The New York Herald Newspaper, May 2, 1877, Page 5

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

NEW YORK HERALD TWEED'S STATEMEN Attorney General Fairchild Refuses to Disclose the Contents of the Paper in His Possession. NOT SIGNED BY THE BOSS, Senator Morrissey Gives the History of the Legis'ation of 1870. ‘TAMMANY'S ARMY IN ALBANY. Aunany, N. Y., May 1, 1877. Tho committee appointed by the Senate to investi- gate the charges against Senator Woodin met this morning. RVIDENCE OF SENATOR PARKER. A. X. Parker, sworn :—Was a Senator in 1808, "69, 170 and ‘71; {40x um active part in the various bills Q: State, if you please, the reasons, x0 fur ns you Kno them, that'caused the republican Senitors, during the se: sion of 1870, to vote for the bill known ‘ax the "“Twee Because the charter offered etter thin ws applying then to the city of New York, we kept a consider mber of the in office; the prominent re ton law passed which we desired as 0 party, top the alleged fraudulent yottng in the city of mesure New York. Q. Do you know of any money being nsed during that jon or promised to any Senator to influence his vote ? A. Ido not. 9, Do you know of any improper. influence of any kind deing used in relerence to Senator Woodin's vote? A. ldo Deb: nur of Senator Winslow's; know of no money or in- fluence ued'to senre the vote of any | Senator on the tax Jevy for the vity of New York; know of no tact or cireum- Stance tending in any manner to inuicate that Senator Woodin's vote or thato! any other Senatur, democrat or Fepublican, was influenced by anything but proper motive think Mr, Greeley was in favor of the charter, - Ci Did you understand thne, any money wax raised for the Purpose of influencing the Legislature? A. No. By Mr. schoonmaker—Did you understand for what reason Mr. Twoed desired the republican votes for tho charter? A. Well, I had the understanding that it was to uve the charter passed, and probably also to administer tomo discipline to a faction of the party. . You underssood that the arrangement would leave certain repablicnn officials in office, and was & conces: ‘on $he part of Tweed to the republicans so secure their vot for the charter? A. Yes: there wax & memorial of th Citizens’ Association sent up from New York in favor of the shart nd # pelition signed by Moses Taylor and gome others; ulso @ resolution by the Republican Union Jommittee, urging the republican Senators to support the charter, Recess until three o'clock P, M. ATTORNEY GENERAL PAIRCHILD A WITNESS, The committeo met at three ?, M. pursuant to ad- Journment Charles 3, Fairchild, sworn:— Am Attorney Gene: have been such since 1876; was subpeenned on Friday Inst. Q. In that subpana you were requested to produce a cer- tain paper? A. Twas, . Did you bring wny paper with you? A. I did not. . The recollection of the Chairman is that there was an attempt to describe » certain purported roufession recently made by William M. Tweed and alleged to be in your cus- tody or under your control. A. 1 have no confession of Wiliam M, Tweed; Lhave just been looking at the testi- mony of Mr. Townsend, who is Mr. Tweed's counsel, whion he spe: is a statement sume, made by Mr. Townsend of what he says Mr. Tweed would testity to. peti ne Paper Is not signed by Mr. Tweed? A. Not signed y Tweed. . Was any affidavit attached toit? A. No. . Aro you willing to produce that paper? Tam not, Do you desire to state your objections ? A. My objec~ tion is thas the paper which was brought to me by Mr. Townsend purports to be a statement of certain testimony which Tweed would give provided the State would grant him certain immunities—namely, to be at large. Will you exhibit that paper to the committee for thelr a tA. No, 1 will not, es of certain document he gave me, which pm Were you in Albany in 1870? A. I was Mave you any knowledge of any fact connected with ject of this inquiry t. A, No, I know nothing about the legisintion as shat time at ail; the only thing { remem- der about that is meeting Mr. ‘Uden in front of the Stu Hull the day be came here to make his argument bolore Senate Committee against that charter; I von't know an thing nbous the charter; took no interest in those matters at that time. Q. In what manner do you hold that paper—whether un- der restrictions or not—uinder plovdzo of secrecy tA. T told Mr. Townsend that there should be no copy of it made nor any, publication made in any way whatever. uniess T ae teedod to thelr torms; I sald that [ might consult with per for the purpose of seeing ed was of vasue, By Mr, Spriggs—Where were, you, Mr. Fairchild, when you received the paper from Mr Townsend? A. In tl Attorney General's office, Albany. Q. When did you receive it? 4. It wastwo weeks ago to- ¥. at about eieven o'clock in tho morning. Was your attontion called to the article in the World of the 174 ? A. It was. 9, Did you receive thet paper before that article was publishedin the World? A. I think that was in the World ‘mn the morning ot the 17th: I read it at about eleven o'clock the morning of the 17th; i had not looked at the paper when my attention was gniled to the article in the World. Q. Between the time that you rond it and the time you saw the article in the World liad you sven Mr. John Kelly, of New York? A. No t Q. You had consulted Mr. Kelly after receiving it from Townsend ? A. Ni But you had consulted Mr. Keil, with regard to some statement which hud been made by Mr. Townsend with regard to it? A. I had consulted Mr. Keily as to the xeneral question of the propriety aud poltey af trying to make any use of Tweed at al Q. That was before you hud recciyed this statement ? A. Long betore that; weeks betore, ." And you had nothing to do with the publication of the article ? “A. No, sir. Q. Did it appear through any instrumentality of yours ? A.Lknew nothing about it at all. By Mr. arpenter—That paper came to you as Attoraey General of the xtete ? Yes. Q, Have you reached any conclusion yet with reference to the use of that pupe: Q. Nor ay to whether Mr. Tweed will receive the Immu- nity he asked for? A. No, have not decided that he shall Bs yet; perhaps, th would like me to give & history of what there { is affair with ment as to what any testimony is or anything that Mr, Tweed has sald of anything of that sort: T cannot xive anything thut is any clew to any subject of ingutry hero whatever: I do not preouse to give anything that has any bearing on the immediate subject of this investigation, tor Uknow nothing. wir to you that if you wish to n of your own actious— A. I d Hate anything in vindication of my own nctior Or communication that any newspaper published; ft i just to you, A. I don't care to do that; Mr. js Imprisoned in the Ludiow Street Jail on a civil srocess in detault of bail; there are also crimiual indictments sguinst him in New York; ho wishes to xet out of prison, aud in view of that he w riain letter to Mr. O'Co In December last, waich has published; before wny- thing was done about that Me, O'Conor retired trom havin, Anything lurther to-do with this litigation springing out oF the King imatters in New York in 1870; hat sime Mr. O'Conor had since 1871 been pra General in these matters; he had controi ward Mr, Tweed’s civil suit went into Peckbam. prior to this time commit TWEED'S PROPOSITION. ‘ Some time during tho present year Mr. Townsend camo to me one day at Aluany and wianed to talk with me nbout Athnt tweed wished to give up his pre be allowed to go at larg Itat all; Le at avout it again: T finally went Tweed at Ludiow Street Jail and tuiked with him. awhil atement was made or anything of that kind: 1 told i of use to the public wo would constder how whether it would justity doing anything for hiw, sequently there was little memoranda handed oy Mr, Townsend to me, or sent by Mr. Townsend, head things that he might’ give testimony upon: afterward, at Mr. Twoed's request, 1 snw him again at the Jail, aud 1 iin a second time ‘next day for n few monents, Mr. Tweed Rot making any statement tv mo, but talking generally about his situation and about affairs he bad been conuected with; then told him [ did not propos go ask ' him — questions avout — various — iuaividuals and people, but if he had any statement to make of frets that were within his knowledge to prepare such w statement and submit it to me, and I would see whether it was of any vaine to the public, whether it could be mado use of im any way so’ as wv justify doing auything for bim; before I saw Mr, Tweed at ally and after Mr. Townsend said to me that he wished to do this, T consulted with several people as tu their view of the Kereral policy of trving to muke nny ase of Tweed, what the public sentiment was on the subject, and, among others, Mr. Kelly, with whom 1 had seme vasiness in the Comptroller's ollive, in the city of New Yor T stated to him what [had fenrned in one way aud another, Talay con: fulted with the Corporation Counsel of Now York and Mr. Phelps, District Attorney, in reiurd to this matte an ofticial manner ax affecting the general question. NOT TO Be PUSLISiKD. Q. Were these conversations understood by you to be coniidential? A. Well, they were considered to ve official conversations that wore not to be published; T did not sup= pose they would be: [ don't know that | ever said to any of there gentlemen that wiatover 1 sald was not to by re peated; f don't think Idid; i presume Tdid not think it hecessury bo say 90, Q. You assusied that? A. Yes: of course the co know that whatever [de ofletnily in this tter E do with entire regard to the public luterost: any state that was made by Mr. Tw net be tortined and ratisty my mind aya lawyer; E should want corroborating uch to sutiefy my mind as a lawyer that proper for me todo «0 ape fund Would Hot artonnt to unyihin Nate HISSEY'S TkyTEM john Morrissey wan sworn: Isa Senator; is @ democrat; in Albany during the session ot the Lexisiauure in 1870, m1 three montts. Q. Did you take wn active part in advoonting or defeating tho passage of Any treasure about the Renate that winter? all in nites A. Yer; 1 was opposed to what was known as te Tweed | charter; delonged to what was termeit the “Young emocrney fa 1870, shortly alter the Legistat there was organized in the city ot New York, at my house, what was alterws: as the young democracy; at the frst meeting ti Ltank—r. Genet, Mr, N 1M), Fudge Cox, Judice dee jon started from that a charter which Messrs. introduced then, or were about Ww many arb powers tn It neurly power away ity boat ten d charter draws ing the wes the other was wii wren; It was i when jutrodu ron the Littee. anown wero len myseits Gor had it had woeing peorles we agreed we came to Alba: three charters in wore oriyinat known ag | introduced ‘Asvontl it was It was never rep Q. Did many ot the the charter which has been tern ei” should think feyen of eight hundred Q. Did they adhere t vantil it wi A. Not on the have no consideratio: th you advocate ucki nist have ere ink very 1 Aner mide, on ihen | ley spoke more about an Election law im the commit oe then | heard of it until I saw it publ i ee io vou kn y money hi n given or promised to any republican Senator for his vote or Inti be | e a , charter? (A. Mo. 4 i ghana Me te art amie weber onatar Won {es Tapmaneny ne ne P ‘nant fal wv iftNuaredueed that wae x To bot thiuk Lever haere wie ete oe shathes ti Mirerley wet te fever of the lection Inw bill thas it A. I dow't know, winstNir, Rehooumaker—Hed. you any ‘knowledce of of money that was je upin New York to aid Lo gialuture? A. No more than j bat the ‘Tweed int! ) Dol o that it was, the press: wit against it; It was well known at Al and Mr, Gresley came to All the Committ any th Y bo oppose thi wased them to come; Mr. Gree- charter: cause L bad talked came to Albany: tm th demveracy had a melee or three from the of Frear aod Bi had the whole delepatle opposed the passage tho Biyrene did d to the charter, Aturday be! louse, T think, the young 1, aud I don't know byt all but two of Now York, with the exception aud Hitehman; 1 think we ution on our side: the Worlt the ‘Tweed charter; I think did no about it ne Tribune did noteeay sug tp vi the time of my gaing $0 seo Mr. Greeley: I think it opposed it aft that cannot account for the vote of the Fepubiicans for tho Tweed charter: { think every {air man inthe city of Now York wasin favor of un Blection. la i think it was 4 ananimons question, Q Did you le while Albany at that time, or else- where, whether or not the Election law was a peace offering or concession to the Fepabligane to secure their votes for the ‘Tweed charter? A, No, Q, Did yon toarn “umytbipg about any arrangement be, twhon Mr Tweed und bie fends. wish the. republicans. 40 Fetain certain republican yiicials tn office or ty provide pluces for them in consideration of their voting tor the charter? A, No. Q. Were you in Albany at the time of the passing of the tux levies Yer ‘Do yor kiiow of.any improper means being made use of to secure their passage? A. No. ,@ Did you oppose those monaures? A, I opposed them i 8 . Dia yinon ol % about the Hoard of Audi Q. Did you Tew being paid to > 9 we the tax levy on account of the pro- Ward of Audit? A. I don't know anything & pia ou hear anything of a chock of $20,000 to Hugh Haseings a. anu heard of that the other aay. Q. Did you remain in Albany until after t taxievy? A. | rewninedin Albany until was passed; [think two er taree days a! Q. Wore you personally @cquaintad with Tweed at that tine t Q. Wore you on spenklne Sérma? A. No to the present day, You did not visit hie atthe Delavan? A. No. . Were you Aylding the of member of Congress at shat time?” A. You, m2 . Did Tweed exhibis while you were there? my seat in Congress on ft Of being absent. Q. He was not very well ‘to have you here? A. I do not know. Q. You were not acquainted with Senator Weodin at that time? A. L never knew: ¢ Woodin in my life thas f know of until a year ago titer, tility to you in any manner red « resulution vacating Q. How, as to Senator low? A, I knew scarcely @ Seuator with the exception of Mr. Blood. Q. Are you in possensiumuf any facts which would throw any lighton the subject of this Inquiry? A. None at all, sir, thas I know of, excens whut I have stated, By Mr, Carpenter—You say you knew no republican Sen- ators? (A. With the exception of Mr. Thayer. Q. Did you understand that Tweed, und those democrats who acted with him, were in favor of any Bloction law to revent frauds in the elty of New York? A. That I don’t now. You have stated that s large uumber of the young desiocrats who came up with ycu suddenly deserted you; did they abandon your cause and go over to Mr, tweed? A, ¥ Every one supported the Tweed chart Mr. Sprigke—1n your judgment how many men had Tweed here that winter widing him in opposition to the Young Democracy ? A. Well, I wouldn't be surprised if there were 500 from New York at times ; many of them held positions in the city government and many were dospers- does of overy kind, us dangerous men as thete were in Now York city. Wero there men from other citles than New York OW TUX CHARTER WAS Pass: Q. Was it understood by you { kept here by T t A. Yes to keep the considerntio: mi . You knuw the circumstances of » part of those who were here precluded the possibility of their presence at their own expense? A, Yi thw on the pay roll in New Yor! iy another thing, Mr, Chairman about forty-eight hours, Q That must have been about the time you seemed the strongest? A. Yes, and offered to pass our Young Demo- eracy charter and made & proposition to do tt, but 1 stopped it, and he took an oath oo our side; he was sworn up over the Senate Chamber, By Mr. Schoonmaker—Q. You spoke about the despera- does who were in the interest of 1 |. Were they about the streets and in the hotels In Albany ? A. Yes; burrooms, principally. Q. Do you know what services they rendered or attempted to‘rendér to Tweed? A. I don’t know what they w brought here for any more than this—that it was to intimi- date. . Did they talk in favor of Tweed’s bills? A. All. . So Senators and members could see these men and hear what they hadtosayt A. Y ‘Q. Did you understand they were making sentiment here in Yavin of Tweed’s charcer and other bilis? A. Yes. Augustin Snow testitied as to the ae in the Leg AIslature of 1870 and as to uo money being used. ohn B. Leveridge testified that he occupied a room in Mr. Tweed's suite at the Delavanilouse tu 1870; ws en- tirely ignorant ot Mr, Tweed’s I tive ailairs; paid the running expenses of the family; at one time pald nearly $1,000 of # hotel bill tor twee friends; paid during the winter avout $5,000 or $6,000 for persons other than ‘weed’s family. Adjourned until to-morrow at four P. M. WHAT IS SALD BX THB CONFIDENTIAL FRIENDS OF THE EX-BOSS AS TO HIS FUTURE—NOTH- ING TO COME OF THE WOODIN INVESTIGA- ‘TION, Mr. Townsena yesterday received the following let- ter from Mr. William M. Tweed :-- My Dax Str—I notice in the 7émes this mornii a arucle, ueaded “The Ludlow Strect Prisoner,” which is-caiculated to place you in a false position before the public, and i basten to do what is im my power to relieve you,{rom it. I have never consulted with Mr, Jon H. Stfuban or any other Jawyer in ence to my case since 1 first retained your services, aud my friend Mr. Charles Devlin has never suggested to me that I should make any change of counsel. lt 18 hardly necossary for me to assure you that I have the utmost confidence in your professional skill and imtegrity; but as I presume you wi leuter to public, 1 now say thi ll respects you have proved yourselttrue, The statement in tho same arucle that I am disgusted with the results ot any- thing that has taken place in my case since you have bad charge of it, is inise; and 1 hereby assume the full responsibility for everything contained in the called my ‘‘confession,’’ which is now in the the Attorney General. It is duo tu you alone thatl have obtained this day the return of checks and papers which were obtained irom me by faise representations by a porson in: whom I once had full faith, Yours very truly and respectiully, WILLIAM M. TWEED, LupLow Strewt Jair, May 1, 1877. Among the confidential friends of Mr. Tweed this devico of spreading a report that he was about to change hin counsel caused yesterday considorable amusement, It was, to uso their exprossive language, so “thin that a child could see through it.” It was alleged that tho effect of a transfor of papers and documents in the direction jndi- cated would be virtually to place them within the reach of an accused Senator, They express the strongest confidenco in Tweed’s early rolease, say that be will obtain his liberty very shortly after the adjournment of tho Logislature, that be will bea witness for the people, and that he will probabiy appear in that capacity for the first time, alter bis lib- eration, in the civil proceedings on the Navarro water meter claim, This will not bring out anything very sensational irom Tweed, as whatever be will say on Ubat occasion will be strictly within the rules of evi- dence, and will be contined eutirely to the terms of an agreement that was made 1m reference to the use of that meter by the city. THE THLL-TALE CHECKS, Tweed ava his (riends speak quite confidently, in general terms, of the convicting power ol the checks that Tweed again obtained possess.on of yosterday. For some time past the more important of Tweed's checks and papers have been in the custody of mutual {riond,’’ apd lately an endeavor was made to optain possession of them by 4 bondsman of Tweed’s, They were then placed in asate deposit company’s sale, and yesterday, by tho advice of two prominent city officials, they were handed back to Mr, J. D. Town- send, y had n0 money without » THK WOODIN INVESTIGATION, It was said by the same circle yosterday, with the greatest contidence, that wothing woud come of the Woodin Investigating Committee, and early in the day, long before Attorney General Fairchild appeared berore this committee in Albany, tne authority, in New York, said that the Attorney General would do ex- actly what he did du—namely, determinediy refuse to Jet the committee see the document that sir, Townsend had given bim on behall of Tweed. 1 is quite evident that the better posted of Mr, Tweed’s iriends, out- side of bis counsel, are perfectly indiflerent to tho doings of the Woodin committer. Judging from the tone of their remarks it Would seem that a certain de- tin purse Of action in relerence to Tweed and bia elas been agreed upon, if not officially, at least sufliciently so as to enavie’ them to act in harmony with those Who claim (o have something to do with the conduct of the case for the people as against Mr. ‘weed. Those who have seen the ‘ex-[oss” within the last few days say that bis manner indicates that he takes the same bopetul view of his early release (hat his friends are said to take, COUR! ‘The Assembly having passed the bill requiring the Chamber of Commerce to sustain the Court of Arbitra- tion, the following protest from business men in this city against any change in the Jaw was sent to the Sens ate Inst evening :— To mk HONORABLE THE SENATE OF THe Statk oF Nuw Yo ‘The undersigned, engaged port of New York and prow Court ot 4 ato pBshed in 1875, weourt in bat is tho great 4 are disposed of Ite. . but one for the nd he Chamber of others, exca| ¢ best inter without deta Third—|t of the wht has no tom private tri 6 community in in thi din promoting w York. be wm KF Court t anomaly and injustice to has never been applied to No quurt fy selt-supporting, The three courts Now York ity cust the taxpay 6.),000 annually, while the receipts from al 0 their clerks in 1876, fur feos and Gues, were less than £20,000, ad appears by @ Inte certified statement of those glert is tribunal by dusi- n fuils, for they are the tai payers, enetefore protest mgninst the passage of said Assem- bly act, and pray that the existing law of 1875, relating to said Court, may not be changed. Here follow a great many signatures of prominent business men. THE OMNIBUS BILL. 4 TEMPORARY SET BACK—GALLANT EFFORT TO SAVE TRE DOCK DEPARTMENT—DILATORY MOTIONS OF THE DEMOCRATS—NoT QUITE YOTES ENOUGH AND A CALL OF THE HOUSE ORDERED. (s¥Y TELEGRAPH To THE HERALD, ] Atnany, May 1, 1877. ‘The battle over the Omnibus bill commenced imme diately on the opening of the afternoon session, and raged flercely all along the live, the rising young legislative warriors ore than justifying the hopes of their most ardent admircrs by: the manner in which they fought and Lied and almost died 4n the detence of the various municipal departments. To-night the Tum, many braves are rushing rampant.through the balls of the Delavan shouting, “The Omnibus bill is beat, the Omnibus is beat, and all because they for a mo- ment obtained a little temporary advantage. How fallucious their hopes aro to-morrow will undoubtedly prove, for now that tho smoke of battioc has parwailly loared away it is evident to every impartial observer that the ranks of the advocates of the measure are more closely kuit together than ever before, and to- morrow morning will bring pew accessions to their forces in the presence of mombers who were absent without leave, ef) THE DAY'S CONTEST, The story of the contest to-day 1n its important de- tails is.as follows:—Mr. Purdy, of Westchester, opened the fight by moving to recommit the bill, with ine structions to strike out tho section placing the Excise Commissioners under the control of the Police De- partment. Mr. Purdy said:— It is true that the liquor aealer@ have been granted thousands of licenses where the Board of Excise had not the legal power to grant them, and it ix equally true that they have paid thousands und tens of thousands of dollars to support the charities of the State ot New York, Wo think their cause right, and there are some men bold enough to advocate that cause on this floor and Lam one of them, We think it right that they should not be submitted to the espionage ot the polices lovee. that they sliould. nos be dragged a4 felons as they have heen, and we are glad to see these concessions made aud we trust that when the other bills come forward that we have hore in this Legisin- ture that the sume spirit will influence the members, wud I rogret to see that my tricnd Mr. Maynard t# not one of those who wil! advocate or xo with mo in this matter, Lot us have no sumptunry laws; let every oue be a judge of his own comeelonce.. I withdraw ‘my request and vote in the nega tiv Mr. Fish moved to lay the motion on the tablo, stating that he proposed to amend the bill in that re- gard at the proper time, und his motion was carried, YROPOSED AMENDMENTS. ‘The bill then came up 1n its order tur a third reading, Mr. Fish moving to recommit the bill with instractions: fo amend Lhe various sections so as (0 legislate out the Board of Aldermen on May 1, 1878; to abolish the Park Commission, the Mayor to appoint one commissioner to serve for tour years at a salary of $5,000 per a non-partisan Police Board of two rotainiag the President and Tronsurer; to strike out the section which authorized the Police Board to let the civaning of the streets out in one or more contracts for not less than two nor more than five years, und to abolish the Hxeise Board and au. he Mayor to appoint one Commissioner, the of the department not to exceed $20,000 expen: aunually. Husted offered another amendment to abolish the office of Superintendent of the City Record and transfer the duties to the Commissioner of Public Works Mitchell then raised the point of order that tho amendments could not now be offered, for the reason that the bill, with the amendment offered by Purdy, had been laid on the table by a vote of the House; but tho Spaakor overruled the point, DOCK DEPARTMENT CHAMPIONS, Fish accepted the Husted amendment, aud Webb, of Dutcness, appeared as a champion of th Dock Department by ottering an amendment to strike out the section which merged the Dock Department jo the Public Works. He was supported by Cow- din, whose time was extended twice in order to let bim o chance to say all he bad to suy ou the subject. din was very severe on the conduct of Fish in bis war on the Dock Department, intimat- dng very strongly that the young statesman from Put bam knew nothing of the wants of the metropolis. Purdy, Spinola, Mitenell, Grady and Langbeln spoke ic favor of merging, but It was evident that the demo- cratic members were insincere in their advocacy and wore only evdoavoring to keep up the war between the white rose of Fish and the red rose of Cowdin. The red rose was defeated, however, and the section re- mains, ‘THY HOTTRST OF THY FIGHT. Cozans then ollered au amendinent, which provided that the terms of office of all Commissioners should termiuate ten days after the passage of the act, Hore the bal was the hottest, Mitchell, Ecclesine and Spinola sustaining Cozans, and Strahan in opposition told tho republican members that this amendment, if adopted, would legislate every republican Commis. joner out Who was now holding offico in that city. Lt ‘was a strong appeal to party feeling, and Dr. Hayes tol- lowed tn the same strain and the amendment was ro- Jected. TE vorx. ‘The quertion was then put on Mr. Fish’s motion, and the roll having been twice calied, the vote stood—vens, 56; nays, 61, But before the voie was announced Mr. Fish moved a call of the House. After considorabie contusion over points of order and the citation of pi Hamentary rules the call was ordered. Tho galleries were cleared and the doors closed, Tho roll was then called and 118 members answered to their names. Alvord then moved that tho Sergeant-ut-Arms, on the warrant of the Speaker, arrest tho absent members who had not been oxcused and bring them before the bar of the House, and that the House take @ recess until to-morrow morning at ten o'clock. This motion prevailed, and the fight was at an end for the presen. twas very pretty while it lasted, but the opposing parties are only resting on their arms to-night, and the docisive battle will be sought to-morrow, CAUSES OF TH DEFRAT. Tho defeat of the majority of the House on Mr, Fish’s motion to recommit the bill for amendment was due to the defection of several republicans who were opposed to taking the Excise duties out of the hands of the police, as provided tor tn tbe origi! bill, 4 giving them to an Excise Commissioner to be appointed by the Mayor. The following named repub- Ivcans voted against the motion to recomnmit: —Measrs, Bollington, Gilbert, Gulick, Hammond, Hepburn, Mar- vin, Shannon and Sheldon, If these gentlemen had yoted with their party the motion would have been carried, Several republicans were also absent. The aboye named gentlemen are understood to represent the temperance element. AMERICAN PICTURES. Thore {s now on exhibition at the Leavitt Art Rooms & very Interesting collection of American ‘pictures, most of them fresh from the easels of the artists represented, In point of merit the collection is very even, and the subjects chosen for illustration are joy- ous and appropriate to the spring time. Tho place of honor in the Jarge gallery is given to a fine work by & Moran, “A Storm Coming Up in New York Bay.” Guy's last work, «Fair Venico,'’ will attract do served attention by its pootic sentiment aud admiras bie execauion. There are several admirable land- scapes by Innes, a couple of seutimental Wyan very beautiful “ven ng’? by Minor, and a large important canvas, “The Faggo: Gatherers,” by Tho Poor [rvyug’s last picture, “The Morning Salutatory, has found a resting place in this collection, itis a carefully painted canvas, These pictures will be on exbibition until Friday evenining, when they will be sold at auction, ART NOTE. Invitations have beon issued by the trustees of the Metropolitan Museum of Art to an evening reception, which witl take place on Friday, May 4. The oc sion Will be the opening of the Cesnola Kurium collec- tion, SALE OF A PRIVATE LIBRARY, Messrs, Bangs & Co., No. 656 Broadway, will sell at auction op Monday, 7th inat., and continuing through the week, the library of a geutioman who was well known in this city during bis Itetimo, It was evi- dently collected with great care and comprises a large number of valuable and interesting works Some of the more noticable books are Abbow's Antiquities of Rome, twenty-four plates; Antquitites Americanae, Audubon's Birds, Biblia, 410 1611; Brispot La Vie ue Jésus Christ, ciyclopedia of Plants, over plates; Chateaubriand’s Work ot ges, Claudis Liber Kingdom, Desgoditz’s Rome, Dugdale’s Monasticon Anzlicauum, Force’s Tracts, four volumes; Gersen, Linalatio Coristi, Hal’s Ireland, three volumes; Hale lam's Works, nine volumes; Irish Archwolopicn so- ciety Publications, twenty-one volumes; Johnson's Typogrephia, two volumes; Archbishop Kenrick, Kibie, with’ notes, five volumes; Kingaboroug’s Antiquiies of Mexico, nine — volume: Jae croix's Arts, Mowrs, Costumes, &c,, and Moyen Ago, two volumes; Luuyd’s Arcowologia Britannica; Lives of the Saints, fifty-one fall page numations L’ Universite Catholique, twenty-four volames; Mac. Hale's Irish Pransiation of the Bible; Messingbaw’s Fiorilegium Invulae Sanctorum; O’Donovan's Anna ® two hundred and fitty ritatis, Cuvier’s Animal of ireland, by the four masters, five volumes, quarto, Vicart’s Ceremonios and Rehgious Customs, Vitis Gallery, four volumes, imperial qaarto; ugin’s Glog sary of siastioal Ornament; Saint Ureula, tweut je plates; Shaw's [luminated Decorations twelve volume YACITLING Irna Drews vents, 4 Venerable Bede's cqgmplote works, ‘NO L Yacht Eddie, 8.¥.C,, M. &. Cromwell, from New York, passed the Hxratp telegraph station yestorday P. M, en route vo Ryo WEDNESDAY, ‘. 100 plates, two volumes; Burnet En- | Churebili's Collection | BISHOP SPALDING. Impressive Consecration at St Patrick's Cathedral by Cardinal McCloskey. SERMON BY BISHOP ROSECRANS. » A Great Gathering of Prelates and Priests— A Resplendent Sanctuary, One of the most august and impressive religious ceremonies of the Roman Church took place at St. Patrick’s Cathearal yesterday morning, when Rev. Jonn Lancaster Spalding, a young priest of thirty-six, recently appointed Bishop of Peoria, Iil., was sol- emoly consecrated and invested with the prerogatives it the episcopacy by His Eminence Carainal McCioxs- | key. Thirteen bishops and nearly one hundred pricats assisted on the occasion, and the ceremony occupied nearly ‘our hours, Although bo ove was admitted without a ticket tho doors of the sacred edifice were besieged trom an early hour by persons whose only title to admission was their jntepse curiosity, Long belore ten o’clock—the hour fixed for beginning the service—the church was crowded {m every part, and many ol those present were of another faith, No attempt had been made to decorate tho editico outside of the sanctuary, ‘The main altar glowed in the yellow light of the nu- merous tapers which flickered upon it, making fantas- {ie shadows play upon the lofty, life-size image of the cructied Saviour above, and causing the beautiful em- broidery upon the lace scene behind the altar to shimmer like molten gold as it was stirred by the breeze which swept in through several open windows, So freely did the sun enter through tho openings that the usual “dim religious light’? was lacking, aud the Ceremonies Were witnessed in the full blaze of day When the assemblage had all been seated and cared for by the members of the St. Vincent de Paul Society, un der the direction of Mr, Hugh Moore, thore was a brief poriod of expectation, and then the organ gave forth the opening Strains of Hadyn's Grand Mass, and the Procession emerged trom the sacristy on the left and slowly moved around to tho front of the altar outside the communion rail, THK PROCESSION, First came Father Hurley, of St, Michael’s Church, who acted as second ass'stant master of ceremonies, Bebinud him walked three acolytes, the taller one bear- ing the archiepiscopal crucifix, and tho other two, on oither gide, carrying lighted candies, Then came eighteen acolytes dressed in red soutanes and white surplices, walking two abreast, Alter these came an acolyte, in black soutano and surplice, leading twelve acolytes similarly attired. Bebind these came about eighty priests from this and other cities, drey biagk soutanes aud gurplices. Following them were ten acolytes in pure white, with scarlet sandals and cuffs and throatbands of the same color, These bore the various articles to be used in the consecration, Next ip ordor came Rev, J. M. Farley, of the Cathe- master of ceremonios, und Rov. W. logan, bis tirst assistant. Behind these moved line of bishops, in full canonicals, led by Mgr. Chatard, President of the American College at Romo, and Mgr. Seton. In the ranks were Bishop Rose: rans, of Columbus, Ohio, brother of eral Row rans; Bishops Corrigan, of Newark, N. J. ; Laughliv, of Brooklyn; Healy, of Portland, Me: ‘Conroy, o Albany; Dwenger, of Fort Wayne; Becker, of Wi mingwon, Dol.; Lynch, of Charleston, 3. U., and a Canadian bishop, whose name could’ not be ascer- tained, Behind these camo Rev. Father Ducy, of St. Michael’s Chureh, and | Father paid: ing, of Louisville (brother of the Bishop elect, respectively deacon and sub-deacon of the mass. Then followed the deacons of honor—Father Dunnelly, of St, Michacl’s, and Further Hurley, of Chicago. Beling them came Cardinal McCloskey. He was dressed in the scarlet cappa magna. Over his ordi- bury scarlet toga towed a brilliant = silk rove of the same color, with a train throo yards long, upheld by four young gentiomen attired in Waite, (rimmed with red, like those whu preced immediate party of the Cardinal. His Emi Wore & mozctia of white ermine and the scariest beretta, The robe was gathered at the back of the Beck into something rosembliny a cowl, When Father Hurley, icading the procession, arrived ay gate ot “the sanctuary he stepped aside a making a gevuilexion, and stood until whole procession had’ entered, Vicar Quinn, ‘attendant priest to the Cardinal the General being the last to enter, The great body of priests, instead of entering the sanctuary, turned down into the main where chairs bad been reserved forthem. Aa the othere entered tho sanctaary they assumed their respective positions, the ordinary acolytes occupying the iett im front of the altar of 8t Bridget, aud those immediately attonding the Cardinal grouping them- seives atthe foot of the throne upon which ho was jeaved at the Gospel side of the main altar, ‘THR CONSKORATION, The Cardinal was then assisteu to take off his robe and was vested by his assistants, Meanwhile the Bishop to be consecrated quietly emerged trom tke sacristy on the right and seated timself in front of tho side altar with tho aseisting bishops, Foley, of Chi- cago, and Gibbons, of Richmond, and waited until he should bo called. All eyes were fixeu upon the C. dinal a8 he with evident feeblene: assisted in arrranging his vestments. These were of the most re- splendenUcharacter, When the Carainal, being dressed, was seated before the middie of tbe altar in tull cano: icals, and Father Reardon, of Chicago, a6 notary, read the commission of the Pope contrming the election of the New Biship, the scone presented was one which will not soon fade from the memory of the spectators, The lights, the music, the picturesque group. jog of the prelates in the sanctuary and the splendid colors of their vestiments flash. ing With jewels, and tho handsome young acolytes grouped about the central figures and iramiog the pic- ture, formed a combination which at once produced the pleasing effect through the eye und ear, The Bishop elect then kneeling, took the episcopal oath aod the usual formal examination ag to bis laith was mado; then the Cardinal laid aside his mitro aud com. | cod the celebration of mass, and the candidate simultaneously began to celebrate mass at the stnall altar, After that the ceremony pro- gressod according to the beautifal and impres- sive formula of the Chureh, until the candidate was invested with tho crozier, the ring and tho gloves and,with bis right bad claspedsin that ol the venerable Cardinal, was led to the throne and theregiormatly in- stalled a8 Bishop of Peoria, He was then led through | the church, giving lis episcopal blessing to tho peo- ple as be wont, Tue musical portion of the service was very fine, and th nting of the service by Rev, Jona J. Keas of the aud Rey, Fah Reardon, «© Bernard's, was very beautiiui, Father Kean’s chao ing of the Htany Was especially clear toned and musi- cal. After the collects Bishop Rosencrans ascended the pulpit aud preached as follows:— THE SREMO: Most Eminent Cardinal, Kight Reverend Bishops and Keverend Priewts—To-day, tho Feast of the Ap, tes Sta Phihp and James, whea a vew member is added to the hierarchy of that kingdom which exists throughout ail time and embraces under its sway every Hation, seems a fitting occasion In which to give a simpie explanation of the nature of that kingdom, ‘There are Christians who are sean- dalizod at calling the Church of Christ a Kingdom at al. They would have it to boa kind of disjointed society—an aggregation of atoms held to getuer only by the thread of human eaprice; in (act, cupable of being divided inte pa 4 still remat ing the Chureb of Christ. But our Lord Himself has calied it a kingdom, He bas described it under many other simiies, aud in every one of these there is the idea of a rule, of a government. When He estab. lished tt—when He commissioned the apostles, as tois one 18 Commissioned to-day—He prelacedgthat commis- slow oy saying, “All power Is given thee in heaven and onearth.” That is, He gave tuem power Ho did not scad (hem forth to proach, simply, but He sent them forth to preach and explain, to lay down the law, to define the truth, and to govern the world, It is essen- tally in the pature of a government that it have au thority, that tt have unity, that it have the power to ki n jaws and the power to sanction laws, Now the Church of Christ) fas these, She rep. resents Him Under one peeniiar aspect, tor the reign of Christ, who is called the King of ‘Kings | and the Lord of Lords, existe over ail thin, He 1s | the Lord of nature, aud He rules all through nature, | because He created it, and He created all causes wind He shaped all eifects and the forces | that produced them. He reigns also im giory over the elect, where Ho manifests his fam- iy, and gver the reprobate, where his justice ts shown forth, The Church represents Him as far He reigns by grace, Jor this is the third kind of kin | dom twat he possesses over what He has created. The Church 16 His person in so far as He rules in that kin dom of grace, a Ali that are saved out of the chiidren are saved by ber ministrations, aud ail | Jost of the children of tea’ are lost because abe has to ber Witness against them. [Ray the Church represents Hit not simply » | teacuer, for the teacher may be neglected; cot simpiy as the author of morality, for Ube wuthor of morality oom that are tay be the bearer of another's message; but she re) | resents Him ag tho Lawgiver, as the as the | Redeemer, and in all things accepted a Judy ‘This gospel is to be preached for a testimony, Ho suy aud (ue Church is the bearer of this testimony; and, ju order to be the bearer of this testimony, He nim Chureh wcorporave body, an orgauized ey s- tem, placing one AL the Lead, aod then establieuing individual orders of the hierarchy, Abd this | not tor the age im winch He made St Peter the | of the apostles, and not for the generation—or nation, | rathor—that understood the language which St, Pever then spoke, but He did it for ail nations and tor ail | | gonerationa | H THK AUTHORITY OF THK CHURCH. | Ho anid soin se many words, spenning to the body of | the aposties of whom He ajroauy conatituted st. ter the head, and told thet to gO and Leach tions, “For,” said He, “1 am with you ail days. MAY 2, 1877.—TRIPLE SHEET. idea is plutuly exprossed there, By saying “soach all nations,’’ He indica' clearly that is not to these — eleve! s that He was speak- ing. By na geverations,” He poinied out how they could band 4 e sacrament of Holy Orders, and bow they could per: petuate it through all times—this race that was to teach ali pations and give th woto ali men So He made His Churcb governed, seit. sustained, & power within fisel) aud ali-sut- cients tor ttself, That to say, the Church rules in His stead, in His name, in His person, That is what He means when He tells the aposties—tor in them He told it to aii that were to be of their ears you bears me; and he that ies me.’ Notas it there was some of speech im it vy which He would ® “You are such good trends of imine that t will receive any insult offered you as if it were offered to myself, and 1 will reward auy kindness or respect shown to you as if it were soowgto me? Ae dia not mean this, Hoe meant more than this. He meant precisely what He said:—“He that hears you hears me." Because in their teaching ca pacity and im ther Jaw-giving — capacuy the aposties are Jesus Christ. We can have no scruples, then, in calling the Church a king- figure dom—that is, a goverbment; aud it is tue only king: dom that will last torever—it 1s the only that will know no change. Sut, in order to under- stand ‘4 rightly, we must cali to mind the entire doctrine of Christiunity—1 mean | the fundamental doctrine of | Christianity— whieh ig expressed very perfectly by St. J’aul, that in Christ Jesus neither circumcision nor uncircum cision i8 of any avail, but “a new creature,” Si what this means when applied tothe Church, Inthe long lve of Roman Poutifls, in the almost end- Jeas aggregate of holy bishops and priests and jounders of religious ‘orders we read the names and the docirines of men eminent for their | rning, for their saintiiness, for tieir zeal, for their erity, for every virtue, Butit is not teir leara- | itis not their zeal, it is not their virtue that have | upheld the cause of Jesus Christ in the world, To be sure a society formed umong men must necessarily be | buman; that ts to say, it wiust be composed of baman elements; but in so far as they are men, in 30 far as their natural capacity, tueir natural talents, their acquired learning or genius, are concerned they do pot constitute the soul of the Churen, y are nothing but the body, they aro nothing but the out ward appearance, But that which gives lite to tha Church, that which vivifles the whole frame of this Vast society, extending as it does, in oue form, or another, from the lirst that was saved down to tho last when the trumpet shall sound, is the presence of | the H Ghost, tho indwelling of Him who is seat by Josus Christ to be the soul and Life of the Church, In Him nothing 1s of any worth thatis of natural crea- Mon, because the whole Church is a supernatural crea- tion, So you see this illustrated tn all the sxcraments ofthe Church, When the priest baptizes—that is when he regenerates the soul, cleansing it from the sin io whieh it wag born—he does not pray over the child, “May this soul be cleanssd as I wash {ts body with water,’’ but he says, “I baptize thee in the’ name of the Father, Son and Holy Ghost.” When in the confessional the priest, having beard the penitent accuse himself of all his sins, imparts to bim the remission of those sins, he does nol pray that those sins may be remitted, but be says, ‘*L absolve theo from thy sins’? You see it is pot the natural man that speaks, but the new creature, It 1® the creature of divine grace that ya these words. When the priest stands at the altar and performs that most stupendous of all miracles, the changing of the bread and wine into the body and blood of Christ, he does not beseech God that this wine may be changed into His biood, but he saya, “This 18 my body, and this 1s the chalice of my Viood,’”” which would ‘have no meaving unless be really personated Chrisi—uu! in him spoke tho living God, And this we belicve—that the moment @ man is lifted up by the sacrament of holy orders to sacred priesthood that moment, in all the functions that he performs about the altar, in all that he does Jor the salvation of men, he 1s no longer a man, but is the minister, the very person of Jesus Christ, A KINGDOM Not OF THE WoRLD. So, when we call the Church of Chriat a kingdom It is only to those who are grossly misinformed or who are willuily blind and prejudiced that thero is any alarm, as if we spoke of the Church coming into col- lision with the Kingdoms of this world, She isa kingdom—but not of tbis world. Her power does not originate in this world, [tis not as the othor king- dome of the varth are, a power built up on policy, that 1s built up by war, or tho love of plunder, or the feeling of nationality, or by the astuteness ot thoso men We call statesmen, but it is built ap simply by the power of God and upheld by that power, Ot ail the absurdities that have ever been urged against tho Catholic Churoh by those who are determined not to understand what sbe is the most absurd reems to me that of those who imagine the Church to rest on the policy, the cunning aud the munagemeut of the hierarchy throughout the world; for, 1a the first place, ther is no buman power, no human wit or buman shrewdness that could creato that hierarcby, that could ever make a body of men #0 devoied to one intercst as 1s the hierarchy of the Church, And, in the next piace, there 18 no human policy that could maintain ber power and her influence throughout the world, since sue has no human arms by witch to protect’ herself. Her doctrine now, to-day, 18 a8 hard to the natural beart, 1s as difficult to the natural reaso:, as it was when it was first prociaimed by the apostics, and then it was folly to the Gentiles and a stumbiung block to the Jews, Her doctrine is as hard now and as repulsive to natural feelings as it was m the days when our Lord first said:—“Let a man deny himeelf and take up his cross and foliow me’? And, though widespread now throughout tbe world and including the majority of men calling themselves Chriatians within her fold, still, so far us human influences are concerned, she is the weakest of al! bodies of men— weakest because the never cia take up those haman arms by which the sects propagate themselves until the time comes when they perish. THR CNDYING CHURCH. But this pew creation of God, tue Church, can nover decay, There is no power in the Church, there is no autuority in the Church, there is nothing venerable in the Charch which does not belong to this new creation. uf course our Lord accepts the talents of men when they devote themselves to Him; but He does not need them Me accepts the influence of nations when that influence 1s offered, but he does uot need it. He has accepted both ex: tremities—that 18, the extreme of the prejudice ot the people and of the power of governments—{ mean hy hag in bis Church; and he has accepted also—expert- enced, also—days when it was a sbamo not wo be called a Catholic. But in either case the Passions and ciprices of governments and of men are changing and shifting, quickly passing away, Dut the Church remains the same now as when the “uposties wero constituted the body of preachers and lawgivers for the entire worid; aud so the Church wiilremain; the Church will never be acknowledged as the head of the temporal power of tho ear h, because the world will over be worthy of it, She will always be persecuted and always triumphant. The world and its changing opinions and prejudices and governments seem | the ocean in restiess moving to and tro, now here aud now there; and the Church is like the rock that raises M8 head above the billows aod remains tirm torever whilo the waters are chatlug atits base. But it ts the na- ture of the order established by our Lord that St. Peter, the head of the Church, should govern all, and his successor has the same power that he had, He has the coutrot of everything, and he unit Mi things i himgelt. [hose who were his co-laborers throughout the world, like him, always have guided men when they were perplexed, have governed them when they lacked the power of entorcing the law, and, therefore, let it be no scandal to us to call the'Church a kingdom anda government, Let us vot be afraid of those who say we must be disloyal to one government if we are loyal to another, We can be loyat to both, and the best aod most loyal ot citizens 1s the truc Catholic. TOUCHING PERSONAL REMINISCENCES, In conclusion, let me say to the young chosen one who to-day bas’ received the episcopal consecration, who goes forth op the same mission and wiih about the same resources as that undertaken by the apos- tles, that hencetorth he must be sione in the world. His duties, bis position, will necessarily make bin without any ono to lean apon; but all will expect to Jean upon him, Loongratuiate bowh the Charch und him ou bis accession to the episcopacy, vut in Low different a sense! The Churet—vnat ts, our brethreu of the episcopacy and of the clergy —have one in him, coming, a4 he does, from gens a sacerdotas—a taniily of prieste—who have supported the fabric uf our religion in thi country amd will main- twin it honor, not only © among but will defend it also amoung those who are not Catholics. We look, theretore, upon him as a gern, literaily, !n the crown ol the Church in America, Our Lord invites hin by this conversation to a closer relationship in His holy family; for wruly, when the gold cross is hung around bis ‘neck, then the heavy cross of sorrow, disappointment and responsibility will also be bung on his beart. He 1s to wear the crown of horns, and it will press iore sharply around his brows than if he had never been promoted to this high dignity, Sul, as I stand here, and (he memor of bis boyhood, aud of my fresh’ manhood in the priestly life cluster around me, 1 cau see, better than L could then, reason why we should both feel consi when the college—and yet years years have flown away. So it will be rs hence; and when at our dying day wo shall look back again and remember where we mel, the ume then also will seem ay if it were but a day—and itis but a d Ob, my brethren, let us #0 conduct ours selves that, im looking back’ upon this dream of our hives, We may vever have occasion for regret, but, on the contrary, have occasion to look forward with hope and coutidence to Him who is the rewarder of all good, LUTH for the timo {#0 short it seema but yesterda we wore together at and AN SYNOD, The Evangelical Lutheran Synod of the Eastero District of Miswourt, Ohio and other States, com- menced its annual session at St. John's Churen, core ner ot Graham avenue and Ten Kyeke street, Brook: lyn, E. D., yesterday, Rev. J. P. Beyer, of Pitts burg, who’ was elected for four years at the St. Lows Synod, presided, Fitty-lour delegates anded in th certific ~ Among the delegates were | Y pastors, eigit assistant paswors and teachers, Who were classified ax lay delegates, There wore representatives trom altimore, Builato, Boston, St, Louis, Philadeipoim, Washington, Cincinnati and other cities wand town Rev, FP. Dryer was elected secretary of the Synod. The subject for discussion to- Will be the distinction between gospel and creed. yhod will meet daily at nine o'clock till we close of the seemou, sixieen NO. & BARCLAY STREET. Jndge Morgan, at the Harlem Police Court yesterday, conciuded the examination in the cageof Willian F. age. Jobn Daily, William R, Parsons and James Thom rged with couducting & gumming house at No, 5 Ka street, Mr, John Graham, Who appeared for the defendants, asking lor the discharge of his clients on the ground that the compininant was a professional Catholics, | AEA THE ROE DIVORCE The Plaintiff Again on the Stand Testi- tying Against Her Husband. A BOGUS WILL. “You Married Me for Money—! Married You for Love.” Newsoae, May 1, 1877, The now ce ebrated case of Roe vs. Roe awaits but the Judge's decision to becompleted, All the evidence is tp, and Judge Dykman res his decision until | argument of counse! is prepared and delivered. It been noised about that Mrs Roe be again on the stana to-day court room was crowded with scores of ner lady {riends and sympathizers, Margaret Doran among the number. Though the plaintiff looked much fatigued she showed the samo good temper under cross-examination as she did last Mareb, when, for ten hours, she answered Mr. Bangs, ber busband’ counsel, without the slightest show of fatigue, In fact, it requires somothing irritating to bring out this Jady’s fine points, and the examination to-day on the cross was brilliant in repartee. She was the first witness called, Hor testimony was. in denial of statements made by witne: for the de- fonce. She testitied that tn 1871, when she was atope ping at Orange, her husband for three weeks refused to allow her to receive any letters, and said he would never again allow her to receive letters from h having would relatives; on receipt of this news she told him she wanted to go home to Newburg; he retused to get hor a carriage, ana sh@ started to walk home, When she got to Passaic he overtook her and began to swear at and abuse her, She returned to Orange on condition that she should not live with Mr. Row’s mother, When they got peck to Oranze he took rooms at the hotel aad locked he up. While at the hote! Mr, Hazard Roe came te sve them, on Mrs, Roe’s invitation, and whi there he began to advise her as to bow she should be- have to ber husband; she told Mr. Roe to mind bis own business; that whea she married ber husband she did not marry all Lis bachelor uncles, Witpesa repeated, with ail the details, a conversation bad with Mr. Roo’s mother, in which that lady said she consid. ered her son insano ever since he was fourteen years oid; that she would have told deponent go, bug that it would disappoint her son, who was very much in love; Witness denied the story told by Mr, Muse grove Of her having slapped the face of Secretary Stanton. The subject of the will which was destroyed was gone into, and Mrs, Roo told the following story, which, on her previous examination, was only hinted at:—Shortly after old Mr. Roe ded his wite (delendant’s mother) came to Mra, Roe and said, ‘Mary, | have ciscovered my husband's will and it 18 most unjust to me ;’’ she asked deponent it sho would destroy the will; subsequently to thie old Mrs moe once called witness into her room, where she was kneeling upon the floor before a small trunk; from this trunk she produced a la velupe and said that it contained the will of band; she usked the witness again if she would destroy it, and witness said she would do so in 4 moa ment it by so doing any benetlt would result to the old lady; she (witness) walked over to the Hrepiee and was about to tear up the will when Mra Roe “Don’t tell Will,” meaning deponent’s husband; in & moment she said, “Don's destroy it—give back to me, l’ve changed my mind,” the will that was admitted to probate was not the sume as the one Mra Roe asked deponens tu destroy; the will she was asked to destroy leit $15,000 outright to the testator’s wite, $5,000 to Mra, Hasbrouck, $5,000 to Hazard Roe, and $6,000to be divided between Emma and testator’s mot nont’s busbaud, Wiliam Roe, legatee; Mrs, Roe denied’ that she ever told her pusband that he married bim for money; she married hin to be his good wife and was op. posed in her choice by all her relatives; in fact, when the courting Was going ou he told her shat be had no money except What wight come to him trom the gov- erument as an army ollicer; suo married him for pure love; sometimes, alter inarriage, Mr. Roe used to accuse her ol marrying him tor money, and at the same time that be married jor love; on thege occas sious she would make answer, “Well, then you got what you married jor, bat 1 did not,” having slapped her husband’s face; ’ al of Mr. Koe was admitted to probate ber husband drew up a paper for her to sign, but there were two, clauses to Which she could not subscribe ber name the lirst was that ber basbaod bad never treated her in an vngeutlemanty manner, and the other was that she had never seen soy other will than tho one ad- mitted to probate; she did not sign this paper; one month subsequent to this her husband call into the “Growlery,"’ and induced her to sign from which he said be had omitted the tw objectionable cluuses; she trusted to bis honor as.agen: ud a graduate of West Point; she Mas since 4 that the paper was not What it purported ta be; she had herseli written paper in whicu all the denials she made were fouuded, una declared to be oa the word of her husbaud; be tore this paper up aud drew another, which she signed, as stated above, and whieh has been quowd and produced in’ court; er husband promised to expiain about the wil when sue signed the paper; shorty after signing it sbe went to Mr. Roo and anu him about the will; he said, “Shut your damned mouth; you know ail avout that will tuat ever you wif kow Cross-examined—She said was acquainted with Secretary Staptoa, out wever cailed at bis ofiee or. a favor of him; she never played cards at Pate deil’s house. Here the prosecution rested, Mr. Roe Was recaiied and tostified that the will he made to bis wife was the one adinitted to probate, David A, Leou was called, 48 an acoustic expert, to prove toat certain things that witnesses heard could hot be heard in adjoming apartments, Objection was teken to the question put, Sustained, and exception allowed, Beujamin Fraaklin Clark was called and denied that ho ever toid defendant's mother in presence of plaia- ll or at apy other time thatshe was a fool not to destroy a will of hee husband, Mrs, Annie L, Roe, mother o| defendant, was recall and denied that she ever conversed with the plait L destroying a will. Id be guilty of such a dee Alter the examination of Mrs, Roe the counsel on both sides retired to a private room fur the purpose of examining Mr. Roe on subjects ol such a nature as to be unit for publication. The presence of a large deloe gation of laries made this course becessary, a8 the Court did not wish to sbock their sensibilities, When the lawyers returned to court there was a louog whispered conierence with the Judge and the Court adjourned to White Plains on Saturday, May 12 i, depos was mude reaiduary and tho pinintiff said, BURNING OF THE LEO, DENIAL OF THE TRUTH OF THE TWO FIRE© MEN'S SWORN STATEMENT NY CAPTAIN DAN= TELS AND FIRST MATE OLSEN—WHAT THE AGENTS SAY. Another chapter In the history ot the {Il fated steam. ship Leo, Captain Janes Daniels, which was burned at sea on the 13th of last April, has to be told, A Herato reporter calied yesterday upon Mossrs, Murray, Ferrie & Co., owners of the steamship, with reference to the sworn statements of two of the Leo's firemen, Feliz Shelby and Vierce Power, published in yerterday’a Henatp, aod which alleged that the steamship wai Jost nud human Iife sacridced through the wantog carelessness of the captain and bis officers, The foe Jowing statement was made by the firm respecting the firemen's story % COULD NOT BH ULACKMAILED," “Felix Sheivy aud Pierce Power, the two fremea who have inade affidavits againat’ Captain Daniel came to otf office last Monday and demanded that w should give them money. As wo had already helped them when they first returued {rom Savannah alter the loss of the Leo, we declined vo do se, but ofered them work on our Savannah steamship, the General arues, sailing Weduesday. They became tosolent | upon this retusal, saying that tf they did not have money Wey Would publush & statement whien would hartus, We thereupon ordered thew out of the office aud told them that we could not be blackmaled, ‘Their statements are taise.”” THR CAPTAIN'S DENIALn The following i# the Captain's sworn statement og the eubje J, James Daniels, late master of tue steamship Leo, do declare (hat the fire by wiien the suid a s.royed was disc iuy Orders bo seu tected aa n00n as every effort bad been ma % snecess the hatelie fate lowered , and d the bout was bela by Pre ut Was aiterward taken charge seit nud was nally let 29 by 6 aod I dw further declare ered, aud that belor ship's side the ensues were absolutely stopped. Naw Yous, May 1, i877. THE MATR'S DENIALy w of Captain Daniels, came ap n Lian Mr. Olsen, son from bis home ou 3! biackleg, @ cheat at caras and a person totally ua worthy of belieL §=The motion was grauted, Nhe Jew Yous, May 1, 1877,

Other pages from this issue: