The New York Herald Newspaper, November 9, 1878, Page 8

The Trial of Alexander Mc- Lane for Homicide. A QUESTION OF IDENTITY. Disputing the Title to Lots on the Bloomingdale Road. ‘The fact that a homicide case is on trial always at- tracts a crowd to the Court of General Sessions; and yesterday was no exception to the rule. The case of Alexander McLane for killing Michael Harden, on No- vember 3, 1877, was continued from Thursday, and yesterday's proceedings were begun by Mr. A. H. Hummel addressing the jury in a brief opening speech and calling their attention to the fact that it was his purpose to establish by the testimony of the accused that the homicide was excusable. He first called McLane to the stand, who testified that on the Saturday evening preceding the election of 1877 he was engaged in Witpen’s saloon in @ discussion with some friends as to the relative merits of the candidate for the Senatorial election, and that the deceased joined in the remarks, and said to him, “You cannot vote; you just spent ten out of the last thirty days on the Island,” to which he replied, “I'll pull your ears,” and was in the act of doing so when the proprietor in- terfered and ordered them both out. Just before reaching the outer step deceased struck him a blow, and he merely pushed the deceased from him, after which he returned to the saloon and went through the hall door to his apartments up stairs. Assistant Dis- trict Attorney Bell, in his cross-examination, devel- oped the fact that the prisoner did not see Harden fall after he struck him, and the accused also admitted that he had once before been arrested for intoxication, Dut was sober at the time of this occurrence. Mr, Hummel next called Mr. McParland, the landlord of the premises where the row oceurred, Mr. Cum- mings and Mr. Salter, all of whom deposed that they had known the prisoner for from six to twenty-five years pest to be a man of peaceful, niet disposition and of excellent character. This closed the evidence and there was then # discussion between Judge Sutherland and District Attorney Bell as to what grade of manslaughter the evidence war- ranted. Mr. Hummel made a terse, logical appeal to the jury, insisting that the prisoner was justified in pashing the deceased as he did, and if the jury credited the prisoner's statement that he was un- warrantably struck first they should acquit. Mr. Bell, in response, claimed that the testimony of the two un- prejudiced witnesses who saw the killing, and whose evidence was unimpeached, showed that no blow had been struck by the deceased and that the killing was inexcusable. Judge Sutherland in bis charge defined the law, and stated to the jury that if the evidence of the prosecu- tion was believed the crime was manslaughter in the fourth degree. He carefully reviewed all the testi- mony and charged several requests which Mr. Hum- anded him. ‘The jury then retired and were out about twenty | minutes. When they returned they rendered a ver- dict of “Not guilty." McLane’s countenance bright- ened, and Mr. Hummel moved his discharge, which elicited the remark from Judge Sutherland, “Human life is very cheap in this country.” The prisoner shook hands with all the jurors and Mr. Hummel and thanked them. Judge Sutherland discharged him, | and he left the court room in company with his | . Counsel, congratulated by a host of friends. QUESTION OF IDENTITY. ¥ Gottlieb Emmanuel Kimmerle was brought up on habeas corpus yesterday, before Judge Blatchford, in the United States Circuit Court, and sent before Com- missioner Deuel for taking of testimony in the case. The facts are somewhat curious, and are as follows ‘On the 3d of October last the petitioner, while un- fer the influence of drink, surrendered himself ‘o Officer Richard Breen, in this city, stating that he was a deserter. He was taken to Governor's (sland and handed over to Captain Joseph B. Sawyer, who found that a man answering the description of the petitioner had enlisted in the Fifth cavalry ander the name of Charles Kimmele and deserted January 17, 1871. Lieutenant George R. Cecil sup- plied him with clothing at the time of the enlistment and he signed his name Charles Kimmele. The peti- tioner states that he is not Charles Kimmele, and that at the time it is alleged he enlisted he was living at No. 93 Willett street, in New York, and was a barber and maker of strops; that he never was in North Platte, Neb., where it is alleged by the army entries Charles Kimmele came from. His wife also gave con- firmatory testimony. The books show that the color of his hair and eyes resemble that of Charles Kim- mele'’s description in the books. Further testimony ‘will be taken to-day. DISPUTED TITLE. ‘The suit of Clark B. Augustine against James Britt, just decided on appeal in the General Term of the Supreme Court, involves a singular question a8 to the title to the land which formed a part of the old Bloomingdale road. This road was laid out about 1726 through what was then the farm of Tennis Ides. ‘When the road was abandoned, under the direction of the Park Commissioners, the title of the land em- braced within the public highway reverted to the “original proprietor or the party who could trace his title to Ides. John B. Cotte, who possessed this title, in March, 1860, sold at that time a portion of the land to Richard Sands, the description in the deeds saying “thence easterly along said southerly side of Ninety- second street 87 feet 4‘, inches, to the westerly side of Bloomingdale road, and thence southerly along said westerly side of Bloomingdale road 203 feet.” Sands claimed that under this deed his title extended to the centre of the road; but Cotte, in March last, sold the land within the boundary of the road to the plaintiff. He in turn sold it to James Britt; but the latter refused to take title on the ground that it was imperfect, and this suit was brought to compel him to perform his written agreement to accept title. The General Term, Judge Ingalls giving the opinion, hold that the con- veyance by Cotte to Sands excluded the land in ques- tion, and therefore affirmed judgment for the plaintiff. INTERESTING WILL CASE. The Gencral Term of the Supreme Court has affirmed the decree of Surrogate Calvin refusing the probate of a will made by Benjamin B, Ludlum, dated October 18, 1869, upon the ground that it had been revoked by a subsequent will made by Ludlum in Switzerland April 30, 1875, and admitting the latter will to probate instead of the former. The second will was in the French language, and after making certain specific bequests devised “the remainder of his property to his natural heirs." The principal questions involved were whether the last will revoked the former will, though it did not do so in express terms, and what was meant jatural heirs” and of his estate. ‘The testator left only his sister, Sedalia P. Otis, and his mother, who died bef nded. The Appellate Court iving the opinion, that as the 1 disposition of all the testator’s property it is inconsistent with th prior will, and it is therefore a rev: previously executed. They also decide that Mrs. Otis, the respondent, is the devisee under the second will, and that she takes real estate in this city under the provisions of the will. UNITED 1 STATES JURISDICTION. Gustavus Abbott was convicted in the Court of Gen- eral Sessions in February, 1876, of the crime of ob- taining goods by false pretences, and sentenced to the State Prison for three years, He stated to Frederick D. Blake, in September, 1875, on the occasion of buy- ing «me goods, that he had begun business with $30,000 capital; that the capital had not been im- paired, and that he did not at that time owe more than $0,000 to £35,000, _He went into bankruptey in the following December, and his schedules then showed that bis liabilities in September were $96,000, and that his a the trial the pris- oner offered a sp had exclusive jurisdiction over the point was presented upon a writ of ¢ eral Term of the Supreme Court. That tribunal has affirmed the judgment, Judge Potter givi fon, in which he says he does ink, » the United States principle ix as claimed, that w! elares acertain act criminal ite jurisdiction over that crime is exclusive, and that thie case is subject to that rule. The United States statute declaret the false pretence “of carrying on business and dealing in the ordinary course of trole” a criminal offence, but Judge Potter decides ‘that this was not the false pretence ect forth in the indictment. The State stat- ute is gen cal, whi! Mnited States statute relates to but a single and specitic false pretence. SUMMARY OF LAW CASES. Mr. Rufus B. Cowing, City Judge elect, sat beside Indye Gildersleeve yesterday in Part 2, of the Court of General Sessions, and watebed with interest the disposition of criminal business. A Spanish cigar maker, named Josep! No. 85 Pearl strect, pleaded guilty yeste Sabana, of y to the charge of committing a felonious assault on Angela Espanol, at No. 25 Bowery, on October 19, by stabbing him jn the breast with a pocket knife, the mitigating circrmatances being that the weapon was used in self- « Sutherland sent him to the Peniten- tiary for one year and six inonths. Th the suit of Edward lowe and others against Charles Guillaim, an execution was issued against the person of the defendant, under which he was ar- Posted and held in custody from the 2d to the ath of defence. Ju by direction of the moved to satisfy from a denial irregularly assented to such release, he should not to avail himself of the entirely inconsistent claim that the execution was legally: issued against him, and for that reason the was satisfied by his ‘Court, therefore, affirms the Young with an bar. Samuel R. Young then went to the assistance of his father. After the parties had been separated it was discovered that the young man who had rushed in to aid his parent had received three stab wounds, one of which penetrated the right lung. When arraigned for trial yesterday in Part 2 of the Court of General Sessions the accused pleaded ex to assault with intent todo bodily harm, and judge Gildersleeve sentenced him to five years in the State Prison, adding that in every instance of the kind where dangerous weapons were used in total disregard of human life the law would be strictly enforced. ‘The trial of the suit brought by dcew Wagner, dis- tiller, against Edgar Ketchum, internal revenue col- lector, was commenced yesterday before Judge Choate and a jury. The suit was commenced in 1871 against the defendant for $25,000, the alleged value of certain distillery, property owned by the plaintiff, which was sei by the defendant on July 20, 1865, under sections 48 and 68 of the act of June 30, 1864, The property ‘was seized and alleged to have been for- feited to the United States because Wagner neglected to “return” the actual number of gallons of liquor distilled upon his premises. While the colléctor was in possession under the seizure the whole property was burned up by a fire, supposed to be the work of an incendiary, and the collector is alleged to be re- sponsible. Anna Schaffner and John Schaffner were married on | the 19th of April, 1870, at St. John the Baptist Church, in Thirtieth strect. Mrs. Schaffner has now brought asuit in the Court of Common Pleas for an absolute divorce, she claiming that her husband committed adultery with one Kate Kennedy. A motion was yes- terday made before Judge Larremore, holding Com- mon Pleas, Special Term, for alimony and counsel fee on behalf of the plaintiff. It was stated in sup- port of the motion that the defendant's father died in 1865, leaving am estate worth between $50,000 and $60,000, a, portion of which will descend to the de- fendant when his mother dies, and that the defendant is a well-to-do undertaker and fully able to support her. The defendant in reply states that the charge of adultery is utterly untrue, and that his wife, who is now tinlne witle We etoae fully able to support herself. le says his own business is not profitable, that he has not had a funeral for two weeks and that his business has fallen off to such an extent that he is about to give it up, and that he has alresdy applied for a position on the elevated railroad. Judge Larre more ordered a reference in the case, In the suit brought by Emma C.T. Mortimer against the Globe Mutual Life Insurance Company Judge Lawrence has fe gs ey an order to show cause why the plaintiff should not file security for costs. e com- pany has demurred to the complaint, insisting that the plaintiff has no case. Mr. C. Seton Lindsay, Sec- retary of the company, makes an affidavit that certain foe ications in ard to the case were, as he has n informed and believes, pursuant to 4 plan to compel the company to pay’ money to the plaintiff which the company is not legally bound to pay. COURT OF APPEALS. Axpany, N. Y., Noy. 8, 1878. The Court of Appeals will convene Monday, Novem- ber 11, 1878. The following is the day calendar for that date:—Nos. 23, 43, 84, 103, 127, 31, 130 and 131. THE LITTLE TRAPEZIST. In the private examination room of Jefferson Market | Police Court all through yesterday forenoon were | seated Mistresses Myers and Barmore. They had been arrested by the court officers on the complaint of the little trapeze performer, Nellie Potter, with the many aliases. Strange to say, this diminutive com- plainant was compelled to stand among the prisoners, while the defendants, who were really under arrest, were furnished with a comfortable and retired room to sit in. After weary hours of waiting the case was called and the three appeared at the bi “You are charged,” said the Judge, “with keeping a disorderly house, Mrs. Myers !" “I don’t keep any house !”’ she replied. | «—Ppidn’t this little girl come to you to obtain em- ployment as a chambermaid ?” asked the Court. ‘No, she did not. She came to a house in which I am staying and hired a furnished room of the land- lady. She remained only a few days, because she be- haved badly, chewed tobacco and was a terrible ex- ample for the other girl inmates of the place. So we to turn her out.” “Oh, Judge !" said the queer looking little plain- tiff. ‘I never chewed tobacco, nor did I do any of the things this woman says I did |” Eg cet kicked out of another house because you behaved badly ?” said Mrs. Myers. “No; Iwas not! You say what is not true.” At this point Counsellor McClelland, who appeared for the defendants, asked the girl if she had not a lit- tle baby somewhere. Her reply was in the aftirma- tive. ‘Then the Court interposed and said that it might have received a false impression of the girl's worth and character; but it would postpone further investi- gation of the charges she had preferred inst the two women until this afternoon. Meanwhile they were compelled to give $500 bail each to insure their ap, ce at the adjourned hearing. ust as the case closed Professor Ripley, the trapeze performer, stepped up to the Judge and requested rmission to tell what he knew of the girl. Before Re could be stopped he gave her a bad character in a general sort of way, and denied that he had ever tried to wrong her. He claimed that his wife had made the clothes Nellie wore during her performances with him and that he had a perfect right to confiscate them when he and she separated. The Professor was invited to tell what he knows this afternoon. ~ WHAE A REVOLVER DID. Thomas Moran and James Martin were strolling very leisurely along Sullivan street about three o'clock yesterday morning carrying between them eight boxes of cigars and three bottles of champagne. They did not seem to be in much of a hurry and were careful lest the bottles which peeped from their pockets should be broken. Suddenly a man stepped in front of them from the shadow of the houses, and coolly presenting a revolver at them ordered them to My the boxes on the side- walk. Their first impulse was to run away, but the ominous click of the hammer of the pistol and glistening shield and buttons on the unceremonious Stranger’s coat warned them to keep quict, as they were within the grasp of the law. They were taken by the officer to the Eighth precinct station house, where the property was identified by John Purcell as his own. At Jefferson Market Police Court he testi- fied that his place at No. 62 West Broadway had been broken into and robbed. The prisoners were com- mitted for trial in defaull of $2,000 each. A DEN ‘The Newark police made a raid early yesterday morning on a regular beehive of iniquity, situated in Come'’s alley, Nos. 9 and 11, Whites and blacks, males and females, to the number of seventeen were arrested and marched to the station house. All except two were fined or sent to jail. One of the most affecting cases was that of Adelaide Terrill, a bright, handsome white girl of eighteen. She hada child with her—her own; but, as she admitted, she had no husband. Her story was the same old re- cital of trusting maidenhood, false manhood and base betrayal and desertion. A few days ago she was deprived of a home and became housekeeper for James Mead, the proprietor of house No. 9. Her father and mother are living separate, he with an- other woman in New York and sie with another man in Newark. Her mother was willing to take her if she would put away her child, but this she would not fo, “The dudge committed her for twenty days, but some city official took an interest in her case and the sentence was set asido and she and her little one cared for. CRAZY WITH DRINK. William Davis, a glasseutter, of No. 75 Carmine street, said to have been a bartender for Owen Geoghe- gan, fought with an unknown man at the corner of ‘Twenty-fifth street and Third avenue on Thursday night. Officer Murphy, of the Thirty-fifth street police, came after the fight was over, but found Davis in a hallway and attempted to arrest him. Davis re- sisted, and while the officer was looking for his pistol struck him in the face. Murphy knocked him down but fell over him, when Davis stabbed him in the head, inflicting a severe wound. A desperate strag- | gle ‘then took place, during which « large | number of people ‘stood around, none of them offering any assistance to either party. The officer, thongh bleeding profusely, held on to his orisoner until assistance arrived. Murphy brought Davin to court yesterday, It was hard to tell which of the two had fared worse, as bandages bound Mur- | phy's head and Davis’ hair was matted with blood and his face scratched in many places. The prisoner . “Twas crazy with drink and know nothing of hat happened."” He was, nevertheless, held in de- fault of $1,000 to answer. | | CRUEL PARENTS PUNISHED. Joseph and Mary Entrobisth, of No. 206 Broome street, who were arrested on Saturday last for intoxi- | cation and for erully treating their children, were arraigned for trial in Special Sessions yesterday. The fath other were sentenced to three months’ impri Penitentiary, and their three childre: Idest of whom isa boy of nine years, were intrusted to the care of the Society for the Pre- | vention of Cruelty to Children, the complainant in the case, | others employed in the, same | percentage allowed py the old committee « VANDERBILT'S MILLIONS Ponderous Questions Briefly Answered by a Medical Expert. LADIES ARE ALL INSANE Dr. Deems’ Relations with Spir- itualistic Mediums. Another day was spent in examining Dr. Dixon, a medical expert, called in the Vanderbilt will case yes- terday. The long hypothetical question published when propounded to Dr. Petzold and Dr. Vande- weyde was submitted to Dr. Dixon with certain modi- fications, so that it read as follows:-- Assume that a porson had such diseases, difficulti sufferings for over twenty years und such neoplaxms for over ten years; also assume that several yeurs before he made his will he repeatedly affirmed the duty of an equal distribution of property among children, and within a few months before he made his will asserted he know what he was going to do with his enormous esta hat he made and violated many testamentary , some of them to his lineal. d ants, of whom seventy; also assume that bet e made hin will he entertained a causeless hatred to all his ten children but the one he had selected to receive his fortune of over $60,000,000, mostly accumulated in the latter years of his life, to w ¢ had given the bulk of it, and to whem and his sons nearly all of it; also assume that he formerly en- tertained for such son not so high # regard as for others of his children, speaking of and to him in opprabrious epithets and saying of his eight daughters that they were splendid women and that he was proud of them, but that shortly be- fore his will he expressed for such son'the highest affection, claiming that he was the only one of his chil: dren who had always been a source of pride and comfort to him, and — exalted to his capacity far beyond his merits; also assum that he decfared, after making such unequal will, that if be ny hundred wills he could not make a better or differ- ent one; alxo assume that he claimed that he had fixed the principal railroad, and of which he had the control and which was the greatest part of his fortune, so that it would run itself, and that he declared himaelf to be the railroad king of the nation, if not of the world, and that his son William would be ‘after him; alvo assume that between will in question and the codicil, reaffirming the same, he asserted that at his death he expected that William H. and his sons would perpetuate the name and honor of the family; that he had especially tested Billy's Corneil; also assume that he naturally had a strong will, rejected all ad- vice, became self-sufficient, almost always abruptly stop- ping and refusing to spoak ‘if interrupted with a question and said had he died in 1854 the world would not have known that he had lived; also assume that he contemplated a monument ono hundred feet higher than any ever built; fiso ussume that for several yours anterior to his will he be: lieved he was receiving conimunications as to his diseases \d business affiairs and finally as to his will from the dead, ate, in your opinion, whether he was sane or insane ? The auditors during the reading of the question consulted the morning papers and the doctor, when the question was finished, with marvellous brevity answered “Insane.” The whole morning session was consumed in ask- ing the witness other expert questions concerning the effect on the human mind of such diseases as the so- called autopsy treated of. The witness recounted the effects of deposits of effete matter in the brain, carried there by the blood, and which the diseased kidneys had failed to throw out of the system. IN MR, CLINTON'S HANDS, y On cross-examination to Mr. Clinton Dr. Dixon tes- tified that he assumed that a man having all the ail- ments attributed to the Commodore in the so-called autopsy could not be sane; could not tell by mental manifestations of an individual of what physical disease he died; assuming that none of the physical ailments spoken of in the autopsy did exist the de- ceased might yet have been insane. Mr. Clinton quoted certain actions of the Commo- dore which were very sane, and asked the witness if all his other actions were like that, would he consider him insane. The witness answered that aman who ‘was sane was sane. Witness was also asked if success in aparticular line of business beyond that generally ob- tained by men would argne that the gainer thereby was insane and said he thought not. ‘Would the fact thata man had the bad taste to declare himself better than ursuité with himself prove him to be insane?’ asked Mr. Clinton. Witness said he thought it would prove a degree of insanity. “Then lam to understand that a physician who thinks himself better than his fellows te e, am I not?’ said Mr. Clinton. “Undoubtedly,” answered the witness. “What per cent of doctors (following this rule) are insane ? About ninety per cent?” “No; notso much. Eighty per cent would be a fairer estimate.” “Doctor, do you belong to the eighty or the twenty per cent ?”” “It would be in bad taste for me to say.” “Would you consider yourself insane if you said you belonged to the twenty per cent ?” “From such an assertion it might be argued that I was. “A woman who thinks herself fairer and hand- somer than her sisters, is she insane ? “That's rather too general, I think, as every woman. imagines she is handsomer than her sister.” “Never mind, answer the question.” “I think she would be. In fact I believe on that subject all women are insane.”’ ‘The Surrogate—Doctor, I would advise you to go home by the rapid transit route after that expression of opinion. mad INSANE, BUT NOT MAD. Mr. Clinton—Arguing wy analogy, then, you would consider Julius Cwsar, Napoleon Bonaparte and all the men who thought or sought to make themselves eater than their fellows, including statesmen and wyers, insane ? Surrogate—Always excepting Judge Black. Mr. Clinton (laughing)—Yes, of course, always ex- cepting Judge Black. judge Black—And, of course, not including the president of the Tammany Society, Mr. Clinton! Witness, when the repartee ceased, said he certainly did consider the classes, with the honorable excep- tions named, in a greater or less degree insane. He wished, however, to have it understood what he meant by the word insane. It was a condition of mind not normal. He did not wish to be interpreted as claim- ing that these men were mad. mn the doctor of medicine and psychology was excused a doctor of divinity was called to the stand in the person of Rev. Mr. Deems. The Doctor was called to reiterate testimony given on a previous occa- sion in the case. He swore that he did not go to Charles Foster's rooms the first time with Alice or Phebe Cary: that he went with some Southern gen- tlemen; did not know the names of the gentlemen or where they lived; was sure he went there with men, and not with women; Charles Foster was not the only medium the Doctor ‘ever visited; was only at three séances in his life. Mr. Clinton objected to the ex- amination, as the Doctor hagl testified to the points in question before. Mr. Lord said it was important to hear the Doctor on these points again, as he might at a future time be able to show that the Doctor had attended a thousand séances. The Doctor continued, and reaffirmed his previous testimony. SHOPLIFTERS Mary Ann Brown, a gray haired woman, dressed in showy colors, was arraigned in Special Sessions yes- terday charged with stealing a handkerchief from Ehrich’s dry goods store, Eighth avenue. Ten days ago she was on trial for a similar offence and was dis- charged, as the evidence against her was not consid- ered sufficient. Yesterday the case was clearer and the Court sentenced her to six months’ imprison- ment. Annie and Minnie Smith were also arraigned charged with stealing several bonnets, an undergar- ment and sundry other articles from & Taylor's store. Annie pleaded guilty and stated that her com- panion was entirely innocent and that she did not wish to implicate her. As the stolen property was found ina basket which Minnie had carried on her arm the Court awarded each a term of six months in the Penitentiary. EXPENSIVE FEASTING. Richard Deeves, of No. 245 East Fourteenth street, appeared in the Fifty-seventh Street Court against James Stockman, eleven years of age, of No. 612 East Seventeenth street, and Thomas White, nine years of age, of the same place, whom he chargéd with stealing from him four iron plates valued at $7, ‘The young- sters rubbed the tears from their eyes and adinitted that they were guilty. When asked what ocew they followed they answered, “We go to sch appears they stole the'irou and then eold it for two cents, with which sum they bought pie and enjoyed a feast of crust. They were each held in default of $100 bail, despite their many sobs and expressions of sor- row. THE KEARNEY (N. J.) TOWNSHIP TROUBLES. * & MISSTATEMENT CORRECTED —EX-TREASURER JACOBUS’ ACCOUNTS CORRECT. To Tar Eprron or THe Herain:— An article published in your journal in its issue of the 14th ult., is calculated to do me a great injustice ent that Iam likely to be prosecuted for nt ent of the public funds, The matter in which this statement had ite origin grew out of @ difference of opinion in the interpretation of the law, and has been amicably settled, as will be seen by rence to the following note from the present Chairman and ‘Treasurer of the Township Committee of the town of Kearney. rs truly, ALEXANDER JACOBUS, ex-Treasurer of the town of Kearney. NOTE OF THE TOWNSHIP COMMITTEE. Trenton, N. J., Nov. 8, 1878, The matter between the township of Kearney and ex-Treasurer Alexander Jacobus, arising from the ‘ollection of arrears of taxes, and repudiated by the new com- mittee, and for eys paid out without warrants from the Township Committee, has been amicably adjusted and settled, JAMES A, BELL, Chairmen, no BinixoeR, Treasurer, SOUTH CAROLINA LAND SWINDLES, TRANSACTIONS ON WHICH THE INDICTMENT OF CHAMBERLAIN IS BASED—REMINISCENCE OF THE CARPET-BAG REGIME—FACTS BROUGHT TO LIGHT AFTER LONG SUPPRESSION. The South Carolina Constitutional Convention of 1868 (held under the military supervision of the United States) passed on the 7th of March, 1868, an ordinance which made it the duty of the General As- sembly to provide for the establishment of a board to be “known and designated as Commissioners of Pub- lic Lands,”” This ordinance authorized these commis- sioners to purchase, under regulations prescribed by aw, at public sale, or otherwise, improved or unim- proved real estate within the State, provided that the purchases in any year shall not exceed the amount for which the General Assembly should make an appro- priation in bonds for such year, and provided, fur- ther, that the price should not exceed seventy-five per cent of the value of the land and improvements, It also authorized the Geners] Assembly to issue to the commissioners State bonds to such amount as it might deem expedient, wherewith, or with the pro- ceeds thereof, the commissioners should pay for such lands, provided that such bords should not be nego- tiated at less than tht par value thereof, It also au- thorized the commissioners to lay off the lands into suitable tracts and to sell the same to actual settlers, upon condition that one-half thereof should be put in actual cultivation within three years, THE BONDS ISSUED. Under authority of this ordinance the General As- sembly passed on the 27th of March, 1868, ‘an act to provide for the appointment of a Land Commissioner and to define his powers and duties.” This .act created an advisory board consisting of the Governor, Comptroller General, State Treasurer, Secretary of State and Attorney Gencral, who were authorized and required to appoint a Land Commissioner of the State of South Carolina who should, in the discharge of all the duties imposed upon him by the act, be governed by the instructions and advice of the Ad- visory Board. It also authorized the Treasurer of the State to issue to the Land Commissioner State bonds in the sum of $200,000, “if in the opinion of the Ad- visory Board so much should be necessary.” Under this. authority and direction the Treasurer .paid $200,000 coupon bonds. Om the lst of March, 1870, the General Assembly passed an act by which the Treasurer was ‘authorized and directed to issue to the nd Commissioner’’ $500,000 coupon bonds of the State, if, in the opinion of the Advisory Board so much should be necessary, to be ‘‘negotiated in such form and manner as the Advisory Board should by a majority determine.” Under this act the ‘Treasurer issued bonds to the amount of $500,000. At the date of the bear of the first act Robert K. Scott was Governor, Dr. J. L. Neagle was Comptroller General, Niles G. Parker was State Treasurer, F. L. Cardozo was Secretary of State and D. H. Chamber- lain was Attorney General. By this advisory Board C. P. Leslie was appointed Land Commissioner. By an act approved August 26, 1868, the Governor (Mr. Scott), Attorney General (Mr. Chamberlain) and ‘Treasurer (Mr. Parker) had been authorized to ay joint a “Financial Agent of the State,” to reside in ew York, and “‘to be subject to their direction and control.” They appointed H. H. Kimpton. On the 1st of March, 1870, R. C. De Large was appointed Land Commissioner in place of Mr. Leslie, and on the Ist of March, 1871, H. E. Hayne was appointed in place of Mr. De Large, who been elected to Congress. It was during the administrations of Messrs. Leslie and De Large that the frauds are alleged to have been committed. CONDEMNED BY THEIR FRIENDS. The proceedings of these two first named Commis- sioners, together with the Advisory Board and finan- cial agent, were made the subject of legislative inves- tigation in 1871. The committee was composed of typical South Carolina statesmen of the carpet- ‘riod—Whittemore, Swails, Dennis, Gardner an: im Hurley. : Even’ they, after a painstaking exami- nation of all the facts then within reach, could but denounce the transactions of this commission. They say:— The committee believe when all the accounts, as well as letters and every other kind of information concerning the commission are presented, they will be borne out in their conelusion by every honest: mind that a more outrageous and enorm #« swindle could not have been perpetrated and more suitable manner of concealment perfected. * * * It will be observed that men in high places, through their Kinsmen and trusty friends, have not unmindfal of the opportunity to make an honest penny. Nor have they been forgotten by the Advisory Board advising upon purchases to be m: It is @ prosumption almost conclu. sive that unless some consideration was offered to some of the Advisory Board worthy of a decision in favor of the pur- chase of any tract of d such decision would be withheld, and however fair gt just the price asked the applicant would meet with no encouragement. Besides this, some of the members of the Advis joard are believed to have used their position for the enhancement of their own gains and entered into collnsion wit! ther parties fora division of lands to the State at a price ¢ sum demanded by the original Nor has the Executive himself been behind his peorg. Gf, collateral testimony is sufficient) in eagerness, through “confidential friends,” “old army companions” or handy resident relatives, to sell tracts of land to the State and receive the highest possible price for the same without reference to the real value. His frequent outbursts of in- dignation over “the damned swindle,” as he call: the cloakings of his confederation with such as from the treasury by # concert of action that ma pose sure. PAVING THE WAY. This committee further reported to the General Assembly that the resignation of Leslie was procured by Kimpton and Governor Scott and others in the commission (whose plans he was not trusted to carry out), and that he received for such resignation oblivion of certain dark transactions connected with the Blue Ridge Railroad funds and a valuable consideration of nearly $50,000. But before he resigned he paid to a certain beneficiary of the commission $36,488 for a tract of land worth less than one-tenth of that sum. ‘Then followed the administration of De Large, who “kept of his transactions as Land ‘No information could be ob- H. E. Hayne, his successor in They says the office, “from the books found in his safe. were as blank as the day they came from the pub- lishers.” But if the books were silent the Commis- sioner and his friends were active, and quickly utilized what Leslie left of the $700,000 land commfksion bonds. It were idle to tell again the story of these things—of the purchase by the State of “Hell Hole Swamp,” an utterly worthless tract of land, for the enormous sum of $120,752, and innumerable lesser swindles. MORE CONDEMNATION. Suffice it to reproduce the summary of the Legisla- tive Committee of 1871, as follow: The committee has little infor belief that the State has valid titl purelased by. the Land Commiss than this, 9 jarge proportion of the land paid f either inaccessible ‘so poor that the class of people for whom the public lands were intended will not be anxious to settle or be ablo out of the products of sach lands to pay for them in the tim provided by the law. The statement will boar reiterat- ing, that the Land Commission and its operati been an ontrageous and enorm: + jogal means to bring these fraudulent t aud the corrept complications to ation to encourage the we-half of the land hered there can be upon, and sooner the work is began the less liable will the guilty be to cheat the demands of Justice. Such was the conclusion of the joint special finan- cial investigating committee of the radical Legislature of 1871. A LONG TIME SUPPRESSION. Of course nothing was done except to silence the malcontents by methods which were well undérstood by the men who ruled South Carolina in those dark days. Nevertheless the matter was brought up ses- sion after session by those who wanted to make some- thing out of the fears of the commission, but always with the same result, till the overthrow of Chamber- Jain and the inauguration of Hampton gave the plundered people of South Carolina an opportunity to investigate the matter, to verify the report of the legislative committee of 1471, and to prepare the way for carrying out the recommendations of that coni- mittee, as quoted above. 3 All the efforts of Governor Hampton and the State have, however, been thwarted till now by the obsti- nate silence of the conspirators and the consequent impossibility of producing legal proof of the com- plicity of Chamberlain and Kimpton in the frauds which were known to have been committed in the matter of these Land Commission bonds. It is now re- ported on what seems to be good authority that two members of the Advisory Board, Neagle and Parker, have at last turned State's evidence and given to the Grand Jury of Richland county (in which is the capi- tal, Columbia) testimony upon which indictments have been fownd against Governor Chamberlain and Kimpton, The $700,000 bonds istued to the Land Commis- sion are part of the bonds the validity of which is now being investigated by the speciil court organized for that purpose by the General Assembly last winter, "They are mostly held in this cit; The regular monthly statement of Comptroller Kelly to October 31, 187, issued yesterday, covers the following points:— Bonded debt, including assessment bonds— Amount, less sinking fund, Dec. 31, 1877. $11,649,317 Amount, less sinking fand, Oct. 31, 1878. 109,088,599 $2,560,718 Revenue bonds of 18 Amount outstanding Dec ++ $6,051,404 Amount outstanding Oct. ee | 2 Decrease... ... + $4,561,862 Revenue bonds of 1874 (issued in antici. pation of the taxes of 1878 for payment of current expenses of city government Amount outstanding Oct. 31, 1 eevee $14,646,175 city debt, as compared with same date in 1877-- ‘ytal debt, less sinking fund, Oct, 31, 131,806,805, 1si7 . 125,224,317 Total debt, 1878 . MUNICIPAL ‘Tho City Hail statesmen begin to speculate already as to the presidency of the next Board of Aldermen. It seems to be yet an open question as to whether or NOTES. NEW YORK HERALD, SATURDAY, NOVEMBER 9, 1878—WITH SUPPLEMENT. —s_— ae not the republicans or anti-Tammanyites will the office, Alderman Morris is said to be the,ch... of the former and Alderman Mott of the latter. Rumors were again circulated at the City Hall yes... terday that Governor Robinson would remove the Sheriff, Register and County Clerk 8 short time. The Board of County Canvassers will commenés™ to count the yotes cast at the last election on Tuesday next. It will probably require the official canvass to settle the Assembly contest in the First district and the Aldermanic question in the Seventh between Messrs. Hall and Hatscl. Mayor Ely states that he has not yet made - his mind as to filling the vacancies in the Police, cise and Tax di ments before the Ist of January. It is ‘underst however, that this duty will be left to the discretion of Mayor-elect Cooper, who held a long con- sultation with Mr. Ely on Thursday. THE KID GLOVE CONTROVERSY. A PROTEST FROM THE MERCHANTS TO FORM THE BASIS OF AN APPEAL. 3 Secretary Sherman, represented by Assistant Sec- retary French, heard the appeals of Messrs. Wil- merding, Hoguet & Co., C. A. Auffmordt & Co., nd others against sustaining the decision of Collector Merritt on the kid glove reappraisements on the 6th inst., and sustained the Collector in every particular, It was decided that the merchants in question had no resource, except on an appeal that the proceedings be- fore the general appraiser were irregular, on which they can go into court. ‘The basis of a suit was laid yesterday by Messrs. Wilmerding, Hoguet & Co. by sending the following protest to Collector Merritt:— ‘THE PROTEST, Sin:—We protest against your decision as to the rate and amount of duties on certain leather gloves entered by us April. 10, 1878, per steamship Lessing, because said iner- chandise’ js only liable under existing laws to duty at ey per cent ad valorem on the invoice or entered value thereof, and that there has been no regular or lawful appraisement upon which duties can be legally assessed upon any greater value than the entered value. We also separately and specifically protest against the ad- dition of the additional om penal. duty of twenty per cent claiming that there has been no appraisal of the value of the goods in quostion In excess of the entered value thereof, according to law. Wo further separately and specifically protost and claim that after the entry of the goods in question the local ap- praiser made a report to you of the valuo of said gloves, with which report we were dissatisfied, and thereupon de- manded * reappraisoment according to law, which renp- praisement was allowed anda merchant appraiser appointed tw be associated with one of the general appraisers, and ther roceedings were had before said merchant ap- praii \d swid general appraiver, and the question of tho value cf said glove: jumitted to their determination. Whereupon the said general appraiser made his report of the valne of the goods contains in said invoice, report among other things fixed the value of ladi button gloves at fifty-two franes, with # discount of six per cent, and. also advanced the value of other of said gl beyond the val merchant app) Jadies’ two-button kid gloves at forty-two francs, with « dis- eonnt of six percent, and the other goods of said invoice according to the entered value thereof, and that thereupon, before any duties could bo Inwfully” assessed and before the additfonal duty of twenty per cent could lawfully accrue, it became the duty of the Collector to decide which of the two said reports he would accopt as giving the value of said goods for the purposes of the ussossment of duty; but we prot that said Collector has never de- cided hetween said two reports as the law requires, and thus no appraisement has been determined by which the true which - value of the goods or the purpose of levying duties has been ascertained, We further separately and specifically protest imposition of more than fifty per cent on ¢ value of said goods upon the ground that upot iginal appraisement, and upon tho reappraisement, and also upon the action of the Collector in the premises as to the value of said goods undue influence was u: the special agents of the Treasury and to bias and direct the action ‘of said ay and Collector, and that the appraisers a port of New York in their preliminary e: port upon said goods did not act upon. tl but proceeded arbitrarily in accordan inst the tered by others y understood to be the wishes and desires of special agents of the Treasury and other high ‘Treasury officials. And, fur- ther, when we received notice of such report we demanded @ reappraisement, which was allowed as aforesaid, and upon such reappraisal the general appraiser, who w ciated with a merchant appraiser, acted under dur pressure of said special agents and other Treasury offici and upon @ misconception of the duties of his office, to wit: Thut he was but # subordinate officer, and bound to act upon the judgment and wishes of those whom ho regarded as his superiors, viz., special agents of thé Treasury. heads of bureaus in reasury Department, ax well as the assistant secretaries and Secretary of the Sibel a and that under this belief and by the influence of #1 special agents and others, made report to the Collector of Customs contrary to the facts in the case and contrary to the ev: ce adduced upon suid reappraisement and not in accordance with his own unbiassed judgment, and that tho report of said general appraiser advanced the value of suid goods as heretofore set forth beyond the entered val and we protest and claim that by reason of the aforen matters and of the influencos brought to bear upon said general appraiser, and by reason of his acting upon his er- to his being a subordinate officer, subject jon of his superiors in making such sppraise- mont and not un independent judge, snid report and all pro- ceedings thereunder were invalid, ilegal and void, and we therefore protest at for the reasons aforesaid the actual m: id goods for the purpose of has not been ascertained, and no duties be- ccrued, a1 egal and void, and in particular tho exaction ‘of the additional or penal duty of twenty per cent. ‘We therefore pay the duties demanded upon the value be- yond the entered value of the suid goods and the twenty per cent additional duty under compulsion and simply to ob- tain the delivery of our goods, VILMERDING, HOGUB® & CO. To Hon. E. A. Mannirr, Collector of Customs, Port of New or) COTTON EXCHANGE. Ata meeting of the Board of Managers of the Cot- ton Exchange, yesterday, an amendment to article 9, section 1, of the by-laws, was adopted. A meeting of the Exchange has been called to consider the same on Monday, November 18, at three P. M. The by-laws and rules of the Exchange have been recodified by the Board of Managers, and the members of the Exchange will vote on the same at this meeting. BUSINESS TROUBLES. A meeting of the creditors of 8. W. Baldwin & Son, wholesale dealers in leather at No. 6 Ferry street, was held yesterday at the office of Register Little. A com- position was. accepted at twenty cents on the dollar, cash, in ten ‘and twenty days, the liabilities being $74,000 and actual assets $15,000. The creditors of Israel Farjeon met at the office of Register Little yesterday and elected Edward R. Ander- ton assignee. Twenty claims were proved. At a meeting of the creditors of John H. Pentz, for- merly of the Metropolitan Public Conveyance Com} pany, held at the office of Register Little yesterday schedules were presented showing liabilities $35,700, and Francis M. Hoag was elected assignee. REAL ESTATE. ‘The following sales were made on the Real Estate Exchange, November 8:— BY R. VY, HARNETT. Frderick Swarts, referee—Foreclosare sale of the five story brown stone front building, with lot 24.4x 100x22.7x69, No. 2d av., w. 8.98.7 ft. 8. of 45th st., to plaintifi $13,200 BY JOWN 7. BO Alfred McIntire, refereo—Foreclosure five story brick dwellin, Broome st, north gust Hassey.. William Bloom the four story 20,11 x80, No. 2, to plaintiff. . Alfred Erbe, referoe—Foreclosure ule of two five story brick nelidings. with les yt lot 28x 127.9% i No, 162 Division st. n. e. corner of (Nos. 4 ) Essex at.; leased May 1, 1872; term, 20 annual ground reut, $2,000; to plaintiff... $8,000 ay & Lp. . Feferee—Foreclosure sale of ‘n stone front house, with lot 2d ay., s. €, corner of 114th st. OFFICIAL TRANSFERS, The following is a statement showing the real estate transactions recorded in the Register’s Office Novem- ® 8, 115 ft. w. of 4th av., 20x100; East River Savings Institntion to Robert Rogers. |. &., 206.6 fl. w. of Greenwich st., 22.6362, Banta to Hi ta 175 ft. ‘A. Elliott to Ani Hott an ni, w. corner 69th st, 100x1C | Schack, trustee, to Amos BR. Eno. 9,425 268.9 ft, w. of 2d av., 18.0x08.9; Isaac No, 103; Charles G. Hi H. Wildey (easehold). Cannon st. n, e. corner of Broom Melntiro (roferee) to August Hassey Nom. 15,100 wt, 25x75; A. MORTGAGES. H., to Mary in, & # of 11th st jl year. &. and wife, to of Oth av. ; 2 nah L, and hus f 13 w. ‘ie et ake i 5 hard, | 27th st., 0. of Sth av.; 7 years. MeManus, Thomas and wife, to T. R. Butlor, Sth st, 820 ft. e, of Oth av; 8 8 to same, s. 8. of S8th h 1, to 8. Marks, w. Rite New York Life Insurance Same as guardian, & guardian, &e.. Invurauce Depa , aE SR syyaaNOfM AND COMMER The Stock Market Dull and Weak. GOLD 100 1-4 A 100 1-8, Government Bonds Firm, States and Railroads Higher. MONEY ON CALL 5 A 3 PER CENT, ‘Waxy Srreer, } Frivay, Nov. 8—6 P, M. For the greater part of the day the stock marke was sluggish and dull, with few ear marks that be tokened the presence of large operators and nothin, | to enliven proceedings beyond the skirmishing of tht | smallest of bulls and bears. What, however, com | menced as an affair of pickets, ended ina general en gagement before the day was over and the entire active list was wheeled into line. Western Union wae pushed forward to receive the brunt of the attack, and got it—badly, too, if the bulls are candid enough to confess the truth, and, if not, quotations, like sponsors in baptism, will answer for them. Opening at 977% the price held sluggishly about these figures for the better part of the morning, the stock being voted a dead cock in the pit as viewed from a sportive and speculative standpoint. After midday an inclination to drop was arrested by the appearance of Gould’s brokers, who not only gave a fresh fillip to waning figures, but created a belief in higher ones to come. Out of this clear sky the thunderbolt dropped. With the suddenness of a “presto, pass” the price from being excessively strong became .ex cessively weak. Gould’s buyers yielded the pas to Keene's sellers, and the quotation, so firmly estab- lished, fell to pieces like a house of cards. In twenty minutes the price had declined from from 97% to 95; in ten more it had rallied to 96; next it fell, with equal celerity, to 9334, and wound up at the end of the day at 94%{. These perturbations and this calam- itous ending were the natural sequence of the reoéni absurd advance. Like the lager of commerce, thert was a maximum of froth and a minimum of founds tion in the movement, and holders of the stock at high prices have to-day realized the fact. The gross absurdity of marking up the value of a property some fifteen points because it was proposed to increase its debt, and of promising to pay six per ‘cent per annum on fifty millions of stock, when with great difficulty it has been only able to pay six per cent on thirty-five millions, is beginning to strike the speculative mind as well as the pockets of deluded stockholders. Until the lapse in Western Union brought everything down by the run the Northwestern and Lake Shore properties exhibited considerable strength. ‘This, too, in spite of the very probable belief that Mr. Gould has been a liberal seller of the first and Mr. Keene of the second. It does not appear that Lake Shore will be injured as a specula- tive fancy by the distribution of a large block of stock. For the future it offers itself for specula tion upon its own mertts without the danger of being overwhelmed on the occasion of any material rist by an avalanche of sharesfrom any single quarter Most of the specially active stocks recorded lowa prices at the end of the day insympathy with Westers Union. Exception is to be made, however, in thi case of the Hannibal and St. Joseph shares, whick made a bid for a new lease of activity and ended bet ter than they had begun. The market, at the end, wae weak and feverish, the consumption of leeks by the bulls had been especially thorough, and the fruits of the fall pretty well absorbed by such lucky bears ag found themselves short when the break came. The opening, highest, lowest and closing prices of gold and stocks at the New York Stock Exchange to-day were as follows:— }. Highest. Lowest, Del. and Hudson. 45, 4535 45 45 Western Union 9336 bal Pacific Mail. 15 15% 153 IG New York Cen. and H.112 112 llsg = 1g 60% §©— 69% 88. 68%, nix 17 17 43% 42% 16 T45 1! 32% 31% 32 683g 67g 615 5lis 50: 50: 19% = 18% 18 sg 7 b7g wy 19% pia BS am 83 8335 827 Chicago, 112 112 112 bill Union Pacific. 69% «= 60% «8 68; Mlinois Central. 18M 9 9 ‘78: Han. and St. Jo.. 154 16% 15% 15; Han. and St. Jo. pref. 3934 4055 39% 40} The closing quotations at three P, M. were:— Kansas & Texas. I jar 6,d a1 wsaezeaet suparyipagte 34 i: os HN Han & St J “« Itinols Central, 785. The total sales of stocks at the Board aggregated 167,389 shares, which were distributed as follows:— ‘Western Union Telegraph, 28,690; Pacific Mail, 400; New York Central, 210; Erie, 6,720; Lake Shore, 43,110; Union Pacific, 4,105; Illinois Central, 300; Pittsburg, 1,020; Northwestern, 22,280; do. preferred, 17,450; Rock Island, 1,800; St. Paul, 17,818; do. pre ferred, 5,550; Wabash, 4,537; Ohios, 100; Lackawanna, 6,264; Hannibal and St. Joseph, 3,240; do. preferred, 3,550; Delaware and Hudson, 535. Money on call was easy at 49 5 per cent, and closed at 3.a4 per cent, the last loan being at4. The follow. ing were the rates of exchange on New York at the undermentioned cities to-day :—Savannah, buying 14 offered, selling 4 offered; Charleston, scarce, prices firm, 5-16 a ‘discount, 3s a par; New Orleans, commercial, 14 @ 5-16, bank, 1s; St. Louis, 750. pre- mium; Chicago firm, 50c. a 75c. premium, and Bos. ton, par. Foreign exchange was firmer and rates were advanced to 4.81 for bankers’ long and to 4.86 for demand sterling. Gold was weak in tone and declined to 100%, af which figure the market closed, ‘The Clearing House statement was:— State of New York were:— Gold balances... Currency balances Gold clearings... ~ 10,250, Government bonds were less active, but firm, and closed at the following quotations :— Asked, United States currency sixes... . . 121% United States sixes, 1881, registered. ion an United States sixes, 1881, coupons... 103: ® United States sixes, 1865, new, reg... 1034¢ C7 United States sixes, 1865, coupons 108 6 4 United States sixes, 1867, registered. . 106! Awd: United States sixes, 1867, coupons... 106) 106 United States sixes, 1968, registered. 083) United States sixes, 1468, coupons... 1084¢ 109 United States ten-forties, registered. 107)¢ 1073, ‘United States ten-forties, coupons 107 1075 United States fives, 1881, registered. . 105 105? United States fives, 1881, coupons. ' 1054 104: United States 45's, 1891, coupons... 10414 Joan United States fours, 1907, registered. 100g 1004 United States fours, 1907, coupons... 100) 1004, ‘The London advices report a decline of 4% a% per cent in consols, which are quoted at 964% 9 96% for money, and 956% # 95'¢ for the account. United States bonds, however, were strong at a further improves ment of $y @ 4 percent, 49's closing at 107 a 107%, fives at 10854 a 10894, 1867's at 1091¢, and ten-forties at 1003;. Erie fell off 34, to 199%; preferred %%, to 82%, and Ilinots Central s, to 805. New Jersey Central advanced 1, to 31; Pennsylvaniay;, to 94%, and Read- ing %, to 13%. The rate of discount in the open [CONTINUED ON NINTH PAGE