The New York Herald Newspaper, March 4, 1876, Page 8

THE COURTS. | Rapid Headway in the Tweed $6,000,000 Suit, The Case for the Defence Sub- stantially Closed. BENEWAL OP THE MOTION TO DISMISS THE COMPLAINT A Brightly Shining Juror and His Conundrum. IMPORTANT RAILWAY LITIGATION. ‘The great Twoed $6,000,000 suit, still on trial before Judge Westbrook, is progressing with a rapidity which, while doubtless exceedingly gratifying to the jury, at the same time surprises, no doubt, the throng of spec- tators continuing to crowd the court room. With tho exception of examining one witness, whose testimony could not be taken owing to the absence of the witness, | the dofence has closed its case so far as relates to the | submission of evidence, Meantime somo questions of | law are to be argued on Monday, and with a considera tion rare in courts of justice tho jury was spared the | infliction of listening to it, 6o they wore eXcused from farther attendance till Monday. Mr. Charlos O’Conor was present again ycsterday and took on himself the main burden of conducting the Prosecution, thereby compelling the other prosecuting counsel to rather hide their diminished heada, Some delay, however, was occasioned by the absence of one of the jurors, Mr. Ficld in the meantime read some short epistles from Mr. O'Conor to the Attorney Gen- eral, which were offered in evidence. Mr. Samuel G. Courtney was tho first witness called to the stand. He said he was counsel for Connolly in 1873, and was present at an interview at Mr, Have- Meyer's houso, and went from there-to Governor Til- den’s house, and met there by appointment to consult ‘about the resignation of Connolly. “f Mr. O'Conor objected to the evidence on the ground Of its irrelevancy ; but the objection was overruled and | the witness continued, He said he went to Mr, Have- meyer’s house and hadalong interview with him about Mr, Counoky’s resiznation and the appointment | of Mr, Green in his place; Mr, Havemeyer refused to gi any assurances that Mr, Connolly should not be prosecuted; witness was accom- panied by Mr, William A. Beach; Mr. Tilden and his stenographer were present at the time; he hed an interview with Mr, O’Conor afterward, and !t was there agreed that any money paid by Connolly to tho city was to be appropriated toward the payment of what he had taken; witness declined the arrangement, and negotiations ended. Mr. Rafus F, Andrews, next called, said he had met Mr, O'Conor, Mr. Havemeyer and Mr. Tilden for dgreat number of times, and they met Mr. Connolly at their | meeting room at Delmonico’s; the whole subject of discussion was as to what was the best thing for Con- | nolly to do to get out of the scrapo and’ bo protected, and it was finally consummated by tho resignation of | Mr. Connolly and the appointment of Mr, Green in bis place; {twas also agreed there that Mr, Tilden should | 0 to the Legislature; on several occasions Mr. Have- Ineyer was speaking Of the best mode of getting out of | the scrape, ured him that be should be pro- | tected if he did as he desired, and Mr, Tilden assented, The whole object of this mecting was to sccure this | immunity. Mrs, Watson was called but did not respond. A gen- tieman by the name of Lewis was then called to ex- plain to the Judge why Mrs, Watson was no! present, and he told Judge that Mrs. Watson was very ill | and waable to attend, and it was finally agreed to take | hor deposition to-morrow morning at her house betore a referee, Mr. Fiold suggested that as they would not | beable to finish their testimony and argue the law points that day it would be better to adjourn this | evening until Tuesday morning, and aliow the jury to | go to their homes. Judge Westbrook said be’ would arrange that atterward, Mr. U’Conor—We don't sce the esonomy of wasting apy further time in the examination of these witnesses, | What agreement or compromise was made between some private person and the members of the Ring is | totally irrelevant, * Mr. Field—If you are willing to demur we will admit | your demurrer aua let us see whether it 16 not a legal | and goed defence. Mr. Jotn H. Strahan was next called. He said he | was counsel for Mrs, Watson tn the.suit brought against her as adminisiratrix, aud the pleadings im the suit were offered tn evidence. not having all the papers called for in the subpoena was told he might go | Poine antl yet them and come back again Monday. | Mr. A. J. Sinith was reealled and bricily examined in Tegard to some accounts. | Sie Sparks k of the Oyer and Terminer, was then'swora, and produced the record of Tweed’s con. | tence for misdemeanor and of the # Vietion and z indict h was objected to by the 1 as irrelevant, and the objection was overruled, j Judge Westbrook cbserved that much of the testi- mony which ho had admitted under otyection involved certain law points on which he would pass at the proper | time. A plece of documentary evidence: was pat, in’by the | defenee, being a copy of tua Attorney General's coun | tormand of the order of arrest a, vey. | Me Field here announced th » for the de- | rs. Watson's | ome papers by Mr. restate, | The annouucement, were discharged | uot Ti r their presence during the legal } discussions on Monday Alter recess the court rooi was crowded more com. | pactly than ever, the York Bar was well | represented by numerous lawyers, evidently anticipat- ing a rich treat tn the expected legal joust between David Dudloy Field and Charles O'Conor, the two vete- | rane of the | Judeon Jarvis, Who was Order of Arrest Clerk w | Sheriff Bre of arrest against d Attorney € untermaud to of arrest " Ficld handed !n a list of te indictments against ndant, trom which it appears that there are twenty-eight now pending » OAs, j Mr. Field now rerf®wed bi to dismiss the complaint, and spoke at considerable length on the | motion, He said they were accustomed to hear from | the newspapers there was no dofence; but they paid no attention to it, for all men kuew they had no relia- ble information to form a gment upon; but tt required an apswer when the ing, and nior y , and, in fact, that the ow fa Of course the Court smiled at such exhibitions by the counsel; bat it is only ny are to be affected by such talk, as if Verdict they will tell us whether are = performing the part the learned supposes them to play in this drama, So far from there being po defence, he moved to dismiss the compl vo such instructions to the jury regarding nount for which defendant might be tial t thus relieve them of a part of their tutes, A defence may apply to the whole demand or to a part of bo would ond o show that the platnsitte ba im at ail, and that if they have, it must be very ox ly reduced. Taking up the complaint, Mr. Field catied attention to the allegation that the sum of $6,000,000 deposited in the Broadway Bank was drawn from time to time; iC the allegation | ‘was immateris|, it should not be in the complaint; if it waa material, the omission to prove it was fatal Agatn, aconspiracy is charged botween Tweed and Wasson to procere these fraudulent bills, but not one word of evi- dence was put in that Tweed ever met Watson on the | face of the earth. It was allinterential. Morcover, | they cannot spell out one word ever spoken by Tweed to any human being in reference to this Board of Audit, | and the charge is that the frauds were committed under cover of the Special Audit act. The only material testi- mony was that of the contessed thicf Garvey. Togersoll, taken from State Prison to tee against the defend: counsel— "Did yi about the b ant, was asked by the prosecu’ ever have a conversation with Twoe g0 before the Special Board of Audit? was, "No, manufact bh ; 1 think not.” The whole before the Court for six weeks, which 1 as the overt act under the alleged com- | ‘The rule is that the combination and concert most de proved, or the piniotilf must be nonsuited. ‘The compiaint wleges that “tho said pretended claims, were presented to or examited by the said Board | of Audi” Not one particle of proof of this was given. How did they know that they were not audited vy the members ‘of the Board separately? Why didn’t they ask Mr, Nall, an hovest man, whom no one ac- cuses now of anyth'ng more than neglect, though there was at one limo a how! of accusation sgainst | dim? Either the Court must rule the allegation to be Immateriel or the omission of proof was fatal. They allege that “none of tbe said bills represented any real or actual abilities or just or lawful demand what ever.” They must prove that they have given no proof whatovor rojativo to the New York Printing Company and other bills, and for this reason $611,000 must be struck from the claim. Taking up ove of the Keyser warrants for $19,000, he Said the indorsement was admitted ip be a forgery, wad tho city lost nothing by the payment by tho bank. If M could be proved Tweed was concerned in the forgery | end got the booed he would be hable, but without any proof of this it was preposterous to hold hii | Mable, This covers the case of fitteen warrants to and others and the cases of ali the fictitious | pames which Ingersoll signed to bills, if whe Jaw holds, as counsel thought it did, that the signing of faise nes = t> «bills fe a forgery (Peovle va Seabody, 2, Wendell & Bisbou's | counsel | Kelly. | the NEW YORK HERALD. SATURDAY, MARCH 4, 1876.—WITH SUPPLEMENT. Criminal Law, $7 and 544). in this view tere woald | Sturm brought suit and obtained a verdict and the Gen- be excluded $2, 780,471 48 from the liability. He next submitted that under the law, as regards the remaining seventy-nine bills, for $3,509,371 in all, that the county could only recover the amount to which it was damaged; 1n other words, the overcharge, no more and no Jess. On this point he cited the cuse of the State of Michigan vs. The Pheenix Bank as decisive, and urged that :t would bea reproach to the civiliza- tion of this age if the county was allowed to recover for what it has got and holds, keeps and enjoys, and make Tweed pay tt back for what {t got. If this prin- ciple was correct on what principle could they recover on Garvey’s bill Why, be swears his bills were honest obes. “Why, sir,” burst out Mr Field, *4t is amazing. The impudence of the claim is something astounding. Do they seek, these honest public prosecutors; does the imperial city of New York, whose imotto is ‘Excel- sior’—and I hope it will always hold it to the end of time—o these people, representing the State of New York, claim from this mau, a fugitive if you will, a guilty man, although they once bowed before him— and there wasn’t one of them so nasty now to prose- cute that did not almost cringe at bis fect; but no mat ter—why do they seek to recover against him by bills for $1,000,000, presented by Keyser, when he swears that the county owes him nearly $500,000? 1 wish some of these patriots would explain how that claim against Tweed is anhonestone. How’—(turning to the people's counsel) —“how can you dare to ask the Court for judgment fora millon dollars on Keyser’s bills when Keyser, your own witness, swears the county owes him at this moment? For what do you Want that million? Is it to found a hospital, or a monument to your own generosity and love of justice, or some monument of the love of justice of New York State and Attorney General who represented it 1p the year of grace 1STUY"” Counsel next insisted that if, whether wittingly or unwittingly, in their exuberant zeal to do something to call down the applause of heaven and earth, or from zeal for justice, or their willingness to strike a man onco above them, but now fallen, they have made an arrangement with any of these alleged conspirators which prevents them from prosecuting him, it 8 a bar to prosecuting all the rest, On this point he cited the words of Judge Davis on the first trial, that Garvey had testifled that th arrangement had been made with him by the people's representatives by which he would be “exonerated from all opposition.”” Among the decisions in point cited was that of Judge Dillon, of Ohio, whom eulogized, A band of praying women Visited liquor man’s store to convert him. He sued the Indies for trespi and what was the answer? ‘sir, you have’ singled out one of these fair females and married hor, and pot being able to sue her, you are barred from suing the | De eg ae epee the Court go held, The next point was that tho acts complained of were judicial on Tweed’s part, and that he could not be attacked ona civilaction, “If the proseeution, he said, was a ona Jfide one by the county for the purpose of getting back the money which went into Tweed’s pockets, nota word would have been said about this; but when he is prosecuted as a six million thief and his counsel abused throughout the country, and these hes are sanctioned by the counsel—I will not say those now present, for 1 would not be Jastified, When this 18 done they must take the consequences; and, in counsel's judgment, the shield of judicial immunity covers the transaction. if they sued Garvey or the others no such defence could be made. Nay, if they sued Tweed for the actual amount misappropriated by him— Judge Westbrook here suggested the law that no Judge can sit as such in a case where he is interested, Mr. Field replied that Tweed was not interested in these matters only aa far as he was corrupting a Judge; but tt could not be said a man ceases W act judietall: the moment he becomes corruptly _interester The last point was that Tweed has been punished for the acts complained of a second time. In reply to Judge Westbrook Mr. O'Conor said, as far as he was concerned, he scarcely thought the argument needed a reply just then, as it was one on the merits ve the case Which might’ properly be addressed to the jury. Judge Westbrook said if any of the other counsel wished to reply he would hear them on Monday. The Court then adjourned. COMPTROLLER GREEN IN COURT. ‘The action in which Civil Justice Kelly, of the Sixth Judicial District, seeks to test the right of Comptroller Green to require the justices to answer certain inter- rogatories under oath before delivering tothem the warrant for the payment of their monthly salarics, came up yesterday morning before Justice Dinkel, in | the Fourth Judie‘al Court, Mr. Groen was represented | by Mr. Bell as counsel, and Justice Kelly by his law pertner, Me J. H, Mackey, the plaintiff in the caso, the | former baving transferred to him his right and title to the warrant in question. Mr. Green appeared in per- son, but left the court room shortly before the pro- ceedings commenced to attend to the duties of his oitice. Mr. Bell moved to vacate the proceedings on a variety of grounds, but the motion was denied. Judge Keiiy went on the witness stand and testified that he assumed office on January 1; that ho demanded | bis salary from Mr. Guion, who was the disbursing officer of the Finance Department, and that he was asked to auswer certain questions in relation to tho reception of tees at the court over which he presided. He further testified that his refusal to answer the questions propounded was qualified by an explanation to the effect that he was not required to do so by any Jaw, bul that nevertheless he was willing to atnewer any questions or make any affidayit if the authority compelling him to do so were produced. He also stated that as a justice he had not received any fees for tue month of January, and that his offer to make a statement had been refusec, unless it were given under oath; a mecting of ‘the civil justices of New York bad been held to determine whether fees should be received in similar proceedings, but no conciusion was arrived at, No fees, he added, were charged im his Court, nor were any patd upon the issu- ing of summary proceedings to his knowleage. Marshal Daly was next called and testified that he bad served the necessary papers, at the Instance of the claimant, upon Mr. Green, who sent for Mr. Guion, | and requested him to hold the warrant and not to de- liver it up under that process. Mr. Mackay was also examined, and stated that the claim had been assigned to nim and that he considered the money as his own, nor in case of its recovery woald he be bound to pay any of it over to Judgo Mr. Bell then renewed his motion to dismiss the suit, which was denied, and Judge Dinkel intimated that be wou'd take the papers in the case and reserve bis decision ACQUITTAL OF AUSTIN BLACK. After five days’ trial in the Court of Oyer and Ter- miner, before Judge Barrett, Mr. Austin Black, charged with subornation of perjury, has been acquitted, The facts upon which the charge was based having been | | fully given in the Heraup do not require repetition. All of yesterday until a late hour in the afternoon Wus consumed in the and im the charge to the jury. Mr. ¥. Brooke presented the plaintlins case convincing clearness as to Mr. Austin’s » which made such an indelible impression upon the minds ofthe jury that all the subse- uence of Mr, Phelps, the District Attorney, » to counteract. It was shown positively to e conspiracy to rum ar. Biack. Judge Barrett, ge, instructed the jury that such was the ot the witnesses against the accused that theif testimony was not to be be hows the cor- roboraiion of other witnesses, On the rendition of the | Verdict of acquiital, the throng in the court room gave | | it their hoarty indorsement by outbursts of applaus Mr. Biack was y congratulated by tue hosts | of his irionds in attendance, AN ATTORNEY'S IMMUNITIES. An juteresting and important litigation was sum- marily lermivated yesterday by Judge Van Brunt, of the Court of Common Pleas, An action was brought by A. D. Le Fevre against Stephen W. Kellogg to re- cover $14,000 and four years’ interest on @ claim aris- under somewbat peculiar circumstances, but which clan the defendant demed. It appears that Mr. Le Fovro.owned properiy in Connecticut, which certain ached, Mr. Kellogg acting as their attor- re transierred the p laimed to own it, £0 as to save the prop: agreed to ald Kellogg to obtain it for if they would divide with him. — Judg- ed and the property sold for $50,000. that the division had pot been made ments were Le Ferre claim as agroed upon and sued Kellogg for the alleged bal- ance. Following the opening for the plaintiff by Mr. Bateman the defendant's counsel, Mr. Arnoux, moved yes the computint on the ground {not lie against an attorney-at-law by the do- fondant in a suit for his conduct of the action; that he was the plant fs agent and not a principal. tion was granted and complaint dismissed. that ap action A HEAVY RAILROAD SUIT. There seems to be no end to sults against railroad cor- porations The last in the list that is broagbt by John E. Gowan and Danie: E, Davenport against the Chicago and Western Constraction Company of Iilinois and the Chicago, Millington and Western Railroad Company. The latter in his affidavit alleges that on the 2st of Seplembde 5, be entered into a written contract with the Chicago and Western Construction Company for build constructing and equipping the Chicago, | Millington end Wesverm Railroad ; that payment for the work w aranteed by the railroad company; that he performod his part of the c@mtract, and that the other contract! have failed to carry out their portion | of the stipulation, Suit has ageording!y been brought ked tor of $50,000 against the two The aMdavit further sets forth that oreign corporations, and applic tion was yesterday to Judge Donohue, of the Supreme Court, for an attachment against the bonds of the railroad company jn this city, On the affidavit referred to and that of Mr. Francis 0. Frank, agent of McCulloch & Co., bun was granted. A long and lively tigation is likely to follow this importaut imitiatory step in the suit MEMENTO OF MAXIMILIAN. The old and somewhat threadbare litigation between Genera! Slurm and the Atlantic Mutual Insurance Com- pany was (he subject of a lengthy argument yesterday, before Judge Lawrence, ia Supreme Court, Chambers, During the Mexican war Geveral Sturm shipped a car load of muskets from Je port to a Mexican port, for the use of the patriots, but before they arrived Maxi milian Jost bis Itte and (he cargo was not in demand. On their way back the crew abandoned tho vessel in ulf of Mexico, and she sunk with hor cargo. The tic and other companies tp Which the vessel ava go wore insured refueed to pay the insurance, alleg- ing that the transaction wae freutwlnnt Ganovet both compar summing up by opposing coun.” yperty to his | The mo- | the Appitcation | eral Term and Court of Appealsconfirmed it, The new syitis brought by the Atlantic Company, which has co the amount of judgment into court, and making eral Sturm, the captain of the vessel and others defendants, sues to restrain the taking of the money out of court, on the ground that the transaction was a conspiracy to set up a fraudulent claim. On both sides voluminous papers were submitted and lengthy ex- tracts read from some of them.’ After a lengthy arga- ment the Court took the papers, reserving its decision. AN INTELLIGENT JUROR. $ All sorts of people find their way into the jury boxes. Shrewd lawyers, however (and very few there are who do not on occasions resort to this species of legal strat- | @gy), are very profuse in complimenting juries upon their superior intelligence, and generally the more ob- tuse, evidently, the jury, the more profuse are these complimentary phrases. Everybody bas heard of the juror who understood the case before him thoroughly except the meaning of the words plaintiff and defend- ant, and this juror, too, being the one upon whose looks of undoubted intelligence chiof reliance was based for just and equitable verdict. A case of one of these intelligent jurors cropped out rather amusingly on the | conclusion of a trial which has been in progress for several days before Judge Van Hoesen, holding one of the trial terms of the Court of Common Pleas, The suit was one brought by B. H. Frank & Son against the | Commercial Fire Insurance Company, being onc of six similar sults against various insurance companies, to | recover some $20,000, lost on ready-made clotning do- stroyed by fire op January 6, 1874, at No. 54 Leonard | street, “How say you, gentlemen of the jury, have you agreed upon a verdictY”’ the jury were asked on re- entering the court, after having been absent some two hours for deliberation, “We have,” answered the toreman, “We find for $1,050 for the plaintiff.” “I desire the jury to be polled,” asked one of the counsel, which was accordingly done, each juror to the question whether the verdict was his, giving the usual affirmative nod, “I would like, if Your Honor please, an extra allow- ance,” said the successlul lawyer, This request elicited a few minutes’ discussion, during which time the Jurors remained in their seats. “Gentlemen of the jury,” said Judge Van Hoesen, “you are discharged with the thanks of the Court for, pod faithful manner in which you have discharged your’ juties. “I would like to ask a question,’’ said the sixth Juror, rising slowly and solemnly to his feet. “Certainly,” answered the Judge, with that marked politeness which seems to be innate with him, “I would like to know,” asked the juror, ‘tho amount of the verdict,’’ “That question comes rather late,” responded the Judge, who with evident difficulty restrained a latent — |n his sleeve at tho singularity of the interroga- ry, ¢ successful lawyer came to the rescue and gave the inquiring juror the information solicited, at which the juror was evidently my, much pleased, and, amid the suppressed smiles of those in the court room, took up his coat and bat and moved away with all the gravity of a Spanish hidalgo. DECISIONS. SUPREME COURT— CHAMBERS, By Judge Lawrenco, Smith vs. Aldrich; Sperry ys. Hargraves Manufactur- ing Company; Tillon vs. Morne; Brown vs. Lyddy; | Haskin vs. Dunne; Peters vs. Ellison; Manhattan Life Insurance Company vs. Kuhn; Jaques vs. Kennedy. | Granted, Matter of Reed, &c.—The testimony of the witness is not signed, as required by rule 39. Matter of Frankenstein.—I think there should be a reference in this case to ascertain the truth of tacts stated in the petition. Miller vs. Nichols.—Motion to vacate order of arrest is denied, with costs, Taber vs. Hovey.—Bond on ap] approved, Strong vs. Casine.—Recoiver’s bond approved, Man va, Kinnig.—Explanations wanted, Hetibrun vs, Racey.—I want the order which I mado | In this caso, Home Insurance Nec aad ys. Montford et al—Does | not comply with rule 34, Raynor vs. RandalL—What is the necessity for an | order to show cause? Matter of Breen.—Writ dismissed and prisoner re- moanded, SUPERIOR COURT-SSPECIAL TERM, By Chiet Justice Monell. Seaman vs. McReynolds et al.—Dofendant’s attorney | must serve acopy of the proposed order upon the | | plaintiff's attorney, with notice of settlement, which | must be for Mondny next, at half-past ten o’clock A. M. | | By Judge Sedgwick. | Weber etal. vs. Dry Dock Savings Bank.—Motion | denied, without costs, | Alten et al. vs. Jacob et al.—Order appbdinting Leo- | pold Wallach receiver, Parker vs. Harrison et al.—Order dismissing plain- H Pleas aaa and that the injunction herein be a! solve | Sander vs. Hofmann et al. ; Godfrey et al. vs, Thomp- son; Plunkett et al. vs. Appleton ct al.; Humbert et al. | ys. National Mechanics’ Banking Association of New | York; Fields et al. ys. Stover Machine Company of the | city and county of New York.—Orders granted. { hompson ys. Dohrman et al—-Order dismissing -| ) plaintift’s complaint, COMMON PLEAS—SPECIAL TERM. By Judge Robinson, James va Burchell.—Plaintif’s motion granted, ; That of defendant denied. Opinion, Susanna Silverman vs. Charles Silberman.—Decree | ! of divorce to plaintiff, | SUMMARY OF LAW CASES. Judge Lawrenco yesterday granted an injunction re- straining any further theatrical performances at the Chateau Mabille Varieties, in Thirty-fourth streot, un- til after payment of their license fee, The Globe Mu- ; tual Life Insurance Company is named as one of the defendants, In Supreme Court, Circuit, before Judge Donohue, yesterday, Edward ©. Genet obtained a verdict for $622 50 for five mouths’ services as an officer of the Court of Common Pleas, The defence was that he was appointed by Comptroller Connolly, without proper au- | thority; that he was not recognized by any of the judges as an officer of tho Court, and that he did not | perform the services, A satisfactory case, however, aving been made out for the plaintiff, Judgo Donohae directed a verdict for the amount stated. | In the case of John G. Breen, recently arrested under | the name of James J. Green, the facts of which have | ' been published in the HekaLp, Judge Lawrence yester- day dismissed the writ of habeas corpus and remanded the prisoner to jail, He hold that the petitioner, hay- ing appeared im tho action under which the warrant of arrest was issued, and having failed then to take ad- vantage of a misnomer, cannot now attack the judg- | the cell mont nor the final process issued under it, Judge Robinson, of the Court of Common Pleas, decided yesterday in the suit of Edward D. James against John J, Burshell that a judge, his term of office | having expired, cannot subsequently remedy nis failure | in completing a decision in a case heard betore hin. It | appears that Judge Loew, on the Sist of December last, | in the case In questiou wrote a memorandum decision, | Dut failed to make the proper findings of fact and con: | clusions of law, Two motions were afterward made— | ‘one to retura the case to the calendar and the other to | reter it to ex-Judge Loew to make good his omissions, | | Judge Robinson grants the former motion, but denies the latter. | | Suit was brought by William F. Owens, a stock | broker, against Rozil F. Picket to recover $1,533 88, | alleged to have*veen advanced by him to the defendant cover his shorts m certain stock transactions. Th case came up for tral yesterday before Jupge Donohui in the Supreme Court, Circuit. It was claimed by the defence that the plaintif represented himself to be in with Gould and others, who bad a ‘corner’? in the stock. This be alleges to have been false and intended to defraud him. e Court ruled out this testimony, | aud directed a verdict for $1,570, being the full amount | claimed, with interest. ° Charles R. Beckwith, the former bookkeoper for Mr. B. T, Babbitt, whom he is charged with having swin- dled out of $500,000, was arraigned before Recorder Hackett m the Court of General Sessions yesterday to answer to five separate indictments charging him with having forged his employer's name to two checks upon the Metropolitan Bank, one for $11,656 55, dated Janu- , 1872, and one tor $3,182.40, dated March 15, and also with grand larceny and embezaiement tn having, on August 4, 1871, dishonestly appropriated a check for $608 05, on ‘August 29a second eheck for | $619.00, and on January 27, 1872, a third one for | $11,056'56. The prisoner, who was represonted by Judge Fullerton, pleaded “not guilty” to each indict | ment, He was remanded to the Tombs to await trial, FIFTY-SEVENTH STREET COURT. Before Judge Murray. VIOLATIONS OF THE EXCISE LAW. Francis Barmin, No 501 Third avenue; Jeremiah | Murphy, No. 620Second avenue; Thomas W. Valentine, | No, 540 Third avenge; H. J, Pooton, No, 500 Third ave- nue; Michael O'Brien, No, 724 Second avenue; Patrick Kinney, No. 745 Second avenue; Frank Lute, No, | 241 Kast Twenty-eighth street; Richard Wiley, No. 617 First aven' Christopher — Lynch, oT East Twenty-eighth strect; Edward Chapman, No. 561 First avenue; Joseph Kerns, No. 488% Third avenne; | Peter Brady, No, 585 Third afenue, and Hugh F. Far- roll, No. Second avenue, were arraigned, charged | with violations of the Excise law, Two officers of the Ex Board made the complaints, and in all cases | awore jo having bought and drunk liquor, for the sale | of which the prisoners could show no Viccuse. The | prisoners had beon locked up ovor night in the Twenty- first precinet station Louse, and consequently felt that great injust) had been done them. They gave ex- | | pression to their feeling in court, but Jadge Murray | said that be and bis colleagues having already ex- | Pressed thetr disapprobation of the injustice they com- pluned of he was satls- | of be- { | faction. |i ed up in the prisoners’ box to await their turn. | at the bar the Court gave orders vo provide such pris | onere with a room to themselves in future. The pris | | oners wore bejd cach im $100 bail, with the exception of Pooton, who was discharged, it having appeared | that it was from his barkeeper the officer had purchased Niquor, All Mr. Murphy had to say in bis defence was | that Officer Wendover bad paid him ten cents, but had | druck (wenty-five cents’ worth, A POLICEMAN’S ASSAILANT. Edwerd MeShaftray, No, 402 West Forty-eighth power}ess to qftord them a The prisohers having Se come ine was arraigned on a charge of being implicated a sorious assault upon Officer McDermott, on the F of the 2d of Febrwary ost. McDermott is at- tached to the Twrenty-secund precinct, and on the 2 A eoataned be Stns to Comeere 5 ates of corner poly one of whom, he was the —— The gang threw stones at him, ‘ked him and deat him most unmercifully, so as to confine him to his house since. The ‘sccusod was held for trial. AN IMPROBABLE STORY. On Thursday night Francis McNamara, aged eighteen, ascended, by means of a ladder, to tho roof of the premises No. 611 Ninth avenue and began to pry open the scuttle door, He was caught in the act and handed over toa policeman, His yen ‘was that he in- tended to sleep on the roof. He failed to make Judge Murray believe his story and was held for trial HARLEM POLICE COURT. Before Judge Smith. A PAIR OF YOUTHFUL HIGHWAY ROBBERS. While Edward Keenan, of Fort Washington, was on his way home from Harlem, on Thursday afternoon, he waz attacked: by George Leonard and Arthur Wilkie, who robbed him of fifty cents, all the money he bad, Their defence was that he permitted them to ‘go through” him. They were held for trial. POLICE COURT NOTES. A few nights ago the grocery store of George Vienug, No, 1,046 Third avenue, was broken into by burglars and $100 worth of property stolen. Suspecting George Hess, of No, 1,002 Second avenue, he was arrestea end brought to the Fifty-seventh Street Police Court. The evidence being insufficient to fix the guilt upon him he was remanded to give his counsel time to procure evidence of the prisoner's good character. A STICKY CASE. The government somo time ago seized an illicit whiskey still in Gold street, Brooklyn, and among other stuff found on the premises were sixty-five hogs- heads of molasses, which were immediately claimed by the firm of Crabb & Wilson, of New York. The gov- ernment refused to give the property, and an action was brought by the claimants in the United States District Court to recover the molasses, The case was tried yesterday. After @ retirement of about two bours the jury failed to agree. ee MORE RIVER THIEVES. Yesterday morning, at an early hour, Detective Mahoney, of the Third precinct, Brooklyn, arrested John Waters, Patrick Higgens and Thomas Higgens on a charge of stealing three bags of spices, valued at $60, from the brig Louis Clark, Captain Smith, lying at Bairds’ and Rolemson’s stores. The rogues were as- sted, it is alleged, by Thomas Kelly and Archibald ell, mates of the vessel, The river thieves were in ‘the act of rowing away from the vessel when tho of- ficers pulled out their pistols and, threatening to fire, compelled them to pull back to the brig aud surrender, Waters and one of his companions have served terms in the Penitentiary, The mates, Kelly and Bell, who, itis said, assisted the thteves, were arraigned with them hefdre Justice Delmar yesterday morning, and were bold for trial. x A CONFIDENCE MAN IN CUSTODY. A DECOY TRICK THAT CAUGHT A NOTED SWIN- DLER, The notorious confidence operator, George W. Maxwell, alias Matscil, Jr.; Pillsbury, Davis or Howard, turned up again wm his old role of swindler at the Tombs Police Court yesterday after- noon. He had the same easy, self-contained manner that he exhibited on former occasions. Since bis re- lease from the Penitentiary, a few weeks ago, where he bad been sent foraterm of eighteen months py Recorder Hackett, he hag been pursuing his quondam game. His latest victim was Mrs. Lee, of No. 30 Waver- ley place. Ho called upon this lady on the 22d of Feb- ruary, said bis name was Davis, and told her that her son, Hawthorn, who was held in the Tombs on a charge of abandonment, could be released through his | exertions; that his wife was arelative of his (Davis’) | wife, and that upon a presentation of the facts to Judge Lawrence young Hawthorn would be giyen his liberty. | I Upon these representations Mrs. Lee called a boarder of hers named Philip Stoner, whom she requested to ac- company the so-called Davis whither he wanted to go. ‘The latter took Stoner to the Court House, but there being no court they went thence to Judge Lawrence’s chambers, which Davis entered alone, and, after asking | some trivial questions, emerged with an order for the | | discharge of Hawihora, with Judge Lawrence's uame signed thereto. He represented that this had cost bim $15, and succeeded in-gotting $12 from the unsus- | peciing Stoner. Detective Ficlds caused to be published | in an evening paper of Thursday a decoy | paragraph relating to the imagmary arrest for | abandonment of a ha man, giving the ad- | dress of his le as 1 Varick street. ie thought | Davis Would snap at the bait, and he was right. De- | feet Se a Fields qepairod 40 the Jooality | jy yosterday, posting themselves in the drug | store te, had the satislaction of sccing their pe { approach about half-past twelvo P. M., and while he | ‘was inquiring for some supposed relatives tte detec- | lives approached and took him ito custody, He was | taken to the District Atiorney’s office, whence he was sent before Justice Bixby, who, upon an affidavit made out against him, heid hun in $2,500 bail to answer. Davis is the young man who some time ago attempted | to swindle Captain Williains, of the Fourth precinct, by | representing himself as the son of ex-Superintendent Matsell, and was arrested, RUBENSTEIN'S SUICIDAL INTENT. Yesterday it was found that the iron wire which sur- rounds the top or rim of the tin cup in which Ruben- | stein’s coffee is served had been removed, and that the tin had been beaten back again, so that the cup appeared to be in proper condition. A search was made in the con- demned man’s cell, and the wire was found stuck into his mattress. It had beensharpened. The iron handle | of the slop pail was also found hidden in a corner of under some clothes, Every article that | Rubonstein receives hereafter will pass through the hands of the keeper in charge Yesterday his brother Jacob held a long conference with him. Motion for pew trial will be made pext week, when the papers for a bill of excoptions will be ready. CORRECTING A POLICE REPORT, New Yorx, March 3, 1876, To tar Epiton or tar Henarp:— You had in your valuable paper of yesterday an arti- clo headed, ‘Unparallcied Heartlessness,” stating, among Other things, that Mr. Gotienberg, No. 171 | Henry street, refused every assistance to Mary Mitcholl during her unsuspected confinement at nis house, | The following are the facts, as told by Mr. Gotten- berg, Mary Mitche!] and Mrs, Brennan, who reside in the same house, and also my own testimony:—Mary Mitchell, who has been but six weeks at service with Mr. Gottenborg, denied being enceinte, but was taken with labor pains about five o'clock P. M, on the 20th ult, Mr. Gottenberg appliel at the police station to have her transferred to the hospital. He returned in | | sage Syne policeman, Her condition was very | baa. 4 Gottenberg then called at three different.| physicians’ olfices, all of whom were out at the time. Asa lust resort Dr. Powell, police surgeon, was sent for. In the interim the child was born. Warm water was not y tenors. For convenience sake, Mra. ‘the water, the girl bein on tire third floor, Mrs. Brennan on the second an Mr. Gottenberg's fam iy in the basement at the time. | 4 At seven o'clock P. M. i calied and found Mary Mitchell and the child (a little girl) lying in a comfortable bed, | with every necessary article for her comtort, The | room was dry and warm. 1 again called yes- terday and to-day at the same premises ‘and found mother and child doing very weil. It ts vory strange that you should have been informed that Mary Mitchell was in a precarious state and had been re- moved to the hospital. Dr. 8. CALLMAN, No. 59 Rivington street. OFFICER FINNERTY'’S DISCHARGE. New York, March 3, 1876, To tus Eprror or rar Hrratp:— At the time of my arrest on a charge of criminal outrage which was preferred against me by a malicious ‘woman the entire press announced the fact and com. | mented upon it severely. Now that I have been de- | clared innocent, the statement of the prosecutrix hav- ing been proven utterly untrue, and the case against me having beon abandoned, I deem it but just to ask that prominence be given to the fact of my honorable | discharge. KERRIN FINNERTY, Patrolman First Precinct, Municipal Police, LONG ISLAND RAILROADS, Tho concentration ot the management of the exist ing railroads of Long Island into one company has had the effect of reviving imterest in certain other tran. | chises already granted by the Legtslatare, One of | these authorizes the construction of a road from the mouth of Bushwick Creek, atthe foot of North Thir- teenth street, Williamsburg, to Glend on the line | of the present Southern road, to be kuown as the Glen: 4 Railroad, and another from Rich- mond Hill, the next station on the Southern road, touching at Jamaica, passing through a cutin the bills north of that village and — sxirti the north shore of Long Island to Orient, touching all the Sound-shore villages on the route, to be known as the North Shore Railroad of Long Is'ana. There is talk now of a consolidation of these franchises and the immediate constraction of the road, with a branch from Jamaica to the South ferry by means of a sunken track from the junction of Atlantic and Fiatbush ave: through the old tannel in Atéantic | street. East for the presenk it is contemplated to construct the road only as far as Huntington hut eventually along the entire north shore UTILIZING SALT WATER. OF TWO SYSTEMS BY 4 COMMITTEE OF THE BOARD OF ALDERMEN. 4 ‘There wag a meeting yesterday afternoon of the com- mittee of the Board of Aldermen appointed in accord- ance with a resolution of the body to inquire into the feasibility of utilizing salt water for ‘sanitary purposes and for the extinguishing of fircs. The committee consisted of Aldermen McCarthy, Billings, Gross, Tuomey and Howland, Mr. Thomas Miller, who had sent a communication to the Board of Aldermen op the subject of utilizing salt water, was first heard. He was not prepared to consider the question from a scientific standpojnt, nor has he now a plan to present, but he was satisfied that salt water was more effective in extinguishing fires than fresh water, As to the objection of some persons that salt water was more damaging to goods than fresh wator, he replicd that it was vastly better goods should be damaged than reduced to ashes. No one doubted that at present the fresh water supply is not sufficient, He alluded to the fatal fire in Centre street afew years ago, and said the loss of life then was chargeable to the want of water. Were there to-day a great conflagration in Ann street or in Wall streot, where the supply is very small, he believed thore would be great destruction throughout the lower part of the city. The Chairman asked Mr. Miller whether he knew that ordinances had recently beon passed authorizing the laying of additional mains, and whether if such mains wore laid the supply would then be suilicient? Mr. Miller answered that he thought it would bea long time before such work would be completed, and that meanwhile the danger continued. Besides, this work would probably cost $20,000,000, Ex-Commodore Jonas P. Levy next presented an argument in favor of the use of salt water, About 360 miles of Croton pipes are now laid, costing cn an average $6 per loot, To introduce salt water about 200 miles of pi would be required of wo galt water could be used for washing purposes, to cleanse the sewers, &c., and ip this way a saving of twenty-five per cent of the fresh water supply could be effected, ‘he Commodore ropresented the interests of a number of persons who had a bill introduced into the Legisiature three years ago, pro) ond the incorpora- tion of a company to be named the Salt Water Supply Company. The bill contemplated, after $1,000,000 of stock had been subscribed for, with twenty-five por cent paid up, to erect @ reservoir at Carmansville, which, at an clevation of 200 feet above the Battery, would provide at that point a pressure sufficient to throw @ stream 100 feet high. For the assumed ben- efits of such a system it was proposed to tax each {ree- bolder Se 3 cents a foot for land fronting on the streets and alleys of the city, every fire insurance com- oy $200 per year, every marine insurance company $100, every ocean steamer $5 annually, and every coastwise vessel $10, Commodore Levy read a letter from Mr. McElroy, the Chief Engineer of the Kings County Public Works, Stating that about the time the bill was introduced he made an estimate of the probable cost of the work contemplated, and summed up all the expense at $8,000,000 tor the entire city, in conclusion the speaker submitted an article from the Heranp o: February 26, giving, with other par- ticulars, the estimates of the expenses to be incurred the additional work authorized by the Board of Aldernien, This sup, it will be remembered, is about $19,000,000. The whole subject, he said, is now before the Board of Underwriters, Mr. Joseph Blumenthal, who introduced the bill, Was in the commitiee room, being asked by the Chairman wi r he desired to say anything on the subject, state at the bill came to him s0 well roc- ommended, and the project scemed so feasible, he Lissa aga ge bat did not commit himself to its pro- visions, + mr. F. A. Peterson, on behalf of the Holly system, reviewed the evidences of insufficient supply discoy- ered at the late Broadway fire, It occurred at an early hour; the day was calm; the chiefs were early ou hand; the hydrants were not frozen; there was no other fire in the city; the strects were clear, so that the engines had no difficulty in reaching the spot—and yet the fire ‘Was not checked until property worth millions of dol- lars was destroyed, The one explanation of this great difficulty was the absolute want of water. As a remed; the introduction of the Holly system was advocate Tho speaker proposed to lay from Fourteenth street to the Battery, along the North and East rivers, on either | side, a twenty-four inch pipe, with branches runnin; out into the rivers. From this were to be run throug! each alternate street to Broadway, on both sides, an eight inch pipe, so that a hydrant with fifty feet of hose could be placed on every corner along Broadway. It is further proposed to place milar hydrants through the entire distance mentioned 500 feet apart and to erect two of the Holly machines, which would require n space of | fifty feet square each and by whose aid 140 streams could be at any moment sct in motion. The hydrants to be omployed are frost proof, the speaker said, the screw that shuts off their supply driving the water down below the frost line. The machines are kept perpetually in motion, working slowly. When thi are no demands on the pipes for fire purposes 20,000,000 gallons per day of sult water can be used for cleaning the sewers and sprinkling the streets. The cost. of pipes, machines and the completion of thi whole work, it was stated, would be $1,000,000, At this point it was voted~ by the committee when they adjourn to adjourn until Monday, at hulf-past two o'clock, and to invite to the next meeting the President ofthe Fire Department, the Chief Engineer of the Croton Aqueduct Department, the President of the Board of Health and the Commissiouer of Public Works THE CITY OF GALVESTON. Messrs. C. H. Mallory stated last night to a Heraup reporter that they had not received any further tidings respecting their steamship, the City of Galveston, stranded on the 5th of last month at Mariguana Island, in the Bahamas, and knew not whether she had bilged or had been hauled off by the wreckers. The general impression in shipping circles 13 that as she went ore very light, having httle cargo in her and bei; almost dry at low water the chances of getting her oF are very small. A number of the passengers aud crew from the wrecked vessel who were taken Nassau to Savannah in the steamship Leo are expected to arrive here next Monday in the steamship H. Living- stone, from Savannah, which left that port on Thurs- day, MORE FRAUDS IN PATERSON. More frauds in the tax business were discovered yes- | terday in Paterson. It seems that during the past ' three years the Merchants’ Loan and Trust Company of that city bad paid their taxes to ex-Tax Commis sioner James Hand, now in the State Prison, who took the money to the City Hall and then returned the ro- cejpts to the bank. Bat an examimation of Collector A. Allen’s books shows a credit of only ten per cent ofthe amount paid by the bank. ‘This certainly places the Collector in a bad position, but he Insists that is all he received, and lays the fraud elsewhere. The theory advanced is as follows: ‘The assessments of the bank for Rg ag three years have been $60,000, $70,000 and $75,000, respectively. | Take the latter sum, and say the tax amounted to $1,965.00. Now, if, before the bill and money were banded to the Collector, the last cipher were erased from the $75,000 it would make it $7,500. A cipher off the valuation would likewise take one off the tax, Say, therefore, that the $1,965.00 tax was thus re- auced to $106.50. Then, after the receipt was sign a cipher could be added both to the assessment an the tax, the dote (not previously put in) put im the | ruper laces, and there would be a bona Jide receipt Ror $1,965.00 tax on an assessment of $75,000, whereas on rated had really been paid on an assessment of 7.3 Whether this be the true theory or not, the fact is | certain that the city bas been swindled out of some $4,000 in this manner by somebody. The affair, which 4s creating considerable excitement, will be the subject Of a rigid rnvestigation The Paterson ‘1 of Aldermen mot last night to investigate charges of malfeasance in office preferred against Tax Commissioner Thomas Bromley. No result had been reached at a late hour, but the impression was that the evidence was sufficient for bis removal from office. Indictments for the same offence are now hanging over Burnley, which will be tried at the next session of thé court. SUICIDE IN HOBOKEN, Yesterday morning at nine o'clock Police Officer Hammond discovered the dead body of a man hanging in a woodshod adjoining the Sinclair House, in Wash- ington street, Hoboken, near the Delaware, Lacka- wanna and Western Railroad. His feet were touching the ground, while the rope around his neck was badly adjusted, The body was cut down and it was frozen stiff from exposure. It was ascertained that he ob- tained on Thursday a piece of rope about a foot and a half in length at Gregory's stone yard near Ferry street. This he fastened toa nail inthe wood yard and the other end round his neck, The body was conveyed to | the Morgue, The d was about forty-five years of age and apparently aGerman. His complexion was ‘k, bis hair brown and his mustache blonde and very itis ts ad that poverty was the cause of icide, Nothing was found in his possession to lead to bis identification. DISGRACEFUL SCENE, Somo time since Emil Hoesnerr, of Hoboken, eloped to this city with the wife of Charles Walther, of the same place, Hoesnerr took Walther’s furniture also, and subsequently took rooms with his paramour in Meadow street, Hoboken. The husband got a replevin for the furniture and went last night to take posses- sion, A grand fight then ensued for the possession of the goods. es Sheriff Targeman drew bis and said he would Gre if an, Mra, Wal and her leaving Mr. Walther Racecar See en a Sa manner, 2 ver from | | | \ | | | »@ loss in real estate of $100,000. The statement THE THIRD AVENUE BANE, —_— THE WILLIAM 4, DARLING ANB SPENCER XK, TION YESTERDAY —DISCREPANCIES DISCOVERED, ‘The adjourned examination in thecase of William A, Darling, Appraiser of the Port, and Spencer K. Green, jointly charged with perjury !n falsely swearing that the assets of the Third Avenue Savings Bank exceeded its labilities by over $300,000, when, as alleged, there was an actual deficit of not less than $200,000, came up yesterday before Justice Duffy, at the Tombs Police Court, The examination room was pretty well filled. Mr. Darling was rot present, but his co-defendant, Mr. Greon, was there. Messrs. Robert Sewell, Abram Wakeman and ex-Judge Dittenhoefer appeared as coun- sel for the defendants, and Mr. Ashbel P, Fitch and Robert A. Van Wyck for the prosecution and the de- positors, One of the latter, Mary Flood, who lost $500 by the failure of the bank, was present during the proceedings, with Dr. Strew, of Lexington avenue, with whom she has lived for many years as a domestic, Colonel A. Sellers was the first witness called, He said he was employed in the Third Avenue Bank under the receiver; he identified the books of the bank pro- duced in court and bad examined the report of the bank signed by the defendants and compared the con- tents of the books of the bank, Witness was asked what was the result of his investigations and counsel for the defence objected on the ground that the ques-, tion was incompetent, The papor which counsel for the prosecution sought to put in evidence was ap un- authenticated copy of the report, purporting to be signed by Deputy Superintoodent of Banks Laun. Counsel for the prosecution replied that the objes- tion was merely technical, and be could, if he was afforded time, prove that it was a duly certiled copy of the original report, Justice Dufly said that inasmuch as the paper had on pide seal the Banking Department he would ad- mit ‘Mr. Benjamin A. McDonald, of Rahway, N. J., was called. He said he was an expert in bookkeeping and had examined the report alrcady referred to, signed by Messrs. Darling «nd Green, itness here read the following item from the report:—‘‘March 17, 1871— izes, which he specified. When introduced the | Real estate, furniture and fixtures; market value stand- on | on books, $242,495 97." Tho witness was then asked to compare that entry with what appeared on the books, Counsel for the detence hero objected again, The witness, in reply to a qupstion, stated that the amount duo the depositors in the bank on January 1, 1871, was $5,959,563, and that figure corresponded with the entry in the report. In answer to other questions the witness explained that the general ledger used in a bank contained the collated duily individual deposits from ierent books, whlch were trans. ferred from them to the ledger; the readiest way to ascertain the condition of the bank would ve to look at the ledger; in order to make certain how the bank stood it would be necessary to examine the dealers’ books in detail and compare the figures with the entrics in the leager, The ledger of the bank represented ihe figures, in the report and ledger to tally. Mr. McDonald was about to read a statement of 1868 when Judge Ditten- hoofer objected. They did not want to go back to 1868, | Mr. Darling was only ‘secretary ad interim for a few weeks, Mr. Fitch replied that Mr. Darling was head and cars. in the treasury of the bank from the start, and he called for the reading of the entries, 3 Mr. Dittenboefer hoped the gentleman would nov indulge in an uncalled for diatribe against bis client because of political antagonism. Mr. Fitch—I am a republican and go is Mr. Darling. Mr. Dittennoefer—He was always your dreaded rival, however. Justice Duffy (decidedly)—Here, here, gentlemen, this will not do, I will not permit politics’ to be intro~’ duced in any manner in these proceedings. Mr. Dittenhoeffer held that 1 was immaterial what: were the entries on the books and whether they were’ subscribed to uuder oath; that would not constitute perjury. + After an argument between counsel Justice Dufly de- cided that abything in the report which would have a tendency to mislead the officials at Albany or the pub- Ite would rightly come under the offence charged. i Mr. McDonald then read from the bank ledger a counter statement of the assets of the bank on April 8, 186%, The entries showed on profit and loss account showed,g@n eet 1871, cash on hand not deposite in bank $178,395 On the cash book that item stood’ $280,191 27, a difference between the two items of $106,596 24. The witness went on to show from the books that a deficit of gtiyed existed for years and ‘was never reported, and all this time Mr. Darling was auditor, secretary ad interim and a prominent trustee, | The book~ further exhibited the fact that the real es- tate of the bank, which was about $100,000, was increased by a false entry to $200,000. Among the items of assets was an item of $113,000 of interest due but not collected. Thisthe books showed to be en- tirely false. This very item showed upon the books as a loss, and should have been charged to the profit and loss account. At this stage an adjournment was asked for by the counsel for the defence, They aesired that the case go over until Monday next. Justice Duty said he could not grant such a request. The caso must go on without needless 5; was important that it should) The statute of himitations affecting this proceeding would ex- pire onthe 14th inst. If be should deem it necos- sary to hold the defendants after hearing all the evi- dence, he wanted that the case in that event should be in the hands of the Divtrict Attorney in proper time, Ho would, therefore, set down the furthor examination of the case for to-day at three P. M., and, if necessary, he would sit until midnight to hear the case through. This ended the proceedings of yesterday. Mr. Darling came into court before the adjournment was taken, ‘The papers in the cases of John Lyon, Daniel Bates, David Morgan and W. 5° Carman, all charged with — ury inconnection with the Third Avenue Savings sank, are now in the hands of the District Attorney. THE WALLKILL BANK DEFALCA- TION. Tho interesting revelations in connection with the management and managers of the Wallkill National Bank continue as the examination into its affsirs, be- fore Register John W. Little, No. 4 Warren street, proe gresses. It bas been shown that quite a large number of per- sons deposited bonds in the bank for safe keeping, and at the time the bank failed all of the bonds, amounting in the aggregate to about $80,000, had disappeared, Dummies to the extent of over $100,000 were found, The original capital ana surplus of the bank at the time that Gralam was made President were over $200,000, Dut all the money, security, bonds, &c., that were found by the cxaminers after the failure amounted to Jess than $100, a large part of which was in matilated currency, This represented ail the fuuds that the bank possessed. When Graham assumed the Presidency of the bank he did so withthe understanding that the capital should be increased. The capital bad all been id in. Tt seems that Alfred Slawson, the teller, several times rfoticed tho discrepancies and irregularities which occurred on the books, and as often called the atten- tion of the President and cashier to them. Graham and Horton, the cashier, did not like to be thus inter- , fered with in their schemes, and one day Horton in- formed £lawson’s mother (hat her son was ‘a very good boy, but if he wanted to retain bis piace he must do as he was to'd, and pot meddie in matters that did not concern him.’’ After that, through fear of losing his situation, Slawson kept his mouth closed in relation to affairs connected with ‘bad bookkeeping.” The evidence shows that Graham was a habitual poker player, and whenever he lost in any ame in which he’ participated he would pay 13 debt by bank draft on some New York correspondent of the Wallkill National Bank. signing it as “President.” No charge was at any time made against bis account on the books of the bank, however, This shows what complete power he had inthe control of the books and what perfect confidence the directors had in bim. When Graham was State Senator he secured for a New York politician the position of Harbor Master of New York. This was done with the proviso that the person for whom he obtained the appointment should pay to him half of all his fees. The Harbor Master performed his agreement | faithfully during the time that he neld the appoiut- ment, and when he went out of office Graham attempted to force him to continue to pay the monthly stipend, ‘The examination will be continued mext week. BUSINESS TROUBLES, Messrs, Samuel Shetbar avd Martin Bates, of the committee of creditors appointed to examine into the affairs of Henry M. Silverman, manufactarer of furs and caps, of No. 554 Broadway, who suspended Wed- nesday, have found that the liabilities amount to about $240,000 and the assets are estimated at $130,000, They believe they will be able to pay thirty or torty cents on the dollar. A meeting of the creditors of Fairfield & Trask, but. ter dealers, of No. 150 Chambers street, who made an ausignment three months ago to M. Foisom will be held on the 16th bee Roowert bite A. Co,, $7,680 35; , $7,580 76; 0. FP Tretzen, $6,132; Merchants Exchange National Ban| Ag) wemeyer Brothers, $5,461; Pacific National nk of Council Bluffs, poral Importers and Traders’ National Bank, $4,830; Delamater, Cumings & Winser, $3.b44, ‘The liabilities io aires ‘olby, in merchants, at No. 66 Pearl has been adjndged bankrupt oa the pe- tition of nine creditors, whose claims amount to — The following are the Fp petitioning tors :—Robert Craig & Co., $19,530; Brown Brovh- ers, $9,000; Bell & Stuithers, $8,063'10; Harper & ayn $7,979 40; Merchants’ "Bank ‘of Can corn Exchango Bank, $6,000; M. Morgan’ ns, “ Mr. Samuel Shethar, the assignee of ree & Co, baad Beciiton cos ped 5 10 one $! 00, last Sans ounLiN, 10 over to pay the first ‘dividend. smeauntiag 40 ten ber Ona during the present month, ‘The continuation of the examimation of Henry Stein, [CONTINUED ON NINTH PAGE.)