The New York Herald Newspaper, March 30, 1879, Page 9

GUNBLETON STRIKES BACK County Clerk Thompson and His Allies Charged with Forcible Entry. COMMITTED TO ANSWER. Rescued by a Writ of Habeas Corpus from the Supreme Court. ‘The case of The People against Hubert O. Thomp- eon, Thomas Costigan, Edward Clarkson and William Gannon, on compldint of Henry A. Gumbleton, was set down for preliminary examination before Justice Duffy, in the Harlem Police Court, at ten o’clock yesterday morning. On their previous arraignment _ @t the same court last Tuesday the defendants stated that they wished to waive all exam- ination and have their bail fixed at once, so that their trial would be expedit- ed. The compilainant’s counsel, on the other hand, maintained that they were not at liberty to waive all examination, They might waive their defence, but they could not waive a hearing of the charges and the evidence on which they were based. The pomt was argued at considerable iength and Justico Duffy paroled the gantlemen until yesterday morning, when he promised to give a decision upon this point. The Harlem Police Court was, consequently, crowded. Long before ten o'clock, the hour appoimted for the trial, the court was filled by politicians and friends of the accused parties, Mr. Henry A. Gumbieton, the com- plainant, was among the first to arrive. He was ac- companied by his counsel, Mr. William A. Beach, Mr. John R, Fellows, Mr. Artemus H. Holmes and Mr. Henry E. Knox, representing the prisoners’ counsel, were also on hand early. The four accused gentlemen took seats on the left of the court room, facing the, Justice's bench, Proceedings began by Justice Duffyreading a long opinion, in which he decided that the prisoners could waive their own defence if they chose, but could not forego the preliminary examination of witnesses to ascertain if there was probable cause to hold them. Then a most extraordinary scene ensued. Through their counsel the prisoners protested against the decision and declared they would leave the court room. Justice Duffy denied them the privilege, and they declared that they would leave any way unless force was used, Two of the gentlemen started toward the-door and an officer fol- lowed them, stopped them, and after a few words they returned to their seats. The subsequent exam- ination was conducted precisely as though none of the accused were present, they refusing to answer any questions, and completely ignoring the entire proceedings. They were committed, but paid ‘no attention to the commitment, and made no move to procure bail, having previously despatched one of their counsel to the Supreme Court to obtain a ‘writ of habeas corpus. This was procured, and all proceedings were transferred to that Court. JUSTICE DUFFY'S DECISION. Justice Duffy took his seat in the court room at’ twenty minutes past ten and announced that he would give his opinion if all the partios were ready to hearit. This being assented to he read the follow- ing decision :— ‘Tho question presented for the decision of the Court in he case of the People against Hubert 0. Thompson, homas Costixan, Edward Clarkson and William Gaunon, changed with having on the wight of the 17th inst. boon itty of & misdemeanor in having rm forcible entry Mito dhe County Clerk's office, iu that city, with stron hands and a multitude of people, ts whether tho weeused, by ffering to waive examination and furnish ball pre: clude tho complainants from giving testimony before the magistrate, in addition to that contained in the affidavits, ‘on which process was originally tysued. + Section 18, page 995, third yolumo Revived Statutes (itth edition) dofines the duties of the magistrate “SKCTION 13.—The magistrate son shall be brought shall proceed ay soon ax may be to aE) the complainant, and the witnesses produced fn sup of the prosecut ‘on 04 in to the offence ‘and in ted with charged yo) to any other connec such charge which such ‘magisnrate homme deem pertinent.” itis sonerent, that this section requires tho magistrate “to examine the complainant and the witnesses produced An support of the prosecution on oath.” Nothing is said about using effi it of arrost isnued. sl mn his bi magistrate, be t is presence. ‘The dofendunt has uo power by any watver of his to dis- ponse with the discharge of ¥ ius devolved upon the trate by the express terms of tho statutes, mag: eof the tie iben, tien pelether tp beosght batore in to eet, Heated a to evidence “in to the offence charged,” but he is novela portawen to take pant ned Sin regard othor mattors counected wit to any eh charge which such magistrate may deem pet he statute te. man ‘and absolute. An magistrate is bound to the examination esxon until it in cloarly manifest th been committed. That appearing to the vatis- {action of the magistrate it, of coarse follows that the ob- Joct of the statute is fulfilied and his jurisdiction ended. isoner be not the real offender or that he c ho osempe undor » technicality or ‘and abottors by waiving an oxamination? ISCRETIONARY POWK OF MAGISTRATES. ye clothes the m with large diveretion- ary powers in regard to the evidence to be taken on such # preceding. (As alrendy stated the magistrate ts ae ned to evidence proving the offence itself but mi testimony “in regard to any other matters connect: such shares.” in, order she r partias are ity with the parties or to a 2 tito grade ot the offence and to fix the mount of ball A person might be treated for & misdemeanor nud upon the examination it might turn out that a felony had been committed. The law contemplates that the magistrate may ion before him very searching and thor- tof public Justice, ge VN third Volume Revined Statutes, pro- it should appear to the magistrate that an has been committed and that there is probable to be guilty thereot, the m i the ‘prosecntor and al risoner to ar aud cunitenes or Mchas indicted.” fs @ course of the investi the methods of this statute in sup) f law shoal oy of his official position iy used force ta ol gb u trate to take ‘and charactor Ase ean only take into con- tion such facts as aro ostablished by sworn evidence. WAS A CRIMINAL OFFKECK nnot assume that at the time the leged to have been committed, the as Deputy Commissioner o ‘as entitled to enter 6D T ce in question fant, ‘Thowp- Fablic Works, and as bu ding ich the County Clerk's office was located. It fact appears, 1 not desire now, in any way, to intimate the extent to which, if wi t may miligate the offence. f upon the entire before me it shali appear ‘a crim’ voen committed, and that there ts probal to believe Mr. Thompson and the other defenda 1t 1s true in this city, on account of the large amount of business which comes ac ¢ prac: ico by Midavite. t ye arre sibstliate fer the examination of “tue cons. he witnesses luced in support of the soliton it can only be on the consont of the u ean onl on z cn noe a he ac the defendant. te from any action cise of unasual caution it of the caso botore This ean only be done by which the compla ‘here are o can Waive ANY corrections oF inte full defence or he can go th to discharge vod fore tri T shall, theretores pr y impor Bpon 1aw—vix,, “to examine the complainant and the ‘Witnesses produced fi support of the prosecution om oath.” PROTEST OF THE DEFENDANTS. After the decision had been read Mr. Jobn R. Fel- Jows, of counsel for Mr. Thompson, stepped forward Just 44 the clerk was about to swear Mr. Gumbleton tnd demanded that a record be made of their protest against any further procesding in the ease. The record was accordingly made, “L think it proper,” continued Mr. Fellows, “to say one word more. The defence have a right to guard their own legal rights in the matter, and we de- sire to say that we shall now, counsel and defond- arits, leave the court room and not attend the exami- nation unless Your Honor shall put the parties in close ctistody.”” “The defendants are now in court,” rej tice Duily, ‘and they cannot leave witho: sent of the Court.” Mr. Fellows—And the Court will not allow them to leave. Justice pty ne | must be present while the testimony ts en. Mr. we—Will Your Honor direct the officers to prevent them from leavi Mt, Guipbiecton, be dus- con- ? justice Duily—Not sows NEW YORK HERALD, SUNDAY, MARCH 30, 1879—QUINTUPLE SHEET. sworn. The ery is tha she gentlemen remain in t duriug this examination, ote Fellows—We shall leave the court room unless Court. = ae ff Ba antting dividing the thro’ ie peepee. 9) moved toward the door. The other gentlemen started toward the gate. “You nS please come gentlemen,” cried justi a ? Mr. Willian A. React, counsel for Mr. Gumbieton, was standing in front of the Clerk’s desk preparatory to examining his client. On seeing the move made by the other side he requested the Justice to prevent their leaving the room. “The officers will sce that these gentlemen do not leave the court,” was the Justice's order, Two policemen followed Mr. Costigan and Mr. Fellows down the middle aisle, while others held the little gate fas ven! the other defendants from leaving. A oe between the officers and the two the latter returned smiling to HOW GUMBLEYON’S OFFICE WAS CAPTURED. Mr. Gumbleton was then sworn and his examina- tion by Mr. Beach was begun. Mr. Artemus H. _ ot Fc prong og ed and eons) ane broad ‘hom , stood near inner railing, Ing not of ‘all the testimony offered. Mr. Gumbleton told the story, already pul ed, of how he wes refused admittance to his office on the morning of the 18th inst. This ended the examination, and Justice Duffy asked if counsel for the detence wished to examine Mr. Gumbieton, “All examination. has been waived, Your Honor,” answered Mr. Holmes. ‘Mr. Alexander J. Dowd was the next witness called. He testified that on the night of the 17th inst. he was in the County Clerk's office with the janitor of the buil ,in the room on the lower floor used tor general business in the day time; he thought Mr. McCosker was one who closed the office; the basement was used as @ record room and communicated with a storage room which was used for storage for the building generally and was not 3} priated to the use of the County Clerk’s office. si e witness he gave the de- tails of the forcible entry. Justice Duffy then asked counsel for the defence it he desired to cross-examine the witness, and received the same reply as before from Mr. Holmes. * WHAT A BOOKBINDER SAW. James P, Burke, @ bookbinder in the office of the County Clerk, was then called. He was questioned about the door where the parties had entered, and he presented a diagram of it to the Court, ‘This ended witness’ testimony and Justice Duffy asked if Mr. Holmes desired to cross-examine him. It Your Honor please we do not appear further for the de’ence. Mr. John E. Wade was the next witness. He said that he had been connected with the County Clerk's office until last Saturday; had heard of the entry by Mr, Thompson and his friends, and had several con- versations with Mr. Gannon about it; Gannon told him that he had been sent for by Mr. ‘Thompson, and that he had gone to Mr. ‘Thompson’s house on the night of the 17th and there found Mr, Thompson, Mr, Costigan, Maurice J. Power and some others, and that they had a dis- chasion as to how they could take possession of the office; at the Court Honse the janitor met tiem snd led the way to the the bindery in the basement; then they broke in the door and got up stairs; Gannon also told witness that he had been sent for, together with several members of his club, and that he had been up several nights; from his conversation wit- ness judged it was on that matter. ‘THK JANITOR DEFENDS THE PAS, This concluded witness’ examination, and Justice Duffy varied his question by asking if any of the ac- cnsed parties would like to cross-examine, To this he received no answer. Mr. Mathias J, McCosker, the janitor in the Court House, was next called, He corroborated the testi- mony of Dowd in regard to the locking of the build- ing and the disturbance caused in the night by the entry of Mr. x “ee? and his friends; witness ‘was in the way of party as they came up from the basement; they did not lay hands on him, but only kept trying to press him back with their stom- achs. ¢ The portly appearance of Mossrs. Thompson and Costigan at once drew the attention of all eyes, and the answer of witness excited a general laugh. Witness next tried to retain possession of the County Clerk's deske, surrounded by a glass parti- tion; he got in there and locked all the doors, re- maining inside; the other parties got a small ladder, placed it against the partition and tried to climb over it; while witness was attending to the intruder another man was put through the window over the desk and unlocked the doors, letting all the party in; then he tried to go out of the building, but they would not let him; at last he succeeded in escaping through a window, and informed Mr. Gumbleton of what had taken place ‘The witness concluded, and Justice Duffy asked the same question, as to whether any one desired to cross-examine, receiving no answer. Mr. Henry E. Knox next took the stand. He was at the County Clerk's office on the morning of the 18th, between half-past three and five o’clock; he had previously been to Mr. Thompson's hcuse, and before that to Juage Davis’; ho Judge Davis’ house about part rest two in the morning, Mr. Thompson having also gone there for the purpose of having his bonds approved. THE ACCUSED REFUSE TO ANSWER, “That makes the case, sir, on the part of the peo- ple,” said Mr. Beach, smiling. “Messrs. Thompson, Clarkson, Costigan and Gan- non, do you want to put in any evidence on the part of your defence? If so, the Court is r to hear it,”” A long silence 5 this question by the Judge, which became more fully sensi- ble as the minutes passed by, the ticking of the clock in the court room being easily heard. nite ® little time hed elapsed, Mr. Beach by asking, “What do the defeace answered Justice Duffy. ey stand mute, as becomes them,” retorted Mr. a “The gentlemen accused will please stan Not a muscle of the four accused gentlemen moved as they remained in their seats with an ex- oft supreme indifference on their faces. The request to stand was again repeated, and an- other long pause ensued. Justice said that if it were not for the fact that he did not desire to make martyrs of the gentle- men he would punish them severely for »b- stinacy. wilt Your Honor permit me to say,” broke in Mr. Beach, “it Your Honor please, these gentlemen are under instruction of their counsel to answer no que- ries which Your Honor puts them. Not having the 01 courtesy of gentlemen in answering which it is a and proper inquiry, the duty of the Court to put to them, and refusing to stand in presence of court in session when Your Honor requests them to, it seems to me that there is no’ to be done except to hold these gentlemen to bail to answer to the offence which is thus confessed and which is now 8o distinctly proven against them, aud I move that Your Honor require & proper and ap- propriate amount of bail from each of them.” COMMITTED BY THE CouRT. “The Court, on the evidence,” said Justice Duffy, “finds there is proper cause to hold you, and you are held eack in to answer.’” The accused tlemen made no reply, nor did they stir from their seats, No bondsmen appeared; no was 01 After looking around the court fered. room @ while and finding nothing to do, the Justice retired to his private room. No attention whatever tly paid to the commitment. Soon after a was circulated to the effect that = the detention of the gentlemen in court, when the taking of the testimony was be- gun, one of defendant’s counsel had immediately one to the Supreme Court, Chambers, before Judge wrence, * procured a writ of habeas corpus on the ground of illegal detention. On investigation this proved to be true, and it was said that » m would be in the room to serve the writ in a few moments. This rumor soon got to the ears of Justice Duffy, who returned to the court room and rapped on the desk for order. “Messrs. Thompson, Clarkson, Costigan and Gan- non,” said the Justice, “the Court understands that you have applied tor @ writ of habeas corpus. If I should faly commit you it would defeat the writ, as you would be committed to the charge of the Warden of the City Prison. I will only commit you to the care of the sergeant here in this court room, and x. = ‘until the writ comes or until you fur- nis! ” Counsel for the sccused parties then came before Justice Duffy and explained that the reason for the strange indifference of the gentlemen and for their refusing to stand up when #0 ‘was the ad- vice of their cou not to recognize tho proceedings orto do or say anything to prejudice their case. The commitment rs wero here made ont and wore handed to the sergeant, and Justice Dutty ‘went out to take lunch, saying that he would return in a few minutes. fore he returned, however, the messenger came from the Supreme Court with the writ of habeas corpus, One copy was directed to Justice Duffy and the other to Sergeant George W. Barrett, of the Fifth District Police Court, ordering them to bring the prisoners before Jadge A. R. Lawrence at the Su- Geen Court, Chambers, forthwith. Mr. John R. Fel- ws was the signing attorney and the writ was at- tested by ubert ©. Thompson, County Clerk. Not waiting for Justice '§ Te. turn the parties wer off in company with two officers of the court, Justice Duffy being totally ignorant of their action, and they not seemin, to care whether he was or not. Taking the elevat railway at 125th street, officers, ners, counsel and reporters were soon whi wn town to the rooms of the Supreme Court, where the accused woe bree to await the result of the argu- Rent on the writ, ha " ™ HABEAS CORPUS PROCEEDINGS, Considerable surprise was expressed by the crowds that usually throng the purlious of the Court House on the fact ming known about noon yesterday that application was to be made to Judge Lawrence, sitting in Su) Court, Chambers, tor a writ habeas corpus in * oeee of County Clork Thom son and his alleged in making the entranc into the County Clerk’s office at normally early hour on the morning Mr. Thompson entered on the discharge of his new duties as County Clerk. The ramor Ee to be true, @ petition such corpus having been placed in the hands of Jadge Lawrence. ‘The petition mainly follows the usual formula of such legal documents. It, however, recites the grounds on which the writ was asked, stating, among other things, that the petitioners are “restrained of their liberty, and the reason or pretence of wach im- risonment is by virtue of a charge made by Henry . Gumbleton of en the County Clerk's offi he ci ot York, strong hands. jon further recites t they “ero now, by an order of Patrick B b one of the police justices of the county of New York, illegally restrained of their liberty, and are under arrest and are in the custody of George W. Burrett, sergeant of the Municipal Police, and in charge of the Fitth District Court squad and of the said Patrick E. Dufty, Police Justices Henry E. Knox, of coun- sel for the itioners, presented the petition and asked that the writ be ted and be made return- able forthwith, direct that the petitioners be brought into Supreme Court, Chambers. “They have come!" was pretty soon the cry that filled the corridors of the Court House, r “What can it all mean?’ was the general conun- drum. As a matter of course, everybody in the Court House followed the geutieman into Supreme Court, Chambers. This was shortly after two o'clock. After the had entered the court room the fact was discovered that there was no one present to represent the District Attorney's office, Some half an hour was lost in waiting, at the end of which time Mr. Phelps putin an ten “The prisoners,” said Colonel Ful lows, another of their counsel, addressing Judge Lawrence, “have been committed by Police Justice in $500 bail each on a charge of having made a forcible and illegal entry into the Court House on a recent oceasion, the gpetoalars of which it is unnecessary to recite to four Honor, The writ of habeas corpus which Your Houor granted was asked for the purpose of their ad- mission to bail. They are here now for that pur- pose, and I suppose Mr. Phelps will not interpose any objection to their giving the requisite bail.” “I have no objection,” said District Attorne; “T have no feeling one way or the other. If the iven it is all right. “Mr. Sheridan Shook,’’ continued . Fellows, “is in nes ready to give the te bail. ange “L sup) »” said Jus wrence,”” ti 4 Shook wit be B24 as bail, but it will be necessary to go to the District Attorncy’s office to have the necessary bonds prepared.” “Gertainly,” reptied Mr. Feilows. “Certainly,” echoed District Attorney Phelps. ‘Lhe parties all then withdrew to the istrict’ At- torney’s office where the usual bail bonds were 8] ‘ily prepared and signed by Sheridan Shook. fudge Lawrence at once approved the bonds and thus ended this branch of the day's legal proceedings. The prisoners were free and the day’s excitement was over. RAPID TRANSIT. A MEETING OF CAPITALISTS TO ORGANIZE A ROAD TO PORTCHESTER—THE ROAD TO BE BUILT BY SUBSCRIPIION AND THE STOCK TO BE DIV{DED AMONG THE SUBSCRIBERS. Alarge number of capitalists and many residents of Westchester county met yesterday morning in the offices of Samuel R. MacLean & Co., bankers, No. 90 Broadway, for the purpose of considering the immediate construction of a rapid transit railway from Harlem River, directly through Morrisania and other towns in Wostchester to Portchester, Mr. Samuel R. MacLean presided, and Mr. J. T. Phillips acted as Secretary. It is claimed that the New York and New Haven Railroad Company are very much opposed to any such proj- ect, and if it were within their power would defeat the movement, as they want to monopolize the whole business. ‘The parties at the meeting yesterday, however, have control of the two charters existing for such a road on the other side of the bridge. One of these charters is called the “Rapid ‘Transit Railway,” and the other the “New York, West- chester and Boston Railway.” They both come toa point on the Harlem River, neur the Third avenue bridge, but the rapid transit railway in its route avoids all navigable streams, while in connection with the charter of the New York, Westchester and Boston Railway, are special privileges to pass over bayous and navigable streams. The Rapid Transit Railway runs inland from six to cight miles from the New York, Westchester and Boston Railway, direct to Portchester, being a straight line to Danbury, Conn., fifty mules distaut, where at can connect with tho new route to Boston, called the New York and New England Rail- road, the last section of which is approaching com- lection. It was claimed by Mr. MacLean that this is Rae shortest route by thirty miles to Boston. The lo- cation of the New York, Westchester and Boston Railway begins at a point on the Harlem River, about two hundred and fifty feet east of the Third avenue bridge, and extends through blocks and fielas on the most direct and feasible route to and throngh the old village ot West Furms into Westchester county, where it can connect with any other line or company orgun- ized under the existing charters. An opinion of Engineer 8. W. Haight, who has examined both these routes, was read, in which he said that no buildings worth more than $800 each would be cut through, and that the obtaining of the right of way would not be a difficult matter. He stated that it would be cheaper to pay ror right of way and to build a surface road with rapid transit than to construct an elevated road. Offers of subscriptions for a portion of the amount of capital required to build the road were made by those present, and the following resolutions were then pted :— Resolved, That the chair appoint an allotment committee of three persons, whose spocified duty will Leto allot « tage of fy ion to those friendly to the en- Serprise or are property holders along the line and their friends. Resolved, That a subscription committee of ton or more be nominated to act with tho Allotment Coumittes, and doth report to au adjourned mevting next Wednesday ut same time and place. In pursuance of these resolutions the following tiemen were appointed the Allotment Com- Parsons, Joseph Park, Jr., and Cockey, Jasper E. Corning, Alexander Taylor, A. J. Penfield, J. M. Masterton, Cyrus W. Field, Charles Lanier, William Garrison, A. MacMartin, L. B. Brown, L, K, MacLoan, Samuel E. Machem, E, H. Watrous and W. A. Seaver. The Allotment Committee empowered to rule out the applications for st of all persons who they judge have an animus «against the road, and will give a proportionate amount of stock to all those who ate friendly, so as to make # sufficient capital to build according to the estimates of the en- gineer. Mr. MacLean said the road was to be con- structed on economical principles, hut at the same time in the most solid manner. The rails will be of steel, and the equipments and appointments will be perfect. At the meeting on Wednesday he expected to have the engineer's estimates for constructing the road, and he said that the subscriptions received would be considered at that time. AN EXTENSION OF THE FIVE CENT HOURS ASKED—LOW FARES FOR THE MASSES, New Yor«, March 27, 1879. To rar Eprron or tHe Henatp:— Was rapid transit designed and accomplishod to furnish transportation, up and down town, prico to come within the means of the masses, and yet at afair profit to the companies, or for the “upper ten,” who would come and go in their hacks could they do #0 as quickly, and who would as soon pay twenty cents as ten cents? If for the former it is practically a failure, but for the latter a gratifying success. Those who wish for the five cont farcs may thank the Empire State's laws, and not the dy companies, for the four hours of cheaper fares they now Ts. Say a person Sogh pea down town every day in the horse cars. This will cost over $30 a your. If business calls after the five cent hours on the “L"’ roads in the moraing, or is over before or after the five cent hours in the afternoon or evening, two fares a day fora year will then cost over $60, a price which the masses cannot afford, and which is not cheap rapid transit. There are thou- sands of working girls and boys, b who would go home to their dinne they goand get back for ten cents. The State and city of New York having given valuable franchises to th roads have a right to demand low fares for the people, and if these corporations will not do the fair thing, the only help is to look to Albany, for the representatives there to take the matters into their own han Let the “L” roads lengthen the five cent hours of their own accord, before they are compelled so to do, which they oventually will be MUTUAL BENEFT. TWO MEN AT EACH SWITCH, New Yorn, March 29, 1879. To rae Eprror or THe Henacy:— Permit mo to say a few words in refer to the accident on the elevated railroad—the cause sup- posed to be a “misplaced switch.” Two-thirds of the accidents on our railroads aro, it Would seom, attributable to that cause, Mr. Cyrus Field said to our reporter that ‘no man is infallible.” True. Bat tor this there is a very simplo remedy. Let two men ok coal on duty at every switeh—one to do the work, the other to see that it has been properly done, That two men would prove to be “not infal- blo” is just possible, but hardly probable. Surel; not only the elevated roads, but all others, coul afford this small additional expense. Let this plan be adopted, and I think in the future newspapers would not record any accident caused by a “mis- placed switeh.”” J. Be THE “NIPHON” TRAGEDY. L The examination of Charles Thompson, alias Owen Hughos, charged with killing Henry Williams, second mate of the American bark Niphon, on the voyage from Cardiff, Wales, to Rio Janeiro, Brazil, came up yesterday afternoon before United States Commissioner Osborn. L. F. Post eared for the accused and Assistant District Attorney Butler for the prosecution. Two of the wit nosses to the tragedy, — lic! Dawson and Robert Frost, were examined considerable longth, and gave testimony in every respect similar to their depositions made before Consul General Adamsou in Rio Janeiro, The examination was then adjourned until to-morrow, when the remaining witness will be examined. In the meantiine, the risoner and witnesses were again committed to Eudlow Street Jail. ‘There is now little doubt that the government will abandon the charge of murder on the high seas for that of mansiaughter, and the accused ix confident that the killing will be proven to have been doue im self-detonce, TROUBLED TAMMANY. Probability that There Will Be Three Tickets at the Blection of Sachems. OPPOSITION TO TILDEN. State Politics Uneasy--Where the Green- backers Hope to* Win. Ever since the election of last November, when Edward Cooper became the Mayor of this city, and the democrats suffered a warning defeat throughout the State, the future of both the anti-Tammany and the Tammany factions has seemed almost equally uncertain, In the one there is mutual selfishness and mutual distrust; in the other there is inade- quate leadership, . It is now that the prophets aro raising their voices in the land and predicting of events tocome. One of these, whose opinions and statements are worthy of confidence, was yesterday closeted for some time with a Henatp reporter, to whom he imparted the startling information that a division is imminent in the anti-Lfammany faction, which will restore to John Kelly the control of the regular city organization and may cause the State to be carried by the republicans in the coming autumn. On the other hand, if the movement is completely successful it will result in the crystallization, 80 to speak, of an independent New York democratic party. ‘The greatest and most ardent motive of the revolu- tionists is the crushing of the ex-Presidential can- didate, Samuel J: Tliden, so that he can rise no more to overmatch other men’s ambitions. The project, if project it be, is probably yet rather inchoate, as will be seen by the interview with one of the con- spiring spirits, which is narrated below. An im- portant phase of the situation is the determination of the greenbackers, with Gideon J. Tucker at their head, to wield the balance of power in the State, which would come into their hands, so as to con- centre about themselves @ new organization which ‘may be just as formidable to Tammany as the “com- bination” of 1878. SCHEMING. If the anti-Tammany faction, compactly organized and possessed of @ confident esprit du corps, were to secure the control and custody of Tammany Hall, it would soon draw to itself a large proportion of the conservative Bourbon element which has held aloof from it, and would undoubtedly be recognized as the regular party. The desirability, then, for them of gaining this¢preliminary victory cannot ‘be gainsaid. Some of the dissatisfied politicians who helped to elect Cooper and now complain of his in- gratitude, declare that he is mismanaging the prepa- rations for the struggle in Tammany Hall. They justly argue that if this be true a brilliant oppor- tunity is presented for them to seize the balance of power in the local democracy, avenge themsclveae upon the leaders who have treated them with contempt and turn it in whatever direc- tion will prove to their greatest advantage. Casting about them they find the greenbackers and certain of the republicans willing and ready to coalesce with them. They say to each other, “The first result of our movement will be to prop up ‘Boas’ Kelly, but the second and all important one will be the’ formation of an independent party, so ardently desired by the disaffected. Those who are reluctant will be forced into it by the certain alternative of republican domination in the State. We wil! get rid of the intrigu- ing element, which never tends to any but personal and selfish ends, and, with good men at the front, we shall be ready to march to the Presi- dential battle field of 1880, with colors boldly flymg and in confidence of victory.” Standing a little aloof and criticising the pices which their own fore- sight has discov to them, there are a class of litical wreckers who will wait to cast yy their lot with the preponderating siue, These gentlemen prophesy that the pres- ent incipieut movement is the first pro- nounced sympton of ® permanent division in the State democratic party, similar to that which began in 1848 and lasted until 1856. “The chief benefit which it will produce,” they say, “will accrue to the republicans, who will elect the next Governor of this State, carry the Legislature and secure the Presi- dency.”” THE COMING TAMMANY ELECTION, At the outset of his conversation with his myste- rious informant the Hxnaup reporter asked: ‘What has precipitated these developments? appreciate the wording of your question,” was the reply, ‘tor I see that you recognize the fact that the movement was not born to-day. It, in tact, had its commencement a short time after the last elec- tion, when it became apparent that many of the principal members of the “combination” would be given the cold shoulder as soon as it might be con- venient. Some half articulated growls were heard, but it was wisely deemed to be best to await the blunders of the Cooper clique, for it was believed that there would be plenty of this kind of capital before the winter was over. have occurred exactly where they were expected to occur, in his political management.” ‘What are these blunders?” “I reter particularly to the selection of his council of action, as it may be called, or council of war, in relation to the coming election of et, Hall sachems, less ae — and os ete ation ot ronage. Within past ten 's three or four pet 3 have been held in "abe office or at the house of William ©. Whitney, at which were resent Nelson J. Waterbury, Andrew H. Green, Villiam H. Wickham, George Purser, Hubert 0. Thompson, Maurico Thomas Costigan, Emanuel B, Hart and others, The propriety of adopting different preliminary measures for obtain- ing control of Tammany Hall was earnestly dis- cussed. A political conspiracy, in fact, has been quietly maturing against John Kelly without the plahiet. rumor of reaching his cars or those of his He “Were Hewitt and Cooper present at these confer- ences ?”” “That I do not know.” Vhat is the conclusion arrived at 7"? “Nothing definite has yet been reached, and the meetings Were not entirely harmonious. The gon- tlemen present had printed lists of the members of the Tammany Society, and the merits of the different men were thoroughly canvassed, as well as what was likely to be their action when called upon to cast their ballots in the coming contest.” “But what blunder have they committed ?”" “You shall see. The tact ot these particular men, who are understood to be the political vassals of Samuel J. Tilden, coming together to the exclusion of other equally prominent members of the anti- Tammany faction wnd laying out a programme for what is called the anti-Kelly element in Tammany Hall, has excited much felling and engendcred a gogd deal of bad blood, which cannot be readily appeased. It is too ‘well authenticated that they are Tilden’s agents; and the men who compose the real strength of the Irving Hall de- moeracy, and who in the last election commanded the only votes which were gained from the republi- can districts, are too thoroughly opposed to him to submit to this star chamber dictation. The men who have the capacity to run the Irving Hall ma- chine are not and never have been Tilden men, but they have tnited themselves to it simply on the eneral idea that it should be entirely free from the faftuence of ‘one-man power.’ THREE RICHMONDS IN THE FIELD, “To what is this discontent likely to lead?” “Those few men, in attempting to shape the action of the whole party in the interest of their liege lord, have raised against themselves an opposition in the ‘Tammany Society ott ae strong as the Tilden in- terest in the irving Hall democracy, and it will de- velop into an organization which will have » mach larger following than the whole of the anti-‘Tam- many party to-day. There will be men in it just as prominent, able and influential as those in the Cooper clique, and they have.determined to ran an anti-Kelly ticket in the Tammany Society when the election of sacheme takes place. Thoy will not be directly antagonistic to Tilden, but will be simply in favor of a continuance of the policy whith was understood as being adopted when the ‘combt- nation’ was formed,” his will be apt to upset the programme of the -Coopel ¥ for sachems in the field, two of them op- posed to John Kelly, and the latter will have a walk GREENBACKER FOR GOVERNOR, “There is still another local resuit to be looked for. It appears that Gideon J. Tucker has had on inkling of the preertive rupture im the anti-Tammany ranks. Ho is tho Fepreseatative man of the green- back party, and has claimed all slong that although differing with the orthodox democrats on ie financial question he was still in other respects as good a member of that party as ever he was. But when he formerly meditated a coalition ho was ex- eluded on the ground that he was not a democrat proper. Governor of the State. Hix following will be m from the democratic party, and will form t work of a new party in the State, a thing independent men have been hoping for a long time, An Op; unity will thus be afforded tor dis- satisfied republicans, straight democrats and inde- pendents generally to combine. Tucker clat that John Kelly will be thrown into nominal lead ship on the other side by this movement. ‘he ques- tion now arises,’ says he, ‘as to whether Kelly has the capacity of aleader.’ It is certain that he has been a leader in the true Kense of the word. He has never had @ following of his own, but has merely represented animosities. His has only beon the ro- fected leadership of Chureh, Beach snd the old © people,’ ‘The aks will be that there will be three | ‘Canal Rin; He has been simply the officer of thi day to the combination against Tilden, LACK OF LEADERSHIP. “AWell, what do you think of this new phase of the greenback phantom?” “That if uil these things come to pass the green- back party will constitute the balance of power in the State. Now it is largely, almost exclusively, composed of democrats. The democratic party wili be cut into halves, and on the eve of the Presidential election, unless something 1s done by the leaders to rescue it, the State will be given into the hands of the republicans. Kelly is not a leader and never will be. He hasn't the needful amount of brains to un- derstand the true relations of causes and effects.” “Who is the leader of this local movement?’ + “L cannot tell you who he is at present. He is a thoroughly independent man aud is conspicuons in one of the best orgwnizations in thiseity. He is one ot those men who cannot be used as partisans of ‘Til- den at the option of third persons.” “CONSYITUZZ9NAL” ROBINSON MUST GO, “Who will Tammany Hallbe likely to put forward as candidate for Governor?” “Constitutional Robinson will be crowded out and Seymour will be pushed to the front. If Tilden, Robingon or anybody else is in the way he must be sacrificed. It is no time now to parley. The defeat of last fall has taught a needed lesson. “How will Kernan stand in relation to the new or- der of things ?”’ “He thinks that harmony may be promoted by the nomination of a man like Seymour, who has had nothing to do with Tilden.” TAMMANY COMMITTEE ON ORGANIZATION. Tammany’s Committee on Organization held @ long session in the Fourteenth street Wigwam last even- ing, at which all the prominent members were pres- ent. After some preliminary business had been dis- posed of Major Quincy, who is chief of the Order ot Arrest Department in the Sheriff's oifice, submitted a series of resolutions calling for the appointment of a committee to draft resolutions to the following etfect;—First, showin; how false reports about Tammany Hall are circulat in the anti-Tammany aud republican press; second, defining the attitude of the organization to Samuel J. Tilden; third, giving reasons why he is not an available candidate tor the Presidency in 1850, Mr. Quincy’s motion was adopted, and he was made chairman of the committee, the other members being Thomas L. Feitner and John T. Todd, of the Twenty-fourth ward. The comunittee will report at the meeting of the General Gommiittee, which takes place on Thursday evening next. POLICE STUPIDITY, THE “FINEST” MAKE A MAGNIFICENT DISPLAY OF HOW NOT TO CLOSE GAMBLING HELLS. One of the peculiar features of ‘the finest police force in the world’’ received a strik'ng illustration yesterday—namely, that in the majority of cases when raids sre made on gambling dens or im- moral resorts the offenders are in ad- vance notified of the coming of the police. The offenders being thus on the alert take good care to remove the evidence against their misdeeds, and when they are brought before the police magistrates they are generally discharged for want of evidence. And then there is a great outcry on the part of the police, who say that they always arrest these people, but that they cannot be brought to justice because tho police justices, for some mys terious reason, invariably discharge them. Great activity prevailed at Police Headquarters yes- terday morning. It was evident that something unusual was going on. The reporters of the after- noon papers rushed over and were informed that a — raid was being made by Superintendent falling on the gambling dens in Ann street—Nos. 1, 11 and 15 on the one side and Nos. 12 4nd 14 on the other—and that Detectives Dilks, Dusenbury, Woods and Hogan had been detailed to capture the gain- blers—in broad daylight. The four detectives pro- ceeded down to Ann street, acting under the direction of the Superintendent, and there everything seemed in readiness to receive them. No. 14 Ann street was the first object of their attack. The door was open. ‘Lhe detectives smiled, but still stcceeded in keeping Up a serious face and pursuing the farce with some- thing like solemnity. They walked up stairs and ar- rested four men who were lounging ut the door and about aroom and not even sitting at a gambling table. There was considerable excitement in Ann street and they were taken before Police Justice Ut- terbourg, at the Tombs Police Court, and that clear- headed magistrate short work of the detectives who appeared as complainants. The men who were Serested described themselves as William Harris, No. 161 West Forty-eighth street; Edward Whitaker, New Jersey; George W. Thompson, Jersey city, and John 8. Thompson, Brooklyn. The following was the col- loyuy between Police Justice Otterbourg and the detectives :— A CURIOUS DIALOGUE. “What's the charge?” His Honor asked, ve found these men on the premises and arrested them. It’s a gambling house, Your Honor,” was the reply. “What evidence of gambling did you find2”. ‘The detectives produced & dealing box and some “counters.” “Was any gambling going on? Did you see any- thing?” “No, sir.” Was auybody sitting dround the table?” (0, sir.” “Was there any money on the table or in the drawer?" “No, sir.” “Do you know who the proprietor is?” . Bir. ‘ “Well, what did you arrest them for?” “We were acting under instructions from the “No, sir.” “Where dia you find the dealing box?” “In the drawer.” “Are you prepared to swear they are common, gamesters or gamblers?” “No, sir.” ; ‘hat complaint have you to make?” “None. We were acting under orders from the Superintendent.” “What were these men arrested for?” ‘he Superintendent told us to go there.” By this time all the clerks of tne Court were laugh- ing, and the thing was regarded as a first rate joke. “You are discharged,” Justice Otterbourg said, and the quartet of prisoners smilingly withdrew. “This is a pretty ease,” said one of the clerks; “instead of going there at night and taking them by surprise the Srey) make a grand display and go down in broad daylight when the men are warned before- hand that they are coming. And then they say it’s all the fault of the police magistrates.”” NO COMPLAINT AND NO EVIDENCE. “There was no complaint and no evidence,” Police Justice Otterbourg said, when questioned by a re- porter of the Hxnatp onthe subject. “It was one of the most extraordinary raids I ever heard of. If that is the way they think they will be able to catch gamblers Lam afraid the gamblers will have a good time in New York for sume time to come.” “But suppose the men had been gambling and just risen from the table?’ “There might still be circumstantial evidence whether chips were tound, whether there was money in the drawer or in the table, aud whether the pro- prictor was known a# & notorious gambling house eeper. But here there was actually not 4 particle of evidence on which to base a legal prosecution, and L had no alternative but to discharge them at once.” CIVIL SERVICE EXAMINATIONS. ‘The long expected blanks for the civil service commission established by the Collector, Naval Oft- cer, Surveyor, Appraiser and Assistant United States ‘Treasurer in this city, aud the forms of which were approved by the President on the 6th inst., havo at last reached this city. Tho regulations adopted were also printed, and twenty rules arc laid down which aré to be observed by applicauts for offic ‘The positions for which applications may be made in the several offices are:—Collector’s and Surveyor’s oifice—{1) inspector, at salary of $4 per day; (2) clerk, at annual salary of $1,200; (3) cleck, at annual salary of less than $1,200: at sulary of §2 50 per day, fal oltico—(1) annual salary of $1,200; (2) clerk, an- nual salary of less than 1,200, sist aut = ‘Treasure: office—(1) clerk, annual salary of $2,000; (2) clerk, at annual salary of $1,200; (3) clerk, at annual salary of less than $1,200." Ap- raiser’s office—(I) examiner, wt annual salary of 1,800 or more; (2) clerk, atannual salary of $1,200; (3) clerk, verifier or sampler, at annual salary of less than $1,200, and openers and packers, at $3 per day. ‘The various subjects of the examination may be uubdivided into classes, The degree of accuracy in wering questions will be marked by the Board on ate of 100, The most important of all the rules commission ix the nineteenth, which revises 2 of August 5, 1873, and leaves the power of sus- jon and recon dation for discharge unre- ed with the nominating officer, He is also au- izod in his judgment to direct any person in lis department to be cited before the Examining Board, and such Board shall examine into and report upon the qualitications, efficiency and general fitness for the position held. ‘Twenty-six applicants for appointment to a vacancy in the Naval Office were served with the fol- lowing citation yesterday et or New Yous, March 2m, 1870. 4 te inform you t Bxaminers to ination fora clerkship of group A, of 81,20) ber annam, under the" Kiles re heruby it re je secretary of the Board as 0 aDpe Yours, respectfully, W. GoURLEY PAST AND PRESENT. “Patrick Fill, you were full last night,” said Jus- tice Flammer to & prisoner at the Jefferson Market Court yesterday, Court Offieer MeSally, who is an authority on Lindley Murray, murmured “Correct” as he passed Patrick along to the familiar words “ten days’’ from the Court. 9 THE COURTS. Important Decision to Creditors and Assignees. SEEKING A LOOPHOLE OF ESCAPE. A Steamboat Inspector's Consideration for Good Character. Chief Justice Daly has just rendered his decision on motion argued before him last month to re- move Thomas F. Wentworth, the assignee, for the benefit of creditors of William B. Burtnett. The ap- Plication was made by Coln, Lazarus & Co. and other creditors, representing over $30,000 out of total liability of $46,000, The ground upon which the creditors based their action against the assignee was alleged misconduct in the discharge of his duty and incompetency to impartially and disinterestedly execute the trust. Burtnett was a manufacturer and dealer in brushes. Mr. Wentworth, a lawyer, waay previous to the assignment to him, counsel for Mra, Burtnett, who obtained in the name of a third party a judgment, on May 3, 1878, by default, against her husband, for about $11,000, under which a levy waa made on the husband's stock which was alleged to be worth over $28,000. It was charged that Mr. Wentworth allowed this stock to be sacrificed for less than $10,000 by per- mitting its hasty sale five days after the assignment, Wentworth, it ix alleged, us counsel for Mrs. Burt- ontrolled and directed the execution sale, with the result above mentioned, although at the same time assignee for creditors. The motion was elabs orately argued by Abbett & Fuller and W. E, Gils hooly, of counsel in behalf of the creditors, and Porter, Dennis McMahon, Mr. Bangs, Geo! B, Ashley and Mr. Wentworth ‘in person on beh of Mr. Wentworth, the assignee. The papers arq Yery voluminous. “Tt appears by them, in additio to the facte above stated, that Burtnett is now unde: arrest and held to bail in the amount of $32,000, im civil suits brought against him by Cohn, Lazarus & Co. Tt was claimed by the assignee that Mrs. Burt. heit’s judgment was for a bond fide claim against hes husband for money loaned him. ‘Lhe main points of theopinion of Judge Daly are given below, and will be found important, as deciding very interesting ques- tions in regard to the relations of assignees and. creditors. “The respondent claims that the evidence in this case establishes a strong prima facie case of absolute ownership in Mrs. Burtnett, such as would be con- clusive before ajury. The impression left upon my mind by the perusal of the evidence is the contrary. The account given of alleged loans by the wife to the. husband to the large amount of $11,342, for which a judgment by default against him was entered and alevy made under it upon the entire stock in trade of the husband five days before he made a general assignment for the benefit of creditors, which property was sold a few days after the assignment to satisfy the judgment, and the proceeds of which were paid over or accounted for to the wife by Samuels, the nominal plaintiff im the judgment, is upon the whole of the evidence so unsatisfactory and suspicious as to leave the i sion upon my mind that the case is that of ‘a debtor withholding property from being applied to the pa; ment of his creditors and securing the proceeds of it to himself by the co-operation of his witeand of his friend Samuels, by having the whole of it sold under a judgment entered up against him upon an alleged claim of indebtedness from him to his wife. * * * This is a case, in my judgment, in which the creditors are warranted in believi that the ciaim of the wife is fictitious, and where they should, have every facility in resorting to any remedy, legal, or equitable, to reach the proceeds of the property for the satiffaction of their debts. Entertaining; this view, then, in my opinion, Mr. Wentworth, who was the legal adviser of the wife as respects the re- covery of the judgment; who admfts that he had the control of ail the proceedings under it; who was; after the levy made by the debtor, the trustee in a assignment for the benefit of creditors, and who! strenuously maintains upon this motion, through his counsel, that the whole transaction was. fair and "honest, is not a trusteo to whom the creditors can look for any aid in their efforts to reach the proceeds of the property. He states that he became the assignee because the debtor could get no one else, which may very well have been the fact after all that was available wa covered by the levy and went afterward to satisty the judgment. Although he was acting as the couns sel of the wife in enforcing aclaim which absorbed, all the debtors’ available effects, he seems to havo had no question in his own mind as to the propriety | ot becoming the assignee for the benefit of itors in an assignment under which there, eould be comparatively little if anything fori their benefit, ax the ‘debtor’s whole stock trade was then secured by # levy under a judgment entered for the beneilt of the wife. The statute gives the County Juage authority, upon the petition, of acreditor, to remove the assignee if misconduct, or incompetency on his part is shown, and that Mr.) Wentworth is within the meaning of this term is’ shown from the relations which he has had to Mra. Burtnett in the recovery of the judgment, in the levy! and sale of the entire stock in trade of the debtor tor satisfy it, and in the belief which he expresses and. may sincerely entertain that the judgment was ena tered up for a just and valid claim is incompetent to, act for the creditors, and a just and froper regard fon their interests requires that another assignee shoul be substituted in his stead.” Judge Daly has, upon the application of they creditors, made an order substituting ex-Judge Loew’ as assignee in the place of Mr, Wentworth, BILL OF EXCEPTIONS. The case of Samuel F. Porry was before Judge Lawrenco, in the Supreme Court, Chambers, yester-, day. Perry applied by writ of habeas corpus for leave to put in bail pending his appeal. Mr. Am- brose H. Purdy, who appeared for the prisoner,, stated the legal points involved 1m the bill of excepe- tions. Perry was convicted by the Court of General; Sessions of an “assault with intent to kill,” and; Captain Williams, he stated, was the perty mainly: instrumental in securing his conviction. Mr. Purdy~ contended that as it appeared from the record that: Charles H. Dorauss, alias “Jack’’ Strauss, the mai witness for the prosecution, was an unpardone felon; that his evidence was not competent, and that. the Court below erred in not excluding it. He also, insisted that the Court below committed error in. refusi to allow proof of an alleged attack upon Perry three days before the act set forth in the ine dictment, Perry's defence being a plea of self-de-, fence. The court room was crowded by friends of] Captain Williams and the isoner. Assistant Dise« triet Attorney Leary argued the matter forthe peox, ple. Judge Lawrence took the papers and the prisoner until Tuesday next, JUSTICE PINCKNEY REVIEWED. Runyon W. Martin claimed to be owner and lands, lord of a stable occupied and built by Thomag Walsh on the circle at Fifty-ninth street and Boules yard, Walsh was summoned to appear before Justice Pinckney, in the Seventh District Court, Franci Cc. Devlin and Ros: D. Hatch appearing Walsh, and ex-Park Commissioner William R. Martin and Vanderpoel, Green & Cumii for Runyon W. Martin, Walsh was turned ou! of his stable, on Judge Pinckuey'’s judgment, which an appeal was argued yesterday at Gene: Tet Mr. Deviin claiming that on the evidence be- fore Judge Pinckney Walsh was improperly ejected from the stable which he had built on the lots of William R. Martin with his consent, and that R. W. Martin was not his landlord. Ex-Commissioner Mare tin contended on his own behalf that Judge Pinck- ney’s decision was in ail respects proper corrects FULL STATUTORY DAMAGES. The jury in the trial before Judge Barrett, im Supreme Court, Circuit, gave, yesterday, a verdict, for $5,000 dainages for the plaintiff in the suity brought py James Leonard, as administrator of his! sister, Sarah Leonard, against she Columbia Steam Navigation Company. Miss Leonard, the sister ot! the plaintiff, was one of the passengers killed bj the explosion of the boiler of the steamer Adelp! on the 25th of last September, off Norwalk, Conn. The verdict was the highost sum allowed ‘by the, statute for death by accident. It is understood thati an appeal will be taken from the verdict. Mre Christopher Fine appeared for the plaintiff and Mes Dennis McMshon for the detendant. SUMMARY OF LAW CASES. John F. Lowis, William J. Parsons and Mario Piete, mann, received discharges in bankraptey, in thes United States District Court, yesterday, from Judge Choate. Daniel Kerrigan and William Gelsheimer, propries. tors of “The Strand,” on Sixth avenue, recently ine dicted by the Grand Jury tor keeping a disorder} house, were admitted to bail in tne District Ate! torney’s office, yesterday, in the sum of $250, Henry Felter becoming their bondsman, Among the opinions just filed in the Supreme Court, General Term, is one affirming the judgmen® in the case of Regina Mansbach against the Metro- politen Life lasarance Company, ‘The action waa. commenced in May, 1876, to ol company to continue in force and effect a pe rance for $6,000, issued on the life of piaintif’s husband, Which’ ths defendant nad cancelled on the allege ground that the + assured had made se. Tepresentations in his application for the sai On tho trial before Judge Van Beant at 8) ‘Torm, judgment was given for 7 tiff, declate ing that no false representations had been made aud that the policy was s valid and binding contract dm, rties. From this judgment dorendant, appeeloa to the General Term, where the ity in Mont, as above stated, was yesterd by Chief Justice aud the t was brought as @ test ci nomber of policies d Charles Strauss appeared for tl Arnoux, Riteh & Woodtord for detendant ‘4