The New York Herald Newspaper, February 2, 1877, Page 8

8 THE COURTS. Seragenarians Seeking Severance of the Marital Tie. MARRIAGE IN HIGH LIFE Paying the Penalty of Fraud- ulent Assignmenta 4 FRENCH TEACHER'S CRIMES Well nigh sixty years ago, and almost on the same day, in the village of Schrecksbach, In the ancient and warlike, though somowhat contracted, kingdom of Hessen, Germany, Katharine and Joba Dickart frst Baw the light of day. For twenty-four years they grew in flesh and mutual aifection and then were mar. ried, For twenty-six years thereafter they rendered allegiance 10 the royalty of their native State and each other, and came to America in 1867, Here they seem to have lived ia a state of peace aud loyalty to tho cou- Btitution of their adopted country and each other ‘until the year 1876, The advent of this centeantal seemed at once to bring a cloud over their thirty aod five years of weddeg sunshine, and open war took the pluce of domestic poace. They had ab last diseuvered that their temperaments were incompatible, that they must separate if they would be at peace, or one or the other would be compelled to tako up aresidence on Bome other part of the terrestrial glove, During, the coutennial there seems to have existed between Qem « continual decluration of war, and on several occasious the rough edge of battle joined. The result was that in the mooth of October last Kathariue gathored together the houschold goods of ber husband, aud shaking tho dust from her leet on his threshold, cast of his home, his company and his affections tor- ever, She then, through her attorney, Charles Goelier, commenced a suit, in which she asked the Court to decree her a separation from bed and board on the ground o1 cruel and inbuman treatment on the part of her buspand Joun, and that he be compelied to pay her a suitable allowauce weekly and discharge the expenses of the proceedings whereby he was to be bo compelicd, In her complaint Katharine writes down bitter things against John. She charges that at no tune during their thirty-tive years of marred itte did he treat her with Buch uualloyed tenderness to remove bi conduct wholly beyond the suspicion or taint of cruelly and inbumanity. But duriug the past two f Ngupe ‘bis cruelty und inbumanity was such thut she 1” DO hesitation in swearmg toi, In the spring of 1876, us their residence in Forsyth street, be, without provocation, struck, kicked, beat aud knocked her down, severely injuring her tace and body and evdan- ering her ile. Again, io the mld monta of Septem. co ol the sume year, equally without provocation un her part, be cruelly assuulted her, seized ber with ““nbuman zeal” by the throat, deprived her of breath, and only by her “superhuman efforts and struggies and frantic and feuriul cries,’ did she succeed in escaping with her lie, To this, she says, wus added that other form of cruelty which breaks no bones— abusive epithets aad threats, ull of wuich rendered 1t ‘unsute for her to live with him, From und alter ‘Ast of October last he refused to support ber, although she had always been an obedient aad faithiul wile, aud left her, ut the age of fitty-nine, to provide tor herself and thar tour children, the youngest of whom 1s of the tender age of twenty-three yeurs und the videst Datthirty, She says he bas money bid away in mys- terious banks, of which she bus geen the books, but Cannot tell the names, and wants the Court to hay tts hands im the torm of an tojunetion anda receiver on the property until a fair “divvy’’ can be made, Such 13 the substance of the wite’s complaiut. ‘Tbe busband, through bis attorney, David Lovy, pau in his answer to the grave charges wade aguinst im by bis alienated wite and puts also a diflerent lace on their marital affuirs, He dems geverully the al egations of cruelty, and states affirmatively that all the crachty and inhumanity tn the case was pracused by ber, He always, be says, treated her with kindness and affection, us a husband ‘should treat his wile, but that her treatment of bim, especially during the pust two years, bas been “unkind, crocl, treacherous und improper.”” He 1sacoa: mercbunt, having a cart tor his yard, and he and bis sou Joba and the horse bave Doen doing tue best they could to support the family, Up to the 14th of November, 1874, be bad accumulated bavings to the amount of $124. On that day of finan- tial disuster tu lnm, while he was temporarily absent, bis wie got access to his stroug box, took ull his sure plus capital und depaited on a two inouths vacation, At the en. of that time, “having spent every dollar,’? Bhe returned contumucious and unpenitent, She compelled him to rest bis aged boves on o lounge, cold and alone, But even tnis cold comiors she would not permit him in peace, About nine o'clock On tho night of the 26tn of October, 1576, while he was “quietly retiring on his lounge tor rest, the plawutf then and tuere presented herself with a large caryit kuife in her bund, avd bel the same in a violent and ferocious manner ob bis breast, exclaiming ut the same tume that she was bound to take his Iie.” In self deience be sprang to his feet, seized botu her hands And took the kuie from her, But she bad no iuca of Submitting to deleat so early in the tight. Disarmed of the kuile, she secured us ber Next weapon an iron Tange, and staied she was “bound tw sp it bis head open.” Of this he aiso disarmed her, she, as quickly, serming @ plece of wgod, and when be caused it to Lull from her exbausted grasp, she heaved a decp sigh of Moruiication aud submitted. This, be believes, is the assault which she charges him with, Un difleront Over occasions did xbe make similar demonstrations /) aguinst bis tranquillity, driving in bis pickets and com- pellg Lim to get all bis Jorces im line to re- sist her attack, On one of these occasions their child, John, remonstrated with ber und endeavored’ to restram ber, but sho very goon reminded him of his duty’ by threatening to chastise bim With an axe. At lust caine the déuoue- meut, Ou the 1st of October Iast this wile, whose temperament, he says, 18 unusually vile and nature aud character excitabie, again leit bis Louse without cause oF provocation, ‘There was ho moncy to take this time, but im lien thereof she took uli bis furni- ture—everytning belonging to his bousenvld, except a bureau, leaving him and “two of their children desti- tute of a bome.”” He bas never seen ber since. As to his property, he denies having moncy in a savings or any other bunk, and all of this world’s goods leit to comfort him in his old age ig his borse und bis cart, wherewith he carries warmth tothe beurths of the pour ag Well ns Lis own, He concludes his complaint y a final siap at his ‘treacherous,’ rebellious and vel- liget 11; denounees her complaint us a fubrica- tion; asserts that her suit 1s not brought in goou faith, but ‘for the purpose of apnoying and barassing nun, and usks that she be turned out of court. ‘The case 18 bn the calendar of the Court of Common Pleas tor trial bu Monday next, when doubtless the yerdict of w jury will be invoked to declare which 18 the aggressor and whieh the aggrieved of these two aged Iiigubts and combarunts, WEDDING. THE “COMPO” Avery singular suit brought by Stephen IL Aldon Qgainst Eugene N. Robinson gives promise of reaching & termination pretty soon through a decision given yesterday, by Judgo Lawrence, sustaming the recent order of reference granted in the case, The facts of the suit have been trequently given. 1118 brought to recover some $30,000. The plainu states in his com- plaint that the detendant, who was thea a mem- ber of the firm of Robinson, Chase & Co, was married at the plunufl’s summer resi- dence, “Compo,” at Watertown, Conn, on the 18th of May, 1872 Prior to the marriage Mr. Alden was requested to spare no expense and, in fact, have it one of the most brilliant weddings of the @ay. Ho carried out these instructions, and the re- gult was an expenditure of $11,350, which was tho first item in the bill of charges sued for. item of charge ts 25,000 for entertaining Robinson and his wife and their friends at “Compo” during the period of the honeymoon, during which time, as 18 stated in the complaint the pluintil “supplied tem with every cure uod attention, including servants, carriages, ‘wines, cigars, jiquors and board.’? It bs 6 that the plainuitl’s wile took a trip West wit deiendant and his wile, which Was not altoge enjoyable one tor Mra, Alden, It 1s charged that she hud held Robiuson while he was drank and prevented bis using 4 pistol, and altogether durivg thy trip sul- fered from Want of sleep and mental terror to that de- free that $60,000 wus thought no more than a fur recomps Yhis amount, tvereiore, comprises tho tured em in the charge. The closing item of the ac- _gount, $22,221 20, 18 claimed to be due on stock trans- Actions. ‘lhe case, as heretofore stuted, was Bent before a relereo some tin ago, when « motion was made to vacate the order ot reference on the ground of alleged collusion between some of tho counsel. Judge Lawrence, ve- fore whom the motion was made in Supreme Court, Chambers, gave his decision yesterday on the mowon 8s fullows!—*"The charge that the consent to reter was result of collusion Letween the attorneys lor the paint and the defendant seer to me tw be com- pletely overthrown by the ailidavits read in Opposition to this motion. I do not teel inclined, therelore, to disturb the order of reference. The plaintiff does not show how he will be injured by @ relerence, bor that the case is one which it 13 bot proper tu reler, Aw the Order that a commission iswuc was granted by detault, if thero 1s auy reason why such commission should Hot insue the plainulf is entitled to prevent it He Biay therefore move to Vacate the ordur on further SMidavits if he so desire, Motion to vacatothe order @ relerea denied. me porea the person ing 80 prom: Femen| ri the suit brought by Abrabam H. Hoagland agai us assignee of Mrs. Harriott Ada Traubee, a ui of Mr. Alden. Tho daughter claimed that her luther bad given ber $20,000 worth of railroad bonds, which he denied, The complaint aud unswer in this suit, as ‘wili be remembered, exploited pretty thoroughly the myateries of “Compo,” together with a new insight futo fashionable bourding house lite Jo this city, 10 ‘The second | J NEW YORK HERALD, FRIDAY, FEBRU which the daughter and acertain lawyer stood inno | Judge Donohue in Supreme Coort, Chambers, yester ry enviable light. It is unnecessary to go over this old story. It 16 wiready u ‘thrice told tale, BANKRUPT FIRMS IN TROUBLE. A case exbibiting a feature of mercantile duphcity and flagrant attempt at fraud, if the circumstances thus far developed are true, came up yesterday beforo United States Commfsioner Betts, Ethan L, aud George W. Snow, importers of and dealers in galvan- ized works at No, 206 Water street, in this city, fuiled in business in October last, in the sum of $177,000, Au offer of compromise was submitted by them to their creditors at the rate of forty cents on the dollar, For a time this offer was held undor consideration by the creditors, who were at first disposed to accept tt The Snows had been declared bankrupt, aud their al- fairs wero im thehands of an assignee. On a scrutiuy of the book#, however, the creditors claim that the bankrupts had concealed, mutilated and otherwise fal- sifled their books, and refused to show thelr general register book. It was alleged that the debtors’ drut exhibit showed assets to the ainvuut of $40,000 only; that they subsequently, with a view of effecting an ar- rangement with tuerr creditors, surreptitiously added $50,000, making a later exhibit of assets of $70,000, It fs ulso charged that they still conceal property which they should have included in thelr schedule with in- tent to defraud their creditors, ‘The Snows were yes- terday, on affidavit of the creditors, brought up for ex- aminauon before the Commissioner, A man named Levi, a former partuer of Ethan 4, Snow, swore that during bis business connections with the elder Snow the latter on several occasions proposed that they should go igto bunkruptcy. Levi also testitied that Snow, the elder, served u term in the Penitentiary ou a charge of receiving stolen goods On the conclusion of the examiuntion Commissioner Betts held both Snows ia $100,000 bail, fixong the amount with respect to their havilities, to appear on 4 criminal prosecution, that hus been intiiated by tho creditors tu tke United States Court, Counsel tor the accused ap. plied to the Commissiuner tor a reductivn of the bail, which appheation the Commissioner denied, ‘The cuso was thea brought up irom the Commissioners’ Court tothe United States District Courtgyn habeas corpus jor reduction of bail, The motion Blumenstel for the debtors, who contended that the Dail was excessive, the allegations on the allidavit pot cburying any offence, but simply conousions, Axsist- unt District Attorney Foster resisted the motion on the part of the United States, and Mr. Sewell on the purt of the creditors. Judge Blatchiord, atter argu. meut, fixed the vail in $10,000 cach, ‘The buil has not yet been furnishes Another case of alleged bankruptcy, somewhat simi. Jar to thy was also yesterday the subject Ot judicial investigation. Gilbert Baimburger and Simon M. Gang, tormerly dry goods merchants ut Nu, 33 Canal street, were arrested on warrants issued on the aflidavits of certain ot their creditors churging them with fraudulent bankruptcy. The parties were arrested and brought into court by Deputy Marsual Dabdert. ‘fhe present prosecution 1s in point ot tact o renewal of an action taken against the uc cused by creditors of the firm other than those that briog the present churge, Bamburger and Guns were arrested Jast August, they being then arged with making a false exhibit of their hey were then aumitied to bail pending nego- tions for @ compromise, ‘The present proceodings grow out of the same transactions, the present con plainants leging that Bamburger & Gaus had con- Spired to defraud ther ors, and that they are able to pay a hundred-cents on the dullur, Louis Gaps, son of the accused, Simon M. Gans, who was a clerk in the drm of Bumburger & Gans at and previous to tho failure, was also arrested yesterday, charged with perjury in couuection with testimony ‘given by him belure Register Allen as to tho assets, liabilities und general busmess of the concern, At the close of the examination Commissioner Betts held each of the three parties in $10,000 vail. WREICH IN NAME AND DEED. A case coming within the Extradition Treaty existing between the Republic of France and the United States came up yesterday before Commissioner White. Isaac Rech, a Frenchman, was urrested by Deputy Marshal Newcomb on affluavits presented by tho French Consul General at thia port, charging Rech with the commission of a very serious olfeuce under the French laws, The papers im the case show that the accused was'a teacher in a government institution for learning in the village of Eriencourt, in Fraace, which was attended by the children of the villagers; that Rech, during the years 1875-3, bad committed outrages on severul of the yoythiul pupils, and that the specifle charge aguinst bim, and on which the papers tor his arrest bere and extradition are based, wus for violation ot the person of Anna Alman, a girl bo- tween twelve and thirtee. years old. It is xlso stated that the knowledge of @ similar outrage coming to the cars of the mother of one of his victims she died from tue shock, Rect immediately fed to this country, making bis way to the State of Virginia, where be purchased 164 ucres of wild) land at Waynesvoro, on a credit of $2u0. Here he remained isolated, and probably secure from the reach of justice, bud he coutinued to reside in the forest sbaniy Le had erected tor himselt; but 10 an evil hour he came to Newark, J., aod resumed bis old occupation of schoolmaster. Here the sicepiess: eye of justice got u squint of him, und’ he decamped, seoking again his Virginia bome, But the eye of justice unerringiy pursued, und his countrymen Dubert was on bis track, traced him to his lair, ar- rested him aud brought him bere, Rech 13 wbout thirty-six years of age, reticent ag to the charge or auy of the circumstances nopheating bim, but halt admins thut be will return tv France wituout putting the French authorities 10 any trouble in proving a caso under our laws justiying Wis extradition, Pending further examination into the case Regh les in a cell at Ladlow Sirect Jail, STILLWELL ACL PROCEEDINGS. A Jew days tings @ motion was argued at great length betore Juage Speir, of the Superior Court, m the suit of Koiley, receiver, vs. Dusenbury, on beball of the pluntiff for a reargument ot a motion, decision ren- dered on which, on the 16th of January, dismissed the proceedings instituted by pluintit! against celendant under the vid Stillwell act. Judge Speir yesterday rendered his decis.on, denying a reargument. He Stutes that he sees no reason for changing the views already expressed in bis opinion. The reargumont Was fully reported at the time. The phuntil examined deleudant in supplementary proceedings, and, | Jrom such examination that be bad disposed 0 property, the plainui’ had him arrested under the provisions of the Stillwell act, and on the triai offered the supplementary procecdings in evidence in proot of the traud alleged in the transi motion of deteudant’s counsel, the supplementary pro- ceedings Were stricken Out us not admissible, und the proceedings were aismissed on the ground tuat, with- out them, there was no proot of any offence, and upon Ate further grouud that, inasmuch us the plain! tad @ remedy outside of the Sullwell act, aud this not being one of the cates embraced within section 1 of the act, the warrant could not be sustained, A reargu- ment was asked for on the ground of supposed misap- prehension of the Court, vut, as the result shows, the Wourt fully understuod itself’ at the time of rendering iis tirst decision, and a rearguinent 13 denied, with costs, und the proceedings uro dismissed. Mr, 'D. M. Porter appeared for plainuif, and Messrs, Hall & Blandy tor defendant, SUING FOR GRATUITOUS SERVICES, Thomas Cottman was on the 27th day of April, 1870, appointed Chief Officer of the Bureau of Street Cleun- ing in the Department of Health, He pertormed tho duties of his office up to the 6th of June, 1872, when by an act of tho Legn Police Department. His salury was fixed at $4,000 per annum, at which rate he says it Was paid up to March 1, 1872, About that time the Board of Health was Hnancially weakened, and @ resuiution was passed to the effect that employ és must not expect any compen- sation unless the Board had the money to pay them, Mr. Cottman, with rare magnanimity, then oflercd to | attend to bi Proposition the Bourd The tinancial prospec ing. Mr. Cottman celebrated its advancement by the presentation of a claim for $1,000 for mis services from Murch 1 to June J, 1s7z. His bili was approved by the Board, duly certi- lied und reinrned tv the Comptrolicr, who refused to pay. the bill, und hence a suit brougat 1m tho Court of Common Pieas for its recovery. Ile complaint was demurred toon the ground that there was a detect of parties defendant in the omission of the Board of euith, The plainti moved tor judgment on the demurrer as frivolous, and Judge J.'F. Daly yesterday rendered @ decision in which he bolds that the Bourd of Health should bave been joimwed us a party, and te fuses Lo grant the motion, A NEWSPAPEK BONANZA. Tho palmy days of tho Ring régime are again revived in memory through tho announcement given yesterday of a suit which has been a long tine pending, Theeity has just recovered a judgment dismissing the com, plaint in the action of Roswell B, Taylor against the city, This is another of the almost innumerableciaims of which tho Ring was the parent. The plaintiff sued as assignee of the Daily Transcript to recover $11,000 for publishing the minutes of the Board of Aldermen and Assistant Aldermen tor the first three months of cepted without hesitation, vi the Bourd uuiary 1872, The city velended on the groupd that the amount charged Was excessive, and interposed & counter chum the sarge sums whieh the iuined during Tweed’s ination of a long to Mr. Joho P. for the work but that the Transcript Association 41871, Wrongiully and tranduiently procured bills to be nucited and paid, the overcharges in Which reached the snuy littie sum of $174,618 90, which sum the deferdunt could recoup and set off against the claim of Taylor, His complaint is, there- fore, dismissed, with cost A LAWYER'S VACATION. In a suit brought by the Mechanics’ Xavings Bank of Chicago against J, Carman a motion was made betore Transcript bad traudulent! rr As the cave involv er; but suvsequently, oa | Jature be was transierrea to the | oMlctal duties gratuitously, which | improv | day to open a default taken in October last, when judg” ment wus entered against the defendant. A similar motion, it appears, bad once been made and argued by Mr. Sickae on the part of Carman and Mr, Julius J. Lyons on the partof the bank, and denied by the Court, On the motion yesterday Mr. McRae stated that the pregevt owner of the judgment against his client was an ex-minigter of the Gospel and connected with the tract society? that he was irsesponsibie, and that the default sought to be opened was due to asum- mer trip Which he (counsel) took, and forgot the case, In opposition Mr, Lyons produced affidavits und leters showing that the defendant und his lawyer had knowl- edge of the -uitin August last ile they claim p. to huve heard of 1t until October, ‘This indicated lach: on their part which the Court should not excuse, and the motion, be argued, should be denied as on the tor- mer occasion, The Judge tuok the papers, SIXTEEN YEARS ON THE LIMITS. Among the mysticisims of legal phraseology is ‘‘be- ing ou the limits” It means simply that when an impecunious judgment debtor might be locked up 1p jail he is allowed his treedom on giving whut is cailed @ “hmit bond,” in which cuse the Sheriff becomes re- sponsible for his production whenever required by any process of the court, this bond the party is prohibited trom gioing outarde the limits of the county. Sixteen years ugq Jolin F, Broderick, aguinst whom a judgment for some $600 was obtained, gavea bond 10 Mis effect. During all these years he bus not been allowed to yo off Manbat- tan Island, Which to many ‘would, of course, be a serious restriction of {reedom., Moved by compassion in his cuxe, Judge Donohue yesterday, on appheation of Mr, Grattn, ordered Broderick’s uischargo und the release of Lis bondsmcn. . SETTING HIMSELF RIGHTY. The proceedings before Judge Donohue, in Supreme Court, Coambers, preceding tho discharge from Lud- low Street Jal of Dr. Rutus Wagner Flint, the mee dium, was gatisfactory, no doubt, to the discharged Doctor and to all the counsel who put in an appears ance on that occasion, 1t was nut thus satisfactory, however, tu Mr. G. W. Wilson, why all ulong had been fighting too legal battles of the incarcerated Doctor, Mr. Wilson states that the pubs Hshed letters of ver, Flint and himself give au erroneous impression as to the tacts, As for is own letter, written, as explained mumediately atter- Ward as having been sent by toistuke, wand being, ut all events, strictly coulidential, he knows of no rules of prolessioval courtesy j Mg ite publicity, Aa to the letter of Dr, Flint, he says that not only Dr, Flint knew 1 to be fulse, but that both Mr. Townend and his partner Were tumiur with its falsity, as they had culled upon the attorney tor Dr. Flint, who haa charge of bis case beiore he was employed, to huve tis identical mutter stricken out. NEW YORK UNIVERSITY. A decision was rendered yesterday by Judge Law- Fenco on the demurrer raised to the complaint of the University of the city of New York agaist the city. An assessment for $1,440 was imposed on the University property for Widening Laurens street. Ihe lots were sold for non-payment. On bebult of the colicgs a Wwmporary injunction was obtained against granting the jvase to the purchasers under the gule, and suit brought to vacate tue ussessment = ‘The principal point for tho planulls was want of authority, lor waut of publication of the ordinances 10 the corporation pa- pers, to which answer was made that the Validatiun uct of 1872 made tue assessment valid ub initio, Judgo Lawrence holds that te cannot, under section 3, Lawa 1874, interfere in an action in the nature of a bill in equity to remove u cloud upon a title created by an wssessment, Judgment was directed tor the city on the demurrer, RENEWING A LEASE, William H. Flandrow, a creditor of the late Tunis Van Brunt by virtue of an assignment mado by tho Marine Bank of Chicago of a judgments obtained against Van Brunt io bis iifetime, is seeking to compel the Sailors’ Snug Harbor to renew a twenty-one years’ lease of No, 78 East Ninth street, purchased by him un- der the execution upon such judgment. Tho n.atter has been before the Court some time, and has been ouce belore the Court ot Appeals. Judge Lawrence, belore Whom a motion in the case was argued, ren- dered yesterduy the following decision :—‘‘lu tho cuse w 49 N.Y, P. 160, 161, although 1¢ 18 stated that no execution was issued in the iifetime of the judy. ment devtor, 1t does not appear that the Court of Appeals luid any stress upon that fuct in arriving at their decision, Judge Alien, in his opinion, says:— ‘But wn execution cannot issue without the order of both tribunals.’ And, again, ~ “Tbe act of 1850 is not 1 contlict with the provisions of the code or incon- wistent with the remedy given by it.’ It is cumula- tive and adds another restraint to those already existing. Lean find nothing to bis opinion which i- dicates that the issuing of an execution during the life. time of the debvor und its return unsatistiod would render an application for leave tu issue execution im- mediatety ufter nis death, In obedience to this decision 1 am coustrained to grant the motion, ”* SUMMARY OF LAW CASES. ‘Tho suit of John McGuire against the city was yester- day discontinued, by order of Judgo J. F. Daly, in the Court of Common Pleas, = * Ia the suit of Louts Ehmann against Anna Maria Ebmann and the Bowery Savings Baok Judge Speir yesterday, upon application, discontinued the com- plaint as against the Bowery Savings Bank. Judge Speir yesterday settled, on appeal, the case of Anna H, Butler against the American Popular Lile Insurance Company, the full facts of which have been heretofore fully published 1m the Hzzanp. In u suit brought by William Paul against, the First Baptist Chureh to recover for work and labor and money paid, Judge Speir yesterday gave an order referring the mutter in controversy to Jacob Miller. Judge Sperr, of the Superior Court, yesterday grantea ‘an order for a commission to examine Frank Hyde, in Galveston, Texas, in the suit of Francis . Wineman va. the Rewingson Sewing Machine Company. ‘The Motion for Wxation ol costs and expenses of tho Commissioners of Estimate and Assessment tor open- ing l0vth street from Bloomingdale to Riverside avenue, and 140th street from Eighth uvenue to Har- Jem were postponed yesterday to the 6th of March wad the 27th of February, respectively, George Lnness, the artist, wccording to a decision given yesterday by Judge Donohue, is allowed to put in a supplemental answer in the suit brought agaist him by Messrs. Doll & Richards, the picture dealers, of Boston, the facts of which have been pubiished, A writof bubeas corpus was granted yesterday by Judge Donohue in the case of thomas Carroll, com- witted, as the petition says, upon a charge of ‘pre- tended larseny from the persou.? It is claimed that there 18 ho Such crime and consequently, sue commit- ment is ilegal, Judge Douobue also granted writs of habeas corpus yesverday in the cases of Kobert Siebert, charged with Tunning away with three sewing machines, wod Au- drew J, Mitien, held on a requisiuon of Governor Robinson on the Governor of Pennsylvania, to answer alleged vioiauion of the laws of the latter State. in the matter ot William Booth, au impr debtor, Judge J. #. Daly yesterday rendered a de denying an upplication for bis discharge. ‘The suit on Wwhick b2 Wus luprisoned was brought m the District Court tor an alleged breach of warranty in trading horses. Donohue yesterday, on application of Mr. F. Howe, granted writs of error in the cases orze Lewis und Peter Delaney, These parties were recently convicted ta the Genera/ Sessions, beiore Judge Gildersieeve, of highway robbery and sevtenced, respectively, to prison for twenty and iifteen years. ‘The granting of the writ sends the matter betore tho Supreme Court, General Term, for review. Applicauion Was inade yesterday iv Judge Donohue | by the Board of Prustees of the Church of thd Taverna. | cle tor leave to mortgage their church at the ‘corner of Sixth avenue wnd Thirty-iourth street, for secure a loan for this sum trom the Unned states Lite Insurance Company. ‘he ouject 18 to pay off a mort | gage tor $75,000 held by the Bowery Savings Bank, the | latter being ut 7 per cont interest and the new mort | gaye being at 6 per cent The application was eranted. Tne following named gentlemen, ussistants under United Sta District Attorney Bliss, have been re- quested by General Wooutord to hold on in charge of their respective departineuts:—Generul Foster, iv the © at bra Mr. Tremaine, Customs, and Messrs, nN Roger M, Sberman and Albert D. Herrick in the Luter ns Revenue Lepurtinent. Ju the report of the suit brought by Lewis J. Van- derville against Lawre: , Cuilanan, it is stated that the amount sued for 18 $5,000, instead of $20,000, that Vandervilie made two diflerent statements in regard to bis property and that a motion is now pending Iu the Court of Common Pens tor a deficiency tor some $5,000 due Mr, Callanan in the cage, The trial, which is Kot down for Monday next, promises to be ab inter: esting one. In tho suit of 8. Margaret Jones against Charles R. Carpentier, the defendant was committed tor contempt 1m relusing ty obey an order of the Court to be exam ined before a referee in supplemental procecdings. He applied to Judge J. F. Daly tur an order to show cause Why bo should bot be allowed to purge himsell, 1 was granted, The matter was argued and Judge y yesterday rendered a de purging bim trom contempt on payment of $10 costs and a stipulation to appear and be examined, Henry H. Dexter brought a eust against Thomas bs | Bail and Charles E. Ray to recover commissions tor sules alleged to bave been mude for the detendants since 1874, He recently made a inotion beture Judge J. F. Duty, in the Court of Common Pieas, jor an order compelling the defendants to exhibit their books to us- cortu wt and how many sales were made, Juduo Duly, yesterday, rendered a decision denying the moe tion, with $10 costs, provided defendants furnish a sworn statement of such sales within ten days ulter a specific demand; otherwise the motion is denied, with Jeave to renew on additonal papers. ‘There was further argument yesterday before Judge JF. Daly, holding Special Term of the Court of Com wm Vieas, on the application for the appointment of a receiver in the suit of Jobu Olleador! against Edward W. Wilson for aissolution of partuership, ‘bis is the suit Whie bus brought to light the tuct of the exist- ence of a secret for rejuvenating teas, the full partic wars of which have be jready published in the HenaLp, All the various counsel, General Roger A. ihu Root wnd Simon Stern, participated in It comprised m discussions ol dry questions of Taw with not the slightiost bint of the mysterious secret in regard to tea rejuvenation, which 1s really the on! int of public interest in Spent vv ah Daiyook the papers reservin; decision, Marshal Thomas McSpedon commenced an action aguivst the city a few months ago tor arrears of salary, The salary was uxed by law #t $9,000 a year, but the las: seven mouths of 1871 he was paid ut the rate of $4,000, to which it was reduced without authority by the Board of Estimate, aud the balance sued for 1s $533 83, The city demurred that the plat tit! was a city and not a State officer, and, theretore, that the Board bad power to deal with his salary, Judge Lawrence, in Supreme Court, Special Term, tains the demurrer and yesterday guve judgincnt the ry wus couctuded y: Court, beiore Judge Benedict, Ho was charged under the act tor the suppression of viee, of sending obscene matter through the nail The jury, oddly enough, d1s- agreed, There were eleven tur conviction aud oue— the oddly placed disseatient among his conireres— warded off lor the present the stroke of justice. Jacom is still in custody aad will ve tried again at tho next term of the court. Peter M. Perine claimed an interest in the estate of Peter Martin, deceased, und desiring to reimburse his wile for certain losses she bad sustamed called upon Mr. Backus, a lawyer, to Have hit arrange un aasign- | ment of the interest. ' Mr. Backus, as be says, advised him that it woula be neceasury 1o assign to a third purty. He accordingly assigned the interest to Mr, Huckus, Who was to reassign to his wife, This, as Mr. Perine alleges, he refused to do, and he obtained trom Judge Donchue an order to show cause why he should not be compelled to surrender the assiguincut. Mr. Backus denies that be gave avy such advice, and suys that he took an assignment by authority of Perine’s Wile Lo prosecute the suit for the recovery of the in- terest, He says, also, that Perine ulterwara caine 10 tun and told bun that he bad released bis claim to J, W. Schanck for $1,500, Sud Schanck clans to be sole legatee under the will, Ho also avers that Pere owes Lim moncy for services and that the wile has never made any demand for the assigument, The mouwu was belore Judge Donehde yesterday in Supreme Court, Chambers. jobu Paul broognt a suit against the city to recover on a $800 certilicate of the tuwn of Morrisana. The city tailed to interpose an answer, and judgment was entered for the lacy of the certificate, with interest. A motion was made before Judge J. F, Duly to reduce the Judgment vy throwing out the inserest, 1b was claimed that the interest could pot be collected unul a demand was mado on the Comptroller, Judge Daly, who, yesterday, gave a decision in the cuse, hoids that the rule does not apply te obligations of the city, whieh, by their own terms, bear interest, Me holds further ‘that there 18 no dilference between obligations of tho towos of the annexed aisirict, which by the statute are made uebts of the city of New York, gad original obligations ivcurrea by the latter corpo: tion; that the debt 1 a debt of the full amount due on the contract by which itis created tor principal aud interest, and that the tnterest ran on the vertificate by virtue of its own terms, independent of demand, He therelore denies the motion, Lut witvout costs, DECISIONS. SUPREME COURT-—CHAMBERS, By Judge Lawrence, Tho People, &c., vs. The Muson Manutacturing Com- pany.-——Motion denied, but with leave to renew on fur. ther affidavits if the plant’ suai be soadvised, Seo momoranauin, McKeon vs Green,—Motion granted, provided that iotion be argued when reached at the March Gen- ‘Lorn Memorandum, Matter of Durtee, &e.—The report of the roleree seems to me to be right and should be contirmed. In respect to the lauds ut Now Bedford ] canuot under- tuke io this proceeding to determine the question of the title of lands situated in another State us between wlunauc and 4 third party. ‘Yhe other suggestions and recommendations of the referce appear to proper. Let wu order be entered in accordance with these views, Dobbs vs, Reynulds,—Let an order bo entered re ferring the matter to Mr, Moges Ety. All the allidavits presented ou this motion are to remain on iile, Seo Inemorandum, De Wolt vs, Ofingor et al—Motion to continue in- Junction denied, See memorandum, SUPREME“ COURT-—-SPECIAL TERM. By Judge Lawrence. Alexander vs, Morgan ot ul,—Ordor signed, Long va Mayor, Seif counsel intend to hand im brivis I wish they’ would do so us soon us possible MeSpecon vs, The Mayor.—The defeudauts ure en- titied to judgment on the demurrer, with costs, See memorandum, By Judge Van Vorst, Coggey vs. Moura et al—Complaint dismissod, Opinion. COMMON PLEAS—SPECIAL TERM. By Judge J. F. Daly. Matter of Yates; Muban vs. Pauldiog.—Counsel will attend beforo me vn February 2, 1877, ut halt-past ten. Matter of Wenner. —Notico of this application must be given to the other parties interested, Matter of Goldman, —Lien discharged. Matter of Booth,.—Writ discharged and prisoner re- manded. Opinion. Jones vs. Curpenter.—If defendant pay $10 costs of this proceeding and the referee's fees und attend for examimation before the refereo on February 3, at twelve M., proceeding on attachment will be stayed. Paul ys, The Mayor,—Motion denied. No costs, Opinion, . Dextar va, Ball. —Motion denied if defendant furnish Sworn statements. Opinion. Hulin et al vs. Underhill—Motion Opinion, Gallney vs. Demarest.—Motion granted on payment of taxable costs tu date, Coltinan vs, Tho Mayor, &c.—Motion for Judgment on demurrer denied, Opinion, MAINE COURT—CHAMBERS, By Judge Mead Boyd va. Eblers; Teots vs, Ot1s; simon ve, Mooney; Ellis va, Mcir,—see indorsement on papers, Virartes vs. Menot.—Order settled, Hoernide vs, Stevens.—Relerod to Edward Jacobs, Wott va Gray.—Action continued against repre- sontatives. ” Jeffers vs. Buckmaster.—H. N. Beach appointed re- ceiver. Harrison ys. Cohen.—Referred to W. Rethbaum, Martine vs. Hartman, —Motion denied. Schaler vs, Koho,.—Motion granted, Barnowaky va, Jucoby,—Detaults noted, Boothby vs. Fincon.—Sureties approved of, ‘Tnileman vs. Askey and another,—Urder settled, Neviile va. Arnoux.—Jumes McNulty, receiver. Collins vs. Anthony.—I'be practice of applying to one judge ex-parte tora stay alter another judge bas denied the upplicauon is a violation of the rules and must be discontinued ; a repetition of the impropriety will receive more serivus consideration. + Porter vs. Robins; Maxwell vs. Wood; White; Puris vs. Roraback; The ¢ vs, Schapert; Booth vs. Bernheimer; Jordan ¥s. Baker; Smith ve Jone, Palmer.—Orders granted, GENERAL SESSIONS—PART Before Judgo Gildersleove, YOUTUFUL BURGLARS SENTENCED, James Reilly, aged twenty-three years, broke into the shoe store of William Henderson, No. 390 Third avenue, and stolo two pair of boots. He pleaded guilty and was sent to the State Prison for two yeurs, James Kelly, of No. 46 Washington street, and James Byrnes, of No, 59 Washington street, both youths, were arraignod on the charge of breaking a pane ot glass in the store of John Stirrup, No, 193 Washington street, on the 29th of January, and stealing u carving kat ey both pleaded guilty, and were sent to the State Prison each for two vears. Mark Robnozer, eighteen years of age, and haviug no residence, pleaded guilty to the charge of stealmyg property valuod at $33 from the premises of Mary K. Bogardus, of No, 24 West Forty-tirst street, on the loch of January. He was sent to the Stato I’rlson tor one year. granted. Wot vs, and Contral Bank It vs, Stovens; Provost vs L COURT CALENDARS—THIS DAY. Surrewe Cocnt—Cuamnnns—Held by Judge Dono- hue. 78, 85, 95, 153, 104, 257, 257, 202, 209, v7, B08, B10, SIL, B12, B14, B15, 317, 818, B19, Buu, O21, Manisg Cocar—lniat Teea—Part 2—held by Judge 7078, GU8X, Sddz, VO44, YOOS, B1Z7, 8293, , 9082," 90US, GUL4, 8904, BYTL, 8725, ‘or GENERAL Skssioxs—Part 1—Held by vove.—The People Hugh Grier, felo- Goepp. —Nox. Covxt Jadge Gildersh Diousuxsauit and battery ; Same vs, dobn Connors, bur- glury ; Same va, Willian Kelly, Thomas Mabonoy, Frank SeGinn and John MeGinn, burglary; Suine va, Wiltam Forrester, burglary ; Same vs. Williain Foster, burglary ; Samo vs. Frank Smith, barglary; Same vs. Henry Doner, grand larceny; Same vs, George Andrews, grand larceny; Same vs Wilham Thomas, grand larceny; Same vs. Henry Ullman, grand sarceny ; Same vs. James Williams, peut larceny; Same vs, George Solomon, petit larceny; Same John Ryan, petit larceny; Same vs, Mux Goldstein, torgery. COURT OF APPEALS. Aunany, N. ¥., Feb. 1, 1877, In the Court of Appeals, Shursday, February 1:— No, 144 Heetzel va Barber.—Argument resumed and concluded, No. 164, ‘luska ve. O’Brien.—Argued by Erastus Cook for appelluut und A. J. Vanderpoel tor repoudent, ‘The following 1s the Court of Appeals’ day calendar ruary 2:—Nos, 191, 162, 151, 73, 142, for Friday, 122, 141, 17134. JOHNNY KANE'S KIDNAPPER, Peter Quinn, a rough looking man of sixty years, trembled at the Tombs Police Court yesterday morn- ing when called upon to answer to the charge of Jar- cony. Tho prisoner was the culprit 1 the supposed abduction of the little boy John Kane, whose sudden disappearance on the alternoon of Monday last caused gucu commotion. When the boy returned to his home the same evening, minus bis jacket, and described the appearance of his abductor, Detective -Moran, of the Fourteenth precinct, took copious notes and ‘At once started on the trail, The result was Quin arrest. At the Mulberry stroct s1 house the boy, who 1s seven yeurs olu, Was asked to point out his ductor, anu, Hotwithstanding the fact that Quinn bad shaved olf bis wh 4, promptly selected him trom a number of men, The prixover could not, of course, be heid for ubduction, but for the charge of larceny he ‘was commitied vy Judge Kilbreth in defauit of $2,000 bail, Quinn said in explanation that wos drunk when he cutived the boy away, He t him to Wast- and into au uiley, w stole bis ARY 2, 1877—WITH SUPPLEMENT. ; i RE, RAPID TRANSIT. An Auswer to Mayor Ely on the Feasibility of an Underground Railways A FAVORABLE REPORT ON THE SCithaik. Can It Be Built for a Mill- ion a Mile. OPPONENTS OF GILBERT'S ROAD. Tho revival of the underground railroad scheme ap- Pears to mect with the approval of capitalists in this city, and it 18 generally believed that tf $1,000,000 can be raised at home there will be no difficulty in raising the balance required from foreign sources. A HenaLp reporter paid 4 visit yesterday afternoon to Mr. 0, Vundeuburgh, a gentleman who hus been much inter- ested in underground railroads for over ten or twelve yeurs, and the following conversation ensued :— Rerorrer—Can -you. give mo some information in Tegard to the Great Metropolitan Railway Company f Mr, VANpeNuuRGH—Tbhe company t# not yet organ- ized, but as we have a charter and franchises that give us the right of way tor nothing that cost the Metro- politan Underground Railway in London about $23,000,000 | do not think we will have much diMcuity iu raising the preliminary million that we vow require, Revokrkr-Isee that Mayor Ely is not in favor of uaderground railways, Mr, VaNDENBURGH--So J perceive, and I have just written this answer to his attack. I will read it to you:— A REPLY TO MAYOR RLY, Will you allow me to‘present sume facts refuting’the atemept made by Mayor Ely to tho Sixth avenge property owners, that tho underground system of rail. ways in London could not be adopted on account of the hard, rocky nature of tho soil, a be au unproductive investment of cap situilur works bere. First, let us look wt bome. tind that the New York and Harlem Railroad, paying for material and labor (under contracts let in 2) bigher than Wax ever belore pald in the absence of war in apy couptry, coostructed not only two tracks, but four sets of tracks, through more than half tne length and tne rockicst part of the elty ato coxt of $1,500,000 per mile, lu these coustructions Immense masses of iron girders were used instead of the cheaper brick arches, in order to keep an open way fur the two contril (racks for untighted couatry trains, Openings ure now regarded by the London cngincers as undesirable for city cars that are to be properly lighted, and Messrs, Fowler & Wilson, the engineers of tue London underground railways, have shown und repeatedly stated, alter Mr. Wilson bad caretully examined the ground bere, that the line from City Hail to Forty-second street can be made, exclud- ing stauions and at present prices, for loss than $1,000,000 per mile, Let us now sce the ruin this would impose upon capital, In 1875 the Third Avenue Katlroud earned $75,000 net per mile, 734 per ceut interest ou the capital If this horse railroad had cos $1,609,000 per mile, wnich dgull an underground railway need to cost per inile. Hud the same work of conveyance on Third avenue been done by steam, owing to its economy over horse power, the net Income Would have been over $150,000 per mile, of 74 per cent on a cust uf $2,000,000 pur nile, ‘Tui 18 not Very ruivous to capital. Let us now turn Jor one moment to London, Their tuncels have cost Jess than $1,000,000 per mile in w soil more costly to penetrate than our solid ruck, and where tor about one- third of their length they are below the tide level, ‘The soil is in alternate layers of quicksand and tuo most tenacious of clays ‘Tunnels are now made any- where throngh solid rock for $1,000,000 per mile, the contract or the Gothurd vemy for less. Ninety mil- lions of dollars have beon ivested im underground railways In Londou, and no one has veeu ruined. ‘Of this about $60,000,000 bus been paid tor tho land in whieh to lucate them, If the Mayor means to pub- Nsh to the world that it will not pay to make an uoder- ground railway through the densely occupied portions of thiscity, witha right of way given here that has cost irom $3,000,009 to $6,020,000 per wile in London, 1 tnink Le will live long enough to see that, uninten- Uoually, no doubi, he wus misrepresenting and degrad- ing this clty as uolit for (he civilized capital and capi- tulists of Europe to enter or touch, not because an underground railway won't pay, bul because of the profound ignorance of its leading citizens conceruing the civilized appliances required for its improvement, Reporter —Then you think that this road can be built for a million a mile. Mr. VanpkxuurcH—lI think the construction of the road from the City Hall to Forty-sixth street will cost under five aud a quarter milhons, THK PROPERTY OWNERS ANSWERED, Among the promowrs of tho Gilbert Elevated Rail- way, the new opposition to its construction made munifest in the visit to the Mayor on Wednesday of Sixth avenue property owuors and business mon does not excite any apprehension whatever. It is argued that the committee represonts only about four per cent of the property on the avenue, and all opposition ig confined to them, and beyond this it 18 claimed that this new move fs atthe tpstigation of the Sixth Ave. nue Railroad Company. 1t was remarked by a gentie- man interested in the Gilvert road that when the char- ter of the company Was obtuined tn 1872 little or no Opposition was ‘manifested, and, jo fact, not a complaint was heard until a hue wud cry was raised by the sixth Avenue Railroad Company. For several months the Rapid Transit Commissioners were in avssion, discussing the various p.ans und hearing all protests, but not one was received against the Elevated Road through Sixth avenue, Perhaps this in « measure was untable to the fact that mavy believed that money could rot be raised for its construction, now discovering their mistake. It is emphatically denied by the Iriends of the Gilbert road that there cup be avy depreciation 10 the Value of property on the ave- nue, or that any proof can bo given in substantiation of the assertions mado before Mayor Ely in this re- spect. On the contrary, it 18 claimed that as a basiness street the establighinent of the road on Sixth uvenue will add to 16 importance, Arguing trom the point tuat the business success of the aveuuc bas been due to the fact that it has been a great thorough- fare, 1 is claimed that with the construction of the Elevated Railway and a greatly increased travel on street there tnust be a corresponding increase of bu: ness in all the retail stores, Under these circum- stances it would be vtretening a point, they say, to claim that a general depression 1m business would bo the resuit of the propused construction of the Gilbert Elovated Ratlway. THK MAYOR'S VISITORS’ PROPERTY. From mquiries nade by u Hukaup reporter yestere day itappears that the deregatiun waiting upon Mayor Ely on Wednesday represented property having w trontuye on the avenge of something over 800 feet and the ussessed value of $451,500. Of their number H, ©. F. Kocr, Richard Meares und 8. Aliman represented only their business interests, The ussessed value of ali the property on the avenue, according to the last valuation, 18 $15,246,750. The following table tho individual interest of the above:— Wo that it would € Lot. Assessed vame. Feet. Value. Frod De Peyster. 88 x 70 $20,000 G. HL Be, Idthandlith 69 xl00 60,000 G. H y Aith and isth «18 x 69 Mucy & Co 37 x 00 Jobn Hell 27T x 6b H, Arousou 150 xluv 78,000 HL, Aronson. BA. S8x 100 16,000 K. J. King... > sylvester Brush. EA, Morrison De Peyster.. © Fred De Poy Jumes Galway... 431 and deh 47cb and 4suh 6T¢h and 58th Assesged value ‘Total trontage (Leot) Another getitieman, Who 1s heavily 1 property ou Sixth wvenue, and wt the ardent supporter of rapid transit through it, stated positively that the present opposition was instigated by the Sixth Avenue Railroad Company, and leit to the leaderebip of .K. A, Morrison, .From interviews that he had bad with many properly owners, ne did hot consider that wny such feeling among property owners generally existed ns had been represented 19 Mayor Kiy. Property owners were, he said, naturally conservative. Many having doubts as to the eflect of the proposed road felt called upon to oppose ity con- strocvion, and thus bave the chances in their favor, all were ‘Ip favor of rupid transit, but would rather have the road upon some other strect than upon that in which they were interested, RH. Macy was formerly opposed to the scheme, but was now sutistiod bat it will prove of advantage to his business, So Mr, R. A. Whithouse, one of the largest property owners on the avenue, sof the sane opinion. Owning @ great deal of corner property, Mr. Whithouse had oflered $10,000 to tue company tur each station upon his property. It was a recogn’ i osition bad but little strength in it. A pron f had been approached und requested to matter to the courts, he added, but upon louking for tis retainer he fonnd that none of the op position were willing to contribute a dollar, The idea apparently was to use bim us a catypaw, and iu case of hon snecess leave bim in the luren to tice wll suits tor damages on hig own responsibiiity. It was tho same in West Tuird streot, where there was a great cry the road, pscriplion lists were sent apound among the property owners, but nota doiar could Le col lected tor the purpose of instituting legal proceedings, THE ALDERMEN ON UNDERGROUND ROADS. Tho following preamble and resolution were yester- day passed by the Board of Aldermen on motion of Mr. Henry D, Purroy:— Wheroas the experience of ten years 5 ont in frnitiess st efforts tu sequre rapid transit has clearly tod th fur as the northeastern section of Manhat Island ned) the muin hope of ® taut question Hes in the team transit irom the Grand Ventral depot to the City Hall; and whereas there is ulready constructed wate wid unobjectionavle rondway for steam transit, | the « funding from the extreme northern boundary of this eity Thirty see ond ste Fourth avenne, of abor r of roi py Mali; a road from Thirty second stroet to the Wit; frasidie aud 4s accomplishment i of grent importance 10 tion ot thee citys tay rosperity HerKe iP und therefore deserving the careful’ couslderation Board; therefore, be it be, and is herei im Resolved, That tis Hunor the Mayor directed, to ascertain the feasibility of eoustrueting by dread, commence! ‘de HEAT THE CARS. ALDEEMANIC ACTION-—-THE BAILROAD COMMIT: TEE SUSTAINED IN THEIR OPPCSITION RE PORTS—PHILOSOPHIC REASONS OF MESSRS REILLY AND GUNTZER. When the majority report of tho Aldermanic Rail- road Committee opposing the heating of the city rail- road curs wascalled up yesterday Mr. Cowing spoxe strongly in favor of adopting the minority report He read trom the agroements entered into by several ‘of tho city railroads, which clearly proved that the Common Cvuncil had entire authority over the placing of heating apparatus in the cars for the convenience of the passengers, He pext detailed the points of argu. ments made before the Railroad Committee in support of the project, and argued against the shifting of the responsibility pon the Board of Health. Alderman Reilly asked whether it was not he (Mr. Cowing) thut suggested consultation with the Board of Health, Alderman Cowing answered by stating that it was Mr. Phillips, of the Third avenue roud, who made this proposition, That gentleman wanted tho matter looked upon simply in a sanitary way. The publie wus entitied to un experiment upon such an idea, He next alluded to the profits of the Third avoaue Kach car made daily, over expenses, trom $14 to $20 per day, He did not think it onerous upon this company to expend a sinall amount in order to text this quesion. 'hey watered theie stock from $1,250,000 to $4,000,000, ana they now grumbled be- cause they did not get 100 per cout upon their investe ment, O'GUNTZER'S EXPERIENCE. Alderman Gunizer said the comuitttee never qu tioned the rights of the Aldermen to control this mat. ter of heating the cars, ie bad consulted sevoral physiciuns, wud they agreed that tho heating was not feasibic—it Would prove unhealthy, Ho hoped, there- Jore, that the majority report would pass, Al n Coie supported the argument of Mr. Co ing. Tho cars now were>not healthy, and the peop had rights in tue mater which should be provected, VON RKILLY’S TACTICS. Alderman Bryan Reilly thought tt proper to explain his conneciion with the subject. In riding on the curs he talked with the drivers, nnd also went to Brooklyn and rode trom Atlantic avenue to Fulton ferry. The views of the conductors und drivers there were thut the people felt comfortable without fire in the cars. Mr. Reilly nere spoke of his record i the Board us representative of the people of the Fourth Senator! district. He objected to consulting with tho Bourd of Health, It was not a question of beating the cars, bus a question as to rapid transit, The eloquent gentie- Muu next went into a dissertation upon the iojustice of injuring the property on Sixth avenue by the pro- posdd continuance of the Gilbert Kievated Railroad over that route, He concluded by stuiing that a visit to Brooklyo would convince ull of the impossibility of heating the curs, AMENDMENTS. Aldermen Pinkney suggested that one tn every ten of the cars should be heated as ap experiment, ‘Alderman Sbeils moved an amendment tuat the cars on Second, Third and Eighth uvenues north of Sixty. Qlth street should be heated, ° Both these amendments were voted down. ‘The resolution attached to the report was amended 80 ag todirect the Board of Health to compel the rail- roud compauies to keep, while en route, the front doors: of their cars copstautly closed in cold or storiny weather, und that clean straw be provided tor the floor of every car in such quantitics and seasons as tho Board might direct, TUE VOTE. Tho majority report, as thu: passed, as follows: Yias—Aldermen Cole, Erhardt, Guntzer, Hall, How- land, Joyce, Keenan, Lamb, Morris, Pincknwy, Reilly, Salmon, Sauer, Simonson, Slevin and Tuomey. Navs—Aldermon Purroy, Cowing, De Vries, Lowis, Phillips and Sheils, Aldermau Coie, who championed this proposition to beat the cars, stated, fu expiauation of bis ulflzmea- tive vote on the majority report, tbat he was wriling to tavor the smallest concession which could possibly bo obtained from the railroad companies, THE FORGERY AGAIN. amended, was thep EXAMINATION OF MAXWELL AND BLOOD—A FURTHER POSTPONEMENT. The examination of George L, Maxwell, the Wall street broker, charged with uttering the forged $64,000 cheek, took placo at the Tombs Police Court yesterday belore Judge Dutty. The prisoner, 1t will be remem. bered, was admitted to bail shortly after his arrest in the sum of $50,000 and his examination deferred on account of hus illness, Tho facts elicited in the hearing were mainly a repetition or those testiled to in Chad- wick’s examination, How Maxwell came in possession of the forged check was gone ito in detail, and his negotiations with the Union Truat Company, through his broker, Sylvester L. Blood, were explained as on the previous occasion, Tho prisoner took aseat by the sido of his two brothers ut half-pust ton o’clock, looking careworn from the effects of his recent illness and carrying crutches, A large number of lawyers and spectators interested in the case were present, Representing Maxwell was Clarence A, Seward and General J. a. Foster, Counsellor W. H, Peckham appearing for the Union Trust Company. EXAMINATION OF SYLVESTER L, BLOOD. The first witnoss called was Sylvester L. Blood, broker, of No. 16 Exchange place, who testified thas on the morning of January 2, Maxwel!, who had dese. rooin iu his vilice, banded Lim 4 check tor $04,225 on the Union Trust Company; the check boro the sigha- ture of the proper ollicers of tho New York Lite In- surance Company, at least what purported to be their signatures; witness had the check duly cerufed and cashed, and the amount was placed to the , credit’ of Maxwell on bi books; on tho day the check was cashed witness louned $15,000 of the proceeds to Mr, Mitchell und $10,000 more to E, H. Chapin, receiving theretor seven per cunt interest; did uot pay Maxwell anything f the use of the proceeds of check over night. Witness denied Lhaving made a statement tothe effect that he made the loans mentioned to show that Le was in an eusy financial condition that way; he would, however, have beeu avout $40,000 short on'the day mentioned it it had not been for the recexpt of Maxwel!’s money; sull Ke could have easiiy Obtained the money neces. sury by burrowing; be bad, in fact, prior to obtaluing Maxwell’s check, nade appiication for a ioan trom AM Mitchell, but be cuuntermanded the same on receivin, Maxwell’s money, Witness understood trom Maxw that be was to muke the check good the following day, In unswer to a question by counsel Mr. Blood ueniod ‘that be was under the iniluence of liquor on the after. noon in question, aud thatho had wbe put mtos coupé; Maxwell, witness stated, was a member of the Stock Exchange aud occupied the witness’ office; he (Blood) paid Maxwell on demand $50,000 in tive gold certificates of $10,000 cach; bad known Maxwell tor ten years, On cross-oxamination the witness testified that when ell hunded him the check he stated that he had ed it irom an uptown customer to purchase | gold; be was not acquainted with hurace E. Brow! but ‘thought ne had seen him in his oflice sever times im conversation with Maxwell; did not know Kelter or Chadwick; was not rolated in any way to ; Cotonel Blood. Lemuel C, Wightman, bookkeeper for Mr. Blood, took the stand and deposed that tho check was catered to edit of Maxwell, and that Mr. Blood was not ine toxicuted on the day i question. Horace E, Brown Was vere brought in apd Identified by witness, who suid that he first saw him in 1868; bad sven him several tines ce, but not to speak with hun; remeinvered one oceasion When Brown was in the oflice conversing with Maxweil aboutsome experiments in soap in which they were interested. While the witness was proceeding a writ of bubeas corpus, granted by Judge Donobue, was served on Judge buity tor Julius Kelter, wno is heid as a witness in the House of Detention, The usaul return was made to the wri Vice-President Beers, of the NewYork Lite Insur- ance Company, next took the stand and testified that the signature on the $64 00 check Ln del to be his was a forgery. He exhibited the cueck book ot tI company, showing that check No, 1,259 (the same number ag that on the forged check) was issued Junu- ary 4 for $186,000, ‘Ihe next one prior to that was lok $23,607 87, and was issued December 80, His com. pany had already tken steps tu learn if any of the ems ployés bad divulged to the criminals information about the company’s business to assist them im the forgery. Alter some further unimportant evidence the ex- amination was adjourned until next Monday morning, BUSINESS TROUBLES, A petition in bankruptcy has been filed against John Campbell, Peter C, Campbell and Thomas MeStavo, composing the firm of Campbell, Mcstave & Co., linen importers, of New York and Cincinnati, by the follow: ing creditors Donald & Co., $8,030; Whiteside Brothers, $6,726; Inglis & Uv., $5.867; Samuel Lone, $2,500; B. Bernard, $4,135; Hartley Brothors, $639; Field, Morris & Fenner, $1,685; Unger, Meyerbeer & Co,, $301; Herman Bernheimer, $631; William Thomp- sou & Co, $763; Lehman Brothers, $404; Rhuad Grosvenor & Co, $007; Jobn Farrell, ,070. eae Reports have been received in thie city of the bank- ruptey of several large tirms in Boston, Sylvester, Sius & Cy,, rolling mill, have b forced into baak- rupley by their creaiors, Kaward A, Hardy, of the Belmont Hotel, aud Hatching, Plaisied & Co., orgaa mMuanulacturers, have fied voluntary petitions ta bank ruptey. jucou T. Hiffelshoimer, oils, at No, 170 Front street, has bevu adjudicated an involuntary bankrapt vy (CONTINUED ON NAYPH PAGE)