The New York Herald Newspaper, March 3, 1877, Page 8

THE COURTS. Baing the City for One Hundred and Fifteen Thousand Dollars and Getting Six Cents. PUT'N 'EM OUT OF COURT. A New Departure in the Countess Hein- rich Litigation Os JUDICIAL RAP AT REFEREES. ‘A decidedly discouraging drawback to the multitu- dinous suitors against the city who have been hope- fully anticipating large verdicts on account of damages to their property through drawing off tho water of Lake Mahopac in 1870, on account of the water droaght pf that year, will doubtless be the verdict of six cents damages given yosterday in favor of Mrs. Saportas, plaintiff! im a suit against the city, tho trial pt which has been in progress since Monday last beforo Judge Van Brunt, holding Supreme Court, Circuit, While other suitors—one of these suits | being for $400,000 damages—have failed to press their yuits with the energy that naturally would bo looked for under the circumstances and the wlmost unttorm Anticipation of mulcung the city 1 beavy damages Whas been leit to Mrs. Saportos to ve the pioneer in the ficla of Litigation, Several years ago Mrs, Saportas, entranced, no doubt, by the charming sceuery ut Lake Mahopac, bought several iarms contiguous to the lake | and built’ stately mansion upon a site commanding a | Deautilul view of the Jake aud the onvirouing land | Scape, As she states, her original outlay was $200,000, and to this she added a further expenditure of $125,000 in fitting up a residence and in improving the grounds, Few couutry seuts u‘jacent to the city presented sach a picture of rural splendor and scenic beauty, In 1870, owing to the Infrequency of rains, | the waters of tho lake were nearly argwn | dry to keep up the needed supply of water lor the city. ‘A film of slime covered the bed of the lake. From the decuy ing vegetuble matter inodorous exbalations tilled the air. In the succecding winter months inulurial diseases afflicted the Inhabitants, All of Mrs, Saportas? children were sick, This sickness was attributed to draining off the water ot the luke, und in the possibility that these excessive drafts upon the water might be of frequent occurrence, the place came to be looked upon as a piague spot, Mrs, Suportas sold her beautitul place, pot quite jor a song, it 18 true, but ata lizure 50 Much below tne original cost and outlay that she thought she was cucitied to be paid the dillerence by the city, such difference having been figured up at $115,000. She ewployed the Messrs. Bartlett to prose- Cute’ thoe suit, and Assistant Corporation Counse! Stetson and Miller defended tuc city. ‘The leading points of the testimony have already been given in the Henan, Many different stories ‘were given by the witnesi Some families were sick abd rome Were not, aad the sickness was ascribed to different causes, Ax usual doctors calied as experts upon the subject of malarial diseases disagreed. When the counsel commenced summing up yesterday they went at their respective work witb unwonted vigor of will and purpose. Black letter law and our modern law books were rangacked for precedents, Of course, it js to be presumed that the jury were in a fog when tho learned counsel had concluded their long-drawn _ barangues. Not content with their prolonged arguments, they banded up to the Judge numerous special requests to charge, which only served to intensify the toy. Iu fact, Judge Van Brunt implied thts much when he rose to inake | bis charge. He began by reading these requests, which ho protaced by stattig that he did not vehe the jury would understand their import. He, how- r, speedily dispelled the fog by the clear, succinct compretionsive manuer in which ho stuted the tacts. Dropping legal rulings, he told in pine English What a nuisance is and what {tis not, He indicated tlearly the standpoint trom which they were to win bhe tucts ; so clear, inaced, that the jury were out but twenty minutes when they brought tn a verdict for six cents damages, as stated above. This is regarded as one of the most important legal victories the city bas achieved for some time, as establishing a precedent for similar verdicts in tho multiplicity of similar suits pending against the city. ‘ CASE OF COUNTESS HEINRICH. The particulars of the suit brought by tho executors of the late Danicl May ogainst Catharine E. Hick: othorwiso known as-Countess Helurich, together with beross-action brought by her against such executor, have already been (ully given inthe Hxnaup, In the lormer suit a judgment was taken against her by de- fault, claiming that injustice was dono to her through ‘the rendition of such judgment, Sho recently came from Europe in order to take proper stcps to have wach default opened, she claiming to have a good de- fence ou the merits, Severai days since, as fully re- Ported at the time, there was an extended argumont fore Judge Davis, in Supreme Court, Chambers, the Main polnt raised’ in opposition tw the motion to re- open the irisl being that she should tle security tor | tosts, the bond asked for being “f an amount which the alleges she 1s unable to urnish. Judge Davis ves- Jerday guve his decision im the case, the follow. Ing beng bis opinion, im which, as will be seen, the way has been opened for the Coudtess to again prosecute her suit:— Yho deiendant in this case, by the severe terms im- posed upon her by the former motion, has been de- rived uot only of a trial of this action on the merits, ut as a consequence will be deprived of a trial on the merits of her owe action in equity. The supplemental auswer setting up the Judgment in this action asa bar to her recovery im her suit in equity will probably detcat her there, however meritorious the case she may present, This result will be sirskingly unjust and pught not to be denied in a case like this even by hor Antagonist. I have no doubt of the power of the Court to relieve ler trom this dilemma on proper terms, nor of its duty to do so, But it seems to me tho | better course for both parties that the motivn | in this care shouli be held in abeyance Until the trial and decision of the suit in equity, tor it fbo succeeds in that suit st will be very clear nat the | judgment in this case ought to be opened, while if sho | e besten in her equity suit the judgment herein provably should not ve disturbed, 1 lave concluded, therefore, to direct that if the plarntiff in this action stipolate within twenty-four hours after the fervico of a copy of this suggestion upon her atior- neys 10 withdraw his suppfemental auswer above Mentioned, or not to give evidence of the judgment thereunder or oller or prove said judgment on the trial of the equity action, so that the sume may be disposed of on ils merits; then the final decision of this motion be suspended until after the trial und decision of the suit in equity. Otherwise an order will be made and entered Vacating the judgment in this a@on on such terms as will chablo the defendant to tomply therewith in time to prevent the use of such judgment as a defence or bar to the defendant's suit ia equity. The attorney of the delendavt may fle with me an affidavit of service of a copy of this suggestion on the Plaintif’s attorney, and if such stpulation be not made of the refusal or neglect to work the same at Qpy Umo after the expiration of such twenty-four hours, in order that further action may be taken by the Court in respect of the present motion, A PARTY WALL LITIGATION. Solomon Manz is the owner jn fee of the house and | lot No. 272 Houston street, and Louis Hoffman owns the house and lot adjoining on tne west. ‘There | is a party wall between the two houses on the west, and Hoffinan commenced to put up a new building on | bis lot, inserting his beams into the party wall, Of this Manz did not complain, vut about a week ago Manz | and his contractor, Joseph Schifller, commenced to break into the party wall on bis side, making a cut from the basement upward six inches in width and four inches in depth, for the purpose of insertin the water pipes of’ the house. Manz, thro bis counsel, George F. Lavgbein, immediately | applied for an jnjunction to restrain Hoffman, | bis contractor and his workmen from continuing the | Cut, but as the papers could not be served until Feb- | ruary 24, 1877, and Washingtou’s B rthuay itervening, | the detendant kept at work on the cit, wking out | brick and mortar, and reached the second’story, when be was stopped by a teinporary it jon, The case came up for argument yesterday betore Jnage Barret, On u Motion to make the injunction permanent, E Judge Gross appeared for tho defendant and argued that the Department of Buildings had allowed tbe Cut, and that {did vot tnjure the wall or make it ungate, and produced an atidavit of one of the batld- Ing inspectors wnd one by the contracior and eeveral Others that the wall was not weakened, but strength ened by the cut, Mr, Langbeim ridiculed theso affidavits, saying that if deiendant produced v0 | euch affidavits they were untruc, beexnuse it was a | physical impossivility to take bricks and mortar out Of & twWelve-tneh wall, to the depth of four inches, six {ncbes in width, from the basement to tty ond story, without weakening the wail; that defendant bad no right (o. cut or injure the wall other than wo place bis beams therein; that the defencant must put the water pipes on the outside of the wall tn th house, and that the wall being a party wall, ch owned the Whole in common, and neither had the fight to cut it or ine | jure it in any Manner, except to place beams therein, Judge Barrett aid it Was 4 digh hind receocing to tut into the wall to Josert the water pipes, leaving unty | eight inches thickness, and if defendant bad the right | todo so plaintiff had the right to do so tn tue same | piace on bis aide of the wail, thus \eaving the wall only four inch thick, and thus certainly impatring its xalety. He, however, took the papers to permit defendaut’s counsel to band in some authorities, DUTIES OF REFEREES. In the suit of the people ex rel. Korostowsky va, Leipag o Judgment wa: obtained in tho District Court | against the defendant, and a trauseript of the same was filed iv the County Clerk's office, An order tor | the examination of the defendant in supplementary ings was issued by Judge Von Hvesen, direct~ fog the same lo be had butore a rofores, On tho examination before the reieres the judgment dodtor | | late by the rival artists of the brush and pail who decor. | ate the dead walls, bill bonrds and fences of the city j to tue pl NEW YORK HERALD, SATURDAY, MARCH 3, 1877.-WITH SUPPLEMENT. appeared, Ae aged After s number of sit- tings bad hold for somo cause the referco formally udj too judgment debtor in contempt, and certified tbe proceedings to the court, where the matier came up for argument before Judge Robinson at the Special Term of tne Cours ot Common Pleas. Mr. Cohen, who appeared on this motion for the judg ment debtor, contended that {rom the moving papers and the examination and report of referee, which were on file, it a that the examii nm had been conducted muinly by the referee. The judgment in bis affidavit read on the argument, charged feree with partiality and with having ascended his daties, in that the examination of Judgment debtor was conducted mainty oy the reforee, and that the referee’s actions wore characterized by a vindictive epirit to toterrogate the witness upon points which were entirely irrelevant. Mr. Cohen then pressed u motion to modify the original order for the examination of the judgment debtor by striking ous the order of reference and to substitute in is clause that the examination be continued be- fore the Court, Judge Robinson, who gave his decis- jon yesterday, 1n his opinion states that the duty ot » referee appointed under supplementary procecdin: isto take and not to make the examination of juagment debtor; that if he attempts to do so in an officious manner he transcends his duty; that in this action the referee, instead of acting the mere part ot one before whom an examination should be conducted by the plaintiff, in a great measure took upon himself the part of dominus lites, or prosecutor, and pressed aggested of his own motion to an inquis- extent, The motion to punish the judgement debtor for contempt was denied, witb costs, and tho order of referenco vacated, with a farther order that the examination of the debtor be conunued betore the Court. JOHN BROWN SEEKING A DIVORCE. John Brown, after twenty-six years of marital cx- perience, has brought a suit for divorce against his wite, Letitia Brown, charging her with adultery, A motion was made yesterday before Judge Barrett, in Supreme Court, Chambers, to compel him to pay counsel feo of her lawyer, it being apparently con- ceded that tho financial circumstances of Mr, Brown woud not admit of his paying any alimony to bis wifo pending tho suit, I was urged lor tbe motion that Mrs, Brown is a poor washerwoman, and that unicsa her husband furnished money to enable her to employ unsel « judgment will have inevitably (o be given against her through her inability to defend the sut, It was stated on behalt of John Brown that his total income.is $40 a month, paid him as night watchman for the Merchants and Drovers’ Bank. “Mr, Brown will have to go to jail,” urged the counsel, “rf thia motion is granted, as it takesall his incagre earnings to baroly support himself. ’? *+No he won’t have to go to jail,”? said Judgo Barrett, How can he avoid 1t¥’? pursued the counsel, “By paying counsel ee,’ said the Judge, adding, “if the plaintiff couldn't pay counsel tee to his wile he bas no business to come into court. It would be contrary to every principle of justice to let a perhaps innocent woman’ suffer irom the stigma of such a charge on ace count of her disability to disprove 1t.’? ‘After some further argument Judge Barrett took the papers for examination. BATTLE OF THE BILL POSTERS. The courts have had much attention attracted of with announcements of approaching theatrical enter- tainments. Henry J. Paulding, who claims the dis- tinction of being ‘Boss of all the Bill Posters,” seems to leaa an interminable wartire with his rivals, and usually comes out of the legal arena first best, On the 13th of January, 1877, William Reaga: began suit in the Court of Common Pile against Paulding, wis alleged partner, Thomas Moore, and eleven of their employés for maliciously posting over the bills ot Reagan. Judge Daly granted the pinintiff a temporary jnjuvction, and the defendant's counsel, Mr. William F. Howe, movea to set aside and vacate this injunction, which tho plaintiff's counsel moved to have made perpetual, A Jengthy argument was had yesterday before Judge Robinson 1n the Court of Common Pleas, ‘The grounds taken by the defendant’s counsel were, first, that tho injunction had been tmprovidently granted, for the | reason that the samo was defective in its essential legal aspects, and that the plaintiffs, from their own legal documents, were not entitied to a continuation of the iayunction. Judgo Robinson coincided with the views presented by the defendant's counsel, and va- cated the injunction, with costs ugainst the plaintiff. THE WHISKEY CONSPIRACY SUIT. The trial of the United States against Messrs, Boyd & Hall was yesterday resumed in the United States Circuit Court, before Judge Blatenford. Counsel for the defence was early on band, as was also the indo- fatigable Assistant District Attorney, General Sher- man, upon whose shoulders the whole responsibility of atrial in which the government has been for months and mnooths engagod in preparing at Washington, has devolved hero in New York, Mr. Rosebotham was recailod to identify accounts of sales with gaugers’ returns, indicating jots of spirits | that are charged to have been illegally taken by Golson & Easiman, Chicago rectiliers, from Mesero’s distillery, forwarded to the defendamts apd received by them hore, with the ‘intent of defrauding the government, ‘The case stands adjourned over till Monday morning. SUMMAKY OF LAW CASES. The case of Andrew J. Mellen, charged with stealing from George H. Daril, a coal dealer in Philadelphia, $500, and who bas been arrested upon a warrant of ex- tradition upon Governor Robinson, was yesterday tho subject ofa lengthy argument before Judge Barrett. ‘The main point was bis discharge on bail pending a re- view of the case at General Term, the right to such re- view being based on an appeal from a recent decision ot Judge Donohue in ths case. It 1s claimed, on the other hand, that in case of a warrant of extradition no statute can stop proceedings, and the case of G. E. Miles, brought up hero upon’ habeas corpus pending his removal to Vermont to woswer a charge of implica- tion in the Barre Bank robbery, was cited in support of this position, Judge Barrett took the papers, re- serving his decision. Klas B, Asblev bas brought a uit against Marrin D, Clemens and Daniel T, Campbell, growing out of an alleged traudin a borse trade, Mr, Asbley had astal- lion which he exchanged with the defendants fora mare named Belle Campuell. Kach party claims their respective horses to be worth $600, and made an “even swap.’” It 1s stated that Belle Campbell was represented to be sound and without foal; whereas 1t is claimed that sho hag a dcep seated corn on one of her feet and was with foal. On this account it is claimed that the owners of the stallion shoald pay $400 damages, anda suit has been brought to recover such sum. ihe present owners of the stallion set up as their dofence that the horse was roprosented to them as baving been sired by Rysdick’s Hambletonian, and that his mother was sired by imported Consternation, and that his grand dain was sired by thecelcbratel Royal George. A pedigree esotting forth these facts, it was further Stated, was promised, but never forthcoming. Tho failure to furnish such pedigree ts set forth as an offset to the claim for damages. The case came beforo Judge Barrett yesterday ona motion to change the venue to Livingston county, which ended in the Court taking the papers, Juage Sedgwick yesterday denied a motion foran attachment against Karl Walk, wt tho suit of Eliso Frederick, for non-payment of alimony, as directed by tho Court, DECISIONS. SUPREME COURT—CHAMBERS, By Judge Barrett. Madge vs. Purg.—As the fifth cause of action In tho original 18 Jett out of tre amended complaint and is not in the affidavits ou which the order of arrest was granted, the objection on that head is overruled; all | the other causes of action are obligations incurred by frand—io wit, the fraud by wnich the contract wa cured, It was renliy unnecessary to plead four causes | of action, There was m fact but one—viz, the breach | of the contract, The plainuiM could have simply | pleaded performance and averred breaches of specity- | ing them together to his damage the total sum | claimed, All tnree damages were the direct result of | tho iraud which consisted 1n a bankrupt (by fraudo- | lent representations as tu his means) secaring a con- | tract which he must have known could not be por- formed and which necessarily resulted in Jargo | inuif, The motion is denied, with $10 co: | Harris vs. Todd.—The detendant ts entitled, as a | | matter of right ander section 125 of the Code, to havo the place of trial whero he resides, the plaintiff being a non-resident, Motion granted, with $10 costs to abide Dt. The People, &e, ve, The Security Life Insurance Compan Leave to 1ntervene granted, Gardner vs. The Mayor, &e—Upon the amdavits submitted and upon an inspection of the testimony taken by (be commission, | am of opinion that the chargo was very reasonabic and entirely propers The motion should theretore be denied with $10 costs. People, &c, vs. Mellen,—This proceeding may be bronght ‘on for argument March 2, at half-past ten | A Niles vs, Shaw.—Extra allowance of two per cent ted. Brircher vs, Shea,—t am not quite satistea with Shefield, but a4 Donnelly 1s so amply responsible, | think upon the whole that this andertaking ehould be approved. Hurxthal vs, Salo.—The motion is premature. The Court has not yet confirmed the report and adjudgea costs as the statute permits, expresses po opinion as to whether an allowance should be granted in case the report is confirmed and costs adjudged, Motion denied, with $10 costs, without prejudice, By Judge Davia. Donnelly vs, MeCaiili; Thaule vs. Krekelor.—Orders granted. Matton vs. Hicks.—Memorandom. SUPREM“ COURT-—-SPECIAL TERM, By Judge Van Vorst The Security Bank of New York vs, Warren, &c,— Judgmont signed, SUPERIOR Col —SPECIAL TERM, By Judge Sedgwick. ve, Pape; Carn vs. Dav’ Kipp ot al granted. Chatterton vs. Mulford; Ruth ve. Connor, &c.-—Mo- Mons denied. Burneu vs, Sc Motions Kane; Hissong va. Mait; Hesleg va. midt; Higgenbotham vs, Dowitt; Beekman vs Tho quitabie Lie Insuranees Compan New Yor! allnghan va. The Mayor, & ' etal, Senenpp vs. Hogan; Kk ; The Heer Fire om pany. —Ordery eta Heidenhetmer vs. Mayer, Order settled. Nardys v8. Grose. —Motion to continue injanction de- nied, yi Johuson vs. Phillips.—Caso and amendments settted, | seats, Geschiedt vs. Abrens,—Motion granted on condition of "enna of $10 heron re ve —e. eh vs. Heoriques.—Motion H costs, to abide event, essed Gratz ve. Gratz,—Report confirmed; $10 costs. pone vs. Ralph.—Judgment of divorce in favor of Fredericke vs. Hacker.—Motion denied, without costs, This remedy is by execution, Heyser, &c., vs. Kelly, &c.—Motion denied, without costs, Mem dun. Buckley vs. York ond Horlem Railroad Com- pany.—Counsel will note on amendments tho pi &c., in stenographer’s minutes to which reference is mage, ind the plaintifl’s attorney will re-engross pro- case. ly vs. Bodine. —Trit erce’s fees to remain as taxed, Goeizel vs. Lynch.—Order staying plaintiff's pro- ceedings until secarity for costs be flea, Salzbacher vs, Hamburger. —Ungertaking approved. Bamburger Hubbard, —Leav. inted to issue execution, Nitschke vs, O'Neill et al,—$100 extra allowance to deteudants, Reynolds fee stricken out, Rof- Crump et al.; The National Batchers and Drovers’ Bank vs. Mills. —Relerences ordered, Reynolds vs. Crump et al.—Order granted and un- aertaking approved. Yutte va, Rauch et al,—Undertaking on appeal ap- proved, Bulger va, O’Reilly.—Reference ordered. MARINE COURT—CHAMBELB, By Judge McAdam, Corton va, Biggs.—-Opinion filed, Varney vs. Tracy; Hallock vs, Hettri; Rosenbaum vs. Links; Barnes vs, Laigiane,—Motions granted. Bainberg vs. Stein. —Order settled, Engleman vs. Cooke; Sohmr va, Bischoff.—Pris- oners discharged under tho Fourteen Day act. Spingarn vs. Davis; Friend vs. Same; Hollander vs Same.—Referred toE. Jacobs. Bartle vs, Goule,—Witness defaulted, Hoppo vs. Krone,—Sureties approved, Brown vs. Reissig; Maier vs, Donovan; Martin va. Lane.—Detaults. ns vs, Kenny,—Taxation affirmed. Reynolds vs, Ingraham.—J, McNulty appointed re- ceiver, Steuber vs. Schuarz.—3otion to compel plaintiff to receive answer granted. GENERAL SESSIONS—PART L Before Recorder Hackett, THE SUTTON PERJURY CASE ENDING IN AN AC- QUITTAL, * This prosecution, which has lasted a: considerable time in its investigation, was yesterday drawn toa close. The defendant, James Sutton, it will readily be remembered, was indicted on the chargo of por- jury, in having, as alleged, in an examination before Fige Marshal Sheldon, falsely and corruptly over- estimated his losses by fire. The details of tho care have already fully appeared. Assistant District At- torney Herring summed up on Thursday and Colonel J. R. Fellows; counsel forthe defendant,.on the day preceding, Recorder Hackett, yesterday, took his seat on the bench promptly at eleven o’clock and pro- ceeded to charge the jury, at once proceeding to the point at issue. In the course of his remarks the Recorder said:— ‘This case, to my mind, presents no features of diffl- culty, and’ only two questions which aro to be an- swered by your verdict and eliminated from a mass of testimony, some portion of which is entirely without application to the issues in this case, but which bi teen introduced through the excessive zeal displ by the counsel for the people and the prisouer. 1 do not remember a case which has ever been presented before me in my judicial capacity that seemingly has invited into action more earnest and honest convictious of the counsel, and the best ad- vocacy that their respective minds, intelligence and education were capable of. Having due regard to the character of the evidence, which should be tresh in your minds, and the important points of which have in the addresses of the District Attorney and tho nsol for the priconer—-been specially adverted to, stated and commented upon, it would be supereroza- tion for me to review the testimony, er even to stato it, Alter briefly reciting the history of the case Re- corder Hackett went ou to say :—The important feature upon which by the theory of the people the charge of perjury 1s based are the estimates orrvaluations mado by the prisoner before the Fire Marshal—namely, that the sound value of the Aldine Asso- ciation =at =the time of the occurrence of the fire on the 24th of June, 1875, in. the premises No, 58 Maiden Inno, was $122,966 62; that the sound value of the Aldine Association at the time of the occurrence of said fire in the premises No, 23 Liberty street was $139,853 91. It further appears in evidence that the prisoner had, ut tbe time tnut the fire occarred, eflected fire insurance in vurious insur- ance companies upon the property of the Aldine Asso- ciation--upon No. 58 Mafden lune, $57,812 50; upon No, 23 Liberty street the further sum of $51,977 50, reaching a total insurance of $109,700. The prisoner stated in his affidavit that the damages to the property by the fire amountea to the sum of $293,465 51— namely, to No, 5% Maiden Jano, $122,966’ 60, and on the property claimed to have been within the premises No, 23 Liberty street, $80,408 91, the aggre- wate amount claimed as damages. heing $203, There are gravo contradictions in the testimony, which you will recollect, and {t becomes peculiarly your duty to ascertain where the truth lies, After somne clear and comprebensive observations spe the question of motive, and after instructing the jury upon the law bearing on the case, the Recorder suid:—in order to convict the prisoner of the perjury charged by the testimony taken in this case, lt should not only have been affirmatively proved, and beyond a reasunablo doubt, that the prisoner in and vy his depositions taken before the Fire Marshal on occasion of the in- quiry before him relative to the property alleged to have been imjured and destroyed by jhe fre of the 24th of June, 1875, at No, ‘23 Lib- erty. street and No. 58 Maiden ano, had been guilty of false swearing; but you, gentlemen, deiore you can convict t risuner must find conclu- sively as a further, additional and vecessary fact, that the prisoner so having falsely sworn, had knowingly, wickedly, unlawfully, maliciously, ‘wilfully and cor- Tuptly and with positive intent so falsely sworn as charged in the indictment. Unless you, gentlemen, shall arrive, withous a reasonable doubt, to the con- clusion that the f@ts just spoken 01, and all of them, have been established, the prisoner is entitled to our verdict of acquittal; but if they bavo been ostab- Nehed, and no reasonable doubt having been suggested to your minds upon ao just and critical review of tho entire evidence adduced, it will become your duty to convict the prisoner of the charge. ‘The jury then retired, and after an absence of about three hours returned to court with a verdict of acquittal, FATE OF A HARDENED CRIMINAL. Charles Lang, alias Max Muller, of No, 581 Eloventh avenue, was arraigned charged with barglary in tho first degree, On tho 16th of February the prisoner was canghtin the act of committing « burglary at the premises of Adulph Grindl, No. 18 First street, by Officer Creeden. The prisoner was readily recognized as an old offender, having previously been tmplicated in the crimes of arson and receiving stolen good?. He now pleaded guilty, and the Recorder sent him to the State Prison for the term of fifteen years, A YOUNG BURGLAR DISPOSED OF, James Anderson, aged twenty-ono years, of No. 212 Monroe street, pleaded guilty to the charge of burglariously entering tho promises at No. 50 Forsyth Street and stealing the cas fittings therein. He was caught in the act, and his antecedents being untavor- able he was sent to the State Prison for ten years, THE BOYS’ PISTOL AGAIN. John H. Montague, a boy about eleven ycars of age, was arraigned before Judge Wanaell, at the Essex Mar- ket Police Court, yesterday, on a charge of felonious assault and batiery, But poor hitve John H, Montagne, accord to the testimony of his uncle and several other ves, Was not guilty of any felonious asenult, John Montague, Phomas Bradley, William Rockwell and George Machine were playing marbles together in Eldridge street, near Delancey, George Machine handed little Montague a loaded one-barrel pistol, which young Montague fred at William Rockwell. The bail glanced off the right hand of William and struck Thomas Bradley in the right jeg, wounding bim severely but not seriously, Little Montague was bh to await the resalt of injuries. CHEAPER TO PAY THE CONDUCTOR. Justice Marcns Otterbourg was the complainant be- foro bis brother Justice Wandell yesterday against ove James Cochran, of No, 37 East Fortieth sirect, for diserderly conduct, According to the testimony of © Justice Otterbourg Mr. James Cochran was acting im a very disorderiy manner on the front of a Third avenue car on whic the Justice happened to be. The conductor rapped two or three times on the glass, and Cochran 1 he wants the fare jet bim come out tor Ouerbourg showed Cochran tho little hole which be could puss his tare, Coehran, who had been drinking, resented the inl ference of body “in his business, threatened to put a bead’ on Mr. Otterbourg, where- upon the latter bided bis time until he saw .an officer and procured Cochran's arrest. up from about cleven o'clock yesterday morning tll two o'clock in the afternoon, and when brought up be- fore Judge Wandoll he merely asked the amount of his fine, which was $10, paid it and decamped a sadder but a wiser man, FREE THEATRE TICKETS. George McGregor, a young man about nineteon years | of age, not very well dreseed, but ecemingly with an abundance of assurance, was arraigned before Judge } pmer, at the Washington Place lolice Court yester- r on ‘a charge of obtaining theatre tickets under faige pretences, The principal witness against him was Mr, Stanley Dust, manager of Heller's thoutre, who testified that McGregor bad written notes with his name signed to them to the manager of the Frith Avenue Theatre, to the manager of the Grand Opera House, ‘and to the manager of the Broadway Theatre, asking for two, three and evon five From soine of these managers he teecived els for sents, which Were used, There were a nuin- ber ot other ‘statements mado against MeGregor about siguing the names of various managers and re- ceiving seats therefor, but Judge Flamer ruled that 80 fur us these seats were concerned they were all com- plimentary and the giving of them merely courtesy between managers, and had no real value. Young McGregor, much to the disgust of Stanley Dust, was discharged, A6b A Cochran was locked | ST. JOHN’S GUILD. EXAMINATION PROPOSED BY THE STATE BOARD —MASTER WISWALL AND WARDEN WILEY REFUSE TO TESTIFY. Following closely upon the examination of the Ju- venile Guardian Society comes that of the St. John’s Guild, It was begun yesterday by the State Board of Charities Committee, consisting of Messrs. Roosevelt and Hoguet and Mrs. Lowell. The case as it at present appears 1s not of the clearest, Together with the sus- picion of mismanagement are involved the personal character and domestic relations of Mr, Wiswall, the master, The trustees of the Guild about to examine the officers, and ask that the State Board of Charities postpone its investigation until that of the trustees is completed, Yesterday the Guild appeared before the examiners in the persons of its attorneys, Messrs. Jobn D, Townsend and F. J. Dupignac, These wentiemen claimed that the Board had not the author- ity to examine the society in the manner proposed, and upon being Informed that the Board would not permit counsel to be present at the examination they formally denied the right of the Board to continuo the investigation, ‘THE PROCEEDINGS. The Board being regularly called to order by the Chairman, Mr. Townsend, addressing the committee, suid:—We desiro to know by what authority you have issued subpoenas for witnosses? Mr, Roosevelt—Under the act of 1867, ‘ Counsel—Have any charges been made against St. John’s Guild, or bas avy testimony been taken before the committee yet? Mr. Hoguet—No, sii But we think that we are at liberty under the statutes to investigate any charitable institution, This 1s nota tral, but merely an mvesti- gation. The following statement was then submitted to the Board:— ux State Boarp or Cuanirixs:— ‘The reply of the Rev, Alvah Wiswall, mast UW. Wiley, warden, of St, Jobu’s Guild, to by Theodore Roosevelt, one of the Comm State Board of itles, but purporting ty b command of the people af the State of New York, directinis usto appear before sald Hoard, ut No, 62 East Twentieth 1 the 2d day of March’ inst. ily i investigation of the affairs ot St, uid, : First—That we are officers ot w charitable institution th trustees; munagers of oficers of witch, wero metther winted Wy Rnd which instteuel er the direetio and William bpene signed receives no St ud that we at nd control of the trustees of such in- hat in consequence of an article which appe in the World nowspaper on the 23d of Fobruary 1 ing the character of tne Master of St. Jol flecting upon the management of that institution, {ng of the trustees of St. John’s Guild was held on the even- ing of the 24th of February, when it was determined that an fumedinie and thorough exammation ot ail the «fairs of St. Johu’s Guild should be conducted with open doors, that the right of examination and crovs-examination should be allowed both to persons making complaints ## well us to witnesses in favor of St. Joun’s Guild or its ollicers, and that nid a meet- Any persons choosing to uppexr by attorney mizht do so. At the je time the State Board of Charities were requested to be und make such inquiries | in. regard management — ot St. John’s Guildor its a8 wero pertinent. ustees upon that occ: Justico Daly, B. P. Thurber and William H, Guion— nity so high that not oven one of the wecusers of Bt. Jobn's Guild has dared to vreathe a suspicion azninst either of them, as referees to hear and report ail the testimony taken upon such examination, and gave them power to fill vacan- cies should such vccur. The public and the press wo: Vited to be present, and nothing was Joft undone which in the opinicn of the ‘trustees would tend ¢o throw a full and clear light upon all the transacti John’s Guild. ‘The proceediuzs of th were published in several of tho daily paper: mentod upon, und by order of the presidents of the different bourds a {ull mecting of all the trustees of St. John’s Guild has been called tor Saturday evening next, to perfect the urrangement for such examination and to ap: aint the time for its commencement. Notwithstand- Ing such proceedings and the publicity given thereto wo yesterday received what purports to be a direc. tion by the people of the State of New York to appear nt this time betore the State Board of Charities and be ¢ amined in regard to the sume matter. We rexpectfully subimit that this action by the Sta d of this time is uncalled for at least, be shown to justity this procesding. ube Hourd of Charities to taste ted five gentlemen— K. of its officers, it is our duty to it, and like law abiding citizens we shall bow with submission, but at the present time we ure advised by counsel that ‘the State Board of Charities have no such authority. We well understand that evil disposed persons may cavil upon the position which at the present moment we are advised it is our duty to adopt, but we leave it to the second und, wo think, better thought of the community whether itis not wiser not to recognigo illegal authority than even for 4 temporary benefit, to acyniesce in an illogal action by this Board of State Charities. We do not say that this is our final determination, but do absolutely de- cline to testify before the Board of 5 c ‘ities In refer- ence to the aifairs of St. John’s Guild until be need so to do by our trastes t their meeting on Saturday night. ‘hivd—But wo have another and what we believe in the eyes of all fair minded people is » justifiable rea for op- nexamination of St Jobu's Guild by the commit. iD Be. ‘ana particularly one of them of the State Board of Charities, beiore which this examination Is proposed io be held. Mr. Theodore Roosevelt has tor years been an open and xvowed oppouent of St. John’s Guild, although he has admitted that he never investi i ‘though requested so to do more three ars since by the Master. Io hus manifested his Hostility to ft, as un abundantly be of inaispatable ve:acity, by denouncing in public, and by seeking to influence persons against it in private, Willing ax we are, individually, for the most minute exnmination of our connection with St. John's Guild, and positive as we are that_ no olficer of St. John’s Guild will lors moment. shrink from such investigation when bud before # iair tribunal, we believe that tho com- munity at large will not require an institution having under its care duriug the last winter 33,000 poor people, and governed by # class of people who have the conudence of the people, to submit its good name, unless the law directly requires it'so to do, to the tender mercies of a committee, one of the members of whieh wo have right to believe bas predetermined his xc Should this committee of the State Boars of Chariti to uppoint an- other occasion after ba y Appeur be- tore it, we will then cetinitely define our intentions; bus at the prevent time must decline to recognize its authority to demaud our attendance. ALVAH Bl, WISWALL, WILLIAM I. WILEY. Atter the reading of the above Mr. Roosevelt satd:— We understand you, then, to refuse to testify betoro this Board? Mr. Townsend—Yes, until after our meoting on Sat- urday. Mr. Roosevelt—1 deem it due to myself to state that the charges tn the statement of Mr. W iswall concern- ing my being antagonistic to the Gaild are wholly uo- true. I have no hostile feeling toward the Guild what- ever, and would be pleaged to know there were no foundations for ap examination, Mr. Townsend—Will the Board hold this examiantion in public ana allow <ounsel to cross-exuinine the wit- nesses? Mr, Hoguet—Tho examination will be open, but no counsel will be allowed on either Bide. Tho counsel then formally denied the authority of the Board to continae the examination, Tho Board adjourned until Monday next, The following ts a copy of Mr, Theodore Roosevelt's letter to Mr. Wiswall:— New Yorn, March 2, 1877, Rev. Avan Wiswatt, Master St. John'sGaild :— Sik—An objections were arged by your lawyer to my act- ing on the Cominite was to investigate St. John’s Guil had alreaay formed t on the ground ‘that 1 n opinion adverse to it, I have decided tees of the Guild to inform me if they If « majority of them pass a resoin- Hon at their meeting to-morrew night to this effect, and consent to cive freely every facility to the other members of the State Board to carry out thoir object 1 will nos sit with the committee during this investigation. [ do this hot beewuse L doubt my ability to give an impartial decision, ax I have no personal jecling in the matter, but to test the enrnest desire on the part of the trustees to have a thorough Jnvestigation which members of the State Board, who can th, are peculiarly in & position leave it to the t are in your feeling. examine witnesses under 0 to make, Yours respecttull THEODORE ROOSEVELT, Commissioner State Board of Charities, hee 4 COMMERCIAL MEMORIALS, THE PRODUCR EXCHANGE REVIEWS THE NA- TIONAL BOARD OF TRADE PROPUSITION, Ata meeting of the managers of the Produce Ex- change yesterday the Committee on Trade reported the unanimous adoption of the following, aud to request Congress for specdy legislation on the proposed sub- jects:— To tix Boarn or MaxaGens oF tax New Your Propuce Bx port as follows Meiorisl No, 1 relates to bills of Inding and railroad re~ pts. This subject has alrendy engaved the attention ot the Bonrd of Managers in connection with n State Jaw and as the memorial looks toward action by the general govern. ment in the same direction, your committee recommend its approval by the Board. ). 2 relates to light dues imposed by Great Britain on the shipping of the United States. ‘This memorial is strongly recommended by t Memorial No.3 relates to the app ers to prepare & reciprocal treaty with © wet ix deen tance to th as ded approval of such a meaxnre, often 0x, iments in ibject to Ul of Con grees.) tari on imports and suggests the tnlssion by Congress to consider the subject, 1s approved by the committee. Memorial N the ertablishment of a department of commerce by the general government, snd is not recommended by the comniittee on the gronnd that such # measure would entall considerable expense on the govern without bringing corresponding benelits to th ‘No, 6 relates to the omumitter says that Lof the Boarl was polutment of a com- ‘he memorial 5 relates to ray his unquali- , Partiouiarly thas portion which sig of commissio To consider the whole subject with a view to its simplitien. fon and economy, in working, On the communica tion from. the Cincinnati Bard of ‘Trade recom: mending the repeal of the Bankrupt net, which is in opposition to the memorinl cf the National Hoar of Trade on the same subject the committee make no recommendations, The subject of the communication the Portland Bonrd of Trade on reciprocal trade with C nda, and the proposed law relating to immigration, have dthe atte the ¢ A. Huifeng) and no t with the meres and tra¢ ks taxation, with a vidw to provent, £9 fur ns possible, eral reduction of bank capital which is threatened should the burdens of taxation be continued. Several other mat. ters were touched upon by this committee, but no recom: mendations made. The report is soard of Charities, which | chairman; William H. Swan, William M. Gray, Henry H. Rogersand James L, Flint, on Trade, Produce Exchange. A NEW PRODUCE EXCHANGE. REPORT OF THE SPECIAL COMMITTEE ON THE SUBJECT—LOCATION AND ESTIMATES—A VOTE TO BE TAKEN ON FRIDAY. Grain and other dealers transacting business on the Produce Exchange have long since found that the ace commodations in the building on Pearl streot were by no means sufficient, and ats meeting of the Board of Mauagers yesterday the report of the special commit- tee to whom tho subject of buildinga new Exchango was referred was given. It states that the present quarters are ontirely too limited, the ventilation the worst known, which alone ought to induce members, as they valoo their lives and health, to favor the erec- tion of a new and better constructed building, free from the radical and vital defects that are inherent in the present structure, The advantages a new building offers, according to the report, are:—l. Ample accommodation for all classes of business on the same floor, 2 A good hall for general meetings of the Exchange, suitable rooms for the Board of Managers, for our Arbitration Court,’ and for tho general trade committees; a commodious reading room, with a well appointed commercial library, and ante-rooms tor tho recoption of visitors, for conducting correspondence, and for making ap- pointments during and aiter 'Change hours, 3. The assurance for all these departments of abundant light, good air, and the best appliances for heating and ven- Ulation that skill and science can farnisn. 4. All the arrangemonts that experience can suggest for render- ing the Produce Exchange the commercial centre of the metropolis, ang so of the whole country. Aplot of ground covering so much space as would be required for our purposes, say the committee, would enable us, besides providing umply for our own wants, to arrange for having, under one roof, banks, insurance companies, exchange offices, shipbrokers, expresses, railroad and freight agencies, post office facilities, Warehousemen, lightermen, elevator pro- prietors, a safe deposit company, and whatever cise 1s needed for conducting and expediting business. The ronts arising froin these would go tar toward paying the interest on the investment. The new building shoul be erected In the neighbor- hood of Wall street, and the expenses proposed to be incurred are estimated by the committce as follows:— For site, $500,000; to erect building, $500,000; total, $1,000,000. ‘Vo pay for samo, surplus on hand, includ: ing present Exchange, $500,000; issue bonds, to run ten years, at six per cent interest, $500,000 The dis- buréements and income on basis of presont member- ship aro thus est!mated:—Expenses of carrying on present Exchange, $60,000; less taxes, insurance and Tent, $8,000; totul, $42,0U0, Kxpenses in new build- ing, 6ay $60,000; add for tnxes aud insurance, $20,000; inter: on bonds, $30,000; total, $110,000, Income, 2,500 members, at $50 each, $125,000; rent of offices, $80,000; rent trom stands, &c., $10,000; total, $165,000. To credit of sinking fund, $53, Credit at end of fret five years, $275,000; add for sv. ing of interest, $16,500; total, $291,400. Credit next five years trom rent at $40,000 a year, $200,000; in- come from members, stands and saving of Interest at $28,000 net, $140,000; total, $340,000; grand total, 631,500, At end’ of ten years, bonds all redeemed and balance in treasury, $131,500, ‘The committee conclude as follows That these estimates are not far out of the way may be seen from the fact that within five yeurs our own member- ship tan annual average cost of less than 70 (in- cluding ‘entrance tee and assessments), purchased and al- tered this building at an aggregate axpense of $300,000, maintained the institution in a proper manner, and accn: mulated a surplus, exclusive of interest aud appreciation of 9 76, or Inciuding these, of at least $100,000 at this has not been done at the expense of ‘of membership, is shown from the circum- rtifleates are worth to-day fully twenty per excluding Interest. Signed—E, R. LIVERMORE, A. SAWY, FLOYD, JOHN D, MALRS, GUSTAV SCHWAB. In accordance with this report the following resolu- tion bas been adopted by the Bourd of Managers and posted on the bulletin bourg:— Resolved, That the question of taking monsures to erect n new Exchange building be submitted to u vote by ba lot of the members of the New York Produce Exchange on tho 28d day of March, 1877, as tollows:—The Board of Managers of the Produce Exchange shall be authorized and empow- ered to tuko such monsures, at their discretion, as they may deom best, to secure «proper sito and ereet thereon a suit- ble building having conveniences aud uccommodation ‘ate to the increased needs of the Exchange. For this 0 they are further empowered to dispose of the prem- ww occupied by the xchange, to appropriate the sur. funds, and to issue bonds to ah amount not to exceed stance that cent more than their averayo cos ,000, Resolved, That in uccordance with section 22 of the by- laws, twenty days’ notice of such vote be given. Signed by the Bord of Managers. ‘A voto by ballot will be taken on Friday, March 23, 1877, at which the above question will submitted. Tho polls will be open from cloven A. Mf. until three MORE SMUGGLING, Acting under strict orders from the Treasury De- partment to break up the extensive smuggling of cigars trom Cuba by employés on the Havana steam- sbips Collector Arthur has instructed the iospectors of customs to use the greatest vigilance in searching these vessels on their arrival. On Thursday the steamer Columbia reached this city from Havana, and, as 800 jhe was made fast to her dock, Laspectors McCord and Hagan seized 4,000 choice cigars, Yester- day they returnea to tho search, and, om over. hauling the vessel, uncarthed 6,000 more cigars, The theory advanced by the Hxnaup a few days ago that certain manufacturers at Havana send these goods here on commission is adhered to by oflicers of the government, but if many more heavy seizures are made the venture will bo so costly that it must fail as & profitable investment, THE CLUBBING POLICEMA Officer Sullivan, of the Fourtecnth precinct, whose clubbing propensities were described in detail in yes- terday’s HxraLp, appeared at the Tombs Police Court Yesterday and gavo bail in $500 for bis appearance at General Sessions on the charge against him of assault and battery. After tho termination of the case before ajury he will be placed on trial before the Board of Police Commissioners, His friends on the police are in the meantime making every effort to smooth the path of their comrade, and eulogies on his fidelity ag patrolman can be hoard in every station house, OUR COMPLAINT BOOK. BLOCKING THE SIDEWALKS WITH DRY GooDs, New Yorx, March 1, 1877. To tae Epitor or THe Hrrap:— How is it that the retail dry goods stores on Eighth avenue are aliowed to put half their stock on tho sidewalk, thereby causing great inconvenience to the travelling public and also to the stores on each sido of them? eve there ts a law concerning the show- ing of gooda on the sidewalk. ut what is the good ot law in this city? Money gets the best of it EIGHTH AVENUE RETAILER, TEACHERS AND FIREMEN, New Yorx, Margh 1, 1877, To tne Eprtor ov THR Heranp:— By an article iu the Heratp of yesterday you make & comparaison between the salaries received by the Indy teachers in our public sthools with tho salaries reecived by the Fire and Police departments. Consid- ering the duty that each branch has to perform, I don’t see where the comparison comes in. For instance, la- dics teaching in our public schools aitend trom nine o'clock A, M. to three u’clock I’. M., for five days per week, with about two month’s vacation in each year, while firemen are oa duty twenty-four hours per day, with the exception of one hour for cach mou absent from their posts on that mission are held sub. ject 1oduty. Now, 1 don’t propose going into lengthy detatls on this subject, but I think that the author of that article to which 1 allude must b2 biased in favor of the lady teachers when be could not see the incqn- sistency of the comparison, A FIREMAN, RUDINESS TO LADIES ON FERKYDOATS. Brooxtyy, E. D., March 1, 1877, To THe Eviror ov Tat Henan There are no words, in polite use, suMciently strong to characterize the conduct of a majority of the men on our ferryboats At the opening of the gates ono would think there was a panic, and men were flying for thoirlives, Ladies and children are unceremo- niously pushed aside by a seemingly demoralized mob making frantic efforts to get on board a boat which all know Will be fast to the bridge for at Jeast five min- utes, A stranger asks fora reason, He 1s answered upon entering the Jadiee’ cabin, Two-thirds of the Beats ure occupied by the men, Indies, old and young, are compelled to stand in a cabm set apart for thetr own uso exciusively. Atsix DP. eM. yesterday a very small woman with a very large baby preceded tho writer slowly through the cabins of aGrand street forryboat. The men, a8 above, occupied two-thirds of the seats. She looked heipicssly trom side to side, but no ono arose, and she waiked outside to stand tor sixteen minutes in tho chilly air, She might havo re- maived inthe cabin. True, Bat it is possible she is afflicted with sea sickness, asthe writer is, when standing In the cabin, Wiin many other ladies I pro. lost against this barbarous custom, To add to the ot- fensivencss of this unpardonable outrage the gentie- men’s cabin is comparatively empty. The ferry com- panies should again put uptno placards of years ago, giving Holice that *Genticmen are not permitted to ocoupy seats in this cabin while Indies stand.” AB UNO DISCE OMNES, * DANGBROUS SIDEWALKS, Maren 2, 1877, To tHe Eprror oy tHe Herap:— Wil! you please spare me a few lines in your ‘*Com- plaint Book?’ Itseoms almost impossible that tho police authorities should overlook such serious matters as are happening every day, At No. 1,235 Broadway you will tnd the sidewalk five incbes higher than at any other house in theplock. I havo stumbled over 1 and received a severd wound on my head, being con. fined to bed. You will find that nino persons out of ned by Messrs, Charles RB, Hickox, | tou fall at this spot while crossing. A SUFFERER, . and while | IRREGULAR LIFE INSURANCE, The Continental’s Aflairs Examined by Referee Butler. NORTH AMERICA’S TROUBLES. Charles H. Winficld to Examine the Guardian Mutual Life's Books, The case of Ethelbert Belknap vs, The North America, Guardian, and Universal. Lifo Insurance companies will come up today before the Supreme Court of Kings county. ‘Two orders are returnable—ono tssued by Judge Dykman appointing William H. Leonard referee, and asking for a receiver; and tho other issued by Judge Donohue to restrain the referce from procced- ing. Yesterday, Jobn L. Hill, attorney for the plain. tif, obtained an order from Judge Dykman for the purpose of obtaining certain proofs te be used to-day, The caso is a most important one, and 1s understood to concern very nearly others than those who are made dee fondants in the action, 2 That much vexed question of the New Jersey Mu. tuai’s assets and the two absent presidents, Benjamin Noyes and J, H. Steawell, itis rumored, will soon be brought to an issue. At least, one of the officers named is now in Washington, whither Judge Fullerton has also gone, with a view of hastoning the matter to an end, itis sald, and giving tho assets over to Receiver Parker, The reference before William Allen Butler in the Continental matters was continued yesterday after- noon at No, 22 Nassau etrect, The hearing of evidence is being prolonged turthor than was expected, but will doubtless be concluded néxt week. TESTIMONY BEFORE REFEREE BUTLE! Joseph T. Sanger, a former director of the company, was examined by Mr. Moses with regard to cortain transactions of the Finance Committee, of which be ‘was a member, as well as the Cldims Committce, He testified that he bad no knowledge of Continental Annuities, Dor of such being paid to the ofloers of the company 1n addition to their salaries; he hold twenty- five shares of the stock, and in the years 1874 and 1875 received about twelve per cent dividends; received the regular dividends of scyen per cont from the com- pany, but the balance was paid him by the private attornoy of Luther W. Frost; he neverreceived any explanation from Mr, Frost as to why he thus paid the extra dividends; supposed ft was his particular mode and was all right, The minutes of a meeting of the directors held in Fobruary, 1873, was read to witness, wherein a state- ment of the affairspf the company upon Decembor 31, 1872, was rendered. Witness testified thatas a meme ber of the Finance Committee ho made no investigae tion before the preparation ot that report of the securl- ties held by the company; made no examinations at all that would actually convince him that the state- ment was true or not. Theso annual statements were prepared by Secretary Rogers. Witness was shown a statement of the company’s condition at the ond of 1871. Ho testified that somo examination was made of the United States bonds; tne mortgages were counted and he thought veriiiéd by some members of tne Finance Committee. ‘The original cost of the Continental Building, on Nassau street, eed by the addition of another story and various expenses; did not think that at any ume sinco the panic of 1873 the building has been worth $825,000, i mated in the annual statements; on the debit side of the unnual statement uf December, 1871, tho only pean se witness knew anything avout was the capital stock, Witness was questioned at length with regard to the toan account, with a view to ascertaining what caro nad been exercised in making loans, but he knew little ofthe matter, Ho testilicd (hat asa member of the Finance and Claims Committee he received $10 for at- tendance at cach sitting; beside his dividends these were the only moneys ho evor received trom the com- pany. A WISH DIRECTOR. W. R. Bogart testitied that ho was director of the Continental for six years; resigned m 1876 because of sorne information no had’ received that prompted such course; he sold his stock to L. W. Frost, and money ‘was paid to him therelor in November last; ho received $200 Jor his stock, same as cost price; had no recent communications with Frost; was a member of the Claims Committee; never made any examinations of the aunual statements made to the department. Wit ness Was closely questioned reguruing the purchase the stock of tho Empire alutual, but he possossed little or no information. He received a dividend on bia stock of seven por cent, and for threo or four years an extra dividend of five per*cent; received no annuitios, nor knew vf any allowances made to the oilicors in ad- dition to salary. Minott Mitchell testified with regard to having ao- quired certuin property recently from Luther W. Frost or J. P, Rogers; sucn property co ed of throe pleces of reul estate and some sures of the Yonkers Gaslight Company’s stock; placed several loans with the company; never divided any protits of such irans- actions with Frost or Rogors; had heard trom R. C. Frost, withia ten days, from Boston. So far as wit- nese Knew neither of the Frosts were at present in this State; heard Mrs. L. W. Frost say yesterday morning that she did not know where her busband was, ‘The reference wil! be resumed on Tuesday next. THE GUARDIAN MUTUAL LIFE, Yosterday Judge Dykinan appointed Charles H. Wit field a roferee to examine into tho books and pape of the Guardian Mutual Lise Insurance Company. The Court also granted an order to show cause why a tem- porary receiver should not be appointed, which order 18 mude returnable this morning, ‘The plainufft in tho sult is H, C, Tremaine, and the defendants are the Guardian Mutual, the North America, t Universal, Henry J. Furber, George L. Montague, jeorge 1. Hope and others. The complaint alleges that (rom the time of its organization, 1n 1859, up te 1874, tue Guardian vigorous and prosperous, but that the Universal, Farber aud others entered into a corrupt and fraudulent agreement among themselves 1o obtain possession ol the Guardian, to divert ita Property for their own bovetit and to wind up the Guardian, Through unjast and corrupt influence and practices on the officers of the Guardian they ob- tained control of its Board of General Management, It alleges that they induced the directors of the Guardian to approve faiscly called contracts of rein- surance, by which the Universal, in form, stipulated to reinsure the Guardian’s risks 10 the extent of eighty per cont, in consideration of the recoipts of its good assets and of its reserve, which they did receive to the extent of $2,425,000; the Universal thereupon in jorm reinsuring the remaining risks of tho Guardian to the oxtent of twenty per cent, the consideration being the assets and reserve of the Guardian, $607,256 of the reserve being transierred. Part of the scheme, 11 is alleged, was to bring personal profit to Furber others ‘through the forfeiture of policies, which to be effected by causing such representations to mado us would induce policy boldors te 1b was useless to pay any more pre allow their policies to go by default, itis get forth that extravagant salaries were paid, and that Furber traudulentiy appropriated part of tho reserve, and levied u commission vf ten or fif- teen per cent on ail policies he procured to be lapsed or forivited, and twenty or thirty per cont of the re- serve of other classes, disposing of the moncy among his associatesas he considered their skill, diligence and energy in aiding the conspiracy deserved. Officers of the Universal were, it is averred, put in the Board of Directors of the Guardian, and through this be think miums and | collusion the policy holders were swindled, the Guardian stripped of its property, outstand- ing risks impaired, and the — ‘stockholders and policy holders of tho Universal enjoy the benetits of the money invested in the Guardian to the extent of $4,500,000. The Guardian bas been Insolvent for more than a year and cannot be restored, The plain. Uff ueks tbat the companies defendant be visiiea and examined ; that Furver and otber oflicers in both com- panies be suspended, and, it found guilty, removed; that the contracts of insurance be declared nail and void; that the Guardian und its creditors bave their money and property returned; that compensation for the injury be allowed; that if tho Guardian be found hopelessiy insolvent a receiver bo appointed; that a temporary receiver take charge of the Guardian's prop erty, aod that such other reltef be granted as appears meet, NORTH AMERICA’S REFEREE, Yosterday Judge Vykman granted an order, on ap- plication of counsel tor Ktheibert Belknap, appoint- ing Olia J, Clausen referee, to take tho aflluavit of George J. Montague, Secretary of the North America Lite Insurauce Company, in the following particu- Jars:—In relation tu the value of the real estate of the North America Company und the company’s equity of redemption therein; in regard to the value of its assets; in regard to the existence, quantity and jocality of its assots; in regard to the truth. fulness of thé annual report of said companies respece tively; im rogard to the circumstances uader which ft obtained its real estate and mortgages; in respect of the circumstances of purchase of policies, lapses of polices, or surrender of policies of gad two compa nies and their tssuing of new policies in the Universal Company ; in regard to the compensation of its officer: and especiaily if they or any of them have receiv any compensation, bonus or reward, trom any source, for any cause or pretext in connection with said com- panies or cither of them, and the existence of any writings or understandings upon that subject; in re- gard to the names of the present officers and directors of said companies and each of them; in regard to getferal conduct of the business of said companies, A FIRE INSURANCE SUIT. Juage Dykman, in tho Supreme Court; of Kings county, granted a writ of attachment yosterday, on the application of William Rockafellow, on the property of {be Amazon Fire Insurance Company. The plainyf, [CONTINUED ON NINTH. PAGES