The New York Herald Newspaper, June 28, 1876, Page 11

< ) Seerst History of the Bleecker Street Railroad Management. ; MH Arguments of Counsel in the Rapid Transit Litigations. HOW DR. FOOTE PUL HIS FOOT IN I. cette cee enee data More Instalments for the City Legal Expense: Account. AN ALBANY CORRUPTION | FUND. Say avers WILLIAMSON CONVICTED paul are The Scope of the United States Supreme Court Emigration Decision. ‘There was continued yesterday before Judge Sodg- wick, holding Special Term of the Superior Court, the summing Up argument in the suit of the Sixth Avenue Railroad Company against the Gilbert Elevated Rail- way Company. Mr. Joseph H. Choate, on behalt of the Sixth Avenue Company, opened the argument in teply to Mr. Carer, Ho claimed that the Elevated toad had clearly no power to butid any other road than Was authorized by the Legislature. With regard to Mr. Carter's argument that the moditication of the plan as proposed, the road being supported on uprights, und Rot covered, was an exercise of the polico power of the Legistnture, he protested agains: tuking for anything else than what they seem to mean the words of a con- stitutional amendment intendea for plain people of the State, The constitutional amendment, Jauuary, 1875, says:—'‘No law shall authorize the construction or operation of a street railroad except on the condition that the consent of the owners of half tho abutting property and the local anthorities is obtained.” If the defendants relied on their subsequent act he contended that they must have such consont, If the defendants rely on the power of the Legisiature to alter previous acts, then the reserved power of the Legislature must yield. to the expressed wish of the people. He discussed at length the constitutional questions involved in the controversy. A clear analysis was given. of the voluminous testimony offered on both sides, and he urged that this testimony showed con- clusively that the running of the Gilbert Elevated Rail- road on the track of the Sixth avenue road, i the magner proposed, would be the ruin of the latter road and a complete nullification of its chartered rights, which, he claimed, the Logislature had no right to do without full and ample compensation. Ex-Judge Porter replied on behalt of the Elevated road, He said the plaintiffs had already excluded every other means of conveying the public in large numbers on shat aveaue except the proposed road. If they can ex slude all othor means, then all who in future time will ave occasion to traverse that artery of health and commerce wit! have to travel on their terms, and by their conveyance. They will have to travel, 30,000,000 &@ year of them, two hours a day, standing, at five miles an hour—citizens in the midst of pickpockets, Ali this 1% of no moment to the Sixth Avenue Railroad, but it is to the courts and the community. It Is.of no moment to them that an hoor and a alfa day can be rescued: for busines But the people, the press and ‘the Leg’ soners' have declared the necessity, and it is too late to Oght against it. The .question has been already ad- Judged, not by capitalists raterested, ba: by men of teliect and men of mark, who devided that it w: matter of prime necessity for the city of New York “ that there should be raprd transit on Sixth avenue, and that the gorse railroad was insullicient, as the om- pibus lines were before it, though it might be a useful auxihary, That commission was one of we'gut and authority, and was indorsed by senators who devoted their lives to the study of she constitution and the wants of Now York. Judge Porter commented on the with which horses on the terry boats get uc- . oustomed to the thunder and whistle of an. cngi they cannot sce. Sheridan, he said, rode a horse up to the mouth of cannon, There was not 4 horse which was not first frightened at an omnibus, or street cir, or steam en- gine, ora steam whistle, or a hearse, or in crossing by a terry scow, or a procession with bands and banners, or a daucing bear within ten fect of him. Engines can be made noisciess, aud siguais can be given by pneu- matio tubes and the smoke can be consumed in the e: gine. ‘The defendants have the capital and the meat to do it, and they will have elevators for the. pas gersatevery station, He then referred to the no teomth century progress. ‘The opposition at first to office boxes, gas and Croton water, and insisted that the only question was, not whether the cefend- ante were authorized to make the road, which was too . plain, but whether the Legislature could empower them, Ex-Judye Comstock will make the conclud.ng prefoens this morning on behalt of the Sixth Avenue Railroad. The examination of witnesses in the suit brought by the Ninth Avenue Railroad Company agi Greenwich Street Elevated Railway was continued yes- terday, before Judge Van Hoesen, in the Court of Com- mon Pleas. The further witnesses examined we Gearge'C. Coe, Charles Demarest, Thomas Doré, Los Ing N. Fuller, Everett P. Wuecier, H. B. Claflin, James f. Taytor, John F. Luth, Thomas’ Fiyon and Edward ree ‘twas simply cumulative testimony. In this suit there have now been examined sixty-seven wit- nessex tor the defence against cighty-seven examined for the plaintif. An eitort will be made to finish the poner ag to-day and sum the case up to-morrow or next day. THE BLEECKER STREET RAILROAD. The previously adjourned examination into th fairs of the Bleecker Street Ratlroud Company was con- tinued yesterday betore the referec, Mr. Isuac Dayton. ' Mr. 0. B. Bright, counsel for ‘the Twenty-third Street Railroad, recalled Mr. George Witzen, a member of the Legislature during its last session, who testilied that he saw the receiver in Albany during the session before . the Committee on Railroads, On cross-examination by Mr. Kobbe the witness said he introduced a bill to re- | move Teceivers Of corporation proper:y on the applica. + on of two-thirds of the creditors; the bill was bande! | to him by Mr. Sharp, whom he had known fora number } of years; he did not think he was asked by the reveiver why be introduced such a rascatly bill, and made an- swer that he could not belp it, as he played poker with Jake Sharp at the Biossom Club—the question on this point he regarded as without foundation; ho remem- bers of but two bilis having been given him by Mr, Sharp, and those he presented for him. John T. Conover, bemg cross-examined by Mr. Al- gernon 8 Sullivan on Uechalf of tue receiver, testitied that he was not the bovkkeeper or the treasurer of | the road and could give no explanation of tho pay-, ments made under the head of ‘protection accowat; ‘% appeared on the book that some of weeepad to oT. OR Bute not tell who T. R. Butler way, unless he was the President of the Sixth Avenue road; he supposes ti mon+y Was paid to some one to go to Washington and keep im torce tho privilege of coarging au extra cent to eacts passenger while the fractional tax remained in force against the company; be aud str, Butler formed 2 committee to induce (be newspapers to advocate the shi ol the extra cent; as such committee they oailed on the laté Horace Greeley, and after expluiniog to him their business bis answer was, “Gentlemen, my experience in isrming is that the price ot produce js coming down and under such circumstances I ot advucate an increase < car iid in e cy the road Was assessed that of 000 fn the account wes spent, as far as he knew, Jor dimoers and suppers, &c., at Albany; the same bad beeu the custom early every year, (heit representa- tive im Albany veing D. L. Conover; since Is7y they bad no represtaiauive there; ho kuew the $24,000 was raised by notes of the company, but could not say if the four notes for $6,000 each, introduced rm testimony, ‘were the notes used for that purpose; be did nat know jow much of the Bleecker Street Company's ground be occupied to store Jumber on or how much tt was ‘worth; he did not remember any instance of a propo- ation to lease the Bieecker street road when sach Proposition Wid not come through a director of the Froud, but he did not think they had anything to do with getting 1 up; ho did not know that at the ume the receiver was appointed there was about $2,400 on baud as deposits by conuuctors, which has ever come into the hands of the receiver, nor did he kaow what became of it ver handled any of ums, roll them up ther room with the gbt the receiver came to the safe and witness tvok possess: ‘ears to employé Previously, the current rxpenses salaries Were abo $2,000 a week; they -bad about 400 horses at thé timo the receiver came 1D. and were ru about thirty-two ta i tock he réceived from the treasurer, but paid the com- jong Ryn g for them, having previousiy paid there- one Of the original grantces; tue company kept ; Commissioner, _NEW about 400 of the bonds for itself; he did not knuw how many each of bis associates got of the bonds At this point the lurther examination was adjoui till to-morr: SUITS AGAINST THE CITY. At length, after o trial which bas lasted nearly three weeks, before Judge Larremore, hglding Supreme Court, Cireuit, the suit brought by Richard C. Fellows, assignee of Michael Noonan, the facts of which have been fully published in the Hemaup, was yesterday Drought to a termination, The suit was on contracts made by the city with Noonan for the construction of various uptown sewers. There had been paid on these contracts $169,000, and the present suit was for a bal- ance still claimed to be due. A very clear and coucive charge was made by Judge Larremore, and with such clearness were the facts of the caso set forth that the. jury, after very brief deliberation, was enabled to agree upon its _ verdict, which was for the plaintif! for $60,319 53, being the {ull amount claimed, with tnterest, From the nature of the case it was a very dry suit, which was only retieved by an experienced juror who one day, having got tired at the long session of the court, very niively arose in his seat and moved that the court ad. journ. ‘The motion excited a rebuke trom Judge Lar- Temore and laughter trom the lawyers, but did not ac- complish the end'desired, ‘Two other suits agaist tho city wore tried yerter- day, the plainuff in each case being Charles Develin, aud one of his suits was ty recover on a contract for building asewer in Eighth avenue, and the other, a similar Fuit, to obtain payment for building a sewer in Ninety-third street. The defence in both cases was that they were not valid contracts, the Common Coun- cil not baving pasged ordinunees authorizing the work. Judge Larremore overruled the defence and directed & verdict in each case for the plaintif’—the verdict on the Eighth avenue contract being $4,163 6% and on the Ninety-third street contract $13,002, Before Judge Van Vorst there was o tried vester- day a suit against the city, Eliza A. Staats, in Decom- ber, 1868, shipped on some ice in Ninth avenue, near Fitueth street, and claimed $10,000 damages from the cl Her right hand in talling got twisted under the arm, disabling her from pursuing her vocation as seumstress, It was proven that she knew that the street was in a dangerous condition at the time, and this being construed ag contributive negligence whe complaint was dismissed, * Before Judge J. F. Deiy, in tne Court of Common Pleas, was tried yesterday the suit brought by Patrick J. Mullaly azainst the city for salary for four and a half months in 1872 as attendant in the Court of Gen- eral Sessions. The defence was that he had not per- formed the service and that another person wae ap- pointed m his place. The defence was held good and the complaint was dismissed. CONVICTION OF DR. FOOTE. The case of the United States against Dr. F. B. Foote, who wag on trial on an indictment charging him with sending obscene literature through the mails, was yesterday brought to a close by the conviction of the accused, General Forster conducted the case tor the prosecution, while Mr. Harland appeared for the de- tence, Judge Benedict, im charging the jury, said that if they believed, or inferred from the evidence, that the notices which constituted the gravamen of the offence, as charged io tho indictment, giving intor- mation. where the contraband articles could be procured, were distributed from the office of the defendant by his empioyés, with his concurrence or approbat.ou and to his advantage and, ia pursuance of a system established by him, be was guilty as charged in the indictment. As to the pamphlet, it was for them to determine asto is immoral tendency or otherwise. After a brief deliberation the jury returned a verdict of guilty on beth counts in the indictment, The prisoner secmed to be considerably affected by the verdict. Counsel made a motion for arrest of judg- iment, argument on which will, be heard to-day, Ap plication was then made for his release on buil, which as fixed at $10,000, the accused giving bonds in that amount to appear for sentence ou the 11th of July next. THE M’CUNN CONTEMPT CASF, ‘An application by counsel on behalf of Mrs. McCunn, widow of Judge McCunn, was made yesterday in Mare Court, Chamberz, before Judge Goepp, tor her discharge {rom custody and to vacate the order of arrest. It will be remembered that Mrs. McCunn was arrested on Saturday last and lodged in Ludlow Street Jail, for alleged contempt of an order of the Court, In & suit brought by Dr, Gano, a brother-in-law of the de- on Judge and ono of the executors named tn his wil, On the hearing of the application Judge Goepp said that he was anxious to give the ap- plication his best consideration—tbat if the applicant were a man he might be inclined to act otherwise than he intended in this case, but that, as he could not lower the amount of security which Jucge McAdam “had thought proper to impose, he wold now fine Mrs, McCunn only in the sum of $100, to be paid in thirty days, or the attachment to stand, without prejudice to her counsel to apply for extension or other relief On the first Monday of July argument will be heard opon'a motion im Supreme Court, Chambers, to vacate so much of the order appointing a receiver of the estate as includes in his receivership the house specially de- vised to her by her ate husband—the house now known as No. 208 West Twenty: first street, HOYT, SPRAGUE & CO.'S ESTATE. Mr. William P. Dixon, referee, tiled yesterday, in the County Clerk's office, his second report of the condit‘on of the affairs of Hoyt, Sprague & Co., the great Rhode Island woollen manufacturers. He reports that since June, 1876, when the first report was tiled, the claims against the estate, amounting .to $2,894,673 66, have been proved and allowed, Annexed to the report is a schedule containing a hat of additional creditors and of their claims. Among them are the National Exchange Bank of | Providence, $64,025 60; H. 1. Kerdell, $56,259 63; Warren Institution for Savings, $20,023 33; National Hope Bank of Warren, $10,009 60; National Bank of North America, $3),020 70; David Hopkins, $1,009 73; National Phamx Bank of Westerly $11,427 90; Alexander Farnham, receiver, &c, $95,474 70; National Bank of Commerce, Providence, $01,282 40; Commercial National Bank, $77,301 26; Winthrop de Wolf, $742,131 66; Manbattan Company, $30,020 18; ° First’ National Bank of Providence, 309 60; Wordham County © Savings Bank, 150.165 09, and others: ranging from $1,000 upward, The referee also reports that upon these claims the re- ceiver should pay a dividend of ten per cent from the funds in his hands. SUMMARY OF LAW CASES. Judge Van Brunt, who, during tho last term, has been holding Trial Term, Part 1, of the Court of Com- mon Pleas, yesterday finished the calendar. Every case on his calendar was called and tried. On the motion made before Judge Donohue on Mon- day for an order prohibiting the Judges of the Marine Court from entertaning supplementary proceedings a decision was rendered yesterday adverse to the relator in the case. In the matter of the insolvency of the Arcadian Clu, noticed in yesterday’s Hurato, Judge Donohue made an order yesterday directing the dissolution of the cor- poration and appointing Mr, Robert J. Roosevelt re- ceiver of the club’s property. . ‘The case of Rubin vs. Tho Brewers’ and Maltsters’ Fire Insurance Company was yesterday begun before Cluet Justice Shea, ia Marine Court, Vart ‘This ix one of a series of suits brought by plaintifl against various insurance cumpantes doing business 1 city Jor damages by fre to his stock of goods in 1873, and is likely to occupy tne attention of the Court during the remainder of ine week, Ex-Judge Cardozo appears for plaintiff and Lewis & Arnold tor defendants, in the waiter of the petition of Jobo J. Hannalis, a bankrupt, Judge Blatchford yesterday rendered Ins de- cision, reiusing to discharge the petitioner from bawk- ruptey, it appearing that be, kept no cash book, ledger or journal from Juue, 1874, to January, 1875, so that no account of payments for that portod could be own, In the United States Circuit Court, yesterday, the following named persons, previously tound guilty, were sentenced by Judge Benedict:—Charies Moore, asanult y , $1 fine and thirteen montis’ ings County ander Strause, obtaining registered letters by means of | a forged order, erghteen months; David Carboue, con- Victed of passing counterfeit bills, four years im Kings bates“ Petitentiary. In the suit brought by J. B, Isvacs against the Board of Edacation, reported inthe Hena.o, Judge Bhea yesterday directed a verdict forthe plainuil lor $1,423, on the ground that the Lourd passed a resolu- tion in Mareb, 1875, to deduct $50 for deficiency, the balance to be in full forall due on the work, and that that action overruled the objection as to &® want of cor- who ited States on application for extradition on charge of committing a jorgery in Austria, bas been coucladed. Au important law question has beep raised as to whetber te treaty ‘ro.ctres the offence as far asthe documentary proof establishes any valid the accused, and on thie it the jas taken the papers and reserved bis DECISIONS. GUPREME COURT-—CHAMDERS, By Judge Donobue, Jessop vs. Downs. —Order granted. Weil vs. Weil. —Decree of divorce granted to plaintiff. Freeman vs. Ashiey.—Receiver appoint Lewis vs. The Chicago and China Te: Motion denied, Le Roy vs, Webv; The Society for the Reformation of Juvenile Delinquents vs, Myling et al. ; in mai ot Austin; Conuit va Henson and Fardham v. Stevens, —Granted, Hall va, Hall, —Party who served the summons should be examinea by relerve, Notick to Tue fan.—The motion calendar for the first Monday in July wil! not be taken up uniil Weanes- day, July 5, at twelvo o'clock, When the entire wiil be called (rough, All motions set down or noticed for Monday, July 3, will stand over until Wednesday, July o'clock A. M. SUPREME COURT—SPECIAL TERM, By Judge Larremore, Overhiver vs. Dean et ai.—Findings and decree sct- tled and signed, By Judge Tawrence. Murray va. Armstrong (two cases). —Upon lookin, these ome tor pike Ai Toad menocaneon row | tne piniati#’s counsel to the effect that as neither of the deiendanty have tiled briefs, he shall submit the cuses as they stand. There is some misapprekension on this point, both the defendants having presented briefs 1 shall be at the Special Term room on Thurs- day next, at baif-past ten A. M., at which time I re- quest counsel to appear before me, The testimony is ot with tho other papers. Gallaud vs. Rosenticid et al.—In the case of ley va Smith, 10N. Y. Reporte, page 489, it was heid that one partner may maintain an action at law against another lor a breach of the copartnersbip articles in dissolyin before the period in the articles limited, and that the action might be muintained before the expiration of the period for which the parinership was to continue, It was further decided that the plaintiff's remedy was not confined to an accounting in equity, . 1 am, ther ; tore, unwilling to boid that the complaimt in this ac- tion’ is had under the first point made by the defend- ant’s counsel. The complaint states a conspiracy, 10 substance, between the plaintifl’s partner and the other detendants to break up the partnership. If the complains is indefinite antl uncertain the remedy is by motion, On the other point the detendant must, how- ever, pore It appears on the fuce of the complaint that the word “compupy” represented no person who was a partner, and that 1 violation of the statute. (Laws 1893, chap. 281.) If the partnership was illegal no right could be acquired under it, In Swords vs. Owon, 43 How, 17, it was held that the prohibition being against transacting busin it renders it uplaw- ful for any person ta conduct his business under the designation of a Co,” unless such addl- tion” represents an actuai partner, and that such Person cannot. make any executory contract Whatever which can be enferced by him while using such prohibited titte, Jn O’Toole vs. Garvin, 1 How., 92, the fact was not pleaded as adeience and did pot appear on the face of the complaint, and it was held that the statute did not avail the defendant (per Daniels, J.V., 94). Here itappours on the face of the complaint and can be taken advantage of on demurrer, Judg- ment (or defendants on demurrer, with | ave to plain- Utls 10 amend on payment of costs, Galland vs, Stebbins et al.—White the complaint in ‘this action could have more fully and explicitly charged thut the representations made by the defendant were not only taise in fact, but: known to be so by the de- fendant, I caunot agree with the learned counsel for the defendant that the complaint does not xtate facts sufficient to constitute a cause of action. The first paragraph alleges that the represen\atious were re- peated with like intent and to induce the plaintif to purchase the sto that the platnuui! —pur- chased, relying on euch representations, and it is further alleged, substantially, that the plainud how admits that his representations were untrue. This seems 10 bea sullicient statement, not only that the represontations were untrae in point of fact, butt the defendant knew them to be so, Demurrer over. ruled, with leave to defendant to answer on payment of costs, COMMON PLEAS—SPECIAL TERM, By Judge Van Brunt. Wooster ve. The Forty-second street pany.—Case settled. Schaefer va, Henkel-—Findings settled, GENERAL SESSIONS—PART L Before Recorder Hackett, ALLEGED FALSE PRETENCES. On the Ist inst. Charles H. Peck, cashier for Durand | & Sons’ sugar retinery, No. 428 East Twenty-fifth street, paid the employés of that establishment. Among others John Flynn, a biacksmith’s helper, received the gum of $55 91. The charge against him was that shortly alter receiving his own wages he again went to the cashier, and, representing bimseltus Richard Flynn, another employé, ob:ained the sum of $53 16 prisoucr denied the allegation, and the jury, being un- able to agree, ho was admitted to bail, A FOUR HUNDRED DOLLAR MISTAKE. Heyman Goldstein, a tailor, ot No, 98 East Brosd- way, was indicted under the following circumstances:— It appeared that the accused did some work for Mre. Sophia Horneburg, No. 152 Essex street, the charge for the same being $3 50, She handed him, ag she sup- posed, $4, and he gave her fifty cents in change, Theo prisoner, it seems, forgot his book, but in the course of the evening “he eume back to the complainant's house and obtained it, Next day Mrs. Hornebarg discovered that she had Jost $400, and, believing that she bad given to the prisoner that anount in mistake, had him ar- rested, The jury were unable to agree, SNATCHING A FOCKETBOOK, George Smithson, of No. 345 East Houston street, was convicted of snatching a pocketbook, containing $5, from Christine Frederick of No. 165 Ludlow street, on the 12th,jnst., while she was walkiog along Orchard street, He was sentenced to tho State Prison for five years. } Batlroad Com- PETIT LARCENY. Moses Lauter, of No. 436 East Houston street, was | convicted of stealing some clothing from the store at | No. 419 East Houston street, and was sentenced to six months’ imprisonment. Alea Tilton, of No. 105 Weat Twenty-first street, pleaded guilty to the charge of grand larceny, and was | sent to the State Prison for two years. THE JULY TERM. Judge Gildersleove will formatly open Part 1 on Mon- day next, but in consequence of the Fourth of July falling on Tuesday vo ‘business will be transacted. Neither grand nor petit jurors noed be in attendance wotil Wednesday morning. GENERAL SESSIONS—PART 2. Before Judge Gildersleeve, WILLIAMSON CONVICTED At the sitting of tho Court Judge Giluersleeve pro- ceeded to charge the jury in the case of Charles J. Williamson, who's indicted for uttering a forged bond of the Buffalo, New York and Erie Railroad Company, knowing the same to be forged. The Court reviewed the evidence at tength aud called the attention gj the jury to the various pomts of law bearing on the’ The main issue to be tried was whether at the time the prisoner uttered the bond he knew it to be false aud fraudulent. The jury retired at twelve o'clock and after an absence of two hours returned a verdict of yulity. ¥ Tho prisoner was remanded for sentence and the Court adjourned tor the term. POLICE COURT NOTES.- Morris H. Jackson, who assaulted and kicked Dr, Shine, of the First ward, on Monday evening, as re- ported in yosterday’s Humato, was taken betore Justice Wandell at the Tombs las evening, and held in $300 to answer at the Special Sessions, ‘Thomas Sullivaa, an ex-convict, was acting ina dis- orderly manner in Mulberry street on Monday night, when Officer Michael Gilroy, of the Sixth precinct, ordered him to move on. Sullivan immediately rushed at the oflicer, snatched bis club and struck him over the shoulder, The officer grappied with his ussailamt, and alter « brief struggle succeeded in subduing bim and securing his arrest, Before Justice Wandell at the ‘rombs yesterday Sullivan was held in $500 bail to answer ior assauit and battery. Michael Callaban ard Daniel D. O'Connor, of the First en before Justice Wandeli yesterday on ging them with taving feloniousiy an of No, 18 Morris street, by discharging the contents of three barrels of a revolver atbim, The Court dismissed the case for want of suflictent evidence. Shanahan is said to belong to the “stable gang’? George Hansen, who said he was a carpenter living at No, 223 Mulberry sireet, was held for trial by Justice Smith at the Washington Piaco Police Court yesterday for stealing $4 irom Francois Cusin, of No. 19 West Houston street, COURT CALENDARS—THIS DAY. Surnewe Court—Caamuri vrres by Judge Dono- bne. . 70, 100, 108, 110, 117, 120, 121, 44, }, 186, 19%, 194, 198, 208, 226, 227, 231, 233, 234, 239, 240, 240, 247, 248, 249, 260, 252, 254, 254, 255, 250. strnxamx Covrt—cmcurtr—Part 1—Held by Judgo Barrett, —Nos. 1311, 252, 114%, 1360, 976, 1929, 2072, 1527, 1550, 1801, 1651, 1809, 67544, 1725, 1617, 862, 595, 669, 3207, 1469, 1721, 184549, 1847. 6134;, 164744. Part 2—Held by Judge Van Vorst.—Nos, 2808, 1011, 1164, 3012, 1028 | 2046, 1322 Part 3—Adjourned until to-morro . Surenion Covurt—Srscian Teru—Heid by Judge Sedgwick, —Case on—No, 41. No day caiendur. Hocsen.—-The demurrer calendar will be called at eleven o'clock A. M., after which the case now on trial, No, 24, will ve coptinued. |" Commoy Pixas—tmian Teru—Part 3—Held by Judge J. F. waly.—No, 1990. Count oF GENERAL Sesstons—Part 1—Hold by Re- corder Hackett.—The People vs. John Keenan, hom!- cide; Same va. John Glynn, sodomy; Same vs. Heury 5 assault and battery. SUPREME COURT. Avaaxy, Jung 27, 1876, Some time since Jacob Schwa) proccred a judgment against the State of New York for more than $11,000, and the Auditor refused to pay it. Justo Westbrook granted a perompltory mandamus to the Auditor to pay the amount, He refused to obey the commands of the Court, but appeared at Kingston, by counsel, some weeks ago, aud wanted the jodgment set asidg and the case opened. A postponement was effected, and to- day, Wo one appearing un behall of the Auditor, Justice Westbrook rendered the following decision : ‘The motion to set aside the judgment is denied and the application toran order on the part of the relator in, ‘ hd defeadant having had full opportunity to defend upon the meris and the complainant baving andounced inat the cause would be tried ou the day it was the Attorney General should excuse bis leaving the court room nd wot defending. Second—When the sum due a relator had been so fully adjusted, settied and ascertained as the claim of tho present rclator has been, facts should be shown showing mistake ortraud. ‘The ailidavits aro not too we for the arrest of the rift was directed to take hit until he could pai Dimself of the contempt and pay $10 costs of 4) motion. Tho caso of tho People ex rel. Wittiam E. Demarest et ab vs Charis 3. Fal as Attorney General, ‘was before Justice W to-day, Iu 3872 the law in relation to in tne city of Now York was chanzod so aa to logislate the Aldermen out of office the tollowing year. and some otbers received Commo’ Puras—Equity Txna—Hela by Judge Van | votes for | Smallpox. | Court we cannot, upon motion, the office of Assistant Alderman, and claim to have been elected to the office, masmuch as the uct legislate ing the Assistant Aldermen out of oflice had becn de- clured unconstitutional. ww York, appeared Hon, Matthew Hale for s counsel for De- Attorney General, Justice Westbrook ordered the matter to stand over until the next special term, to be held on the last Tucs- day of July next, UNITED STATES SUPREME COURT. DECISIONS. Wasnixcron, June 27, 1876, “The Supreme Court of the United States have de- livered opinions in the following cases: GOVERNMENT TRAXSPORTATION—CONSTRUCTION OF CON- TRACTS THRREVOR—THE TRAVEL OF UNLOADED TEAMS. No, 201, Samuel Black ¢t al., appell vs. United States—appeal from tne Coart of Cla! —The trans- portation for which compensation is now asked was “from one point to another within ihe route,” and full payment bas been made therefor ‘according to the distance the supplies were transported aud agreeably to rates specitied im the tabular statement.” It is claimed, however, that as Fort Phil Kearny, the pomt at woieh the supplies were recetved for tranepor- lation, “was within the route,” the cdutractors are entitled to compensation tor the distance that was travelled unloaded to reach that place, 6s well as for the distance the supplies were curried, This ¢ bused, not upon any express provision in the requiring or even permitting such paymen cause, as ts insisted, the service rendered Was not in- cluded im the obligation of the contract. Tho argument that the places named in article 1 are the only places at wuieh the con- tractors were bound to receive the supplies to be transported, But this excludes from considera- tion articies 2 and 14, by which the contractors bound themselves, not only to transport under the agree- meut from the posts, depots and siations named in article, but also *trom and toany otver posts, depots or stations that might be bitshed withinethe dis- trict deserived tn said article,” and ‘irom one point to another within the route.” For the purpuses of con- struction We must look to the whole instrament, The intention of the parties is to be ascertained by an ex- amination of all they have said in their arguments, and not of a part only, In Caldweil’s case (19 Wall., 264) we decided that the terms “posts, depots, or stations,” as used in articles 1 and 2 of his contract, ‘in the presence of actual War and in reference to military stores,” included military posts and stations aloue. Consequently it was held that Caldwell could not claim the right of transporting supplies from railroad sta- tions within the districts which» Were not at the saine me military posts, stations, or depots, In. the pres- ent case the starting point was Fort Phil Kearny, a military “post.’? and, cousequentiy, a “point” within the district at which the contractor could, under the ruling in Caldwell’s case, be’ required receive stores and supplies for tram It 18 @ noliccuble fuct, thougu perhaps un cumstances of this case unimportant, that the provis- to within the route,’ which is found im article i¢ of the contract in this case, is not to be found tu Cald- well’s contract: His contract was for the year 1866, this for 1868-9. It is not impossible that the clam made by Caldwell may have suggesied the essity for this change ip the terms of such agreements, In Cald- well’s contract, too, article 1 provided that store should be received for transportation “at any points or Lene at which posts or depots shall be established." ere the same articly provided that they should be re- ceived “at such point’ as may be determmed upon dur- ing the eng on the Omaba brauch,” &., omitting the further provisioa that it should be a “post” or “depot? We are clearly of the opinron that the ser- vices rendered by these appellants were within the re- quirements of their contract, and that the only com- pensation they aro eutitied to is for the distance the ticles. were avtuaily earrica, and agreeably to the Tates specitied. aflirmed. ‘The Chief Justice delivered the opinion. THK POINTS DECIDED IN THR NRW YORK AND LOUISIANA KMIGRATION Cask: Nos. 220 and 233.. John Henderson and Thomas Henderson, appellants, vs. William H. Wickham, Mayor of the city of New York, and the Commissivners ot Emigration,—Appeal from the Circuit Court for the Southe.n District of New York. The Commissioners of Emigration, uppellants, va, The North German Lieyd. Appeal trom the Citcuit Court for the District ot Louisiana. The text of this decision having been published im full, the tollowing statement ut tts seope, us prepared by the Justic denwering the opinion, 13 the given for the convenicnee of public:—The case of the City of New: York vs. Miln, (T. Peters, 203,) decided yo more than that the requirement’ from the master of a yessel of a catalogue of his passengers landed: tn the city, rendered to the Mayor on oath, with a correct deserip- iF names, ages, Occupations, places of birth legal settlement, was a police regulation power of the Stute to enact, and not incon- sistent with the consutution of the United States ihe result of the passenger cases (7 How., 283) was to hold that a tax demanded of the master or owner of tho vessel of every such passenger was a regulation of commerce by tho State, in conflict with the constitu tion and laws of the United States, and, therelore, youl. These cases criticised and the weisht due them as authority considered, in whatever language u statute may be framed its purposes und constatutional validity must be determined by its natural and reasonable offect, Hence a statute which imposes a burdensome and al- most impossible condition on the sbipmaster as a pre- requisite to his landing his passengers, with an alterna. tive payment of a small sum of money for each one of thém, is, in fact, a tax on the shipowner tor the right |, to land such passengers, and in effect ou the passenger himsell, since the shipinaster makes Bim pay it im ad- vance as part of bis fare, Such a statute of a State is a regulation of commerce, and when applied to passen- gers trom foreign countries is m regulation of com- moree with foreign nations, Tt is no moswer to the charge that such regulation of commerce by a Stato is forbidden by the constitution to say that it falls within the police power of the States; for’ to whatever class of legislative powers it may belong, % is prohibited ta the States if granted exclusively to Congress by that imetrument, Though it 'e conceded that there is a class of legislation which may affect commerce, both with for- etwn nations and between the States, ‘n regard to which laws of tho States may be vaitd in the absence of ac. tion under the authority of Congress on the same sub- ject, this can have no reference to matters which are in thetr nature*national, or which admit of a unilorm system or plan of reguiation, The statates of New York and Louisiana here under consideration are tn- tended to regulate commercial matters Which are not only. of national interest but of national concern, and which are alsy best regalated by one uniform rule, ap- plicable alike to ull the seaports ot the United States. These statutes are, therefore, void, because legisation on the subjects which they cover is confined exclusively to Congress by the cluuse of the constitution which gives that body the “right to regulate commerce with foreign natious.”? ihe constitutional objection to this tax on the passenger is not removed beeause the penalty for failure to pay does not accrue until twenty-four hours alter he is landed. The penaity is incarred by tive act of land- ing him without payient, and ia, in fact, for the act of bringing him into the State The Court does not, in this case, undertake to decide whether or not State may, ip the abscpce of all logit: jon by Ut ress on the samo subject, pass a statate strictly imited to defend itself against paupers, convicted criminals and others Of that class, vat is of the opinion that to Congress rigutiully and appropriately belongs the power of legisiating the whole sutject, Mr. Justice Miller delivered the opinion of the Vourt. PRACTICR—REHEARING APTER AN APPRAL IN KQUITY— THE PROPER PROCEDURE, No. 48% Willan Koemer, appellant, vs, Edward Simon et al.—Appeal trom the Circuit Court for tho District of New sersey, on motjon.—This motion 18 de- nied, It is clear that atter an appeal mm equity to this set aside a decree of. the Court below and grant wrehearmg. We can 1 aifirm, reverse or modity the decree appealed trom, and that upon the hearing of the cause, No new evie dence can be received here, (Revised Statutes, section 648.) ‘The Court below caunot grant a rehearing alter the term at which the final decree was rendered, (Equity rule, No. 6%) It would be useless to remand this cause, therefore, as the term at which the dvoree was rendered has’ passed. If the term. still coutinued, the proper: practice would be to make ap- plication to the Court below for a rehearing, aud have that Court send in or that it might proceed further with the cau Broukesaeh ‘request be made we might ina prope cage and under proper restrictions make the necessary order, but we caunot make such an order on the appli- cation of the partic, The Court below alone can mike the request ofus The appheation of the parues mast us dressed to that Court, and hot tous. Tue Chief Justice éelivered the opinion, ALABAMA. CLAIMS. Wasittxetox, June 27, 1876, In the Court of Commissioners of Alabama Claims to-day the following judgments were announced lor loss of personal effects and wages by the déstraction of various vessels:-— Case 1654, W. G. Lee, Southampton, N. Y., $400; cage 1591, Benjamin F. Dillingham, Honolulu, H. 1, $1,050; case 1502, James Henty Fisher, $700; ease 1927, John P. Kopp, Philadelphia, Pa, $324 25. For jus of merchanaixe by the destruction of the Flectric Spark by the Florida, July 10, 1864:—Cuse 1607, A. Marinon, New Orleans, Lin, $297 07; care 1702, A. HL. White, Now Orleans, La. $930; c ase Steven ©. Conion, exevator, New Orleans, $261 50; case 173 or, New Orleans, La, $672 43; case 1755, Henrietta Schwab, adininistratrix, Now Or- Jeans, La, ; case 1876, Gabriel Dupuy, Gaiveston, Texas, $1,086 2 in all the above cases interest at four per cent from the date of lores 18 allowed, SANITARY MATTERS. Tho following 1s an extract of the weekly report of tho sanitary condition of New York city for the woek ending Jano 24, 1876, submitted to the Board of Health at its regular meeting yesterday :— There were 443 deaths reporte1 in this city during the week ending June 24, 1876, being « decrease of 16 as compared with the preceding week and 79 lesw than were reported during the corresponding week of last year, ‘Ihe actual mortality tor the week ending June 17 was 431, which represents an anuuel death rate of 21.12 per 1,000 persuns living, the population estimated ut 1,000,044, “The sollowing is « comparative statement of cases of contagious disease reported at the Sauttary Bureaw tor the two weeks ending June 24, 1876:— r= Week Ending Juni, Sane wh, Pada) fever. v o 'yphold fever, 4 s Searles fever. 38 Corel Re 3 Diphtheria. w ay u uw jon for trausporiation “from one point to another@® reqaest for a return of the record | YORK. HERALD, ‘WEDNESDAY, ‘JUNE 28, 1876.—TRIPLE SHEET. THE POST OFFICE. Continuation of the Investigation on Building Expenditures. SR PS THE FENCE ADVERTISING - CONTRACT. Sdpervisor Potter's Letter-—Testimony of the Postmaster, United States District Attomey and Others. . AL REET eed ADJOURNMENT TO WASHINGTON. SASSO. SRE eae at The sub-committee of the House Committce on Ex- Penditures for Public Bulidings, charged with the in- vestigation of the expenditure of $227,000 in excess of the appropriation tor constructing and furnishing the United States Court and Post Office Building, resumed their session yesterday, Tho examination of Calvin T. Hulburd, Superin- tendent of Construction, was continued. Other wit- esses were exaitined during the day, and at five o'clock P, M, the committee adjourned, to meet at Washington tor the examination of the books and. pa- pers in the office of the Supervising Architect relative to the construction and furnishing of the sald building. Mr, Calvin T, Hulburd testified thatthe value of ma- terial used after the 11th of September, 1875, amounted to $6,727 48, the labor to $15,592 99—total, $22,320 47; the amount expended tor furniture after May 20, 1875, was $72,809 83. The following letter was shown him and the question asked if it had ever been received by bim:— Tarasony Derautwest, Orrick oF THe SUPERVISING AxCHITECT, x Septomber 11, 1825, Superintondent fost Ofice ‘and Court C.T. Hunucrn, bn House, New city: Sin—Upon receipt of thix letter work upou the building under your the exception of the work upon the fence fronting on the Please prepare and forward to thi Ht pons: : 4 Binal Your requisition for employes laborers during the month of with the excoption of twa watchmen. charge any ur all of the employes hefote tho expiration of the month, if, in your opiutun, thelr services are no longer required. Yours respecttully, ILLIAM A, POTIER, Supervising Architect. Mr. Hulburd repliod:—‘1 was disabled and not at my office during that month, but I understand that it was received ut my office.”” In answer to the jury, what explanation do you give fur the expenditure of $22,000 for construction after that letter was recoived ? witness went on to say that there was only one court room that could be occupied; THM OFFICES OF THE UNITED STATES MARSUAL and District Atturney wore not tinished; the building would baye been irreparably injured by the elements if the work already done had not been properly pro- tected ; the Post Ofice Department could not have been moved into the building, and that the costof the build- ing has not been under his control, except as to the you wil inte general management of the workmen, && The only. respect in which he could influence tne cost of the building wus in caro and pru- dence in the management of the construction; he never expended $50 outside of the authorization; the deficiency of $227,000 urosc almost solely from the extraordinary exertions made to complete the building 80 that it could be occupied; he thought’ they could havo reduced the detlciency if they had been allowed longer time to get ready for the Post Office Department instead of having a twenty days’ rush; but the build- ing could not have been completed and furnished as far as it is now for the amount of money at their disposal; the inspector who was here in August, 1875, was of the opinion that the rushing of work in that month in- creased the expenditures about $10,000; witness was not aware that any unnecessary work had been done in the building; all the working furnituro of the Post Office bad not becn provided at the time that department moved imto tho building; rough pine furniture was put together; some of that is still In use; the Postmaster told him that the increased facilities of this building had enabled bim-to dispense with the services of forty-five clerks; witness could not tell what 1t would cost to furnish the Post Uilice with the furniture now required; he had not finished and furnished any rooms tn the building that were not occupied; some are occupied that are not furnished; he could not toll what amoant:ot money would be re- quired to completo the building and furnish it, INVITING PROPOSALS. Q You have purchased material without making Contracts} did you have any instructions to do so by the Supervising Architect? A. I am not aware that we had “any except the instructions referred to yesterday. Mr, Potter and Mr, Mullett were often here and satd to me, ** You will invite proposals for such and such things, send out and ‘get the lowest prices, and order them without sending to the depart- ment. At first we used to advertise, but we found that sometimes tne bills for advertising were more thai the material we wanted to buy; Congress alterwards took that power from the superintendents. @ Could you have reduced the amount of the de- ficiency if you could have bad your own time to com- plote the building up to its present stage. A. I could; I think that it mignt have been redaced about one- third ; labor has fallen in price, but that could not have been foreseen; some of the materials used in the con- struction bave fallen in price; 1 ao not tnink any waste or improvidence resulted from working through tho rush of August, Q Then you think that $150,000 was actually re- quired above the appropriation to complete the build- yng mM the most economical manner? A, Yes, sir, 40 far as it 18 now completed. Q Has any part of the present indebtcdness been in- curred*by you without the sanction of the Supervieing Architect? A. No, sir, Q You say that you were urged to hasten the work by judges, the District Attorney, &¢., so that the build. ing could be occupied by them.’ Can you produce any written request from any of them to teat effect’ A. I think there may have been some from the Marsbal’s office, but requests for articies of furniture wauted for the Post Office Department wore accompanied by sketches, which were not acted upon until they had Uecn acted upon there. THE RENT OF THR FENCE, Q Who made the contract ou the part of the govern- ment for the rent ol the use ot the fpnce? AT di the price at first was $800 per mouth; there was a written contract; it was sent to Washington und ap- proved; but, by oue alter another the contract was thrown up, Until at last, during the last year, 1 did nos ask nor recewe anything for it, The money) was col- lected and deposited in the United States Sub-Treas- ury. & Were not tin, copper, coal, solder and workmen ployed here sent to constract the roof of the ustom House? A, The work was done here; the ma- teriuly were, sent here for that purpose by directions from Washingtou. Q. Were not those workmen carried on your payroll durtag that time? A. Not unless the timekeeper was false to his trust; 1 bave no personal knowledge of such a thing. @ Were the tools used to repair the warehouses on Laight street not made bere’ A. A portion of them Q. Did you keep any account of the labor for the purpose indicated abuve? A. It was entered on our daily reports. Q What disposition was made of those entries when you made up the roils’ A, They were Gropped trom tse ruil ior the tne being. @ [desire to call your uttention to tho remodetling of the iron work in the Tribune building by the biack- stoiths here! A, L never heard of it; not an hour ora dollar's worth of work for the Tribune building was done bere that | know of, @ Do you, str, Barlow? (The inspector, who was in the roon, rephed.) A. 1 know that the contractors were the sume; tl bad their own forges, men and material in both places; some of the work was done by them bere, .but wiih their own men, with thoir own materml and at their own vale expense; tke cop- tracts were for work set in place; they bad to turnish everything. The committee then took @ recess for an hour. AVTERNOOX SHSMIOX, The first witwess called in tue afternoon was Post- master Janes He said :—~I pave ‘Superin ‘oat OMice but repeate ly urged Mr. Mulburd to let us building ; | ba 10 recollection of writing to the sul on the 28th of August one-ball of the working furniture was in Ume; what had been furnished was with perm: furanure, and of the best order; all of the old turniture that-could be used was sent bere, and is now in use; tho remainder was sold by order of the Supervising Arctitect; the distribation departmetit for outgo:ng tnatter ts perfect now, and we need no more in thut de- there is no lurniture here that is not abso- jutely needed; we need more in other departments ; t! qualiy of tho new ure js excellent; w have bud to use for the distribution of city letters the old furnitare, rudely put together, which is thoroughly untitted for our purpose; w.th the improved furniture, rom hy Qham public sorts its own letters, the expenses have m reduced at the rate of $40,000 or $60,000 per annum ; that reduction tn the force has been made since the removal to this ng; the fast mail would have been impossible in the old office for want of room; the office is now open day aud night, and we mass the force between tour P.M. and nar F M.; 1 do not know of any expen: and Was reacued u second work or ful [0 was then arrested by Uiticer The new upright wp ture in the department, either for which was unnecessary; four men on : °, tables can do the work of five or six om the old the health of the force has improved about Pe cent since We came here; used to have about om death a month, UNITED STATES DISTRICT ATTORNEY BLISS testified that he urged upo: to have these offices finished pos the leases were out in the old building and proper terms could not be made with the owners; the re moval wus necessary to be made then, when It would not interfere with the business of the courts great Want in the courts is the want of judge: and not recall any particular conversation with Mr. Hub bard or Mr, Steinmetz relative to hastening the work but be spoke to them about it every nm; he thought the government would considerable money if they had spei little more; there were no is or window shades to protect the carpets, which are being soiled and faded; if they had drop Ii they could use one light, while now, at night, we bave to use a whole chandelier; I inade a requisition some time ago for cylinder desks on the Supervising Architect aud it was rejected; we | wanted them so that we could close a desk withoat removing the papers; after that they were furnisbed; { received five; 1 do not know anything about the expense; the old furniture was sold by ap auctioneer employed by Marshal Fiske; we tried to get inte this bi ing on May 1, 1875, but we eoule not do it, and had to getashort renewal of the leuser |! ofthe Chambers street court rooms; the annual reat of those rooms was, | think, $64,000; the government paid for keeping the rooms clean 1m the Chambers street building, but hero I have to pay for them myself, £0 that with tho same aliowance | have to pay $6004 year for the care of the rooms; busineas is greatly facilitated here; over a dozen mercantile cases, suits for dutics, have becn won in this building that would not bave been won in the Chambers strect batlding; because in that building contestt it torney could hear what witnesses suid to me before the cages came on trial, and the witnesses would disappear betore the cases were cafied; but in this building that cannot'be done. In one caso of wsuit for $34 duties the government was saved $2,500,000. The judgoa were of the same fecling as myself in regard to the ne~ cessity of getting into this bailding in June, 1875, asa matter of personal health. Deputy United States Marshal John E, Kennedy teg- tifled that the furniture in No, 27 Chambers street waa sold by appraisergnt to the landlord; the furniture a Nos 80 and 41 Chambers street, tormerly occupied:by the United States courts, was sold by publieauction, William G. Steinmetz testified that he had been em- ployed as the Assistant Superintendent of the buildii from the sprwg of 1870 for three yeurs; be was charge whenever the Superintendent was absent on leave of absence, and was in charge in September, 1875; he received a letter about August M, 1875, directing the Superintendent to tinish the buliding by September 1, 1875; had no knowledge o1 tho letter of September, il, 1875; it he bad he would have complied with it; there was no such letter received to his kcowledge. Q It such a letter was sent by the Supervising Arehi- tect, did it ever come into your hands? A, | have no recollection of having seen sugh a letter, Q Look at this letter and say whether you haveany knowledge of having scen such a letter? [Letter shown) A. Ido romember this letter; I understood ie to say ‘August 11, When this letter was received all the mea were discharged. That was done under the August let ter. Q If Mr, Hulburd was injured-on August 26, and was absenta month, aud you were in charge, do you mean to say that you had complied with the letter of August? A. That fotter was sent at_my suggestion. That letter called attention to the fact that tho Postmaster bad been instructed to remove from the old to the new of- fice, ‘Tho criminal court rooms could uot be completed at that time, Q. How near tho Ist of September did You cease to employ hands’ A. I think on the receipt of tar from the Supervising Architect about the middle of Sep tember, except in the criminal court-reom; ‘the letter of the middle of September was directed to me; the letter of September 11 | cannot say whether lover it Devore or not; if I received it I obeyed it; I know that all the lumber for furniture was purcnased 00 pro posals; 1 was never at McClave's place; the purchase ‘was the busiuess of the Superintendent and the Ingpeo tor; I bad charge of the public buildings here, tre. quently used condemn d mzterial on older works) it It was not returned it was taken out of the books of the inspector and paid tor out of the appropriations for such other buildines and wus always reported to Wash- ington and approved; I had a new roof put on the office; it was of coppers the cotitract was by tho same party who was working on this building; the men were on spectal pay roll, and those rolls are now in my office, and they were not carried ou the pay rolls of the Court and Post Oftice building; 1 think the foreman of the iron department here wis Joseph Warms; the men who removed tho old Post Office material were paid by direction of the Supervising Architect from an old appropriation not connected with avy appropriation for the Court House and Post ofiice building. Witness then gave detailed statements, with vouch erg, of the disposal of all of THE YORSITURE OF THR OLD TORT OFFICE, Head carefully compared the cost of this building with «hers in New York, such as ‘tho Slaate Zeitung, Masonic Hall and Western, Union, and by such com parison this building should have cost $10,000,000 1n- stecd of $8,500,000. This butlding cost. ninety-seven: per eubie foot, while the Western Union batlding | coat $1 02 per cubic foot. Mr. Kennedy recalied--The amount realized for olé court room furniture sold at auction $1,087 .7 that sold by appraisement, $1,720, out of which. $: was paid as appraiser's tces; the amount was di ted in the United States Trearury and tue ceruf: cate of depot sent to the Attorney Gonerat, ME, BARTON, RING RECALLED, said:—I etated in my formeft testimony that the amount of luniber purchased irom John McClave & Co, ‘was about $250,000; I find upon careful exumination of my books it was about $119,000; about $50,000 wus of contract. Q What amount was received for the sale of old lumber? A, About $400; 1 did not keep any regulat account of the moncy to received or of its expenditures the amount was so small, coming in at times, that T dit not keep an account; I have never rendered ang account of it to the government; I claim that it wamex+ nded Jor contingent expenses of the building; it wag opt separate in a drawer in the office; it was disbursed by order of myself or the Superintendent ; there was ne retuse fron sold, Q Have you sold any old iron? A. Yes, sir, C bave; I don’t know who the parties were; they wero jank dealers; I never sold any to dries; the amount re. about part tho balance I stitl re: the Superintendent; Joseph Wurms, a foreman of the iron works, tool some of the iron under the terms of the contract, sit provided that the contractors should furnish all mi and put it 1m place; the old iron I sold was odds and ends.’ @ Do you mean to say that the old iron you sold did not belong to the government? A. It did not belong to the government; if it was not removed by the cone tractors we notified them we would sell tt; kept ne roguiar book account of such sales; the total of ul sales for retiise amounted Lo about $800, Q Have you any reason other thun you have gives why you gid not kecp an account? A. It commenced an uccount for that fea- son, t Was no use commen in tho middie; could not give the names of the who bought such refuse material; have no knowledge, of the letter of the middle of August referred to by Mr, Steinmetz; have examined to sco if such @ lettor wae, received, but cannot find it; ft has been the custom te resord the substance of all letters reccived. ‘Yhe further taking of testimony was deferred until afl Fh n of the committee to be held in Was ingtaul. ee OUR MODEL POLICE, A TERRIBLE CHARGE AGAINST AN OFFICER~> HOW INNOCENT WOMEN ARE ENTRAPPED, At tho Washington Place Police Court, yesterday, be fore Justice Smith, Loutse Du Barry was arraigned by. Detective Dunlap, of the Twenty-ninth precinct, om complaint of Jennie Carter, @ resident of Rochester: The story told Judge Smith by the complainant te ' vealed a new phase of city life and one extremely dam) aging to the character of the police force, She said. that on the afternoon of the 14th inst she arrived in this city from Rochester, on her way to Wilmington, Del. At Albany her pocket was picked of all the money she had in the! world. On arriving at tho Grand Central depot shd lett ber trunk in the buggage room and wandered through the city until sho reached the Fifth Avenae: Hotel. Thero she met Officer Philip Smith, of wt Tweuty-ninth precihet, to whom she told ber } usking if he could recommend her to some hovel oF! Voaraing house where she could remain until she from her frends He said, “If you wait uate F get post I will take you to a house” She “LE cannot wait; tell me where I can go to.” then said, “Go to No. 54 East Twenty-sixth street, Mra Du Barry’s, and say that Officer Watson semt She went there und found the woman Du Barry in the restaurant attached to the house. On telling her Mrs, Du Barry said that it was all right ‘she remain there and showed her toa room, were she. slept that night. On the nextday the op roprictress: her that her room rent and bourd would cost week, and in the conversation which learned that the house was one of ill Twenty: Saturday night last Captain Steers, of thi ninth precinet, took the girl out of the house vrought her to the Thirtieth street station where she has since remained. Captain Steers force of his command to be paraded sho unhesitatingly tdectitied OMeer a4 tho man who tad sent her to tI gE i # Da The captain made a Note ar before the Police the missioners — against Detective Vuniap and all the Yesterday atternoon Marie Andresson, Victor who Were fou; to i Da the Barry, noth: the house beyond her own suspicions were discharged. ATTEMPTED SUICIDE, Yesterday morning John McCabe, aged twenty-tour, Of No. 48 Washington strect, while intoxicated, jumiped: overboard at pier 26 North River. He was rescued by) Officer Stack, of the steamboat squad, Whilo the oer wen wringing ou bie clotkes, McCabe H