The New York Herald Newspaper, April 4, 1877, Page 4

“THE STATE CAPITAL. Rumors of Corrupt Practices for Killing Reform. MR. NEIL GILMOUR ELECTED. An Omnibus Bill for Judicial Retrenchment. ACTION AS TO BANK EXAMINER ELLIS. | Aupant, April 8, 1877. This will turn out to be either the most vicious and corrupt or the most continent and virtuous Legislature that ever sat in Albany. The air is fullof rumors of money being about to defeat this measure or that, of $75,000 being in somebody's hands to kill the Omnibus Dil; of $100,000 to kill rapid transit, of balf a million to square the insurauce companies, of $15,000 to beat the Coroners bill, of $20,000 to deieat the Quarantine bill, and so on, When the bill I inclose comes to be published, cutting down the salaries of the Judicial officers of New York city, | presume a pool of at least $50,000 will be raised to give it a quietus, Let us see, in the midst of all this temptation, if the mem- bers of this Legislature wili regard their own or the public interest first, 1t will be easy enough to mark the man who opposes measures of which the universal voice demands the passage. But there are men here in the Legislature who carry their heads bigh and pretend to ‘fan inordinate interest in the public weal who secretly conspire to frame bills which they get other men to father and to introduce, and which are to tho last degree imimical to the people’s welfare, I have ono of these men in my cye a 1 write, and 1 where he has made another man a catspaw to stand sponsor to a bil? that he himself would be afraid and ashamed to acknowledge, When the proper time comes, and when my information is fuller than it is now, 1 shail iaform you more minutely in regard to this matter. Rapid transit may be killed forever without the public know- ing who did the marder, but it will not be always ieft 44m ignorance if the Heratp can help it., The politicians from New York begin to crowd in upon us again. One of them has just returned from a {trip through the rural districts, where he met (by or- ers) the democratic members of Assembly, and he is ranguine that they are all right and will vote solid against the Omnibus bill, The arrivals from New York speak of nothing but the feel- ing of consternation among the Tammany poli- ticiang about this famous Dil, If tie Day of Judgment and the trumpet of the angel Gabriel were ut hand they could burdly display a greater de- gree of trepidation, Thereiore it is that we have the Political bull-dozers here ex-Speaker Billy Hitchman, Uorover Dick Flanagan, Alderman Tuomey, “Billy? Barlow, Major Mooney et ai. If, as 1 said before,’ this Legisiature can stand up against the thre: bribes and cwjolery = putin pperation to cause it to defeat the retorm measures now in its hands tt will certainly deserve the name of but on the o.uer hand, if it give way it being Virtaous; will founder in a sea of corruption and ail the magmi- ficent schemes of retrenchment and reform will go for naught. The era of Tweed will be eclipsed. If it breaks down on one it will break down on all—falsus tm unum faisus in omnibus. MORE REFORM BILLS, The bill creating three new Commissioners of the Bin Fund passed the Senate, Lt provides that hereatter the Board shall consist of the Mayor, Comp- troiler and three reputable citizens to be appointed by the Recorder, the City Judge and the Chiei Justice of the Superior Court ELECTION OF SUPERINTENDENT OF EDUCATION, Both houses met in joint session at noon and pro- eeeded to ballot for Superintendent of Public Lustruc- tion. Gilmour was the choice of the republicans, and ‘er of the democrats, Hosea B. Perkins received phe Vote und one vole also was given to Henry Ward Beecher, Mike Heuly and Curis Flecke (one Irish and the other Dutch) gave their united suffrages to Mr. Lynch, of Chatham street. Mr. Gilmour was elected to fill the position for the next ensuing three years, THIRD READING. A ‘Third reading of bills occupied most of the time of the Assembly. ° CUTTING DOWN JUDICIAL INCOMES AND EMOLUMENTS. The following {8 an omnibus bili in its way as some ten or twelve billa in both Assembiy and Senate are dumped into it, It is designed to keep company with the great Omnibus bill and must be of interest to a bumber of people in the new County Court House. SKCTION 1, The judges of the following courts of record hereafter elected as provided by law in the city and eo ot New ¥ ‘shall euch receive from und be paid qui ly by the Mayor, Aldermen and Commonulty of the elty of New York «salary as and after the following rates per an- um, viz. — Juilges of the Supreme Cours, $14,000 per annum, ‘of the Court of Common Pleas, $10,000 per ane pum. Juages of the Superior Court, $10,000 per annum. Juuices of the Court of General Sessious of the Peace, the Recorder, City Judge. and Judge of the Court of General Ses ‘$10,000 per annum, the Marine Court, $7,000 per annum. —The clerks of the several courts of record in the county of New York in this section specitied shall pointed by the judves of suid courts respectively. of said clerks, when so appointed, shall appoint the ks in his office. Ihe clerk of the Court of General exsions shall, in virtue of his office, be Clerk of the Court of Oyer und Terminer of said city. ‘The saluries of said clerks, and the num- ber of assistant clerks, and their respective salaries. shall be such 1}, from time to tine, be deter. mined by the concurrent vote of the Board of Extim: Apportionment of the city of New York, providad t Aggregate amount of salaries of the Clerk and clerks in each of said courts shali not in any one yeur ex- ceed the maximum amounts ‘> \lowing, via. :— In the Court of Common !’ioas the sum of $25,000, In the Superior Court the sui of $25,000. An the Court of General Sessions, the «um of $17,500, In the Marine Court, the sum of $17, The interpreter in any of sald courts shall be included as among the assistant clerks therein, and shail perform the duties of assistant clerk, in addition to the duties of inter. preter. Nothing in this section contained shuli effect or apply to the stenographers appointed by the Judges of #aid respective courts. Buch of the stenographi dof the Suy c reatter be paid a yoarly salary of $2,000. Ske. 4.—1he attendants in each of the said several courts of record in the city and county of New York sliall be as follows:—In the Supreme Court, two attendants to the Gi 4 of said respective general term attendants to each of the special aud ench of the three parts of In" the Court Cormon Pr ants to the General T three ut- cial Term, and irevit, In t hroe atte of ti attendants Special Term, e attendants to each of the two the Court of General and three attenda) Cireult. In parts of Sessions, five attendants to each of the two parts of said court, In the Marine Court, three attendants to the Special ‘Term, and three ‘attendants of the three Trial Terms. said attendant: by the judges of said courts respectively appointments during the pleasure of the appointing power, and shail, when required by the judses of the court in ch they are appointed, serv: Tn none of heretofore performed by such er one of the,attendants of said court. Sec. 5. The salary of each of tho attendants in the pres M autnoOrized shail be such as shall, from time Mt vote of said Board ofjiis- e and Apportionment, but the same shall not at any xceed the sum of $1,000 per annum. Ske. 6. Hereatter the sulary of the Clork of the Court of Speciai Sessions, in the city ot New York, shall be $4,000 per aunum and’ of the Deputy Clerk § 4 ahere shall be rshall be performed by 4 who shall b i f FS rapher of suid court, and who shall receive a suiary o $1,500 (orgs eog The subpe xeeedin 1 a servers of the court, not ‘each be paid a salary of nit aliall be rot wid Court ot Special Sessions nd perform the duties for which in number, No off ng thr anoum, by this net. ry of each of the police Justices in the . hereafter appointed ax provided by law, m, and the sulary of ¢ ‘sald courts hereafter ap- shall be $9,000 per . 8. Thero shall be in the police courts in said city twelve assistant clerks aud four interproters, who shall be appointed by the Bo duties prescribed id nt clerks shall 8 salary of $2,000, aud each of said inter- nual salary of $1,000. No assistant clerks, stenographe: ‘or interpreters shail oe bereatter attendants, ted or ra er of them, ws in this net authori tw exe. pt nue. 10, the salary of eae! courts of the city of New York heroaiter elected ws pro- of the Judges of the district vided by law, shall be $4,000 per aanam, mc. 1}. Tn each of said courts there shi by tho Mayor of said city a clerk of thee oificers and attendants or by said i srueregmte as to exeh fonrt the sum of $7.50), The jauitor, appointed by the Commissioner ot Public Works of said city, slall, in addi- tion. to his duties as janitor, act wnd periorta duty as an at- fendant of curt. ‘Seo, 12. Ten days after the pastnge of this act the term: of office of th tClerks, usist ereultor by og authorized. be appolnies we, 18. All fe yerquisites or emoluments, now paid on proceoding ny of said district,courts, shall be paid to id of jected by the clerk of the court, ad no judge of such rm ed out of, or in Any Ketion oF ‘cour Recept oF receive aby fee, perguisite or Emolament, for any act or services pertormed by him Be judue. It shall ve the duty of the clerk of js office, m_ which Ii of naid conrts to keep a record { wase to be entered, the particular of all id emoluments received @ transerips of this ye transmitted by him tg paid aity, Alt uch feos, perngisites and shall belong to the said Mayor, Aldermen an Fulmen ‘of the city of New York, and shall be puid ‘woekiy by said clerk to the Chamberlain of the city into the city treasury. Any clerk failing to ‘such payment sball, in addition to the other penalties im by and through such failure, forloit ail eciniin and interest in and to the salary provided by ‘seatute to be paid to suct clerk. is. the ‘commissioners of accou ‘et ioas, once in each month, exawit of said city wad report to ald city and county, | x NEW YORK HERALD, WEDNESDAY, APRIL 4, 1877.-TRIPLE SHEET. ‘on the accounts of the clerks of said ‘and ss to the payments made oy them re- Giamnenad % ei Seemtalictenses tapi “ay at’ paid ‘comin 8 ‘any of sal Clerks has tailed to charge, collect aud receive. the fees, perquisites and emoluments belonging to said Mayor, Al- dermen and Commonalty, and sccouns for and pay over the sai fe shall be tne duty of said com- missioners to transmit ® copy of their report containing & specification of such sete to the Mayor of sald city, who shall rece! he same as ebarges m: against such clerk requiring his officlal eetion, ‘sec. 15, The salaries in this act, provided other than the salaries tn the Xrvs section specified. snail be paid monthly by the Mayor, Aldermen and Commonalty of the city of few Yor! Ske. 16, All ordinances or resolutions of the Comm rof the Board of Supervisors of th authorizing the employ: cers. attendants or jauttors i a specified, or fixing the salaries of any of the justices or offi- cers of said courts or either of them are hereby repealed and wet asic See. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. ‘Sec. 18 This act shall take place immediately. THR BVENING SESSION. The two houses rather ap advanced hour. worth recording, The Hou Cleaning bill onder consi Gebate, participated in by Cowdin, Spinola, Strabap and Hayes, the bill failed to pass, rev ceiving only fifty-one votes, The House being very thin, Strahan moved @ reconsideration, and that the motion he ob the table, which wae carried, The bili under these circumstances will come up first thing in the morning, and will pass because the votes in its favor which were absent to-night will be preseut to-morrow, LITTLE MELL GATE. ‘There was an adverse report of the bill to fill in Little Hell Gate, Mitchell THE OMNIBUS BILL was discussed in the Assembly Committee of Cities, and several amendment de. It was resolved to pat back the collection of ents into the Public Works Department, aud the section in regard to street cleau- ing wi ft over for further consideration. The salary of the President of the Board of Aldermen was mado $3,000, that of the President of the Board of Charities and Corrections, $5,000. SPRING ELECTION, Mr. Morrissey’s bili about a spring election, which was down as @ special order for to-morrow, bas been postponed il next week, CHARITANLE INSTITUTIONS. Mr. Cowdin introduced a bill providing that the State Board of Charities shall have power to Investigate the management of any charitable institution or 1osane asylum in the State when the occasion warrants BANK EXAMINER ELLIS, in response to the Governor's letter, called and mado a verbal explanation to His Excellency this morning, saying that there was nothing in the char, whiob he was not prepared to meet aud refute. The Governor will send in the charges on Thursday, whether be re- coives a written answer irom Mr, Kilis or not These charges will, in tho regular course, go to the Senate Committee on Banks, or it may that the Seuate will consider the charges im open session and aecide upon them. The maio charge against the Bank Examiner 1g that, when the trastece of the Mechanics and Traders’ Bank repre sented 4 deficiency to him of $150,000 in the year 1874 he took no uction to have # receiver appointed, and that two years Jater,when Mr, Best was made receiver, a deficiency of over $350,000 was discovered, arguing that, if the Bank Examiner had done his duty, the de- positors might have beeu saved fifty per cent of their deposits. Examples as to the method of dealing with derelict State officials are as follows :— In the case of Miller, Superintendent of Insurance, he was removed by vote of the Assembly, but before the Senate concurred he sont in his resignation, The next case Where the Senate acted was that of Prindie, County Judge of Chenango, against whom charges were preferred by the Governor. He was tried by the Senate and acquitted. The ouher case was that of Judge George W. Barn who was impeached by the Assembly and tried betol a court of impeachment consisting of the Senate and Court of Appeals, by whom he was removed from office. THE INSURANCE COMMITTEE. A STATEMENT BY THE CHAIRMAN—PRESIDENT HYDE, OF THE EQUITABLE COMPANY, GIVES SOME PARTICULARS OP THE TONTINE FOLI- cles. é Aunasy, April 3, 1877. The Insurance Committee resumed their investiga- tion at half-past three o’clock this afternoon, Mr. Cowdin presided, and said that the committee had devoted a great deal of time to the investigation and bad taken full testimony in regard to the suoject. The members have received a number of anonymous letters of a denunciatory character, but very few offer- ing any valuable information or suggestions as to legia- lative remedies, He believed the country was greatly jarmed by the outcomings of the investigation, but he wag anxious that policy holders should not be wrongly mtormed that their money bad been thrown away, as the committee has still the highest confidence in many of the larger companies, He desired, there- tore, to have the testimony hereafter taken refer solely to the facts of life insurance management, Mr. Skinner read a letter to the effect that a society calling itself the Order of United Workmen was en- gaged taking out insurance policies that were worth- Jess by reason of the disturbance among policy bolders, Mr. Weyant desired to say that he did not wish it to be understood that he or the committee had done anything in the furtherance of this iuvestigation which they wished undone, THE PRESIDENT OF THE EQUITABLE. Henry B. Hyde, President of the Equitable, being called, testified that he could not give the total amount of Tontine policies in his company. They ure loaded trom thirty to forty per ce: the balance is a reserve upon the policy. This system was commenced seven or eight years ago. The Tontine reserves are kept with the reserves on other policies; but we estimate what should be set aside for the Tontine policy and » sep- arate actual amount was kept. He declined to go into a detailed statement at this time, saying 1+ would be too complicated. Tue Tontine theory is as the ordt- nary life rate, reserving the same that is resorved under other poticies; but the surplus is held and divided among the policy holders at 4 nd of the Tontine period, which varies from ten to twenty years. If one of the Tontine policies is for- jeited the reserve goes to those which not forteited. It would require an actuary to explain ai] the technicalities of the tontine theory. A stute- ment is to be published in a few days as to the amount of reserves held upon tontine policies, and the witness very positively reused to guess at it, @ Exclusive of the loading upon the premiums of the tontine policies, has the reserve ever been used for any other purpose? Mr. Hyde—Piease state things correctly—you got the matter all wrong. I will say that the reserves are not used for any incorrect purpose ; we have to use the legal reserve required by the State; the tontine fund bears the common expense of a per cent upon all the premium receipts, say about twelve or thirteen per | cent; the premium would consist of the reserve and the londing; we know which is tontine reserve and which the’ ordinary life, although we keep the funds together; !n our accounts the two are ke; rate; the surplus upon all the tontine policies $2,250,000; the reserve in our company was never as- sessed to pay anything; did not use five per cent of it or any part of it to pay dividends; no dividends have ever been declared when there were no tunds in the assets to pay them; our first divi+ dend was deciared io have no means of knowing how many tontine policies were forteited or how much was tho amount of in- surance upon them, nor the amount of reserve upon them ; have no information as to the amount of reserve upon lite policies which have been ‘orteited; no por- tion of the tontive fund has ever been applied vo any other purpose; in the reports to the State Superin- tendent the witness thought the company stated the tontine reserve separate from tho life re- serve, but on a copy of the last’ report being shown him he could not find ft in that paper, and sited he does not recollect im regard to it; who atnount was ascertained for 1876 separate trom the lie reserve, and also at various other times, but cannot state more specifically; presumed there were entries of the amounts made in ‘tho companies’ books; cannot Approximate to the amount of policies forfeited in 1876, nor as to the amount of surplus; no part of the surplus upon the tontine polictos has’ ever been used for the purpose of paying life policies; no dividends have ever been paid except from the right funds; our surplus funds from all classes of poricies 18 $5,500,000; tue Mercanule Trust Company have an office in the Equitable Building ; witness is a stockholder and direc: tor in it; its capital stock 18 $2,000,000; have been & stockholder about one year ‘and a direc tor about seven years; a small amount of stock was standing jin his name previous suilicient to qualify tim as adircetor, The company moved into the bquitable Building about seven years ago; bave had no other office in it; the business of the company $$ lending money on farms in the West and on real estate in cities outside o: New York State; the Equitable bas no loan in the Mercantile; it holds a of e stock in it; | would cast the quitavle apon their stock in that ne Equitable first purchased $350,000 of the stock of that company about six Years ago at par; this has been increased, and cash paid for the incrense ; we took $700,000 more of itagiin at par; the Mercantile has paid seven per centaividend and now pays five per cent; cannot name the reserve upon that stock; have never received anything from tho company on ac- count of counection with tne — Equitable; receive no compensation from the Mercantile; no male member of my Jumily 18 living old enough to oc- cupy any position; no relative of mine, directly or in- directly, occupies any postuion in the Mercantile gthere ale deposit company in the building; I ba 000 worth of sto ; the whole stock Ars ago; the Lquitable paid for my stock in cash; its ple packages; it pays $22,000 bor sixth of the basement table Building; am a direc- tor, Dut receive no compensation; the Equitable has lonned no money to it of vo the Mercantile Trust Com- pany, nor has it ever purchased mortgages or vor- rowed money or securities trom either, Q Aro you a stockboliter im the Universal Lite In- surance Company? A, Lum, But donot hold a con- trolling jofiuence in the stock. Adjourned until to-morrow morning, holds no stock to it basiness 18 to store val a r rent tor about a f sub-cellar of the Eqt THE WORLD MUTUAL LIFE INSUR- 4 ANCE COMPANY. Awnany, April 3, 187) On the application of the Attornoy-General, Justice Landon, of the Supreme Court, has appointed exe Recorder 8, W. Rosendale, of Albany, receiver of tho World Mutual Life Insurance Company’ of New York, | that e: LIFE INSURANCE NOTES. Vice President Waker, of the National Capital, sald yesterday that Benjamin Noyes bad certainly turned over to the New Jersey authorities all the assets re- ceived by bim from the New Jersey Mutual, In ac- counting for the million or so of dollars that was supposed to have gove into his possession Mr. Walker said there was $200,000 at Albany, $100,000 at Tren- ton, some $300,600 in premium notes, and a like amount in deferred premiums. He said that ‘no property at all of the New Jersey Mutual bad ever been properly assigned vo Noyes, but the instruments for tnat purpose had been left unsigned by Mr. Stod- well in the office of Messrs, Boardman & Boardmi Mr. Walker claimed tbat tho parties most deserving of diame in the whole premises were J. H. Leg 7 Pres- ident, and Daniel J, Noyes, attorney of the New Jer- sey Mutual. He expressed surprise that no steps were Deing taken to bring these persons to account, ‘Aneffort bas lately been made to release Daniel J. Noyes, the former uttorney of the New Jersey sutual, from the charge of couspiriug to defraud the policy holders. The warrant for bia arrest was made out more than months agu bus has never been served for reasous best known to Mr. Noyes, The principal foundation tor tbe charge is the obtaming of # jarge amount of bogus mortgages on prop- erty worth perhaps one-fourth of their aggre- ato face value, A revelation of theso transactioi rst appeared in the Henao in December last, Noyes bore 4 prominent part in ail the important business matters of the company and recent investigutious bavedeveloped much of bis handiwork, Hts informa- tion is very Compieie, and it bas been suggested that he could render valuablo assistance tn woravelling some of the problems that array themselves before Receiver Parker, The iatter gentleman could not, if he desired, grant the immunity asked for Noyes, proper authorities to bring about such an arrangement it possible, : A report has been tn circulatfon that Receiver Pier- son had found a very rotten condition of afluirs in the North America. The representative of the receiver Stated yesterday that such was not the case; and though they haa tound muny complications, they were no; of an unexplanatory nature, Mr. Henry J. Furber, President of the North america Life Insurance Company, is summoned to appear this morning before the insurance Committee of the Legis- lature at Albany, CONTINENTAL LIPE TROUBLES, ‘The receiver of the Continental Life Insuran pany, W. R. Grace, filed a statement, vesterdi office of the Kiugs County Clerk, He has rec money $230,626.11. The money on band js aimosy wholly on deposit with the New York Life and Trast Company, pursuant to the order of the Supreme Court. Mr. Grace also tiled bis affidavit in bis uit against Rufus ©. Frost, a iormer of the company named, setting forth that Frost had con- tracted with the company totake certain lite annuities; that for these annuities he sudsequently received from the company $32,060 68; that the coutract was fraudu- lent in its inception, and ts tilegai and void, and the payment of moneys thereon was a fraud, and that the: {sa good ground of action for the recovery of the money, and that Frost, though a resident of this State, has absconded, intending to defraud his creditors. Justice Gilbert, of the Supreme Court, granted an order of publication in the latter case yesterday, CAPTAIN KENNEDY'S TRIAL. EVIDENCE OF THE PROSECUTION AND DE- YENCE—WAS COLUMBIA OPERA HOUSE IM- MORAL, ‘The trial of Police Captain Kennedy, of the Ninth precinct, was resumed yesterday and a number of wit- net for the prosecution were heard who did not testify much that was new. For the defence, John P, Faure, of No. 238 West Eleventh street, Superintendent of the Sanday school attached to the Church of St John the Evangelist, corner of Waverloy place, was first called. He stated that he met Captain Kennedy one night in Bleecker strect, and that officer said to him; “Mr, Faure, 1’m troubled about the Columbia Gar- den, 1 wish you would go and ascertain by personal observation whether there 18 anything reully objec: tionable ip the place, or sufficieat to warrant your swearing a complaint against it,’? T thought I would do this, the witness continued, ly as Ihave no desire that the place should exist tu our ward; I therefore asked several other Sunday sebool superintendents to accompany me on my visit; Mr. H. Healy, of the Jane Street Churcn sabbath school, did 80, and without acquainting the Captain of our Intention in the matter, we entered the place some time in December, I think; the witness con- tipuing said that neither be bor Mtr. Healy found any- thing that would justify them in making any such aill- davit, Tuey reported the same to Captain Kennedy. Mr. Faure a ived the dresses of the daucers as those ordinarily used in the ballet, and said the pieco called “The Sculptor’s Dream” was not indecent, ‘he can- can was merely a set dance of ladies dressed in maie and female ature. At the close of his testimony Mr. Faure arose to a question of privilege and statea that BG did not testily in this manner to benetlt the Opera House, which he wished was removed, but in simple justice to the Cap- Auin of tho precinct. Robert Peterson, a carman, of No, 257 West Twelith street, was nextcalied. He is a greyheaded old gentlemady, of between sixty and seventy vears, if not more. He related that he spent severat hours in the Columbia Opera House, visiting there from time to timo, but that he hever saw anything very remark. able about the performance or performers; the cun- can was a tatne affair, not more exciting than country dances in old times. Oliver B, Stout, a reporter; John Pennell, Superin- tenvent of the White Star line; Clarence A. Burtis and Whiting R Merritt, No, 97 Sixth avenue, testified to the good order preserved at the place and to the abseuco of anything like immorality in the performance. Ser- geants at aud Chrystie, Roundsinen McCurthy, Wise- man and Folle also testified that they had been sent in citizens clothes by Captuin Kennedy on different occa- sions to ascertain in person whether compiaint could be made against the place. But each time they had returned and reported their inability to swear out a warrant; nothing immoral was presented, Captain Kennedy then testified in his own dena’ denying all the charges and adverse testimony ot t prosecution, and reiated how be had been refused a ‘warrant for the arrest of the proprictor. This closed the case, No decision was rendered by the Board, A YOULHFUL SWINDLER. OVER ONE THOUSAND DOLLARS’ WORTH OF JEWELRY OBTAINED FROM DIFFERENT FIRMS BY FALSE REPRESENTATION. Christian Kniering, alias John Hand, allas John Kramer, a young man about twenty years of age, was arraigned before Judge Wufly, at Essex Market Police Court, yesterday afternoon, on five separate charges of obtaining goods by trick and device and one of grand larceny. Kniering bad been an apprentire to August Bergstein & Son, Jewellers, No. 32 John street, for some time, and had acquired a thorough knowledge of the business and become Well acquainted among the trade, so much 6¢ that he was able to obtain trom several large jewelry houses different quantities of valuable jewelry, which he represented he wanted for some otber frm, «ppropriat- ing the goods received to his own use, Aithough @ number of people have been swindiod by him during the past six mon ‘hs and several complaints had been made he was not 2 ge ull yesterday, when he was arrested at No. 33 Bowory by Officer Kroner, of the Tenth precinct. The following ts a list of some of young Kniering’s achievement: THR VICTIMS, Last November he obtained three gold watches, val- ued at $260, trom William Davis, of No. 109 Myrtle avenue, Brooklyn, Subsequently be gotfrom Lincoln, Tit & Co., of No. 194 Broadway, threo dozen gold neck chaing, valued at $200, Mrs. Emilia Mingay, ot No, 32 Joun street, he victimized out of two gold watches, valued at $150, From Mr. August Bergstein, his old empioyer, he obtained half a dozen sets of jew- eiry, valued at $300, Charios Fobrer, of No. 95 Fulton Btreet, from whom he obtained a quantity of jewelry on the 27th of December, obtained a warrant for nis arrest on the 19th of January from Judge Duily, at the Tombs This warraut was produced yesterday by Olticer Braisted, of the Tombs Court squad, who has been looking for Kniering ever since. Besides ail these charges Mr. John Hulk, president of the social organization led the =X. Coverie,"? testified that on morning of the uth of Uc« tober, 1876, Kuiermng came to their ciub room at No, 402 Filth street, represenied himself as a member of the ciub to the janitor, aud obtained the key to the room, On that occasion he stole a silver pitcher, billiard bails, @ fancy cue, and other articies Valued at over $114’ There were four complaints made against the prisoner yesterday afternoon, and he wat held in $1,000 bail to answer h. Oilleers Kroner ani Braisied said there jout twenty other persons who had been victiinized by him, and they would in all probability come forward when they learued of his arrest. A number of pawn tickets representing jewelry were found on bis person, A POLICE BRUTE DISGRACED, the The Brooklyn Board of Police Commissioners met yesterday Jor the purpose bf coneluding the examina- tion of the chargea preferred by citizens against Officer Michael Cleary, of the First precinct, who beat Mr. George Batty in such a terrible manner avout a week since, The officer's counsel was not present. Under the circumstances it was considered right and proper that Cloary should be present during the pro- ceedings, but when District Attorney Britton was com- municated with, that official stated that he could not consent to have the prisoner brought from Raymond Street Jail, where he is at present confined, stating that nothing but a writ of babeas corpus could remove Cleary trom his cell, Upon tearn+ ing this, Commussionor Pybura informed his associates Judge Troy, counsel for the prisoner, desired him to state that the Commissioners might eo the caso without further consideration, as he should not cross-examine the witnesses who testified lor | the prosecation, as he intended aoimg. It was then moved by General Jourdan that Oth- cer Cleary be reheved of his uniiorm and ciob and be expelled from the Brooklyn Police force. ‘The Chiet Clerk was thereupon instructed to inform Cleary that bis expulsion would date trom Maren 24, a# Mr. Batty, the injured man, waea trifle better, and hopes of bis final recovery are entertained by his vonds, but he js not yet out of danger, Cleary was rougit from the jail yesterday morning and taken efore Justice Walsh, when he Was recommitted to Wait the action of the Grand Jury, |A WALL STREET “TUMBLE.” THE EXCITEMENT OCCASIONED BY 4 SUDDEN FALL IN PANAMA AND PACIFIC MAIL—STATE- MENTS BY BOTH CORPORATIONS—AN OPERA- TOR’S SUSPENSION, The liveliest furry that Wall street bas known for some time broke upon its lately tranquil atmosphere yesterday like a storm trom a clear sky. Karly in the day there began to stir murmurs of trouble in Panama Railroad affairs, and as the afternoon approached Rumor loudly prociaimed that the Panama Railroad party bad borrowed at par on their stock while holding it at 120 in order to keep their loons undisturbed at the banks, A large block of Panama stock, it was said, had been offered to @ capitalist at par, The company bad no actual funds on band for dividend purposes and would not unui {t collected notes due from the Pacific Mail Com. pary. The following was issued as the Treasurer’s state- ment:— though it is said that steps bave been taken with the | | Standing loavs against said assets. Cash fo bank......... tegeee s+. $10,483 Balance due as for discounts of subsidy ac- count annexed + 10,040 Funds in Loudon ‘ 5 investment in Panama Railroad Company stock, 900 shares + 112,500 Due from P: 807,056 14,336 19,129 > 94,165 $802,769 LIABILITIES, Interest on standing bonds due April 0, 1877... sy $07,790 Isthmus drafts, 5,410 Cash bill, ee 2.587 Drawbacks on Columbian produce, 200 $106,987 Surplos = $695,782 The $04, we excess Of Value of collateral Joan mado to the company. DISCOUNT OF COLUMBIAN GOVERNMENT SUUSIDY. Subsidy due from Colombian government on April 1, 1877.....+ aeeeeeeee + $413,782 discount of gub- presents the held by said fund for sidy, with interest... 403, 692, BAIANGG! 5 slekderscnshoddnexecaoavacecanes:, SAOOML As all outstanding loans now due by the company were contracted solely for the purpose of discounting the subsidy payable to the Columbian government up to February, 1879, the above account will explain the item of $10,040 given in the assets of Treasurer’s statement Notwithstanding these figures and tne declaring of the dividend the stock went down from 120 to 100 and the latter was offered down to 90 with only 70 bid, some being sold at 80, At the same time there was asharp deciine in Pacifico Mail, whicn touched 13}s, afigure lower than {t has ever gone to before. Mr. ‘Trevor W. Park was very eagerly sought during the excitement, but ho had left his office and no one knew when he would return. Rumor was busy with his nams, people on the street. saying he had “laid down on bis contracts;” that be was largely interested in “pute?’ and was avery heavy loser, There was no one to say just what the truth was in regard to ali ements, and so the flurry continued. He left day atan early hour, pleading illness, which was his pretext for refusing an interview tou HERALD reporter at his house in Brooklyn last evening. 4 SUSPENSION, Before the Stock hyper closed the suspension was announced of Mr. John Pondir, of Exchange place, an old member. The amountot Mr. Pondir’s liabilities was not ascertained, but they were said to be quite large, and were’ traced by current report to ‘ong’ transactions in Panama. Other reports traced Mr. Pondir’s embarrassments to operations in New York Central, but Mr. Pondir was not communicative on the subject himself, He , however, to the host of people who filled his office in the course of the atternoon, ia the words of the parable, ‘‘Huve patience with me and! will pay you all.” To the reporters he eaid substantially tho Same thing, asserting that he would settle bis affairs by paying 10u cents on the doll: THE PROSPECTS TO-DAY, The alarmists yesterday predicted a lively continua. tion of the flarry to-day. Liquidation will bave to fol- low the unseitling of values, and it is predicted some- body will get burt in consequence; but then Rumor is always making predictions in Wall street, and some- body is always getting hurt there atter such violent changes. 1t was impossivle to ascertain whether any ‘banks were affected by tne tumble in consequence of the indefinite and unsatisfactory nature of the stories afloat and the refusal of those chiefly concerned to speak about the subject of all the excitement, ‘THE PACIFIC MAIL STATEMENT. The following letter and bmi imiele Ayla d were furnished for publication by the cifie Mail Steamship Company late last night. Thi most in- feubtioss, be able to give them their No 6 BowLING GREEN, Nuw Yor, April 3, 1877, To rue EpiTor oF THE HERALD : T tement accompanies the report of the Presi- Company, made to Orvice Ov Pactric Mar Steamsnip Company, | dent of the Pacific Mail Steamship the directors to-day, and shows that the indebtedness: has been reduced from $2,003,078 79 on May 31, 1876, when the present administration took charge of the company, to $1,081,249 35 on January 31, 1877, and such indebtedness has beon still further reduced since that date, Respectiully, AMOS ROGERS, Second Vice President, STATEMENTS SHOWING CONDITION OF THR PACIFIC MAIL STKAMSHIP COMPANY. On On May 31, 1876, Jan. 31, 1877, $599,590 04, O11 72,834 41,635 119,472 60,000 Pi Special loans, ... 400,000 400,000 Panama Railroad Company— In addition to notes « 635,168 184,113 + 60,819 11,013 + 28,256 Passage credits and orders... 11,705 8,243 Unclaimed dividends........ 4,404 1.644 Due steamship companies... 14818 18,786 A. . y = 1,606 as 9 Fi Unpaid bills, Ni 65,227 €3,000 Cash overdratte— New York. + 17,463 Yokohama B7,152— 54,615 23,641 J. Le Morgan & Go. ana Me- Cutloch & Co..... vee 21,263 7,361 Gilles & Co, and Isthmus drafts « oveses 6 218 10,939 Steamship Costu Rica judg- MOML....seseccseceeseeess 48,000 20,000 New York taxes 1874 claimed in suit, int peni New York taxes Due from agents 20,141 ‘Advanced charge: % 4,818 United States subsidy, . 83,333 Colin McKenzie. 792 Due from steamship com- panie abs Jonn & ‘ 4 18,865 Gilles & Co.... a = Owners steamehip 2477 2,477 Due from rasiroad: - 185,785 Due from Central American and British Colomal govern- menis, - 65,000 Due from G. RK, Dibbr & Ci - $020 Due from Australian govern- DCvtUs 00s sevens seen eases + $2,003,079 The coal supplies and stores on hand exceed in value, at present prices, $600,000, THE MANAGEMENT, Ata late hour last night the following further ex- position of the work of the management was received :— Orrick or Pactric Matt Steamsntr Company, No. 6 Bowiino Gnukx, New Youx, April 3, 1877, To tHe Dinkcrons ov tun Pactvic Malt StkaMsuir Com PANY: GENTLEMEN —Pursuant vo your with a statement of the condition of the company aud iu operation unuer its present management. ‘On the Sist of May, 1876, its debts, deducting ensh assets, were $2,008,078 79." On’ yuo Bist of January, Io: they were, after deducting its cash assets, $1,081 B4y 8: debts since that time beot still further reduced, It wii appeur ‘omparison the condition ot ‘the cow 8 showngby the accom pan tug statement, thut whth asing the ettictency of the servics, and without disposing of wny of its property or as '# indebtedness has been reduced at an ver $100,000 per month since the present Bon cepted oftice. Tu consequence of difticulties which had arisen between this company under the preceding administration and the Panaina Railroad Company the business of this company upon its most importuut line—that between New York, meriew and Cali rayne wed U solution 1 present here contract p) and having entered into an exclusive Panama Transit Steamship Company, company ail the privileves and advanwiges whieh this ¢ pany hud previously enjoyed, so that ducing the months of ‘April and May tuis company had ceased to carry freight between New York and San Franeiseo. Upon assuming direction of the company's affairs it was found mot merely that th above amount of indebted nes Was owin, an indebtedness which cannot H In comparison to the valu but, ropercy t rompany’s iidentednees and abilities The new Board were thus deprived of the power to raise money for the use of company, wither upon the security of Its property ot upon ite bonds It also found that the credit of the company negotiable paper selling t, Persons holding large y, and to whom double tho {ven us collateral, aginst the amount in bonds had be their clulins, advertised they Id took Under these ‘aa in . to ny olream) directors were ta to valen tha nnmnwne, the necessary moans by their own personal credit and re- sources, whieh they aided Uberaily by the president of the Panawe Railruad Within the first five weeks the use of the company between ty in a We. SBE ents of for ihe compane’s debt, The con! re to nes, of the company besween Ne ‘This was done under au arrangement with the Panama ‘Transit Company, made with the consent of the Panxma Rallrond Company. seeuring to thie company she necessary e under which the Meets of the two companies are in harmony. w management, has as far as practic ad the opel a solid business basis, general expenses hive over wyear, The the present bas be short time ager: been in charge, and the attention demanded by financial ment of all the pure the business and profits of ‘been accomplished hur been re- mutters, have prevented the acc poses designed tor the company ; but ne in this directii he company placed in the hands of p ability and lnrze tuflu has been di The business upon oped. Those whi lant yeas The company lias ‘and materials at all its avencies. Its ships have been pur in «xvellent order, and the City of Pekin: and the City of Tokiy are now performing entirely satisfacto trader The City of Tokio” han b ome ry service in the CI placed. in an sncvele expense of over $129,000, whicl pense accomnt. | 4 itsol! capable of enduring and difficulties, and it ts the only company left ¢ Americati flag to numerous toreign ports, i cse of wir, could be added to the naval 11 bas the capacity of rent enlure- ment avd increased usefulness, aud, if properly fostered denefiting the whuie productive and commarcia will not be left or supremacy thas the government of eins aid it by a proper n of the Important postal and commercial service recount whien it renders. The nutack whieh 18 being made on this company has no Justiteation in the condition of its property ot busines Considered as & private enterp! it would be de cesstul and of satisfactory prospects, Nothing is ue ou the part of the stockholders to suve their valuable prop: erty bus to refuse tu sacrifice it to fraudulent misrepre- Sentations And practices. Respectfully, WILLIAM P, CLYDE, President. ADULTERATED MILK. WHAT HAS BEEN DONE TO PUNISH OFFEND: ERS—WHO AID AND SHIFLD THEM, Sanitary Superintendent Day, who has for some time back been on the lookout for milk adulterators, and to this end has placed men at the ferries and rail road depots, yesterday rendered the fullowing interest- ing report to the Board of Health :— Saxitany Bunxav, New York, April 3, 1877, To tue Boand oF Huauin ov ‘tux Wuairn’ Duranraxse ov THe Crry or New Yore:— ] have the honor to submit the following report upon re- cent inspections made by the direetion of the Bourd, with reference to the watering of milk atthe ferries and railroad | depots. ny ‘attention having been called by Assistant Inspector Joseph G. O. Kowland, M. D., to the ‘extent to which milk | reaching this city, through Jersey City and various rail: Toads, underwent 4 process of watering at the depots and yn $l ferrybouts. Un the nigntof the ith fi and the morning of the 12th, in company with Inspector Lock wood, M. D,, I visited the proper localities and be satisfied that the watering of milk was being carrie very extensively. Witn the Boata’s approval, therefore, 1 detailed to As sistant Inspector Rowland five wistant inspectors or em. joyes, giving him special instructions as to the kind of fs well as a general Pp nformution necessary to be obtained, tan which it was thought advisable to follow. Owing to a Inixapprehenston on ao importunt polns regarding evidence, aud tue novelty aud inherent difficulties of the servive, the first avtemp: was not signally suceosstul, athough water wae seen to be profusely added to the milk, and vaiuablo information was xained for future use. ‘The plan did nos contemplate » seus rather careful working up of the fact some wide aud effective action on the part of the Board. ‘On a second inspection it was found that most of the milkmen on the fecries had been warned by the ferrymen, who were in, collusion with them. We succeeded, howey in spite of this, in observing number of the former that morning in the very net, and it {8 hoped they wil speedily be brouxht to Justice. tons at s0 early a stage of the inspe them to suspicion and thus prevent @ future and larger har- though they saw extensive watering, were ung- bie in most cases to identity the culprits, Then, too, we nights were dark, the lights flickering and uncertain, and the drivers wuitied up and practionily disguised. In'very the “waterers” used water, colored with a little hey call it, “bleached,” and this was difficult of jout the discovery of the inspector also. jonal raid. bat with a view to detection w Some skimmed the milk on the spot and apportioned the the cans; some added » thickened fluid to ‘up “aud tasting the mixtare, while a skim milk amon, their cans, stirring others took the water with them In acan to the depot, from this witered right wd left. ‘fo one who has wate! rr driver dn the boat or in the ferry truting shis fraud there is something grimly he flwriny r “Puro Milk’ on is cart, An i having Just cl terating his milk, asked an officer “whut the drivers were doing all up thar, and neizhbvoring blocks?” the noise of the dippers resounded so in the still morning air, He an- sworca that they called it “mixing ‘black cow's milk,” ‘The inspectors say that, until they know themscly iu watel the witkmen went at their work most Dusiness-like manaer as if it wad a inatter of cours Tlonrn from one well versed in this affair that « large proportion of the farmers slong certain railroads habitually Rad four quarts of water to «forty quart can, * it is common talk with them,” and that there is no concealment about it, ‘lt pays for'the wear and tear to cans and wagons,” and in fact they say “the milk really keeps longer when watered.” The results of this inspection thus far are us follows, ‘xcorge Laemmle, No. 97 West Houston street, bailed in the sam of $1,000, Joseph us mie, No. 87 West Houston str bailed in 000. thy SUimee, RO. 227 South Fifth avenue, bailed in the sam "8500, i eae No, 22 Broome street, discharged by the Judge »: istak » Weike, No. 235 East Fourth strect, bailed in the sum f vO, of Ferman Meister, No. 122 Norfolk street, balled in the ‘Adolph Mersezer, No. 336 Eant dis- harged by mistake of the Judge. cunjaoph Sucillo, No. 220 Bust Third strect, held in default of bail. William Vitsgerald, No. 74 Laight street, bailed in the sum of $300, John Lynch, No, 180 Hester street, held in two cases, each $300. Josoph Cullen, No. 180 Hester street, bailed in the sum of $300, J. M, Sullivan, No. 71 New Chambers stroet, bailed in the sum of $300. Oe H. Schulte, No. 113 Stanton street, bailed in the sum of $300, _A. Fichen, No. 175 Orchard stroet, bailed in the sum of M. B, Polinsky, No. 502 Sixth street, bailed in the sum of Houston street, ‘Conrad Plate, No, 218 avenue B, bailed in the sum of $300, F, kbling, No. 620 Kast Tweifth street, bailed in the sum of $300, Georze Bart, No. 410 East Fifth stroet, bailed in the sum or ® George Keellard, No, 185 Third street, bu! of $300. Jers whom we havo Tue great majority of reason to know waver wn have their own groceri ment house population. ' O1 a have several times found mile below the standard has protested that be sold his milk as he received it from his farmer, has a son and an employe in the wbove list who were sven in the very act of watering. ‘The wsk of w resting this deteriorated milk supply r chietly with the Buard of Heaith, The rich or we charige their milkman ilk, are practically nent house block, oF to the the small d re next one, which nay be worse, ‘The observation of sanitary laws during the last ten years hus diminished the death rate in tds city among children under five years of aye from 53 to 48.25 per cent, and this decrease hus been gradual and steady, year by your, with searcely an exception, showing (hat is was not acei Nor, apart from epide J atmospheric causes, ‘Avy reason to suppose the improvement must end Vrominent among the causes conspiring to make the children of the poo an ensy prey so slokness {a insutticient food, and where the peculiar aiiment of children is robbed iderable a degree of its ite sustaini: ower iy is laln that thelr vitality (s proportionally undermined, This fuspoetion would have been highly successful: the feld was ripe tor the reaper, nud not the terry hands deleated it They took pains to do #0, pointed out our men, held » lan. teru to the face of one betore » crowd of rs.” and all they could to f Hoard of Hewita;” * there's one of them down wt tt ev's co down und mash him.” Word: ese were often heard by our Men, Of course they could do little, aud some personal risk it they hud been there on a bad errand reatment they should have expected from true. pectfully suggest that ff the attention of the Board of Health and police of Jersey City were calied to this matter they could do much to embarruss the milk wa- terers in their frauds All of which {9 rey WALTER De ¥, THE JUVENILE GUARDIANS. etfally submitted. AY., M, D., Sanitary Superintendent, Chief Justice Daly heard the concluding argument yesterday in the suit of the Now York Juvenile Guardian Society against Theodore Roosevelt and others, the Examining Committee of the State Board of Charities, which is brought to restrain the publica- tion of aileged libellous and defamatory artict about the condition of the society, General Bar- low spoke briefly in elaboration upon the points raised in his affidavits tuily pablished in yesterday's Henatp, He contended that the Court had no power to grant the imjunction asked tor, and that the Attor- ney General was the only party’ baving authority to interfere With mombers of the State Board of Charities in the performance of their duties. He enlarged at Jength upon this and other purely legal points and in conclusion asked that the temporary injanciion al- ready granted be disso! Chiet Justice Daly took the volumimous papers presented in the case and pros mised an early decision,’ A CRULL MOTHER, On the night of the 22d of March Catharine Geer, a young girl aged twenty, threw her newly born (niant over the fence between the house, No, 222 Bast ‘Thirty-tirst street, where she worked, and the house next to it, No. 220, She was taken to the Twenty-lirst precinct station house, but the police surgeon de- clared she should be in a hospital as she was quite ilk She was accordingly removed to Bellevue where she remained tli yesterday, when, having ciently regained ber health, she was arraigned beloro Justice Smith at the Fifty-seventh Street Court. She said she Was untnarried, and thatshe bad thrown the RAPID TRANSIT. DECISION BY THE COMMON PLEAS, GENERAL TERM, IN THE NINTH AVENUE RAILROAD IN© JUNCTION SUIT—-BOME GBAINS OF COMFORT FOR ELEVATED RAILROAD T&AVEL.LERS—THE ATTORNEY GENERAL ALONE CAN MOVE, Tbe question of rapid transit seems to be dragging its slow length along in the courts, with about the rate of progress of our street railway cars, Severay months ago a suit was brought by the Ninth Avenue Ratlroaa Company against the New York Elwyated Ratlroad Company, which has, after the usual variety of motions and counter motions and the trial betore Judge Van Hoesen, in the Court of Common Pleas, fivally reached # decision in the first appellate tribunal, The suit, as will be re. membered, was Drought to restrain the Elevated Com+ pany from running their cars above Thirticth street and 1s practically intended to compel the disuse of rapid transit above that point On the trial of the case before Judge Van Hoesen the complaint was dis- missed and judgment given for the defendants on the merits. It will be seen by reference to the decision of the General Term of the Court of Common Pleas, Judge Daly writing the opinion substantially givea velow, that although affirming the judgment of Judge Van Hoesen, it ts distinctly stated that the structure above Thirtieth street is illegal and @ com. mon nuisance, CUIRF JUSTICE DALY'S OPINION. The Chief Justice bolds that the decision of the General Term in the Patton case dispo: of the ques Hou of the power of the defendant to erect any struc- ture above Thirticth street, In that case ib was doe cided tuat they bad no authority to make snch exten sion, the time limited by statute to make such exten+ sion having expired, ‘The act of 1875 giving this power Was unconstitutional and theretore inoperative, It was urged that the passage of this act was a waiver on the part of the State of the forfeiture which the Legislature wight do without Violating the amended constitution, ‘The Court holds, however, that the de. cision in the Patton cage i# ros adjudicate in this court and must be adbered to, THK ATTORNKY GENERAL'S POWER, Tho Judge says:—But, although the structure north of Thirtievh street must, under this decision, be regarded a8 4 common nuisnoce, being without au« thority at law, 1t dues not toliow that the plaintilfs, the Ninth Avenue Railroad, are entitied to an injunction against the maititenance of it, unless it appears that jained or will sustain some peculiar and a injury greater in degree and different in kind from that of the public generally. 11 they bave not oF will not they have po right of action because it is a nuisance; but it is for the Attorney General to bring the proper action to abate it on bebalf of the people. The platntiffs can maintain no action except upon the ground that they have or will sustain an injury greater or differont from that of the community in general; nor even thea are they entitled to the kind of equitable relief which 4s sought in this action, unless the injury is of a sorious or irreparable character and there has been diligence on their part in applying for it ‘TITLE TO THE STREET, On the trial tt was claimed that the plaintiffs were the owners of the franchise to run and operate a ratiroad through Ninth avenue, and thus sought this injunction, claiming that they would be peculiarly und specially injured in the uso of their road and the discharge of their duties to .he public by tne construction of the Elevated road. The Court holds that a grant to the exclusive uae of the street for a railroad must be made on terms and cun- not be acquired by implication, and their grant did not exclude the Legislature trom granting to the de- Jendunt a rigut to consiruct an elevated ruad along the same avenue. although it might impair the value of their franchise previously granted to the plaintiffs. CAUSES OP COMPLAINT. The specific injuries which tue plaintiffs claim te hat the plaintiffs ide of the off the track, to enable other vehicles to get off it easily when the puintiffs’ superior rigitt to it bad to be anserted 5 ‘that tois space has been abridged by the dejendants’ structure, to the inconvenience and detriment of the plaintiffs in conducting theirraiircad; that it impedes acvess to and egress from their cars; that there ia Jees use and facility in keeping the track clear ul other vehicles and a greater tendency to crowd the tracks with other vehicles. Second, that the columna on which the structure stands interfere with the performance of the duty which sbey are required by their charter to discharge of keeping the space of two fect on each side of their tracks at all times in thorough repair; third, that the projection of the upper part of the defendants’ struc- ture, which weal for about one foot and two inchea over the roof of their cars as they pass, interferes ‘with the summary mode resorted to by them in win- ter im removing the snow aud ice trom their track; fourth, that the dripping of water and oi! from this upper structure damages the roofs of their curs; fifth, that the existence of the defendants’ structure and the use of steam dummies upo and thus impairs the lastly, that the effect of this elevated road, which be« youd Thirtieth street is unauthorized by law, is to di- Tect passengers from their road, who but for the in- ducements heid out vy the Ktevated Railroad would travel in the plaintiffs cara, Judge Van Hoesen, on the trial below, decided against the plaiotiif upon ail these points, and tne Chiet Justice thinks hig finding is tuly sustained by the evidence. je Chief J) ‘ice then enters upon a discussion of these alleged special injuries, giving in elaborate detail his reasons for granting an injanction because of any of the injuries complained of, and in conclusions says:— TOO LATE FOR AN INJUNCTION, “This is sufticient to entitle the defendants to an af> firmance of the judgment, without considering the additional reasons given by tbe Judge bolow that it ia mory than three years since the defendants began the construction of their road the plaintiffs, having their own road in the same avenue, necessarily knew what tho defendants were doing, and, baving suffered them without complaint to goon for aconsideravie ime in putting up # continuous and expensive structure, have them enjoined {rom using what they bave erected without any objection or complaint being, in tha course of the erection, made by the party afterward claiming that he bas or may be tojurea by it—a just and equitable rule that has been appiied in numerous cases, * * * Whatever injury has arisen or ma: arise from this unauthorizied structure the plainti! Sbare ‘no common with the public, the remedy for which is an action by tho Atworney Gonerai on vohalt of the people. They have not snown that ti sustain any greater or different injury tuan may aris to any one in the use of the street, So fur as there bas been any lu-s or injary to them, it has einer been of a very trivial kind, or such as can be fully repaired by an action for damages, 1t bas not been of acharacter to justify thts Court in interposing its equitable power to stop the turther run= ning or use of the Elevated road upon the sole ground of tue great, peculiar or irreparable injury i will or may do to the piainufle’ road, Ihe judgment shoula be affirmed,” DISSENTING OPINION, Judge J. F. Daly writes a dissenting opinio! which he staves that his impression is, 80 far as the columns immediately adjoining plaintifts’ tracks aro the decretal injunctivn asked for should have been granted. PUNISH THE GUILTY. Norristown (Pa.) Herald: ‘We are not as blood. thirsty as some people, and are, therefore, opposed to shooting all the Mormons who took part in the Moune’ tain Meadows massacre, They should be hanged.” umaha (Neb,) Herald :—"Justice demands that the whole truth shall be known in regard to the worst crime ever committed in America, Wo trust that Brigham Young himself will aid and assist in search tng for it, a8 he claims to have done before.” Hutchinson (Kansas) Interior:—'*Lee’s confession means death to the Mormon Church, May this twin relic of barbarism that has been a dark spot upon the fair eacutcheon of American civilization be wiped out speedily.” Dayton (Ohio) Democrat:—‘Notwithstanding thes¢ assertions of the Mormon organ, the fact still remaing ‘that tor many y after the perpetration of the mur der he toox no measures to expose and punish the meq who were engaged in one of the most bloody and fear ful outrages ever committed on this continent, though all the circumstances of the crime muat have bees fully known to bim.” MEMORIAL TO JOHN OXENFORD, To Tuk Epitor oF THE HERALD: — + Lbave juat received a letter from Mr, Frank Marshall (author of ise Shame,” &e,) stating that it is pro~ posed to erect \ Landsome memorial window to tha momory of the late John Oxenford, theatrical critic of the London 7'imes, in St. George's Cuthearal, South wark, where the requiem mass was celebrated on tho day of bis funeral = This window will serve as a lasting, record of the reverence and affection in which Oxen~ ford was held, not ony by his personal friends, but by” those of the dramatic profession and the public woo Knew bim only through fs writings, It has occurred to me that not only the English actors now resident in this country, but the dramatic critics of America and the leading members o profession here will ve gind to unite in this monial to a groat critic and a good man, ‘The cost of, the window will be about $600, and America ought to send over ut least ball that amount, Perhaps you wilt ‘mit contributions to be fors warded to the Hxna: The committee appointed in London to receive them aro F. A. Marsvall, No, 40 Lowndes street; James Davidson, Times office, Henry Irving, am Theatre; 5. 4. Banerott, Prince of Waies’ mund Yates, World oMev; Lord Alfred Page enild over the fence. She was, however, out of her mind at the time from tretting and sickness, and did not recollect har adtions, She was held im $1.000 bail Royal Yacht Club; Arthur, Swanborough, Hkrau ‘Yheatre, and, you eotiully, STEPHEN PISKis, Fivtu Avance Taxatha. Kester Moudaye they cannot afterward apply to @ court of equity to |