The New York Herald Newspaper, March 18, 1879, Page 4

4 NEW YORK HERALD, TUESDAY, MARCH 18, 1879--TRIPLE SHEET. LOE AND. GUNBLETON. Governor Robinson Decides the Cases of the Two Officials, GUMBLETON OFFICIALLY ECAPITATED. The Register Permitted to Remain in Office. DISTINCTIONS WITH DIFFERENCES, A Precedent in One Case Gaod, in Another Bad. ALBANY, March 17, 1879, The following documents were given out by the Governor to-night, being his decisions imthe cases of Register Loew and County Clerk Gtmbleton, It will be seen that whnle the Register is permitted to retain his office Mr. Gumbleton is removed :— Srare or New Yoru, Exrcurive CHAMBER, March 17, 1879, In the matter of the charges preferred against Fred- erick W. Loew, Register of city and county of New York. On the 27th day of December last charges were laid before me accusing Frederick W. Loew, Register of the city and county of New York, with neglect of duty, misfeasance and malversation in office, and with ex- tortion. The first charge was for neglect in not keeping the books of account required by law to be kept in his office and to be open at all times during business honrs for inspection: ‘This charge was fully denied by the Register, and noproof to sustain it has been oifered. It is therefore dismissed. The second and third charges both relate to the habitual ractice of demanding and receiving by the egister, Or by some one in his behalf, of fees and charges in excess of the amounts iixe? and allowed by law. Acopy of the charges was served upon the Register on the Bist day of December, 1878, with an order to show cause before me ou the 10th day of January, 1879, why he should not be removed from office. On that day he appeared by counsel and preseuted an answer denying the statements made in the first charge, but not denying or ad- mitting the specific facts stated in the second and third charges. It, however, undertook to explain and excuse these facts at much length. This answer was held insufficient, and time was then given for a further answer. On the 3d day of Feb- Fuary the Register appeared before me with his coun- sel and submitted a further aud supplemental an- swer, which, like the first, did not deny the specific charges alleged, but differed fram it in claiming a construction of the statutes which would, as ts counsel contended, legally justify the Register in de- manding and receiving the feey which were alleged to be illegal. The following are the provisions of the Statutes relating to this subject:— FEES. Second Revised Statutes, Edmonds’ edition, 659 and 660:— Sealing every writ, exemplification or certificate, when required, twelve and a half couts, Every certificates twelve and a half cents; but not to be atlowed for certifying any paper to be a copy, for ths copy: of which he shall be patd. Recording conveyances of real estate, and all other instruments, whieh by law may be recorded, ten cents for each folio. ving and filing every paper deposited.with him for oping, three cents, Searching for evvry sueh paper, on request, three cents for each paper examined, See dmonds’ edition, 669 and 670) :— , justice, sheriff or other officer whatsoever, or ottier persons, to whom any foes or compen- Bution stall be allowed by law for any service, shall take or recoive any other or xreator tee or reward for such service but such as is, or shail be allowed py the laws of this Btate. 8 domancted or received by any officer or person for uny sor- vice unless such service was actually rendered by him. Ske. 7.—A violation of either of the two last sections shall bo deemod a misdemeanor. Revding the answer and the supplemental answer in connection with the charges and the statutes ‘above quoted, and giving the fullest effect to all the explanations made on behalt of the Register, I find the facts substantially these:—Many years ago a per- gon who had been elected to the office of Register of the city gud county of Now’York invited some of the members of the bar in the city to meet with him and consider the subject of the charges to be made in that office. A COOKED UP SCHEDULE. Such a meeting, it 16 alleged in the supplemental antwer, was held and an agreement was entered into yy which certain rates of fees were established in ex- cess of fees allowed by law. It soems to hayg been on the part of the lawyers engaged in it an agree- inent to submit to acertain amount of extortion and to fix ‘the extent to which they would submit without complaining. The public at large, of sourse, haul no port or lot in this council. Betting aside the statute altogether, a sched- ule was made up of these illegal fees, and in accordance with that schedule all persons transacting business at the Register's office were charged and required to pay. That schedule was handed down from every Register to his successor, und remained in practice the law of the office up to the time that the Bar Association of the city of New York took the matter in band and deterinined to make an effort to re-esteblish the law, It is now claimed and urged with much zeal on be- half of the present Kegister that he recetved and followed this spurious schedule in good faith, anc without any doubt of its proprictyaud legality, end with no intention of doing any wrong. It is difficuit to find language which will fittingly charac terize the origin of this illegal schedule. literally a conspiracy against the law. Taking it as stated in the answer before me it was a deliberate, intentional overthrow and defiance of the laws of the Btate. It was asort of treaty between the then Reg- ister of the city and county of New York and cei luwyers whom he choss to call together, notto explain and define what the law was, but to agroe upon and @siablisied a fee bill in open violation and detiance Of the jaw. It is conceded, und is undeniably true, that the present Registerghed nothing to ao with the origin ot this schedule of charges. It does not wprear that he ever had any knowledge of it, and it ls denied by him and his connsei that he was at ail uware when he entered upon the duties of his pifice that these rates of charges were in excess pf those allowed by law. It thus appears that the offence of the Register consists entirely in ignorance of the statutory fees prescribed for his pilice, And the question before me is whether, in view of ail the circumstances, and the conduct of that officer since discovering his mistake, he ought bo suffer the penalty of removal. The very able counsel for the Register in their arguments and appeals in lis behalf referred in appropriate terms to his high personal character, and the absence of any criminal motive or intent on his part, and it is a relief to be able to say that wside from the particular charges under considera- tion, I find nothing to condemn and much to ap- ‘ove in the character and conduct of the Register. ‘he committee of the Bar Association, by whoin the charges were preferred, conceded haved in a very commendable manner by auswering, in a frank and manly way, all inqwiries in him in regard to the business of his oflice, making no concealinents and no efforts at evasion. LOEW TO RITAUN HI8 OFFICE, He also took another and moro important step, Becoming satisfied, upon examination, that the schedule of charges which had been obtained and used by his subordinates was not lie at once directed its diseontinuance, taused a new schedule to be made in strict ac- tordance with the statutes, giving the most posi-* tive directions that there should be no departure m it and no return to the old achedule which me down to him from his predecossors. He has also voluntarily given to me, both verbally and in writing, explicit assurances that ther shall not be lenceforth any disobedience whatever of the re- ments of law in the administration of his ‘Lhe power of removal from office conferred upon the Gevernor by the constitution and laws is never to be exorcised capriciously. It is in- tended simply to place im the hands of tho Governor the means by which he can dischatgo the duty imposed upon Lim of taking care that tho laws bo faithfully executed. The propriety ot ex- eroising the power in any caxe should be considered upon 4 higher plane then thit of personal or partisan terosts, I the object for which it in given can be well attained without a removal it is far better, Tho Register placed no obstructions in the way of the committees who sought to examine into the sflairs of his office, Iie showed no intention ot Placing himself in hostility to the law, On the contrary, ho showed both by his word and his'ac- tions a desiro to maintain it, Andalthongh in B® court of law he inight be held r nsible for <o fee or compensation allowedby law shall be his neglect to coipare the schedule of charges | whyen came trom his predecessors with the pro. visions of tho statute, it is very evident from all the facts in tho case that it was a mattor of mere neglect and not on intentional wrong. I have no reason to doubt, in the lightof ali the facta, that the Register will continne to administer his office in strict accordance with the law, aud that I shall better flischarge the great duty imposed upon me by re- taining him than i could hope two do by removing him and appointing a new man in his place, So long, thereforo, as ho shail continue thas to administer his office the procecdings against Lim upon these charg*s will be suspended. I. ROBINSON, GUMBLETON REMOVED, Grate oF Naw York, Executive Cutamorn, ALMANY, March 15, 179, Yn tho matter of the charges preferred againat Henry A. Gumbleton, Clerk of the city and rounty of New York. On the twenty-cighth day of Januery last charges wore laid before me, ac¢naing Henry A. Gumbletoh, Glork of the city snd county of New York, with Boglost of duty, maltoasuneo and malyersation in oflice, and with extortion. The charges were thir- teon in number, ond were duiy verified on oath, by temas M. Moimen, Houry ¢. knox, @ DeForest ford Chars f Mctosn cad J, Adeiance bush, ‘The | of first five charges and the thirteenth relate to th neglect of the cierk to keep such books as he is bps by the statutes of the State to keep, showing the amount of all fees, Misites and emoluments actually received by him tor any .service done by himself or his assistants in his or their official eapa- city, by virtue of any law of this Ktate; and of all fees, perquisites and emoluments which he was entitled to demand and recsive from any person for any service rendered by him in his official capacity pursuant to law, and also to the neglect and refusal of the said clerk to keep such books opeu for inspection at all times uring business hours by all persons dosiring to ex- amine the same, The sixth, seventh and eighth charges relate to his neglect to transmit to the Comp- troller of the city of Now York such a transeript of the accounts of the feos, perquisites and emoluments vollected and received by him as the law requires, The ninth, teuth, elovonth and twelfth eharges relate to the demanding and receiving of fees in excess of those allowed by law. A copy of the charges was served upon the clork on the 2th day of January, 1879, with an order to show cause before me on the 10th of February why he should not be re- moved from office, on whieh day he appeared tu Person and by conusel and presented his answer to | the charges, Tho questions involved in the charges and answer wore fullysand elaborately discussed on that and the succeeding day. The following are tho statutes alleged in the charges to bave been violated * by the clerk,— STATUTES VIOLATED, Goctions 9 and 10, chupters 433, laws of 1847) -— Ske. 9, It shall bo the duty of sid surrogate, clerks and rogistor, respectively, to keup an exaet account i hooks, to bo provided for that purpose at the ¢ the Pte city of Now York, of ail fo and emoluments actually recetved ‘by such offi ively, for any service done by them or thelr axsistants in his OF their official capacity by virtue of any lnw of this Stute, und of all feos, perquisites aud emaliinouts which such surrogate, clerk aud registor shall, be ontitled to do- mand and reecive from any porson fof any service ren derod by.them or either of them in thelr official capactty Stteh books shall show when and for shall fo genble therefor, and shall xt all mos during olfice hours be open to the inypection, with- t any feo or charge therefor, of all persons de- ng to examine the samo; and they shall be deemed a ant of the records of the office in which they shall bo Kopt, and shall, be preserved thorein as other books of records are. : ‘sxe, 10, A transcript of such accounts to be made m such form ne shall be prescribed by the Comptroller of tho city and county of New York, shall be transinitted by such officers tor each calendat month, and within ten days from the expiration thereof, to the Comptroller of said city and which shall be vorified by thooaths of such officors respectively, or by. their assistants, ‘respectively, which transeript shell contain a statement of all moneys re- ceived by snch ollicers for fous, perquisites and einolu- for services done by’ them or thoir assist. t to law. "pospectively, in their official capacity by of any law. of thia State since making the Inst preceding transcript and return, specifying the total amount received from each person and tho namo of each person: and also a statement of the feos, nisites und emoluments which such officers or their ‘assistants shall be entitled to demand from any person for vervices rendered in his or their official capacity, by virtue of any law of this State since maxing the last precedin, return, whielt shall have been made by such officers, ble to such person, the specifying the amonnts char; names of suc persons and the charactor of the servico rendered, And the vorificution of every uccount xo trans. mitted to meh Compt roller shall be positive, and not upon information or belief. 5 Second R. 8. (Edinonds’ edition) 658 ,and 600, Sealing every writ, excmplifieation or certificate, whén requirod, twolve and x half conte. very cortificate twelve and half cents, but not to be allowed for vertit; ne any paper to be a copy, for the eopy- ing of which bo paid, ording ib orunce! of real estate and all other in- stramonte whieh by Inw may be recorded. ton conts for euch folio, : Second R. 8. (Edmonds edition) 609 and 070, . Exe, 5, No judge, justice, sheriff or othor officor whateo- r persone to whom any fees or compensation wed by law for any service, shall tako or re- other or xroater fee or roward for such service, ‘ag is or shall be allowed by the laws of this State. Suc 1, No feo oF compensation allowed by. Jaw shall be demanded or rocelved by azy officer or person, for any service, unteas such service was actually rendered by him. Bre, 7. A violation of elther of the two last sections shall be deomed @ mixdomeanor. : REFUSAL TO SHOW THB BOOKS. It is very clear that the object of these statutes ‘was to prevent any abuse of the powers conferred upon the Clerk; to prevent any exactions by him of fees not authorized yaw to provide stringent measures to sécure the payment into the city treasury of all tho income of the office; to enable the public to know specifically what the in- come of the office and the compensation of the Clerk were; and to require the utmost publicity as the best means of reaching these ends. The require- ment that he should specify the amounts he was en- titled to receive and the names of the persons pay- ing for a given service was evidently designed to guard against any collusion between the Clerk and outside parties to evade the law. The inquiry now is, Has the Clerk tuily and fairly oboyed. theso statutes or hus he either violated or evaded them? First—Hag he kept the books of account. required by section 9, chapter 452 of the Laws of 1847, showing an exact account ot all fees, per uisites and emolu- ments actually received by him for any service cone by him or his assistants in his or their official ca- pacity, and which he shall be entitled to recetve from for any service rendered by him or his jhowing when and for whom stich service shall ee ite nature and the fees charge- able therefor? ; The books kept by the Clerk and purporting to contain the accounts ogy by the statute above cited wero nat shown the persons making the charges, before those charges were presented. pon the hearing of the charges “spacimons of the books” uced, as stated in his hav kept by the Clerk were pr ans’ but they fall very short of the require- ments of the law. Instead of giving the nature of the service in any action, they simply give the title of the causo with no reference whatever to the nature of the service, They giveno account whatevér of tne fees and emoluments received by the Clerk, and which he re- tains for his own compensation. They do not give the amonnt received and the amount cha le. For numerous services and payments of the eanie they show no account, whatever, They do not show any receipts for searches, Tho act of 1853 rovided that the Clerk, should receive all fees ior searches for his own compensation in addition to the salary to which he was: entitled by law, but ,thero is nothing in that statute, nor in any other which I have been able to find, reliev- ing him from the duty of keeping the account as required by .the act of 1847. It was conceded on the argument that by far the largest amount of the emoluments of his office came from the | searches, His counsel stated it to be at least ninetcen-twentieths of all the receipts, yet no account whatever is made of them in his books of account. Consequently, notwithstanding the great core which the law has taken to allow the public to know what are the emoluments of ths office, it is impossible to ascertain that fact. The statute upon this subject quoted above, clear and plain as it is, has been and is habitually disregarded. itis not possible for the citizens of New York to ascertain from these pretended accounts what amount is received by the clerk which belongs and should be paid to the public treasury, nor to ascer- tain even approximately the amount of compensa- tion which the clerk receives for his services, The law is thus disobeyed and its whole object defeated. YEARS OF ABUSE 'IN OFFICE. } elerk does not ch: travesty of the requirements and afford no iat to any hee ihe maribeation ia not only in dircet violat of the law, 60 evasive as to make it impossible to convict the poe making it of perjury, however false it may 1e. UNJUSTIFIABLE OVERCHARGES. Fourth—Does the Clerk Habiaally chores and re- ceive greater fees than are allowed dagen for filing, iahasing and recording notices of pendency of ay from the defo: that it appears from papers re me such uotices usually contain from three to five folios, ‘The law authorized “the Clerk to charge ten ts per folio for recording them, uniform charge for notices of the number of folios above mentioned is $1 in each case, instead of thirty, forty or fifty conte, which is the legal rate, The Clerk, for the Lperpene of jugtifyyng his charge for recording notices of the niches of actions, claims the right to charge nineteen cents for filing and indexing such notices and twenty-five cents for a certificate. As to the certificate, it is “never required and never given, and there is no law authorizing the charg¢ for filing end indexing. For »urpose of answering in part the charge in Psd to illegal fees tor ing, _ indexing and recording notices of the pendency of actions, the clerk refers to the oid chancery prac- tice, rules of the Court of Chancery and the feo bill of that conrt as originally established in tho Re- vised Statutes, It is a conclusive answer to any such claim that the rules of the Court of Chancery were made by the Chancollor himself; that whon his court was abolished by the constitution of 1816 its powers nd duties were trans- ferred to the Supreme Court, which mede its own rules in liew ot those established the Chan- cellor, and thereapon,the chancery rules me ab- solutely inoperative, “the fee bill applicable to causes peuding in the Court of Chancery necessarily fol- lowed the fate of that court, aud was, abolished with it. The charges which may lawfully be mado by any clerk in any civil action are Axed by section 312 of the Code as follows :— Sxc. 312.—The clerk shall reeetre— On overy trial, from tho party ‘on entering a judgment b; On entering judgment the clerks aro salaried of one dollar; rips, conta, {ty conte; exeept in courts where cers, and in such courts, ono dol- shall receive no other fee for any sorvices wh: in a civil action, except for copies of papers, at the vo conts for every hundred words. fe OLD PEE DUAL REPRALED, ‘The fee Bill as provided for ia the Revised Statutes, is repealed in all its provisions relating to the clerk's fee. People ex rel. Williams vs. Supervisors of Mon- roe county, 15 How., 225. The chargo of ten cents per follo for recording notices, is fixed by the atatute of 1804, requiring the. record, and no other fee horized. The statnto glvos ton conts per folio in addition to any feos now allowed by-law, for Blin; indexing and certifying the same. But there was.no suc! “foo allowed by law” pears from the section of the Code above qnoted, and even if the chargo for ftiling and indexing were allowed na claimed, the feos charged by tho clerk would, in most cases, be nearly double the amount al- lowed by law, As this matter ig submitted upon the charges and the answer, I do not consider the charge that the clerk receives’ @ commission on all moneys deposited in court, and that he makes illegal charges for administering the oath and giv- ing a certiticute to notaries public, for the reason that I find it difficult to determine whether the answer amounts to an admission of the facts alleged or not. The fees which a clerk may chirge in any action are those specifically named, and he is forbidtlen to receive any other fees whatever in such action. is is plain, simple and direct, No one can misunderstand it. Much has been said about the ‘uncertainty and confusion in the law in regard to clerks’ fees. I find no such uncertainty. The whole difficuity comes from the vain and _ useless effort to find some law to excuse illegal charges. ‘There is no such law, and if clerks confine them- selves to the fees fixed and allowed by the statute they will get into no confusion, The only exception to this remark relates to the fees for searches, in regard to which there has beon and is some division of opinion. * The case of Curtis ys, McNair, in 68th New York, was referred to us ex- bata 3 the opinion of the Court of Appeals that the ww was very obscuro and unsatisfactory in regard to the charges which clerks had a right to make. But that case related simply and entirely to this one uestion in regard to searches, and upon that ques- tion the Conrt were divided, the decision being pro- nounced by amajority, Justices Allen and Kapallo dissenting. The case nas not the remotest bearing upon any point involved in this inquiry, FOLLOWING PRECEDENT Xd EXCUSE, Much stress was laid upon the allegation that tho o more, and in some cases not 26 much, as his py sors and other officers haye charged, Whether this be true or not, is not mate- rial iu the disposition of this casc. The question is not what others have done, but what has the clerk done, and does the law (pape eel Nothing can atevar, rato of ‘be worse than to excuse » on tho mutl that they liavo becn long practised. juch practices never correct themselves. ey grow ‘worse us,they progress, Relieved from the restraints of law, each new comer is tempted to improve upon the illegal exactions of his predecessor. He transters his allegiance from the law to his pocket and drifts further and further from the restraints of. his ofii- visions wilfully and » how can obedienco to it be expected from citizens who ure not in office? It is not claimed that ip ai any more than any im accordance with its steadily disobey it tor selfs! citizen, should be to sutier for any trifling, casual or unintentional infraction of law. But whero # public officer stands out as @ bold and habitual violator of tho statutes of the State, and defiantly justifies his guilt by that 6f his predecessors, & toleration of his course will naturally and surel; lead to a disregard of all law in the community a to a stato of anarchy. . @UMBLETON DEPRIVED OF HIS OFFICE. The function of the Executive in desling with such 8 cane as this is not t of acriminal court, Heis not bound to remove except iu his disérotion, which is to be oxercived with an eye to the higher charge of the constitution that be shall ‘‘take care that the inws are faithfully executed.” And even with all the record of past noglect of duty and violations of law on the part of the clerk, it would yot perhaps be possible to exape the unpleasant duty of his removal, if in his entire course since this investigation was com- menced he had not resolutely persisted in hia in- fractions of law, and given every indication that @ proper discharye of oificial duty and observance of ww at-his hunds was not to be expected in tho iuture. He has even attempted to justify the course which he has hitherto followed and openly declares hie right and intention to continue it in the tuture. Inasmuch as it seems to me that in that course he has broken over slmost every requirement of the law ho was sworn to obey, it leaves but one possible course open to me, If the Governor, who is specially charged and bound by his oath to take caro that the laws aro faithfully executed, should by a dismissal of these Gog ve an implied sanction to a con- tinuance those unlawful practices he would himself become a partner in them, and the ho; of muntaining & government of law would dis- appear. There is no view which can be taken of this Second—Have the books, such as they were, been “gt all times during office hours kept open for tho inspection, without any fee or charge therefor, of all persons desiring to examine the same?” The answer to this question is found in the unde- niable fact that the citizens of New York who present these charges, made repeated eiforts to see the books during business hours in the clerk's office, but were not permitted to see thom until “specimens” of them, as stated im the answer, were produced he asa the hearing of this case. The excises made. by the clerk in his snswer for his refusal to exhibit them are wholly insuffl- cient and consist slmost entirely of aspersions of the motives of the gentlemen who asked to soo the books, charging upon them @ political in- trigne against himself. I know of nothing im tho case to Warrant any such imputation except such unsnpported assertions v8 have been made by of on behalt of the clerk hirasclf. It is due to the commit tee to say that, so far as I have any knowledge and so far as the procecdings before me are concerned, these. strictures wholly without foundation. Thecom- mittes had a most ungracious task to Lov pee They had to grapple with abuses which grown up lemon presenting ingle suggestion as to who or what manner of man should take tho place of ‘the ntincumbent if he should be re- moved, But if the allegations of the clerk in this respect were all true, they would syail nothing against the plain language of the law. It would ive him no right to sit in judgment ttpon their motives in seeking to examine thase books, Tho clork does not own the books nor the oilice which he holds, The office and its contents belong to the people of the whole county without distinction of party. Every citizen of the county haa the right under the law to examine those books, The clerk is Dut the agent and servant of the people, chosen to administer the duties of an office established, not to benefit its oecupant, but to accommodate the whole public. If any one believes or suspects thet the clerk 1s in any respect betraying lis trust as auch agent, that he is exacting fees to which the law gives him no right, that he i neglecting to account for them as the law provides, any such person hes a right at any time auring basiness’ hours to examine those books, The retuasl toailow him to do #0 lest ho should use the information which he may acquite against the Clerk is no reason why they should be him, Ifthe books are correct and the con- ot of the Clork jis been right the more they aro ined the better for him, His refusal to oxhipit therefore not only a violation of the law, also # suspicious citcumstance in itself, VIOLATING THE LAWS, Third—Does the Clerk transinit to the Comptroller monthly # transcript of the accounts required to bo kept by him and vorified as required by section 10, chuptor 4#20f the Baws of 1847 above quoted? The facts presented both by the cBerges and the anewer show that thia requirement is habitu- ally disregarded, ‘The accounts and theit vorifi- cations which sre feturned to the Comptroller aro at the best awkword and clumsy evasions of the Jaw. Tho Clerk himself in bis anawer dir claims all responsibility for tho faulty phraseology in which they are oxpreangl. He claims that both are due to the person who held the office of Comp- troller in 1868, and that the same form and verification have beon ratified both by the present Comptroller and his iminediate predecessor. The responsibility cannot thus be shifted from the Clerk to the Comp- troller, who {i# oniy authorized to direct the “form of the accounts, “With | the yerifes- tion the Comptroller has nothing do, Its substance is fixed by the law to which the Clerk is bound to conform, Benides no such affirmative ratification by the two Comptrollers last named is shown, and jé is incredible that thene should have been any. I assume that thelt atton- tion was never called to the form and fon these accounts Which sre at the best & mere case which leayos me any alternative but the re- moval of the clerk from the office which he holds. Since writing the foregoing I havo received a letter from the counsel of the clerk requesting delay of my decision until they can carry to the Court of Appeals the pointe made by them against tho granting of t! mandamas the Supreme Court compelling the clerk to produce his books, As the proceedings before mo are entirely independent of the mandemns and free from the legal rules applicable to the issuing of that process, and asthe mandamus affects oniy one of the many points raised before me, Ide not seo that any de- cision of the court could ebi the result. I cannot find any justification for. the asked for, , L. ROBINSON. CAREER OF AN OLD BOOK DEALER. The body of “Dr.” John M. C. Armbruster will to-day bo buried in the Hoboken Cemetery, and re- iain subject to the order of his relatives in Austria. ‘Mr. Armbruster at the time of his death was in his sixty-first year, and the last fifteen or twenty years of his life wera checkered ones indeed. He was born and reared in Vienna, where hig father wes o well known dealcr in rare and ancient books, snd from his boyhood the “Dector” was in the habit of studying the catalogues of libraties and booksellers until he becane @ more or less famous authority on the subject of publica. tions, partionlarly ancient ones. Upon the death of his father his brothor took charge of tho business at Vienna, and the “Doctor” was offered aud nccopted @ position as librarian in the library of the Loupsic University. He remained there for some time, per- fecting hix knowledge of tho titles of books and then moved to London, where he engaged in the business of buying and ‘selling anciout works, keeping up Aconnection with tho Vienna house. ’ It is sup- posed that he came to this conntry about ten yents ago, althoygh his life has been #0 involved in pov- erty and inystory that it is vory «iMouit to ascertain the date more deGnitely. In this country he carried on, ina very small way; the business of buying and selling rare and old books, He reermed to main- tain soine sort of conection with his Vienna relatives, and occasionally reeeivéd from thent invoices of books, which hoe sold. It is aid that these books wore given hin to dispose of for his own needs, Lie became very woll known among dealors in raro Yooks in this country and his correapondenco wns extensive, l'rom letters found among his offects it would appear that his mother still lives in Vienna, bet! ninety-five years old. * The last yoars of his life have been «pent in oxtreme poverty. He was never married, and lived ontircly alone, subsisting at tines on the kindness of friends. For years he has becu in ill health and died sud- night in a room in the Sinclair t the New York house of the sane LAME, ae Was erronconsly toported, A post- mortem ¢xemination was held yesterday by tho County Physician, who states that death resulted from consumption. Coroner Wiggins, of Hoboken, does not consider an inquest necessary under the circumstances. Hoboken friends of the deceased ato making collections to defray the tuneral expenses. OPPOSED TO ANNEXATION, A Well, atconded informal mooting of prominent citizens of the towns of Kings county was held in the County Treastrer’s office yesterday and the follow- in feat Enta 7 ‘ha naka te ny annexation of eo county 10 Brooklyn :--James Conover, Tunis @, Bergen, W) Groveey sind 0. 0. Bennetts TH STATE CAPITAL An “Old Soldier” Thrust Forward in the Assembly. CONTEST OVER: MARKET, STALLS, Loss Occasioned by the State Loan Commissioners. Propositions to Form an Auxilliary Commis- sion of Charities and Corrections, (BY TELEGRAPH TO THE HERALD.) : ALBANY, March 17, 4379. ‘The Senate and Assombly came togother promptly at eight o'clock to-mght. The session of the iatter body was somewhut enlivened by a spicy breeze of discussion arising over a motion of Mr. “Husted’s to” recommit the bill reported from the Com- mittee on Cities, whieh probibits residents of New Jorsoy from leasing stands in the public markets of New York city. Tho “gentleman from Rockland” was bitter in his donunciation of the merits of the measure, remarking that it had -no chance whatover of becoming @ law. It was an old soldier, Mr. Hayos did not think “ that Mr, Husted had read over the measure itself so as ‘to understand its provisions, It had been before the committees for several woeks, but not a single peraon had appeared in opposition, Mr. Williams denounced the effort of Mr. Husted in what appeared to be an attempt to domineer over the House in forcing recommittal of ‘8 dill regularly reported in the usual way. | Spesker Alvord rapped his gavel vigorously at this moment, remarking that the gentleman was very much out of order in the tenor of his remarks. Mr. Husted again took the floor and ingisted upon the calling of the yeas and nays on his motion to reeommit. Mr, Haye insisted that the gentleman did not know any- thing about the bill, Mr. Husted wished to know if the last speaker meant to state that ho (Husted) had not been at a moeting of the Committeo on Cities for six wocks. Matters began to look sqnally at this point, ‘when the Speaker put an end to the discussion: Tno roll was called, when the ‘‘Beld Engle’s” motion to recommit was lost by a decisive vote of 58 negatives to 20 affirmatives, Speaker Alvord, in explaining his vote, denounced the bill as “unconstitutional and outrageous.” This committee, it is understood, although reporting the bill favorably, did go for the purpose of testing the apenas ofthe whole House ‘upon its peculiar provisions. TION ABKED. AN INSURANCE INVRSTIOA . Mr. Douglass offered a resolution that the Com- mittee on Insurance investigate the miscon- duct of a trustee of the Widows’ and Orphans’ Bene- fit Life Association. Tabled. BEER LICENSES. : Mr, Sang’s bill relative to the sale of ale and lager beer requires the Exeise.Commissioncrs to grant licenses to all persons applying for the same, of good moral character, to sell ale and lager peer to he drunk ‘on the premises, charging therofor from $10 to $20, snd on their executing a bond in the sum of $250 to keep an orderly honse, Cag NOTES, i Mr. Stoan’s bill relative to the redemption and re- tiring of circulating notes issued by bankers, pro- vides that such notes shall be redeemed at the ies of the banks in Albany within six months after notice by the Superintendent of Banking, which notice shall be given within thirty days after of the act. In oo See re@em such notes the in- shall furnish the necessary ands from the eccurities in his hands to redeem the same, and tho superintendent shall = and destroy tho notes. HANDLING UNITED STATES MONEYS. authorialn, A Lpparntnig bebe act ig the loan of moneys longing the United States, ited. with the State for keeping. was consi The bill requires counties to give security or turn the mtg beta? to the State ah ge tae Mr. Brooks said that this fuod amount to $4,000,000, and ge oe per cent of it was controlled by the: an Commissioners., Now. said he, the Stato is subjected to a loss, ftom time to time, absconding with a portion monoy, or by becoming actaulvera, Hence this bill was ab. solutely necessary. Mr. Noyes said that he had Joa from the Comptroller that at least $700,000 of this $4,000,009 had been frittered away in the manner referred to. He alvo sustained tho bill. ‘Mr. Alvord said the people of the State had -beon taxed over $1,007,000 to make good theso defalcations within forty-two years. ASSERSMENTS FOR GRADING STREETS, Mr. Simonson introduced a bill which provides that in case‘any strect or avenue ot public ploce in the city of New York shall have once been regulated and and the expénse therefor assessed upon. the owners of property benefited, the cost of the ro- grading thereor and regulating accordingly shall bo rne by a general assessment upon allt taxable Serf ong ‘dg said etty, and all aesessments for requ- ting Bnd regrading streets, avennes and public places ia said eity heretofore contirmed and now re- maining unpaid shall cease to be @ lien on the prop- erty asxossed for the same. BAILROAD CONNTRUCTION. Mr, Pearse’s bill to umend chaptor 508 of tho laws , of 1875 in relation to railroad corporations provides ly existing railrond fa yd heretofore or- or incorporated under tho laws of this State, except such as may have been organized {or the pur- pose of constructing or operating a railroad in the city of New York, which may be unatile from any cause to construct its railroad within the time ified- by its charter or articies of association, shall bay have the time for the completion of fi railrond = it was authorized to construct extended for a further term of two ycars beyond the time heretofore limited, and failure to constrnct {ts railroad within the time here- tofore limited shall not cause a forfeiture of ite cor- eee powers, but nothing herein contained shall we the effect to revive any Ff oagee whose cor- porate powcr has been forfeited any cause, AN AUXILIARY COMMIAMION OF CHANITIEE. Mr, Hayes’ bill to authorize the appointment of sutiliary commissioners Of charities and correction in the city of New Yor provittos that the Mayor may appoint five persons, residents of the said city, auxiliary commissioners of charities and cor- foction, and as many of said persons as tho Mayor may determine shall be women. Their term of office shall be one, two, three, four and five years. The said commissioners are authorized | “Damn you, go awa; at any time, and from time to time to visit, exomine and inspect any charitable, correctional, reforma- tory or other institution which is under the control of tho Departmont of Charities and Correction of the city of New York, amd to examine in- et thie business and affaires of the said ttment, and the character and lenny of its subordinates and omployés, to report to the Mayor theroon as may deem proper and | menda- tions to the Mayor and the Department of Charities and Correction as they think advisable, ‘he said Board shal) not be entitled to receive auy componsa- tion for their services. Mr. Baker moved to amepd 80 that no Cie shall be held responsible for any losees sustained by the dofalcation of a commis- sioncr. After considerable discussion the amend- ment was rejected, The bill was iinally ordered to a third reading. RNVOUCE THR CAXTLR DINRASRR ACT. The Goveenor nus directed General Patrick to en- force the orders issued on February 12, 1879, with Poletunce to disenves in cattle supposed to be infee- tious in the counties of Orange, Sullivan, Delaware, Putnam and Duchess, BUSINESS IN TILE SENATE. Mr. Robertson introduced 4 bill providing that it shall not by lawful for Jeuwpe or agent of: any place iow the same to be used for any exbil AporO OF why ex+ hibition of suxpension mm midair, erier by the head or both, or for the exhibition of «kill in throwing a kuife or im the use of firearms to bhow skill, thereby ctidangoring life and limb, n- der a ponalty of $f0 foreach offence. Algo, a bill relative, to the sale of Meal estate wherein widows ave a Fight of dower. Senator Seesions was appointed to fill the vacanoy on the Canal Committes and Senator Rockwell on the Itailroad Committee, Both vacancies were oc- casionet by the resignation of Congressman Pietee. Mr. Rockwell, om the Senate Comrit- teo on Insurance, | reported forurnbly the Hepburn Asvoinbly ' bit retattve to life and health insurance companies. The bill as amended in committees, provides that compantes whose capital has been impnired fifty per cont may reduce its capital stock to fot less than $100,000, ‘ ‘The following bills were ordered to a thitd read- xing the amount to be paid on & policy of insur anes. * ‘To reguiate tho character of the investments of ‘banks of deposit. [DY TELEGRAPH To THR HERALD.) . Nasnvinnn, March 17,1879, It has been genorally intimated by the low credit men that they will probably agree upon the settle- mont of the State debt at fiity cents and four er cont interest, Tithous distinction as to tho bonds, ‘The debate in tho Senate will close to-mor- row, when Pare that it will come to a diroct te all proposition: and tht bi ge trom the contusion end a taeeugh which it paseing. 7 | Mesers. Smith, Ni: CAPTAIN WILLIAMS ACCUSED. THE ASSAULT UPON MR, BLAKE AT GILMORE’S GARDEN TO BE INVESTIGATRD—PRESIDENT SMITH'S CHARGE AND THE VICTIM'S AFzI- Davrr, y “The cbarges against Captain Wi of the ‘Twenty-ninth precinct, for the clubbing of an inof- fensive citizen, took yesterday an official form. Tho Presittent of the Police Board handed to Chief Clerk Hawley @ document of which the following is a copy :— Centers Mi 7, bas yt Bean Fontan oF tin Ponte po nth diTeteet tra ioe Tamang of the w Fiwemiy-nimth precinot: with conduct tnbecomin an ofMicer, the 1ith inst, at uboat clovep o'slock Carden in sald cisy ei Rew York the n ake and beat, Kicked and other. id not arrest bim. ‘M. P. SMITH, Comininatone Livingston, 17 Washin A Club, Bwenty-olghth ‘strock the matter beforo the Commissioners for investiga- Mon, and they wonld be compalled to take testimony in relation thereto. President Smith, however, was strengthened in the course he had taken by Mr. Blake, the gontloman whom Captain Williams as- saulted, ontering Police Headquarters yestorday aftor- noon and informing Superintendent Walling that he desired to make a complaint against the Captain, Tho Superintendent conducted him to Deputy Clerk Hallenbeck, before whom the following affidavit was sworn :— ‘MR. BLAKE'S AYYIDAVIT. William ©. Blake, residing at No. 172 Monmouth ‘street, Trenton, N. J., said:—I am spotter. On the 1th of March inst., on or about fifteen minntes past nine o’clock P. M., I was at Gilmore's Garden, sitting on @ seat on tho upper sido of the Garden, | ‘wituousing the foot race, when I saw ® man, whom I afterwards learned ie ander 8, Williams, of the Twoutyn vs peeciant strike a man twice with el at the Captain’s his of 8 began to hiss conduct, Lg Lope thom. He singled me out party and came to where I was sit- a _giying mos violent in the heart with his club, out of » you God damned theif: up and he at once struck me a violent blow shoulder with his club; he then ling me in r'3 the . edge the bg Hery,. a ‘do’ in the fey own a a See anes re will go-out,” en showel moa, as I stooped et under th Restha elena th cee Bee: Ps ks fe po rae weer papare snawed. me wit, geeak violanee to. the place of exit, the he Fp he. 8 violent blow pe the shoulder to waw Captain Williams to my knowledge, and at the time stated gave him no cause whatever for clubbing and forvibly ejecting me from the Garden. — made no attempt to ar me. WILLIAM VINCENT BLAKE. Sworn to bofore me this 17th day of March, 1879.— W. D. Hatiensrcr, Notary sth, Attor Mr. Blake signed the aflidayit he 1 re 6 signi ry vit he returned to Rape insendont Walling’s room, whore a reporter of Hxmatp had a conversation with him, and in reply to inquiries he said:—“I am en Englikhman. T was in Chesterfield, Derbys! Loame to bout seven years ago and am a potter I am employed in large pottery ton, and havo always main- tained @. reputation for. good behavior and moral conduct. When Captain Williams’called me a wneak thief I felt thata great deat more than any of the blows he gaye me; the blows, t h, wore not to be despised, for my body is bruised in four places and I bear the marks of the ee ‘ character, I have a letter from dev - ident of ‘thet Etriria Bptlery ny, tbat who says:—“Mr. Bloke ‘is well known here prominent member of tomperanco and religious soci- this count by trade. works at etios.”” Mr. Isnac Broome, one of, the Commi of the State of Rew soney to the ey ayo lon, also testifies to my.general'' good charactér smd my liness a8 a wor! » Kom determined to~ have ‘my character pintiaptods and my friends will me in the effort, I ai it says that I apologized to him. It ie false. 1 had hoth ing to ce Soa for. The only conversation I haye had w: tain Williams was when I was put into the street outside the Garden, I re- turned to the ontrance and said to “I sm into again Captain,” and he ” I did not wish to hat conflict with him, and I had sense enongh left to go home. That is all that has ocourred fotween Cap- tain Williams and me since the assault. The reason 1 have delayed in this matter ts that I did not foel well enough to begin it and carry it out to the ond. Iam now comparatively stro jain and shall re- main with friends im the cit: the Police Gom- missioners release me fegm further attendance. WHAT THE COMMISSIONERS WILL Do, To a reporter of the HenaLp Genoral Smith siid bog Ma gba pans ovnieiate affidavit wit be be- fore the Board of Commi ers. Sqae s time ‘would be lost in ater tho mattér to Vesne lusion, there would be more witnbases, he thought, than was at first aupposad, ad tho investigation into the conduct of Captain Willams in’ tha, Diske matter ‘would be very thorough. rags WHAT A POLICE JUSTICE SAYS, Trextox, N. J., March 14, 1879, To THE Eprron or rar Hxenanp: I saw your editorial on the bad usage administered to a respectable young man of this city at Gilmore's Garden. I havo sepa the effects of the clubbing he regeived at the hands of Captain Williams. He is a complete mads of black flesh from the head down, back and front. This was done without any caure, as there is plenty of evidence in Now York to prove. Gentlemen who witnessed it won't forget Captain Williams’ conduct readily. Brom what I learn of the young man, whom I have known from boyhood and who not a stain on his chitacter, Iam con- vinced he was not to blame, but that to appease his brutal passion Captain Williams had to somo one. is time the anthorities of the city of New York eolaee such brutes of the clothes which rep- resent just and and replace them by men who will the law, EORGE KNOWLES, Justice of Peace, MAYOR COOPER'S CHARGES. Mayor Cooper said yesterday that two weeks since Commiesioner Wheeler asked leave to go South for the benofit‘of hits health, The Mayor acceded to the request, Mr. Wheeler informing him that any letters might bo sent to Polico Hoasaquartors. Mr. Cooper further ssid thet he had nut served Mr. Wheeler with ao o of the charges made against and Mrhardt, and declined to say anything 28 to whether ho would do so upon the return of the absent Commissioner. A COTTON MILL, BURNED. Wesrporr, Gonn., March 17, 1879, The cotton millon the right bank of the Sauga- tuck River, about hulf » mile north of Wostport vil- lage bridge, owned by Mr. Thomas R. Loos, took fire at an early hour this morning, ahd, with its'val .Nable machinery for cotton manufacture and goods stored therein ready for market, was totelly de- stroyed. Between forty nnd fifty persons are thrown ont of emplo: it. The lost aysrregates $10,000, upon whic! . Lees holds policies ot ineurnnce in the following companies :—Connecticut, of Hartford, 2,500; Home, of Columbus, Obio, $1,500; Orient, of Hertford, $3,800; Continental, of New York, 81,500; Commercial Union, of London, $3,000; North British avd Mercantile, of London and Edinburgh, $1,500; Phenix, of Hartford, $2,500, Total, $15,%00, The mill, which was built of native ‘stone in tho 1818, originally cost #20,000, It wax managed n incorporated company, ihe Kichmendville lfanufecturing Company, Its early years witnessed | more failures than euecosses, and not till Mr. Leca’ advont thirty-one » did business with told that Captain Williams -| sto. Noble's ot hot kdown wi eet “4rath Aud como axainst him. Jamestown ft vend that all had here, years ago, it begin to actually thrive. Cotton cord of all kinds, ‘warp, Wick and twine, wero manufectured, twenty- two earding machines being employed and%90 tons of mw cotton annually consumed, It was the only establishment of the kind in this part of the State, MRS, GUNSER-DIFRKING'S SUIT. Nowtown was in # fover of oxcitement yesterday morning from the influx of visitors from thé sut- rounding villages eager to hear the expected do- velopments in the case of the widow of the mur- dered Joun Gunser, of Fast Williamsburg, against hor husband, Henry Dierking. Tho little court room in the hee Hall was unable to contain the throng and the Btrest was densely packed, Previdus to the opening of the court indge Marshall was informed that a suit wow pending in the Supreme Court for a divorce between the partics, aud he examined the papers in the case, When he took the bench, therefore, ho oailed the case, wnd at ones asked for a statement from counsel. M. Ly Towns, for the fondant, and Iangc Kugelman, for the plaintiff, said that issue had been joined and that the case was then pending. The Judge replied:—Undor these cir. oumstancts I have no jurisdiction in the matter, and therefore dismiss tho complaint.” The disappointed crowd, hed anticipated a fensation, were thea compelled to satisty their curiosity by watching tho parties to the action. Mra. Guneer or ‘king, from the moment she entered the court room, seemed anxious to attract the atten- tion of het guardian. Hex Vordy ond Ro was ap Soler, mined not to meet hor Geen of the caso they withdrew without ® word or @ulance, WAS HE .MURDERED?, —_—_—_—_ THE LIFELESS BODY OF A MAN FOUND IN CEDAR CREEK, LONG ISLAND-—SUPPOSED TO BE JOHN CLARK, OF ROCKVILLE .CENTRE,, AN IM~ PORTANT WITNESS IN A SUIT NOW PENDING, [BY TELEGRAPH To DAE HERALD.| * Frurronr, L, ZL, March 17, 1879, A Long Island Railroad trackman ncmed Daniol Carpenter found tho dead body of a man in Cedar Oreok, helf@ mile east of Merrick, at haif-past tix o’elock this morning. A bridge stretches across the highway, and on the east side the body was found, The right shoulder showed above the water’ and attracted Carpenter’sattention, Thecreck is usedfor the propagation of trout, thé bay backing up into it at very high tide, When the corpse wus dragged ashore it was found to be that of a very large man, apparently English, who; from the texture and cut of his garments, had not been loug in the country. The body was clothed in a brown overcoat, black cloth coat, waistcoat and trousers, gaiters, English knit stockings, white shirt, kid gloves and felt hat, The mau could not have fallen everboerd, as there are guard rails on either side of the bridge, standing fully six feet in height; he noed’not have been drowned un- less by his own design or that‘of ancnemy. Tho body had been in the; water but a short time, Cor- oner McCurty arrived at‘noon and had the remains “removed to Thomas Seaman’s stable, but did not- empanel a jury. In the clothing were found two cents. There was. nothing by which the body could be {dentilied. Aa the news spread, however, the neighborhood gathered, and Henry D, Mott and aman employed by Charles Smith were positive that the remains were those of Johu Clark, supposed to, be some- where in England, They were fora long time his neighbors at Rockville Centre, where he pricticed as a veterinary surgeon upto about February, 3873. A telegram trom Coroner McCarty to District Attoi ney Downing says that the remains are Olark’s, His wife, has not been found. THE O'BRIEN CASE REVIVED, In by the inquest to-morrow the remains 96g nr, to be those of Clark, the famous John Dy . O'Brien case will be recalled most vividly to tho minds of the Hrratp ‘readers, He has figured in the criminal courts of Queens county for moro than two years, having beon frequently in jail on two charges of subornation. of jury, and bis “et has been prevented by the absence from the county of John Clark. The facts are these: O'Brien worked for Erasmus Sherwood, of Glen Cove, a8 a@ baker, and at his demise married his widow and located in business at Rockville Centre. In March, 1877, a building bie to tho estate of Sherwood was burned, and, there being no that it was a case of arson, O’Brien offered $200 for the conviction of the in- cendiary, und, in the following September, caused the arrest of a jer. nal James Bright- man for arson. On tho examination, before Judge Losee at Baldwins, John Clerk, Henry Raynor and a person named Rhodes testified that they saw Bright- man leave the building Spronel a window just be- fore the fire, stand near by until the alarm was given und thon work vigorously to subdue the flames. Brightman had been éjected from the building, and this wan supposed to be the motive, Brightman’s wife, who was living apart from him, testified tat he had several times threatened to burn the building. The case ex parte looked bad for Brightmen. The District Attorney prosocuted it. Raynor was shown to have been pretty drunk on the night of tho fire, and no reliance could be placed on the evidence of Rhodes, hia mind being disordered. Clark was, therefore, tho man upon whom the bu: of propf rested, aud he maintained his part well. fore the termination of the case, which extended over several weeks and excited the country for twonty miles, Raynor states that he had been paid a barrel of flour, and promised two tons of coal and a suit of clothes for testifying. Clark weakened, and con- féssea under oath that-he had been paid two tons of coal and a barrel of flour for testifying. Rhodes would not admit anything of the kind. Aside from this, Brightman established on alibi. ‘hen camo forward htman's wife and con! that she had been br: by O'Brien to swear falsely. Sho had also, she said, been bribed to falsely accuse and arrest her husband for «felonious assault. This she did threo times pendi the arson investigation. O’Brien was indict in 1877, for subornation of perjury on Brightman’ complaint. He was subsequently indicted on a sim- ilar charge on complaint of Mri. Story. Brightman sue@him for malicious prosecution, got, $700 from a jury’ and locked him up. March, 1878, O’Brien demanded to be tried or released on his owh recogni- zance. The District Attorncy was. not roady to:pro- ceded and charged O’Brien with having sent Clark ont O'’Prien deniod it, and the Court of the country. 1 him to be exam: DAMAGING LETTERS. The District Attorrey produced the somewng letters to Counsollor Mott, which were the burden o! O'Brien’s examination :— . Livgrroot, Mucann’s Bui.nixe, Sra:-I write con aR re 4 met [wi a8 done. He tnds me drunk and decoyed me away and altered my name did not know it ti 1 got on the steamship Exypt. thas family should ‘want favo hor Ors, C) Path paid two months rent, She sont mo given her but one doliar since Teme away. Long Island Cify. *I was it I was doing. Bayes mo ates passage to Liverpool. sovereigns in she bag, but sthere were two Rand soven shillings. He promised mo a return me this was all falso protence., I will the eallod me John Simon on Docomber 21, at pict HM, Now York. ore will find the riame Jobin J. Simon, instead of Jobn Cli ‘The following letter came at the same timo for Clark's wife:— sort e had le took mo “novel ticket Layervoon, Fob. 14,1879, Duan Wirr—I think it very unkind of you not to write me « few linea, even if you donld not sond me the pound. It has Kept ine hore bail starving, while I micht have boo at work. I think of going up to London. up there for the governmont. O'Brien haw dT am xoing to come right down on him, wo you two tons of coal, half a hog and $1 as only lot ave $1 since Leamo away? an ‘om mat cud ,fyght down on hit Mrs. Clark acknow! that the lettera con> tatn. She wrote to his relatives and her own in Liverpool, but could get no word ot him: District Attorney Downing prepaid his passego home; vut the steamship company’s agent failed to find him. The Court d to discharye O'Brien; his bail sur- rondered him, for some time he was locked up. New bail was found. O’Brien is under indictmont for sending Clark ont of the country. There seems how to be no doubt whatever but that the corpse ts Clark's, He in asid to havo Deen seon neet Merricit, terday, avoiding scrutiny and apparently waiting for some one. ‘The inquest will be held to-morrow. POISONED BY STRAMONIUM, & WHOLE FAMILY STRICKEN DOWN—EATING THE DEADLY JAMESTOWN WEED. [BY TELEGRAPH TO, THE HERALD.) Tenner Havre, Ind., March 17, 1879. A horrible discovery was mado to-day by Samuel Crandall, a farmor living » féw miles south of the city. He was informed that the family of Thomas Stanloy wore very sick and thoy desitod his nelp. Ho immediately started for thelr honse and found, to his horror, that the family, consisting of eight pone, father and mother and six chil , Were For sone’ and that death would be tho result. A ale clan was summoned and invostig: it was found that they had, through some mistake, mixed, at of it. stanley ‘od to-night and the others are not @pected to survive the more> Pow. The Peet of the unfortunate family havo been taken to the poorhouse, LAWLESSNESS IN TENNESSEE, You say he hay sont mo none. . (BY TELEGRAPH TO THR HERALD.) ° ‘ Nasnvitie, Mafeh 17, 1879, Tho fifty-two mon who rescued three wild oat dis tillers from Hartville Jail yesterday morning, on getting into that town took comploto possession of it, taking everybody on the streets into custody, une til they had effected their purpose. United States Deputy Marshal Strain was there sleepingtin a hotol, + ry attempt to inform him as to what was pare ‘z@ Was thwarted by posting sentinels at the hotel with instructions t allow no one to enter it unt they should leave town, ‘ WHO SHALL PAY? SEwront’s HOSPITALITY IN COURT. (BY TELEsRAPH To TH HERALD.) Newront, R. 1, March 1%, 1879. ‘Thoro was a hoaring to-day in the Supreme Court, before Judges Potter, Dusfoo and Matteson, of the parties interosted in the grand ball given Wy the city to Vice Admiral Inglefield ond officers ot Mor Majesty's ships Bellorophen, Sirius and Araus, which visited theso waters last summer, Some time ago, upon the potition of six of the taxpaters who felt agarieved at tho managomont of tho ball, a tonporary injanction was grantéd, and the hearing to-day was for the purpose of making the injunction porme nent. Counsel for the oi Leth mayen tem we yy oY of which, it is olai will be obliged to foot the bills in case the injunctio: admitted expenditure of mon & violation of its authority, in the provisions of the city charter, but contended in @ yery a ee thi ited too and the petitioners secured the injunction September 28, over three weeks after the bille had been con. tracted. Counsel for petitioners claimed bis tin § time the ont of the money was st time for the peti to act, Tho Judges tovk the, papers and ir opinions