The New York Herald Newspaper, February 13, 1877, Page 5

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INSURANCE AFFLICTIONS. The Continental “Recuperative Scheme” Explained by an Agent. SUITS IN THE -COURTS. Further Glimpses of the True Inwardness of the New Jersey Mutual, Superintendent Kelsey's Report to the Cegislature, Reforce William Allen Butler held another sitting yesterday at No. 22 Nassau street in rolerence to the affairs of the Continontal Life Insurance Company, Tho principal witness was S, U. Hammona, whose mame has before appeared in the Hrratp with refer- ence to certain transactions on the Pacific coast, His evidence contains some very lucid explanations of Several little irregularities to which the Continental ‘was addicted. i ‘TRSTIMONY OF 8, U. HAMMOND. After being sworn Mr. Hammond testified’ as fol- Jows:—I am a member of the firm of Hammond & Grub, Indianapolis; saw R. C. Frost last Wednesday on Broadway; last met L. W. Frost in June; have been employea purchasing policies for the Continental Lite Insuracce Company; purchased policies in Cah- fornia, Nebraska, lowa and the Scuthern States; made Srrangements for a reinsurance of some of the Conti. Dental risks in the Southorn Life Insurance Company; Price of the contract was $23,400; L. W. Frost ‘was with mo in California; I was there nearly five months; arrived there in September, 1876, and Frost followed in October; the amount of reserves Purchased in California was between $100,000 and $200,000; took with mo to the Pacific a descriptive hist ‘of policies to bo purchased or oxchanged; in ad- dition 1 found a good many risks not im tho list which I disposed of; obtained the list from L. W. Frost, with instructions as to using it; the highest purchase limit given me was Ofty per cont of the roserve; if | exceeded it, bowevor, it was accepted by the company; 1 also of- tered the policy holders in exchange new policies on the Continent! plan; Moore oftea purchased their Poiciés out and out; when a new policy was given the policy holder received so much im cash and se much in premium; my own expenses camo inside of the flty Per cent limit on the reserve. A COMPREHENSIVE INVENTION. My impression 13 that the Continental plan policies Are on substantially the same principle as tue New Jersey Mutual’s decennia} term policies; these eon- tracts are loaded, according to the argument of Mr. William Barnes, 133 per cent; tho ustfal loading in or- dimary contracts ia irom twenty-five to thirty-three percent; | purchased in Nebraska between $25,000 Aud $80,000 of reserves; was there only a fow dys; the risks held by the Continental in the Southern States amountod to between $2,000,000 und $3,000,000; 1. bad instructions to buy them up altogether; succeeded with all but about $600,000, which Was reinsured in the Southern Life; the contract tor ‘hat reinsurance was drawn up by William C, Whit. nev; the price of $23,000 was paid by a sight draft; tbe Southern Life failed about six months after the sontract was made; went to Cincinnati in June with L, W. Frost and G@ Hilton Scribner; on that trip noth- ‘og special was said about a reinsurance in the New Jersey Mutual; [ at first thought the protit upon the purchase of roserves went to the company; some- thing eccurred afterward to make mo thiuk the protit ‘went to the officers; Frost told me one day that the company had made mach money, that 18, the difference between the full reserve and the amount paid to the policy holders; L asked Frost how many there were in ‘the company, and he replied there were himself and Beveral others; I sent the purchased policies tothe office here; u release accompanied each one, the terms ef cunceilatiun; most of e reeases were in my handwriting; Frost never to my knowledgo got a dollar of the money paid to the Southern Lite; my ealary from the Continental on the first agreement, made in July, 1874, was $7,500 per yeur, and expenses paid; by a later agroement I got $10,000 a year and expenses; all My contracts were mage with L. W. Frost, excepung the California one; that was made with the agent. WHY THE POLICIES WERE PURCHASED, In the spring of 1876 1 was told there was a reason for buing in the reserves; the company was unable to keep certain agreemeuts, and there was a necessity for such a course; the ground on which 1 actea was based on tho inablity of the company to fulfil its con- tructs; I gave this same reason to the policy holdersin 1875 and 1876; believed tt to be true, and the thing was done openly; the company was to play Solvent here in_ the East, and inselvoncy in the West and South; | suppose 1 bonght altogether bout $2,000,000°0f reserve; the company had an agent here wao bonght up policies; the West and South were in my bands; the Commissioner ot Insurance of Cali- fornia denounced the whole thing; the Continental ‘was obliged to *freeeze out” 118 policy holders ; they neg- lected to send out esurene notices, and many pohcies were thus allowed to lapse; the Southern agents vere ‘Withdrawn ; enough wus said tome to cave the im- pression on my mind that the Continental would trans- fer its business to the New Jersey Mutual; Judge Gil- dert’s decision destroyed that intention; my experi- ence in parchasing policies showed that those in good health would sell their contracts more readily and ata lower rate than the sickly ones; some of the latter ab- solutely retused to well. A PECULIAR BUSINESS. ‘The witness was asked what & term policy on the Continental plan? and replied Teadily, Most people are as anxious to know how to get out of an insurance contract us how to get in; tho Continental plan was a very good way for them to get out; the California agent, Mr. Blake, did notat first ike ‘to aid im the purchasing schemo; alter a conversation ‘with Frost, however, he labored enthusiastically ; my pay for services in California was $5,000 per annum and expenses paid, and ten per cent upon the reserve purchased; the last.commission paid to mo amounted very likely to $26,000, A COOL AVOWAL. There is nota company in New York that did not eeze out’? its policy holders in the South and some elsewhere; that is what is called *recuperativo power ;’’ the process of buying in policies 18 techni- taily termed “wrecking; there aro a great many modes of wreckin; uch as bie orcmy buil-dozing, in- tumidating, &&« am familiar with all of them; have been in the 1 ipsnrance business about fitcen years had the Continental not been dis- } We should have gone on purchas- Policies re in January; should bave dono so wheth reinsurance bad been effected with the New Jersey Mutual or not; in muking a remsur- ance of part of the Southern business 1 inade proposi- tious to the St, Louis Life, the Piedmont and Ariing- ton, of Richmond; the Mobile ,and other compauies ; my business was only that of an ayent of the Contin- ental, and my instructions were to reinsure those Bouthern risks, provided I could find any company foolish enough to take them, This concluded t! mination of Mr. Hammond; jt he will be called aguin within tho next fortnight, when ho is expected to present some of the documents connected with his purchasing trips. George W. Thompson, the bookkeeper, was called, and questioned with regard to cortam entries in tho ‘books of ‘commuted commissions,’ and the reference then adjourned unt!! this afternoon, MB. KELSEY’S REPORT TO THE LEGISLATURE ON THE NEW JERSEY MUTUAL LIFE, Trextox, Feb. 12, 1877. Secretary of State Henry C. Kelsey, who, by virtue of his office is ez-oficio Commissioner of Insurance of the Stato, submitted tnis evening to both houses of the Leginiature a report of the examination which he has mado into the affairs of the New Jersey Mutual Life Lu- surance Company, of the city of Newark. Most of its details and statistics were published in the Huraty of theBist ult, After referring to the proceeding im court at somo length Mr. Kelsey says:-- by jovernor Pa jor as receiver is t that the concerns of the compan: diministered faithfully for the benefit of tho *s final report it will be observed that the anding policies Is actually $1,697,017, Interested By Mr. Fackl foxervo ‘on outs & which alone increases the company’s deficit by beyond the amount approximated in his prelimina or to-n toval of $618,900. And this too, on the assumption that the mortgages ‘submittes and examined are worth their tace, which from positive valuations made J seriously estion. "fhe company furnished the exnminer with a list of mort- gages ns In thelr posossion, but did not_produes chem, which there is abundant reason to believe are fraudulent ‘and known so to be by the company’s ollicers. WIN’ y's books it appeni ans on frequent ocensions and eo . Baldwin, of New York, “secured by hi The cl r of the company exprens! “That part oof the funds shall for the purpose of banking, and no investments shall be made except either in loans on bonds and mort- Kaen upon real estate of double tie value of the debts xe- Cured thereon, or in United States stocks or stocks crented by any State fh the Union, of in bonds of the eity of New- ark, of in bonds of such other cities uf the United States as igk be upproved of by the Di N ten the undsof the eompany on th New York aout of the of the Middle Department. '¢ As & director of the company, ine of its principal stockholders, ¢ Woon swilt to avow the entire suiveney of the uuxtness. provic ve NEW YORK HERALD, TUESDAY, FEBRUARY 13, 1877.-TRIPLE SHEET. formation touching Investments which ¢ president Bimelf could not furnish. reas ‘THE NATIONAL CAPITOL GaMk. ‘The New Jersey Mutual had toras cules, Crafisnien's aud Hope Life companice a ound. she Continental, the Nutional i ditch” remains to auce is to follow, it must be had reinsur- Nis ily, for a bill is now nding in Congress for thie repeal of the charter of the Retionat Capitol Company. Circulars have Leen issued and cards published by Mr. Benja ‘oyes and Mr. i. W. Baldwin pow ing 00 gaara and protect the interests of icy holders, butin what manner the “protection” is to extended is not asserted or apparent. in the consideration of the question of the extent to which the policy holders of the New Jersey Mutual have been frauded, « few fizures pertinent. By the statement filed in this departin condition of the company on De- cember 31, 1875, it appeared that they had total ansets 1,808,881 99 , a8 to Dolley . of. 2 $1,443,158 00 Thus showing @ surplus on pol- icy holders! account. of, 3°5,728 99 1,808,881 90 —-—___+ ‘The total cash income of the company for 1873 was shown to be $813,542 50, of which $724,659 40 wns for premiums, apd the balance, $88,872 91. for interest, dividends and Be. The sotel wg Crpeditures wero Tt Ale 30 Fa howing » surplus of receipts over expenditures in a single Jene of $200,124 20. im are taken he ny Joh hus resn! innocent policy, jolders of this company has at the same time destroyed » business which, under bonest and prudent management, could but have been prosperous and honorable. STATE ade is dincreditable to our State, and espectally so to the city of Newark, where th compiny was orfziuaily orcaniaed and les main dien alt if such great wrong to the many thousand rsoyman Reems to im ment which has r this ruin and dishonor, With this exception the record of the Anancial institutions of Newark is highly creditable that city and justiy the pride of her citizens and of all the {the State, Her insurance and bunking, as well facturing interests, ure vast und of the highest several of her corporations in the varions classes ranking. In stroncth and atability second to none in try. This blot js greutly to be lamented i indue to Ms, D. v. Fucklor, who w ie th re * man preciation of the ‘high responsibitities a well prieties of the position, alshough his’ patience and, temper were, to ny | knowledge, at times sorely and, ax { ‘elieve, designedly tried; he wns inteliigently assisted by Mr, Joseph L, Naar, who also discharged all the duties devolving upon ‘him in a prompt and enti tistuctory manner. t conclude this “report with zreat regret that it could not be of w different churac- ter. Had the law governing my been less restrictive Tam confident that [ might hi mn instrumental in four hon- inxurance Jaws as in your discretion seoms best culeniated to render thelr effect moro conducive to the welfare und protection of the people in the future. Kespsctfully submitted, ENRY C. KELSEY, Secretary of State and Commissioner of Insurance. FINAL REPORT OF MR, D. P. FACKLER. . Attached tothe above 1s the final report of Mr. D. P. Fackler, the actuary, from which the following is taken :. Hon. Uuxey C, Keiser, Secretary of State, &c,:— Sik—As now requested by vou I will proceed to state what hus beon done aud ascertained since making the for. mer report, dated January 10. Ja 15 (Monday), at your request I wrote Mr. | Sted- well, asking him to appoint somé day th wegk on which he would exhibit the company's assets tulf | On the 16th be replied, appointing sriday, the 19th. On Wednesday, the 17th, he ‘called at iny office and wid he might have to defer the matter, as he expected £0 meet porsous ou Friday to negotiate for putting up $300,000 of additional assets. I said it was important that thls matter shonld'n ot be deferred auy longer, and as he to show Mosel had appointed Friday he ought on that dni me all the assets that he feally had, and he woul Ve allowed rewso ime to show any furth might obtain by negotiation, On the 18th he sent » note saying he must ask furthor but making no — promise would show the securities, It the forenoon of the 20sh would be accepted, and that ax he hac proposed no new xp- Pointment he must let me know whether he would pressnt. them onstho 20th. This answer was sent by messenger about neon on the 18th. No reply to this was received, and Jatec in the alternoon of the 19th the company was served with a notice to make good its deficiency, as required by law. VALUATION OF POLICIES. Tho valuation bad gone on ail this time, from two to three clerks having been employed trom the first, and in the last week four clerks. ‘The peculiar dificulties of this work were referred to in the former report. Tho results of these yaluations are bricfly as follows, sccording to the American Experience Mortality Tabie, with four and on per cent intores! 10,r96 polteles, insuring $19,861,682, requiring i on ordinary akxumptions a “net reserve of... $1,556,226 ‘or 225 cases of insnfticient premium must be added oe yee «49,320 And for 3.547 “cases ‘of peculiar ‘term pulicie should bo added.....5. 91.421 Total... iene $1,607,017 iv this valuation’ should be mndo much larger: for a great many policies bear special indorae- monty reducing the preminin puyabie below the rate stated in the body of the policy und in the register. which indorse- ments are not in the registers nor on the Hats {urnished me by the company ; though on December 18 1 made a special written request: for information ax to that very point. It should alxo be added that about 100 policies were omitted front the company’s valastion sheets by an oversight. For ten dass prior to the pretended sranster to the Nu- tonal Capitol I was extremely apprehensive that some un- derhand work was in progress. On the 27th, finding that the secretary and cashier were both in New York, I felt very sure of it; but beyond reporting that fact to you {t was im- possible to do anything, Very respecttully yours, D. P. FACKLER, Special Examiner, Janvany 30, 1877, TWO SUITS AGAINST THK NEW JERSKY MUTUAL, ‘he N Jersey Mutual Lite Insurance Company through it bs ood Jn this city issued a policy of insur- ance jor $5, on the life of Roman A. Browinskie, for the benefit of his mother. This policy bas now become payable by reason of the death of the insured. In 4 suit brought for the recovery of the amount of the policy by Mr. G, W. Cotterill, counsel for the claimant, Judge Barrett, 1n Supreme Court, Chambers, yester: issuod an attachment against the New Jersey Mutual Compan; nd the Capitol Lite Insurance Company, which was chartered by an evot Cougi Ther for this double attachment 18 stated to be as tollow: The New Jersey Company is understooa to have mado @ contract with the Capitol Company to reinsure its policies, and under that contract the New Jersey Company 1s supposed to have turned over to the Cap- ‘tol Company a large amount of its assets. The legal- ity of this transfer 1s now being contested in the courts of New Jerscy, and yx-Governor Pi of that State has been malo receiver in proceeding and demands th» assets. To that suit the Capitol Company was not purty. It the contract besween the two compat ¢ Invalid, then the Mutual Company is Hable on this pohey, and the attachment holds good against it. If valid, then the policy holder has a logal claim against voth’ companies, and tho attachment holds — good against both, The Cupitol Company, it 1s claimed, has pinged itself in a somewhat peculiar position. Not ing a party to the suit in Jersey, any decree of the court in that State could not deprive a party making a claim aghinst that company of any of his legal rights, and should not, it is claimed, inasmuch as that company holds the transferred assets which legitimately’ belong to the policy holders, Another foature is that this policy was taken out here in New York, and the Jersey com- pany has $300,000 of its assets in the hands of the (nsurance Superintendent at Albany. .But this money tan only be touched by the policy holders through the interposition of an act of the Legislature, which Will probably be applied tor, Tho present defect of tho law in this respect is regarded as a boneilt to the Pehey holders, tor otherwise itis expected the de- pesits would have beon long since drawn out by the companies. Mr, Smythe, the present Superintendent, hw persistently, and 1+ 18 thought very properly, re- fused to pay over this money, and insists in holding it for the benefit of the porey holders untit some Jaw mukes it his duty to do otherwise, A VERDICT AGAINST THE COMPANY. Catherine Kily, a8 admimstratrix of her husband, Janes Kily, has brought 4 suit in the Superior Court to mcover on a $5,000 policy of insurance taken out by herbusband in the Now Jersey Mutual Life insurance Company, and tho case was tried yesterday before Judge Curtis, Itwas claimed by tho aoe that her bustand examined in March, 1874, by the com- iy 's surg nd was approved. He died In January, 875, tron bleeding of the lungs, The company de- fended the suiton tho ground that Kily was rogis- tered by the Etna Company, of Hartford, and by the Manbattan Company, of New York; that ne knew he ‘was jp ill health, and that the iwsured warrants all statements contained in the policy, The jury gave a verdict for the plaintiff for $5,604 71, being the full amognt claimed with interest pears atalaa THE EQUITABLE LIFE ASSURANCE COMPANY IN COURT—JUDGE BARRETT'S DECISION. Sults against life insurance companies are recently becoming of frequent occurrence in the courta. Among the suits now pending in the Supreme Court is one by George K. Leet, who states in his complaint that in January, 1868, he got his lite insured for $10,000 for the benefit of his wife, Sallie Bryan Leet, in the New York Equitable Life Assurance Association of the United States, On this in- surance he paid $63 70 quarterly premiums, A rule of the company requires that notice shall be given to the insurer of the timo the payment of the promiam is due, He states that he paid seventcen premiums, receiving in each case prompt notifications iu advance, 80 that he looked for such notifications as 4 matter of course, without burdening his mind with tho memory of the times the payment fell due, Qnexpectediy, instead of the usual notice, ho re- q@ived one that his policy had lapsed through non- Paymont of his premium. He immediately unaertook w ity the mist by tendering the amount duo, tmt the company would hot take the money. Ho asked t bo re-examined by the boorich at irgeon, which was also denied, Sent iu perfect health at tne time, and in_perfect heulth yet, being only forty yoars of age, He gays that at that time over $100 were due him for dividends, He charges that the failure to serve him with notice was part ot a scheme to offeet the lapse of his policy, and characterizes such scheme ada system of fraud. In his suit claims and de- mands his equitable privilege of restoration, and thas the action of the company lapsing his poltey bo declared void, The case camo loa ak lore Juago Barrett, holding Special Term of the Saprome Court, The company interposed a demurrer to the camplaint, sbtting forth three grounds:—First, that the plaintif! bas vot the legal capacity to sue; second, Unt there if a detect of parties through. not naming big wile as a plain; and third, that the complaint dots not state facts suflictent to constitute a cause of acton, Judyo Barrett yesterday gavo his decision in thecase, overruling the demurrers, Jollowing 18 hisdecision + | prochaim the sntegrity of its manage fen ind. nasal direetiy. wud by innuendo the fxuminers and tie motives and purposes drive examination, and for thie purpose liveral use was Hikde ot ue ‘That his relations to the ninn- aenene Femanably conclisive from «and the nddid at Hits oftice wax constant! thes od ye by the jOere Ke ae) “itory of securities see ol tus company aud limwell as in possession of In JUDGR BARRETT’S DRC! the enso in that the alleged suv- ry tally set forth, netually misled fn tho desteuetion of the premiums en eT preision of notice, here the plaintiff and direetly resul and joa bya of alt | old, hamdrum tii the simp). th, it itnout ic fraps compensating adi tr tho Peadilent Gchstem titiared ineedh Bhat eta dae whee Im into papal ‘due to the plaintiff br ue for dividends. Tthiuk therefore. that cause of wction ip stated and that the plainti! such action, Although th fe the contract pete be) sam company, and damages, if his complaint be true, by reasou of its acts alleged to be frandulent. The case of Hicks referred to in the above decision fg the suit brought by Joseph Hicks against the same eonyeny, bo also insured his life for $10,000 for the benetit of his wite, his arrangement being to ny 2 apnual premium of $450 90, He paid, as alleges, two premiums, and then *got an extension on the payment of the third premium. |e failed te come to time, and his policy was declared lapsed. Judge Barrett decides that he knew the time bis premium fell due, and tor this reason sustains 1) demurrers interposed as in the above case, In other words, he disinisses tho complaint in this case, while Luts’ caso will go to trial, “ONE OF THE OLD STAMP.” A TEMPEST IN A FEMALE GRAMMAR 8CHOOL THAT THREATENS DISASTER. Miss Marsh, Principal of the Feinalo Grammar De- partment of school No. 12, Madison street, who has been charged with inflicting corporal punishment upon a pupil in the Primary Department, was visited by a Henaup reporter yesterday to get her statement in the matter. Miss Marsh isa quict, dignified lady, of decided manner, but winning address, She declined tobe interviewed at first, sayin; 1 prefor not to | give any information on the subject until the matior has been investigated by the Board of Education.” By &@ little persuasion, however, the Indy was prevailed upon to be more communicative. ‘Iam guiltless ofthe chargo of inflicting corporal punishment. I beliove the charges are that tho child was sent to my department on an errand, and that while thero she interfered with the rules of my department and that I chustised her. The child didcome to my de- Partment and called in aloud whisper to one of the scholars, and I admonished her Jor so doing and told her if she repeated it again I would report her to her principal, That was all that transpired. I did not think I was committing a vreach of rules and 1 don’t think so now (emphatically), I bave maintained this Boris for twenty-tive years and have never been rought before the Board of Education for a violation ofthe bylaws, I know the statement was made on the authority of the principal of the Primary Department, Mrs. Franklin, although what her authority is for making it Iam unable to say, further. more than it ts tho statement of the child, I have not questioned the little girl yet, and do not intend to uutil the Board have investigated the matter. The whole thing looks to me ‘like a tempest in a te: pot,’ of 1 may so express mysell.”” “You have, I beheve, expressed yourself guiltless of the charge ?”’ inquired the reporter, in hopes of extend- ing the Indy’s remarks, “Certainly, Iam not sabject to inflicting corporal pinisment any way, and since it was forbidden I ave never offended. ? “Do you lear the verdict of the Board ?”” “None whatever, Ihave the utmost confidence in the Board, I know thom tobe mon of diserituination and I dp not fear condemnation at all, My conscience is clear. 1am conscious of performing my duty, and that reflection sustains me under this or any other charges directed trom the same sp! bat do you think Miss #rankli Feporting you to the Board ??” “I preter not to give my opinion, There is ovidently something at the bottom of it wnich will probably come out in the investigation. Of one thing I am sure. fer charge should first have been preferred to the local Board of Trustees instead of the Buard of Educa- tron, and I cannot think why sho did 60, unless it was to bring me into as much notoriety as possible,” “You don’t strive for notoriety, then??? “No, indeed. I am one of the old stamp, who believe that a lady’s position should be quiet and re- tired, and any notoriety, and especially such publicity as this, I despise, Iam confident tnat ever since L have taken this position I have striven to do my duty by my acholars, and tuoir progress has been my greatest Incentive to labor. I think also that when the public looks back upon iny services they will think that if I was likely to be guilty of such an offence as corporal punishment I should have been convicted long ago.” TWEED READING NOVELS. 3 motive was in NO DEFINITE PREPARATIONS FOR HIS NEXT TRIAL—IS8 IT TO BE A COMPROMISE? For tho last six weeks Tweed seems to have com- pletely sunk into oblivion. Nobody speaks or writes about him, and it 1s probably true that more interest ts ~ now boing felt even in Ryan and Oschwald or in Flood than in the ex-dictator of New York, and it is quite Probable that Tweed feels all the happier for his present comparative obscurity. Was it not Thucydides who said that they aro the happiest countries which have the least histories? The same maxim has been applied to-women, and it may also be applied to Tweed, It there is nothing to chronicle about him it is a good sign that the old man’s peace and comfort at his cosey quarters in Ludlow Street Jail have not been disturbed by the disagreeable interteronce of District Attorney Phelps or of Mr. Peckham, A visit to the Ludlow Street Jail yesterday gave assurances of Tweed’s felicity, The oflicials declared that they had positively nothing to report, Mr. Tweed bad not attempted to break juil again; be had not tried to bribe the warden, Mr Watson, with a million dolar che he bad pot demoralized the waiters and attend. a by scattering about, with too proluse liberality, hundred dollar bills as douceurs; ho had not even laid in a beavy stock of Jobaunisberger, Tokay, trufiles, Pheasants and ortolans, but, forsooth, he bad led his with only this difference that, just as public interest in him had abated, so the number of curious visitors and tho avalanche of idle and pestering letters had diminished, There was novhing new they said. TWRED’S VISITORS.” Tweed was still suffering from the hardships which bo underwent during his ftight‘from this country, und hence bis poysician, Dr. schirmor, was bis most [re- quent visitor, Being still weak, be felt but littie in- climation to take exer in the yard, and seldom availed himself of th.- privilege, but at the same time the ample outlines of bis portly torm were im nowise contracted. His son, ‘Geueral” Tweoa, and Foster Dewey nuw come less frequently than formerly, and Mr. Devlio and his other friends also do not “urop in” quite so often, Mrs. Twoed, the prisoner's wife, and his daughter, Rad ouly been at the jail twice, when they spent the whole afiernoon with hii Mra. Tweed pa a veiled and was evidently louth to be rec nize TWERD READING NOVELS, “And how does he amuse himself all day long?” the r was asked, *‘Well,”’ replied that functionary, ‘he reads all tho datly papers, both tnorning and evening, and if you'd Froud all the papers, advertisements and all, you'd have Just about cnough to do, tov, Then ho reads light literature, too, He has got some nice novels.” What novel 1s be reading now ?”? ‘This was a puzzler and the jailor gave itup, Hence there is no possibility of informing tho reader whether the ex-Boss {8 now being melted by Madcap Violet’s hapless vicissitades or whether he is caliniy philosophizing with Daniel Deronda, in thinking of bis tori comrades who now are living on the Coamps Elysée, like Sweeny, or in Switzeriand, like | Connolly. Tweed, it he has the novel at hand, must bo glad to take up "Put Yourselt in His Placa? “REGRET, BUT CANNOT SEK YoU.’? The persisteucoe with which Tweed bas refused to sce loo in the very jaw of death declared, “The Guard dies, but it does not surrender!” so Tweed says, ‘Rather | would I perish than be interviewed!" The writer, in the fulfiiment of @ journalist’s duty, sent in his card yesterday requesting only a briet interview, or, failing Uhat, an expression of Tweed's views on the result of the electoral count, But the card was returned with this remark written in @ wervous back band, “Regret, but cannot see you.” It is assorted that if the ex-b could parchase his freedom to-morrow by submuting to an interview he would say, ‘*No, rather let me lan- Kush for ever in Luadiow Street Jail!’? Whata relief it would bo to reporters if all the mon who pester them | in order to be interviewed were infected with ‘Tweed's horror of interview!ug. TWHED'S TRIAL. . District Attorney Phelps had very little to say about | the I'weed case. He deciared he know novhing of any | Hegotiations lor a compromise, which, he suid, could | certainly not be carried out without his approval, He had held a consultation with Attorney General Fair- child and Mr. Peckham about trying Tweed, and the agreement which was then come to was that ho “should bo tried soon.’ The great difficulty, however, was that ho must be tried inthe Oyer and Terminer, and that 1t was by no means casy to find a Supreme Court Judge who could spare the time which would neeesarily be consumed by the trial, Mr. Phelps hen not deter. mined on which indictment Twoed would be tried first, Those who ciaim to Know the true inwardness of the case say that there is no intention to prosecute Tweed any further if he will only disgorge some of his plunder. The authorities certainly seem to be in a quiescent attitude as far us his prosecution is con- cerned. LIBERTY'S ARM AND ‘TORCH. Ground was broken yesterday morning in Madison #quare, opposite the Worth monument, for the tempo- fury erection of the arm of Bertholdi’s statue of “Liberty Enlightening the World.” It was exhibited for gome time at the Centennial Exhibition, M ' ures are shortly to bo taken to raise the necessary aw. for the erection of tne pedestal on Bedioe’s island, =. WHERE WERE Last Friday night, at ten minutes past nine, a well known carpet morchant, residing at No. 107 t Thir- ty-first street, was bratally assaulted on Thirty-fourth street, near Fifth aver He was walking along the street with acanc in his hand, when ho was suddenly struck by @ slung shot on the rignt check bone, Kor tunately he was not sinnned or prostrated by the biow, THE POLICK? | merce wi THE CHARLETON-OESE SHOOTING, THE VICTIM LIKELY TO RECOVER—OESE COM- MITTED TO JAIL—A WIFE'S WOES GRAPHI- CALLY TOLD, ‘Wilham Charleton, who was shot on Sunday evening by his son-in-law, Victor Ocese, at the residence of the former, on Tinton avenue, ia the Twenty-third ward, will, in all probability, recover, His family physician, Dr. Williams, assisted by two surgeons who were called in consultation, yesterday probed for the ball, but wore upabie to remove it from the neck, where it is lodged. They exprpss the opinion, however, that Mr. Charleton will be out in a short time unless in- fiammation sets in, Ovso, whose story of bis grit ance was given inthe HxnaLp of Monday exclusively, ‘Was arraigned at the Forduam Police Court yesterday, ‘The affidavit, charging felonious assault with intent to kill, was sworn to by Robert Bauhoff, who was visit- ing Charloton when the assault took place. The polico Judge committed Ocse to the Fordham jail to await the result of his father-in-law’s injuries. Investigations made yesterday by the Hxraup ro- porters and Captain Hedden gave color to the belief that the prisoner not only intended to kill Mr. Charle- ton but his wile, Anno Orso, as woll. It is believed that Jealousy prompted the persecution of bis wife that bo has prictised nearly ever since bis marriage, in sep- tember, 1875, MIS, CHARLETON’S STATEMENT, To tho writer Mrs, Charleton stated jterday that her daughter was married nearly ‘a year betore ber parents were aware of the union, and it was only after ber husband had almost starved her, and when she was lying ill of consumption, that sho notified her rents of hor condition. They removed her to their ouse from Chrystie street, New York, where she had @ dog’s lite with bim. He then begin to call frequently at her father’s, used violent lauguage, railed against her parents, and finally was forbidden the house, On one or two occasions he caine as jate as two A. M. and demanded adinittunce, On these occasions he was mewhat intoxicated, although he was not in the habit of indulging {n prolonged sprees. The Sun- day betoro Christmas he came to the house; admit- tance was refused him and he kicked in the busement door, Mrs, Charleton catled Police!” and becoming alarmed he beat «retreat, Two weeks ago he came again and approached the house so cautiously that ho stood in the presence of his wife and per mother before they Were aware that he was in the neighborhood, IIS ABUSK OF IS Wire, Each timo bo insisted that his wite should proceed to Newark, where ho was carning $10 per wee! gfais,.but sho refused to ever live with him agai hreatened several times that he would kill her, and during cne Visit asked, “*Willacrazy man’s word ve taken in court?’ It is not charged by family tbat he was other than jealous, brutal and negiccttul of bis wife, who is a mere skeleton, so wasted is she in consumption, ‘They think he 1s entirely sane, and, certainly, the fret that the better to gam admittance to the bouse he aved off his mustache and otherwise so disguised inself thut Str. Charleton did not recognize hun, would indicate that he cunningly planned a surprise for the family. MSTHOD IN iS MADNESB, ‘the wounded man states that Victor came to the door, kuocked, and usked for Mr. Charleton, He went to the door, “Can L speak with you, Mr, Charleton?’? was hig first question. “Who are you? Where do you come from?” “No matter; | want to see you outside.’? “Bat who are you?’’ persisted Caarleton, “Iam Aunie’s husband,” he at last sald, “I want to Speak to you outside,” Here Mr. Charleton, who some weeks ago had se. cured Warrant for Victor's arrest, turned to his son and asked him to call an oflicer to make the arrest. As ho turned Victor quickly pulied out his pistol, pointed it at his bead, and saying, “Mr. Churleton, you did wrong,” fired, The ball took effect in his cheek, as doseribed in the Henan of yesterday, und striking tho jaw, was turned downward into the neck, The second shot failed to take effect, A WIVE'S DESCRIPTION OF HER WORS, Mrs, Annio Uese is a very feeble young woman, about twenty-three yours of age, Sho is tar gone in decline, and trom her appearance one would never Suspect that any one would be Jealous of her. Yet she reports that Victor has trequeatly on returning to bis hume charged her with infidelities, and when visiting hor at her mother’s has accused ber ot retnsing to retufn to him because sho was in the habit of re- ceiving young men there. During the nino months she lived with him he worked but three months, nearly starved her, and refused to get ber adoctor, ‘To save lifo, and ashamed to ask her parents for aid, she ob- tained work in a shop. 4 returning home he used to charge hor with meeting gentlemen on the way, He bad an adopted boy, WhO was questioned in her pres- ence as to whether any mon bad been to the house in his absence, She was forced to pawn her clothing to get medicine, and when sho got him a place at $7 por week he rofused to work. On one occasion she gave him $8 of her earnings and asked him to cai}a doctor, He took it and spent all of it but $2, Finally, when too tl to work, she sent word to her parents, who removed her to their home and have protected her since from his brutality. Sinco ho obtained employment in Newark $10-per week he has given her but $6 toward medical expenses. She attributed his action to jealousy and a determination to make ‘her live with him, and believes that he in- tended to kill her as woll us her father, All the neigh- bors, who were closely questioned, concur in the reports of Vietor’s brutality to a dying wile. A NEW ROUTE TO SIBERIA, The report of Captain Wiggan, on his voyage to the Yonissei River, 1s a singular confirmation of the stato- ment recently published by Protessor Nordenskjold that it 8 possible to opon up commerce by sea with Si- beria, Captain Wiggan’s letter was read before the Im- perial Society for Promoting Naval Communications, at the Naval Maseum of tho Admiralty, St. Potersburg, and, among other things, contains the following :— We arrived at Waigats Straits, Nova Zembla, on the 3d of August, We passed through under sail, no ico interrupting us until we had gone about torty versts into the Kara Soa. From thence we proceeded al the Samoyede Land ata distance of nineteen ve trom the coast, no ico to impede our progress, weather warm, and no snow to be seen onany’ot the land. By tho 5th of August wo had arrived off Lutke Island, and the next day proceeded under stenm to the east of the island to examine if there might be any harbor fit tor shipping. Natives caine on board during the day, and, alter staying some time, lelt the ‘ship, — steer ing their large boats toward tho Biadaratskerry Guif They appeared strong, healthy, well built men, and had aquunvity of oil and many seals, ¥ * * Alter a few days we again went to the mouth of t Uraley River, one of the reputed routes of the Rus- sians some 300 years ngo, Who traded constantly be- tween Archangel, the Obi nnd the Yenissei, and wero therefore legitimately the first Europeans who did com- bh these mighty rivers; but we found it im- possible even to get the steam Jaunch in, so shallow was the water and go blocked up was the mouth of the river with sand banks, Rupning north again to exam. ine the state of the ico, and finding sulla iarge quan- tity in latitude 70 deg. 20 min. north, | determined to return south and examine Kara River and Bay, said to possess a commodious hurbor for shipping. Here wo found not more than nine feet of water in the chan. nel and sand banks prevented the steam launch pro- ceeding far up. From here we again proceeded to Bladaratskorry Gulf m the hopes of seeing or com- municating with the Bremen expedition, should they havo succeeded in crosving the isthmus. We there- fore examined closely along tho east coast, round by the river Uraley, thence round by the head of the gulf and on toward an unnamed isiand on the west coast, Here tho Jand ts high and bold, with the high Tmoountain bb of the Urais close inland. All looked green and well covered with vegetati with no snow excepting only the everlasting snow-capped summits of the highest peaks of the Urals, Inside the island we found a good harbor, This would prove a com- modious summer harbor for ships to load and dis. charge curgoos, providing a transit road can be found across the isthmus. From here we proceeded direct to White Island under sail alone, finding all the ice gone from the Yalmat coast. ~ On September 13 we sailed for tho river Yenissot; we started Wo ascend the river on the 26d. On the 26th wo nad arrived abreast of Briochowskey, Hero a native came on board, said to be the King of the Sam- oyedes, named Patchkar, He with great ease piloted us through the rowaining islands, the channels being deep and free trom danger until we arrived at Capo Muksaminskij, Here he could not find the road, and had to leave us, By the aid of our steam launch we succeeded in nearing Tolstanowskoje village. Here M. Kokstaroff came on board and succeeded, with the aid of the native from Korepowskoje, in conducting us to Dudinskoje, the channel all the way being sate good, with plenty of water fora large ‘steamer, Fi We proceeded to Kunetku, whero we arrt salvly on October 17, and where I laid my vessel up for the winter It will be seen that by my having suceceded in as- conding the Yenissei the character of this mighty river has been saved, for the fact of the Swodish steamer not being ablo to ascend must have bad a most damaging effect, and would probably have prevented commerce commencing next year, As it ix, there is nothing to prevent a suitable steamer of 600 or 700 tous ascending or descending the river to or trom the town of Yenisseisk; nevertheless Professor Nordons- Kjold having returned home demonstrates another ost valuable fact—namely, that vessels ean proceed to and return from the Yenisset during the same season, A LIE TO THE TEETH, Officer Smith made affidavit at the Tombs Court yes, terday that Mary O'Hallohan was lying on a stairway in Reetor street in a wretched stato of intoxication, Mary stood at the bar, with a handkerchiet tied about her face, listening attentively to the policeman’s testi- mony. “Ob, Your Honor, Judge,” she said, “I haven't tasted’ a drop of liquor this twelvemonth. 1 came over from Hoboken to have a tooth putied, and alter it was polled | was so weak that | sat down to rest, and the officer took mein. IL haven't tasted liquor in three yenrs, Your Honor,’ The officer remarked, aside, that it was too thin; and the magistrate, strack with a happy idea, asked the prisoner to show bor teeth, Mary reddened to the ears, and sard it parned her ¢o much to open her mouth and, using bis cane with fect, put his assailants to flight without losing any valnab’ He has no means eaty a men whe attacked him and no police ? wide that she hoped ho would not insist upon it. But the magistraio persisted, and Mary discloved a set of teeth not one of which was missing, “Six months on the Island!” was the only comment of the Judge, NEW YORK. SHALL BE DONE WITH OUR CITY WATER Front? An adjourned meeting of the conference composed of representatives of the Chamber of Commerce, the Cheap Trapsportation Association, the Cotton Ex- change, the Produce Exchange, the Ship Owners’ As- sociation, the New York Board of Trade and of tho Gouneil of Political Reform was held in the rooms of the Chamber of Commerce yesterday. Ata meeting held on the 6th of December sub-commnttecs, com- posed of members from the above bodies, were ap- pointed to investigate the present dock system and to report at the next meeting of the Conference. Yes- terday was the time appointed to hear the reports, Captain Ambrose Snow occupied the chair. TUR COMMITTEES’ KXPORTS, Mr, W. R. Webb, of committee No, 1, reported that the committee of which he was a member had met but were not yet able to make a report. He reuda letter {rom Mr, Wales, of the Department of Docks, making appointment with the commitiee for next Thursday, the result of waich interview woutd be made the subject of report tor the next meoting of the Conference. Committees No, 2 ard 3 reported progress, Committee No, 4 mado no report, Mr, John F, Henry, however, of this cominittee, made a statement ‘on the propriety’ of gelling tne whole or part of the city dock property. Ho recognized the fact that the management of the dock property has not been satis- factory and has not resulted in profit to the eity, and favored selling, under wiso restrictions and proper Kuarantees, a portion of the docks to such persons or corporations as may require them for new lincw of vessels or lines already established, but in no case for tho purposo of speculation or for subletting at exces: sive rates to the detriment of trade and commerce at our port, He opposed selling the property indiscrim- inately for the following reasons:—First, because it 1 of paramount importance that pediment should be thrown in tho the> commercial enterprise of our city, but that, on the contrary, should do all in our power to Invite trade to our port and {acilitate both exportation and importation, und to this end should use ever effort to prevent the dock property from being bought up and controlled by speculation, Second—It is be- lheved that tho property cau and should ve made aell- sustaining—as much so, at least, as if it all belonged to private individuals, Third—We have faith in honest government and believe that our interest will be bet- ler served and protected by officials whose acts are subject to criticism and investigation than. by men whose only object is soll-advancement without regard to the public welfare, Competition, and not combina. tion, should be the watchword. ‘The statement was received and laid on the table, The following resolution, offered by Mr. Henry, was also tabled ;— Resolved, That it isthe opinion of this Conforenee that the city of New York should sell « portion of its dock prop- erty under such restri id uurantees as will prevent nnd we bringing of trade to our port wheneve bie to do so, dock property should be made self- cticable and compatiblo with the general intorest uf merchants, shippers and the wollare of the elty, and thas lt shail bo o to encourage all honest and legitimate competition as against combination aud monopoly. Mr. A. B. Muller, of the same committee, followed with a statement which wa: 0 Inid on the table and from which the following points are taken:—Tho needs of a proper wharf accommodation in our city nave caused several of the most important steamer lines— notably the Cunard, Bremen, Hamburg und others—to locate‘on the New Jersey shore, and the only piers that are properly adapted for the accommodation of large steamers on our entire water front are those that have recently been erected by the city. Tho further disposal of dock property becomes a very serious con- sideration, and the best interests of the city would be subserved by the indiscrimina! Great et- forts are now being made by rival Atiantic cities to divert tho commerce that has hitherto been tributary to our city, and to such an extent have these efforts been successiul that all the commercial bodies of our city have under consideration such improve- ments in railway and canal transportation, terminal facilities, &c., as shall tend not only to prevent further loss, but likewiso restore our city to tts former ad- vaniage. ‘The value of taxable real estate of our city depends upon the success of our commerce and the consequent prosperity of our business men, and in that view the rental received from our wharves may becon: of secondary importance. A portion of the dock prop- orty might be sold to steamer lines plying regularly to this port, or for other uses of large commercial adv tages to our city, under suitable restrictions, prevent- ing the resale or sublesting by the purchaser without the consent of the corporation, and with a right to the repurchase vested in the city, at a price to be fixed by three or more disinterested appraisers whenever tho purchaser should not require the further uso of the same. No report was received from committee No. 5, the members desiring to wait before reporting until the other commitices wore heard from. The Conference then adjourned subject to the call of the Chair, THE PUBLIC WORKS, THE DOCKS OF WHAT The following is a comparative statement of expen- ditares of the Department of Public Works for the years 1875 and 1876:. On Accountof Appropriations Raised by Taxation. 1875. 1876, Maintenance of Croton water system. ........ ++ $225,092 $179,464 Maintenance of pavements, roads, ke, 250,798 231,561 Lamps and g 741,150 679,546 Care ot public i 58,487 39,955 Supplies for and clean! public office: 104,042 81,924 Salarios.... 149,948 108,919 Misceilancous accounts, 233,534 129,621 TOUS... ee eeeeee $1,451,023 REDUCTIONS IN 1876, Maintenance of Croton water system Maintevance of pavements, Lamps and gas, Cure of public Supplies and cleaning pubiic offices. Salaries, Miscellaneous accounts, Total saving in 1876 over 1875. 1875 On account of assessment fund, for street improvements, + $3,405,684 $2,018,680 Reduction in 1876......6.. 66.66 390, 004 On account of funded debt, for improvement of uqueduct, re- servoirs and laying Crotoa pipes 883,390 Increase Total expenditures, $4,357,005 Reduction in 1876... 1,562,656 The screase of $141,274 07 in the expenditures for improvement of Croton water system is fully explained by the fact that the quantity of pipes furnished and Mild in 1875 was 1,484 tong While there is a reduction of $312,927 , OF nearly 20 per cent., in the expenditure for maintenance of Croton water tystem, pavements, public Iamps, build Ings, offices, and other accounts ‘paid from tho annual appropriations, the work and services have been per- formed with equal if not groator efficiency, ns in the previous year, the reduction being entirely duc to greater vigilance and care inthe purchase of mate- rials and the performance of work, No orders for mna- torials or work are given without first obtaining esti- mates from responsible parties, and then they aro awarded to the lowest bidder. The reduction in the expenditure for stroct improve- ments ts $1, 00380, or nearly 40 per cent, while the decrease in umount of work done is Jess than 20 percent, The saving hero 1s due to the abolishment of the day’s work system, HE WANTED A MEAL, Charles Williams, a respectable appearing, but impe- cunioas young man, stopped in front of the Metropoli- tan Hotol restaurant yesterday afternoon and gazed long and earnestly at the delicacies being served, He sadly needed a meal, not having caten anything for nearly twenty-four hours; but bis pockets were devoid His crestiallon of cash, and no one would trust him, face soon brightened up, and called for edibles. Tho bili was light, amounting to only forty cents, Walking up to the cashier's desk, ho politely oxplained nis inability to settle the account, The cashier stormed and threatened, bat without effec At length he called Officer Quinlan, and the young mar was marched to the Tombs Police Court, Judge Kilbroth hetd him in $100 bail to answer, BROOKLYN'S DEADLOCK, Tho scones which hnvo characterized each meeting of the Brooklyn Common Couneil since the Ist of January were repeated yosterday afternoon in the cor- ridors of the City Halli ana in the chambers of the Board of Aldermen, The motley assemblage of ropub. lean and democratic place hunters and their friends was numerous and difficult to manage. A squad ot police officers was kept op duty to proserve order among the throng. Acting President Frenen occupied the chair, Alderman Griswold, from the Com- mittee on Salaries, reported the draft of an act authorizing the Common Council ,to tix and — regulate the salaries of tho various officers, clerks and saborainates of the city of Brook- lyn, The report was adopted, and the cominittoe was authorized to represent the Board of Aldermen in furtherance of the measare proposed velore the As- sembly Committee on Cities, A communication was received from “one thousand residents ot the Nine- teenth Schoo! District, calling attention to the danger- ously dilapidated condition of the public school house located on the corner of South second aud Tenth street, and requesting the erection of a new school, The subject was referred to a commit« tee. A resolution in favor of single-headed commua- sions was adopted. A resolution was passed by the Common Council directing the Comptroiler to issue certificates of indebtednoss to amount of $197,624 to pay the salaries of 215 policomen, Lt is proposed to Judges Hofmun, Quaite, Newkirk and Wiggins, A REMARKABLE TRIAL Unexpected Solution of Jersey City’s Great Libel Suit. EXTRAORDINARY SCENE IN —_—_—-—-- The Brother of the Defendant Makes a Confession, COURT, POWER OF FRATERNAL LOVE Tho trial of Mr. James M. Brann, Clerk of the Hud. son county (N. J.) courts, forthe alleged publication of a libellous circular on Mr, Michael Mullone, pro- prictor of tho Argus, was continued in Jersoy Uity yess terday, The court room was crowded, and unusual interest was manifested in the proceedings, The State was represented by District Attorney Gar- retson and Senator Leou Abbett, while the defence was conducted by ex-Chancellor Williamson and Gil- bert Collins, of tho Now Jersey, and T. C. E. Eeclesine and Henry A. Braun, of the New York Bar. Rev. Dr, Brann, brother of the defendant, sat inside tho railing pear the counsel. Sherif Lave erty and nearly -all the county and many city officials, as well as a large gathering of lawyers, were seated near the bench, which was occupied by Some idea of the issues involved in the case, which were ofa semi-political character, may be formed from the fact that one-fourth of the audience in court were wit- nesses on cither side, Several witnesses were called to testify to the defend. ant’s unfriendly jecling toward Mulione, the object of the prosecution being to show by circumstantial evi. dence that the circular must havo been the production of the defendavt and of no one else. Major Pangborn, editor of the Evening Journal, wi examined in relation to communications addre: to his paper, which the prosecution alleged were written or sent by Mr. Brann, but ho testified that he had no knowledge that any of them wero sent or written by bim. There was a flutter tn tho court room when Rev. Patrick Corrigan, pastor of St. Mary’s in Hoboken, was called to the stand, He identilied a letter shown to him as being in the handwriting of Rev. vr, Brang, The object of this line of examination was to conn that gentleman with the publication of libellous scurriious articles on local politician, OPENING YOR THE DEFENCE, The State rested, and the defence was opened by Mr. Collins in a fervid and earnost address to the jury. He suld that the Court and the members of the Bar would bear testimony to the fact that a more courteous, dig- nifled or warm hearted goutieman than the delend- ant did not exist in tho county. But he had one groat fault, Ho had opened his purse to a lot of ingrates, who came on tho stand and admitted the {; and who had then no feeling but that of treachery, He (counsel) was not only fulfilling a profossional obligation to his client, but every chord of sympathy in his heart was touched when he considered how groasly his client had been deceived and betrayed by men whose families he had irom starving. He would show the most dehb- erate perjury on the part of certain witnesses for the Stato and would adduco testimony which would com- plotely ostablish the innocence of his client. AN EXCITING SCENE, While counsel was speaking Rev. Dr, Brann was 60 affected that ho burst into tears, and at tho closo of the address he walked up to the beuch and whispered something to Judge Hoflman, After a few mo. ments’ converse he turned suddenly to nr Collins and asked that he be cuiled as the first witness for the defence. Judge Hoffman suggested that Dr. Brann retire to the Judges?’ cham- ber toconter with counsel, Alter the consultution Mr, Colling addressed the Court, and suid that in view of certain disclosures just made he coula not rosist the request of Rev. Dr, Brann to be placed on tho stand for tho defence. A flutter of excite- ment rap through the room, the crowd behind arose trom their seats, the lawyers and court officers stared ateach other in mate amazement, The Doctor was sworn, Mr. Collins inanu animated manner left hta usual seat, placed himself in tr of the witness, and asked the question, ‘Doctor, what do you know about this libel ¥”? A PRANK AVOWAL. Then expectation was at tts highest, and not a sound was audible in the court room when the witness ro- pled:—"I will now tell the whole story; I came over to this city on the 28th of October, 1875, and saw an article in the Argus abusing my brother and styling bim ‘an official roway and bluckguard;? 1 called on my mother and found her crazy from these repeated attacks im the Argus on him. [ tried toconsole her, but she would not be comforted, Fired with a spirit of retaliation I leit the house and had the libellous circalar print in New York and circulated atthe meeting in tho Catholia Institute. I now take all the responsibility, for | love my brother too dearly to allow him to suffer for my act,” THE COURT THUNDERSTRUCK. Had a thunderbolt crashed through tho roof of the building, greater consternation could not have pre vailed. ‘Judge Hoffman sat motionless in his chair, Judge Quaife siared at the ceiling, while the good-natured Judge Wiggins rested his head n bis hand, the very picture of sadness and regret. Counsel on both sides were bewiidered, The cution, which professed to have a clear, un- auswerable case, was completely dumbtounded, Strong men in the court room shed tears, and for a few minutes—painful minutes, that were hours to many—ail was excitement and contusion, “My brother James know no more about that cir- cular before its publication than Judge Hoffman here or Mr. Collins, so help me God!” again broke in tno witness, throwing up his hands. This intensified the already wild excitement, The foreman of the jury gavo a sigh of relict as he saw Judgo Hofl- won strike his gavel for order. Ur. Brann hurried from the witness stand and extended his hand to Mr. Mutlone, Shorifl Laverty, Mr. Abbett and other prominent gentiemen. The County Clerk who was on trial wept bitterly, It 18 no exaggeration to state that buch ascene bas not been witnessed in the Hudson courty courts within the memory of this generation, and those who were spectators heartily wish they may bever witness such another, LEGAL AUTHORITIES PERPLEXED, It js unnecessary to add that the Court was greatly embarrassed, A delicate feciing for the clerical posi- lion, powerful emotion and strong fraternal affection ot the witness superseded every desire to take further action without mature deliberation, After a consulta tion with counsel on both sides, Judge Hoffinan an- nounced that the caso would be adjourned wll to. morrow morning, when tho Court will decide as ta tag further course to be pursued, JERSEY CENTRAL RUMORS, WHAT THE BROKERS SAY AND WHAT THE COM- PANY'S OFFICERS ADMIT—A LAWYER'S OPIN- ION. On Wall streot yesterday rumor was very busy with the affairs of the Jersey Central Railroad Company. Karly in the day a report got abroad that the company’s account in the Mank of Commerce had been attached by a judgment creditor, Biended with such stato. ments aud depending upon their acceptance as trath there is invariably 4 measure of speculation, and it was not surprising, therefore, to find that the stock dropped nourly three per cent in the course of the day. It waa doubtless thought that a large amount of money was on deposit and that this proceeding would pross the company into a position likely wo prove disastrous, There was a good deal of reticence all round in the Morning, but in the alternoon it was udinitted both at the bank and the company’s office im Liberty street that sueb a step had been taken by a judgment cred. itor, Tho amount attached was comparatively small, not exceeding, perhaps, $2,000. Tho treasurer of the company states that this 1s bo serious matter and that bonds have been given to secure the judgment, There Was no other attaehment served yesterday. No sooner had this matter ‘been set at rest than Another report was on the wingand working its way steadily and swiltly through the street, This second was to the effect that an application was about to be made for the appointment of a receiver for the road, and in connection with this report the rumor committee, with characteristic fertility, improvised ®& masterly piece of defensive strategy, which they, of course, attributed to the compai Thero was a strange commotion, — ra said, about tho vicinity of the company’s offices. at No. 119 Liberty street, and some shrewd Wall street mau had discovered the cause thereof, What was the cause? Why, couldn't any one see in the twinkling of an eyo that the company wero secretly transferring thor books across the river to Now Jersey? To give this credence some spot had to be solected at which to place the offices of the company tor the future, and 80 tho rumor circulators named Elizabeth, ‘To a HkeaLp reporter who called late in the after. hoon on the treasurer of the company a flat contradios tion of the compuny’s removal of its books or office, or of any immediate intention to take such a step, was given, “Thero is no trath whatever in the ramor of our roe moval,” the treasurer said. “And bow about the reported application for the appoiutment of a receiver ?’’ the writer inquired, “Of that’? said the treasurer, “I know nothing whatever,” “Do you know any one who Is in a position to make 1 AD apphication ?”” Appoint the additional force on March 1. Two vira toce votes wero then taken tor permanent Prosident of the Bonra without a choice, Alderman Douovan votin, for hineelf coach time and thereby matotainin: The Board adjourned to moct next , sir,’ the treasurer said, ‘1 do not." A promihent lawyer, known to be fumbling with the business of the company, summed up the conden of affairs as follows; —-“Any application for the apputrts ment of # receiver will have ta be made im New Jcraay, and it must be made with the Company?s co-opors tone At present there 18 no outsider ina condition ww seek such reliof trom the courts, But while evel « p may bot be contemplated in the wear future, as bom convinced is ie Bes, corrnay 18 14 ae Na eomitior that a receiver will have to be appointed witimately u sottlo its aflaire,” ‘ . x { 1 {

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