The New York Herald Newspaper, December 22, 1876, Page 8

OURTS. THE. Exploring Professor Silliman’s Emma Mine Report. CAUSE WANTED, OF ACTION. Taking the Measure of a Forth- | coming Forgery Suit. IN THE MILK CAN. ——+—-—— SCIENCE The suit of the Emma Silver Mining Company against Irenor W. Park ond others was resumed yese ' terday im the United States Circuit Court before Judge Wallace. The reading of the examination of Mr. George Anderson, the first chairman of the company, was continued by Mr Foulkes. Witness testided that there was no evidence that the ore mentioned in the account of sales had ever been taken out of the mine, but he knew of no evidence against it. The directors introdoced the names of the American Minister, | and Jay Cooke, McCulloch & Co, in order to make the pnblie believe they were dealing with respectable men. Witness knew nothing of any relations between Geperal Schenck and Jay Cooke, McCulloch and Park; they had no evidence that the mine had ever been worked before; the estimates in the prospectus were based priucipally upon Professor Silliman’s report; Park often spoke of Silliman’s high character; the evidence that there was a large quantity of ore on hand was algo based upon Sitliman’s report; Patk guaranteed he would make good any deficiency im this respect; Pork and Stewart said they bad *‘con- sented’? to become dircetors in order to give tho bene. fit of their experience to the company, but they neve, | said they had been asked to become directors, Witness thought that “‘agree’’ would havo been a better word, Gene! Schenck, on account of the unexceptional character of the enterprise, had consented to becone a director. Mr. Boach—Those questions as to the prospectus are all to be considered under our objection, Witness, continuing, said that be did not know that Kemp, Ford & Co. were to be paid anything except for their work on auditing; they were paid, and a fright- ful charge they made; the directors refused to pay them fora long time, Witness did vot know they were to receive £1,000 in free shares; they charged | £850 for auditing the books, but it was compromised told us that Stewart was ona of the | atterward; I parties to thecompromise by which the company got the mine; neither Stewart nor Park ever said that it was | & worked out mine, nor that the Emma mine party of New York had thei working to keep op gs reputa- tien; Mr, Pack Seemed to inspire the m@@ings with confivence whenever he addressed them; witpess ed him; he admitted that he was jointly inter- vested ina speculation with Mr, Park; ue knew pothing about miniig personally; so faras he interiered with ca it Was only as It Concerned munuging the utile aflairs of the company; he did more than however; he went through the mine; he thought be Guderstood What be saw, but he was very much mistaken, Cross-examined—He never asked Park if there was more than one Professor Silliman; Park said he had never seen him; witness dia not know that Silll- man’s lather had been dead moro than twenty years; wiiness had only a general idea of the name trom reading Siliman’s Magazine; he did not know which of the twosillimans had the highest reputation; be bad not heard shortly atter the organization of the mine that Jay Cooke, McCulloch & Co, claimed £25,000 18a commission; he had beard of some claim of £10,000, but did vot kKaow what it was for; he dit not bnow that Park refused to pay them and that Grant Sid pay them; be thought that the corrections in the trait of the original prospectus were in Park’s hand- Writing; as to the quantity of ore on band Park did hot proiess to have any knowledge except trom Silli- man’s report; did not remember that Park was sur- prised at the Statement that there was more ore on band than ke thought; trustees were appomted to lake care that no money was 10 be paid until the title to the mine Was examinca; tbe purchase inoney was retained until it was certain from Mir. Evarts’ cxami- Dation that the title was good, ‘Tbe Court—I did not know tbat the title was in question. Mr. Stoughton—the Il:nois Company contested It, and Mr. Anderson was sent out to see aboutit. ‘The matter was compromised by paying the Illinois Com- pany $100,000, and this was dove by Park and Stewart, his $100,000 was only to bea month’s dayidend, but unfortunately venus were never psid. tent (he title was an important fact, Mr. Pheips—There 1s in this complaint no suggestion of any failure io the title, and no sort of pretence that there ever was any defect in the ttle; butit was thought wise to buy the tannel of the Liiinois Com- pany, altuough that company was deleated, a perpet- val jnjunction and $5,000 damages being obtained against ther. Park concurred in te wisdom of this. Tt was thought best to buy 1 all outside claims to pre- vent continual blackmailing suits, . Stoughton—It was a compromise, and that com- settle others. The depo { Mr. Brydges Willyams were then read, Witness testified that he was a partuer inthe firm of Syins, Willyams & Cv. On cross-examination he said he hud no practical knowledge of mining or of smelting; be was sent out in January, 1872, to in- quire into the affairs of the company Utab; the Board oitered him £1,000, but he required £5,000 lor Lis services; Park paid bim the latter snm and also gave Lim a cali on 2,000 shares wt £21 per share, wit- ness to have Whatever the shares made above that sum; be subsequently made a favorable report of the imine «nd telegraphed to Park to take some of the shares; he had no knowledge of the various payments made to all the parties Who had their names to appear in the prospectus. Tho examination of Alexander Bischof! was then read. He testitied that Park made the statutory decia- ration before him December 1, 1871. The testimony ot James Coates was next read. Witness testitied that he was a broker of the firm of Coats & Hankey; he was acquainted with Fisher, who was osteosivly counse! for the Americ:n Minister; be had heard of the Emma imine by report; im conversation with Mr. Park, the jatter explained What the Emma mine was | anu read some of tho reports; witness said that they cout do nothing on these, but they must baye somo independent reports of the mine; Witness asked who was the Murchison of America, and Fisher replied, “Ob, Professor Silliman ;”’ it was thought that they could not get him to give up at his class at college; and Fisher said be would telegraph to General Baxicr and sco what they could do; Park said he wanted £1,000,000 sterling fur the ming, but he woukt sell | ‘To this ex- only one-ball; nothing would imduce him to setl the j that be them unconditionally, avd left the money Tort, excepting for 500 payments, to be in pad up | which was appropriated, but there was ob adjustment stock; le would give £100,000 to any one who would | of the costs iu accordance with the rules of tho coart, | run the risk of pincing one-half of 1; Fisher said he wanted a large sum of money irom the witness for the introduction of the mine; it was finally brought cown toone per cent, At this stage the Court adjourned Ul this morning. AFFIDAVITS AND COMPLAINS. In a suit brought by John Triton and others against the United States Life Insurance Company and others, an important decision has been rendered by Judge Van Brant, of the Court of Common Pleas. The | allowauce tor bis special legal services, and having | would be received only on condition that this pro: > —r—-———- NEW YORK nas, WRIDAY, DECEMBER 22, 1876.—WITH SUPPLEMENT. | dence by which the plaintiff proposes to establish the | fuets in his complaint, and which, if established, e- | titles hin to the injuuction? It seems to me, there- fore, (hat an affirmation in an affidavit, upon informa. | | on’ and behef, without giving the evidence upon | | which that boltef is founded, 18 entirely nugatory and | presents to the Court nothing upon whieh it can wot. | ats aware thatitis a common form of drawing an | affidavit: but L think upon a moment's reflection it | wil seen that there is the distinction | | which have suggested between an aflida- | | vit and complaint, and which must be preserved. 1 think, therefore, that ail the atfirma- | ions in the affidavits upon which the order for the examination of the defendants were founded, being upon information and behef, and the aflidayits not stating any of the evidence upon which such belie’ 1s | founded, there is no evidence that any cuuse of ation | Whatever exists in favor of the plalntuf agains: th» | | gefendants sought to be examined, und the order fr | such examination should be vacated, with $10 cos.s of | metion, Mr. W. J. Butler appeared tor plaintiff and Mr. A, J. Vanderpoei ‘or the desendante, CURIOUS FORGERY SUIT. In the Supreme Court, Circuit, Judge Larremore presiding, there stands ready for trial the action brought by the Merchants’ Exchange National Bank, | of this city, against William F. Veltman, William Leathe and Edward D. Smythe, to recover the sum of 20,517 11, being the amount alleged to have been paid upon forged checks to the defendants The complaint avers that on June 7, 1876, (he defendants obtained $1,99642 upon a forged check of Bryce & | | Smith, and on the same day upou other forged checks | of Bryce & Smith procured a certification of the plain- tiffs, in consequence of which they were obliged to and did pay the further sum of $15,520 The | affidavit of the casuier of the bank, Allen S. Apgar, upon which the defendants were held to bail in ihe | sum of $21,000 each, ropresents Veltman as being in the empioy of Bryce & Smith and as having de- | posited with the bauk several checks purporting to | ve those of various people drawn to tho order of Hryce & smith—and by thew indorsed—and procured tho | amounts of the same to bo pussed to the credit of Bry Smith, and so entered upon their puss book, which Veltman had atthe time; that at a later hour on the same day Veltman presented checks purport- ing to be drawn by Bryce & Smith, which wore certi- tied by the bank upon tho reliance that the checks | first deposited were good and genuine; thut tl all of them, with their indorsements, forgeries; | Williaw Leathe assisted Veltman in the forgeries; but ulter their discovery there was found in atronk in the bedroom of Leathe in his house a memoranaum of the forged checks, a8 ulso the genuine signature of | Bryce & Smith, given by Veltman to Leathe to help hiva to commit the forgeries, aud that Kuward D, | Smythe was a conspirator, and received some of tho money as bas been charged by Leathe. All throe of the defendauts were arrested and hela to bail to inuictment, be I as weil as | to "answer in this action, ‘Veltman, after | giving bail, absconded, und = was _recestly | drresied in Hamilton, Canada, irom which place he | consented yowuutarily to return, It is claimed in be- | answer a criminal halt of Mr, Smythe by bts counsel, Morris & Pearsall, of Brooklyn, with whom 18 associated Mr, Benjamin | F. Russell, of this city, that be is entirely innocent of all connection with the forgeries, und that the trial will establish his good character and reputation and | show that at the time of bis arrest he had only been a suore time here, with bia family, upon a visit for the summer {rom bis home in Savannal, Ga, where for | many years he bas been established in business as a | whoiesale dealer in crockery, aud where ho has been very widely aud javorabiy known. ‘The motive for | Leatbe’s false accusation agaiost Mr. Smythe is sup- posed tobe au expectation that be might be allowed 1o give evidence against Veltman and Smythe, aud thus escape punishment bimselt. Messrs, Lockwood & Post appear jor piamttf; A. H. Purdy tor defendant Leathe; W. F, Howe for Veitman; Morris & Pearsall and Benjamin F. Russell, for Smythe. It is expecied the case will reach a trial to-day. ADULTERATED MILK QUESTION. At the sitting of the Court of General Sessions, Part 1, yesterday, Judge Sutherland on the bench, the trial of Daniel Schrumpt for selling adulterated milk on the 25th of August, in violation of an ordinance of the Board of Health, was resumed, The testimony elicited throughout was similar to that given by previous wituesses. Professor Henry Morton, of the Stevens Institute, and Professor Silliman, | of Yale College, stated that they had made | the question of milk a study and had imade | various analyses of i, They cousidered that while the best method of determining the component parts of milk was by analysis the most accurate test to obtain the presenco of excessive water in milk was by the lac- tometor, in conjunction with the thermometer and the evidence of the senses. They were also ot opinion that the standard of specific gravity adopted by the Board of Health was the ieast to which good milk could de- scend, and that the temperature at which the tests should be made Was correct. Both witnesses were famu- jar with works on the subject of muk and from their Teading they were of opinion that the lactometer was the most accarate instrument to determine the pres- ence of water in milk, De, Wahler, Dr. Endemano and Dr. Mott testitied that they bad made personal tests aud analyses of milk and were of opinion that the lactomoter in ase by the Board of Health was an accurate instrument in ascertaining aduiterations in milk, Messrs, Jephson and Garner, who were cm- ployed ag inspectors by the Board, testified that they had examined the milk of over 100 beaithy cows wit the lactometer in question and never found milk that went below 102 degrees. Ail these witnesses were ‘cross-examined by the defendant’s counsel, and the in- | Lerrogatory was Ireqnently put whether with the aid | of the lactometer they could tell that any white fluid | was milk or not, They generally replied in the nega- tive and counsel renewed his offer to introduce his bottie of fluid, but declining to state what {ts nature | was the Court would not allow it to be examined. The bearing of the case will be resumed this morning. MOULTON-BEECHER SCANDAL TRIAL Alter Mr, Francis D, Moulton discontinued his suit | against Henry Ward Beecher tor $50,000 damages ‘or | alleged malicious prosecution, finding that in order to iry the case he would be compelied, pursuant to Judge Westbrook’s decision, to have the case tried in Dela- ware county, Str, Thomas G. Shearman, counsel tor Mr. Beecher, thought ho was entitied to somo extra estimated such services at $2,500 he made an applica- tion to Judge Braay, inSupreme Court, Chambers, to be allowed this sum. Judge Brady yesterday gave his opinion im the matter, in which he decides that Mr. Shearman estimates his scrviees at just ten times | their value, as viewed from a@ judicial standpoint. The following is Judge Brady’s opinion, which 1s | prebably avout the closing chapter in this serial scandal story :— The motion for an extra allowance in this action was pending whon the bill of costs was served, and the ae- fendant’s attorney insisted that the custs, if to be ing should not ve prejudiced. It is true that the rep- resentation of the deiendant’s attorney then stated | and there was no meeting or unison of minds which | made the payments so absolute as to subject the | | defendant to the fifty-sixth rule of this court, | requiriog the motion tor an allowance to be mado before the tnal adjustment of costs, The next and remaiving question 1s, therefore, what | amount of allowance shouid be given. I entertain no | doubt that this is a proper case lor an allowance ander section 309 of the Code, of that the circumstances at- lending the prosecution are suilicient to justily, nay to require, some indemnity. The defendant had not | ; apswered when the cause Was discontinued it is true, i but he had appeared and delended. He had interposed Judge holds that the examibation of parties who are made defendants in expectation or hope that upon their examination some cause of action may thereby be discovered against them or against any co- defendant, will not bo allowed where no Cause of action 1s shown affidavits to exist at all, affidavits on mere information and behet bemg wholly insuifierent for such purpose. The case ore Judge Van Brunt on a motion to vacate requiring the deiendante, Buell, z and Jonn &. De W: James t. to be exam- y ined on the part of the plaintiffs, for the purpose of | enabling the plaintils to make and serve their com plant im this action, the defendants basing tb Hiow upon the ground that the aMidavis of the plain- Walch the orwer Jor ©: How 18 founded bo evidence of the existence Of wny cause of Action against them 1 favor o4 the plaintith they bave been made parties ony 1m the expectation or ope that upen tueir examination some cause of action may be discovered agaiust ther co-defendant, the United States Life Insurance Company, The tollowing Ws the substance of Judge Van Brunt’s opinion showing the relation between aitidavits and a compiaint rhe allegation ot « upon imermation and betief in a complaint, without stating wuy of the evidence upon Which that belet is founded, is a pertectly good Anecation, becau-e It is the duty of the pleader to state the iacts dpou whveb he beheves bis cause of action 1s founded and not any part of the evidence tending to establish tuose facts, — The office of an affidavit ts very aifierent, Ana Jt must vot only state tcte, but | also (ue evidence tending to establish those facts. Tt is the weight of the evidence dosed man aifidavit | that gives it its miuence, The Court niuet be s H fea ‘row the evidence which the afidavit contains that | the facts exist entitling the party tothe remedy sought. | Tt is in most cases, there being a exceptions, a | myatter entirely immaterial what the aMant belteves | from the informavion watch he has received. The | question necessarily is, 1s the Court satistied that the | information conveyed, considering tts character and ! the source from which 1 comes, justifies the afiant in the belie to wie bas sworn? That this 1 the | true function of anaffidavit is distinctly recoguized by | the Code, because it requires 11 every instance a party | wiyiny for u provisional remedy tu show that yw entitled toby evidence furnished by affidavits, and that, too, in one mstance where the complaints inust ve betore the Court atthe same time, An ins | Junction cannot be granted unless i sbail appear by | Whe complaint thas the plaintif is eptitied to such re. | het, but that sufficiont grounds therolor exist | must be shown by athuavits to tne Court Judge. And bow is it possibie tor court or Judge to be_——saitie fied that sufficient grounds therefor exist except by a disclosure by the affidavits of the ev: ir mo. | and that | } journalist born in Beltost, bas brought suit against | Supreme Court, | up by one pe | spring, aud at bas request adetence by demurrer, and this was, 1 tnink. sufli- cient under section 30% Ihe piaintifl succeeded upon | | the demurrer, both wt Special und General terms, how- | ever, and the only labor periormed in the cause there fore on she part of the deiendant of which this Court | | can take notice is that involved im the arguments i al and = General terms, This lavor was Unnecessary and subjected the delay and expease, The resuitis that 1 | | Gefendant bas appeared in the setion and done nothi | more, except io obiain extensions 1 the time to an- swer. The action Was one of great importance to the | parties, it is irne, aud if it bad continued woald doubt- Jess have invorved many serious complications, but | these would ha rimnidabie only at the trial or | | im tts preparation, The cause had not reached that | | stage as already suggested when it was discontinued. | There was, indeed, uo issue, Under the circum- stances 1 think a moderate ive only should be grante This should be given Yecauee the plaintif’ by com mencing this action rendered the employment of counsel necessary think $250 should be allowed, DOMESTIC DIFFERENCES. Jobn Patrick, who describes himself es an Irish Catherine F. Patrick, his wite, whom he married in | $15,000 bonus, | ing of the mandamus. great cruelty, allezing, among other acts of abuso, that he threw ber down stairs [le denies her charges, and accuses her with inhuman treatment of his two children by a former wile, Mr, Charles H. Lexon, the counsel of the German Legal Ald Soctety, appei the plaintiff, and Mr. M. M. Vail for the defendant. SUMMARY OF LAW CASES. In the suit of David Kaufman against Mary E. Osverne and others for malicious prosecution, tried betore Judge Donohue, the facts of which have been published, a verdict was given for the defendant. Before Judge Sanford there was a further argument yesterday in the injunction proceedings imstimited by the Centra! Crosstown Ratlroad against the Bleecker street, Twenty-third street and Christopher and Tenth vtrect railroad companies, The argument will be re- sumed this morning. Judge Sanford yesterday denied the motion to frame issues for a new trial in the suit of Charles G. Sinith against Mary A. Cantre!l, This is the suit made famous by the observation of Jadge Freedmaa that it took thirteen men in his conrt to give a verdict in a case. A verdict was yesterday given for the defendants in the suit belore Judge Lawrence brought by Jacob Do- graaf agaivst Solomon Simms aud Robert Levins, The suit was for §5,000 damages for alleged slander and malicious arrest and imprisonment, ‘A judgment was yesterday directed by Juége San- fora to be given in favor of the Baltimore and Obio Rairoad Company in the suit against John H. Imlay and Henry W. Bertram. The latter, ag agent of the com- pany, i charged with embezziing $1,204 25, aud the suit was on w bond for $2,000 signed by himseli ana Imlay. "alouso Carr brought suit against the cny for $S1717 on certificates of the Board of Trustees of Morr:sania, ‘The case was tried yesterday beiore Judge Sedu wick, of tue Superior Court, A certificate for $600 was with- drawn by consent Of counsel and @ verdict given for $312 1s, the amount of the other certificates. A suit, brought by Emile Von Schoening against ex-Shoriff Brennan, was tried yesterday, before Judge Yan Brunt, in the Court of Common Pleas. The suit was to recover for the seizure ol a norse, carriage, harness and sleigh claimed by the plainwif uadera | chattel mortgage given by Dr. Huger, Some interost- ing legal questions were raised aud discussed, which ended in the final dismissal of the complaint, Mr. A. H. Reavey appeared for the plaintif'und Mr, Bookstaver jor the ex-Sbherifl. Charies Berth, who was committed to the Tombs on the 15th inst, for shooting his wite, Catherine, has ap- plied through nis counsel, Willam F, Howe, for writs of habeas corpus and certiorari, He seeks the inter- position of the Supreme Court to release him trom im- prisonment on the ground that he is guiltless. Judge | Davin, at Supreme Court, Chambers, grantea Mr. Howo's application and made the writs returnable tiis morning, An eflort was made yesterday to bring to trial betore Jucge Van Hoesen, bolding special Term of the Court of Common Pleas, the suit of Patten va, The New York Elevated Railroad Company, Judge Van Hoesen said he did not propose to bold court during tho holidays, und as he already had two cases belore him which would occupy all the intervening time he could not proceed with the trial of this case, It was accordiagly placed on the Jenuary calendar, and will probably be one of the earliest called to trial. A decision was given yesterday by Judge Van Vorst in the suit brought by John Knowlson and otbers against Silas Betts and others. The suit was for she partition and sale of the steam propeller W. F. Ben- son, a one-tifth interest in which had been mortgaged by Willlam W. Betta to Silas Betts. Judge Van Vorst held that there was no precedent for such sale, the | majority of the owners opposing; tbat the sale would be against the rights and interests of the other own- ers and against the known policy of the law with re- spect to such property and its use, al Daniel E, Sickles, who nad been called asa in the suit of Goodman vs. The Mayor, await- ing trial Yetore Judge Lawrence, but wiich was not reached on the calendar, made his appearance tn court yesterday responsive to the summons. He chatted with the various judges, sat for u time on the bench with Judge Donobue, und wound up his brief visit with participating ip the judicial Junch at recess, He Jooks in excellent health, ard said that ove of these days he might poasibly ve back agaia and revew his practice at the New York Bar. Lewis Stein brought suit to recover $5,000 from Thomas Raven, damaxes to a building rented from the defendant for ayear and of which be was promised undisturbed possession, He alleges that in the course of a few months the defendant broke violently into his store, tore off tho rool and caused the inundation of his goods, compelling him to vacate the premises; after which defendant began to build a now bouse, The cage came to trial yesterday betore Judge Law- rence, The defence is that the plumutiff agreed to leave in case the defendant decided to build, that the lat retusrd todo so without compensation, and that his goods were not damaged by any rain. When the old New York Hospital was torn down | some three years ago Mr. Wilham G. Slade sold toa Mr. Spratt all the brown stono sills, lintels and win- dow blinds, An agent of Spratt sod the imside blinds to Wilham G, Tripler tor $150. As Tripler was taking them away Spratt appeared upon the ede or ated the sale by his agent,claiming that the: worth $400, and had been sold’ without bis auth@eRy. Mr. Tripler said that he had made one bargain and did not propose to make another, and took away the blinds, Suit was brought by Spratt against Tripler to recover the $400, ana the case was tried yesterday before Judge Van Brunt, who ordered a sealed verdict on this moraing. Tho jourth trial of the old suit brought by Joseph Agate against Lowenvein & Morrison, tried belore Judge Robinson in the Court of Common Pleas, was yesterday fluished, and resultad tn a verdict of $50 for the plaiutif, Mr, Mendes leased of the plaintif Nos. | G45 and 647 Broauway for ten years trom May 1, 1868, and sold the lease in 1869 to the delendant for The latter tore out the partitions, which it was claimed tbey had a right to do under a clause in tho lease allowing apy alterations which would not injure the premises, Mr. Agate thought tho premises had been injured, and sued for 37.000 dam- ages, with the final resuit given above. Mr. Bain- briage Smith appeared for the plaiowif! and Mr. Luther R. Marsh for the defendants, | About twenty-two years agoa party wall was built dividing Nos. 1é2and 154 East Twent cond street, The adjoining tenunts tor some yeers tae Horton lca Cream Company and Josephine Dumont. [nthe apring of this year the ice company, desiring to change their building into French flats, made au opening into tbe flues of tne chimney, and Josephine Dumont, after noufying them that their use of the dues would obstract all ventitation and cause much inconven- | tence, took down tho chimneys, and then rebuilt them solid to cut off connection between the flues and tho company’s premises, The company got a tem- porary injunction against their neighbor's interfering with their right to the use of the flues; a motion to make it permanent was argued betore Judge Brady recently, and yesterd: e decided to deny the motion. Judge Brady yesterday rendered « decision denying the application of Dr. Rufus Wagner Flint, the teapot medium, who soeks his discharge from Ludlow Street Jail, where he is now confined for contempt of court, Judge Brady holds that the points raised by his coun- selon the application having been already pi upon by Judge Latremore must be considered as his adjudication, DECISIONS. SUPREME COURT—CHAMBERS, | By Judge Brady. The People ex rel. Fit va Connor; Slocovich vs, | meanor. loulton vs. Heecher ; Contostavaias vs, Bevens; gory vs. Kopper; Heinman vs. Stewart; Hart ase; Horton, &¢., Vs. Dumont.—See opinions. Brash, &., VS Schuster, et al.—Granted, Matter of Dickic.—Wili see counsel. Burchell vs. Riliner, et. al.—Order to be settled on notice. Simon ys, Simon; Cochran vs. Hamilton.—Orders granted. By Judge Davis, Nowman vs. Dickson; North River Iasurance vs. Fitzgeraid; raf vs. Security Insurance Williams vs. Pelteaght.—Orders granted. li vs O'Neill and otners,—Mosion denied with $10 costs, Perforated Block Pavement Company vs. Stecrs,— Motion granted on terms as speeitied in memorandum, Klauber vs, —Motion denied with $10 costs, to abide event of action. | Kiauver vs, Glaser,—Motion granted, pleading to bo forthwith amenied and answer of Monroe to be served within tive days, and he to take short notice of trial for Jannary term; present issues and potice of trial to stand unatiected. Dazian ve. Mansbach.—Motion denied, costs and Without prejudice to its renewal 11 the cause | be not noticed and put upon the calendar within | thirty days. Brandt vs. Oochsler,—There was nothing difficult or oxtraordivary im this case (unless it be tue difficulty plant had in Aneing out that the church was incor- porated), fhe motion is demed, out without costs, thausen ve, Leask.—If the marshal revurned the summons, defendant not found, at any time atter the lapse of the tune within whieb it could be lawfully served, the plaintifl, on demand, was entitled to an alas Summons without waiting till the retara day named in the summons. The demurrer is, therefore, witnent | | weil taken, and the relator is entiled to peremptory | mandamus It is, however, too late to be of any practical value to him so far as relates to the issu- Kelator is’ entitled to costs, Kiernan vs, Merselan.—Moticn to continue my’ a this country, and from whom he seeks a dissolution of the marital consract op the ground of alleged Various | acts of positive indiscretion, Mr. Cator, her counsel, | made a motion yeserday veforg Chief Justice Davis, at | hambers, for an allowance of $250 counsel tec and alimony, pendente lite. Alter he bad made a stirring and pathetic appent for his client, be was followed by ex-Judge Curtis, who, in opposition to the motiou, read a portion of ihe affidavit of Mr, Potriek, in whieh the Jatter sets forth that pis | Means at the time of signing the affidavit are “summed | By of the copper coin of the Republic.” Sume ecrimipating allidavits were also submitted by Juuge Curtis, including one of one Ranney, who says that he met the deiendant at the Hippodrome iast aired wit ber io % hotel! in the Bowery, where she forgot ber duties and obligations a8 a Wile. The complaint charges aditi- tery with several persons who are waned, Ste puts ina strong deni! vi ail the allegations, and charges him with drunkenness, crueity and general profigacs. Judge Davis took the papers, reserving Uie decision, Botore Mr. J. indon, relorer, testimony was taken yesterday uit for divorce brought by Mary Abrabams agaimet her husband, Jacob Abrahams, They have been married only a your and a half. She charges Bim with having darivg this time treated her with tion order granted on condition that plaintif, within | two days after entry of the order hercon on deiendant’s attorney, consent to refer this action and the issues therem tu William Watson, sole referee, to hear, try and determine tne same, and that the trialthereot may Pp «t before said réteree on three days’ notice and from dsy to day Oil completed; but, on failure to serve euch consent, tnotion deuied, with $10 costs. It such consent to be served the tajunction to continue tll the trial and decision of the case and $10 costs of this mo- tion, to abtde the event, to be taxed to the successful part y ‘Adjustable Folding Chair Company vs, Marks —The moton must be denied, The alleged written agreement was never consumimated. The letters of defendant and tie ober documents show (hat they were against sells ing for plaintiff and bound to remu proceeds. ‘Tne aifi- davits on piainuitl’s part preponderate on the contested questions of fact. The motion is denied, with $10 costa, Dut may be renewed on urther papers i! defendant shall ve so advised, Oakley vs. Merriavo,—I think the hability of defend- Ant should be first established by trial at Special Term, and then if the Court concludes that an accounting 1s necessary it will, i its discretion, refer the case for that purpose. Motion denied, without costs, SUPERION COURT—SPECIAL TERM. By Juage Van Vorst. Knowlson vs, lets aud others.—Judgment for plain, Opinion, ; Same; Seilick vs. Same; Coggery vs. Mears —The plaintifs papers have not been handed up; should be at once. Ward ys. Krumm.—l will bear the parties at eleven A. ML, Saturday, December 23, at Special Term room, in regard to findinge iv this case. By Judge Sunford, Smith vs, Macdonatd.—Motion granted, with $10 costs to defendant. ‘The Natiwnai State Bank of New York vs. Boylan et al.; Gebhardt, &c., vs. Limbert et al.—orders granted and undertaking approved. Randali vs. Bremer.—Receiver’s bond approved, Sansord vs, Sanford. —Comuission ordered: ‘Titos et al vs. Burr et ai—laxation of costs affirmed. Chatterton ve, Mulford.—Order for commission, The Baltimore and Ohio Railroad Company vs. Im- lay et al,—Judgment for plant Smith vs, Cantrell.—Motion for issues denied, with 5 anted, but withcut costs and with leave to delencant to reopen and renew his motion to discharge lien by giviag bund under act of May 17, 1875, Beusel vs. Gray.—Motion granted, but without prejudice to the service of further proposed amend- ments within ten days. Jessup etal. vs, Carnegic,—Let counsel attend on settioment ot case Decembe t balt-past ten A. M. Skidmore, &., vs, Totans.—Order tor judgment. Conover et al. vs. Conover et al.—James W. Fisher appointed guardian ad litem of infant defendants Mat- He C. and Gustavus ©, Walton. The #tna Life lusurance Company; Ha: brook vs. Garde; Archer va, Garde; Same vs. Same; Algie vs, Wood; Barnett vs, Tae National Sieamship Company; Kathe Leliman et ai.—Orders granted, MARINE COULT— CHAMBERS. By Judge Sinnott Landesman vs. Hoffman.—otion granted, with $10 costs, : Somborn vs, Mertling.—Motion to open default granted on payment of $10 costs to plaintill, cause to be restored to general calendar, Cincinnati Eaquirer Company va, Stepbens.—Order settled. McTeague vs. Brett; Wheeler ve. Drennan; Brandt vs. Barn DeGraat vs, Hapgood.—Motions granted. Cohn ys, Neuberger.—Motion granted, with costs. Kram vs. Smith.—Motion tor judgment on auswer granted. Jacobs vs, Boylan.—Motion granied, with costs, Hoguet vs Keeler,—Motion to vacate attachment granted. Davis vs, Pouten; Raymon: Haren; Robertson ve, Rik va Sherman; Patterson i vs, Breese; Hulker vs, Hazara vs. Sweet; Hilton Cooper; Bamderger vs. May vs. Buriey; Otto vs, Seeger; Powell vs. Urummond; Attwater vs, Thorn; Bigelow vs, sullivan; Place vs. Hart; Agnew vs Clancey; Uffelman vs. Stillman, Elder vs, Sch warzs- ebild; De La Vergne vs. O'Rourke, —Urders granted, Freund vs, Sour.—Commission granted. Hilton vs, Sherman.—Order of publication granted, McAuley vs. Levy.—Order granted. Loughlin vs, Berthond; Elis vs. Schenck.—Motions granted. | va Horn; Smith vs. Leeds; Westcott vs. Smith; Schwarz va. Kamster; Doil vs. Lawreuce; Bar- Tue National Steainslip Company; Bach vs, Bauer; Lazarug vs Cohen; Timm vs. Barnett; Brown Brothers ys. Torrey; Heddesheim vs. Hirshspeil; Schaefer vs. Gol; Klee vs Bender; Morton va. Pende- grast; Chyli vs. Tidd; Insurance Company of North America vs. Russell Erwin Manufacturing Company. — Orders cranted. Abbott vs. The People, &c.—Receiver’s bond ap- proved, GENERAL SESSIONS—PART 2 Before Judge Gilders! ALLEGED FALSE PRETENCES, William Acheson, a wool merchant, of Coboes, was jointly indicted with A. B, Morgan, formerly of ‘Troy, for having, on the 21st of October last, obtained to be tried separately, the trial of Acheson was first proceeded with. The indictment set forth that on the day in question tho accused entered the store of Aden Bienenstok & Lowenthen, at No. 103 Duane street, and agreed to give juiut notes with Morgan for 15,000 pounds of wool, amounting in value to $6,441. From the evidence of members of the frm tt appeared that $300 worth of wool had been previously sold to the prisoner, for which he had paid at the time agreed upon; that on the occasion in question be represented, in response to their inquiries, that ho was the owner of the Coboos Music Hall aud a private house, besides bemg worth $30,000; that on these representations the goods were sold on the Joint notes of Acheson and Morgan at ninety days, but that no money was ever received on them, the accused, as charged, having become insolvent. The defence in cross-examination endeavored to show that the inability to meet the notes arose from a general depression in the woo! bust- ness, and that the accused made every effort to satisty his creditors. Assisiant Uistrict Attorney Herring, with whom are Messrs, G 1. Gardiner and B. W, Trattel, appeared for the prosecution, and Mr, J. BR. Fellows and Mr. Moak and District Attorney of Albany county and Mr. J. b, Crawford defended the prisoner. The further hearing of the case will be resumed to-day. QUIMBO APPO SENTENCED, Quimbo Appo, wno was found guilty of manslaughter in the second degreo in paving killed John A. Kelly on the morping of the 21st of October, was called to the bar for sentence. Mr. W. F. Howe, who defended the prisoner, moved for a new trial, which was denied, and Judge Gildersieeve then seutenced Quimbo Appo to seven years’ imprisonment tn the Stato Prison. COURT CALEND. RS—THIS DAY. Surrtey CourtT—Cuamuers—Held by Judge Davis, — Nos. 163, 211, 212, 216, 233, 234, 235, 242, 243, 7, 24, 28, 52, 67, 74. 80, 93, 98, 108, 119,’ 120, us, 132, 136, '137, 149, 156, 161, 167, 171, 174, 177, 178, 18s, 195, 218, 221, 228, 23L. 25S, 239) 240, 44, 245. The assessment cal- endar will ulso be called. Surremz Cocrt—GexxraL Tseu.—Adjourned for the term. Supreme Court—Sprcia, Txru—Held by Judge Barrett. —Nos. 703, 726, 729, 768, 536, 537, 350, 366, 235, 364, 402, 447, 508, 512, 524, 603, 617, 509,’ 581, 585, 469, 588, 622, G1, 642. 2, 647. SupREMK CouRT—CixcuiT— Donohue.—Short causes—Nos, 3765, 3859, 3979, 3619, , 3862, 3417, 3419, 34: 3989, 191544, 2049, 862, 3213. Part 2—Held by Judge Lawrence, —short causes— Nos. 3784, 216%, 2584, 3580, 3512, 3542, 3998, 1758, 3782, §828, S864, 4024, 3958, 5988, 3974, 4018, 4038, 4040, 4050, Part 3—Hela by Judge Larremore.—Case on, No. 1967. Short causes—Nos. 3 3x64, 3389, 3890, 1571, 3395, 3135, 3965, 2855, 3487, 3611, 3105, 4041, 3981, 4003, 4021. SurEenion CoURT—GBENERAL TeRM.—Adjourned for the terin. Suprreion Covrt—Srrciat Tera.—No day calendar, suexriok Court—TxiaL Texa,—Part 1—Adjourned for the term, Part 2—Held by Juuge Freedman.— Short cauges—Nos. 1058, 939, 1003, 471, 1070. Common P’Leas—GeveRaL Tera. —Adjourned for the term. Commox Pixas—Equity Tegm—Heid by Judge Van Hoesen. —No. 8. Coumon PLvas—TriaL TeRM.—Part 1—Adjourned for the term. Part 2—Held by Judge Van Brant.—One hour causes—Nos. 1106, 1201, 856, 1147, Keady—Noa 108, 750, 775, 1098, B78. Part 3—Held by Juage Robinsov.—Case on, No. 4902, No day culendar, Marine Cockt—Triat Team, —Part 1—Hela by Judge Shea.—Case on, No. 4902 No day calendar, Part Adjourned tor the term. Part 3—Hela by Judge oepp.—Peterson vs, Foley and Alarcon ve. Koerner, COURT OF GENERAL Sxssions —Part 1—Hela by Judge | Sutherland.—I'he People vs. Daniel Scurumpt, misa Part 2—Heid by Judge Giidersiceve.—Tho People vs. William C, Archeson and another, false pretences, THE PARISH WILL CASE, PROCEEDINGS NEFORE THE SURROGATE YESTER- DAY—THE WILL ADMITTED TO PROBATE— WITHDRAWAL OF ALL OPPOSITION—MISS SUSIE HAYT PARISH TO RECEIVE, If 18 SAID, NEARLY A QUARTER OF MILLION OF DOL- LaRs, Povanksrrsi®, Dec, 21, 1876, The Partsh will case came to an abrupt and extraor- } dinary termination to-day, When the Court convened, after adjournment, at two P, M. none ot the ladies in tho case were present, Both executors, however, Nathaniel! Hayt, father of Susie Hayt Parish, the adopted daughter, and Poter it, Hayt were in the root. When order was obtained, Mr. John Thompson, counsel for the ignored widow, Mrs. Mary Parish, arose and stated tu the Court that his connection with the 4 ceased and the matter had passed to his associate, Mr. Charles Wheaton, counsel for Mrs, Lenson Holdridge, niece of the late Thomas Parish, Counsel on both sides stated that all opposition to admitting the will to probate had been withdrawn. ihe Coure upon this appheation adimitted the will to probute and the executors have already qualited, Mr. Carpenter and Mr. Thorne deny any knowledge of the means used. In reply to questions they stat that they know nothing, only that the contestants honorably withdrew, Mr, Thorne positively states that no consideration was paid. Judge Nelson also gays the samme thing, andso do Nathaniel Hayt and Peter B. Hayt, the executors. Judge Wheaton is equally reserved about the matter, The peopie, how- ever, seem unwilling to believe that the matter Was so easily adjusted. There is one story,coming from a pretty good source, that Susic Hayt Parish has agreed to pay to Mrs, Parish, the widow 000;. to James Parish, nephew, $2. This would | which inciudes $70,000 w: Parish before his death. COURT OF APPEALS. AtBaxy, Dec, 21, 1876, No. $7. Wood vs. Lafayette.—Argued by John Brotherson tor appellant; J. 8. L. Amoreaux for re- spondent. i No, 100 Newton vs. Porter.—Argued by M. Good- rich for appellant; M, MM. Waters for respondent, No, Morse Parvia—Argued by W. J. Groo ‘1. F. Bust for respondent. Tice,—Argued by Heary R. Selden ppeliant; George C. Greene tor respondent, jon made aud Court adjourned, Ordered that the term of this Court tor 1877 be journed byt judge or judges then in attendance from the first Tuesday to the third Monday ot Junuary, at the Capttol, in the city of Albany, and that the pres- ont calendar be thon taken up and called tm its regular order. ‘The foliowing ts the day calendar for Fri De- couber ay, 1810:-Now 116, 131 anaiaa goods under false pretences. The prisoners electing | | months’ contract were autnorized. GOTHAM GAS. EEE ARES Movement Against the Monopolists-— A New Company. | ENORMOUS PROFITS MADE. The Aldermen and Gas Com- |} mission at Work. j SHALL THE CITY LIGHT THE CITY? -—__—— Although there has been comparative apathy on the question of the city’s gas contracts the quietness since | the ast meeting o! the Gas Commission has been that of still waters running deep. The city officials have not Jost sight of the extortionate demands of the com- panies, They have been awaiting an abatement of the monopolists’ bids, while the proposition of the Boston | company to light the cily by the use of gasoline has been underearnest consideration, and arrangements will probably be made for a trial of the gasoline at an early day. Corporation Counsel Whitney’s opinion gave strength to the Mayor, Comptroller, Commissioner of | Public Works and the Aldermen, and there has been, since Monday last, a determination to resist the com- | bination by any means that may tend not only to a temporary, but toa permanent, solution of the gas- light problem. A NEW COMPANY, With a view of breaking 'he power ot the existing monopolies the application of the Municipal Gaslight | Compary tor permission to lay pipes was brought up before the Aldermen, at their mecting yesterday, and fairly considered, Statements were made to the | Board that sume strange developments would soon bo forthcoming with reference to the companies who were supposed to hold control of the | gaslight privileges, and had shown their estimated strongth in the bids which were rejected and thrown out by the commission, whem new bids lor a three In the case of tne | Municipal Company the restrictions made by the Com. missioners will be strong ones, and the advent of tho pew company will probabiy prove a rolief, not only to the city, but to all consumers who feel the extortion- ate demands and oppressions of the old companies, upon wnom they depend for hght. THE CITY'S OWN Gas, That legislation at Albany must come to the relief of the city, as suggested by the Hrraup, has been a mat- ter of much comment in official. circles, The gas company people scout the idea, believing that their united strength up the river would defeat any attempt to curtail! their privileges, invalidate their chartérs or drive them from the dictatorial pusition they have so stubborniy aesumed. But tue Board of Aldermen haye no fears on this head. it is argued by sowe ol its members that the city sbould have as much wuthority to muke its own gas as it has Lo govern the means of obtaining the sup- | piy of water. A SPIKE DRIVEN HOME. Arguments about the City iail yesterday were long and earne: ‘Lhe fact that thero would be no contract iu force at the beginning of the new year was dvubly important when the intervening days and nights were counted, Giving the Municipal Company the benefit of the doubt to which 3 new enterprise is ited, ihe question o! the city making its owa gas agitated outside the Council Chamber, and some heated discus- sious were to be heard belore the session of the Board. These arguments assumed tangible shape by the resolution offered asking that legisla- tea be had by wuich, under = such proper restrictions as the interests of the taxpayers should demand, the city be empowered to arrange for having its own gasworks und controlling not onty the supply but the means of distributing it, The action of the Aldermen created some consternation among the representatives ol the gas companies, and it is by no means probable that should the companies reduce lneir bids and promise good behavior jor the tuture, such promises would delay the legisiation or doter the city officiais from profiting by the experience of the present position and pressing for the means to avoid its repetiion. ‘THM ALDRRMANIO SBSSION. At the regular meetiug vf the Aldermen yesterday Mr. Purroy presented the foliowing communication from the Municipal Gaslight Company : To Tue NoNOwABLE THX ComMON CouNciL or tmx City or Nxw Youk:— The undersigned, “the Municipal Gaslight Compa: ‘porati ed under the laws of the State of york and having a pisce of business in +! i York, shows to your honorable body thas th situated on Forty-second street and Iso ut Forty-sixeh street and twelfth : ry of suid gas works is 60,000 cubic feet per day, which cau be increased to any required amount As Decessity thoretor may demand, and respectiully ask the permission and authority of your bonorabie body to lay tains and pipes in the streets and avenues of the city ot New York for the purpose of supplying gas to the said city Municipal Gas ‘ompany. 4 “a GRORGE Ww Naw York, Dec. 20, 1876, In connection with this subject Alderman Purroy offered the iollowing resolution:— Resvived, That permission be and is hereby given to the Municipal Gaslight Company to lay gas mains and pipes in the streets, avenues and public places in this city for the purpose of supplying gas to the city and its inhabitants upou such conditions as muy be first p d_ und approved of W2 His Honor the Mayor, the Comptroiler and Commis- sioner of Public Works, who are now by law authorized to make provisiuns for lighting the streets of the city. The mover of the resolution argued tbat this was the only way to solve the aoe | tion relative to | gas monopolies, These gentieMea should be taught | that they could not have everything their own way. Me understood that the Municipal Company was ready to light the city with gas ata much lower figure than was proposed under th ely put in, Alderman Sueils wished to know if the Municipal Gaslight Company belonged to the combination re- | cently entered into to exact an exorbitant price forgas. | Alderman Purroy stated tbat, as far as he knew, the company bad nothing whatover to do with such a com- dination. Alderman Bryan Reilly prophesied that within sixty days aiter the granting o! the privilege the persons de- manding {t would enter into an agreement with the other companies, Several members also argued strongly against the pas- sage of the resolution, as they did not consider it proper to allow the company such power. Alderman Paurroy ex- plained tuat the purport of the resolution tended to give the Gas Commission entire powor over the mat- ter, and that bo privileges could be given the company without authority from this commission, which con- sistod of the Mayor, Commissioner of Public Works and Comptroller. After some further debate the resolntion was lost, but again reconsidered. erman John Rely offered an amendment, which ‘pecified in companies, The words ‘Municipal Gaslight Company” were, there- fore, stricken out. The original resolution, as amended, was then adopted by a vote of 14 to 6. LAYING GAS PIPES, Alderman Sheils offered a resolution, which was laid over, requesting the Legislature, at 1s next session, to epact such laws as will enable the corporate authori- ties of the city to provide for the laying of gas mains im the same tanner as Croton mains are now laid, GILBERT, President. ANSEXED DISTRICT GAS COMPANIES. A resolution presented by Alderman Morris was passed calling upon the Commissiouer of Public Works to report tothe Board the number of street Jamps in the aunexed districts, names of the com. pauics supplying gas and ali other information relative thereto, [It 18 understood that one of these companies charges as high as $50 per Jamp. STATISTICS ON GAS MANCFACIURE AND PROFITS. Below are given the privcipal points of a lengthy statement upon gus manufacture, accompanying a resolution resented by Alderman Gross to the Board and laid over tor fav consiveration. The fotlowing is part of a voluminous and imteresting correspondence carried some time between the leaders of a gas ring, consisting of letters uid reports of presidents, vice presidents and engineers of various gas works and treating of a new process for making illuminating gas LETTER FROM ONE PRESIDENT TO ANOTHER, . Duan Sin—In answer to the inquiries regarding the adoption of the new process at these works you can make the followin statements: ~ That I have watehed for years the varions experiments made with napitha and petroleum for making anu enrich- «from its ureat ceonomy it must come into weral use, and, alter x long and thorough investigation, I have adopted the new process. We have been running two months withont any trouble and diftic It has saved its money fom the day it was put up, and [ am more convinced than ever that the whole city must adopt it as protection mat competition, dc. LETTER FROM WN ENGINEER TO A PRESIDENT, to your request for ivformation ing trom the ufscture of gas works under t! process, | have vertifying to cur entire satisfaction there- Alter sixteen months of trial we have found sh s iabie to condensation at low temperatures and ore oasily maintained at « given {Ituminating power than js coal gan posure or circumstances has ont gas shown ees of stratificntion. Its manafacture requires no spectally skilled labor, tho ordinary gas works employer being competent to attend the new process, As to in manutueture our records show a reduction in wr and tear of apparatus and in the use all of which contribute to make the olf ‘when plaged in the “holders” than coal perience proves it to be acceptable to the gas inuel kas, while our ex; consumers. M THK ENGINEER TO A PRESIDI Ro! ENT. Comparison of two days’ running onthe old and new rocens = REPORT A (OLD PROCKSS)e Caki at ton 61 inet Soul at 8. per tos 1 ee Totas of cesl, Ketorts in action, Cost per 1,000 cubie feet, 75 cents, Cand’e pow r, 13. REPORT B (NRW PROCESS). Caking coal at $8 per ton (pounds: Gallons of naphtha at Shy Cube f it down te (per cent) i oo ‘The following 1s a confidential report of engineer on four months’ runuing on new proce: Old Process. ~ 4.406 500 feet of iiuminating Baggs: age illuminating power, TUOM AX RXGINERR, process tur a number of days Coal Used, it Used. ms, Gaal holders Adding the cust of | 1,000 enbie teet will be Bfty odd c that by means of the oil process al per 1,000 feet, nil expense ine ‘ THM KXPENSES AND PROFITS. We stall endeavor now to find whut, on the basis of the foregoing four months’ result by an improved process in gas musi e inancial condition of @ company working on that pian ought to be. ‘The cost of 1,000 cuble feet of gas, inclusive of labor and is seventy tive cents: for wenr and tent, oifice exoeuse, construction incidentals and loss the liberal Howance of ftty per cent, the 1,000 feet will eos, all Im all, tea company manufactures 500,000,000 cubic fees of er annum the cost of the whole of it ‘iu the holders 000, and the total eost $5 2.500, KXCKSSIVE PROFITS. For this volume of gas the com ar the rate of $2 50 fer ton clawr profit of sumption of times tive hundred, recent from net proceeds on acceunt of their still, oontinal costlier and poorer coal cas instead of the eff int annual profits must, nevertheless, be up wi of 0,000, If the toregoing experiments, with an improved process ot gas making: would ‘have been carried one step further— namely, tw dispense with coal entirely, better Quality than fs now consumed could be furnished for oue- half its present prices, and yet the mi facturers grow richonit. It, from the preceding evidence. i ce. it Ciently apparent that with every increase ofthe proportion of naphtha and a corresponding reduction of 1 ie auantite of coai, the volume of gax became Marger and its quality better, frau no longer be doubted that the manufacture of coal gas at un encly day will Le jed and oil gus substituted for it. THK RESOLUTION. Be it therefore Resolved, That the attention of the Com missioner of I'nblic Works be called to the foregoing im- teresting facts, with a view of examining the quostion, whather the city would net do better to make ite oop as according to the improved process, un jereby, texragyers in the neighvorhood of half a million of dollars annually. THE GAS COMMISSION—OPENING Gi BIDS FOR LIGRTIRG TYE PUBLIC BUIGMINGS. ’ Ata meeting of the Gas Commission yesterday the following bids were opened for furnisbing the markets and other public buildings of the city with gas for 1 ensuing year:— . Candle Prices per = Prices. Bidders, Power, 1,009 Cubie 187 Weel New York Gaslight Company.. wee 16 $2 40 $2 60 Manhattan Gaslight Company. oe 2H” 250 Metropolitan = Gas- light Company... . 18 250 250 New York al Gaslight Company. 19 2 50 2 60 Harlem Gaslignt Company........+. 16 275 275 Noawards were made, consideration of the bids being | laid over until « future day. THE PISTOLLED BOATMAN, CLOSE OF THE INQUEST INTO PADDEN’S DEATH— THE WATCHMAN WHO FIRED THE SHOT DIS= CHABGED—THE WIDOW'S ANGER. Coroner Woltman yesterday made an inquiry into the cause of the death ol Patmck Padden, who was found on the morning of November 20 lying in a small boat in the Kast River with a pistol shot wound in his breast. The first witness called was Ellen Padden, the wife of the deceased, who testified that on the night of November 19 a man named O’Brien called on bor hi band, and, after some conversation, went away, Pad- den soon alter following him; he suid he would be back soon, but was next seen by hor lying in the hos pital at the point of death. i : John W, Boahan, ot No. 140 Sackett street, Brook- lyn, who had frequently employed Padden, testified that on the Saturday before the shooting the deceased * had taken a trunk from his store for deliver, the ship John Mano, at Red Hook, and bi the same day, on board returned A WATCHMAN’S STORY. Andreas G. Lindstrom, of Nu. 155 Degraw street, Brooklyn, testitied that he had been a lighterman for abut: six years, during two of which he was employed ou board ihe lighter Albanian, which, on the night of November 19, wus lying off Harveck’s stores, at Wat- son’s pier, in Brooklyn; the lighter was loaded with mat sugar, which was piled on the deck in 100 pound sucks and covered witha tarpaulin; it was a dark, cheerless night, the wind was blowing hard and the rain Was coming down at times in showers; toward one o'clock he went below to drink a cup of tea and hght nis pipe; there was no on bourd but himeelf and whea he the deck there was no a Of apy boat near, ulthough one could not easily be seen in tho dark- ; he was surprised and ‘tled, therefore, to hear br to it he ‘pauiin j t once bé ‘Who's toere?’’ “It’s me," don’t know yoo,” saia Lind Ny, “and you had better clear out as quick as pos ? On, I'm not coming to steal,” wag the au- * ‘Lam only bere to usk if you can sell me some nd euds of your cargo?” **But the cargo 1s not mine, So you had better get off” at t shot rang out, and Lindssrom sprang below to avold harm and to prepare himself tor an encounter at the same ume; when he returned to the deck he saw the stranger quite close to him, movi toward the rail, and heard him cry “{ am shot; then ho lowered’ himsoif into a buat at the bow i which there was another man who hailed Lindstrot when he drew near, and asked him the name of the lighter; ‘it is none of your business,” he replied, and then the two men rowed away into the darkness. Caspar Grote 1s 4 watchman on board the lighter in which was close by, and about ten minutes alter the boat passed away hi told him that he had fired a a step upon the deck, and wh saw a man crouching under the hailoed to the stranger, the other replied strom, sibie a one; next day an office to inquire about the case; Lindsirom told him what had occur. red, and went with him tothe hospital where he saw Padden, but could not recognize bim as the man who boarded the Albanian, In answer to inquiries from counse! Lindstrom stated that one of the mats bad been removed about four feet. 1d, too, thut river thieves were known to be a very dangerous set, and to firo on the first pro- tence, THY MAN WHO FIRND THE stor, Casper Grote, of No, 46 Classon avenue, testified that he was a watehman on bourd the Pilgrim on Now | vember 19 and 20. He said:—About one o'clock on the morning of the 20th I heard a noise and went on deck; then I heard some one hallooing, and recognized the voice of my fellow watebman; that there were thieves on hend and Loried out, ‘Who's re?’ at the same time firing apistol between the two lighters to scare away any fiver thieves who might intend to board Theard nothing more, bat leaning over the two men in a boat rowin; w shortly alter that, im a conversation wi Lindstrom, [learned for the first time that I had shot q man, and | was bag 4 serry Jor it; the ‘4 mornin, 1 toid a policeman who came on board that I had fred a shot and went with him to the hospital, where 1 saw the dead man’s body, but I never saw him before, Oflicer the arr Newill, of tho First precinct, testified as to its he had made the case; I have been ace with Padden, he said, as a boatm: went out togother the mght pre- vious; O’Brien’s character 1s bad, but I never heard - anything against Padden; the Monday after the shoot- ing O'Brien sailed for Havana, and we have beeo bg hy to find him. ¢ ante-mortem statement of Padden was then read, a8 herotolore puolished, Depaty Coroner Cushman testified that in his opinion {t would be impossible for a nan 6o injured to be able to row a boat, The family of the deceased had brought a aumber of ‘witnesses to bear testimony to his charactor, but Coroner Woltman said that as it not been at all impugned their eviuence was unnecessary. The Coroner then reviewed the case in full and submitted it to the jury, who, after being out a short time, brought in the verdict that ‘Patrick Madden came to his death from the eflect of a pistol abot in ie ed known on the 4) inflicted by some person to us day ot November, 1876.7 Coron = churged the prisoners in accordance with the verdict tendered, Mra. Padden, who listened to every tittle of evidence with great Interest, did not seem to realize the offect of the verdict, and it was only when Grote was passing