The New York Herald Newspaper, March 16, 1877, Page 8

* 3 : THE COURTS How the Growth of the City Brought Wealth to the Herriots. FATHER SUING SON. Fighting for the Smaller Pickings of the New Court House Job, PENALTY OF TALKING TOO MUCH. Many years ago, before our city began extending its suburbs into Westchester county, Mr. George Herriot was the owner of a farm bordering upon the Hudson and afterward embraced within the area of the present town of Yonkers, Immigration from this city and se- lection of this locality for suburban villas gave to the property great value. Mr. Herriot lived to become an petogenarian, When, as he alleges, one of bis sons, Jonu Grosbon Herriot, and his own brother, Warren Herriot, told him that there was a conspiracy among ais other children to obtain possession of is property, {t was represented, as he says, to him that the provext io bo put forward was that on account of his ad- vanced years ho had become imbecile and was no longer fit to be trusted with tho management of his large estate, Od as he was, this made the blood tingle through his veins at a somewhat wrath{al ebb, and he determined at once to revoke a will he bad made dividing his property equally among his children, of whom there were five, aud disinherit the conspirators, ‘This will, by the way, he had made gome two years betore, owing to the urgent entreatics of his wile, who was then living. Atthe time, how- ever, when this alleged conspiracy was brought to his knowledge, which was in the early part of 1875, his wife was dead, and consequently he lost the benetit of her advice, which all through is lite he concedes had been of very great service to him, Meantime, as be deciares turther in bis complaint, bis brother Warren, who was President of the New York Produce Exchange and Empire Fire Insurance companies, and his own son, Joun Grozhou, worked upon bis feelings to such an extent that ‘he gave to the former his will and to tho latter bonds and mortgages to the value ol $100,000 and a powor of attorney to take general charge of his estate, Not satisfied with tbis uct of liberality to bis son, whom he at the lime, as he says, supposed was the only one of lis children who reimained faithful to him, he drew up a second will, revoking the previous yne, and in this second one made this son bis principal legatee. At length he discovered, as he claims, that he bad been grossly deceived in ‘the whole matter, and thereupon fevoked the power of attorney given ‘to bis son, and demanded o! his brother the return of bis lirst will, meantime destroying the second one, and wound up by insisting tbat bis son should ‘return to bi the bonds and mortgages retcrred to above, The feturn of these bonds and mortgages was refused, and thereupon a suit was brought by Mr, Herriot against his son for their recovery. The answer to the foregoing certainly very unusual complaint is equally singalar, The son denies iho accusation of the practice of fraud on his part, and says (hat the bonds and mortgages were given to bim the better to equalize his financial condition with that of the other children, Ho says that his brother War- ren married a rich wife, and on her death imherited $100,000; that one sister had married a wealthy hus- bund; that another was without prospects of marriag and ‘therefore was in no great need of money, and that his other brother bad been long regarded aod father likely to got he was married 1 had two children, had pot been successful in his ‘olession and was greatly in necd of money, which his lather knew, to give bi a good start. Tho case came to trial yesterday before Judge Van Brunt, holding | Supreme Court, Special Term. Meantime, since the commencement of Ube suit, the piainutl bas died and the suit 1s uow being prosecuted by bis administrators. Mr. John 5. Lawrence appears tor the planuin aad Mr. A. J. Vanderpoel for the defendant Nearly ail tho | members of the family were present, and altogether a more singular family quarrel bas rarely been developed inthe courts, The tal promises to oceupy several days. THE NEW COUNTY COURT HOUS Mrs. Haunah Kellum, executrix of the late John Kellum, the architect, brought a suit some time ago against the city to recover three per cent commission upon the cost of the new Court House, of which Mr. | by his as unthritty rid of property if he bad it, wh a Kellum was the architect. Lt is alleged that a special | agreement was made between Mr, Kellum and the | Board of Supervisors by which, in consideration of his services as such architect, be was to be paid the percentage named, the payments to be made monthly as the work progressed, the total amount of the claim being $280,000. The complaint alleges that the cost of the Court House was computed at over $8,000,000, but a willingness was expressed on the part of the plainuf!—if this was more®than should have been paid—to accept @ corresponding reduction, It was pleaded in the answer by way oi counterclaim, that, by the negligence and unskillulness of Mr. Kellum the city suffered damages to an amount greatly exceeding the plaintif’s demand, At the fal of the case before Fudge Barrett the city introduced evidence that the honest cost of the Court House was not over $2,600,000, It was also proven that there was paid to Mr, Kellum $84,502 15. the city. An appeal was taken from this verdict to the Supreme Court, General Term, where the case came up jor argument yesterday, Mr. Joun E, Parsons ap- pearing for Mrs, Kellum and Corporation Counsel Whit- ney forthe city. [twas insisted jor the pluintin’ that she 16 entitled at the least to $26,169 80, this being the amount of the Jast bill audived by the Board of super- visors; (hat such audit 15 binding; Lhat there was no evidence at the trial ot any negligence on the part of except that there might have been a saving rders und dome aud root supports; that the use of such girders aud supports was by di- rection of the Board of Supervisors, that Judge | Barrett erred in permitting the jury vo override tis action of the Buard of Supervisors, apd that all tho facts justilied a new trial, in opposition it was cou- tended that upon the particular claim which was the subject of the audit the County Treasurer must pay to the claimant the amount actually ailowed; | iuat-im cases where the Bourd pes jurisdiction no matter of defence with reference to any audited claim which was at the time of the event actually raised and determined can aiterward be urged as 10 that particular payment; that principle or latent or possible defence 18 1 any way affected by such au- dit, so far as any subsequent claim 18 concerned; and thit.the audit of the Supervisors was no bar to tle de- fence or cuunter claim jor negligence. Frow the com- mencement of the suit and through the long and tedi- ous ligation, Mr. Hiram Kelium, the only surviving son of Mr. Kellum, has anited Lis labors with those of his counsel in vigorously prosecuting this, and that ne contends 1s a most just aud righteous claim. At the close of the argument the Court took the papers, re- serving its decision. A FAITHVUL EXECUTOR. Messrs. Scudder & Carter made application to the Burrogate yesterday upon an order to show cause why Mr. Samuel J, Skidmore should not be relteved trom his | duties as executor of the will of the late John KR. Towns | send, and in consequencé of his feeble bealth and in- creasing years, another trustee bo appointed in nis pluce. Mr. Jchn D, Townsend, a son of the testator, appeared on bis own bebalf and on bebalf of his family. After stating that He recognized the propriety of the application upon the part of Mr. Skidmore im consequence of his increased age, Mr. Townsend ad- dressed the Surrogate as follows :—"'It is often imposed upon us among our duties to express sorrow when death has struck a shining mark among us, aud not scldom, 1 am sorry to say, are wo called to grieve over lost reputation as well as | falien fortune; but too seldom is the picasure | offorded to us Of pointing out instances like this of moral worth and disinterested trieudship. Law sure, gir, that the few moments which | sali occupy of your time will not be lostto us More than thirty yours | ago Mr. Skidmore epted at the hands of my dying fauber the trust whicn he is to-day pr ng to resi, The estate was comparatively a lurge one for those days and the duties involved correspondingly onerous, Yet from that day to this, be bas without one cent of remuneration, abd with a fidelity to the memory ot his old friend and fuithiuluess to his widow and children unsurpassed continued to exercise bis trast until now. He jeaves it ine d in value and bears | with him in his latter days tbe affectionate regards of | those to whom he has been thus devoted. May his remaining days be unbiighted by care, and the remem. brance of thesy good deeds brighten his passage to the other world, Sir, I could not reirain at this timo irom paying this tribute to his worth, It is the wish of tue family that Mr. Skidmore’s secounts be ac cepted without imvestigavion.”” At the close of Mr. Yownsend’s remarks the Surrogate complimented him, and stated that there was great propriety in calling the atwention of the Court aud pavlic to an instance like thia, ‘That it was a bright spot im tue bistory of his court, where #0 many bad proved false | to their trasts, when a case Wa puriies interested IM & (ust express Migbly gratified with ite manazement, Ho then ar rected that ip accordance with the wishes of the family, Mr. Skidmore’s accounts be passed without examination, and that the United Staves Trust Com pany bo appointed trustee, A NOVEL MARRIAGH QUESTION. ‘Tho result of the trial was a verdict for | | children, died in. this clty December 19, 1876, and that she diod possessed of personal property to an amount not ex- ceeding $1,300, and that she leit no surviving next of kin, The Public Administrat@ claimed the estate, denying that, the petitioner was the nusbaad of tho intestate, and that, having Jeft no next of kin, he was entitled to apply tor letters of administration to the estate, The matter wus submitied to a referee, From the testimony taken it appeared that tho petitioner did * not claim that he was ceremonially married to the de- cedent, but that eight days after the death of her hus- band, she having boen previously married, they com- menced to live together, and continued so live as man and wile, she calling the petitioner her husband and he always recognizing her as his wile, The udminis- {rawr contended that during her cohabitation with the petitioner she declared that she was nol married and that she never would marry again; that sborily vetore her th she depusited money in the savings bak im the bame of Meyer, and that the petitioner humselt admitted since the death of vhe intestate that he Was not inurried to her and that either could have married without violation of law. The Surrogate bolus that there 18 consideravie evidence that the parties cohabited together ax man and Wile and that they culled euch other such and eld out generally that such was the relationsuip between them, The point rawed by the Public Administrator 1s a statement of the deceased that she Was not married to the petitioner, which, no doubt, a8 the deceased states, referred to a forinai core~ moni marriage aud migat be entirely con: with an agreement to live as man, and wile, and the ouly reliable evidence that she did not regard their relation, or any vgree- ment between them us creuting the marriage, 18 to be tound in the use of her maiden name tor the purpose of depositing money in the savings Dauk; and yet that was obviously untrue irom the evidence, tor she was a widow aud legitimately bore the name of her first hus- band, if it hud wot been chavged vy the rewhon between the petitioner and herself, The Surrogate presented various questions bearing upon probable resulis trom the relattonsu:p of the partics, and closed his opimon as toliows:—“L think it @ very serious question whether good morals would be beter pro- moted by sanctioning the cohubitaion of the parties ih question, and attuching to it the babilities of tho marital reiatious, thun by Lolding that such relation. ship Was meritricious aud creating no marital obig ion. Acvoruing Lo the law of te State, under these circumstances the petitioner 18 entitled to letters of administration upon the estate of the deceased 4s her husband,” SULTS AGAINST THE CITY. Two suits aguinst the city were tried yesterday be- fore Judge Wesibrook, in Supreme Court, Circuit. In the first case it appears that when laud was taken several years ago forthe new reservoir some lots of Willian D, Murphy were included and an award of 2,650 made for the samo, Subsequently the samo lows were included in the Central Park, and having been already condemned and taken under the Re- servolr uct no new award was made for them. Not satisfied with the amount awarded, he brought sult to recover the lots and $10,000 damages, proceeding on the theory that the lots bad been taken under the Cen- tral Park act without compensation, Upon the com- mencewent of the action the defendants offered to allow judgment for $2,651, the amount of the award, Plaintiff declined the offer, and the complaint was dis- missed unless the plaintiff decide within five days to accept the offer which was renewed in open Court, Mr. D. J. Newland appeared for the plaintiff and D, J. Doan for the city. The next suit was one brought by E. D. Brown against the city, &c, The piaintif’ sued as assig- neo ot Michael Garvin to recover $37,000 for work, labor und services in repairing sewers, &c. ‘The case was tried upon a pure point of law— viz, that there was no uuthority for making the con- tract under which the work was done, for the reason that some of the items exceeded $1,000, the contract not having been let after advertisement und public let- ting. 1t was contended on the part of the plamnuff that the act of 1871, under which the work was done, gave the Commissioner of Public Works discretion tohave the work done ju any manner he saw fit. On the part of the city 1twas claimed that whatever power wa: given to the Commissioner by the act of 1871 restricted by section 91 of the charter of 1873, which provides that all contracts for work or supplies shail be let under the existing reguiauions as Ww advertiso- ments aud seaied bids, Mr. Jobn H. Strahan and T. J. McKee appeared for the plaintiff aud A, J. Requier tor the city. DAMAGES FOR SLANDER. Judge Donohue was busily engaged yesterday in tho trial of a suit for slander brought by Thomas H. Tuni- son against William A. Camp, Tunison wasat one timea clerk in the grocery store of Camp, but was discharged. Not discouraged by this little mishap, but putting | his shoulders to the wheel, the plaintiff soon succeeded in obtaining employment at Park & Tilford’s, The like fato soon overtook him at his now place, and he was again thrown outin the cold, Not yet entirely subdued be was soon after employed by William H. Jackson and others, but again met with the same tmistortune, He says that he was discharged from is respective positions on account of Mr Camp going around and telling bis employers that he had robbed him, and hence the present suit, The defence was that the piaintifl’s employers came to Mr. Camp and inquired ag to his previous character; that the latter felt vound to tell them bis honest suspicions, but that it was untrue that he bad retailed the story unsolicited, ana, moreover, that these were privileged communications. Judge Donohue replied that the communications 10 Mr. Park and Mr. Jackson were priviléged, but per- mitied the case to go to the jury ou the supposed statements to outside parties. Alter an absence of about two hours the jury returned with a verdict of $1,000 for the plainvifi, A BAD INVESTMENT, Maria Ranfbaud died in this city in 1872, leaving three children, Her estate consisted of a note of $5,000 sho loaned to Vanderlip & Taylor before her death, John H. Taylor, of the firm of Van- derlip & Taylor, qualifled as executor, paying the | board of the children for some two years, The firm holding tho note became bankrupt and the note went into their schedule aga debt. The children first heard of the bankruptcy from the papers. The elder of them went to Taylor and asked him about the note, which he iniormed them was outside of the assign- ment and if anything happened Vanderiip would be responsibie lor the amount. He contributet something to their support, but ceased, and they demanded an accounting. Taylor then contended Uiat the firm was insolvent before the widow died, and that he had never acted as executor. The Court, on the presentation of the whole case, says that, as the firm 18 insolvent and possessed of no asvots, and as Taylor gave no security, he cun apply no remedy in the matter, but that as Taylor qualified as executor he is liable to such action in the other courts as the beirs may be advised to in- stitute against him Individually, SUMMARY OF LAW CASES. The trial of the suit of Benjamin Dietz against Jobn P. Farish, to compel the defendant to accept a deed of a cortain house in this city, was commenced yesterday before Judge Freedman, in Superior Court, Special Term. In tho petition of Paulina Sands, widow of David Sands, the druggist, for leave to expend $30,000 in im. proving property belonging to tho estate in West Eighteenth street, near Filth avenue, Mra Paulina Sands, Mr, Wilham L, Sands and Mr, A, V. Blake are the executrix and executors and trustees, and not Mr. Ferris, as erroncously stated in the Herat Rosetta Jackson has brought a suit for divorce against her husband, Washington Jackson, on the ground of alleged adultery, The complaint states that the parties | were married in April, 1847, and that they have ten The answer aenies the adultery, Judge Van Hoesen, in Special Term of tho Court of Common Plows, yesterday ordered a reference in the case. In the suit brought by Jennie E, Cutler against Thomas F. Butler, being a foreclosure suit, in which an inquest was taken and a default opened, Mr. A. Do Witt Baldwin was yesterday appointed by Judge Law- Fence a reieree to investigate the facts of Lhe case, Belore Judge Barrett there was tried yesterday a suit by Rufus McHarg against Jobn B. Stratton, the suit being fur commissions for exchanging ten houses and stores in Brooklyn for a tarm in Westchester county, and $900 being the amount of commissions to be due, A sealed verdict was ordered. mG, Choate was yesterday appointed by Judge Lawrence referee in the suit of Georgina Everett, ephine Cozzens, Louisa R, Eddy and Antomette Cozzens against Daniei Drew, John A. Bailey. aasignce in bankrujtey of Daniel Drew, Chauney K. Weeks and the Farmers’ Loan and Trast Company. Androw J. Melion, recently arrested in this city on [fraudulently oblaining money in Philadel phia, claims that the person arresting him, giving bis name as Olticer Calvert, 18 bot an ollicer, and thereiore had no power to arrest him, Judge Lawrence yester- uted awrit of habeas corpus ad testifcandum nt by the Hebrew Bonevoleat Or- ty for Vacauion of an assessmeit upon 18 property Was yesterday the subject of a lengthy argument in Supreme Court, Geveral Term. There was aiso argued beloro the aume tribunal the suit brought by the Central Railroad Company of New Jersey against John and Robert I. Grey, growing out of the purchase of the steamboat John Adams. In both cases the Court took the papers. The case ot Kaward W. Davis, Isaac B, Atwood and Monroe Crane against the Soctety for the Prevention of Cruelty to Auitnais was argued on appeal betore the G ‘al Term of the Court of Common Pleas yesterday, plaintifls are proprictors of a siaughver house, aod the suit 1 brougit to restrain the defendants from arresting their employés on the alleged ground that unnecessary avd erucl methods are used in killing Logs. After hearing the argument the Court took the papers. Some fifteen years ago the father of Caroline Otto died in this city, leaving an estate valued at $20,000. Asuit bas been’ brought by Mrs. Vito against her atherine Fuckner, for an accounting, Mrs. Fackner claimed that the plaintift owed ber, and vice referee decided in favor of the plaintit, phan Asylum Maria Renholm, alias Meyer, deceased, having died intestate, Andrew Renhoim files bis potition setting forth that be was the husband of tho docoased, who and ex-Jud ment + Ub a motion to have these costs deducted from the amount of the judgment there was quite a sharp discussion yesterday betore Judge Lawrence, in Sue © Thompson added the costs to the judg: Liye Court, Chambers, which ended in the Court tak- 3, Dg pay ‘ad u contest to the probate of the will of Whe Jole a Sears, counsel presen’ ol Jections to the trustees ees and executors of third party; that as the college could not pay annuities out of its own funds, it could not act as the trustees of & third party, and that, by the terms of the will, the trustees could not occupy the property themseives, and therolore they could not act as the agents of an- other party to rent the property devised. Counsel for 4 Pustees was heard in reply, when tho court touk papers, the cage of Todd vs, Delevip, tried before Judgo Sinnott, in the Marine Court, Part 3, the action was brought on a promissory note, to which the defence ‘was usury amt! contended that no usury bad deen proven by At and absolute evidence, as the law required, and that the it, as indorser, hav~ ing pat the note on the market, uring the plainwfl ‘Ubat 1b would be paid, was liable under the jaw and estopped from setting up the defence of ust ie 1 cision was reserved, Ex-Attorney General Chatfield b gree for plaintiff, and ex-Judge Curtis aud Horace . Andrews for the defendant. In tbe case of the United States against Messrs. Boyd & Hill there was yesterday an argument on the ad- mission of the books of Golsen & Eastman as eviden of trausactions between those purtics and Judge Blatchford udmitted tries to connect the defendants therewith, the prosecution to transactions between the parties with Meser ry only. The Court further ruled that a case of conspiracy had been mado out, but it r, .aained yet with the prosec”tion to prove the agency of the defendants with such conspiracy. DECIS1UNS. SUPREME COURT—CHAMDBETS, By Judge Lawrence, Hetnstreet vs. Hewey.—T'he counsel forthe plaintiff! appears to be right in bis coptention that toils accion is in the nature of an action for deceit, aud thut the summons ts properly therefore for reliet, In such au action reccvery cannot be had without proving the deceit or fragd. (Koss vs. Muther, 61 N. Y., 103; Do Graw vs, Elmore, 50.N. Y., 1.) The case of Graves vs. Hal 59 N, Y., 162, not aflect or overrule the cases above cited, and the decision in the last case seems to be based upon the peculiar phraseology of the compiaint, a Juir interpretation of which the Court thought distinguished tho case from Ross vs, Muther and Do Graw vs. Elmore. I cannot distinguish tne case from oss va, Muther, and the motion is denied with couts, Overhaiser vs. Burr.—This {8 reterred to Judge Lar- remore, with the request that he will report wheter the proposed findings suould be inserted in the case. Vedder vg, Vermiulye,—Tbe preponderance ol the evi- dence on this motion is with the plaintiff. The alle. gation of a conspiracy on the part of all the other members of the piuintifl’s family against hor daughter, the defendant, 6 not only mot, but in my opinion thoroughly overthrown; 80 us to the allegations relu- tive tothe imbecility of the plaintiff and as to ber inability to comprehend the uature of this action or to transact busivess. Motion denied, with costs, with leave to reuew if defendant is 89 advised, on further affidavits. Kittredge vs. Pryer.—These papers have been sub- mitted without any brief or statement to aid tue Court in disposing of the uppheation. The plainufl’s coun- sel will oblige me by presenting a statement fully set- tig forth the ground on which the application 1s made, Livingston vs. Curtis. —I think that this order must be vacated tor the reason that it 18 an attempt to ob- tain indirectly that which a justice of this court hus already denied on a motion dircetly made for that pur- pose, (See alo the opinion of Judge Robinson in Nonepman vs. Brown, in Daily Regisler of March 12.) Order vacated. Wallace vs. Cole.—The motion for a bill of particu- Jars ts denied. Getty vs, Devlin.—Motion demied, without costs. Memo7vandum, Fell vs. Fell.—Where in Germany does the dolend- ant reside? Union Cunsolidated Mining Company.—Explanation is required, i Germania Life Insurance Company vs, Kerwin aud others; Dailey vs. Work; Campbell vs, Anthony; Tap- pen vs. Russoll; Livingston vs. Korn (No. 5); Gillilaa vs. Mittnacht; fn the matter of Fackner,—Grantod, SUPREME COURT-—SPECIAL TERM. By Judge Van Brant, Draper vs. Chase Manufacturing Company.—Order settled and signed. Musback vs. Amend, &¢c.—Motion granted, COMMON PLEAS--CHAMBERS, By Judxe Larremore. Matter of the assignmeut of Schonck t Catter; M! ter of Spellman and Dahne va, Fitzputrick.—Momo- randum for counsel with cle The New York Lite Insurance Company vs. Har- grave, Nos. 6,6und 7, and R, Jackson vs. W. Juck- s0n.—Applicavions granted, Rinaldo va. Weil.—Application denied, Hilher vs. Conner.—Order granted. By Jhdge Van Hoesen, Philips ve, Hamilton. —Findings signed. Meserole vs. Blandy, and 1u the matter of the assign- ‘ment of Stratton to Kiersted,—Applications granted, MARINE COURT+—-CHAMBELS. By Judge McAdam, Loeb va, Levy.—The plaintifl did not receive his title through the judgment debtor, and the creditor 18 not in @ position to attack the bond fides of his title, Motion for new trial denied. Arkell va. Peters.—Order settled and fled. Freund vs. Metagar.—Motion to vacate arrest denied, but bail roduced to $450. Sanborn vs. Ackerman.—William G, Peckham, Es appointed receiver. White vs. Blake; Regensberger vs. Deitrich.—Mo- tions denied. ‘vhe Costa Company va. Ruhl.—Motion for judgment Branted, Frank vs. Frank. —Costs taxed at $121 63, Popken vs. Dean.—Complaint dismissed condition- ally. Dinkelspeil vs. Hamburger; Lane vs, Filkins, —Do- faults noted, Gordon vs, Clark,—Motion granted unless within six days the plainti! amends his summons tn the respects pointed out in the notice of motion und pay $10 costs. Smith vs, Welsh; Rors vs. Hancock; Miller vs. Hayden; Lesserman vs. Ortell; The Hanover National Bank vs. Merritt; Kornoch: vs. Wooster; McQuade vs. McCufferty; Futle vs, Marrin.—Orders granted. By Judge Alk Phyfe vs. Taylor; Palmer vs, Straass.—Cases set- tled and tiled. GENERAL SESSIONS—PART 1, Before Judge Sutherland, RECEIVING STOLEN Goons, The trial of William O’Day,a junk dealer of No, 541 Washington stroet, who is charged with receiving alarge quantity of silk which was stolen from the steamship Adriaticin the month of December, 1875, by river thieves, was resumed yesterday. Evidence Jor tho prosecution was produced by Assistant District Attorney Bell to show that the property in question was traced to the possession of Day. Among the wit. nesses examined was Maria Robinson and her husband, I. L. Robinson, sister and brother ot Rich- ard, who is alleged to be one of the thieves, but who escaped to Europe, The testimony went to show that the accused wus present when the goods were taken from a place on Canal street owned by one Clancy and conveyed to Perry street, where they were afterward Hap ‘Tho tursber heariug of the case will be resumed to-day. GENERAL SESS{ONS—PART 2 Beloro Judge Gildersleeve, BANCO SWINDLENS OVERHAULED, Charles Wycoff, alias Peter Lune, aud Charles John- son were arraigned atthe bar yesterday by Assistant District Attorney Lyon charged under the following circumstances :—It appeared that on the evening of the 8th inst, John Slawson, Superintendent of the Star Silyer Mining Company, of Idaho, lett the St. Nicholas Hotel and took a quiet stroll up Broadway, pot proceeded far when be was sccosted by Wycol!, who, after some friendly conversation, invited bim to Agambiing den in Canal street, In this interesting establishment Mr. Wycofl, alias Lano, introduced th genticman from Idave lo Charles Johnson, who ex cuted some very brilliant tricks with cards, and subse- quently took pains to illustrate how a fortune could be inade wt the yume of banco—a niuch more rapid Way to wealth than digging for silver with the chance ol tind- ing none ut all, The surroundings uf the concern Were tempting in the extreme, tempting to the se- vorest Gradgrind that ever counted two and two. Behold what seemed to the ghisteuing eye of the visitor two hage piles of national currency | Keyond question the two top notes were genuine. The tigures +500" stood out in bold reliet on each enchanting bill. Mossrs. Johnson and Wycofl, with s ness, gragously expiai it was ouly the matter of a moment to wit a thousand or two, and that, moreover, by the investment of a trifle, They wondered, mdecd, how such establish. ments could be kept going, taking into account the ease With Which & penniless cliid might become a williounaire. 1u good sousun the Superintendent saw the thing was as simple as rolling off a log. With commendable piuck and generosity, to say nothing of a large store of hopeiuiness, he planted dowa two fifty-dollar bills upon the game, but the suvsequent proceedings interested hin vo more, His two tives vanished, and Mr, Slawson cawe to the con- clusion that the game of banco might be improved upon. He went, aud perhaps a littie sadder than when he entered, but not without the manly consolation of Mr. Jonnson, who, like a true Iriond, promised to meet the Superimtendent the toliowing day at the St. Nicho- Jas Hotel, aod that meantime he would try to mauce the banco men to restore part of the money. dir. Johnson forgot his engagement and Mr. Slawson paid bis respects at the Central Office, Subsequently Messrs. Johnson and Wycoff were persuaded by a detective to take a promenade to prison, and at Court of General Sessions yesterday morning appeared for trial, with their counsel, Mr «6K, 68, 6Price, $On second thought they pleaded guilty to the charge preferred against them, and in passing sentence Judge Giidersieeve observed that the peoaity he was about to inflict was not at ail commensurate with the crime; yet it would, perhaps, be considered adequate punishment under ali the cir- cumstances, then imposed a fine of $100 on each of the prisoners and enced them to six months’ tin- prisonment in the Penitentiary. PLEAS AND SENTENCES. Martin Fair and Goorge Smith pleaded guilty to the charge of breaking into the premises of G. H. Loughlin, No, 136 Charles stroot, and stealing a quan- tity of lead pipe. Implements of a burglarious charac- ter were jound in the possession of Smith, and be was sent to the State Prison for four years and Fuir to the samo institution for three years and six months, Frank Holbert, who acknowledged having stolen a quantity of linen from Ogden’s Express on the 7th inst, was sent to tho State Prison for two years and six months, James Kelly tried very hard to steal a bale of dry goods belonging to Messrs. Ciailin & Co., about to bo sbipped trom pier 14 Nortu River. A truckman named Kipp mantuily resisted the attempt, receiving for his opposition several blows. Kelly pleaded guilty aud sent to the State Prigon jor two years, obo Murtin, convicted of snatching a silver watch from Edward Manaban while the Jatter was |walking down Broadway, was sentenced to four years’ im- jonment, and a lad named James Murphy, who was 1ed and convicted of stealing two chickens from wagon in Greenwich strest, was sent to the Peniten- tury tor one yeur, COURT CALENDARS—THIS DAY. vPREME CovrtT—Cnampens—Hold by Judge Law- rence.—Nos, 91, 122, 148, 157, 201, 202, 28, 200, 263, 255, 276, 277, 288, 298, 316, 827, ¥28, 340, 381, 332, 833, Supreme Count—Guxerat Texm—Held oy Judges Davis, Brady ana Daniela —Nos. 31, 3, 4, 434. 9, 12, 17, 22, 26, 28, 2914, BV. 34, 40, 504g, 51, S24¢, 53, 122, 77, 85, 118, 64, 101, 57, 66, 98, 102. SurkeMe Count—sreciaL Taea—Held by Judge Yan Brunt,—Case on—No. 67. No day culondar. Surname Court—Cinc Part 1.—Adjourned until Monday. Part 2—Heid by Jud Douohue,—Short causes—Nos. 2554, 160434, 4283, 77, 1770, 4610, 4234, 4408, 4410, 3823, 4167, 4536, 46u0, 4575, 4464, 4584, 2740, 30s6, 4602, 4632! rart 3—ileld by Judge Westbrook.— Short causes Nos. 1571, 3765, 4143, 4365, 4247, 4627, 4599, 4257, 4021, 4366, 4199, 4401, 2895, 4146, 3619, 4429, 4445, 4031, 4503, 4225, 4275, 4374, 4369, 4629, 4055, 4021, Court—Gexxuat T'eust.—Adjourned for SUPERIOR the term, Surerion Court—Spxcia Tenm.—Held by Judge Freodman—Nos, 6, 29, 47, 52, 53, 54, 14 Supgxion Court—TRiaL ‘teRM—Fart 1—Held by Judge Van Vorst.—Stort causes—Nos. 1020, 764, 1179, 1180, 1111, 1131, 1229, Sursmion Court—TRiaL Texm.—Parts 2 and 3—Ad- Journed tor the term. Common PLeas—Kquity Txrm—Held by Judgo Lar- remore—No day calendar, Common Puras—THiaL TeeM—Part 1—Held by Judge Robinson. —Nos, 1842, 1828, 352, 892, 1103, 305, i209, 966, 715, 1105, Parts 2 and J—Adjourned for the term. Common PLxas—Goneral Term—Held by Judges C, P. ly, Van Hoesen aud J. F. Daly.—Nos, 41, 25, 20, 63, d7¢, 129, 66, 24a, ‘ARINK Court—Trial Term—Part 1—Hela by Judge Shea.—Short Causes—Nos. 4068, 9133, 8081, 8940, 9049, 9250, 9246, 8147, 9242, 8705, 9210, 9263, 9256, 7820, 9243, Part 2—Held by Judge Goepp.—Short Causes—Nos, 7130, 8376, 9165, 8821, $483, 9068, 8032, 9161, 7806, 9191, 9168, 9062, 6778, 9058, 7584, 9121, 9190, 9102, 4143, M145, 9146, 9218, 9156, 9196, 9177, 9217, 9269, 9149, 6997. Purt3—Held by Judge sinnott,—Short Causes—Nos, 9160, 9187, 8991, 9244, 9112, 8675, 8697, 7970, 9409, 9101, 6475, 9192, 9230, 9152, Coyrr oF GengRaL Srssions—Part 1—(Continued)— Held by Judge Sutherland.—Tho People vs, William O'Day, grand larceny; Same vs. Asa Gardner, grand larceny; Same vs. George Hart, grand larceny; Same vs. Till Soren Hulvorsen, grand larceny. Part 3—Held by Judge Gildersiceve.—1he People vs. Ferdinand An- ton, felonious assault and batiery; Same vs. Joseph Maroney, Ivlonious assault aud battery; Same vs. Janes P. Morris, burglary; Same vs. John Movabe, burglary; Same vs. Mury J. Sipher, burgiary; Same vs. August Brown, grand larceny; Same vs. George Price, grand larcet Same vs, John Sullivan, grand larceny; Same vs, Charles Brooks, grand larceny; Same vs. James Ryan, grand larceny; Same vs. Enoch Davis, grand larceny; Same vs Cyaries H, Bradley, false pretences; Same vs. John O'Connell, assault and battery; Same ys. Thowas Gryzier, assault and bat tery; Sime vs. Daniel Curtin, disorderly hot Samo vs, Nicholas Muilet, violating lottery laws; Same vs. ‘Tbe Second Avenue Railroad Company, misdemeanor; Same va. Central Park, North and East River Railroad Company, misdemeanor. A BROOKLYN BABY’S BOARD. Mra, Eliza N. Davison sued John Barnett, hor son- in-law, who is also her nephew, in the Brooklyn City Court, before Judge Neilson, yesterday, for $260 for the board of bis infant child. The mother of the child died August 18, 1871, and the plaintiff! said she would be a mother to the orphan. Defendant paid for the clothing of the little one, and having married again demanded the child about Christmas last, The mother-in-law relused to surrender ner charge, claiming that her deceased daughter had loft the baby with ber, A writ of habeas corpus was procured by Counsellor Keady, and the youngster was given to the father, ‘The defence claimed that there was no agree- ment to pay for the child's board, and set forth a coun- tercluim of $176 for furniture and money loaned, The jury gave a verdict tor the plainuff for the full amount claimed. A stay of execution of twenty days ‘was granted, UNITED STATES SUPREME COURT. Wasuinctox, March 15, 1877. The following cases were argued in the United States Supreme Court yesterday :— 119, United States against Young, assignee of Collie— Appeal irom the Court of Claims.—This was a motion to disiniss the «appeal in the caso, the Court of Claims having granted a new trial therein, The claim posed the n Claims was without jurisdiction or authority to grant the now trial ufter tue caso had becn rewoved by up- peal, The argument 1s that, as there was no such pro- duction of newly discovered evidence us required by the statute extending the time in which a mouon for a new trial may be made, the statute cannot be con- atrued to authorize the action of the Court. The government did not think it worth while to make 4 brief in support of the motion to dismiss, ‘This 1s the uoted cotton caso, involving a large amount of money. . D. B. Smith government; Wt 966. The People ex rel. Gallaum National Commissioners of Taxes and Asi inents—| the New York Court of Appeals.—Tbis was a proceed- ing to test the correctness of the ussessment mide by the Tax Commissioners of the city of New York upon the capital stock of the bank. Tho decision was, in efleci, that the stockholders of thy bauk cannot avoid taxation on the actuul value of their shares by the fact tbat a part or even the whole of the capial of the bank 18 imVested ip government bonds, ‘The fact that the bank, being a national bank, was obliged by law to accumulate a reserve and to keep a ral, for the He had | d to the tail Stranger bow that | portion of its capital imvested in United States bonds, and did s0, avd that State banks in the State of New York ure ‘not obliged by law to do emher of those things, and that the Commissioners included the re- serve and the goverpment bonds iu their calculation of the value of the shares of the bank, does not show that there was a discrimination in favor of State banks, The “surplos”’ or reserve was not held to be taxed as such. [tis here conteuded that the manner of calcu- lating the value of toe shares, as set forth above, amounted to a discrimination in favor of the Stato banks. D, D. Lord tor relator; W. C, Whiting tor Commissioners, c 685. Morrill vs. Stato of Wisconsin—Error to the Supreme Court of Wiscopsin,—This was a con- viction for selling sewipg Machines in the State with+ out the license required by the laws of the State as a pedier, The argument here is that the statute 18 in Violation of thas clause of the constitution which provides that citizens cf each State stall be entitled to all privileges und immunities of citizens of tbe several States ; algo that vesting in Congress the power to roguiate intersiate commerce; alsu that securing to authors and inventors the exclusive right to their writings and inventions, it being contended that Jaw enavles the State to share in the proceeds, ie cause was submitted on the prinied bricfs of LP. Cotireli for plainuff in error, detendant not appearing. | PERJURY SOMEWHERE, Oficor Weinberg, of the Fourteenth precinct, ap- peared at the Tombs Policd Court yestorday to bave his prisoner, Richard Gleister, charged with being an accomplice to a burglary, remanded, The prisoner, however, through Counsellor Olliver, demanded a dis- charge, having been in custody since Monday last, and thera being no evidence against him, Counsel offered to prove that Officer Weinberg in hia zeal to fasten the crime on the prisoner oflered the later $150 if ho would plead guilty, the officer saying that his conviction would sesure his (the uflicer’s) promotion, Gleister took the atund and swore that he was juno- cent of the charge, and that Weinberg had made bin the offer mentioned while he was tn the cell inthe Mulberry street station house, Weinberg, in his defence, emphatically denied the truth of the prisoner's statement, He (ihe ollicer) had learned from a teliow officor that Gleister was *tcrooked,” aud, going to his house, Weiberg ques- toned his daughter, a child of tour years, who said that her father bad removed dry goods trom the houso, Having also Jearned that the goods stolen from the store of H. J. Libby & Co, were in Gleister’s house tho officer arrested fim. Weinberg also swore that Gleistor confessed bis guilt, Alter hearing all the circumstances related Judge Kilbreth discharged the prisoner. UNGRAT Margaret Golden met an acquaintance named William Blair, in Spring street, Weanosday night, aad he told her that he was very hungry. Margaret good natar- edly went with him to a restaurant on the northeast corner of Spring and Thompson streets, treated him to a good suppor aod whatever he wished to drink, After sho had paid for the refreshmen's and was going out Blair snatehed ber pocketbook, which contained $2 ran off. She gave the alarm, and the tu; was arrosted a fow blocks off by Uflicer Fay, of the Eighth recinct. Judge Murray, at the Washington Place lice Vourt, yesterday held him in $1,000 bail to an- swer. BUSINESS. Michael Carroll, of No. 439 West Fortietn street, on the 8th of February allowed John Hogan, a carman, of No, 204 East Forty-fourth street, to have his horse for uday, Hogan and tho horse were not seen until h when it Was found that Mr, Joba G. ey Tonoyck stroct, Brovkiyn, had purchased the animal from Hogan tor $65, Hogan was iound yesterday, and was held for trial at the Fifty-seventh Stieet Court NEW YORK HERALD, FRIDAY, MARCH 16, 1877--TRIPLE SHEET. ST. JOHN’S GUILD. COMMISSIONER HOWK 10 INVESTIGATE IT TO- DAY TO DISCOVER HOW THIRTY-SEVEN THOU- SAND DOLLARS, DONATED BY THE CITY, HAs BEEN DISBURSED. % Mayor Ely yesterday transmitted to the Commis. sioners of Accounts the resolution ordering tuem to make an examination of the affairs of St, Johu’s Guild with the view of ascertaining whether the money appropriated to at by the city nad been properly dis- dursed, and Commissioner Howe will this, moraing visit the rooms iu Union square and ask permission to make the examination, This gentieman was visited yesterday by the writer and questioned as to the man- ner in which he can hope to get at the injormaon sought, He btated that until be visited the Guild to-day he could not make up his mind bow to proceed. 1f the various sums contributed by the city went into the general fund, as 18 doubtless the case, it would be dillicult to tracelits disposition. If, however, the treasury was empty on the receipt of such sum, and it was rue by city funds for any specitied vme, the work would not be a difficult one, ‘The reso- Tution does not authorize him to investigate the entire management of the Guild, and as tho first appropri, ation was made to it by the city on December 29, 1874, is examivation cannot be pushed beyond that date. AD exumination muae by the roporter shows the total money received irom the city to be as tollow: December 29, 187: Wecember 29, 1875, January 26, 1876, Maren 21, 1876. Sepiember 29, 1876. December 12, 1876, January 8, 1877,... Februury 9, 1877..... Total in four yenrs........ssersesseees $37,634 There seems to be some doubt entertained by we Commissioners whether they will be permitted to muke tho investigations, the officers of the society having, on technical issues, so far saved oll proceed~ ings. Yet, when it 16 stated that some tine before the trustees of the Guild officially made to the Mayor the proposition of a board of relereuce, one of whom wbould be named by Mr. Ely, they asked Mr. Howe to act a8 a Feleree, they can hardly refuse to permit bis examinatiun to procecd, Mr, Howe, alter consultation with Irienda, felt that, as a city oficial, it would be delicate part jor hit to act, and he declined, ‘The refusul of the Muyor to appoint. one member, as suggested by the trustees, of course will render any investigution made by order of the trustees up un- official one, in which the city hus no part. The mom- bers of the Bourdot Apportionment aud the Commis- sioners of Accounts seem to tel that they have no power to go iurtuer into the afluirs of the society than to ascertain the dispositiun of the $37,084 appropriated to it THE GUILD'S ATTITUDE. An offort was made to ascertain Mr. Wiswall’s prob- able course as regards this proposed official inquir; but at the various rooms of the society uo intelligen as to bis whereabouts could be obtained except thut he had, whew last at the rooms, expressed his intention of being absent jor a few days, as he was “going on the war pawb.’? Mr, Lansing, one of the trustees, lust evening assured the writer that the trustees, who wiil bold & mevting to-nignl, have no disposition to stave off mvestigation, but they are not disposed to be in- Yestiguted by the State Board of Charities. Confident that (bere is nothing to be concealed they will cueer- fully permit Mr. Howe to examine the accounts and the vouchers, and givo him all the aid in their power. At the meeting to be held to-night the trustees will probably take some action looking to an eariy and full investigation Of ali the affairs of the society, MADHOUSE ABUSES. THE EXAMINATION INTO OCTAVIA WALTER'S TREATMENT AT THE INSANE ASYLUM—CON- TRADICTORY STORIES FROM THE DOCTORS. ‘The examination into the manuer in which Miss Oc- tavia Walter was treated while an inmate of Flatbush insane Asylum was Continued yesterday before the Aldermanic committee appointed to take testimony. The testimony of tho dogtors did not agree in all par- Uculars, nor did that of the uurses in whose charge the uatortunate girl was leit, ‘The fires wituess called was Dr, Blanchard, the medical superintendent of the asylum. He satd he was @ graduate of tho College of Physicians and Surgeons New York, and had taken charge of the asylum in 1874. He said he thought be had made improvements im the place sinco bis arrival, but when asked what they wore ho said he did not know. He did not think that the present help was sufilcient to manage the institution. Ho asked ior more belp, but it bad not been given to him. Ho suid there were no printed rules or ‘reguiations for the government and uidance of nurses; some of the warde of the hospital fave as many as forty pationts; deponent often leaves the asylum, and on such occasions his assistant does all the work; tho strait jacket is never used unless by order from deponent or bis assistant; the nurses keep vo record of tbe uso of the strait jacket; somo putients ure kept in the basement; the basement 1s mp, but depovent never heard thut they had to sew go hurd thut the tops of their fagors were worn away ; the death rate in the institution 18 a fraction over five percent; sixty or seventy patients in the asylum pay, the rest are paupers; depouent saw Uctuvia Waiter carried into the asylum; he knew subsequently that she was subject to fits; did not know whewher ne pre- ribed lor her or not; kept no book, and if he did pre- scribe don’t reinember the drugs; he noticed tre- quently that Octavia Walter was tied toa chair; this was done becuuse she was 60 feeble that she was In the habit of tailing or the floor and burting herseli; 16 is not uncommon for the patients to fight with each otbor; if the fights occur in the day timo the nurses seo them, but if at night they do not, “What ts the composition of the norvous matter of the brain, Doctor?’ asked one of the coiwmities, ‘The Doctor reiused to auswer, and said ho could show his diploma. DR. THKODORE B, WETTLING'S TESTIMONY. Dr. Theodore B. Wetting, assistant physician, graduated irom the same medical school as tirst wit ess; he vevor made tue diseases of the mind a subject of study unti) be was appointed assistant to Dr. Blanchard; he remembered Miss Walter; know that she had large sores on her vody, and thougot they were caused by the poverty of her blood and not vy the chafing of the ropes with which she was bound; never knew that she had been struck while In the institution; one afternoon a purse came to deponent and said t the brother of diss Walter was in one of the wards making a dis- turbance aud © 1g; did not go to see him, being de- tained by business; saw him when he came trom the ward, and did pot tell him gbat his sister was not a pay ent and if he did not like th? treatment he could take her home; ordered Miss Walter to be dina chair; knows there are patients in the basement, but cun swear that the basement is pertectly dry; heard and believes that Miss Waiter got ber black eyo from a fall, “Doctor, is there more phosphorus in the brain of an idiot than 1m that ofa sane person?” asked a com- mittee man, “there may be, but I don’t think there is,” DR. CREAMEK'S TESTIMONY, ‘This witness dcecribea the condition of Miss Walter ore she was sent to the hospital; he said sho was an idiot, without the power to co-ordinate movements; that she lacked that nice balance and consequence in ac- tion found in normal beings; lor instauce, it she started to go out through a doorway she was liable to collide with the posts on either side, This testimony was corroboraied by Dr. Newman, A \URSE'S TESTIMONY, Margaret Powers, wuo has been a nurse in the hospi- tal for ten years, was next called. She testiled that Miss Walter was taken with a fitabout ten minutes alter she entered the hospital, and bad at times as many as four fits aday; she was so Violent that a strait jacket had to be put on ber, and sne had to be tied to achair; she was not very feeble, for when she would become violent. she ‘tore everything she could get ber bands on and bummered — herself in the {ace; she was only tied to the cbair when she was caughs abusing herse! violent patients are put in (he same wards; sometimes help was needed to quell riotous pationts ; witness fre- quently went away, and when she Was gone her par: uer, Mary AnD Barker, took her place and pertorme all the work; Witness believes that Miss Walter got her biack eye by ing. Mary Ann Barker substantiated the testimony of the foregoing witness, and the lurther hearing of the ease was postponed until Thursday next, at ten A. M., when the committee will bold session in the County Court House, THE COLTER SUICIDE. ‘The Coronor’s jury empauelled in the case of Charles Colter, who was killed by jumping from one of the pide the Brooklyn City Hospital, while in a delirious condition, retnrned a verdict yesterday after. noun, in which they censured the management tor neglecting to employ asullicient number of nurses, and also Dr. Minor for careloseness in negiecting to intorm the purses of such duties as would conduce to the com- fort and welfare of the pationts ander their caro, MACHEMER’S BIGAMY. George Machemor was re-arrested in Broome street on Wednesday night, taken to East New York, and yesterday morning was forwarded to that classic re- treat known as the Raymond Street Jail, Brooklyn, When first arrested, some time since, Machemer was charged with bigamy. It is said that about eignt ears ago he stepped out of the habiliments of single jessedoess and put on the matrimon: robes; but soon alter the marti discontent crept into — the husband aud wile sepurate 0 came tired of living alone, and aftera married a Miss Nellie Gaynor, Whose parents reside in New Lots. Machemer’s secoud adventure in wedlock ‘was all Laat “two souls with but a single thought” could wish, until one morning George found himselt under arrest, as above stated, on complaint of his first wile, trate at Amelia, Upon beg taken before the m Kast New York he waived oxamination, held to await the action of the Grand Jury. soon after succeeded jn getting released on bail in the sum of $1,000, and, together with the second Mrs, peared, It was not until alter a moat ri that they wore traced to Broome treet, in this city. — THE WATER SUPPLY. Commissionsr Campbell Opposed to the Gon- struction of a New Aqueduct pecans ee cay THE CROTON RIVER'S ABUNDANCE, Condition of the Present Aqueduct and the Question of a Water Famine Disenssed. cooeciceroeet ceca, The following is an extract from the report of the Commissioner of Public Works for the fourth quarter — of 1876, relating to the Croton water supply :-— Having in wy reports the second and third qui ters of the year discussed, with some minuteness, the question of the water supply, I will close with a state- meut of the conclusions at which I have arrived, attor & Juli Investigation of the subject. First—The present aqueduct has a capacity of daily supply of about ninety-five milhons of gallons. This umount 1m connection with that stored in the city rene ervoirs is amply suilictent for the demands of the pres- ent population, and with proper guards against wuste will serve fur some years to come, Tu insure this de sirable result it 8 hess however, that the aque. duct and its accessory shall be mamtained in good con dition, and that waste shail be prevented by a compli ance on the partot all who tuke aad use the water, with the legal requirements and restrictions of the de partment. The loliowimg report trom the Engineer's Bure contains very ga) isiactory Information in refer. ence to the present condition of the Groton Aque- duct: New York, Jan. 3, 1877. To Joun ©. Camraxut, Chief Engineer Croton Aqueduct :— Duan Sutin reporting the condition of the ayuoduc permit me to state that I have been constantly over the work in person to seo that the atrolled daily aus the asnal vigilante xercived In maintaining the ‘The repairs of the conduit t, when the fluw of duct as toadmit of auisfactory results, and, althougte nter has been exceptionally severe. the aqueduct ro- mais In better condition than for many years past. Very pespace Billy et BENJAMIN 8. CHURCH, Assistant Engineer, While it is true that this great city is dependent fot its supply of water upon a single conduit, aud that a breach 10 this structure would occasion indouvenieuce and damage, yet ag no such d r has ovourred sin Lhe construction of the aqueduct, a period of thirty-fi years, its safety (until a new aqueduct shail become imperative by the increase of population) may, with skilful care and attention, be confidently anticipated, CONDITION OF THE AQUEDUCT. The mere possibility of interruption ts not sufficient to warrant the great outlay required by a new conduit until absolutely demanded by the growth of the city, especially at this ume, when debt and taxation bear so heavily, not upon property ouvly, bus indirectly upon every intabitant of New York, Even should a break occur in the aqueauct by some extraordinary flood, the chasm could in a tew days be temporarily spanned by a wooden trunk until the masonry should be restored, and, though tem- porary inconvenience might be experienced, a sulll- cient supply of water would, in the interim, be ture nished by the city reservoir, In regard to measuies to put a stop to the waste of Croton water, several in- spectors ave, as beture stated, been deta'led to ex- amine the bouses within their respective districts aud to report where waste is found and continued alter notice to discontinue the same, The law em- powers the department to shut off the water on prem- ises where such violation is persisted in, and itis my intention strictly to enforce tho Jaw and the ordi- Dances ng to this subject, As @ goueral rule citl- zens have given heed to the instructions of the in- spectors, and av appreciable improvement bas already beeu observed, In stables and other large establishments, where e has been excessive und unpardonable, it will be necessary to apply meters, and on the docks and piers und in the washing of yards and walks and in tho sprinkling of streets and other plaees, where great -abuse has become habitual, stringent aud summary measures will be taken to put a stop to the evil It mu mot be for- gotten that the distributing pipes have been much in- creased in number and sizo within the past few yea: and that there 3s @ limit to the capacity of the prese: aqueduct to meet the Consumpiiun of the city. This init bas been nearly It not quite reached, unless the demand can be diminished by putting a stop to waste, I believe, however, that with proper care aud entorce- ment of the law waste can be prevented, thus postpon- ing jor some years the necessity of a new conduit, while # sufficient and even liberal supply ol water. ao still be furnished jor all the wants of the city, NO PEARS OF A WATER FAMINE. Second—The Croton River and watershed will farm. @ supply of water fur a city of more than double the present population of New York, and considerea in connection with the additional supply which may be procured from other sources and led to the Crown basin presents the cheapest and most feasible system for the permanent supply o! water to this city. The Croton River itselt being insufficient at times of minimum or diminished flow to meet the demand, it becomes necessary vo resort to storage reservoirs, which can be aruwn upon during the dry season. At the glose of the present season (1877) there will be available two large artiticial reservoirs, Whose coimn- bined capacity will be nearly seven thousand millions ot guilons. Adding the quantity which may be drawo from natural Jakes nearly nine thousund million gal- Jons may be relied on, in addition to the natural flow ot the river, to keep up permanent and steaiy flow through the aqueduct, This amount may even be exceeded, as during the season occasional rains would in part refill the dimiaished reservoirs, Had the great reservoir now in process of construction been availubie traordinaty drought of d period of flity years—would not have been teit, I am therefore justified in saying that when this reservoir 1s brought into use no scarcity can ar neil the demands of the city shall exceed the capacity of tho aqueduct, To make assurance doubly sure, how- ever, and to guard against a possible vreach in one of the reservoirs, it will be well to commence, within tie next two or three years, a third reservoir, and to this end plaps and estimates are being prepared by tue Chiet Engineer, so that the best site may be svulected aiter careful comparisons and the work prepared tor contract at the proper time. THK HOUSATONIC AS A RESERVE. ‘ Third—The unprecedented drought of the past year and its effect upon the water supply of y called forth many suggestions and propositions for ineetin; tbe deticiency by drawing Irom distunt streams. { have already explaived that the Croton River and basin are adequate for the supply of a city of .nore than 2,000,000 of inhabitants; but in investigating this important subject | have been led to look beyond the Croion busin and to consider what additional supplios may most feasibly and economically be secured tor the uniailing aud abundant supply of water to this great metropolis, My knowledge of the topography of t country immediately north of the Croton’ valle obtained from reconnoissance and surveys ma several years ago, induced the oolief that the water of the Housatonic River might be tapped and led by conduit to the head waters of the Croton. A cursory survey recently made establishes the perfect feasibiinty of this plan’ at a comparatively moderate cost. The Housatonic 1s a large river, hav~ ing tts source ip the Berkshire Hills, and, in its south- erly course through the State of Connceticut, ap- proaches, at @ point ten miles north of the head of the Croton, witbin'two miles of the New York State line, At this point, known as Ball’s Falls, a tributary of the Housatonic breaks (hrough the mountain range which divides New York from Connecticut, and opens a way Jor'the introduction of a canal, by which the waters of the Housatonic may be led and discharged into the Croton basin, By means of this great auxiliary sup- ply from a jarge river of she purest quality, the wator supply of this great city may be considered assured, even for the distant future. Of course legislative sanction of the State of Connec- ticut will be required in perfecting this plan. [ wil here enter into no further detaiis of the project, ag they will be einbodied in a special report at som futare time, but | have deemed it proper to make this brief allusion to the matter in view of 118 importance and oj the general discussion which took place during the past season on the permanent supply of water tor this city, THE MIGH SERVICE SYSTEM. Fourth—Plans are in course of preparation with a view to extending the high service system, by which all, or nearly all, the clevated portions of the city may be supplied by the method which has already given so much satisfaction, The power at present in use is ap. phed up to its minimum capacity, and perbaps in the desire to afford al! possible accommodation, this sys tem has been a liitie too much extended. ‘The addi. tional works will be commenced during the present year, and will prove a vaiuavie addition tothe general water system of the city, As there are vacant lots be. Jonging tw the corporation reserved by the departme, for this purpose, and cilgibly situated for their loc: tion, the expense will be limited to the cost of u works themselves, THE STREETS. TO BE CLEANED. On motion of Alderman Colo a resolution was yos- terday adopted in tho Bo directing the Police Com. missioners to employ immediately all the unemployed workmen they possibly can jor the purpose of cleaning the streets, Alaerman Simonson’s resolution request- ing the Mayor to procure the opinion of the Police Commissioners as to the proposition to cremate city garbage was also reconsidered aud passed, MUNICIPAL NOTES. The Common Council has passed the resolution ro- questing Mayor Ely to order an examination of the Elevated Railroad as to safeguards agginst accidonts, The Board of Aldermen will in futdre meet on Tuce days instead of Thursdays, the rules having been amended in that particular, Commissioner Martin, of tne Park Department, in- forms tho Board of Aldermen that there is no appro+ priation lor placing Jamps around the Lincola mona. ment or lighting them around Franklin's statue, Mayor Ely bus signed tu olution of the Aldermen requesting the Excise Commissioners not to order ar- rests of liquor dealers during hours when tho police courts are closed, MISS SMITH’s HONESTY. Eliza Smith recovered @ verdict torday, in the Brooklyn City Court, for $260, against Ell: id Patrick Waisn. The action was brought for slander, the plaintifly having called Misa Smith a ‘tbiet," | |