The New York Herald Newspaper, February 18, 1876, Page 11

f THE COURTS. Bad Chapter of Matrimo- nial Infelicities, JHE DEFECTIVE MEMORY OF JAY GOULD Lottery Tickets and Jot- tery Policies. Further Testimony in the Tweed Six Million Suit Ce cre ERS Judge Barrett on Carrying Deadly | Weapons. . | Tn the suit for divorce from her husband, Harry B, Philvrook, brought by Rebecca E. Philbrook, the lead- | ng features of the complaint im which were recently | published in the Herald, an answer by the defendant | has just beon prepared. The defendant avers that sbout one year previous to their marriage he met plain- tiff in Boston, who was then engaged to he married to a | gentleman in this city, and that on forming his ao- quaintance she at once broke off the engagement and eptered imto a correspondence with him at Washing- toi, where he then resided and was engaged in the practice of lew. He further avers that during | tho year prior to their marriage the plain- Mf, ber mother and aunt visited him in Wasnington, and that during their visit they repeatedly came to his: office, were made acquainted | with his business and its amount, were introdueed to his acquaintances and friends and that they saw and | inspected his property. He says that after their mar- riage, on Apgust 5, 1869, his wife and he went to Wash- Ington to live, stopping, as alleged, one night at the La Pierre Hotel; that subsequently they commenced | boarding at the Washington Housq, occupying the best | room in the hotel; that among the boarders was the | Vice President of the United States, the Chief Justice | of the Supreme Court of the District of Columbia and | always more or legs Congressmen and prominent men of the country; that after remaining there about three months, his wite being dissatisied with the place and the board, he purchased ficient furniture for housekeeping, and, at the urgent request of his wife, went to housekeeping; that soon after he moved across the street into a house ofhis own, # plain two story and French roof frame, with extension, and resided there for about six months, where their first child was born; that during this time be built two very good brick houses on two lots adjoining, which he afterward sold for $5,000 each ; that during all this time he provided a servant for tho house, provided an abundance for, the table, even io such an extent that it excited a remark from plaintift’s Bister, who visited them, that they lived exceedingly well; that no trouble occurred between his wife and himself through all this period, except frequent hyster- | deal spasms on her part, to which she was addicted, and which were excited by the most trivial disappointments and juently when he knew of no cause whatever; that the only thing that occurred to disturb their relations up to this time was the visit of her mother, who, at his request, came to remain with his wife during her confinement; that he was in the habit of taking his wife and her mother to ride; that on one occasion, because he failed to take ber out riding in @onsequence of its raining, his mother-in-law called him a brute and a beast, and said he ought to be horse- ‘Whipped, and that be paid no attention to his mother- Yn-law, but devoted his attention to his wife, who was suffering from hysterical spasms, soothing and caress- ing her, bathing her face and hands and holding her in his lap. They shortly after fave wp housekeeping and ep bgard with Mrs. Flint, who kept the best boarding house in Washington, and staying here but a short time, and changing about from one boarding house to another to suit e caprice of his wile, ho always paying, however, their board bills in full. He ways he sold his furnitare with his wife’s consont At one place where they boarded they were requested to leave because his wife made 80 fuss about a fire and found so much fault with the servants. At one of | Places his wife was 80 dissatisfied with many boarders, that ho | @ house, furnished it so far as was necessary that she might attend to her own cooking, amd have what she desired. Alter doing this for some time, all the while having a servant, bis wife 8 complained that she could not go up and down stairs so much, and requested to find ber a betier table im the He consented to | was and during this time he and his wife had no whatever, not word, as defendant reco! both took a great deal of pride and Peary (i child; the only unpleasant feature of that period the visit of his’ mother-in-law, who was constantly thrusting at him her ideas of Woman’s rights, of the married rela- tions and kindred subjects, always speaking of the men as beasts, brates and tyrants; his wife becoming debilitated by pursing her child, she came to her pa- rents jn this city; he visited her twice in two weeks alter she left; no husband was ever more solicit- ous of th ‘welfare happiness of his | wife or ber mama and he was. constantly exercised and worried at every prospect of her unbappiness or any esti ment between them, While his wife was at her her's, 98 aforesaid, and about two weeks after she had ¢, from constant anxiety about the wellare of his long and as- siduous labor in bis profession completely py a down in health and was confined to im arrears and his room bed in Washington. He went to his father jaw’s house and remained during his wick- ‘ness, but his board all the while he remained, as also the ‘of his family. Being advised by his doctor that he m obtained a carr; carried to the in New York and took ‘a train for Vermont, where his wife’s mother resided. He could only reach the carriage by climbing along the of the p, and at the depot was unable with- cui walk irom the carriage to the cars, uring the stay in this condition the plaintif’s mother became anxious to get him out of her house, and dur- ing the latter part of his stay would aunoy and insult get out of the a wife’s father and he and bis family were im at ever; unity, and in bis b remarked to plaintiff that it was a shame for ber tp te confined ‘there on his about town and visit her friends, and that she ought not to suffer any complaint from him or sufler any order or criticism, Leaving Vermont he made a short visit to Lyon, Mass, and from there re- turned to Washington with his family, where be re- mained several mouths, This was the spring of 1872, Pe rented as yeyley = Sorta. ‘one of tl on street, and, w! r= Shere, contained a small library, a conservatory, an extra clothes yard and flower garden. Here their wecoud Lota ees ow Fe was wanted ‘was supplied (rom an. a@servant all the time and part ‘of the time a nurse, “Gis mother- wever, kept up & continuous warfare, heap- him every opprobrious epithet she could and actually made a pandemonium of his his wife complained she bad rather | out of her Hh, it < in Balad ‘ent’s hearing :— you can’ e wi want to eure don't you keep bouse another day; it is an outrage that you can’t have your own way about such maiters, If your husband is such a miserable brute that he won't get you coal instead of that m sgr- able It is quite time you were going 0,7? ming from 'y possible concealment, avd when Jistening would aseail and abuse Dum. During their stay in Washington he erected a Diock of stores and sold them {i he eyo owned and sold & valuable peg e was all the accuunt and have no paenenis ef } v is wile | ‘while prosperous and honored in his business matters and bad ost unlimited credit, and could procure $20,000 or $30,000 of material or labor on credit and without esption ‘as to defendant's honor or property. On the 6th of May, 1873, a littie over two years and solely on account of poor health, the de- left sard city of Washington, and as the result ot his labor and notwithstanding bis sickness and ox- Possessed the following perty:—Two nses hi hundred and six acres of choice land in thru fo about and bs ena in | In bes @ trip with his wife f through New England, with visits to this city and w Pa He days that they always stopped and his wife was furnished with bile in Boston te! lived in @ ‘‘per- began after he decame folks, Finally, turned home a taking their father’s, but aig he fosnd. tnat hi ch with her, Fetusea to wife had left, went to her NEW YORK HEKALD, FKIDAY, FEBRUARY 18, 1876.-TRIPLE SHEET, fidelity amd bonor. Me asks, therefore, shat the com- Plaint be dismissed, JAY GOULD'S MEMORY. In a suit now pending in the Supreme Court, in this city, in which Messra, Sloane & Co., carpet dealers of ‘this city, seek to recover from Jay Gould the value of ‘@ large quantity of carpets, furnished to the East End Hotel, at Long Branch, an order was made by the Court directing the examination of Jay Gould before trial, The defence in the action, a briet notice of which bas already appeared in thy Hera.p, was that Gould merely held the legal title to the hotel property in his name, subject to an equitable interest or trust thereof in favor of the New Jersey Southern Railroad, and that he was not, therefore, personally liable for the value of the property in suit, In obedience to the order for his examination Mr. Gould appeared yester- day and testified in reference to the affairs of the com- pany, as follows:— : Q. Don’t you know whether there was any paper or writing showing the nature of the equitable trust referred to in the second paragraph ‘of the answer? A. Ihave no papers showing such trust; I was presidentof the company and they asked me to take title in my name so that the mortgages on the road would not cover it; [signed some papers, but do not now know what they were. Q On the 284 day of Febraary, 1873, before a com- mittee of the New Jersey Legi#iatare, did you not testify as follows:—I hold the title to the East End Hotel property at Long Branch in my individual capacity; it is my absolute property; I paid the pur- chase money myeelf; I gave my individual check for is??? AL don't “remember it; dou’t remember testifying at all before this commit- tee in 1873; don’t remember what Ie did testify to atany time before this committee; I don’t remember Whether | paid the money and gave my in- dividual check for this property: I don’t know what price was paid; | presume more than likely I advanced the company the money and assumed the mortgages on the property; Ihave no papers showing on what! made any deferred payments; I don’t know whether I executed any papers showing I beld this property !n trust; I have no such papers in my possession; I don’t remember the day 1 received conveyance of thie property; I have not the deeds; I suppose the receiver of the road has them; I never executed any ‘of this. property, ‘either in- dividually or president of the ‘railway; in the summer of 1873 the New Jersey Southern Railroad uch agents n control; T was in the control of this property were appointed by the com think G, A. Fuller was there for don’t know who appointed him or who paid his salary, nor whether any was paid; during that summer | think Thomas Sheridan was ‘casnier; I don’t think he ever got any pay; before Sheridan went there, he ploy, and has been since; during that summer [ gave ‘im leave of absence; I paid his salary just the same, as I have always dohe, whether he was absent or no durig that summer I'did not reside at Long Branc! lwas avout a mile off, at Atianticville; the finanetal office of the New Jersey Railroad Co: pany was partly in New York and partly in Long Branc! in New York their office was part of the ume Osborn and C! Equitable buila jin’s and part of the time att I don’t know where Sheridan, as cashier, made his deposits that summer; Mr. Osborn was also at that time at Atlanticville; I Orst became a director of the road in October, 1872; Lwas in fora year; lL have not been a director since; 1 think the other persons named as deiendants were elected di- rectors with me; I don’t remember when I was elected how many shares of stock I had; I nad from 12,000 to 13,000 shares ; ye whole capital stock was 50,000 shares; I think at that time I was a director with W. B, Palmer in a bank; I had no other business relations with him and don’t Know how much stock he owned; Idon’tremember whether I put any stock im Mr. Palmer’s name to qualify him for a director. Q. Did you cause any stock of this company belong- ing to yourself to be-placed in the nawe of any of the other defendants in order to qualify them to become | directors of this company? This question was objected to by Mr. Shearman on the part of Gould, but his objection was overruled, A. Idon’t remember anything about the election now; I have not the most remote recollection about it; Thave no papers or books which would refresh my memory; my relations with Mr. Osborn havo been | aif close and intimate; 1872 and 1873, and when I was down town I was at his office; I bad telegraphic communications — be- tween my house and his office; ‘mny relations with HH. Martin were friendly; I’ don't know as he was then my partner; he was at one time; I had no business relations with John F. Cole; his busi- ness was—he was an officer oi the road; I don’t think he had been connected with me belore tha; I have had businoss relations with Mr. Joceline; 1 was special partner with him at one time; in 1872 and 1873 be wi a banker and broker in New York; [ had no busine relations with Mr, Norris (he is a broker in New York), nor with Georg Bent'ey; he was general manager of the road; Ashbel Green was counsel of the road; I had no business connections with him nor with Mr. Williamgon; he 1s a lawyer in New Jersey, he was trustee for some of the mortgages; Mr. Stockton resides at Trenton; 1 had no busine con- nection with him; I have met him ag a railroad man; I think his interest in the New Jerscy roud was prin- cipally in the bonds; | had no business connections with Warren Leland; John Torry, is a New Jersey man; Idon’t know anything more about him; there ‘Was an executive committee of the road; I think I was one; Idon’t know whore they met; 1 think in New Jersey; I could no say whether I ever attended one of the meetings; the meet: of the directors were held in Jersey i Williamson hves in Elizabeth and Torry at Long Branch; I know generally that the Bast End Hotel was being furnished; I had nothing to do with it; I had nothing to do with tho details of the affairs of the com- pany; | don’t think I ever gave any instructions on the eiielor furnishing this hotel; in June, 1873, Abra- ham Gould, my brother, was, | think, the purchasing rent of the New Jersey Southern Railroad; I remem- r being at but one meeting of the directors of the road; I never, as Presi- authorized these purchases for the den peas 1 know generally that the road was putting the hotel in order; it was fitted up as an excursion house; there were dining rooms, a bar and limited sleeping accommodations; I suppose minutes were kept of the meetings of the Board of Directors of the New Jersey Southern Railroad; I don’t know who kept them or where they are; they are not in my possession; I have no papers in regard to this property; I don’t know | whether have any books of account showing disburse- men! yn and receipts of this property; my check books would show the disbursements, if any; 1 never received anything from the property; 1 did’ not know anything about the carpets until I saw them in there; T have simply an indistinct recollection that the hotel was partially furnished when bought; I-know gene- raily that the road was fitting up tl hotel as an excursion house; that is all 1 know about it, Upon cross-cxamination by Mr, Shearman, his coun- sel, Mr. Gould further testifed that his recollection was that the last seven es mentioned in the com- plaint were directors before he became connected with ‘the road; that he had no arrangement with any of the other defendants in relation to the purchase of the car- pets in suit; that he never entered into any conspiracy | to defraud the plaintiffs, and only knew of their fur- ishing carpets when the suit wa8 commenced. With this exhibition of memory on the partof Mr. Gould as to the affairs of a railroad company with which he was prominently connected and many others interested, and the hotel business, which forms the immediate subject matter of the suit, Mr. Edmund tin, Jr., who appeared as counsel for the plai deemed it time to bring the examination to a close, THE GREAT LOTTERY SvIT. The famons lottery suit, which bas been in progress for the last two weeks before Judge J. F. Daly, of the Court of Common Pleas, has Gnally been narrowed down to a small compass. Adam Loedeger, the plain- tiff, brought the suit against Zachariah EB. Simmons | and others to recover $22,480, being twice the sum he | claims to have expended in the purchase of lottery tickets and lottery policies. The suit was prought under the following section of the Revised Statutes:— Avy person who shall purchase any share, interest, ticket, certificate of any share or interest or part of a ticket, or any paper or instrument purporting to be a ticket or share or interest in avy ticke! of any goods or things fn ac' ay have paid or delivered ag consideration of suc! parehase, with double costs of suit, Judge Daly yesterday dismissed the complaint as against John H, Morris, Jacob Bausch and John Sim. mons, The rema ning defendants against whom the complaint stands are Zachariah E., Witham L., Chester H. and John Simmons, Josiah Adams and Charles H. Murray. The plainuff clai louery tickets. It appes from the evidence that there were fifty three tickets of the ordinary kind pur- chased by him, and the remainder were lotiory policies or policy slips, On these latier being ‘offered in evidence Mr. Henry J. Chnton for plaintit Mr. Graham objectod on the ground that they were not bie ys within th tion quoted e Daly, sustail m said lovtery policies are, jn fact, an insurance pay certain suf ifcertain numbers or combination of num- bers are drawn in the lottery. This payment is some- thing wholly apart from the prizes set up in the lottery or ticket or share in the lottery, the person purchasing a lottery policy fixing the amount of his prize or sake or insurance, and paying the premium charged there- for. To purchase such & policy @ person need nov be the holder of a ticket or any part of ticket, it js @ mere wager between him e insurer of a certain heh sy number being drawn, w! i. nuimber in the lotvery or not This system’ of insur- ance or of te the drawing of pumbers is an old institation, Ithas for more than 100 years been a Relea uy an 2 sah witer ard soeenen S nine ded to an English writer as anda Laced, nad talal effect of the establishment ot lotteries by if i i ei i overnments, Even where lotteries were authori and i iH i e; he was one of my brokers in | @ \hat he purchased 861 — ery of money paid for tery tickets or shares in a lottery terms no action for the recovery of! money paid for any lottery insurapce or lotwwery policy, or in pursuance of any wager or gambling game dependent . Upon the drawing of a lottery. Tho omission of any such remedy in favor of any other persons than those ing lottery tickets, mast deemed to have intentional on the part of the Legislature. I am P therefore, to, hold that the recovery in his ‘action must be for the —_ paid for tickets and not for any money paid for yoo 4 policies or policy slips, the offence of vending of such policies or slips bemg punishable crimimally by a higher degree of Ponisbment than that for vending lottery tickets. statute makes a distinction between the two offences and gives a civil remedy to purchasers of lot- ery tickets only. The claim by the defendant’s coun- | sel that the plaintiéif could recover only one penalty | was overruled, the Court holding that as the statute | gave plaintiff a suit for double the sum of money paid | | for tickets that included all the money paid for such | | Uckets, The plaintiffs recovery is now reduced 4o ; $96, and it is understood an offer will bo made to-day to allow judgment for that sum, THE TWEED SIX MILLION SUIT. There was comparatively a brief session of Judge | Westbrook’s Court, yesterday, the Court having re- convened at half-past one o'clock, P, M., to con- tinue the trial of the Tweed $6,000,000 suit. @overnor Tilden, who had been sul’penaed as a witness, was ex- pected to follow Ingersoll, but although the Gover- nor 1s in the city, waiting as it is understood to take his turn as a witness, the day passed without hisbeing called. As heretofore the court-room was densely crowded, James McB. Davidson, who furnished the safes for the use of the various city departments under the | Tweed régime, was the first witness called. He testified that he never was asked to verify his bills; he now does business im Albany; his bills were correct; his profits were pretty much as on ordinary bills, and ranged from 15 to 200 per cent He read off the amounts of the warrants: for his company, some in- dorsed by him, some not; $68,375 57, not in- dorsed; $83,558'57, indorsed; $66,495 89,’ indorsed; $49,170 42, ‘indorsed, and $12,877 07, | $12,482 16, 63,625 27, mot indorsed. He was called into the court room by Watson and told to indorse the warrants in order to get his money, but he | did not see the face of the warrants; on $68,515 70 he received $28,301, and on the others ina like propor- tion, On his cross-examination he testified that he thought he receipted all his bills, and that they were all honest ones, and that he stated fair prices, and the city justly owed him every item in his bills; his profit was a liberal, but fair one, and he would certainly put ‘on twenty-five per cent more in dealing with the. city | than in dealing, for instance, with A. T. Stewart, on ac- count of the interminable difficulties in geting paid | and the rough politicians to be dealt with; Woodward, | | | { who was no friend of his, did the business for him, but he never thought whether Woodward was to do tt for nothing; he indorsed three warranis laid before him by Woodward because he was told otherwise he couldn’t get his money, and he dida’t gee the face of the war- rants; he had uo suspicion then; the city owes him $6, for safes subsequently delivered; he dea that hia name was geuerally supposed to be McBride | Davidson, but it was McBain Davidson. John Garvey, brother of the great plasterer, testified that he took $100,000 trom this city to Alban) ing to directions irom Tweed; he saw Mr. Tweed in Albany and gave him the money; Mr. Tweed at the | time was iu a carriage with Jobh J. Bradley; witness | had two sealed packages for Mr. Tweed besides the $100,000 package; Mr. eed looked over the packages | and said the contents were correct; in answer to let- ters from Tweed witness saw him and had conversi tions about lis brother, Andrew J. Garvey; Tw said it would b tier for his brother to remain abroad; witness saw Mr. Tweed and asked him was it true that aman had gone tO arrest his brother, and Mr. Tweed satd “No, that he had gone after another man named | Grey; Tweed told witness that he wished Woodward was dead or that somebody would kill him. On cross-exam ination witness testified that both him- self and his brother were born in Ireland and camo over here about thirty or forty years ago to go into the plastering business; he never testified before that Tweed said he wished Woodward was deaq, that | somebody would kill him; he thought this was an inti- | mation that Tweed wanted him to kill Woodward, but | | hedid not resent the suggestion; he did not want | | Tweed to believe that he received it as a suggestion; he did not know that the $100,000 ne took to Albany was for the ¢ purpowe of bribing the Legislature. | John H. Keyser, the great Ring plumber, testified | that he did work for the erty for the last Dfteen yes he was required at first to make affidavit to his bills, | | and until the Hing came into power; when the Ring | | came into power he was told to udd percentages to his | bills, and be did add 38 1-8 per cent to them; he was a | ver | poor calculator, but managed to get them ont | right—with the 38 1-8 per cent added (laughter); Wat- | son shared his bills; Garvey suggested to him that he destroy his papers, which advice he did not follow, but | took them to his foundry, where they still are, } The Court bere adjourned until half-past cleven o’clock this morning. | | | JUDGE BARRETT ON THE KNIFE. | | The trial of Arnin Ling for the killing of Louis Wen- Detz, on New Year’s Day, at Mentz’s lager beer saloon |, im Bayard street, was concluded yesterday before Judge | Barrett, mn the Court of Oyer and Terminer, it will be | Femembered that it was proven for the prosecution | that the deceased struck the prisoner while seated in a | chair am the lager beer saloon three blows with his fat 3 | pol | firmed and judgment of foreclosure and sale, for an ulleged insuit given by the prisoner to a friend of the deceased; that the latter then left the prisoner and went to the bar and treated several persons to the | exclusion of the prisoner, and that Mrs, Menta, the | wife of the proprietor, then went to the prisoner and | begged bim to take no further notice of what had gecurred, but that the prisover then laughed | at her and said, “if he (meaning the deceased) assaults me again J will defend myself even if! have to use the | knife.” Tt appears that the prisoner got up from tus | chair and went to the bar, where the deceased was | drinking, and that they then rushed toward each | other, when eome one cried out, ‘‘He has got 4 knife!" | The prisoner and the deceased’ clinched, and, alter a fow momonts’ struggle, fell to the floor, after which | it was discovered that the deceased had received two | mortal wounds—one penetrating the iliac region and | the other entering tho pericardium atid injuring the | heart. The injured man was then removed to Bellevuc Hospital, where he subsequently died, Directly ward the prisoner was arrested, and the policeman asked him why he stabbed the deceased, to which he | replied, “I did it, and I suppose lll be bung for it.” A | long clasp knife was found om the floor which the | admitted was his and was the weapon with | Witham F. | prisone: which the deed was committed. Howe, the prisot who proved that iy deceased and was without provucation ; and the counsel in an able and forcible argument to the jury insisted that at most the prisoner was only guilty of man- slaughter in the third degree, but that he (the counsel) viewed the case as one of justifiable homicideand that the prisoner was entitled loan acquittal Assistant Dis- | trict Attorney Lyons, for The People. in an able | | ment contended that from the character of the ku and from the fact of the prisouer following the deceased | to the bar after the assault had ended he was clearly gouty, of manslaughter in the second degree. Judge jar ‘th delivered a most, fair and impartial charge, when the jury retired after an hour and a | hail leliberation returned into court with a verdict of | guilty of manslaughter in the third degree, Judge Bar- retl, in passing sentence, told the prisoner that he had | proven an excellent character and that he was a young | man of industry and of habits, who had reck- | | | { Mr. ts, lessly used the knife and taken the life of a human | bei Jt was troe the di but he was not jugtified ip the sonally he was Hed that the jury had rendered | what be considered a proper verdict, as he believed | that the conviction of the priconer would operate asa | wasning Ot deter others {rom the carrying and the | use of the knife and the pistol. In consideration, how- , ever, of the circumstances of the case and of the pris- oner’s good character, he would only inflict the sen- tence of two years and six ths in State Prison, | | | fodiens | DOLAN’S LATEST MOVE. | | ‘At Special Term of the Supreme Court, belo:e Judge Lawrence yesterday, Mr. William F. Howe, counsel for | Dolan, the convicted murderer of James H, Noo, pro- sentod a lengthy petition, sworn to by the condemned, setting forth that by the action of the Supreme Court, General Term all the proceedings in the case were re- mitted to the Coart of Oyer and Terminer, and conse- quently the writ of error allowed by Justice Barrett would be imperative unless the bili of exceptions was | transmitted to the Court of A is; and for purpose ® writ of certiorari should be gran commal the Clerk of the Oyer and Tor- miner Court to reture all the proceedi into the Supreme Court for review by Court of Appeals on the writ of error heretofore al- Jowed. In this petition, Dolan, in the swongest ner, protests his innocence of the crime of which convicted, Judge Lawrence allowed the writ and mad appellate tribunal, THE LOST HARVEST QUEEN. The steamship Adriatic was seized yesterday by the United States Marshal, Charles H. Marshall and others, owners of the lost packet ship Harvest Queen, having filed a libel against the steamship to recover $225,000 dainages for the loss of the ship. The Libel was diedin the District Court of the United States, and atlexes:— First, tat the libollants, at the time of the collision mentioned, were the owners of the American ship Havest Queen; second, that on the 30th day of Decem- ber, aso tne inp set sail from Cork, in Ireland, for’ the port of Liverpool, England, and was then stout, tigh stanch, well equipped and ap. poi an bad & competent master and a and sufficient and was deeply Jaden with a valuable cargo; third, that while the est Queen was so proceeding to Liverpool, and when ibe oe distant about fifty miles from Cork and pi ceeding up the Irish Channel, the wind blowing a stilt Drotze from about southwest and the weather — clear starlight she was run into by the steame: Adriat! 0 latter steamer striking on her port violence a& to cause her, with her Sahie wes toon eee, was on board ot net believe; fourth, that prior to and collision the general course of the Harvest Guess @=* amp pad the eencral course of | fore tho Court, | rested a young lad, abuat | Sentenced to three years in the Penitentiary, the Adriatic was down the Irish Channel, and their courses crossed but slightly, if at all; fifth, that the collision was caused by negligence and ino- the Adriatic in Proper conduct of those on board not hay good and sufficient lookout, in running at wo ‘8 rate of speed, in not keeping out of the way of tl jarvest Queen, and in not bet t4-74 4 backing in time to avoid the collision; that the Harvest Queen, at aud for a long time prior to the time of the collision, which occurred at about three o’clock on the morning of the 31st of December, 1875, had all her lights prep- erly set and brichtly burning and had a proper watch set, and the collision was not occasioned by the fault of those on board the ship; that by the collision libel- lants have sustained loss and damage to the amount of $225,000, payment of which sum they have demanded of the owners of the said Adriatic, but that said’own- ers refuse to pay the same or any part thereof The Oceanic Steam Navigation Company, better known as the White Star line, as the owners of the Adriatic, thereupon, by their agent, Mr. R. J. Cortis, | ave a bond for $300,600, to cover the amount of the | ibel, and: filed a stipulation for costs and value, the Libellants agreeing that for the parposes of value the Adriatic should be valued at $300, Messrs. J, & J. Stuart, bankers, of No. 33 Nassau street, became the | bondsmen and were approved by Judge Blatchford. Tho steamship was then released from the custody | ‘Of United States Marshal Fiske. Messrs, Butler, Still- man Hubbard appeared for the libellants, and Messrs, McDaniel, Leimmis Soutter for the claimants, THE MURDER OF THE IRISH GIANT. In the Court of Oyer and Terminer yesterday, before Judge Barrett, the case of Michael Finnell, indicted for murder in the first degree for the killing of Ned O’Baldwin, was called for trial. The deceased was a | famous pugilist, popularly known as the “Irish Giant,” who fought in various prize fights in Great Britam and in this country, and who was imprisoned in a Massa- chusetts State Prison for being a principal in a pugi- | listic encounter, The prisoner was a partner of the | deceased in the liquor business at No, 46 West street, and on the 27th of September last, at about haif- past ten o’clock at night, they engaged in o wordy wrangle about the lack of profits accruing from this business, when Finnel took a pistol from his cket and discharged two shots in rapid succession at Baldwin, from which death ensued two days after- ward, ‘The accused, after hiding several days, surren- dered himseif to Captain McDonnell, of the Eighth Rea. The case has evidently excited much in- |_ ferest, and when Mr. Benjamin K. Phelps, tho District Attorney, calicd Finnell to the bur bis counsel, Messrs, William F. Howe and Charles 8. Spencer, signified their ‘readiness to proceed with the trial. Much time was taken up in the attempted empanel!ment of a jury, and at the time of adjournment none had been secured, the jurors ex- amined having been proved incompetent by reason of | their previously formed opinions, The court room | was densely thronged by a crowd of interested specta- tors, prominent among whom were a number of the sporting fraternity and several elegantly attired ladies, The effort to obtain a jury will be resumed this morn- | ing, and it is probable that the trial will occupy several ays. , DECISIONS. SUPREME COUBT— CHAMBERS. By Judge Lawrence. Bruff vs, Security Insurance Company.—Explana- tion required, Swift vs. Scholle; Mahan vs. Scholle; Van Schaiok vs. Farly; Eelis vs. Otard; Agnew vs. butler; Home Insurance Company vs. Montfort; Poix vs. Poix; Eells ys. Rachan; Mutual Lite Lnsurance Company vs. Field, Nos. 1 and 2; Godfres Watkins vs, Trap- hagen; Schmieder vs. Uni vs, Falk, Nos. 1 aud 2} Atkingon va Mortimer; Certificate of Incorpo- ration of St. Matthew's Sick Aid Society of Mel- rose; Richards vs. Friedman, Nos. 1 and 2; Rener vs, Spelman. —Grante ‘Ahrens ve, Dolrmann,—Explanation required, Matter of Frazer et al. Bedell vs, Vandecar.—Motion to change place of trial to Niagara granted without costs, Eylers vs. Eylers.—Report of referee confirmed and decree of divorce granted to plaintif™ Hoyt vs. Hoyt.—I desire to know what infant’ do- fendants are represented by the guardian ad litem, Matter of the Buchanan Farm Oil Company.—I wish the order appointing Mr. Mitchell receiver, and also to hear counsel im regard to the application, Havens ve. Davis.—I wish to know whe papers have been presented to another justi court. Dieckerhoff ys, Ablborn.—Reference ordered. Mem- orandum, Rawlingon vs. Cody et al—Unless the rent is paid | to the landiord within three days a receiver will be ap- inted. Ifsnch rent is paid the motion will be de- | nied without costs, as the preponderance of evidence | seems to be that the property is ample security for the | plaintiff’s mortgage. | Man ve. Willoughby.—Memorandam. Matter of Hamiiton.—Order granted. sromier vs Trenor and another,—Afidayit not sworn Certificate, &c,, of Sociétié Francaise de Harmonie, — The certificate must be re executed and made legible, Thomson ys. Vermann.—Attention of counsel is | called to rule 78. The consent is not signed by attor- neys for all the parties, If such is obtained I shall appomt one of the parties named. SUPERIOR COURT—SPECIAL TERM. By Judge Sedgwick. Hotop vs, Ehreureick et al.—Referee’s report con- Lustig vs. Lustig; Jenny ve. Tallman; Klein vs. Falk et al.; Hayard et al. vs. Hoge.—Orders granted, By Judge Curtis. Morehouse et al. vs. Yeager.—Case ordered on file, SUMMARY OF LAW CASES. In the guit of Chauncey Smith against Doctors Taylor | and Chrystie, of the Ormhopadio Hospital, corner Sixth avenue and Fifty-third street, to recover over $300 for miik, on trial in the Marine Court yesterday, | the detence was short measure and overcharges in prices, One of the witnesses for the defence testified a peculiarity of the transactions out of which the suit arose that plaintiff's ‘tickets were long and his milk short.” Lous Bobl, a8 administrator of William Bohl, his brother, bas hay = suit a the Harlem Bridge, Morrisaula and Fordham Railroad Company, claimin; $6,000 damages. 1t is claimed that while William Bob: was attempting to cross Third avenue near 142d street he was run over by one of defendant’s cars, sus- taining injuries from which be died. The defence is contributive negligence, and that the accident bap- pened from causes beyond the company’s control. The ease is being tried before Judge Curtis of the Superior Court, In November, 1873, an action was begun in the Su- perior.Court by Fanny B. Custig against Arnold Cus- | tig for divorce, The case has been repentediy be- | nd was finally discontinued yester- | day, in Special ‘term, before Judge Sedgwick. In mov- ing’ for an order Of discontinuance, Mr, Andrew | Boardman, counsel for the plaintif, made a statement to the Court, and, in the course of hie r 8, sald | that in making thia moti discountinuance he | deemed it but proper and di defendant to state to the Court that this action was brought in good faith, but he had investigated the case and fouad that the | plainti(f was enti nlistaken. Andrew Boardman for | plaintif aud Ira Shafer and Jos. Fettreteh for de- fendant, COURT OF GENERAL SESSIONS. ‘The jory, atter an avsence ot an nour, found bim guilly Of simple aesault and battery. 4 THE DANCER ROBBERY, Michael and Annie O'Farrell wore arraigned on @ charge of receiving stolen goods, valued at $21,642, the property of Matthias Dancer, of West Eleventh street. After the jury were empanelled Assistant District At torney Bell expiained the case to the jury. He stated | ‘that this was the second notable bond robbery perpe- | trated on the complainant, was gagged and strapped down by @ mob of masked burglars and $100,000 worth of bonds were carried off, But the case in point was one where a girl named Mary Logan, a sister of one of the defendants, was in- volved, Mary Logan was engaged as a servant by Mra, Dancer on the 25th of April, 1875. She left her em. ae on the 26th of May. Just one month atter ner =M@&parture coupons valued at $21,642 were missing. Mary Logan was suspected, but her whercabouts was never ascertained till the time of her death, which happened in last Juse at St. Luke’s Hospital. The attention of the police about this time was directed to Mary Logan’s sister, Mrs. Annie O’Farrell, aud her husband, Michael O’Far- rell, Shortly afier the death of Mary Mrs. O'Farrell presented three coupons for sale to Mr. Clark, of No. 2 Chambers street, Clark examined the coupons and compared thetn with @ public notice posted in all brokers’ offices of the stolen coupons, and found that the three presented were a portion ©. those advertised. Mr. and Mrs, O’Farrell were sub- sequently arrested, and o1 arrest Michael O'Farrell told the officer that he an wife received the coupons from Mary Logan, and that part of them were still concealed in # secret drawer in a sewing machine in their hoase in Fiftieth street. The coupons were fonnd as descritfed, Another portion, as the prisoner states, was destroyed by fire, and still another portion was sent to some relatives in Scotland. O'Farrell wrote to Scotland and they were sent back in a regis- tered letter, which letter was intercepted at the Post | Ottice. A detective officer also proceeaed to Scotland and procured letters sent there concerning these coupons by O'Farrell, On account of the lateness of the hour, and the Re- corder baving to attend a meeting of the Commission- ers of the Sinking Fund, further hearing in the caso Was adjourned tll to-day. i “HANGING HIM UP.” On the night of the 13th of January William Gillen wag standing in a hallway at No, 241 First avenue, | ‘Two men, named Henry Griffith, of No, 404 East Sev- | enteenth street, and Charles Hillson, of No. 437 East Seventeenth street, passed in at the time and said they were police officers and wanted to examine his clothes, as they thought he wasa suspicious person. They took {rom bim two bank books, one representing $39 04 and another $1. They were trying to take Gillen’s coat off, when Officer Dunn, of the Eighteenth precinct, came up, They then ran off, but were puraued by the | officer, who fired two shots after them and event- ually ‘succeeded in ‘capturing them, Grifflth and Hilson pleaded guilty, and were sentenced to five years | each at bard labor. 4 YOUNG THIEF. | Caspar Charltor, a boy twelve years of age, pleaded | guilty to stealing a wateh valued at $75, the property | of Thomas H. Mook, of No. 140 East Twenty-ffth | | stroet, from the Knickerbocker Yacht Club Honse at Port Morris, He was committed to the Juvenile ; Asylum, PLEADED GUILTY. Charles Black pleaded guilty to an attempt to break | into the butcher shop of Nathan Levy, No, 339 Ninth | avenua® He was sentenced to three years and a half in State prison, TOMBS POLICE COURT. Before Judge Bixby. ALLEGED FRAUD BY A CITY OFFICIAL. Bryan Henry ia a subordinate employé in the Depart- ment of Public Works. On the th inst. he calied at the Comptrolier’s office and presented a warrant setting forth that the bearer was John Henry, that he had been a census enumerator, and as such entitled to re- ceive $90, Bryan, it ts alleged, signed the payroll, swore that the contents of the aforesaid warrant were correct and got acheck forthe money, Mr. Charles A. Clark, a clork io the Finance Department, subse- quently discovered that the check was fraudulently ob- | tained, and caused Bryan’s arrest. Officer Davis, of the Twenty-sixth precinot, took him before Justice Bixby, ‘at the above court, yesterday afternoon. The case | ‘was get down for examination this morning, and mean- while the accused was locked up, Bryan's father's name is John Henry. J WASHINGTON PLACE POLICE COURT. Before Judge Kilbreth, THE BROADWAY GAMBLERS. Thomas Edwards, of No. 685 Broadway; Edward F, Tompkins, James Thompson and James Robinson were charged by Sergeant Allen, of the Fifteenth precinct, with violation of the gambling laws, The sergeant, in civilian’s clothes, made the urrest at No. 685 Broadw: a on pccnnatty night, as was reported in yometanye | Hera, E wards Was required to give $2,000 bail to answer and the other prigonors were discharged, Mr. Billy Birch became Edwards’ bondsman, 5 DETECTED AT LAST, For seven years past John E, Brown, of No. 120 East ‘Twonty-third street, bas been employed as a clerk in drug store ot Caswell, Hazard & Co., in the Fifth Ave- nue Hotel, For years he bore a reputation for honesty, but for several months his employers have had cause to suspect his integrity. They had missed money from their cash drawer, and, suspecting Brown, em- ployed detectives to watch him, but the officers failed to detect him in any criminal act, A week ago Mr, Eugene M. Smith, cashier, determined to keep watch upon the movements of Brown, and his lavor | was rewarded on Wednesday. On that day a lady en- tered the store and purchased a billof goods amount- ing to eighty-five cents, giving in payment a $6 bill. | Brown presented the bill for the goods and the money | to Mr, Smith, and received in change $4 15, the bilis | being $2 each. He suddenly returned to the desk of the cashier and asked for two $1 bills fora $2. This was done for him, and while he was returning todeliver the change to the lady the cashtor noticed in a mirror ag a | the action of Brown that he placed $1 in bis pocket. Mr. Smith then advised | with bis employers, and the reeult was that Detective’ Kealy was calied in and took Brown into | Brown was brought before Justice Kilbreth | at the Washington Place Police Court, and | answer in defauit of $500 bail for the larceny of | Mr. Smith, who made the complaint, stated 7 | 0, $l. Brown had probably swindled Caswell, Hazard & out of a large sum of money, but that until Wednes- | day they had been unable to detect him in his 1. ous business. In court Brown seemed deeply pent- tent, and his wife, who was also Lepr was any ! afiected, Brown when arrested admitted that he had stolen at various times sums of money amounting to loth to prosecute, and any did so ag a warning to the large force of clerks in their employ. FIFTY-SEVENTH STREET COURT. Belore Jadge Murray, Before Recorder Hackett. ON His WAY TO THE FERRY. Between six and seven o'clock on the evening of October 23 Mr, Eugene Townsend, of No, 20 South Ninth street, Williamsburg, was passing through | Roosevelt street on his way to the ferry, When near | the corner of Water street three young men suddenly | appeared in front of him, and while two of them caught | him by the arms the other robbed him of a gold | wal valued at $140 and a pair of gold spec- tacles valued at $5. He reported the case at tho Oak street station bo and on the following night Officer Musgrave, Fourth procinet, ar- neteen years of age, named Frank Innes, in Mra. Mary Wilson's lodging’ house, No. 376 Water street, Mr. Townsehd was sent for, and be identified Innes as the person who stole his watch, Frank Innes was placed trial yesterday. A Bumber ot wit were brought forward by the de- fence to prove an alibi on th bt in question. The jury, howe’ found the priso: uilty, and Re was DON’T TAKE CARE OF DRUNKEN MEN. Henry Payne, of No, 297 avenue A, was placed on trial op a charge of bighway robbery, and was found guilty of assault amd battery, for which he was sen, tenced to one year im the Penitentiary, About six o'clock on w Year's morning Charles Andersen, a Swede, was travelling along the Bowery, He had been at a Swedish festival and was somewhat under the in- fluence of liquor. On the corner of Bowery and Hous- ton street met ag men, one of w he alleged (the prisoner Payne), put a ver his ‘mouth snd robbed him of his’ watch, The threo |, Whose naines are James Burns, Thor «i Henry Payne, were arrested, On oxai the Police Court the two firet mentioned we charged, and the jattor was held to answer. lace: trial Barns and Graves appeared ‘aid tha: they met Puyue in Bliza- beth street aboas 4 quarter to sixin the morning and a policeman was about arresting him for disorderly con- duct. They remongtrated with the officer, | Year's morning, and he | nied to let him go provided they would see bin ‘They then took Payne, who was dr rd the Bower; co home. On complainant, Andersen, was standing, leanin againat a barber's pole, Payne broke away rom ihe and struck Andersen in the face, Buros and Graves then walked away, Burns sayin, “Ho is no company for ua,” Officer Sul livan, of the ifteenth precinct, calied them back, and Andersen accused them of taking his watch, They were brought to the station house; Payno had gone in the meantime, but was arrested at his house tbat day. Both of the burns’es testified that they saw Payne strike Ande: but did not see him take anything. In bis own {the prisoner that he worked at loading lumber; hed hove, srresied twice for intoxication once for assault x taku erin CHASE AFTER A THIEF, Thomas Sullivan, a youth of not very prepossessing appearance, was charged with the larceny of two boxes of cigars, which he snatched from the express wagon of George Schnapper, No, 601 Lexington avenue. Off. cer Kendlon, of the Twenty-first precinct, pursued Sal- livan from Lexington to Second a’ ue, where he was captured by ex-Policeman Merrill, whose dismis#al oc curred on Weduesday. Sullivan was identified in court asa burglar, for whom the police of the Nineteonth | precinct have been looking for some time, He was committed for trial, If the witnesses can be found he | may be tried on@ charge of burglary, A BLANKET THIRF, | John Dewitt, of No. 416 West Twenty-fourth street, | charged Edward Fay, of No, 407 Weat Filty-third strect, with the theft ofa horse blanket worth $35. He is also sus of having been engaged in a burglary across town @ few nights ago, and evid necting him — therewith will probably be in court to-day. He was held for trial im abe POLICE COURT NOTES. In the Court of Special Sessions yesterday Denis lankot case, | McGowan, an active Tammany politician, was fined $60 | for being an eye-witness to adog fight in Montgomery | street some days ago. Mr. Bergh prosecuted the case | and denounced the practice of dog fighting im strong. | terms, MeGowan paid the fine, | Frederick B, Lance was fin J $25 for cruelly beating a horse with a hickory stick, t COURT CALENDARS THIS DAY. e Count—Cuamauns—Held by Jndgé Law- 08, 42, 76, 100, 108, 116, 118, 124, 192, 204, , 276, 202, 814, 316, 838, 800, 408, 411, 412, 413, 416. 427, 428, Scrsems Count—Srectat Twam—Held by Judge Van py Sey 3 for, 100, 304, Nig, dO, 26 7 - | | 206, ° 178, 140, | fsbo," 146, '202,"10, 68 joe eag Suraeme Covxt—Crrcourt—Part 1.—Janua term | continued, Held in General Term room. Held by Judge Westvrook.—Case ov, No 2004 Part 2—Huid Judge Donobue.—Short causes—Nos. 196%, 1705, | 15044, 18204, 1854, 177246, 4174, 2346, 2342, 2380, | 2341, 1858, 1756, 1686, 2522, 2486, 1296, ), 241 1751, 2496, 2420, 1. pt 1780, 246° 736, 2280, 1292, 24 Part 3—Hel a Jud Larremore.—Short causes—Nos. ‘ 1446, , 177 14h. 2347, 973, 2449, 950, 2283, 1839, 2497, 2259, } 2509, 1 76, 2439, 2465, 2340, 2461, 1401, 2411, Superson Court—SreciaL Taru—Heid by Judge PL horton Count—GueetaL Txna,—Adjourned for therm — Surseion Covrt—Trrat Tenw—Part 1—Held by y | uustic uses—Nor. 1630, 1000, Sas iss Saja teel, vet, 1087, 1432, 1816, 1885." Part 2—Held by Judge Curtin — Nos. 48, 28, 809, 1834, 04, 4, 778, 900, i, 7%, 1000, 1004, 1406, I a Couns oF Coin Fett — To, 206,60, 2000, = Daly. — ny 7% se any 100d 1 ora, oe OY ase 1355, Bate, 1818, 70, 1: 5 y 1OTo 1720: Jyue aor, 072, 19T% LUTL 176 In one case Mrs. Dancer | 3 | had its principal office | to | from bis QD 1963, 1764, Part 3—Held by Judge Van Hoesen.—Nos. 1491, 1534, 1563, 1521, 1608, 1786, 1787, 1789, 1790, 1792, 1793, 1794, 1795, 1796, 1797. Common PLeas—Equiry Txxa—Held by Judge Rob- ipson, Jr,—Nos, 8, 9, 13, 12. Common Pixas—Gunenat Tenrm—Adjourned to March 1494, 1496, 1501, 1785, a » tt) Held by Judge Alker. Nos. 3865, 707, 6757, 3801, 136, 3848, 2502, 2087, 8797, 3821, 3830, 6640, 6572, 6689, Part 3—Held vy’ Judge McAdan.—Nos. 2 3136, $806, 6240, 5849, 6790, 4736, 4817, 4951 | 6201, 6354, 6273, 6519, 6573, , 6831, 6847, 6356, 6866, GSTS, OST4 Cover GENERAL Sessions—Held by Recorder Hackett.—The People vs Michael O'Farrell aud Anne 0 rell, receiving stolen goods; Same vs. George Thornton, felonious assault and battery; Same ve, Edward Stein, felonious assault and batter: ai Webster, burglary; 8 M. grand larceny; . Mary MeCabe, grand larceny. Courr ov Oven axp Terminfin—Held by Judge Bar- Fett.—I'Le Peopie vs, Michael Fingell, homicide. COURT OF APPEALS. Aunaxy, Feb; 17, 1876. In the Court of Appeals to-day the following business was transacted :— No, 204. Patterson va, Birdsall.—Argument resumed and concluded. No. 189, J Fisher Satterth Freeland et al., respondents. the argument. appellant, va George ppeal dismissed upon No. 20634. John A, Moody, respondent, vs, Robert T. Andrews, appellant,—Argued by 3. Hand, of counsel for appellant, and by James W. Monk for respondent, No. 207, Martin Cole, respondent, vs. Matthew Van Keuren, appellant. —Argued by 8. 5 bins, of coun- sel for appeliant, and by William Louudeberry for respondent, No. 209, Jacob Levy et al., respondents, vs. Caleb A. Burgess, appellant.—Argued by Byron J. Strony, of counsel for appellant, and by 8. 8. Smith for respoud ents, Proclamation made and Court adjourned. CALENDAR. Day calendar, Court of Appeals, Friday, February 18, 1876:—Nos. 210, 214, 214, 216, 22044, 226, 225 and 231. UNITED STATES SUPREME COURT. Wasmineton, Feb. 17, 1876. The following case was argued in the Supreme Court yesterday :— 163, Board of Commissioners for Laramie County vs. Board of Comumissiouers for Albany and Carbon Coun- ties. —Appeal from the Supreme Court for the Terri- tory of Wyoming. —This was a bili in chancery brought by Laramie county to make the other counties named as defendants liable fora portion of the debt of the former. It appears that in 1865 the defendant coun- vies were formed by the Legislature of Dakota Terri- tory, which then embraced this county, out of territory which had hitherto been & porrion of Laramie county; and that at that time Laramie county had become indebted to the amount of about $28,000, This debt, it is insisted, the new counties shall help pay, inasmuch as they were benefited by the debt, and when it was incurred were legally liable ag any other portion of the then connty of Laramie, The decree was for the defendants below, and it is here contended that the subject matter is wholly one under legislative control, and that the Courts will aot undertake to deterinine the controversy. That the Legislature bad full power, and having divided the territory into three counties without haying pro- vided that the new ones should pay any portion of the existing indebtedness, 1t ig conclusive of the case, and the bill must be dismissed, D. McLauchlin and H, R. Steele for appellants; W. T. Otto for appeliocs. Jn the Supreme Court of the United States to-da: on motion of Mr. M. H. Carpenter, Hon. Lot M. Mo: nil, of Augysta, Me., and H. B. Johnson, of Jefferson City, Mo., Were admitted to practice as attorneys and counserlors of this Court. On motion of Mr. P. Phillip John 8, Cooper, of Chicago, Ill., was udmitted to prac- tice as an attorney and counsellor of this Court. No, 153, The Board of County Commissioners of the County of Laramie, appellants, ys, The Board of County Commissioners of ‘Albany and Carbon counties.—The argumentegf this cause Were continued by Mr, W. R. Steele, of counsel for the appellants, and by Mr. A. H. Jackson for the appellees, and concluded by Mr, W. B, Bieele for the appellants. No, 154, Republican River Bridge Company Kansas Pacific Railroad Company. Error tothe § preme Court of Kansas,—This 18 a contest concerning the right of way of the railroad through the Fort Riley reservation, The Court below ruled that the joint reso lution of 1867 conveyed to the bridge company, by vir- tue of the patent issued in pursuance of it, ull the land mentioned therein except the land conveyed to the railroad company for a rigut of way by the jomt resolution of 1866, but that the joint’ resolution of the prior year yested in the Union Pacific Railroad) Company and its branches twenty acres of the reservation opposite Riley City for a depot and other purposes and the right of way claimed, itis here contended that the grant to the State of Kansas for bridge pyrposes, its acceptance and the construe- tion of the bfidge, and the full performance of ail the conditions prescribed by Congress, and the final patent to the Bridge Company, ‘under the grant to the State, vest in the company exclusive tutle, notwithstanding the claim of the railrond under the Joint resolution of 1566. ‘That resolution, it is contended, did not amount to agrant, and has never been followed atent, B. F, Stringfetlow for plaintiff in error; W. T, Otto for defendant, Adjourned till to-morrow at twelve o’clock. . SUITS IN STATE COURTS. 4 DECISION OF THE SUPREME COURT OF APPEALS IN REFERENCB TO A NEW YORK INSURANCE COMPANY, Ricumonp, Va., Feb. 17, 1876 ‘The Supreme Court of Appeals rendered an important decision to-day In the appealed case of the Continental Ineurance Company, of New York, vs Rasey, of Roanoke county. ‘This was a suit ona policy in which Mr. Rasey got judgment in the Stato Circuit Court, of Roanoke county, for $6,000. The insurance company appesled and the decision of the lower Court was reversed, A new trial being granted thereafter the company represented that it was chartered in the State of New York, there and that at feared through prejudice or local influence it could not get justice im the Circuit Court of Roanoke county, and prayed that it be allowed under the act of Congress to remove the causo to the United States Cirenit Court, Upon this the State Cirenit Court of Roanoke county denied the petition, and the company then invoked the Supreme Court of Appeals to compel the Circuit Court of Roanoke to grant its petition. This Court delivered its decision, sustaining the State Circuit Court, and de- clared that the act of Congress was intended give suitors who are citizens of differ- ent States an election ‘between two courts, but not twe different chances. It further asserts that was in the line of decisions In State courts, and bad been util recently also in the United States Supreme Court, It refers to the grasping disposition of the United States courts and their inchnation to arsume jurisdiction wherever possible, and holds that every foreign insurance company coming to Virginia, | and patting itself undor the State Insurance Deposit law, became domiciled here, and that foreign compa- Bies doing business in the State must be treated li home companies, and in conflicts with citizens must be gued in the State coarts. RUBENSTEIN. Israel Rubenstein, father of Pesach N, .-sheustein, condemned to death for the murder of Sarah Alex- ander, visited his son atthe Raymond Street Jail, Brooklyn, yesterday, for the first time since the sen- tence of death was pronounced. The meeting be- tween father and son was very affecting, both bursting into tears. When Pesach had recovered from his emotion he again protested bis innocence in the strongest manuer, and stated that he had been hounded to death by the detectives. He was cspecially severe in his denunciations of Zandt, against whom he cherishes: ry bit feelin, and whom he drove yesterday, although he had invited him there. His father held out no hope for a stay of pro- ceedings or a delay in the execution of the sentence, and told him to prepare for the rst Rubenstein has undergone @ great change 1m demeanor since his sentence, having become lively and communica- tive. TRIAL OF A POLICE SURGEON. Police Surgeon McDonnell yesterday was served with papers charging him with disorderly conduct in being at the Central Office ast Tuesday while intoxicated, He denies the barge and is now trying to find wit nesses, The trial will come off on thp 21st inst, RECORD OF CRIME. River thieves boarded two scows belonging to the New Haven Raitroad Company while they were moored at th€ pier foot of Willis avenue and Harlem River and Stole rope to the value of $00. The thieves broke into the cabin’ of one of the svows and stole a coat worth $5. They escaped with all the property in a smail boat, The apartments occupied by Emma Resier, at No, 1,050 Third avenue, were entered by burglars, aud clothing to the vaiue of $66 carriedof, | While asteep in the liquor store at the corner of First avenue and Twenty-recond street Martin Dugan, of Ni 146 avenue A, was robbed of a silver watch worth. ‘Sneak thieves entered the residence ot L. P. Richard, at $26 Ninth avenue, by means of talse keys, dur- ing the temporary absence of Mr. and suc- ceeded in carrying off Jewerry and clothing walued whe apartments of Froderick Leher, at No. 237 West Thirty-ifth street, were entered robbed by somo unknown thieves of heya valued at $26, .¢ Hudson County (N. J.) Penitentiary, at Snake bw was the scene of a robbery on ged mabt, A targe quantity of clothing below: in the institution was carried off ‘The threves with a int of the’ Palisado y, of Jersey City, peri indicted iy discharged from | ght