The New York Herald Newspaper, December 11, 1878, Page 9

HE COURTS. Are Elevated Railroads Taxable as Real Estate ? SSR EEL CONFLICT OF FEDERAL AND STATE COURTS Dr. Bradford Convicted of Malpractice on Vicky Conners. The Commissioners of Taxes and Assessments in January last assessed the real estate of the New York Elevated Railroad Company at $1,204,500 and its per- sonal property at $10,000,000, In April the company asked to have the assessment corrected, stating, as the basis of such application, that their capital stock actually paid in was $1,063,000; that they had no real estate, and that there were no surplus earnings. The Commissioners reduced tho personal property liable to taxation from $10,000,000 to $150,000, but re- fused. to make any reduction as to the real estate. To settle the question an appeal was made to the court and the motion came yesterday before Judge Barrett, holding Su- preme Court, Special Term, upon a writ of certiorari to review the action of the Commissioners of Taxes and Assessments. The company has been obliged by law to pay to the city five per cont upon its net in- come for the use of the streets, which was one ground of objection to the assessment in question. In its statement, asking @ correction of the assessment, the company added that most of its columns then in uso ‘were upon the curb on a line with lamp and awning posts, and did not interfere with the use of the curb or street; that the rest of them were 80 placed that they did not interpose any serious obstruction to travel or to the free and ordinary use of the streets; that the foundations were below the surface of the streets and in no way interfered with traffic, and that the whole of the company’s movable property, exclusive of the foundations, columns and superstructure, is not worth more than $150,000. The Commissioners thereupon, as stated above, re- duced the assessment upon. personal property to $150,000, but retained the original assessment upon real estate, which, they say, does. not exceed the tull value, as the company reported the cost in their re- port to the State Engincer at $2,673,69017. In the petition upon which the writ of certiorari was granted the company say that the average size of the founda- tions at the bottom on the old portion of the road on tho west side is 4 fect square, and on the new portion on the west side and on the cust side 7 fect square, making in the aggregate 85,513 square feet, equal to about thirty-four city lots 25x100, making the valuati it the rate of over $354,000 a city lot. The company claim that the amount assessed is extravagant, whether assessed upon the surface area or the area below ground of the space occupied by their structure, and many hundreds of times above the value of the property used, even if it were taken absolutely in fee, and allege that the superticial area covered by the bases of the posts would not exceed 2,666 square feet, which, at tbe valuation assessed, would be at the rate of above $1,000,000 a city lot. Mr. Dudley Field, who appeared on behalf of the company, argued that the payment by the company of five per cent of its net income to the city under the law of 1867 was a legal compensation in full for the use and occupancy of the streets; that the land upon which the foundations and pillars rest belonged to the city, and that the company was lessee only of the city under the contract made for the city by the Legislature. He urged further that the city paid its own taxes, and the landlord, not the lessee, always paid taxes upon leased property, unless it was other- wise stipulated in the contract. He also contended that the foundations and pillars of the road were not teal estate. Mr. Hugh L Cole in reply, on behalf of the city, argued first that if the Commissioners were right in treating the foundations and superstructure ofthe Elevated Road as real estate the amount of assess- ment was not too high. There was no pertinency, he contended, in the calculations based upon the superfi- cial area covered by the foundations. It was not merely the land itself that was subject to taxation, but the buil ‘sand other articles erected upon or affixed to it. He sapreers however that the con- troversy really rested upon the point whether the Commissioners were right in assessing the founda- tions and superstructure as real estate. The Revised Statutes under which the tax was levied defined the term land to include not only the land itself, but all buildings and other articles orected upon or affixed to it, and all mines “in and under the same.” The railroad did not own the land, and its structure was in fact a continuous bridge with the uprights supporting it ¢fized firmly to the soil. Such foundations and sSperstructure were a fixture éven according to the common law definition, und as such Would be taxable as land. They were real es- tate under the definition of the statute and assessable to the railroad company for taxes, whether or not they owned the fee in the lands in which the founda- tions were fixed or over which the superstructure ‘was erected. He cited 4 great number of authoritiés in support of his propositions, and contended that there was nothing in the stututes under which the railroad was constructed to vary the rule. The pay- ment of five per cent was for the franchise and did not release the company from the obligation to pay taxes on its real estate. Mr. David Dudley Field, who closed the argument, said that the Commissioners had never before at- tempted to tax any such property; that they had never tried to tax the surface railroad companies for their tracks, and that the gas companies had been ex- empt from having their mains taxed. He urged that the allowance of this taxation would be a new prece- dent and would introduce a radical change in the sys- tem of taxation which would be wholly in violation of existing laws. At the close of the argument Judge Barrett took the Papers, reserving his decision. OPPOSING JURISDICTIONS. Judge Van Hoesen yesterday rendered an important decision, in the matter of Daniel H. Fitzgerald, in which he discusses the conflict between the federal courts and the State courts in matters relating to in- solvents. Fitzgerald wag arrested on the 2lst of August, 1878, upon an execution against his person issued on a judgment against him recovered by H. K. & F.B. Thurber. On the 30th of August last he was adjudicated a bankrupt on his own petition, and on the 8th of November last he presented to the Court of Common Pleas a petition praying for his discharge, under article 6, title 1, chapter 5, part 2, Revised Statutes. His application was opposed by the Messrs. Thurber, who ‘claimed that as he had made an assignment to the assignee in bankruptcy of all tho non-exempt Pyles he had ut the time of his arrest, he cannot possibly comply with the State law, which requires that in order to be dis- charged from arrest he shall assign that very prop- erty for their exclusive benefit. Judge Vi Hoesen in his decision says:—‘‘Under the State law the Thur- bers, who caused his arrest in their action, are e titled to be paid in twll out of his property if th be sufficient for that purpose, but since he made assignment in bankruptcy he has no property which he can turn over to any assignee appointed by this Court. It is idle tor him, theretore, to ask from @ State court relief which it has no power to give except upon bis making an assignment of property which has passed irrey- ocably beyond his coutrol. * * * His property ‘was assigned by him of lis own free will, with a view to his own personal advantage. It wes assigned in a lawful manner and in ‘conformalty with the Bank- tuptey act; but by his going into bankruptcy there was an election on his part to get the benefit of a dis- charge from his dobts in bankruptcy instead of u dis- charge from imprisonment in the action between himself and the Thurbers. Having made that elec- tion he can only get such relief as the bankruptcy courts can afford him. He cannot put it out of his power to obey the orders of the State courts ana then ask that Court to discharge hun from im- prisonment.” Tho Judge holds that Fitz- eruld may obtain an order from the United iates Court annulling the adjudication in bankruptcy in order to obtain his discharge and then pursue his bankruptcy proceedings for the benefit of his property. In conclusion Judge Van Hoesen say: “There is an irreconcilable conflict between the eral system of bankruptey and the State insolvent laws, and the latter are compelld to yield. When the feceral courts lay their hands upon he property of an insolvent it is impossible for the State courts to carry the insolvent laws into exect- tion, It is folly for & State court to attempt to ex- ecute 4 part of the provisions of the State statute af- ter » United States court Las taken under its exclusive control the insolvent’s estate aud thus prevented the carrying out of other provisions of the statute which are essential to the Completencss of the system.” Hoe therefore denies the application fur a discharge. DR. BRADFORD CONVICTED. The case of Dr. Bradford in the concluding days of ite trial attracted an interesting crowd of spectators, mainly physicians. Tho initiative procegdings yes- torday were instituted by Mr. William I. Bowe, coun- sel for the prisoner, informing Judge Sutherland that le proposed to prove by Dr. Guernsey facts which would establish that his client did not cause the death of tho unfortunate girl Assistant District Attorney Hollins signified his willingness to admit the medical facts without Dr. Guernsey's evidence. ‘This was assented to, and he then recalled the prisoner to the witness stand. Bradford, in answer to Mr. Rollins’ questions, testified that Dr. D. W. Ait- kon, 8 Miss Lottie Temple, and » Mrs, McDermott, constituted his howaehold on the I8th and lth of May last. ‘There were two other ladies, not members of his honsehold, stopping at his residence on those vd there voight have beet a nurse in his em- y, Dut ie Was HOt tre there was, Both then rested their cave, and Me, Lowe made several motious asking the Court to direct the jury to acquit the pris- eee ee ground that the prosecution had failed to prove their case, and also that the jury be directed to acquit in consequence of the omission on the part of the prosecution to prove the allegation in the indict- ment which claimed that instruments were used, “tho same not being necessary to preserve the life of Sarah Victoria Conners or her child.” On the Judge's de- clination counsel excepted. ‘Mr. Howe then proceeded to sum up the case on be- half of the prisoner, and drew a very srephle pictus of the trials and vicissitudes of the misguided de- ceased. He dwelt with much pathos and fecling on the heart-stricken mother. He cited several Court of Appeals decisions showing the extreme unsafety of rendering a verdict of 4uilty unless the testimony proved the offence with certainty. ‘The prisoner was entitled to all reasonable doubts, and it would bo preferable that many guilty should escape rather than one innocent person should be convicted. In conclusion he finished his speech, which was listened to with marked attention, by imploring the jury to render a verdict of acquittal. ‘The Court here took a recess, after which Mr. Daniel G. Rollins, Assistant District Attorney, ud- dressed the jury for the prosecution, Ho said that while the case was one of circumstantial evidence— no person having witnessed the deed, so far as the testimony showed—there was, nevertheless, abundant proof of the counplicity of the prisoner in the heinous crime charged. Having made a thorough analysis of the testimony submitted, he urged that all the cir- cumstances pointed to the guilt of the accused, whom he characterized as an unskilful butcher. He com- mented severely upon what he claimed was an outrageously false certiticate of death which had been signed by Dr. Baker. ioular stress was laid upon the fact that the prisoner could not account for his whereabouts on the day that Victoria Conners went to his house and on which day he claimed to have been absent. He urged finally that the peculiar medical practice in which the prisoner indulged was no insignificant fact, taken in connection with the |, charge made against him. Judge Sutherland next charged the jnry, who, after over un hour's absence returned with a verdict of guilty. Mr. Howe then made a motion in arrest of judgment, and after some discussion the argument for a new trial was postponed until Friday, The prisoner meantime was remanded. ? COMMODORE GARRISON SUED. In a suit brought by ex-Sheriff Conner against Com- modore Garrison there was an argument yesterday before Judge Barrett, at Supreme Court, Special ‘Term, on a demurrer to the complaint, it being con- tended that it did not state facts sufficient to consti- tute a cause of action. ‘The original suit was brought by Josiah H. Reid, claiming to bo secretary of the Samana Bay Company, to recover for $20,000 stock of the company’ subscribed for by Mr. Garrison, and growing out of the suit was the issue of an attach- ment, under which the present action was brought. Ata trial before Judge Donohue the plaintiff was allowed to withdraw ajnror so as to amend the com- laint. It is contended that Mr. Garrison was one of he originators of the company anda director. Judge Barrett took the papers. SUMMARY OF LAW CASES. Chicf Justice Curtis, of the Superior Court, has been suffering severely for the past few days from an abscess in his head, and in consequence has not been able to hold court. Frank Blum and Lizzie Blum were married on the 24th of January, 1874, and lived together until the Ist of March, 1875. The husband has now brought a suit for divorce, charging his wife with adultery. Judge Van Hoesen, in the Court of Common Pleas, yesterday referred the case to Adolph M. Petshaw. Mrs. Catherine Christal has brought a suit in the Superior Court, against the Mutual Life Insurance Company, to recover on two policies for $10,000 and $3,000 respectively, on the life of her husband. The premiums on these policies, as alleged, were paid until January 26. 1871, when the plaintiff surrendered the Sntoisadae two paid up endowment policies of $5,000 and $1,200 each. The company when asked to pay the policies on the death of her husband refused to do so, claiming that the insured had transferred them to the company in his lifetime. This the plain- tiff denies, and hence the suit. While a young man named Christman was standing in a crowd at the corner of Cliff and Fulton streets, on the 26th ult., he felt a tugging at his vest pocket and discovered that his watch had been abstracted. He pursued the person whom ho thought to be the thie? who handed the stolen property to an accom. pice while he escaped. ‘The receiver, who proved to Frank Murphy, was placed on trisl yesterday in Part 1 of the Court of General Sessions and con- victed, and Judge Gildersleeve sent him to the Peni- tentiary for two years and six months. Three years ago Messrs, Samuel Raynor & Co., of No. 115 William street. commenced a suit upon a promissory note against J. L. P. St. John & Co., the makers, and F, H, Dunkinson & Co., the indorsers. ‘The detence set up was that the note was accommo- dation and that there was usury. The case was first tried against Dunkinson & Co,, and # verdict ordered for the plaintiffs. This was then set aside and a new trial ordered. When the case was tried before Judge Goepp he ordered the jury to bring in a werdict for the Yetendants. This, after consi: ition, he set aside and ordered # new trial. Then Dunkinson & Co, appealed to the General Term of the Marine Court, and they being divided in opinion the case went to the Common Pleas Court. ‘The third trial of the case has just been concluded before Judge McAdam, aud the jury rendered a verdict for Messrs. Raynor & Co. for the full amount claimed against Messrs. St. John &Co. Mr. Charles Harris Phelps, attorney for Messrs. Raynor & Co., immediately applied to Chief Justice Daly for an order, which was granted, sending the Common Pleas case, on appeal, against Dunkinson & Co., back to the Marine Court for a new trial, to avoid the strange position of the same lawsuit being decided in two different ways by the same Court. Mr. 8. A. Mallory appeared for St. John & Co. COURT CALENDARS—THIS DAY. Supreme Covunt—Cuampens—Held by Judge Brady.—Nos. 42, 63, 71, 73, 86, 93, 104, 147, 175, 189, 198, 208, 211, 213, 223, 231, 240, 241, 242, 245, 247, 251, 252. SUPREME Count—GrNeRaL TeRM.—Adjourned until December 13. Surreme Covurt—Sprrecia, Tenm—Held by Judge -Demurrer—No. 26, Law and fact—Nos }, G15, 616, 789, 807, 812, 813, 31 26, ‘784, 785, 774. E ‘r—Cincort—Part 1—Held by Judge Van Brunt-—Nos, 1708}¢, 1715)¢, 2724, 28. 185035, 1870, 1174, 217) 2851, 1755, 2865, 2866, 2867, 2868, » 3, 2874, 2875, 267 2879, 2380, 28R1, 2842, 2884, 2885, 2886, 2487, QHBS, 2xH, 1, 2892, 2893, 2804, 2876, 2697, 2898, 2500, ge os. 2249, 2323, 4672, 1920, 1671, 1706, 1261, 1025, 3727, 3359, 2112, 2401, 2579, 3662, 2554, 2555,. 2456, 1421, 1793, 2816, 2416, 2317, 2618, 2819, 2820, Part 3—Held by Judge Donohue.—Case on—No, 18874;, Bissetl vs. Bissell. No day calendar. SurERion CouRT—GENERAL TEnM.—Adjourned sine Surenion Court—Srzcia, Tenm—Held by Judge Speir.—Nos. G1, 35, 63, 50, 64, 58, Svurenion Court—TxaLt Term—Part 1—Held by Judge Sedgwick. , 385, 386, 387, 262, 581, 115, 549, 550, 594, 401, 451, 103, 329, 949, 484, 290, 627. Part 2,—Adjourned for the term. Part 3,—Adjourned sine die. Common PLeas—GENERAL TERM,—Adjourned for the term. ‘ Common PLEAs—SreciaL Tenm—Held by Judge Van Hoesen.—No. 6. Common Pieas—Egurry Txnm—Held by Chief Justice C. P. Daly.—Nos. 11, 1, 3, 8. Commoy Pieas—TaiAL TeRm—Part 1—Held by Judge Larremore.—Nos. 721, 1954, 1816, 766, 784, 781, 447, 488, 1983, 745, 412, 413, 1935, 776, 678, 1817, 761, 1879. Part 2—Held by Mii 8 J. F. Daly.—Nos. 506, 1041, 603, 235, 1472, 953, 717, 315, 550, 1805, 205, 632, 1222, al 1683, 1963, 1428, 1964, 1022, 265, 1256, 302, 741, Manne Covunt—Trui Trnm—Part 1—Held b; Judge McAdam.—Nos. 3196, 3732, 4889, 4890, 4916, 1146, SILL, 4445, 5116, 4756, 5136, 765, 2290, 4211, 5158. Part 2—Held by Chief Justice Alker.—Nos, 4558, 4434, 3659, 4554, 4262, 4609, 2754, 4893, 4806, 4481, 5195, 3666, 2092, 3064, 3812. t 3—Held by Judge Sheridan.—Nos, 6047, 5012, 2709, 5045, 5239, 1904, 5072, 6313, 7 506 5063, 4421, 4180, 5076, 3079. . Court OF GENERAL Sr«stons—Pant 1—Held by Judge Gildersleeve.—The People ys. Peter O'Rourke, homicide; Same vs. Frederick W. Malory, robber; Saine vs. James Smith, grand larceny; ‘Same vs. David O'Keefe, grand larceny; Same vs. Oscar Heil- ferty and John 1’. Heilferty, grand larceny; Same vs. Annie Moore, grand larceny; Same vs. Rose Mc- ‘Trenan, grand larceny; Same ys, John Reynolds, felonious assault and battery; Same ys. John Morris, felonious assault and battery; Same vs. Martin Mil- ler and Henry Meyer, burglary; Same vs. Thomas O'Couner, burglary; Same vs. Alexander Arpisollo, burglary; Same vs. Ella Collins, disorderly hous: Same vs. Thomas Scanlan and Mary Scanlan, disor derly house; Same vs. Ernest Sterchoner, petit lar- ceny; Game vs. ohn J. Sinith, aseaalt and battery. Court oy Oren and Trnmixen—Held by Judge Davis.—The People vs. Louis F. Therasson, false pretences. COURT OF APPEALS. ALDANY, Dec. 10, 1878. In the Court of Appeals, Tuesday, December 10 1878, Present, Hom. Sanford EB. Church, Chief Jus- tive, and Associates, DECISIONS HANDRD DOWN. Schaefer and others vs. Henkel; Baylis vs. Pren- tice; Deluce vs, Kelly Sheriff; Brown vs, Good- win; Bovee ys. King; Duryee vs. Lester.—Judgment adirmed, with costs, Suiger vs, T People; Brown vs. The People.— Judgment affirmed. ‘The Lown of Springport vs. The Teutonia Savings Bank ; Same ve. The German Uptown Savings Bank.— pb peor reversed and new trial granted, costs to abide the event Bradner ys. Howard; Townsend vs. Whitney; God. | trey vs, Godfrey.—Order affirmed, with costs. loffman, administrator, vs. The New York Central and Hudson River Railroad Company.—Order atiirmed; judgment absolute for plaintii? on stipu- lation, with cost, Whitney vs. Ensign.—Order of General Term re- versed and judgment of Special Term affirmed, with costs. Peck vs. Yorks.—Order of General Term and Special ‘Term reversed and motion denied, without costs to either party in this Court. Belknap vs. Konder.Order affirmed and judy. ment absolute for defendant on stipulation, with eorta, Hurd ys, Cook.--Order of General Term reversed aud judgment on report of reieree aftirmed, with | costs. Day vs, The Pushing and North Shore and Central | | Railroad Company.—Order of General Term reversed and judginent on verdict affirmed, with costs. Samuels vs. The Evening Mail Association.—Order of General Term reversed and judgment on verdict affirmed, with costs. In the’ matter of the petition of the Emigrant In- dustrial Savings Bank to vacate an assessment.— Order of the General Term and Special Term reversed and assessinent vacated, with costs. in the matter of the petition of Cudlip to be made a party plaintiff, &c.; Algie vs. Wood; Levy vs. ‘Loeb.—Appeal dismissed, with costs, Cushman vs. Henry.—Remitittur amended so that jndgment for foreclosure and sale be affirmed, but judgment as to deticiency reversed, and a new trial ordered on that issue. Easton vs. Pickersgill.—Motion to amend remittitur granted, without costs, so far forth as that it shall ap- pear therein that Jolin H. Bergen, as a respondent, appeared in person on the argument in this Court, and made argument and submitted points in his own behalf. Hunt vs. Church. In the matter of confirmation of report for grading, ., Sackett and other streets in the city of Brooklyn.—Motion for reargument denied, with $10 costs. Senear vs. Woods.—Motion for reargument denied, without costs, Kenyon vs. The New York Central and Hudson River Railroad Company.—Motion for reargument granted, without costs, May be reheard on the same papers. MOTIONS. No. 51. Adam D. Wheelock, assignee and co- respondent, vs, Henry M. Lee, appellant.—Motion to amend remittitur- submitted. Blake and Johnson, respondents, vs. the Lyons & Fellows Manufacturing Company, ap) Motion to dismiss appeal. Argued by X for the motion; Walter S. Cowles opposed. ‘APPEALS FROM ORDERS. No. 387. Mary L.. Simmonds, appellant, vs. Thomas M. ‘fyng, impieaded, &c., respondent.—Argued by Danie) Daly for appellant; submitted for respondent. No. 389. Mary Weseman, respondent, vs. Catherine Wingrove and others, appollants.—Argued by J. ‘. Ae ams for appellants; John L. Lindsay for respon- lent. No, 388, John M. Wood, respondent, vs. Zebina K, Pangborn and others, appellants.—Argued by George F. Comstock for appellants; Erastus Cook for re- spondent. GENERAL CALENDAR, No. 24. Hodge vs. Hoppock.—Argument resumed and concluded. No. 135. ‘Lhe People ex rel. Edward J. Woolsey, ap- pellant, vs. The Common Council of Long Island City, respondent.—Argued by John E. Ward for ap- pellant; J. Ralph Burnett for respondent. No. 136. The Globe Marble Mills Company, re- spondent, vs. Patrick H. Quinn, appellant.—Argued by Daniel P. Barnard for appellant; Richard O’Gor- man for respondent, Case still on, DAY CALENDAR. The following is the day calendar for Wednesday, December 11:—Nos. 137, 138, 122, 139, 142, 56, 114, 140. UNITED STATES SUPREME COURT. Wasutneton, D. C., Dec. 10, 1878. In the United States Supreme Court to-day the fol- lowing business was transacted:— On motion of Mr. James Grant Mr. H. Sherman, of St. Joseph, Mo., was admitted to practice. No. 955. Andres Dold, appellant, vs. the United d No. 956, Frank O. Kihlbero, appellant, vs. the United States.—Both were submitted by Harv Spalding for appellants, and Solicitor General Phil- lips for appellees, Under the twentieth rule. No. 775. A. C. Bradley, for use, &c., against The United States—Appeal from the Court ot Claims,— ‘This was to recover $4,200 tor rent which the appel- lant claims is due him fora building leased to the United States in the city of Washington. Submitted by Nathaniel Wilson and J. H. Ashton for the appel- lant and Solicitor General Phillips for the appellee under the twentieth rule. No. 344. Pryor N. Coleman, plaintiff in error, against the State of Tennessee.—Argument concluded by H. S. Foote, for the plaintiff in error. No. 61. C. H. Archart, plaintiff in error, against Anna Redding de Messieu, et al.—In error to the Cir- cuit Court of the United States for the Western Dis- trict of Texas.—The controversy in this cause relates to the title to eleven leagues of land in Anderson and Freestone counties, Texas. Argued by J. H. Reagan for the plaintiff in error and J. D, McPherson for the defendant in error. No, 96, Jesse D. Carr, appellant, ve. the United States—Appeal from the United States Circuit Court for the district of California.—This is a bill oelaieally brought by the United States against Carr and many others to quiet the title to four lots of landon Rincon Point, in the city of Sen Francisco, known as the Marine Hospital proper. Argued by William Matthews for ie appellant and Attorney General Smith for the appellee. ‘No. 89. Virginia City and Summit City Wagon Road Company, plaintiff in error, vs. the People of Mon- tana, ex rel: H. N. Blake, District Attorney.—Con- tinued. No, 90. Rush Burgess, collector, &c., plaintiff in error, against William L, Salmon, et al.—Error to United Stat Circuit Court for Eastern District of Virginia.—The only question raised by this cause is whether an act of Congress takes effect from the be- ginning of the day on which it is approved by the president or only from the hour when the Presiden- tial signature is actually affixed. Assistant Attorney General Smith for plaintiff in error and W. P. Bur- well for detendant in error. Adjourned until to-morrow at twelve o'clock, THE SHERIDAN SUIT. An unexpected adjournment of the Sheridan suit took place yesterday in consequence of Judge Blatch- ford having received a note from Judge Wallace con- taining the melancholy announcement that the death of his daughter, which had occurred that morning, would prevent him from taking his seat on the bench for some days, All the counsel in the case were pres- ent, and Judge Blatchford formally adjourned the court until to-morrow morning. SAMUEL PINE'S PREDICAMENT, The case of Samuel Pine, the wealthy farmer of Portchester, indicted for being accessory to a burg- lary before the fact, was called yesterday in the Conrt of Sessions in White Plains, Judge Gifford pre- siding. In accordance with a previous arrangement the prisoner was allowed to withdraw his plea of not guilty and put in «# special plea in abate- ment, in which it was alleged that a portion of the testimony against him before the Grand Jury coysisted of the affidavit of Caleb Sniffen, one of the convicted burglars. Thomas Nelson and William B, Corkran, lawyers for the defence, moved the produc- tion of the records of the @rand Jury in the trial, and aie a long argument this was ordered, The case is still on. GRAND JURY INDICTMENTS, Two indictments were presented by the United States Grand Jury yesterday to Judge Benedict against Anthony De Greiff, Carl J. Triacca, Peter Schurman and Hugh J. Begley. The first was fora conspiracy toconceal and destroy papers; the second was fora conspiracy to corrupt witnesses. In the first it was averred that the indicted persons, on August 11, 1876, wilfully concealed and destroyed cer- tain papers relating to imported merchandise which enter through the Custom House upon a false classification as to value, and that these papers were purchased by Peter Schurman on September 19, 1876, from Hugh J. Begley, for $5,000. The second indictment relates to a conspiracy to corrupt wit- nesses. All the defendants were admitted to bail in $10,000 each. De Boigne N. Bennett was indicted ona charge of sending obscene matter through the mails. George W. Nathan, A. Orlando Jackson, John Clute and ©. Meyer were indicted on acharge of sending lottery tickets through the mails. VERY SENSITIVE INDEED. “why did you get dfunk ?” asked the Fifty-seventh Street Court Judge yesterday of Andrew Blakely, a tall, thin and sad-faced man, “Mine is a nature, Judge, that pants for joyous- ness,” said the prisoner, a sickly simile haunting his face, “It loves the light and hates the gloom.” “\ remarkable nature,” said the Court, jestingly. jes, Your Honor, and this weather has upset. it, Such rain! The rain, sir; ‘it reineth every day,’ as some one bas said." ae about your love for liquor, not your love for light?” “othe twoare related, Belleve me, sir, whon it is light I drink not; when it rains I seek the flowing hog And oh! but it bas rained these past few ‘o aman ‘and oh, how I have drunk these are “This gloom, Your Honor, is too sauch for one of my sensitive nature to bear.” “Ten days,” said the Court. “If it rains when your time is up I'll add to your time, so that you can burst from darkvess into the first bright day that follows.” A FOE TO WHISTLERS. “Whoop! Be the mortial I can bate the brains ay him this minnit!” shouted tho half inebriated woman at the bar yesterday, tossing hor haif bare arms above her head. “Whoop! 1 kud snatch him bald headed this—!” ‘ “gilence!” thandered an officer in hor ear. rrah, didn't he whistle at me, the galoot?” “She was drunk and assaulted the complainant, Yer Honor!” remarked the officer. “L live up the alley, an’ he whistled at met! Whoop! Hoorvosh! ean bate the snoot av hin!" “Did he strike you? queried the Court. she threat——"" “LT was in the windy an’ he whistled at me, Whoop! I can tan the hide ay him!" “'Vhreatened to lick me, Yer Honor!” ‘The speaker was a strong young man, “Tare an’ ‘ouns! He whistled at me! knock spote out av him aff Tam « woman!” “Phrce mouths.” said the Court. “Ploody end till you! Didn't you whistle at me? ? the oly Hy, Coan tanmp the whistled at me. The An’ Ican “Hogan JUDGE PINCKNEY’S CASE, TUBNED OUT OF 4 HOTEL AND LOCKED UP IN A POLICE STATION—-DAMAGING EVIDENCE OF POLICE OFFICERS, William D. Garrison, manager of the Grand Union Hotel, was the first witness called yesterday before tho referee, Oliver P, Buell, in the Pinckney investi- gation, The witness testified to frequent occasions when Judge Pinckney, being a guest of the house, was intoxicated, and to his noisy conduct when as- cending to his apartments in the elevator, as well as to disgraceful noises in his rooms. Mr. Garrison gave orders to the barkeepers not to furnish him with liquor, and Judge Pinckney quarrelled with the men on this account. At length the manager had to notify Mrs. Pinckney that their rooms must be va- cated, Judge Pinckney did not pay any of his board bills; they were all settled by Davies, connected with his court. On cross-examination the witness stated that he was not one of the proprietors of the Grand Union; that Mr, dames E, Shaw is proprietor and he (Garrison) only general manager; Judge Pinckney came to the hotel with his family in Octo- ber, 1877, and left it in November, remaining about four weeks, Sergeant Colgrove is an ofiicer attached to the Twenty-first precinct police. He stated that about half-past ten on the night of the 19th of June, 1876, a hack driver came into the station house and asked the assistance of officers to take adrunken man out of bia coach. The sergeant called Officer Thomas and together they lifted the man inio the sta- tion honse, and there they took his pedigree and put it on the police blotter—the book was offered in dence—the man said his name was Walter 8. Pinckne’ lawyer, married, residiny at No. 703 Madison avenue; I took from him $107 23 in money; he was locked up for the night; next.morning a man called and asked me it Judge Pinckney was in the station house, and asked me if Icould not erase his name from the re- turns; I said no; couch came for him at cight o'clock and Officer Hogan was to take him to court. ‘The cross-examination of this witness did not de- velop any new facts. Officer Thomas Hogan corroborated the testimony of Sergeant Colgrove as to the condition of the man who was found to be Judge Pinckney and the man- ner in which he was carried from the hack into the station house; in the morning a messenger was sent tor Judge Kasmire, and the officer and his prisoner, with eee Kasmire, drove to the Fifty-seventh Street Court; the Judge said to Officer Hogan, “What is the charge against Judge Pinckney?” the answer was “Intoxication.” ‘I discharge him,” said Judge Kasmire; “and youcan go home.” The investiga- tion will be continued again to-day at half-past two, when it is promised that some important witnesses will be called. ARRESTED AND CLUBBED. Aman whose head was bleeding and whose appear- ance indicated that he had been rather roughly used by some one was placed at the bar in the Jefferson Market Police Court yesterday afternoon. He said his name was Frederick Simons, and the charge against him was that of disorderly conduct, Officer J. P: O’Brien, of the Twenticth precinct, was the complain- ant and related that just before dinner yesterday he and Officer Reilly saw Simons mect a man named J. McCormack, who, O’Brien knew, had considerable, money about him. Simons and McCormack went off to a liquor store together and the two officers watched them. Some time later Simons returned past the of- ficers without McCormack, and O’Brien asked him what had become of Mac. “It's none of your business,”” responded Simons, who when the officers made a move toward him ran away. The complaint went on to say that somo fifteen or twenty minutes later Simons returned with @ gang and dared O'Brien to arrest him, and that the officer did so, but not without being compelled to use his club. This version of the affair was contradicted by Simons, who assured the Judge that he could prove by witnesses that he never dared or detied the offi- cers, who for some reason or other were bent upon arresting him just because he (Simons) had goue into # liquor store with McCormack. The prisoner stated that he even told O’Brien, who threatened him with his club, that he would go to the station house with- out being beaten, but that O’Brien was not satisfied. He struck defendant on the head, and the latter, who is an employé of the Hudson River Railroad Com- pany, ran into the trackyard at Thirtieth street and’ Tenth avenue, was pursued and beaten by the officers. Officer O’Brien told the Court that he knew Mc- Cormack had money, aud he wanted to know what Simons had done with him. Just at this part of the hearing McCormack’s son appeared and told the magistrate that Simons had brought his father home, a little the worse of liquor, but safe in person and pocket. ‘The prisoner was therefore discharged. After his release aud before leaving Jefferson Mar- ket he denounced the conduct of the two officers and told a Heraxp reporter that, after pursuing him into the trackyard they drove him into the toolhouse, where he took refi beneath a desk. Here, he said, they caught and dragged him out in presence of James R. Cole, track foreman, and H. Corris, Jr., time clerk of the road. ‘When they had done this,” said Simons, “O’Brien struck me on the head with his club and tore part of my whiskers out.” “RANK WITH CORRUPTION.” ‘When the report of the Dock Department was laid before the Board of Aldermen yesterday Mr. Roberts remarked that there were facts connected with the history of the docks which would never sce the light of day, The department reports, he said, did not give any information in reference to other abuses; they deceived the public and merely glossed over things in general, making no mention of the favor- itism shown to certain parties. It was a dark lantern machine, and he would not give five cents for any- thing contained in its reports. No other department of the AC peg could compare with it for gen- eral imbecility of management. It was rotten from top to bottom, being rank with corruption. A large number of men were employed who did nothing but pare their nails and watch each other, On one piece of work under the charge of the department three laborers were employed at $1 60aday. Seven en- ginecrs received $15 a day tor looking over and super- intending the work of the three men. Alderman Roberts concluded by saying:—“The department is so imbecile that I cannot express my opinion of it in fitting terms, ‘he bureau should be rooted out, stem and stern, It is too bad to reform, aud the only way to got rid of it is to root it outentirely. I hope the department will be com- pelled to follow the example of the other branches of the city government, which are restricted in their ex- nditures. ‘The city of New York wants every Rollar's worth of commerce that can be brought here, but the policy pursued by the Dock Department tendency to drive it over to Brooklyn and Jersey City. Alderman Morris suggested that an investigation be made of the department by the Municipal or some other society. The report was then laid over and ordered to be printed. FREIGHT RATES, It was stated on Change yesterday that the cutting on through freights from Chicago to Liverpool still continues, and that the railroads are making con- tracts at large reduction on schedule rates. An agent of a prominent steamship company said that the competition was between Boston and Philadelphia, and that in those two cities freight was taken by the steamship companies at an finusually low figure. Shippers took adyautage of this competition and made large profits, business at the same time being diverted from New York. Ocean freights were very much depressed yesterday on account of the small ‘arrivals, and arrangements with the steamship companies could be made on the most favorable terms, 1t was rumored that the rail- roads had made contracts for January on 1,500 car loads of wheat from Chicago to New York on the busis of a reduction of more than fifty per cent of tho schedule rates. MARRIAGES AND DiATHS, MARRIED. Mrrcwam—Yares.—On Tuesday, Decomber 10, at the residence of the bride's grandfather, Judge Bos- worth, Lieutenant 0. B. Mircitam, U. & A., to VioLa, daughter of the late Charles Yates, PaTreRson—Girris—.On Thursday, December 6, 1874, at St. Paul’s Methodist Episcopal Church, by the Rey. Dr. 0. H. Tiffany, Lon, daughter of C. H. Giffin, Jr., to SaMUEL D. Patrenson, both of this city. TayLon—Kontniout.—On Tuesday, December 10, by the Rev. Dr. John Hall, Isaac E. Taytor, M. D., to Sauan A. Korraront, DIED. Banny.—At Passaic, N. J., December 8, 1878, Isanen, L., eldest daughter of Henry and Edith M. W. Barry, formerly of boston. BoxLan.—On Tuesday, December 10, Tomas Bor- LAN, aged 56 years, native of Anuaharnity, Parish of Mowlea, comity Cavan, Ireland. Relatives and friends are respectfully invited to attend the funeral, on Thursday morning, from bis residence, 302 West 20th st., thence to the Church of St, Vincent de Paul, 23d st., between 6th and 7th avs., where a solemn requiem mass will be offered for the repose of his soul, at ten o'clock, sharp, CLARK.—On Monday, Decetuber 9, at the residence of her son, Extzaperu, wife of the late Antos Clark, in the 41st year of her ag: Relatives and iriends are respectfully tnvited to at- tend the funeral services, from the Methodist Epis- copal Chureh, Pleasantville, N. 7 December 12, at twelve M. © 10:40 train from New York. y CunRAN.—At Hoboken, on Monday, S78, December 9, the Gvth your of his age. aut te rhing, December 10, 1878, F ov, 105 Sands st., Brooklyn, on ‘Thiesday, mbor 12, at nine A. M. he Churelt ot the Assumption, corner of York and Jay sts. thence to the Cemetery of the Holy Cross. Flatbush, | B. B. .United Brethren, are respectfully NEW YORK HERALD, WEDNESDAY, DECEMBER 11, 1878.—TRIPLE SHEET. Relatives and friends of the family are respectfully invited to attend. CupLirr.—On Monday, December 9, of malarial fever and bronchitis, Eprra Manrtox, youngest child of Mary and the late J. Edward Cudlipp, aged 3 years. Kelatives and friends are respectfully invited to at- tend the funeral services, from the residence of the family, 69th st. and 10th av., on Wednesday, Decem- ber 11, at five o'clock P. M. ’ Interment private. NINGHAM.—On December 8, 1878, WILLIAM Cun- IGuam, of City Island, brother of the late Harry Cuningham. Funeral will take place Wednesday, from his late residence, City Island, at one P. M., to Westchester county, Relatives and friends are hereby respect- fully invited. DoNouoK.—On Tuesday, December 10, 1878, Mary Axy, widow of the late Thomas Donohoe, in the 72d year of her age. The relatiyes and friends of the family are respect- fully invited to attend the funeral, from her late resi- dence, No. 457 Canal #t., on Thursday, the 12th inst., at one o' . On’ Monday morning, December 9, 1878, Dxaxke. Josern Drake, aged 82 years. Funeral services at three o'clock P. M. Wednesday, December 11, 1875, at his residence, corner 18th st. and %th av., Brooklyn, L. J. Burial at East Chester Vault, Thursday, December 12. Carriages at Mount Vernon meeting the 10:10 o'clock train from New Yorks: Relatives and frieuds respectfully invited to attend. Eccieston.—At San Francisco, on November 25, after a short but painful illness, JANE, youngest daughter of the late Edward Eccleston, of New York. Faunkyer.—At Nantucket, Sunday, December 8, Puane A. Hannon, wite of Joseph Faulkner. Notice of funeral hereatter. Green.—On Tnesday, December 10, Joan GREEN, in the 53d year of his age. The friends of the family, also the members of Hope Lodge, No. 244, F. and A. M., are invited to at- tend his funeral, at his late residence, 127 East 50th st., on Thursday, at one P, M. Nortce.—Hors Lover, No. 244, F. axp A. M.— Brernnen—You are hereby summoned to attend an emergent communication of the lodge, to be held at our rooms, Masonic ‘Temple, on Thursday, December 12, at one o'clock P, M., for the purposo of paying the last tribute of respect to our late brother, John Green, . T. T, MARSH, M. D., Master. E. ¥. SHenmay, Secretary. HoLsteNn,—On Saturday, December 7, Mary M. F., only daughter of John and Mary Holsten, aged 16 years, 3 months and 8 days, Relatives and friends of the family, the Sunday school and choir of St. Puul’s Evangelical Lutheran Chureh; also the members of Roland Lodge, No. 10, A. O. G. F., are respectfully invited to attend the funeral, from her parents’ residence, 221 Hooper st., ou Wédnesday, December 11, 1878. Funeral services will be held at the Evangelical Lutheran (St. Paul's) Church, South Ist and 9th sts., Brooklyn, E, D,, at one o'clock P. M. Hunt.—At his residence, 233 East 32d st., New York city, after a lingering illness, James Hunt, aged 33 years and 19 days, Relatives and friends of the family are reqnested to attend his funeral, on Wednesday, December 11, from his late residence, 233 East 32d st., at nine A. M. Will start from Grand Central Depot at ten A, M. for Schenectady. Schenectady papers please copy. JxNNEY.—On-the 10th inst., at his late residence, in this city, Epunatm H. Jennxy, aged 72 years, Notice of funeral later. Jonnson,—In Brooklyn, on Sunday morning, De- cember 8, Oscar JOHNSON, in the 74th year of his age. His relatives and friends are invited to attend his funeral, at his late residence, 338 Jay street, orfLhurs- ane afternoon, at two o'clock. ENNEDY.—On Sunday, December 8, 1878, WrLLIaAM . Kexnepy, aged 22 years and 6 months. Relatives and friends are respectfully invited to at tend the funeral, trom the residence of his father, Timothy Kennedy, No. 35 Rose st.,on Wednesday, December 11, at two o'clock. ‘Troy and West Virginia papers please.copy. Kennepy.—On Tuesday, the 10th inst., McPHERSON, infant son of McPherson and Esther Walden Kennedy, Baltimore papers please copy. Koux.—On Tuesday, Harriz, youngest daughter of Sigmund and Pauline Kohn. Notice of funeral hereafter. Korrmrier.—On December 10, Groxar, infant son of William and the late Blanche Kottmeier. Lawrencr.— At Magnolia Plantation, La., Monday, December 9, EFFINGHAM, sixth son of the late Effiug- ham and Anne T. Lawrence, of Bay Side, Queens county, Long Island, aged 58 years. LEERBURGER.—On Sunday, December 8, Isaac S. LeEeRsurcen, in the Tlst year of his age. Relatives, friends of the family and members of Mount Nebo Lodge, No. 257, and A. M.; Empire City Lodge, No. 42, 1.0. F.8. of .: Empire S No, 460, 1. O. O. F.; Manhattan Lod; N Members of’ the Progress. Clu! funeral, from his late residence, 241 East 78th st., on ‘Wednesday, December 11, at nine o’clock. No flowers. Norick.—Mounr Nesow Loper, No. F. anp A. M.—BRETHREN—You are respectfully requested to attend the tunerul of Isaac 8. Leerburger, beloved father of our brother, Benjamin J. Leerburger, from the late residence of the deceased, 241 East 7sth st., on Wednesday, December 11, at nine o’clock. By order of, DAVID WILE, Master. Natuan BERLINER, Secretary. Linyeman.—On Monday, December 9, at his resi- dence, 276 Throop av., Brooklyn, Heaman H. Linxe- ‘MAN, in the 57th year of his age. Relatives and friends, also Was! Lodge, No. 21, F. and A. M., are eg, ia invited to attend the funeral, on Thursday, mber 12, at one o'clock. .—On Sunday, December 8, Soputa, wife Interment at Greenwood Cem . MAXMASN, of the late Henry A. Maxmann, in the 60th year of her age. ‘The relatives and friends of the family are invited to attend the funeral services, to be held at St. Mary's Church, Manhattanville, on Wednesday, December . 11, at one o'clock P. M. Mornis.—On Monday, 9th inst., at her residence, 145 East 26th st,, Many ANN Mornis, relict of John Morris, in the 93d year of her age, a native of Abbey- leix, Queens county, Ireland. Relatives and friends, and those of her sons, Thomas and William Morris, and son-in-law, Thomas McGovern, are respectfully requested to attend the funeral, on Wednesday, December 11, at ten o'clock, thence to St. Stephen's Church, 28th st., where a solemn requiem mass will be offered for the repose of her soul; thence t» Calvary Cemetery for interment, California papers please copy. MULHALL.—On Monday, December 9, 1878, after a short illness, Henry B. Munuaut, in the 43d year of his age. ; Relatives and friends of the family are respectfully invited to attend the funeral, from his late residence, 308 East 74th st., on December 12, at one P, M. McCiaix,—On Monday, December 9, 1578, ot\diphth- Apa A., daughter of Benjamin H. and Mary Au- gusta McClain, in the 8th year of her age. Funeral private. McDonap.—The month's mind of the" late Rev. J. R. McDonaup, will take place at the Church of St. Mary of the Lmmaculate Conception, Williamsburg, on Thursday morning, the 12th inst., at ten o’cloc! Clergy and friends are invited. M NUs.—After @ lingering illness, Linum Mo- Manus, aged 19 years. Funeral will take place from St. Vincent’s Hospital, at one o'clock to-day. Nowan.—Suddenly, Maca1z Nouax, of county Long- ford, Ireiand, in the 39th year of her age. The relatives and friends of the family’ are invited to attend the funeral, from her late residence, 158 West 28th st., at two P, M. to-day. Perers.—On the 10th December, 1878, at the resi- dence of his parents, No. 9 Boerum place, CHARLES ian aan CHRISTOPHER PETERS, aged 5 years, 9 months and 2 Relatives and friends, as also the Hannoeverische Verein, the Brooklyn Schuetzen Corps, the Bremer- voerde Sovial Club, the Social Reformers, No. 1; Com- any A of the Fifteenth battalion, and the Brooklyn dge, No. 26,1. O. 0. F'., are respectfully invited to attend the funeral, on Thursday next, ber 12, 1878, at two o'clock P. M. .—At Madison, N. J., on Saturday, December i) 1578, Horatio Nw&i#on Perens, in the 66th year of wy a -Puveral services at his late residence in Madison, on Wednesday, December 11, at eleven A. M.; also at the Park Presbyterian Church, Newark, N. J.. t “a P.M. Interment at the convenience of the family. QuA.—On Tuesday, December 10, at the residence of her son-in-law, 100th st. and Mott av., Mrs, Lovisa Qua. Notice of the funeral hereafter. Roacr.—On Monday, the oth inst. Jomn 0. L. Bocas, in the 76th year of his age. His relatives and friends and those of his sons, Ed- H. and Johan, are invited to attend his funeral, the residence of his son John, 3d av., near 148th Morrisania, New York city, on Thursday, tho 12th inst., at one o'clock. Rosstx,—At Philadelphia, on Monday, December 9, Louts Rossty, in the 28th year of his ane. Relatives and friends are respectfully invited to at- tend the funeral, from the residence of his parents, No. 148 West Sith st.,on Thursday, December 12, at half-past nine A. M. SACKETT. Monday, 9th inst., at his residence, No 14 West s4th st., ADAM TREDWELI. SACKETT, in the Gist year of his age. Relatives and friends of the fainily are invited to attend the funeral, from the Church of the Inearna- tion, Madison ay., corner of 35th st., on Thursday, at ten A. M. It is requested that no flowers be sent. Scorirtp.—On Sunday, December 8, Gxonar G, Beormxy, in the 36th year of his age. Relatives and friends are respecttully invited to at- tend his funeral, at the residence of Mrs. Isaac Adriance, 129 East 25th st.,on Wednesday, December 11, at one o'clock. It is kindly requested that friends will not send flowers. Suak.—-Tuesday, December 10, 1878, of pneumonia, WILLIAM Sitar, aged 53 years, Reiatives and friends are respectfully invited to at- tend the funeral, on Thursday, 12th inst., from his late residence, 68 York st., Brooklyn. Sixnotr.—On Tuesday, December 10, Tomas Siv- ror, iu the 45th year of his age. ‘The funeral will take place Thursday, December 12, from Winterbottom’s, Spring st., near South 6th ay., at ten o'clock A. M. Towr.—On Monday, December 9, at Nyack, on the Hudson, Epwanp G, Towr, aged 38 years. Puueral from the residen his father, John W, Towt, Nyack, on Weduesday, December 1, at half. past twelve P. M, Train leaves foot of Chambers st, at 9:45 A. M. Vick.—On Monday, Docember 9, HARRTET BEEKMAN, pe ot George Vice, aged 27 years, 2 months and 4 ys. Relatives and friends are invited to attend the ral, at eleven o'clock, on Thursday, December 12, late residence, 687 9th av, December 9, Jess J. Wate 4 months, danghter of Wiliam Wallace, of Sytacase, N. ¥., and yrandebid of Ainos Robbins, Brooklyn. Lunerai private, SATURDAY EE de be be bt bb aeeeaedeses see Madidicddnidadcded 44244 Two Grand Stories THIS, WEEK HIS SECOND WIFE! A Bomance of New York, And MISSING; Or, the Cipher Despatches! Also a beantffal Panel Picture, “MOTHER'S PETS,” Given Away With This Number, For sale by All News Dealers. Price THIS WEEK'S J¥ THIS WEEK'S eMac! Were rdrded ded tnt de ind nd ed nd ed ened nnd ae THIS WEEK: eeqcceacoccoecaeaa THIS WEE: THIS WEEK'S THIS WEE: eaaocooqesssesscacoceccaccaaaa: Reet at a te ea ea ee tt gos opti E'S THIS WEEK'S Two Grand Stories This Week. HIS SECOND WIFEt ‘A Romance of New York, And MISSING; Or, the Cipher Despatches! 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Also o beantited “SATURDAY NIG! ros Penm — SEAUEBAY Bld “SATURDAY “MOTHER'S PETS* TRATURD A cH SSATURDA’ 1G Givon Away URDA With This Namber, For sale by All News Deatera, Price Six Conta, = EEESEESSSSSESES aa ah ee CALL LL LLLLULLLALLLL LLELELLELLLLLEBE