The New York Herald Newspaper, December 29, 1876, Page 3

vy RAPID TRANSIT, ' Hopeful Guarantee of Speedy Up- town Travel, THE SUPREME COURT'S DECISION. Constitutionality of the Rapid Transit Act. THE GILBERT PLAN INDORSED Public hopes of eventually obtaining rapid transit in this city have received new inspiration by a de- cision rendered yesterday in the Supreme Court, Gen- eral Term, upon the application to this Court for the appointment of commissioners, pursuant to the report of the Rapid Transit Commissioners, Juage Brady wrote the controlling opinion, which is concurred in by Chief Justice Davis, A dissenting opinion was sub- mitted by Judge Daniels. The following is Judgo Brady's opinion :— OPINION OF JUDGR BRADY, Tho Gilbert Elevated Railroad Company was by its charter authorized to build an elevated rosa according to the plans therein designated. Tho charter passed in 1872 was amended by acts passed in 1873 and 1874, but the principle of construction was not changed in Feapect, It is clear, therelore, that until the pas- wage of tho so-called rapid transit act of 1575, if the company constructed any road it would hecessarily be upon the plan known as the Gilbert Elevated Railroad; but the franchise was secured and could be employed in the manner designated, The company, in other words, Was created with all necessary powers, none of which were warped or destroyed. lt was an existing company, requiring no further legislation to give it either vitality or the necessary authority to carry out the purposes of its incorporation; {t was Intact and a power. The thirty-sixth section of the Rapid Transit act recognized this indirectly, It Provides that whenever the route or routes deter- mined upon by the commissioncrs to be appointed, comeide with the route or routes covered by the charter of an existing corporation jormed tor the pur- pose provided for by the act, such corporation should wo the like power to construct and operate such railway or railways upon juili!ment of the require: ments and conditions imposed vy suid commissioners aga corporation specially furiued under tho act, pro- vided such corporation had vot rorieiied ite churter or failed'to comply with the provisions thereby requir- ing the construction of a road or rouas within the time prescrived by its charter. The evident de- sign of this provision was to. prevont any conflict between existing but unexe- cuted charters und companies to bo formed under the act, and at all events to secure to the people the advantages of an elevated road over the route selected, lt the chartered company chose to adopt the route thoy could do it by virtue of a quasi prior claim, founded upon a vested right, and if not then they abandoned the opportunity to avail themselves of it aud another could use it. bey were not to be per- mitted by a claim only to prevent the consommation of rapid transit, which was the chief object of the act, It.conierred the right to adopt the model prescribed by the commissioners to be appointed, and upon tul- filment of the requirements and conditions imposed by them. It was nota right given to create or construct aroad or railway, for that had already been grantea und secured by the charter of the company, but to ex- erciso the right in a manner other and different, it might be, ta model from that required by its charter. It authorized achange in engineering and in the me- chanical details of the superstructure if the company complied with the conditions lawfully imposed by the act, and though magaified in| supposed fatal de- parture from the original charter, because of a sup- Posed conflict with the provisions of the constitution, 1 ts in effect nothing moro than this. ‘The act of 1875 is not a local act; we have so do- declared, Tho charter of tho Gilbert Klevated road was predicated of the general laws with which it was required to comply. This general act, tho so-called Tapid transit act, recognized tho existence of the com- ny us already suggested, and by a general, not spec- jal provision, protected it against the conse: which might ensue if tis existing authority, i constitutionally conferred, was by conflict endangered or interiered with, and to make its oxercise certain tended to it the rigkt to accept the route establiisi ‘by the commissioners in compliance with their re- quiremente. ‘The effect was not to change the entire character of the trauchise, It wasto be an elevated road, though different perhaps in its consti ion, mode of transit and propelling power. The Legisiature had reserved to itself, by section 10 of the act ot :n- corporation, the powor to alter, amend or repeal the charter, and had tne undoubted right, therefore, to make such modifications in the structure as were deemed essentia! either to the public safety, the better Preservation of the riguts of the property owner or the more successful accomplishment of the end in view by the act of tncorporation. Tho question as to such er bas been considered and passed upon, * * * The change from a tabular to an open or ered railway would be within this powor. It would fect the model to be employed und the mode in which the frauchise was to be consummated, but not otherwise. The right to the benelit und advantage of the result would be preserved, and the franchise, therefore, heid intact. The legistatures have in many instances made substantial changes or modifications of existing charters by which new elements were introduced, new feutures engrafted upon them without violating constitutional provisions pro- hiviting mew creations of a kindred cbar- acter. * * * The provision under discussion in the act of 1875 is not an amendment of the Giltert Elevated Ratiroad act, The effect of it, so far as it relates to the company, is to declare the route it nay employ in the use of its franchises, It neither changes its character nor enlarges its power or franchise. {t recognizes the rights of the company as an existing ope by a general provision and protects thei, aud by joing prevents a conilict which might otperwise rise from the exercise of these rights secured, as sug- gested, by the act of incorporation und those amend- Atory'therco!, 1b does not purport to bean amend- meat of the act of incorporation in terms or in effect, It is a recognition, and not a creation, in substance or efiect. The body of the tranchise rematus the same, al- though tho mode of its use has boen changed ia sume respects, This =. the Legisiature reserved the a nd Ohio, to ¢ proposi- tion that the act of 1875 relating to the company wat o the constitution, In Atkinsou vs Tue id Cincinnati Raitroad Company, 15 Obio State Rep, 21, which ts one of these cai the Court, under a constitution which dec! that the General il pass no special act conferring corporate power, heid that as the charter ofthe Marietta and Cisciunati Railroad Company did not authorize it to mortgage or seil its corpor. ate franchises, a judicial sule upon « murtgaze exceuted by 1 would not invest the purchaser with apy corporate capacity whatever, aud tuata special act of the Geueral Assembly undertaking to give cifect to the sale and authorizing the purchasers create a ne jock und — elect of trustees, was in substance and effect an aitempt to create a corporation and to confer powers by aspecial act, The answer to that is thatanact of our Legislature, containing by nd. nt authority to sell the franchise, rights aud priv- floges of a railroad corporation and to invest the pur- Chasers at once with them, was he!d not to be repug- Bant to that provision of our constitution which ue- clares that eergorer as might be formed under gen- eral laws, but should not be created by epocial act, ex- cept ior munitipal purposes. 1t was eaia by the Court that the act was a continuation of the rst corporation, although by the sale the company was organized anew by choosimg new directors and by changing ite namo. * * * In the cage of the State of Unio vs, City of Cipoinnats, 20 Ohio Stato Kep., 18, aud the other cases referred 10, it uppeared that the General Assembly by an act pussed by them assumed to confer upon the corporation of Cieimnati additional powers, On certain conditions the act purported to conier the powers of political regulution and of judicial jurisdiction and taxation aud ‘& number of outlying incorporated sand ower territory not betore of the city, and it was declared re- 1ons of the constitution probit. passage of & special act covterring corporato e statement of that case shows that itin 4 corresponds With this. The act was a fla in the case of ex 30, 1 appears that 1. Ww incorporate oflice Of police 0 Fi rant violation of the constitution. 4¢ Samuel Fritz, 9h Lowa Rep. deca special laws for the meorporation cies, end. sowns were prohibited by the consti- tutiom of the State, Thero are many suggestions ag tot thority of tae Lexisiuture to amend an act the passage of which would, under the existing con- sULutION, be prob ivited, but (he act, so fur as revoaied in the caso, was an attempt not to create or incopurate one but to change tbe judicial system of one in exist- with vested rights. The caso is an wutbority for e the State in which it decided, It can bave no | extra territorial force ‘¢ in a controversy presenung sabstantially the sam ments. 46 must be borne in mind other, the original uct wi Here there 1s 10 amendment un must also be kept in view that by a well established rule in this State an uct of the Legisinture will not be declared unconstitutional unless it is cleuriy repugnant to some provision of the constitvtion. The tides evident, too well settfed to require the citation of casos lo sustain the assertion that it isso, In this taso the clear Violation of a coustitutional provision 18 not only vot shown, but it seems Lo be clear upon gen- erai principles and adjudged cases that none has veen | committed, Having arrived at these conclusions which cover the Vital questions in this matter in my judg- ineat | cannot concur with Justice Daniela. We aifer too mucn in our View to Inake A concurrence possivic. Rupid transit, 1¢ may be said in conclusion, is one of the objects of our municipal Hfe which our people regard a8 Of great importance, It invoives a pabiie im- provement, and puviie improvement aways iavolves Prcrifice, ‘The greatest good of the greatest number i jastly the grand purpose of good government, and the comparauvely few who ure injured are required to submit to the faws of their rulers. It is the conscious- ness that there are some of our people who by the construction of the Gilbert Elevateu road as contem- ty injured, if not ultimately, as i inni which makes the considera ry leasaut duty and improsscs NEW YORK HERALD, FRIDAY, DECKMBER 29, 1876. conviction that if means to award ample compensa- tion to property owners along the road bad been oq vided our sense of justice would bave been gratified, The law as it exists does not require this from the company, and this Court can neither legislate nor undo legislation which does not conflict with the pro- visions of the constitution, and when called upon to declaro whether an act of jislature is or 18 not valid, must be gor ed, it is, by the principles ap- plicable and contr: ra follows from these views ‘hat the application should be granted. DISSENTING VIEWS OF JUDGE DANIELS. Judge Daniels, in an elaborate dissenting pee holds that the company’s power to acquire the lands ip question depends upon its power to build 4! ‘uc ture ‘or the purposes for which 1t was incorporated, I it is unable to build that structure or does not rad to without public e company was to Gil- do so it Yaa no right to take property por The franchise granted to t railways accordin to build tabular ways batiding upon their own lands but’ upon tI streets used by a lar; ion, whi rights need right to take land for the specific purpose for which it was incorporated, and so far as any new power is granted by the act of 1875 it ia nugatory unless it com- Plies with the new constitution, as much it this were a new company. It is the grant of new power to which the constitution 18 directed, aud to obiain such hew power the company must comply with tho con- stitutional requirements and obtain consent in one of two method: ae out by the constitution, The decision calis for the appointment of commis- sioners, who are to beappuinted on two days’ notice, WHAT DE, GILDRRT SAYS. Dr, Gilbert, who has given many years of unwearied exertion to the work of securing rapid transit for this city, said to a Henatp yeste! :—"The Huated bill passed in the session of 1875 leaving tho question of rapid transit open so as to admit of build- ing aroad on the cheapest pormble scale, My plan was to croct the columne of the structure on the curb of the avenues and streots aud that would have in- volved a considerable expense, butit would have been exceedingly complete and even picturesqua Tho Husted bill permitted the pillars to be planted im the middle of thestrect, and this was, of course, a temp- tation to capitalists to invest in the enterpriag, as it imyolved so much less apparent expense than hyp oar it after the manner of my original design. ‘That design was approved by the best engineers in the country, and though to all ap- pearances expensive, was really less 80, 11 one sense, thau the present, which 1s being carried out on South Fifth avenue, The decision of the Court gives us a prospect of being able to carry out the original plan, as it declares that the Rapid Transit Commission bad no right toalter it, Weshall need no additional legislation,” Dr. Gilbert has a strong fatth that bis scheme of ripid transit will be carried out fully and eflectively, and that the city of New York will soon rejoice in a method of intramural communication superior to that of any city in the world, BOARD OF ALDERMEN, A RAID ON THE GENERAL SESSIONS PATRON- AGE—DEMANDING ONE HUNDBED THOUSAND DOLLARS FOR THE POOR—HEAT THE CARS. A regular meeting of the Boardof Aldermon was held yesterday afternoon, with Mr, Samuel A, Lewis in the chair, A resolution was offered by Alderman Purroy taking away certain-patronage in the shape ot appointments of attendants at the General Sessions from the Recorder and City Judge. Notwithstanding the objections of some of the Aldermen, the resolution was adopted by a vote of 14to 6, It 1s understood tat this resolution only affects the appointment of some few of the employés. The others cannot be interfered with except by the judges, as State laws govern the matter, HEATING THE RAILROAD CARB. Alderman Cole offered a resolution calling upon the Ratlroad Committe to report at the next meeting their action upon the proposition to heat street railroad cars during the cold weather, Passed. APPKOPRIATIONS FOR THE POOR, Alderman Gross called attention tothe resolution sed by the Bord of Apportionment refusing to donate $100,000 for distribution among the poor. He Teflected upon Mayor Wickb: ‘8 “legal but er resolution, ’’ defonded the Aldermen against the charge of squandering public moneys, and said the benevolent societies could not reach more than one third of the distressed. Considerable discussion arose upon the ints put forward by Alderman Gross. Messrs. How- jand and Hess could not endure the attack upon the Mayor. A resolution offered by Mr. Hess was finally adopted requesting the Board of Apportionment to set apart $100,000 from the estimates of the Commissioners of Charitics and Correction for the support of the out- door poor, A committee consisting of Messrs. Parroy, Gross and Hess was also appointed to wait upon the Board of Apportionment and urgo this measure upon the members. A VETO. Mayor Wickbam sent in a vetoof the resolution [emery by the Board providing for ‘ment of a num- er of attendants of the late County Canvassers. Tno veto went over under the rules, OPENING GAS BIDS. The Gas Commissioners yesterday afternoon opened the following bids for supplying the city with gas during the months of January, February and March, 1877:— 1877. 1876, Per Lamp for Per Lamp for Bidders. Three Months. Four Months, Manhattan Gas Compnay.... 50 $9 New York Gas Company... 7 50 9 00 Mutual Gas Company. + 9 00 12 00 Harlem Gas Company. 10 59 ~ Metropolitan Gas Compapy.... 9 OU 14 00 An increase upon this year’s prices of $3 per lamp 1s asked by the Manhattan and New York com- panies. A decrease of $6 per lamp appears in the estimates of thé Metropoiitan Competes In com- papkordd with the bids recently put in for lighting the mps for one voar, which were rejected, the Man- hatian and New York emeepen ee rates ure $2 50 per lamp as against $3. The bid of the Mutual Company is similar; that of the Harlem Company ts forty ¢e! per lamp higher than asked when the first proposals camo Ip. The Metropolitan Company is thirty-three and one-third cents higuer. 5 RAVENSWOOD'S GAS. The Citizens’ Gaslight Company’s works, at Ravens- wood, were sold yesterday by the receiver to Mr. E. B. Litchfield for $5,000, who besides assumes mortgages will be formed, to be known as tho City Gaslignt Com; with Mr, Litenfeld as manager. etd SMUGGLED CIGAR SEIZURE. Private information reached Captain Charles M. Brackett, chief special Treasury agent of the United States Treasury Department in this city, that a large. Joe of cigars would be smuggled into this harbor via steamer from Havana. Acting upon the advice Cap- tain Brackett, accompanied by Inspectors Jackson and Dodge, of bis staff, watched th: the steamship Colambia, Captain Reed, and as sho steamed into the barbor the Troasury officials boarded Der, in company with the Custom House officers, and femained on board, apparontiy inactive, until the lines were made {ast to the dock, Af- rs had been discharged Cap- raered thorough search of 1,500 choice cigars was seen secreted in the ice box and banded out, Stimulated by s 88, the officers pushed their search turtber and orde: coal in the bunk- ers to be turued over, when al were found hidden under the Back of she engine, behind the li bag was discovered containing more choice Havana regaiias, In other parts of the vessel cigars und cigarcies were discovered and taken pos- inted to sesion of, Tue seizure in the aggregal ou Dinety-lour apd one-half boxes of cigars and 306 bundies of cigarettes, all of which wero turned over to the cus- tody of Governor B. G. Nobie, in charge of the seizure room, Captain Reed, commanding the Columbia, was in- terrogated as to the illicit traffic, aud denied any knowiedgp of the goods being on bo rd. It is but jus- tice to Mato that Captain Brackett fully exonerntwes Captain Reed from any guilt in the matter, Alter the oftivers left the voasel the curses heaped apon them were loud and deop, The monetary value of the ser gure, amounting toabout $4,000, is net so important as the moral efiect upon the smuggicrs. THE RJUKAN'S CREW. Seventeen of the crew of the Norwegian ship Rjukan arrived in this city yesterday at tbe office of Mr. Christian Bérs, Consul Genoral of Sweden and Norway. Those of them who had lost their clothing were provided with what they needed, and subse. quently lodgings at red for t! + the expense of the Consulate in Carlisle stree! Consui paid the men their wagos, the amou: bursed aggrega' about $270, A POOR ALMSHOUSE. A meeting of the Kings county Board of Charity Commissioners was held at the Flatbush Almshouso yesterduy. Jt was reported that the Almshouse was overcrowded and some of the inmates were obliged to sicep on the floor, and that additional facilities for egress were needed. The Supervisors were notified, THE RAILROAD SHED HOMICIDE, District Attorney Downing’s oMfoers succeeded y terday in finding a witness who was passing by the freight office of the Long Island Railroad Company between the “hours of three and four o'clock on the morning that Tatt was shot by the watehman Ryer, The witness beard the men quarreiling, and shortly after heard the report of a pistol. Fearing that he ould be locked up .as"@ witness.he Kept out of spi STAY, PERSONATING THE SAVIOUR. Strange Story of a Man Who Signed a Holy Name BEWARE OF THE TENTH QF MAY! Clothing Clerks Scoffed Not, for He Paid His Bill. THE BARBER MARVELLED GREATLY. —__—_+——— “1 am the Lord come to earth for the second time,’’ id, ‘The young man tying up the bundle of clothing just purchased by the speaker stopped short in the act of breaking off the twine and stared open-mouthed at the man. “Yes, my friend,’ he solemnly continued, “I am He, be not afraid, 1 came to preach the word and save mankind. Beware of the 10th of May,” The person who uttered these remarkable words was aman of about thirty-five years of age, of medium height and build, with light, silky hair, cut rather long, a tuick, dark colored mustache that had evidently be been subjected to the dycing process, sym- pathetic blue eyes, a clear cut nose, a face somewhat pale but expressive of deep thought and earnestness. A slight Teutonic ac- cent marked his voice, which was low, musical and impressive. He was tastotully, but not expensively, dressed in dark clothing and beaver hat. His manner was solemn, yet kind, and his bearing. and address thoso of an educated man accustomed to good society. A settled resignation, commingled with mental troubles, was particularly noticeabie in his expres- sion, In hishand he held a largo roll of ten-dollar bills, which he was lightly fogoring when he uttered the words that caused the hair of the astonished clerk to rise in wonderment. “TAKING HIS WLABURE.” ‘The scene was the store of Freeman & Woodruff, and the time the afternoon of Thursday preceding Christmas, The man had entered fifteen minutes be- fore to look at somo clothing. After scrutinizing a number of articles he said to Mr. Rogs, the salesman, “1 wish to purchase an ovorcoat,”” A number were shown him, which after a critical examination, he rejected as not suitable. At last a blue chinchilla, made in the latest style, caught his eye, and laying bis band upon it he said, ‘‘This will answer my purpose. Now,” he continued, ‘1 want to obtain a long black dress coat, cut straight and reaching below the knees,” After some searching tho clerk informed him that the stock of such goods wasexhausted. ‘But 1 must get one at any price,” replied the man, Then suddenly stopping and placing his hand to his head as ifcommuning with himself he solilequized slowly, “I must please my father,” Mr. Ross thought it strange that a man so well ad- vanced in years should be under such strict parontal discipline, but said nothing. FINE RATMENT. ‘Unable to find the dross coat desire the man ad- vanced to the showcase and asked to see some gentle- men’s underwear. Accordingly shirts, drawers, ueck- rit nd gloves were shown him, and from the stock he selected several urticies, driving in each purchaso aclose bargain. His language during the transaction wus strictly of a business nature, and he appeared to Know the value of goods accurately. Forty-one dollars and a quarter,’’ said tho clerk, rolling up the articles, and the man, taking from his ket a roll of green! 8, said, ‘Make outa bill tor he oe! “What name?” asked the young man behind the counter, as, pen in band, he stood ready to comply. “«T will welte it tor you,” was the answer; and the stranger took {rom bis purse a small piece of brown aper on which ho wrotea name, It looked like Louis Crist, ‘and the clerk, 80 reading 1t, wrote out tho bill to “Mr. L. Christ” and handed it to the purchaser, MAKING OUT & STRANGE BILL, “You mistake mo, my fricz” said the mau, slowly, ‘my name is not Louis, it x. Jesus Christ." The young man glanced his custou-r's face, but u ‘was. vothing tn it to indicate that the an was profaning a sacred His lips were co: epsed and his countenance grave. The clear and intelligeot expression of bis eyes banished all thoagat of his bo- ing of unsound mind, so the clerk—marvelling much atthe recarrence of the Divine name ina person of the present day=proceeded to amond bill and han to bis Customer the following :— New York, Dec..21, 1876 Mr. J. Christ, To Freeman & Woodruff, Dr, collars, ies and kid from the astonishment caused by the of the purchaser, and satis- the subject of gion, the counted over the money and ighiy hopored,’” sanity clerk remarked, as hi found tt correct, +1 yo “for | come from my tat pressively, ‘‘you will have causo to remember my presence here on tho 10th of May next.”’ JUST WH AK SHOULD Go. “Why so? What will bappen then?” asked the clerk, {aterested in the manw hailucinatios “that l 06 permitied to state,” he replied, “but remember tue day, treasure it in your mind; and wheo it comes, you and all will havo reason to think of me and my prophecy.’? The other salesm here gathered around the strange ma’ lighted up with enthusiasm os Be proceeded Scripture is faliilied; the Son of Man Iwasonly a poorsinner when my father called mo tosbe mission, and lam now engaged in his wor! From hero I go to Chicago, and alter warning and deoming the people of that city, I shall go to San Francisco,” BAD YOR CERTAIN SECTS. $t suppose you will call upon Moody and Sankey tu Chicago,” observed one of tis listeners unwilling to dispel the pitiable man’s delusion. “No,’? he answered, “they are not my Father's children, The Church established by St. Peter is tho only true one; yet would not have you infer that those belonging to all denominations are to be damned, for | exclude the Greck and the Episcopal Churchmen, who come within the pale of the Catholic Charch. for the Methodist, the Presbyterian, the Baptist and the Dutch Reformed chui "he said, shaking his head in sorrow, ‘they are lost—iost forever." ¥ In this strain the man continued for some ti quoting Scripture and exhurting bis hearers to Speedy renunciation of their evil ways On leaving ‘the scene he walked in the direction of the Battery, and the incident aiter a few hours’ conversation out of mind Who ther. unfortunate de- mented friend really was they could not guess, and whither be was bound was likewise to them auknown, BY THE KILL Vox KCL On Tuesday afternoon iast Miss B—— wat reading by tho window of the cosey cotiage of Danie! Pelton, fronting the Kill Von Kali, in West New Brighto The sky was overcast and a storm wo minent T ing O| the biting wind, comin, jh force from tl isturbed waters bear by, ina few pedestrians unfortunate enough to’ be on the highway buttou their coats more tightly around them and walk moro briskly to keep wartn. Miss B— was, therotore, very much astonished to sec a clean-shaven, medium- built mau of about thirty-five years of age siop directly im fropt of her window, rei ind piace his overcoat upon the ston yt je, and then harry along in the freezing air by the rel bank. twentary glance Was all sho caught of him, Mr. Pelton, to whose attention she called t tunce, hastened out to investigate the man peared. ‘he coat was a new blue chinebilla, PINDINY A CLEW. Having placed it in his house Mr, by the ri for a considerable that the owner was about to co by throwing himself into the water, it @ caroful search showed that be took no Mr. ash in the police and ye house the coat was ¢, who found in the ‘ked respectively, L. @ HenaLp of Lecem- lovember 4, two cigars covered on both sides examined by Berge kets two bandkerchiels, wis and L, Dandt, a copy ber 26, un illustrated weekly and @ piece of brown pa ‘with writing iliegtbie ta 801 j.& receipted bill for clothing, made out to M Christ. CURIOUS MEMORANDA, The writing on tho brown paper read as follows :— The ition of the marriage is that tn Re virgins Viet ingips are the condition of Po) Pac IX in aecordance wish the holy laws end command: ments entablished by St. Peter. In another corner was the following :— . Martin romised on conditions. Iam tired of the agency ond FaRi sowie nape The word Is ia my heart avd—yet. Then followed a sumber of ni could be tr: Ida Myers, Misa N Healy, Miss alulford ana Rev. Mr, Mrs. Bolding, RVIDENTLY FROM PHILADELPHIA. Opposite each other, with « line drawn vertically between, were on one side the words, ‘*Presby teria Method Lutheran, Baptist and Dutch Keform, and on the other, “Roman Catholic, Orthodox Greek and Episcopalian.” Written near the corner was ‘No, 1,042 North Front street.” Taking a fail description of the person seen to abandon the garment Sergeant Lag! sent out a al alarm and also placed detectives track, ranger had been seen on Davis avenue, in West New Brighton, taiking to some boys, early in the afternoon, and, following up the clow, they traced him toa grocery on that street, kopt by a Me, Capanenem, r SHAVING A LONATIO. among which igs Rourk, Mise Treasurer, William L. Jenkins. ‘the nearest barber shop. He left without asking any other questions or making apy remarks, There was nothing in his appearance to indicate ders ment. He was next t to the barber shop of Mr, Smith, on Davis avenue. Hoe entered that place about one o'clock and asked to have his mustache shaved off: During the tonsorial operation he frequently spoke of his Father in heaven, and warned the barber to repent for his sins or he would be damned. A CONSCIENTIOUS BARBER. “I thought he was a clergyman,” said the barbor in relatingthe story to the reporter, ‘the seemed to know so much about the Bible, He told me that he bad not bad @ place ou which to lay bis head for five days. lasked bim why he had not gone to a hotel, and he replied that be was undergoing re ce. Ho had plont7 of money with him and alt had shaved off Lis mustache he wanted to pay me a dollar for the Job, but I refused to ‘© more than the regular charge. He then asked fc cup of coffee and my wile gave one to him. EVIDENTLY THE MAN OF DECEMBER 21, “While drinking it he conversed freely avout religion and told me to prepare for the 10th of May. At one ‘imo 1 commenced to think that the man was crazy, but he twiked with so much reason that I sct that thoofy aside, and thought that perhaps an earthquake was guing to take place on the 10th of May and that he had somehow got wind of it; but when he said he was the Saviour come to earth tor the second time I felt ‘be man stayed 1® the barber shop nearly an hour, after which he went toward tho ri AN ONJKCT OF SOLICITUDE, This ia the extent of the information thus far pro- cured by the police about the poor, wandering deiu- sionist. How he could have vanished so utterly isto them a profound bas aireagy spread extensively ts of both West Brighton and Port Richmond, many persons tively engaged in looking in every direction for him. That he is possessed of means and education all believe, and no effort will be spared to find him and restore him to his friends or family. THE STARVING POOR THE PRIVATE CHARITABLE SOCIETIES—CASES WHERE CHARITY MAY BE WELL BESTOWED. The private charitable soctoties are daily besioged with applicants for relief, The Assoctation for Improv- ing the Condition of the Poor, the St. Vincent do Paul societies and St. Jobn’s Guild, are doing excellent work for numberless poor families. Whatever assistance is given to the poor at this season comes principally from these. They supply food, coa! and clothing, and in somo cases save the families from being turned out by the landlords, The Board of Apportionment has not yet distributed any of the excise moneys, nor named those societies to which the funds are to be entrusted to be the almonora The following are cases where the charitable may give help to the deserving:— CASES FOR THs Chal Lat, A woman is in distress at No, 209 East Twentieth street. Avother at No, 9 Roosevelt street, Anotber ip the roar basement, No. 310 Houston street, Another,at No, 277 East Fourth streot, first floor, Another at No, 63 Columbia street, rear house, top floor. She has five young children. A family of six are suffering at No, 451 West Fortieth street, first Noor, The husband is sick, A ign of four aro destitute In a house on Clinton, Dear 169th street, Twenty-third ward, + There is @ man in needy circumstances at No, 14 Vandewater streot, A poor crippled widow is at No, 51 Cannon streot, rear house, second floor. A poor man can be helped at No. 154 Forsyth street, rear house, room No. 6, A woman and her five children are suffering at No. 614 West Fitty-first street, second floor, An old lady (eighty-six years of age) can be assisted at No, 402 Kass Twonty-third street, third floor, Asick woman, in distross, is at No. 40 Scammol strect, top floor. ‘A widow, very poor, is at No. 645 West Twenty- eighth street, second floor. She basa largo family of children. A widow and her three children are in want at No. 370 Cherry street, room No. 4, A widow and six children are in poverty at No, 655 Water street, A woman and her five childron aro destitute at No, 124 Eigh' reet, near Lexington avenue, rear house, man and her five children 140 Suffolk street, The husband Sinai Hospita. A destitute woman can be helped at No, 249 Seventh avenue, top floor. She has been sick three months, and has two small chiidreo. Four orphans, who aro helpless, can be assisted at No, 335 West Fifty-third street, tup flooi The wite of a blind man calls for heip at No, 178 Madison street, rear house, second floor. A woman isin want at No. 46 Allen street, bac! basement. Mf A poor man can be relieved at No, 238 East Fifty- fourth street, fourth floor. An old man can be helped at No, 1,519 First avenue, second floor. At No, 630 East Eleventh street, first floor, a poor man, with only one arm, 1s dostitut A wot with a sick husband ts in distress at No, 503 East Eleventh streot. A woman can bo assisted at No! 467 Hudson street, rear house, frst floor, A poor wilow can be relieved at No. 164, Hamiiton street, first flow At No. 35 Vande vater stroet a woman is destitute. A widow, very sick, with two children, aged ten and tweivo respectively, can te helped at No, 217 Mott street, rear house, third floor. A family of seven are destitute at No. 463 Greonwich strect, frént basement. A family of seven aro in distross at No, 461 Firat avenuo, near Thirty-sixth stroes The fathor has been sick fortwo years. One child isacripple. The oldest boy is out of work. THE FOUNDLINGS' CHRISTMAS TREE. large audience assembled at the Catholic Asylum yesterday afternoon, to assist at the Christinas tree distribation. All the ebildren in the house able to walk, numbering 480, were in attend- ance and manifested their delight by irequont ejacula- tions. For the edification of those present the little ones sang and recited various songs and dialogucs, Tife solo, “Chickery, Chickery, Chick,” olicited great spplaase, and tho young gentleman, about four yeurs old, was heartily encored. The calistheme cxercises were admirabla The troe and its o1 sented by Mrs. P. L. Thovaud, presi: Society. Nine-tenins of the presents were colls, some of them very cluborately dressed. Tho exhibition was very creditable to ite sisters in chargo of the asylum. THE ROOSEVELT HOSPITAL TREE. ‘The trustees of this excellent and prosperous instl- tution held its last meeting tor the year 1876 last night. The superintendent reporied that the average daily number of paticnts during the yoar had been 136, of whom eighty-seven per cent were charity patients and thirteen per cent pay patients. The superintendent also reported that the hospital is agam indebted to Miss Anna L. Roosevelt and her friends for the Christ- mas troe, with gifts for overy patient and uurse in the house. On motion of Mr. Royal Phelps, seconded by Mr. Edwin Clark, it was o in poverty at No. nick in the Mount MeKim, in th in presenting @ multAble presents ior each patient und nurse in the institution; ard that the thaks of the Board be and are heteby tendered to Miss Rouseveit und her aysociates therefor. “Resolved. That a copy of this revolution, signed by the re resident aad secretary, be communtcgted to misses 1.0080- Voit, Rutherford and McKim. LIGHTING THE CHRISTMAS TREE. On Wodnesaay evening, while Mr. Augast Do Jonge and his family were enjoying themselves with a Christ- mas treo at their residence on By rect, Stapleton, the tree came in contact with a gaslignt and caugot fire, The tlames commanicated with a window sha and thence with some valuable of! paintings apon walls, which were dea together with portions of tho carpets. The o by fire aud wi was about $2,000, covered insurance in the Cana German, Brit American and Hartford companies. MARION’ (WATCH) MEN. The employés in the Marion Watch Factory, Now Jersey, assert that their employors owe them $15,000, and that for the week ending December 16 there was only $120 divided among tho ninety hands employed, which would, of course, give eagh only a ridiculously small pittance on which to live, Hence they are on the verge of starvation, A HxnaLp representative yesterday visted Marion and found the factory to all appearances completely idle. Mr. Wright, one of the firm, found in the office, aud said that for eight years they had paid ther employés Le gi their ‘expenditure averuging $35,000 per jth, but in Sep- tember, 1873, they. suffered from and from that dave bad no regula only enabied to give their,employés a portion of their wages. Mr. Wright produced bis accounts to show that until recent; instalments bad been con- siderable. . Ho den! at there was $15,000 due the employés; he believed that loam than $10,000 would cover the indebtotness of the firm in this respect. Thus are presented two sidos of @ story attracting some attention in New Jorsoy, THE CHILD PROTECTORS, The following namod gentlemen were yosterday elected officers tor the ensutng year of the Society for the Prevention of Cruelty to Chilaren:— Prosident, Jobn D. Wright. Vice Presidents—James Brown, Jonathan Thorne, Robert L. Stuart, Fredoric De Peyster, Honry Bergh, Ja Stokes, Theodore Roosevelt, Samuel Willetts, Lowis 1, Dolaileld, Benya. min D, Hicks, Bo: { Managers—Lenjamin H, Field, Benjamin B. jan, Thomas ©. Act Sineluir Tou. sey, Charles Haight, Jobn Howard Wrig Haines, Wi) . Wobb, Wiliam H. Guiop, Adrian Inelin, Jr, ; Harmon Hendricks, A. C. Kingsiand, Jt.; Wilson Powell, Nathan ©, Ely, Jacob W. Mack. cr —Lewis L. Del- ART MATTERS. The “Art Album” at the studio tn the Hebrew Fair, at present in progfess at the Masonic Tomple, are sketcbus by nearly all the best Known artists resident in New York. Most of them 'y characteristic of the easels they represent, and attract a good deal of attention. David Johnston bas just finished a very pleasing landscape of considerable power. It represents a bit of water in a wood, which is painted with feeling and strength. A novel feature in this artist's works 1s the introduction of figures which wo notice In this canvas forthe first time. The eilect is to clothe the otherwise somewhat sombre bit of landscape with human interest. Wiggins, who promises to develop groat strength, has put the Onishing touch on a winter landscape which is full of sympathy with nature in her frozen mood and compares {avorably with the best work dono in America in this class of painting. SNEDBCOK’S GALLERY. Mr. Guantley, a new man, has on exhibition in this gallery a smal! marine which ts full of promise. It shows freedom in the handling of the brush and power of painting moonlight scones without sacrificing truth to sentiment, GOUPIL'S GALLERY, An American artist, H. W. Robbins, bas on exhi- bitvion in this galiery a very remarkable work which Tepresents “L’Aiguille du Mids,”’ which must recall that imposing tandimark to all who have visitea Switzer- land, The contrast of the bright green valleys with the rugged, suow-clad mountain that towers above is very well preserved, and told with a force and freshness that leads us to hope for still better things from the band which painted this strong canvas. ‘There isaclever sketchy work irom the easel of Boldini which will repay attention, Init a lady ia seated on the xrass ia the summer sun, and, though the artist bas only a few inches to work in, bis effects aro wonderfully broad and bis drawing’ marked by freedom and boldness. Blaise Desgoffe is represented by some beautifully painted flowers und objects of art. Bougereau !s seen to advantage in a simple work, “A Mother and Child,"’ The subject is an Italian ono, though, no doubt, the interest will be universal so far as the ladies are concerned, This work 1s distin- guished by its sweetness of sentiment and the beauty and naturalness of its color. i BRIC-A-BRAC BALE. The sal¢ of tho Ingalls collection of bric-d-brac at Clinton Hall yesterday afternoon attracted a consider- ablo mumber of buyers, The bidding, however, was not very spirited, and many curious ovjects have gold at prices jar below their market value, In some in- tances the competition was spirited and good prices realized ag a result, but these instances wero the ex- ception. The salo will be resumed this afternoon, when the most valuable part of the collection will be offered for sale. The Art Journal for January has an excellent stec! engraving of General Stonowall Jackson’s statue by Foley, the Irish sculptor. The face is self-contained and noblo in expression, the eyes evidently fixed on something of moment and the head turned slightly to the right, The weight is on the right leg and it evi- dently boars it, without, bowever, any of the exegger- ated bowing back of the leg or protrusion of calf so often used to express tho idea of firmness. The left hand clasps the sword hilt, the knuokles turned to the front, giving at once an casy turn to tho wrist and a mice chance for the expression of anatomy, The military capo has fallen into the hollow of the clbow, fund thence drapes to the section of stono wall upon which rests the naked sword’s point. The likeness is somewhat too full and round, this departure from the facts being, no doubt, due to considerations of art. None of tho modols sont infor the Byron memorial have been accepted, as not one was judged to be suffi- ciently moritorious. This does not reflect much credit on the English sculptors, A statue of Von Moltke, east out of French cannon, has been ervoted in Parchim, the birth place of the illustrious soid AN ART FIEND, [From the Rochester Exprose, Dec. 27.] Some time after twelve o’oiock last night incen- diaries set on fire and attempted to burn up the great Painting of the Battle of Lookout Mountain, now on exhibition in this city. The tact that the attempt had been mado was not discovered until after ninw o'clock this morning. The incendiaries seem to have used matches in their would-be destructive work and then cut the can’ immediately below the figure of Gen- A hole about twice t! ize of a Man's that point is burne: ir hole was burned at tho right hand \d the canvas charred, and the stubs of ‘uged were found on the floor, Last week ed by Captain Cran- ing, ordering bim to img to burn it ifhe o did not want any more feoling existng against theBouth. Of course Buch an idiotic letter was not heeded, as the painting is merely exbibited as a work of art, and not for cal eflect. Theres no clew to the scofinire! who ses the painting on Ore, THE CIRCUS TIGER TRAPPED. Charles Roberts, ex-circus rider to Barnum, whose assault with a hammer on his wifo onthe 18th inst was published very fully in the Hxnal.vof the 20th, ‘was arrested yesterday on a warrant obtained by his wife from Judga Otterbourg, at the Fifty-sevonth Strect Police Court. He was committed for examina- tion this morning, because his arrest wag effected too Jate tg have Mrs. Roberts in court, Frank Whitaker, of No. 359 Fourth avenue, in whose house Mrs. Roverts was stopping when the assault was committed, statea ‘n court that bis wife had also been seriously assaulted by Roberts with the hammer with which he had struck sho would bo in court tl he accounts published ofthe outrago on Mrs, did not do full justice According to his version Mrs. Roberts et of entoring the basement door on the temple with by husband and knocked sense- the door, which weight burst in. to regain hor feet ho struck her again on the back of the head, and again she fell senseless to %he floor, whore she lay immovable uAtil taken up some minutes alter, Mrs. Whitaker was assaulted when sho rushed out of tho basement to rotect Mrs. Roberts from further violence. The in- juries Mrs, Roborts sustained were considered s0 scri- ‘ous two days later that Coroner Woltman was notified and took her anto-mortem derosition. On Wednesday, however, she had so far recovered that she appliod tor the warrant on which Roberts was arrested yesterday afternoon. A suit for divoree has been commenced by the wife, and the service of a notico on tho husband to putin an answer was the direct cause of the assault, MIXED PICKELS. Jacob Pickels, the consumptive tinsmith who at- tempted to assassinate bis wife Mary in Seventh avenue, near Thirtieth street, on Wednesday evening, ‘was committed by Jastice Bixby yesteraay in default of $1,500 bail. 1s wife, a young and rather hand- some woman, appeared in court with ber head bandaged, She stated that sho had been married to Pickels four years. He was consumptive and given to drink, but herself and mother sapported him until bis conduct made it necessary tor her to leave nim, He then entered St. Lake's Hospital, but often came to her mother’s house to sce her, On Wednesday night he called and asked her to go out fora walk. She went bim, ad when tho coruer of Thirty-lirst street bodrew a revolver shot ber, She remembered nothing more until found herselt Ing carried to the stuaion housa When asked ¢ had to say in his own defence ve been ill for a long time, suffe borden. I made up my mind bled from the lungs, I would pistol for that purpose. I was: to my wife when the pistol It was accidental 1 had self last night.” A NEW STEAMER. Messra. F. Alexandre & Sons, the owners of the Havarla Steamship lino, are having @ new iron steamor intention of killing my- among the vessels in the trade. Hor dimensions are:. Length, 300 fect; beam, 33 test, depth, 27 feet, She with be built to y Has # and her accommodat passengers will be ail th: can be expected, She will probably be ready for sea by September next. PROTECT THE HATCHWAYS. Tho jury which yesterday held the inquest on the body of Poter Olsen, who died from tnjuries received by falling through a hatchway at No. 55 White street, December 18, recommended the passage of an ordi- naneo by the Common Council for Dotter protec. tion of hatebways, to g against accidents similar to that which caused Olsen’s death. NORTH CAROLINA'S DEBT, The committee appointed at the recent meeting of the bondholders of North Carolina met yesterday and Instructed the Chairman and Seeretary to notity Gov- ernor Vance of the organization perfected, and to quest him on their behalf to refer to the matter tn his forthcoming message, FELL IN THE RIVER. “Coroner Crokor held an inawest yesterday afternoon upon the body of Daniel Bawley, aged iifty-nine years, late of No, 82 Groenwich st who jumped from the ferry boat Hudson City on 17th inet aod wee | drowned, Verdict, fele de se in 6 At of inannity. built at Roach’s yard, whieh will be one of the largest | t BROKEN TRUSTS. The Defaulting Trustees Otis D. Swan and Coles Morris. SWAN'S RELATIVES AND CLUB SUFFER. The Morris Case Said To Bea Family Affair. The sudden fight of Otig.D. Swan, of No. 54 Wall streot, reported in yesterday’s HenaLp, was tho subject of much comment yesterday among the large and respect- able circle of bankers and brokers who had business or private associations with him, Many who had known Swan asa light of the church, a loader of society and one of those men who try t ine by their moral and elevated conduct in life were astonished that such a truly good man could be guilty of such flagrant wrong as making away with from $200,000 to $300,000 of bis relatives’ money and $5,000 from the funds of his club, the Union League. His former associates, think. ing of his kindly manner and lofty moral bearing, seemed to spenk very well of him, A fellow broker, who rented to Swan part of his office at No. 54 Wall street, sald that he would be as willing to trust Swan as he would bis own father, “This offence,’? said he, “is simply hypothecation of securities deposited with Swan tu the way of business-= thats all, He was nota manof extravagant habits, but, on the contrary, exemplary in his conduct, and I shoula not be at all surprised if he came back and explained everything to the satisfaction of his rela- tives’? Another broker inthe same office was also of the opinion that Swan might yet come back, and Mr. Benjamin Swan, his brother (who purposely dodged every representative of the press in pursuit of the true facts of the case), in conversation with other brokers still helu out the hope that Otis D, Swan might come back. There is no doubt that hundreds of the most reputable citizens of New York are deeply shocked and scandalized by the disgrace brought upon them by their former asseciate,.who now turns out to bea criminal detaulter. If they still speak kindly of him and are unwilling to believo tho worst of his alleged detalcations it only reflects credit upon their humane and lenient dispositions, THE UNION LEAGUE CLUD'S Loss, Many of these friends continued even to assert yess terday that Swan’s transactions wore simply a family matter, all the funds which wore misappropriated by him having belonged to the family estate. This, how- ever, was in direct conflict with the statement made yesterday morning by Mr. John A. Weeks, the chairs man of the trustees of the Union League Club’s bulid- ing fund, that Swan had undoubtedly embezzled about $5,000 from this fund, This amount scems small, and ome more distinguished members of the fraternity to which the highly moral and pious Swan has now allied himself may despise him for stcaling #0 petty a sum. Let them be not overhasty. if Swan did not steal more than $5,000 it was the best he could do under the circumstances—and, as the old adage says, no one can du more, The club's building fund (for whose trustees he acted as secretary and treasurer) was invested in United States bonds, which were registered in the names of the five trustees, Otis D. Swau, John A, Weeks, James A. Roore' 4 William H. Fogg and Franklin H. Dotano, Hence it wi possible for Swan to couvert the bonds to his own uso, Being treasuror, ho be could collect all the interest since last January on the boud: nich were doposited with tbe United States Trust Cx any and this was what the worthy Swan did, Hence it will be observed that if Swan did not rob the club, of which he was one of the most esteemed founders, of more than a petty $5,000 it was not Swan’s fault’ Perbaps some of the membors of the club would like to know why the other trustees did not look out for the honeat administration of the Treasurer’s office by Swan, but tt ‘waa stated that the highly respectavile gentlemen who wero Swan’s associates had no time to attend to their dutics, and, moreover, that they had implicit coni- denco in the highly moral Swan, SWAN'S BANK ACCOUNT RIGHT. Swan bad a bank account with the Bank of Com- merce, Mr. Vail, the cashier of the bank, stated that bis account was all right and had not been overdrawn. The account, be said, was always asmallone. Both the cashior and the president, Mr. Robert Lenox Keauedy, freely joked over the affair, which showed that their good humor hud uot been tested by a pecuniary loss and that they bad taken suflicient precautions to avoid one. Some of the brokers onergetically repelled the assumption that Swan was a broker and the slur thereby cast upon thom. They said that Swan ceased to be a broker in 1873, when he failed, and was turcod to withdraw trom the Stock Exchange, NO PROSKCUTION PROMARLE, Diligent inquiry yesterday failed to ascertain the exact amount of Swan’s de{alcatiow ot his father’s es- tate. His sister, Mrs. C. N. Fearing, and: his brother, Frederick Swan, who, with their children and heirs are the principal sufferers, aro reputed to be very wealth: and foe! a nataral delicacy in exposing their relative guilt, They seem inclined to coudopo his fault. Mr. C..N. Fearieg, Swan's brother-in-law, who resides at No, 29 Lat , declined to state the precise tte extent of Swan's deialcation, and contented bimself with saying that thoamount currently stated—between greatly exaggerated, $200,000 and $300,000—was very The estate had been under Sw: di of bis father In 1875, inability to pay the interest due on the Ist of January and fear of the detection of his embezzlement of the Union League Club's moncy prompted his flight. TUK OTHKK SOCIETIES, Asto the other institutions witn which Swan waa connected none of them are said to suffer, probaply because Swan did not control the fands of any of them excepting those of tho Society Library, which were stated to be iutact, In refercnce to bis official associ. ation with the New York Hospital and the Lenox Hospital, Mr. Robert Lenox Kenuody, of the Bank of Commerce, was called on. Mr. Kennedy said that so far as the New York Hospital was concerned it was not possible that he could havo defrauded it, lor bo was not in a position to enable Bim to do feit that the same was true of the Lenox 80, and Hospit Swan was not even possible. ‘Swan had a dign’fied and fty, of tull proposse He wa: abit, with a large, round, weill.shaped head, som t bald, with grayish mua- tache, sis whole appearance and manner were those of a dignitary of the church and a leader of society, MR, COLES MORRIS’ CASE. Together with the above paintul story came the ramor that Mr: Coles, of the law firm of Morris, Billings & Cardozo, had defaulted as trustee of the great Hollins estate, in New Je , and bad fled the city. Mr. Morris is very well known, being a senior rtner of Alderman Billings and Michael H. Cardozo, Wailo the statement that Mr, Morris bad fled was found to bé erroncous—Mr. is undoubtedly tru: not without foundation. Mr. re wiled upon stated that the firm and its cli- ents were in 1a@ affected by Mr, Morris’ transac. tons, which wore wholly couiined to tion of the Hollins estate, of whieh th ib ‘astee. Mr. Morris’ sister had married into the Hollins tamily. Mr. Morris bad not been in office I #, but Dr. Lewig A. Sayro, his physi- friend, had expressed opinion that Mr. Mor as Buller from mental depression, but that the affair would probably be settled privately by tho family, How large tho loss of tne estate is could not be. ascertained, bat 1t is said to bo mach smailer tha! ‘Swan's defalcation, The estate is large. Mr. Morris declines to seo any representatives of the press at his hi area simple family matter, with which tho public bas properly no concern. The followsng 1s a card from Mr. Morris’ partner :— To tux Epitor ov The HeeaLp;— Certain rumors are afloat concerning Mr. Coles Morris, mont of the estate of nis th oF falsity, reonal regard. ve Wy tienliy that the intere: or none of our clients or ove of the firm are im any way involved or in the least Jeopardized, Their securities remain untouched and their Tights unimpetred. Very Feapecttilly LIVER P.O. BILLING: NiGhaki i Cakbonue LOOK TO YOUR HATRACKS, Jobn Ward, charged by Francis F. Atkinson, of No. 70 Fitth avenue, with grand larceny, was yesterday committed by Justice Bixby in default of $2,000 bail, ‘The dotails of the prisoner's ali.ged crime are that he cailed at tho residence of Dr. Sattoriee, at No. 158 same by stealing from the hatrack an over- coat, sealskin cap, gloves and field glass, the property of Captain Atkinson, who was at thu time engaged with Dr. Satterlee. The letter proved to be an envelope contaming blank paper, hen arrested the prisoner was wearing coat. SALTING THE TRACKS. D, Sbannaban, Dena Maboney, M. Canavan and George Reed, laborers ii employ of the Dry Dock Railroad, were arraigned in the Special Sessions Court terday tq answer to the charge o! salti tbe Yreoks, tad. the Court fined the prisoners $100 each, ‘were batlea im the sum of $500,