Tknu—Held by Judge Sedgwick.—Nos. 8, 17, 40, 6, 11, 13, 28, 1, 31, 39. @urenion CovrtT—Tniat hare Re field. b; Chief Justice Monell,—Nos, 21, 999, 1901, 1217, 927, 933, 979, 991, 983, 985, "987, 989, 991, 993, Part 2—Held by Judge’ Curtis. —Nos, 1218, 524,'1182, 416, 48, 923, 869, 1478, 588, 1326, 1834, 930, 982, 984, 986, Court oy Common Preas—Equiry Tsrv.—Held by Judge Robinson—Nos. 1, 30. Domurrer—Garibaldi va, Lawtell. Court or Common PLeas—TriaL Tera—Part 1.—Held by Judge Joseph F. Daly. 955, 956, 969, Tr, 1680, 1054, 2581, ¢$0, 2801, 288, 237 1090, 1691, 1167, 1673, '1564," 1817, 2328, Part 2—aAd- journed until Wednesday, February 16, Part %—Held by Judge Van Hoeseu.—Nos. 1401, 1534, 1501, 1496, 1500, 1529, 1606, 1658, 1720, 1730, 1731, 1732, 1733, 1734, 1785, 1736, 1738, 1739, 1740, 1741. MAnixk Court—Tria Tkra—Part 1—Held by Jay Goopp.—Nos. 5106, 6045, 6082, 6568, GOS1, 6278, 8475, 3770, 3893, 6357, 3s 58, B881, ° 3882, 8883. 2—Held by Judgo Alker,—Nos, 4867, 8808, 6426, BS12, S821, B85, 3354, 3586, 3858, 3890, 3301, 3394, 3895.’ Part’ 3—Held by Judge MoAdams—Ni 3722, 4304, 6701, 5893, 6601, 5904, 5787, 5757, 5728, 5953, 6836, 4763, 4764, 4765, 5992, 5166, 3531, 4152, 6010, 6153, 6224, 1697, 2211, 2400, 6008, 5868, 6846, 6852, 6537, 6519, 6800, 6797, O771, 5774, 6703, 6729, 6758, 6568, 2782. Court or GxyenaL Seasions—Held by Recorder Hacketh—Tho People, va. George Moltcnry, felonious assault ang battery; Same vs. William Kelly, robbery ; Same vs. Albert Lind and Louis Nelson, robbery; Same vs. George W. Dawson and Dick Lafferty, grand larceny; Same vs Mary Dufly, grand larceny; Same vs. Moses Loon, Morris Kline and Julian Bloom, grand aroeny 5 Same va. Anne Jackson, grand larceny; Same ys. Patréck O’Brien, false pretences; % ees ae vedic Butpeactin iu itself was Bay! Bg ia Letog eer prey Jadge Gildersieeve said that in addition to what had chzsedy bean sates, he would call attention to the fact ‘that Court of General rt, for the accommodation of the jury. The Grand Jury were complaining continually and very Serlous}y of the improper accommodation accorded to them. They were, as the committee knew, composed of our best citizens, and served the interests of the city for a mere pittance. Yet they were crowded In this low, unwholesome, cheerless and uncomfortable placo, which they had repeatedly presented as a nuisance, and the jury were now compelled to occupy the Goveruor’s room, in the City Hall ops | They certainly needed a good room and they could use to advantage one of those now occuplea by the Marine Court. There was at present only one retiring room aud that was away up in the garret, a miserable place in which there Was scarcoly any light. There were a great many com- pau that it was not at all suitable, When two ranches of the Court wore in seasion there were olton two juries out. There was no place to take them to unless the District Attorney's ollices were invaded for that purpose, He (Judge Gildersleove) had been told by obe or two jurymen that they had arrived at heir verdicts very suddenly and without perbaps having given a thorough, consideration of the cases by reason of the uncomfortable and unsuitable places into which they were compelled to go. Now, when two branches of the Court wore in session 1t was absolately necessary that thore should be three retiring rooms for jurymen, in addition toa suitable accommo: dation for the Grand Jury. In. conclusion, Judge Gil- dersicove begged the atiention of the comatittee to these important facts, After hoaring remarks from Mr. John D, Coughlin, Clerk of the Marine Court, the committee adjourned, They will make a report at the next meeting of the Aldermen, MOTION TO DISBAR A LAWYER. a Yesterday morning, in the Supreme Coart, General rict Attorney Britton filed papers in a Lawyer B. EK Valentine for alleged, is alleged that Valentine, who was yans in asuit botwoen Evans and davis in‘court that his cliont was ile Mr. Valentine knew at the same nt was in an office {n Montague strect nits brought by Messrs. Evans and n and Washington. After Mr. Val- e above affidavit the euit in Brook: tinued, and the counsel for Laugdon, that the suit would — also in accordance with a lation which Mr, Valentine entered did not go there. ITtis alleged that then Mr. Valentine, In direct violation of the stipulation, pushed the suit in Washington and received a verdict ior his client of $12,000 by default, Langdon nas broug! @ suit against Valontine, laying his damages at $37,000, and Langdon’s counsel make the motion to have him «is- fon in entine had lyn was di Supposing discontinued, Same va, Michael Roach, false pretences; Samo vs. Jeorgo Spanner, grand larceny; Saine vs. Ricnard H. Seott, grand larceny; Same vs. Anthony Fay and Louis Kurtz, grand larceny; Same vs James Smith, petit larceny. COURT OF APPEALS. Axuasy, N. Y., Fob, 14, 1876. In the Court of Appeals, February 14, 1876, tho fot lowing business was transacted :— No. 198, The Alexander Presbyterian Church, appel- tant, vs. Tho Presbytorian Church, respondent.—Argued P. Nash, of counsel for appellant, and by Cartes P, Shaw for respondent. * No, 199. John McDonnell et al., respondents, vs. Walter Banendahl et al., appellants.x—Argued by C. H. Smith, of counsel for appellants, and by*F. Fish for respondents, No. 200. Peter L. March et al, respondents, vs. The First National Bank of Mobile, appellant —Argued by William H, Scott, of counsel for appellant, and by 8. P. Nash for respondonts, Proclamation made and Court adjourned, CALENDAR, Day calendar, Court of Appeals, for Tuesday, Feb- roary 15, 1876:—Nos, 202, 207, 170, 205, 178, 204, 189 and 2053. THE THIRD AVENUE BANK CASE. THE DEPOSITORS’ FIRST VICTORY—DECISION BY JUDGE DUFFY ON THE POINT OF LAW RAISED BY COUNSEL FOR<THE DEFENCE. ‘The several partics to the criminal suits brought in tho Filty-seventh’Street Police Court by Mrs. Georgina F, Levien against Thompson W. Decker and other oMcers of the delunct Third Avenue Savings Bank ap- peared there yesterday to hear Judge Duity’s decision on the potnt of law raised by Henry L. Clinton, coun- sel for Decker, and on which a motion for dismissal was made after the caso for the prosecution had been rested. The optnion, which was in writing, 1s a8 follows:— In the caso of the People vs. Thompson W. Decker, charged upon the oath of Georgina F. Levien with havin committed perjury by falsely swearing, on the 20th day o} Januacy, 174, that the Third Avenue Savings Bank was solvent an the Ist day of January, 1574, and that the asset: of the uforesaid bank on the morulug of the Ist day of Janu- ary were the suni of $1,925,442 41, and the total Habilities $1,519,468 74, and thal the excess of assets over liabilities amounted to the sum of $6,023 07, when, in trath, she alloges, tho liabilities excoeded the assetsin asuni net | Jess, than $200,000, the Court, after many hearings and mach timony had beon taken, was requested by the leamed counsellor for the accused to dismiss the complaint, on the plea that no offence in law bad been committed, claiming the law of 1857 govorning savings banks Lad beonre- by the laws of 1379; the counsel holding that ‘no Clauso had been retained in bhe statutes of 1875, and cited huinerous decisions aud opinions of eminent jurists, to which he referred the Court, and to all of which thécoungol for the prosvention demurred, maintaining that notwithstanding the ropoal of the act of 1857 the accused could be beid under the general law governing perjars. In view of the tact that miitions of dollars, most of which belong to the poor or humble, are now on di it in the varlods savings banks in this city, and that much distress and suffering lures of many of the banks during the general distrust on the part of she bam- ast year, causing Bielaborer and mechanic In all institutions for savings, the Court has given this subject or point raised by the counsollor | as much study ond research as his limited time woald per- mit, and finds that the words of the statate of 1875 are ex- actly those of the statute of 1867, showing an intention on the part of tho Legislature to give the statute a retrospec- tive effect and to retain in full force this salutary law, with- out which many thonsands of depositors in the various sav. fogs bauks in the Stato woald have been at the merey of venal or speculative bank oftictals; and for thelr wrongdoin, against the depositors during the Interval between the yours 1857 and 1S7> the depositors would have no remody inw criminal court, ‘Without wishing to pass apon the guilt or innoconce of the accused, who is bighly and reapectably coonected and well recommended for his integrity, and whose brief and an- willing connection with the bank ould imply no ertminal intent’ on bis part, this Court olds that ts would be against public policy to proclaim that false statements made by bank officiale and sworn to between the years of 1437 and 1875 aro condoned and forever wiped out, for, any bank officials, perhaps, who borruwed the money of the poor and mude fash ventares or investments during the period between 1867 and 187 would, under a ruling sustain- Ing this ploa, fail to make restitution to the depositors, This Court is of the opinion that under she gonoral law ro- lating to perjury (if any has been committed, as the Court has not yet read the evidenco) that the uccusod can be held for perjury, notwithstanding tho counselor's plow thas the law appointing « bank supertuiendent was uot passed for « long time subsoquent to the general statutes appertaining to perjury. So unexpected was thts unfavorable decision to the accused that his counsel, Mr. Crosby, did not know what to doin tho absence of Mr. Clinton, He would have to consult with that gentleman, he said, before he could say whether they would waive any farthor ex- amination in this Court or continuo the case for the defence. The counsel finally concluded to inform tho Court as to their intention, and an adjournment was cordingly taken till then. | ‘This being a test case on be- halt o! the- other defendants, Messrs, Carman, Morgan whatever action shall be taken in the matter thoy will of course be bound by it, ROOMS FOR THE GENERAL SESSIONS. RECORDER HACKETT, JUDGE GILDERSLEEVE AND DISTRICT ATTORNEY PHELPS BEFORE AN aL- DERMANIC COMMITTEE. The Committee on County Affairs of the Board of Aldermen, consisting of Messrs. Lysaght, Howland, Guntzer and Scery, met at the City Hall yoaterday afcernoon to take tnto consideration the providing of proper accommodations for the Court of General Ses- sions, Although an additional Judge has been elected under a special act of tho Logisiature, passed nearly a year ago, “ne moms hayo yet beon furnished by the city anthorities in which to hold court. Recorder Hackett, Judge Gildersleeve and District Attorney Phelps were present at the meeting, They wore invited to addresg the committee, Recorder Hackett said he bad already expressed his views on the subject and he did not deom it necessary to allude to it again at length. He thought it a most extraordinary circumstance that Judges should be kept travelling for a court to do thoir business. A Dill had | beem pasged ten months ago providing for an additional Court of General Sessions, but the authorities had dono nothing tm the matter gince the day the Governor | signod the bill. He ip the idea of attempting to lace the court room on t ailding a monstrous proposition. So great were toe crowds at collected there daily that ho his officers to make a passage. deal of respect for the Tax Commission who were personally his friends, but there was no reason why they could not be pro. vided for elsowhero. The Court of General Seasions wai really entitled to the rooms occupied by the Comptrol- ler in the county building, bat, by accident, it was now In the old building. And now the Tax Commissioners | usurped the rooms which properly belonged to the } | Sessions, A bill was pow pendin one Charles Chipman on Sunday night on a charge of | Court of Genora pe ti Yesterday morning, whilo taking him to | hi before the Legislature in referenco to the matter, an: ¢ sincerely hoped it would Alderman HowLano—That provides for you the Tax Gommisstoners’ rooms? Recorder Hacketr—Yes, and the bill should certainly pasa, I understand the members of the comimittco aro In favor of it, I was before the committee on tho sub- ject with my heer iy | Judgo Gildersiceve, and thoy seemed to agree with tho views expressed. Owing to the overwhelming business attached to the Court of General Sessions, the room should be provided at once. There is a law which gives to the Board of Supervisors authority, and directs them to provide all necossary court rooms, and it says that the Court of Goneral in this respect. It ts certainly a strango spectacle jo When Judges of a court looking for a place to do their jutios, t@ the station house until | gtraia District Attorney Phelps also spoke in the same Ho said the acoommodatious were so meaare Sessions shail havo the same power As the other courts | 0 third story of the brown | | | { | | | ‘ { | | | | popalties in | violators and sanction a high handed breach barred., Mr. Valentine claims that the whole thing 1s a conspiracy, and demands an investigation. Ho s the Court, in any manner it sees fit, to inquire into | professional standiog tn all matters while he bas acted as an attoruey of the Court. RUBENSTEIN, HIS STRANGE INTERVIEW WITH THR BROTHER OF SARA ALEXANDER. Deputy Sheriffs Howard and Lyons perforto the duty of keeping watch day and night over the doomed slayer of Sara Alexander, in tho murderers’ corridor of the Raymond Street Jail, He eats and sleeps about the same as usual since his incarceration, and the doce tors say thot his goneral health is not bad. Ho has grown greatly depressed in spirits since Saturday, and weeps frequently, while he shrinks from the gaze of those who visit the prison, His death warrant was de- livorod to the Sheriff yesterday. . Rubenstein yesterday, in conversation with Detective Zundt, who has boon. the chief agent of the police in working up the case agatnst the prisoner, told that ‘this blood’’ would be upon him (Zundt) and bis family, and that he would regret what he had done before the close of tbe prosont year, Subsequently he acked Zundt to bring J. P. Alexander (Sara's brother) over to the Jatl, as he said he had something to communteate to him which was of Importance. Thinking that Pesach Was about to make a fall confession of the crtme the detective went to New York, and, after considerable persuasion, provaited upon Aloxander to accompany im to the Raymond Street Jail. As soon as the two men—the prisoner and the brother of the mardered girl— mot they shook hands and opened a conversation in the Russo-Polish language, which was not intelligible to Zundt, who withdrew, but kept a close watch on them. Finally he heard Rubenstein entreat, in the German language, Alexander to give htm a pin, and as thg off cer feared that he would attempt to opon am artery with a pin he went forward snd told J. P. Alexander not to give it to him. After an hour’s conversation thoy separated, shaking hands. Alexander said, as he knew Pesach was to be bung, he would forgive him for the crime he had committed. The decteetive says that were it not for the inducement of a revision of the sentence of death and a new trial, which sume of the prisoner’s ‘friends hold out, Robdenstcin would make @ confession of the crime, As it ts, he solemnly asser@ that he is innocent and says he will never be hung. Ho is vory much grieved in bis religious sentiment at having been sentenced to deatn on Saturday, tho Jewish Sabbath. Many of his friends of tho synagogue sympathize with him im that respect to such an extent that yesterday two Hebrew lawyers vistied the Court of Oyer and Terminer and asked Judge Pratt to set aside the sentence of death passed on their Sabbath day and to resentenco the. prisoner on some day dovotod by their law to servile labor. Tho Court refused to comply with the request and the lawyers ro- tired disappointed in their mission. THE MURDERER OF SIMMONS. The murderer of William W. Simmons, Andreas Fuchs, is satd to be preparing for trial, whieh is set down for the third Monday in March. The defence will be based on the plea of insanity, and “Frenchy,” as the jailers call the wretched man, Is growing somewhat despondent, though his’ ratlon: all devoured with rational avidity, He yesterday requested the keeper to cut his hair, though 11 is now quite short. Fuchs says “the top of his head is very hot." He smokes, chews and plays cards, bat he does not talk of the murder. THE CROWDED CARS. NO STANDING PASSENGERS, New Yorx, Feb. 14, 1876, To tug Epitor ov tar Heratp:— Your just and persistent demands om the city car companies, compelling them to furnish seats to each passenger or take no fare, I hope will bring forth the desired effect, and that you will not coase your warfare until the object is accomplished. It is only through the press that the community can have their sufferings from extorting corporations aod monopolies alleviated, and if our Legislature will not hasten to pass the bill now before it tho New York Heap, oxprossing tho feolings of an outraged community every day and often, will Touch a spark of generosity of the car com- panies. Sunday evening, about seven o’cidck, In company with my wifo and baby, I was compelled to take a ‘Third avenue car at 116th street, aud found it so full that ft was almost impossible to enter the door, fifteen persons standing upon the inside and five on bosh front And rear platforms. The conductor gave us the con- soling words be would givaus a transfor at the depot. My wifo (an fnvalid) was obliged to stand th distance (three miles) withou' at. There is no ox- cuse for the company not being able te furnish seats to those entering the car at nearly the commencement of the route. It will soon be that the cars will not start from the depot until they are filled. A. QUACKENBUSH, Ne. 535 Righth avenue, A DAILY TRAVELLER'S VIEWS. To tox Error or tos Heratp:— Asa daily traveller on the city railroad cars I tender you my boarty thanks for the public spirit which yoa | have shown in grappling with the gross overorowding system which identifies the policy of every street rail- road company tn tt® city and diegraces the boasted liverties, and the morals also, of the people. Sir, tho thanks of tho city are due to you for your champion- ship of thoso liberties and morals, the moro so because the rights which you havo resolved to vindicate must be wrested from rich and powerful corporations which, it would seem, neither tho manieipality of this great city nor the people themselves have the courage to attack in dowpright earnest. Your object is not yet accomplished ; but when it shall be accomplishod—as it will be sooner or later—the people of thie city will re- gard you as one of the greatest public beneluctors of the age, I do not intend to occupy your valuable by exposing the evils of this systom of overcrowd- ing. Unfortunately, those is are too well known in tho everyday experience of a'l who travel on the cars, Sanitary seience condemns it; good mi rs and ovety moral sense are put to shame by it; the law probibits it; but it seoms the ox rs of tho law waive the statuto of its of what was and is the keystone and the sine non of tho companies’ charters. Let the poople spo to it that the pledges which were made when the charters wore granted are respected. Surely there is public spirit enough in the ‘land of liberty” not to tolorate any cor- poration which would dare treat American citizens as so many cattle, transporting them like cattle at so many cents Fad 100 pounds weight, for it practically amounts to that. What will our cousins think of us when they come over this year? Whore is anythin of the Kind found in Europe? What moral senso would not be shocked to witness, a3 may be witnessed every day, that @ la mode sardine packing of mates and | fomales in forced proximity, which, it is well known, frequently subjects ma:dens to indignities and -embar- rassments from which at cannot eseape and which dare not resent? ow many pickpockets take their first lossons in crowdod cars? It ts high time this intolerable nuisance were Seats are the right of the poople, panies, and with your all get Beate help the le will dat WRONGS Noone placed im his office providing soats that of the car com. | RAPID TRANSIT. ARGUIENTS BEFORE THE COMMISSIONERS BE A meting of the Rapid Transit Commissioners, ap- pointeyfor the purpose of hearing objections of prop erty ofors to location of elevated railroads tn the city, held at the City Hall yesterday, Mayor Wick was present during the morning session, Thothairmari stated the order of business and that daily jessions will be held during tho wook, excopt on Fridy. Ho then announced the issues before the com- misspn as follows: — 1. What injury to property, whothor private or cor- porde, will bo wrought by the construction and opora- tionof tne proposed road? 2/[n what respect and to whiat degroe, if any, will theronstruction and operation of the proposed road fajjto accomplish the pablic good anticipated by its edjacates? {hose who oppear in favor of rapid transit are solice igd to direct their attention to the following issues:— /L, To whgt extent, ifany, are the Injuries to property Ybich must result from tho construction and operation ¢¢ the proposed road exaggerated by the objectors? 2 To what extent, ifany, will the construction an@ pperation of the proposed road beneGt private or cor- Pee at ‘and to what degree will the con- struction of tho proposed road subserve the public tu ‘erests ? . Mr. John E. Parsons, who appeared as counsel for ‘Third avenue property owners, remarked he was under the impression that the question would now bo decided 4s to whether or uot oral evidence could be received by the commission. If any parties were allowed to give oral testimony in favor of rapid transit he should be compelled to ask additional time for the production of evidence on his side of the question. No doubt many more persons might appear before tho commission whose property would be benofited than thoso\whose property woula be’ injured. The mrajority should not be allowed to destroy the rights and property of the minority, He insisted that the objectors should have every possible opportunity and all reasonabie time in which to pro- tect their rights and guard their property from injury. He soggestod that additional time ghould be.granted beyond Saturday next. Reasonable opportunity should be giveu for the cross-examination of witnesses, As to the question of the commission having no power to odminister oaths to porsons giving oral testimony, be thought the presence of a notary to administer oaths would anewor the purpose. If the commission had powor to accept written sworn statements he thought thoy could aJso examine orally undor an oath adounistered by a notary, Mr. Parvons contended that no opportanity had becn given them to moet tho por- sons in favor of constructing the road en the proposed routes. Ho again insisted opon having additional timo beforo Saturday. Mr. Vandonburgh, ownor of tho franchise of tho Underground Railroad, tollowed Mr, aban and colneided with that gentleman’s expressions, Ho also contended that the commission should not limit the time for hearing arguments cither in favor or against the buitding of rapid transit roads on proposed routes, It was undorstood that when the Suprewe Court jointed this commission overy facility should be gi Rr discussion as to rapid transit. He was glad that they hada public hearing at the present time. Star chamber meetings had been hold by the late Commis~ sioners, and he was glad that such an attempt had not been again inaugurated. Ex Judge Emott spoke on the side of the rapid transit road. He argued that tho commission had no power whatover to sumtmon or force tho attendance of Witnesses, “Even if thoy adopted the suggestion of Mr. Parsons to have witnosses sworn by a notary pablic commission could not act as a conrt, and could not as- sume tho right of one by taking oral testimony. “President Palmer then stated that the commission had agreed they had no common law.powers, and were governgd by the order of thoir appointment and the statu Thoy did not sitas atrial court and were without its functions. Arfdavits alone could be taken. They could not go on with the cross-examination and oral bearing of witnesses. Pico vp be pe said he had just fap a tates of petitions from peopaity owners along the propose rapid transit in their favor, then catled at- tention to their contents as tollows:—One from Will- jam Kennedy and 500 others on Thirdavonuc. They were all property owners or rosidents. second from the Preduce Exchango, A third from Thomas Fay, John Townsend and 500 other property ayes resi~ dents of the west side. A fourth, signed b; rown Brothers &Co., Eugene Kelley, Babcock & Co. and several others, claiming to own $100,000,000 worth of property on the strects and avenue over which itis proposed to erect the road, eral other potitions of a similar mature wore also prosentod, Mr. Parsons asked if any of those signers were prop- erty owners, Ex-Judgo Emott su that the Rhinelander estate was entitled lo some consideration in the mat ter, ‘The name of Mr. B. C. Wandell, who owned $100,000 worth of property oa Third avenue, was also attached to one of the petitions. An afiidavit of agentloman wno bad canvassed all occupants of stores and residents on both sides of Third avenue, from 100th street to 140th streot, was handed in. They were all in favor of rapid trausit on Third avenue, if the road was built in the centre of the street The commission here took a recess until two o'clock, ‘THK PROCEEDINGS AYT! 1OKSS, At a quarter alter two o'clock the Coromissioners de- clared themsolves ready to hear evidenco on behalf of the parties objecting to or favoring rapid transit om projected new lines of roads. ir, Parsons read the afildavit of Mr. Rutherford Stoyvesant, who has for thirteen years owned real estate on Third avenue and the Bowery. This line con- tains buildings that are superior in value to those on any er similar route in the city, The stores and buildings above Thirty-fourth street are both attrac. tive and valuable. Tbe construction of an vated road either on the middle or at cither side, would not only impede traffle but damage the proporty, by fright- ening timid persons from renting or buying build! along the way, Sparks, cinders and fruit refuse thrown orfallingfrom the cars, would be so many among other numerous sources of annoyance to people living of carrying on business near the line of road. The de- ponent estimated the damage to bis property and reat estate My the proposed line to be at least equal to forty cen te Parsons submitted altogether over seventy affl- davits of persons living along the line of Chatham —— \seegy <7 gs er nea conta tae ar wich street, Ninth aven and ot er places in the A some of which documents ho read. Theso numerous its all swore to the amount of damage Neher in their opinion, property woald suffer by the ery, Third streets, of an line of steam cars on the avonue, or any part of the linc below these Some of the deponents asserted that the loss to be thus. occasioned to property owners would equal as mach as fifty per cent of present values; others again cstimated such hypothetical losses at from thirty to forty-hve ir cont, | Oehe Parsons thought that with time he could prodace the ‘affidavits of nine-tenths of the property owncrs along Third avenue. : Judge Emott jdesired to put on the record his objeo- | tions to having any further timo allowed by the Com- | missioners than that which had already been conceded. There would not, howover, be any objection to Mr, Parsons submitting whatever affidavits be might pro duce between now anil Saturday. Commissioner Wheeler wanted to know If aiditionat | affidavits subsequently to be offered by Mr, Parsons | would contala matter different or more important tham. | those sabmitted now, | Mr. Parsons thought that they would bo substantially | of tho same nature as those already read, and said, om | behalf of the persons whose objections he had read, | that he desired to file as proof the long array of afi- davits mentioned above. He farther wished to intro- duce, on behalf of his objectors, ‘remonstrances.'” These remonstrapces caine trom property owners oa Chatham street, Bowery and Third avenue, and are directed st the erection of a steam line of com- mapication along this route. The remonstrances of those property ownors were foundod on similar ods to the affidavits which had been already hat in, and it was claimed that the remonstrances had the sig- natures of ninc-tenths of the property owners situated along the route. All the documents submitted * Mr. Parsons wore ordered to be placed on flie with the secretary. Jodge Emott did not desire an extension of time to | submit proofs of nop-consent or otherwise. It is evi- | dont, from the presence of the Commissioners hero, | that'such property owners are not at tae the j ted road should be crocted in front of their prom- ote Parsons wanted to know the nocessity of limiting tho time to next Saturday, where so great interests are concerned. Judge Emott gthonght that, as the objectors knew all along that these proceedings would take placo, and had bad oe time to prepare for the issae, it would bea ‘waste of time to furtber pat off tho question, Mr. Vandenburg said he represented three miles of an overground railroad above tem Bridge. The in- | quiry is as to whether rapid transit by steam would jage or benefit the property in front of which it The Greenwich strect road has been in cxist- | ence for five years and bas carried 3,000,000 passengers, Last year there g Fe 150,000, engers conveyed by horse cars in Now York, and of this immense number | of travellers the steam clevated road on Greenwich street has not conveyed one-half of one per cout No doubt ‘the extensfon of this line aud new ones would do mach bettor, Mr. Vandenburg read tue affidavits of Mr, Zabriskle, John F. Van Riper and others on Greenwich sti who were of opinion that the clovated railway is ® | nuisance to the neighborhood throngh which it ran: | and has damaged the worth of property to the extent | at loast twonty-five por cont One of the greatest in- conveniences experienced is that of frightening horses on tho business part of the line te this is the dig astrous result of a road which conveyed but one | balf of one por cent of the city's passengers, what would | 3 the cRyataes if the system should be generally lopte: | r. Vandenburg thought that the recent commission had whitewashed @he Grecawich stroot which road had given rapid transit in hommopathic doses, Last year 31,500,000 passengers were carried on the Third avenue by horses. Hortes are doing to-day on | Third avenue moro carrying of passengers nut | than bas been accomplished by all the steam cars im | the State, There wore last year in the Stato eight | (CONTINUED ON NINTH PAGE) the testimony would then be only on affidavits. The _ é