The New York Herald Newspaper, October 31, 1876, Page 5

, Boody’s “Poo!” Suit Against Gov- ernor Tilden and Uthers. ‘THE ANSWERS TO THE COMPLAINT. It Is Pronounced a Blackmailing Operation. Tands Required by the Gilbert Elevated Bailway Company. There bas been already voticed in the Hsravo, in Ye Ordinary routine of court proceedings, ‘whren Henry H. Boody is plaintiff and William B. Og- den, Samuel J. Tilden aod George M. Bartholemeware @efendants. Were it not for recent developments, ‘which seem to bear the appearance, and which, on the part of defendants, is charged to bo a species of black- mall, in connection with the sult, the complaint in ‘the case would snow upon its face a mere ordinary Gircuitous legal statement of a series of stock opera- Bions, At the time of these alleged operations Heury B. Boody, the plaintiff in the suit, was treasurer of Bands of the Chicago and Northwestern Railway Com- pany in this cuy, and kiown generally in the opera- Moas of Wall street, but has since become, it ts said, Domewhat impecuniovs. He alleges substantially in 8 complaint that in March, 1864, he formed with ‘William B. Ogden, Samuel J, Tilden and George M. Bartholemew a combination to carry sufficient of the Bapital stock of the Chicago and Galena Union Rall- ¥oad Company to enable them to control the then next picetion of directors of that company, to take Placo im June, 1864, and to enablo them to consolidate the company with the Cbi- @ago and Northwestern company, of which all the parties excopt Bartholomew were at the time mombers of the Executive Committee, Under this ‘errangement Ogden was to have an interest of 6,000 sbares, Mr. Tilden 2,000 shares, Bartholemew 1,000 shares, and the plaintiff, Boody, in as many shares as it should be necessary to buy of the Chicago and Ga- Jena Union Railroad Company stock, in addition to the foregoing, and what proxies they might obtain to con- trol the on and effect a consolidation, which in- terest turned out to be 9,450 18,450, To this operation, plaintiff claims, none ot the defendants contributed any capital; but, on the con- trary, Mr. Tilden was a borrower trom bim during a Portion of the time of the operations to the exieat of 000, and for the whole time an average borrower to extent of $6,282 12. Ogden was a borrower dur- ing a part of the time to the extent of $164,041 34, and ‘gn average borrower irom plaintiff during the whole time tothe extent of $12,744 47. Bartholemew not borrower, but, on the contrary, had made him a loan $60,000 tor thirty days, In order to hold the stock during the ig and Mend J the operation through, he ‘platntit to raise loans ut a cost to him of 71,551 After the operation was ci and the consolidation of the two roads e‘Tected, plaintiff had a gettiement with the other parties to the suit, in which he paid to Mr. Tilden the sum of $26,000, to Mr. Oguen. $78,750, and to Bartbolomow $10,000, of whfeh sum $3, ‘Was subsequently returned to him. This set- tlement and these payments took place in Augusi ‘1864, and trorg that time until the fall of 1875, a pert of more than eleven years, the whole transaction was regarded as closed and settled correctly and satisiac- torily to all parties. About the latter dato, however, pate claims to have discovered that be had over- aid the othor partios, and receiving nosatistaction to is demand for a readjustment of the accounts, he vom- menced ip May last asuitin the Superior Court, asking for an accounting, and that the deiendants be adjudged to pay bum whatever may be found due from each of them on such accouvilog. Such is, substantially, Boody's complaint, and to it Mr. Ogden, the defendant most largely interested, makes answer. flatly contra- dicting {ts statemonts in almost every material particu. Jar. After such specilic denial ot the materal ullega- Sons of the complaint, the answer proceed: bhat “in each and every matter to whicn ¢ bons falsely made in the complaint bave Bnce, aud with which the defendant bad any conncc- tion whatever, the said plainiif acted as his brok: nod be (delendant) never was partner of said pi that all the facts relating to the accounts were at time (eleven years ago) known to piaintifl, a: that he (defendant) was wholly ignorant thereot and relied upon the good faith and statemonis of tho laimtift; that platutiff kopt the books of account ex- ively, and the amount paid to defendant was paid ‘voluntarily by plaintiff as the result of his own ac- counts; th + he never wasa partner with any of the @ther parties to the suit in this “F any other transac. tion, Ho further alleges that wn... (nul acted as e dopositary of tue funds of go and North- western Railroad Company 1 ya1, wiv he became a detauiter to the company, having appropriated to his own use a large amount of its tunds and applied tw dol for a lean him from exposure; t defendant did loan him a sum for that purpose, a et of which still remains unpaid; that as delendant id believes plaintif’ received mount of the capital stock ef the Chicago and western Railroad Company, applied to the ol the stock of the Chicago and Galena Union janroad §=Company, at Jame and recoived a Jal am of money, about Ee, which he appropriated to the pure! of aibna Railroad stock, and now claimed to charge this f yadant with such purchaso as if purchased with is (plaintift’s) own moncy, 1m short, if plain- yf should tully account ter moneys loaned and nd- vanced to him by Ogden hoe would be in debt to the tater to the extent of $67,500. The answer prepared on behalf of Mr. Tilden is still.more specific and em- phatic than that of Mr. Oguen, in denying the truth of ‘the material allegations vn which plaintiff assumes to found his right of action, He admits that he never contributed any money to Boody’s pretended ‘pool,’ end denies that he was at any timo a borrower trom Mt, or that be was a borrower from plainti® in ponbection therewith, or with any of its \ransactions, ond denies that there ever was Any such “pool” or association, or that he dyer received irom plaintiff any money as the proceeds preree He admits tho consolidation of the two roads, + denies that it was brought about by any such pre- nded ‘pool’? as that described by plaintid, or by any pool” whatever. He denies that he was ever jointly interested with plaintiff in the transaction referrea to, or any other transaction, but admits that prior to August, 1864, he had certain business transactions with She plainuf’ os a banker and broker; that in such transactions plaintiff kept all the books of account; that they were kept in bis (plaintift’s) office by plaintift pod his clerks, and defonuant never bad any control reol and was whouily ignorant of the same; that e (defendant) could not keep an account of such patters, as many of them were transacted by jaintif and reported to him, whether truthfully g not, he cannot say, and it was never pretended by plaintif? that defendant had of could far- sh any such accounts. In August, 1864, piaintiit stated an account of all trausactions between him and defendant, which account showed a balance due to de- fondant. Plaintif represented this account to be cor- and Dalance accurate; and thereupon this de- id statement, and ent of this action, and such settiement has been Requiesced in during all that time, In audition to these ficnials of plaintiff's allegations, on which he founds his section, the detenaants set up the fact that all tho trans- Action@ occurred more than six Biaim was therefore outlawed, aud thatoven iit ‘was any cause of action and plaintill’s pret opefations wore true, uit had given a release ‘one of the defendants, Bartholmew, which operated a @releaso to all, inquiry made ot the attorneys of Mr. Tiiden in the case elicited the further information in regard to this litigation the plaintifl Booay never toany ciaim of the nature pow set up by m unl about eleven years al the settiomont, wi Mr. Tilden’s name began to be whispered about asi ble nominee Of the democratic party for the Pt lency; that when be did thea prefer his elarm Mr. Tilden was utterly ignorant of owing him a flollar on any account whatsoever; but nevertheicss-he med it to institute an investigation he could have shut Boody olf at once by the auto of limitations), and if by error anytuing re- ained due to pay it This investigation had, through tome of the jormer employés of Buody, mado ft apparent that his claim was wholly unfounded, aod as tothe nee of a “pool”? he (Mr, Tilden) vever wad sa yihog ee do with Boody or with any one else in any jiat transacvion, About the time Mr. Tilden received his nomination Boody is charged win having gone to a fricnd of the Governor and saying to i Ay Tilden would pay his claim he (Boody) would stamp the Stato of Maine in his benall; but if be would nut settle then he (Boody) would go to the newspapers and he (Tilden) would find it agreat mis- take novto have settled. Notwithstanding Boody’s i fealty and alternative threat of news- paper hot 7 reiused 0 settle, allegin, that be could see nothing in the claim but a biackmail- ing effort, and while he was ready to expend millions for defence he would poy not one cent for tribute, Counsel for Mr. Tiden also referred in conversation 16 the fact that plainwfl’: jorneys had put ia an affidavit relating only toan extension of the time to answer a wholly importinent allegation as to Mr. Tilden having borrowod $60,000 uf the funds of a rai.road ‘with which he was oificially connected, Th: lega- tion fs pronounced, on the part ot Mr. Tilden, as bern; quite as false as thuso relating to a pretende l, and both absolutely false, It was turthe: Mr. Charies J, Canda, one of the Rapid missioners and former employé of the plaintiff, and familiar with the transaction, bh carefully examined Ihe accounts on which Booay pretends to base his plaim and bas given it as bis opinion that not a shadow of claim exists against Governor Tilden of his asso- pines. THE RAPID TRANSIT FIGHT. The Supreme Court (General Term) Juages held a special session yesterday to hear argument of coun- sel upon the application of the Gilbert klevatod Rail. yead Company for the sppointment of commissioners to conaemn certain property required for the road and appraise the value of the same. The property required is for the sinking of (oundations, about four feet square and five fect deep, to sustain the columns intended to support tho road, and is situated at South Fifth ave- nue, between West Third street and Amity lane Op- position is made by the owners on the same general rounds ‘8 raised in the suitof the Sixth Avenue Jiroad Company againat tho same road, recently tried before Judge Sedgwick, who decided against the right to construct the proposed clevated road, Mr. William M. Evarts, for the property owners, urged u sed Railroad Company had changed the structure and mode of operation author- wed by the Legislature, and, instead of using atmos. pheric pressure, they use steam engines, and, instead of having arches supporting the railway, spanning the road bed irom curb to curb, filty feet apart, they pro- girders on upright posts, not fifty feet apart, so that the land in questien would not be required, under the Rapid Transit act of 1875, giving to existivg cor- porations ‘a li! power” as a corporation specially formed ct, It was contended that in either case the & majority of the owners should have been obtained, i without it the railroad com- pany were actiag illegally. Ex-Judge Porter, in reply, argued that the service of the injunction six days belore the expiretion of the statutory term of two years stayed the running of that time, and the execution and delivery of the com- pany’s bond ‘effected an extension of that time six months trom the expiration of tbe stay. bing the character of the road to be built ordinary exercise of the police power of the State respecting the coatrol aud occupation of public strects and private property, and not a imitation in its franchise, The franchise ha fore the constitutional amendment required for its enforcement no consent by property owners. The modifications necessary to coutorm the road deseribea in the Gilbert charter to the Commissioners’ plans under the Rapid Trat 1 and engineering details. They made no Variation upon the structure described in the Gilbert charter, but left it still an elevated tron railroad, capable of being operated upon Giibert’s plan of combining steam locomotive service for passengers and freight with pheumatic service for small parcels, The requiring of these modifications was ouly another exercise of the same police power, aud neither created a new corpora- tion nor apy rixbt of the sort contemplated by the con- stitution, Tho term “ike power,” it waa claimed, was evidently a term of measurement or comparison baving the same significance as the words ‘“‘similar or equal power,” and was intended tp equalize old com- panies already possessed ot ‘power’? to build railroads with new corporation avout to be formed and clothed with similar power, ‘Like’? powers were like because of their similarity as powers, and pot because of the similarity of conditions with which they were attained. Precisely “like” powers might be earned by the per- formance of exactly diverse conditions, The !ran- chise having been secured before the consitu- tional amendment required for its enforcement no consent by the property owners. Tho proposed road made no essential Variation from that described in the Gilbert chartor, and it was still Gilbert’s pian of an elevated roua worked by steam service for passengers and freight and pneumatic service for small parcels. ‘At the conclusion of the argument, which occupied several hours aud mainly going over the same old famihar ground of previous argamonts in the various anti-rapid transit suits pending in the courts, the Court took the papers, reserving its decision. SUMMARY OF LAW CASES, Judge Barrett yesterday granted a certificate of tn, corporation of Court Hastings as a lodge of the Ancient Order of Odd Fellows, t The motion to set aside the demurrer of Comptroller Green as frivolous, in the suit brought against him by Morrison, the facts ot which bave been published, was yesterday deniod by Judge Burrett. The allegations in the complaint seem toimply money duo tor lobbying services at Albany. In the suit of Henry Colton against John Morrissey, growing out of the appointment of the latter as re- ceiver 1p the great Murray lotery suits, Judge Dovo- bue yesterday granted $1,500 allowance to the de- fendant’s counsel. A few days since, it will be remem- bered, Judge Donohue dismissed the suit for want of ‘Vigilant prosecation. ‘Taxing costs in habeas corpus cases, though with no recedont in the tpi was yesterday adjudged proper by. Judge Barrett in the babeas corpus ‘grrr ge by Mesers, Hali & Blondy for Mra Eugenie B. Barbett to recover control of her child from) 1ts father, David Barnett, Mr. Charles Blondy took the ground that a habeas corpus was a special proceeding, and cited 55 New York Reports, 145, and in this he was sustained by Judge Barrett. Parties bringing suits against Jay Gould to recover on alleged contracts tor tho parcheys, of gold en Back Friday are being brought up wittaround turn for failure to prosecute them. In the suits of Yzquierdo & Thomassen Judge Barrett yesterday granted $2,000 allowance in each to Mr. Gou!d’s counsel. ‘The resolutions adopted by tne meeting of the Bar held in honor of the memory of the late Chief Justice C. L, Monell, of the superior Court, were yesterday pre- sented to the General Term of the Supreme Court by hr. A. 8. Sullivan, chairman of the committee ap- pointed by the meeting, with a request that they bé entered upon the minutes of the coart, The Court so ordered. GENERAL SESSIONS—PART 1 Before Judge Sutherland. BADBITT'S CLERK'S Case. The trial of Charles R. Beckwith, for forging a docu- ment to defraud his employer, Mr. B. T. Babbitt, out of $608 05, was continued throvghout the entire ses- sion of the court yesterday. Ex-Judge Fullerton, for the defence, called a number of witnesses to testify thatthe forged receipt forthe sum in question was not in the handwriting of the accused. The testimony of Mr. Fullerton’s witnesses was directed to making the jury believe that ip the complications of Mr. Bab- bitt’s business such a transaction asthe one in ques- thon could bave been engineered by some other clerk having access to the books without the knowledge uf Beckwith, “With this the defence rested their case. Mr. Bell, however, proposed to call a number ot me! with whom Mr. ‘Babbitt had business relations prove thata series of similar transactions had oc- curred within few days of the date of the one in issue, and that they could not have et ed the notice of Beckwith The entries of the fictitious transactions in Mr. Babpitt’s cash book were also shown to be ion Beckwith’s dwriting. Mr. Fullerton contended that tho case was now closed, and it was irregular to introduce new hpagircny Mr Bell claimed that 1 was in rebuttal, ana, alter hearing Doth sides, the Court admitted it, Mr. Fullerton ex- cepting to 1t as a whole, and objecting to many single questions as they were propounded by Mr. Bell, Mr. Fullerton summed up the for the defence, and mage the point that although a check had been intro- duced, trom which it was said the amount In issue had been deducted, thero was no evidence whatever to show that auy money had ever been paid upon the check. At the close of Mr. Fullerton’s address the court adjourned until to-day. Tho trial excites a great deal of interest, and the court room 1s crowded daily. Among those in attend- ance are Mra. Beckwith, wifo of the accused; Mrs ‘Wilson and Mrs. Melton H. Thompson, of Utica, accom- panied by ber husband, who played such a prominent part in the much talked of tragedy at Albany some three years ago. PETTY PLEAS. Henry Friedman, of No. 128 Orchard street, and John Kelly, of No. 147 Mott street, who on the night of September 27 broke into the loan broker's office of Isaac Baer, No, 817 Broadway, and carried off a quan- tity of property, pleaded guiity and were sent to State Prison tor two years, Irvin B: Manger,.of No. 544 Pearl street, who re- ceived from a youth named Davis « quantity of silver. ware, stolen from Mr. Henry Leste, ot No. 537 Pearl street, was also sent to the same institution lor a like term. © Joseph Hempt, a vagrant, who stole a suit of clothes from Anton seisinger, of No. 159 Canal svreet, re- ceived the same sentence. Edward OReilly, of No. 383 Sant Thirty-Orst street, was sent to the same institution for three years for snatching a watch and from James J. Gurry, of No. 447 East Filty-cighth street, DECISIONS. CUPREME COURT—GENERAL TERM, By Judges Davis, Brady and Daniels. Dusenbury etal. vs, Callaghan, &¢c.—Judgment re- versed and new trial ordered, with costs to abido event. Order appealed from affirmed, with costs, Opinion by Judge Brady. Falen, Tacerver &e., vs Bushnell.—Order affirmed, without costs Opiniwn by Jadge Davis, Bradley vs. McLaugblin.—Judgment reversed and new trial ordered, with costs to abide event, Opinion by Judge Davis. ‘Sutherland vs. Tho Mayor, &c.—Judgmont affirmed. Opinion by Juago Brady. Me ewiene ve Woot, Order affirmed, without costs. Opinion by Judge Daniels. In the matter of Beasley to vacate assessment.—Or- der affirmed, with $10 costs and disbursements. Opin- fon by Judge Brady. Norton vs. Mackie.—Order reversed. Opinion by Judge Brady. fudd vs. Shelbourne.—Judgment reversed, new trial ordered, costs to appellant id +, unless within twenty di ter notice ot deci stipulates to reduce ti 1,500 from October 2, 1872; in that event ju duced affirmed, without costs of the appeal to either party. Opinion by Judge Danteis. Howell ys, Vau Siciev.—Order affirmed, with $10 costs and disbursements. Opi ‘Brady. Sdme vs. Same.—Order disbursements, See opinion by Judge Brady in fore- going case, People ex rel Whele vs, Connor.—Order affirmed, Son rg costs and disbursements, Opinion by Juuge anrels, Empire Building and Mutual Loan Asaociation, &c., va. Stevens, kc —Order affirmed, without costs. Opin- jon by Judge Brady. In the matter of the petition of Moore, &c.—Order affirmed, with $10 costs and disbursements. Opinion by Judge Brady, ‘Cutting, Executor, &e., vs. Schwartz —Order modi- flea as in opinion and affirmed as modified, without costs, Opinion by Judge Daniels. Same decision in the other cases agalust the same defendant. May and another vs Strauss, impleaded, &c.— Order aflirmed, with the usual costs and disbursements upon the defendants stipulating not to Ly & action for ialse imprisonment, Opiuion by Judge Danteis, same order in the ovhor four cases, x 0 v8, Beges.—Order moiifed as in opinion and aflirmed as modified, Opinion by Judge Brady. In tho matter of the Woven Tape Skirt Company.— ) Order affirmed, with $10 costs and disbursements. Opinion by Judge Daniels. ‘Wood va, The Mayor, &e,—Judgment affirmed. Dutchess County Mutual Insurance Company vs. Bacnteld et al—Judgment affirmed and motion tor pew trial ied, with costs. Opinion by Judge Davis. Marsnall and another vs, Macy et al.—Order modified by directing retaxation by clerk, without o of mo- tion ‘and without costs of appeal to eit Opimon by Judge Davis. Devin ys. Shannon; Same vs, Same.—Orders re- i order entered according to opinion, with $10 costs of one appeal and disbursements, Opinion by Judge Dav: Prouty vs the Lake Shore and Michigan Southern Ratlway Company. —Orders as modified us in opinion. Opinion by Judge Daniels, Marebwald va, Oceanic Steam Navigation Company. — Order reversed, without costs; order entered as in opinion. Opinion by Ji Ward va. James, impt without costs. Order entered directing th: claimed be adjusted by the clerk in accordance with the provisions of the statute and the decision of the Court in the case referred to in the opinion. Opinion by Judge Davis. Van Aken vs, Van Aken,—Order affirmed, with $10 costs, besides disbursements, Opinion by Judge Daniels. Keiler vs. the Mayor, &c.—Judgment affirmed, with costs, Opinion by Judge Brady. Van Riper vs. Twved.—Judgment and order affirmed, Opinion by Judge Daniels. Bailva the Mayor, &c.—Order affirmed, with $10 costs and disbursements, Opimon by Judge Brady. MeVey vs. Cantrell; Taduiken ve Cantrell.—Order affirmed, with $10 costs, and drsbursements to be pard. by appellant's attorney within twenty days after tax- ation, and service of copy of order to be entered here- Opinion by Judge Braay. jame vs. Same; Samo vs. Same,—Motion denied, without costs, and order dated and entered October 17, 1876, #0 lar led as to deny cosis, Memorandum by Judge Daniels. ‘Howell vs. Van Siclen et al, executors —Judgment affirmed, with costs Opinion by Judge Davia Mayer va The People.—Judgment aifirmed, Opinion by Judge Dav Von Hein, assignee, vs. E'kins and another,—Ordor reversed, with $10 costs and disbursements, with lib- erty to renew application for appointment of receiver upon turther and proper proof. Opinion by Ju dy. Maher vs. Meggs.—A'l the papers in this matter may be submitted to the present commiitee on character for aeration in connection with such oth may be produced before them, and the c y report their conclusions touching the ch: acter of the applicant at any future term or adjourned day of-the present term, Drew va. The Mayor, & Motion to go to the Court of Appeals denied, with costs, SUPREME COURT—CHAMBERS, Donohue. nted. Bryan et al va. The Paolt Belt Company.—If the parties will hand in the sotice of motion, order and Papers on which this order was entered I will make order. Ks By Judge Barrett, Matter of Barry.—The writ must be digmissed and the custody of the child awarded to the respondent. Matter of Gwyer.—Report confirmed and oraer granted. The Union Dime Savings Institution vs. Duryea. — Tho intorest must be disallowed, and the taxation on that roport ts reversed. Fitzaibvons vs. Fitzgibbons.—Report confirmed and judgment, © mensa ct thoro, granted, with alimony and costs. Platt vs, Degraw.—The facts charged to be irrelevant ate set up forthe purpose (in case Degraw sball not turn out to be a boua fide holder) ot maki g outa case tor equitable set of against Geerge W. Platt. These avorments, even if proven, may not, as agreed, entitle the plainuff to such set off, but it would scarcely do to decide that on motion. The Court should give the plaintifl beneQis of any doubt as to whether the matter relevant, and should not strike it out unices satisfied beyund preadventure that it can have no pos- sible bearingon the result, Motion denied, without coste, Schultz vs. Bodewald.—Judge Westbrook did not grant leave to renew on iresh papers, nor has the plaintiff moved for leave to renew. She has simply moved a second time, on fresh papers, for what been once denied. Th: inuot be done, Apart from t. thero is as good reason to deny the motion on the merits now as thero was before, Tho defendant is en: titled to have his examination passed upon by a jury. True, he admits what be seems to bave denied, bat wo cannot make a precedent ip view of the Court of Ap- poais’ decisions for striking out general denials, whether specific or by ignorance, There must be com- mon Jaw evidence be.ore a jury. Motion den‘ed, witn $10 costs, Matter of Welsh.—Thero is no just distinction be- t this case and in re Phillips & Co., 16. That soems to have been of repairing side- walk—at all events. the sidewalk question dis- cussed, and 1t would not be scemly for any Cot terior to that of last resort to draw asubtio distinc- tion which would touch upon the spirit of the caso cited, The assessment must be vacated, Jones vs. The Mayor, &c.—Motion granted upon pay- ment of costs to date, and $10 costs of opposing this motion, and the order should state that the Court, in Biewing the amendment, does not pass upon ite suf- ciency. Mordant va, Niles and Ano‘bor.-The provisions of 2 RS, 233, sections 44, 46, only appiy to civil actions im county justices courts. There is no similar provision in the District Court act nor in the Revised Statutes under tho head of “Summary Proceedings.” On the contrary, in second edition, 580, sections 33, 84, we find the words “atthe time appointed in said summons.’ This being 80, Niles was regular, and oquity has never exercised jurisdiction in these procoedings merely to open adefault, Mordant had ample time to appear and defend, and there was no fraud in the conduct of the proceedings. Besides, Mordant does not come in with clean nands in view of the manner in which he obtained possession. The motion to continue the in- junction 18 denied, and the tewporary injunction dis- solved, with $10 costs. Bainbridge ve. Berne.—Motion to vacate for irregu. larity denied. The default a. be opened upon pay. ment within five days of trial fee, $10 cvsts of this motion and the expenses of the plaintiff in coming from and returning to Baltimore to atiend the trial, and stipulating within a like period to try the case Pperemptorily on the second Monday of November, otherwise denied, with $10 costs, West Nickerson.—The default should be opened Without costs and without conditions to the judg- ment standing as security. The del: ought not to have been taken in view of the agreement. Mr. H. says bo knows nothing of such an agreement, but he has not heard from his representative. Matter of Barnett.—There seems to have been some to what 18 @ special proceeding (27 N. Y., 620; How., 304; 4 Keyes, 66). But none of the cases doubt that where the matter is in cour id. not morely before a judicial officer out of court, section 3 of the Code applies, The present proceeding was in tho court. The writ returnable thereto, but the final judgment was at special term. Under these circum- stances, 55 N. Y., 146, is applicable, and the taxation must be affirmed, Morrison ve. Greon.—The claim is not for the ser- vices, but for the disbursements. It is not alleged that, detendant roquested thi outlays, nor that ho prothised to pay them; not to have been necessary. She services whole L am unable to Jutely irivolous, and I think it ts entitled to an arg: ment at Speciai Term. Motion denied, with $10 costs. ‘Tho Cambridge Valley National Bank vs. Matthows. — 1 do not see why the order ‘ot July 19 (so far agit places this cause on the short calendar) was mado as against the maker, in view of the deliberate denial by Mr. Justice Donohue of the motion to place tt on such calendar, But as tho order was made I suppose the plain should be deprived of the benelit thereot merely because he was a little late in attending the circuit, but 1t 18 only Jair to treat the matter as though instead of perinitting it 10 be marked down the detend- ant had dismissed the complaint. In that event tho Court would bave imposed as tunch costeas the detend- ant wouid have to pay to de Jot in when thoy delauited, Tne cuse may, therefore, be restored to the short calendar for the first Friday of November on payment of $50 within five days. Wormser vs. Hoftman.—I do not see upon what principle the delendant hoped to sustain this motion without ‘an allegation of insolvency. The defend. ant, thot charged with insolvency, swears that he js worth $75,000. The motion must be denied, with $10 costs, * Norsen vs. Dacuakel ct al.—No osllegation of proof ot Mrs, Curries’ insolven: Her affidavit, was devied that she is worth $75,000. Motion dented with $10 Costs, Spaulding va. Martin.—I do not think Mr, Cudlivp can sustain his position, but as No may decire to take the opinicn of an appeliate court, 1 will not shut bim out. The default may be opeved on payment of trial Joe and $10 costs of motion, but without prejudice to oclosure. Motion for a stay of proceedings denied, without costs. Spratt vs. Crawlord.—Upon the reargument of thi rdered that the motion to vacate the judg- ment by confession be granted unless an ed statement covering the facts sct forth in the aff used upon the motion for a reargument be tiled within ten days, and unless Mr, Burrell is paid within a like period, $10 costs of the first motion and $10 costs of this motion, SUPREME COURT, CIRCUIT—PaART 1, By Jadgo Donohue. Yzquierdo vs. Gould, &c.—Allowance of $280, Wines vs, The Mayor, &o,—I think the case is one in which, for the interest of abl partics, the law should be settled by the Genetal Term, ond shail direct a ver- dict for plaintifl, exceptions to be beard in the first in- stance at the General Term. Colton vs. Morrissey, &c,—Allowance of $1,500, SUPREME COURT, CIRCUIT—PaRT 2. By Judge Lawrence. Blandy vs. Gould and Others. —See memorandum. sy Judge Dor The National Bank of Fairvaven vs, The Phoenix Warehousing Company.—Settied, See amendments. SUPREME COURT, CIRCUIT—PART 3, By Jadgo Lawrence. Poiilon, Sur, &c., vs. Volkenning, &c.—Caso and amendments settied, SUPERIOR COURT—SPECIAL TERM. By Chiet Justice Curus, Waring va. Jacksou.—Motion to vacate judgment and execution denied, without costs, Aguew vs, Keith,—Motion to vacate orders of publi- cation, &c., m uctions Nos, 1, 2, 3 and 4 denied, with costs, Sume vs. Same.—Motions in actions Nos, 1 and 2, to overrule answer as irivolous and for Judgment granted, without costs, Olinger et al. ¥8. Do Wolf,—The prayer of the pe- tition 18 60 fur granted as to restrain the defendant, NEW YORK HERALD. TUESDAY, OCTOBER 31, :876.—TRIPLE SHEET. Davis R. Do Wolf, from prosecuting the suits therein ntioned until the further order of the Court. Donnelly va, Bergen.—It is difficult to determine from the conflicting pleadings and affidavits oo this motion what are tne facts. ‘Those can be mere saly- factorily ascertained op the trial, The motion fora prehmipary nection is denied, with costs, the de- fendant to abide the event of th: 5 By Judge Sedgwick. Mason vs, Decker. —Case and amendments left with Clerk at Chambers, COMMON PLEAS—SPECIAL TERM, By Judge Robinson. Muloshy va. U'Kcefe ot al.—Motion to vacate judg. ment granted, with $10 costs, New York Lute rance Company vs Gay et al,— cree vigned in three suits. In the matter of Cunningham’s application. —Denied for want of autbority ani power in the Court, MARINE COURT—CHAMBERS, By Judge McAdam. Fleiss ve. Johnson.—James McNulty appointed re ver, O'Shea vs, Guinbrecht (two cases); Schwarzeschild va. Same.—Motions dismissed. Hoyt ve, Goff.—Justiication dismissed, Tappan vs. Baidwin.—Judgment tor platotift Wiaemeyer vs. Sossbard,—Motion granted unless within ten days plaintiff pays $20 costs. Clarke vs. Stephenson.—Motion to open the default will be granted without costs, upon condition 4 days defondants give a bond with two approved by the Court, conditioned to pay any jadgment that may be recovered herein; other- wise motion will be dented. Bernstein vs. Barnes; Wickham vs. Horton; Wen- doll vs. Ward. —Motions granted. Ebel vs Ahrens; Wise vs. Thornberry; Tappan vs. Baldwin; Kayne vs. Howe; Dufloy vs. Daly; Bozia vs. Stark; Hurg vs. Jennings; Flanagan vs.’ Demrey; Chebousky vs. Abrabam; The Ramsay Lamp Company ‘ve, Cameron. —Orders granted. Thompson vs. Holling.—Defendant committed tor coptempt. Barnes vs, Woodruff; Derham vs. Crosby. —Motions granted, COURT CALENDARS—THIS DAY. oan og ha reigy apr ae Judge Bar- rett,—) ) 12 , 430, 271 284. 218, 800, Bot, sas" bon Held by Judge 4003, 6057, 5067, GRNRRAL SKssions—Part 1—Hela by Judge Sutheriand.—The People vs. Thomas Handling, rob- me vs, Willtam Korn and Patrick MeGowan, -y; Same vs, Mary Stuart aod Alfred Smith, rob- ry; Same va James Clark, robbery; Same vs, Charies Fletcher, robbery me vs, Jobo Lappin, robbery; Same vs. Patrick Harrill, felonious assault and battery; Samo ve. Mary Kiernan, burglary; Samo va. Jobn Grant, burglary; Same vs. Dennis Conners and John Haggerty, rape; Same va John Conklin, Same vs. Richard Willams, grand larceny; va, James ¥F. Hines, ‘grand larceny; rand larceny? Same vs. Wilham H. McKenna, rand Same vs, David Williams, Lizae Lews, grand larceny; P buo, grand larceny; Same vs, John Naglo, grand lar- ceny ; Same vse Jobauna Lendlon, grand larceny ; Same va. George Hill, grand larceny ; Same vs. Patrick Doyle, grand larceny; Same vs, Auguetus P, Garcia, grand jarceny; Same vs William Thomas, grand larceny; Same vs. Goorge Green, grand larceny; Same vs. James Daly, grand larceny; Same vs. Charles Hervey, faise wetenco; Same vs. Rishard Williams, false pretenco; jane vs, John Lang, false prevecce. OUK 4mALUUS POLICE: During the afternoon sesston of the Washington Place Police Court, before Justice Kasmire, yesterday, Officer McGoldrick, of the Twenty-ainth precinct, ar- raigned Mr. Siegmund Piek on a charge of stealing & wateh from the Coleman House on Broadway. On in- vestigating the case Justice Kasmire became con- vinced that Mr. Pick baa beon illegally arrested, and orderea Oniel Clerk Cooney to take affidavits of all the parties concerned. From those it appeared that some threo weeks ago a watch was stolen from the rooin of & guest pamed Benedict atthe Coleman House. The suspicions of tho hotel attachés were fixed on a mao who occupied a room on the same floor, and'who sud- denly cleared ont, leavmg a revolver bebind him. On Sunday morniog a man called at the hotel and inquired jor the revolver. He leit the hotel before. ‘an officer could be summoned. Yesterday morning Samuel McMichaels, the night clerk of the hotel, saw Mr. Piek, who was riding on a Sixth avenue car, ak to a man who resembled the persun who called at the hote: in reterence to the revolver. He got off the car, called Oflcer MoGoldrick and nad Mr. Piek arrested on suspicion of being the man who stolo the watch. Mr. Piek stated to Judgo Kasmire that he was a repu- it, engaged in the trimming and lace , at No, 595 Broadway, Yesterday morning, having occasion to go up town on business, he took a Broadway car to Twenty-third street and walked through Twenty-third Btreet to Sixth avenue, where he called on a Jargo dry goods firm and effected a gale of goods. He then Sixth avenue car to go down town, and, while standing on tI form, asked a strangor fora lignt tor his cigar. Ho ‘was arrested immediately after by Officer McGoldrick on complaint of the clerk, MceMichaols. He requested the officer to accompany him to Stern Bros., corner of Sixth avenu 1d Twenty-third street, where he could be identified as putablo morebant by one of the members of the firm. ‘Tuo officer refused to allow bim to do so, and brought him to the Thirtieth street sta- tion, where Bergeant Keating did not afford bim any opportunity of making an explanation. Hoe was socked up im acell for three hours, and the doorman declined to allow him to communicate with his friends, Messrs, Poip Hurri ot No. 413 Broome street; Charles FP. Sehiel, of No. pe eos street, and Hugo Sutro, of No. 157 East Ey fourth street, all wholesale morebants, testified that they had known Mr. Pick ior a number of years, that he bad been engaged tn business transactions with them amount of many thousand dollars, and that his ding ia the commerciul community as a reputab! merchant was rated first class. Mr, James A. ell, proprietor of the Col Rouse, testified that bo had not caused Mr. Piek’s ar- rest; that he did not believe Mr. Pick capablo of com- Mitting any theft, and that the nightclerk, MoMi- cbaeis, in causing Mr. Piek’s arrest, had acted solely on his own responsibility, Justice Kasmire honorably discharged Mr. Piek from custody. PROMPT AND HORRID. Thomas McAlonoy, a coachman in the employ of the Rev. Dr Cox, of Newtown, on Saturday evening vis- fled the grocery store and liquor saloon kept by Jacob Von Glabn, in the village of Newtown, for the purpose It appears that on Sat- of purchasing some tobacco, urday a number of local politi with whom, it 1s alleged, Von MoAloney entered the store Von in a dwsrespectful manner and, without a word of prov- ocation, drew a pistol and, taking deliberal 1m, fired at McAlouey, the ball cracking throogh his skull and inflicting, 1t 18 believed, a mortal wound. Von Glabn was at once arrested, and will have an examina- ton to-day, McAloney has the reputation of being a sober, industrious man. AN ACT OF FOLLY. William E. Conover, aged thirty-throe, having no business, was arraigned before Justice Kasmire, at the Wastington Place Court, yesterday, charged with pase- ing @ forged check for $40 on tho Importers ond ‘Traders’ Bank, purporting to have been drawn by Jobn T. Conover on Messrs, Jamos Lidgerwood & Co., liquor merchants, of No. 738 Broadway. It appeared from the evidence that the prisoner owed the firms bill of $10, and on July 10 gave the forged check in payment for the bill, receiving $30%1n change. After the forgery was discovered the prisoner wrote Mr. Lidgerweod a letter, in which ho said he committed the act while in a state of desperation, and that he would mako it right, Justice Kasmire held the prisouer, who 1s said to be a nephew of Mr. John I. Conover, for tarthor ex- amination, THIEVES iN CENTRAL PARK. Tho latest annoyance to which visitors to Central Park are subjected is the stealing of their pocket handkerchiefs, William Jackson, No. 327 Rivington street, and Michael Prendeville, No. 402 East Twelfth’ street, were arrested ip the Museum on Sunday, ana in their possession were found nine silk bandannas, for whieh owners arc, wanted by the Park Police, The prison re remended at the Filty-seventh Street Court for examination, YOUNG COTTON THIEVES. Sergeant Gastlin, of the steamboat squad, yesterday arrested William Finnegan, aged eleven; his brother John, aged eight, and William Howard, aged nine, ‘The two former lived at No. 522 Washington street, tho latter at No. 833 Spring street. They were charged with opening bales of cotton on tho wharves and stenl- ing part of the contents. In this manner they had suc- oe slealing from $10 vo $15 worth of property a wee BOND STKEET SAVINGS BANK. The receiver of the Bond Street Savings Bank givon notice that all moneys deposited on and after the 6th day of September last will be paid in full on Tharsday, November 2 and subsequent days. No pa; how. ever, can be made except to those who nave left their books to be balanced and veriticd, PROBABLE HOMICIDE IN BROOKLYN. Yesterday afternoon Edward Rowan, of No. 493 Baltic street, entered tho liauor store of Anthony Gal- Jagher, No. 497 same ptrect, and charged him with having been the causeo! his recent commitment to jail, from which he has but recently been dischargea. An angry argument onsued, in which blows were ex- changed, when Gallogher seized & club and dealt bis tagonist several biows with the bindgeon on the . fracturing his skull, Rowan was removed in the ambulance to the Long Isiand College Hospital, Henry street, whore the surgeons are of the opmion that he cannot recover, Detoctive Connor subse- quently arrested Gallagher, who was locked up in tho Butler street station house to await tho result of the injuries inflicted upon Rowan, FLEETWCOD PARK, LAST DAY OF THE OCTOBER TROTTING MEET+ ING—RESULT AND JOKER THE WINNERS. The October trotting mecting at Fleetwood closed yesterday with the “thirty” and “twenty-two” purses, Ia the formor eleven of the fourteen entries responded, tho gray mare Charmer, trom Sbarpsville, Pa,, holding the head of affairs at the pool box. The figures were, upon an average, Charmer, $45; b. & Result, $30; b. g. Jobn Taylor, $27; fleld, $23. The favorite madea good beginofng by winning the first beat with apparent ease, whensbe was in great demand, bringing $160 to $110 forall the others, She was in difficulties early in the next heat, and could do uo better than eighth at the foish, Result capturing it very smoothiy by two lengths. The talent were then ancertain as to which would do the trick, much business being booked as follows:—Resuit, $70; Charmer, $65; field, $22. The mare was never afterward dangerous, the third and fourth heats and the race failing to Result. Charmer struggled on with sufficient stoutness to take second money, the bay mare, Nira Bell, froin Boston, obtain- Ing third, and the chestnut gelding Moscow, from Al- Dany, saving his stakes. Ten mado their appearance in the ‘twenty-two’ class. Tho) m. Bella was in most demand, the fig- ures showing at the box—Bella, $90; b. g. Frank Reoves, $40; blk. m. May Bird, $42: gr. g. Tanner Boy, $27; br. m Haonab D., $21, and field, $37. The “choice” speculators were loft out in thg cold, as little Joker, irom the *‘feld,” showed great speed and won the race in three straight heats. Tanner Boy took second money, May Bird third and Frank Reeves fourth. The favorito did nothing for the money iuvested upon her. SUMMARY. Fiserwooo Parx, New Yorn, Monpay, Oct. 30, 1876—Firta axp Last Day or THR Ocrongr Trortixa Mxerina. —Purso 7, of $900, tor horses that never 130; mil ts, three in five, in trance ten per cent, and five per cent only if declared ; $450 to the tirst, $225 to the second, $155 to the third and? $90 to the fourth. Edwin Huriburt’s (Great Barrington, Mass.) b. 8, Result.. esest sarees 11 Wall Pierce’s (Sharpsville, Pa.) gr. m. Charmer........ . 73 J. J, Bowen's (Boston, Bell 2 2, Matt Tanner's c's” (Syracuse, N. ¥.)' ch. g. Ly- sander Boy...... seresercee 6 238 7 A Strauss’ (Now York) ch, m, Lady Lowe, 3 4 6 5 John Splan’s (Now York) ch. g. Chauncey M, Beedle........+ . 6568 Jacob Fountatn’s (Elmira, N. Y.) v. g. John ‘aylor. .. nye eee bikes te SONG C ‘M. Woipple’s (Tarrytown, Y.) bro AomulNs. .......65 sesesseeee T 71010 J. H. Harbeck’s, Jr. (New York) wh. m. Fanny Atwood ,... 9 81 M. Roden’ Wiliam H. Beed woe sesterees cseceeseess LOL IL 9 ‘. B, Johnson's (New York) rg. Fred Tylor dr. T. C. Barden’s (Pittsfield, Mass.) br. g. Mac dr. Jobn Williams’ (Boston, Mass.) ch. g. Gif- ford,.... ar, (New York) br! = First beat. 232836 2:29 Oo Racer—Purse No, 8, of $1,500, for horses that bad not beaten 2:22, mile heats, three in five, im harness; entrance 10 per cent, eent only if deciared out; $750 to the first, bird and Load the fourth. 1 8 m rd (Walker) 10 2 John .Trout’s (Boston, Mass.) b. g. Frank Re -(Trout) 6 6 9 8 4 6 J. J. Bowen's (Boston, Mass.) r. Harry... seee eee oO David Muckle’s (Boston, Mi ) bm, Bell .9 A.B. i gabe (Boston, Mass.) br. m. Han- nt . o tees af J._ Hert Welch's (Hartiord, Conn.) bik. a, fferson sseeee 7 (New Yi cb. g. Pianter. Syracuse, N.Y.) eb. y. Bonne jartin’s (Newton, N. J.) b. g. M: (Gienn’s Fails, jonest A. J. Foek’s Northrup & Dantei Jenkias’® Brown... WY) gr. 8 Joo Hay. First heat. 1:09 Second heat... Third neat. A WONDERFUL STEAM YACHT. [From the London Globe.} The steam yacht built forthe Baroness Adolphe de Rothsebild, which has just completed an experimental trial on the Lake of Geneva, must be a marval of naval architecture, Only 91 feet long and 13\ feet broad, she runs 43 English miles straight on end at anaverage rate of 23.89 statute miles per hour, under by no means exceptionally favorable circumstances, The finn by which this vessel was constructed had previously built another—the Sir Arthur Cotton—for the Indian government, which performed equally well on her trial trip, 80 that the wonderful speed attained cannot ‘be regarded as a lucky accident of construction, Some of the great Atlantio steamers are, we believe, capable of steaming at the same pace, and the royal yachts are known to be very speedy. But they are of largo size compared with the tiny craft turned out 0: Messrs. Thorneycroft, and it is this difforence whic! gives something of national importance to the performai of the Gitana, Baroness de Roths- child’s new yacht, As despatch boats tneir services in time of war might prove almost ravaluedle, while it might perhaps be possiblo, by some modifcation of their lines, to render them capable of carrying uns, In this latter event a fleet of such midge- ike craft would soon drive from tho sea the maritime commerce of a hostile nation, Jeaving our greater vessels of war to.jook after More important mattera. Even tn regard to the or- dinary passenger traffic in British water, the suc- cess of the Gitana deserves attention, By building on equally fine lines, and with machinery proportion- ato to increased #120, it would. be possibie to turn out steamers far surpassing In speed moat of those now ste de hn in the Channeland on tho Thames, Knog- Jand has too long remained content with her past achievements in constructing swilt steamboats, and wo therefore trust that the success of the Gitana will spur on ber shipbuilders to renewed exertion. PRESENTATION TO A PURSER, « Mr. William H, P, Brownell, purser of the steamer City of New Bedford, of the New Beaford and New York Steamship Company, was presented on Satur- day evening with one of Tiffany & Co.'s finest stem- winding gold watches, and a massive chain and pen- dant, the whole valued at $350, The presentation was made on board the steamer on her ,trip from New York, and wasa testimonial to Mr. Brownell’s efficienc ‘ae an officer froma number of prominent New Yor! and New Bedtora merchants aod otners who are patrons of the line, and with whom he is very popular. ‘Thore was Octovder 21 a balance of $1,435,660 39 in the olty treasury. last week $5,415,129 20 were re- ceived and $4,123,280 10 paid out, loaving a balance in tho Chamberlain’s bands yesterdsy of $2,727,489 50. The Boord of ind Apportionment will mect in open session to-day, at eleven A. M., and finaily pass upon the estimates for 1877. BROOKLYN COMMON COUNCIL. A regular meeting of the Board of Aldermen was held yesterday afternoon, Preeitent French in the chair, Tho Vommittes on Docks and Markets submit || ted a report recommending that tho limit of assess. ment for improvements on the Gowanus Bay section be the property of J. P. Robinson and William Beard. It appears that the United States engineers wore directed to revise the extension and bulkhead lines of New York, aud the improvement contemplater tho el iz of come streets and tho opening of otbers in Brooklyn. The report is based upon the report of the engineers. It was adopted, Alderman Ray offered a resolution directing the Mayor to offer a reward of $500 for the detection and conviction of each and every person caught voting illogally 1or city officers at the coming election, TI resolution was adopted, The Corporation Counsel was authorized to take steps to prevent the laying of railroad tracks on La- fayette avenuo. DECLINED TO STAY. Detectives Richard Field and Richard O'Connor, constituting a delegation representing the psople of this city and county, went over to Brooklyn yesterday and called on one Thomas Cassidy, to whom they gave a pressing invitation to partake of the hospitalities of the Tombs for atime. Some months ago Thomas was A guest at that institution under indictment for com- plieity in the operations of the Roberte-Gloason gang ol forgers, It was represented to Judgo Donohue that he was at tho point of death, and thereupon the Court ordered his discharge. Tuis motion seemed to hi ‘an excellent effect on the health of Thomas, who soon recovered and disappea irom view. Nothing was again heard of him until a few di when it was Jearned that he was committing for, The prisoner was taken before Judge the Court of General Sessions, yesterday, Honor ordered him to bo committed to the fombs. Tho jurisdiction of the detectives having then ended the prisoner was given in chargo of Court Oficer Michael Geoghegan to be taken to the inetitution named, Word was received at tho District Attorney's office a couple of hours Inter that the prisuner had escaped from tho officer on the route, THE PHILADELPHIA EXHIBITION. —___+ The Great Show Seen Through French Spectacles. OUR FAULTS AND OUR GLORIES. The Future of American Industry. ‘ The following is a précis of a Frenoh view of our Cen- tennial sbow from the pon of the well know litéra- teur, Mons, L. Simonin, It {sa sober, intelligent and courageous criticism of what we have done, and can be read with profit. Mons, Simonin’s paper appears to the current number of Revue des Deux Mondes, 1 is entitled ‘Le Centenaire Americain et "Exposition de Philadelphie."” RIVAL CLAIMS, It was not without some skiriniabing that the capital of Pennsylvania secured the Exhibition. New York argued that it had more inhabitants than Philadelphia, which counts, however, 800,000, and that it was more easily reached, was more cosmopohtan in ite character, and, so to speak, more hospitable than the city of Peno and of Quakers, In ite turn Boston called to mind that the first blood shed for the holy cause was her own, in the memorable combat of Bunker Hill, while Now York had remained Foyalist to the last. Besides, was she mot recognized as the Athens of Amorica, that is to say the most cul- tivated city. Now York urged against Boston and Philadelphia the austere and bigoted manners of their citizens, TUE FIRST STRP was taken in 1872, when Congross created a financial committeo for this Exhibition and pamed ten millions as the amount of capital that should be subscribed, The writer goes on to give the details of organiza- thon of the Centennial Exbibition, and remarks :—If-we examine it asa whole and without prejudice we can say that the Philadelphia Exhibition ts not inforior to those which havo preceded it, The Commissioner Genéral of the French Exhibition of 1867 bad realized the most commoudious disposition for study in imagin- ing an edifice circular in form, with the nations placed on the divergent rays, and similar products arranged in circles. In this way in going from the circumfer- ence to the centre, or rather in passing through the different sections, it was y to study the products of diflerent nations and to make a comparison between them, DISORDER AT PHILADELPHIA, It ts impor y to the Am can Commissioners for the classification they bat adopted. Wo you like disorder? Here we bave. it all sides, ‘There is no method, no logic. We inect the samo production in two or three sections, Besides, each nation forms, not only in each special building ap abstract whole, absolutely separated from the othere, but somo countries, for example France and Rassia, have their mineral displays in Machine Hail, Vene- guela oxhibits her gold minerais in the Agricultural Hall, and we meet, thrown in a corner, the sulphur minera!s of Sicily and other specimens of the Itatian mines. Do you know where we must seek for the magnificent samples of the gold, silver and mercury of California, Neyada and Colorado? In the United States building, and this because the Smith- sonian Institution of Washington has this important collection in charge. This disorder tegeneral, impedes study, annoys tho visitor and has caused general com. plaint. Let us add that tho catalogues are very incom. plete, often inexact, and that many nations are wholly omitted trém them. In this relation the Philadeiphit Exhibition certainly i# not an advance upon its pre decessors. THK MANAGERS, Indecision and groping did not coase from the first day to charscterize all the actions of the commission. true that the Americans, accustomed tu go ahead reakneck pace, do not plume theinselves in what yy do on an excess of logio or foremgh: or on per- fect order, and they will persist, perhaps, in thinking Vea evorything ‘4 for the best in the best possible ex- ibition, REWARDS. The system of rewards adopted is the most unfortu. mate, There is no difference: one uniform medal for all, in bronze, for honor, "Sate honors causa,” as was said in London in 1862, or & somewhat similar system was adopted. Frankly, this is too far the love of uniformity, of democratic uality; and this siogular iashivn of ranting prizes to every one appears to us irrevocably Fidgea ‘and condemned. Almost every one has ro ceived an ‘d—at least seventy-five per cent of the exhibitors have—and no one 1s satisfied. NOT A FAILURE, The Philadelphia Exhibition 18 not, however, «¢ Jasco. SOME WONDRKS, Thea the writer gives a grap! chinery Hall. -All is in motior printing machioes 1m pla plates rom which are printed the Hrmatp and the Times o| New York, are used every morning. The com- sition, stereotyped by a special process, is sent from Row York by the first train, and the machine prinw and counts a8 many as 30,000 copies per hour or about eight per second. They are distributed gratuitously. Tho American never loscs sight of the rd/e that the press plays in popular education, and he dovotes to it @ part of bis genius for invention. What moret Here 18 a workshop for the mechanical preparation of silver ore, brought at great expense {rom the far-of mines of Novada. Here we sce the amalgamatios by fre—the manufacture and refinement of the ingots. In trath, when exhibitions reach th unt of instruc. tion they deserve to bo qucourayek They are na Jonger mere huge industrial fairs, dostined to replace their predecessors, they become Me edd games of a new order, where people go to be instructed and ars taught without fatigue through the pleasure of sight seeing, ' desoripti of Me e lithographing and A duplicate of t EDUCATIONAL METHODS, It is not alone tn machinery that the Americans dis- tinguish themecives. lt would perhaps bo difficall under other circumstances to see all kinds of books, maps, collections and differont objects connected with education and teaching presented with so much luxury. In Amorica education is a part of the government. MANUPACTURKS. . The manatacturing States of the North—Massachu- setts and Rhode \—dis; ny. their cotton and woollen tissues, which make England thoughtiul. thom are the plans in relief, or photographed, 16 magnificent worxshops of Lowell, Lawrence and Pruvidence, which, whether regarded trom the technical, economical or social standpoint, may be cited as models, Noarty all toret countrics havo spontancously taken part in the Philadelphia Exhibition. THE GREAT PAIR’S LESRON. The economic lesson which, after a continuous visit ’ of two months to tho Philadelphia Exhibition, 1a most deeply impressed upon us is this—America will learo more and more to get along without Europe, and Eu- rope cannot get along without her. Isis truly a new Engiand whieh 1s rising bey: eas, and which already menaces old in alt markets, those o1 te extreme East—Japan, China, and perhaps India—as well as those of South America. In conclusion two phenomena of the economic order are disclosed by a careful visit to the Philaudelpbia Ex. hibition. The first is a kind of attack on European products which America learns to do without, accord. ing a8 She imitates and maoulactures thom better. It is the business of France—of Europe—to ward off thie blow im bringing more skill and care to bear on the roduction of goods intended for the American mar- et, and, let us soy tt in all loyalty, In using better faith in the exchange of those productions. On the necond point—the actual uselessness of the Ametioan protective tarifi—the porsibility of the United States struggling successtully with Europe, at least ia their own markets, can no longer be doubted. The cash admissions to the Exhibition yesterday woro, at fifty cents, 79,600, and at 25 cents, 366. A MERCHANT JAILED. Juan OC, Dernt: til recently, when he made ap jgnment, a merchant at No. 71 William street, was yesterday, on complaint of a Bogota (South American) firm, arrested and committed to Ludlow Street Jail by Deputy Sheriff McGonegal for the entawfal conversion of $12,000 American gold. The warrant was issued by Judge Robinson, of the Coart of Common Pleas, on application of Hateb, Vana Allen & Brown, attorneys for Obergon & Co., of Bogota, The statemonis put forth in the aflidavit present some interesting foatures ia commercial transactions. It is alleged that in March, 1875, J. A. Obergon & Co. sent Dernicr a draft on R. D. Castro & Co. tor $12,000 American gold, with mailadvices ior him to purohase noe silver bars of 999-1,000 standard, said silver being required on account of the temporary interraption operations in South America. The letter i him to forward the bars to Roarieta Obergon, of Bar. ranqatlla, It is alleged that Dernier at once converted the draft into cash and asod it t pay his personal debts, writing in the meantime to the firm in Souta America that ho was in doubt whether to fill the order with American Ralf dollers of 900-1,000 standard or sena bars as per’ order. iene ten a Ver ‘after receiving the order it 1s charged that mad sagument for the benefit of hie creditors to William Lintz, of Cedar street, his schedule show. ing liabilities ‘ot $260,750 Tho affidavit sets forth that the assets aro flotitious, that the attorneys for the assignee admit to plalotif”s atvorneys vhat the assets ‘Will not pa: crediors anything, and hence the sort Fi 000 merican gold and joterest from the date of the reception of the draft Jt Robimeon fixed tho bail at $15,000, which was not forthcoming, ‘and the accused was committed to jail in default, Eptveaieatbdernnrds reer eres BURGLARY IN BROADWAY. On Sunday evening burgiata effected an ontrance Into tho straw goods store of A. & W. W. Shumway, No. | $Th Bronaway, and succeeded in carry’ and Sate goods to the emousi or haan aid