The New York Herald Newspaper, December 19, 1876, Page 8

. 8 THE COURTS. More Leaves from the Memorable Emma Mine History. MILK DEALERS TO THE FRONT A Prima Donna in an Unex- pected Role. TRUTH NOT ALWAYS MIGHTY. The suit of the Emma Silver Mining Company against Trenor W. Park, Henry H, Baxter and Will- fam M, Stewart, was continued yesterday before yudgo Wallace in the United States Circuit Court. There ‘was a large attendance of lawyers and a eprinkling of Prominent merchants seemingly deeply interested in the case, The proceedings opened with the resumption | sequent to her appeara | tu which she of Mr, Stoughton’s—counsel for the plaintiffs—argu- | | they resided for a time op the banks of the classic ment in support of the admissibility of the evidence thus far presented, inthe depositions of witnesses taken by commission in London in support of plaia- d's especially ag to the evidence of John GC Stanley, touching the statements made to him previous to his becoming @ director of the company. Mr. Stoughton spoke at Jength on this point, but his Jong address presented nothing of special interest to the reader. Air, Beach followed in reply, doing no better in the wi bound to go it as long as Mr. Stoughton did, Mr. Beach had an advantage, however; he ‘*objected” to the admission of the testimony, and moved, alter a Protracted argument, that it be excluded. The Court at this puint took a recess, aud, on reas- Yembling, delivered its opinion, in which Judge Wallace said that it appeared Park employed Grant to Boat the enterprise and to pay him tor his services large sums of mo ue mere tact that Grant was Park’s agent does not make the latter responsible for | the former’s fraudulent acts, Park might be respon- Bible for fraudulent representations as to the character of the property, There is other evidence, however, which has not yet been produced, and which, when bifered, may, under the eviaéuce which is now pre- Bented, be admissible. As the cuse now stands, until Park is shown to have been cognizant of the fact that the witness was to be paid certain sums, it was incom- petent to admit the evidence in question, Mr. Stoughton said he would take no exception to she Court’s ruling, as he understood it to be condi. thoval. Mr. Foulkes then proceeded to read Mr, Stanley’s evidence following the portion excluded, Mr, Beach considered this evidence incompetent, as given so long atter the organization of the company, The reading of the depositions was thea continued, Mr. Park made advances for purpose of making pay- Ments; the company received remittances from Park, and they were considered us earned aud were paid as thvidends; witness believed the money was earned; the witness never saw the report of Professor Blake And was never, to lis knowledge, produced betore the Bourd; witness knew that Park knew that £500 was aid to him (witness), for he spoke to Park about it; Be tolu Park he expected it would be paid, Dut that he did not know from whom the Money was to come; Vark said he would Bpeak to Grant about it; witness received the moucy byected to by Mr. Beack and admittea); a check ap- ured in his banker’s passbook ior £500 from Grant; Witness knew nothing of private arrangements be- tween Park and Grant; some one raised tho question If the reputation of the mine was world wide, and said that he never beara of 1t till he was asked to be adirector; General Schenck asked to have 4 por- tion altered, as it throw too much responsibility upon himsoli; the alterations were made and a revised Prospectus published; the witness. being tgno- faut of city watters went to the Board geeting and hstened, hoping that members Who were better acqua:nted would keep him sale, and qitness says, “L know more now;” witness had no Intormation as to the mine—its value and character— excepting what Was contained in Professor Silitman’s report; Mr. Pemberton thought there would be no harm, if Park was an boourabie man, in asking him to make'a stututory declaration; Park mude a little diffi culty and was very reluctant (o do it; this occurred at @ board meeting; Witness remembered at a general meeting a stockbolder asked for information as to General Sehenck’s shares; Park was pelted with ques- tions, and be said with great adroitness tbat he would euswer (is question first; he said he lent the money to General Schenck for the shares; tnat he would ccntinue to lend to him, and that he would not hear the name Qud reputation of the american Minister attacked, and be pressed this frequentty; none of them knew anything about mines, but Mr. Bryages Wyiliams was tue most competent and it was agreea upon that he Should go; he went and made a lavorable report aud Tequested £5,000 for his services; this was objecied to by the directors, and Park was cmpowered to arrange the matter; withess did not know what the arrange- Ment was; witness understood that Park agreed to buy the shares of any stockholder who was not satisfied, At ibis point the case was adjourned til to-day, ADULTERATED MILK. There wus quiteastir yesterday in the Court of General Sessions, Part 1, presided over by Juage Suth- erland, when it was known that there would be pressed to trial the prosecutions against those who bad, as alleged, viviated the ordinance of the Board of Health in sel.ing or offering for sale adulterated milk. Quite ® crowd of scientists was in attendance, among them being Protessor Chandler, of Columbia College; Pro- fessor Doremus, of the College of the City of New York ; Protessors Silliman and Barker, of Yale; Protes- sor Caldwell, of Cornell University; Protessor Morton, of Steveus institute, and others.’ One of the main Questions will doubtless be the accuracy of the lue- tometer as an instrument for testing milk. The first Case called was that of Charles Frost, of No, 354 Madison street, who pleaued guilty, upon Which coniession be wus fined $6u, Then foilowed the case of Daniel schrampf, of No, 206 ave- hue B, who was charged with having, on the 26th of August last, sold or ottered for sale adulterated milk. Messrs. Prentice & Hastings, representing the Board of Heulth, appeared tor the ‘prosecution, and Messrs. Louis Waehner and Mr. Lawrence defended the pris- ner. Mr, Waeliner opened the proceedings by moving to quash the indictment on the ground that it was de- fective, but the Court denied the motion. Mr. Hust- Ings when s! the case, He sald 1t was a prosecu- tiv under the auspices of the Buard of Health by vir- sue of an ordinance which provides that no muk that Was watered or reduced or from which the cream was removed should be oilered jor sale. ‘The prosecution claimed that the prisover bad violated that section. 1t would be shown that on the day in question the de- fendant kept at bis store one or more cans of mi'k tor Bale; that suc milk was carejully tested and that these teste revealed that at least one-sixth of that miik was water; in other words that the milk had be reduced. Counsel urged ivat the seller of spurious articles shouid be punisued, and the movement on the rt of the Board of Heals to protectthe interests of publicin the matter of wholesuine milk met with Ee recognition, Statisiics had sbown that out of (29,000,000 quarts of milk so ¢ aunually in New York and Brooklyn ut least 40,000,000 of these proved to bo water. He predicted thut the result of these prosecu- Hons would prove a warning to disbonest dealers in silk William E. Wall was called to show that the ord Dance of the Boure of Health under whieh the pris- oner was indicted was published in the City Record 24h of February, 1876, when the same became operative. The further hearmg of ihe Case was adjourned till this morning. ELECTION CASES, The case of Michael McCormick was continued in the United States Circuit Court, betore Juige Bene- dict, y rday morning. An inspector of eleciion Vestifled that ihe prisouer came to the polling place And gave a false name; the prisoner then handed tothe Inspector a set of tickets; his name not being on the Fegistry book the tickets ware returned to bim and the Juspectors ordered bis arrest, On cross-examination by Mr. A. H. Purdy, who appeared for the detence, the Wiluess could Dot Wear that the bullot lor member of Congress was i the set offered by the prisoner, Mr. Purdy then raised the point that the evidence bad fatied to show that the vuilot tor Congress was ten- red by the defendant; that the Court had no juris- diction without Such proot, and (hat no conviction could bad. Geuerai Foster, who appeared for the yovern- thought the point well taken, and asked e Court tu instruct the jury to acquit. 1bis was done and the prisouer discharged. James Wilikins! was then placed at the bai with voting twice at the lust ciection, but the sume difficulty agin the case of McCormick ‘occurred wita Pegard to showing that the defendant vowed the Con- §tersional ballot the second time, General Foster Conseuting the prisoner, on wotion of Mr. Purdy, was discharged. LOCOMOTIVES IN COURT. The Rogers Locomotive and Machine Works have brought sult against the St. Louis, Iron Mountain and Southern Railroad Company to recover $56,936 12, al. Neged damages through breach of contract, It is Stated in the compiaint that the St, Loum and Iron Mountain Kaijroad Company, in January, 1873, made ® Contract with the plaintiffs for the manufacture of ten locomotive engines at $13,450; that one of tho @ngines was built and delivered according so the con- fract and the same paid for; that subsequently tho defendants refused to take the uduitional locomotives eontracted jor, although offered at considerably re- Fool oo pled account of decrease in the price of diminished wa; wod that on sccouat of the failure to take such engines they havo sus- faleed damage in the nmount stated. It is siated arged | i | | | elect, the deceased, of general interest, but no doubt feeling biinseif | })/AGt8 0! tne deoonad NEW YORK HERALD, TUESDAY, DECEMBER 19, farther in the complaint that subsequent to the mak- ing of this contract the St. Louis and Iron Mountain Railroad consolidated with the Csiro and Fal- ton Railroad, the name of the company upon such consolidation being te St. Louts, [roa Mountain and Southera Railroad; that under the terms of such con- solidation the new company became liable for the con- tracts and debts of the old company, and that for this reason Ube present suit is brought aginst the consoli- datod company, The defence 18 that the vico president of the original company made a mistake tn accepting the contract, and that after the contract was thus erroneously approved he informed the plaintiifs of the facts, although paying for the locomotives built and de- livered on such mistaken approval. Tho case came to trial yesterauy before Judge Larremore, holding Su- preme Court, Cireuit, and will probab!y occupy threo or tour days, Messrs, Martin & Smith appear for the plaintifs, and Messra. Alexander & Green lor the de- fendants. A YOUNG MAN’S INFATUATION. In a suit brought by Hugh McCulloch & Co., bank- ors, against Mr. George Hoffman, a row trial is being sought in the Supreme Court, and a motion to this eflect wasto have been made yesterday in Supreme Court, Chambers, but was postponed until Saturday, The defendant is a man of large wealth, lives on Fifth avenue and has a suminer residence at Hyde Park, on the Hudson. The circumstances under which the suit was brought have bere- tofore been fully given in the Heap, and it is only necessary, therefore, at present to give but a brief recapitulation of them! A son of Mr. Hu man, George Hofman, Jr., became infatuated, as leged, with Mile, Bonfintt, a prima donna whom, sui ¢ here in the “Black Crook, sone of the bright particular stars, he followed to Europe and then married ber, after which The suit was brought to recover $4,000, aimed, young Hoffman ovtamed upoo As from bes father Lake Come, which, it 18 ¢ aietter of creait, which, be éaid, w to J. J, Puleston, of the trm of & Co, Mr. Hoffman, Sr, retused to pay the ciaim upon its presentation to him, aud tus resulted the suit against bim which aided im u verdict tor the tuil amonutin favor of the suing bankere, the story Ig the return of man to his father! home © ccount of failing bealth acd his recent deatu. The motion for the new trial is based on new evideuce said to have been discovered among the Tt is stated further that Mile, Jonfants was present at the funcral, on which occasion she clamed to be the aeceased’s widow, a ciaim which greatly surprised Mr, and Mrs, Hoffman, neither of whom bad ever learned of their son’s marriage, and who are now inelined to discredit tne story, On the retrial of the case, if such new trial should be granted, the whole story wiil doubtiess be fully venulated. SUMMARY OF LAW CASES, Allon R Seaman obtained a verdict yesterday against the city for $2,705 51 for injuries toatugboat, The | case wag tried before Judgo Van Brunt in the Court of Common Pleas. In the suit brought by the Chatham National Bank against ex-Sheriff O’Brien, ou trial before Judge Dono- hue, the facts of which have been published, a verdict was yesterday rendered tor the defendant, A verdict for $250 was given yesterday beforo Judge Sedgwick in favor of G. W. Johnson and Joseph Poul damages Jor goods wrongtully seized under a marshal’s execation. £ In the United States Court, yesterday, a penalty of $1,000 was recorded in an action brought against George D. Crary and others, on a charge of purchasing filty barrels of spirits trom E, M. Berkuam & Co., whe, as the charge set forth, were not authorized to deal in spirits. An order was yesterday given by Judgo Sanford making Henry W. Bently receiver of the estate of the jute Jumes B, Taylor, a party defendant in the suit brought vy Charles A. O’Kourke agaist Laura A, Taylor. Permission was also given to tile a supple: mental complaint ‘Application was made yesterday to Judge Van Hoesen, holding Special Term of the Court of Common Pleas, to remove lor non-attendavee to duty James K. Harrison, Clerk of the Sixth District Court, eo Court took the papers, although the question 1s raised as to whether the Court bas jurisdiction in the case, The suit brought against the New York and Harlom Railroad Company to recover $5,000 damages on nc- count of tho killing of Thomas Fariey, a lavorer em- ployed in the sourth avenue excavation, tried before Justice Daly in the Court of Common Pleas, resulted in a disagreement of the Jury. Judge Robinson was busy yesterday in the trial of the suit of Agate vs. Lowenbem, brought for damages caused by moving partitions in ‘the building No. 645 roadway, leased by the defendant. Consequential damages were also sought for surrender of the lease before the expiration. . Mrs, Charlies Letrard and William E. Townsend are charged by Hennessoy Brothers with simulating their trade mark. The case came to trial yesterday before Judge Van Hoesen, at Special ‘Term of the Court of Common Pleas. The trial promises to occupy consid. erable time. A good many liquor dealers were proapnt yesterday who watched the proceedings with evident interest. Several remarked it as a curious idea the Offsetting of one f by another, In the Koo divorce suit, the tacts of which were peplithes in the Hk#aLp some time ugo, adecision has wen given by Juage Lawrence awarding $500 alimony to the wite and a counsel feo of $1,000, and giving vo her the custody of the children. Judge Saniord, holding Special Term of the Superior Court, yesierday granted an injunction at the suit of tue Merchents’ Savings Bank prohibiting Augusta FE. Bucking trom receiving an award ordered to be paid ber by the city, and tue city aud the Comptroller irom paying such award, Un an order of arrest granted by Judge Robinson, of the Court of Commun Pleas, Mr. Judsou G. Worth was yesterday arrested to auswer & charge of malicious prosecution prejerred by Kaufman Simon, of the law firm of simon & Goodwin, Ar. Worth gave bail to answer to thecharge. ‘The suit is Tor $50,000 damages, Betore Judge Freedman, holding Supertur Court, Trial Term, there was tried yesterday a suit brought by Anson G. Bird and others against C. MeGelas Tne suit grew out of the shipment of @ cargo of linseed. The detence was that some of the bags charged tor wero not delivered. A Verdict lor $602 50, guld, was given for the plaintiff. Philo F. Ruggles, receiver of the City Plate Glass Insurance Company, bas brought suit inst Alired H. Wilmot for vajue of sixty-nine shares of stock of the company, subscribed tor by the detendant in 1872, the par value of wuich is $6,900, upon which $316 only have been paid, Mr. Wilmot’s defeuce is that he is entitled to $1,500 for services as president of the com- pany, und that the assets of the company are ample to pay ita liabilities. ‘The cage came to a trial yesterday belore Judge Sedgwick, of the Superior ale Mr. John L. Cadwallader appearing for the plaintiff and Charles Volger for the defendant, In August, 1872, the Third National Bank of Balt. more was robbed, and among the proceeds of the rob- bery were four Louisville city water bonds, valued at $1,000 e: which belonged to Edward T. Brainbridge. These bonds subsequently turned up in the Nauvoual Trust Company, where they had been deposited as collateral by Joseph J. Bevin. Mr. Brainbriage brought sult against Mr. Bevin to recover their value, which was tried yesterday betore Judge Lawrence. The defence was that he was a bona fide holder of the bonds, A seated verdict was ordered for this morning. The suit of the United States against John A, Mesoriey, the well known Custom House broker, of this city, to recover $1,095, gold, and costs, due the United States, on a warenouse bond of Levy & Buret, and on which bis name was signed as surety, has been discoutinued by order uf the Solicitor of the Treasury, Mr, McSorley’s signature on the bond was a forgery, and it was also executed on Sunday, which was illegal, It was proved that the broker who passed the entry at the Custom House had been guilty of other frauds, and woen they were discovered he ran away tu Kurope to escape punishment, and was killed on a Tallroad in Scotland. Charles L. Halberstadt, a lawyer, was some timo ago commitied by Judge Westbrook for contempt of | court 1 reusing to obey an order of the Court air ing him to pay over certain moveys to George Sible: a receiver appointed by the Marine Court. He was brought betore Judge Brady yesterday on a writ of habeas corpus, and his discharge asked on the ground of various irregularities in the commiiment = Mr, Heury ©. Devisun, uis counsel, contended that for a refusal to obey an order of the Court directing pay- mentof money under the statute a precept could only istuc und should show ihe service of the order ade. mand and reiusal to pay. On the part ot the receiver it Was argued that the comniiment was regular upon Itg fuco and that a precept was Bot the regular writ to be issued 16 u case like the one before the Court, The ok the papers. of mteresi to distillers was tried yesterday in the United states Circuit Court, before Judge Biatch- ford, The government sued the New York Keeutying Company tor $1,000 penalty. An agreed statement of facts showed that the deiendant made & contract with | Fleischinan & Co, distitiers, doing business in Brook- lyn, tor the purchase of twenty-nive bar f aistilled spirits Fleiscbinan denvered tiiteon of the tweuty- five burreis, claimed lo be of their own manufacture; the other ten barrels makmg up the contract were the manuiacture of another firm but accepted by Fleisebinan & Co, Judge Blaichiord held the iauguage to mean. authorized th respect to the particular transa Judgment was given tor the government jor the amount claimed. Au indictment was found by the United States Grand Jury against W. Joues toe having made an aff Cuvit as @ Witness for one Samsel on the naturalization of the latter, stating that said Samsel lived in the United States five y: in whe State one year, was atiacbed to the principles of the constitution of the United States and was well aisposed toward government, The Case came on tor tral day morning. On ct ant’s counsel of Sam government witness, 16 was shown that he (Samsel) did live in this coun- try five years, im the Stato one year, ached to the prizciples of the constitution of the Untted States, and was weil disposed to the gov ernment, The jury returned a verdict of guilty, A motion was made for a new trial and arrest of 1udg- eco Upon tats motion the Court reserved its de- cision, DECISIONS. SUPREME COURT—cCHAMBERS, By Judge Brady. Black vs, The Continental Bank.—See order, House vs, Cohen; Hart vs. Cook; Chase vs. Astot Chesterman vs. Kopper; McEvers va. Quackenbush Matter o1 Lo6th street, Ke.—Granted. Beeselivre vs. Halstead; Heydecker vs. The Life Age sociation of America, and Brisbane ve. Travers, —Mo- Mons denied, See opinions, Caivo vs, Davies.—1 think, under the circamstances, $100 only should be allowed. so ordered, Haven vs, Kasmire.—Uhe detendant being a public officer, and not a non-resident or Lrapsient person, the order is The remeuy is complete without it, Welsh ve. The Fiushing Kajiroad Conpany,—Default opened oF payment of $10 costs, McCulloch | Tho sequel of | Welsh vs. The Flushing Railroad Company.—Motion Granted, but without prejudice. Opinion, Tolles vs. The Exceisior Gas Machine Company. — Application granted as amended, Landesman vs. Hoflman.—Motion granted. See opinion, Boihvimer vs, Schuyler,—Granted conditionally. See opinion. Hodges vs. Porter.—See opinion. Rose vs. King.—This motion was made too Ia! must be denied. Stay vacated. Von Cleef vs. Hu ‘his Cause not being at issue, the items of $15 and $20 were properiy disallowed. The $10 costs to abide event should bave beeu allowed, Ordered accordingly, Von Hein vs, Eixers,—This case is unusual in so Of its features, and on the question of costs Warrants a depurture from the general rule, that a receiver prose- cuting without leave of the Court is liable for the costs, { defeated, I think he should be compelled to pay disbursements in this action necessarily made and to ve taxed, Motion granted on such payment being made. ‘The Sisters of Chi and ity vs. Kelly.—The aliowance will be granted, to be paid out of the estate, not otherwise. Matter of 123d t, &c.; matter ol Dominick and Cutting vs. Curtis. —Grantec Luddington vs. Slauson,—Should be done vy an order to show cause, &c. Matter of the Metropolitan Association. —Proceedings adjourned to December 19, 1876, at 103¢ A, M. Woomsen va, Hoflman.—This motion is denied be- cause defendant deciared under oath thatthe mortgage was Valid. Motion denied, with $10 costs. Scherenberg vs. Bischofl._—Releree’s report con- firmed, with allowance of referee’s fees and disburse- menis te be taxed. Memogandum, | Williams vs, Halsey.—Reieree’s fees and disburse- ments aliowed. Memorandu Pinkernelli vs, Bischof, Jr.—In this case no exce] | tions were tiled or taken Lo the referee’s report, There | 4s little douUt of the justice of the referee's conclusions. The only question whizh appears to be litigated here that iu reference to costs, The claim herein was not | unreasonably resisted [It was properly contested, and | it was reduc The piaintif is only entaitied to re- | cover, therefore, the fees of the referee and meceasary | disbursemeuts to be taxed, Code S, 317, Ordered accordingly, avd that the report be confirme Vs Halsey.—In this matter the demand d, 1 think, unreasonably. The clan of b the estate was recognized by the testa- ed Lo in her will as stated on the argu- ment. This incident withdraws this Case from the applicable to siailar proceedings and warrants an awerd of costs and an allowance to be paid out of the estate, The defendant could nave, by proper inquiry, established, doubtless, the amount of the claim which alone was undisputed, If, indecd, any- thing was in controversy. The claim Was not gain- } said by any proot, and the plaintiff should not be sub- j Jected to the expense of proving her rights Costs and ‘am allowance o1 $25 granted. Ordered accordingly. By Judge Barrett, Tolles vs, The Excelsior Gas Machine Company.— i Application granted as amended. By Judge Donohue, Jenkins va. Leubuscher,—This case 1s made up 80 far trom the tacts that the stenographer’s notes sheuld be substituted for the case, So ordered and the case settled, s = a2 = By Judge Lawrence. Matter of Meses and another.—I will grant an order to show cause. Sibley vs, Same; matter of Halberstadt; matter of Aucbmuty; wWatter of the Second Baptist church of Hariem; matter of the Benevolent Hebrew, &c., So- ciety; matter of the Centrai Presbyterian Church aud matter of the Congregation Shaari Todi, Orders granted. Roe vs. Roe.—Opinion. Brition vs, Bradner.—Case and amendments as settled, Matter of Donrig.—Memorandum for counsel. Matter of vurtee,—I wish to see counsel in this case. Kidd vs, Bristow. —A receiver will be appointed and the injunction continued, If counsel cap agree upon & proper person to be appointed as receiver 1 will ap- point bim, and such agreement would be most satis- factory tothe Court. Memorandum. Matter of the Suspension Bridge.—The report of the Commissioners must bo conlirmed. Memorandum. Phelps vs. Platt et al.—The deleudant 1s, 1 think, entitled to some allowance or the discontinuance. An a of $200 is grunted. (Coftin vs. Coke, 4 ow., Murphy vs. Moses —The order of October 28, 1876, may be modified so asto allow the receiver to make payments not exceeding $500 at any time, without ap- plication for leave to, Greata vs. The Mayor, &c,—I adhere to the views expressed upon the trial relative to the construction | of the agreement between Mr. Elder and the city, The motion fur a new trial is therefore denied. Bumstead vs. Hoadiey.—I'he third subdivision ot | section 807 of the Code refers, in my opinion, to all the | interrogatories which are annexed to a commission, | andbut one charge for drawing such interrogatories | cun be made, ‘The adjustment of the clerk must be al- tered to conform to that view. GENERAL SESSIONS—PART 1. Before Judge Sutherland. THE BECKWITH FORGERY CASE. The trial of C. R, Beckwith, chargod with forging ro- ceipts and defrauding B.T. Babbitt, the soap manu- facturer, was resumed yesterday, At the opening of court ox-Judgo Fullerton summed up uu venate uf the prisoner, coutending that the prosecution had not proved the crime alleged. The Assistant District Altur- | ney replied on the partol the people, and the Judge hay- | ing charged the jury they retired’at a quarter to four | o'clock. Tbis is a somewiat remarkable case, there being sixteen indictments against the prisoner, on one | of which he has aiready been convicted. The disclos- } ures, when first made, created quite a sensation, it being alleged that the prisoner appropriated moneys | amounting to nearly a quarter of a milion. The ease | ‘was intrusted to Detective Golden, who worked it up promptly and brought about a gpecdy trial, The jury returned to court jast night and rendered a verdict of guilty. GENERAL SESSIONS—PART 2 Before Judge Gildersleeve. AN ITALIAN RoW. John Brown, an Italian, was indicted for having stabbed Antonio Lago Marcini at No. 17 Baxter street on the night of the 26th of November, Mr. W. F. Howe, who defended the prisoner, contended that there was no evidence produced-which showed that he had a knife tn nis hand, and that the complainant received his injury by falang on a hydrant while im a state of intoxication, The jury acquitted the prisonee, ALLEGED INDECENT ASSAULT. Michael McCann, young man ninetcen years old, was arraigned at the bar charged with having com- mitted an indecent assault on a little girl nine years old, in a cellar at No, 530 West Thirty-fourth street, on the 3d of June last. ‘There was no evidence against the prisoner except that of the complainant, who was not corroborated, while Mr. Edmund E, Price, counsel for the prisoner, showed that his cient was otherwise en- gaged at the time of the alleged offence, and also that bis character previously had been above reproach, ‘The jury returned a verdict of not guiity, COURT CALENDARS—THIS DAY. Supreme Court—Cuamners—Held by Judge Brady.— N 2, 76, 85, 86, 92, 98, 100, 111, 114, 119, 120, 134, 137, 139, 149, 166, 178, 185, 188, 200, 2 226, 227, 228, 229, Supreme Court—GengeRaL TERM.—Adjourned to De- cember 23. Surreme Covrr—Srecian Teru—Heid | vy Judge Barrett.—Nos, 760, 633, 692, 703,729, 743, 744, 759, 760, 761, 76 ae 768, 636, 637, 08, 71, 96, B61, 350, 38, 57, airs 2 Ai eR RS Surrexk Covurt—Circcit—Part 1—Held by Judge Donohue.—Nos. 695, 60%, 92334, 1789, 191545, 2039, | 862, 3: 11, 2015, 209i, 2527," 182544, TWA, 2175, 2879, 1uv3, 3841, 2053, 1, 1111, 3107, 3681, 2485, 777, 2385, 2309. Purt 2—Held’ by Judge Lawrence.—Nos, 194, 1404, 760, , 2240, BbS2, 2568, 2786, | 119845, 82635, 1 1398, 552, 1898, Part 3—Hela by Judge Larremore.— o, 1967. ScuPKRIOR CouRT—SreciaL Sanford,—Nos. 22, 26, 30, 61 Screrion Covrt—ThiaL J Sedgwick.—Nos, 2 417, 475, 404, 432, 445, 475, 397, 313, 423, 434, 454, 1116, 456, 1099, Part 2—Held by Judge Freedman.—Will « Part 1 in disposiyg of their calendar, Scureniox CourRt—Geyexal Texa.—Adjourned for | | the term. Cowmox PLeaS—GayeKat Term.—Adjourned for the teri. ComMon Puras—TRiaL Term—Part 1--Adjourned for the term, Part2—Held by Judge Van Brupt.—Nos, 1195, 1202, 490, $46, 708, 671, , 775, 1098, 335, 378, 497, 037, 1546, 1017, 785, 347, 1221 to 1228 (inclusive). | part 3Held’ by Jaage Rebinson.—Case on, No. 18. | No day calendar, Marine Court—TriaL Taru—Part 1—Held by Judge Shea. se On, No. 4902 No day calend Part 2— Heid by Judge Alker,—Nos, 1813, 5: 5512, 4972, 51: $288, 6150, 5228, 5454, 5483, 5484, 7: 5383, 4351, 55: os. 8018, 7199, 7153, ped 4531, S751, 41 244, 7345, 6666, 5780, 3838, 4789, 789, COURT OF GENERAL Skssions—Part 1—Held by Judge Sutherland.—The Peopte vs. Oscar Frost, misdemea- Same vs, Francisco Bajine, felonious assault and battery; Same vs. Edward Cratt, forgery; Same vs Jacob A. Woolkenburzh und George W. West, con- y; Sume vs, Sigiried Wollers, obscene {tera same va. Mathiae Zuigler, obscene literature; Same va, xtortion; Same vs, Thomas Farreii, rescuwg prisoner, Part 2—Held by Judge Gildersieove.—The People vs. Quimbo Appo, mav- shughter; Same vs. Charies Dail, burglary; Same vs, James Cummings, burglary; Same ‘vs, John belananty, larceny; Same vs. Walter Coleman, larceny; Same vs. Wolf Coben, ponte Novick 10 THe Ban.—All orders for seitiement by Judge Brady must be sent to him in care of Mr. William H. Ricketts, Suprome Court Judges’ private room. COURT OF APPEALS, ALBANY, Dee, 18, 1876. In the Court of Appeals to-day the following cases were argued :— No, & Embury va, Sheldon.—Argument resumed and concluded. No. 80, Conroy vs. The Mayor, &c.—Argued by Charles E. West for appellant; D. J. Dean tor respond. | ent. H No, 84. Sheridan va. Tho Mayor, &c.—Argued by | Charies P, Shaw for appeliant; D. J. Dean for respond- ent. No, 96, The Whitney Arms Company va Barlow.— / Argued by D. M, Porter for appellant; Samuel Hana tor respondent. The tol.owing I# the day calendar of the Court of wn temas 19:-—Nos. 98, 100, 103, 105, 110, (ooo | papers } ter in the Workhousé, do you think #1 THE SUFFERING POOR. Hearing the Stories of the Unfor- tunate at the Tombs. THE OLD CRY—“HUNGRY AND HOMELESS.” Views ‘of Commissioner Cox on the Pre- vailing Destitution. NO HELF FOR THE POOR EXCEPT PROM THE RICH. The storm of yesterday brought a bleak day to the multitude of the unemployed and their jamilies. How many human beings were outin the streets or hid away in such poor shelter as the open places afforded, allof them wet, cold, homeless and hungry, may be éstimated when tke total number of the unemployed 48 remembered, The absolute need there is for warmth for the wives and families of tne unemployed men must have been apparent yesteruay to any one who was lrumane enough to think at all about the matter, and yet tho Board of Apportionment still hesitates about granting the petition or demand of the Commis. sioners of Charities and Correction for the fund neces- sary to afford this charity to the suflering. One would think that the Comuissioners of Cuarity ard Correc- tion ought to be the best judges as to what is needed for the poor, and that when they affirm the necessity of relieving a particular exceptional distress they should not be thwarted in the periormaxce of duties belonging to their office. NECESSITY OF AN APPROPRIATION. The sum of $100,000 1s ubsolutely needed for the out- door poor this winter, and the Board of Apportion- ment has had the records of the charity commission- ers befure it im proof of the justice of the requisition trom the Department of Charities and Correction. The new Board of Apportionment will come into oflice on the first day of the New Year, and then, tho estimates having been passed upon by the existing Board, any money to be appropriated for the outdoor | poor must be contingent upon balances left over from other appropriations, |‘, then, the Board of Apportion- ment does not now make the appropriation acked for there can be no adequate means to supply the poor With coal this winter, The money already appro- priated by the Board for the poor goes to chari- table societies, which, no doubt, are doing excel- lent work in their respective spheres; but either there is a total misconception as to the extent of the want in the cliy and the classes who are suffering, or this money will bo altogether insufficient to supply tuol to the thousands of families who have no means of buying it, and who cannot be reached by these associations Every ono at all conversant with the destitution prevailing admits that tuere has been too long a delay in affording some regular system of relief to the famishing people in distress, THE REASONS FOR TLEIR POVERTY. A Heratp reporter visited the Tombs Prison early in the forenoon yesterday for the purpose of noting the investigation made by Commissioner Cox of the men who were seeking refuge in the Workhouse on the Island, Commissioner Cox attends at the Tombs every morning to perform this charitable duty, and the amount of good he docs by advice and by seeing that those poor men and women receive the attention their respective cases demand is of incalculable benetlt to them, The Commissioner was assisted by Wardon Quinn, the doctor of the prison, and Keeper ¥inn, while he was hearing the stories of the ap- plicants, The following ia a summary of the case: which were disposed of yesterday :— James Smith, a porter by occupation, could not get work for several weeks past, Ho was not able to get even a meal a day. When asked why he could not ‘turn out and shovel snow he said he had no shovel and did not know where to got the price of one. Mawuru Netan was iu the United States Army for two years and hada pension, He was entitled to a place in the Soldiers’ Home, but he was desirous to stay here to wait until the death of his daughter, w girl thirteen yeurs of age, who was not expected to hve. His wile bad died within a year, and the expenses left hin pea- niless, He wanted to wait until the March pension would come ¢uc, when he could pay back his cay part of $20 he bad borrowed trom him at the time or his wite’y death, and perbaps attend to the burial of his daughter, He also bas a boy, who is being cared for. Out of the last pay of his pension he had given $9 to his children. James Gordon, a plumber, had been all over the city looking for work, but fatled in gettiugajob at any- thing. He was completely penniless and did not know what to do except to go to the Island. The Commis- sioner asked Warden Quinn to give bim something to do around the prison, a8 some plumbing work was necessary. Gordon was accordingly committed to the Tombs. Charles Smith, @ tinsmith, had been working for his board only, but ior the past lew weeks could not get work even for that. He had no money and no friends, wo he had to go to the Workhouse. Moses J. Johnson, a colored man, had been em- ployed us waiter in several places, but could not get anything to do in this city, He offered to work for bis bvuurd, but could nut get_ajob even at that, As he thought he could get work in Pittsburg the Commis. sioner furnished Lim with transportation. Edward Linden, a laborer, was both sick and out ot work. William Parker, a painter, had been in Jersey and all round this city looking tor work. He was willing to work lor his Loard, but could not ajob. Hebad been idle two weeks, living on a meal a day, and could not stand it any longer. Parker was recommended by the Commissioner, us he was quite a young man, to try aguin, as bis associations on the Isiand would not improve ‘him; but he said he wad suilered too much already and be wanted food and shelter. Joun Kane, who was suffering terribly from sick- ness. Was an ex-soldier in the United States army. Ho had been in the Soldiers’ Home, but came here to get hus pension. The Commissioner requesteu the doctor to see that this man was sent to Betevue Hospital und there cared tor until he could be returned to the Soldiers’ Home. ‘Michael Murphy, a bootblack, eighteen years of age, could yet no. ling to do at his busidess nor ut selling He had sold bis box for twenty-tive cents to pay tor his lodging and bad mo chauce now of “get- Uibg anything to do at anything.” Tbe Commissioner told he was not quite sure but he was lazy, and asked the Warden to put bim at work around the prison to test bin, ing to work at Marpby protested that he was wiil- thing it he got the chance, bat be had found he could not earn the price of bis lodging. VYhomas Hand, a United States army pensioner, could not work on account of one arm being parvally paralyzed. He was dischurged from the army in 1863 on {ull pension, bus iost his discharge papers and never gut a cent of bis pension since. Commissioner Cox gave instructions that this man’s case should be inquired into and the truth of his statement ascer- tained. Matthew Murphy, another ex-solgior, said he would hot be admitted tn the Soldiers’ Home, as bis wounds Were bot sufliciently serious, His pension was $3 0 month, He was utterly penniless, avd ucabie to get k ‘at anything, Commissioner Cox requesie w Warden Quinn to see that Superiptendent Kellock looked alter this case, DESTITUTE WOMEN. The Commissioner next visited tue women’s prison, and Miss Foster, the matron, presouted the female ap- plicants tor the ‘Workhouse :— Martha Collins, « middle aged womun, had veen Ditherto able to make a living by hawking round a Vasket of candies, but could no Jonger subsist on the profits, Pretien Foster, eighteen years a resident of this city, had been “living out,’ but could not now get a p Mary Davis; regiding io this city ior thy years, had uo home ana he friends, The busband was killed sixteen years ago, and her son, with whom she had been living, died six months ago. Lina Lubin, sixteen years a resident in this city, bad been living ‘out since her husband died, eignt years ago, She was too old now to get empioymeni as & domestic, anu bad no friends or money. susan Robinson, forty years a resident in this enty, had tive chiiaren of a family of tweive living, but did not get assistance from any of them. ‘Tuey wero scuticred all over, the only one of them trom whom she heard io five years being a daughter who mar-* riod out West, This was second time she was obliged to go to the Workhou: COMMISSIONER COX'S OPINIONS. After the disposal of these poor people the reporter had a conversation with Commissiover Cox relative to the condition of the poor at this time:—"‘Is_ there any, Probavility,”” avked the reporter, “ol getting the ap propriation of $100,000 for the outdoor poor f” “We bave done all we could The statistics we fur- pished the Board of Apportionment ought to be suiti- cient reason lor their granting of the stem io the esti- mates, “Would that amount be neceswary to meet the de- anand this season t”? “Absolutely necessary. We could dispose of more than (hat judiciously im relievimg the poor this winter,” “From what vou see here of the applicants for shel- 4 the reports of the distress is exaggerated 1”” “By no means, 1 have had experience for three winters of the condition of the poor in this city. The peculiarity about this season js, that it is trom working classes tho applicants come. la fact, tl ‘tramps’ have comparatively disappeared. I judge there must be ail of the number ted now out of employment in this city.” “Do you agree with those who that the city should supply public work tor the idle men?’ “Ido not think much hope may be entertained that the city will take any action that would involve sach | intrusted 1876.—WITH SUPPLEMENT., large expenditures of money #3 would be required if Public work were to be started.” “How, th is the general distress to be dealt with “Lo my opinion, the onty resource is the charity of the wealthy Heip trom that class must come, sooner or later, this wiuter, It will be absolutely needed, SUBSCRIPTIONS FOR SUPFERERS. In answer to correspondents who ask “whether the Herano will receive contributions in money for suffer- tng famihes mentioned in these columns,"’ we answer that any money sent wil! be acknowledged and handed to whatever family the donor may name. CASKS YOR THE CHARITABLE. There is a family in extreme distress on the top foor of No. 39 Ann sireot. The charitable visitor can in- quire for Moses F, Colby and wile. ‘There ig a respectable woman on the top floor, room No. 14, of No. 106 Delancey street, who needs assis- tance. Her husband is tp the hospitai and she has « cbild to support. A donasion of coal is especially needed, ACTION OF THE ALDERMEN, At the mecting of the Board of Aldefmen yesterday Mr. Gross offered a nape and resolution relative to an appropriation for the outdoor poor, which were adopted as follows:— Whereas the prostration of business in all commercial and industrial branehes, and the idleness and w among th since 1875, ked. wake ements in the public gtmien in thiscity is pain- the unsettled condition of the Hon, and the disquietude, and sp- a political affairs of th rehel arising therefrom pervadil all wusicess circles, throughout the whole realm of this Union, peurly adds to the xloomy — fore- bvodings regarding ‘our business prospects ‘tor the future, and may induce a total deadlock in all mereantiie and manufacturing pursuits, entuitug untold misery upon sands of families heretofore able to support themselves; fore be it olved, That the Board of Estimate and Apportion- ment be and is hereby urgently requested not to curtail he appropriation of $1000) for the outdour poor. ae pr posed by that Board, and that the whole of this amount devoted by the Commissioners of Charities and to that end, and thet the Clerk of the Commou. directed to submit this resolution tortbwith co the Estimate and Apportionment, together with au explanation of the reasons for this Bourd’s action in regaed priation for the Department of Charities and C THE OCEAN BANK. & SETTLEMENT DEMANDED FROM THE RE- CEIVER BY THE DEPOSITORS. A meeting of the depositors in the Ocean National Bank, which (atied in 1871, was held yesterday at No. 107 Fulton street, for the purpose of taking steps to havethe receiversettle up with the creditors. The meeting, Which represented some $25,000, was unani- mous in appointing a committee of three to wait upon the receiver, Mr. Theodore M, Davis, and, in case of failure in procuring a settlement with the depositors, the commitice was empowered to apply to the Secre. tary of the Treusury in relerence to the matter, ONLY SEVENTY CENTS ON THE DOLLAR. Mr. J. M. C. Martin was chosen chairman of the meeting and Mr, James Wright secretary, It appears that after the failure of the bank in 1871 Mr. Davis was appointed receiver, and that in several reports tesued by him he promised that the depositors would be paid in full and that the atockhalders would receive filty percent. So far seventy per cent had been paid to the depositors, and they were given to understand thot they wouid be paid a further dividend in May last, but the fullliment of that promise was subsequently postponed till July, When July came round, however, the receiver unable t ut his engagement with the depositors, and made ement giving his rea- sons. These were in effect as tollow: in the fir: place he represented that a sum of $250,000 which had been offered tor the Portage Lake Canal Com- pany debt was to have been paid on July 1; that the party, however, was unuble to carry out the agrse- ment then, but the money was promised in October, when there was every reason to suppose it would bo paid. In the next place he urged thut the other assets would have been sold on the 1st of July, but ior the tact that the receiver was unable to dispuse of the pending robbery suits; that, therefore, any sum likely to have ‘been realized from such sale could not have been paid to the depositors, for the reason that the plaintifts in the suits would have obtained an injunction restrain- ing the payment of any dividend until ao amount sut- ticient to cover their claims had been set aside and re. served for their venefit. ‘The results of such injunc- tion, he represented, would have been to compel the receiver to deposit some $200,000 in the Sub-Treasury to await the termination vf the suits, the aasets would have been sold at ap unlavorable time and great sac- rifices would haye been made without any benefit to the depositors, Another reason for the non-payment of the vividend ip July was in efiect that an ment had not veen levied upon the stoc! ers, because until the termination of the robbery suits woich upto a short time betore involved about $380,000, {t was impossible to say how much the bank owed; that the assets would not have yielded enough to pay the balance due the depositors and the amount claimed by the robbery plaintil'g; that to have levied b to cover both of claims would have resulted in an injunction on behalf of the stock- holders; that to have attempted the payment of de- positors without reserving evoagh to cover the clans of the robbery plaintiffs would have resulted in an injunction on beball of the latter, and that there- fore there was nothing to do but await the result of the robbery suits. He then held out favorable pros- pects for the payment of a dividend in November. During tne nine mouths preceding he had, he said, de- teated and disposed of robbery sui $180,000, and had obtained sctuiements and adjustments in various litigations and disputed claims, thereby putting the West Virginia iron property, the Wabash and Erie Canal Company debt, und other large claiins in avaiable shape for coi- lection or sale, All the pending robbery suits would, he expected, be disposed of ju October; the $250,000 olfered for the Portage Jake Canal Company’s debt would, in all probavility, ve paid during that month, and there was every Teason to suppose that the other assets could be sold at a much Setter price than just th However allthis might be he was authorized, he said, vy the Comptroiler of the Currency to say thas ail the assets of the bank would be seid 1n November, and, i! neces- sary, an assessment would be levied upon the stock- holders immediately thereafter. TUK AMOUNT DUE, November came aud went, aud the promise of the receiver uot having been carried oul the meeting of yesterday was held and a committee of three ap- pointed to endeavor to procure a settlement trom the Feceiver, and in case of fatiure to wait upon the Secr tary of the Treasury in respect to the matter, In th report of the receiver, issued 1p July, the amount due depositors was shown to be $381,898 84. Is IT A JOB? decrees, CHARGES PREFERRED AGAINST THE COMMIS5- SIONERS AND A COMMITTEE OF INVRSTIGA- TION APPOINTED BY THE ALDERMEN, Alder.nan Furroy presented a resolution yesterday during the mecting of the Board of Aldermen call- ing forthe appointment of an mvestigating com- mittteo tuexamine into certain charges preferred agamst one of the Commissioners of the Third Di trict Court House. This resolution was accompanied by a lengthy communication from Mr. Robert Cushing, of No, 765 Broadway, who preiers the charge, In this communication Mr, Casbing says:— “Henry H. Porter was appointed a Commissioner and president of the above named commission through the influence of Andrew II, Green, and the said Porter employed the landscape architects, Frederick C. Withers and Calvert Vaux, the ‘request of enid Andrew H. Grecn, to draw plans for the Court House at the cost of $16,000. The architects were not required tofurnish bonds or security tor tne work to therm. it is weil known that Henry H. Porter was the confidential friend of An- drew H. Green, aud consequently ran the commission to suit bimseil and to the detriment of the city and the responsible position intrusted to him as said Com- missioner.’ Mr, Cushing further op alleges that Por- ter was well aware that Calvert Vaux was coolined tor a certain me in the Lunatic Asylum anu that Frederick ©, Withers had made several attempts on his own lite, Mr, Cushing adds in’ the communication that several blunders were committed in the erection of the butld- img, and states (hat many others have occurred which can only be uscertaimed by un investigation; that the contractors were to have the building completed by De- cember 30, 1875, bat that it is still untinished and hikely to remain so untti some time noxt year, in con- quence of which action the city has sustained a great loss of "ey Alaermen Purroy, Keenan and Howland were ap- Poluted a committee on investigation. SUICIDE OF AN OLD WOMAN. Catharine Egloff, of No, 103 Greene street, attempted suicide yestervay by drinking a quantity of oxalic acid. It appears tnat Catharine, who is a some- what clderly womar, has a very unpleasant disposition, whieh is made all the more irritable by occasional potations. She has been married twiee, having by her first husband a eon and daughter, both grown up, and by Jacov Eglofl, the second one, a littie danghter, His child was taken by its father on a visit to some re- lutions on Sunday night, and on bis teturn he tound tuat bis wile had “been drinking, some words passed between them, and yesterday morning on awaking Mrs, Egiof compliaimed to ber growo up daughter, who happened to call on her, of her iumily troubles. Sue was suffering trom a headache, too, and alter breakiast she went store ncross the way, With @ paper of what the fan salts, This she mixed in a glass, and belore drinking it, asked her daughter if she would have any, On the jutter declining, she raised the pouou to her lips and swallowed it, ‘Thinking she bad been taking some medicine to relieve ber beacache, none of the family noticed her tilt she rose irom the chair she had been sitting on with her face distorte ring and her tnouth flecked with tow ell to the floor and rolied about in text of using it on leaner. then summoned and proper antidotes administered; jr f physician is of opinion that sho will not sur- vive. CONGRESS. Efforts in Senate and House to Settle the Electoral Question. A JOINT COMMITTEE APPOINTED, Defeat of the Bill to Decrease the President’s Salary. DEBATE ON THE OREGON QUESTION SENATE. Waasuixcrox, Dec, 18, 1876. Mr. Wriaur, (rep.) of lowa, ip accor¢ance with previous notice, iniroduced a bill to establish a court for the triai of contested elections in the offices of President and Vice President of the United States. He said he would not ask a reference of the bill at this time; be had prepared it without consultation with anyone, but was uot committed to ils terms, and would be glad to receive suggestions iu regard to it from other Senators. He did not share the feelings of many who imagined that trouble and dan- ger wou'd he the result of this contest, He had conf- dence that these difficulties would soon disappear and (ke constitution aud laws would arise over all. His contidence was in the common sense of the people of the country, There was in this country a traditional love of patriotic legal methods and a hatred of vio~ lence, That patriotic love would triumph. He be- lieved a law could be passed that wouid meet this great emergency. He gave notice that he would move the reference of the bill hereafter, and asked that it lay aya the table for the present and be printed. Soor je He also gave notice that he would ask leave of the Senate to submit some remarks iu favor of the bill at an carly day, THE ELECTORAL YOTR, Mr. Epuvwps, (rep.) of Vt., calied up the resolution submitted by ‘on Friday’ last, referring the mes- sayy of the House of Kepresentatives on the Subject of the Presidential election to a select committee ol sever Senators to act with the House Committee in prepar- ing @ measure best calculated to accompliah the lawtal counting of the electoral votes and the best disposi tion of all questions connected therewith, and it was unanimously agreed to without discussion, THR ADJOURNMENT QUESTION, Mr. Cameroy, (rep.) of Pa, submitted a joint resolue tion that when the two houses of Congress adjourn on Friday, the 22d inst., it be to meet on Weanes the 8d ‘day of January, 1877, Ordered to be pri and hie on the table. THE PRKSIDENT’S SALARY. Mr, Wriaur, (rep.) of Lowa, in accordance with pro- vious notice, called up the vill reducing tho salary of the President of the United States trom $50,000 te $25,000 per annum, which rassed both houses of Con- gress at the last session and was thon vetoed by the President, The Message of the President was read. Ho states, among other reasous, that he vetoes the bill from s nse of duty to his successors tn ollice, to himself and to what is due to the dignity of the position of Chief Magistrate ol a nation of more than 40,000,000 peo. le, When the salary of the President was fixed a $25,000 per annum, the nation comprised but 3,000,000 people; poor trom along and exhaustive wi th out commerce or manulactories. Ho then to the increase of the salaries of members of Congress, the cost of living in Washington, &c., and says he does not believe the citizens of the Republic desire their public servants to serve them without a iair compen- sation for tueir services. Mr. Wricat said he did not propose to di the bill, but would simply ask a vote of the Senate. After a lengthy debate, the question boing, ehall the Dill pass notwithstanding the objections of the Presi. dent, it was rejected by a vote of 25 yeas to 19 nays, not the necessary two-thirds voting in the affirmative, THE VOTE, The vote was a3 follows:— Yxas—Messrs. Aloorn, Bogy, Clayton, Cockerell, Conk. ravin, Davis, Dawes, Eaton, Ferry, Goldthwaite, . Hiteheock, Sohn rian, Key, McCreery, ‘Morrill, Morton, Prize, Sherman, Thurman, Whyte “NwrsAmthony, Barnum, Bayard, Biaine, Booth, Bout- well, Burnside, Cameron (Pa), Chafee, Dorsey, Kdinunus, Hamlin, ingalls, Jones (Fla), Mitchell, Norwood, Paddock, Winduni aud Withers—19. THE OREGON ELECTORS, , The Senate then resumad the considerative of un finished tusiness, being the resvlution of Mr. Mitchell directing the Committee on Privileges und Elections to inquire as to the appointment of Mr. Cronin as @ Presi- dential elector by Goveruor Grover, of Oregon. ‘Mr. Key, (dem.) of Tenn,, read ulengthy argument, in which he reviewed the Oregon case and said id not question the motives of the Governor of Oregon, Had be (Me. Key) been 1D his placs, he would ha hold that there was a vacancy on account of the ineligibility of Watts, and woud then have tilled that vacauey so og to curry out the wishes of a majority of the people. He then referred to the condition of af. fairs in South Carolina, Florida and Louisiana, and argued that the will of tue majority in these States bad been reversed by the action of the returning boards. He referred to the argument of the Senator from Ohio (Mr, Thurman) to tue effect that the decision of the Louisiana Returning Board was supreme, and must be respected by the Souate the same as ¢ de- cision ot the Supreme Court of the United States, and said if the decision of that Board was supreme in Lot isiana the decision of Governor Grover must be au- reme in Oregon. t yi Mr, MitcueLL announced that Mr. Logan desired to submit some remarks upon this resolution, bat ho wag absent {rom the Senate to-day on account of severe 1m disposition, ‘The resolution was then informally taid aside, THE RULES. On motion of Mr. Ferry the Senate took up the re- port of the Committee ov Rules. In answer to a ques- tion of Mr. Conkling, Mr. Ferry said the committee was unanimous iu submitting the report. Toey had given the suvject much attention, aud it was desirabl to have the new rules agreod to before the holiday that they might be printed in manual. Alter some debute the report was recommitted to the committee with imstructions to have i printed and insrt the changes proposed in italics. THE LATS SPRAKER KERR. A message Was received from the House of Repre- sentatives announcing the proceedings of that body in respect to the memory of the late Speaker Kerr, Mr. Monroy, (rep.) of Ind., said that his colleague (Mr, McDonald), a warm personal friend of Mr. Kerr's, Was now absent (rom the city with one of the investi- guting committees of the Senate, It would be agree. avle to him and other friends of the deceased if toe message Were laid on the table until the return of Mr, McDonald, So ordered. Acount of the Senate developed the fact that no quorum wus prosent, and the Senate, at halt-past three o’clock, adjourned. HOUSE OF REPRESENTATIVES. Wasuixaton, Dec. 18, 1876 Mr. Kyort, (dem.) of Ky., chairman ot the Judiciary Committee, introduced a bill prescribing the method of counting the electoral votes for President and Vice President. Relerred to the select committee on tht subject, The first section provides that on the second Wednes. day in February, 1877, and at the same time on every fourth year thereafter, the members of the Senate and House of Representatives shall convene in joint assem- bly in the hall of the House for the sole purpose of counting the votes given by the electors for Pres: 6 and Vice President and of ascertuining and declaring the result. e tenth section provides that all qacstions con- sidorea by the joint assembly of the two bouses shall a voce Vote of each inember prese! aud that the decision and determination of the qui tion by the majority of we members g| be its cision and determination by the jomt assembly, that if there shail be a dillerence of opinion anu ruling on any question between the President of the Senate and the Speaker of the House the question shall be submitted to the jomt assembly, aud shall be in like inauner decided by a majority of Votes. All questions shall, with the assent of the Speaker of the House, be put to the joint fone | by the President of the nate, aud ihe result declared by him, ‘The fourteenth section provides that when the count of the votes is concluded the Secretary of the Senate and the Clerk ot use shall each read to the Senate and House own record of the votes as counted, and, if tt be found correct, shall euch give to the President of the Senate and tue Spesker of the House statements of the aggregate of the votes, where- upon the President of the Seuate shall announce the resuit and declare elected the persons having a ma- jority of the votes of all the electors counted by the joimt assembly, and if there be no election he sball #2 deciare, and tuereupon the joint assomuly shall ve dis- solved und the Sevute shall return to 1s chamber, ‘The fifweenth and last section provides that the pro- ceedings bad 1m joint assembly shail be entered in full upon the recurds of the Senate and of the House of Representatives. Mr. Frys, (rep.) of Me,, offered a resolution for the appoiptiment of u committee of six to 11.quire Into the younuer to Which the election was con \ucied for mem- bers ot Congress Inst November, 1) Sixth district of Missiasipp: and the Fourth distric: vo. Alabama, aod whether 11 such districty the candidates or voters, The House retused to second the previous question, and the resojution went ov Mr, FRANKLYN, (dem.) of Mo, offered a resolution instructing the Committee on’ Expenditures in the ‘Treasury Departinent (o iquire into the action*of the Secretary of the Treasury, in regard to the engravi of the internal revenue stamps being taken from inte, Engraving Bureau of the Treasury. Adopted. * Mr. GARFIELD, (rep.) of Ohio, presented a telegram Feceived by him from Mr, Huribut, of [tnois, a mem- ber of the Louisiana Select Committee, stating that the despatch from the chairman (Mr, Morrison) to the Speaker was without the knowledge and consent of the (CONTENUED ON NINTH PAGE) was intiondation of | | |