The New York Herald Newspaper, January 3, 1879, Page 5

CAPTAIN PAUL: BOYTON. Early Incidents of His Strange. Career. BOYISH ADVENTURES. Diving in the West Indian Seas and Warring in Mexico and France, A SUB-MARINE _ GHOST. Captain Paul Boyton’s career, from the time that he began to grow famous the world over for saving many lives and for his wonderful an@ perilous voy- ages, has become familiar to almost every reader of newspapers, and is a tale quite as fascinating as that of Robinson Crusoe himself; but it is not generally known that his life previous to that period was full of excitement and characteristié adventure, A few ays ago the writer was the guest of Captain Boyton at dinner, and the conversation took a very happy turn in reversion to the days of his boyhood and early manhood. The style of his narrative is suc- cinct and pointed and the interest of the listencr never for ap instant goes astray. His mind seems to comprehend all the salient incidents at a single retrospect, and presents them with a good deal of dramatic conception. HIs AMPHIBIOUS INSTINCT, “I was born,” said he, ‘‘on the 29th of June, 1848, in Allegheny City, Pa. My carly life wasa rather wild one, Ever since Icould walk around have felt an irresistible desire to be in the water, I was drawn to it all the time. I cannot explain it. It must be an instinet born with:me, This has caused me to re- ceive more lickings, i suppose, than any other boy in America, Except when the river was frozen over they were my daily punishment. At the age of six years I could swim across the Ohio River at the point of its formation, the junction of the Allegheny and Monongahela, where it is from three-quarters of a mile to a mile in width. The current is heavy and dangerous, My mother suffered untold anxiety on my account, but in my youthful enthusiasm I was incapable of realizing or of pitying the suspense to | 1 which Iso often subjected her. She found it impos- sible to keep me out of the water, and after the ex- ploit which I have just mentioned she formed a de- termination to send me far away from the temptation continually presented by the beautiful rivers near our home. My father was at this time engaged in trading with the Chippewa Indians in the West. After his return to Pittsburg on one occasion my mother persuaded him to take me with him on his next expedition. If Iremained longer at home she thought I would be certain to lose my life. So I went. We were gone at one time some eight months, and visited a great many different bands of Indians. ‘The country in which they dwelt was then, as you well know, a perfect wilderness. Mcanwhile the excitement of peril which constantly attended our progress did not detract from my aquatic taste. My father used to have a heap of trouble with me, for whenever I quitted the camp or the wagon train he generally found me some distance off ina creek or pond swimming like a pollywog or paddling around on a log like turtle. HIS FIRST RESCUE. “On my return to Pittsburg in 1859 my mother was told of ny frequent escapades out West and she at length tee nized her lack of ability to break my habit of seeking the water. Soit was decided to send me to the high school in Pittsburg. I was not very regular in my attendance. Every morning before nine o’clock I was supposed to cross the Allegheny River on the bridge; but the tempting aspect of the sparkling current would generally prove too much for my moral fortitude, and I would take off my cloths and plunge in. For the rest of the day I could not think of studies or of home. Thoughts of duty when they did return to me Were accom- fos by a very lugubrious apprehension of the irchen rod: and the “imble slipper. The first lite- saving that lover did was in the Allegheny River, under the new suspension bridge, opposite the foot of St, Clair street, on one side, and ot il street onthe other. Irescued a boy from drowning. He ‘was not a good swimmer and missed his footin; and gone down. Without reflecting ut all I plung after him, but failed to reach him. When I rose to the surface I saw one of his arms protruding from the water some distance off. I dove again, and with sev- eral vigorous strokes got within reach of him. He lay on the bottom of the river t a huge boulder, and seemed to be liteless, I had hard work to get him to the surface and both of us were picked up by axow- boat. The crowd which had gathered took my cap and ut into ita whole lot of silver. 1 was afraid to accept it, for I knew if it was vered in my jon at home the fact that I had been tel truant and swimming in the river would sure! betrayed, However, it was forced upon me, IT went home teeling like a villain and with vivid ings of the coming castigation. I brought the money alon, my cap without any idea of how much there was, but foudly believing tuat there were at least ‘millious in it.’ The old lady grabbed me and wanted to know where I had got so much money. [never was 80 frightened in all my life as when she swooped down on me. “At another time the old. lady took all my clothing away from me: and locked me a in an upper story. She thought that she had certainly secured me then. remained quiet for a while, chewing the bitter cud of discontent. Iwas thinking of the splendid half day of enjoyment that I had been robbed of when my eye happened to rest on an old-fashioned bureau which stood in a corner. I opened one of the draw- ers and took out a pair of my father's inexpressibies, In a moment 1 got into them, but was almost lost. Nothing daunted, however, I pulled them up to my chin and tied them carefully about my neck. I must have presented a curious spectacle. Cautiously rais- ing a window, I slipped out without any difficulty and slid down a lightning rod. Then I darted off at full speed for the river and was soon rollicking in ay favorite element. SENT TO COLLEGR. “I was taken away from the high school and put at a more private one. ‘Tho diserpline was very strict and at the end of the first month L rebelled. I broke out like a volcano, I tell you. There were boats run- ning from Pittsburg to New Orleens. I got on a barge and made the entire voyage of 2,500 miles, ‘There were some men from Pittsvurg along and the: took an interest in me and brought me back wit! them. Mother thought that 1 was dead. Perhaps youcan imagine the astonishment of my friends when I turned up again, Father came home soon ard = and was again sont to the West with him. After returning I Sree placed, at a college in Cambria county, Pa, I stayed there only a short time and then went to sehool on the very summit of the Alleghany Mountains. I gave the professors a world of trouble and, against their most sacred prohibition, I in- structed nearly all the boys in the art of swimming. We used to go to a little lake about ten miies away. ‘The only study that 1 pursued with any interest or profit was the science of navigation. ME GOES TO SEA. “Tn 1363 I left college and went to New York to enlist in the federal navy, I joined the Brooklyn, which jay in Wallabout Bay. I was soon afterward assigned to the steamer Hy a, Which departed on ertise up the James River, being en- ployed in carrying despatches. For some time we were off the town of Mellville and were continually under fire, In August a rebel bomb disiodged our engines and ren the vessel useless. Iwas transferred to the sloop-of-war St. Louis and took part in the expedition against Fort Fisher, which terminated in the explosion of General Butler's fireship. I left the navy when the war was over, at sixteen years of age, with the rank of yeo- man. My father tried to yet me to go into business, but I was unfit for it. I could not lay down my mind to it. I made several journeys in the West, but was in @ continuous state of unrest until Ionce more ‘went to sea, In 1865 1 engaged. myself as a diver to the New York Wrecking ond Submarine Company, and sailed in the gchooner Foam. We were equipped with two diving bells and went in search of treasure, We found very little ot that, however, and busied ourselves chieily in raising car: goes and anchors and chains. We sailed all through the West Lndies, I was soon given important work to do, although the youngest diver in tue service of the company, did mout of the deep diving, aud would sometimes yo down when ail the others re- fused. We had very indifferent nck, but I cujoyed the work Vory much. I have seen in the deep water of the West Indies many peculiar things, and lendscapes as bevutiful as ever human eye rested upon. ‘The coral banks, in the perfectly clear element, with the tropical sun shining down upon them, present ® most wondertul sight. The bottom of the sea is white as suow and multitudes of brill- jantly colored fish near the surface dazzle one’s eyes. Some of them were timid and would dart away trom me, their opal scales flashi rich hues in th: er ful light; but whole echects ‘of others would sow their curiosity by approaching and closely surround: tov on all sides, 1 shall never forget . Boks Or thhove scenes, * aateiga 4 GHOST UNDER THE 8H. “I had one Mn wim) adventure while div- We had auchored in the Bay of Campeachy, where « Mexican had stood over and gone down. Only two men e crew had beeu saved. Tho naine of the ship was Avarada. We were toll that her topmast was: out of the water, but aigor proceeding upon soon: bearings for several days we were wnable to it, We wero cruising about a coral reet one Sunday ) and happeving to NEW YORK HERALD, FRIDAY, JANUARY 3, 1879.—TRIPLE SHEET, lean over the taffrail at the right moment I saw many fathoms below, # long, dark line stretching out under the ery: water. I concluded that this was the mast and that the vessel lay on her side. We dropped anchor aud I put on a diving dross and went down. We nad been told that six people were lost; among them was the captain's niece, a young woman about eighteen years of age. I got to the bottom near the brig and walked around it, taking care to keep the air-tubing clear from the keel, so as notto breuk it. Not sixty yards from me rose the white wall of the coral reef. There were great holes in the bottom of the hulk, I yot aboard and on iecl- ing around found that the hatches were stil! closed. ‘The sails hung down in clogging masses on one side. The ship looked weird and strauge enough, I can tell you. I went down into the cabin. ‘The floor was so steep that I could hardly walk. On one side there was 4 stateroom, and this was the side which leaned toward me. Wishing to see whether there was any treasure aboard I picked up a bar which I had with me and struck the door two or three times. It did not budge, and then I'got the bar in the crack next the post and began to pry. Sud- denly, as I was looking up—for you must understand that it was above me—it swung clean open, and the bi pse of a beautiful woman, clad in her white night clothes, with her face toward me, slowly fell over toward me and floated dowa through the water head foremost, Before I could move (aud it I had wished to I wus paralyzed with horror) her hand touched my helmet with a light blow and her feet struck the floor. ‘The light potredaround her from porthole in the stateroom. Iremember just how that face looked, The eyes were wide open and starting from their sockets; the lips were gasping, and the matted hair lifted and trembled and waved with her motion lixe the long fibres of seaweed. When [ could recover myself shook off the hand with all the power that I could muster. It seemed to‘clutch at me, and 1 was frightened. When we on deck, however, I felt better, and we fastened a line to the corpse and drew it hr She must have juinped ont of her bunk just as the brig went down and died in tryivg to open the door. The Foam was lost on the coast of Mexico, below Tampico, and my diving suit went with her. When I got into Tampico my baggage consisted of nothing but a tarpaulin and 4 sou’ wester. CAMPAIGNING IN MEXICO AND FRANCE. “It was during the French oceupation of Mexico, and I joined thearmy under General Pedro Martini. I served three months in his campaign, and 1 got quite cannes of it. I don’t know to this day on which s.de I fought or whom or what I was shooting at. It was mostly guerilla warfare with us. We radually moved northward, and from Monterey I ook French leave and swam across the river to Brownsville. I came North, and my father yave me a start in business at Cape May. I did a good trade, but passed most of my time on the beach. Icouldn’t keep away from it. It was there that [frst went into the life-saving .service as a vol- unteer. During the first season Lrescued fourteen ersons from drowning. I took some terrible risks. the next summer, after spending the winter in Phil- adelphia, I returned to the Cape and saved several lives. And here is @ peculiar point. I have on instinct tor life saving like that of a Newfoundland dog. I never calculate the chances of my own safety. By sur- = the men who were there engaged in the life-saving service and showing them that their own system was false I made many of them my enemies. In 1869 $1,000 worth of presents were given me by the visitors at Cape May. store, was fi by ‘incendiaries and a good © the city was burned down. I lost all that had. attribute the fire to the enmity which I had created against myself in the manner alluded to. I went into the submarine diving business, finding employment in the Gult of Mexico, When the Franco-German war broke out in 1870 I went to Europe and joined the franc-tireurs at Havre. T hated discipline and I would not, belong to a regu- lar corps. During the whole war I served under General Mocquard, I still have, the rifle which I used then. It *was given .nic in testimony of my services, I was at Orleans, Limoges, Rouen, Buaalbeck and many little skirmis! in the worth of France. After my return to America, in 1371, I went down to Atlantic City and acted as volunteer life saver. I was very success- ful, and during that winter I worked on my life pre- serving apparatus. I was engaged by the Camden and Atlantic Railroad Company to organize a life saving service on the coast, and the season of 1872 Y without the loss of a single life. Altogether I have saved seventy-one lives on the New Jersey coast, yet for this serviee I have never received any recognition either from the government or from humane societies. In the spring of 1873, as you know, I went to Europe on the Queen.” THE CENSUS OF 1880. ‘ WasHINGTON, DC. 28, 1873. To rue Eprtor'o¥ Tue Henarp;— As it is (ever, the aim ofthe Hxgaip to dissemi- nate the truth respectingall matters: discussed in its columns I dottbt not your disposition to indulge me in venturing to suggest that in @ lato. article on the tenth census you expressed some opinions whicn aro susceptible of modification. It does not follow that change in the present law is impossible if not effected prior to January 1, 1880, as nothing is more certain than that Congress can at any time repeal a part, or all, of s law existing. ment of @ law at variance with anything on tho stat- ute books necessarily repetls that whereto it is re- pugnant, and no one Congress can bind or tram- Tel its successors; so it is not essential that a cen- sus law be the present session to have effect in the execution of the census of 1880, which is not to be commenced until June, and it were much bet- ter to abide by a law. which hes worked well, con- silering ail things, thaw huve one hastily enacted which might defeat the sctentific and practical aims o% a cepsus in a jong series of important elementary facts obtalned wii such uniformity at stated periods th, Mit of the, ggtablishment of statist truths. Tho’ gencralit herein you indulge régatding “the ‘new system” are very easy of expression, as faults are ee 3 easily attached to almost any measure of public administration, and, while nothing is simpler than the proposition to em- ploy “a ditferent sort of machinery,” ‘there is great danger that inexperienced hands may, in its use, mar rather than remedy, aud “the preposterous errors in the last census” referred to may possibly have been more the consequence of imperfect administration of the law than of the law's imsuttigiency, The ilius- tration of ‘tue factory in one subdivision and the office in another’ is @ fiction of imagination, and could never have originated in the mind of one capa- ble of preparing proper instructions to the census takers. It is easy to write about “experts” in mining and other statistics, but to know at the national capi- tal who, in the distant mining regions, they are, and who would vacate present permanent occupation for a few weeks’ employment, is not what a seusivle man would claim. No census can be pertoctly accurate, and no law can be framed which shall be beyond the imputation of defect, especially by pretenders to knowledge, who are ever willing to tear down that which they could never have builded. My object is merely to warn legislators not to be too readily influenced by unfounded complaints td irremediably impair the value of the census by hasty legislation. 3.04. K. UNMIXED CHEER. “Ah, Patrick, you were very drunk, the officer tells me,” said Judge Flammer to the young fellow betore him at Jefferson Market Police Court yesterday, “I was making calls, sir.”” “What, and drunk by noon, eh?” “Yes, sir, I had been making calls from eight o'clock. “Haye you one of your cards left?” “TI had no cards, sir." “How did you become so drunk?” «Look on a load ut every place, sir.” “What at the first place?” “Whiskey straight.” “Next?” “Straight whiskey ?” “Again ? little rye.” mee more 2” “Old rye.” “Keep on. “I did for sixteen times, sir.” And then ?”* woke up in the station house.” “Ten dollars or ten days.” YOUR MONEY OR YOUR LIBERTY. John and Henry Tiedeman, proprietors of a grocery store at No. 341 Water street, were arraigned before Judge Otterbourg at the Tombs Police Court yester- day on acharge of sssault and battery. They were brought to court on @ warrant issued by Judge Kilbreth on the Sist ult, upon the com- plaint of ‘Thomas Connor, who alleges that on December. 18 last he was beaten by thom at their place of business, Henry Tiedeman, when asked what he had to say, informed the Judge that he had been arrested before on the same charge in a civil action for damages laid at $2,000, and that he had paid $155 to settle the case, He expiamed that shortly before six o'clock on New Year's Eve two deputy sheriffs called at his place of business with an order of arrest, and that one re- mained with his brother while the other accompa- nied him to @ triend’s to get some money. He was in- formed, #0 ho said, that ho could not give bail and would have to be locked up over New Year's wn Joss 8 settlement were made, Sooner than go to Jall, ue ho doclaredy he paid out tho. $109, How the im was divided up did not ee: Tiedeman says ho quve each of the deputy sherifts $16, and the release si by Thomes Convor is in consideration of $100, ‘Phe settlement was made at the house of Counsellor James Oliver, who appeared for Connor, The latter yesterday denied having received any portion of the $100, but his si nature attached to the release corresponded with that on the com- plaint. ang Otterbourg at this point said he had heard enough of the pi to satisfy him that it was little short of highway robbery. “What man,” he said, “it he had $100 to sparo not pay it over rather than spend New Year's in prison? 1 is man the vietim of a lot of sha: ‘ane betore me is concerned the complaint is ad, This squeezing money out of aman is a strongly to be deprecated, and if I were you Giotiesiwerte tt crerael egtia eo who issn order of ari e the man- ‘ner in which you have been served,” ‘the carriage way. The enact- WETHERILL-SMITH. MARRIAGE BELLS AT TRINITY CHURCH—THE BRIDE, THE GROOM, tHE MUSIC AND THE FLOWERS. ‘Trinity Church was crowded yesterday forenoon by representatives of New York's best society, who had, despite the stormy weather, assembled to witness the marriage of Rev. J. Bloomfield Wetherill, formerly rector of St. Panl's chapel in this city, with Miss Kate Annette Smith, daughter of ex-Judge J, Lawrenve Smith, of No, 537 Fifth avenue, formerly of Smith- ville, L. L, and grand niece of Mrs. A, T. Stewart. As early as ten o'clock a stream of carriages poured down Broadway, depositing their occu- pants on the bright colored carpet which extended from the middle door of the church to the outer edge of the sidewalk under the usual awning. Several police officers were in attendance to preserve order, and at times they found it difficult to prevent the throng of spectators outside from blocking up Inside there was also sume con- fusion, as over three thousand invitations had been issued, and, as @ matter of course, all were desirous of obtaining seats as near the chancel as possible. ‘The ushers, of whom there were eight or nine, per- formed their self-imposed duties in a most efficient manner, ulthough’ the importuni- ties for eligible sittings, cepecially by the ‘ladios, at timies put their patience to a severe test. ‘The ushors were Messrs James Smith, Hulsey Haight, Edward B. Hilton, son of Judge Hilton; William Hewson, William Houston, James W. Walsh, Delancey Nichol, Hillborn B, Roosevelt and Frederick K. Law- rence, WITHIN THE CHURCH. At @ quarter to cleven the organ sent forth its swelling strains in an appropriate voluntary, and the scores of gaslights instantly illuminated the hand- somely decorated interior of the edifice. A heavy silken rope, with massive tassels, was extended across: the middle aisle about half way between the chancel and the vestibule, the space thus cut off being re- served for the respective families and immediate friends of the contracting parties. Meantime the guests continued to pour into the church, filling every available seat, s large number contenting themseives with standing room in the aisles. ‘The steps leading to the pulpit were eagerly utilized by several young ladies, as they commanded an excellent view of the chancel. Among the invited guests and friends of the bride and groom were Mrs. A. I, Stewart, ex-Judge Hilton, ex-Secrotary Bristow, Mr. Prescott, Mr. H. Butler and Mra. Butler, brother- in-law and sister of the brid x-Mayor Wickham, Mr. and Mrs. Carpenter, Mrs. Newbold, Mrs. Giouver- neur Ogden, Mr. and Mrs. Charles D. Livingston. ‘THE DECORATIONS. ‘The decorations were most elaborate. At the sltar table the eitrance was entirely dressed with different varieties of exotic palms, among them the large hi- biscus with variegated leaves. Next in order was the white arbutilum, next the drascenas, and lastly an indiarubber tree, filled in at the base with calla lilies and carnations of various shades, On either side of the approach to the altar the way was lined with car- nations and lilies. There were algo the ixis striata, panadamus striata, panadainus veichil, acuba japonica in varieties. The base lines were formed of acuba japonica and rare specimens of euonimus, the whole ribboned out with with several varieties of carnotias, ageratium raphella or corcovedensis, yuca Americana and variegeta, among them being the finest specimen of a new variety of drascena ever seen in this city. In front of the chancel were four clumps of plants and exotics, two small ones at the entrance to the sanctuary, and two larger ones around the large brass candelabra. These were com- posed of charmo carpus palm, na, Braziliensis guilifolia and the strelitizia, also the fishtail | aud fantail palms, ferns and other bo- specimens, ‘the mn of all being gree relieved by the bright scarlet of the euphorbia poin- setta, which has orange colored stamina. The cor- nice behind the altar was filled with ageratium pur- pura, Chinese primroses and white duphnes, traiied with ivy and festooned with smilax. In the centre of all were four large sago palms. On the altar tablo stood two large bouquets, composed of camelias, cur- nations, violets and daphnes. From the altar to the chancel rail was covered with scarlet and white begonias. The chancel railing was also festoofied with smilax. The ceremony, which was that of the Protestant Episcopal Churcn, was performed by Rev. Morgan Dix, rector of Trinity, assisted by Bishop Littlejohn, of Long Island, THE WEDDING MARCH. ia At thirty-five minutes past eloven the choir en- tered the church singing the processional, No. 212, ne “Hymns, Ancient and Modern,” the first verse . The voice that brosthed oe'r Eden, That earliest wedding day, ‘The primal marriage blessitig, It huth not passed away. ‘The clergy and Bishop Littlejohn. brought up the rear of the procession. The Bishop and Rev. Dr. Morgan Dix took their places in the chancel, the Bisbop in the middle of the altar, the priest on the gospel side and the deacon on the epistle side. Dr. Dix’s position was at the entrance of the chancel at the top of the three steps. As soon as the choir had finished the hymn the great organ pealed forth a wedding march, and then all eyes were eagerly ted to} and down the centre aisle. In afew moments the bridal party entered in the following order :—Ushers, Messrs. Halsey Haight, James Smith, Edward B. Hilton and William Hewson; bridesmaids, Miss Ella B. Smith and Miss Bessie Smith, sisters of | the bride; the bride, Miss Kate A. Smith, leaning on the arm of her father; ushers, Messrs. James W. Walsh, H. B. Rooseveit, Delancey Nichol and F. R. Lawrence, ‘The groom was accompanied by his brother, Colonel Wetherill, of New Jersey. The bridal couple advanced as far as the three steps leading to the chancel, when both kuelt down in front of Dr. Dix. ‘The bride, who is a youthful blonde, rather above the middle heignt, was attired in a ‘l satin dress, made Princess en train. Upon her ead was a coronal of small white flowers, and froin which depended in graceful foids the bridal veil. She held in her hand a beautiful bouquet. The groom is apparently approaching middle age, and is of nie- dium stature, having dark hair aud eyes, full dark beard, slightly tinged with gray at the chin. He wore a simple halt-dress clerical suit, When the wedding march was finished and the bridal couple had risen from the kneeling posture, Dr. Dix proceeded to perform the first part of the | marriage service, as far as the words inclusive, “Who giveth this woman to be married to this man?’ The bride having becn then presented by her father, the anthem “God be merciful,” was sung, the bride and groom meanwhile entering the chancel and taking up | their positions in front of Bishop Littlejohn. At the | conclusion of the anthem the Bishop took up | Harkins’ gross mismanagment of the affairs at said | theatre during my absence, I respectful.y pray that | @ receiver may be iinmediately appointed b; the marriage service proper, and ended b; pronouncing the benediction. "When the bride he. received the congratulations of Bishop Litilejohn, | Rev. Dr. Dix and others of the Trinity Cnurch ciergy, who were within tite chancel, the newly married couple, arm-linked together, walked briskly from the chancel and down the aisle to the middle door, the | organ meanwhile playing @ portion of Meyerbeer's Wedding March, from “Le to leave the chancel and also asa prelude to the reces- sional hymn. When the bridal party had lett chancel the recessional hymn was sung, the first verse being as follows:— How welcome was the call, And sweet the Festal I a's hall After the services were over the greater part of tho | large audience lin, d in the church, many of them examining and hiring the Gecorations, so that it was fully half an hour before the sacred edifice was entirely vacated, | ‘At the conclusion of the ceremony the newly mar- | ried couple were driven to the residence of the | bride’s parents, where the reception was given. BROKER SEWELLS. EXPULSION. JUDGE FREEDMAN DENIES THE APPLICATION For AN “INJUNCTION AGAINST THE STOCK EX- CHANGE—ARTICLE 20 UPHELD. After a weok's consideration Judgo Freedman, of | the Snperior Court, yesterday rendered his decision in the case of Arthur L, Sewell against Brayton Ives, president of the Now York Stock Exchange, the facts of which were published in the Henanp at the timo of the argument. It will be remembered that Mr. Sewell, who was a member of the firm of John Bonner & Co., of “rehypothecation” fame, was | shortly after the failure of that concern, by a vote of the Governing Committee of the Stock Exchange, expelled from the Board, he being | adjudged guilty of obvious frand, After sev. eral unsuccessful attompts to obtain a reversal of this judgment Mr. Sewell as @ last resort con- eluded to apply to the courts fora remedy in the pre- mises, With this end in view he brought the action already stated to obtain an injunction restraining Mr. tves and the agents and servants of the Stock Ex- change from intertering with his alleged right of in- gress and ogress to the public mart in the building, and the motion was argued before Judge Freedman by General Pryor on behalf of Mr. Sewell and Mr. Robert A. Sewell for the Stock Exchange, It was claimed at the timethat the conviction was illegal, being contrary to the provisions of article 22 of the bylaws of the Stock Exchange, JUDGE FRRRDMAN'S DECIRION, Judgo Freedinwn, ia his decision rendered yestor- day, say ‘The plaintiff, a8 a momber of the Now York Stock Mabangs, was tried and found guilty of obvious fraud by the Governing Comunities of that association, and thereupon expetled, Tho trial, con- yviction and expulsion took place under the coustitu- tion and bylaws of the association, which had been subseribed by the plaintiff ou bis admiesion. By article 20 the oes, Committee is constituted sole judge of constitutes obvious fraud, and the clear intent and object of the article is to secure and enforce honest dealing among aclass of men exposed by the very nature of their Dusiness to unusual temptations, This being so, the mary remedy, should Urts as far as exiatiny phéte,”’ to allow time | had rules of the faw will permit. The objections urged against plainti’s conviction and expulsion are not based upon his innocence, but upon an elleged mis- construction and even invulidity of article 20. They are, therefore, of a somewhat technical character, and as their determination not only involves consi erable labor, but the whole issue, they should be de- termined upon a regular trial und not apon a mere motion, The granting of an injunction betore trial always rests in the sound discretion of the Court, and tipon the whole case, as it appears at present, I can inl nothing whieh’ calls for summary inter- ference, Motion denied, with $10 costs.” MANAGERIAL MALCONTENTS. THE LEGAL FIGHT BETWEEN HARKINS AND FISKE, OF THE FIFTH AVENUE THEATRE— MUTUAL CLAMORS FOR A RECEIVER. ‘There was a large crowd, including many repre- sentatives of the theatrical profession, in Supreme Court, Chambers, yesterdsy morning, awaiting with deep interest the second act in the proceedings in- stituted by Daniel H. Harkins, stage manager of the Fifth Avenue Theatre, against Mr. Stephen Fiske, the business manager. In these proceedings the former secks a dissolution of the copart ‘hip, an accounting as to all the receipts and dis- bursements and the appointment of a receiver of the theatrical properties, An unusually large number of motions being on the day’s calendar Judge Davis sent the counsel before Judge Donohue, The initi- atory act on Saturday had only disclosed Mr. Harkins’ side of the case. Now came Mr. Fiske’s turn to give his narrative, and Mr. William F. Howe, his counsel, promptly availed himself of the opportunity to hand to Judge Donohue what he designated as the “plain, unvarnished tale” of his client. MR. FISKE'S stony. “Iam the defendant in this action,” begins Mr. Fiske in his long drawn out narrative, ‘and I re- spectfully show to the Court that cach and every allegation of the complaint of Daniel H. Harkins, the plaintiff, is either false in fact or so stuted as to con- vey to the Court a false impression. On the 3 day of June, 1878, Ientered into a copartnership agreo- ment with the said Harkins for the purpose of esrry- ing on the theatrical business at the Fifth Avenue Theatre, in this city, forthe term of one year from the 2d day of September, 1378. At the time I entered into this copartnership I was the sole lessee and man- ager of the Fifth Avenue Theatre, and my individual lease of the theatre extended to the 15th day of Sep- tember, 1878, Harkins was then an actor, out of em- ployment, who had succeeded in convincing me of his ability as a stage manager, and who had promised me that, as my partner, he would support the stars who were to appear at the theatre during the season, With this conviction and understanding I agreed to enter into the copartnership, and to cancel that por- tion of my lease which extended beyond the 2d day of Soptember, 1878, Neither at that nor at any other time did Harkins invest a single cent of capital in the Fifth Avenue Theatre. The ‘references in his com- plaint to the ‘additional capital’ required are, there- fore, calculated to deceive the Court. Harkins was never called upon to furnish any capital, original or ‘additional.’ He entered, empty handed, into a sorely eee appointed and well advertised theatre, which [ had previously managed without his assist: ance, but from which, during my illness, he now af- tempts to oust me in order that he may obtain all the advantages of my labors and expenditures,” “ MUTUAL DISAFFECTION. In the continuation of his story Mr. Fiske charges Mr. Harkins with malice and bad faith in making up the accounts and an invidious interference with his department. He says he ‘protested aguinst the ab- surd bogus balance sheets provided now and then by Reed,” whom he characterizes elsewhere as “one Philander Reed, who is sworn by Harkins tobe an expert but who in fact knows nothing whatever of theatrical bookkeeping.” He next tells bow he be- came disaffected toward Harkins. “While Harkins,” he says, “was becoming involvéd in these private uc- counis he grossly neglected his duties upon the stage, drank deeply and often came to the theatre intoxicated. He excused his unseemly conduct and inattention to business by pleading grief at the loss of his wife. For a while I sym- pathized with him; but as he continued inatten- tive to his duties, violent in his language, idle, useless, refusing to play the parts for which he had been previously cast with star actors and actresses, the relations between #rew more and more strained, and I consulted counsel as to what course had better be pursued, and, upom timely ad- vice, for the sake of the theatre and the partnership, I persevered in the faithful discharge of my duty-as manager, Upto the date of my illness—viz., the 20th ef December, 1878—every claim against tho theatre or the firm was promptly met or satis- fuctorily udjusted; all stlaries, rentals and other ex- penses were pid weekly, as required; there was never any question of closing the theatre or calling ‘wpon a receiver to wind up the firm. On the 20th of December, 1878, 1 was attacked by rheumatic gout, and could not leave my room. I sent for the firm checkbook, drew out and signed checks for bills due on that day, and then, as I grew worse, I despatched all my keys and the checkbook to Harkins. DOCUMENTS SPRUNG UPON HIM. Proceeding on with his recital Mr. Fiske charges that the papers served upon him were concocted during b's illness and sprung upon him as a sur- prise, and he alleges that they “are upon their fuce false, fraudulent and designed to deceiy. the Court.” Further on he adds that Mr. Harkins ‘conceals from the Court the fact thut the bills, receipts, vouchers, check-book and all the accounts of the theatre were not only open to his inspection every day and night, but were regularly handed over to him overy Satur- day night. conveyed by him to his hotel, and kept in his custody, so that the slightest error or mistake could be.at once correctod."" : RE DEMANDS A RECEIVER, “T respectfully show the Court,” says Mr. Fiske in concluding his story, “that the suppressio veri and the suggestio falsi_ are equaily fatal to the complaint of Daniel H. Harkins. Wherefore, I pray the Court that the complaint of the plaintiff be dismissed with costs against him individually, and that his applica- tion for an injunction be denied with costs against him individually. And wherefore, by reason of said the Court to take charge of the property, effects and bus- iness of the copartuership.”” . MANAGERIAL CORRESPO: E. Mr. Fiske makes a part of his story the following letters, which suiiciently explain themselves :— ENUE TURATRE, } Decem' . INT, My Dean Fiewx>—I think it is about time that we eame to some definite understanding as to the future in this theatre. We imust have money or st Wecannot yo T, for one. sue for bis paid to more Christmas, cht. fst pay cas w night to attachis Bibb Let me know what ), to-marraw You propose to do, shat up or ra T think business will wok. Tam tired sic we had better have the affair settled Yours truly, 1 Dear S1—Yours had At once. dT. HARK ie on say that I T do not anderstand what his includes the $435 at Wo such ara ont need not be i to leave my tr £ part of your let so the the Forming ® part of Mr, Fiske’s exhibits were the followmg brief notes, written to him personally ines, but with no explanation as to who ast’ en pace $901 to-night. rest of the week, Sarvnpay, Hope you will be round to-ni Gloomy day. House knocked ont of time by stor $686 7b, Everything going smoothly. Yours, DAN. ASKING A REFERENCE, After the papers‘as epitomized above were handed to Judge Donohue, together with the complaint of Mr, Harkins, the substance. of which has been hereto- ford published in the Henan, ex-Judge Dittenhoofer, who #ppeared on behalf of Mr. Harkins, @iggested the names of Mr. Garduer, son-in-law of Peter Gilsey Louis M. Simon, and ex-Aldermin Lewis, from which a choice of receiver could be mace. Mr. Howe said that not only did Mr. Fiske not object to the appgintment of a receiver, but on the contrary he desired the appointment of one. Ho named no person, but suid he thought it was proper that such appointment be left to the Court, who would select a person who was tubiassed and a disin- terested og t Ex-Judge Dittenhoefer moved that the issues be sent to a referee. Mr. Howe said he would not consent to a reference at present; he would rather wait until a receiver had ba hoes “4 the full; itiously “L will examine the papers carefully,” sententiou said Judge Donohue, tia give you early apprisal of my decision.” THAT CHURCH Torrenvitte, 8. L, Jan, 1, 1879, To tae Eprror or tHe Heratp. You were kfhd enough to give space in your col- ‘umns of to-day toa notice that the treasurer of Bethel Methodist Episcopal Church, A. W. Joline, was under arraignment for conversion of $300 church funds to his own use, Will you be so kind now as to give space enough to say that & committee of said eburch have carefully investigated the charge, and, atter hear- jug. all the evidence, pro and con, fully exonerate Mr. ne. Imay add that a more needless and wanton 4. CLARK, Pastor. Sorry you are sttil in. “SOANDAL,” charge was never mada j of August 2), known as “the joint order” directed to | i FIN JOHN PORTER _ Reassembling of the Board of In- quiry at West Point, DAMAGING EVIDENCE. - Sergeant Dyer Testifies that the Famous Order Was Delivered in Daylight. Investigation Directed by Presi- dent Lincoln. Wesr Porst, Jan. 2, 1879. The cause célebre, the last session of which was be- gun at Wost Point to-day, has been from the first of such @ marked and peculiar character that it deserves more than the usual notice of passing events, In many of its aspects it, is altogether a unique case, having been before the public for more than sixteen years, involving the truth of history in one of the most important and bloody campaigns of our civil war, and exhibiting the testimony of many of the principal actors on both sides of thecontest. There is much more than the personal vindication of General Poricr involved in this inquiry, as there was in the original court murtisl of the winter of 1852-63, and the complete and exhaustive testimony which General Porter's coun nd the Judge Advocate have brought forward will doubtless be of value to the future historian, not only in deciding the merits of the questions directly at issuc, but in arriving at an estimate of the condi- tion and animus of the American people during the deadiy strife. General Pope's campaign with the Amny of Virginia immediately succeeding McClellan’s movements on the Peninsula was so disastrous to the Union arms as to almost paralyze the will of the loyal States. There was an indignant and universal demand to know why, with the troops who started out under General Pope’s command, reinforced by the veterans of the Army of the Potomac, the Union forces should’ have been so unfortunate as they were in the month of August, 1862, The | admitted fact that General Forter'’s corps did no fighting on the 2th of August, when, as General Pope telegraphed to Washington, we had “a terrific combat with the combined forces of the enemy, lasting throughout the day,” would seem to give color to the charges against him, and the further accusations that he might by a proper exercise of vigor have fought Longstreet’s forces and prevented their junction with Stonewall Jackson’s the next day added fuel to the flame of in- dignation that was felt by many persons against this hitherto popular officer. The trial oceurring in the season of the passionate feelings excited by the war and at a time of national disappointincnt and mortification, it has been claimed by Porter and his friends that he dd not and could not receive equal and exact justice. 'The partisan feelings of the war have at this day so far died out that any political animus connected with this question scems now out of place. If the result of the present inquiry shall be to establish General Porter's innocence his case will certainly afford a most remarkable illustration of the injustice which may be imposed under proper legal forms. If he is. vindicated the vindication must necessarily be so complete that it will carry an assurance of his inno- cence to every candid mind. And if the presont Board shall, after such an exhaustive inquiry, be- lieve in the justice of the verdict bi hewradl aor General Porter's case will be finally disposed of, and he must forever after hold his peace. “ THE TRIAL iN 1862. ‘Tho military court which met in Washington for the trial of General Fitz John Porter on the 27th of November, 1562, consisted of the following meu- ber: Major General David Hunter, Major General | E. A. Hitchcock, ee General Rufus King, Brig- adier General B. M. Prentiss, Brigadier Gener: James B. Ricketts, Brigadier General Case: Brigadier Geueral James A. Gartield, pe Gen- eral N. Buford, Brigadier General J. P. Slough, and Colpnel Joseph Holt, Judge Advocate. the charges, stripped of technical language, were— First, a violation of tho ninth article ot war with five specificatiods:—First, that he disobeyed the order of the night of August 27 to march at one o’clock the fol- lowing morning, “this at or near Warrenton, im the State of Virginia, on or about August 28, 1862.” The second specification was that he disobeyed the order Generals McDowell and Porter to move toward Gains- ville, in which matter Porter clui e was subject to thé direction of McDowell, hi wir officer. | ‘The third specification was Porter's failure to attack 8 enemy in obedience to ¢ peremptory 30 P.M. order’ to “push forward at once on the enemy’s flank,” &c., which | order Porter claimed he did not receive till from half-past six to seven P.M., when darkness pre- vented a compliance with it, though he made the in- | itial attempts to carry itout. The fourth specifica- | tion was that he tailed to obey Pope's order to be poggent at the battle ot thé 30th of August; and the {th specitication, that he aliowed Piatt’s brigade to move off, and delayed its arrival ‘on the 30th of Au- gust. The second charge was a violation of the flity- second article of war, with four specification First, that Porter, with regard to t 30 P.M, order,” “did retreat from advancing forces of the enemy without any attempt to engage them or to aid the troops, who were already fighting greatly superior numbers, and were relying on the flank at- tack he was to make,” &. The second specification is tuat he “did shamefully fall back and retreat from | the advance of the enemy” on the 2th of August. | ‘The third specification is of the same nature as the | second, aud the fourth charges him with per- sonal ‘cowardice and a failure to “Inspire his troops to meet the sacrifices and muke the resistance demanded by the importance of his position and the momentous consequences and dis- asters of a retreat at so critical a juncture of the | day.” Subsequently this last (fourth) specification was withdrawn by the Judge Advocate. The trial lasted forty-five days, during which the government culled the witnesves, including General Pope, Gen- eral B. 5. Koberts of his stutf (in whose name the charges were preferred, and who is now dead), Gen- eral Irwin McDowell, General Heinizenman, General King, himself a member of the Court and sitting in judgment, and others. The witnesses called by Por- ter's counsel nurgbered twenty-two, sud included the members of his staff, sud Generals Morcll, Griftin, McCielian, Burnside, Parke, Sykes, Butterfield, John | Butord, Kuggles and others. After pronouncing the | accused gulity of the various charges and specifica. tious, with two exceptions of the lattor, the resuit was that “the Court do therefore seutence him, Major General Fitz John Porter, of the United States volunteers, to be cashiered and to be forever dis- qualifed trom holding any oflice of trust or profit- | under the government of the United States.” DEMANDING A NEW TRIAL, General Porter immediately atter his conviction commenced his eiforts to have a rehearing of the caso, claiming that the decision was unfair and that he could bring testimony so to prove it. Itis now a matter of record by the testimony of so emincut and trustworthy @ witness as ex-Governor Newell, of New Jersey, that President Lincoln just before his death said that he was then convinced great injus- tice had been done Porter and that he intended to order a rehesring. It is perhaps fortunate for General Porter that the inquiry has been delayed to such a late day, for it is hardly possible thet he could have’ obtained the evidence he desired so fully in 1865 as now, or have had it so carefully and impartially weighed. During | Johuson’s and Grant's administrations he made re- | peated attempts to obtain an opening in the caso, | but though the appeal was never refused it was never granted, and it was uot till Mr. Hayes was in the Presidential chair that Porter's efforts to get a chance to clear up his record were successful, The Board appointed by the President to consider the | testimony offered by General Porter and the evidence iu rebutial consists of Major General Schofield, Brigadier General Terry and Colonel Getty, of the Third United States artillery, with Major A. B. Gardner a8 recorder, No fairer or moro able Board than -the three who are to sit in judgment on this case could have been se- lected from the officers of the army, There have been thus tar thirty-six sessions of the Board, be- | ginning at West Point on the 20th of Jane last, and 140 Witnesses have been examined. The interest | attached to the hearing has been very great | throughout, and the meetings have been exceptional | ir charact Vor the firet time in any such the witnesses have been summoned who Were on both sides of the con- test, and documentary evidence has beom submitted contained in the official reports of both Union and Confederate officers. VOLUMINOUS EVIDENCE. ‘The rehearing has been thorough and complete in all detaiis, and @ mass of evidence haw collected, on both sides which was not previously accessibic. In General Porter's list of officers there were all his own staff and his previous witnesses, who were still living, besides uumerous others to confirm their tos- timony. A recapitulation of the list would be tedi- ous from its length, aud embraces members of the Union army from corps commanders to privates. In addition he had a number of the Confederate force to testify as to their positions and movements, amon them being General Longstreet, Jubal Early, Colonel Marshall (of R. &. Lee's stafl), officers of Stonewall Jackson's staf, and others in prominent official positions. Tho Judge Advocate haa likewise had & “cloud of witnesses.” There lave been #0 many conflictiug statements toat the decision of some of the pointe will invalve a difiontiv wat aasiiw | map the ronte take 5 surmounted, When the hearing was adjourned, after the October session at Governor's Island, it was un- derstood tiat on reassemblnug the final arguaents were to be mude dud the case to be closed. The Judge Advocate lus some furth. r witnesses, however, whose evidence he deems of importince, and betors the arguments be proceeded with they must be examined and tet testimony introduced. There is an appirent earnest desire to bring the caso to @ close, and it is hardly likely that this additional ‘testimony can occu rz moze than few days, af Mr. Maltby of, Porter's counsel, will first addross the Court. ‘This gentleman ith the case and has done the most work in presenting it anc getting it into shape. He has twice visited the battle eid and knows fully whereof he spevks. His address, whieh will be a thorough review os the case, will occupy at least one day, The Judge Advocate will respond and Mr. Bullitt, of Philadelphia, General Porter's senior cou sel, will thenspeak. The Judge Advocate is to have an opportunity to reply to lim and the case will be clos by Mr. Joseph H. Choate, Goueral Porter's cdunsel ‘have given evidences of hart work and thorough understanding of thelr client's case. No one who heard Mr, Choate’s cross-examination of Lientenunt Colonel T. C,H. Smith, of Pope's stait, and of General MeDoweil will be likely soon to forget it. His closing speech in this long investigation is certain to be one of bis best efforte. REASSEMBLING OF THE BOARD. Notwithstanding the severe storm of yesterday the members of the Boar, General Porter and his coun- sel and others ei Point on time, Wi der the present circumstane gequainted with it during meetings are doubtiess a to those who are only “the season;"” but the send to the officers sta- who were present all immediately on as- ecorder stated he was expecting soma had been detained by the snow storia witnesses who and could not arrive. ‘The Recorder then stated that he had some docu- 4 he wished to submit. After ‘ams and reports he read Stringfellow, of Virginia, yas a witness for the government at the October mentary evidence whi examination, This gentleman requests that the evi- dence he gave as to eveuts of the 29th and 30th of August, “2, be lett out of consideration by the Board, as he is now satistied that his recollections are too dim and vague to make his t of any value, in which the Bourd la ingly agreed. A report of po: the strength of Banks’ ‘ps onthe 3istof August was objected to by Poxter’s couase! as immaterial un- less the object was to show that Banks was subject to Porter's orders during the period in question. 7 discussion was lively over this question, the Indy Advocate insisting that in view of Banks’ proximity to Porter the ‘report should be ud- mitted, which the Board finally agreed to with the statement that they would decide for themselves whether the document was of any value to them, ‘The next paper was the report from the War Depart- ment as to the continement of ihe government wit- ness, Bowers, of Virginia, who was arrested and con- fined during the war at Camp Chese under charge of being aspy. Then followed @ letter from Secre- tary Stanton to General Halleck asking whether or- ders issued to several commanders in the Army of the Potomac had been promptiy obeyed. This was objected to by Mr. Choate as i:amaterial, and another lo@ discussion ensued, which resulted in the ex- - clusion of the letter on the ground that it was not connected with the subject at issue. LINCOLN ORDERS AN INQUIBY. After this Major Gardner exhibited an order from President Lincoln dated September 5, 1362, directing a board, consisting of Generals Cadwallader, Mans- fieid and Casey, to inquire as to the conduct of Gen- erais Porter, Vrankiin and Griffin on the 29th of August. This was a genuine surprise, for no one had ever heard of it before, and General Porter himself up to that moment was in entire ignorance of any such order. It appears that the court assembicd three times, did nothing and adjournrd sine die. Mr. Choate objected to the reception of the order and the record under it, and it was excluded by order of the Board. A:ter some discussion as to a yerification of the extracts from the reports of the Confederate Generals Longstreet and Jackson affecting the testimony of General McDowell in this counection Major Gardner offered originals of two letters written in 1874 by General Pope to President Grant and the reply thereto. In his letter General Pope says that if Porter has new testimony calculated to alter the verdict against him and has been unjustly cenvicted he hopes the President will accede to the request of that officer and his friends and order an inquiry. The letter is dated at Washington, where Pope was stay- ing as a member of a court martial. President Grant, in his reply, says that he hus looked into the case of General Porter and sees no sufficient reason for his official action as requested, and is moreover of opinion that such an investigation would be of doubtful legality. Mr.Ghoate was strenuous in his objec- tions to the receipt of this correspondence, on the ground that it was not official, but a mere expression of private opinion between two gentlemen. He con-. tended that General Grant's opinion would be of value if made up with a full knowledge of the facts as they are developed to-day, but the expression of his views in 1874 were irrelevant. Bota Genorals Grant and Pope were living, and if their opinions as to this case are desired they should De stunmoned as witnesses. Gencrul Pope, at least, could be reached, and had been summoned and re- fused to come. “Nobody’s opinion,” said Mr. Choate, “is of moment to this Board, who have the full testimony betore them by which to make up their own opinion.” After more discussion the admitted the correspondence as a portion of ours spent in this part of weded by & recess. ‘AMOUS ORDER DELIVEKED IN DAYLIGHT. THE On reassembling William Dyer, formerly an orderly at General Pope's headquarters and a member of the First Ohio cavalry, was called by the Judge Advocate, His testimony was, with reference to the “4:30 P.M. He was one of six orderlies who accom. panied Captain Pope when he took that famous mis- sive to General Porter; he described minutely all the circumstances and events of the afternoon; he saw General Ruggles, Pope's assistant ad- jutant general,@ give the order to Cap. tain Pope, and oint in the direction they were to go with it, but he did not hear what was saic He believed they left with the order before hali-past four o'clock, and remembered that they rode about five miles at a brisk pree, which could not have taken them more than three-quarters of an hour to reash Porter's headquarters, He indicated on the both in going and returning and fixed sev: localities along the rgads with con- fidence. He remembered returning to Pope's head- quarters in the evening, but at an hour when it was sufticiently light for him to distinguish objects for a quarter of a mile, and recollected that he saw Gen- eral Pope’s tent at that distance. He coufirmed in essential particulars the evidence of the other orderly (Dutfey), who was examined in October last on this ame point, and stated that he had been be = the iS exe round last’ month to refresh his memory. amination was thorough on all the points in connece tion with the "and excited close atten. tion. There are several witnesses prosent, including one or two who aro recalled for some slight additions ov alterations in their testimony. FIELD'S MONUMENT TO ANDRE. To tHe Eprror or Tax Henatp:— It appears, from the virulent attacks made in 4 morning contemporary, that the proposal of Cyrus W. Field to erect a monument to Major Andre, the British spy, is not favorably received by the so-called American people. It is strange that a people such a9 the Americans, who are the riftraff and descendants of the seum of Europe, should object to have a mon+ ument raised to the memory of good English man who used all his efforts to help the supremacy of British power in this country. And the English been then successful, had they subjt the colonists, there would not be to-day such vil- lany and corruption in this upstart, mushroom country. That trite old saying, “Pat a beggar on horseback,” &e., is applicable to the people of country. ‘ing obtained their independence gor the gods by their national impudence and ity. Yours respectfully, A Britisher, INKY F, PARSLON, 235 East Forty-cighth st, ANNIE AND CASPAR. Two singularly , ill-mated companions in misfor tune were arraigned at Jeferson Market Police Cour® yesterday, They wore Annie Nelson and Caspar Myer. The former was a sturdy German woman of middle age; the latter was an_ old fellow of seventy: ix, and they had been arrested for shoplifting in th Bowery. Three flannel ¢ re found on the womai The complaint alleged ‘that Caspar went into tl stores and attempted to negotiate with the salesmen for a pair of inexpressibles, and that while he hag led with them Annic stowed away the goods beneath ‘apacious shawl. Investigation by Judge Flam- Drought out a somewhat peculiar state of things. s oe ad Myer, who is this woman?” asked the strate, ihe is a stranger to me," replied the aged prisoner wh the interpreter, Mr, Schwartz. You were with her? “Yes. I work in Westchester county and came down to the city to purchase a pair of working trousers and went into @ saloon to get a glass of beer, Isaw this woman and «ome others and they spoke German to me, aud after she iownd out what I wae its and an overcoat, the mi th going to do she went slong with me, That's all.” «Judge, Til tell you the whole trath,” said Annie Nelson. “I stole the clothes, That old mon knows: nothing whatever about them, [alone am guilty. £ wanted to steal, aud when {found he was goin buy goods im tailors’ stores I thought I would go along with him, as he would bea good cover for me."* Notwithstanding this effort of the woman to shield the old man Judye Flammer hold him as well as her in $1,000 bail to answer, PLAYFUL MOORE. satin John Moore, of Fifth avenue and 197th street, on New Year's night amused himself by executing gym: nastic feate on Third avenue, near Harlem Bridge, Officer Montgomery reminded Mr, Moore that he wae not in a circus, whereupon the latter, who was very playful, rolied Montgoiery in the suow and after- ward tore off his collar. Mr, Moore passed the night in the 126th street station house and yesterday stood before Judge Dee, in the Harlem Police Court. ‘The magistrate told the licemen have rights which even inebriates ‘eoun Ki to Foapects to and asked Mr. Moore to pass @ $10 greenback Oerk Dave,