The New York Herald Newspaper, March 25, 1879, Page 5

PEACE PROCLAIMED. ———_--—_—— All the Suits in the Vanderbilt Contest Discontinued, ‘ UMORED COMPROMISE DENIED. Statement of Counsel on Both Sides in Relation to the Matter. CORNELIUS J’8 ORDER. Rumors, more or less authonticated, flow thick and fast around the law courts yesterday morning that all litigations concerning the Vanderbilt will case had suddenly collapsed; that there was to be no ap- peal from the Surrogate’s decision to a jury of twelve men; that not only the one million dollar suit, Dut also the seven million dollar suits and all other little suits coequdl or dependent of the same, had been suddealy discontinued. Counsellors, attorneys, proctors and all sorts of people qnivered, hesitated and adjusted their eyeglasses nervously when ques- tioned by Hznatp reporters in regard to tho matter, but not one of them cared to deny tho fact, as appears by the interviows given below. Only they felt sure apparently that they had not been consulted as to the details of the compromise, and some of them professed to be exceedingly indifferent as to what had happened within the recesses of the Van- derbilt mansion. And yet all of them admitted that this family quarrel ought never to have been venti- lated in the cdurts—that from the very start they had counselled ‘peace, peace,” but there was no ‘peace among the Vanderbilt children. Now, how- ever, since the great contest had reached the end of the first chapter, it was well that passions should be calmed and no further efforts be made, especially as the son of his father, having gained his battle, was ready to do the handsome, It was whispered that William H. Vanderbilt, out of respect to the memory of his father, from whom he inherited $100,000,000, has set apart from his private fund no less than $5,000,000 to stop the clamors of the contestants, upon condition that Bll litigation cease at once and without delay. Whether this is the actual sum paid as a epmpromise remains for the present a family secret, but that a stop has been put to all litigation in the Vanderbilt will case {ean actual fact, as will appear by what follows. THE DECREE AS SETTLED YESTERDAY. It was yesterday morning that the Surrogate’s clerk placed upon file “the decree” agreed upon by opposing counsel. It is along document, of which this is an extract William H. Vanderbilt, as executor, appeared on January 8, 1877, and made application to have a certain paper pur- porsiag to be tho last will and tastamont of Cornelius Yan- jerbilt, and another paper jorting to be # codicil itted to probate Murch 13, 1877, Mary Alicia La faving on ay 24, 1877, prosonted hor petttion and a Mon.against the validity of said will and contestin; samo, |The proponants and executors having by tounsel, aud the said matter having been heard on several and duly adjourned to this dey, an n. hear- ing the proofs of the ies aforesaid and tounsel respectively, and a Gcliberation | being jeroupon had, an a ings to the suid jurrogate that the said Cornelius VallWerbilt, doce At tho time he exceuted the instrument bearing date bury 8, 1875, and also the codicl), was of sound mind, and that the execution of oither of them was uot obtained or rocured by undue or iniproper influence or fraud or coor- mi, restruintor circumvention exercised and practised ius Vanderbilt by said Will- rt Nanderbilt, or by any persone; that tho sald Iustraments were ‘respectively, freely and voluntarily made, executed and published and declared by Cor- nelius Vanderbilt as his last will aud fostament, and that "tho sov' pots aro in fact tho last will and testament and codicil thereto of said Cor- Relius Vanderbilt, deceased, and are in all respects valid, ‘and that the samo were properly executed in the manner required by the statutos of the State of New York. Now, ou motion of Henry L. Clinton, itis ordered that the said Jast will and testament of Cornelius Vanderbilt, deceasod, and the codicil thereto, and tho probate thereof horotofore mado on March 13, 1877, be, and the same aro hereby con- ‘dirmod, and that the said allegations of tho said Mary Alicia'Le Bau be dismissod, without cous, to either fo VIN. Pilea Mareh 24, 1879. vente . . MR. CLINTON'S STATEMENT. Mr. Clinton stated in the Surrogate’s Court yester- day before the decree was filed that upon the law and the facts of the case he had no doubts of the right of proponents to require contestants personally to pay the coat of this contest, but he was instructed by his client, William H. Vanderbilt, to say that he waived this right and consented that tho decree be entered We aat cores to hey party. The sia ue this eac] iJ OWD CXpenscs 0! 5 none Sede out of bons — This phere ihe pro- ceedings in cot A the yarious co 1 to asartait was ruth there eae in ‘the repo! collapse of the appeal and other branch ®uits connected with the case, ‘ SCOTT LORD'S STATEMENT. The first gentleman called upon was Mr. Scott Lord, senior counsel for the contestant, Mrs, La Bau, RerontkR—I understand, Mr. Lord, from excellent authority, that there is to be no appeal from the Burrogate’s decision? Mr. Lonrp—I have atithorized no such state- ment, and yet I think there will be no appeal. Tho three wills proved on the last day andnever brought into court until then date back to 1868, eleven years ‘ago, and in that view I could hardly advise my client ‘iuto the labor of them sertatim, .. Reporrkn—the decree, 1 understand, as issued, is satisfactory to all partics, Jan: . Lonp—The form of the decree was agreed upon. In that sense it is satisfactory to all parties. aTER—Is it true that Mr. Vanderbilt has mado arr agreed to clients? . Lorp—I do not kuow that Mr. Vanderbilt has made any tions. I believe, however, the whole matter to be amicably and honorably er- BxvomTer—Are your clients satisfied with this Bate of aftuirs? Mr. Lonp—I bh all tho parties to this lif lon will bo satisfied that it has ended. ee Revonrer—Do you know anything about tho re- Re ed discontinuance of the $1,000,000 and $7,000,000 it by Cornelins J. Vanderbilt? Mr. Lornp—They have both been discontinued. After the decree in the will case was ended Mr. Cor- nelius J. Vanderbilt wrote to his brother that he should withdraw the actions, and accordingly did eo. For turther particulars in regard to this I refer you to Mr. Ethan Allen, INTERVIEW WITH ETHAN ALLE, ‘The latter gentleman, counsel for Cornelius J., was found in his office; when the reporter said :— “Mr, Allen, was tho struck jury drawn by you on Baturday last struck in good faith?" * As counsel for Mr. Cornelius J, Vanderbilt in his euit against William H. for $1,000,000, I attended bo- fore the Commissioner to draw the jury,” suid Mr. Allen, “‘I met there Mr. A. Beach, Mr. Choate and Mr, Henry L. Clinton, representing Will- fam H. At that moment I had no idea whatever that the suit was to be discontinued, and 1 am sure that niy opponents dreamed of no such thing. The jury ‘was drawn and all the work completed pertaining to theirelection. Within halt an hour after the work was finished I received a note from my client, Cornelius J. Vanderbilt to discontinue the suit and to proceed no further with it. No reasons were —_— what- ever. The note simply read, ‘As my attorney and counsel in the case of Cornelius J. agwinat William H. Vanderbilt I would thank you to sign a stipula- tion dismissing Se, ond seo that an or- Ger is entered accordingly.” This was of course a imatter of great surprise to me, but it was authority wufticient ior-me to act upon. I acted, without see- ing my client, within au hour, and sigued the wt ppaletions dismissing the suit, This was on Sat- end ‘The day was taken up in serving papers repuring to enter the order, and was a very stormy day Idid not sce my client subsequent to receiving the note aforesaid, and I have not seen im since, “What wore the stipulations, Mr, Allea?* “The stipulation reads that these su title thervot) be hereby dismissed without costs as Sguinst elther party, and au order to that effect may tered, of course. ‘Chg is signed by Ethan Allen for plaintiff and Henry Clinton for de- fendant. Upon that stipulation the order was en- tered by the Judgo, and the great suit closed.” “How about the $7,000,000 suit?” tis upon the samo authority and ite also counsel in tho will caso, “Counsel have not yet definitely determined, but it is my opinion that ho appeal wilt be taken,” MIL, VANDANBILE’ COUNSKL sPRAKS. sf, Vauderbilt, upon belky apyied to by tne Hiskat -s er’ pon beihy app! y the HeraLp reporter and asked to tata the condition of the Van- dorbilt Will cause and of the million suit, positively declined to be interviewed upon the subject, but after # litte conversation stated as follows :— ho settlement of the decree under tke decision of the bieay od in favor of proponents was pijourned to this morning. We appesred before Surrogae Calvin at ten o'clock for that purpose. Uaving drafted the decree in pursuance of the Sur- rogite’s decision L showed it to sty. Scott Lord, bi counsel for contestant, who agreed that the form oi the desree was in accordance with the decision. The decree was then signed by the Surrogate. ‘The contestant has — throe months within which to appeal, We, before gesting the case, put in our whole evidence. fo «(tried =the =case so a9 not to open the door for any rebut! evidence on the rt of the contestants. Had or her‘ counsel wen disposed to put in any further evidence, 1 do do not think the Court could have hor to do so Within the rules of law, ex¢opt upon some blight and com; unimportant matters, its (giving ‘ NEW YORK HERALD, TUESDAY, MARCH 25, 1 which probe uid have occupied leas than an hour. oe Unusual was, counsel upon the other side offered to submit the cause without argument. We accepted this reposition be- cause we thought need no | argu. ment upon our side, aad that there could be no ki) beeen made upon the other side, ‘The Surrogate, however, wrote a very full opinion, After that was delivered we proceeded as sapilly: 4s sible to enter the decree. Ido not know whether e contestant intends to apy As far as I am aware there is nothing upon which she can appeal, athens the law gives her the right to take the case to the Supreme Court and the Court of Appeals if she desires. “There were three wills and seven codicils intro- duced in evidence upop the last day of the trial, all of which in their general features were like the will codicil admit to ite. * Ir the last the next previous will for probate. If that revious to that would be admitted to These wills and codi- cils extend back to 1 By none of them would the contestant fare any better, while by most she would fare worse. By the will of 1868 the contestant, in- stead of receiving @ legacy of $500,000, would only. get $350,000, Cornelius J., instead of $10,000 year, would only receive $3,000. By codicils to the ‘wills of 1868 aud 1809, it any of the parties should contest, they would be cut off entirely and their shares wowld ull go to William H. Vanderbilt, I cannot perceive any object the contestant can have in appealing where the only result would be, if she wore successful, that her share would be reduced, and if she contested she would forfeit her legacy en- tirely. ‘THE MILLION surr. “Since the decision of the Surrogate in the will case, we made the requisite preparation to try the million sujt. We ceeded to have the jury strack, with the expectation that that case would be tried the first week in April. The plaintiff has not, and never had the slightest chance of success in that case. Perceiving that defeat was inevitable after the striking of the jury on Saturday, Cornelius J, in- structed his attorney to discontinue that suit. The plaintiff hada righé to discontinue. It was not in our power to prevent it. ‘The parties who have pushed this tigation seeing that there was no pos- wiblo chance of success, having been so decisively beaten in the will case, after the most bitter contest 1 have ever known, have, without any romise or any condition or understanding, aban- doned the litigation. I know that Mr. William H, Vanderbilt has made no promise of any kind what- ever to induce the other side to abandon this litiga- tion. Commodore Vanderbilt, upon ‘his deathbed, ropeatedly and in the most solemn manner enjoined upon his son, William H., the duty of carrying out his will, William H. promised to do so. This proniise, from the time of his father’s death to tho present hour, he has faithfully kept. Como what amay he will never break that promise.” WHAT MR, VANDERBILT 5a¥s, A Henatp reporter found Mr. William H. Vander- bilt at his Fifth avenye residence last cvening and asked him what his views were about the com- promise on the will suits. ‘ “Compromise?” said he, “I know mothing about compromise. I have not heard from tho courts to-day; but, certainly, the word ‘com- promise’ is soinething new tome. I have nothing say about the matter at present beyond the state- ment that I am entirely unacquainted with any propositionin the way of compromise in these suits.” ‘ML. JOSEPH H, CHOATK’S OPINION. jonsense!” said Mr. Joseph H. Choate yesterd: afternoon, leaving the Court of Common Pleas; ‘I havo not theslightest knowledge of acomprontise in these suits aud I don’t believe there is guch a thing, Iam_ off to Albany now, aud all I cam tell you is that I_knownothing of the question of compromise. It is not the case.’ THE LEWIS WILL, ‘The hearing in the case of the contested will of the late Joseph L. Lewis, of Hoboken, who bequeathed over $1,000,000 to the government, was resumed, after repeated postponements, yesterday, before Master in Chancery C. 8. Sce, in Jersey City. Ed- wards Pierrepont appeared in the interest of the overnment, ex-Attorney Goneral Gilchrist Ly same for the Carharts and Charles H. Winfield for the alleged widow, Mrs. Jane Lewis, Ex-Governor Bedle and ex-Judge Fullerton were absent. Mr. Charles Sacia, who was sworn at the last session as a witness for the widow, and who identified the handwriting in her marriage certificate as that of Justice Fish, as placed on the stand and cross-examined by Mr. Gilchrist as to his own character, WHAT 18 DANCING? THE SUIT AGAINST NIBLO'S GARDEN—LAWYERS LEAD THE COUBT THROUGH THE MERRY ‘MAZES. The publicity of the fact that the case of Niblo’s Garden Theatre management and Mr. Michael Daniel, of No, 38 East Houston street, who are charged by the Society for the Prevention of Cruelty to Children with having violated the laws of 1876 by allowing Celia Daniel, sight years of age, the daughter of Michael Daniel, to dance in the ballet of the “Black Crook,” wes to come up before Police Justice Smith, yesterday afternoon, at the Tombs Police Court, drew quite a crowd thither, and the little ex- amination room was crowded to the doors, The society was represénted by its counsel, Mr. Delaficld, and Mr. A. Hummel appeared for the de- fence. MR. HUMMEL SUMS UP THE CASE. Mr. Hummel tirst took the floor, and asked for a dismissal of the complaint on the ground that it had not been proven that ‘the child danced., He then said, ‘‘The child is in court, as a witness for the defence, to show that its morals were not impaired, but that, on the contrary, the dressing rooms of each sex are untirely separate and apart from each other.’”’ Mr. Hummel then quoted from the Scripture, refer- ring to Miriam, who took a timbrel in her hand and danced for joy, and David, who Sayeed. before the Lord with all his might, claiming that the Orientals, when indulging in ‘lerpsichorean art, did so by gyri tions and measured steps, which was not in any manner established in this case. He went into a disquisition of ancient dance lore; spoke of the wild character of the we | Of 0 inbabitaats of Crete and Phrygia, whose dancers were armed, and when dancing, dashed together their swords and shields with extravagant fury; of Greek dancing, which was # gymnastic and military as well as a re- ligious exercise. Thon delviug into mythology, counsel alluded to the Pyrrhic dance described by ant, nam peo = Fitter war Leeen a 8 evolutions in the im! of pro; daggers aud drawn swords. Oliver Gollsmith, ie his “Deserted Village,” had said:— Alike all ages; dames of ancient days Have led their children through the mirthful mase, And the gay grandsire, skilled in “gostic loro,” Has frisked benoath the burden of tire score MI, DELAVIELD'S REPLY. “It is the duty of the society to protect children from moral injury as well as physical injury,” said Mr. Delaficld, “and children ore injured when they are hired for such purposes. The question is not what harm has boon done the children; but if the question were asked we would say that keeping them up until a late hour is hurtful to them, and let us ask ourselves whether we would allow our children to be thus employed. Another question is that their little minds and leads are turned by the glare and glitter behind the scenes and coming in contact wi I do not claim that itis injurious to health. When at school the children are at a great disadvantage. They are sl and listless. Children who are ed- ucated for the ballot are usually put to sleep in the duy time, but these are not. Tayain especially eail | your attention to the two classes of evils, moral aud physical. What is dancing? To move ‘with meas- ured steps. It is not necessary for one to have his feet elevated in order to dance, Shakespeare says, ‘Muny a time he danced them oa his knee." Justice Smith—I suppose that in that case the im- morality would depend eutizcly upon the age of the child. “(Laughter.) “Dancing,” resumed Mr. Deiafleld, ‘may be done engircly with the arms and hands, without even mov- ing the feet. For example, | refer to the manner in which many of ‘the uncivilized nations of Indians dance, The Zulu dance consists merely of singing war songs. The bravery dance is composed of 4 com- pany of Indians and squaws, the males armed with clubs and the females with long spears. The wineral dance is merely walking backwanl and forward, Some of these gentlemen who have testified are shortsighted. As to their experience, one of the witnesses could not even explain a quadrille.” As Mr. Delafield sat down Mr. Hamme! said, “Wo deny, Your Honor, that there is an indecent woinan employed on our stage, and you will find that they compare with any employed on any stago in the cit; Jintice Smith desired to withhold his decision for @ day or two, #0 as to duly consider the case, said that he had visited the theatre, and was behind the scenes, where he saw tho children go through their entire performance from tho time tiey entered the dressing rvom until they were ready for home. ALDERMAN AND CONGRESSMAN. At yesterday’s meeting of the Brooklyn Common Council a communication was received from Mayor Howell calling for the appointment of a day on which a special election might bo hold to supply the | vacancy caused by the election of Alderinan Daniel O'Reilly to Congress, Alderman Kenna tutro- duced a resolution naming April 3 ns the day, Alderman Fritz moved that the resolution be rate: red to the Committee on Election keturns; and Al- derman O'Connell moved to refer it to the Law Cor mittoe, Fifteen minutes wore taken vB, by Aider- ida and Cougrossinan O'Reilly's ay. is position was not vacant; the Mayor, he said, bad quoted but a portion of the charter bearing on his caso, aud had no more right to send the communication to the Common Connell than to President Hayes. to ot rid of so casy,'” exclaimed the Alderman. “When Paerivod at the House of Representatives I found a dirty pamphlet on od member's desk in reference to mo, But to the eredit of Congress it was treated 7h contempt. ‘Che filth and lies which it contained could refute under oath.” ‘Tho resolntion to hold a special election was re- ferred to theeommittes suggested by Alderman Fritz, UNHAPPY OFFICIALS. Mayor Cooper's Movements Watched with Anxiety, ° A CIVIC CABAN. Rumors of Projected Counter Combinations and Manceuvres. The cases of the three Police Commissioners— Messrs. Smith, Nichols and Erhardt—against whom charges were preferred by Mayor Cooper, remained in statue quo yesterday. It was contidently ex- pected by most of the visitors to the City Hall that the papers would be transmitted to Governor Robin- son some time during the day, but as hourafter hour passed and the Mayor steadily denied thut he hed taken any action in the matter, the politicians con- fossed their utter inability to explain the inaction of the Chief Magistrate, Rumors were of course plenm tiful, and were always accompanied by mysterious hints of impending political annihilation to either Mayor Cooper or his foes, just as the rumor-monger happened to be a friend or an enemy of Mr. Cooper. It is stated that the hesitation on the part of tho Mayor is based upon a desire to send to Governor Robinson a completa case against the accused officials, STRANGE PROCEEDINGS. Late yesterday noon fresh rumors began to be circulated about City Hall, It was claimed that the papers would not be sent to the Governer for a week or ten days, “iff at all.” This startling information, however, was. bound to come from persons whose wishes wero fathers to their thonghts. Mayor Cooper, when asked ag to the truth of the rumor, said he never made “predictions,” At about half-past five P.M. the Mayor's First Marshal, Mr. John Tyler Kelly, appeared in the outer or public office of his chiefs Mr. Cooper emerged from his private apart- mont, carrying in his arms a bundle of papers. As he delivered them to his Marshal he auked-- “What train do you go on?” ‘The wary Mr, Kelly, however, noticed the presence of a reporter near by, and looking at the Mayor in a warning manner answered, “I don’t know; I may not go to-night or even to- morrow.” ‘Then Mr. Morrison, the Mayor’s Private Secretary, appeared. He hela in his hand gn official envelope, which he gave into the Marshal's possession. When he had dong #0 he said, “IT hope you will have a pleasant journey,” and then walked away. WHAT THE MAYOR SAYS, The Mayor was again asked if he had sent tho papers to Albany. “I haye not,” he replied. “Will they be sent during the night?” inquired the reporter, “I cannot answer that question. I never mako predictions.” sn Marshal Kelly take the papers to the Gover- nor?” “I decline to answer that question. It relates to tho future.” “There is @ rumor, Mr. Mayor,” said the reporter, “that you do not intend removing the Commission- ers, or, in other words, that you are faltering. iudecent women. | | complish the removal of his colleagues ‘that correct?” “I never answer rumors.” MORE RUMORS. A rumor circulated which, upon uiry, was traced to persons high in the councils of Tammany, was to the effect that a grand d'état upon Mayor Cooper is contemplated. From this source a HERALD reporter ascertained that on Friday night several prominent republicans came to this city from Albany and held a consultation with several lead- ing anti-Tilden democrats, with a view to circum- venting Mayor Cooper’s movement u; the Police Commissioners. The plan of o| tions was roughly sketchod, but# it is poatively, asserted that an assurance was given that’ a new charter was dratted a sufficient namber of republican and auti-Cooper votes could not only be obtained in the eee, to pass such a measure ‘but also to sustain it over the Governor’s veto, shoukl such a contingency ag the latter arise. This projected charter is to have for its chief feature 3 spring election, at which a “new Mayor Board of Aldermen are to be chosen. Another feature will be tho creation of a Board of Assistant Aldermen. Promri- nent Tal leaders were quite reticent on the subject, and, while admitting the truth of the story, great surprise that the secret shoui have so speedily leaked out. A bittor ht on the Mayor in this direction is threatened should that official persist in his war upon the Police Commis- moners and others. ‘WHO ARE THEY? Another rumor, and onc which was extensively circulatod, was that Mayor will to-morrow send two names to the Board of Aldermen for confir mistion in piace of Messrs. Wheeler and Erhardt. In the case of Mr. Wheeler 1t was said that sti Cus- to. House influences brought to be to save from the general sweep, and that thie action of Mr. 4 at rove true, would seem to argue that His Honor wai receded from his part of the understanding and had adopted this new method us the speediest way out of the difticulty, which is hourly becoming more muddied. The names of the two to be se- lected for these places could not, after diligent in- quiry among those admitted to Mr. Cooper’s confi- dence, be ascertained. Comptroller Kelly and other prominent oats f officials lett their offices shortly after three o’cloc! to attend a meet of the Council of Suachems in the big Wigwam in Fourteenth street. It was under- stood that tho business in hand was @ consultation in regard to the ticket to be put im the field for sachoms at the annual meeting to be held next month, the best means to adopt to meet the tactics of those who are intent on overthrowing Mr. Kelly's leadership in the orgenixs«tion, A DECIDED “OPINION, Late in the day 4 Hunstp reporter met Mr. John D. Townsend, who is associat with Mr. Aaron J. Van in the defence of Police Commissioner Nichols. ‘The papers,” said he, “have not yet been sent to Albany. ‘The moment they go I shall know the fact, and 1 have not i heard a word in that respect. If the papers do go up we shalt ask the Governor for a hearing sion, Mayor Cooper's course extraordinary. Counsel should matter because the — proc nature of a court Pippen. upon something it a person is charged with. A man who has had $25 at stake or who is charged with the larceny of a loaf of bread is entitled to legal advice or representation and atrial by jury, and an appeal if an error has been committed. Theso | Police Commissioners are men who have held high «ocial and political positions and one of them is ilustrious as a soldier. Their removal by the Mayor disfranchises them. By law they cannot be reappointed to the office durin for which they were first appointed. it pds sible that the Legislature ever contemplated that they could be placed in such a humiliating and de- grading position by the mere will of a political op- ponent? The evident intention of the Mayor was to win his qeane by trick. He first called Mr. Erhardt an eudeavordd him to say disagreeable bout his associates before ao commis- things ually. Had he succeeded he evidently intended to con- vict him by the use of his own words, and thon ac- on his testi- mony, Failing in this ho began to ws such absurd questions as occurred to bin about the condition of certain streets at remote periods, expecting inume- diate and intelligent replies. Any man holding office to-day could be removed if the yrouud of offence could be ostublished on such a mode of questioning.” WHAT REGISTKR LOEW KAYE, Register Loew informed a Humaty reporter that he kuow pothing of any intended new movement against him on the part of any member of the Bar Association's committee, except what hal bean printed in the newspapers, nor did he believe that apy such stops would be taken in the face of the dis- missal by the Governor of the charges made against him. Business at the County Clerk's offlee proceeded rogularly, although the approaches to the office were still guarded by policemen. The newly appointed clerks in place of those removed 3. Saturniay were at their desks yesterd No more remo were made yesterduy, but it is said that several are con- templated and will take place within a few days, ‘These changes will occur among the court clerks, it was said. Mr, Gumbleton and-his former fone » Mr. Me- Laughlin, were at tho office of Mr, E. oade, one ot his counsel, early in the day. They said there was noting new to anpart, as Mr. Beach, the senior counsel, tv absont from the city and will not return tor several days. It was rumored late in the day, however, that some new and important developments in this phase the matter might be looked tor to- Mr. Meade said there was no trath in the story that Mr. Gumbleton had abandoned the fight. AT HARLEM POLICK COURT. ‘Two gentlemen met yesterday on tho steps of the Harlem Court House, iu Kast 125th street. One wus tall and siender, the other short and puy, Lotu wore glasses. “Gumbleto: “caldwell, And with the remark thoy shook hands. ‘The first named gentleman was Henry A, Gumbleton, ex- County Clerk, the second Colouct Alonzo B. Caldwell, chiet clerk of the Ninth District Givil Court. Mr. Gumbleton soon after disappeared, Then ‘Mr. William Rockwell, chief clerk at the Tombs Court, passed up the stops and into the private room ot Police Justice Duily. A lengthy consultation fol- Jowed, during which volume 2 of the New York Re- ‘vised Statutes was sent for. Rumor cried aloud that Mr, Gumbleton was also in the room, and expecta the term | and the condition of the Police Department yener- | | hold of the young man, 879.-TRIPLE, SHEET. tion waxed high, Nothing detaie gould be ascer- tained, and finally Justice Duffy re-entered the court room alone, his visitors having etfeeted an exit by a private entrance. In answer to a direct question Justice Dufly denied having issued # warrant in the interest of Mr, Guibleton, but, when pressed for further information, intimated a possibility of the matter coming before him in the Harlem court. Mr, Brown, his clerk, who was preseut with the Justice, uud Clerk Rockwell denied that Mr. Gumble- ton was in the room, EXPECTED MANGUVRES. From a trustworthy source it was learned that no formal charges had been made to the Mayor against Superintendent of Buildings Dudley,although rumors to that effect were extensively circulated. Another rumor of the day placed Commussioner Carapbell and his new depaty, Mr. Hamlin, at loggerheads. The disagreement was said to have arisen from the laiter’s appointment. Mr, Maurice J. Power, it was stated, was booked for the position by the Irving Hall leaders, but was set aside, This som was denied by the friends of both. Mr. Heary J. Ford, Deputy County Clerk, said that the office was tendered to Mr, Powers, but that gentleman not only did not wish it, but could not be induced to accopt it, CAPTAIN WILLIAMS ARRAIGNED, AN ADJOURNMENT OF SHE YRIAL BY THE COM- MISSIONERS—-HOW THIS WAS OBTAINED BY THE ACCUSED—HIS MISSTATEMENT REGARDING THE SERVICE OF THE PAPERS—THE SUPER- INTENDENT CORRECTS HIM. Cuptain Williams, of the ‘'wenty-ninth precinct, ‘was arruignéd at Police Headquarters on five differ- ent charges, at two o'clock yesterday afternoon, the niture of which has been published in the Herap, ‘The trial room was crowded with police officers, captains, politicians, witnesses and general curiosity seckers. Among those present were Coroner Croker, Alderman Morris, Commissioner Davenport and others. General Smith, the president of the Police Board, and Messrs. Nichols and Erhardt, his col- leagues, took their seats on the bench shortly after two, Mr. Whecler being’ still absent. The clerk called Captain Williains, who, attired tn his full dress uniform, stepped forward before the Commission- ers. ‘The witnesses were six in number, among them being Mr. Blake, who charged Captain Will- iams with having brutally clubbed him at Gilmore's Garden, and whose afidavit was published in the HERALD. Captain Williams said before the proceedings were begun he had a request to make, which was for an adjournment of the hearing of the complaint for several reasons, which he proceeded to give:—Firat, aleck of time to prepare his defence; second, that there was strong presamptive evidence that illegal and corrupt ineans had been resorted to to procure complaints and evidence against him; third, the irregularity of at least fou of the complaints, in not having been served upon him in compliance with rules 130 and 36 of the Police Manual; fourth, that his counsel might be present; that it was his right to have counsel appear for him. He therefore asked an adjournment of fourteen days. General Smith, after along pause, said that the charges against Captain Williams were ‘considered at @ mecvting of the Police Board, and the rules quotea by the Captain had no reference to charges brought in the way those charges had been brought. As to the application tor counsel sufficient time had elapsed for the Cayeats to have arranged ror that. Commissioner Nichols—When did you receive these ‘eh ay Captain? Captain Williaas—On the 22d, Saturday. ae med Erhardt—How many charges aro Captain Williams—Five. Commissioner Erhardt—The principal question, as 1 undorstand it, is the application ag to counsel. The action of the Board has brought this matter roperly before it. Accused parties have always n permitted to appear by counsel, especially when the punishiwent that would follow the substantiation of the charges would be serious. (Io Captain Will- fams)—Is your counsel present? Osptain Wiliiams—No, sir, I could not employ counsel without your permission, I have here un application to the Board. in which I seck to obtain permission to cmploy counsel. Commissioner Erhardt—It the accused says that ho intends to employ counsel an adjournment should be taken for that purporse. I therefore move that an journment be gran’ of ten days. ya &@ vote Commissioner Smith voted Conuuissioners Nichols and Erhardt ‘*' motion to adjourn was declared curried and tho clerk announced that the trial stood adjourned to the 8d of April next, at eleven o'clock. CAPTAIN WILLIAMS CORRECTED. The court room doors had hardly closed on com- jainants, defendant and the Judicial Board when a liscoyery was made by one of the Commissioners woulda few moments sooner have sensational flavor to the trial. Captain statement was found to befalse. Thetormal had not been omened Upoy him on Saturday, as he so strenuously assert: but on Friday evening. known by Superiutend- ent Walling when Commissioner Erhardt had come to juestion him about the delay. Buy Wi stated that no time had been lost in submitting to Captain Williams the specifica- tions of the complaint. They had been put in his hands on.¥riday by the Superintendent himself, ‘When news of this discovery reached the Board it created quite @ sensation, and the Commissioners evidently were in anything but a pleasant frame of General Smith said:—“I have no doubt that Cap- tain Williams was ready to resort to any artifice to secure apadjourniuent. Feeling that the complaint against him was likely to roceive due consideration from tho existing Board he hoped that by delaying the trial for a couple of weeks he t havea new set of Commissioners to pass upon his offence, and perhaps he expects more leniency at their bands than at ours.” . SUPERINTENDENT WALLING SPEAKS. Superintendent Walling, when questioned about the serving of the papers, said:—“There can be no doubt it. The Captsin was fully informed of the el against him on Friday night. He received the papers from my own hends. Here is the de- ven & lias’ es spatch 1 sent him.” And the Superintendent pro-. duced # telegram dated Friday afternoon summon- ing Captain Williams to the Central Office, “I waited,” the Superintendent went on to say, “till about six o'clock. ‘Then the Captain appear and was with me here for some timo. I uu handed him the specifications of the complaint, which were made out in tull. There can be no doubt about the matter,” the Chie! of Police suid decisively. “Ca tain Williams had the papers in his hands at an early hour on Friday evening.” ANOTHER WiTNESS OV THE BLAKE ASSAULT. Mr. Eugene Finkenaur, of the iirm of Georgo Finkenaur & Sons, of this city, was in Gilmore's Garden during the international walking match, and was a witness to certain acts of Captain Williams which have since become notorious. A reporter called on Mr. Finkenaur and asked him what he knew of the matter, He seemed surprised at being called on, but told readily cnough a story corrobora- tive of what has already been published, with some particulars not known before. “A friend of mine was with me in the Garden on Tuesday night,” he suid, “and suggested that wo should keep a iookout ‘just for fun’ tor whatever might be going on, us Villiaans, he said, ‘had his shirt off again’ aud some- body was likely to get hurt. We were up near Rowell’s cottuge, when there was some kind of a disturbance, and some one went after Captain, Will- isms. He came along up the track dircctly, scan- ning the people that stood in the crowd. Sud- denly he litted his club as he came to one man who was dotng nothing and etruck Lim on the head with it. There was a great hissing then, for the whole crowd saw what he did, and Williams broke ous into a coarse denunciation of the bystanders, but to some gentlemen who stood by looking on aud doin nothing he said even worse. Then, as he was turn- ing away, a little squat fellow with broad shoulders, who had beon going around a good deal with his trousers turned up at the bettom, said “Lhat's the man that hissed you,’ and he pointed outa young man in the gallery. Thero was considerable tine consumed in getting this man pointed out, and, while they were trying to get at him, Williams kopt up his talk in a similar strain, He climbed up over the rail into the gallery, almost knocking over e lady and gentleman who sat in a box, flourishing his club aud swearing all the time. At lingth be got I didn’t know thea who he was, bat [suppose it is the man who has made a complaint against him. He strack him with his club and kicked him over the rail, but the young man seemed to gather himself up as he fell and landed on his feet. man who stood next to ime,” continued Mr. Finkenaur, “asked me who that was, and 1 said, ‘It’s Captain Willia Williams then turned, hearing his name, I sappose, and said, ‘What's that you're ying about me?” ‘Saying nothing,’ said the man, ‘You hie, said Williams, using a vile epithet, and he amen club again aad struck the ian over the BOOK TRADE SALE. ‘The semi-annual trade sale of books, stereotype plates and stationery will be oponed at Clinton Hall by the Messrs, Leavitt on the 7th of April, and con- tinue for about a week. Tho catalogue is a well filled volume of 359 pages, reprosenting fifty-one well known firms, Most of the invoices are heavy, which looks well gor the pros pes of tho wale. ‘The first day will © devoted to Loughton, Osgood & Co. and R. Worthington. The invoice of the former be- gins with “Unele Tom's Cabin,” of which 200 copies are offered. Of Mr. Howell's new story, “The Lady of the Aroostook,” 100 copies are offered. This firm must expect a ran on Key, Joseph Cook, for they offer 900 volumes of his “Monday Lectures.” Six hundred of the Bodley books are on the list. Of the new complete edition of ‘Tennyson's works 1,000 copies ate offered, besides about 400 copies of other editions of the laureate, Only 26 each of Bret Harte’s books are on the list. mig fellow is beaten on his own ground, for not more than 350 of his books are offered, Teunyson seems to be the strong hold of KR. Worthington also, The ublications of W, & K. Chambers are offered by this USE, ‘ TALMAGE UN On Trial Before the Members of Brooklyn Presbytery. “FALSEHOOD AND DECEIT.” “Eternal Justice” or the Grand Jury Shall Decide. THREE HOURS’ WRANGLING. “Will the clerk please read the charge?” at the Rey De Witt Talmage, D. D., stands chargea by common fume with falsehood and deceit.” It was in the Second Presbyterian Church, Brook_ lyn, yesterday afternoon. ‘he edilice was packed with people interested in the celebrated case of “Common Feme yersus f. De Witt Talmage.” In the front and central pews of the unostentatious struc- ture satthe members of the Brooklyn Presbytery, under whose auspices the trial proceeded. Upon the platform, or pulpit, sat tho Moderator, Rev, Dr. Lud- low, the stated clerk, John Milton Greene, occu- pying a table to his left. Several tables stood in the space before the platform, ut one of which sat the accused pastor of the Tabernacle with Deacon Corwin and dis counsel, Rey. Dr. Spear and Dr, Millard, At enother wero Dr. Arthur Crosby and Dr, McCullough, the counsel for the prosecution, Stenographers and reporters util- ized the remaining tables to the utmost. ‘The sides andrear of the main floor and the galleries were filled with spectators, many of them standing in the aisles. OPENING SCENES. Although the proceedings were not to begin till three o'clock, at the hour of two the church, for- merly the scene of Dr. Ichabod Spencer’s labors, was half filled by members of Dr. Talmage’s congrega- tion. When he entered, accompanied by his wife, an extended hum of voices and faint applause could be heard. He showed Mrs. Talmage to a front pew (in which, by the way, sat Coun sellor A. W. Lenney taking occasional notes), and then plumped himself into a chair by the side of his counsel, Other distinguished leadera of distin- guished congregations of the city of Brookiyn—that is, distinguished for both these things—entered the church, while such whispers as “There’s Dr. Cuyler,” “There’s Hyatt Smith’ and ‘Here comes Dr, Van Dyke” repeated themselves among the au- dience. Though Rev. Dr. Ludlow had not been ex- pected to act as Moderator, owing to the sickness of his wife, Ge came in about three o’clock and took his seat in the chair of the presiding officer, tg the evi- dent gratification of nearly everybody. The Mod- crator rapped on the table before him to bring the assemblage to order, and with the introductory words, “Let us pray,” briefly supplicated the Divine assistance in all the proceedings of the Presbytery. Roll call followed, and the following answered to their names:—Revs. Theodore L. Cuyler, James H. ‘allen, D. D.; Arthur Crosby, Alfred H. Dashiel, D. D.; Benjamin ,B. Drake, Isaac S. Davison, Thomas J. Evans, Lewis R. Foote, Amos N. Freeman, J. Milton Greene, Lyman Gilbert, D. D.; C. Cuthbert Hall, Samuel P, Halsey, Parsons C. Hastings, Charles J. Jones, George C. Lucas, James M, Ludlow, D. D.; Archibald McCullough, Adam McClelland, Benjamin F, Millard, J. E. Rockwell, D. D.; Samuel F. Spear, Oliver 8. St. John, James M. Sherwood, Alfred Taylor, T. De Witt Talmage, John D. Wells, D. D.; William Wolff, John Hathaway, Owen Peck and J, G, Williamson. ‘When Dr. Talmage’s name was called, he answered “Here” in such an unmistakeble manner as to pro- voke a smile over the house. A list of elders belong- ing to disferent churches was called, and the Presby- ters were asked to occupy the pews on cither side the centre aisle. TAL CHARGES, ho iad Leena Ry be have ee) by order of the Presbytery, to lis certain c apainst Rev. T. be Witt ‘almage. Are you ready 45 proceed to trial?” * A volume of “yeas” from the Presbyters. “Before we proceed let me impress upon all of you that wo sit to-duy os judges of the court of Jésus Chris oe the accused present?” continued the Modera- ant: Talmage arose from his chair, bowed and sat wo. “Js the prosecution present?” ‘Drs. Crosby and McCullough also bowed. “Will the clerk please read the charges ?”* “That the kev. T. De Witt ee . D., stands charged, by common fame, with hood and de- ceit.”” “What are the specifications?” Clerk Greene read: Specification’ 1.—In that bo acted deceltfally and made false statements, which he know to be false, iu the matior Of Lis withdrawal from the editorship of the Christian ut Work, in the month of October, ISTH Sperijication 2.—In that at various times he published, or allowed to be published by those closely nssoctated with him, without contradicting them, statements which he knew to be false or calculated vw xive a falsa impression in detence of his setion and statements refereed to in the Bret tion. ‘ation 3.—In that he ro made public deelars- rex from his pul. Sperttic tion, in various and omphatic forms of specelt pit, that the church of whieh he was pastor was 4 Irce church, and that the sittings were as enee to the dollar question, althougit he that in the matter of 1876-7 he falsely wd J. W. way of dishonest practices and aftor- donied thut he Lad dono so. tion 5.—Ln that in the early part of the year 1878 wered to obtain false subscriptions toward the wyment of the debt of the chureh, to be decoitfully used Jor the parpose of inducing othors to subscribe. Spervfeation G—In that in the yoar 187% he nected and spoke deceittnily in reference to the matter of the ro-ea- agement of the organist of the Tabernacle Prosbyterian ureh. Speciication 7.10 that he publicly declared on Sanday, February 2, 1879, thus all tho newspapers suid he was to be arraigned for hetorodoxy and used other expressions eal- curated to give the 1mproxsion that ho expected to be a raizned on that charge, althongh he knew that he woul be arraigned, if at all, on the charge of falsehood, thereby deceiving the people. ‘THE DEFENCE. “How does the accused plead?” asked the Mod- erator. Dr. Spear, a man of venerable and at the same time antagonistic appearance, rose to reply. It was evident before he had proceeded far with his argu- ment that Dr. Talmage’s counsel, though he termed himself only an “ecclesiastical lawyer,” understood pretty well how to plead. He said he had been so urgently requested to act as counsel tor the accused that he had waived the consideration of his own poor health, and bad entered into the defence at a large physical risk. Dr. Millard, associate counsel for the defence, then read the reply of Dr. Talmage to the specified charges. It consisied first, of & geverai denil, and then devied the juristiction of the Presbytery, be- cause of the limitation of time laid down in the rules concerning the specifications Nos. 1,2 and 4. ‘Lhe reply concluded by asserting that some of the charges ‘were trivial and impossible of proof, aud that the whole was an intliction of gross injustice upon the accused. _* ‘Mr, Spear said he wished to subinit a preliminary motion. He asked the clerk to read specifications 1, 2and 4, then argued that specification 1 fixed the date of the commission in October, 1876; that specification 2 was of no significancecxeept by rewon of its assumed relation to the first; that No, 4 bore the date of 1876- nd that the three were ex- einaed by the limitation of time ect forth in the book of discipline, which deelared that trials: upon charges of scandal must take place within a year of the date of commission. He asked for separate rul- ings on the three motions. Yirst—That «pecification 1 be erased and dismissed for the reasons enumerated, Second—That specification 2 be erased and dis- missed tor the samme reasous; and Third—That specification 4 be erased and dismiseed for the same reason as Land 2. SOME LEGAL INVORMATION. Dr. McCullough serambied to the defeat of such an iconoclastic proceeding. “Is it seconded?’ he den Dr. 3} —It needs no seconding. This is a court. Dr. McCullough— Mr. Moderator, 1 speak to a point of order. Dr. Spear—A counsel may make ued without refer- w euch i motion before thi urt without its being seconded, Me “ator (to Dr, Spear)—You are speaking out of order. nd De. 8 It is not a point of order, Moderator—-We will hear Dr. MeCullongh, Dr. MeGullough--This is an adjourned mecting, ond it's quite unnccessiry— . Dr. Spear—Mr. Moderaior— Moderaior-—It is easy to sce that the first point to be decided is on the admissibility of the motion of the defence, and on that we will hear ly. Spear. Dr. Spear—I ask you to quash Dr. McCullough (exeitediy)—Can tho accused party nak for an indictment to quashed? (Derisive laughter from aii parts of the house) De. Spear—He most certainly (Laughter and applause, tollowed by # few hisses.) Dr. MeGullough—This is an adjourned meeting of the Presbytery to try Dr. Talmage on charges agreed to at a former meeting, Moderator —I niust admit the motion mado by Dr. ear. he McCullough—I am very sorry to appeal from your decision. ‘The Moderator proceeded to give his reasons for deciding the motion admissible. He then put the vote on the appeal and declared the appeal was not CRUSHED. |: sustained. Dr. Crosby called for # division. Dr, ak, but was declared out of w asked those who were in the appeal to rise. Among those who responded were the counsel for the prose- cution, Dr. Spear exclaimed, ‘The counsel cannot vote.” Dr. Crosby asked, “Why not?’ Dr, Vandyke also inquired, “Why not?’ ‘The Moderator ruled—“The- counsel cannot vote." ‘Then T appeal from your decision on that point,” said Dr. Crosby. avor of sustainin It looked as though matters would become inex- tricably confused, when it became apparent that it was “even up,” auy way, a8 there were two of the counsel on each side, and Dr. Crosby withdrew hia appeal. ‘The vote on’ Dr. ‘Mecullough's appeal was the peeryd and the Chair sustained by a vote of eas to 19 wi Ww CERTAIN CLRCUMLOCUTIONS. Dr. Spear then proceeded to argue on his motions to dismiss specitications 1,2 and4, As there had been covsiderable applauding and hissing in the preceding debate, he prefaced his remarks by saying that he was desirous of neither, He elai: that in addition to the limitetion of time, certain of the specifications wete objectionable, becuuse they failed {o specify anything. 'Phé counsel for the defence had been Wandering in a dark cave, without atorch to Nght them, He asked the clerk to read specification 2, whieh he did, and then said Dr. Spear:—“It is easy to see no lawyer drow that up. There is nothing of Blackstoue or Kent about that, What ia still worse, there is nothing Presbyterian about that. (Laughter.) ‘At various times.’ That would catch any man, no matter where, ‘He published,’ Where did be publish? In the pulpit, in # book or in the newspapers? ‘Or allowed to be published by those closely associated with him, without contradiction’ — what one or ones of the hundreds or thousands ‘clonely associated’ with him? Is he guilty of false- hood because h* did not contradict statements male by others? That entire specification is unique, almost as unique as my friend Dr. Talmage. ‘the fourth gpccitication contains two proposttions—first, that he falsely accused J. W. Hathaway, Sc., and second, that he afterward denied having done so. Having done whatt Why, denicd having falsely accused J. W. Hathaway. No lawyer drew that up either. But look what must be accomplished in the trial of such @ specification. Virst, we must try Mr. Hatha He must be run through this judicial mill find out whether he was . falsely accused, If forced to do this the defence must and will intro- duce witnesses to prove that Mr. Hathaway was not falsely accused. He must come out of the mill as the finest brand of flour to prove the falsity of the charges made against him. As to the other charg Iam of the opinion that they ought to be dimiss but zor the sake of Dr. Talmage’s reputation we not ask so much as that.” ‘THY OTHER SIDE. Dr. Crosby characterized the remarks of the de- fendant’s counsel a result of ingenuity and imagina- tion. They were there to consider facts, although facts were sometimes very reeable. The rule in the book of discipline about limitation of time had a supplementary clanse which provided that trisls should not twke place more than a fear atter the commission, “unless the scandal had become recently flagrant.” That was just what he claimed in the present instance. This matter had, become recently flagrant. Dr. Crosby created much amusement by an attempt to quote Dr. Spear’s re- mark that J. W. Hathaway must come out of the mill as the finest brand of flour. Dr. Crosby’s ver- way must come out as “a do tair and perfect flower.’ Dr. Millard denied that the commission named in the charges had become recently flagrant, and he designated the charge: “india rubber, that would stretch in any direction. Dr. McCullough urged that this part of the subject had all been gone over. ‘They were ready to prove specification atter specification. Dr. bs sah made the concluding argument, and then the Moderator decicled to grant the motions to strike out specifications 1, 2 and 4, on the ground of limite- tion, pring at length his authority torso doing. He said the book of discipline laid down another course to be pursued in such cases, which was by investiga tion, not by trial. DR. TALMAGE OREATES A SENSATION. Following this decision there was # pause of dis may on the part of the prosecution. Then, at about the same moment. Drs. ‘and Crosby claimed the right to speak. The lerator gave the floor to the former, and at the tirst sound of his voice people in the rear of the house and the galleries stood up to sce and hear fim. He said:—‘I feel very thankful for the efforts of my counsel in these proceedings. It seems to me that they have proved conclusively that the Presbytery has no right to go beyond the reach of one year in framing these charges. Clergymen in al! parts of the country, and I have heard’ from a great many of » have felt it it at this disposition to break down the rules of the Presbyterian For that reason I am glad this court it has. But now, in the name of the Lord Jesus Christ, whose I #n and whom I serve, I suy I demand to be examined on all these specifications, whatever they are and wher- ever they reach! wie, psn you discovered an assassin in your room—would you stop to inquire whether he got in at the front door or whether he came in by the window? No. You would en- desvor without delay to catch that assassin to t the lives of your family. Itis known all over the world that an attempt has been made to as- sasainate my wer! (Sensation.) Yes, the dag- gers are ungheathed and I don’t care whether those who handle them come in by the tront way or whether steal in from behind. Ali I want to know is who they are and where I can lay hands upon them! I have a great it for this Presby- tery, of which I aun &membor, but I also have re- pect for public 0] mn, which no man who seeks public duty in can afford to disregard, Public Forge is waiting to know the truth or faisity of agg a against me, and it shall know, either through this Presbytery or through the Kings county Grand Jury I (A prolonged sensation.) want, somehow, that these charges shall stand. Waive your technicalities and give us elernul justice! After this trial I shall demand the right which the Mode- rator hae designated as belonging to me.” (Loud applanse.) WITHDRAWN, A DECISION Dr. Van Dyke claimed that the Moderator was but & member of the Presbytery, chosen to preside to reserve order, but that he had no right to gives ecision on a vital point. That must be decided by vote of the Presbytery. Dr. ‘Talmage cried “Order!”* with several others, and the Moderator do clared that he could’ not permit the dignity of the Chair to be impu; Afterward he asked Dr. Van Dyke to give sateen saying the Mod- erator had not a right to decide 4 vital point. This Dr. Van Dyke cheerfully promised to do, and was assisted by several others, who argued that the Mod- erator could only decide ou questions of order, ‘he Moderator claimed the right to docide all motions, subject always to appeal; but after a good deal of debute on both sides of the issue he agreed to withdraw his decision. ‘Che motion coming before the Presbytery, and being debatable, Dr. Van Dyke got an opportunity of expressing himself. He did 80 in a very co! jeasive manuer. He endeavored to show that the action of some of the members of the Presbytery had been called disreputable by the defexce. He tried to connect Dr. 5; with such a declaration, but the latter denied it. “I believe I did say,” he admitted, that thedevil had.a great deal to do with those procecdings.”” Dr. Van Dyke said that, so far as he himself was concerned, he wanted to be heard under oath and to endure the cross-examination of Drs. Spear and Millard. Dr. Spear said he should like very much to cross- examine Dr. Van Dyke. He would promise him an entertaining time of it. Mr. J. W. Hathaway, referred to in specification 4 of the charges, asked leave to say that he was read, to undergo the trial which Dr. Spear had suggest necessary. The motion of Dr. Spear to strike out specific cations 1, 2 and 4 was then voted on in three divisions. The first specification was sustained by a vote of 29 to 11; the second by 23 to 10 and the third by 27 to 13, ‘Thus a debate of three hours and a hal’ came to no result worth mentioning, and the trial was adjourned till throe o’cluck this afternoon, Before leaving the charch many people crowded around tho idol of tae Taber. nacle and shook him wurmly by the hand. NOT UNFRIENDLY TO TALMAGE. The following letter, addressed to the Brooklym, Presbytery, is for the first time made public :— BnooKiys, March 22, 1879, A® BROOKLYN Paespy ter undersigned, bog to repr Te Ww pocifieusions accompany in the Rew. T. De Witt Reteaas tion of our names we aro placed. | witnossos ready to testify, whereas just the contrary is the fact, your committee having beon intormed that we wero unwilling to appear. ‘We beg to remind your honorable body that our difficul- tivs with the Brooklyn Tabernacte, in the main, grow ous ef questions of Gnanee, and as wo felt there was Une Warrantéd interfereuce with the Board of Trastees, by and “with, the consent of the pastor. wo withdrow frou tha gburch. Subsequontly, aud of quite recent cecarrence, we » forced by the law wo ay at the Taber. h of wh ‘& question of Understood, we nection thac, notwithstanding the divazreemonts of the past, we cherish nounkindly feclings whatever toward the Rev. Mr. Tal. mage. in view of the Presb, decline 10 appe in the pending (ria G reby wish to say in this con oe) aSWED! ARKEN 8. SLLLOOCKS, BLY. ‘ALMAL ALEXANDER PEARSON, ROBERT 8. HOBBS, ¥. TALMAGE. sui » CUSTOM HOUSE REGULATIONS, An order was isstted yeatorday by tho Collector, based upon instructions from the Treasury Depart. ment, that on and after March 25 no money will be Accepted in paymient of antics after three o'clock im the afternoon; but fees can be paid at all times during office hours, Considerable dissatisfaction exists among importers and brokers about this order, as they see no use ping the Custom House open after three o unless they aro enabled to pay duties up to the hour of closing. Yesterday there was euch a rush of business the rotunda that upward of two hundred entrh were shut out from being paid in the cashier's office. Many of these being consignments and im. orte by the Bremen steamer, arrived and entered on ‘riday, the rw will have been sent ander "gen~ eral order" by the time tho permits are issued to do« liver, AS a matter of course this entail an addis tional expense on the importers for “general order’* obarges.