The New York Herald Newspaper, December 27, 1876, Page 8

8 : cy a THE COURTS. Substituted Sureties in a Contract with the City. ANALYSIS THE TRUE MILK TEST. Unreliability of the Lactometer as a Milk Detective. VLY OF UNPAID TAXE a C Six years ago a determination was evinced to grade and regulate Madison avenue from Eighty-sixth street to Mount Morris Park, thus opening to the public the use of this much required parailel avenue to Fifth ave- Bue and relieving the latter from the dense throng of carriages that now at times crowd this popular thoroughfare, Proposals for doing the work were ad- vertised for in the usual form, and numerows bias were submitted for approval. The lowest bilder was one James McKim, He gave as his sureties two men by the name of Gauilfoyie and Pryor, The Comptroller refused to accept them as proper sureties, and there- upon Mr. McKim applied to the Commissioner of Public Works for leave to substitute Messrs. Waterbury and Deering as such suroties. The matter hung fire unul recently MeKim, fearing that the contract would | be awarded to some other bidder through the subst!- | tuted sureties not having been accepted, obtained from tho Supreme Court an injunction probib- iting the Comptroller irom refusing to approve euch new sureties aud the Commissiouer of Public WorksTrom taking any action in respect to the bids. Whe cuge was argued at length betore Judge Lawrence, in Supreme Court, Chainbers, It was sirevuously urged by Mr, McKihe’s counsel that utter the Com- missioner of Public Works has once assented to the chango or substitution of sureties he cannot withdraw his assent, ‘This, m fact, comprisod the maim point on the argument On the other side it was that the bid, although the lowest, was not con- © uniil the approval of the sureties. Judge Law: rence gave his decision in the case yesterday, em- bodying the sume in a very claborate opmiou, He holds that the lowest bidder must give adequate surety ana that euch surety must be passed upon and | approved by the Compirolicr before such lowest bidder becomes absolutely and of mght entiied to the coutract, In the course of his opinion he states the {net that alier the Commissioner ot Public Works had expressed his wlilingness to accept uew sureties he had ascertained the fact thar the work im question could now be done for $60,000, whereas if McKim is allowed to do the same wader bis vid the expenditure, exclusive of surveyors’ aud engineers? iecs, would be twice that amount. In passing upon this important element in te case Judge Liwrence says that the con- | the National NEW YORK years’ jmprisonment on tne two charges of which he ‘Was convicted, SUMMARY OF LAW CASES, An injunction was denied yesterday by Judge Davis in the suit of Hall vs. Ditson. This settles the question of the contested musical plates, at least for the present. In the suit for divoree brought by Jennie Evans against Alexander Evans, on the ground of crvel and innuman treatment, Judge Van Worst yesterday, on application of Dennis A, Spellexy, the plaintiffs coun. sel, granted an order directing payment of $50 counsel fee aud $12 a week alimony. Josiah 8. Grindie, captain of the American bark St. Mark, convicted and sentenced to two years’ imprison- ment for causing the death of a sailor known on bis verge! as Long Tom,” was yesterday ecgrted to Al- bany Penitentiary, where he Isto put in the term of bis sentence, In thé case of Dr, Flint, the teapot medium, Judge Brady bas granted a reference to inquire into the ability of Fimt to purge himself of contempt, and which is in point of fact what his counsel, Mr. George W. Wilson, has been so persistently laboring for during several months past, The Coumissioners ot Assessment for regulating and 3d wtreet, from Eighth avenue to Mount Morris ssessed $1,644 upon four lots and nwarded to unknown owners of the same tots §$2,5 Mr. Asel Lundy claims to be the owner of these lots. Judgo Van Vorst yesterday appointed Mr. Jobn D, Townsend referee to take testimony in the caxe. ‘The only trial iu the Siate courts yesterday, and this was to finish a case partly tried, as by Judge Van Brant, in the Court of Common Pleas. ‘The suit 18 one brought vy William Meyer aguinst Frederick A. Potts, assignee of Meyer, Verplanck & Irving, to set aside the assiguiuent made by the latter frm in April last Judge Van Brunt took the papers, the case being tried belore him without a jury. In the matter of the Parish will contest Sarrogate ivin rendered a decision yesterday with regard to the legality of the positon of Louis A, Delafield as executor of Susan M. Parish, deceased. The Surro- gaie that whatever may be the merits of the que: ton lear that the petitioners had no interest in it on or the other, they being merely executors of an ex! or, aud the petition must be dismissed, After a caretui exainination of the three indictments against Rdward D. Smythe, charged with being un- pleated with William F. Veitman and Wiliam Leathe in uttering forged checks for $20,000, and to recover which asuit has bocn instituted by the Merchan Exchange National Bank, District Attorney Phelps yeeterdsy ordered a nollie prosequi against Smythe aud his honorable discharge. It was believed by alt conversant with the facts that Mr. Smythe woud bo able to show actear record in the case, The civil suit is Low On the Supreme Court calendar awaiting trial before Judge Larremore, Mr, Benjamin F. Russell, of this city, and Messrs. Morris & Pearsall, of Brooklyn, were Smythe’s counsel, Mr. George W. Wi1hon brings an action In which an attachment Was granted in favor of SophiaWright against Capitol Life Insurance Company which has absorbed the old american Lite Insurauce Company for $3,000 on a policy of ipsurauce gramed on the lifo of the late Hiram Wright, In this cose the deceased, it is alleged, paid as premiums on his life. policy more than the amount of the policy, and if it should be paid up Without litigation It amounts to an investment at- tended with the loss of the interest on the amount paid in by the insured, Surrogate Calvin yesterday found it neccssary to call the atiention of counsel practising in his court to the grading square, sent for the substitution of new sureties for | those originally proposed would be an act of | grace on the part of the head of, the | department; that it rested upon no new consideration ; | tatit the Lead of the department becomes satisiied before the act is consummated, before the Comptrol- ler’s approve es, that he has acted on- wisely and unadvisedfy, 1t should be and it is within bi to withdraw bis consent unul the Com trolier has actually passed upon the suflciency of the bew sureties, the Commissioner of Public Works was tu authorzed to recall and revoke his consent to the substitution. He theretore vacates the ipjunetion und leayes it with Mr. MeKim, it he chooses so to do, to sue the Comptroller for damages. THE MILK INQUISITION. Groat interest seemed to be attached to the proeeed- ings yesterday ia the Court of General Sessions, Part 2, before Judge Sutherland, from the fact thatdn the case of Daniel Schrumpf, who is now undergoing his trial on the indictaeat charging him with selling adulterated milk, the distinguished chemist, Professor R. Ogden Doremus, was to give his opinion as an ex- pert on the value of the.lactometer used by the Board of Health, After a brief croas-examination of Dr, Thomas C. Doremus, the witness stand was occupied Dy the Professor, who, in re-ponse to Mr. Lawrence, of counsel for the defence, referred to is experience asachemist, The questions propound d in this re- Spoct elicited the fact, already well known, that the Protesor’s carect aga scientist had been successful. Ho | testified that he nad made the subject of milk a spectalty and lectured on the subject since 1850, and then went on to state that he visited Orange county a number of times for the purpose of examining milk to determine its gravity by the Jactometor, The exami | nations which be made demonstrated the fact that the Jactometer 18 not a proper indication of the value of milk, as it registered a higher quality of milk when placed in the skim milk than it did when immersed in milk which was rich and creamy. He said that there wero two substances in milk lighter than tho milk itxeif—namely, water and cream—and it fs this cream that will eventually datnu the lactometer, He added that it was mpo-sible (o discover, with the lactometer, whether it was croam or Water lightened the milk, an detied any of the learned chomists who were examined on bebali of the prosecution last week to gay that they, with the lactometer, could discover whether it was cream or water which hgutened the milk, as it could not be done without completely analyzing the fluid. This, he said, would demonstrate the Jalsity of the lactometer, for’ milk may be light owing to its goodness. Under all the circumstances, the Professor was of the opinion that the Inctometer was not reliable as a test. The testimony of Dr. Doremus was very interesting, especially after recess, when he illustrated by experiment a very simple method of Vesting milk by means of evaporayon. was assisted by his sou, Dr. T. C. Doremés. He showed that by previously weighing, for instance, a table- spoonful of mil, the little dish which contained it also being weighed, the loss when heated would be tho Water. He tben explained how all the component parts could be determined, and proved tbat this | method of testing milk was not only simple but com. pieto, The witness cited various authoritics in sup- port of bys opinion that the lactometer as a detecter of aduiteration in milk was not reiable, It may be mentioned, however, that the case having # ready cecupied so many days Judge Sutherland seemed = anxious to keep within the bounas of the tnquil namely, Whether the prisoner at the var soid ‘adulterated milk in violation —of the ordinance of the Board of Health. It was repeatedly gtgued by the counsel for the defence Ihat the luctometer was not sure guide in the detec. | tion of fraudujout milk, and that it was competent to Prove that fact, hence the opinion of Dr. Doremus as an expert Was eXtremoly valuable in a cage of this kind ia contradistinction to tre evidence of the wit- neeses who bad testified as toi s effic In the course of esiimony Dr. Doremas re eral authorities who, Le said, had condemned the in- ument on the ground of its enrelial He fur- ther stated that no weduction coald ra 4s to the adulteration of milk by water from the man- | ner ty Which the milk ran irom the lactometer when it was taken out, He had seen samples of mik taken from the cow wfich ran off trom tho Jactomeser in @ manner similar to that de | ibed as characteristic of aduiterated milk. In ponse to the inquiry as to Whether it he had made tests 1 this Case, previously made by Dr. White, he would be willing to testity that the fluid tested ‘ated mil, the Court ruled out the question. Proteasor Doretmus then detajied at length the can: Uhat might tend to vary the specific gravity of wilk. Water und cream make it lighter, as already Intimatec, while cheese, sugar aud salt reversed this condition He considered the Jactometer « most erroneous guide, | vo far 6 the question of detecting adulteration was concerned, aud was of opinion that the best method to determine Whether milk was pure or impare was by y's. In Support of his stwtement that the iac- eter was unreliable asa test Dr, Doremus read sev eral extracts trom foreign authors, He was then cross- examined by Mr. Vrentice, but the Professor main- tained his characteristic serenity in presence of bis Jegal assailant and his direct testimony was not dis- turbed. The farther hearing of the case was adjourned until this morning. ARREARS OF TAXES. Before Judge Davis, in Supreme Court, Chambers, there was argued yesterday » motion for a m-ndamus to compel the Comptroller to receive from Wiilwm Doubiedsy bis tender of arrears of taxes due on down | town property, such taxes baving fallen due some eight years ago. per cent interest accep:ed Instead of twelve per cent, which it is claimed should be done under a law passod by the Inst Legislature. An objection was raised tbat at the time the net was passed the taxes had become satistied by sale of the property and ite lease for nou-payment of such taxer, and therefore that the present application care in Wo late and could | not be made under the act in question, Judge Davis, in giving his decision in the matter, sald be could not rant the application asked for, ipasmuch as the | joxsee had not been made a party to the sait. He sug. | gested that the pont was an ituportant one, and that | it had better be presented to the Geveral Term, as | upon a favorable deerion it would of ‘eotirely new ehupael fur the redemption of property sold tor bon-pay ment of taxes. BECKWITH SENT TO PRISON. At the sitting of the Court of Genera! Session Part 1, yesterday, Judge Sutherland presiding, GR. Beckwith was called to the bar for sentence by Assi vant District Attorney Bell, The prisoner, it will bo fomempored, was convicted under iwo indictments opriating to his Ane Nanay Doleepne Wo Beh Dabont. Ex: Judgo Fullerton, who decusions, moved for ie 4 of irregularity in the indictments, i Ges wes denied and the prisvner was sentenced to ten | that the case be put on the January calendar (18 | justed to plainufl, &o. The point ip the ease is to have seven | * dilatory and loose manuer usually practised by them in their attendance in court and in the preparation of their cases for trial ‘The Surrogate said that these gentlemen seemed to regard the busivess of she court 4s something in the nature of proceedings before a referee, in which they might appear and go on with their cases according to the date fixed ter a hearing, or absent themselves and let the case go over tu sult their whims or individual conveniences. He did not see why hearings before the Surrogste should not go on from day to day as in the circuits of tho other courts, and he recommended to the profession that chango be made in that regerd. Felix H. Hyman applied to Moritz Josepbthal for a $12,000 joan on first. mortgage on his property, Jo- sephthal referred bim to Adoiph Levinger to examine the title, Levinger sent Hyman‘s bond and mortgage to Josephthal, when the latter sent back two checks for $6,009 each, payabie to the order of Hyman, which Levinger delivered to bim. The property was found to be already mortgaged for $7,000, to pay which Hy- man drew one of the $6,000 checks and gave bis own check for $1,250, Levinger, who afterward fled tsa de- fauiter, did not apply these checks to the satisfaction of that mortgage, but converted them to his own uso, Josephthal brought suit to foreclose the mortgage, When Hyman set up the defence that Levinger was Jo- scphthai’s agent, and he was therefore lable on tho mortgage to pay only the difference between $12,000 and the amount he advanced to Levinger. Judge Van Vorst, in Supreme Court, Special Term, holds that Lov= inger was agent only to examine the title, and gave judgment of foreclosure. Iu the injunction proceedings instituted by Robert Cushing 10 restrain the Commissioners for building the Third Judicial District Court House from paying more money until alter payment to him of $17,500, yhich he claims to be due him on a contract for the carvings, there was a lengthy argument yesterday before Judge Davis, in Supreme Court Chamber:, Messrs. Townsend and Weed appearing for the piaintift, and Mr, Andrews, Assistant Corporation Counsel, on behalt of the Commissiouers, As beretotore published in the Hexaxp, the plaintiff alleges that, pursuant to the directions of the Commissioners, be made to the work material additions to the specitications in the original contract. It was urged on the other hand that these additions were triflmg in character and in- volving but slight extra expense, Dicision was reserved, DECISIONS. SUPREME COURT—CHAMBERS, A! Judge Davia. Oppenbelmer vs. Von Bicla; Wolf vs, Emanuel; Newman vs, Dickson; Lorillard va, Clyde.—Orders granted, Doberty va, Baker.—Motion granted, Ham va Toledo, Wabash and Western Ratlroad Company.—Motion denied, Shepard vs. Sbepard,—Court wish tif’s counsel. Gay vs Gay.—Deerce of divorce granted, but without costs, See memoranaum. In the Matter of Burritt.—Motion granted, and United States Trust Company appointed trustee, ke. Hall vs. Ditson.—The opposing affidavits must com- to see plain- pletely cover every material allegation of tue moving aft\- | davits, &c., deny the equities set up by the moving papers that the motion to grant, &a, to continue the injunction order must be denied. —Motion denied, | with $10 costs, Ludington ys Slauson,—Motion to open Without costs on conditions that defendants st triat without further notice, and be brought to trial in due course without interposing any technical objec- tions or delay. Ludington va. Slauson —Motion for recerver granted, Heury E. Davies, .Jr., appointed receiver on executing bond of $1,000 with Usual directions that tenants or occupants allow to him tor the rent of the premises, &e., $10 costs of this motion to abide event aud be ad- Peouia Starch Company vs. Fox.—The order of ar- rest appears to have been granted by the Court betore Juagmeut, The defendant was therefore proporly ‘charged in execution. There sceme to be little reason the plaintiff to amend his complaint, leave to move for that purpose is granted. Foley vs. Rathbone,—Neither of the orders pre- sented appears to be exactly correct, There should be @ separate order on each order. In that respect the orders presented by the attorney for Wetmore are properly drawn, but they do not recite the affiday and other papers read on the motion, Mr. Henderson's Beepcest order disposes of the three motions as one, ‘his does not seem to be correct practice, In the matter of Hunter.—From the papers sub- mitted I infer that tho only parties who dispute the right of the children of Mrs. Butterworth to the fund mentioned in the petition have withdrawn their oppo- sition (see Mr, Ogden’s letter). If 1 am right on this inference it is unnecessary to pass upon the point pre- ated by the petition, If my inference is incorrect 1 sire the counsel for the partics who dispute the title of the Batterworth children to the fund to file a briof, the trustees may be entered. By Judge Donohue. Matter of Sural. —Memorandum, i Donnelly vs, McCahill; Sanford ve, White.—Motions jenied, Wilson ys, American Tontine Life aud Sayings In- surauce Company,—Must be a reference. . BUPERIOR COURT—SPECIAL TERM. By Judge Van Vorst. O'Connor ys. The Mayor, &c.—Judgment for plain- tiff signed. Josephthal et al. vs, Heyman et al—Judgment for plaintu. Opinion. ; COMMON PLEAS—SPECIAL TERM. By Judge Van Hoesen. Ahern vs. Bryant.—Order of arrest vacated on do- fondant stipulating not to serve, See memorandum, Stegharat vs. Wetzel.—Motion for receiver granted unless defendant furnishes bond, Seo memorandum. Lerche va, McComb.—Default opened on defendant paying $10 costs of movion, together with the disburse- ments incident to the taking of the inquest. ‘ Matter of Belloes.—Motion denicd, Seo memoran- um, Frupinger vs. Busch.—Motion granted on defendant stiputating not to serve. See memorandum. Strauss vs, Newman —Motion denied. Seo mcmo- randum, Baldwin vs, Vance.—Order settled. McIntosh ve. Burton.—See memorandum. Ward vs, Gardner.—Motion tor allowance denied, Motion to amend decree cenied,, See memorandum, Houry vs. Kelly.—See memorandum. SUPERIOR COURT-—SPECIAL TERM, By Judge Van Vorst. Sloane et al. vs. Vibbard.—Motion denied, with $10 costs. Fry vs. Spofford,—Undertaking approved. The Knickerbocker Lite Insurance Company vs. Patterson, &c.—Motion granted. Lynborg vs. Zemansky.— Reference ordered, In the matter of regulating and grading of 123d street, from Eighth avenue to Mount Morris equare.— Reference ordered. Evans vs. Evang. —Motion granted. Counsol fee of $50 and $12 per week alimony allowed, By Judge Freedman, Meenaghan vs, Nichols et al.—Motion granted, and inquest set aside as to both defendants on payment of a trial fee and plaintiff's disbursements, and $10 costs for opposing the motion, each defendant to pay onc- na. MARINE COURT— CHAMBERS, By Judge Sinnott. Wise vs. Schwab.—Motion for new trial will be granted. See memoranda, Hayman vs. Elias. —Costs taxed as per order entered. Pilgrim vs. Leibert.—George W. Gallinger, receiver. Rau vs. Boomer.—Motion granted. " Fuller va. Sternfels,—Motion for judgment granted, c. Easton vs. Young.—Motion to vacate order of De- cember 15, 1870, denied, Sce memoranda. Bourne.—Motion for attachment denied. Giles ys. Simon, —Memoranda for attorney. Hanlon vs. Rossa.—Commitment refused. Clarke vs. Doying.= Motion will be granted unless terms of order are complied with, Babcock vs, Case. —Order vacating stay, Gilman ve. Kape.—Motion denied. Landesman ys, Hoffman, ecution ordered, O'Hara vs, Jonea,—Ordor reiused. By Judge Sheridan, Smith vs. Jones.—Order signed. Stuntler Hazard vs. Sweot.—Motion to strike out c., granted, MoArdle vs. Ryan.—Stotion granted, Stritfier vs. Daberkow; Jones vs. Gurley Wilson; Linders vs, Layman; Worth vs, W ders granted, COURT CALENDARS—THIS DAY. Surreme CovrT—Cramnens—Held by Judge Davis. — Nos. 7, 137, 166, 171, 173, 188, 209, 243, 247, 248, 2 252, 255, 256, 257, 258, 260, 28, 60, 67, 72, 76, 100, 103, 105, 110, 115, 117, 119, 120, 121, 128, 126, 140, 143, 149, 164, 190, 191, 195, 196, 219, 229, 245, 246, 260, 261, 262, 263. Supreme Court—Grxenat Ter.—Will meet for the purpose of rendering decisions. THE NEW AMSTERDAM SAVINGS BANK. Aunany, N. Y., Dec, 26, 1876. In the Supreme Court, Special Term, to-day, before Jetge ipgails, on application of Richard M. Bent, re- cciver of the New Amsterdam Savings Bank of the city of New York, an order was entered directing the United States Trust Company to deliver to said re- ceiver any of tho bonds and mortgages now held by thom as deposited by such receiver, upon his receipt- ing therefor and depositing with the said company the full amounts due oneach and overy one of th id bonds and mortgages go delivered, as principal an terest atthe time of such delivery. The receiver is also authorized, on recetving payment on any of the bonds and mortgages in question , to execute the us satisfaction or assignment and deliver the original vonds and mortgages, DISHONESTY’S VARIORUM. Christmas and the memories of the past called up by its celebration do not seem to have converted from Same vs. ‘cide, —Or- the ways that are dark many people who have a weak- | ness for appropriating to their own use the goods of their neighbors, For instance:— A young man named Hugo Schultz, who said he was an agent residirg at No. 217 Tenth avenue, was ar- Taigned yesterday at the Washington Place Police Court and committed for trial in default of $2,000 bat! for stealing a gold watch, chain and locket, valued at 300, from Mr, Daniel Ahern, of No. 137 Kast Eighth strect. The prisouer denied the charge. William Gard, aged mincteen, employed receutly as to doubt that be received the money in a fiduciary | capacity and converted the same io his own use. His motion tor discharge is demoed, but as the papers show that $30 trial fee was improperly taxed against him the denial 18 without costs. Greene vs Batier.—I think the exceptons to the answer should be overruled. The answer substantially purges dete all mtentiona Looks are evidently of litle or no importance. It is not shown that any injury has oecurred from the non production of them by the receiver. The defendant is willing, and has always been, to deliver them to the receiver on demand, "I think the order of attachment should be discharged oo the defendant’s delivering the books mentioned in his answer within ten days after entry of order berein and service thereof, without of proceeding to either party. Denke vs. New York and Rosendale Lime and Ce- | ment Company. —The motion for a receiver in this case the defendavt Harney wiil alter service of a copy of the mort- should be granted up stipalate within two aa} order to be entered ox the foreclosure of bia | gage till after the trial aud decision thereon | of this action, and the defendant Tomp- kina «within same time stipulate not to take any steps to entoree bis judg. | ment till after such trial aud decision, and unless ail | the defendants stipulate to refer the issues in this action for triab and decision to George W. Parsons, counsellor-at-law, and to proceed without delay with the trial thereof.” Ii such stipulation be not given as avove required the order will provide for the appoin ment of a receiver, to be named by me, and fix his securities, &&. Order to be settled on one day's notice, ‘ By Judge Lawrence, Sheridan vs. Hopkins.--Gravted. Fiint vs, Connor. —Order granted. Ryerson vs. Brimagin.—Order as settled. Memo- ranaein. Zercga ve. Worthiogton.—Case and amendments settled. In the matter of Abiborn.—Motion to discharge from ment ig denied, with costs. Opinion. va..Gireen, &e., et al—Motion to vacate or- training the Commissioners of Public Works is d4. Motion for peremptory mandamus is denied, Opinion. Miright va Milwaukee and St. Pau! Railroad Com- pany et al.—I see no reason for changing the opinion heretotore expressed by me, and am opinion that the orders proposed by the counsel should be entered, Lyon va Suizer.—The injunction should be modified foas to permit the deienuant Livingston to prose- cute bis action agaivet § I see no propriety in tying up all the trust iand, The tojanction should urther modified so as to ject only the fund of $072 84 and as much of the $7,500 und as will be re- quired (0 make up the amount of $1,500 mentioned iendant's the injunction, Order to be setiiod on two days’ notice, Bailey vs, Dodge.—The denial contained in the last paragraph of ihe azswer is not on its face a denial of not each and every sliega im the compiai tecrein before admitted of denied, & allegation is that the ~—_deten ench and very material allegai complaint contrary to or ineonsisient with any of the allegations im tiie wer not boretotore adinitted or denied. If whe pleader Yhtended to deny each and every allegation of the complyiut, giher than those that he bad previousiy admit(d or devied, be Certainly has not said so. The defendant shoukl, however, have leave to move at Chambers to amend his answer, and if im consequence of the decisions referred to by detondant’s counsel i} should be deemed advisable for contempt, Tho | also of the | | | the scuttle on the roof. a waiter in the boarding houso No. 19 Lafayette place, was held for trial by Justice Bixby for stealing a hat from Mr, Louis M. Iddinge and a coat and vest worth | $60 from Mr, George H. Fitch, both gentlemen being bourdersin the houge, When arrested the prisoner was wearing Mr. Iddinge’ hat. Patrick Kehoe, who savs he is a hackman, and that he resides at No, 119 West Tweuty-tourth street, was arraigned betore the same Judge to answer two charge of larceny from the person. The complainant in the case was Michael Desmond, of No. 541 West Twenty- third street, who testificd that, in company with | name of Jon Tenth avenue, a friend bearing (he wausual Smith, who lives at No. 77 he entered Scott’s liquor saloon, corner of Sixth avenveand Thirty-second strect, While there Kehoe aud another man entered and a dispute occurred. Kehoe and the Strange man followed Desmond and | Sinith to the sidewalk and there attacked them. Des mona Was struck an ugly biow in the face, and while in a Semi-unconscious condition was robbed. Smith's watch, valued at §0, was also stolen. hela for trial 10 $500 vail each cage, The police suy that Kehoe has already served a term in State Prison. Bertha Coben, «a German servant, w held for trial by Justice Smith for robbing her employer, Mr. Mon- heim Block, of No. 207 East Eleventh sirest. The girl left Mr. Block’s house ou October 30 without giving any warning, and Mr. Block soon after found that he had been robbed of a diamond ring worth $150. Ber- tha was arrestcd yesterday and the stolen ring was found on Ler inger. She was eommitted tn $1,000 bail. Peter Measiker, aged sixteea years, of No. 42 Henry street, und Patrick Rooney, aged sixteon years, of Na 42 Rivingcon street, were discovered yesterday morn. ing secreted im the premises occupied by Mr. Alexan- der Roth, cigar manufacturer, on tae Bowery. They had $125 worth of cigars packed up ready for remo ‘they entered the building, 1t sesms, by forcing ope When arraigned before Justice Smith Messiker pleaded gulliy, and both prisoners were held for trial to detautt of $1,000 bail, IN AND OUT OF THE WORLD, THE BIRTHS, MARRIAGES AND DEATHS IN NEW YORK DURING THE YEAR—FIGURES WORTH STUDYING. The annual report of the Bureau of Vital Statistics now in course o! preparation by Deputy Registrar Dr, John T. Nagle, is completed up to the 23d of the present month, and when the vital statistics for the ensuing week shall bave been added it will be madea part of | the annual report of the Board of Health for the year 1876. According tothe report the totai number of deaths the year, from January 1 to December 28, 1876, was 28,658, a decrease of about 1,600 as compared with last yeur. valy stands in the list as having the largest number, 4,172 deaths being recorded during that month, The next ts August, when 2,732 took place, November is accredited with 1,804, and December has loss than all, 1,491. Of the burial permis issued 2,908 came ‘throngnh the Coroners, 1,280 Were permits for burials in transit, 137 permits for removal from the city cemeteries, and 2,245 were per. mils for burial of stiilborn children, The number of cases roterred by the Board of Health to the Coroners for investigation was 12 The number of births during the year were, to the 23d inst., 23,300, of which August bad the largest share, 2,188 having twken place in that month. April bad the smallest namber, 1,708 The otal numoer of marriages for the your is found to be 7,014, the largest pumber in any one month being 735, which were celebrated in October. March is discovered to be the most unpropitious period for matrimony, only 541 having joined bands during that month. ine of records of death, 164 of marriages and 198 of bi is were made The number of searcbes for marriages, births and deaths were 1,224. SUDDEN DEATH. Annie Hoffman, aged sixtoen, died suddenly yester- day, at her resiionco, No. 64 Norfolk street Kehoe was | THE EAST RIVER BRIDGE, THE MANUFACTURE AND TESTS OF CABLE ‘WIRE—OPINION OF PROFESSO! ‘THUBSTON, OF THE STEVENS’ INSTITUTE OF TECHNOLOGY. The discussion in our columns of the above subject bas brought forth the following communication from Professor R, H. Thurston, the head of the department of mechanical enginecring ana director of the mechan- ical laboratory of the Stevens? Inatitute of Technology, at Hoboken, N. J:— Honoxex, N. J., Dec, 26, 1876. | To Tm EpiToR ov THE Heraly:— My attention has been called to the discussion in the columns of the Hrnaup of the characteristics of good stcel bridge wire as proposed to be used in the East River Bridge, and I am asked by your reporter whether anything more should be demanded than compliance with 82 mach of the spectfication as covers the qual- ity and method of test of the wire The speciiica- tions for the wire to be furnished under tho contract about to be made are, in my opin- ton, simply admirable, They are contessedly exactin, and, although probably certain to give the success! bidder some trouble and considerable annoyance, they will as certainly secure the use of good material and | the safety of the largest structure of its class ever de- signed. Assuming arithmetical uccuracy in its details and that the responsible engiueer will be able to re- move apparent {neonsistencies affecting to a certain extent the position of the line to be drawn betweon metal to be accepted and metal to be rejected, I have never socn Its equal, and consider it to constitute a long first step in the direction of improvement. It, therefore, is of importance and hag interest alike to members of the engineering profession and to that pub- lic which 4, benefited so greatly by every advance in the arte subsidiary to that profession as weil as by tho success of every great public work like the one refer- red to, Specifications of such stringent character and so minute in detail tend to create valuable improve- ments in methods of manufacture and in details of work wich have permanent valuc and which are. of advantage to the world in a thousand ways, HOW FAILURE MAY ARISE. The only habilty to failure uuder specifications of this class will arise {rom a certain possible irregularity of product, which may be a consequence oi pecutari- ties in.mothod cf manufacture, which no specification can wholly provide against, or from variations in quality of stock used in manufacture, which are equally beyond the range of specification. Even here, how- ever, these spectiications cover tho case, so far us it can be covered by the proviso—paragraph 6—that the inspector shall ‘have opportunity to satisfy, bimself that the wire is all made of suitable steel prepared trom uniform stock. The specifications—paragraphs 10 and 11—provido for testing a piece of wire sixty feet long trom the end of ove ring in every forty, of eix ieot of wire from the end of one ring in hve, of sixteen inches from the end of cach ring, and of one foot by a bending test from the end of each ring furnished. The “rings” of wire h about sixty pounds cach. If these end p:eces pass inspection the whoce ring passes inspection. The only uncertainty, the ena of the rivg may be good while the reat, or some part of it, may be defective. ‘The risk thus ac- cepted isnot great When the makers of the wireare skilful aud experienced, and engiuesrs do not hesitate to accept this method ol test as the best pructicaily available, but no good engineer neglects to tako every precaution to seeure such uniformity in stock and im } method of manutacture, as well as in quality, as is de- tormined by the specified tests. IRREGULARITIES UNAVOIDABLE, ‘A certain irregularity of quality 13 unavoidabie, as is shown by the fact developed in these very teats—ot | Which the records are under my hand—of wire offered the Bridge Company by bidders, in which the average of a small number of (ests is usually far better than that of a larger number of tests of the same wire, varying from early 4,000 pounds for a halt dozen trials to 3,600 pounds for wire subjected to double that number of tests. A defect may thus oc- cur, or the quality may be bad, in any one’ picce, and romain undiscovered if the defect or the low quality does vot bappen to exist in tho end picce tested. This risk of passing low quality wire 1s greater with some methods of manutacture than with othors, and is least w uniformly good stock is used, The lauter requi site is readily secured, and the engineer then needs simply to study metnojs of manufacture to make the risk the least possible. STKEL PROCESSES. Steel is made by several processes; but by for the greatest part of the steel in our markets ia made by either that known as the crucible process or by the Bessemer process, A third method, known as the Ste- mens, or the Siemens-Martiu process, 1s coming into use in this country, and 13 well known in Europe, ana especially in Great Britain, where its distio- guished inventor, Mr, ©, W. Siemens, frst 4 troduced it, Of these processes the crucible pro- cess has formerly been @ distinctively tool-steel pro- cess; the Bessemer process has produced only the very ‘low’? steel, such as is used for rails, and the Siemens process has been exceptionally valuable in working up scrap metal, both stcel and jrou, and bas Usuully also produced’ ‘ow’ steel. The steel ro- quired vy the builders of the Kast River Bridge cau be | made by either method. In the Bessemer process cast fron, caretully cbosen for purity and richaess in silicon ‘and carbou, 18 melted and poured into a vessel callod a “converter”? in quantities of usuaily about five tous to a “obarge,’? and air is forced (hrough the molten ma: until the silicon and carbon have been burned out, and there remains almost pure wrought iron, Sufficient carbon is tben added to make of it the required grade of steel. Fivally the molten steel is poured into ingot moulds large enough to contain several hundred pounds ‘weight cach of metal, and when solidified it 18 rolidd into “wire rods’’ and drawn out iniowire, The rings of wire weigh about sixty pounds, and cach ingot makes several rings, of which one 1s from the top, one trom the bottom, and the others from intermediate parts of the ingot. ‘In the Siemens process several tons of cast iron are meited on the “‘hearth’’ of a reverberating fur- nace, and the carbon removed partly by the oxidizing action of the flame and partly by dilution with scrap or other wrought tron. Samples are taken out now and then, and the metal is tapped off into ingots when in- spection shows the proper grade to have been obtained. The iugots are similar to those just described and are similarly treated, In tho crucible process, as formerly Nits d practiged, selected ‘blister stecl,’’ of which the qual- ity was absolutely certainly kncwn, was melted down in crucibles and cast 1uto comparatively small ingots, weighing 70 to 100 pounds each, These ingots were broken, inspected and assorted into lots, in cach of which all the steel was adapted to a specific class of work, By a later method wrought iron is melted in the crucible in presence of the necessary qcantity of car- bon, manganese and flux, and the steei thus obtamed trouted as beiore. 3 BESSEMER UNCRRTAINTIFS, Some uncertainty as to quality of product oxists in the Bessemer process in consequence of the diilicuity met with in adjusting the preportions of carbon and Manganese with precision in “recarbonizing” and in copsequeuce of the difficulty of sampling accurately whore such large masses are handled, skill acquired by makers ot this stee! ie, however, very re- markable, and © mistake rarely occurs in making | stock for the purposes for which the metal 1s most | used, The Siemens-Martin process is Jess well fitted | to produce large quantities of metal, but the oppor. tunities offered jor test while the steel still hes molten in the furnace and for correcting any defevt in grade adapts itto uses for which Bessemer metal can only be obtained by unusual skill in manatacture cr in selection, The makers of crucible si bave | very great advantages in being able to select their stock with ceriainty os to quality, in ability to secure | almost absolute uniformity in_mixtu in deal | ing with such smail ingots that the quality of the mass is indexed acourately by that of the surfaces of the fraciure when the ingot ts “topped” for sampling. | The skiil of old makers of crucible steel in selecting | and grading the mnctal is simply wondertul. They detect at a glance differences ot composition which the | most careful study by the unpractised eye would not | lead others to suspect, CRUCIELE STREL ADVANTAGES, On the records of the Mechanical Laboratory of the Stevens Institute of Technology ure to be found the re. Its of the tests of twelve distinct grades of crucible steel wmeb differ by loss than one-tenth of one per cent in proportions of carbon, and which were sclected by the eye, and without a single mistake. The power of selection thus Indicated will be appreeiated when it is stated thas tho chemist cannot by the best mothods of analysis grade steel with equal certainty and ac- curacy. Strain diagrams, produced by the autographic recording testing machine of our laboratory, confirm this evidence of the remarkable power of the trained | eye of the experienced steelmaker. In selecting steel | for any important work the engineer usually proters | to use throughout metal made of the same ores, the same stock, and by the Either of the above « to satisiy the requirements of the specifications, The only uncertainty as to above referred to 18 probably least with crucible stecl, but need not be serious with the other kinds under proper manage- ment and with carctal mspection, Other things bein: ual the engineer would sclect the crucib'e sted which best conformed to specification. If important reasons should exist for placing two kinds of metai in the same structure he might not hesitate to do #0, but he would take sp care to see the | used in the 6 kinds and to seeure uniformity, He would be less likely to object to using crucible steel of which the tests were satisfactory, butof which he knew nothing more, in a etructure mainly composed of other steels, than to ‘using the latter under similar circumstances In a struc- | ture mainly composed of crucible metal. He would, wherever possible, however, seek to secure metal (ully up to specification, and then, to inerre absolute uni- formity of quatity by insisting on the use of precisely the samo stock, exactly the 0 method of manutac. ture, and, by test, precisely the same quality of final product throughout the structure, and expecially in a those parts which, like the main ‘abies of the great bridge, are to sustain the immense svrai | weight of the whole suspendou mass. Th the metal used in the cables ts an essential, | factor, in determining (he pormanence of the structure and the completeness of one of the greatest of modern enginecring triumpns. R. H. THURSTON, SIEGE OF JERUSALEM. This being the fourth month. of the Jewish year, in | which the Romans, in their siege of Jerusalem, at- tempted to destroy the Holy Tem and Wore at first repulsed, the event was commemoraicd yesterday with appropriate ceremonies in tho Jewish places of worsb ip. AFTER CHRISTMAS. ‘The tacchanals at the Tombs Police Court yerterday numbered 1298. Among them were many respectable ome ee jlement Eee tontve’ andar orgae regarded their excessive e ‘with leniency, and in mést cases the elingeents discbareed with a prover reorimand. t were i} | | therefore, arises out of the possibility that | !and adjoining Woodlawn Cemetery. = HERALD, WEDNESDAY, DECEMBER 27, 1876.-WITH SUPPLEMENT. LL LIFE INSURANCE. THE PROSPECT OF MORE FAILURES—DECEPTIONS IN THE SECURITY. The present situation of life insurance affairs is of critical Interest to both policy holders and gnder- writers, Circumstances now bold further develop- ments a little in check, but the immediate future is 1ull of anxiety and distrust, The only ove check upon fraudulent management is the Insarance Department of the State, and 1 is mainly dependent for information upos the annual statements rendered by the companies. Within the past two months two of these ‘statements’? have been proved to be gross fabrications. If figuri# do not lie, they have at least been shown by the Continental and Security to be sadly deceptive. Their documents, which at the be- ginving of this year looked so full of good faith and gafety, are now discovered to have been replete with faisifications and perjurics. It can hardly be wondered, in view of these facts, that the insuring public is alarmed. The premonition suring pudlicis asettied conviction among insurance men. In their circle it is generally admitted that the recent exposures ure but the beginning of the end. To many of them the fact carries palpabie fear, while to the remainder it brings ouly momeutary soncitude, with bright hopee of ultimate benotlt, The class who are in danger lend themeclyes to every means which may heip to check inquiry and in- vestigation. They are the ones who circulate notions ofa panic in case their companies are pursued, one would post ‘danger’ over a glycerine mine. But tbe other class of insurance men, tho ¢ who rep- resent institutions known to bo solvent and honestly managed, soom to regard tho present developments in the light'of a purging process, which may annoy for a time, but will regult in final good, Accoraing to t! testimony of such well !nformed persons it 18 no use trying to conceal the fact longer thut there are a class of companies in this city which cannot stand the test Of exumination, and must follow the line of their pro- totypes, the Coutinental and Security, EXTENT OF THR SECURITY VaILURE. The labor of ascertaining the assets of the Security will be extended for perhaps 2 week longer, but it 13 gnid that the report will be astonishing in its character, ‘The actuary’s accounts are found tu be badly dofective, and wolnlly contrastive in fact to the sworn statement made to the authorities at Albany a year ago. It is thought by those best informed on the subject that the company ’Sassets will not pay twenty-tive cents on the dollar of its abilities Yet their last annual state- ment showed a surplus of over $500,000, The company reported on the ¥lst of December, 1875, the value of real estate owned by them at $460,875. It now appears that this clasts of their as- sets is made up of tWo items—viz.: the building oc- cupted as their ollice, No, 31 Pine street, aud some The first named property could, perhaps, realize $140,000, and there iz @ mortgage upon it of $30 000. The land in the second item consisis of forty-four acres and js part of a plot of 104 acres originaily owned by the company. Sixty acres were sold to tho cemetery company, and tho remainder 18 estimated to bo worth about §300 per acre, or $35,200 in all, There is also @ mortgage on this of $25,000, so that the net reat estate assets of the Security are perhaps $70,000, instead of over $450,000 as reported by them. The amount of admitted assets claimed by the com- pany December 31, 1876, was $2,959,34443. Of this amount $1,633,203 49 consisted of premium notes, Which, it is believed, can only bo used as an offset to the policies on which they are given, -If they are not collectabie it may readily be seen that it will go hard with those who patd all cach for their policies, This same interesting statement showed that upon December 81, 1875, the company had premiums out- standing, uncollected and deferred, amounting to $616,096. ‘This, too,¢n a total premium income for 1875 ‘ot $1,22: Competent persons who have examined this annual report, in comparison with the lately developed facts, pronounce it one of the basest falsifications that has ever been perpetrated in the in- surance business, THE BROCK MURDER. DENIAL OF A WRIT OF ERROR IN THE RYAN- OSCHWALD TRIAL--PROBABLE REPRIEVE OF THE PRISONERS—THYIR ONLY HOPE THE COURT OF PARDONS. Chancellor Runyon yesterday notified Senator Magig and Colonel Abeel, the County Prosecutor, as follows :— “after a careful examination of the case of Uschwald and Ryan Ihave concluded not to grant the writ of error.” And so is snapped the slender thread of hope to which the condemned men ciung so farasa new trial is concerned, Had the application been based on new and impor- tant evidence, instead of exceptions to Judge NDcpue’s charge and rulings, the writ would probably have been granted. As the case stands, the only hope that the prisoners now have is in the Court of Pardons, which meets at Trenton on the first Tuesday in Fobruary. January the Sth is the day set down in tho sentence for the execution of the convicts, but there 13 no expectation that the law will be put into effect on that day. To- aay the prisoners’ counse) will make application to the Governor fora reprieve. This, doubtiess, will be granted. Governor Bedle will probably give the pris- oners tue full pinety days authorized by law. ‘ihis will afford counsel opportunity to put the matter be- fore the Court of Pardons in February, WILL THE COURT RE MERCIFUL? Unfortunately for the prisoners, the public opinion ot New Jersey, and of Essex county, where they be- Jong, is almost unanimously in fuvor of capital pun- ishment for cupital offences, Tho abolishment of tbe death penalty has never been agitated to avy effect Judges and courts, while presumed not to be 1m the loast swayed by popular clamors for vengeance or for mercy, aro, nevertheless, susceptible to the mys- terious influence of public opinion. The prospect, therotore, for a commutation of the sentences of cither Ryan or Oschwald is gloomy in the extreme, STATEMENT OF THE PRISONERS. Over their own signatures the condemned men fur- nish for publication the following statement :— The undersigned, who arc en:irely innocent of the charge for which they stand convicted, think it hard to havo to suf- fer the extrome penalty of the law on such testimony ay ‘was produced on their trial, all of which was puroly cireum- stantial. In the first place, the so ca:led the police station was perfectly ridiculous. At the head of « lino with five or six others and marched into froom where there were some gentiomen sitting. While in this room or in heariug no person either pointed at or said anything tous. The men who wore arranged in line with us were all suapbily dressed, hence the contrast mace Vetween them and ns mado us conspicuous objects, Alter this scene at the police station we were together hand. cuffed then taken to St. Barnabas’ Hospitat and preseuted to Officer Brock. While In his presence Brock did not speak or point to either of ux, nor did he inake any moti ever. In regard to the statemens of Mr. Jobn Fu was $0 vor! his ide “that he could oasily piek ws out of a crowd of 10,000," certainly think this would be a didicult mutter for any man to do, and do it honostly and candidly, especially when the fact 1s taken into consideration that he swore he never saw either of the men before that morning, and further shat ho alone swore the two cea he caught of their features wi each only for an iustant. Fussell also swote that the wh time from which he lett bis bed and went to his wi the two men leaving Bedel!’s h ute. Under the ter of impoas.bil and sw ly identify two strange men whom before as to hon- gatiy give the testimony this did in this case, Although he was so very positive, yet wien asked by eoan: sol if either or both the men he saw coming out of the house wore either beards or mustaches he could not tell whether Bat still he _insi that wo were the two men. Aw for the testimony of tha colored woman, Deborah Dunmore, who claimed to have she committed wiltul perjury and ackuowlodyed it Next the testimony of John Koch and Cyrus Know what to say of it, only this, we were not in tho vicinity of the place whore they swore we were on that eventful morning, and we think we showed this on our trial. As for Koch, no reliance whatever can be placed on what he says. ' Then in regard to the colored poy, Brown, it louks vory strange that he could «wear positivels to the day of the month w one or both of us; yet whon pressed nd he could not tell what day it was or LW As for Reuben Roe, the is cortainiy entirely mistaken in rogaid We were ning, the at it was on aa to Ist day of Aus that morning 1 ‘Tharsday, ax ho James 8. 0 Hy : deliberate perjury from the becinning to the end. Not satisfied with perfuring himself, he brought his mother and Sister to substantiate his concocted story. We cannot tin- derstand how the jury could place so much reliance on the rd we have th testimony on the part of the State and give it so much weight wi circumstantial, and then disenrd the rt of the The remar ¢ by tive learned prosecutor in the defence in Ke, m 2" is, wet majority ot the witnesses Fhe State, In little credit to the testi- waid alibi, although the; Were persons whose characters had never been «questioned. ‘The testimony of Mr. Joseph Oschwald, Sr., an old and re- of this city, was swept asice, and he branded As 4 perjurer. The same brand has been piaced Frederick Oschwald, who slept with his brother Cha: whole of the night of the sad occurrence, Ith placed on Joseph Usebwaid, Jr. and the serv saw Charles at breakfast on the moruing in question, This is all we have to aay, We are perfectly innocent of the fearful erie for which we have been sentenced to death. If we are to suffer the extreme peaalty ot the Iaw on such t is certainly God knows that we are eu- ocent, CUARLES OSCH WALD, THOMAS RYAN. Senator Mazie, Counsellor Morrow and Judge Haga- m: counsel for the prisoners, declare their intention to leave no stone unturned jn the effort to save them from the gallows, Their counsel mutually express their complete belief iu the innocence of the men. “If upon 4 the also been it girl who ‘i tirely | thoy are guilty,” said one of the counsel yesterday, “hey aro the Sharpest, coolest, most systematic aad thoroughly accomplished linrs | ever saw oF heard of.” “SOFT” WEATHER. The streots of New York yesterday were gioomy and disagrecalc indeed, The old hillocks of snow and ice assumed dirtier hues. They became sofer, and tne churning process of the wheels of thousands of vehicles in short odor reduced the mass into tho pulpy Stato of slusi. Broadway, .down town, ned the many other vg thoroughfares were almcet knee deep with this horrid compound. Fine rain 4 wet snow added to the discomiorts, horse cars ero ‘doubled up” in the morning, bu! Ingied out’? in the afternoon. The weather did not wholly the sleigh! The snow oo Ge knee io the Park and on the avenues beyond that the'rain did not injure the footing, but on the contrary improved it It it clears > wo there will be gayer times om the road than have yet been witnessed. CABLE MONOPOLY, ° To Tax Epiron ov THe HeRaLp:— It 1 gonerally the case that monopolies are not de- terred from pursuing their evil ways by threats @f op- Position, and itis sincerely to be hoped that the wise Suggestions you have made to resist the would-be monopoly by the Anglo-American Telograph Company of the entire telegraph business between North Amer- fea and Europe will be seriously entertained, and that the press, bunkers, merchants and general public will speedily unite to raise the funds necessary to lay a cable between America and Europe, The Anglo-American Company have laid three cables between Ireland and Newloundland, and obtainea by amalgamation the French cabic laid in 1869 between France, via the French island of St. Picrre aud Dux- bury, Massachusetts, One of those cables betwe Ireland and Newfoundland has been broken and use- jess for several years. The receipts of that company at the rate of three shillings a word average £1,900 a day—say for 300 days, £570,000, The actual paid up capital is £4,300,000, but the nominal capital is £7,000,000, thus showing a profit of over twelve and one-half per cent on the actual capital, and over eight per cent on the nominal capital. The receipts of this company at three shillings @ word, doing only soventy-four por cent of the traflic, are as great as they wero eighteen months ago at four shillings a word, The reduction of rates from four to three shillings a word was forced upon this company by the action of the Direct Company. Tho capital of the Direct Company is £1,300,000. The following statement regarding this company 18 from the Heratp of the 20th inst. -— ‘The present receipts of the Dire:t Company from mess have, duriog ‘the last, three mouths, averaged. at ease £187,000 per xnnum. Tho expeuses of management and the feats paid to rnmest and otherwise for special Wires and the matutenauce of the Far at Halifax, do not in the aggregate exe: x . - diuesing £7,000 for the intoreat. on the debeuvures, the cove: pany fs.at ‘the present momont earning « net Income of £135,000, sufficiont to place. ten p f of the income to @ und to pay « dividend at the rate of nine per cout per annum to the shareboiders. The Direct Company iv taking twenty-six per cent of tie whole traffic of the At- lantic, although its capital is uot twenty per cent of the ag- greguie capital of the two companies. Here, then, Is an Atlantic cable company, having @ Aacapital not equal totwenty per cent of the capital of the Anglo-American Company, doing twenty-six per cent of the whole trafiic, and that against all the immense facilities afforded to tho Angio-Amer.can by, the Western Unior Telegraph Company. Choup telegraphy between tho United States, and Europe can be secured within nine months hy b- scription bere of $3,000,000 in gold, -and the rates could bo reduced at least one-third for tho public and) one-half for the press. The present government of France has granted to Mr. Pouyor-Quortier, a Senator, very wealthy and owner of the most extensive cotton gees manufactories in France, the priviloze of estab- ishing a telegraphic communication betweon France aud North America, tho following notice of which was. published in August last:— A NRW TRLEGRAPH LINK FROM FRANCE. ‘The French Company of Telegraphy from Paris to New York have announced that a subscription for 63,0 0 shar. of 500f each was to have been opened at Paris un. th 22d inst,. at No, 72 Rue dela Victoire. The object of the society is stated to bo the establishment and carrying on of national telegraphic communication betweon France and. North America, the right of establishing this commani tion having been accorded to M. Pouyer-Quertier by. tl French government. It xppears that i 1387 a cable was ablished Letween Brest and Duxbury, near Boston, bi t the society who owned it sold it ‘wi profit, and since then all the linos that counect Europe an America have belonged to the English companies, It is stated that the interests of French commerce and outside relations necessitated the proposed line. The French com- ixo the most proitable results, and state that 09,0008 worth of stock taken they can establish the line during the coming year, but @ few woeks after their organization. The directors are named as follows iM. Pouyer-Quertier, formerly Minister of Finances, Senator, Prosidont: De Dompierro D'Hornoy, Vice Admiral, formerly Minister of the Navy; Count d’Hes= el, Senator; Court de Valon, Ucneral Councillor o! the Kure Marquis de ts Rochelam vert, Chevalier of the 01 lOnor 5 oun mmbertye ; G Giloer of tus Legion of Honor, and De Ghouvin, eleoteieioe: I had several conversations with M. Pouy Quertier iast winter on this subject. He informed me that he with nine of hia friends, all very wealthy, bad agreed to furnish tho requirod’ capital, but the gov- ernment were unwilling to make the grant amo- nopoly and insisted that {t should be open to public subscription, He also told me that a maximum tariff was fixed by the government much below the tariff of the first French cable, which was $7 50 per ten words, and that no salo to or amalgamation with any ovberAt- Jantic cable could bo made, I have reason to koow that if $3,000,000 be subscrived forthwith in the United. States to tho stovk of this proposed compauy, tho cable from Brest to St. Pierre, aud thence to New York, will be Iaid within the coming year, and the rates wil be reduced at least thirty per cent. Tho direct cable to France would save the transit chargos of the British telegraph and of the Channcl cables en all telograms betwoon the Continent of Europe and the Caited States, Should this cable be Jaid and the prices reduced thirty-three per gent the amount to be paid for cable despatches jor ayear would bo £504,000, instead of £757,000 for the present year, caloulating for the same number of despatches; but surely thero would be a matcrial increase of despatches in consequence of the Teduction of rates. Grant to the Anglo-American Company one-half the despatches and to the Direct Company one-fourth and to the French Company the other fourtn the account will stand thus:— Caprtat, Receipts. Ang'o-American... £7.000,000 254,000 Direct Cablo Compan: 1,300,000 125,000 French Cable Company 00, 000 126,090 —Thus the Anglo-American will carp 3 6-19 per cent and tho Direct Cable and French Cabie each 9 1-10 per cent. It is very evident that the reduction of rates ‘will s0 increase tho traMe that the receipts would soon show a profitof twelve percent per annum, and it would greatly increase yearly. Would it not be weil for the press to moot with the bankers and principal merchants to discuss this qnestion and to correspond with Senator Pouyer-Quertior with- outdelay? Yours, W. C. BARNEY. AMALGAMATION OF THE CABLE COMPANIES, The following, in reply toa letter signed Mf." ade Vocating a working arrangement between the Direct United States Cablo and Ang!o-American Cablo Com- panies, appears in the London Times of December 2: —Your correspondent “M." argues more Ingen- jously than correctly respecting a disiinction between an amalgamation of the two itiantic cabie companies and a permanent working arringement between them- selves, As fur gards the public, however, thoy are the sane, for (he eflect 1s to keep up rates by putting a ond to cither of the companies endeavoring to obtain the good will ot trausmitiors of messages by a lo) tariff. Indeed, t may go further and say that amalzamation would be preierable to a joint working arrangement, for the one would reduce work. ing expenses, whereas tte latier, as your corre- Spondent points out, would, without’ effocting tuis ob- ject, mcrease the cost of transmission of messages by putting av endtorebates. The Direct United States Cable Company has one cibie streiching trom Ireland to the United States and touching at Nova Scotia, the Anglo Company has one cabie trom Frauce to the United States, touching at St. Piorre, three cables be- tween Ireland, Newfoundiand, and a number of cabies between the latter island and Nova % Owing to Anglo messages b to pass over an ex- tensive system Of land Hines a messuge between New York and Londoa vau be sentin a shorter time over the Direct cable than over the Anglo cables, The Direct cable, althongh laboring under the disadvane tage of having only oue cabie, and although tt has not had time for full development, haw already obtained an average of twenty-ix per cent of the gross receipts of both companies. No Atlantic eable company requires more than two. cables; a'l bee yood that number are superiiaous. What the Direct Cable wants is @ second cavie. With it, it can hardly ‘be doubted that 1t would have one-hal! of tho gross re- ceipis of Avantic Telegraph, and on the whole of ite then_capital would be abie to provide amply for 118 working expenses and its reserve fun, aud pay a hand:ome dividend to its shareholders aud maintain a moderate tariff. It ts true that the dividend on the enormous capital of the ott company would in thia case be small, but this would be the fault of those who more than double the real capital of that company by unremunerative expenditure und Paper issucs, The cupital of tho Direct company was origivally = subserived for the purpose of putting down monopoly rates, calculated to pay dividends upon £7,000,000. There are in America and England numerous senders of iweszages to whom the difference between low and high rates 18 a difference of os | thousands per annum. A working arrange. ment, therefore, between the two companies, with @ view to keep up rates, would incvitably iead to the formation of & now company with two cables across the Atlantic and a capital of avont £2,000,000. This new company would not only be a great boon to the public, bat would rendor tt impossible for the joiat companies to pay anything beyond a nominal dividend upon the capita! of the svill iurther amalgamated uo- epee Taking into consideration the strong prob- ability of a working agreement leading to the forma tion of a company, I question whether any person With an intention to do more than sell bis shares in the Direct company at a profit woud advocate such an arrangement. The participa- ton of the Direct company in tne gross receipts of the Avglo company during a temporary interruptio: owing to breakage, is ail that tho Dircet United stat Cable would receive for tying fiself to a company which must be ruined if new Atiantic company be formed, and for agreeiug to limit {is shares in tho traffic to a percentage calculated on its present cart ings only. Even assuming that the Direct company intends to lay down a second cable and to compete tor one-hall of the gross traflic, this advantage would be bought at far too high acost, {t may be asked why on the certain prospect of ruia in thé jong ran by entering into a working arrangement with the Anglo company, #0 many of the shareboldors of the Direct Company are iu fayor of so suicidal course. The reason is a number of speculators iu the city bought up shares of the Direct company at alow Brice, id they Janey that if a working arrangement made the public, who seltom jook at eventual re- sults, will take thom off their hands at an enhancod price, This was what happened about two years ago when the Anglo and the French Cable companics ited, and when, notwitistanding an issue of above £2,000,000 of paper capital, the speculators Were able to sell out at nearly par tho watered stock of the amulgamated companies, The stock 1s now quoted at about sixty. Not only, thoretore, were Wansmitiers of messages sullerors by this (CONTINUED ON NINTH PAG)