The New York Herald Newspaper, March 2, 1876, Page 8

/ 6 — THE COURTS. Encouraging Progress in the Tweed | OPENING THE CASK FOR THE DEFENCE | A Scathing Philippic Against Mod- ern Reformers. Tweed Not a Couspirator, but the Vie- tim of a Conspiracy. Mabe Motion to Dismiss the Com- plaint Denied, NEW YORK HERALD. THURSDAY, MARCH 2, 1876.—WITH SUPPLEMENT. fifteen — marer- yong Gout Fan to Know everything (More | square, occupied as a dry goods store by Lesser shat he had understood the case wousa not go on to-day THE TELEGRAPH COMPANIES. fered mynssion ‘There we ments hanging over him. Jjaries had been » and how courts had decided. He, an old man, feeble in health—wrongfully jmpris- oned once, and liable to be wrongfully imprisoned again, ted for his life, not to e the halter—not for fear that men ke John Garvey would get juries to Deliove that he pr assassination, but to escape imprisonment, whigh, struggle as he might, get new trials and justice im courts above as he might, was likely to last for the few remaining years of his’ lie. Do you know what he was tried for, what be was col vieted of, what he was sentenced for? You probably peed ma he was convicted of stealing the funds of the county. Not atall. He was convicted of neglect- ing to it these bills. WITNHSSES AGAINST TWEED. In this branch of bis opening address Mr. Ficld was varticularly severe, Speaking of Garvey he asks the Jury to bear in mind that Garvey comes from that raco Across the sea who believe that when a man becomes an informer he 1s sunk to the lowest depths of degrada- fion; that he is far worse than a thief or a murderer. Bear in mind that/be has passed the Rubicon, that no decent man (except perhaps the Attorney General of 1872, who he says is one af his best trionds) will take him by the band; and that he is prepared to swear to | anything; and remember, too, that Ingersoll has felt | the iron fetters of the prison sink into his sour, and | Speaks with the vision of a dark and gloomy cell before Lis mind's eya EXTENT OF TWEERD'S LIABILITY, Considerable time was given to the discussion of the | subject of Tweed’s liability. It was ipsisted that if $6,000,000, to speak in round numbers, can be col lected trom Connolly, $6,000,000 fromm Watson’s estate, re He had seen how The beginning of the end begins to show itself in the Tweed $6,000,000 suit, Yesterday the prosecution | closed its case and the defence opened, and, after a long opening speech by Mr, Dudley Field, commenced call- ing its witnesses, The concluding witness for the prosecution was Mr, Arthur E. Smith, one in the scem. | ingly interminable list of bookkeepors of the Broadway National Bank, He simply testified that if Woodward recdived forty per cent of the checks he could easily trace out what Tweed received; that he could figure out * fo, the Keyser bill, so that he could tell what the principal | was, and that he could then tell what the percentages , wore, as divided between the several members of the | Ring. Several warrants were shown him, and he made | @ computation showing these facts. His cross-examina- tion elicited nothing of additional importance. This occupied the Court till recess. OPENING FOR THE DEPENCE, On the reassembling of tho court Mr. Dudley Field Degan his opening for tho defence, He spoke with | Great clearness, ani at times with a degree of eloquence nd impassioned earnestness which, if not4worthy a Worthier cause, shows him at least to be a genuine chip Of the ola block. His peroration began with a descrip- tion of the now Court House in which the court was | Biting, which he described as the gold mine out of | which great fortuncs have been dug—the great bo- | Nanza from whose rich ores came the coin which sup- | ported for years one of our great political parties, and furnished means to corrupt such professional politi- | cians of the other great party as were to be bought. He then described the building of the Court House, | with a detailed account of the appropriations for the | same. be THE COURT HWOCSE PRACDS. Next he took up the initiation and progress of the Court House frauds, winding up with the Latin aphor- isin, tempora mutantur, ef nos mutamur in illis, and | the declaration that the counsel who first opposed the | frauds are, in some quarters, denounced as among the black sheep, and those who then comtended for the perpetrators are praised for being among the white ones. | From 1863 onward the Supervisors conducted the Court + + House building furnishing without let or hindrance, | | thirty four of Garvey’e, The appropriations during the next seven years were, for the building alone, $5,160,000. This Court House is on tho great highway that connects down town, the business part ot New York, with up town, the portion of residences. Almost all the men engaged in large business affairs passed it, of necessity, every day, They read the newspapers, They knew that millions upon millions were being appro- | Driated year by year toward building it. They | could see its narrow dimensions, its slow growth, and any one with the least knowledge of building must have known that its cost could not have been anything like | the sums appropriated, Yot where were our public Spirited citizens? Where were our Teformers? Who then opposed the equandering of the funds of the city ? | Did tho press denounce it? No. Tho newspapers al- | lege that itis their right and duty to denounce e ery- | thing in private or public affairs that- strikes them as deserving of condemnation. They saw nothing wrong, Did the politicians? Why, a great portion of them, of “Were Wilinienr to rapid transit, “a ort Parties, Were Supported Out OF THIS great bonanza | Did the citizens? They were too much occupied in mak- ing money. In fact, all woré parties, active or passive, to a great conspiracy, whereby the funds of this | city were used in enormous amounts in State and national politics, Those who did not aid and abet in | this practice encouraged it by their silence, and such men as Garvey, and Ingersoll, and Muller, and Con- nolly, and Watson hada right to presume ‘that there would never be any indiscrect pry‘ng into their affatra, This community was like a shopkeeper who gives his clerks free access to his till—who bas it in his power to count his money day by day—who can see, without counting, that large amounts arc abstracted, but who never complains till the pressure of hard times comes, and then suddenly denounces all his clerks as thieve and pounces on such of them as he does not like and lots his favorites escape. HOW THE FRAUDS WERE EXPOSED, In 1871 business bi to be dull, The excessive | trade caused by the war was being steadily reduced and minished; a split occurred in the democratic party, and one of the leaders got possession of the figures, had them published in the newspapers and denounced the Court House frands, Then there was a great awaken- ing, and everyvody shouted with indignation; and a great many people bave continued shouting to this day, and none go loud as those who profited by all this po litical demoralization and were not found out. Now, what was done? It seemed simple enough to bring suits against the proper persons to recover back from them the money that they had improperly taken. Mechanics had been overpaid; they had shared , their games with officials; the facts were casily substantiated; all New’ jerk was not corrupt; the Corporation Counsel was a man above repronch—he was quite willing to act. he did act—and he reta'ned to assist lim two of our most distinguished lawyers—George Tickuor Curtis and Jobn K, Porter, But this would not do. Why? Because the object of those who made themselves most prominent in the re- form movement was not to holp the city—unot to got back \ts money wrongtully taken—Dut to secure offices for themselves and to procure a political saccoss for their party. So, when it was simple and easy to com- mence ations in the name of the county and of the city they were begun in the name o! the people—and they were begun not against all who were known to have participated ip the frauds, but against a few prom- Jnent politicians whom it was important to get out of | the way. What was the result? Most of the promi- uent reformers got offices, THY SIX MILLION DOLLAR SUIT. After next traving the criminal proceeding against Tweed and bis sentence to the Petiitentiary, and dwell | jng, as he characterized it, on the “universal how! of indig: the part of the city press’ against the Court of Appeals for setting aside such verdict, he came to the presents and he asked the jury to not let the magnitude of the total claim betray thom into a neglect to serutinize each item by itsell, The suit was for $6,514,000, This sum total is what the newspapers and the public mean when they ape of “the stolen $6,000,000," when they ask ‘why Tweed does not “restore the $6,000,000," when they declare that it is an outrage for him to defend a suit brought to recover itaud a disgrace to the lawyers who are found to defend suchasuit It has been a thousand times reiterated that there is no defence. The learned counsel! who opened this case 100k occasion once, when the jury was being Gmpanclied. to state, with great impressive- ness, that there was absolutely no defence: that the defehdant’s only resource was in technicalities, in dila- tory measures, and that when the question was met face to face there was nothing for the defendant to stand upon. He said this with so much earnostness that one who did not know better might have believed it. No do- fence! Why, gentlemen, thie claim of $6,312,000, with five years’ interest, and this persotent endeavor to get a verdict for that aufount, is hardly less cislovest, less unfair, less iricky than any of the acts of Garvey’ and Ingef¥oll, which those witnesses have so unbiushingiy exposed. The provecution has tho eflrontery to claim all the money ‘that tho city paid out on these war- rauts toward bitilding and furnishing this Court House, the county buiMings, the armories, the markets, the Disir ct Court Hoose. The Court House is hore. It is an actual physical fact now vefore your very cyes, There is no claum that the work was pot cone; that materials we furnished; that the materials and workmanship were not good. All that is claimed is that there were overcharges—gross in some instances, jorate in others. Beck to get back the cluarge? No. the whole—what was property paid and whi mproperly paid. They Enow tuat a consid portion of the sum was They know that it cost a very large nd tarnish this Court House and tho Other buildings, They know they have got the Court House; that ho power can wrest it from them. Yet they seek to get irom Tweed its varué as Well as what they say was paid m exaggerated bills, j “GENBRAL CUSSKDNESS.”? ! In answor to the charges (bat all the bills wore falze, fietnious and fraudulent, he went on to say that there | js but one argument to oppose it. It was toat used to | yelled to try a horse thief m the West, They found the defendant not guilty | g, but sentenced him to be hung for “general cosseducss.”’ That is the kind of justice that | is invoked ag ° BSCAPR, | Next Mr. Field took up the subject of Tweed’s es cape, Ho asked, Why the piaintifls have proved that Tweed escaped! Has it anything to do with this cage? Should it add to cr subtract from the amount of dam. cs tbat he is called upon to pay! Not one cent, idea that be fled to avoid being called us a witness is us. The prosecution never dreamed of cail- | ing bim. They have bad bim under the harrow for five years, in all sorts of legal , civil and criminal, and never onee examined bim or even sq; pected @ desi® w do 6 No no bad « | And some unconsidered t | the evidence, in aceordarce with the solemn pledge | dismissed, as ho evidence whatever had been grvon | come before the jury in settling the alleged claim of | at Bi | about $18,000; Mr. Green and $6,000,000 from Woodward, and the same amount from Ingersoll and from Garvey, and from Keyser, and from Miller and from Tweed, the taxpayers might | really regard these frauds as blessings, and our mu- | nicipal debt would soon be paid off He gives the ex- | tent of all the frauds perpetrated by the Ring in con- nection with the new Court House as $6,312,000. He | y8 that most of them are real persons or firms, | though three or four are fictions of the ingenious In- gersoll, and he gives the figures as foilo a A Ingersoll & C.D, Bollar & r& Co Arehibald Hail, Miller... ¥. Lockwood. MeB. Davidson New York Printing Com, 290,037 27 ‘Yransoript Association... 35.037 56 facturing Stationers 59,331 96 . W. Smith Sg 18,103 32 Halsey & Co 67,161 83 | C,H Jacobu: 33 A. G, Mille Ed. Marrene J. 0. Seymour, Kennard & Way. ve «+++ $6,198,057 85 | rites of about $115,000, swelling the amount to. .......$6,312,000 00 In conclusion, he imsisted that no conspiracy had been shown betwoon Tweed and Garvey, but that the present suit was rather a conspiracy against Tweed, and he asked the jury to absolutely discard, all preconceived opinions or prejudices, and judge the case only upon Summing up....s00.0e0. each had taken on entering the jury box. MOTION TO DISMISS THK COMPLAINT, As soon as Mr. Dadley Field had finished his open- ing, Mr. David Dudley Field moved to strike out all the | evidence regarding the Printing Company accounts and | those of H. 8, Smith, Jacobus, Marrener and others, He | said the claim of the plaintiffs was for $6,198,957 85 on 150 alleged fraudulent bills, with respect to which no evidence had been given as to twenty-five of them. He said further that the claims respecting the Transcript Company and the Printing Company, amounting to $611,076, must be regarding them. Of the residue of the warrants forty of them have never been iadorsed by fhe payoe, but the indorsements were forged, and in the judgment of | the law the warrants were still outstanding and un- paid, and the city mot having lost anything on them sno claim in regard to thom, the defendant not being shown to bave had any participation in the forgery, making $2,780,440 78, which must be stricken out. ‘The remaining’ seventy-vight bills—composed, amvunting to $1,445,761 96; alse fourteen of Ingersoli’s, amounting to $869,565 89! eleven of J. S, Miller, amounting to $77 00 eight of J. 0, Seymour, ‘amounting to 2 BT; three of J. MeB, Davidson, amounting to $149,000, and one of Keyser, amountin, to $19,231, making - altogether $8,509,372 1 To the claims for these sums satisfaction bad been made by Keyser in discharge of all liabilities, leaving in dispute as the whole amount to be claimed for Tweed, $1,874,879 18, which should be reduced at least. | twenty five per cent on Ingersoll’s testimony, leaving | $1,251,209 46 as the entire amount that could ‘possibly | the city against Tweed. With thoso preparatory ¢x- | planations he askéd a dismissal of the complaimt on | the fcllowing grounds:— bir @ people have shown no cause of action against the defendant {or aby amount. ‘Second—Tweed’s act did not cause the damage, what- over it was, The payments were made by Comptroller Connolly to Garvey, Ingersoll and others, and if Tweed received a portion ef the money his liability is com- mensurate with the amount so received. teh et ya of the Hoard of Audit are judicial, as settled in the case of ome eee j 4 TRE RM Re i re: Fourth—The fact of such functions being judicial isa | bar to any civil action for damages arising from an erroneous account, Judge Westbrook denied the motion to dismiss the | complaint, and thereupon witnesses were culled for the defence, TESTIMONY YOR THE DEFENCE. for Cohen, and was captured after a short chase. It was | 0H sccount of the absence of Mr. Fitch, the counsel “Task, if Your Honor please,’ int Mr Rock- the prosecution, whose sister was dead, and he had well, ‘thas this cose be ext dot ‘a for a hearing on some | found that he had packed up $62 worth of clothing | not brought his to gourt, day to suit your convenience.” ready for carrying off. He pleaded guilty yesterday to Justice Dut think the case go On, neverthe- Perey: Woking seashly st the oppoatngcoetaches A | Dumary in the third degree, and was sent to Bate | Tt, 0 ea Ge ote ieesumof ihe bank ‘whereot rey, looking §! al col I. account vWel, T think IT bave wanleg ous with it,” said | Prison for three years. you bave know: Mr. Rockwell, very quietly. After a further wrangle, which lasted for some time. | Judge Brady undertook ‘to get the counsel to agreé upon some time for hearing the motion, but Mr. Percy insisted that the motion should be heard at ol Judge Brady, notwithstanding his great endow: ment of patience, fivally got wearied of Mr. Perc: persistency, and toid counsel to settle the matter be- tween themselves as to the time to argue the motion. DECISIONS. SUPREME COURT— CHAMBE! By Judge Lawrence. Pries vs. Cohen.—I denied the motion previously | made for a receiver after a full hearing and after care- | fotly examining the affiday H | is so doubtful and the appointment of a receiver might is submitted, As the caso work great injury to the defendant I feel constrained to deny this motion also. The motion may be rep- dered On other and further papers. ‘Appiavius vs. Waber.—The case made by the plain- tifl’s complaint and aflidavite is entirely met and over- thrown by the answer and affidavits 01 defendants, and on familiar principles tle injunction must be denied with costs of motion, Huebner vs. Rooseveit.—The affidavit seems to me to be sufficient, All that the statute requires is that the applicant should state im his affidavit that he is a party to a suit actually pending ina court of record, and that the testimony of any witness without this State ts material and necessary to the prosecution or defence of said suit, The affidavit here contains the title of the suit which is in this Court, and states that the afhant plaintiff, that the action is at issue and that the testimony, &c., is material, The case in the 6th How., 399, has not been followed in this Coart. SUPREME COURT-—CIRCUIT—PART 2, By Judge Van Vorst, Hatten vs, Hatten.—Memorandum, SUPREME COURT—cIRCUIT—-PART 3, By Judge Larremore. Humo vs. The Mayor, &c.—Five per cent allowance granted. SUPERIOR COURT—SPECIAL TERM, By Judge Sedgwick. Spofford et al. vs. Texas Land Company.—Plaintifis’ attorney will sngrons the proceedings, &c., for signing. Rodman et costs to abide event. ink vs, Chemical National Bank ; Encas vs. Hoope; Russ vs. Hauselt.—Motions granted. Archer vs. Oceanic Steam Navigation Company (lim- itedl).—Motion granted, with $10 costs to abide event. Memorandum. Claflin ct al. ve. Meyer.—Motion denied, without costs, Memorandum, Birnly vs. Palmer et al—Motion granted, with $10 costs. “Memorandum, Leonard vs. Wilde.—Motion denied; $10 costs to abide event, Cooper et al. vs, Platt.—Motion granted, to be en- tered upon notice, Constant'ne vs. Rapp.—Demurrer overruled. Schuck vs. Fergusén et al.—The plaintiff is entitled to costs; the defendant, Ferguson, to a single biil of costs, As to the latter tho costs should be offset and exclusively inserted in judgment. Tyng vs Marsh et al.—Motion denied, with $10 costs. Memorandum. Haven ys. Daly ct al.; Kirk vs. Mercantile Mutual Insurance Company; Cary vs. Bates; Young va. Far- Jey et al. ; Morris ve. Smith; Rodgers e1 Kamak; Mount et al, vs. Jonas et al.—Motions ieraeees By Chief Justice Monell, Whitney Arms Company ys. Barlow, &¢.—Case and amondmonts settled, Wehle ys. Conner, &c.—Proposed amendments dis- allowed; ease settled. Seaman vs. McReynolds, &c.—Verdict to be reduced to costs in Court of Appeals and interest. Opinion, Gent'l vs, Brennan, &c—Motion for new trial de- nied. Opinion. 4 aes vs. Hazard et al.—Judgment settled and en- ered, COMMON PLEAS—SPECIAL TERM. By Judge Robinson. Stevens vs, Breunan.—Motion to serve supplemental complaint granted, SUMMARY OF LAW CASES. Judge Brady presided yesterday in Supreme Court, Chambers, taking the place of Judge Lawrence, who was unaple to hold court on account of illness, in the Superior Court, Special Term, yesterday, held by Judge Sedgwick, there was a further examination of witnesses in the Ciews-Henniquen gui, No new facts of mterest were developed. Before Judge Larremore, holding Supreme Court, Circuit, Part 3, a verdict was rendered yesterday for the defendants in the suit of Funch, Edye & Co. against Brink & Co., the particulars ef which have al- ready been published. ue agmast Charles H. Morris and others, Judge Brady yesterday ordered the bonde of the Teledo, Southern and Detroit Railroad Company, togother with the coupons deposited with the United States Trust Company, to be delivered to Mr, Cable, Motions were made yesterday, before Judge Brady, for the confirmation of the reports of the Commission- The first witness called for the defence was G. H. Halsey. He testiGed that he supplied the city with | coal and wood; he never authorized Ingersoll to receipt Dille in his name; he furnished the city some $20,000 worth of coal and wood, and sent the receipts by his cartman, which were returned properly signed, and which ho attached to his bi'ls. \ Mr, Jackson 8. Schultz, of the Committee of Seventy, | testified that he received two assignments from Key- | ser in 1871, on which he realized $65,005 55; amoug the claims ‘assigned were some against tho ‘city for sppoinved an expert to ex- amiue the books, who broke down under the operation and had to go to Europe; before the assignment was made Mr. Keyser wanted to see one of the committee apd was anxious to make restitution for any wrong What ho might seem to have committed, and wanted witness to be a sort of midwife in the case, and witness promised to do his best to save him {rom any liability, | civil or crimmai, on his making these assignments; ho | had a claim of about $260,000 against the city ‘and claims t officials, and he assigned them as security ; witness communicated what he had done to the Com- mittee of Seventy; Mr. Green declined to tako any part in the matter;’ witness paid back Keyser tho bal- ance and took a mortgage from him as security against any liability; no suit has been brought against Keyser, Crogs-examined by Mr. Carter—He held no official po- sition, and had no influence except asa private citizen, | to bring about a settlement; Attorney General Barlow knew all about the arrangement with Keyser, and drew the papers. Willard D, Bartlett testified that, as attorney for Tweed, he had charge of the suits against defendant by the people, the Supervisors and the Mayor, &c., 11 1871; Mr.'O’Gorman, Corporation Counsel, obtained several extensions of time to tarnish the complaint, and then the suit dropped; an answer has been put in to the Supervisors’ suit, and the ease was noticed for trial, and, as far as witness knows, js still on the caien- dar; in the people's suit Mr, Tweed was held to bail in $1,000,000; that suit was discontinued; Mr. Tweed was | held to bail in a new suit in $3,000,000, The Court then adjourned. A PERSISTENT LAWYER. Ascene of a decidediy anusual character occurred yesterday in Supreme Court, Chambers, Judge Brady being on the bench. The crowd of spectators filling the court room at the time looked on in utter amaze- mont, It appears that in the suit of Horton vs Bliss, | an action which was brought in the county of Albany, one John Percy signed himself as attorney for the plaintiff, and the proceedings throughout were carried on in bis name as one of the attorneys for the plain- iM A judgment was recovered in the county of Ab | bany and a transcript thereof filed in the county of New York. An execution was accordingly issued on the judgment, and on the same date an order to examine the defendant in supplementary proceedings was issued and made returnable on the 14tn of Feb- | ruary. The papers were filed on the night before, but too late for the defendant to get to court, whereupon bis detault was taken for non-appearance, and an order to show cause Issued why he should not be punished for contempt of court in not obey- ing the original order. On the return of this writ the defendant appeared and objected to this examination, on the ground, among others, that Joha Percy was bot an attofaey and counsellor of the Supremo Court, but that be had been debarred by au order of tho General Term of the county of Albany, and that upon a review of the case in the Court of Appeals this decision was affirmed. Upon these alle, i tions Judge Lawrence directed defendant's attorney to file proofs of the facts alleged ond adjourned the caso _ until the 23d of February, at which time another adjourn- ment was had, with directions to counsel to serve copies of the proofs ou Perey, which was, accordingly, | done. In the meantime Judge Westbrook had stayed all proceedings pending this motion to set aside the Judgment, and, pursuant to adjournment, the matter | ‘came up Yesterday before Judge Brady, | | “Task Your Honor that this case be adjourned,” said Mr. Fenton Rockwell, counsel for the defendant, He then went on to state his reasons for the motios, the main one being that it could be more properly heard on the motion to vacate the stay of proceedings, | Which Wag alruly eet down for a bearing on the Sth | inst, before Judge Westbrook, in Kingston. “Judge Westbrook, Your Honor,” interrapted Mr, | Percy, ‘had no business to grant 9 stay of proceedings, | and f want Your Houor to vacate that iy At once.” | | “1 can’t do that,” Judge Brady remarked very | quietly ; ‘Judge Westbrook is in the building and you can apply to him to vacate the ig? i! you want to,” I don’t care whether he is fn the building or not.” | retorted Mr. Percy; “Judge Westbrook had no right to grant this stay, and I want you to vacate it at once; it is your duty to do ¢0, } “1" don't propose to do anything of the kind,” ro- | lied Judge Brady. “You must look to Judge West- brook and not to mo.” “You don’t understand this matter,” insisted Mr, Pet ‘ 0 Brady. boy know anything about it.” | ‘TP ehipk 1 do,” “Xo you don't | ers of Estimate and Assessment in the matter of open- ing Eighty-ninth street to the new drive, and from Twelfth avenue to the Hudson River; 140th strect, from Eighth avenue to Harlem River, and 150th street, from Eighth avenue to Harlem River. The argument in the last case was set down for the 29th ist, and in the first two cases for the 30th inst. In the suit of Devoo vs. Boyd, involving the right of possession of $130,000 worth of property in Harlem, Judge Van Vorét, holding Special Term of the Supre Court, before whom tho case is being tried, allow: yesterday several experts in handwriting to be exam- incd, He, however, confined the questions to whether or no they had ever seen the plaintiff write his name before coming mto court; whether the signatures mitted to be genuine were all made by the same person, or whether any were imitations of others, ‘All of yesterday was Occupied in the Oyer and Ter- miner, before Judge Barrett, in the cross examination of Austin Black, on trial on a charge of suvornation of vs, Barretto,—Motion denied; $10 i | | i perjury. He stood the severe catechizing of District | . ' Attorney Phelps most admir: The whole gist, after all, of his story is, that bis accusers were State Prison birds, and as soon as they began to come down ‘on him for money he inquired into their character and on ascertaining that they were 4 pair of unscrupulous scoundrels he refused to give money or have anythin; more to do with them. An effort will be made to finis! the trial “ogg In 1874 Mrs, Isabella Legrain leased No, 20 West Thirty? second street to Mrz. Julia Oatley, and subsequently sol No, 22 to Johan Fettretch, The latter commenced building a new house on the rear of 20, and had reached as far as the fourth story, when Mrs. Oaticy took out an injanctiongand Judge Loew decided that Fettritch had no right w put upthe new house. The case 1s now before Judge J. F. Daly on a suit for $15,000 damages by Mrs Oatley against Mr. Fettretch, Messrs, ‘Hall and Blandy appeared for the plainti!’ and Mr, Joseph Fettrevch for the defeadant, In the suit brought by Joshua Denby against the Laborers’ Union Benevolent Society, the particulars of which have already been published, a verdict was rendered yesterday for $4,500 in {aver of the plaintiff. Judge Van Brant, in his charge, very c’early outlined the law regarding libel. Mr. Christopher Fine appeared for the plaintiff and Colouel George W. Wingate for the defendant. A stay ef thirty 8 Was granted to allow ‘an appeal to be taken, Betore Judge Van Brunt, in the Court of Common Pleas, the suit of John McGuire against Ephriom H. Jenny, on two promissory notes, was yesterday called | for trial, One of the counsel interrupted his opponent in a style the Judge deemed rather uuceremonious, and the result was a reprimand which is not likely to be soon forgotton, It turned out that the complaint was improperly drawn, and in order to allow the pleadings | to be amended 4 juror was withdrawn, COURT OF GENERAL SESSIONS. Before Recorder Hacketh A JEALOUS BON OF AFRICA. On the night of the 16th of January last Ambrose Rudimenti, a colored waiter, forty-eight years old, em- ployed in the Spanish hotel No. 21 East Fourth street, called at 219 Wooster street upon a coffee-colored dam- | sel with whom he had been spending all bis ieisure time for two years. Hg found his flame conversing with a West Indian named Philip Romaro, and, soon after Radimenti’s entrance, she informed him that she would keep his company no longer, as she was ut to marry Romaro, Ina paroxysm of rage the jealous negro rushed upon bis whilom mistress, threw back her head and attempted to cut ber throat with a clasp knife, He succeeded in making several serious wounds upon the girl and upon her companion, who interfered to save her, The wounded pair rushed into the sireet, and, finding an oflicer, procored the arrest of the un- fortunate darkey. He was tried bofore the Recorder yesterday and admitted the cutting, but said it wae done in self-defence, as the pair had attempted to knock him down with their chairs. The jury did not believe his story, and, being found guilty, he was sen- tenced to five years in State Prison. FLOATING THROUGH WATER STREET. Michael McLaughlin, of No. 221 Mott street, was ar- raigned on a chargo of robbery in the first degree. The | | comp'ainant wes John Nally, a seaman, who hails from | Portland, Me, H ated that while he was walking February 22 he was stopped by McLaughlin, who seized him by the beard, pointed a pistol at his bead, and crying ott—"Now, Jack, Ter's 8 what fou have got about you,” and robbed him of $7. The accused Drought several witnesses to prove his good character for honesty, He ewore that he had nothing to do with robbing the sailor, The policeman who made the ar- rest testified tbat Nally te said he could not tity the man who tobbed hif, but alterward pointed out McLaughlin. Assistant District Attorney Bell with- drew the prosecation, declaring there Was po ovidence to convict the prisoner, and the latter wag discharged. VARIOUS PLEAS AND SENTENCES. Edward Mahen, of No, 27 East Houston street, was seen, on the nizht of February 24, coming up through I know something,” said the Jndza, “Al | tho cellar grating of the vremisea No 6 Chatham | through Water street at two o'cjock on the morning of | | | cl Charles F, Rubel, a youth of nineteen, who lived at No, 61 Norfolk street, was found concealed in the liquor saloon of Jacob Dudenhoter, No. 26 Delancey street, on February 26, baving in his pistol betong- ing to the proprietor of t! @ quantity of He admitted his guilt and was sent to the Peni- teptiary for six months. William Dugan, a shoemaker, eighteen years old, was sent to State Prison for two years upon his admission that he stole a pocketbook containing $1 50 from Stanley P. Parsons, of Englewood, N, J., on the 17th of Jast month, John RK. Wilson, of No. 56 Elizabeth street, who stole coat from J: B, Keily, of No. 406 Broome street, on New Year’s , Was sent to the same institution for eighteen months, Peter Drake, of No, 427 Greene street, was sent to State Prison for three years for stealing a pocketbook containing $3 20 from Vark Cobin, of No. 9 Grand street, on February 26, FIFTY-SEVENTH STREET COURT. Before Judge Murray. ‘ A RELIGIOUS QUARREL. Op Tuesday night Thomas Carr, of No. 232 East | Twenty-eighth street, and James Walsh, of No. 37 Elizabeth street, attended the Moody and Sankey re- vival at the Hippodrome. When tho meeting had ad- journed they went toa neighboring liquor store and | discussed over several hot whiskeys the religious views of Mr. Moody and his manner of converting sinners. Being of different persuasions and over excited by their heary potations the discussion soon led to blows, and when & policoman appeared on the scene they were en- aged inarough and tumble fight on the sidewalk. ‘hey Were sent to prison for ten days. WHAT A WOMAN HAD IN HER BREAST. Rose Curley, or No. 8 Prince street, was found in a fit in Third avenue on Tuesday night, and was conveyed to the Twenty-first precinct station house by Officer Smith. On being searched a Spanish stiletto was found in her bosom. At this court she explained that she had taken it from her brother, fearing that he might make some bad of tt, and her intevtion had been to di stroy it. @ Was not intoxicated, the officer said. hor appearance being that of respectable young woman, 81 Court retained the weapon GOING FOR A HOTEL, John Reilly, James Nolan and Thomas McGuire, all under the age of twenty years, were found yesterday in tho vacant house No, 149 East Eighteenth streets was discharged. The owned by Rutherford Stuyvesant, but at presen} noc-, | cupied, They were arrested by Officer Breen, of the Eighteenth precinct, on a charge of attemp:ed bur- ha supposition being that they intended to rob the hovel next door, which is also unoccupied except ps care-taker, They were remanded for examina- ion, THE PERCENTAGE BUSINESS. Inspector Thorne called at the Court yesterday and made inquiry into the report published in yesterday’s HsraLp concerning the irregular practices alleged againet tho police squad of this Court. In justice to Sergeant Hicks it must bo stated that since he has been attached to this Court he has done all in his power to make his subordinates keep clear records, and it was thought that he had succeeded until this affair came to light. The percentage business had, however, been im operation before he came to the Court, and itwas more than could be expected that he should be able to cope with it successfully in go short a time. The 1 speetor has placed the matter before the Police Com- missioners, and he says that he will resign or breax up this business, It is a great evil, because it 1s not the lawyers who suffer, but their clients, who have to pay double fees so as to enable the Jawyers to meet the de- mands of corrapt policemen. The whole of the squad is not corrupt, however, for there are some honorable exceptions. WASHINGTON PLACE POLICE COURT. Before Judge Kilbreth. A BURGIGR ARRESTED. As Officer Thomas McCurmick, of the Twentieth pre- cinet, was on duty at Ninth avenue and Thirty-fourth street, at four o’clock on Tuesday afternoon, he saw two men coming ‘up Thirty-fourth street from Eighth avenue, having on their backs two heavy bags of goods, On sceing the officer the two men suddenly stopped and turned back, and this aroused McCormick's suspicions. He therefore jumped on a car, and, lying { down on the seat, watched his men to Eighth avenue. At this point a crowd of people hid the men from his sight a Thci run” across the avenue, while the other ran down Eighth avenue. The officer pursued the latter and came upto him after a few blocks of ex- citiag chase Im the meantime the other man got away. McCormick took his man to the station house, and on looking into the bag found that it contained a Jarge amount of gas fixtares. It was subsequently ascertained that a burglary had been committed by breaking Gecr the basement door of the unoccupied house No. 361 West Thirty-fourth street and all the chandeliers and gas fixtures, brackets, &c., valued at 250, hi been stolen. In Court yesterday Mr. C. Stacy Clark, of No. 70 Fifth avenue, of the firm of Ogden & Clark, agents tor the house, made a complaint against (he prisoner, who gave bis name as James Cas sidy, alias James Burns, of No. 420 West Forty-second | street. Mr, Clark stated that the property was in bis | pleaded guilty to the charge and was held in $1,500 to | care, but belonged to Benjimin Toniert. Cassidy aggwer. THE WAVERLY SOCIAL CLUB. In the basement of No, 89 Amity strect is the club room of the Waverly Social Club, an organization of young men, the majority of whom make their liveli- hood at the old Jefferson Market in carrying baskets of | meat. On Saturday night, on returning from a hop, the club room was “raided”! upon by a squad of officers of the Fifteenth precinct, and the twenty-five persons then in the room were arrested on a charge of disor- derly conduct On being arraigned before Judgo Mor- gan on Sunday they were all discharged, the officer who caused the arrest not being able to specify his complaint, On Tuesday night the same officer—Healy, of the Fif- teenth precinct—on passing the door, heard some noise from within and immediately weut to the station , hoase and obtained the assistance of a section of men. | The police, om returuing | of East Tent to the club room, burst open the door and arrested nine persons. ‘They were brought before Judge Kilbreth yesterday and dis- charged, the evidence of disorderly conduct being in- sufficient to boldthem. The affidavit of OMicer Healy stated that the prisoners were fighting and using pro- fane language, aud on entering he found the furniture ‘upset and the room ina disordered stato, The evidence of the prisoners was that they were quietly playing cards and drinking lager beer, preferring to be in the club room to banging around barrooms. COX VS. ABRAHAMS, About two months ago Mr. Elias Abrahams, who gives his address as ‘No, 2}; West Grand street,” was | arrested on a warrant issued by Judge Kilbreth, on complaint of Mrs. Josephine M. Cox, of No, 66 West Washington place. Mrs. Cox charged Abrabams with libel, in sending letters to her friends and herself, on ong and calling her a woman of ill-repute. The case has previously been fully reported in the Herat, and the Jong examination was ended Fish $390 > Juage Kitbreth requiring Abrahams to furni trial at Special Sessions on a charge of libel. ALLEGED LARCENY. Mra, Annie Polhemus, of Fifty-third street and Sixth avenue, was held in $1,000 to answer for stealing a silk skirt, overskirt, basque and pair of pantaioons, in all being valued at $47, irom Mrs, Eliza Willis, of No. 368 West Thirty fifth street. Mrs. Polhemus, previous to her marriage, boarded with a Mrs. Atkinson, and in Augost last married a young man named Polhemus, who was aclerk in Tiffany's store. Previous to the on iy they had been living together an and wifo, The alieged larceny occurred about time o' the marriage, and according to Mrs. Willis’ affidavit no one elsc Was in the room but the prisoner, After a long examination, during which Mra. Polhemus stren- uously denied her guilt, Judge Kilbreth decided to hold the prisoner for trial. ESSEX MARKET POLICE COURT. Before Judge Kasmire, THE AGED SWINDLER. August Zand, alias Dr. Susse, alias August Swoe, was arraigned yesterday on complaint of Dora Graff, of No. 80 Rose sireet, whom he swindled out of $200 under pretence of marrying her. When arraigned to plead to the charge the aged swindler added another to his long list of names, giving bis namo this time as Otto Smith, street. He was held in $3,000 bail to an- swer the charge, Miss Graff was also held in $500 bail to appear as a witness against him, THE LOTTERY LAW. Dotective O'Connor, of the Eleventh precinet, ar- | rested John Schnitzer for keeping a lottery office at No, Savenuc D. The prisoner was held in $1,000 bail to answer. On Tuesday Detective O'Connor entered the same place for the purpose of making an arrest, but being recognized, he was locked in and roughly handied. He succeeded, however, in effecting his es- cape, and yesterday arrested the proprictor, Schnitzer, ‘with the above result, THE THIRD AVENUE BANK. ‘The case of William A. Darling, the Appraiser of the Port, and Spencer K. Green, charged with perjury in swearing that the assots of the Third Avenue Savings Bank wore greatly in excees of its abilities, came up for examination before Justice Dufty at the Tombs Po- lice Court yesterday afternoon. The defendants, ac- companied by their counsel, ex Judge Dittenhoofer, A, ‘Wakeman and Robert E. Sewell, were present At three [oe Justice Daffy informed counsel that he was the bank accountant rose nnd said 3s Lt moro than ordinarily | so he jumped off the.eat-2ndsam-gne|. bail for | judge Dittenhoefer—Your Honor, we object to the admission of any statement of the contents of the books-un! produced. 1t would not be com- petent ip th are ei Justice Dut xy 1am opposed to any further adjournment of these proceedings. 1 am desirous, both in the interests of the pubiio and the parties directly concerned in this pa finish up this busimess as heey 4 48 possible. On consideration I must admit that the counsel's ‘objection sound, as it is an ele- | meni foley il im law in such cases as this that when the books are demanded they must be produced, After some further desultory discussion between Justice Dufly and the counsel the caso was set down i Sent: for examination at half-past twelve P. M. riday next at the Tombs. POLICE COURT NOTES, At the Tombs Police Coart yesterday, before Judge Bixby, Henry Edwards aud Henry Allen were held in $2,500 bail to answer; the formerfor selling tickets of the Wyoming lottery (promising fabulous inducements to purchasers), and the latter for being the proprietor of the place, No. 79 Nassau street, w! tbe tickets were sold. Detectives Musgrave and Kinnelly, of the Fourth preeinct, yesterday arrested William Woods, said to be a dock thief, and suspected to have been onc of the gang of river pirates that boarded and robbed the ves- sels lying in Communipaw Bay, N. J., last Saturday morning. The prigoner was taken before Judge Bixby at the Tombs and remanded antil to-day, The officers had no evidence against him, but thought ther could have him identified as one of the desperate gang of pi- Tates bow in custody. COURT CALENDARS—THIS DAY. Surrems Covat—Cuanuers—Held by Judge Law- rence.—Nos. 56, 82, 88, 00, 4, 95, 96, 127, 134, 136, | 142, 156,0167, 163, 205,’ 210, 211, 285, '260,' 251, 257, 202, 325, 827, 330, 336, | ence CovrT—Gaxurar Tens. —Adjourned for the rm. Scrreme CourtSprrcia. Teru—Held by Juage Van Vorst.—No. 268. Scerrgme Cocvrt—Cincvir—Part 1—Adjourned for | the term, Part 2—January Term continued—Held in | General Term room by Judge Westbrook.—Case on— 5 a 225, 452), 1 382, 1042, 11 876,’ 1084, 1136, 2531, tga 1218, 1056, Ta 1230, 872, 1804, 2836, 1548, 10583, It 106243, 2262, 1020, 1240, 1344, 2070, ‘oos, 1 318, 1268, | $44, 1200, 1350, 1358, 132, 1364, 1368, 1370, 1872, | 1374, 1376, 1878, 1880, 1382, 1384, 1386, 1388, 1390, Part 3, —Adjourned. for the 1394, 1396, 1398, 1400, term. Common Pu ‘TRIAL Tkeu—Part 1—Held by Jui | Joseph F. Daly —Nos, 1690, 1689. Part 2—Held by | Judge Van Brant —Nos, 1294, 1454, 1519, 1478, 1302, | 2178, 2174, 14! 1463, 219, 147], 1445, 1441, 2284," 1676, | 1684, 1646, 1 pt Part 3—Held by vanes Van Hoesen, —Nos, 1797, Eh gx 1785, 1798, 2124. Comumos Piwas—EQuiry 7: Adjourned for the term, eet Courr—Generat TeRa.—Adjourned for the rm, Screrion Cournt—TriaL Tram—Parts land 2—Ad- journed for the term. Sureniok Covet—SrrciaL Tenu—Held by Judge Sedgwick.—No day calendar. Marixe Court—TriaL Term—varts 1, 2 and 3,—Ad- journed for the term ie nos, Court—Gengra Texm—Held by Judges Shea, | Alker and McAdam.—Non-enumerated ‘motions—Cel- Jer and another vs, Merchants’ District Transportation Company; Prico vs. Bush ; Danziger vs. Foerster et al. + Dan: r v8. Foorster et al. ; Bank of the Metropolis vs. { Worthington, Enumerated—2, 3, 4, 6 10, 15, 16, 17, 21, Covrr oF GENERAL Skssioxs—Hold by Recorder | Hackett.—The People vs. Kterns Finnerty, rape; Samo ys. Henry Richards, misdemeanor. Court or Over axp Tersingr—Held by Judge Bar- rett.—The People vs. Black and John Dusenbury, sub- ofhation of perjury, Continued. A COSTLY KISS. A suit has been commenced in a Brooklyn court against Peter Mallon, a florist, doing business at No, 469 Fulton street, by Miss Mary E. Smith, a young and preposessing Indy, residing on Bedford av@ue, to re- cover damages in the sum of $5,000 for a kiss which the plaintiff alleges he gave her. On last Wednesday | the fair claimant for damages purchased a bouquet of » flowers in the store of the defendant. He undertook ; to pip the flowers on her dress, and then kis-ed her, Complaint was made by the friends of the lady in the | assault, and ordered him to give bonds in the sum of | $200 tor nis good behavior for Whe space of six months. | be aE is copsidered too trivial, and nence the | civil Bui A meeting of Commissioners of Public Parks was hold yesterday morning, “but as @ full board was not’ present the meeting was adjourned until Friday after- | noon at half-past three, The Board is at present much | embarrassed by the action of the Board of Apportion- | ment last year jn reducing the appropriation to it { Many important improvements have to be entirely ubandoned. For instance, the Superintendent yester- day reported that the roadway through Washington square required immediate repaving. He estimated the cost at $25,000 if Belgian blocks were used for the | pavement, or $12,000 for macadamizing the roadway. } The weak financial condition of their tains prevents the Commissioners from doing anything toward this important work. Last year, the Commissioners declare, the appropri- ation was not sufficient, and this year the appropriation | is only one half what it was then. | The property owners on Marion avenue have re- at their own expense. They have adopted thts course, | thinkingit cheaper than to pay ap assessment. | Comptroticr Green has objected to paying certain employés of the Board. The trouble arises from a mis- take of the Comptrolier. Last year, for the convenience of the office work, there were two payrolls, one for | the laborers and another for the officers. The latter | payroll included all the messenger boys and clerks, | This year they havea separate payroll. The Board ) yesterday ordered a statement of the facts to be pre- sented to the Comptroller, with a request that he pay the clerks as soon as possible. MUNICIPAL NOTES. A meeting of the Sinking Fund Commissioners was | held yesterday afternoon in the Mayor's Office. Comp- | Alderman Jobn Reilly were present. Mr. William H. Pendleton, President of the New York and Staten | Island Ferry Company, sent in a communication ask- ing for the franchise to run the new ferry from foot of | Whitehall street to Staten Island at a compensation to | the city of ten per cent on gross receipts, Comptrolier j Green presented a resolution calling upon the Dock Commissioners to furnish a statement as to contracts in their department now on progress, and also as to the | feasibility of reducing the clerical force. Both matters were laid over uatil the next meeting of the Board. | Mayor Wickham stil! remains sick and has not been | at the City Hall since Monday last, Judgments for salarics amounting to $6,300 against the city were yesterday filed in the County Clerk’s Office on behalf of thirty-one judgment creditors, City Chamberlain Tappen has received trom the banks as inierest on | Febraars, $2 | Officials arouna the Kd Hall still continue on the | “ragged edge’? as to the bill now pending before the Legislature for reduction of their salaries. The Alder- men express a considerable indignation on the ubject. They assert that $2,000 per annum would scarcely pay cigar bilis, and that the expenses of elec- tion in some instan far beyond that amount. It igalso now Loh limit expenditures in the Clerk’s office of the Common Council toa much lower figure than the present estimate, $20,000. In former years when the Ring was in powos $100,000 a ycar went f , toward the support of this branch of the city govern- meat. A communication has been addressed to the Com- missioner of Public Works by Mr. John ©. Kelley, Pres- ident of the National Water Company, suggesting the gale of water to consumors at one and a half cents per | 100 gallons. He offers to supply all the meters that | will be required to measure it, and make no demand tor payment unless the increased revenue warrants the expense. Under this arrangement it 1 claimed that all wastes of water will be stopped, thus avoiding the present necessity of anew conduit for an additional supply and the consequent expenditure of $10,000,000, ‘The Board of Aldermen will hold a regular niecting this afternoon. UNPARALLELED HEARTLESSNESS, Captain McElwain, of the Seventh precinet, reported to Superintendent Walling yesterday a case of shocking inhumanity that came to his notice on Tuesday night, A servant named Mary Mitchell, whose husband, she says, 1s in Ireiand, and who was employed in the family “of a Mr. Gottenberg, at No. 171 Henry street, was taken | ‘with labor pains on Tuesday evening. She requested her employer to send for a physician, but he heartlessly refused, saying that he would not have her sick in nis Bouse, and that she must go away immediately, The suf- pr | woman begged for consideration, but called a policeman and demanded that he should re move the woman to the station house or anywhere else J ptecm and The officer refused to remove the bal and immediately notified Captain McElwain of the The latter visitea the house and tried to induce Gotten- ‘burg to rend for a physician, but he doggedly Captain then sent fc lice surgeon, and Dr, | Powell promptly responded, “te admynistered to the ‘woman's wants, but Gottenburg would not it his family to furnish water or stimulants, and The ofticer was Foe ged to got them mee the ‘ann Ou, in which the poor woman was pal for raore hada bed scanty cover ‘Kner the child was born the Captain had the suffer- | case before Justice Ricly, who found Mallon guilty of | ~ “DEPARTMENT QF--RARKS. .--~ 4 ceived permission to Jay the fiagging on that avenue | | troller Green, Alderman Lewis, Recorder Hackett and | AS eral of city moneys for the month of | WHAT THEY ARE DOING IN COMPETITION. Yesterday Wall street was full of rumors in regard to the lowering of the tariff between various points im competition between the Western Union and Atlantic. and Pacific telegraph lines. A Hxnatv roporter waited on President William Orton, of the former company, who informed him that the question of rates bad not yet been definitely settled. Mr. Orton was busy in the committee room of the company, attending a regular. meeting of the Board, but found timo to express him- self about as follows:—“I hear more in the newspapers about the cutting down of rates than I know myself. All I will say is that we are indulging im a masterly ig activity, There is not room for two lines, When wo know what the plans of our rivals are we shall decide, what todo, We have nothing to say to-day about our dividend; we have met for consultation. We shall over routine business to-day, and probabl, on until next Monday, when all our reports wilt be in and our future covrse decided.”? Since the meeting ad- jouraned ii was understood the following reductions in Tates have been made:—From New York to Troy, from forty to thirty cents; from New York to Geneva; Phelps, Shortsville, Clifton Springs, Newark and Bat tavia, from seventy-five to fifty cents, i THE ATLANVIC AND PACIFIC LINE, « 2? Yesterday the messenger boys of this lino were uni- formed in new suits of gray, which were most becom- ing. The President of the company, General Eckert, | was sought im his office, but in vain, in order to useor= tain what changes in the tariff, if any, had been mado | yesteraay, but in the absence of that official no an- thentic information could be gained further than that the reductions ofthe Western Union would be followed by their company. A war is belong waged by Mr. Jay Gould against Western Union, without doubt, but the exact tactics of the generals on cither side it is difficult to discover, THE DIRECT CABLE COMPANY. Mr, Warde, the residont manager of tho Direct Cabla. Company, was visited at his office, in Brosa street. He said that Mr, Oliphant, the superintendent of the com- Y, Was at present absent in London, but was aippy to state his belief that all efforts to consdélidate the line with that of the Anglo-Amercan—in the in- terests of certam English and American speculators— had tailed. This was as much amatter of congratula~ tion to Now Yorkers as to the foreigners, in the ipter- ests of cheap telegraphy. With regard.to the Faraday and her success in splicing the cable,- Mr. Waril¢’ tol the writer that a ‘h had been received ‘rém Tor- bday, dated noon, announcing the complete success of the splicing of the cable; in fact, about one o'clock messages were being received for transmission. THE WALKILL BANK DEFALCATION. Comptrotler of the Currency Knox having filed a claim of $200,000 against the estate of William M, Graham, the former President of the Walkill National Bank, who is now serving a ton years’ sentence in tha Albany Penitentiary, and Charles H. Horton, the ‘for- mer cashier, who ran away to South America, where he is now supposed to be, and the assignees having dis- puted the claim, thegtrial of the case ig now in the course of progress before Register John W. Little, of No. 4 Warren street. The government is represented: by Judge Gedney, of Goshen, and the assignees by Mr. Becker, of Middletown. Tho ovidence elicited is of a very interesting character, the most important points of which are here given. The er eomest attempted to show a conspiracy be- tween Graham and Horton, for the purpose qf charging both estates the full deficiency in the bank, and has proven that they were joimtly con- nected in stock operations. Witnesses were heard from the Park and First. National banks, of this city, where the Walkill bank kept accounts, It was shown that Graham and Horton were im the habit of og the notes of custome! gm them to Messrs. P. W. Gallaudet, of Wall street, 5 aa amounts on them, once obtaining as much as $40,000, On the day that the bank announced its failure: Mr. Leander Crawford, the President of the finance committee of the bank, presented a check for $50 for paym when he was told there was not so much money if the bank; he then reduced the amount to $30, and'was obliged to accept $21 of the sum in mutilated currency. On the same day Mr. B. W. Shaw, one of the directors, went to the badk to deposit $700, | pumerous discrepancies appeared on the boeks, but such | implicit faith had he in the President and Cashier that he insisted on his Sapoelt being accepted, and was con- siderably angered when emphaticall relused. Co ff ‘o nking jon the dofaulters’ favorite modes of make out a draft for, say, $5, on | house and fix the amouut on | about $10 as being made out to some | and, singularly eS Sel they contamued this three or four years before they were POLICE CAPTAINS ON THE } the Eighth oner Smith, acharge of failing wherein tho games of being con- Captain Charles H. Me: sipct, was placed on trial at the CehtharUilee, yes! to close a negro gambling “ped and black”? and *‘ + ducted, at No. 152 Thompson street, Special Officer McNamara, of the Central Office, tes- tified that by order of ex-Commissioner Disbecker he watched the premises from the 17th to the 26th day of November last. On the 25th he discovered that gam- | bling was going on there, and the following night he | made a descent upon the place, arresting several | players and capturing the oer implements. |” In bis defence Captain McDonnell swore that he had | personally visited the placo several times in November | last, suspecting that gambling was going on, but never | saw anything to warrant him in BS ee 3 the place. | Detective Murphy, of the Eighth precinct, swore to | having made repeated yisils to the place, but at no | time saw gambling belug carried on. A large number | of officers and two sergeants of the Eighth precinct testified to having received special instractions from the Captain to wateh the place. The defendant explained the natare of the games of “policy sweat”? and “red and black,’’ showing that | the tools for playing the samo could be carried about | in the pocket anda game opened and closed without | delay or difficulty in barrooms or elsewhere. The place had been raided on a few months previous to the | November descent by Captain McDonnell, after which | ume be had given it the closest watchin, . The caso was referred to the full Boar The trial of Captain Hedden, of the Thirty-third pre- | cinct, on the Ryan charge, was continued; but after | the taking of some unimportant testimony was again adjourned unul next Wednesday morning. WHAT HE FAS'NED ON. John Fassen, a youth of seventeen years, was ar- rested yesterday by Sergeant Lefferts, of the Sanitary | Squad, on a charge of having stolen a package of | money containing $400 from the uptown branch office of the Heratp. The robbery was committed about two years ago, the prisoner being at that time a news- boy. Mr. Tooker, a clerk, opened tho safe to place | money in it, and while his back was turned the boy went bebind the countor, seized the package of mone} ‘and immediately ran out of the office, Althou prompely, fle pn he sneceeded in m:xing with the crowd on Broadway and got away, Detectives were jaced on his track, but until yesterday he could not | Bevfouud,. ‘The prisoner was brought betore Superin- | tendent Walling at the Central Office, to whom he ad- mitted his gatlt. RUBENSTEIN. It is said by the keepers at the jail that the friends | of Rubenstein have, withm the past week, made | several ineffectual efforts to convey poison to him by | means of presents of various kinds and by letters On Tuesday a letter written in Hebrew characters,- containing a vial of colored liquid was sent to his dress. It was destroyed by the jatler. Another inter- | cepted communication recommended Pesach a | way tocheat the gallows by committing suicide. It suggested that he should place his fingers under his tongue and press the latter back into the thorax; that would produce strangulation in a few minutes, _ RAILWAY FREIGHTS. Yesterday another meeting of the railway ma: | Was held at the St, Nicholas Hotel, the principal object being to adjust the differences between the lines west of the Mississippi River for freight through Kansas and neighboring States, Representatives re ied at | yania Contral, Erie, Baltimore and Ohio, New Yor ' Contral, Chicago and Fort Wayne, and Lake Shore and | Michigan Southern railroads were it to assist in | the discussion. Messrs, Jewett and Barber, of the Erie | road; Colonel Scott and Mr, Cassatt, of the Pennsylva- nia; 'Mr. King, of the Baltumore and Ohio; Mr. Me- Cullough, of Fort Wayne, and Mr. Jay, of the Michiga Cen ticipated in the di Dat, owing to, the fiiness of Mr. William H. Vanderbilt, the meeting ‘was adjourned to meet at an carly time—provably to- day—to definitely settle the matters in dispute. It is | generally understood that the Illinois Central Railroad, is the y most offending in cutting under rates, and | there is much feeling in reference to what is considered ‘a breach of faith on the part of the agents of that road. THE ELEVATED RAILROAD, ‘The trains on the Elevated Railroad, which ron now every eighteen minutes, will, when the new switches are finished, run on nine minutes’ headway, A switcn was finished yesterday at the southern terminus of the road in Greenwich street, and within ninety days another will have been completed at Eleventh street, It ts the intention of the company to continue building their switches along the cntire line of the road until such time as they can be joined together, thus forming a double track the entire length of the road, Tho switches run tothe main t and in some instances are fully a block in length. hen these switches are all joined and a second through track is made trains will be ran every three minutes up and down the line. Another contemplated extension of the present road is to reach the South ferry through State street, but as the contracts for the iron necessary for the new stracture haye not been given out itis not kuowa ing mother conveyed in an gg Ae} ape Pirious, Owiba io wot hawt had nepuan Kreaasent. (CONTINUED ON NINTH PAGE.1 He was informod that the bank had failed and that ’