The New York Herald Newspaper, April 1, 1876, Page 2

2 “THE COURTS. Exploiting the Abyss of the Black | Friday Gold Corner. | FR IN THIS CURIOUS CASE. j — ANOTHER CHAPT: Important‘Supreme Court, Gene- ral Term, Decisions. DISBURSEMENT OF PUBLIC SCHOOL MONEYS. The Vacancy on the Marine Court Bench. There was another large crowd in attendance yes- terday before Judge Barrett, holding Supreme Court, Circuit, to listen to the further testimony in the tria! of the suit of De Witt (Taylor against Jay Gould and Others, Mr. Gould, for the first. time since the com mencement of the trial, put in an appearance, occupy- ing aseat by his counsel, with whom he was in fre- quent consultation during the examination of the witnesses, Mr. John P, Persch, the Wall street broker whose examination was commenced on Thursday, was cross examined at considerable length, He said that when he saw Mr. Gould he was in Mr, Willard Martin & Co.'s office, all alone; he mentioned the interview be tween himself and Mr. Gould to Mr, Smith; he next” saw Mr, Goutd at the Opera Honse offices some time in July, 1872; Mr, Willard Martin was there atthe time; Mr, Smith imtroduced him to Mr. Gould. Mr Smith eaid he wished to see Mr. Gould about the Black Friday operations; he did not converse very long; Mr. Fisk was not there at the time; he had Deen at the office before, but not at the President's office; he could not say what time on Monday he made Lis visit, but it was not in the morning; he thought that the visit was some day in July—cortainly not later than July; ho found Mr, Sherman in his office at the time; he couldn’t recollect whether he could give the exact words or not, but he would do the vest he could; he didn’t tell the conversation to any one but Mr, Smith; when he signed the release of his claim Mr, Gould gave him $250; his ciaim amounted to about $20,000; but he gave mea promise besides, added the witness, “I didn’t ask you that,” said Mr. Vanderpoel, testily, “That is all” On examination by Mr. Sullivan the witness was asked about those promises, Mr. Beach—I object; that was gone into last night; and there can be no object in having it now unless they want to get up that laugh again, Judge Barrett—That is ali that can possibly Tesult from It, The next witness was William J. Woodward, who testified that he was an operator in Wall street in 1869; the day before Black Friday Mr, Smith, of the firm of Smith, Gould, Martin & Co., asked him to buy gold for him; $5,000,000 of it; he was not personally to buy, but to get Lockwood & Co, to buy, on a margin of $250,000; Mr. Smith gave hun a check’ for $250,000, and he gave it to Lockwood, together with the order to buy; the order was only ‘partially executed to the extent of between $1,000,000 or $2,000,000; on the evening of Thursday, September 23, he calied at Heath’s private office’ and saw there Mr. Fisk, Mr. Gould, Mr, Sherman and others; Fisk said thoy had loaned out $90,000,000, and they should have this pab- lished in the morning papers in order to show they had the $90,000,000 they claimed; Fisk was sitting on a chair getting shaved; there was a talk about calling on the parties to whom they had loaned to settle at a certain price; on Biack Friday morning he called at Heath's office and had a conversation with Mr. Gould, who said the market was going up aud that gold would sell at 200 that day, Cross-examined by Mr. Beach—He called at Heath’s office because he wi erested in gold; he was in terested in the transactions of Mr. Gould, woo was carrying gold purchased for the joint account of Mr. ‘sould, Mr. Kimber and hunself; he liad no interest ia any purchases ot Thursday or Friday or in the opera- tions of Albert Speyers or the Gold Fxehange, Re-examined—Phe joint account Gould, Kimber and himself was $20,000, a portion of which has an—The parties mentioned had, at the our joimt purchase, substamtially made a cor- er in gold itness was then asked by Mr, Beach to explain meant by “corner, and the brokers all 1 i$ was an operation by stock or gold contract the put no other construction on ping it out with only ; the loauing out so far supplies a class of operators working for t they geuerally work on separate ying $0U 4,000,000 ay , gold operator, testified that he did all street in 1859; on the morning of Jay, at ten o'clock, ho’ was in the office of Gould, Martin & Co, Court then took a@ recess, and on reasse! a lengthy argument took ‘piace on a ques- raised by the def the inad- ivilty of the proposed evidence about state- ts made by Mr. Henry Smith while alone with the witness in his office. Mr. Beach contended that dee Jarations of the individual firm of Smith, Gould & Co, ould not be binding upon the other members of the Srm, because it did nob follow that the gold transac- $ons of which be spoke were not carried op on his own individual r bility, Mr, Sullivan replied on the other side, and Judge Barrett decided phat on the whole aspect of the case, so far, te would not be justified in excluding the testimony, Yr. Read then further testified that on the morning of Black Friday be was in Smith, Gould & Martin’s office, in Broad street, and nad a conversation with Mr. Henry Smith; he told Mr. Smith he had some gold, and asked bis advice; Mr. Smith said the market was going up, and they had sent a man over to raise it to 150; witnes: it went up easy, and asked whether he woul vise him to hold on to bis gold; Mr. Smith replied, “You may do as you like about that, but I tell you that ‘I’ or ‘we’ (he ‘could not remember which) Mean to make every one of these damnod fellows seitlo " he crossed over; found over 150, and sold $1,000,000 to Mr. Speyera ross-examined by Mr. arman—He sold at 160; gold had then broken; within five minutes after he bought back $700,000 at 147, and gold went down like | a shot (laught withess has a suit against Mr. Gould and Mr. ¢ «i has one against him; it refers to this very gold; he knows it, because he read the—oh, what do you call it? —writ, Or something. (Laughter) All the above evidence of Mr. Read was ruled out as concerns the defendant Bach. Albort Speyers was recalied, but his direct testimony was stricken out, Ihe witness then looked inquiringly at Mr, Beach, but that gentleman bowed, smiled and waved his band to the witness, and the latter gladly, retired, armidst laughter. Judge Barrett here ane | pounced to tho jury tha B reqiiested by the had COURS! Some o: wiom are unwell, not to sit on Satur. | day; aud, as he had imperative business to attend to | on Monday, they.would not meet until Tuesday morn- ing in the General Term room. His Honor added that his attention bad been called to a circumstance which ion for this writ was denied, and an appeal was taken from such decision to the Supreme Court, General Term, where the case was argued yesterday at con- siderable length. It was urged on behalf of the Board of Education that the Board is organized under the laws of the State and has full control of the public schools and the pub- lic schoo! system of the city and possesses the powers and privileges of a corporation, the possessing a cor- porate existence; it has the power to dictate the amount of money required to discharge its obligations and duties and the exclusive right to appropriate it in the performance of its proper and legal functions. In opposition it was claimed that the order denying a mandamus in the Killian case was correct and should hold in the present case; that no provision of law can be found which authorizes the Comptroller to deposit or the Chamberlain to receive a gross sum for the Board of Education; that the Comp- troller was wholly powerless to draw such sums from the city treasur, hat the Chamberlain would not be authorized to ive or keep it, and that sucha method of proviaing and keeping funds for the pur- poses of the Board of Education 1s not authorized by jaw. It was urged further thatif the case of Killian was incorrectly decided and the provisions of the char- ter requiring all moneys tw be paid out upon voucbers examined and allowed by the Auditor and approved by the Comptroller apply to the payment of bills of the Board of Education, it follows, a fortiorari, that tho scheme of requiring the Compiroller to deposit a sum in gross with the Chamberlain for the purposes of the Board of Education ts not admissible. It was argued in conclusion that the order of the Special Torm should be aflirmed, Atter hearing the argument the Court took the papers for examination. . SINNOTT AS MARINE COURT JUDGE. The appointment by Governor Tilden of James P. Sinnott as one of the Justices of the Marine Court, to fill the vacancy caused by the death of the late Judge Spaulding, does not seem to meet the approval of the present Judges of the court, At a convention of the Judges, held yerterday, this conclusion was embodied in thie following pronunciamento, which expiains it- eclf:— , Ar Tax Covnr Hovsr, In tae Crry or New York, March 30, 1876. The Justices of the Marine Court of the city of New York being, on Tuesday, the 28th inst., duly assembled in convention and acting asa Court, James P. Sinnott, Esquire, personally appeared before the said Court, and claiming to have received an appointment and authority from the Governor of the State of New York to be one of the Justicog of this Court, inthe place and stead of the Hon, Alexander Spaulding, deccased, requested that he be assigned to Judicial duty in pur- suance thereof. Now, it appearing to thts Court that the said proffered appointment is not by the advice and has not received the consent of the Senate of the State of New York, we, the undersigned, the Justices of the said court, having considered the matter, are of and declare it ag the opinion of the Court that the said sup- posed appointment and authority are without the effect and force of Iaw. In such a case as the present, if His Exceliency the Governor has no official power by law to fill the Said vacancy without the advice and consent of the Senate, then the evidence presented by Mr. Sin- nott bestows ‘bn him not even the outward ‘signs and symbols of the office of a justice this court so as even bg allow it to be said that he is in office by color of ttle, Therefore, the said act of the Governor is evidence of nothing pertinent to the claim made by Mr, Sinnott, and this Court thereby receives no power to assign him to daty, for which reasons we judicially decline to accode to the request, upon the evidence, as made. IRGE 8! C. HENRY ALKER. DAVID McaADAM. C, GOE JAMES B, SHERIDAN, i. Se A CITY CONTRACTOR'S TROUBLES, William A, Seaver, collector of John E. Brown, brought suit against the city to recover $90,337 50, balance claimed to be due on a contract for regulating and grad- ng Tenth avenue from Manhattan to 155th street, The action was begun in January, 1873, and has passed through all the viciesitudes which seem to be well nigh inseparable from any attempt to collect a debt from the city. On the trial of the case the compjaint was dis- missed, which judgment was affirmed Ry the Supreme Court, General Term, but reversed by the Court of Ap- peals and a new trial ordered. Ag the case was about to be retried motion was made on behalf of the city for leave to amend its answer. The case came up yes- terday for argument in the Supreme Court, General Term, on an appea) from an order of Judge Lawrence denying this motion, Thecase was argued at great length, Mr, John E. Develin appearing for Mr. Seaver and Corporation Counsel Whitney for the city, and at the conclusion of the argument the Court took the Papers. reserving its decision. THE TRIAL OF LAWRENCE. The alleged Custom House defaulter, Charles L. Lawrence, brought here after his flight to Europe under the Extradition treaty, having failed to secure the action of the courts in his favor, will be brought up to-day on an argument to plead anew to the indictment against him. It has been stated that he offered to give all he knew of the transaction in which he and others were implicated, where it would be of the most use, en condition that the prosecution against him was with- drawn. It seems, however, that United States District wy Bliss has reported to the Attdrney General adversely to Lawrence's plea for pardon, and the Sec- retary of the Treasury refused to accopt it, so the case will proceed according to the programme of United States District Attorney Bliss, TAKES HIS ARMOR WITH HIM. In the suit of Frederick C, P, Robinson against E. L. Davenport, in the Marine Court, the facts of which ap- peared in yesterday's Herat, Judgg McAdam rendered a decision yesterday morning, > the temporary injunction which had been previouly granted restraine ing Mr. Davenport from removing to Philadelphia the $500 suit of armor worn by him in his character of Brutus in the play of ‘Julius Cwsar.”’ The reason for the judge's decision, as indorsed on the papers in tho case, is 4s follows :—‘*The proofs show that the intended departure of the defendant from the State is to fulfil a protessional engagement, and not for the purpose of de- frauding the plaintiff. The motion to vacate the in- Junction will, therefore, be granted.” SUMMARY OF LAW CASES, Judge Donohue yesterday, in the suit of George Mark against William J. Omberson, granted an injanc- tion prohibiting the sale of the steam propeller Avator, < By consent of counsel, Judge Donohue yesterday directed a cancellation of the verdict of $2,411 17 for the plaintiff in the suit of Desire Charing against Rus- sel Sturges, Jr. Judge Donohue yesterday denied the application for aperomptory mandamus directing the St John tho | Baptist Benevolent Society to reinstate as a member George Batchelor. of passing counterfert $5 bills, was yesterday exam- ned betore United States Commissioner Shields and held in $5,000 to answer, In the case of the United States vs. H. B. Claflin & Co, and other merchants of this city, it is the intention of United States District Attorney Bliss to appeal from the decision of Judge Blatchford sustaining the de- mnrrers of the defendants, to the Supreme Coprt of the Tnited States. A peremptory mandamus was granted yesterday by Jadge Donohue directing the Board of Revision and Correction of Assessments to contirin the assessment list for regulating and grading Manhattan street from St. Nicholas avenue to Twelfth avenue, The subject of confirming tne reports for opening he did not care to lay before the public, but it was suf ficient to wake bim repeat his caution to the jury tobe careful to avoid conversing with any one or among themselves about tins case. TheCourt here adjourned to next Tuesday. Judge Barrett's remarks to the jury caused a desperate tut t the brokers, ADJUDICATED CASES, The Saprome Court, General Term, held by Chief Justice Davis and Juilges Brady and Damels, have had a very busy month, and after handing down a bateh of decisions of cases argued before them adjorned yes terday till the 15th of April, to give decisions upon the cages still remaining undecided, It was a matter of surprise that no decision was g in regard to the motion for the conSrmation of the report of the Rapid Transit Commissioners. As to the decisions rendered, tor of excitement among there were noue of them, as will be seen by the list given elsewhere, in cases of any special public interest. An epitome of the more important opinions, how- ever, is given below. The leading case of interest was as to the power ot , the Leguslatare to depute to the Board of Health its wa authority, by empowering :t to pass ordiuances, he violation of Which will be panisbable by imprison Patrick Coe was sent to prison jor a month by tLe SpGelal Sogsions jus on conviction of selling watered mil, in Violatioa of oue of the Board’s | cclinances, and his care was argued on certiorari, The | Conerat Term (Judge Dan giving the opiniqy) hotas | ature Om t of the © sestionubiy bas Such power. mmorcial Hank of Kentueky num, an attorney, the Merro- Bank, nite of plainwt, gave the de- | 1, who wae their attorne: ‘ts to protest, He Vt turned oUt that iC Was done prematurely, and | Lint lost the power to parsue the indorscrs. | vere brought against the atvorney, aud jadgment | The Generat Terwo, through dates upheld these Judy me e » boiding that the at- » do ampecific du A " directed, and Was not to the proper day. ured to gi¥ew legal opinin THB PUBLIC SCHOOL FUND. The Board Of Batinatc ond Apportionment baving oppropreted. for this year the sam of $3,663,000 for purposed of public instruc in this eity the Board of Bdweatiom requested the miptrotier to de. posit $309,000 of this sum with the Chamberlain to meet thet drafts, This request was pemearent, anu thereupon an application was mad® by the Boura Education for a peremptory mandamus again:t the to compel bim to wake such devosit. Mo- avenue B and East River Park; for opening a diagonal venue froin 186th to Mth street, and for widening | | 110th street, west of Eighth avenue, will ve argued to-day in Supreme Court, Chambers, Donohues The matter of’ opening Inwood to the Bolton road, and Sixty-fifth street and a part of Tenth avenue, has been postponed to the Sth { inst., and the report as to the opening of 151st street, | | from Ninth avenue to the Hudson River, has been de- | derred to the 18th inst j rennet | DECISIONS. | SUPREME COURT—GENERAL TERM. | By Judges Davis, Brady and Daniels, wnosheod vs Norris. Judgment allirmed, Opinion , go Davis, Phelan vs, Collender.—Judgment affirmed, by Jodge Brady. | ‘Bohuet vs Litham.—Order affirmed, with $10 costs, besides disbursements Op.nion by Judge Daniels The Brookiyn Life Insurance Compauy va, Pierce et al. —Order allirmed, with $10 costs and disbu Opinion by Judge Davis, ai ys. The Knickerbocker Life Insurance Com- —Urder affirmed, with $10 costs and disburse- by Judge Brady. ct al—Judgment reversed; new ts toabide event. Opinion by Judge To y Ju Opinion | Daniels, Owens vs Cossid igment aillrmed. Optnion by udginent affirmed, Opinion yowbridge.—Order reversed, with $10 hg servico Opinion Corbett vs. costs, to abide event; order entered dire of the furthor bill of particulars demande by Judge Bi pein vs. Irwin---Decrce affirmed, with costs. jon Judge Daniels. Weld et al. vs, Bowers. Judgment afirmed. Opinion by Judge Danie Claflin et ab ¥ new (rial ordere dudge Brady fhe Poople ex rel Cox Court of Special Sessrons —-Judgment alirmed, Upipion vy Judge Daniels, Unger ot . Jacobe.—Judgment reversed; new trial ordered ; costs to abide event. Opin. Saussig et al.—Judgment reversed; sie W abide event. Opinion by Goodman and another va Guthmon,—Order re. | versed, order entered directin Mmeontroversy within twemt decisis so ow end the payment of wed to the Jo. torney. Gray peal vacated ; order | without costa Towtan, dee. jusiment of costs rea j day: ter notiee of this | on for pew trial de Frank Marston, arrested some days ago on a charge | before Judge | street, from | ments, vs The Justices of the | nied; judgment ordered for plaintiffon verdict, Opinion by Ebvo ol Danie! M. il va. Fowler.—Judgment affirmed. Opinion by Judge Daniela, Hadnett ing Cocker. —Hotten to dismiss sppeal ta, granted, wi cont Satherthwaite vs. Vreeland et al.—Motion for rear- gument denied, without costs. De Wolf va. Marschal.—Motion to advance cause de- Bied, without costs, x vs, Wilson.—Motion for reargument denied, without costs, The Commercial Bank of Kentucky vs. Varnim; Same va Turney.—Judgments affirmed, Opinions by Judge Brady. Casserly vs. The Narragansett Steamship Company.— Judgment affirmed, Opinion by Judge Donohue. Hart vs. Taylor.—Motion for reargument denied, without costs. Lyles and another va. Hagz and another, &c,—Order modified so as to allow defendants to serve answers to complaint within twenty days;afler potice; order of relerence vacated, without costs. Opinion by Judge Daniels. Smith vs. Osborn,—Judgment affirmed. Opinion by Judge Donohue. Richards ys, Carlton,—Judement reversed; new trial ordered, costs to abide event, Opinion by Judge anicls, : Piguard vs, Poissonier,—Judgmontaffirmed, Opinion | by Judge Davis, | _ The Ocean National Bank va, Carll.—Ordér affirmed, | b he: $10 costs and disbursments. Opivion by Judge ay is, bg vs, Rodewald,—Motion to dismiss appeal de- cy ? Hann vs, Van Voorhis et al.—Motion denied. Sandford and another vs. Cottrell; Sandlord.—Motion fox reargument d Matter of Sewards, &c. pet in our judgment, to establish with the charges against respondent to justity barment, The proceedings must, therefore, be d! missed. Matter of Howe, &c.—Tho referee having reported in this case, in sul ), that no evidence had Geen pro- duced before him sufficient to establish the charges pre- ferred, it is ordered that the mi the period of suspension be reduced to six months, a of Loew, &¢.—Motion for reconsideration de- nied. a & Sons, &c, ve. Castle et al.—Motion de- i The People ex rel. Houghton vs. the Commissioners of Taxes and Assessments of the City of New York — Writ granted and proceedings of respondents affirmed. Mills vs, Rodewald.—Motion denied, without costs, Upinion per cura SUPREME COURT— CHAMBERS, By Judge Lawrence, Matter of Mary Ann Hatch.—Order granted. SUPERIOR COURT—SPECIAL TERM, By Judge Spetr. Smith vs. MacDonald.—Motion for a new trial on the merits denied, with $10 costs, ing vs. Mealio et al.—Case and amendments settled. Belmont vs, Ponvert,— Order cancelling lis pendens. Du Bots vs, Miller.—Alies attachment ordered. Whelan vs, The Third Avenue Railroad Company.— Examination of plaintuf ordered, Jackson et al vs, Burnet et al._—Order modifying injunction. Schuster vs, Schuster.—There should be further proof of service of the summons and complaint om the defendant, Ettlinger vs, Stegmuller et al.; Maguire va. Dins- more et al; Wilson vs. Scheider.—Orders granted. MARINE COURT—CHAMBERS, By Judge McAdam. Wallace vs, Rossa,—Bill of particulars ordered, Crowell vs. Wood, Jr.—Attachment ordered. Quirk va Freedman; Ubtig vs. Schafer; Uffelmann vs. Stillman; Grier vs. Robertson; Bryant vs. The Mayor, &c.—Motions granted. ‘vodruff va. Salton.—Motion denied, King vs, Morris.—D. 3, Robertson appointed re- ceiver. Pahiman vs. Pinkernelli.—Motion denied, Dart vs. Fallen.—Motion granted. Lee vs, Bryant.—A. Barton Hough appointed re- ceiver, Spotwell vs, Maher; Dayoknick va Adler; Langhein vs. Steniginan; Eadie ve, Whitehead; Lacompte vs. Pottier.—Motions to advance causes granted. Nichols va, Voorhis; Hotaling va. Weisa.—Receiver’s bond approved, re — va. Lillendahl.—Henry McCarthy appointed referee. Underhill vs. Sherry.—Attachment ordered. By Judge Goepp. Allart vs. Shaw.— Motion denied. Opinion. Arnold vs. Hermann; Sterling us, Hermann,— Mo- tions dealed, with $10 costs, COURT OF GENERAL SESSIONS. Before Judge Gilderaleeve, THE CRISPINS ON TRIAL, Jeremiah Sullivan, one of the seventy striking Crispins indicted for conspiracy at the instance o¢ Messrs. Hanan & Reddish, was arraigned in the Cour, of General Sessions yesterday, under an indictment for felonious assault. assistant District Attorney Horace Russell, who has charge of the omnibus indictment, Prosecuted, Assuming that most of the accused aro Catholics and would not consider binding an oath upon the ordinary Bible, Mr. Russell had procured a Douay Bible, upon the title page of which is a small engray- ing of the Papal arms, and upon this picture he directed Captain Oakford, the court officer, to swear all the wit- nesses, an {order which was faithfully obeyed. The Prosecution alleged that Sullivan was one of the men employed by Hanan & Reddish in January last, when that firm employed a number of men, as foreman, who also worked in the shops. This bug contrary to the rules of the St. Crispin Society, the men struck and organiggd a patrol to remonstrate with those who might be employed in their stead, and, if possible, prevent their going to work, A number of shoemakers, however, were found by the firm to fill, to some extent, the places of the strikers. Among them was Abraham Loewenthul, who kept a Nttle shoe shop at No, 216 Sixth street, where he worked at night, On the evening of February 28 J. miah Sallivan, accompanied by a man who is unknown, entered Loewenthal’s store and asked to see a pair of shoes, They were handed to him, and while he was trying them on either he or his companion, from be- bind, struck Loewenthal with a loaded cane on the head, inflicting a severe wound, The assailant drop; the cane and ran offs Louis Roseman, brother-in-law of Loowenthal, alarmed by the noise, rushed from a back room in time to close thodoor and hold Sullivan prisoner. An officer was se for, and upon scarch- ‘tng Sullivan a small loaded cane was found concealed upon his person. Loewenthal, when struck, drew a re- volver and fired several shots about him, none of which did any harm. © A number of witnesses were called to testify to the above facts. Colonel Spencer set up the defence that Loewenthal was struck by the unknown man without the knowledge or consent of Sullivan, and the latter accounted for nis possession of the cane by stating that he took it away from a brotherCrispin, who was under the influence of liquor, for fear he would do harm witn it, A number of respectable witnesses testified to the good character borne by the prisoner. The jury, deliberating ten minutes, found him guilty of an as- sault with intent to do bodily harm. The Court, in consideration of the previous character of Sullivan, made the penalty comparatively light—four years in State Prison. A BAD “STEERER” FOR HIMSELF. Adolph Werrsdorf, the waiter at No. 6 Allen street ‘who was convicted two weeks ago of having “steered” Samuol Randell, the barber of Chatham and Peary streets, to a gambling house at No, 137 Kast Twelfth street, where he lost $260 at faro, was arraigned tor sentence before Recorder Hackett, who tried the case. He was sentenced to pay a fine of $5 and undergo an imprisonment of thirty days in the Penitentiary, UNPROFITABLE PECULATION. James McCue, a youth of fifteen, living at No. 155 Delancey strect, convicted some ten days ago of steal- ing $2 and a pair of sleeve buttons from the apart- ments of Moses A. Schelanski, at No. 35 Baxter street, onthe night of November 15, while a portion of the | house was ow fire, was sent to the State Prison for five years. | | i CHANGED HIS QUARTERS. The reputed German count who was convicted at the last term of defrauding the proprietors of the Clarendon Hotel out of $45 and the Windsor out of | $28 by running away without paying his board bill, | Was sentenced to nine months in the Penttentiary, WASHINGTON PLACE POLICE COUR! | Before Judge Kilbreva, i FORGERY, . | John Henry Meyer, of No. 84 Amity street, was held | in $2,000to answer a charge of forgery. dye com- | plainant was Heary J. Welsh, a liquor deal “de. 104 Thompson street. Mr. Welsh stated that Meyen ' a clerk in his store, and collected a check for $25 frota | Frederick Sherman, of No. 316 Kast 13th sireet, On this check, as alleged, Meyer forged Welsh's name and obtained the money, without giving any notice to his ewployer. Meyer was arrested by Detective Murphy, of the Eighth precinct, and admitted his guilt. RIGAMY, | Upon complaint of Christina Kane, of No, 73 Perry | street, Adam Nixoo Hamilton, alias Adam Nixon, was charged with bigamy, It appears from the affidavits that on the 17th of October, 1870, the defendant was | married to his first wife, Mary, and on the 25th of | Getober, last, he was married to Christioa Kane, the complainant, at Rockland . The last marriage | having taken pace in Rockland county, Judge Kilbreth | aecided that ho had no jurisdiction i the ease, but | would hold the prisoner to await the arrival ol the | Rockland county authorities, | PIFTY-SEVENTH STREET COURT. Before Judge Murray. * A FRER-LUNCHER'S LARCENY. Charles Rebwaldt, a member of the society of free- Vanchers, exercised his ingenuity to obtain a meal ‘Yesterday without paying for it, and at the same time \anominv of being kicked imto the street, by Mr. John Soott Je Having pitched upon the Putnam House, No. 360 Fourth avenue, as his objective it, he there suc Goded in gti « moni valued at -five cents, He then picked up the ticket representing the amount of his bilk snd going to the rear of the saloon disposed of itin some manner known only to himself. On at- tempting to leave without paying he was arrested on a of stealing the ticket, which was valued at one cent, and at this court was held for trial. ATTEMPT.TO BOB A GRAND JUBYMAN. Officer Darwin, of the Twenty-first precinct, on Tharsday night arrested Henry Carlton, of No. 316 East Thirty-ninth street, while im the act of picking the loc on the basement door of William B. Dixon’s, No, 111 East Thirty-fourth street. Immediately after Francis Reilly, of No. 335 East Thirty-sixth street, was arrested ag an accomplice. They were brought to this Court yesterday, but w remanded until Mr. Dixon, who is now acting asa member of the Grand Jury, shall have time to appear, CONTEST ABOUT SOAP. C. T. Prescott & Co., manufacturers of the American laundry soap, have been sued by Charles G. Higgins & Co., manufacturers of the German laundry soap, for alleged damages trom the close imitation of the Ger- man soap by the American. All the profit made by Prescott & Co, is claimed by tne plaintiffs, as well as $5,000 additional damager. EX-TAX COLLECTOR BADEAU. Tho trial of the suit against ex-Tax Collector Badeau, of Brooklyn, who, it is alleged, misappropriated some city funds in his care, has been set down for next Monday in the Brooklyn City Court, It was the gen- eral belief that the suit would be discontinued after he had tri ferred his property over to the city for the purpose of satisfying any claim, - COURT OF APPEALS. Ausany, March 31, 1876, In Court of Appeals, Friday, March 31, No, 110. Louisa Sims, respondent, vs. Henry B, Brown, appeilant,—Argued by N. Morey, for appellant, and £. Thayer, for respondent. : No. 113. John E, Risley, appellant, ys. William H. Smith and another, upleaded, &c., respondents.— Argued by James Clark, for appellant, and Thomas H, Rodman, Jr., for respondent. No. 116, William Kidd and another, appellants, vs. Matala D. Bottam, impleaded, &., respondents.—Sub- mitted. No, 122, George McRac, respondent, vs. The Cen- tral National Bank of Troy and others, appellants. — Argued by Seek Cowen, for appellant, and R. A. Par- menter, for respondent. $ Nos. 123, 124 and 126, Edward W. Vanderbilt, ad- ministrator, &c,, and another, appellants, vs. Margaret E, Armstrong and others. respoudents.—Submitted by appellants, and argued by D. T. MacMahon, for re- spondents, No, 129. Stephen S Thorne, respondent, vs. George P. Kinnie, appellan—Judgment by default, on mo- tion of C, P, omman, for respondent. Proclamation made and Court adjourned, CALENDAR, The day calendar for Monday, April 3, 1876, is as follows:-—Nos, 1634, 2, 32, 60, 60, 181, 133 and 1; THE KINGS COUNTY SHERIFF. Aunaxy, N, Y., March 31, 1876, N. C. Moak, of counsel for the defendant in the case of Matthew H. Livingston va. John D. Tredendall, pro- cured an order from Justice Westbrook to-day, requir- ing the Sheriff of Kings County to show cause why all the proceedings on bis part in es }, ander an execution in violation of a stay, uld not be sot aside, and also requiring th@ plaintif’s attorney to show cause why he should not punished for con- tempt in disregarding and countenancing a violation of a stay of proceedings granted by the Court. The order is rewurnable April 4, before Justice Westbrook. UNITED STATES SUPREME COURT. fi Wasuineton, March 31, 1876. In the Supreme Court of the United States to-day case No. 191—Charles E. Phillips, plaintiff in error, vs, McGehee, Snowdon and Violet-—on motion of Mr. F. J. Lippitt, was dismissed with costs, under the sixteenth rule. No, 192 William Buchanan, plaintiff in error, vs. Jerry B.. Clarkson.—This cause was argued by Mr.- James Carr, of counsel for the plaintiff in error, The Court declined to hear counsel for the defendant in error. No. 193. Tne First National Bank of Charlotte, plain- tiff in error, vs. The National Exchange Bank of Balti- more.—T'bis cause was submitted on printed arguments ., Of counsel for the piainti® in error, and by Mr, Wililam F. Frigk for the defendant in error, d No, 194, Harvey Ferry, appellant, vs. The Commer- cial Bank of Alabama.—This cause was submitted on Siaphsen argument by Mr. Harvey Ferry, the appellant, jo counsel appearing tor the appellant. * No. 195, Jacob Magee and Henry Hall, plaintiffs in ompany.— error, vs. The Manhattan Lite Insurance Passed, No. 197 (substituted for 196). Francis L. Markey et al, appellants, vs. W, C, Langley et al—The argu- ment of this cause was commenced by Mr.-Samuol Lord, Jr., of counsel for the appellants, and continued by Mr. C. R, Milles for the appellees. Adjourned till Monday at twelve o'clock. JANE WILSON’S DEATH. An inquest was held at the Brooklyn Morgue yes- terday morning by Coroner Simms in the case of Jane Wilson, who died at the Flatbush Hospital on the 24th inst., from the effects of Paris green. Jane Peterson, of No. 98 De Kalb avenue, testified that deceased had told her she had taken Paris green | by mistake, and that she procured an emetic and had her conveyed to Flatbush Hospital, Dr. Fitts, of the Flatbush Hospital, testified that the woman did not die of malpractice; that death resulted primarily from arsenite of copper, and secondly from emorrhage from miscarriage. Dr. Fitts? affidavit of the result of the post mortem examination was then Tead. A certificate from a doctor was read to show that Wiliam H. Heath, the alleged husband of the deceased, was sick and unable to leave the house. The jury returned the tollowing verdict:—‘‘We find that Jane Wilson came to her deatn by suicide by arsenite of copper, taken on March 2%, 1876, at the Kings County Hospital.” UNITED STATES MARSHAL’S SALE. A United States marshal’s sale was made yesterday afternoon at No, 29 Burling slip by Daniel H. Burdett. The goods comprised cigars, snuff, copper and cigar holders. The cigars sold tolerably well, Mathildes bringing $96 per 1,000; Henry Clay (non plus ultra), $160; La Paz do Espatia, $101; Le Coridopga, $102; Anti guedad (Meehans), $46. A lot of Honzades wore bought for fifteen cents per packet apd Chorritos brought four- teen cents, The rum wad gold at an average of $1 50 per gallon and the snufl brought twenty-one cents per pound. Copver reached thirteen per pound and a lot of meerschaum cigar holders averaged thirty cents apiece, The sale was well attendéd and the bidding brisk. MOUNT VERNON. New York, March 26, 1876, To tue Epitox or tae Herao:— ln view of the prevailing misapprehension of the public in regard to Mount Vernon aud its ‘‘dilapidation and decay,” will you kindly allow me space for atew facts which doubtless will be a relief to many of your readers? Four years agoafresh impetus manifested itaeif in the original association, who determined that Washington’s home should be repaired and made ready for the centennial celebration, Those ladies have ac- cordinglyeen working throughout the country, not alone with the Centennial in view, but to carry out the original intention, started eighteen irs ago, of raising $50,000 as an’ enaowment fund. Early this ‘car ah appeal was issued from the Kegent of the jount Vernon Association of the Union to make the 22d of February an occasion to gather funds, Arrange- ments were on foot in New York for a Martha Washing- ton tea party at Masonic Hall, when the apnouncement was made of the St John’s Guild benefit of the same date, and as the ladies of that management relused to aliow the benedit fund of Mount Vernon a table, thus Joining the two objects, all thought of raising money in New York on (hat date was abandoned. However, Cincinnati gave a grand centennial reception, and cleated upwards of $10,000, and we are glad to stat im Februery Mount Vernon's cred! able appearance was an accomplished — fact. The report of the Vice Regent pro tem., ih New York, cated February 17, gave a comfortable assurance ibat it was nearly completed then, a» far as being <aade presentable lor the summer, the future endow ment fund alone giving anxiety. A notice in the Nevark Courier stated somo time belore that Mr. Van Campfen Tayler, a well known architect in that city, had rently visited the homestead, and was then en | in case of 76 the butiding could be rebuiit exactly as it now stands, “A minute description of the balustrades and porticocs "as given, @ part of the wood work of which was repr. tented as being somewhat decayed, but the main building and wings wero in good order, and arrangements had wen mate for the. work to be pushed forward as soon arrived, in order that the house and grown husid be in complete readiness in time for visitors. In “ew of these efforts begun by the original Ladies’ Asseiation and started with re- newed vigor four years ago, scarcely fair tor to cores, represent Mount of 1 to our eenteni edad, $82 50; Flor de Palmito, $58, and Anti- | NEW YORK HERALD, SATURDAY, APRIL 1, 1876.—TRIPLE SHEET. -THE GRAIN TRADE. ADOPTION OF SEVRNTEEN IMPORTANT RULES BY THE PRODUCE EXCHANGE. Yesterday morning, at tLe Produce Exchange, a meeting was held to consider the rules so long under discussion in reference to the government of this im- portant branch of cur national commerce. The rules submitted were twenty-five in number and involved some nice points concerning ‘he grain interests. The meeting was largely attended, and the views of the committee were discussed with great ability by the members interested. The first seventeen rules were adopted with but slight modifications, the meeting ad- journing until Tuesday next, at ten o'clock, at which time the remaining eight rales will be aeted upon. The following are the adopted sections :— Rue 1.—Af the first meeting of the Board of Managers after their election the President shall (subject to the ap- proval of the Board appoint as a Committee on Grain Ove with lot 20x98.9, on East Thirty-first street, side, 280 Leet east of second avenue, for $1,500, mortgage of $3,415, with interest from 1876, to the plaintif®. Also foreclosure sale, by of the Court of Common Pleas, F. W. Loew, two houses, with lots, each 19.9270, om First a| west side, 61 feet south of Forty fifth street, $3,500, over a mortgage of $5,000, the avenue being purchased by Christian Frinks other by John Mayer. William Kennelly sold, under Supreme of the New York Produce Exchange, who are known as ne rt aed the szoln ae ra gd oe ischary, ons 4 UeBercice, aud’ alan te oneeides, and SS aeee sass, ee erate at phates far, ental s A Fade of wich shalltbe established on oy ‘Roue &—Sales of ime before threo P.M, sab te scanned leodanal toe the grain is co located hat an cxaiination may be hed prompt), aulews notice rejection for cause is given belore halfvast five PM, of grain repi ‘As not prime shall be deemed to be made from Gren ination of bulk. and rejection shall be (ore yy lay bi nal a ayer consequence oF such datay:tnctedinn ieee ure &.—Ungraded grain sold alla :before three P.M. shall be deemed rendy for delivery unioes stated so the con: trary ‘ae th time of tale, If boat ta Hike wo carnal th Sy sarraaaea notice ided boat shail be ordered Deture hait'paat tive of purchase. = of grain in store the day of sale and the guged in trawing plans of thd entire building, so that | ULE 6.—On sales he days, i apled regard to weather, shail pay teed ‘l A en grain ion store, and fold to be delivered be afloat buyer shail of at, ra iy boom teereeeh quality before the cost of ter OL of grain being made be the right to demand peyment at barney oe Roxx 9.—On ungraded grain not received within the term of free lay days or storage ed, seller shall have ‘thg right to tender the deli and “Acie 1o-Ungraded grate t9 be in pris n to be i fi fa shall = focm ih ear, berry and cleanliness with tha andard aa js of the’ ero m condition it shal Bweet and dry, sulteble for shipment Sa by sail vessel to Euro- an ports. rou 11.—Ungraded grain, to be of the called steamer, shall conform in color, berry and clecnliness wit In condi- standard. samples of the crop sold, .t shall be cool aud sweet, but may be slightly soft or Rute 12.—Un; ‘ain sold to arrive or for future de- livery. other ins ou splot certiligate taust be delivered top me r. ULE 13.—Ungraded grain sold to arrive on sample must livered in peipecen mene pone oltre eal dat sam- ‘such difference: mn hall mot vitae te aco, but sch df te wt: ot Rove in is sold on certificate of arbitration, 14—When }, and certificat Paco sey itr Be Sbag oyd If euch in shall be transferred foremunie poi prove thas the grain 6. in to arrive, if ten- f regaed to weather leemed buy: her ers Rowe 15. sales of ungraded grai: ered for delivery before three P. M.. the day of the two following working days, wi (ending at six P.M. of last day), shall be d tag Saye without charge. ULE 16.—On time contracts made between’ m where grain is bought at “ 6 option,” of shall be as follows:—When call before twelve o's M, the 0 t due and deliverabie before balf-past twelve P. ape business oar: or the buyer m: ticular future day du ing the term of the 0} ‘upon the fer a be due and deliverable, and the Property shall be due at pe tweive P. M. nated, provided no shall be made bef. of the option, and if no call is made the property &! jo peo before haif-past two P. M. on theday ofuaturity ‘con Rewx 17.—Deliveries on contracts for 5,000 bushels of grain, or any multiple thereof, shail be mad of 5,000 bushels, and on contracts for one cr more ads In lots of 800 except for dats, which shall be 10,000 bushels, all five per cent, more or less, excess or deficiency to be settled for at the market price of the day of delivery and all deliveries on such contracts shall be free of towage to the buyer. Amendments to the bylaws of the Exchange were also ado; placing the standing committees at the ¢ Board as to their terms of oilice, and 1g votes on the question of adjournment on holidays to be by bailot, instead of viva voce. A BOY ACCIDENTALLY SHOT. An accident, likely to prove fatal, resulted at the Custonr House yesterday from the careless use of fire- arms, Edward Stockin, a boy of fourteen years, the nephew of Paymaster F. C. Wentworth} was shot in the neck by a pistol im the hands of his cousin, alfred Wentworth, aged seven years. It appears that both boys were in the office of the Paymaster, who was temporarily absent fromthe room. A loaded pistol, which waa lying on a desk, attracted the attention of the younger of the two, who took it up and playtupy pointed it athis companion, The latter cauti him to take it away, as it might go off; but the little boy laughingly answered, ‘Ub, no it won't.” T words were scarcely spoken wi the pistol di charged, The bullet lodged in neck of young Stockin, grazing jugular vein, The wounded boy fell (0 the floor, and his companion, much frightened, gave tne alarm. Mr. Wentworth entering hurried! conveyed the little sufferer to the New York Hospitai, where the ball was extracted. His condition is con- sidered very precarious. A MERCHANT'S WAIL Fo tHe Epitor or THR HeRaLp:— Your article in regard to W. A. Darling -the ‘“Hon- orable,” ashe insists upon being addressed by those under him in the Appraiser’s Department—is not only welcomed by the merchants generaliy, but has long been looked for and known to be correct. Yet it is to be regretted that you did not give much more to the public. Who go to merchants’ stores on their way home and receive money and goods for tho examina- tion of merchandise and other pretended favors? Who steal packages from casos “received in good order?” Complaints are rade and they are turned off upon the cartmen and steamship companies, ‘ No re- dress from the Honorable (?) W. A. Narling— not to be expected from a man who would rob the widow and orphans of their savings, How many deserving and capable men upon small salaries haye been removed, as alleged, “by direction of the Treasury for the purpose of retren ign pot-house loaigrs from the * and district se beri ‘at higher salaries? Why was | the man who does his dirty work (Harney) taken from the ranasof the laborers, made a messenger, tao igno- rant for anything else and then the office of Sup intendent ‘Stationery at a sal- ary of $1,800—and perquisites out of the poor vpeners and packers—and Harney appointed? Why is there so much red tape and ynnecessary work performed? Why are goods delayed, errors continu- ally made and merchants and brokers annoyed and put to extra expense (a common question js, “How much is it worth ¥"’) and obliged to all the way from a cigar ora drink to as many dollars aa they can afford or presents of articles from their stores before they can get their goods? From the lowest to the highest of Darli appointees all aro ‘‘on the make.” Why. these things and wuch more rs been gomg on since he came into office, and we all wonder you have not exposed it before. This most important branch of the Custom House should be in the hands ofa known Dusincss man of integrity and ability, and not a miss able trickster and unscrupulous politician, Don’t let up, but clear them all out, and o! bhi ONE OF THE SUFFERING MERCHANTS, | | | | i | | TREASURE TROVE IN THE FAR WEST. [From the Denison (Mo,) Crescent.) About three weeks ago some $12,000 or $15,000 in gold and silver was dug up on the Widow Walker's placo, three miles south of Denison, At the timemen- tioned above two unknown men, accompanied by an . Indian boy, visited the farm, They hat a long rod | bi with which they probed the ground. Some trees grow- | ing near the place where the treasure was buried were marked, also a rock, on which were two rings, ove | H closure decree, Alexander K. Kerchets, re‘ houses, with lease of lots, each 18.9x100.5, of Forty-filth street, north side, 298, 9 feet west of i avenue, Astor leases, dated May, 1872, term one years, ove for $5,000 and the other for both to James Deviin. . Also a similar sale, Ingraham referee, aplot of land, 41x16.3x6x92.$x about 53, on West Thirtieth street, south side, % feet, east of Seventh avenue, and a lot, 23x98.9, adjoinin; on the east side, for $6,000, to Dudicy L. git ee R. V. Harnett sold, under foreciosure, four bricic tenement houses, two: in front aad two in rear, with Jot 50x100, on Second avenue, west Bide, 50.5 feeinorih oft Fort) Btreet, for $14,434, to Henry Kom, the plaauft PRIVATE SALES, The following private sales were made yest The five story brick tenement house and few Cask on the south side of phy Cg areeh, 18 of Second avenue, sold for $11,000, The house an tot, 25x100.5, on th Forty-ninth street, teot west of Nini for $25,000. The house and lot, 19x80, on the south sido of Seven- teenth street, 151 foct west of 000. Rutherford ples, sold for The house and lot 24.9x100, on the northeast corner: of Tenth avenoe and Thirty eighth street, for’ $18,500, ; The houge and lot, 25x100, on the north side of. Forty-eighth street, 75 fect west of First avenge, sold. tor $18,000. The plot of land, 75x100.5, on the south side of Sixty- third atreet, 70 feet west of Madison avenue, sold for $54,000, TRANSTERS RECORDED MARCH 31, 1876, Fa,No. 131, 348 1. w. of Oth av., 11.6x1083; = es BOS Mh, Wi, SOs10g ‘H ster 178 f 5 eit ier and others to Freeman Blood Bt, WB . n. Delancey Hacot Nebloas and wife io Martin Borner 46th at., 6. 8... 100 ft. w. 9th av., 25%100.4; Scott and wife to Join Gi Bt tv., 18.9%100.5 (leaze- pr kn 5 3, 10,000 sen Valken! Hounon see Ron ss Philip Kernenet... E. Bank, av, D, w. 8; 1 yea Galbraith, Joba, to dobn M. of 9 1 year... Same to same, s. «. of 45th st., w. of Kemmet, Phillip, to George Koch (No, 223) ; 2 yenrs.. or w. 3d av. ; 6 mont Lauterbach, Edws 66th BAD AIR IN THE HOUSE OF REPRESENTATIVES, To tug Eprron or THE Heray:— Detacerateaml republicans aro busy endeayoriog to shirk the responsibility {r the soul condition.of the atmosphere of the House. This morning the poor engineer is pitched upon as the cause of ‘all the trouble, and is accused of getting up all the fuss for mere partisan purposes to secure the introduction of some pet schome of his own. This is & very unjust insinuation. As a now man he may not understand all the great maze of undergroynd fresh air sewers; but, in accordance with the eld adage, “a new broom sweeps clean,” he is digging out agogd many dead ratsand much accumulated tilth from this. fresh air supply. The stirring up of this dirty pool makes a little additional stench; hence the row, Bus there never has been a session of Congress sines tho: unfortunately planned bails 1m been a succession bitter com- new engineer ;1t is achtonic difficulty commencing with tho compietio: oy the building, and has been made worse vy every oe A e ly incapable of comprenend: significant expedient resorted to vy the rac ty Unnatural system of ing'the rooms by pumping in hot air never hag bee! eatisiactory, and never can be made so uotils new race {8 manulactured, The present race of is bemmgs seems to be gotten ap y! lupted {o the national conditions with lef are surrounded. These conditions cold invigorating air for breathing and warmth radiation. Nothing is more bracing aad than a doo], fresh air and bright warm d unles? Similar conditions are Is of Congress yrambling wil still con matter whether there is wor Bic republican. And they may go on fiti with fam: within the other, aud an arrow pomnting tn the direc. | fr, tion of the buried treasure, it appears that the Walker family knew that the money was buried on the place, but it was a request of the Widow Watker that 1t should not be disturbed until after she died. A num- ber of parties have recently visited the place and the hole where the money was buried. The trees pointing to the spot and the rock with rines and arrow ou can be seca, The es of | the parties who came and tho treasure are known, we understand, to bo the Walker amily, The Indian was trom the Nation. The story seems incredulous, and, perhaps, must be taken with some allowance. It seeins ise 4 ble that the Walker family, knowing for so jong indde tr air cto ow er until after wher death, The story was told to us by hat K { } three of the sof who | ene eree tae ores a |e ‘streets in foun SaeRt Lastest tact a Beutel wash tiew tte gtcaecoe ay to can go better by re. | the preseut very unnatural and anscient ot ” pipes you pieare—if it is warmed to near the tempe | Ube blood tt will be debihtating, Inbal ar as bad as drinking lukewarm weuwe | was never 4 finer opportunity than (hat these buildings for doing a Splendid thing by armivg the marble and tiled doorsand tne iron easy matter indeed to mal comforttabie atmo: re with slight present building, and it would ost bat little orobghiy warm and ventilate the whole judgment and on commbn sense prit spent annually im tinkering ,and ment To put these hells in a cré@itablo condition a mattor of very great ecopomy as weil as one for which ihe nation at large woult 1 advoe whether dam Wasiixorom, March 21, 1876, Steak thieves te the family were up sinits yesterday, whi abd succeeded in getting away with $307