The New York Herald Newspaper, March 7, 1876, Page 8

8 THE COURTS. Opening Day of the March Term in, the Courts. A BUSY DAY AND WHAT WAS DONE Bringing Delinquent Jurors Up to the Chalk Line, HR. O'CONOR AND THE TWEED SUIT. iene Another Chapter in the Bleecker Street Railroad Suits. Baber m miniaturc, more than anything else, were ones presented on the opening of the courts yes- morning for the March term, It looked very much as though the lawyers of the city were out in full force. Nearly every one had his bundle | of legal papers and a busy, anxious look, as | though very important results depended upon bis movements, Each court toom was crowded to its utmost capacity, ineluding not only the | opposing counsel in the multiplicity of eases on the va+ rious calendars, but jurors who had been summoned to sit as arbiters in cases awaiting legal adjudication, Mach curiosity was evinced to know how the lawyers would act in regard to the Tecent resolution of the Bar Assocation directing the lawyers to rise and stana while the Indges of the various general terms came into court and took their seats on the bench, in the Supreme Court, General Term, a rather weak attempt wi made to comply with this new regulation, but as the court room was donsely crowded at the time, and most of the lawyers compelled to stand for want of seats, the grand formality failed to carry with it that im- pression of respect and dignity that otherwise might have aitended it, In the General Term of the Su- perior Court the eflort was a little more successful, but jn the General Term of the Court of Common Pleas it was wholly ignored. Some lawyers talked quite ex: citedly over this attempted innovation, As already intimated, it was a busy day yesterday in the courts. A good deal of time necessarily, however, was consumed in calling the calendars, It was a bad day for delinquent jurors, fines of $100 each being rigidly imposed upon ali who failed to respond to the talling of their names. In the Supreme Court, General | Term, Judges Davis, Brady and Daniels, occupying tife bench, no decisions were rendered as anticipated, but itis understood that they will be handed in to-day with- out fail, b During the day three appeals were dismissed default aud foar cases were argued, the Jatter being imple appeals from orders and embracing no pomts ot any public interest. In Supreme Court, Special Term, Deiore Judge Larremore, demurrers were argued in the suits of Langdon vs. Phelps, Hogg vs. Pentz, Claflin vs, Smith, and Lebmaier vs. Locke. These cases also in volvef no questions of public interest, but were wholly dry and tecnnical, Judge Larremore took the papers, reserving his decision, Judge, Donohue holding Su: preme Court; Chambers, rattled through bis calendars La very lively rate, calling no less than 309 motions and Oxing the times to bear them, in addition to hearing two or three important motivns, the principal one be- ing in regard tu the Bleecker Street Railroad, In Su- preme Court, Circuit, Part 1, Judge Barrett optered on the trial of the suit of John J. O'Brien vs, Joseph D, Browning etal. The suit is to set aged fraudulent conveyance of property, and was not con- clnded when the Court adjourngd. ‘Judge Lawrence, holding Supre:ne Court, Circuit, Part 2, tried the case | ot James F. Briggs & Co. against William M. Thomp- | son, The suit was on four promissory notes given fn payment tor all which it is claimed was of an in- ferior quality, The maim question was one of guarantee, The suit terminated in a verdict for $15,962 70, in gold, Judge Van Vorst, holding Supreme Court, Cirenit, Part tried one case and partly tried another. The suit tried was one brought by Herman Winehaus against tbo city for $2,500 damages, on account of injuries su: tained thrgugh falling into’ an excavation made for a A veraict was given in bis favor for $650. The | ether suit was thal of Charles S, Roberts et al. vs. Charles Helsendesch et al. The question to be ascer- tained is whether the latter obtained gobds through fraudulent representations, : In the Superior Court, General Term, he'd by Chief Justice Monell and Judge Sedgwick, the expected de- Cisions on cases argued at the last term were not ren- dered, but it is stated they will be given next Monday, The day was m hearing peals from orders involving mainly Bice. Judge Sanford, who held Trial T the Superior Court, this being bis first sitting at Trial Term since his election as Judge, had quite an inter. esting case beiore him, but it was by the merest | chance that he was able to iry this case even. Outof ® panel of 100 jurors only twenty-lour answered to their names, and of these twenty-four twelve had to be excused, leaving just bare jurors enough to try the | ease, Ho, however, ordered an extra panel of 100 to Meet furureemergencies, The case, the trial of which was commenced, Was a suit brought by Mary Brierly, administratrix of Lawrence Brierly, against Michael mages On account of the killing of ber husband. 1 ased was a shoemaker, living in a house on Fortieth street, between First and Second avenues. ‘The defendant was engaged im biast- ing when a fragment of rock, weighing some 300 pounds, from the blast, struck the side of his house and, crash: ing through, hit the deceased, who was working at the time at hia bench., This oceurrec ou the 3d of August, The untortunate sictim of the casualty hogered in agony until the 24th of January following, whem ho died. The plaintiff was represented by Messrs, Baker & Russell and defendant by John A. Grey. it 1s prob- able that the trial will occupy two or threo days, The detence is a general In Part the Superior Court, bh abupdant jurors in att the caiendar awaiting trial, but no lawyers were ready, and a compulsory adjournment without doing any: thing was tue result. ance that came belt Term of the Superior grauted, for s comm Connecticut in the su Athiwtie Mutual Insurance ‘ n Pleas, held by Chief Justice Daly and Judges J. F. Daly and Van Hoesen, several decisions were handed in of cases ergued during last term. The most important of the Gecisions was that m the suit of Helen 1. Grinnell against Frederick S. Kirtland others, the point of importance being that the suit arose upon’ the quesiion Of right of ttle to a stre jy Known as 156th «4 a portion ot John W. Aadu , the widow of the petween her two sons, ubon, she conveyed Trial Term of , there were The only thing of any import- Curtis, holding Speeial rt, Wasa motion, which was sion mine a& witness in Urm against the the estate of the celebrated .bon. In 1851, when Mrs. naturalist, divided the estate | VietorG. Audubon and John W, y ali on the north side of the centre line of 10th Street to the first named son, and ail south of this centre line to the latter son, In the suit in question, the street never having tted as a public sireet, the sm respective ownership to the cent rdance with their re. Apective deeds, the phun tng Utle under Victor G Amdnbon and the defendant his Ute under Jobn N Autubon. Chret Justice Daly, who writes the opmnion in the case, holds that it does not necessarily Jollow that bee Mrs. Audubon bounded the lands conveyed by her to her two sons up ith street the effvet ol arght of extent of the dr not by the public authoritie then goes on to say that it w Commissioners’ map of 1807 the possibility that i mi; ublic authorities and te Anda made out anticipation o bat bighly probat the Com) whether it was a sa public street jan down upon the street, in view of be acce by the jaid ont her possible, asmuch as who had AY out that part of and in the deed of the Jaud conveyed to toe plaintiT and bounded Dy the north line of Li6th street, the street 1s 4 NOt to be opened of lard out, no assesenieni, ti Of right of way to the whole extent of the designated upon the map of 1807 of 16th ever acquired by the plant under the ayurd o dubon or by any dedication or acceptance of it asa 008 into a further history of the case, the have already been publisbed, and tually udgment of the Court below, This Court also aifirms the judgment giver ogninst the Belt Line Railroad Company in (he suit of Jennie Parmly. A car in which she was riding was in danger of being run into by an express train, and im jump. Ing out to save hersoll she sustained the injuries on account of which the sait was bronglt, In the suit of th missioners Correction against Jobn MeGarvi who writes the opinion, examines at legat meaning of the word town, as appearin statute books, He holds that a city—the same having expanded from @ town inte a is iegally in cluded in the same town, and that all statutes having was Mire. Charities and Chet Justice Daly, the feference to towns have equal application to erties. is question being the priucipal o: ‘olved in the suit, the Judgment of the Court below is affirmed. Mr. Aaron J. Vanderpoel, the lawyer, is in good luck. The eral Term, Judge Robinson writing the 8 that he is entitied to receive trom the the amount ot bis bill rendered tor y and 1874 in Trias Term, Part 2, of ¢ art of Common Pleas, was commenced the trial of asmit brought by August Stiver aga George A. Leavitt & Co. to recover $300, the alloged value of two oil paintings, entitled respec: tively “Sunet on the Susquehanna’ and “Sunset on the Betaware,” sold by the er firm at auction. The plaintal alleges that he lett with the defendant twenty pictures for sale, aod as they did not bring satisfactory he bid them in himeseit, when ali but the two named were returned to him. The defence is tures in question were sold by mistake, Jud that their aggregate value did not exceed $40, NEW YORK HERALD, TUKSDAY, MARCH 7, 1876—TRIPLE SHEE}, and the wrongful taker of its monoy the fruits of their | continued. Tho meeting book of the attending com- | Vanderbilt et al—A crime because it has also a remedy against its azent | mitteo of the bank, whose duty {t was to audit the ac- =e other side, who paid ite money in good faith to the party | vonts of tho institution, was offered inevidence. If By Jndge Donobue, who criminally deceived it? Was not the con- clusion obvious? : as to the im that | was objected to by the defence, The objection was Mooney va. Leventritt, &c.—Judgment for plaintif. ppeared for the plaintiff and Messrs. Miller, & Opdyke for the detendant. As the case pro- sees Some interesting tesumony is expected from expers Judge Van Brunt held Chambers of the Court of Botice of suttiement of decreo should be servea of two Common Pleas, but no cases came before him of any special intere THE TWEED CASE. THE MOTION TO DISMISS THE PROCEEDINGS DENIED—MB, CHARLES O'CONOR DEFINES THE GROUNDS OF COMPLAINT. The trial term room of the Court of Common Pleas was yesterday crowded to the doors, attracted not only by the Tweed case, in which suit {s brought for the recov- ery of $6,000,000, but by the presence of Mr. Charles | U'Conor, the senior advocate on the part of the people. | Mr. O'Conor, who occupied a seat next bis associate, Mr, Carter, looked remarkably well, considering bis recent severe and ulmost fatal attack, and seemed to | take the deepest interest m the proceedings, He | listened attentively to the evidence as detailed by the | witnesses produced on the motion by de/endant’s coun- sel to dismiss the case, and though rarely taking part | in any brief discussions that arose, his manner was | nevertheless marked by his usual vigilance. The first witness called was Mr, Edward J. Lewis, the | son-in-law of Mrs. Watson, Who was examined at some _ length as to the suits against what is known as tne | Watson estate, Ho, as far as his knowledge went, gave the disposition of the property enumerated, | Mr. Field interrogated the witness in relation to Mrs. | son's written testimony, Mr, O’Conor objected to the question as incorrectly sotting forth what had taken place, Mr. Field demurred to the statement that he had misrepresented anything. He had only read from the testimony, Mr. U'Conor—You had the paper, but I did not understand you to read from it, and I was present | when the evidence was taken, Mr. Field observed that it was not his fanit if the | counsel's memory was detective in regard to the testi- mony. Mr. O’Conor—I must take the liberty of saying that your representation of the tesumony wus incorrect. j Some discussion eusued as to whether the witness | could be interrogated about a communication he made | to Mra, Watson about making a settlement of the vari- | ous suits, ‘The next witness examined was Mr. John H. Strahan, the counsel for Mrs. Watson in the suits taken against | W: her estate, and described the various interviews he had | of a right admitted of both a civil and criminal | est,” an had with Mr. O’Conor and Mr. Peckham in relation to | remedy, and the right to prosecute tho one was not | them, Mr. Isuac 8. Barrett, of the Comptroller's office, was examined after the recess and proved that the judg- | Pee gal Mrs, Watson in favor of the city was $55, oo | » William HH. Dykeman, also of the Comptroller's | office, Was next exumined and stated that under the | act of 1870 the sum of $6,312,000 worth of bonds were | issued and they were cancelled as they came in. | The evidence on this part ot the case having been | concluded, Judge Westbrook intimated that he would | Ot pass On the question of damages, but that he would | deny the motion to dismiss the complaint, Mr. Carter submitted that there bad been several lines of evidence adduced for the purpose of establish- ing the case of the plaintiff, the issue being on the point whether the defendant, Tweed, was guilty of setting up | and procuring and aiding aud assisting’ in the setting up of fictitious bills agaist the county of New York, 10F that was the gist ot the charge. Counsel reiterated the grounds of the complaint against (be detendunt, and contended that, both by the positive proof already given and the circumstantial evidence which had been adduced, the claim made by the plaintiff could not be disputed ou any reasonaole ground. It had been proved | that Tweed, tor a long time prior to the Audit act, was Supervisor of the county, and was, presumably, ac- quainted with the condition of the county's aflairs, ‘There was the tact that alter that, after the passage of | | had'been in the hands of any city oflieiak | there were undoubtedly grav | ery must be limited to the injury Again, | the alleged release of some of Tweed's cocon- | | Spirators discharged all, Judge Westbrook said it was not urged that either Keyser, Garvey, Ingersoll | or Connolly had paid aay money or obtained a jormal release trom any person. ‘The most that could be sata Was that certain influential ertizous who had been con- | Spicuous in these prosecutions had promised them pro- | tection, No person authorized officuily to make a | promise had made any, and the entire absence of any | consideration would make any a medum pactum i | m: A covenant not to sue one of the joint obligors | or promisors does not amount to a release, but is a | covenant only. In regard to the estate of James Wat- | Son, it was conceded that the re not embraced in this action, and wiiie Mr Keyser had placed property in the hands trustee to secure the city, such deposit was his own act, and po part therof As to tho wot of 1875, under Westbrook said ons to be here- ) ty discuss them alleged unconstitntionality of 1 Which the action was brought, alter considered. He had had in part in the case of the People against Field, and to that opinion he referred. At any rate, the General Term of this district bad passed upon these questions in fayor of the constitutionality of the Jaw, That di cision was binding upon him and mast be followe: Judge Westbrook then considered the question wheiher the accounts of the Board of Audit Were judicial iu their character, Judgo Westbrook added that the damage which the wrong has caused can be recovered, though the party sned did not re- | corve ali its traits; but that did pot cover anything bat the damaze—not what the county justly owed ard could have been legally entorced against it, The frand was in the addition to houest demands, aud. the recoy- So the Court of Keyser agatnst Appeals had held, But the claim the county could not avail Tweed, being for other un- adjusted claims than those drawn, tor which warrants were boon eriminaily p aimed against wb The tact that Tweed action could be mai cil capacity. ihe prosecution, he said, assumed the point to be proved. Tbe Board of Audit was undoabt- edly called upon to exercise judicial tnoctions, Mr, Tweed did not actus amember, Instead of this, as the evidence tended to prove and ‘whicli the jury must di he corruptly. agreed to nak js On this ground tho General Term, in this | very case, held this action mamtaimable, Judge West brook also held that Tweed was not entitled to inimunity asa judge, because of his being interested, statutes declare that ne man cap, under such cirenm- stances, sit as a judge. what damage could the plaintit recover, it any’ The General Term answered this by saying that cach con- spirator being lable individually was Ho bar tothe civit remedy. Ihe Code expressly provided that a violation merged in the other, Mr. Judson Jarvis was briefly examined on the sub- Ject of the arrest ot Connolly, Mr, Field contended that certain special questions shonid be given ww the jury, a proposition to which Mr, O’Conor objected. urtthen adjourned unvil this morning, when the summing up will commence. BLEECKER SYREET RAILROAD. Litigations growing out of the appointment of a receiver of the Bleecker Street Railroad continue to engross a good deal of thqattention of the courts, In Supreme Court, Chambers, yesterday, before Judge Donohue, was ‘argued the motion for an attachment against Jacob Sharp for ‘alleged contempt of court. Mr. B, L, Fowler, who appeared for Mr, Alavn 8, Southworth, the recerver, explained as the basis of the motion the interference of Mr. Sharp with the receiver, He went on to say that Mr. Sharp was by profession a | manager of corporations in the city of New York, | and trailicked in such business; that it was his profes- sion to control corporations, by fair means or foul; that his motives must betaken into consideration when overy was for demands | Jndges for acts done by them in their ofli- | But | and the | ‘The remaiming question was, overruled by the Court ana an exception given. Mr, Darling was chairman of this committee had signed all their reports, and it was therefore heli by the prosecution that he must have been thoroughly | conversant with the financial condition of the bank at the time the false report was made by him and Mr., Green to the Bank Superintendent, The minutes of several meetings were read by Mr. MeDonald and ad- | Next was offered the minuto mitted as evidence, book of the Board of Trustees, The detence again ob- jected, and held that the secretary, Mr, Bivins, should be placed on the stand to prove the contents of the ok, stead of haying them read by Mr. MoDovald. ‘The objection was overruled, and the Court was asked by what authority such evidence was admitted. ‘The Court replied tnut the object was to learn all the facts in this case, and as these minutes were, he be lieved, Becegwary 10 a proper understanding of the case he would adtnit them. The witness then rend the minntes of a meeting of the trustees held mm 186¥, to which objection was rawed AS not being pertinent to the charge against tho de- fendants, which referred to the conuition ot the bank in } Mr. Fitch said his object was to show by these minutes that $15,000 mentioned therein was 3 hability when it was credited therein as an asset. The | report of~anotber meeting in 1870 was read, to show that the $13,000 named was improperly increased, to $113,000, and put down also as un asset. The defence held that the Court in admitting these reports or statements might as weil offer to prove In a case of petit larceny an offence previously committed. Mr. Fitoh held it was necessary thus to go back to the reports to the Bank Department in other years to show bat the alleged fatsitied report was not made through ignorance, and it wos simply the result of a Jong cone Linued system of falsification of the books fora purpose, ‘The statement was admitted by the Court, who con- sidered it an official paper of the bank. The detonee then explained that the $13,000 and the | $113,000 were items of ued interest on the assets not paid, and were conunued trem one report to the other to give to the persons owing it an oppor: | tunity to pay. The witness held that these amounts could not have acerued from the assets even as git | in the books of the bank, and quoted from the accounts, facts and figures to prove this, and to show that the mn- torest could, under no cireumsiances, shan 8,718 20, "The item of $113,000 wi books a8 4 “suspense account;*” but plained that (his meant aceraed interest on money duc and uncoliectable. Mr. Wakeman (correcting the witness) —Acerued in- terest, “due and unpaid. The witness held to bis definition of ‘accrued inter- in this connection the defunce brought out tpat the witness was never connected with any bank; netther had be ever examined officially the avcounts of | any bank of deposit, suspended or otherwise, but he | had of banks of is: He bad, however, been an acy | countant lor forty rs, and bad ther ways made | himself famitiar with accounts of every dexertption. | The Court consiaered the witness entirely competent, | and so did the deconce; but they did not consider him | an expert on the question of usage. Celis 3 to usage, Mr. McDonald said, the acerued mtorest above | alluded to should have been added to the lability ac- | count; but the custom of the bank was Lo leave i} as & | Separate account, and called “*suspense account, ”? |. Here both sides succecded in mixing tp the real ques- | Hon at issue with others. To expiain b position Mr, | Fiteb said that the $113,127 46 alluded to and put up- } der the head of resources, was lost in Atlantic and Pa- | cific Mail; that Green was on the committee to report 1o.tho trustees copcerning these losses, and that Mr. r] Darlin participated in the meoting called to receive | so that be could not fail to know bow the the report, | false entries were begun and continued from year to | yoar. ‘The question was as to the admission of ‘the re- of this committee. The Court concluded to re- cewe the report for bis own private | i | mation, thus preventing its being read aloud | by the witness. =The witvess next produced the account book contaming tbe expenses of the bank as kept by the auantor, Mr. Darling. There- Several other items were discovered of as I understand it, is intended as such as is | for. | in it appeared that one item of expense was $154 tor | Parker ys. Hoff.—Case settled and signed. SUMMARY OF LAW CASES. Mr. Herman Ubi, receiver of the German Uptown Savings Bank, has been permitted by Judge Donohue to deter the payment of second dividends to depositors until be has realized suMcient to pay at least twenty- | five per cent. The United States Grard Jury will, it Is understood, | Jaa, i tes Circuit Court, ge Bonedict, m the United Si criminal branch. | August Kline, arrested in Trenton, N. J., charged | with complicity with August Philp in defrauding the | government in obtaining money on false claims for | pensions, was taken before United States Commis- | sioner Shields yesterday and held m $2,000 vail for | tra | Motion was made yesterday in the Surrogate’s Court, before Surrogate Van Schaick, by Mr. John McKeon, on behalf of Mrs. Emma Eldridge, contestant of the will of the late Mr. Barmore, to have the letters of special ad- ministration and eollectorship granted to Moses B. , Maclay in that estate revoked, on the ground that he ts | @ party in interest. A further hearing of the motion | willbe had on Wednesday next. COURT OF GENERAL SESSIONS. Botore Judge Gildersieeve. AND STILL NO ROOM. Part 2 of tnis court was yesterday called by Judge no room having yet been provided for its accommoda- tion. | the same Judge, The proceedings incidental to the | opening.ol the court were promptly carried through, | Re Grind Jury was empanelled, with Mr. John Hall, of No, 550 Fifth avenue, as foreman. Judge Gilder- | sleeve delivered a charge, 1m which he called their at- tention to the special statutes relating to gambling, the | sale of steamboat tickets, the infractions of the Excise Jaw and the hke, A DANGEROUS DOMESTIC. Mary J. Roe was placed on trial charged by Austin D. Rw of Spuyten Dnyvil, with arson and grand | larceny. On the 4th of September the family of Mr. | Ewen, by whom Mary was hired as a servant, dis- | |-eovered flames and smoke issuing irom a closet in the | second story of the house, They succeeded in oxtin- gushing tho fumes, and upon examination discovered that clothing whieh had been stored in the room present a bateh of indictments this morning before Gildersioeve and immediately adjourned for one week, | Part 1 was then opened for the March Term by | susuee cay ane . Fr Hoesen.—Nos, 35, Tl, ci 103, 107, 1 ie 124, 126, 127, \ Me a dan tae OO lhe alee ca eat Rese fe aaa a Alker. 12, 6440, Se aS Sew ee 0s, 110, 111, O84, 6507, 6777, 5845, COURT OF GENERAL Sassions—Held by Judge Gilder- sleeve.—The People va. Andrew Lappin, burglary; Sane vs. John Bansteld, burglary; Samo ¥s. Wilita White, burglary; same ‘vs. Joseph Wilson and Joba Gillen, burglary; Same v8. James Haggerty, grand lar- ceny; Same vs. Alphonse Adolph, grand larceny; vs. James £. Murray, grand lareeny; Same vs. Joseph P. Shannon, grand larceny; Same vs. James Quinn, grand larceny ; Sate va. Joseph Gibson, grand larceny; Same vs, Mary M. Tingley, forgery; Same ve. Adolph Lewis, false pretences; Same vs. Frank M: at larceny ; Same vs. Charles Wil i a ems vs. Susan MeCann, petit larceny; ‘Same vs. James Mc- Gowan, petit larceny; Same vs. John Downey, peti! | | | larceny. , } PACIFIC MAIL, SERIOUS CHARGES OF MISMANAGEMENT—s STORMY DIRECTORS’ MEETING YESTERDAY. Yesterday morning, at the Windsor Hotel, a meeting was called of the directors of the Pacific Mail Steam- ship Company, the unfortunate concern whose stock has fallen within the last thirty days from $39 87 3¢ to $20 per share, the latter yesterday's price. This meeting, | strangely enough, is the first of a formal character which has been beld for about nine months, and the President, Mr, Sidney Dillon, and directors, Messrs, | James D, Smith, Rufus Hateh, Jay Gould and one | other, whose name could not be ascertained, were the | members present, The meeting was strictly private, | but from an authentic source it was learned that it was ofastormy character. A report was made showing that the company had a floating debt of about $2,300,000, and a proposition was made that bonds of — | the company to the above amount should be issued tn order to tund these obligations. To this | startling proposition | MK, RUFUS HATCH OBJECTED | in the strongest terms, It is reported that he told his | codirectors that when he was managing director of the | company there was no floating debt; that bills were | properly vouched for and audited in @ business-like | ; that directors’ meetings were every week | andaateumnes every day, and this ah first meet- : y | ing o1 the months. In conclusion the company to the bottom, and demanded, within a. | expressed his determination to gift the condition had been removed before the burning. Soon | Week, from the difectors taking the report, a sworn | good: statement as to its truth and bony character. eee poueee on tre is as Some majority of the directors were evidently willing to in- hidden beneath Mary’s bed aud another portion in a heater in the’ hallway. When arrested Mary | pleaded guilty to having removed the goods, put denied having set fire to the premises. After Mra, Ewen and seyoral othor witnesses had been placed on the stan | by Assistant District: Attorney Rollins, Mary pleades , guilty to grand Jareeny and was sentenced to three years’ continement in State Prison. RIVER PIRATES INDICTED. The Grand Jury yesterday found indictments against John Lowry, Charles Myer, alias Watty, and Matthew Ryan, the river pirates arrested by Captain William: and officer Musgrove. The calprits will probably be | Drought to trial at once. TOMBS POLICE COURT. Before Judge Murray. WAS IT A CASE OF ARSON? There ts a tall double tenement in the rear of No, 181 i \ | | | Liverty street, Under its roof are domiciled twenty: | | four famihes, They are mostly working people, Irish | and German. Some of the boys who live in the house, that law, there was but one meeting of these Auditors, 2,000 cigars. | a8 wellas many of those who reside in the neighboring Lies jacts that Mr. Tweed himsolt forged at which they a resolution distinetly susceptibie of the interpretauion that it was intended there should be no auditing of these | bills; that they should be put into the bands of Watson and autheoticated by the signature of tweed, Counsel submitted that the testimony was conclusive that in every case Tweed received twenty-live per cent of the principal of the bill, no matter how high the per- centage was raised, and that Woodward was the dis- trebuting reservoir, and that wherever there was 4 | Garvey bill precisely twenty-five per ceut of the principal | was deposited in the bank to Tweed’s account. Counsel also contended that there could be no higher kind of proof than the fact that the witnesses for the plaintiff gave a certain principal on which the percentages were made; that this principal, taking the bunk deposits, worked out either way, percentage or principal, an that no proof was offered on the other side. The only answer was that Mr, Tweed was sued for too much; but no offer wus made to pay on the amount for which he might be lable. The only other answer was as to | relieving certain parties from pure provided | they the plaintift! «to at the | principal wrong doer, The next was that Tweed was imprisoned for rand fined $250, and these defences were so strongly relied upon that they objected to the use on the piaintils awarding punishment for this contempt; that in this | the same nature, such as lunch for clerks, which on case he sought to procure the defeat of the receiver ap- | one occasion came to $15, After some further testt- pointed by the Court and obtain possession of the prop. | mony by the witness bis cross-examination was com. orty Without the usual judicial course of procéeding; that | Menced by Mr. Lewis, for the detence. The question: | prior to the appointment of a receiver the Bleecker Street. Railroad Company had been permitted to lease the railroad, providing that the consent of a Majority of the stockholders could be obtained; that that consent, notwithstanding the order ot the Judge now trying the case, restraiving the defendants from interfering with the receiver, and that he, in contempt of that order, proceeded to get the consent of the stock- holders to the leasing of the road, Juage Donohue—that was not mv order,” My order has not been respected by either party. My order ap- pointed a receiver, and a different order was obtained appointing some one else as receiver, The latter is the order you refer to, not wine, : Mr. Fowler—That is the order I refer to, which re: strained any person from intermeddling with the re- ceiver, To obtain the consent of the stockholders was contempt, but be thought any act which would Jeaa thereto was a contempt of the order, and he felt bound to.urge punishment irom the Court tora violation of side of the declaration that there was no defence, The proof was conclusive that none of the bills were ever audited, and they stood wholly unproved tor the de- Jendant. Counsel argued that the act of cach of the conspirators was attributable to all and each, been contended by the def ’ counsel the detondants’ counsel was no! a ajndge, He was not a judge, as he did not audit the | bills, Kach and every one of the acts done in passing | the fraudulent bills Was wholly foreign to the act of a | judge. | Mr. O'Conor stated in reference to the question of damages that, if the defendants made no audit, they left themselves without legal shield, and, consequently, the entire amount on actions of tort was recoverable. They had turnisbed some value to the plainuf, bu could not claim compensation. It was not to be sup- posed that any one uf these persons would make com- | pensation for the whole sum claimed, | Mr. O'Conor then presented the following points as to damages :— { Itis not material to inquire whether vindictive or punitory damages might or might not be recovered, for the plainuft claims only the public money unlaw- tully obtained and simple interest ther The notion that Tweed 1s responsible share of the moneys which, by bis own direction or bye { with Nis associates, was delivered over to Liunsell, 18 repugnant to common sense and to all ac- cepted notions of justice. Though there can be but one satistaclion each Wrong doer is lable inan action against him tor the whole, This is one of the most familiar principles. Although there be bo hope of ob- taining Irom Tweed through execution on the jadgment even $1,000,000, 1 1s important that judgment be given against him for the whole amount; tor if the pluinum recover judgment against him tor $1,000,000 only, and should find and levy on property té that amount, Con- nolly and Sweeny might claim, with considerable plausibility, thatthe pubhe had had full satisfaction, thus exempting them jrum habilty. Consequently the only safe and legal course is to enter judgment ch for the whol restraining, never- on to the: at " with interest, ng, if any, Suould be made from the entire sun drawn outot the bank on the warrants? Ivere was no legal audit or allowance, and, conse- the entire draft was illegal and is in strict pie in this action, In equity cases, however, s of ort the gener measure of damage It the party toa w action Which constitu tio the injured party, a reasonabie and allowance for such benefit may be maue trom the mount of the injury. This does not arise trom any doctrine of ret-oll or in that nature. It results trom the reason of the thing,the loss and injury, Jess beneat, is the whole som justice can ‘ard as a compensation jor the wrong suilered. As lor the cuses of Garvey’s and Ingersoil’s bills, the Value to the pablic of anything received through them did not exceed LWenty per cent on th mount | It had | only for that ju ay | but tor passing it. its pepe In the case of the members of the Common Council—— Judge Donohue—You are wrong, and the case to which you would refer has no relation to this, The contempt was in the final act, and for that the Commou Council was punished—not tor offering the resolution, If Jacob Sharp commits an act of contempt he will be punished, but not for proposing to do so. Fowler then moved that the ease should be sent store a referee, bat the Judge did not see that there Was any oceasion for it, and reiused to make any such | order. 1 Mr, J. M. Scribner, for the Bleccker Street Railroad, | | then put in lengthy aflidavits of Mr, Conover, President of the Bleecker Siroet Railroad Company, and of Mr. | Sharp, President of the Twenty-third Street Railroad | Company, and was about to argue the case, when | Judge Donobue said that he saw no reason for arguing the case, on the plaintif’s own showing, the de- | fondant Was in trouble, and all that had been done was | ap attempt to get him out of the trouble. Mr. Fowler—Tbat is an assumption. Judge Donohue—An assumpuon on the facts as you have stated them. A receiver bas been appointed by the Court, and now, as an officer of this Court, he asks for powers such as bas never before been given to auy | receiver—namely, that the owner of shall not give hts cons erty. That ts the ca: THE LAWRE In the caseof the Un Lawrence, extradited from England on forgery of entries and oaths at the New York Custom House, Mr, George Blis, the United States Attorney for this district, has filed in the Cireuit Court of the United Stat before Judge Benedict, Special de- murrer to the rejoinder filed ia® week by defendant's counsel, The grounds of tbe demurrer are that the issue'tendered in the rejoinder is in any event im- material and insuficient to decide the jurisdiction of the Court here to hear and determiue the offences in the indictment laid to the charge of Lawrence, and aleo that the rejoinder 1s in other respects uncert = formal aud insuilicient. HALL, THE FORGER. Edward J. Hall, atias John Hall, the notorious forger, was brought betore Judge Morgan at the Washington Place Polies Court yesterday afternoon for examination onacharge of dttempting to negotiate one of the 4s stolon irom Owen O'Conner, the Wall siréet ratt- the property nt to the leasing of the prop- Hand tho papers up. ~ FORGERIES, bor road capitalist and speculator, in October, 1872. Mr, A. WH Purdy appeared toe ifali and ex man Cooper for the prosecuiy The affideyit of Mr, O'Conner was first taken. Jt set forth at on October 1 ked of his pocket was" pi a} tho 1 ad (wo sot the their bills. As to otier persons the ( would ty-mine $1,000 member the testimony, and that im no case did the Hannibal and St, Josept: Raiiroad ¢ at they: Vantage to the etty amount to more than thirty-five Were registered oHibe pe verttble cont, Ht particular mdividuals as, for instance, bonds numbered as iultows bh, OOK, Keyser or otter of (ie wrong doers, have claims against: * i, S4, . * or ‘the public, ior any onsuiluting # part of the charges ior which mente the complaint were issied, dent claims of the respective wrong doers are not proper subjects of seo of counterclaim or in any way proper deductions in this action, Judge Westbrook then rene his decision upon tho motion to dismiss the complaint, and after re- . under wisich catises ferring in general terms to the act of 18’ to the suit is and tu brought, i action submitted plant at it was y sto inquire whether each ‘YY averment in the complaint is sustained by proof to the extent charged. It was sufll- cient lo observe that the | ositive testimony of Andrew ‘ ames H. Ingersoll, John Garvey, Joun HL. K Milier and Jobu Kennard, of con- ions with Tweed and otoers, of acts and divisions of additions to aud swellings of bills, q plaint Was Dot st r ned in some partior Wars atleast, As to the delendant’s claim that there Was no proof that any of the biils in favor of A. Hall, Jn, A.W. Lockwood, tho Transcript Association, tho Hufacturing stationers, J. W. Smith, C, H. Jacobus avd b. Marrotier, amounting to $611,016 40 were ialne, and that the mon: utd not be re ered in this action, Judge that while bO Witness has directly tes he falsity of the eiarger there was ‘sutlicie to justity the submission items t Twas tir that Warrants issue to J. A. Smith, & D, Davidson, Halsey & Co, ana’ A. G. amounting to $2,078,471 38, were never in by the payces, and ‘that, consequently, the Which the Broadway bank pard was improperly aod that in judgment of Jaw it w in the conmty treasury, Jndge West; West titled 4 Miler, dorsed still axsumed the correctness of the plainti!’s allegations and positions upon the facts, for it was impossivle for him now to say that the jury woula not so find, As- suming that the indorsement of the names of the payoes Mpon the warrants was forged, the question was not beiore him whether a remedy did oF did not exist against the bank, but whether the money had been actually taken trom the treasury of the county. The remedy did not oxist against the taker. The warrants were bot drawn upon the Broadway Bank, but npon the County Treasurer at the bank. ‘If the jary found that the consptracy to defraud existed, then as the act of one conspirator im furtherance of the common object was the act of each, such finding involved the the ate names and himself obtained the money. Would it do to boid thas she county cannot fecoyer from the foraus, , of $1,000 " of $000 and ‘ibat they pocket while he was waiking mp ing the Sale Deposit Company wh ty seventh udtn last Hall rity street, obtained a loan of $400 from linn, g bond 3484, which he identifed as (be bond for the ai- tempted negotiation of rested which the prisoner wus ar- at No, 23 Nassau street, on December 24h last Mr bond question with) him low at oi the Mat Bank of North Amerie lection; but that the boy wav took the coupon returned, withat toere Was something wrong about the 1 that mquiries being set on foot it was aveer- the bond trom whiten the coupon bad been nu irum Mr, O'Connuty the affidavits bad been prepared and were entered the examina ton N. Orvis, idavit that nted the as collateral « that on March 1 $49 and sentitto th Atter ready to sign, Judge Morgi room and swore Messts. Grvis and Perry, who uifixed thoir names to their respective ailidavits, Mr, O'Con her was then requested to be sworn and sign hes atli- davit, bat here a strange diflieuity nrose, as he reiused to do so withont consulting with | his lawyer, giving as a reason that he could not swear that Hail stole bis bonds, and he might, in the event of Hal's. discharge, be sued laise’ imprisonment, Judge Morgan enfeavered to convince him that he was ouly swearing that stolen, and not as to who had stolen them, but Mr. O'Conner was obd and the examination was postponed until to-d allow him time to see his lawyer. THIRD AVENUE BANK. M'DONALD'S EXAMINATION CONTINURD—TRANS- ACTION IN PACIFIC MAIL—WHERE AND HOW THE FALSE ENTRIES WERE COMMENCED. The examination into the charges of perjury against William A. Darling and Spencer K. Green, ex-officers of | the Third Avenue Savings Bank, was continued at the | Fifty.seventh Street Police Court yesterday, before Judge Duffy, Messrs, Sewell, Dittenbooter and Wal man appeared for the defendants and Mr, Fitch for the Prosecution. {| MBs. MoDonaid’s examination for the proseoution “the act of coutempt complained of was im obtaining | intermeddiing with the duties of tue receiver, It may | VERDICT | De comtended that to grant the lease would be the ouly States against Charles & | were mainly with the view of shaking the direct tes- | timony of the witness and to make hiin correct himself regarding the figures by him submitted to the Court. | The efforts of counsel were not attended with success. | At seven P, M. Mr. Lowis asked for ap adjourn- ment, | Tho Court replied that it was bis intention to give | his decision in this case on Wednesday jor obvious | reasons. Un Monday next the time allowed to ex- | amine this case will expire by statute of limitations. | He wanted to give tune to the District Attorney in caso the latter should hold the detendants to send the cage | | to the Grand Jury It was thereupon concluded to ad- Journ until vo-day, at half-past nine o’c.ock, The | whole of the testimony will be submitted and the case | summed up. On Wednesday morning the decision will | be given. AGAINST A RATLROAD COMPANY. Yesterday in the Brooklyn City Court, Part 1, Judge McCue presiding, John Dolan sued the Broadway Rail- road Company for the loss of his right foot, demanding | damages in the sum of $20,000, Dolan was a boiler | inspector, and on the evening of August 30, 1875, was } si nding on the step ot one of their cars, which was ronged with passengers. The conductor, in endeay- it oring to pass the plaiuti, threw him forward so that — | his foot got caught under one of the hind wheels, | which crushed it so that amputation was necessury. | oat verdict was in favor of the plaintiff in the sam of 6,000, WAS HE A BIGAMIST Yesterday the Shields dower case was again brought into court in Brooklyn for settlement by ajury. The action is brought by Jane Shields, Jonn Gelson, Thomas Dougherty and Catharine Shields, executors of the will of the late Henry Shields, to pre- | vent them from making a disposition of the estate of the deceased, which 1s estimated at several hundrod ‘thousand dollars. The trial was calied in the Kings county Supreme Court, before Judge Gilbert. It was last tried in the Supreme Court, before Judge Pratt, in the fall of 1875, when the jury disagreed. | tiff, Jane, claims that she was married to the deceased | im 1834, at the residence of | one Patrick Toy, in Elizabeth street, New York | She alleges that they lived together for some | years, ull 1848, when he abandoned her. She | hext tearned that be was married to a lady, Mrs, Mar- garet Shicidg, in New York, and that he was rich, byt | she did not molest him, In 1853, however, Mr. Shields, arges of | through a relative of the plaintiff, bought her a house | in Grabam avenue, Brooklyn. Mrs, Margaret Shields was entirel: until tho will Was presented for probate. Shields was married to her at At. Peter's cnureb, Barclay street. Of this union eight children were born, nearly ail of whom survive their father, But little difficulty was experienced in obtaining a The only witness examined yesterday was Mrs. Mar. garet Westeriicid, the elder sister of Jane Shields, The witness is about eighty yy | she could not remember dates at all, Sue told the story of the early acquaintance of deceased with the plain The marriage certifeate was read to her in New Jersey shortly alter the coremony, the detailed the events of the Wedded lite of Shields and her sister. On the cross-exwmination conducted by Willtam A. Reach, the witness said:—"Katie, now Mra. onner, the dunghter of her sister snd Henry Shieh WAS SIX months old in 1848 when Henry ceased to vigit, his old home, Court adjourned until this morning. DECISIONS, SUPREME COURT— CHAMDERS. Donohne. Pronty ve. southern and Northern ianw Kailroad Company et al, —Order grante ter of Dyckman, Jud avings t for, Wobber,—Order granted denying don, renee, Jank.—I do not fod the Oe order whieh ts appl Appiarius, & movion ior an Matter of Winters —Phe paper purporting to bean | for affidavit of Mr. D. D, veritod. Marshall is neither signed vs, Dolan, —L wish to. bear counsel in regard allowance m this eas Heus vs. Door. —The atidarit of Te Vogten this ease has no date, nor Was the petitioner sworn. mm open eourt Nasi vs. The Mayor, &c,—Findings as settled, Goediner vs. The Mayor, &e.—Motion that commits. sien issue is granied on payment of $10 coms Matter of Opening New Aveuu feree coutirmed aud ves's taxa as BB oss Vs. Southern Ohio Coat a wish to see counse his oan sto erem specific L Iron Company.—I Hei Lartin prox What authority is there tor serving by man? Spobi vs. The Justices of the Court of Special yes sions. —In this case [have granted an order to Spoht's coansel why default should Hot be opened. §—GENERAL TERM. wil J. COMMON PL By Judges © PL iy, Robinson Daly, Rast River Twomly vs. ‘he Content Park, North a Railroad Compa Judgment atiemed, nuerpoot vs. Fhe Mayor, &—Judgment affirmed Salomon ve, Tannenhow et al—Order setting aside the judgment and execution affirmed, . Blees Sewing Machine Company vs. Maillard.—The judgment of the Gen ra! Term will haye to be modited ; #0 lar as itatirms the judgment of the Special Term may be wholly reversed; new trial ordered; costs to abide event New vs. Schermerhorn,—Judgment reversed, Willintas vs, Sloate, &c —Judgment aftirmed without Prejudice to action at law, withont costs of appeal. | | va Medurrin. —Order reversed. | Grinnell vs. Kirtland,—Jndgment affirmed. | Tone vs. The Mayor, &c.—Judgment reversed; new | tin! ordered; costs to abide the even | Melutyre vs. Meclntyre.—Judgment and order af firmed, with costs. | | COMMON PLEAS--SPECIAL TERM, By Judge Robinson. Winternitz vs. Mudge.—Motion to discharge order of afrest or reduce amount of bail denied, with $10 costs, SUPREME COURT--SPRCIAL TERM, By Judge Van Vorst. | | ‘Evarniahim wa against The plain. | her sister's husband, — ignorant of the existence of any such person as the claimant for dower | | &e,—Report of Fe- v.—This being a special statutory Hoard of Commissioners of Charities and Correction } tenements, are said tv be a wild and vicious lot, They gyre police constant trouble, On Sunday Officer Carey, of the high Bg ha precinct, while patrolling t was aiarmed by the ery of tire nis post late at nig! mentioned building, He ol from the above hasjened there immediately and found a quantity | of straw on fire along the entry and up the | test fight of stairs. The place was tull of smoke; but the inmates had not yet been disturbed. ‘The alarm was giveu ana section of men called from the Pace station and the flames were quickly extinguished. ‘0 following boys, some of whom were found in the im- mediate vicinity, were atrested:—James Walsh, of No, | 134 Liberty street; John Doran, of No. 155 Cedar street Patrick Bene, of No, 24 Thames street; Join Kav nagh, of No. 155 Cedar street; Peter Curran, of No. 157 Washington street, and W. Rogers, of No. 19 Albany street. They were taken before Judge Murray atthe Tomus Police Court yesterday afternoon, on a charge of arson. Thy were ali discharged excepting Rogers | and Curran, who confessed that they had lighted a pil- low full of straw to “give the folks a scare.” WASHINGTON PLACE POLICE COURT. Before Judge Morgan, VIOLATION OF THE EXCISE IAW. The following persons were yesterday required to Bive $100 bail each for violation of the Excise law in | selling liquor on Sanday:—Herman Eghn, No. 598 | Sixth avenue; Jeremiah Killener, Forty-second street and Park avenue; Jacob Goff, No. 71 Fourth street; | Thomas Weir, No. 116 Park avenue, and Thomas Ben- nett, No. 15 Carmine street, BURGLARY IN SULLIVAN STREET. Samuel Harrison, a colored man, residing at No. 57 Thompson street, was hold in $1,000 to answer for bur- glariously entering the premises No, 228 Sullivan street, occupied by Sarah Jackson, and stealing a small quar tity of underclothing. The burglary occurred on Sun- | day night, while Mrs, Jackson was at church, the | prisoner berng aided in the act by two men who have Dot yet beet rested. arrison was arrested early ing with the stolen property in his Possession, AN ARTIST KICKED. William H. Hilliard, the artist, charged W, C. Brad- | ley, of No, 396 Broadway, with assault and battory. He says ho called at Bradley’s picture store on busi- ness, when Bradicy kicked him into the street, Tho acoused charges ¢ Hilliard ciroulated im Hartford, Conn., some Teporis which were de! ey | character. Bradley was required to g | keep the peace tor six months. A NEGRO'S SKULL. Thomas Cannibeer, of No. 505 West Forty-ninth street, was held in $1,000 to answer tor feloniously | assaulting Harvey P. Poets, of No. 80 Thompson street, The evidence showed that Ieets, who is a deaf and dumb negro, while walking up Tenth avenue, was assaulted by the prisoner, who struck him twice on the head with an iron bar, two fect im length and one inch in diameter, The prisoner uttempted to strike a third blow, but was prevented by Officer McCormick, ofthe Twentieth precinct, who rashed up and stopped his npilited arm, The prisoner claimed that Peets at- tempted to stab him, and that he struck him in sel!-de- fence. The officer said that the prisoner mtended to kil the negro, and admitted that he Was sorry be had not succeeded. Peets’ testimony was taken through 4 nogro interpreter. He said he was now engaged m collecting funds to enable him to return to his home tn West Alrica. ie POLICE COURT NOTES. . Arthur McKeon, of No, 246 Division strect, was arreste! on Sunday in Nassau street, having in his pos- umber of books for which he could give no entisfactory account, They were subsequently identi. session a Hed by Rudolph Behrendson, of No, 202 Willinm street, as propert Jor burglar, At the Tombs Potice Court yesterday, before Justice Murray, ners ai) ‘on complaint of Mathew Stripp, of No. 9 Albany street, who chirged that the prisoner pointed a loaded ro- volver at his head and said he would take his lite. | MeCronry denied the charge. John MeCronry, a liquor dealer, doing buei- At tho Fssex Murket Poiice Court yesterday, Judge | Otterhourg held Peter Bohimmeyer tm $2,000 bail to | anawer a charge of burgiarionsly entering the saloon of Charles Proscher, at No, 36 Second street, Rein stealing four bi!lard balis and clothing valued at |. COURT CALENDARS—THIS | DAY. 7—CUAMnuERs—Held by Jndge Dono- 20, 40, 69, 79, 50, 54, 88, 48, 99, 100, LOB, 147, 161, 168, 64, 165, 165, 198, 213, S16, 31s, 21, B20, 821. ED 5, 6,1% Law and fact—Nox 250, 202, remore. —f 214, 407, 190, 264. di, 146, 149, 4 SUPREME Co! stolen from his premines. Yesterday at the Tombs Police Court, McKeon was held to answer . 14 Greenwich street, was held to answer ‘ovnt—srectat Terw—Held by Judge Lar- 80, 10. Cmcem—Part 1—Held by Judge | dorse the i aarti etc. but be | mined position of the ex-managing director | fuat adtion on iho bond issue. tis believed also that | the Irwin embezzlement matters also came up for dis- cussion, but nothing positive im this regard was agreed upon. “ Hatch was waited on during theafternoon at his | Broad street offtce, but he refused to speak to the | Hekatp reporter on the subject of the moruing’s | stormy meeting, saying, ‘1 am not ready yet to open | a discussion in the hewspapers 7 veither affirm not deny the reporis rife on Wall street.” Mr, J. D. Smith, another‘director, was equally reti- cent, and Mr. Sidney Dillon, the Prosident, had left his office early in the afternoon en roude tor Boston, Mr. Gould wrote a letter to the old directors, di lated the Feb 27, 1875, before he became a member of | Board, in which be promised “to see the com through financially.” This letter has already 2 nblistied in the Heravp, It looks as though he was k eeping his Word In seeing them through—bankruptey, THE IRWIN CASE, } THE DIRECT AND CROSS EXAMINATION OF EX- VICK PRESIDENT ¥. W. G, BELLOWES. The examination of witnesses in the caso of Richard B. Irwin, charged with the embezzlement of $750,000 of moneys belonging to the Pacific Mail Steamship Compuny, was resumed at 2 P. M. yesterday afternoon | before Judge Bixby. The court was convened in the | office of Vanderpoel & Green, the former of whom ap- | poared for Mr. Rufus Hatch, the prosecutor, while Mr. Irwin was defended by ex-Judge Fullerton, The at tendance was slight, bemg limited to those especially interested in the case Mr, F, W. G. Bellowes was the first witness called and examined by Mr. Vanderpoel. He statea that he had taken the six checks, amousting to $750,000, but had made no report of tho transaction to the Board of Directors; whatever directions I gave about the $650,000 check to Harriott & Noyes came from the President; when Mr. Stockwell handed me back the first series of checks Mr. Irwin was in New York and had been at the office that day; the four i checks drawn by the Pacific Mail Steamship Company | as follows:—Januury 20, 1872, $25,000 to the order | of the P. M. 8. Co. ; $40,000 to the order ot A. Master- ton, dated February 13, 1872; $35,000 April 19, 1872, | drawn to the order of A. B. Stockwell, and $50,000 | dated May 15, 1872, to the order of Charles Abert, | What you have jast handed mo [ will explain as fol- jows:—The last check you name for $5v,000, Mr. Abert | was in the office when it was drawn; Mr. Abert is@ | jawyer who was In the employ of the company; the | first check for $25,000 was paid to the credit of Mr. | Irwin; he was then in Washington, haviog returned | from San Francisco; the check for $20,000, dated | May 11, 1872, was also pard to the credit of Mr. Irwin, By Judge Fullerton.—I recollect Mr. Stockwell giv ing me a memorandum ordering the checks for | $750,000 drawn; the checks were handed to me after | they were drawn; I do not recollect whether I delivered | them to Mr, Stockwell or to Mr. Irwin; I do not recol- ject about the second set of checks; I have no recolleo- | tion of any conversation with Mr, Stockwell about destroying the first set of checks and drawing out another; Mr. Stockwell told me he had to draw the checks to pay away the mor to Mr. Irwin; Ido not recollect what he said abont this money; 1 knew it was to pay Mr. Irwin; I do not recollect lils saying to what use Mr. Irwin was to put | the money; I certainly mean to say that f assisted in | drawing out checks for $750,000, and knew that they | were to be paid to Mr. Irwin, 1 did not know what Mr, Irwin was to do with the money, but I had a suspicion; T believed the money was to be used in Washington; Mr. Stockwell had the power to use what money he wanted, and I had no scruples in drawing Hips on 1 learned from some letters that Mr. Stockwell me from Mr. Irwin that the money was to he spores in Washington; I gaye no directions that I rem about making the entries for these checks on the stabb; [remember after they were issued Mr. Stock- woll told me that the amount should be cha: to Fldridge & Irwin, agents; I recommended him to charge it to the China Mail subsidy, as I knew it wae expenses incurred in obtaining that subsidy; I beheve Mr. Stockwell told mo that {twas through Mr. Irwin's recommendation that it was chargod to the San Fran- cisco agency; I hed no idea that the money was ox- pended m any other way except that orderea by the | president; [ believed the $650,000 was not a loan to Harriott &~ Noyes, bat simply an- other scheme ot Stockwell, to be made Mr, Abert ty; the check for $25,000 went to Irwin; 1 do not know what became of the others; I do not know whether the new Board of Directors looked into the affairs of the company; 1 know Laid not call ther at tention to it; L recollect that the company’s account- ant submitted his quarterly accounts four times @ year; $500,000 were charged to the San Franciseo agency and $204000 to profit and loss; 1 do not re- member any director tn my presence making apy al- lusion to the eheecks referred to; the barge 1a the acconnt just banded me of $641,000 to agents and par- sers included travelling expenses; the report wag i Ty est repared at Mr. Stockwell’s req gy fna ae was a helps; L ceased to be pagans ha! nothing to do with making up the statement haye just shown me; 1do not know that the $750,000 appeared in the books alter May 31, 1873; 1 bad sone of tho letters that passed between Mr, Stockwell and Mr. Irwin in 1872 in my 3i ; I banded them back to Mr. Stockwell, andi do not know what became of them; Mr, Abert was in the employ of the company for some years, he received a spoil re. | tainer of $1,000 in regard’ to the subsidy business; I | think ne was to have a contingent foe; Lde not know how much; I certainly remember bim a. at tne: savontpenneek te ard of the investigation im 187 not go to Washington about it; I have been to Mr. Stockwell’s house tn the ev A vd not go to Washington; I believe he was sick me; I a 1 hat time company ; the first | knew jetting ur hei a not know William 8. Kiny dvi not know at t that he was employed by of itwas when it came ont be 102, 112, 93, 207, 242, 1654,, 20, 256, 68, the Investigation eee ee eee ett be! Timiges comiitiee: I_holieve 1 bad heard something about ant Damels.— 44, 45. 46, 48, | Mr. King being connected with the subsidy; 1 know Hl, 62, 63, 64, 66, 08, 70, 71, 76, 77, 7% | Mr. George H. Bradbury; 1 have seen him several \ times in the company’s office and asketl him how the on; I knew he was assistin, subsidy was getting | Barrett. —Case on, No. 1189, Noday calendan Part2— | Irwin; 1 kwew Mr. Frederick Billings; I do not Held by Judge Van Vorst. —Nox 2B, 45245, that he bad charge in Washington before Mr. Irwin 514, 1042, 1084, 2531 1056, 1200, 1804, went there; be became & director afterward; I think 5 i i 1020, 1244, 207 remember Mr. B. H. Cheever; I know Richard Dp. Par. 1448, 1060!., 1062 Part 2—Januery term ntinued-—Leld uigo Westvrook,—Case on, vy Judge Laarremore.—Nos, 53, 1250, m Common 1105, 1803, sons; | knew Amos RB, Corvin; I did not know he had anythin to do with the inet until atter it was passed; [ then corresponded with him about it; I knew Mr. A.W. Randall when he was Postmaster General; I 250, OF ; 3, 2416, ‘25K 5 did not know that he had anything to do with : sess 483, 513, Hi ae $85, 2410, 2980, 1910, 109%, | the sabaldy; L corresponded with him afterward: Mr, | svrenton Cocnt-—Sraciat Terw—Held by Jadge | Holman succeeded Mr. Eldridge and Irwin at San Fran. ' Curtis —No day vaiendar. | elxco; {his account, Deeembor 31. 1872, was made out Scrxnion Covnt—Thtat, Tenw—Part 1—Held vy | by Mr. Holman; the Paciic Mail Steamship Company Jadge Sanford.—Nox, 1217, 1982, 731, 1675, 923, 827, | Wook no action against Eldridge and Irwin afver they 716, 959, 987, 870, 808, 937, 97, 975, 977. Part 2— | received Ay account; they wero boon satistied }, Held by ndge Spelt. Nos, 928, 1972, 8008, 1234, 882, pede od pn icon jg be ~ Bi ge = | OG 788, os, 982, 74, 982, oho, Tes, TH, 614, 712, | Irwin in gompeetio any. #34, 650, 834, 826, Screrion Cocet—Gergrat Tre Moncil and Sedgwick. —Nos, 10, 14, wm, 2 SM, 35, 36. oo dee ae Robinson.—Nor, 197) , f 670s, 86, 1558, 1098, ,_ 1008, 1007, 1779, 1790, 41, 16896, 1687, 1 1607, B77 dy, 254, 9565s. ‘Commox PLEAS—! Brunt. —- Nos, 19, 24 Common i Meld by Judges _ 46, 17, 19, 20, 21, | Jud, Babe Havrey Tenu—Held by Judge Van. ‘Team—Hela by Chief ‘\ On examination of ine books of the company that were produced Mr. Bellowes suowed that the check for 25,000 was charged to profit and loss, R. B. Irwin, | ek Washington expenses; | do not remember that | money being returned to the company by Mr. Stock. | $ouess 11 Gere paia to the commpany Uy Mr Sioatwed wero 6 company 4 : fe hat that amount was paid ta to ne credit of Bi. A and Irwin.