The New York Herald Newspaper, September 14, 1878, Page 8

THE COURTS. Fighting Over Recaptured Spoils of the Late War. DECISION. CHIEF ‘JUSTICE WAIT: A Lawyer Turns the Tables Over His Prosecutors. In the wake of the pirate ship Alabama has followed Up to the present an almost ondiess line of lnweuits, 1p one of the most interesting of which a decision was yesterday rendered by Chief Justice Waite in the Cir- eutt Court of the United States in this District. The case grow out of the destruction of the ship Sonora, destroyed at sea by Captain Semmes of the Alabama the 29th of December, 1563, im the Straits of Maiacca. Alter the destruction of the vessel a claim was pretcrred by the owners, Jobn M. Cashing and others, of Newburyport, Mass., requesting the United States government to enforce against tho British government restitution of the value of the destroyed vessel, om the ground that the letter government had allowed the Alabama to sail from one ef its ports under the British flag and manned by British sub- jects, The value of the vsssel was fixed at $39,000, In June 1865, after the close of the war, the steamer Wren was’ proceeding from Havana to Englund, when some of the crew rose upon the offi- cers and took the vessel into Key West, there claim- jog 1 as ® prize, and in one month thereafter a decreo of condemnation was rerdcred, The captain, who bad been employed at Huvana to take the Wren to Eagiand, interposed a claim tor Jona Laird, of Liverpool. Alter condemnation, Prioleau, one e at Liver: pool, caused an appeal’ to be taken tothe Supreme Court of the United States, where the de demnation was reversed ang returned, Thereapon, on the theory thi prop- erty belonged to Jobo Laird, who, it was alleged, nad fitted out the Alabaina, the owners of the Sonora at- tached the proceeds ef the Wren. For convenionce of parties the Mitigation was then removed from Florida to this city, and Foster & Thompsan, wno Glaimed to act os attorneys for Prioleau, having Fectived the proceeds or the Wren, a gar- Bishee process was sorved on them. rt id not appear that the owners o! the Sonora bad any notice of Prioieaw’s claim for the money watil after the commencement of the litigation in Now York, and they contended that the decree of condemnation of the prize court and the decision of the Supreme Court of the United States had agjudged the property to bo tat of Laird, ana that that was conclusive, The gar- Dishecs coutcnaed that the only question decided by the prize Judge Binton- ford, atter issues, decided hing & Co., to the effeer that Laird was owner of the Wren. From thisan ap- peal waa tuken, which was tried before the late Judge Woodruff, but he died belore rendering a decision. There was another trial betore Judge Johnson, occa- pying a week, and the inst triai belore. bim, und he also died before rendering a docisiun. The third trial wok place belore Chiet Justice Waite, being the first trial Deiore him in this circuit, apd baving lived to render a decision bo did so yesterday, reversing that of Judge Blatchford und = holding that nothing occurred in the Prizo decision which prevonted Privioau asserting ownel of the property, and that it was provea before him that the Wren bvionged to Prioleav, and not to Laird e of its soizure. On the trials beture Judg pont was raised as to of the proceedings Detore ihe Alabama Claims Commission, of which Chief Justice Waite was a member, it being claimed that tho proceedings before that Commission auu its Award settled aud discharged the claim as between lish and American subjects, This question ne Reid st unbecessary to decide, as he was cicurly in favor of the garnishves? right to hold the proverty as We attorneys of Prioleau, The amount iuveived by ibis decision 18 something over $30,000. On ull the noes, Foster & 1hompson, were rep- utiord aud A. J. Vander- Messrs. Robert D. Benedict aud nted Cushing & Co. in a similar cupacity, TURNING THE TABLES. Judge Van Brunt, yesterday morning, on the ap- plication of Messrs, Hart & Bamborger, attorneys tor Noah Wheaton, granted au order to show cause why Richard 8. Newcombe, an attorney at law, should not pay over to Wheaton some $1,300 which, it was al- logod, he bad collected and faticd to account for, and why bis name should not be séricken from the roll of avtorneys. The potition sets forth that Newcombe Tendered a statement to Wheaton of the amounts col- Jected in the sult of Wheaton against Kain and others, that sueh statement represented the amount os $1,154 41, wh the amount actually was $2,175; that Newcombe only $373 41 out ot the $2,175. allegatious tn the petition but of minor moment compared wih the oping amount ol iraud already stated. The order made returnable on the 25th it, Newcomve, on being iaterviewed 10 rogard 10 the matter, denied in toto the allegutions made against bim. He stated further that tbe matier complained of oceurred about five years ago, since Which time two or three applications wore made to him by lawyers jor an uccounting in tho ‘Wheaton matter; that be upon each occasion supplied all the information asked oF, to the pertect satiniac- tion of the appiicants. te says, turtuermore, that if the case ever comes before the courts, to which he has no objection, but preters 1t would, he will show ‘esent proceedings. The ire procecaings, showing ther sudden turning © tables, was tho xubse- wt revocation by Jud, ‘an Brunt of his order morning. As the features of the caso ure of a decidedly novel character the rescinding order, ts given below 1a iull:— Ata special torm of the Court of Common Plens, at Chambers thereof, at the Court House in the clty of New Su day of September, 1878, resent, fon, . Van Brant, Judes. vs. James Fay and others.—lv appearing My sAtisinction, Irom the wfligavit of KB. reto annexed, that the applicant for the in has sent to the vari up most curious part of the clurk of this court, issues of such newspapers cou- cinimod, w summary statement of the con- ich sach order was xrantea, eat! ciuim which tho plamtid micht possibly Le id Newcombe, bat that such application w: der that under cover of an ‘cause to be puoi a libel, and that the whele proceoding was to blackinali, it is ordered that the inte paid order be vacated, with $10 be. [A copy.] NATHANIEL JARVIS, Jr., Cloris. Owing to the pecal im the case, as u rogramme will PEBSONATING A DETECTIVE. While Mise Einma A. Richards, of Seventy-eighth street and Fourth avenue, was seated on a bench in the Rawbie, at Park, ia company with An- firew Miceas, of the same residence, on the evening pf the 26th of August Inst, mao suddenly sprang from the underbrush from behind and coniropted them. He charged them with improper condact, stating that the lady was sitting in the gentioman’s tap; that he was « police oflicer, and would huvo to take them to tho station boase at the Arsenal. 8 otu lady and gentleman indignantly denied the impute (eon of the so-calied offioer, Finally tbe jatter inu- if im ot $6 veo bim he would tho amount with were ZY, and taken to the siation house. positively identitied by Miss Itichards and Mr, Naceas @6.the person who haa re; ented himeeit as an officer, and to whom the neckiace and locket Lad been Riven. The foregoing incts were elicited yesterday by Asatstaot District Atworney Herring on tho {fiat of the accused in the Court of General Sexsions, heriand. The prisoner was defended nd Mr, K. 31. Fox. On motion of farther hesring of the case will be resumed on Mon- LIFE INSURANCE POLICY. Frank Focxienb obtained a jadgment against Henry W. Kruse for $160. Exeow jas issued te the Sheriff ana same reterne Sap- plomentary proceedings were matituted, and on tho exnminstion it was discovered that the defendant's iy Ot September, 1878 On Augeast 6, 1478, duage Van Brunt appointed L. A, Gould reosrver, and stom the company tho $1, nt that would become dae, and restrar erbocker Life Insurance Company from paying the rvceiver. A mo- an Bragt yesterday to cate and sot nside the oraer appointing tho re- Aver, ume tne supple- ey of in- the ierther oovedings wero! ted th fet dae and payadie, and on NOW LURK HE BHALU, DALUKUAL, onrinMbnn 14, 16/8 —WITH ground that the same was void and without jarisdic- o eution hi any judgment, im ali ats forms; that it tonal lacts alter th: stituting tary proceed! and that it was state tue 10 went proceedings after juris- diction bad been obtained, and that where prop. erty of auy, Was discovered or woney to become due ou ao ingtfument, even though not due at the Ume Lhe progeeatugs were instituted, the same should ff to the receiver, He denied the motiou. Mr. eidnee . Stuurt appeared for the motion, and Mr. Ge Kracht in oppesition, THE STILLWELL AC?. The case ef Simon Moses, arrested some time ago under the new imprisonment aet, in the matter of Albert N. and William H. Monroe and the Unioa Stock Yards ag the reiators, was argued recently at Jength betore Judge Donohue, in Supreme Court, Chambers. A motion was made by bis counsel, Messrs. Gardiper and Goodbart, to dismiss the pro- ovedings and to discharge th tendaat, Tne motion was based upon the grounds that the relators, having have waived their wee of the Revised that the deieudant having ecu adjudicated a bankrupt and an assignee having been appointed, tne defendant could aol, even it he were commityed upon final judgment in these proceedings, avail himseit of the preferential assign- meat provided for by the so-called Stillwell uct, as the wesiguee in bapkrupicy would take prior tiie to his estate, and thatthe adjudication 1m vankruptey aud the subsequent fon of un assignee and tho assign- ment to Luin ope: ‘@ supersedeas of theve pro- cocdingt, and that the wurranis must be dismissed. ‘Yhe case of Maas ve. O'Be by the Supreme Court, General ‘erm, of the first department, was Judge Dovobug, in decidin, terany saya, “hat a Lull conside: O'Brien jeads 9 cunciusion that it cover these cuses; that 1b mast govern und that toe proceed- ings must be dismissed. Mr. G. A. Seixes appeared for the relators, und Gardicer & Geodburt uppeared jor the delendaat. SUMMARY Ot LAW CASES. Betore Untted States Commissionor Osborne yester- day Bartly Hartinan was ordered to give $1,000 bail on achurge of running an illicit distillery. A suit Was entered in the name of the United States in the Distrist Court yesterday to recover of Frederick D. Tappan, George 5, Houghton and Ellen E, Ward, executors, $3,981 07, as succession tax. This tax is alleged to have accrued prior to the repeal of the act under which it is levied, and, like many other claims of a similar class, is dispeted by the defendants, Amos J, cker, the temperance ayitater, and Frank Meyers, both of whom were tried and con- victed in the Court of General Sessions last week, on the cburxe of stealiag a watch and chain, the property of John Buckley, of No. 100 Christopher street, on the 24d of July last, ‘were called to the bar yesterday for sentence. Judge Sutherland seat tbem to the State Prison each tor two yoars. Winle Rev. George H. Vasseler, of No. 197 North Fifth street, Brookiyp, was riding on a Tenth avenve car on August 26, bo was jostied by a man, and very soon alter he oussed his w. The thie! was overhauled and Purdy and ig residence as No. 410 East Forty-fourt! Whi a je Court of General 5 sions yesterday tbe prisoner pleaded guilty, and Recorder Hagkett sent him to the Stato Prisoa fortwo oars. ¥ August Christman has, through his guardian, Hago Bronderherm, brought sutt for divorce against Emma Christman, to whom he was murried on July 1, 1877. He alleges that «be 18 now tiving in adaltory in Ger- many with Heary Kurchatol. Judge Potter yesteraay granied an oraer directing sorvice of the summons by publication, ‘The trial of William Keating, charged with gran larceny, im stealing upon the 28th di 1 eonora Mallis $80, the property of Court of General yesterday taPart 1, Recorder Hagkett, ‘Mr. Witham ¥. Kiotzing, counsel for the detendant, Gulied a mumber of wituesses to ¢! tablish an uliot, which was believed by the jury. Th prisoner was acquitted. After the verdict Mr, Rolling said, wbile be congratulated the prisuner on his escape, there was still another charge of which he certataly was guilty, having already cuniessed It, The prisoner thereupon pleaded guilty of larceny from the person In stealing from one Bernard McCue, upon the 6th of last Augast, The plea wae accepted, and Ke- corder Hacketl, 10 consideration of tis plea of guilty, kent him to State Prison tor two years. COURT OF APPEALS. Awaxy, Sept. 13, 1878, Tbe Court of Appeals witi meet Monday, Sep- tember 16. The following is the day calendar for that day ;—1 ger vs. The People The Peopie; 8. Tue Poople vs. Mann; 4 Berck va . Noxon vs. Wait; 6. Harney vs. Cherry; vs, Ruthereu; 8.’J. Whitlossy vs. Fri SNEIDER SECURED. THE MISSING PLAINTIFF SENT TO THE HOUSE OF DELENTION—M'GLORY BAILED BY BIS MOTHER. Two men strolled into the Tenth prectact station house on Thursday evening and inquired for the offi- cerin charge. Acting Captain Webb presentod him- self, and recognized in the taller and better dressed of the two the actor, Jenn Thompson, “They were searching bigh and low tor you to-day,” the Captain observed, “{ heard so,’’ said the othor, “so you see that ns usual lam ‘oo hand.’ Perhaps it may be interest. ing.’? he went on, “to know that this is the unfortu- pate dying man whom | abductod from tho hospital. Is was a terrivie oasrage. You sce how near death’s door he is,” and he pointed to his companion, This Henry Sweider, the victim of McGlory’s alleged violence and the pintotif whose disappearance had caused so much exciiement tho day before. He did not look very robust, and his condition was cer- tainly not enviable, There was un ugly xash ander his right eye, 018 forebead was discolored aoa there were cuts and vruises scuttered uver the scalp; but ider Was in nv such strait as was supposed, in soemed comioriable and cheeriul, thompson explao..tion im the station house, urging that netearried off the man sgaimst bis will, but endered him assistance, There was a rumor that tue nded man’s friends purpose to prosecute him but, 48 no Charge had been 10) Acting Captain Wedd allowed Lim to ae- purt wod held Sneider till the opening of court yeuter- ‘day. + BAILED BY His MOTHER, When Justice Kasmire tovk bis seat MoGlory was Jed tu by nis capy Officer Patrick Ryan, of the Tenth precinct. He bad « whispered conversation with bis counsel, while the pinintiif came veiore the bar and Sovisbed bis affiaavi. Then it was an- pounced that McGlory bad resolved 10 wuive ex. Aminatien and was prepared to iurnisn the single 4 in that case fer the $2,000 bail jotber o secure yesterday, aod was,uccording!y, commuted 10 the House of Detention. As his disappeurance bad occasioned Muth Cumment aod pul the puysiciuns connection With the Chambers Street Hoepial in aa unpleasaat Hight betore the pubitc » Henan man aulictied 4 stutement {rom Sneider as to tue vitcam- stunces of the cave. m willpg to tell all I know,” sald he, after a few Smith and I went to ste there two or three tim charged tor going ta. feliuw at tho dour—MoGuire, 1 4 he asked jor fiieen couts Quortor and handed it to Dim, axing Farrell 10 give ima five ceat piece if he bad it. “He didn’s ao so, Dut brushed into the piace along with ino, We went ty tho bar, when dicGuire came 1a and went up to toll ot him lvoking over, aud says 1 to Far. jake a drink and get out,’ A LIVELY BCHRE. evolver. He retased it. “Won't you whack on (ne back ot and I got a 6 scGlory then, for it rT his hand, and strack me over the pend with #hppea aod flow across the rpom. Then he pioked up ® chait and smashed me with it, 1 pad « live-dollar and a one-doliac note is my hand whon the row vegan, and some ove tovk that away while they wero Loat- ing mo. Thero was the deace to pay lor a whit with women screaming and the figut going on, anu then a polioemun jumped in to i, T made « complaint against McGlory and bad bim arrested, When t me w the Cuambers Street Hospital Dr. dressed the wounds. ef mine Guwa stairs with « ovapd, ao go with them, I went dowa stuire, me and Kelly, and drove off with them to tue Ocer Hotel, At twelve o’ciook that night they came atter me and took me to Mra, BicGiory’s house, 1u Went 1 leit thore about noou yesterday jo West. Twonty-tourta Sixteenth sircet, it to Dr. dartin’s a jo attended to my the Tenth precinct station Dow THAT HOKiIv NUISE, It ts understood t! the Grand Jury will bear evi- donco jn rolution to the alleged nuranve caused by tho noise on the Metropolitan Blevated Railway oa Monday next, It 14 said that a number of meroban Whose places of business are situaved ou toe ruute of the Failway end property owners who petition to the Grand Jury will be sumimo _S¥idence on the savjeot, SUPP itis +. OUR COMPLAINT BOOK. (Norn.—Letters intended for this columa must be accompanied by the writer's full name aad addross to insure attention, Complainants who are unwilling to comply with thiarule simply waste time in writing. Write only on one side of the paper, —Eo. Hegaun.) ROWDYISM IN MONROE STREET. To rue Epiror or tus HeRaup:— Allow me to eal! attention toa “gang” of despera- does who congregate on the corner of Clinton and Monroe streets. Their shuating and fighting sta the neighborhood at all hours of the night. RESIDENT. A SIXTEENTH STREET NUISANCE, To rue Epttor ov tus Hexaup:— thorities compels me to seek & nuisance abated, 1t Is ti rear wall of a coal yard on Sixteenth streot, Seventh avenue, [nis wall snould have a picket fence placed before We are compelled to keop our blinds ebut all day, 1B STREET SIGNS, To tax Eorron oF THE HERALD:— The attention of the Corporation attorney is called to the large number of obstructions in the way of signs, some of them extending least six feot fromthe front of buildings in jar street be- tweon Nassau and William, giving tho block a very unsightly appearance. ANTI-OBS(RUCTIO: A QUESTION FOR THE BOARD OF HE\LTH, To tux Eorror or Tax HERALD: — Can you inform the residents in the neighborhood of First avenue, Forty-second and Forty-third streets, why the Board of Health finds it necessary to go cross the river to find nuisances whea the slvughter ana tullow houses tu this localit; d out such horri- bie smoils as they havo during the past weok? A SUFFERER. EXTEND THE TIME, To rus Eprron ov THk HERALD:— Why do not the rupid transit railroads give as clerks, wno are not obliged to be at the office or store until ball-past eight or nino o’clock A. M., a chance to use their roads in the morning? We cannot aflord to y thirty cents more a week tor the luxury of “rapid transit” and we abbor the horse cars. Give us the five cont trarns until nine o'clock. A PATRON, A LITTLE TOO HIGH. To tax Evitor oy tHe HxKaLy:— Why 18 it that we Brooklya peoplo, crossing City Park, near tho Navy Yard, are compelled to strotch our limbs both entering and leaving the Park to tne eight of about sixteen or eighteen incbes instead of an ordinary step or rise of seven to oF tron steps cost the city or park much to accommodate the public | three of four loads of cin rom the Navy Y: from some factory, where they can bo nad for the carting away. J.B. CHILDREN ON THE STREET CARs, To ras Evrror or THs HERALD:— Pease inform the public by what right the Third Avenue Company charge full fare for childrea ovog four yoars of age. 1f Iam not mistaken, the charter of the above company compels them to carry chik dren under ten yours of uge for halt fare, Will tho Hxravo kindly inform the poor laboring min who takes his children to Central Park ona Sunday ti he bound to pay full tare fer them it under ton of rge—in otuer words, if the charter of the bird Avenue Company allows them to chargo full fare for cbilaren under ten years of age? 3 H. 0. MIDNIGHT BRAWLS. To tam Epitor oy tax Herato:— I wish to cail the atteytion of the police captains of the Tenth and Seventoeuth procivots to the dis graceful conduct of the persons who nixhtly hold thetr drunken revels in Eust Houston Chrystie und Bowery. Last Satur: cially they curried their nowy orgi their foul-mouthed and loathvome expres late hour on Sunday moruing to such un extent that 16 gave rise toa zeneral complaint on tho part of the people residing 1a this vicinity; and all this time there Was not a policeman in sight to interfere wi their disgracetul exnibitions. INDIGNATION. TARDY PILOTS. To tue Eptror oy tux Hsrarp:— Permit ine to make a complaint against the pilots of the Hamiton ferry. On this jine the majority of the passengers morning and evening are of the iabor- tng c.ass, whose timo in the morning is exceedingly Unnecossary delays urojot daily occurrence A morning scarcely ever passes that the % eight are not wry or Governor’s Isiand waiting for some luzy tow or vessel to round the Battery. They do not leave or enter the slips with any degree of promptness, and often wait tora full load of trucks or wagons betore starting, thus causing the other boats to be slow im turn, The dtonticelio is about the slowost at present. It is high time that tbe company looKed into the in. le di On this, the slowest of all their ji present pilots or give us more eapabl and wide awake men, PASSENG: REAL ESTATE. The following sales were made on the Exchange September 13:— 1 25x80, of Pitt st., to plaintiff... Jo aN Donnelly, referee—Foreciosure sale of tho 3 ory brick tenements, with a plot of Ind 69.2 <11.9x9 10x56.10x74.6, Nos. 9, 11 and 13 Let 4, 138.7 ft. &. of Bowery, to A. T, Gillender, 25,000 Bush rs x Bt, Total....+.. FFICIAL REAL ESTATE TRANSFERS. The following statement, show'ng the ronal estate transactions recorded in the Rogister’s office septem- ber 13, 1878, 18 ebt T. Docharty, deputy register 0 tt. w. of Delmonten Dine, others: “. 35th wt, wm, 125 fe, st. m #, 160 ft. ot Bizor to Julia M. Clyde 200 Mori eb ides Boalevard (0. 5.) and 10th av., from Both te 60h st., 208x361. 9xirroguine; FW, Loow Re thee. Macdonald and wile to Patrick Wi 4,000 Franktin at, (No, 170), J. A. Foley (reterec) to Ja: cob ROMEE.... see ses seuss 8,000 CM #t. (next to Latheran Chareh), 21.6x100.9% A. T. Ackert (reteree) to Jackson 8. a Myers and wite to Hari of 3 Monan a 6 Comper Neill, Edward Mt. and wi aud others, Now 146 an, Ana and husband, sot a7 Bs IN st gt year. to Alexander Cainpbell 148 Bowory and 43 sree 13,470 f 6,000 jo indyek and others, Canal » on av. and also No. 1 Fate hh + Patrick aud 110ch st. 206 MENTS OF MORTGAGHS. Saviugs Bank tv the Washington i eee $8,000 u 4‘, Soaries Laver,” witht CUSTOM HOUSE INVESTIGATION. NAVAL OFFICER BULT AND SURVEYOR GuaHsM EXPLAIN THE WORKINGS OF THEIR BE- SPECTIVE DEPARTMENTS TO CONGRESSMAN ‘woop. Mr. Fernando Wood was the only member of the Congressional Sub-Commitice on Ways and Means who gat yesterday in the Naval (fice of the Custom House tor the purpose of investigating the workings of that ‘The only officers callea upon to t10n8 were Mr, Silas W. Burt, the Naval Officer, and the Port Surveyor, General Charles R. Grauam. Mr. Burt, im answer to Mr. Wooil’s inquiries, said he has been connected with the Naval Office since 186u. A pripcipal duty of bis present oilico is to establish a method of accountubility by the Collector for moneys passing through bis bands, Without check tho Treasury Department would bave no means of ascertaining whether or not the Collector had performed his duty in making proper retarns for indefuite sume collected, by him. Cats! the Naval Officer has given his siganture to the permit no goods cub loave the warehouse or ship, and thia is not given before the Collector is charged with the sum of the duties received therefor, The sixuature of the Naval Collector can pay out 3 18 acheck not ouly receipts, but also on the disbursomen' isazroemons between the Collector and the Officer ia re ry eretury of who acts as umpire, ferences botween the Naval Ofte lector that require udjusiment tn W: until they are ots DY errors that may originate In the Aporaiser’s ol- fico; and avy errors arising 10 the Collector's office inay be'corrected in the Naval Office to the extoms of $10,000 a yoar. . CLERICAL ERROKS ONLY. Aconsiderable percentage of the errors, he added, are clerical and happen on necoant of the rush of business ia the Collector’ As the Naval Oflice with greater au corrected ments of are ed trom Washingt Large suws have througn the di and the stoppage of collusion between merchants corrupt clerks. Thu Naval Officer agreed twat if m were infallible there would be no need for his office but even an bovest man would not be conteut to bave his accouats passed without some check. The Treas- ury Departmont makes the Collector strictly acoount- able for such sums as reuch his hands througu the javed 10 by tae Naval Ofice the government Naval OMce. Mr. Burt went at length into the de- tuils of the duties of the Audnor of the Ni val Office, who kept the booka, [he number of omployés at present in the Nuval Office is e:xty-th: and last year the salaries of many of them were considerably Feduced. SURVEYOR GRAMAM’S BTATEMENT. General Charles H. Granam, Surveyor of the Port, q ot gauging wines and liquors und werk of yuugers, weigners, measurers and jospectors, In the discharxe of bis duties the inspecting officer 1s Fequired to write a guod hand and have a general knowledge of businoss, is hours of service being Irom perintenus the snore tilt sun The Surveyor explained the method of detailing ingpectors for duty. Colenel Whiting, 98 superinienuent, keeps the run of business done by the inspectors. The complaints about the smug- ging of g so this port aro directed principally Ayainst sicorage passengers aud petty ofllcer: entering here, No permits to discharge night are now granted; they aro allowed torty- 1p Which to lund i, that time. more judi- during tue DB, day than at night, Wuena vi loug voyage the number of cilicers for discharging her cargo 18 doubled. No complaint bad been wade since Genoral Graham came into office about tospect- ors iliegally allowing passengers to take goods usnore with them. As to tue stringency of the custom in overhauling baggage, the luw aliows of no dis cretion on the part of ine olflicer. When a Vousei reaches Quarantine she 1% boarded by & Health Officer o1 the ora report she Depaty Ostiseist beard, ‘The passengers then persenal effects which tne ineluaing such eflccts, and swear t the inspector goes on All in wu deciuration of may have with them, les as jewelry or other dutiabie 1,” Thou, upon reaching the pier, Colonel Bu a officer to each of passengers to e¢: ine the baggage. The appr Ment of duty upou passengers’ effects up to the amount of $500 is made on the spos Tae taspector is the Jadge as to whether effects are dutiavle or not. Jt he bas any dvabs about it he consults with bis su- eriors. The same rule of inspection applies to ail, rom ihe highost to the jowest oluss of pat sengere, ‘Tho law permits of no discretion in these matters, The Surveyor knew of no case whe: ox a their duties; could the present system of a office could be improved; but he was of opinion that some filteen additional ins; the expeditious periormauce ot the service in’ this section. The Colicctor could not temp ly employ inspeciors, but ought to have tho power of twkiog Om additional pb. and suspends them derelictiva of day. Cases 0; reports against offieers and their suspension trom duty bad occurred during the Present Surveyor’s incumbency in office. He had not, howe’ item pted to collect Lacts relative to atlezod abuses in weighing. Attention bad been called to the use of julse Weighis lu weighing sugars and he hud avesiigaied, Tne Su- P k on the weighers. 18 Dot tho practice to dupii wolgherc’ returns commodating mercbants, Weigh- no duplicates ol their work; be turns in to the office bis vriginal book, The receipt of presents by woigners is not allowed nor carried on now ; the tuporvision exercised by alr. Like makes this improb- able, False revurns of weighers, iu collusion with mer- chants, bad been made, and notning now exists to Prevent such things happening again. Mr. Luko had made reports in writing regarding the tuixe weighing of sugar, The tmmugrant baggage is ex- am.ned at Cusile Garden by six iuepecters, who are speciuily detailed for that purpose. The extaplish- he appoints officers meat of a burge office will greatly simplify business aud make the exannuation of bagyage lexs cbnoxious effocts were being ‘Ab this point tu eleven o'clock ou A FEDEKAL OFFICE KESIGNED, uVest'gation wi adjourned til xt Monusy morning. GEORGE H. BETTS, CLERK OF TRE UNIIED STATES DISTRIC’ COURT, TO BE REPLACED BY A NEW MAN. For somo time past a rumor bitherto not traceable to any rellabie source bax been im circulation to the efect that United States Commissionor Betts intenged to resign bis position as clerk of the United States Distervet Court for this district, Upto yesterday the genticman most interested would not admit the fact that he nad any such intention, but now makes no scoret of it, and trankly admits that he has tendered his reatgnation, totake efect ou the first of next month. He will thereafter practice his profession us a lawyer, but retaining bis position as United Sta' Commussione fhe appomtment of his successor rests with Dis- ¢ Judge Chon d the only aspirant to the office prominently spoken of at prerent is Mr. Samuel If Lyman, of the law firm of Converse & Lyman. dir. Lyman ta man of goud presence, about forty years of nge, & graduate of Yate Cullege and 18 reputed to be A near relative vi tue wile of Judge Cuonte, Commissioner Betts bus been twenty-three years in the position, having been appo.nted by his father, tho Juve Junge in 1855, and has pertormed the doties of the office with credit, Ie has suburd Jo bin offieo as old In the service a8 Munsell and re, per- qu lary and recently cut vif by orders of Judge Choate being supvosed Lo amouut 10 the course of year to as high us $10,000, REMINISCENCES, His experienes, it written out, uf Important cases which have come belore him during his term of uillee would be interesting. Among the cnrlicat was tho ex- tradition of turon young Frencamen, charged with embeaziing funds of the Northern tt wae sought tv be mbexziod were cunsiruc- 1 that the crime came, snin the provisions of the extrauition involved a long and some- g many weeks dir. John States District Attorney tor tuis aistrict, rept he prosecution, while the pris- onors were defended by Kichard Busteed, since a United States Judge 10 Aiabaina, amd now wguio a pracising lawyer of this city, ir. Spiithora, a Belgian politicat rotagee, 4 Joun HK, Yogarty, of this erty, voih the latter since dead, In the course of the proceedings Mr. McKeon offered a leer in evidence at which Mr. B government ‘Tho luter was banded to by bimsell aod hould bave a copy ol retain it purpose. A great row, pork, followed this, und Mr. sicKeou waa desitous of bavin, Mr. Busteed punished for contempt of arone the question as to whether or a States Commissioner had power for a contempt of court, aud decision on that question an adjo to peading a ment was taken unttl the following day, when the Commissioner de- panish wish, During the ‘Thomas Carroll, Mr. Bueteod as Cor- Gided that he had m0 power to preceding evening, howev nd thea MeKeua, as be pul y st lever from Mr. Uarroll he thou; Drought tue Kot of taking the leer ingly catiod by set for tJ That ended ali trouble about the letter ana all jase for cou Jaw. owt the relations between Mr. MeKeoa aad Mr. Busteed were by no means cordial NEXT IX OFFICIAL 4G% The next oldest to Commimnoaet Bette now in active service of the Foment, In matters of crim. | jurisaiction, is Commissioner Usbure, whe has di aod secepiacie jadteial and min isterial service du period of rixieen veare. Be * ali emoluments ot Commissioncrsaip, havieg 20 Clerssbip ae sociated with it it is wow posed that this cl clerksnip wi ult iM any genera! of subordinates, especialiy long experience bas mauve te “ww duues, Thoagn ouner posed corvges of heads of depart be no immediate certainty that aay sack afe to take THE MERCHANT CLUB AND THE JEWS. AN IMPORTER CLAIMS TO MAVE BEEN EX- CLUDED BKOAUSE OF MIS PAITH—-CONTR4A> DICTION BY PROMINENT MEMBERS. A communication, sigued “‘iareeiie,” *HR seme and address of the writer secompenying the seme, Was recoived at the HaKatn vflloe yextorday, Charging the Merchants? Club, of Leonard street, wk beving excluded irom tts foll of membersbip & promunent Broadway morchant, oa wecount of bi religes, the applicant belonging to the Jew perseaon, Tommi ing that another Hiltoe-Seicmee seasetion might be impending « representative of the Henaue called upon Mr, Honey Newman, importer of (rimmenge, «& No. 301 Broadway, and asceriames Irom som thet he was tue gemtleman alluded 40 In the ubots Cumann cation, Mr. Newman sald tat the sevieten of many friends he had trequently dined at (he Merchants” Ciub, and was 1 fact im the Habit Of getag there, About two months ago two Of his Gentile iriends urged him to have his Bane propeyd; 1 whet be reluctantly arseuted, He was therelore proposed by Mr, Thomas Stewart, aud seconded by Alexander n Causing bis Game Wo be cordance with the bylaws of wo Lurther tnougnt, Mr, Stewart and asked Lim what bad become of hee membership in the CiUd, When Le Was INiOrmed teat ry Mr. Blowers Coaty matter com tuo official reco: ibut was all tbe 1b Was aveat time rooted out, of the elu 5 The Hxkaby reprenen: rai cillcers und members of the oH of the President, Mr, Walter 4, Lows, a port, be cailed upon Mr. Kendals, the ireasuret, Phat genticman stated Ibat Wiis Was & he bad neard He did nog evea koow that Mr New sé name wad been proposed. As treasurer he Lehail of the individual members jab. Mr. Pomeroy, of the firm of Pomeroy & Piammer, corner of Worth and Cuurch strevts, bas been tor tw trequeauy. Quie tused adimiasivn to ai of ehAtorn Was Bul mewbership. Que viuck bail ficient to keep a man out, Mr. Pomeroy did not derstand way bir. Newman suould say buat excluded om account of bis reiigiva. Mr. Piummer, also a member vt the club, colneided with Mr, Pomeroy. He bas tnany iriecds smomy ihe ud knows quite a Dumber vf uot adinjt to the clue. [ft a geuth Pp posed, aud everything was all right Bo one would Vote aguiust bit on account of his reilz Mr. 3.5. Fisper, of Worth sireet, sald been a imember of the club sinos its orgi Everybody kaew he wus of the Jowlau jaita, never met with any discourtosy er 1 cian. Mr. Elmore, of Witham Lattimer & Co., also a ber Of the club, was asiunished tw hear that at Charges bad been made. iv bad never heard of prejudice aguinst atinitting gentlemen ows fultu, ‘The cluv was a close corporatio ever might be tue private feelings of ibs members us go Orgauization it had wever, in its bylaws oF others wise, promulguted avy edict against tue Jews, SUGAR DELAiNED. Previvus to this all colored sugars coming to this Port were from Demerara. The action of tae customs authorities iu regard to this kind of sugar drove it trom the market, and: it is seut at present to Great Britain, Latterly Cuban sugars bave beca coming here colored with a light motu: fb. In ite nor. mal condition the grade of th ce woud be teen degrees, aud, with the wash, It Would gr down to between seven and tea degrees, making difference of irom one to one and @ ball cepts per Pound, ‘Two cargoes of this kind of sugar were dotainea yesterday, by order of Uollector Merritt, so that samples Migut be taken, aud the speciat (8 are prep.ring w report, which will be handed very soon to the Collector ior nis action, Toe agents claim that ibis coloring of sugar 18 a violation of the law. SHOT BY A BOY. Caarles Miller, the lad of toarteen, of No, 351 Weat Filty-third street, who, on Thursday afternoon, shot Charles Lydecker, uine years of ago, of No. 676 Nini avenue, was remanded yoxterday in the Fifty-seveu Street Coart, to await tho result of the latter's in- juries. He says the shootin was purely uccidonta FIRED AT WHILE ASLEEP, Mr. O. B. Fairbanks, who resides with bis aged mother, at No. 12 Tyler stroet, Paterson, N, J., was awakened from his slumbers a few minutes past mid- night on Thursday by a pistol sbos fired close to the head of his bed. He slept ina little room on the first story of the premises, and the window Ot the apart- ment overlooks a stoop From this stoop, as ne eprang out of bed afior the shot had been dred, Fair- banks heard somebody jump to the ground and run away. He also found, a little later on, an envelope containing several cartridges lying ou the grouud close by a fence to the yard of the premises, On this envelope was the name whieh he refuses to divulge, of a young man who he says is employed in w railway office in Paterson. Lt appears that Fair- banks, Who was @ soldier in the late war and bas becn supportt f late by lector ing, Was arrested several moatus ag a cbarge of senuing obscene m beiore United siutes Comm Newark, who beld hiw 1m bait to it the action of the Untied States Graud Jury. Tne principal wit- Hesses agsinst him were two young men, whom he subsequontly charged with conspiracy ia that connec. tien, and he believes it was ove of them that firea nysierious Slut, Since he preferreu this charge e has, he says, irequently received ters irom them, aud submitted tho hb was Written in hand, as follow:ny, wh on exampio: Fatnanns Yours receiv 'd this you to dis- Ww these papers to ow them te Hamiiton, or two hot whoid you. I never » not with to make minke ® threat In vai your deudly enemy re’ This letter, bo says, was empivyed im the railway offic says HO received tom the other cluded with these Worus:—"17lL in this erty @ perfect hel! tor you,’? Tue case 18 wow 1m tow hands of the police, KEULY'S PIs t by the young m A letler which he ‘oung man con- Aoirew Kelly, twenty Emma Martio, tweoty-three yours of age, of No, 49 Urchard strect, curly yesterday morning entered the quor store No, 712 Third avonuc, kept by Jeremiah K, wand Joho E. Moore, aud asked the latter and three friends to driok with them, This \hey reiusea to ao, Wheroupon the woman became very abusive and w. from the store by Mr, Moore. Oa the side. he was joined by Kelly, who, without a word of discharged @ pistol at Mr, Moure ond hi 4 bey stood in the doorway ul the Baloo Lhe platol was wresved from Kelly by Mr. Muore, wud happeuing along just then, the would-be taken 1oto custouy, The woinsn Martin so jocked up, as was Mr. Moore, whom she charged with sirikiag her in the face and kKnvcking out some of ber teeth. All three Wore suvsequently arraigned im the Filty-seventh Sireot Court, where Mr. Moore and the woman were discharged. Kelly, however, was heid in detwuls of $2,000 bai to answer, ie domied ail knowledge of ine shouting. HELD AS HER HUSBAND. Mary King, a young woman, not mach above twenty, appeared iv the Hariem Police Court yester- day to prefer a charge agntos: am individual who dears two names, sold Judge Wheeler thot tno pris. ooer atthe bur bad married her on the On of July jast, Me bad umed the name of John K: fog the occasion, Rev, Wesioy RK. Davis, of 81. James’ Metbo- dist Episcopal Churen, Harlem, periormed the cere- mooy. The prisoner, denying the impeachment, said shat bis name was Juno Koneally, and iutimated that he was the victim of aconspitacy, * suggosted His Honor, iu au encouraging tow o State Prison tur Itfe, Judge, but don’t coimpel Lam a toai ed tho form: was Mr. Koneally was commited in detaalt, caer ETT FINANCIAL AND COMMERCIAL The Stock Market Dull and Irregular, Closing Strong. GOLD TOUCHES 100 3-8. Government Bonds Strong, States Forgotten and Railways Quiet. MONEY ON CALL 112 Tu 2 PER CENT, Watt Sransr, Pasay, sep 138 Pp wt ‘Te the aresily eetute miod of the operanve broke Ihe stock Market bas aenemed a condition of obfasce Lge Sete completely dafkous ail views of the julare Newber bulls Ber bears feel s parative asseranes 06 10 wher her ney are allest oF ashore, and neither art qwte Coovmeed that an Ot and o8F change of vase would bot ve tee prademt tbing Le sccomphab, Thit iedensee the nataral resalt of « market whict chomges (fom mreag lo Weak oO4 Irom weak to strom wubeut apparent reasoa, bas which nevertpeless stripe (he average deser of his substance us though ue were rated ee Detter thas ao Aldersey oom. Ie. Good, 4 in doabtrut Whether, 1 & pastors! sense, the bf el operators woud eateem him even so Bighly, thon sh, 10s speowintive porns of view, they have Becw eteounly king Ube street for the lent tee daye end have prodeed (hereby, A pull at the market, Grete aed (hen at another, Was the materat oad Wm nadive proves, aod speculaere “weal ia,” as mee G0 (000 mairimony, (aking the Chaaee of the Veatere curneng out “her Getter for worse.” Phat the expert meet bas Oven Uasaiieteciory we gether irom tbe die of chon of the street, Wheek Bas born ebiseiled out Oo} hee Money both as OGll vod Bear, Maners loomed Solwiul eRoayh at (he Close yenteraay and even more doveies dariag ibe carly bowre Of Le-day's season, Dat sbortly ster metician & ch-mge tor ibe Deter Get 18 Wh 60 cdvanerd prices aad eventesiiy closed (nem, Win decided s/remgin, of About Ime best Agares o! (he day, he effeet was semply te remorse the tome o tbe Market 10 Wael | Bed boon two days age, WHKBeNt, bowever, maveraiy eddimg to sue wamoers of the bears or suvurectiaog from these of the Selle, As 4 mavter of feet the Gr ead bear clement te preity woll uiviaed. The bolle bese the eorrectecss Of there opiwions Upon ihe jack (hate large short 1eterest exe Weta, porticaiarly 1@ Lawe Suore ead the greagera, that Lhe prow sent fords are doing a satisiactory business abd buat the balance of foreige trade, grestiy in ces lavor now and likely to continue se lor many moethe to come, ust necessarily eda to oer preagerny and by cousequence to prices, The beara, 08 the com- Leary, effirm that apart trom stock jowbing manipe- lators there 1 Bo demand tor stocks, hat the raile roads are dependent tor shew vareings upon the foreign demand jor wheat, which may at any time be out short vy tue ow irom Russian graveries, ang that the Si. Paul road, by reason of tts loss te tredia, 1s an incubas Upon the market Whreh Re streagte te the rest of the inst wii Be sble to throw of This is the Cond!tiou Of things Whieb prevails te-dayy though the bulls have pusbed inte promine ee twee own opinion of the matier by the ree purchase of Lake Suore and St. Poul pretoreses shares, To a auia- terested observer one thing 1@ patent—vis., thas Priovs strongly resist a dectine, bat readily reepood toan advance, Fini prices showed, aimest without exception, au improvement apo opening ones, the depression of the moraing having gives way to @ decidedly eheeriul feeling in the afteracen, RANGE OF FLUCTUATION, Following aro the opening, bighest and lowest prices of the day, with the three eelvek closing quae Ope Mi Low. me a 'S ee ake Auiantic and P. Tel.. 304, Busy 90 oo a na T. H Im im & — - oy MK Shy 3 eT 7 o tid ie, ur BS Be oy - ww as Ly Canton Land Co... | Jo a0 Det, Lack, ama W.. 61M 62h Sm She Vor end Hut. Camel 0 40% Mie 4 4P So a & < iy ie Ge Be athe N ag iM Wy Te 1 on 5 Oh oo so St mE % cy tn 2 — ss 8a New York Contrat,..113% 3% 18K Me New Jersoy Co Uy Ms OF N.Y. N. He &HL108 188K 1 ee Obie and Mississippt 8 sy OS . 8% Ontario Silver - Panama . = % Pacitic Mat 16x Putsvarg wy a «6«1ty ww oo soy ai" 1) ue * wn was 10s ig 108 OK AN “wy bo rat mM OS ‘THK STOCKS DEALT Ix. mber of shares dealt in at the Bosri 670, OU! these there were:—Western Union, es; Delaware aad Hudson, 220; Pacife Matt, 500; New York Central aod Hudson, 220, Lake Shere, 15,900; Kansas and Texas, 1,000; Northwemern, 9,005; do, preterred, 16,350; 3+. Paul, 8,835; 40. pre. terres, 7,250; Delaware, Lackawanna and Westers, 1,400; Erie, 1,890; Hannibal and St. Joseph, 400; da, preierrea, 200; Michigan Contral, 1,650; Atiaetio nnd Pacific Telegraph, 660; Now Jersey Contrai, 300; C., ©. and 1. C., 1,£05; Union Pactiie, 2,100; Renk Istana, 335; Olio ana Mississippt, 1,870, MonKY. Moncy was lent freely on call at 1 to 3 per cont, Prime mercantile papor rates irom 3% to 4 per cent. ‘Tho following wi York at the aoderm nan, buying %4 offerca, selling % offered; Charleston, % a 6-16, Jy a par; New Orleans, commerciat 3-16, bank 4%; Sti Louis, 60 discouat; Catcago, 25 ote count, ant Boston, par. Gold opened and closed at 100% bat sold ta the tm terim at 100%. Borrowing rates were fiat to2 pes cont, Clearings at the National Bank of the State of Now York wore:— Gold balances... 8,500 Curreucy balance! 861.483 Guia clewriugs, The Clearing House bus: as follows :— Carreney exchan; 961,864, Currevey bilances, 2,436, 6,452,546 054,416 At the Sab-Treasury $57,000 were paid out om ac- count of intorest and $141,000 for called bunds The transactions of the day were:— Coin receipts. $331,800 54 Goiw pay men 270,270 at Com balance... + 126,433,304 39 Currency recep 449,089 50 Currousy pay m 24 38 Currenoy balane Received for as.om: PORMIGN MARKEC, London advices reported cousois i higher, at 0476 095 lor momy and 95 a M55; for the wccouak Unned Btatos bouds adransed yu \f per cent at the opemiag, ¢.08ed at 106, 1867's ut 107%, teon-forties at 1083 a 10855 Dyes at 1085. Erie tell off to 13% w 13% and ptelerred to 30};, but tne former afterward re- covered to 14 and tho latter to 31, Penssylvecia Ventral acvanced i per cent, to 34, and New Jersey ven ‘4 per cent, to 36, Tho Bank of Bogland gained £138,000 ou to-day on bainace, Bar stiver [CONTINUED ON NINTH PAG&I