The New York Herald Newspaper, February 27, 1877, Page 5

THE CONTINENTAL LITIGATION. Contest Between the Attorney General and the Brooklyn Courts. WHO IS TO BE RECEIVER? An Extroordinary Instrument Executed by Judge Gilbert. ‘The securities, amounting to $102,000, which were transforred by the Continental Life Insurauce Com- pany to the New Jersey Mutual, and from tbe latter to the hands of William Fullerton, counsel for the Continental’s former receiver, were yesterday given to Receiver Grace, as oraered by the Court, Pi From genoral appearances the already ‘too much counselled” Continental is to be so pursued by litiga- tion that nothing may beleftof the once flourishing institution save some “cats and dogs” and a fow legal questions. It is now five months since a dissolution ‘was granted, and even tho amount of the assets and habilitios is not definitely known, Mean- while, now that $500,000 has been paid for legal services and the average of interested attorneys is daily increasing, the responsibility of this gront wrong upon the policy holders is not improperly charged to the oflicers of the concern, who, not con- tent with murdering the corporation, sought to consti- tute themselves Coroner, undertaker and executors, The Jnsuranco Department was dofied, its efforts to gain control were’ interrupted and delayed by legal trickery, and Gnally, after replacing an alleged collu- sive receiver, an indorsement, ot all those preceedings is modestly requested for the sake of the hitherto for- gotten policy holders, VIGHTING THR ATTORNEY GENBRAL. As from the fi tho contest now is purely between th f-constituted executors and the people of the State, The Attorney General claims that a life tnsur- ance porporation cannot be dissolved at the suit of a Stockholder. On that plea the ontire proceedings in the Brooklyn courts would be vold. A reieree was ap- pointed in the suit of the Attorney General at Albany, but be has not yet made his report The Attornoy General bas personally taken charge of the case, and indications point to some pretty strong tugging av his ena of the rope, Opn the otbor side, Receiver Grace has bedged himself in with a sorps of industrious attorneys, some of whom had been retained by his predecessor, John J. Anderson, and a desperate attempt is being made to avert an overthrow ofthe ‘‘ins.’”? All sorts of artful steps have been saken, mostly in the way of orders from judges sitting \n Brooklyn, to weaken or destroy the strong position pf the Attorney General. Failing to stop the referenco Im fhe adverse suit by injuuction, they adopted an ex- traordinary plau by which to make the Attorney Gen- erala party to their action, On tho 17th inet, when a new Superintendent of Insurance had been appointed and it appeared that, the Attorney General would per- sonally take chargo of the case, a potition was drawn up and tho order issued by Judge Gilbert on the 19th, making the Superintendent of Insurance and the peo- ple of the State party defendants in the suit of Hoyt versus the Continental, On the dav tollowing Judge Gilbert issued the toliowing, of which only a small out- line has heretolore beon given :— A REMARKABLE ORDER. Wherons by an order duly made and entered on the 1:th day of February. 1877, William Smyth, Superintendent ut the Insurance Dopartinent, and the People of the State of Now York were duly joined as parties defendant in this action, and were then aud there required to show cause at this time and place, as will more fully appear by. reference to the petiiion and papers now on tile upon whieh said or- dor war made, aud-on reading sald papers wnd on filing proof of service of the said’ pa anid ordet and notice thereof upon — thi Superinten- dent, and -upon the Attorney ( ‘wud on filing a printed ec the Matter of opy of the cnse entitled the Avolicution of the Attorney General. against the Gon: tinental Lie Insurance Company, and on motion of Mr, ’, Tracy and Mr. John Fraukenheim, respectively. petitioners, the Court having received and application: from the Attor- ngon behalf ot the people or 3 of the orixinal court and be jomed herein), It in ordered and udjudged wnd the Court doth hereby de- clare thut the said the Continental Lite Insurance Com- any is wholly dissolved und its ranchises are extinguished, But this order shall not abate or cause to be abated any wroceeding on the part of the people of this state under the joneral Insurance law to procure « distribution of the wets, securities and property which we f said co ‘and in which It had or el to have an interes which were de ed with now are in th defenaant, the Superintendent of the Insu ment of this State, or which are otherwise control ot said Superintendent or it being the intent und meaning permit the prosecution ot such fas ancilln:y to this proceeding, and not otherwise, und the defendants, the sania Superit ndentand the people of this State, and the Attorney General, ure hereby directed and instructed to proxecute said proceeding under the girection of this court, as ancillary to this proceeding, and not otherwise, for the sole purpose of providing tor the distribution or of wk court in this action ith respect to ti roc to the end that such rights may be prosorved, lhe 1s hereb; dire nforce with all practicable speed the collection ‘ot all interest and of all principal sums due upon them, or any of them. And it is further ordered that the suid Super- intendent nnd Attorney General show cause at # special Term ot this Court, to de hold at the Court ouse in Brook- lyn, Ne on Friday, February ‘77, wt ten o'clock Ae yey wily such further instructions or modification of the present instructions should not be given in the premises as the exigencies of the cane may require, and then and there tw report ‘the condition and situation of any proceedings pending as aforesuid. HOW IT 18 REGARDED, ‘The order has created no littie wonder as well as amusement, among those of the logal iraternity who have seen it. Several of them expresse! their views regarding it to the HxkaLv representative, who found thetn unanimous in their opinions respecting the in- strument. The points considered most remarkable are brietly as tollows: ‘ It makes the peopic of the State of New York de- fendanis, whon tuere is no law authorizing them to be sued unless by their own volition. It makes the Superintendent of Insurance a party when he bas nothing to do with the moneys of the sompany in the hands of the reeciver here, nor have they anything to do with tho moneys deposited at Albany under his charge. ‘This last point was deter- mined in the case of Ruggles vs. Chapman, where it ‘Was decided that the Superintendent had no power to pay over the moneys in his charge on the application O1 the piaintiff as receiver, It dissolves the Continental again (after declaring it to have been already disso.ved) on a petition in which the Continental is not a party and has no notice of the Proceedings. It restrains the Attorney General (not a party) from performing a specific duty requireu of bim by the Statute 01.1853, and lately adjudged and ordered in this very cuse by the Court of Appeals Ti requires the Attorney Geveral to submit an action pending in the Third department of the Supreme Court to the direction of the Secoud department of the same court, It requires an action (brought to set aside this action as collusive and fraudulent) to be submitted to the alleged traudulent and collusive action, OTHER ALLEGED IRREGULARITIES, The first order, granted on Monday, the 19th inst., required the Attorney General, on the following day (when the second was issued) to show cause why tho first should not stand. Notice was served on the At- torney Gonoral at balf-past five P, M., Monday, and by the terms of the order he was oxpocted to appear in Brooklyn at ten o’clock on the next day. Accord: ing to the statute ho should bave nad eight days’ notice and furthermore if he cuuld have becn mae party to. the action he was entitled to summons aud twenty days? time to file his answer. When to ail these defects is added the fact that judgment had been entered beforehand in tho suit of Hayt 78, the Conti+ ental, the lawyers cium that the whole thing has nothing wanting to make it a monstrous joke, ‘Tho Attorney General ignored tho orders, as he did ail other proceedings trom tho same source, and though he went to Brooklyn ou Friday and Saturday last to Appear in his private capacity, no court was to be found. It is understood that when the De Witt reter- ence shall have met once more, he will move in Albany to have another receiver appointed and the two ap. imtoes from the Second and Third departments of the jupreme Court will have to fight it out in the Court of Appeals, SUGAR SEIZURES, A CARD FROM MESsns, LEAYCRAFT & CO. To tax Eviror or THe Herasp:— In your issue of, tho 25th inst, we noticod an article about the seizure of Demerara sugar, A¥ the name of our firm appears in this article, giving tho impression that we have beon engaged for Some timo past in de- frauding the customs of tho United States, we request you will, in justice to us, publish the following:—In the first place no cargo of Sugar consigned to us has to our Knowledge been seized vy the Collector, a per mit for delivery having in every instance been Seanved On OGF paying the duty assessed by the fn oda appraise In the second piace wo woul the dutien b: ieeperged sia ey (IMS change tia ented in importing rare Paget? largely inter. ra sugar color, which was sold directly to the wholag eat straw holosale grove: trade for consumption, not needing 1 grocery Tho change, howover, in the tri made ‘the (elttng tion of such sugar. impossible, and conusequ mily ear Demerara corresponionts had to couse shipping grocery sugar, and im order to C4 Feturn caruovs for vessels that were bar {pusnige J Dem q YORK AERA from here with ions id Dreadstulfs they were obi! to ship goelbg: of only adapted fur re! The difference in the manufac- ture of the two styles of sugar is as tollows:—For straw colored sugar, the juice he cane, after being extracted, was very carelully and was then subjected to a chemical process which the effect of whitening the crystals, formed what ig known as the vacuum pan, alter leaving ich 18 was subjectod tu the “ventrifugal process,” er until the desired process—viz., that which is designated asa “‘iraud’’—and which, owing to the protective tari of th States, had to be adopted, the juice of the , although filtered to a certain extent, is not relieved of all its impurities, the chemical process to produce a white crystal is enurely omitted, and no water 16 used to further whiten the sugar in the centrifugal as formerly. That the marked difference between the ‘gugat as\ previously imported and ow comes to this market should a Botice of that the nai of merchants, irrespective ot their standing or character, should be dragged before public as defrauders of the revenue, without an oppo! tunity being sfforded them of making any explanatio: that might be deemed necessary, is an injustico that must be apparent to every ove. Yours, respetfuliy, YCRAFT & CO, WALL STREET MOVEMENTS. Demerara THE OPEN BOARD OF BROKERS AT WORK— THE GOLD EXCHANGE SQUABBLES~-CHEAP CABLING, The new application for a receivership of the Dela- ware and Hudson was much talked of on ‘Change yes- terday. President Dickson sent the Stock Exchango the polite information that the detailed statement the complaint called for would be furnished at the proper time, Immediately altor the stock tell off one per cent. THR OPEN ‘BOARD OF BROKERS. The New York Open Board of Brokers took posses+ sion of their temporary quarters, at No. 21 New strect, at balf-past nine o'clock yesterday morning, ‘The room, reaching from New street to Broadway, where it has a basement entrance, was in a very bare condition, but yet the actual necessities for the trans- action of business were on hand. The printed signs hung along the walls indicated the portions devoted tothe business of the principal stocks. The devk of the Chairman and Secretary stood about the centre of the room and facing the Western Union stand, Among the visitors who dared to risk the dis- pleasure of the Governing Committee of the Stock Exchange was the well known broker Charley Osborne, and ho sat down and looked on while the first sales wore made, Business cofhmenced yesterday at forty- five minutes past nine aftor an opening address from President Nevers and the usual introduction of the Chairman (Mr. Brokaw), The tirst rush was made to the Western Union corner, and after a sale ot 600 at 623% business slackened there, notwithstanding the frantic efforts of an energetic operator to sell any part of 1,000 at 627,;. Some 300 or 400 shares of Central were sold at 93), and that about constituted the morning’s work, as immediately the Stock Exchange went to work the Upen Board be- came comparatively deserted, Their hours of business will be in futuro trom bali-past’ nine A, M..to tour P, M., but yesterday they were hardly prepared to go to work in earnest. THK GOLD EXCHANGE, Avery largely uitended meeting of the members ot the Gold Exchange was beld yesterday afternoon in the Gold Room. The Cha:rman, Mr. Morris, afier calle ing the meeting to order, stated that he believed the object of calling the meeting together was to in- struct the Executive Committe to procure new rooms in which they might curry on business alter the 1st of May. Mr. J. 1, Underhill then offered a resolution that the Executive Commit tee be instructed to lease without further delay 8 suit of rooms for the use of the Gold Exchange, A motion was thea made and seconded to take up the re- solution, oflered by Mr. Underhill, and on the call of “Question”? the yeas aud nays were so mingled with catcalls, whistles, yells and other noises that the Cuairman had to call for a show of bands, and on the count the yeas had 170 and the nays 60, so the resolu- tion was, therefore, tabled. A motion’ was then inade that a committee of five be appointed to conier with the Executive Committee of the Stovk Exchange, but belore it was put another motion was made, that the utive Committee of the Stock Exchange be re- quested to comply with the usual courtesies and answer the communication irom the Gold Exchange, The Chair ruled both motions out of order. Mr. Jobo T. Denny, a member of the Governing Committee. of the Stock Exchange, then rose and stated that the only reasun they haa not heard from them was because the Secretary had not had the time tosend the communication, He said he had no au- thority to appear for the Governing Commitice of the Stock Exchange, but he would say they had leased th business in government securities and iwining sto In consequence of the cordial feeling that had always existed between the members of the two boards, they had felt at a loss how to act, and finally cailed on twelve members of the Gold Exchange, not members of the stock Exchange or officers of the Gold E change, to consult with them, They all disagreed, having different views, and the committee finally re- ported as prinied in the morning papers. Mr. Underhiil said he aenied the right of any one to yote away the property of another party. Mr. Denny replied that he had not come toargue, but merely to state jacts, The Governing Commitee of the stock Exchange also claimed the right to name the stocks in which their members sbould deal, (A voice—"It 1s not so!’’) I can only say it is always so, unless in an mstance where the proposed change, al- teration or addition has veen posted a week, aud then it requires a two-third vote to make it valtd. Mr. Underhill then made some pretty strong remarks, insinuating that the whole matter had arisen out of a petty spite on the part of the members of the Stock Exchan fe at the members of the Gold Exchange that had jeined the new board, (The speaker was called to order, but on motion was ailowed to continue.) He then got up on a desk and gave the Stuck Exchange a dose of red hot shot, that finally created such an up- roar among the speculators that he had to. desist. Mr. George Bend, member of the Stock Exchange, then moved that a meeting of the Exceutive be held on Thursda: March = 8, 1o consider a resolution to dissolve the Gold Exchange on April 30, 1877, to pay all outstanding indebtedness and divide the balance pro rata among the members. ‘The motion was ruled out of order as revolutionary and unconstitutional, but the Chairman added that an amendment would be ro- quired to cover the ground, The meeting then ad- journed, The necessary amendments will be posted in the Gold Exchange to-day and brought up at the next meeting, CHEAP CABLING. The manager of the Direct Cabie received instruc: tions yesterday from London to make tho same reduc. tion in ibe rates as had been madegby the othor lines— viz., twenty-five cents per word and addrosscs free, The new rates will go into practice at twelve M, in March, BANKRUPTCY ABUSES. REGISTER FITCH ON THE DEVICES BY WHICH CREDITORS ARE CHEATED. Rogister Fitch has submitted an opinion in the caso of Nicholas & Coon, bankrupt feather and flower dealers, in Which the questionable practices of bank- rupts are dwelt upon, and the Court asked to take action to prevent them, These bankrupis made an assignmnent under the State law to Henry S, Foote, a lawyer, who retained another lawyer, U, W. Town, ow counsel, paid him a fee of $260, charged $200 for his own services, and turned over $2,149 61 realized (rom the assets to E. F, Knowlton, assignee in bankruptey. The Kegister says that the assignment was mado to Prevent the collection of a debt sued on by Tuttle & Co, The said pretended assignment was useless, unne- cessary, illegal and void, all of which it must have been known to Foote and Town, would cause expense to tho creditors, and would not in any manner aid the bank- rupts in obtaining their discharge in final proceedings in myoluntary bankruptcy. It bas been the prevailing tom in this city, he ways, for even reputable law. dvise.thoir clients ' who may be in failing cir- bun suspended insolvent laws, and bave some clerk of the insolvent, of the lawyer, or some other serviceable person, named us assignee, who generally disposes of the property for a trifling sum to the Iriends of the parties, The iawyer churges an enormous fee, and as a genoral rule between the insolvent, the lawyer and the assignee the estate is ut up, and the creditors get Iittle or nothing, These fraudulent State assignments should receive the stern rebuke of the courts, and the assignee should not be allowed to use up the estate between the law. yer, the insolvent and himself in direct violation of the Bankrupt act. In this case the proofs show that Mr. Town acted as attorney for the bankrupts beiore tho assignment, propared the assignment, torney tor the assignee, who 18 also a lawyer, became attorney for the petitioning credito! KOH were cited where large sums have been allowed to counsel for assigneés under the State assignment, This practice has become a great and crying evil, injurious to commercial interests and damaging to trade, and it ig time that the national courts should disallow the Numerous expenses snade andor the assignments, as it 18 contrary to public policy and public justice to allow lawyers to xive tilegal advice, charge enormous fees and collect (hem of innocent creditors. In closing Register Fitch reports against allowing the claim of Mr. Lown for the $250, THE VANDERBILT WILL. ‘Tho will of the late Commodore Vanderbilt will bo offered for probate at ten o’clock this morning in the Surrogate’s office, The citation will then be returna- bio, when the parties, If any, thereto proposing to con text the will wil! be required to fle their wbjoctions. The citation is addressed to the cight surviving dadgh- vers and one son, Cornelius J. Vandervilt, The pros- pect now is that ocjections will be filed and a contest ered upon, , In the latier event the practice is that inces to make aD assignment under the now | nm adjournment will be liad and a day thereafter fixed | for the hearing of iestimony im the case. Should there be no objoc tions the will Yoos Lo probate without contention, i CHEAP TELEGRAPHY. IMPORTANT ACTION OF THE ATLANTIC AND PACIFIC RAILKOAD COMPANY—RBATES LARGELY CUT DOWN-—FPRESIDENT ORTON ON THE WESTERN UNIONS POSITION AND PROBABLE ACTION, The action of the managing board of the Atlantic and Paeific Telegraph Company yesterday determines dell nitely the construction of 10,000 miles of new lin and an immediate reduction of rates upon the lin now Operated by the company. The reduction decided upon is a considerable one, tending toward a desirable uniformity in the rates of telegraphic charges, and is Opparenily well systematized. 1 is not as sweeping as was at first contemplated, but it is along step in the direction desired by the public, In view of the prob- able effect of this step upon the action of the Western Union Telegraph Company, President Urton was called upon, in order to ascertain the position which the Western Union intended to take in the contest which now see:ns imminent, A full statement of the attitude ef the company at the present juncture was given by Mr. Orton, and follows the report of the directors’ meeting, which is published below, MEETING OP TRUSTEES. A full board meeting of the directors of the Atlantic and Pacific Telegraph Company was held at their Broadway office yesterday morning, and the commit- tee appointed to consider the question of the reduction ot r ind to prepare a schedule submitted their re- port, The report ot the committee was adopted and the schedule incorporated in the following order, to go into effect on and after March 1, 1877:— THR RXDUCKD KaTR. The uniform rate of twenty-five cents, heretofore in use between all stations of tho Atlantic and Pacitic Telegraph Company throughout New England, will be extended to cover all stati ofthe company in the States of New York, Pennsylvania, New Jersey, Dola- ware and Maryland, and tnterchangeabiy between all such stations and all stations of that company in New England, except euch as are more thon 300 miles dis- tant from cach othor, whero the rate will be thirty-five cents, THOMAS T, ECKERT, President, A final approval was given to the order providing for the construction of 10,000 miles of new lines, and {m- mediate arrangemonts were ordered to be made for the supply of material and the carrying on of the work. On the completion of the important business betore the meeting it was adjourned subject to the call of the President, ATTITUDE OF THK WESTERN UNION, President Orton, in auswer to the inquiry made bya H&uALD representative as to the ground which tno Western Union intended to take, gave what may bo considered as adefinite and authoritative statement, Its importance and interest at the present juncture may be readily perceived :— “To carry on the telographic business,” he said, “requires something more than a boastiul prospectus, Mere proclamations on paper attacking a rival organi- zation have no more offect than the Pope’s bull against tho comet, An organized telegrapnic system i necessary, which uo amount of moncy on band can’ purehase, This system we have. The gentleinen who propose to parallel or, 1n a sense, to duplicate tho lines of the Western Union Telegraph Company scem to ignoro the essential cle- ment of time. The Western Union company is twenty-five years old, and it has been growing every year since its foundation, 1 have been connected with the company for cleven years, during whieh its property has doubled and the volume of its business bas increased more than threefold. ITB PRESENT RESOURC Its carrying capacity has been more than quad- rupled and its rate of charges has been reduced ity- two per cent. The Western Union Company has made more and greater reductions of rates on the average, without any competition, than all that have been made 1n consequence of competition, When f came into the business the rate between New York and San Frane cisco was $7 50, and between New York and points in Uregon British Columbia 1t was from $9 to $10, The prosent maximum rate on the Western Union lines is $2 50, and the successive reductions to bring the rate to this figure bave been made voluntarily by the West- ern Union Company, no one of them having been pro- moteu by the acts of competitors, Now, how much tho’ Western Union Company can be damuged by what- ever increase of ficilities it ts possible tor any other company o provide during the current year can ouly be ascertained by experience. It will not be untatr, bowever, to judge the future by the past The gross receipts of the Western Union Company. for the calen- dar year, 1876, were more than $10,000,000, Tho profits re nearly $3,500,000, and these items are Jarger than in any year since the corporation came into existence, THE COMPANY'S GROWTH. ‘The fact must not be overiooked that the Western Union company is a growing concern also, to a greater extent than its rival. We purchased from the manu- facturers last year more than 6,000 miies of wire,-all of which has been erected, and we acquired control by purchase and lense of about 4,000 miles more. In short, the growth of the Western Union is constantly greater than that of its rivals, so that the relative difference between its facilities and theirs has been greater every year since the beginning. How soon ts it likely to be beaten in this race if it maintuins, as is our determina- tion, this rate of growth + ' +A-PRUITPUL ILLUSTRATION, “L have sometimes used this iliustrauion in speaking of the threats of our rivals to duplicate. our property. A person or firm lias been in the nursery business for twenty-five years, and has on band every variety of tree, shrub and flower of all ages, between one year and twenty-five. Such a oue would not be likely to bo very much alarmed at threats that his business was to be destroyed by anew man who had got unlimited prairie land and means to provide himscit with seed. There would always be twenty-five years betweon the two concer! Ihave always believed that the telo- graphic business of this country could be profitably curried op at lower rates, A COMPREHENSIVE REDUCTION RECOMMENDED, “1018 two years since, in one of my reports to our directors, L’exprossed the opinion that it would be practicable to have not more thun four rates—twenty- live cents, Ofty cents, seventy-five cents and $1— throughout the United States. As the volume of bu ness increased, in order to do it as promptly as it w: transacted before assuming such proportions, it was necessary to increase the carrying capacity of tho lines. It is the policy of the Western Union to maka this increase gradually, by making an appropriation each year of a portion of the pronts accruing. It is the proceeds o1 these increased tacilities that enabics us to get a new dollar in piace of the dollar drawn trom us, either by competition or redaction of rates, or by both. For example, our company is now doing bu: ness at about 600 moro stations than we had a ye ago. Now, suppose that the receipts of these new stations average $104 week each, that will vring in $6,000 a week im the aggregate, or $412,000 a year.’” NEW LINES TO BE BUILT. Mr. Orton said that no estimate could be made with- out very full data of the time required to build ihe 10,000 miles of competitive lines projected by the AL lnnuc and Pacific Company. There are only a few manufacturers in the country in the first place who could contract to supply any large quantity, There are no large stocks on hand, and there 18 Ho company which could possibly manufacture 10,000 miles ot wire inone season, A large addition might, no doubt, bo made to the working facilities of the company, but he was prepared to say that the Western Union would build twice as many miles of wire during the coming eur as the Atlantic and Pacific, He thought that the long start of the former in point of time aud available facilities, among which one of the most important was the direct communication afforded bewween distant points, would give the Western Union a decisive ad- Vaniage in the competitive war which was likely to ensue. RMDUCTION OF RATES. He could not say definitely whether the Western Union wou!d meet the reduction ot day by the Atlantic and Pacific by a corresponding al- teration in its schedule, It would be necessary first to exumine closely the lines on which disadvantageous competition was to be feared, and to determine whether the reduction would seriously affect the bysincss and profits of the company. The change of rates might be comparatively inoperative so far asthe company’s in- terest was concerned, It was true that a forced re- duction bad been made twice before, but whetber the me step Would be necessitated now he could not ut present say. No categorical answer to such a question could be given, but assurance could be made that the company will defend its own interest and is prepared to curry on an expensive war, if necessary, in mainte- nance of its rightful position. BEARING FORGED LETTERS, On the 234 of September Elijah K. Bangs, of No. 656 Broadway, recojved a letter signed M, Addey, saying that the subscriber had just come to Now York and that ho was suffering very much trom weakness of the eyes, The letter also asked if any books had been sold on his account, and if conveniont to remit the amount by bearer, ‘Mr. Bangs considered the letter genuine, and gave the bearer, Thoinas H. Jarvis, $18 27, which’ he supposed would be immediately r: turned to Mr. Adaey, He subsequently discover: that the letter was a forgery and tuat Jarvis had w propriated the money to bis own use, The latter was arrested by Of esally, of the Washington place Court squad, yesterday, and was held by Judge Flam- mer in $1,000 bail to answer, STEALING MAIL BAGS, Detective Clos arrested an Italian rag picker, giving the name of Francisco Richi, in Jersey City yestorday. In his possession was found a striped canvas bag, which an investigation showed was stolen from the New York Post OMico. Several bays have beon stolen | from the Post Oilice intely, Richt was taken before United states Commissioner Muirhead who commited him in default of bail for examination, ELEVATED RAILWAY ACCIDE: While at work on the New York Elovated Railway | track, corner of Ninth avenue and Gansevoort street, yesterday, Charles Alien, of No, 208 Nowark avenue, dJorsey City, was crushed between a passing train and the ties, His injuries consist of a broken thigh and the laceration of his hip: he injured man was re. moved to the New York Hospital, in Chambers streey es made yester- | | the Iliinow “now \ A CURIOUS RAILROAD SUIT. THE HISIORY OF AN IMPORTANT CLAIM AGAINST THE MILWAUKEE AND 8ST. PAUL RAILBOAD COMPANY. A very impurtant suit Is at present awaiting the de- cision of Judge Johnson, as the papers are now under consideration, The suit may weil be called important, asthe promoters seek to. take possession of the La Crosse and Milwaukee Railroad, some 200 miles long, which they ciaim is fraudutently held by the Milwau- kee and St. Paul Railroad Company. Ln case ihe plaintiffs are successiul they will also sue for all the earnings of the road during the past eighteen years, The attorney of that company recently took exception to @ statement in the money article of the Heratp and forwarded the following communication, which sets forth the views of the company :— THE DEFENDANTS’ SIDR. CiicaGo, MILWAUKEE AND St, PauL RaiLwar Company, No. 68 Witt Steer, Naw Yous, Feb. 10, & To the Eprrox ov THE HEKALD;— The attention of the ollicers of the Chicago, Milwau- | keoand St Paul Katlway Company has becn called to | ® paragrapu ip fr money article of the 9th inst., which seems to be founded upon-partial and erroneous Intormation, and they’ will be pleased if you wilt avail Yourseit of the information Which they request me to gtve you for the purpose of muking the necussary cor. Fecti The suit referred to was begun in the Supreme Court of New York in 1863, when Judge farnard granted, ex parte, an order appointing James M. Sweeney, receiver Ol the Milwaukee aud St Paul property, The receiver. sip was soon vacated, aud the Judge who granted it was for this, among vther things, impeached anc moved from oftice, By the action of the > ‘aul Company the suit was transierred to the United States reuit Court, and there it slept until is74, when it revived by Mr. Barnes and Mr. Bright. ey made a motion in 1875, veiore Judge Blatchiord, for un | injunction, which Juage Blatehtord never granted, and they have recentiy made a motion betore Judge Join. 80 for an injunction, which has not been granted. The tacts ot are simply these:—The Mil kee and St. Paul Railway Company acquired the road from Milwaukee to LaCrosse, abouttwo hundred mies, undor the foreciosure of mortgages or encumbra created by the old La Crosse und Milwaukee Rail: Jompany prior tothe gear 1858, Betore these tore- closures were had, and in 1858, tho La Crosse Company amortgage to William Barnes purporting to be | for $2,000,000. Before the bringing of the foreclosure suits under which the St Paul Railway Company bought thi Mr. Barnes made a sale under nis \ corporation called the Milwaukee and iiroad Cowpany, to which most of the d uoder the Burnes morgage wore (rans. ferred, and that company was for some Lime in posses. sion of the Eastern Division of the La Cro-se Rinlroad, | but was finally compelled to give up under the decr. es in foreciosure under which the St, Paul Rail way Company vecame the purchaser, Subse- quently, im “April, 1868, in a suit brought by judgment ereditors of the old La Crosse and Milwaukee | Company, who recovered judgments after the making of the Barnes mortgage, the Circuit Court of the United States ior the district of Wisconsin decided that the Barnes morteage, alihougi issued for 12,000,000, was in [act good for only $150,000 or 200,000, and that as against judgmeut creditors Mr. Barnes’ ‘sale ot the property to the Milwankeo und Minnesbta Company Was not good, and thereupon Mr. Barnes, in the suit now pending and rejerred to in your monoy article, claims that notwithstanding bis sale to the Milwaukee and M om Railroad Com- pany, and notwithstanding the Milwaukee and Minn Sota Karon Company nid been a party to the fore. closure suits under which the Milwauk ast. Paul Railway Company became the purchaser, yet be owns the mortgage of 1908 and bas a right to redeem the 200 «miles upon paying off the prior encumbrances — winch are held by the Milwaukee and St. Paul Railway Com. pany, But the St. Paul Company contidently asserts | that Mr. Barnes’ mortgage 1s good tor notbing at ail, the parties holding it at tho ime having been em: braced as defendants in the foreclosure suits under witch the Milwaukee and St. Paul bought, and a de- cree of the Circuit Court of the United states tor Wis- consin has established that even originally it waa fraudulent to the extent of about $1,500,000; in any event he will bave to pay the Milwaukee and St. Paul Company the cost to tof the property of the foreclos- ure sales, which the affidavits and papers produced on the motion state to have been about $8,000,000 over and above all the receipts of the Milwaukee and St. Paul Company trom the property since its purchase, It is not cousidered by the officers of the company that a salo of the 200 miles at $8,000,000 would be a Very serious injury, but they have ‘nu expectation of making any such sale, and ft ix somewhat significant to them that Whenever the suit referrad to 1s started in court, it is alWays used as a pretext for an attack on the stock of the company tor siock jobbing purposes. There 1s nothing in the motion now pending which in- voives any right of the vid LuCrorse and Milwavkeo Railroad Company or its stockbolaers; and, alter re- poated and caretul examinationsot the whole matter, L have always, in concurrence with the counsel of tho St. Paul Company in Wisconsin (who bave bad charge of its affairs trom 1859 down), advised tho company that its interests are m no way endangered by tlio pendency of tho suit reterred to, By muking these corrections you will greatly oblige the officers ol the company as weil as yours vory re- spect{uily, F. N. BANGS, Of counsel for tho Milwaukeo and St, Paul Company. In order to obtain the other view of the question a Henacp reporter was sent out with the above state. ment to obtain what information he could on the subject. He showed the document to a prominent Wall street operator, and the latter gentleman sa‘ “If you want to get at the bottom facts in that cuse you had better see ex-Senator Matt Carpenter, as he has spent considerable time workirg it up, and feels perfectly confident that the Milwaukee and St, Paul Company will be forced to relinquish their claim to the La Crosso and Milwaukee Railroad, or avout 200 miles of the most valuable portion of their property,’” The Heratp reporter was finally directed to a well known lawyer, and the latter geutieman, after glancing over the above statement of the attorney for the company, put the question in another light, as fol- lows:— THE PLAINTIV’S ARGUMANT, This document by the attorney of the Milwankee and St, Paul, purporting to be a loiter to tha Hekan, labors with Conspicuous ingenuity to befog people with irrelevant legal technicalities The case 1s really avery sitnple ono, The St. Paul company has no title whatever to the road formerly owned by the La Crosse and Milwaukee, as is admitted, unless the fore. closure of the Barnes? mortgage of 1858 extinguished ail title of the La Crosse and Milwaukee to its property, The Milwaukee and >t Paal, ia all its pleadings, asserts that this foreclosure shuts out the old La Crosse and Milwaukee Compaoy altogether. And yet the Suprem Court of the United States, having to pass upon tui validity of that very sale, hus declared (Minnesota y vs. Juines, 6 Wall’, 752) that, ‘ft needs no to show that sucli a sais cannot be upheld nctioning the grossest traud and Injusuce without to the La Crosse and Milwaukee Company, tho morte gagor and its creditors, ‘This deceptive ‘notice was calculated to destroy all competition among butders, and intended to exclude from the purchase every one except those engaged in the perpetration of the fraud.” But by virtue of this foreclosure and subsequent Proceedings founded upon the theory that this foro closure Was valid, the Milwaukee and St Paul now olug Whatever title it has to the most v: bie part of its line. So much for the cunning legal dodges by which the attorney of the company seeks to resist the suits threatening ts title. For, it being established that the La Crosse and Milwaukee was not divested of ils property by this foreclosure, held by the Supreme Court to be a fraud, certain facts which the attorney's circular takes pains not to notice destroy his case completely :— First—Tho La Crosse & Milwaukeo Company was never served with notice in the subsequent proceedings by which the Milwaukee and St, Paul got possession of its property, Second—The proceedings by which that possession ‘was obtained were based upou judgments which bad once been paid by the agents of the company, and which, by fraud and collusion with oilicere of the com. pany, Were nevertheless ouforced against its property four y fterward, f The ey suggests that “it would not bo a very serious injury to the Milwaukee and St, Paul to be deprived of the property in dispute. But the 200 miles of road covered by these suits are. the inost valuable part of its entire line, aud if it never legaily owned that road it will be compelled to account to the real owners for oarnings during eigitecn years, amounting to many millions. Itisas it aman were sued for his belly and by way of defence answered that he did pot much care whether it should be cut out or not The circular represents that Judge Blatchford and Judge Johnson have both retused to zrant the motion of those who assail the title of the Milwaukee and Sy Paul, Lhis is a dodge worthy of a Tombs snyster, Judge Blatchiord, unable to var the cuse fully, di- rected 1 tranaterred to Judge Jobnson, and now Judge Johnson, alter the cuse has been argued beiore ht has the papers under advisement and has yet made decision. If the attorney were halt as confident of the result as be claims to be bis employers would not have been quietly unioading all their spare stock ever since they hag ature of the ovi« dence against their RAILROADS. PROPOSED CONSOLIDATION BY THE BONDHOLD- ERS OF A NUMBER OF SOUTHERN LINES. A meoting of gontiemen resident in New York and vicinity, with several trom Philadelphia, who own or hold consolidated mortgage bonds of the New Ur- leans, Jackson and Great Norvhern Railroad Company, and of the Mississippi Central Railroad Company, met yesterday for the purpose of considering what course of action was most expediont in view of the present condition of the roads, Over $6,000,000 worth of bonds wero represented, and letters were received from other capitalists who own bonds and are in sym- pathy With the object of (ie meeting. The mocting was held im the directors’ room ot Central Raiiroad Company, No. 31 Nas. san strect, Mr. Charles Butler premdcd and Mr. T. Duun was elected secretary, Mr, Wilson G, @ated that the Lilinois Central Ratiroad Company, who hold second mortgage bonds to a large amount, tavored the consolidation of the roads and their branches into one good corporation which could be operated by tho creditors. This plan seemed the only one by which tho stockholders could secure themselves irom @ heavy | the hearse awaiting itin frout of tho Cit; j containing friends 0 | Hunt | LD, TUESDAY, FEBRUARY 27, 1877~TRIPLE SHEET. toss on their previous investments, There was a de- ‘mand for such a road, and there could be no doubt of its success under judicious and experienced man- agement, Looking to this end the directors of the Illinois Central had taken the preliminary steps in the Southern courts, and bad met with signal success, Receivers bi eR appointed, who taken steps for the past tew months, at least, to see tha money of the stockholders was uot wasted; and a foreciosure sa! w Urieaus, Jackson and Groat Northern Railroad was advertised Ww take place in Jackson op the 17th of March. The date of the sale of the Mississippi: Central was not yet definitely fixed, but it would certainly be sold ip the early part ot April The Illinois Centrat Railroad Company were very desirous that measures should be taken which would enabie all the consolidated bond+ holders, it they chose, to participate in the fore- closure and the purchase of these railroads. The legal expenses incurred so far had been very light, and it was estimated that even :f a consolidation was oflected the full cost would not average more than $20 tor each $500 bond. Some discussions followed th nt, one or two | of the bondholders thitking thata larger portion of | their number should be present before any decisive action was taken, There were some difficulties ic the way of forming a joint corporation out of she various roads, not the least being (he cousent of the legisia: tures of each state through which the various lines ana their branches passed. It was explained tnat this dificulty had been foreseen and steps taken 1o guard Against it, The work had been so successiully arcom- pilsbed that there was now no doubt of the sauction of the various legislatures, On motion of Mr, Hunt # committee of four was ap- Pointed to prop plan for carrying into effeet tn Proposed con: Hon, with instructions to report svon as post The Chair appointed as such com- mittee Judge Emott and Messea Willham H. Osburn, William H. Macey and T, B. Alexander, The meeting | then adjourned. AGUILERA'S BURIAL. SCENB AT THE CITY HALL—THE REQUIEM MASS~-COLORED MEN CABY HIS REMAINS TO THE GRAVE, Yesterday morning at daylight the stars and stripes and tho banner of the Republic of Cuba again floated at Dali-mast over the dome of the City Hall, in bonor of the obsequies of General Francisco V, Aguilera, Vice President of the Republic of Cuva, Tuis is the first time on record thatthe body of a foreigner bas ever been allowed to lie In state in New York City Hall, and the compliment to the struggling Republic of Cubais no small ono, During the mght and the early hours of the morning thousands of visitor: all-classos looked with feelings of sorrow and admirae tion at the noble face of the dead patriot. The yards of honor kept watch over tho re- mains. At haifpast nine the _ pallbearers gathered in the Goveruor’s room, around the corpse. Simultaneously there also arrived a doregation of Cuban ladies, among whom were Mrs, Carlos Manuel de Cespedes, widow of the late Presi- | dent of Cuba; Mre, Carmen Agramonte do Armas, Mrs, Laisa Ag! jonte de Rivas, Mrs. Carlotta Ferrer de Ferrer, Miss Conception Agramonte, Miss Mercedes Agramonte and Rosano Diaz. The ladies, who were dressed in the heaviest mourning, brought with them a large and artistically designed crown of white flowers as au offering to the dead. The following gentlemen | then carried the coffin from the Governor's room to y Hall:—A, del Pino, J. Gonzalez, 3. Arteaga, J. Piedra, J, Moralos and J, Recio, Tho hearse then started for St. Xavier's: church, in Sixteenth street, followed by the pail- bearers, Then came the sons of the deceased, Antonio and Eladio; his cousin, Colonel M. A. lera, aod Mr, F, Martinez, Then followed the delegation of ladies mentioned above, followed ‘by several rages aud invited guests, ‘The | tu- | cortege passed up Broadway, down Canal | and up South Filth avenue, Long bo- foro the funeral procession reacired the church it had become densely crowded. When the hearse arrived, the front door of the church was thrown open and the’ body received by the priests, and the party who bad taken the body down from the Gover- hor’s room to the hearse now placed it in position on supports the altar, The pallbearers sat to the right and left, and comprised the follow: Miguel de Alda: J. A. Echevorri, official a Cuban Kepublic; Mr, Hilairo Cisueros, President of the Liborantes Society; Mr. J. J. Govantes, President of 1 Sociedad de in Independencia; Geveral Martin MeMuabon, President of the Cuban League; General K, Graham, Vice-President of the Cuban League; Mr, Charles A. Daua, ndro Rorguez, J. Rodriguez, Plutarco Gonzales, Colonel J. M. Macias, Katacl Lonza and J, Polo, 1 the pallbearers sat the sons of Aguilera, the ladies’ delegation and friends. Mra. Aguilera and ber daughters were too prostrated with griet to be present. THR REQUIRM MASS, Then a solemn requiem mass wus offered for the re- peso of the soul of the deceased, the Rev. Father Pol leticr acting as celebrant, assisted by Fatuers Goler and Plante as deacon and sub-deacon, As the body was taken out of the church a curious scene arouse at | the door, First, two bands of Cuban and Mexican | inusicians pressod their services on Colonel Macias, who had charge of the obsequies, asking to be allowed to perform funeral dirges on the way to the receiving vault:n Marbie Cemetery, but tho kind offer was do- clined. A very largo number ofcolored men irom Cuba, some of th ly slaves, insisted on their priv: ilege and to carry the bedy on their shoulders to the cemetery. This request was accorded to. The procession then iormed, everybody wantin, to be close to the coflin, which was carried by the tol- lowing colored men in turns to the Marble Cemetery : Agustin Garcia, Jose Chacon, Juan Pascual, Ramon Romay, Antonio Vidal, Seratin Muazana, Abram Seno, Fuigencio Rodriguez, Manuel Coronado, J. Matten, Jose Reine, Jua unez, Vicento Jan Camillo vin, Federico et. After the coffin was placed in the vauit a bandsoaking with the afflicted sons of Aguilera took pi ONE HUNDRED AND FIVE. noral street, © young may die, but the old must,’ and ale though Hugh Martin tong ago passed the Scriptural | three score years and ten, and bad almost reached the | patriarchal dive score years and five, yet the grave | claimed him at last. He was born in county Mona- ghan, in the province of Uister, Ireland. where he lived for over sixty yeai and emigrated to America at the age when the majority of people would begin to think of preparing for the journey to another world, Whon the Irish rebellion of 1798 broxe out Martin was | ayoung man a little over twenty, and although he touk no active part himself in the rebellion his sym- | pathies were with his native Jand, and he ardently wished for her emancipation from the Kung. lish yoke, Alter the failure of that at. tempt to achteve independence, Martin, who | had not rendered himseif obnoxious to the English authorities, settied down into quiet life. Shorty atter | he married bis tirst wile with whom he livea nearly | Jorty years. When he came to Awertea, over thirty | no deteneo ot eee ——— THE CART RUNG MURDER Young Garrity Convicted of Manslaughter in the Second Degree, JUDGE BRADY'S SOLEMN CHARGE, Escaping the Gallows Through the Mercy of the Jury. How John Smith in bis efforts to punish Robers Garraty on the 4th of July last, for insulting we young girls in company with a gentleman, the fathor of one of the young ladies, as they were walking through Tweaty-eighth street, near Tenth avenue; bow Gurraty, 1ncensed at the attempt to interfere with bim, seized a cart rung, and striking Smith over the head, crushed in bis skull, kill him on .the spot, how the young desperndo was caught and indicted tor murder in (he tirst degree, and how bis trial wae begun a few days since in the Court of Oyer ang Terminer before Judge Brady—all these facts have: aiready been given in the Hrrato It bas also been blated that thet never betore wae arraigned at this Court so young & prisoner upon a@ gravea charge. Tue evidence was most clear and posts tive against him. The only evidence set up or ate tempted to be set up was bis intoxication at the time, On the reassembling of the Court yesterday the court room was crowded, and the throng continued listening to the summing up of counsel and the chargé by Judgo Brady occupying the whole day, Tne prisoner sat behind his counsel, Mr. William F, Howe, and despite his youthful looks wore an expression of dogged mdifference as to the final result, 1 was @ noticeable fact that, although Judge Brady tn hie charge assumed that the verdict was cither to bo murder in tho (rst or second degree, aud made no reference whatever to homicide of an inferior de, the jury Drought in a veruict of guilty ot manslaughter tn the second degree, SUMMING UP BY COUNSEL. Mr. Howe made a lengthy and urgent argument for the prisoner In the summing up address. It was very evident that the facts of the cage were quitea stumbling biock to one of oven his experience usa criminal laws yer, and so he occupied bis time mainly in appealing to the sympathies of the jury. He said that, although he could put justity the language of the prisoner or the assuut committed by him ou the deleaceless girls, ho Yot cluimed that the prisoner was only guilty of i slaughter in the seco! rth:rd degree, and that the | highest verdiet at all hazards should be the former, Ho dwelt at great length on the semt-intox| dition of the prisoner, and concluded with Appeal not to convict the prisoner of wurder im the lirst degree, Assistant District Attorney Russell ed on Verdict of murder in the first degree, and urged that Garrity bad used vilo iangnage to two virtuous girl: and upon their remonstrating, prisoner continued an: Topeated the insult, and toliowed this up by k’oking ono of them. Deceased intortered tor tho girl's proe tection, and the prisoner, with murder in his heart, deliberately waiked across the street, detached from a cart the murderous weapon with which be returned and crushed in tho skull of the deceased, This, ha contended, was murder in tho first degree, aud (has the imkeuious detence-that prisoner was so intoxte cated as not to be able to deliberate should be wholly disregarded, 4 CHARGE HY JUDGE BRADY, Judge Brady followed with a most clear and ime partial charge. He began by stating that the case wae one of very great importance to the prisoner and to the people; that the adininistration of criminal jastica Was aiwiys Important to the masses of the people, who-e rights, to acertain extent, are violated when crime is committed; that it was tinportant not only to the prisoner because it involved bis lite or liberty they shall id important to the people of that the laws which shall be rigidly observed vy the people wha dwell within its borders.” After thus stating the tnete ol the cave and reviewing the testimony, be concluded as follows, showing to whatextent passion or drunk. enness pailiates crime, and the diflerenve between murder in the first and ‘second degreos :— Weill, gentlemen of the jury, passion 1s not a defence to the crime of murder, because passion should be ro« Strained, That 1s an obligation imposed upon us not ly by the liws of God, but by the iaws of man i passion were an excuse for crime all that would have to do would be to get himself into thas condition, or feign it, in order to do what he contem- plated in moments of deliberation, And although in some aspects of the jaw of this State in reference to homicides it ia entitled to a place in your considera. trou, yet standing by ‘self txolated and alone it furmshes no excuse lor the perpetration of crime, Intoxication, whon it exists to the exe tent which is countenanced by the law, is a matter alse for your consideration, and when It ex: such on extent that a man is tneapadle of forming, a motive, then it necessarily must receive cousideration from the hands of a jury; because you cannot convict a mat of murder uniess you can show a design or an intention and if there be ‘no wental power to form a design oF form an intention, of course the crime 18 incompleie— necessarily so. If there is no power to form a motive, no power Lo lori a design, in consequence of the con. divon of the person arising froin the use of spirite nous liquors, then he will be eptitiea to wequittal where intent must prevail, But you must be careful to see to it that “the condition ot the prisoner in this case was such, arising from fiquor, that he was incapable of forming a mo- tive, eapabie of conceiving a design, incapable of forming au intention; and uuless that’ degree of in- toxicution existed at tbe time the biow was given it is in this case, | remembor an expression from the Greek, familiar to me in my college days, that drunkenness 18 a ebort insanity; and although 16 18 @ short Insanity, yet 1b docs not jurnish excuse for crime unless tt exists to the extent to which 1 have stated, And that is the law of this State, and that i the. rule oy which your deliberation: governed, Now, [need not say to you that it is @ that every inan owes to society to presert ba reason. He owes it to society, because when he do- parts from it voluntarily he exposes society to the dangerous consequences which may result from 10; and if he voluotarily puts “himsel! iu a situation which renders him dangerous to other people, and in that situation does harm he sbould not complain if he ig called upon to respond for the injury he bas dom DoW pass to the suggestions as to murder iu the degree, Murder in the first degree is ‘killing fro deliberate aud premeditated design to eflect the death, ot the persow kiiled.”? Deliberation is the act of deliberating, the act of considering ihe offence, the act years ago, his wife came with him, but did not long survive, and her sorrow when she died was that she | could not be buried under the “old sod.” A few yours | after the death of his wile Martin became weary of | single blessedness and chose a young woman who kept a stand tn the Sixth ward to be his wile, She was about twenty years younger than he. Their married | life, however, was happy, und she proved an excellent helpmeet, She now sarvives to mourn his death, and | the tears started {rom her aged eyes and roid dowa | her wriakled cheeks as sho told the story of the good- | hess and kindness ot her departed companion. Said He was a good little man, He was good to me; divil a better,’ For the last three years of his lite he supported him- selfand his wite principally by vegging, which must have beon a profitable trade, as he paid $5 a month for | his rept aud was never a burden on the authorities Ho was lame and was compelled to use crutches when he walked, as about three years ago, while ho was | working in a cellar, a barrel of oil rolled on bim and | broke Wis leg. Martin never recovered the u: leg. He was always a #tréng and hearty man possessed a most iron constitution. be died it was not from disease, but age and general | debility, He was sick bat w few days, and died on Friday night last at midnight. His soo, John Martin, who is filty-deven years old, came to the house where bis father had lived, No. 530 East Twelfth street, aud | in adrunken rage, While his dead father’s body laid in | the house, abused the sorrowing widow and declined | | to pay anything toward the burial, and Owen Martin's body was taken to the Morgue, trom whence it will be interred in a pauper’s grave. Mr. Kelloch, tho | Saperintendent of the Outdoor Poor, often wanted to: | take the aged couple to the Alinshouse, but they were independent and would not go. For some time be hia death be was very childish and weak in bis my although he reta senges, His he ol his nd | and when | a, ned bis sight, bearing and other 4 was covered with a tull growth of biack hair, altyough his beard was gray, and bis teeth remuined comparatively good, MUNICIPAL NOTES, The ofice-ho'dors around the City Hall fool exeeca™ ingly uncomfortable, m view of proposed legislation at | Alvany making a reduction m their salaries, Mayor Ely and Comptrolier Kelly have divided in opinion 08 to the number of commissioners which should conduct the business of the different local aee partments. The former favors one head for each coms | Mission, while the latter thinks that three are not too many in some tostances, such asthe Police, Fire and Charities and Correction, City Chamberiain Tappan makes the following statement of moneys in bis hands during tho past week ;—Balance, February 17, $1,104,700 04; Teooipta, $604,005 49; payments, $599,446 07 ; valanceyFebruary | 24, $1,210,450 96, the ordinance authorizing payment of twenty-two clerks to tue Boura of County vasserk has not yot vod the signature of Mayor Bly. Lf he a not interpose a velo ib becomes law within ton days after ASHALO, by: Vomptrolier Ketly to-day pard to the police fund $274,755 BL tor expenses arred in that department durimg the month of February, The Finance Commitice ot the Board of Aldermen Will soon investigate the charges as to non-payment of personal taxes by a large number of Wealthy persons in this erty, Now that Commissioner of Public Works Campbell has ceased to bo President of the Consondation Coal Company Alderman Tuomey’s “bull-dozing”’ com ite | to act deliberately upon a coutemplated deed, 1 considering the thing to be dove. Premeditation ia @ act of meditating belerehand, and it does not im my judgment require any long premeditation or ony Jong deuberation to mako @ person guilty of an of fence within the meaning of the statute. , Let me luge trate it in this way :—suppose, for example, that | having antipathy to a person'on tho other side of this court room, should form the cesiga, sitting here where | am—deliverately form « design: kill bm, I proceed to do ido it, that would be a sulll. nt deliberation, @ suiticient premeditation to jastliy conviction of murder in the first degree, In other words, if there be sufficient time for the mind ut tg decd Is done, 1 18 murder in the Orst degree.’ Murdet | In the first degree is the formation of the dosign tq kill betore the blow im struck, and that makes the dise ‘inction between murder in the first and murder iq the second degree. Because murder in the first degrog requires deliberation and premeditation, and mu der in the secuns degree only requires that the intention to kiil shall be formed at th very instant of striking the blow. That is 4 difference between the two, so that if in the case'you Cone to the conclusion that before the biow was struck there was a deliberate determination on | the part of the prisoner at the bar to kill with that cars rung, that would be murder in the first degree. If ha had no such intention, but at the moment of strikin, | the blow tormeéd the intention to kill, then he woul be guilty of murder in the second degree, & deliberate parpose to Kill, fore striking the blow, that is murder in the first dee gree. If the intention to kili exists only at the moe ment of striking the blow, then itis murder in the second degree, If there 16 nd that 1s carried out, boy VERDICT AND SENTENCE, Tho jury was out but a short tine when they rhe turned with a verdict of guilty of mansiaughter in the second degree, The youthiul prisoner was thea calied pon to receive the sentence, which Judge Brady imposed as follows:— “You have been most successfully defended, and the Jary took most morcitul view of your case, To should de another warning to the youth of this cor munity to abstain from induigence in intoxicatin; liquors, During a long experie 1 have found tool nine-tenths of the cases which have been before m have arisen from the pernicious use of imtoxicatin; liquors, Ho hoped that this example may deter others, I deom it my duty to pass upon you the extreme sens tence the law provides for the offence of which you have been ound guilty, which is seven years in the State Prison, rd labor.” nce young Garrity bowed His mother and friends clus. tered around him, and Sr. Howe congraniated the tor on having saved hun from the gallows. MILK AND WATER MEN, Tho Board ot Health is again on the warpath, nq all the inspectors aro after the scalps of those unsctus pitlous milk dealers who seek to produce @ Crotom water famine by wasting tin thoir trade, Yi ten of tho sanitary Inspectors were supplied with lags tometers, and in a few days the entire force wilt armed with the means aha or ite miik offered for sale, The booea ne the jected Professor Waller, of the School of Mi make ohotmical analysis of the specimens secared, a view of prosecuting all oflonders, orday che the inspectors found milk that bad been skimmed very budly “Crotontzed” at No. 67 Kast Hot, No, 281 Mott street, No, 231 Mal and No, 63 Frankiort stroot, The Samitai tendent expects to be able to bave tested ‘Wilt probably be dissolved, | 900 saumples por week,