The New York Herald Newspaper, February 19, 1876, Page 8

-, p-Andorse war: - Being a legal holiday, the Court should adjourn from | HE COURTS. Further Progress in the Tweed Six Million Dollar Suit, Fe ‘ Governor Tilden To Be the Next Witness. The Industrial Exhibition Company in the Courts. Trial of Finnell, the Slayer of the Irish Giant, . DEVLIN’S GRAND RING FUSILLADE, Tho Tweed $6,000,000 suit is still dragging its slow eng: but as time advances with inereased op- | pressive monotony, somehow there is still sufficient , Altraction to induce the daily attendance of a large crowd. On the opening of the court yesterday morn- | ing there was a general observation to see whether Governor Tildem was in the room, but the fact was #000 ascertained that he would not be called asa wit- mess during the day, but would probably be first calle gt the noxt session, Before entering on the regular business there was quito a talk over the matter of ad- jJournment. Judge Westbrook said he would be un- | able to sit to-morrow or Monday, and the only question IM dispute was ns to the propriety of sitting on Tues @ay, it being Washington’s Birthday. Some of the dary were willing to pass tha day in the jury box, but Others objected. It was fina eed that, Tuesday along, day until Wednesday morning. John H. Keyser was again called to the witness @hair, and continued his testimony. He said his books @pd accounts co be brought into court within | twenty miuute {that he Mr. Field sug, bring his books and ac- | eounts into co day morning. On cross-esaminavion witness testified that his bills ‘were all correct. ; Witness—I am willing to point out the work I have done, Mr. Ficlt—I have no doubt of it, sir. Ihave no | @oubt but that you have beon more sinned against than sinning. Witucss went on to say that Watson and Woodward Often advanced him money on the security of his bilis and would burse themselves out of the bills; his trans 1s have been very largo with the city; the city and county now owed him $300,000; hg made ef- forts t6 collect the money; he explained the means fhat he had taken to collect his bills; he said the Comp- ‘troller and himseif had investigated the matter and found his bills were correct. he asked whether ho had not made an assign went to Mr. Schultz, ckbam objected to this on the ground that it vant estbrook finally allowed the testimo ever, and Mr. Field read the assignments in eviden Tho assignments purported to assign to Jackson 3. Schultz all his claims against the city and against Con. bolly, Wooaward, Tweed, &c. Two loiters, explanatory of the reasons for which these assigumnents wero made, | were read in evidence. After recess tho witness testified to certain conversa- tions with Jackson S. Schultz, as promising that he Would not be prosecuted, and’ they collected some of his bilts against the city ahd retained five per cent for expenses and counsel fees, On redirect examination Mr. Ky r stated that a friend of his wife's gave him advice as inde} jent counsel, Mr. Field objected to giving a conversation between Jawyor and cient, and said he hoped Mr. Shearman would take ne of the attemipt, The Court considered that Mr. fing witness the capacity of co the testimen) The next W s earman was advis- sel, and ruled out ess was Mr. Kennard, $f Kennard & Co., stationors, Jersey City. He testified that the city of New York ‘owed ‘him money for supplies in 1870; ho saw E. A. Woodward, who told him that in order to get his money he should draw ‘additional’? bills; wofused to do it, and sent bis bills to Henry Smut a Bcd Commiceicuor; what Woodward “waited Was to add percentages to his bills; Woodward sent for him throe months after and paid him, and then made him the face of which he was not permit- Wd teree; Woodward retained the warrants. Cross-examined.—He knew he was indorsing war- Fants, vot promissory notes; he dida’t know it, but he | ‘wasn't an idiot; he understood what was goiug on; he Bupposed the warrants were for more than his bills and that moncy would be taken from the county of Now York by them; his bills amounted to $64,000; he also Bigned bills laid before him without seeing the amount; he sent in duplicate and triplicate bills for the same ar- | Bicles, and he had no doubt some of these were altered {in dato and used; some of his bills were not dated, and he left them to write the dato. o Mr. Carter—Ho was never asked to verify bis bills; prices were pretty well up; everything was pretty well up those days, (Laughtor.) . Miller testitied that he is a carpenter and d resides in Fitty-eighth street; he did work p county whenover Ingersoll or Woodward tuld him; in 1870 Woodward told him he would have to Ox his biiis so that he could pay sixty-five percent; he did so and Mir. Ingersol! pald him his proportion of the bills; he did not get warrants for paymout; it was all dono through Ingersoll. Somo twenty warrants were ere handed to witness and he testified that the sigua- ture “George S. Miller’? on cach was not bis. Cross-exainined :—Ho was indicted in 1873 and fled to Cuba; he has never been prosecuted, but ho has beon ued in a civil action; he has destroyed his books. ‘The Court here adjourned to Wednesday morning. ENDUSTRIAL EXHIBITION COMPANY. The affairs of the Industrial Exhibition Company Promise to undergo a pretty thorough ventilation in the courts ponding the existing controversy between the company and Morgenthau, Bruno & Co., their financial agents, The matter came yosterday before Judge Lawrence, 10 Supreme Court, Chambers, on a motion to continue an injunction granted by Judge Donobue in April last. The company cidimed that their agents bad not compled with the contract entered iuto with them, and upon that they obtainea the injunction, which provided, first, that Morgeuthau, | | | | | | Bruno & Co, should no longer hold themselves out to the pubiie to be the Onancial agents of the company second, that they should not dispose of y bonds of the company now in their possession; third, that they should not intertere with whe company. & Motion on behalt of the company to’ continue the in- Junction was adjourned from time to time until last January, when Mr. Dudley Field, on behalf of defend ants, moved to compel the plaintiffs to bring on their motion forargument, Then it was put off on various Accounts util yesterday, when Mr. H, F. Avertil urged inat Mr. Dickerson, the company's counsel, was fbsent ip Washington. Judge Lawrence suid that ex q@use had already been repeatedly offered, aud no longer availed, and that tho case must proceed. Mr. Averill then asked thatthe defendants might open aud the jaintifs have an opportunity to put in a brief next ooaey ‘hich the Court perm tted. Mr. Dudiey Field then presented his objections to the @ontinuance of the injunction, contending, t, that to enjoin a person from interfering with a corporation, he not being an oficor of that corporation, was a palpa tp ecetbe A second, that to enjoin them from hold. g themselves forth as foancial agents of the corpora tion was a similar absurdity ; third, that to enjoin them from iuteriering with the ponds of the company was” ithoat foundation, for it was not pretended that de- Bodanes were not abunaantiy responsible, lastly, that the case made out by the good groundwork for an it did, every material fact waa de niod, not alone im terms, but explicitly and in detail, with documents annexed fully explaining all transactiot between parties, showing, among | other things, that the very attempt on the — of the aint to k the contract might have been foiled y Morgenthau, Bruno & Co. Wf they, who were mem bers of the Board of Directors, had voted on their own case. But from a bigh sense of honor they dechuodt | to vote. The vote was 10 against them a3 bo. sides thomeelves (two) in their favor, Had the; 5 most men would have done—voted in their own | fev or—they would not have been forced into this litt- tion, hat A. Averill, in reply, said the Industrial Exhibi- You Company were authorized to issue $20,000,000 in onds, $100,000 of which were given to defendanis to issued, Betore getting the second $100,000 they ‘were to ascount tor the first. This they tailed to do, and secured their election to the Board of Director Where they procured a modification of the contract obtained $00,000 of the bonds and went to work to gd them. Ihey were to deposit the proceeds jo lthe = Fifth = National «= Bsn, but they mever did so.” They refused to account over | aud over pe to the allegation made that | received about $100,000 in money and kept it | ‘The coutract required them to pay over $75,000 | thio three imonihs. They never did pay over any- ung, eRcept some small disbursemonts incidental to Progress of the business. As two their being re- it DOW appeared there was a judgment in (he of the rif against them. ‘Finally the de- Serer. xpelied from the Boara, when it was that no accounting could bo had. Mr. Averill deciated in conclusion that the object of Morgenthau & Co. was to break up thé company's business so as to get it into their own THE O'BALDWIN HOMICIDE. ‘There was a great crowd, made up largely of sporting moo, in the Court of Oyer and Terminer yostgrd: dodge Barrett veing 04 the beach, to wiuess ¥ plaintitis formed wmjonetion, and i | Geo,—Orders granted, Bach; matter of Bearup, Bird. — | Granted. Maskell vs. Krause.—Oraer to show cause granted. | Witnesses were | O'Farrell and her husband to confess that all the miss- NEW YORK HERA Proceedings in the triat of Michacl Finnell on the charge of murdering Edward O’Baldwin, the well known pugilist, generally known under the sobriquet of the “Irish Giant.” District Attorney Phelps and Assistent District Attorney Lyons con- ducted the prosecution, and the prisoner was de- fended by Mr. William F, Howe and Colonel Charles 5. Spencer, After a jury had been obtained—which was a work of some difficulty owing to the untyersality of opinions formed as to the homicide—Mr, Lyons opened the case, succeeding which a number of witnesses were | called for the prosecution, Their testimony substantiated | in the main the story of the killing as given in yester- | day's Henanp, The only. new point of interest was the testimony of Mr. Cassidy, who stated that 0’Bald- win told him that after ho had licked Jem Maco ho should retire from the prize ring; he said that on the morning of the shooting U’ Baldwin was in such condi- tion that he offered to back him ina fight with any man | iu the world, An cffort was made by Mr. Phelps to | introduce ag test mony the ante-mortem statement of | the deceased, .Mr, Howo objected to its admission on the ground that the deceased did not state at the time that he had no hopes of recovery. Mr. Phelps urged | Strongly its admission as bearing vitally upon the case, but Judge Barrett excluded tt. Mr, Howe opened for the defence, claiming that the shooting of the dece@gsed was under the belief by the | acoused that his own life was in danger, He pictured | the prisoner as @ sinall, feeble man, and partly blind, | and U' Baldwin & man of colossal stature, Who, in a par oxysm of rage, threatened the prisoner's life, and, | wiih that just retribution that often surpasses human ken, fell a victim of bis own evil passions, He said | they would show that the deceased entrapped the pris- oucr into the back room and that before the shooting occurred O’Baldwin was heard to utter threats against Vinuell. Among the witnesses who were ut Finnell’s place at the time of the shooling one stated that be hoard an altercation between the deceased and tho | prisoner, and that the voice of one was like a bull dog and the other hke a poodle | dog. After some testimony as to the good character of the prisoner the latter was called as a own behalf. He told the same story as that published in the Henan follow. der to the polico, His illustrations of how O’Baidwin caught him by the tose, how O’Bald- | win put his head in cbuncery and then hurled him across the room; how he (the witness) pulled bis pis- tol, and how (Baldwin strove to get possession of tt, were Iife-like aud impressive, He was rigidly cro examined, but did not deviate from original sior; Summing up and the Judge's charge followed, alter which the case Was given to the jury, THE LAST RING SUIT, The suit brought by Charles Devlin, making as defendants the city of New York, the Board of Super- visors, the People of the State, hard B, Connolly, Johu H. Keyser, Andrew J. Garvey, James H, Inger- soll, James Watson and othors, promises lo keep the counsel for the verious parties defendant busily em- | ployed for some time to come in preparation of | ing his surre their rospecive answers, The = suit being | bronght for the fame cause of action | against ench defendant, there necessarily must | be a striking similarity in the answering papers, | Tho answer of Attorney General Pratt, made on bebalf | of the people of the State, sets forth sub- | stantially the same points as those embodied | in the answer put im by Corporation Coun- | sel Whitney on the part of the city of New York | and the Board of Supervisors, Which was published at | great length in Thursday's Herarp, With all these | notes, however, of active preparation it probably will be some time yet before tho suit reaches & trial, DECISIONS. SUPREME COURT— CHAMBERS. By Judge Lawrence. Matter of Spofford ; matter of Phelan; matter of Spof- | ford; matier of Campbell; Fellkampr’ vi nde Hemming vs. Chapman; Sharp vs. Shar Bliesenick ys. Bliesenick; matter of Stro! Wiliinms ys, Edgerton and another; Grant ; Barmore ridge’; matier of the Protestant kpis: copal Publi Jones vs Doody; Nos. 8, 9 and 10; Graham ys. Bach va, | Dale Manufacturing Company vs. Watson,—1t does | not appear that the defendant’ has appeared in the action, ardiner vs, the Mayor, &c.—Tho only paper handed in ts the affidavit on the part of the piaintifl tn opposi- | tion to the motion. Cutting va. Stevens et al.—Three —The argu. | ment which isa ap in the defendan er not hay- ing been carrigd out, constitutes no answer to this notion, It scetas to me to be a case in Which a receiver should be appo'ated, and the motion for that purpose is therefore graated. ocher Vs. Tiernan —I desire to hoar counsel, Steinbach vay Relief! Fire Insurance Company.—L will grant this .otion so far as to require a decision in writing to be fied. » a By Sade Denohac —- Matter of Inglit.— Aflidayit of service of notice before referee is nat swore to. Union Dime Savings Institution vs. Frank.—Jadg- ment granted. Autlmordt vs. Goldstein.—Motion granted. Memo- raudum, By Judge Barrett, Jones va. Doody, Nos, 5, 6 and 7,—Motions granted. | Receiver appointed, SUPREME COURT—SPECIAL TERM, By Judge Donohue. Robinson, Kc., vs. Savage ct al.—Findings signed. | Allowance of $100. SUPELIOR COURT—-SPECIAL TERM. By Judge Sedgwick, Barnum ye. Fellows; Connor, Jr., and New Jersey | and New York Railway Co. et’ al—Memorandam for | counsel. Macan et al. ve, Caroy.—Order sustaining demurrer, Lemp vs. Hu —Let a judginent be drawn simply | that partversliip be dissolved and that a receiver be ap- | pointed of partnership assets, and that plainti be such re r, Clark ys. Brown et al,; Clark ys, Brown,—Reference ordered. Madison Avenue Baptist Church vs, Baptist Church in Oliver street, —Order settling case on appeal. COMMON PLEAS--SPERCIAL TERM. By Judge Robinson. Hennessey vs. Wiceler,—Findings settled, Steinert Vs. Dichi,—Order settled, SUMMARY OF LAW CASES. During the month of March the trial of admiralty cases Will be continued in the United States District Court, and jury cases will be taken up at the April term. Charies Schultz, the alleged German torger, whose ex- tradition is demanded by the German Consul, was further examined yesier: before United States Com- missioner White. Argument in the case will be had on Friday, the 25th inst William A. Darling, proprietor of the Twenty-third | Street Opera House, and U. A. Davis, proprietor of the | Contral Garden in Forty-second street, were enjoined yesterday by Judge Lawrence trom giving any further theatrical performances uutt! after payment of their Heenve tees, | Patrick 8. Kelly, while standing on a covered plat- form of the Elevated Railroad Company, was struck on the head by a step of one of the cars. “He brought suit against the company for damages, and Judge Van Brunt, of the Court of Common betore whom the case was brought for t dismissed the eyligence, m Roediger Simmons was concluded yesterday alter a sia! before Judge J, F.Daly, of the Court of Common Pleas. On beball of the defence no Jed, and Mr. John Graham, the de- unined as said on the sof the plamuff’s complaint, Mr. Bueh summed up for the plaintiff, and Judge Daly made a brief but clear and comprehensive charge, “The jury were ordered to bring ima sealed verdict on Monday | morning. Ia Supreme Court, Special Term yesterday, before Judge Van Vorst, was commenced the trial of the suit brought by Genette D. Devoe against James M. Boyd, the object of the sult being to set aside a deed of property at Harlem, valaed at $100,000, alleged to have deem obtained by the defendant from the plartifl by | The plaintift is the wite of James B. Devoo, at ne the editor and proprietor ot the California | Journal, and also of the Placer Times and Tran. | in earl er years associate cditor and pro- | the Spirit of the Times. Tho trial will prob- complaint on the ground © ‘ it he great iottery ably occupy se idays Messrs. 8. G. Courtney and G pear for the plaintiff, and Messra, J. E. Cary and E. Van Ness for the defendant, COURT OF GENERAL SESSIONS. Before Recorder Hackett, THE DANCER DOND ROBDERT. Upon the convening of the Court yesterday Mrs. | Dancer, wife of Matthias Dancer, owner of the bonds | alloged to bave bees stolen by Mary Logan, was called | to the sta to the employment of the girl, hor leaving the house, the loss of the $21,642 of coupons and the subsequent recovery of $5,940 worth | of them, which were found by the cook in a coal bin, sowed up in a bag formed ofan old dress of Mary Lo- gan’s, Mrs. Dancer identified the coupons recovered those which @ -short time belore as the rob- ber she and hor daughter had cut from the bonds of her husband. Sergeant Murra: , ot the Fifteenth precinct, testified that Mr, Clark. the broker to whom Mrs. U'Farre!! offered the coupons, had informed him of that occurrence; that he the: upon took Mr. Clark to the apartments of Mra. O’Far- rel in Ninth avenue to identity that lady; that by means of judicious explanations he bad induced Mrs. ing bouds had been their hands at one timo, but that the husband, failing Inam attempt to negotiate some of them with Mr. eae agl of No. 67 Wall street determined to bura them, and actually destroy all of thom except 105, of the value of $30 each, which ho ‘was prevailed upon by his wife to save, and which he to « brother in Rais Scotland, whence they ulgequemtiy recov The accased claimed, in Vuas Whey found the ggunoms ig tae rank of |. | seen since, | pleaded tn extenuation that they had acted only with | EX-SUPERINTENDENT | the Peniteutiary for a term of seven years, Mary Logan when {t was opened by them, and that they Were pot aware that the property was stolen until in- formed of that fact by the sergeant. The jy aay could not see their reason for burutyg the bonds ood that hypotbesis, aud they found O'Farrell guilty of re- ceiving stolen goods, but acquitted his wife. Recorder ae sentenced the prisoner to five years iu State rison, TOMBS POLICE COURT. Before Judge Bixby. TROUBLE AMONG CRISPINS, At tbe above Court yesterday James Cragen, Henry Corwin and Patrick Harrington were charged by Abra. ham Lowenthal with following him in the streets threatening bis life, It appears that the parties in- volved worked in the shoe manufactory of Haman & Redish, at No. 85 Warren street, and a strike origi- natod, in which the complainant refused to take part. ‘This created a bitter feoling on the part of the defoud- | 404s, and when Lowenthal quit work on Thursday evening they followed him to the Fulton ferry and threatened his life, The men were held in $500 each to keep the peace, WASHINGTON PLACE POLICE COURT. Before Judge Morgan. ALLEGED CONSPIRACY TO DEFRAUD. Alvan 8 Southworth, receiver of the Bleecker Street Ratlroad Company, appeared at the above Court yesterday as complainant against John @. Rickway, of No, 504 Wost Thirty-sixth street, who, for several years past, has been employed as trackmaster of the road. Mr. Southworth made affidavit that Rickway had entered into a conspiracy with James Lavin, an- other employé, to defraud the road; that on January 22 Rickway defrauded tho company out of $3 50, an that at times revious he had ‘swindled tho company out of sums of money amounting in the aggregate Loover $100. Mr, Southworth turther stated that the prisoner’s mode was to employ men to repair tho tracks, ho having that authority, enter their names on the payrolls for #5, $10 or $12, and then to pay them ‘only about one- half the umount to which they were entitled to on the face of the payroll, Rickway, of course, putting the difference in his own pocket. Rickway’s alleged dis- honest practices were brought to light by Layin, whom ho employed as a laborer on the tracks, When Lavin’s work was done, Rickway, as Lavin states, told him that he would pluce him on the payroll for $350 moro than was due him an@ that be (Lavin) was to pay over the $3 50 to Rickway. Lavin was subsequently harged and thereupon informed Mr, Southworth of d alleged dishonest, Rickway claims that Lavin has repeatedly been discharged ; that his whole story is false and that he would prove it upon examination, He gave bail in $1,000 to appear for examination at nine o'clock to-day, STEALING JEWELRY, On the 15th inst. there was stolen from the house of Mr, Abraham Bernheim, No. 224 Fifth avenue, $170 worth of jowolry. Mr. Bernhefm formerly had in his employ a young man named Gilbert Green, and hear- ing that he had been in the house after his discharge suspected him, He informed the police of his sus- picions, and on Thursday an officer of the Twenty. ninth precinct arrested Green, and upon searching him found pawn tickets for the stolen property in his pos- session, In court Greon stated that the tickets wero given him by astranger at the corner of Thirty-fourth street and Sixth ayenue. He was bold, however, in $1,000 bail to answer a charge of grand larceny. ESSEX MARKET POLICE COURT. Before Judge Kasmire. NEW AND IMPORTANT RULES. vudgo Kasmire has ordered the following rules to be posted in the Essex Market Police Court, with instructions that they be rigidly enforced :— People having business with the Court must apply to the Justice presiding. Officers, clerks and other attachés aro not allowod to send persons away from the court without giving them an opportunity of making their business known to the sitting magistrate, Warrauts and summonses are issued freo of charge, and no assistance is required to procure them, No officer, clerk or other official connected with this Court shall, under any cir- cumstances, recommend or suggest to any one the name of nny lawyer that with or employ to appear as counsel in any case in this Court or any other police court in thia city, or in the Court of Special Sesstons of this city. Any court officer, clerk or other official violating either of the above rales will be reported to the-proper authorities at once for instant dismissal, Any imposi- tion practised upon parties coming to this Court on business will please be reported to the magistrate at once. GEORGE EF. KASMIRE, Pohico Justice. The object of the’above rules ts to break up the prac- tice, where it exists, of Court attachés and lawyers “working in” together for their mutual benefit, and to the loss of persons coming to sec the Justice on busi- ness, Justico Kasmire says that these rufies will be en- forced in every Court at which he presides, FIFTY-SEVENTH STREET COURT, Betove Judge Murray. A PRISONER BESCUED BY TWO WOMEN, Ann O’Donvell and Annie E. O’Donnoll, mother and daughter, residing at No, 320 Kast ‘Twenty-fitth street, were charged with rescuing a son of Mrs. 0’Donnell from Officer Deeves, of the Eighteenth precinct. Tho | ted young O’Donnell on Thursday oven- | officer had a ing on acharge of dragging a woman into tho hall- way of his mother’s residence (which she owns) and robbing her ofa shawl, The truth of tho charge is denied, however. eseape and struck the oflicer, who thereupon knocked him down with his club. The mother and daughter then caught the officer about the body in such a manner as to prevent bim using bis club, and two men who had come up, and whose sympathies were excited by the blood on 'Donnall’s person, released the otfcer’s grasp upon him and he then eseapod, The prisoners did not dony the charge, but the view of preventing the oflicer repeating his club- | bing of the prisoner while he fay in tho gutier bleeding. They deniod being accessory further than this im the escape. The Court said that if the prisoner should surrender himse!f at once it would materially help them. said that they could not guarantee that, and they were held for trial at the General Sessions in’ ¢5.0 bail each, POLICE COURT NOTES? At the Washinglon Place Police Court yesterday Jobn MePartland, of No. 643 Eighth avenuo, charged David Fox with stealing a pieco of red flannel, valued at $21, He was held in $500 bail to answor, Charles Williateson, the voted forger, was yesterday again arraigned at the Tombs Police Court, and, waiving an examination in bis case, was held tor trialin de- fault of $5,000 bail. FOLK'S CASE. Yesterday afternoon the Gencral Term of the Supreme Court, Kings county, was occupied in hearing argu, ment un the certiorari in the case of ex-Superintendent of Police John 8. Folk against the Board of Police and Kxctse Commission. Mr. Folk sets forth that in the month of July, 1875, Commissioner Pyburn presented written charges against him for noglect of duty, for committing offences against the jaws of the State of New York, tor violating the rules of the department and for ixcompeten Aitera formal hearing of the evidence against Mr. Folk, the Board of Commissioners, who were at once his acchsers and his judges, removed him from office, though he | bad been tor upward of thirty years connected with the police. Mr. Folk seeks a review of the pro- cocdings of the Board. Mr. Troy, cou Folk, in Its argument —belore’ the set forth that the charges and specifications against Folk were frivolous, and involved the manner in which ho discharged his duties under the orders and direc tions of the former Commissioners, who directed the course of conduct which Commissioners term “neglect of duty, offence and incapacity.”” The charges were unproved and tho relator was discharged simply tor incapacity. He was shown to bo capable, trustworthy and eMetent. Counsellor Barrett ap- peared for the Commissivners, and argued that public policy aad propriety forbid the question of motive bormy raised. The charges and specifications were fully sustalued. From all the evidence taken, he said, it is most unmistakably apparent that the relator, as the executive oflcer of the Brooklyn. police force, was most repreheusibly inactive, and, therefore, incom: petent. THE BROOKLYN MAN EATSR. The case of Owen Tully, the Brooklyn ward poli- | tician, who was recently convicted of mayhem before the Kines County Court of Sessions and sentenced to brought before the Supreme Court, General Term— Judges Barnard, Gilbert — and Dykeman—by coupsel for defence, on a motion for ap. peal. The counsel for Tuliy claim that the etment charged only assault ond battery, a it did not allege that the thamb was cutoff or di ied, or that lying in Wait or premeditation was shown, The points gf the respondent were ti used included tho word “disable equivalent to those in the statute the word “destroy”? * and that words swered the pur- | pose; that as lovg as premeditated design was shown that was Cnough to submit the case to a jury, COURT OF APPEALS, ALBANY, Feb. 18, 1876. No, 210. John Lutz and others, respondents, ve Martin Briggs and othors, commissioners, &c., abpels lants,—Argued by J.-B, Perkins, of counsel for appel- lants, and by J. C. Cochrane for respondents, No, 2U1. William Evans, appotlant, vs. Tho United States Life Company, respondent. —Argued by F. G. Salmon, of counsel for appellant, and by EB, F. Van Winkte for respondent. No, 214 William J. Dounce, respondent, va, Benja- min F. Dow and others, appellants —Argued by J. B. Adatos, of counsel for appellant, amd by J. R. Wardior respondents, > Adjourned, ‘ THE DAY CALENDAR, : Tho following is the day calendar for M , Feb- nd 21, 1874:—Nos, 216, 226, 231, 232, 233, ‘37, That the Glerk, mae'a usw caleudat for the 2008 day ? it would be wise to consult | While under arrest he attempted to | He has not been | They | for | Court, | LD, SATURDAY, FEBRUARY 19, 1876.—-WITH SUPPLEMENT. of March next, to which day this Court will take a ro- oe by adjournment ee the 25th inst.,and that he ane on such calendar all causes on the present cale: whieh shall not have been heard or otherwise dis- posed of; also all such pending appeals as shall be regularly noticed for argument, A 9 which proof of | service of notice of argument shall be filed with the Clerk on or before the 6th day of March. E, 0, PERRIN, Clerk. UNITED STATES SUPREME COURT. Wasurxaros, Feb, 18, 1876, In the Saprene Court of the United States to day:— No, 154 The Republican River Bridge Company, plaintiff in error, ys. the Kansas Pacific Railroad Com- ay .—-Tho argument of this causo was continued by | Mr. W. T. Otto, of counsel for the defendant in error, and concluded by Mr. R. McBratney, of counsel for’ the piaintift in error, No, 11, Assigned. Samuel N. Burbank, tutor, &c., appellant, vs. E. B. Bigelow ot al.—This cause was ar- gued by Mr. B. F. Butler, of counsel for the appellant, and by Mr. T. J, Durant for the appellees. No. 155. John N, Hail ¢6 al., plaintiffs in error, vs. The United State: nd No. 166, John N. Hall et plaintiffs in erro: The United States.—These causes woro argued by Mr, Assistant Attorney General Smith, of counsel for the defendants in error, aud submitt on printed arguments by Mr. H. J. Horn, for the plain- tiffs inerror, No, 157. Walter N. Holdeman ot al, plaintiffs in error, vs. The United States. —This cause was argued by Mr, Ai sistant Attorney General Smith, of counsel for the de- | fendants in error, and submitted on printed argumente | by Mr. John M. Harlan, for the plaintiffs in error. ‘No. 158. The propeller John Taylor, &c., appellant, vs, The New Jersey Railroad and Transportation Gom- pany.-~The argument of this eause was commenced by Mr. C. Van Santyoord, of counsel for the appellant, Adjourned until Monday at twelve o'clock. ALABAMA CLAIMS. Wasutarox, Fob. 18, 1876. In the Court of Commissioners of Alabama Claims tho following judgments have been renderod during the week :— a Caso No. 1,088, For the loss of the Hector, outfits, &e.; destroyed by tho Shenandoah April 1, 1865. Wil- | Ham J. Roth, $1,960; Benjamin 8. Roth, $1,145; Samuel ©. Gilbert, executor, $1,960; Samuél R. Morgan, $086; Wilham R. Robeson, $500; Leonard A, Plummer, $250 Thomas A. Norion, $1,250. Case No, 1,150. Amos A. Chase, for loss of personal effects, &c., on samo vessel, $2,739; for catch of the ship Hectot, $17,004 50, to be distributed among the | Persons ontitled thereto. Case No, 1,094 Daniel 1, Tinckham, for loss of per- sonal effects and wages by destruction of the Altahama by tho Alabama September 13, 1862, $219 50, Case No, 1,102, For loss of the Rienzie, outfits, &c., destroyed by the Florida, July 8, 1803, Gideon Bowley, $3,187 50; Joshua A. Bowley. $3,187'50; Gideon Buw- ley etal, administrators, $1,062 50; David E. Butter- field, $1,062 50, and for catch, '$987 50, Case No. 1101. George Chamberlain, $888, and ease No, 1,105, James Gifford, administrator, $1,306, for loss of.personal effects, &c., on same. Cases Nos. 1,149 and 1,154. For loss of the Ocmulgee, outiits, &c., destroyed by the Alabama, September 5, 1862, Samuei Osborn, Jr., $5,440; William H. Munroe, | $5,440; ttonry A. Coffin, trustee, $1,360; Louisa PL | Worth, administratrix, $1,360; Joseph V. Kelly, $680; | W. P. Chadwick, $680; William Bradley, $680; William | Jernigan, $1,360; Frederick Warren, $2720; Ann Eliza | Gannett,’ $2,720, ‘and catch, $16,812 25, Caso No, 582 1 Luce, administrator, personal effects, &c., on same vessel, $046.” Case No, 332. Henry Bradley, administrator for same, 5 430, ise No, 1,873, Samuel Case No, 693. Jonas sti chandise on the Commonw Turnor, for same, $445 85. rauss etl, for loss of mer Ith and Tycoon, $19,470 50, | chandiss $14,245 26, Caso No. 646, H. W. Look, for loss of personal effects, &c., on the Branswick, $250. Case No, 547, Andrew Jackson, for samo, $1,139, Case No. 648. Alden Potter, for same, £2,320. Cuse No. 802. Caleb Babcock, for same, $863. The following cases were to-day submitted to the | Court upon testimony and oral argament of counsel:— No. 1,155. Alexander H. Cory ys. United States, for on tho Crown Point and other vessels, | Frank W, Hackett for the United States, No, 563, James March ys. United States. No. 662, Benjamin Dexter vs. United States. 90, ys. United States. No. 1, . Manuel Frances vs. United States; Marston for claimant; Jamos A. J. Cres- well for tho United States. No, 1,158. Henry Du- ; pont et al, vs. United States, for loss of shipment ot saltpetre; submitted on evidence and | argument of counsel; Francis C. Nye for complainant ; | Frank W. Hackett for the United States, No, 1,163. ; Manuel A, Pedro vs. United States, No, 1,358. Frank | B. Ramos ys. United States. No, 1,165. James Grant vs. United States. No. 1,357, John V. Miller vs, United | States. No, 1,861.John Henry Perkins va. United | States. No. 596, Elisha Hubbard ys. United States. | _ In all the above cases C. Cole tor complainants, John A. J, Cresswell for the United States. Adjourned. HKUBENSTEIN. 4& NEW TRIAL TO BE MOVED FOR BY THE DEFENCE. Mr. Mott, associate counsel for the defence in the caso of Rubenstein, visited the Supreme Court of Kings | | county yesterday, and requested the stenographer to ings in the recent trial before the Court of | Oyer and Terminer He stated that it was his intention, upon receipt of the minutes of | the trial, to prepare the nocessary papers | upon which to base an application for a new trial for | Rubenstein, In conversation with the writer Mr. | Mott said that the application would be made on the | ground that the verdict of the jury was contrary to the evidence adduced, and also upon several other ex- ceptions which they had noted as they wet along. | papers required would be ready for presentation to tho | Court. Nothing, he said, would be left undone to save the life of the unfortunate man, The counsel told District Attorney Britton of their intention to move in behalf of a new trial, and said that | he would band him a copy of the papers for revision as goon as they were prepared. | wou'd bo satisfactory and the counsel withdrew. Ye: | terday Pesach made a request, which was readily wanted by the keoper, for permission to indulge ina ath, Coione! Stegman, ono of the keepers, gave permis- | sion to the unfortunate man to erect a gas stove in his cell on which to cook his miserable red herring and roast his winter applo, He also asked for of! and vine- | gar, which will be given him. Neither knife nor fork | He was captured by an officer while running away from | | the store. will be allowed the prisoner, though he earn- cstly asks for them. He prays earnestly, always | in harness, strapped with the Hebrew thongs, | which secure the Mosaic laws to his fore. ‘head snd arms, The keepers will not, however, | permit the wretched man to keep his harness ov when they are out of sight, as they icar he would improvise a noose and cheat the hangman. Israel, the father of | Pesach; Jacob, bis elder brother, and Rosa, his sister, ; have called to see the condemned man, and have | tendorod him little gifts; bat the Jailors, being fearful | that poison may lurk in some recess of the materals | tendered, have not allowed Pesach to take them. His | stepmother has never been to see him since he was | sentenced, ° RUBENSTEIN’S CONVICTION. | To tuk Eorron or THe Heratp-— A great many people seem to think that on account ot what they designate as the extremely short trial, conviction and sentence of Rubenstein he is entitled to a new trial, with a more searching wvyestigation into his case. Already we hear the cry raised—and every fair-minded, just person must admit that it ig prejudice o& account of his race; thatthe jury were prejadiced when they did not credit the evidence for | the defence, A more outrageous piece of misrepre- | sentation could not be conceived, as Rubenstein had | every possible opportunity extended to him, and, what | is most remarkable, hia most eminent and able counsel | could not take a single exceptio: thing unheard of, I believe, as the Judge remarked, in such a case, It is | admitted on all sides that a more intelligent iy, could not be convened than the twelve gentlemen w 50 attent | most accurately the evidence given on both’ sides in this interestyng criminal case. All that learning and eloquence could avail had been brought to bear by | Rabenstein’s eminent counsel, Mr. Boneh, in bis ad- | dress to the jury, to demolish the sirong chain of evi- dence which, link by nk, made compicte the chain | that connected Rubenstein with the foul murder for | which he has beon sentenced to forfeit his miserable | life. Thore are too many murderers escaping the gal- | lows in this State of New York, and, a3 a consequence, | colt blooded, wilful murder a8 an everyday occur. rence {s becoming fearfully, terribly rampant. Let all such mockerics of. justice as new trials and insanity | dodges to shield murderers be played out. Let the law | in this country take a lesson from England, where the assuming of the dreaded biatk cap by the judge in pass- | ing the death eentence Is the final and sure act whieh ‘COnSig! murderer not only to the ignominious doath of the giblet, bat also to tho felon’s grave within the precincts of the jail Such it ought to be in this country if murder ia to be stamped out. Yours re- spectiully, IG, THE DEER PARK TRAGEDY, Dayid H. Skidmore and William Henry Wood, tho parties implicated by the Coronor’s verdict for the murder of David Skidmore, Sr.; Fleet Weeks, Wesley Wright and Mrs, Wright, on the night of the 50th of January, at Deer Park, had a preliminary examination Dofore Coroger Proston, at Amityville, Long Island, yestorday. The prisoners were defended by Counsel- Jors Gri eee ti id Skid enewer iy ques ions. Vi more, im answer to te ae Coronor, said, as to tho grave and serious charge which ho bad been arrested, it was usoloss for hin to he was ae ee og sak abet: tie rey tail ac nN 5 Teel wot 4 had Seca hat tei, ee an [oxen @ afforded ie to prove his a oe. Wood and Skidmore Were thea fully. comm tied, await tl esijon of the Grand Jury. Tyrell aud Mrs. § were h@4 in bonds of $500 to appear ag witnesses 6? Pho Cxaminaliog tae Gommilmcms ware eines + Case No, 690. Abraham Schollo et al., for loss of mpr- | | loss of ‘the brig Kate Cory; Marston for complainant; | Stephen Flanders | write out a complete copy of the notes of the proceed. | It | might be two or three weeks, however, before the | r. Britton said that | groundless—that Rubenstein was convicted through | 0 listened | vely, and examined and, no doubt, weighed | and Hopkins, and, by the advice of their | jeaded not guilty to the charge and refused to | | Constable Weeks, of Babylon, wno conveyed the pris- | oners to Riverhead by the afternoon train. Foctercay Mrs. Skidmore, tbe third wife of David H. Skidm: Sr., applied to Surrogate Hi for letters of ad- ministration on her deceased husband's estate, BOARD OF POLICE. The regular weekly meeting of the Police Board took | Place yesterday. Inthe absence of General Smith— | coniined to his house by illness—Commissioner | Voorhis was called to the chair, Commissioner Erhardt, from the Committee on Rules and Discipline, reported | a form of book to be used by captains in detailing their _ datly routine of duty, On motion the same was ap- | proved by the Board and ordered to be put in force. The book in question is asmall One and siniilar to that recently furnished the ward detectives, In it captains H | are cxpected to write down a dally history of their | movemonts, together with all orders given by | them .to detectives, This latter is intended | es a check on the detectives to insure faithful and accurate entries on their part. | | Captains are also expected to write down the names of | members of tho force outside of their own precinct | with whom they hold iuterconfse, also the names of | all suspicious persons with whom they come in con- | | tact Under no circumstances are extracts of contents or duplécatas to be kept by captains, The books aro to be forwardéd at twelve o’clock each day to the Presi- dent of the Board at the Central Office, On motion of Commissioner Wheeler William J. | Smith was appointed Inapector of Dumps, in piace of | Horace Abel, removed, and James B. Strahan, Inspec- tor of Dumps, in place of W. B. Wardell. On motion of Commisstonér Voorhis tho following | atrolmen were dismissed from the fofee:—John ©. | 'wohey, Nineteenth precinct; Patrick H. Henan, Four- | toonth; J. Wallace, Nineteeatb, and William M, Brown, | ‘Thirteenth, MUNICIPAL NOTES. The Clerk of Arrears in the Finance Department an- nounces having recetved $1,250,000 for assessments nder sales of property in October last. Comptroller Greon has not yet paid the salary of | | Civil Justice Kelly for the month of ‘January. He | | proposes to compel production of the usual affidavit as | | to fees, The caso comes up again on Wednesday next. | Tho hackmen and livery stable keepers are worried | | a8 to the new ordinance now pending before the Board | | of Aldermen. They claim that tho rate of compensa- tion is notlargeenough. The matter will be determined at the next meeting of the Board, Mayor Wickham was absent from official duty yes- terday. The Executivo chair was occupied by Mi Samuel A. Lewis, President of tho Board of Aldormen, The Committee on Rumors around the City Hail were again busy yesterday circulating the starement that Mr, Allan Campbell intended shortly to bbs his po- ition as Commissioner of Public Works, They give as @ reason that his Presidency of the Consolidated Com- | pany, to which he has just been re-dleeted, nevessitates the resignation. ‘The school teachers have just been paid their salarics by Comptroiler Green, tor the month of January. CUSTOM HOUSE SEIZURES, A large seizure of fraudulently {mported pictures was mado yesterday by Deputy Collector Phelps, of the | Ninth division of the Custom House It appears that | some four months ago a largenumber of pictures, principally Spanish, were imported {nto this city from Poru, by Seiior Guerrero, a Spaniard, They consisted | of some 200 oil paintings, some original and some copies of the old masters, all very valuable, and up- ward of eighty paintings 1n water colors. Upon their | arrival in this city they were declared on importer’s | oath inthe Custom House to be worth about $5 each | on an average, which the Custom House appraisers de- | clare to be a flagrant case of undervaluation, and | they were seized yesterday by the Custom | } House officials at tha auction rooms of Messrs. 1G A. are now on exhibition, | | Leavitt, where the: | They are some of the pictures of the Francis Tomes | | collection, that gentleman Waving made heavy ad- | vances against them. Their appraisement 1s not yet | concluded, but they wiil not be removed from t-cir | present location, and bonds will be given for their non- removal. The duties will*be collected in all prob- | | ability on the amounts realized for thom at auction. | Their real value is several thousand dollars, Deputy | | Collector Phelps says ho holds the augtioncers (Messrs, | | Leavitt) free of any complicity in the matter, and ve- lioves that they knew nothing of the undervaluation of the importation, and acted in a perfectly Jogitimate | ‘ manner, The duty on the oil paintings is 25 per cent | ad valorem. The sale of the pictures will be conse- quently allowed to proceed. | Yesterday afternoon, from information received, | | Custom House Inspectors Andrew McCort. and Peter | Aagan paid a visit on board the ship Constantine, from London, and, by aid of a serew-driver, opened a concealed compastment bebind the captain's bed, | whence they removed four silk umbrellas, which were doubtles to be smuggled ashore, They also captured a case of brandy, which was seizod from the steward as he was conveying it to'No, 65 of brandy in q RAIDING ON A SCHOONER, | The above mentioued officials also gave their atten- tion yesterday to the schooner James B. Gelkey, lying at Woodrui's wharf, Brooklyo, from Cuba, and they captured several hundred cigars, a half barrel of wine, | cages of gin, brandy, ko, i The above mentioned goode wore deposited at the Custom House seizure room, + THE SMUGGLED DIAMONDS. aver street. The case | Thero were about one thousand persons present yes- terday at the sale of smuggled diamonds at Burdett & Dennis’ auction rooms, No. 20 Burilng slip. The bia- | | ding was brisk and the fun was salacious. Throughout the sale, however, one clogantly dressed young woman, notwithstanding the pleadings of Mr. Edward Murp! the assistant auctioneer, cecupied a seat without say- ing a word to any one. She was supposed i fe be interested in the smuggler, whose name is un- ‘known, The sale realized about $10,000, forty per cent under the appraisal, Joseph J. 0’ Donohue, Park | Commissioner, bought an elegaut diamond locket, con- | taining twenty-two diamonds, for $550; « solitaire dia- mond pin, with two studs and one setting, for $450; a | solitaire diamond ring for $570, and another sixteen and half carat, for $800. Dr. Wells, Frank Swift, R. P. | Noah, Harry Lyons and E. L. Murphy were among the other heavy buyers. THE RECENT HURRICANES. | The steamship State of Indiana, which arrived from | Glasgow yesterday, encountered on her passage out one of the most terrife hurricanes that has visited the North Atlantic for years. At two o'clock on the morn. ing of February 1 the barometer commenced sud- | denly falling, and the wind that had been Llowing a moderate gale from the northwest suddenly veered to | the southwest, and by six A.M. was blowing a heavy galo from that quartor; at nine A. M. tho gale incroased | toa hurricane, and the sea, cross and angry, literally | ran mountains high. The ship was “‘hove to’’ with her | head on, but the force of the wind was tremendous; hailstones came with such violence as to indent the woodwork where they struck. It was impossible at | times for any human being to stand on deck except under the Ice of some of tho houses of bulwarks, tho waves making @ clean sweep of the ship. At avout | tweive noon tho hurricane was at its height anda heavy double sea struck tho ship, et submorg- ing her and burying her deep in the foam. The second eficer, who wag on the bridgo, found himself standing In the midst of the boiling wares with the feeling that the ) ship was gone from under him, and as Le ciung to the tron rails the storm canvas was swopt away. As the ship righted the damage done was found to bo considerabie. The chart room, ollicors’ roome, surgery, lamp trim- | mer’s and other deck houses were entirely swept awa; | umbers were smashed and iron stanchious bent as if | | they were proces of wire. The captain wnd chief oflicer had also a narrow escape with their lives, aud every. thing belonging to them was carried away. Scveral seas were sipped afterward, but po further dam; dono; the hurricane was spent, and the sea became more regular with a succession of southwesterly gales. | The State of Indiana arrived safely. STATEN ISLAND FERRIES. | In consequence of the accident to the opposition Steamer Sappho, in breaking her shaft on Thursday, passengers yesterday were compelled to travel by the old line boats. There scems to be come doubt as-to whether another boat will be placed on the opposition | line while the Sappho is beihg repaired. | | THE WATER SUPPLY. bi To Tae Eptron or tae Herato:— The articje in the Henan on the subject of a greater supply of water for the city was not only interesting to the taxpayer, but also to tly ire Underwriter,” and | | calls for somo decided and immediate action on the part of our city authoritics, Your suggestions and , | those of our Superintendent of Pudlic Works should be | put in practice without do'ay, unless somo other pian | | is proposed to mect our iminediate wants. Tho great | Gidficulty appoars to be in getting a sufficient supply of } frea water for ali our neeessitics, and the great ox- | byes, which you estimate at $10,000,000. Will it not 4 $15,000,000, and probably be $20,000,090, under | our present system, and would not tive or ten yoors | olapse before it was accompl@hed | this way must be started; but, to meet the immediate | Wants, lot the experiment be tried of — util- } irs the salt or river, water in # lower | parts of the city, .The objection that salt water would be more injurious to merchandise than tresh Water {8 not sound, as is well known by our ‘‘Mariue cee ple SY when whole cargoes are saturated with | Balt water, There are only a few descriptions of goods beet would bd ey by salt than erat! water; los, AB abyndapt supe! tw Fould proveae the spread «ary ON ma Re Ualiwr lo conten toe de of a Ure to the building even if (he contents aro damaged by the use of salt water than fresh, than that it should be allowed to oxteud through whole blocks of buildings. At all events, lot the experiment be. tried, and uot wait until # dasaster shall ocoar that Yet something in | of from one and a half |The multiplication of cars much beyond this pres- | {m succession, until the few moments of vi pm ; ‘tine. Op 5 THE STREET OAR NUISANCE. — THE CHRISTOPHER AND TENTH STREET LINE, The Hgratp has devoted much space to an examina tjon of the cars on the various city railroad Imes, and by figures, made up from actual counts, has demon- strated the necessity of the enactment of somo stringent law—such as Mr. Bergh or Assemblyman Killian have proposed—to prevent the overcrowding of; | passengers on the cars, These imvestigations have covered over a dozen of the lines running north and south and across the city, and they show that pight and morning nearly FUFTY PER CKNT OF THR TRAVELLING PUBLIC are compelled to ride clinging to straps or on the platforms of the car. The only lines whose cars are not greatly overcrowded are the Christopher and Tenth street route and the Vesey street and South line. The latter is a new road, not yet publicly known, and consequently it is but little patronized, The former route runs twenty ono-horse cars, weighing 400 unds fess than the cars on the Twenty-third tue, which is owned and m&naged by the came com-) pany, of which Jacob Sharp is President. Each car makes seventeen round trips between Tenth and Christopher street ferries, i Morning and evoning the cars are supposed to run on two minutes’ hoadway and at other times on three * minutes’ headway. An examination of the manner in wh‘ch the road is ran shows that often five full min- Utes intervene between the cars on this route. The | hours of the day are comfortably filled, bug’ at connect with the ferryboats are oiten greatly wided, and sometimes as high as forty per cent! aro found without seats, A ustration of tho: packing process it may be stated that the secretary of the company reports that one night during the rush to’ the German festivals at Hoboken last suzamer as high. as sixty-five passengers were carried upon one car, On this occasion both platforms were given up to the crowd, and one horse was pressed into service to draw this remarkablo load, ¢ A COUNT OF CARS night and morning and between one and two P. M. ghows that on!y about twenty por cent of the passen- gers on the line are unprovided with seats, This show- ing is about tho best of any road in the city, yet itis not the faultof the company that the cars are notas crowded as those of other cross town lines. The truth is that there is not sufficient travel to overcrowd their cars, excepting during storms and on special occasions like the one instanced above, ‘The company havo six extra cars which they run from April 1 to November 1, when the German people move between the Eastern District of Bsopklyn and Hoboken to attend the Ger- man festivities on the Jersey Heights, MR, BDERGH'S BILE, To tuk Epiror or Tux HeRALD>— Mr. Bergh’s plan, if adopted and enforced, will at Jeast give us comfortable sgreot car travel, it is true, but to what extent will the railroad companies have to increase the number of cars running? They would have to run them almost on top of one another, particularly on such roads as the Chird avenue, and cveg then they would be insuilicient, at certain hours of the day, to accommodate the ever increasing travelling public, As to standing in the cats, if passongera pay their five cents for a ride and seat, the latter not being fur- nished, I am sure paying such fare for standing is an imposition; but this is mainly due to the ever crowd- ng in by the public, for evorybody is always in a burt to the great aehght of the railroad companies, have a class of people who will ride standing, regard. less of comfort, even their own, on platforms and hang. ing on straps inside; to them all the possible standin; room should be given. Now, I havea most practic: pian to offer, which, if put in operation, will answer a double purpose, the one cheap transit the other coy In addition to Bergh’s cars (as I will call th let the raitroal companies be compelled, at certas hours mornings an] evenings, when travel ls mos dense, to run cars with no seats at all iu them—that is to say, Standing room only; cars provided, howevor, with plonty of straps inside, at a reduced rate of say three cents for each passenger. Let every alter- nate car be such a ono, and let such cars be marked accordingly. This would answer admirably 1 the wi of cheap transit to our class who do mot mind stand- ing. By this modo of travel these cars would carry enough passengers to render riding in the ordinary seated cars comioriablo, Similar cars are in operation. on the principal railroads in Germany for the benefit of the poorer clusses, with great success. Let us have standing cars, as stand we will, fare three cents, PRACTICUS, fe, A GEOLOGIST'S OPINION. To rux Eprtor or THe Heraup:— Will you not open the columns of your widely-road journal to the presentation of some aspects of the 80- calied ‘Killian Bill? that certainly seem to have been overlooked, and that point to its operation as a public disastor of the most serious kind ? The writer knows nothing of the dnancial arrangements of the car com- panies and bas no interest or concern in this matter, save that of the great public of Now York. What je i, proposed to do by this law? In simple terms, to break: up all reguiar und rehablo communication in this great city, exeept for those whose means are such as to en- able them to use carriages. This, and no less, willbe the immediate and inevitable result of this bill, And can the people of New York calmly contemplate such a state of things for the sake of avoiding the roally trivial annoyances_of standmg and crowding? It ts clarmed that the companies can be compolicd to pat on More cars, and to secure this end the bill is to require that cars be rup at intervals of not less than two mia- utes, What can the makers of this bill know of our city and its wants, when the fact appears that the chief avenue lines are now running cars at the average rate to one-half minute? ert rate is mot possible, aud the attempt to enforee it only demanding tho impracticable. But the calamitous feature of the bill is the closing of cars in which seats are full to the further entry of passen- ers, This rule would mako havoc of one-halt of the jusiness and social lite of our city, which is absolutely dependent on the possibility of judging within a few minutes of the time required to go from one part of the city to nother, For two hours, morning and af ternoon, while the great business ude sects up and down tho long, narrow island of Now York, the ¢; would be filled up at or bear their starting points, and all who were not able to seize seats there must wait or walk till the long procession of full cars had passed. In the same way, no person at any hour, no matter what his necessity, could count upon ee connection with any trasn or beat; for the cars migh! be filled, as to their seats, and might pass on, several traveller's) — margin were lost. So, too, sboat the hour of pine in the moraing multitudes of pups and teachers in g coy bo pace upon the cars to their appointments within a tew minutes. Ina bt dred ways all who cannot hire carriages would counter a fatigue, aa exposure, an anuoyance delay that cannot be estimated if this extraordi atute should be passed; and the worse the wi the worse the results. D, 8. MARTIN, Retoers Fears Conor, rofessor of Geology. Y., Feb. 16, 1876. EUROPEAN MARKETS, Liverroot, Propece Evenia Loxvox Linseed oi}, ton. Commot 18—Ever ipercws. Sperm oil, Ds. per © HAVANA MARKET, 3d. Gd. sin, 4s. Od. a Havaxa, Fob. 18, 1 Spanish gold, 213% a 214. Rxehsnge easior. United States, 6) days’ currency, sight do. Sky w' Thy discount: GO days #2 discomme ; old. 2 a sight do. Sa4 premium. On Paris, 2 gar quiet and weak. DOMESTIC MARKETS. Cotton irreguin 52,715. Exporte—To Great 16, te thet omtinent, 14,683; to the bat coustwise, 10,381. Sales, 41,450. Cocrecti Britain should have been 438 Feb. 17, exports coustwise jad of 3,304, Mom lddling, 2254.8 126: Ty, Vac. & Net Vials; conatwine, 314. u 8 or: | Exports to Fr: Berk, 72:07 Weekly—N Ureveigta, WhUt4: Exports to France, 2,114; to Ghinnel, 1.525. Seles, 11,000. Export Ps! 13 Fe Cotton very dull; middling. 12° good orabuay, Net receipts, 7,000; Exports to tho Continent, 1M; to the Chat wise, L219, Sales, 300. Btock, 4,423, ceipts, 9,560; gross, 0.542. Export tinent, 8027 to she . ‘constwise, i 0 Salen a Wiuaxoros, 8c 9 Spirits turpentine Be Rosia for strained, far quiet at Receipts—Flour, 4,000 corn, 30,000 do.; oats, Shipments—Floar, 4,000 50,000 do. ; oats, 19,000 do. 5 i and unchanged. Wheat very dull; saigx 70 white at 61 37; 960 do. No. 2 Milwaukee Gull; sales ve cars wew, on private terms at Sic. Onts, rye and barioy m fot heavy mess, Lari qeist xt Tye. ally #1 U8, f dail. No. 2 Chicago sp rit; BL OES May: ty jevannid a hf higher rates; "Ks. ty a 324; March, spot; Se. a G2ic. M . e: vy lowe Wot O00, "Dressed hoge active fe ‘wrk —Demand active and. pri u 69 Bt © spot: 21 43a at So pril, ard—I May. mand fair, ee re ee ee oe | (CONTLNUED ON