The New York Herald Newspaper, January 9, 1877, Page 8

yy B THE COURTS. The Rebellion as Vitiating Southern Partnership Contracts. TOUGH QUESTION FOR THE COURTS. Gold Dealers in the Gold Exchange Amen- able to All Its Bules. The Public Administrator in a Dilemma. The unpleasantness between the North and the Bouth and the culminating four years’ war bas of ue- tessity led toa yood deal of litigation, and another painfully disagroeable feature is that when the recov- ery of money isthe pivotal point of such suits the interest meantime bas swelled the original claim to More Titanic mugnitude. A suit growing out of the war of the rebellion and Involving the particular ques- tion, and one of quito far reaching interest as to the validity of contracts made during the late rebellion Deiure the Non-intercourse uct, came up tor trial Yesterday betore Judge Van Vorst, bolding Su- pane Court, Circuit, The action is brought by the resident awd directors of the Bunk of Louisiana, in New Orleans, against William Brenner und others In April, 1861, a deed of partnership was executed by de- fendants, Brenner, Coundler und Mathews, in New Orleans, The firm got a note discounted in the bank for $5,000, of which it 1s Claimed there remaiziy $4,500 unpaid, tor which, alter renewals up to 1862, suit has been brought to recover payment by the bank. Since tho last renewal the note, together with interest, Amounts to $10,4%. The case bas beeg ever since nding, awaiting decision o/ cases by the United tates Supreme Court, which have been decided against Mr, Mathews, the only deiendant who answers. ‘The first note wus dated April 16, 1861; Fort Sumter was upon on april 13, and Mr. Mathews in bis de- fence says that be was a resident oi the State of New York when tue war broke out, and that all contracts between Northern and Southern citizens became void from that time. The plaintiffx, however, rely on ade- cision of the United States Supreme Court that until the proclamation of President Lincoln, August 16, 1801, under the Non-intercourse act, all contracts between citizens of Northern and Southern States remained in- tact. Mr. Divine appears tor the plaiutifs and Mr. Sherwood tor the defendants, The trial promises to occupy two ur three duys. ‘ RULES OF THE GOLD EXCHANGE. A decision was given yesterday by Judge Barrett showing the important fact that when parties make contracts for the purchase or sale of gold in the Gold Exchange rooms and agree to be governed by tho rules of the Gold Board such contracts can be legally enforced although the contracting parties are not mem- bers of the Gold Board. ‘This decision was given in the suit brought by George L. Chadwell as ussignee of George ©. Jones against Jay Gould and otbers and grows out of transactions on the memorable Black Friday, on which occasion Jay Gould and his allies in | getting up a corner in gold figured so prominently and from which they cume out so disastrously defeated. It 1s alleged that Mr, Jones purchased $50,000 worth of gold on the 234 of September, 1840, to be de- | livered on the ensuing day,’ and ‘for which he was to be puid $71,8i2 53 in currency. ‘The contract was made in the New York Gold Bourd, and the agreement was that the transaction should bo 4m accotdance with the rules of the Gold Exchunge, which rutes required that if a member fuiis to 1u/H1 Wis Contract to purchase or sell gold the other party might employ one of the officers tosell or purchase ana then puy over the surplus or require the deficiency as the ase might be. AS Mr. Gould and his co-contractors | Felused on the next day to accept the gold the sume | ‘was soid tor $65,000, being the highest price that couid be obtained ior 11, @ suiLIs lor $6,875 diference, A demurrer was interposed, on the greund that the complaint did not state suflicient causes of action, ‘The iollowing is Judge Burrett’s opinion, avd which, as will be seen, is short, sharp and decisive:— It seoms only necessury to say that the rules of the Goia Exchange were a partof the contract and that | ‘the sale was made in strict conformity to those rules, The rules, it is truc, were made lor members; but when thoge who are bot members engraft such rules Upon their contracts they cannot escape their eifect on the plea of non-membersbip. As to notice, it is not required by the rule. The complaint ‘a, therelore, to ve viewed simply as though it erred thut in case of a breach the opposite purty might employ one of the officers vt-the Bourd to purchase and sell, &c., aud that tne defendants being gurlty ol a breach, the plaintiffs’ assignee did employ Oue Of such officers, wbu accordingly did sell, &c. In Keep vs. Gould the eifect of the rule was not discussed, nor i# there anything in the opinion to indicate that the rule was pleaded. The demurrer should therefore be uied upon the n its, but as there ure some clerteal errors in the complaint which justitied the ed upon the argument, be judgment for the defendants, without costs, and with feave to the plaintiff to amend bis complaint within twenty days, without costs, PUBLIC ADMINISTRATORS’ LIABILI- TIES. In the matter of the estate of John Sheren, de- Ceased, application was made yesterday to Surrogate Calvin toconiirm the report of the relerve appointed to examine the accounts of the administrator of the Bstate. Sheren died on the 220 of April, 1875, On that flay lotters testamentary were issued to Algernon 8, Bullivan as Public Administrator, it being supposed | there were no heirs. Mr. Sullivan took possession of | the assets of the estate, consisting of two bank books, | one of the Emigrants’ Savings Bank with a deposit of $1,400 and the other of the Third Avenue Savings Bunk having a deposit of $440. Tbe Third Avenue Savings Bunk faiied im September of that year, hav- ing in its possession tue $440 deposited there by the de. cedent in bis lite time, Up to the date of the failure of the bank the Public Administrator, who had already possession of the bank book,’ had tailed to withdraw this sum, The ‘referee in his report nolus the Public Administrator fiable for this sum on the ground that bank buoks in the bands of a public administrator ure to be considered us money und which he ought to have drawn from the bank aud deposited with the deposi- tory designated by law within two days. The Pubiic Administrator excopied to the tinding of the referee, Claiming that the statutes unger which the decision was rendered made bin lable only tor moneys that e had actually come into bis bunds und that bank books could not be considered ax money. The rejeree | Jurther finds that the Public Administrator has been | guilty of violating an express statute and has com. | Mitted a misdemeanor for which he is liable to crimi- | | | } Bul prosecution. ‘The referee atsy tinds that the sum 04-6525 paid for funeral expenses, which the Public Administrator had drawo from the account in the Emigrants’ Savings Bank, iz cuurgeable to bin, as be should bave drawn on the smulier depveti, in the | ‘Third Avenue Savings Bunk, aud thereby suved tue | Joss, Decision was reserved by the Surrogate, who Wok the papers, i END OF AN OLD SUI‘. Ia 1874 Maria Gerara, of Port Jeflerson, diog, leaving ap estate vulucd at $50,000, of which Catharine K, Gerard was executrix. She instituted a suit against Captain Daniel Smith to recover $1,000, being money, as she alleged, founed to him by Maria Gerard, and tor which he was indebted to the estate. smith admitted in bis answer having the money, but asserted that it was a free and voluntary gilt to him from her, Upon | the trial of the suit judgment was rendered against | him jor the full amount yf the clam. Nuring the pro- | ceedings the executnx died, and Daniel Jones beeatne executor, Captain Smith, through his counsel, made & motion belore the Supreme Court to reopen the pro- Ceedings and give lim a chance to defend, which was 0 by his payment of the costs alreatly iweurre ‘he case was then brought vetore the Supreme Court of Sufloik county, and referred to Thomas Young, who Das just renderod his decision in tavor of the deloud- Ant, dismissing the complaint, with costs picctignets ' SUMMARY OF LAW CASES, The suit of Runyon W. Murtin, Jr, vs Jay Gould, growing out of Black Friday transactions, which bas been pending in the courts for wlong timc, was yes. | terday discontinued by consent. Chief Justice Daly yesterday gave an order allowing the resettiement of the order of discontimuance in the Walker divorce suit. It is not unlikely that through this order this notable case may, afterall, be | brought to tril. Michael Wallace, who‘sucd Eblingand & Ebling for $5,000 damages on account of the killing of his in- funt child by boing run over by a lager Leer wagon be- longing to the defendants, obtained yesterday a ver- flict for $200, Thocase was tried betore Judge Van Vorst, holding Supreme Court, Circuit, Ti Lowisiana National Bank, of New Orleans, brought suit, belore Ju Marr against Frederick Sebuchard and others to recover on two bills of ex change The whole question was as to whetber such j bills were ‘accepted,’ according to the legal interpre. | tation of that word or not, A verdict rendered | against the defendants’ firm property tor 100,000 francs. | | The suit ofthe Emma Silver Mining Company was resutned yesterday, in the United Stutes Cire beture Judge Walixce., The first oral testimony taxen | was that of Mr. Lyons, who was called the stand, He tostified that he was one of the original Jocators of + Court, the mine. Itiscxpected that his cross-examoation | ¥ , luy will inaugurate «series of inter. s ggringanasn ie ich could not be brought to | | Parker vs, Merriam,—Motion for commission granted, with stay until March 1, 1877; $10 costs to tbe successtul party in the action to xbide event. light fronf the dry readings of depositions taken in Loudon. Bews ‘aded by the storm will probably become one of the stereotyped excuses of lawyers for tuiling to attend in Court to amswer upon ‘their caves being cailed for trial In @ suit bruug! yy the city against Joseph W. Duryeu, on the calendar of the Superior Court for trial, before Judce Speir, Assistant Corpora- tion Attorney Lacombe. who was to attend to the case, stated yest that the snow storm prevented his being Be t when the case was called last week. This was deemed a sufticient excuse and the case was restored to the calendar. In January, 1872, Abei Wheaton loaned to Jacob Voorhis, Jr., $50,000, taking as security a bond and mortgage on up town property. In a suit to foreclose, Stephen Tabor, oge of the defendants, put ip ap answer setting Up a mortgage later than Mr, Whea- ton’s, and charging usury in the latter mortgage. Judge Vau Vorst yesterday gave a judgment tor Tabor urrer, thereby sustaining thy answer x8 a w al defence, but with leave to tho plaintii! to withdraw bis demurrer within twenty days upon pay- ment of costs. Betore Judge Sedgwick, of the Superior Court, two cases Were tied yesterday. first was brought by Hiram Benner atid others agaiust Jacob M. Duclors, to have a deed declared « mortgage und to hold d ant liable tor any deficiency on foreclosure of the decd as a mortgage, ‘In this case a spectal verdict was reu- dered upon Various issues of fact submitued to the jury, The second suit was brought by Julius Max Buchardt against the United States [usurance Company to re- cover $3,159 53 upon a policy uf iusurance upon goods alleged to have been burned ut 196 Church stroct. Tho deience is that the statemont of damages alter the tire was not true, and that this vitlated the policy, The trial will be resumed this morning. Mossrs, Barlow & Olney applied yesterday to Judge Donohue in the suit brought by the People of this State against the People’s Suvings Bank, to huve, upou the petition ot James V, French, receiver of the Dank, assigned ana transterrea to Lawrence O’Brien a bond tor $26,000, made by Joon Gurvey on Septem- ber 18, 1871, The bond in question, it 1s st was secured by a bond of the same date, payable on Sep- tember 18, 1872, by Garvey aud his wife, tis stipu- lated in the petition that tbe bond shail bo transferred condition that O’Brien pay $10,821 18 to the r, with seven per cent interest trom November 8, 1875, to the date of tran: loss $3,607 06, with in terest thereon from April 4, 1876, to date of such as- sigument and trapsier, this latter sum being the share of O’srien of a dividend of thirty-three and one-third per cent declared by the receiver to the de- Positors of the bank. It was not only contesting long sentences, two of his chents baving been sentenced to Stute Prison tor twonty yoars each and one for live years, but insisting that the convictions were illegal, that 1ormed the bur- den of a Jong and earnest argument yesterday by Mr. John 0, Mott before the Supromo Court, General Term, ip tne cases of Ella Kaufman, Sophia Kalten- berger and Minnie Kalteaberger, evo parties, it will be remembered, were convicted on a churge of abducting Salina Betherau, a giri fourteen years of age, for purposes of prostitution, and by menace and duress consummuung her ruin, An answering argument was made by Dutrict Attorney Phelps, aud then the Court took the papers. Mary Kavanagh brought suit against the Adams xpress Company for $5,000 damages on account of the death of her husband, who was killed by being run over by a wagon belonging to the company. The ucci- dent occurred on the 11th of December, 1875. No wi tempt was made to disprove the killing, or that the wagon belonged to the express company or thut the driver was not in thoemploy of the company. For the defence the simply testimony was that the accident occurred in the evening; that the driver was using the wagon to go over to the east side of the city to get a trunk for a friend, the testimon; ing simply to . which was the object of the defeuce, that tho driver at the time was not doing the company’s work, and that therefore the company could not be beld jiable. Thi: was considered as more than counterbalancing the testimony for the plamuf, and the result was a dis- mussal of the compluint, DECISIONS. SUPREME COURT—CHAMBERS, By Judge Donobue. Zeis vs, The German Press Society and Journey vs, Schmale.—Granted. Matter of Barnett. —I wisb to see counsel. Sperber vs. Sperber.—Motion denied without costs, Memorandum. | By Judge Lawrence. Bailey vs. Dodge and Foley vs Rathbone,—Orders as vetted. Foley vs. Rathbone and Same vs. Same.—Orde’ setticd. Matter of Wilkie. —This should go to chambers, De Wolf vs. Ofincer.—The pleadings in this cago are voluminous and the questions invoived most intricate and complex, ‘The counsel for the plaintiff on the ar- gument submitted a brief, but I tind noither brief nor points on the partof the dofendant. The defendant's counsel will oblige me by furnishing w brief stating his views and the cases ou which he relies, The platn- tif’s vounsel should haveacopy of the defendant's brief, so that hecan reply if he deom it.advisuble so to do, The original briet of the plaintif’s counsel 1s with the papers returned to the clerk, aud may be in- spected by the detendant’s counsel if he so desire, SUPREME COURT, CIRCUIT—PaRT 2. By Judge Lawrence. Cortelyou vs, Muloch. jee memorandum. SUPREME COURT, CIRCUIT—PART 3, By Judge Lawrence. Sage ct al, vs. Holden.—Ameudments allowed | unless affidavits are presented upon the facts in dis- pute, By Judge Barrett. The Excelsior Petroleum Company vs. Fowler, &c.—Cosidering that this was merely a dismissal of the complaint without a trial I thought $600 would be reasonable. In granting tts ullowance, however, 1 do rot wish to be understood as estimating that it should be imposed as a condition of opening the detaulu The | Justice at ehumbers will be entirely ireo to do what is just ou that head. SUPREME COURT—SPECIAL TERM. by Judge Barrett. Wheaton vs. Voornis, Jr., etal. ; Maxwell vs. Gould et al. Opinions. SUPERIOR COURT—SPECIAL TERM. By Judge Sedgwick. The Sixth Avenue Railway Company vs. The Gil- bert Elevated Railway Company.—The plaiptifl’s at- torney will engross the findings as before requested agd haod therm in, Harrts ve. Dillon et al,—Case settled. Henriques et ai. vs. Ciews et al—The moditications and additional findings proposed by piainuf will be considered upon settiement of the case. Lehtarer vs. Griswoid.—Case settled. No exbibits are to be printed as part of case unless marked us ex- hibits by the stenographer. If uny bave not bean so marked special application must be made before print- ing. , _ By Chiet Justiee Curtis. Iblotson ve. King et al.—Cuse and exceptions settled and ordered on tie. sab vs. Kuapp.—Case and exceptions ordered on ie. By Judge Speir. Webster vs. Webster. —Motion to sei aside the jodg- ment entered herein tur a divorce. It appears tho service of the summons and complaint was served on the defondunt by having @ person pornt out to the party making the service the velendant, who was not, in luct, known to the party making the service. The defendant was nos, in fact, served, although the Court muking the order of reference required the reteree 10 | take testimony ag to the actual service of summons and conslaini, All | rocecdings must be set aside, with costs to be paid by the plaintills attorney per- sonally. Shaw Farrell, ct al—Plaintift's complaint dis- missed, with $10 costs, Real Estate Trust settied, Stafldra vs, New York Central and Hudson River Railroad Company: Meincke vs. Meincke; Thomas va, Kyhr; The Mayor; &c., ¥8, Duryee; Brown et al. vi Morgan et ul. ; Martin, vs. Gould (Nos, 1 and Orders granted. By Judge Freedman. Newcombe ve. Earle.—Relereuce ordered, COMMON PLEAS—-SPECIAL TERM, By Judge Van Hoesen. Moore vs, Vincent; Vincent vs. Moore,—See memo- randum. St. Jobo vs, Toe Maxim Gas Machine Company.—al- lowance of $200, Gibbs vs. Ihe Richmond County Insurance Com- pany.—Ailowance of two and one-half per cent. Meintosh vs, Burton.-—Injanction may be dissolved Company va Baleh,—Order on terms. See memorandum. ty Judge Larremore, Walker vs. Wuiker.—Motion granted us far as to allow a resettlement of the order of discontinuance belore me on any day this week wt hall-past ten o'clock A, Sl. on one duy’s notice. MARINE COURT—CHAMBERS, By Judge McAdam, Hayden vs Junybertehen; Hall vs, Templeton.— Opinions. smitp vs, Zaedo,—Memoranda, Von Keller vs, Bartels; Duber: vs. Downing; Bouden vs. b Wyait Vs. Ru ; Douglass vs. Konies; Tingham vs. Starke.—Mouons granted, Willums va, Walker; Chase vs. Hamburg; Orr vs. Tracey; Maxtield vs, Gilven. —Detauits. Salins vs. Poppa.—Relerred to M. Platzvck. 0 va. Bowns.—Security for costs ordered, frau vs. Wood.—Motion tor seeurity denied, Wilhams ve, Walker, Attachment ordered, Phelan vs, Coliender; Smitt ys, Sta: Levy; Kuarty vs. Ross; Buset vs, Kane; Hippel; Ottweil vs. Tho Mayor, Xe; Wilhams ve. Quinn vs Conrad; Wright vs’ Mitehed, —Me- Jac granted, Quinn vs, Courad; vs. Langer; Brainerd ve, Langer; Weinhor Va Ranges; Goedner va Weiduer,— | Orders granted, Kinney vs. Belener,—Opinion filed, Kick ¥s, Sebribel —Deivudaut will be committed for | conweinpt unless he pays $10 costs and $6 reteree's | apd suymits Lo aL examination Lelure the reteree . ata time and place to ve pai McDonald, Eperbarat vs, Rockland y; Sebiesivgor ve, Nolwn; King va, Gessver, tual vs, Friedberg; Vernou vs. San- | tord.—Motions granted, New York Slate Company. — demurer, Cross ¥ Moser va. Bernbardt,-—Orver to pay ove Deiuno vs. Boyuton.--ldward Jacobs, Esq, ap. pointed receiver ‘Trevor vs, Lathrop, —Referred to L, A. Fuller. NEW YORK | attempt to kill. | 218 West Twenty-sixth street, Herzogg va. Grege.—Judgment for plaintiff on de- murrer, Flanders va. Glasson.—Piaintiff defaulted, Monks vs, Purdy.—Order of arrest vaca Howell ys, Griswold; Gratz vs. Lange! va, Wood; Kelier vs. Bartels; Smith vs. Griswold; Winchell vs, Butcher; Monks vs. Merritt; Gerber vs. Zimmer; Irving National Bunk vs. Martin; Wyatt vs, Randall; Derham vs. Crosiy; Drake va, Buddensick.— Orders granted. Bassini vs. Butim.—James McNulty, Eaq., appointed receiver, By Judge Sinnott, Karnbach vs. Kuapp.-—Motions denied. Four cases. Gerner vs, Dulorme.—Deluults on both cases are set aside. Memoranaum. Hauser vs, May.—Orders signed, The Kuickerbocker IceCompany vs. Gratz.—Lettis Boers aera Na bard Vs, le. —Motion granted on ment of $10 costs within ays. m iis Waldron vs. Shi Motion granted, Ludlaw vs, Viaste.—Motion granted, Order to be settled on notice, Metzger vs, Levy.—Motion denied, with $10 costa, Gilbert vs. Collins.—Motion deuied, with $10 costs, Huerstett ve. the New York and Harlem Railroad Company.—Motion granted. The Railway Advertising Company va, House; Ber- nonsky vs. Jacobs. —Cases settled. Hellor vs. Auken.—Motion granted, Hesse vs. Hunter.—Motion granted. No costs, Mills vs. Swansen.—Motion denied, No costa GENERAL SESSIONS—PART 1L Before Judge Gildersiecve, TRIAL YOR PERJURY. Evan P. Thowas was arraigned ut the bar charged, Under indictment, with having committed perjury. ‘The prosecution was represented by Assistant District Attorney Rollins, and Mr. A. Oakey Hail with Mr, S. B, Eaton defended the prisoner, It appeared from the opening of Mr. Rolling that on the 16th of Novem- ber, 1874, a private watchman, named George H. Sil- lery, was startled by the sound of an explosion which he thought came from the cellar of the premises occu- pied by the prisoner at No. 326 Canal street. Sud- denly smoke and flame were seen to burst through the windows, und, the alarm having been promptly raised, the fire engmes were quickly on tha spot, Without much udo the firemen burat in the doors, and within seven minutes the fire was entirely extinguished. The premises wore subsequently oxamined and it was discovered tbat a barricade had been set up against the dvors. On turther examinution by the insurance patroland flremen it was tulerred from surrounding Circumstances that the fire was ot incendiary origin. Tne prisoner ulieged thut at the time of the firo his stock in ie store amounted in value to $30,600, and claimed that he suflered by the fire, which lasted only seven minutes, u loss of $23,000, ‘Thereapon he mude a claim upon the insurance com- any, bis stock having been insured for its full value. e was cxamined belore the officials of the Fire De- partment on the 12th of Decembem following and made u statement of his stock und the loxa he sus- tamed, 1t would ve urged by the prosecution on the evidence of the appraisers and of the defendant himself that at the time of the occurronce the stock in ques- tion did not exceed $15,000; that he hud falsified bis bvoks, aud that his testimony in relation to his prop- erty was untrue, his object being to defraud the tn- surance company. Several witnesses were examined as to the discovery of tho fire, the surroundings of the premises after the flames had been extinguished and the statement made by the prisoner in relation to his property und loss. Mr. Hull cross-examined the wit- Ness at great length, fhe further hearing of the case will be resumed to-day. PLEAS AND SENTENCES. James Conno!ly, of No. 423 East Nineteenth street, wus charged with stealing a suit of clothes from Thomas Hanley, of No, 223 3d avenue, on the 1st inst, He pleaded guilty and was sentenced to two years in State Prison, . John Keily, alias Henry Gross, was charged with having, on the 4th of December Jast, stolen a truck, the property of Simons Purdy, No. 618 Hudson'street, and disposed of it to Robert Block, of No. 21 King street, He plouded guilty and was sentenced to two years in the State Prison, James Moore was charged with baving broken into the grocery store of Edward G, Keyes and stolen prop- erty valued ut $50 on the night of the 1st of January; and Jobn Clarke, alias Fitzpatrick, was charged with having broken ito the premises of Herr Von Dahnsen, ot No 253 Monroe street, on the same night and stolen a revolver, acoutand eight boxes of cigars. Both prisoners pleaded guilty und they were each sentenced to the State Prison tor two years. GENERAL SESSIONS—PART 2 Betore Judge Sutheriand, A BRUTAL HUSBAND PUNISHED, An Englishman named Charles Roberts, who, it will be remembered, committed such a violent assault upon his wife Agnes, on the 18th of December last, at No. 369 Fourth avenue, was arraigned for trial. A: sistant District Attorney Herring conducted the prose- cution and Mr. J, B. Fellows was assigned to defend the prisoner. He was charged with an assault with The prisoner, who is far from pro- possessing, was formerly a circus rider, employed at the Hippodrome. His wite, a very delicate person, who still shows evidence of the terrific assault cora- mitted upon her, testified that on the morning in ques- tion her husband camo behind her us she was entering the basement of the promises named, and struck ber a violent blow with a claw- hummer in the right templo, This — attack he foliowed up by another blow on the back of the head, and she stumblod down almost sensvless, bursting ja the basement door with her head. Her terriflic cries attracted the attention of Mre, Whitta- ker, her employer, who, in her effort to save the as- sailed woman, received a violent blow, which ulmost dislocated her shoulder. The two women fled to the dining room, hotly pursued by the prisoner, tammer in hand. Here he renewed bis onslaught, bis wile runuing for her iiie around the table to avoid him, and Mrs, Whittaker trying to obstruct his passage by thowing chairs in bis way, and tor her mediation received another frightful blow. ‘At length the prisoner tripped ovor a chair, but belore falling flung the hammer at his tottering wile, who was vainiy endeavoring to escape, the flying weapon again striking her im the back and knocking her senseless. he was then conveyed up stairs, whence she was re- moved to the Chambers street Hospital, where she in a dangerous condition for several During the assault the prisover 1 times threatened to take the complainant’s life, and, a police officer having been finally summoned, he was taken into cuetody, The complain- ant further stated that at the time of the occurrence she was secking for a divorce from the prisoner, with whom she had not lived for some months previous, and she Was supporting her two children by working on costumes at Mrs. Whittaker’s. Several witnesses corroborated ber statement, and the jury returned a verdict of guilty, with intent todo bodily harm, In passing sentence, Judge Sutherland sald he regretied very wuch that the prisoner bad not been convicted of the crime for which he had been indicted, and sen- days, tevced him to five years in the State Prison at bard | labor, THE MILK INQUISITION, Mr. W. P. Prentice, on behalf of the Board of Hoalth, moved for the trial of the twenty-nine milk dealers in- dicted for eclling adulterated milk. The motion was resisted by Mr. Lawrence, who asked that the cases stand over until the decision in tho Sup.eme Court had been rendered in the case of Daniel Schrumpt, Ff was allowed to stand over until Thursday AN ATTACK WITH A Razor Martha Whito, a colored woman, was tried and con- victed of assaulting and cutting with a razor Lillie Marsal, a white woman, at the corner of Broome and ‘Thompson streets, on the night of the 22d of Novem- ber, She was sentto the State Prison tor four years, THE GERMAN CONSUL'S SLEIGH, John Tramor, who said he was # vartender, of No, pleaded guilty to the charge of stealing a sleigh of Mr. Hugo Fritch, tho Gertwan Consul, at Judge Smith?’s Hotel, and with at- tempting to sell the same in Newark, N. J. Ho was went to the State Prison tor three yours, THE KAILROAD TICKET CONSPIRACY, Jacob A, Van Valkenberg and George West wero ar- raigned atthe bar charged with conspiracy to cheat and defraud the Pennsylvania Railroad Company, they being employés of the company, Van Valkonverg as a tieket coliecter aud West as a ferry master, at the Jer- wey City ferry. It is charged that ihe defondante with- held the ferry tekots sold for terry passage trom tho box provided for that purpose; that they resold them and divided the proceeds, and that by this means the conspiracy extended through # number of the em- ployés of the company, which 1s alieged to bave been defrauded to the extent of $60,000 of $70,000 a your tor some years past. A jury was impanelicd last night und the case willbe opened this moruing. The prose- cution is represented by Mr. Charles W. Brooke and Mr. Leon Abbett, and the prisoners by Mr. Joba O, Mot. COURT CALENDARS—THIS DAY. Surrey Courr—Ciamnnns—Held by Judge Dono- =-Nos, 28, 29, 88, 107, 165, 181, 228, 237, 41, 242, OURT—GENERAL TkaM—Held Davis, brady wud Daniels, —Nox, 37, 137, 138, 139, 140, 116, 128, 166, 167, 161, 162, lov, 167, 128, 125, 129, 130, 165, 169,'171, 17144, 172, 178, 174. by Judges Surkemn Count. peoiaL TekM—Held by Judge Lawrence, —Demurrer—No, 22. Law abd Fact—-Nos. 46, 47, G1, 60, 62, G4, 65, 67, 68, TU, 72, 73, 52, 53, 87, 80, 90, Oly wrt 1— udge 5 3796, ) 2619, Part 2—Held by J) 1088, 1640, , . 1558, 1660, 1 1972, 1 1580, 1684, 3—Held by Nos. 687, 4 , 2089, 2283, iy 1 1uiy; 1885, bad, 718, 1801, 2175. LPERION COORT—GENKKAL TkuM—Held by Judges Curtis, Nos ord oud Freedinan, Appeals trom orders— band 5, General calendur—No, 9 reKIOon CocRT—3) L Trrm-—Hold by Judge Bpeir.—Noa, 17, 18, 21, 22, 03, 8 Surenion CotrtT—ikiaL Tkam—Part 1—Held by HERALD, TUESDAY, JANUARY 9, 1877—WITH SUPPLEMENT. 4 Judge Sedgwick.—Nos, 205, 363, 361, 623, 451. 410, 401, 435, 90045, 348, 269, 652, 436, 501, 402, 50%, 504, B76, 485, 323, 340, 341, 315, 179, 1053, 365, 156, 327, 68, 248. Part 2—Adjourned until January 15, 1877. COMMON PLeAS—GENEKAL 1 kRM—H by Judges C. P, Daly, Robinson and Larremore.—Nos, 21, 89, 90, 65, 66, 98, 103, 5, 44b,104, 105, 106, 107, 108, Common PLEas—Kquity @uum—Held by Judge J, F. Daly.—No day calendar, ComMon = Pivas—Tuiat, Tenu—Part 1—Held | by Judge Van Hoesen.—N 1014, 766, 412, 859, 722, B84, 144, 143, 1004, 510, 593, 915, 604, 8u7, 777, 749, 86, 659, 726, 237, Parts 2 and 3.—Adjourned tor the term. Masixk Cocrt—Tria, Tenm—Vart 1—Held by Juage Shea.—Nos. 4193, 5800, 6036, 5174, 3418, 5400, $H40, 1583, 6604, 5222, 4185, 1919, 5091, 4854, 4829. Purt 2—Held by Judge Goepp.—Nos, 7435, 7436, 4351, 9029, 7312, 7068, 7080, 7473, 7482, 2652, 5228, 2203, 5401, 6483, 4165, Pars S—Held by Judgosheridan.—Nos. 7453, 7494, 7153, 7011, 5278, 5544, 7455, 7698, 6822, 7232, 6909, 7659, 5447, 5650, 6557. Court ov GkeNxual Sassioxs—Part 1—Held by Judge Gildersleeve.—Tue People vs, Evan P. jomas, per- jury. Part 2—Held py Judge Sut \d.—The People Jacob Van Volkenburgh and George C. West, con- spiracy. DISSOLVL A DIVORCE. UNEXPECTED LIGHT TO A HUSBAND IN THE DARK—A BRIEF BUT INTERESTING STORY, IN WHICH A WIYE OUTWITS HERSELF. Mysterios of divorces, with the miseries superadded and the location made simply metropolitan, might up- questionably, witha full knowledge of the facts and an equully facile pen, be made us prolonged a themo of startling situations Eugene Sue’s ‘' Mysteries of Paris,” The recent death of House, the divorce lawyer, threw a wonderful flood of light on the sub- ject. Isis now understood, however, House was the master manipulator and made his puppets dance to his piping. An instance wus yesterday brought to light in the courts, when, as the fucts would seem to indicate, a woman was the moving master spirit, and she the woman, too, who was strivir ing to treo herself from the marital shackles, Womman- like, however, or rather after the manner of most wo- men when they get outside their normal sphere, she fell short iu her calculation and, lacking far reaching scope of vision, did not see when a temporary victory ‘was sure in the end to bring discomfture und disgrace, NOT ACCORDING TO WEUSTER. ‘The cuse in question is a divorce suit which was coumenced some months agoin the Supreme Court by Edva Webster agwinat_ her husbund, Jobn Webster. She was # widow at tho time of their marriage, which took plzce about cightcen months since, aud Mr. Webster wus the tuird = party ot whom she had accepted she wedding ring. Mr. Webster, who is the toreman in E. 8. Higgins’ carpet establishment, shortly alter their riage, foun, as he suys, that she was receiving uw great many male visitors woom she declared to be her cousins. He thought these cousing rather too numerous and too warm 10 their attachments to his wile, und he veu- tured to remonstrate against the continuation of their visits, These remonstrances, however, were of no avail; so finally he concluded to leave her to her cous- tng wad be took his quarters elsewhere. PENALTY OV KRADING THE PAPERS. On a receut morning on taking up a morning paper Mr. Webster, to lis utter surprise, saw im it an an- pouncement of @ divorce grauted to bis wife ina suit brought agaiust himself as defendant, Feehng nat. urally curious on the subject, as he had been served with no papers, to ascertuin the modus operandi o! such sudden severance of his marriage relations witPout any knowledge of the tact on his part, he employed dir. George H. Marteng, a lawyer, to examine Into the case, und meantime he also engaged dir. Charles R. Graut as a detective to discover the whereabouts of his wuilom wife and keep a shurp eye on her inovements, Buih of these gentlemen, according to the atlidavits sub- mitted io the court yesterday, were eminently succoss- Jul in excouting their respective missious, THE DIVORCK MYSTERY. The story of the cuse though scatiered through sev- eral aflidaviss, including that of Mr, Webster, 13 capa- ble of very brief narration. Mra Webster employed the services of A.3, Levy, agrecing, as the latter stutes, to puy nim $100 after a decree of divorce was ob- tained, but which obligation, us Mr, Levy further avors, has never been liquidated. Mr. Levy took hold of the matter in the usual way, leaving it witu Mrs. Webster, however, to serve the summons and complaint and turnwh the necessury evidence. Lewis Bauer claimed to bave served upon Mr, Webster these necessary preliminary documents, and represents Mr, Webster as somowhut rutiled when they were hauded to him, and as bis immediate exclama- tion, “I'll Ox ber for that!” Mr, Webster pronounces this statement a fabrication, aud also the additional testimony tuken before Mr, Henry Wood, the referee, of improprities on his part as a husband, Meanume, upon the testimony thus taken, all of which Mr. Web- ster swours 10 have been wholly false, the reterce, us tn duty bound, in view of the non-appearance of the dofendant to answor to the alleguuons, reported mn javor of granting a decree of divorce to Mrs, Webster, and the Coart granted such decree accordingly. SUDGK SPRIR'S PROMPT ACTION, On the facis of the case being made known yester- day to Judge Speir he at once directed the decree of divorce 10 de kot uside, a vacation of the judgment of divorce, and aunulling all provious orders and pro- cecdings i the matter. Ho ulso directs Mr. Levy, tho lawyer, to.psy personally the costs of the motion to wet aside the decree of divorce, Mr. Grant gives a somewhat interesting recital of tho wanderings of Mrs, Webster and his researches into her anterior history, She Is represented as very attractive in appearance, aud as regoiving and opening, without besituncy, lot ters addressed to ber either as Mrs, Wood, Mra Web- ster or Mrs. Slyer: THE HOFFMAN SUIT. A NEW TRIAL DENIED BY JUSTICE PRATT. In the suit of Haugh McCulloch & Co., London bank- ers, against Goorge Hollman, the particulars of which have been fully rolated in the Hxraup, judgment for about $4,000 had been given the plaintif. A sbort time since counsel for the defendant made application to Justice Pratt, in the Kings County Supreme Court, for a new trial, and yesterday the motion was denied, His Honor, after reviewing the former procccaings at some length, concluded his decision as follows:— Tho bulk of the so-called newly discovered evidence is im corroboration of testimony produced by defendant upon a point prosented on the former trial, and neces- sarily iu contradiction of the plaintifl’s evidence, It 1s, therefore, ciearly obnoxious to the rule 1 have before stated, and can offer no ground for a now tril,’ Whether the verdict upon the first trial approves itself to my judgment it js not material to state, If the verdict was against the weight of evidence the defendanw’s remedy consisted in a different motion from that I am now considering; but with the fact before me that @ jury did find a ver- dict for the plaintilfs upon the evidence produced ren- ders it doubtiul whether the newly discovered evidence, | if admitted upou « new trial, would change the result. Ibe delendant claims that great injustice has Leen done, and unless a new trial iw granted he has ne means of redress. If that be true, it 18 a lesser evil than that a court should violate well settled rutes of law in an attempt to give bim relief. Having considered and decided this motion upon tee merits, it is unnecessary to pass upon the technical objections raised by counsel tor the plaintiff, Motion fora new trial denied, with $10 costa.”” A REVIVALISI'S TROUBLES. Justice Otterbourg bas issued a summons directed to Poter Dwoer, “the reformed thiet” now conducting a revival mecting at No. 196 Bleecker street, command- ing him to appear this afternoon to answer a charge preferred by Jobn Malley und Julius Wess, Mr. Maliey keeps an oyster galoon in the basoment of No- 196 Bleecker street and Mr. Weiss lives up stairs with his family, ‘They complam tUrht a gang of young rut. flans who attend the revival meetings conduct them- seives in such # fashion as to make it impossible tor them to carry on business or livo in the house, They make no compluint against Dwyer personally. FAIR, AND FURIOUS. Catherine O’Brien and Cutherine Barry, who said they lived in Brooklyn, were held for trial, at tho Essex Markot Court yesterday, on a charge of furious ausauit, They met Peter Lee, of No. 9 Cherry street, at the corner of Bowery and Bayard street, on Sunday night, and asked bim whore he was going, when he re- plied in an uncomphmentary manner. Miss Barry took a knife out of her pocket and handed it to Mics O'Brien, who luid open Leo's left check trom bis eye to his chin. Lost His EAR. On Sunday might John Cunningham, bartender at Dominy’s Hotel, Bay Shore, was arrested by Officer Weeks, on complaint of John 8, Jayne, for an assault with mtent to kill Jayne, while intoxicated, visited the hotel and was ordered off the premises by Cun- pingham, Ho complied and haa Cad 4 reached the front stoop when Cunningham struck him with an iron bar across the head, cutting off a peruion of his cur, Upou arraignment before Justice Cooper, at Baby- Jon, Cunningham, who declined to make a statement, was fully committed for the action of the Grand Jury, HE WAY THEY DO It. Mr. T. F. Neal, general agent for a well known man- ufacturing house in this city, had his watch snatched out of his pocket on Sunday mght while m the door- way ot car No. 82 of the Fourth avenue tine, Mr. Neal was attempting to enter the door of the car, when a man put himself in the way, The tellow’s companion stood us if just outside the door, on the platiorm, but in such a Way a8 to effcetually ‘prevent the intended victim's egress, Hetook outa five cont piece, heia it between bis fingers, and putting bis arm straight across Mr. Neai’s chest, suid to his confedorate, “Are you going in?’ Neal thouuht this proceeding a tittle strangeand soon oxtricuted himeell trom his awkward jun. Putung bis band to bis pantaloons pocket where be had a roll of $600 in bills, he feit his watch cham dangling about, and at once m bia time- jece worth between $200 and $300, H ean alarm Bue the two men who bad acted so strangely wore missing. THE FILTHY STREETS. WHAT THE BOARD OF APPORTIONMENT HAVE TO SA¥ ABOUT THE POLICE COMMISSIONERS’ APPLICATION FOR FUNDS—NO TRANSFERS TO BE MADE. The application trom the Police Commissioxers, asking for transfer of unexpended balances from the years 1874 and 1875 to their estimates for the present year, was considered by the Board of Apportionment yesterday. . The communication, whien has been already published, sets forth the ngcessity of the in- crease of funds asked for tor 1877. ‘The principal reugons given ure those in relation to expenditures re- quired for clearing y the snow and ice from the streets, such an item, it is claimed, uot being provided lor undér the head of street cleaning, 1or which somo $725,000 has been appropriated. President Smith, of the Police Department, ap- peared belore the Board and made a statement in sup- port of the application, He also called attention to the fact that only 2,261 patrolmen had been provided for in the last estimate, while thero were now on tho Folls 2,291. Comptroller Kelly called General Smith’s attention to that clause of the charter wnich prevented the Police Department from employing apy more men on the force thun were provided tor im the estimates allowed by the Board of Apportionment, He (the Comptroller) was ot the opinioa that a misdemeanor bad been committed in this respect, General Smith answered by remarking that the addi- tional thirty had been paid through the moncys realized !rom fiues, suspensions and other sources. Ex-Police Commissioner Voorlis, who was present atthe meeting, stated, in answer to questions rom Tax Commissioner Wheoler, that during his term of oflice the snow had been removed from the streets out of the appropriations for street cleaning. General Simitn said that an arrangement had then been made with several of the ommibus lines und strect railroad companies by which a portion of tho expense of removal had been defrayed from these sources. Mayor Ely remarked that a similar arrangement shouid. now ve entered into with these companies, ‘There was nothing to prevent it that hé could sea, General Sinith thought that the adding of a few words by the Board of Apportionment to the estimates of the Police Department ior 1877 would obviate the difficulty, The latier body wight also be embarrassed as Lo what streets should be thus cleaned by them, Comptroller Kelly understood this duty to be entirely discretionary with the Commissioners. Broadway and Other leading thoroughiares should receive particular attention. Aller gome further dobate Commissioner Wheeler | Navel @ statement in relation to the whole sub- ject :— TAX COMMISSIONRR WHEKLE! He said that the Board of Estimate and Apportionment on June 29, i874, adipted .by concurrent revolution the re- vised estimates making appropriations fur the various pur- pores of the government of the city for the your 1874, and jong the appropriations so made was & sum of $0..0,00) “cleaning streets under solice Department,” ‘wud $20,00 for cleaning streets in Twenty third and Twenty- fourth wards. ‘ihe ssia Board, on December 24, 1874, by’ concurrent resolution adopteu ‘the final estimate, making ‘he necossury upproprintions tor the various purposes of tho yovernment of the city for the year 1875, and among "8 STATEMENT, the appropriations 42 made was u sum of $8U),0U0 tor “cleaning the streots under Police Department,” including the streets jin the ‘Twenty-third and ‘Twenty-fourth — wards, fhe i on e- cember 29, 1375, by # concurre! fiuat estiinate making the nec various purposes of the gover. 1876, aud umong the sppropriutions sv made was 4 sum of Dp $725,000 for “cloaning the streets under the Police Depart. ment.” ry wvproprluti nt of the city tur the year In none of claily made for removing tee und snow streets of the city. ‘The Counsel so she Corporation advised tho Department of Police, 4s appears from sho minutes of the Hoard of Polive, dated January 12, 1875, und published in the (ity Record on January 16, 1875, that the Department of Police had under ‘existing law fuil power in its discretion to expend « portion of the moneys approprinted tor the cleaniug of the streoty in removing suow and ice from the streets, as follows Law Derantaent, Ovricx ov Tux COUNSEL 70 THE VORPORATION, NEW Yous, Jan, 7, 1579, "5 ‘The Department of Police did, in fuct, during tt of December, 1875, upply iu its discretion u portio appropriation made for cleaning the streets duriug 1874 to the retmavat of snow and tce from certain streets of the city during the months of January, February, Marek and Decoui- bor of the yeur 1875, The Department of Police did sigain in its diserotion apply 4 portion of the sum appropri- ated for the cleaning of the streets during the year 1879 to the removal of ice and snow from several of the streets, and during this period Broadway was cleaned of ice and suow, irom the Battery to Thirty-fourth street, more than a dozen ides, Chambers, Fulton, Wall, Rector wud d Fifth avenue, from Fourteonth to cleaned, sv as to be free from ub- ld yeare, was there any appropriation spe. 0 printion for cleaning the stroets s stuted, $6,000, the stra during that year not only swept, but also ashes and garbage regularly removed, and, in addition, the particular ot above specitied kept clear of obstrucuon from ice anu snow, and afer performing those duties there re: mained — to credit. of the depurtment on December 31, 1875, of the appropriation — for cleaning the stroets, unexpended, « sum 0! $1.U,U87 14, as Appeurs from the minutes of the Police Bourd of January 7.1070, published In thy City Record Jununry M4, 1575 (pave 71), from whieh wns subsoquently paid the payroll of the Street Cleaning urea tor the moutn of Deceurbe 1875, us appears from the samo minutes of the Pot Board, amounting to $48,348 9, and other claims during that nionth amouuting to ‘about $10,000, thus showing she xetual expenditure required for periorming the cleaning of the streets, juslading the removal of ive und suow from the 4 specitiod, to Le about $740,000. uppropriation made by this Board iu the final estl- Mdupted Decomber 0, 1876, for the clowning of the stroets for the your 1477 was $725,000, which was deemed ample for perturming the work. The following was then presented by Comptroller Kelly, and passed by # unanimous vote:— Whoreas the Board of Police, in » communication to this Board auted January 4, 1877, pplied for “the account of the Police Department for 1877 ded balance of appropriation nt of years 1374 und 1875, to the amount e dgment of this Board, such trans- for general purposoy as prop proper, and that said applicwtion of the Board of Police ix respect: fully deniea, the power of this Board beiny limited under the laws to the transfer of unexpended balances of uppro- rinsions to specitic purposes or objects for which the oxist- ing uppropriations aro insulficient, BOARD OF APPORTIONMENT, LIBERAL DONATIONS TO THE CHARITABLE IN- STIXLUTIONS. A special meeting of the Board of Apportionment was hold in tho Mayor’s office at twelve o’clock yes. terday, This was the first meeting of the new Board. Mayor Ely, Comptroller Kelly, Alderman Purroy and Tax Commissioner Wheeler were present, On motion of Comptroller Kelly, the following amounts were appropriated to charitable institutions trom the Excise Fund:-— St, John’s Guild. .... ces cesececeeeceeecees see. $10,000 New York Aysvciation for Improving the Con- dition of the Poor........ St Vincent de Paul Society... Night Refuge Association, Total. ‘the sui same moneys to the House for Fuilen Giris. Comptroller Kelly was authorized to issue the fol- lowing:—Croton water main stock, $50,000; revenue bonds to the amount of $15,000, the moncy to be ap- plied to payment of claims against tho Board of Edu- cation for mechanies’ services and other expenses re- lating to school buildings incurred during the yours 1869, 1870, 1871 and 1872. Friendiess MUNICIPAL NOTES, Tho portrait of General John A. Dix, ordered to be painted by the Common Council, was yesterday nung up in the Govornor’s Room at tho City Hall, It was painted by Miss Annie M, Leo, afd is a iuil-size pic- ture. The famous order, ‘If any man attempts to haul down the American flag shout bim on the spot,’’ appears {uscribed upon a documont in the hands of the ex-Governor. ‘The charges against Herts & Sons, auctioncers, pre- ferrod by Captain Walxh aud others, will be examined into to-day belore Muyor Ely. ‘the Board of Aldermen will meet to-day us can- yassors, for the purpose of counting the Votes cust last week in the Seventh district tor Congressman. BUSINESS ‘TROUBLES. @ William Higbie, Henry Higbie, Calvin H. Moody and Joseph H. Willets, composing the firm of Higbie & Co, manulacturers of gentiemen’s furnishing goods at No, 267 Canal street, havo been adjudged involuntary bankrupts on the petitions of their creditors by Register Dwight. They have fled @ petition for com- position, offering to pay sixty-two aud a half cents on the dollar, half cdsh and half in notes, and a meeting of the creditors to take action has been called tur Jun- uary 26, The tollowing arc the principal creditors:— National Shoe aod Leather Bank, $11,600; William Lotumer & Co., $3,946 29; Atnerican Molued Collar Company, $3,407 32; Parker, Wilder & Co., $2,902 48; A. v, Stewart & CO $2,254 91; W. 30; Pine, Mil + $1,965 07; . B. Higble, $2,046 Hiavilities as g in the pevition is about $56,000, Tho labilities of George Rich gouds manulactarers, of No 620 Broadway und Farm. Ingham, Mass, who failed several weeks ago, uggro- gute $144,218, of which $103,002 is unsecured. The unencumbered as#ets consi#t mainly «ft real estate, $9,600; stock and machinery, $10,000; accounts, The following assignment and schedule was yoster- day filed in the Cours of Common Pioas;—John D, Jacovorsky & Jacob Hart to Julius Hellbron, Tho hhabiliiies are stated at $69,575 59, nominal assets $12,315 36, ond real assets $11,386 18. The following aysignments were also filed in the County Clerk's office;—Valentine Koon & Joseph Koon to Alden 8, Seron; Wilson H. Hall & John Kennel, comprising tho firm of Hall & Kennell, to George W. ‘reet, and | Sumon Manlintor to Johnson B. Keerstead, CONGRESS. Skirmishes for Advantage in Count- ing the Electoral Voto. PROPOSITIONS BY PROMINENT SENATORS, Resolutions for Buncombe in the Lower House. ‘whe District Police Buard To Bs Investigated. SENATE, Wasurxotox, Jan. 8,°1877, Mr, Sueruay, (rop.) of Olio, said:—Iam requested to present the petition of a number of citizens of Cin- cinnati upon the iinportance of a peuceful and legal count of the recent Presidential election. I notice among the names attached to this petition many of tho leading business men of Cincinnati, persons is high social! and official positions in the State of Obio, who are well known throughout the country and oi both politicul partics. Mr. Tuurmay, (dem,) of Ohio, said he entirely con- curred 11 what his colleague (Mr, Sherman) said as te the character of the men who signed the petition. The petition waa most respectful in language as the Senat would seo when it Was read. As to questious wh: may arise he bad nothing to say now, bat he com- mended the petition to the Senate. The potition heretofore published was then read by the Chief Clerk. It was referred to the special committee of seven Senators appointed to consider the count of the elec- torul vote, ‘THE RECUSANT WITNESS, RUNYON, Mr, Mortox, (rep.) of lod., froin the Committee on Privileges dnd Elections, submitted a report showing the questions propounded to Enos Runyon, the firm of Martin & Runyon, bankers and brok of Wull street, New York, in rogard to who ordered the check to be drawn by his vank in fuvor of Ludd & Bush, of Salem, Oregon, and which he refused to an- swer. He also presented a resolution directing the President of the Senate to jesuo his warrant to ¢ Sergeant-at-Arms tor the arr of said Rupyow and his production at the bar of the Senate to show cause why he shull not be punished for contempt. Ordered to be printed, Mr. MontoN gave notice that he would call it up for action to-morrow, On motion of Mr, Morton it was ordered that the testuumony taken by the sub-committeo, of the Com- mittee on Privileges and Elections be printed for tne use of the Senate. ‘The question being on the passuge of the resolation, it was ugreed to— Yeus, 35; nays, 3, as follows:— Yeas—M Allison, Anthony, Bo; Bou Bruce, Cameron of Penusylvania, Chi 1 Davis, Dawes, Dennis, Dorsey, Edn , Frel huysen, Gordon, in. Ingall ity. reory, Maxey, Mitchell, Morrill, rice, Sherman, Wallace, 3 Morto Kaur dolph, Hobe Whyte and Withors— Nays—Mossrs, Barnum, Burnside and Raton—3, THE KLECTORAL VOTE, Mr. Boorm, of Calitornia, submitted the following resolution :— Resolved, That in counting the votes for President and Vice President of the United States, whose terms ure to be- gin on the 4th of March, 1877, the following rules be eb- President of the Senate tem. shall rey the ; tell tt to object to the count! of said State, whien objection shall be reduc Upon the objection being made, the President Senate pro fem. sball rale whether of Hot the votes of anid State shall be counted, aud for whom. Any enusor oF member of the House of Reprosentotives may Appeal from suid ruling, which appeal shail be reduceu to writing. Upon appeal being taken the two houses shall unant- mously separate, wud each sball convene in its own cham bor without delay. On the convening of each house its presiding olficer sball submit the following, pravositions in the order herein named, which shall be decided without de- bate: — i, Shall the ruling of the President of the Senate pre tem. upon the counting of the vote of the State ot —— be affirmed ? 2. How many votes of the State of —— shall be counted! ¥. For whom shatl the votes of the State of —— be counte Upon euch proposition cach Senstor and each member of the House of Represeutatives shall announce his vote rica voce, wd it shail be entered upon the journal, The joarnal of cucu House of the proceedings of that meeting shail then be read and approved, and no other business suall be in order, The two houses sual then assemble inthe ehara- bers of —— jor the purpose of coutinuing the count, Secood—When the President of the Senute pro ten shall have received two or moro packages, purporting in the certificutes of the votes of the sume State, en und report ali of suid certificates and then rule tor wi the votes of said State shall be counted. Any Senator or member of tue House of Representatives uppenl from said ruling, which appeal shall be reduce writing, Upon the appeal being taken the two houses shall separate, cenvens in their respective chambers and the same proc shall be had ax prescribed in Rule 1. Third—A complete rovord of the proceedings when the two houses ure assembled together und of the proceedings of each houxe, togetuer with all tne certificates aud pur- ported certificates of the votes, to the counting of which objection has been made, shull be submitted to the Justices et the Supreme Court of the United states for their le . 1 House of Representatives may each ittee of thre: present the cases to the subject to such rules us the Justice If tho Justices doom it emential to in their ion, ride. mination they may, vidence the official acts and procee wny State officer or bourd of State officers and the report ot any commities appoiuted by either house of Congress. ‘The Chief Justice shail transmit to the President of the Sen- ate the decision of the majority ot the Justices upon each case of contested votes when all the cases have bee: de whereupon the two houses shall assemble in the chamber of —— and the contested votes shall be counted in accordance with such decision, On motion of Mr. Boors it was ordered that the reso- Juuon be printed and lie on the table, He gave notice that on Friday next he would ask the tndu: the Senate to submit some remarks in regard thereto, Mr. Wattacs, of Pennsylvania, submitted the fob lowing resolation :— Reso.ved, That the Special Committee on the Counting of the Mlectoral Vote be instructed to inquire and report te the Senute upon the following propositions :. Firs—the electors of President of the United States are a part of thy machinery of the federal overnm ond-—The power to appoint them is in th on, to be gusarantecs of the exercived under the restrictions and tugerul constitution, Third—The power to nscertain who has been elected Pres ident aud Vice Pre: f the United States by cvantin: the electoral vote is 4 quasi judicial one and carries with i the right to inquire anu decide what ure vot Fourth—This powor iv in the t#o houses seting concur rently as independent bodies. Fivth—Kuca house may examine doth facts and lew t enable it to determine these questions. 1. Are the returns of the Kiectural Colleges before them the trou returns? 2. Were the yotes therein shawn to be cast given by those lie Dente to the of electors of the Prosi- " certificate aud seal of the Executive authorit; is ina fark is pri State, hioile of prool_ muy be overthrown by the decision of the highest Judicial tribunal of the proper Stute or of the United States, of it may be contradicted by evidence of plain mie- take oF palpable frand, ‘Secenth—When two returns come from a State the twe houres, acting concurrently, must determine which is the true 1 Eighti—No electoral vote cun be counted without the concurrence of both how ‘The resolutions of Mr. Wallace were laid over until to-morrow, and the Senate at half-past three went into executive session, After a short time the doors were reupened and the Senate adjourned, proof ot th HOUSE OF REPRESENTATIVES, Wasuinarox, Jan, 8, 1877, Mr. Wituis, (dem.) of N, Y., offered a resolution in- structing the Committee on the Privileges, Powers and Duties of the House in counting the Presidential vote to ascertain whether any votes were given at tho re. cent election contrary to the prohibition contained in the first section of the second articie of the constitu tion—torbidding United States officials to be appointed electors—and what ought to be done with them, and whether any and what provision ought to be made for securing a faithtul observance in the future of such section ; also Lo Inquire Into any facts aflecting the fair. uess of the legality of any electoral votes certitied to by been cast at such election, with power to send for persons and papers. Adopted without a division, HK POLICE BOARD, Mr, Lxmoyys, (dem. ) of [IL., offered a resolution forthe Appointment of w select committee of five to imquire, first, whether any members of the late of present Board of Police Commissioners of the District of Columbia have been guilty of improper conduct it thor official positions pending any investigation be fore the Board; whether any membor of the Board has used or attempted to use the Superintendent of Po. lice or any member of tho police torce for corrupt or im- proper purposes connected with any Congressional jo- Vestigation with a view of tnjuring of disgracing any member of such committee; whether any momber of the Board has interfered with or attempted to imteriere With the administration of lawin the courts of the District, and whether the police organization bag been used for any improper or corrupt purpose, with power to send for persons and papers. Adopted without dive: sion, POLITICAL DISABILITY OF RLECTORS, Mr. Kasson, of lowa, ollered w résolution instructs ing the Select Committes on the Privileges of iho House in regard to the counting of the electoral votes to inquire whether any elcctoral votes were east by persons laboring under political disabilities, and if so what action should be taken thereon, Adopted. Mr. Bucksxe, (dem.)of Missouri, moved to suspend the rules and pass the billaboush'ng the Board of Police Commissioners of the District of Columbia and tran ferring its dutios to the Commissioners of ti Mr. TuxocKMONTOX, (dem.) of offor a resolution instructing tary Affairs to inquire and Agreed to unanimous! T it on Port as to the presen) {CONTINUED ON NINTH PAG)