New York Daily Herald from New York, New York on March 4, 1876 · 8
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New York Daily Herald from New York, New York · 8

New York, New York
Issue Date:
Saturday, March 4, 1876
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THE COURTS. Kapid Headway in tbe Tweed $6,000,000 Suit. The Case for the Defence Stibct'in+inllv P!1r?aof1 RENEWAL OF THE MOTION TO DISMISS THE COMPLAINT A Brightly Shining Juror and His Conundrum. IMPORTANT RAILWAY LITIGATION. The great Tweed $6.1)00,000 suit, still on trial before Judge Westbruok, is progressing with a rapidity which, while doubtless exceedingly gratifying to the Jury, at the same time surprises, no doubt, the throng of spectators continum* to crowd the court room. With the exception ol examining one witness, whose testimony could not be taken owing to the absence of the witness, the defence has closed its case so far as relutes to the : gubml.-slon of evidence. Meantime some quei'ions of law are to be argued on Monday, and with a consideration raro iu courts of Justice (ho Jury was spared tlio infliction of listeulug to It, so they wore excused from farther attendance till Mouday. Mr. Charles O'Conor was present again yi stcrday and took on himself the main burden of conducting the prosecution, thereby compelling the other prosecuting counsel to rather hide their dimlnlshod heads. Some delay, however, was occasioned by the absence of one of the jurors. Mr. Field In tbo monntimo road some short epistles Irom Mr O'Conor to the Attorney General, which were offer d In evidenco. Mr. Ramuel G. Courtney was tho first witness called | to the stand. Ho said tic was counsel Tor Connolly In 1873, ami was present at an Interview at Mr. Have- j meyor'a house, and went from there to Governor Til- j den's house, and met there by appointment to consult > about the resignation of Connolly. Mr. O'Conor objected to the eviJence on the ground j of tts Irielevaucy; but the objection was overruled and the witness continued. He said ho went to Mr. Hn vein oyer's house atid had a long Interview with him about Mr. Connolly's resignation and the appointment of Mr. tiroou in his place; Mr. Havcmeyer rofused to give any assurances that Mr. Connolly should not be prosecuted; witness was accompanied by Mr. William A. Beach; Mr. Tildon and his stenographer were present at the time; ho had an Interview with Mr. O'Conor aflorward, and It was j there agreed that any money paid by Connolly to the ' citv was to bo appropriated toward tho payment of what he had taken; witness declined the arrangements j and negotiations ended. Mr. Rufua F. Andrews, next colled, said he had met : Mr. O'Conor, Mr. Havemeyer and Mr. Tilden for a groat ' number of times and they met Mr. Connolly at their meeting room at Delmonico'a; the whole subject of j discussion was as to what was the host tiling for Connolly to do to get out of tho scrupo and ho protected, ! and it was dually consummated by tho resignation of Mr. Connolly and Ibe appointment of Mr. Green in bis place; It was also agreed there that Mr. Tilden should go to tho Legislature; on several occasions Mr. Haveincycr was s; caking of the best mode of getting out of the scrape, and assured bitu that be should ho pro- | tcclod if he did ?- he desired, and Mr. Tilden assonted. j The whole object of this mooting was to secure this i immunity. Mrs. Watson was called but did not respond. A gen- | tic man by the name of Lewis was then called to ex- I plain to t lio Judge why Mrs. Watson was no'present, ; and he told the Judge that Mrs Watson was very til | and unable to attend, and it was finally agreed to take her deposition to morrow morning at lier house bciore J n reli ree. Mr. Klold suggested that as tbey would not 1 be atilo to finish their testimony and argue the law points that day it would be better to adiourn ibis i evening until Tuesday morning, and allow ibe jury to ; go W> their homes. Judge Wealbrook said ho would arrange that attcrward. Mr. o'Conor? Wo don't see the oxmomy of wasting ' any further time in the examination of these witnesses. I 1VV...I .,..r. ..mnnl ....... I an Ml . . pome private person ami the members ol tho King is totally irrelevant. Mr. Field?II you are willing to demur we will admit your demurrer mu let us see whether it is not a legal and good defence. Mr. John H. Stralian was neat called. He said he ! was counsel for Mt>. \V?t?on in the.suit brought against ( her as administratrix, and'he pleadings 111 tbc suit ' were ottered in evidence. Witness noMiitving all the papers i .died lor in the subpn ua was told he might go j Lome antt get them and come hack acain Monday. Mr. A. J. Smith was recalled and briefly examined in regard to some accounts Mr. Spark-. Clerk id the Oyer and Terminer, was then sworn, and produced the record of Tweed's conviction and sentence for misdemeanor and nl tbc pending indictments, all or winch was objected to by the , plaaitltTs counsel as irrelevant, and the objection was overruled. Judge Westbrook i bsorred that much of the tcstirnotiy which he had .vu.itiol under objection Involved certain law points on w'aicti he would pass at the proper j time. A piece of documentary evidence was put in by tho ; deli-nee, a copy ol tim Attorney General's coun- ! term.ind ol the order ol arrest again-t Harvey. Mi Field her" annoiini ed that the rase lor the defence was closed, with the exception of Mrs. Watson's testimony and the pro tucii n of souie papers by Mr. Straban, relating to tier estate. The Jury, u|*.n this announcement, were discharged ' until rue day morning, their presence during I ho legal tlisi usstons on Monday Dctug dispense I will). Alter reei -a the court rooui was crowded more com- 1 partly than ever, and the New York liar was well ; rcprcs- ntcd by numerous lawyers, evidently autlcipatinc a r'cti treat in the expected legal Joust between I?avid liudl -.v Field and Charles O'Conor, the two veto- 1 runs of the liar. j adroit Jarvls, who was Order of Arrest Clerk under Sheriff Itronnan, Rave the dates oi tlie numerous ordeis ' ol arrest against Tweed, Insertion, Garvey ft c'o., and identifled Attorney General Harlow's countermand to tho ord- r of arrest against Gurvey. Mr. Field Lauded in a list ol' the indictments against tho defendant, troin which it appears that there are iw i; I v i 'K?i mo? ] i>; -i :uium vuc ones. Mr. field now ret^wed his motion to dismiss the complaint. nntl spoke at considerable length on Uio : motion. He said they were accustomed to hear from ' the now -j?.iper* there wns no defence; but they paid no attention to it. for all men knew they had no reliable intoruritlon to form * Judgment upon; but tt required an un. nor urhcu the Junior coui.scl in opening. (tnd the s'-inor yesterday tvs-cried it, .iud, In fact, that the defence was all a solemn b.rcc. or vouri-c the Court milled at sin h exhibitions by Hi* counsel; bot it ix only the Jury ore to be alteeted by such talk, as by llioir verdict they will tell us whether ihvy aro performing the |.art the learned counsel xupp sex them to play in this drama. So lar from there being no defence, he moved to diaunsa the complaint, or to give su. h Instructions to the .inrv regarding the amount lor w Uteb defendant nvght be liali'e, and ibns relieve them <>! a part of their ! ilut es. A defence may apply to ihe whnlo demand or t > a !>arl of it. and he would endeavor to show that the platiiiiitx have no at all. and that II they have, il inust be very i> n*lderi.bly reduced Taking up the complaint, Mr. 1'ieid .died at tent oa to the ullcgatlou that the sum oi $0 000 0(10 deposited in the Broadway Bank was drawn Item time lo time, If the allegation wax imiu v'en d, it should i.ot he In the complaint; If It was material. Ihe omission lo prove It was lataL Again, I a conspiracy is charged between Tweed and VVniton to procure these fraudulent bills, but not ono word of ert- , dcnco wax put in that Tweed ever met Watson on Uie face of the earth. It was allinlerential Moreover, ; tb< y cannot sp Ml out one word ever spoken bv Tweed ' to any human being in reference to this Board of Audit i at>>I thp i liifi'f t (ii:kl t ilr 1 rrtit.1v tvorn . .iM.m.ii.,i .... i.1 cover of the Sjicci it Audit act. Tlia only material tc^tiauony wax lli.1t ol the conloii?<'d ti n I (survey. log, r?oll, taken Irom flalo I'nson to testily against the del. mlant, wan axked by the prose* utlag ounce!? "UW yoo ever have a conversation wt'h In- ed ai*>ut the bill* to go before the Spe< ial Itoanl of Audltr'' and bis au-wcr was, "N'o, tlr; I th life not." J lie whole proof was manufactured out of conversation* ol these virtuous men with Woodwnrtl und Walaou. Yet all iheae hills were paraded before the Coup lor six weeks, which biile are alleged as the overt act under the alleged cob- ' piracy The rule Is tb it the roinbimrlou and conci rt meat be proved, or the plaiotill must be nonsuited. The uotnpi.unt alleges tlut "the nut pretended i laiiua. were pn aented (o or examined by ih said Board i ?I Audit," Not one particle of proof of this was given How did I hey know that they were not audited otitic member* of ihe Hoard separately? Why didn't they auk Mi. Hall, an honest man, whom no one accuses now of anyth-ng more than neglect, though there was at one lime a howl of accusation against , ' htm? Kitbcr the Court must rule the alle.tuon i<> bo ' Immaterial or the omission ot proot wax fatal. They ! nikge that "none ol ibo said bllla represented any real j or actual Unbill'iM or Just or lawful demand what- j ever in*)' noisi prove mat in?> nave given no proof mhatevor reutivo to the New Yorit Printing Company and other billa, and for thu rvaton $011,000 mu?t bo truck front tho claim. Taking np on* of the K*y?*r warrant* lor Jit),000, he aid the indorsement *n mlmilied ip lie u forgery, . u 1 tho city l?st notbiiig by (he payment by tho banV II ft could be proved Tared van* .-onrorned in the lorcery j Oil got tho proceed* ha would bo liable, but wiihoul any proof of this it waa yrayoiterotM to hold hiin liable. Tht* covert the case of Mteen warrant* to Keyrcr and other* and the caecr of all tho Iklilloiii name* which logenwdl ligued to billa, if the law hold*, aa coitrtael (bought It did, that ihe signing of false nann 8 to MIIn ir a fergerr fl*e<'DlA ra J'cabodv. 2b. Wendell* HWbou'a a NEAT" YOKJi Cnmloal t-aw, 5T2 and 64$). in this view tnmewoaid be excluded f v,7so, 471 48 from the liability. He next submitted tlial under lb?> law, an regard* the remaining sevsuiy-nine bills, for |3,60b,871 In all, that the county could only recover the amount to which it w.ig damaged; In other words, the overcharge, no mora and no lens. On this point he cited tho case of the Stale of Michigan vs. The Pbtenlx Bank as decisive, and urged that it would be a reproach to tho clvllisa tmu 01 tnis age ii iue county was allowed lo recover lor what It baa got and holds, keeps and enjoys, and make Tweed psy It bark for what It cot. II llns prin. ciple was correct on wliat principle could ihoy recoeer on Qarrey'. bills? Why, he swears bis bills were honest ones. "Why, sir," burst out Mr Field, "it Is nmuz ng. The Impudence of Ibo claim is something nstoundiug. I>o they sock, these houest public prosecutors' does the imperial city ol New York, whose motto is 'Excel- ! lor'?and I hope it will alwayB hold it to the end of time?do these people, representing tho State of New ! York, claim Irom this man, a lugitivc if you will, a ; guilty man, although they once bowed beiore him? and there wusu't ouo of them so nasty now to prosocute that did not almost criuge at his loot; but no mat- i ter?why do they Bcek to recover against him by j bills lor $1,000,000, presented by Keyser, when j he swears thai ibe comity owes him nearly $500,000? 1 wish some of these patriots would oxplam how that cla m against Tweed Is nn honest one. llow"?(turning to the people's counsel)? "how can you dare to ask tho j Court for judgment for a million dollars on Kcyser's | bills whun Keyser, your own witness, swears the county owes him at this moment? For what do you ! want that million? Is it to found a hospital, or a j monument to your own generosity and love of justice, ! or some monument ot the love of justice ol New York Elate and Attorney (leneral who represented it in the year ofgrace 1870?" Counsel next msistod that if, whether wittingly j or unwittingly, In their exuberant real to do something to call dowu the applause of heaven and oarth, or from zeal for Justice, j or their willingness to strike a man once above them, | but now (alien, they have made un arrangement with any ot these alleged conspirators which prevents tliem from pmsecuuug him, it is a bar to prosecuting all the ' luiapimimuuuun' nullum u ..u^u ....... on the lirst trial, that Garvey had testified that tho arrangement had been made with him by the people's representatives by which ho would bo "exonerated lrom all opposition." Among the decisions In point cited was that of Judge Dillon Of Ohio, whom counsel eulogized, A band of praying women visited a liquor man's store to convert bira. lie sued the ladles lor trespass, and what was the answer? "Hir, you have singled out ! one ol these fair females and married her. and not ' being able to sue her, you are barred from suing tho 1 rest"?(laughter)?and tho Court so held. Tho next j point was that tbo acts complained ol were Judicial on I Tweed's part, aud that he could not be attacked on a I civil action. If llM prosecution, he said, was a bona fi'U one by tbo county for the purpose ot getting hack the money which went into Tweed's pockets, not a word would have been said about this; but when be 1b prosecuted as a six million thief ami his counsel abused throughout tho country, and these lies arc sanctioned by iho counsel?I will not say those now present, for 1 would not be Justified. When this is done tbey must take the consequences; and, in counsel's Judgment the shield of Judicial immunity cowers the transaction. It they sued tiarvey or tho others no such defence could lie made. Nay, If they sued Tweed for the actual amount misappropriated by htm Judge West brook here suggested tho law thnt no Judge can sit as such in a case where ho is Interested. tlr. Field replied that Tweed was not interested in these matters only as far ns he was corrupting a Judge; but It could not be said a man ceases to act Judicially the moment ho becomes corruptly Interested. The last point was that Tweed has been punished for the acts complained of a second time. in roply to Judge West brook Mr. O'Conor said, as far as he was concerned, he scarcely thought the argument needed a reply Just then, as It was one on the merits ol the case which might properly be addressed to the Jury. Judge Wostbrook said If any of the other connsel wished to reniv ho would hear ihom on Mondav Tiiv Court then adjourned. COMPTROLLER GREEN IN COURT. The acton in which Civil Justice Kelly, of the Sixth Judicial District, seeks to test tho right of Comptroller Grocn to roquiro the justices to answer coriain Interrogatories under o&tn before delivering to them tho warrant for the payment of their monthly salaries, came up yesterday morning before Justice Dinkel, In tho Fourth Judic al Court. Mr. Groon was represented by Mr. Bell as counsel, and Justice Kelly by his law partner, Mr. J. II. Mackey, tho plaintiff In the caeo, tho lonm r having transferred to him bis right and title to the warrant iu question. Mr. Green appeared In person, but left the court room shortly before tho proceedings commenced to attend to the duties of his ottlce. Mr. Bell moved to vacate the proceedings on a variety ol grounds, but the motlou was demed. Judge Keiiy went on tho witness stand and testified ' that he assumed ottlce on January 1; that bo demandod his salary from .Mr. Guioti, who was the disbursing officer o't the Finance Department, and that he was | asked to auswor certain questions In relation to tho j reception ol lees at the court over which he presided. ; lie further testified that his refusal to answer tho questions propounded was qualified by an explanation I to the effect that he was not required to do so by any law, but that nevertheless ho was willing to answer auy questions or rauke any affidavit if the authority compelling him to do so were produced. He also stated that as a Justice lie had nut received any foes for the month of January, and that his offer to make a j statement had been refused, unless it were given under oath; a meeting of tlie civil Jusliceti of New York bad been held to determine whether , fioa should be received in similar proceedings, but uo ' conclusion was arrived ut. No Ices, lie added, were I charged in his Court, nor were any paid upon the issu- I mg of summary proceedings to his knowledge. Marshal Daly was next called and tcsiitlcd that ho : bad served the necessary papers, at the Instance of tlie claimant, upon Mr. Green, who sent for Mr. Guion, and requested him to hold tho warraut and not to doliver it up under thai process. Mr. Mackay was also examined, and stated that tho claim had Hen assigned to htm and that ho considered tho money as his own, nor in case of its recovery would he bo bound to pay any of it over to Judgo Kelly. Mr Itell then renewed liia motion to dismiss the suit, whicli was denied, and Judge DinKel intimated tliat be wou'd take the pupors in tho case and reserve bis decision. ACQUITTAL OP AUSTIN BLACK. Alter live days' trial in the Court of Oyer and Tcr- ' miner, before Judge Barrett, Mr. Austin Black, charged with subornation or perjury, has been acquitted. The facts upon which tho charge was based having been fully given in the Herald do not require repetition. All of yesterday until a late hour In tho afternoon was consumed in the summing up by opposing counsel and ill tho charge to the Jury. Mr. Charles W. Brooke presented the plaintiff's caso with that convincing clearness as to Mr. Austin's innocence which mado such an indelible impression evidently upon Ihc minds ofibojury that all thesubse- > qtiejit eloquence ot Mr. Phelps, tho" District Attorney, w*s unable to counteract. It was shown positively to be a base conspiracy to ruin Mr. Black. Judge Barrett, In his cburge, instructed tliejurv that such was tho Character ot the witnesses against the accused that their teatimony w as not to lie believed without the cor* rol oraitoii o: nth r witnesses, tin the rendition ol the ycrdi t of a quota!, the throng in the court room gave it their h arty i odors. merit by outbursts of applause. Mr. B in u was warmly congratulated by the hosts of his irtends in attendance. AN ATTORNEY'S IMMUNITIES. An interesting and important lit 'gallon was summ irilv terminated yesterday by Judge Van Biuut, of the Court of Common I'ioas. An action was brought by A. D. Le Kevre against Stephen W. Kellocg to recover $14 KK) and four years' interest on a claim arising mid r somewhat peculiar circumstances, but which claim the dcien ant denied. ft appears that Mr. Lo Kevre owned property in Connecticut, winch rcrtuiu creditors at inched. Mr. Kellogg acting as their attorney. Mr. he Kevic transferred the property lo his brother, who claimed to own it. so as to save the prop erty. Le Kevre agreed to aid Kellogg to obtain n lor the creditors if they would divide with him. Judgment < were l??ued and the property sold for MO.OOO. he Kevre claimed that ihc division had not been made iu> a.-reed iidoii mid sued Kellogg for tbe alleged bil ante. following the opening tor the plaintiff by Mr. U?i?n? in I In- defendant's counsel, Mr Arnoox, moved todi-nusa the romp aim on the ground that an action would not lie apaini-t no attorney-!it-law by tho dofondant in a ami (or bis conduct or tbe action , that ho was tlic plaint IT'S agent and not a principal. The mo- ' tion was granted and complaint dismissed. A HEAVY RAILROAD SUIT. There teems to be no end to salts against railroad corporations. The last In the list that is brought by John K. (iowtn and Pan ei K. Davenport against the Chicago and Western Const rue: ion Company of Illinois and the Chicago, Milllngton and Weatern Ra.iroad Company. Tho latter in bis affidavit alleges that on the 21st of Sep i inb-r, 1HT4, he entered into a written contract with the Chicago an 1 \\ o tern Construction Company for building, constructing and equipping the Chicago, Mililngton nn1 Woaiern Railroad; that payment lor tho work was guaranteed by the railroad company that ho ; erformod lit* part of tin crthtraet, and that tnc other contracting parties have failed toe;rry out their portion of tbe stipulation. Suit has o^ording'y been brought and a payment asked lor of fJko.oO'i against tho two comp.ini'-s n imed. 1 lie aflldavit timber sots forth that both companies are torcign corporations, and application was mart- yesterday to Judge Donohue, or tbe I Supreme Court, tor an attachment against the bonds of the railroad company in litis city, tin the affidavit referred to ;.nd that of Mr. TrancisO. Kr.tnk, agent of McCullorh & Co., bjnkeis, in 1-ondon. the nppitcalion was granted. A long and lively litigation la likely to lollow this important initiatory step in the suit. MEMENTO OF MAXIMILIAN. The old and somewhat threadbare litigation between General Sturm and tlic Atlantic Mutual Insurance Com- ' pan v wai the subject of a lengthy argument yesterday, before Judge I.awr*uee, iu Huprtnc Court, Chambers. ]>uring tbc Mexican war General Sturm shipped a car load of m.mketH from port to a Mexican port, fur the use of the patriot*, hut be'ore they arrived Maximilian lo?t his lite and the cargo not in dt tuaud. . On their wuy back the crew abandoned iho re acl in the Gulf of Mexico, and she aunk with her cargo. The Atlantic and other companies lu the ve?*el ami cargo wore insured refuted to pay fbe Insurance, alleging that the transaction was fraudulent ii?n.?-' : HiSKALD. SATURDAY, J Sturm brought suit ana obtained a verdict and ttio General Term and Court of Appeal*continued It. The new nit i* brought by the Atlantic Company, which haa paid the amount of Judgment into court, and making General Sturm, the captain of the vesiel and other* defendant*, sue* to rebtrain the taking of the money out of court, on the ground that the Iraniaclton was a j conspiracy to set up a fraudulent claim. On both aidca i voluminous papers were submitted and lengthy extracts read from some of thcin. After a lengthy at gamont the Court took the papers, reserving Its decision. AN INTELLIGENT JUROR. All sorts of people And their way Into tho Jury boxes. Shrewd lawyers, however (and very few there are who do not on occasions resort to this species of legal strategy), are very proluse In complimenting juries upon their superior Intelligence, and generally the more obtuse, evidently, the Jury, tho more profuse are theso complimentary phrases. Everybody has heard of the juror who understood the case before him thoroughly except tho meaning of the words plaint!))' and defendant, and this juror, too, being tho ono upon whose 1 looks of undoubted Intelligence chlof reliance was based for just and equitable verdict. A case of one of these Intelligent jurors croppod out rather amusingly on the conclusion ot a trial which has been in progress for several days before Judge Van Booscn, holding one of the trial terms of the Court o! Common Pleas. Tho suit was one brought by ii. If. Frank A Son against the Commercial Fire lnsuranco Company, being ono ot six similar suits against various insurance companies, to recover some (HO,000, lost on ready-made doming destroyed by Ore on January 6, lb74, at No. 04 Leonard 6trent. ' How say yon, gentlemen of thp Jury, havo you agreed upou a verdictV" the jury were asked on reentering the court, aftor having boon absent some two hours for deliberation. "Wo havo," answered the foreman. "We find for $1,G00 for the plaintiff." "I desire the Jury to bo polled," aefced ono of tho counsel, which was accordingly done, each juror to the ; question whether the verdict was his, giving tho usual ntBrmatlvc nod. "I would like, if Your Honor please, an extra allowance," said the successlul lawyer. This request elicited a few minutes' discussion, during which time the Jurors remained in their seats. "Centlemen of tho jury," said Judge Van Hoeson, "you arc discharged with tho thanks of tho Court for_ tho faithful manner in which you havo discharged your' duties." "I would liko to ask a question," said tho sixth Juror, rising slowly and solemnly to his feet. "Certainly." answered the Judge, with that marked politeness which seems to be innate with him. "1 would like to know," asked the juror, "tlio amount of the verdict." "That question comes rather late," responded the Judge, who with evident difficulty restrained a latent smile In his sleeve at tho singularity of the Interrogatory. The successful lawyer came to the rescue and cave the inquiring Juror the information solicited, at which I tho juror was cvidoutly very much pleased, and, amid j the suppressed smiles of those In tho court room, I took up his coat and hat and moved away with all the gravity of a Spanish hidalgo. DECISIONS. SUPREME COURT? CHAMBERS." By Jndge Lawronco. Smith vs. Aldrich; Sperry vs. Hargravcs Manufacturing Company; Tillou vs. Borne; Brown vs. Lyddy; lluskiD va Dunne; Peters vs. Ellison; Manhattan Life Insurance Company vs. Rutin; Jaquos va Kennedy.? | Granted. Mutter of Heed, Jic.?Tie testimony of the witness is | not signed, as required by rule 30. Matter of Frankenstein.?I think there should he a j reference in this case to ascertain the truth of lacta I slated in the petition. I Miller vs. Nichols. ?Motion to vacate order of arrest ! is denied, with costs. Tuber vs. Hovey.? Bond on appeal approved. Strong vs. Casino.?Receiver's bond approved. Man vs. Kiuuig.?Explanations wanted. I Hellbrun vs. Racoy. ? I want tho order which I mado ! In this case. Home Insurance Company vs. Montford ct aL?Does not comply with rule 34. Kayporvs. ItandalL? What is tho necessity for an order to show cause ? Matter of Brecn.?Writ dismissed and prisoner remanded. SUPKRIOB COURT?S|PECIAL TERM. By Chiel Justice Monell. Seaman vs. Mcltcynolds et al.?Defendant's attorney must serve a copy of the proposod order upon the plaiDlllTs attorney, with notico of settlement, which must he lor Mondi'.y next, at hair-past ten o'clock A. M. ! By Judgo Sedgwick. Weber et al. va Dry Dock Savings Bank.?Motion denied, without costs. Allen et al. va Jacob ct al.?Order appblnting Leo- I pold Wallach reccivor. Parker vs. IiArrlson ct al.?Order dismissing plalntifPs complaint and that tho Injunction herein be dls- I solved. Bander vs. Hermann ct nL ; Godfrey ot al. vf. Thompson; blnnkett et al. vs. Applcton et al. ; Humbert ct al. 1 vf. National Mechanics' banking Association of New York; Fields et al. v& Stover Machine Company of the city and county of New York.?Orders granted. Thompson vs. Dolirinan et ul?Order dismissing 1 pl&iutill's complaint. COMMON PLEAS?SPECIAL TtKB. By Judge Kobinson. James VS. Burchell.?Plalntifl's motion granted. That of defendant denied. Opinion. Sus.inua Silbermnn vs. Charles Silborman.?Decree of divorce to plaintiff! SUMMARY OF LAW CASES. Judgo Lawronco yesterday granted an Injunction reBtraluing any further theatrical performances at the ' Chateau Mabille Varieties, In Thirty-fourth street, un- ' til after payment of their license fee. The Globe Mu- | tual Life InsuraDCO Company Is named as ono of tbo ' defendant*. In Supremo Court, Circuit, beforo Judge Donohue, , yesterday, Bdward C. Genet obtained a verdict for ; $622 50 for Ore months' services as an officer of the \ Court of Common Pleas. The defence was that be was ' appointed by Comptroller Connolly, without proper authority; that he was not recognized by any of tho ' judges us un officer of tho Court, and that he did not perforin tho services. A satisfactory case, however, 1 hocn made out for the pluintitf, Judge Donohue directed a verdict for the amount staled. In the case of John G. Hrecn, recently arrested under ! the name of James J. Green, the Incts of which have been published In tho llkKAi.ii, Judge Uiwrencv yesterday dismissed the writ of habeas corpus and remanded the prisoner to Jail. Ho held that the petitioner, having appeared in tho action under which the warrant of arrest.was issued, and having fulled then to take advantage of a misnomer, cannot now attack tho judg- ! moat nor the tlnal process issued under tL Judge Robinson, of the Court of Common Pleas, ' decided yesterday in the suit of Kdwurd D. James against John J. Hurshell that a judge, Ins term of office having expired, cannot subsequently remedy his failure In completing a decision In a case heard before hitn. It appears that Judge cocw, on the 31st of December last, I In the case tn question wrote n memorandum decision, bnt failed to make the proper findings ol fact and conclusions of law. Two motions were afterward made? Otic to return the case to the calendar and tho other to I rctcr tt to ex-Judge Locw to make good his omissions. Judge ltoblnson grants the former motion, but domes the latter. Suit was brought by William F. Owens, a stock broker, against Koztl F. Picket to recover $ 1,533 38, alleged to ha\o*bccn advauced by linn to the defendant to cover his shorts in curtain slock transactions, t he case came up lor trnl yesterday before J itpge Donohue, In tho Supreme Court, Circuit. It was claimed by the defence that the pluintffi represented himself to be In with Gould und others, who hud a "corner" In tho stock. This be alleges to have been false and Intended to defraud him. 'i'hu Court ruleu out tins testimony, nun directed a verdict for (1,570, being the full amount claimed, with interest. / Charles K. Beckwith, the former bookkcoper for Mr. B. T. Babbitt, whom ho is charged with huvlng swindled out of (50(1.000, was arraigned beforo Recorder Hacketl in the Court of General Sessions yesterday to answer to live separate Indictments cliurging bun with having forged his employer's name to two checks upon the Metropolitan Hank, one for (11,050 55, dated Junu ry 21, 1872, and one lor $3,182 40, (luted March 15, 1811, and also with grand larceny and emhesxlcment. In having, on August 4, 1871. dishonestly appropriated a cheek lor (008 05. on August 2.' a second rhcrk for (015 CO, and on January 27, 1872, a third one for (Il,C5f> 55. Tho prisoner, who was represented by Judge Pullerton, pleaded "not guilty" to each ludictoicnt. He was remanded to tbo Tombs to await trial. FIFTY-SEVENTH STREET COURT. He lore Judge Murray. VIOLATIONS OF THE EXCISE LAW. Francis Uarinln, No. 501 Third avenue; Jeremiah I Murphy, No. 62d Second avenue; TLomns W. Valentine, No. MO third avenue; H. J. I'oolon, No. 500 Third avo- 1 nuo; Michael O'llrion, No. *24 Second avenuo; Patrick Kinuey, No. 7*6 Second avenue; Frank Lute, No. 241 East Twenty eighth street; Kt< tiord Wiley, No. 617 Kirat avenue; Christopher I.ynch, No. 247 East twenty-eighth street; Kdward Chapman, No 661 Firm avrnue; Jo*<ph Kerns, No. 48s Third avenuo; Peter Biady, No. 584 Third atcnuo, and Hugh F. Farroll, No. 668 Second avenue, were arraigned, charged with violations of the Excise law. Two olllrors or tbo Excite Hoard made the complaints, and in all caset ewore to having bought and druuk liquor, for the sale o( which the prisoners could show no license. Tbo prisoners hud hern locked upover night in the Twentyflrtt precinct station house, and consequently felt that great Injustice had been done them. They gave cxpre?sion to their Iccliug In court, but Judge Murray said that be and bis collongucs having already expressed ihctr disapprobation of the Injustice they compl uned ol he was powerless to nilord them any satisfaction The prisoners having also complained of he illV ! < H'? up ill UK- prisoners tx>X In aw.lil their turn at the bar tho Court g.tve order* ?o provide au< h pr.eoiiera with a room to thcniaelvex in luture. Tbe prisoner* trcrc bcj'l ca'.ii in $1W bat!, with the exception of Pooton, who w? discharged, it haviog appeared it w.ia irom hn I ai keeper the ofllcer had purchased liquor All Mr. Murphy had to lay In hta deience was thai MITtoer Wendorer hud paid bitn ten ccuta, but had druLk twcnty-Ure centa' worth. a policeman's assailant. Edward McShaflray, No. 402 Weat Forty eighth "* **, was arraiencd on a charae of being implicated fARUH 4', 1876.?WITH SU 1q a serious assault upon OlBccr McDcrmott, on tbe mghtof the 2d ol February last McDormott la attached to tbe Twenty second precinct, and on the night mentlonod be tried to disperse a gang of corner loafers, one of whom, be alleges, was the prisoner. The gang threw stones at bltn, knocked him down and boat him moat unmercifully, so as to confine bltn to his bouse since. The accused was held for trial. AM IMPBOBABLJi STORY. On Thursday night Francis McXamara, aged eighteen, ascended, by means of a ladder, to tho roof of tbe premises No. Oil Ninth avenue and began to pry open ihn a sen I Ha Ua ? ?o ihft aol and hintlotl over to a policeman. His explanation was that he intended to sleep on the roof. Ho tailed to make Judgo Murray believe hi* story and was held for trial HABLEM POLICE COUBT. Before Judge Smith. A PAIR OP YOCTHFT7L HIQHWAY BOBBRES. While Edward Kecnan, of Fort Wa?hington, was on hi* way home from Harlem, on Thursday atlernoon, he wa-? attacked by Ooorgc Leonard and Arthur Wilkie, who robbed him of fifty cents, all the money ho had. Their defence was that ho' permitted them to "go through" him. They were held for trial. TOLICE COUBT NOTES. A few nights ago the grocery store of George Vlenug, No. 1,040 Third avenue, was broken into by burglars and $100 worth of property stolen. Suspecting George Hess, of No. 1,092 Second nvenno, he was arrested end brought to the Filty-soventli Streol Police Court. The evidence being Insufficient to fix the guilt upon him he was remanded to give his counsel time to procure evidence of the prisoner's good character. A STICKY CASE. The government somo time ago seized an illicit whiskey still in Gold stroot, Brooklyn, and among other stuff found on the premises were sixty-five hogsheads ol molasses, which were immediately claimed by tho Arm of Crabb k Wilson, of New York. Tlie government refused to give up ilie property, and an action was brought by tbe claimants in the United States District Court to rocovor tbe molasses. The case was tried yesterday. After a retirement of about two bours tbe Jury failed to agreet MOIIE BIVEB THIEVES. Yesterday morning, at an early hour, Detective Mahoney, ol the Third precinct, Brooklyn, arrested Jolin Waters, Patrick Higgens and Thoma3 Higgone on ! a charge of stealing threo bags of apices, valued at $B0, from tbe brig Louis Clark, Captain Smith, lying at j uairas' ana Koicauon 6 stores. me rogues were assisted, it Is alleged, by Thomas Kelly and Archibald Bell, mates of the vessel. The river thievos were In | the act ot rowing away Irom the vessel when tbo of- i fleers pulled out their pistols and, threatening to lire, I compelled thorn to pull back to the brig and surrender. Water? and one of bis companions have served terms ! in tho 1'enltentiary. Tbo mates, Kelly aud Bell, who, it is said, assisted the thieves, were arraigned with ! ' tbcm heloro Justice Belmar yesterday morning, and were held lor trial A CONFIDENCE MAN 5T" CUSTODY. A DECOY THICK THAT CAt'OHT A NOTED SWINDLES. Tho notorious confluence operator, George W. Maxwell, alias Matseil, Jr.; Plllsbury, Davis or Howard, tnrued up again In his old role oT swindler at the Tombs Police Court yesterday after- ; noon. He had tho samo easy, self-contained manner ' that he exhibited on former occasions. Since his re- j lcaso from the Penitentiary, a lew weeks ago, whero ho had been sent for a term of eighteen months ny j ltccorder hackett, ho has been pursuing his quondam gume. His latest victim was Mrs. Leo, ol No. 30 Waver ley place. Ho callod upon this lady on the 22d of February, said bis natno was Daris, and told her that her son, Hawthorn, who was hold In tbo Tombs on a charge of abandonment, could be released through his exertions; that his wife was a relative of his (Davis') wife, and that upon a presentation ol the facts to Judge 1 Lawrence young Hawthorn would bo given his liberty. Upon these representations Mrs. l.oe called a boarder of hers named Philip Stoncr, whom she requested to accompany tho so-called Davis whither lie wanted to go. The latter took Stoner to the Court House, hut there being no court tbev went thence to Judgo Lawrence's ! chambers, which Davis entered alone, and, alter asking : some trivial questions, emerged with an order lor the discharge of Hawthorn, with Judge Lawrence's name signed thereto. He represented that this had cost him #16, and succeeded to getting $12 from the unsus- , Decline Htoner. Detective Fields caused to be Dublishnd fn an evening paper ol Thursday a decoy , paragraph relating to tho imaginary arrest for , | abandomnent ol a young man, giving tho nd- | dress of his peoffle as No. 7 Varick street. Ho thought , Davis would snap at the bail, and be was right. T)e- | tectives O'Connor and Fields repaired to the locality . , early yesterday, aud, posting themselves in the drug , store opposite, nad the satislaclion ol seeing their man , approach about half-past twelve 1'. M., and while he ] was inquiring for some supposed_ relatives tht- detectives approaclicd and took him into custody. He was taken to the District Attorney's office, whence he wan sent before Justice liixby, who upon an affidavit made out against him, held bun in $?i,500 hail to answer. Davis Is tho young man who some time ago attempted to swindle Captain Williams, of tho Fourth precinct, by representing himself as tho son of e&-?upcrintciidcut , Maisell, and was arrested. 1 , RUBENSTEIN'S SUICIDAL INTENT, j Tostcrday it was found that tho iron wire which sur- j rounds the top or rim of the tin cup in which Rubenstein's coffee Is served bad been removed, and that the tin had bceu beaten back again, so that the cup appeared to he in proper condition. A search was made in the con- ' doomed man's cell, and the wire was found stuck into his mattress. It had been sharpened. The iron handle of the slop pail was also found hidden in a corner ol the cell uuder some cloihes. Every article that Ruhonstein receives hereafter will pass through the hands ol the keeper lu charge. Yesterday his brother Jacob held a long conference with him. Motion lor a new trial will be made ucxt week, when the papers for a bill of exceptions will be ready. CORRECTING A TOLICE REPORT. Nr.w York, March 3, 1876. To Tin? Editor or tim IIsrald:? You had in your vnluablo paper of yesterday an artlclo headed, "Unparalleled Heartlessness," stating, among Other things, that Mr. Gottenberg, No. 171 Henry street, refused every asalstanco to Mary Mitchell during her unsuspected confinement at ms house. The following are the facts, as toid by Mr. Gotten- ! berg. Mary Mitchell and Mm. Brcnnan, who reside in ' the same bouse, and also my own testimony:?Mary 1 Mitchell, who has been but six weeks at service with Mr. Gottonberg, denied being enctinU, but was taken with labor pains about five o'clock P. M. on the 29th ulL Mr Gottonberg applie I at the police station to ! have her transferred to the hospital. He returned in company with a policeman. Her condition was very I bad. Mr. Gottcnberg then called at three diflVrcul I physicians' olDcea, all of whom were out nt the time. i As a lust resort Dr. Powell, police surgeon, was sent I for. In (he interim the child was born. Warm water c was not refused by Mr. Gottenberg. Kor convenience sake, Mra Rreunan lorwardeiTtlie water, the girl being 1 ' on lire third floor, Mrs. Urcnnan on the second and | Mr. Gottenbcrg's family In the basement at the time. Af seven o'clock P. M. I called and found Mary Mitchell ' and the child (a little girl) lying In a comfortable bed, with every necessary artlcls lor her comtort. The room was* dry and warm. 1 again called yesterday and to-day at the same premises and found mother and child doing very well. It Is very strange that you should have been luformod that Mary Mitchell was in a precarious state and had been removed to tbe hospital. Dr. S. CAM.MAX, No. 59 Rivington street. j OFFICER FINNERTY8 DISCHARGE. Nxw York, March 3, 1876. I To Tit* Editor or thr Hrrai.d:? At tbe time of my arrest on a charge of criminal outrage which was preferred against me by a malicious woman tbe entire press announced tho fnct and commented upon It severely. Xow that I have been de- , clared innocent, the statement of the prosecutrix having been proven utterly untrue, and the cose against , me having been abandoned, I deem It but Just to ask that prominence be given to the fart of my honorable I ' discharge. KP.RKIS FINNERTY, | i Patrolman First Proclnct, Municipal Police. ! , LONG ISLAND RAILROADS. The concentration ot the management of the exist J ing railroads of Long Islind into one company has bad i tbc effect ot reviving interest in certain other Iran- j chtaea already granted by tbo legislature. One of | tbatc authonres the construction or a road from the 1 nioutb of Bushwick Creek, at the foot of North Thirteenth street, Williamsburg, to Glcndale. on the line of the present foul horn road, to bo known as the Glcndale Railroad. and another from Richmond Hill, the next station on the Southern 1 road, touching at Jamaica, passing through a cut In I the hills north of that village and sgirtlng the m>nh shore of Ixmg Island to Orient, touching all the Sound ehore villages on the route, to be knnwu as the North Shore Railroad of Long la and. There is talk now ot a consolidation ot these franchises and the immediate construction of the roid, with a branch from Jamaica to the South terry by means of a sunken track from the Junction of Atlantic and Fiatbush avenues. and running through the old tunnel lu Atlantic street. Kastward, for the present) it Is contemplated to construct the road only us far as Huntington t?ut eventually atone the oaura north ahers^ [ PPLEMENT. UTILIZING SALT WATER. A ACCOBDED TBB or TWO SiaTEMS BT A COMMITTEE OB TBI BO ABB 07 AIiPBBMm. There w*i a meeting yesterday afternoon of the copamlttee of the Board of Aldermen appoiutod in accordance with a resolution of the body to inquire Into the feasibility of utilizing salt water (or sanitary purposes and for tbo extinguishing of Ores. The committee consisted of Aldermen McCarthy, Billings, Gross, Tuomev and Howland. Mr. Thomas Miller, who had sent a communication to the Board of Aldermen on the subject of utilizing salt water, was first heard. He was not prepared to consider the question from a scientific standpoint, nor has he now u plan to present, but be was satisfied that salt wator was more effoctlve In extinguishing fires than fresh water. As to the objection of some persons that salt water was more damaging to goods than fresh water, he replied that it was vastly better goods should ne damaged than reduced to ashes. No one doubted that at present the fresh water supply is not sufficient He alluded to the fatal fire in Centre street a few years ago, and said the loss of life then was chargeable to the want of wutcr. Were there to-day a great conflagration In Ann street or in Wall strcot, where the supply is very small, be believed thore would be great destruction throughout tho lower part of the city. The Chairman asked Mr. Miller whether he knew that ordinances had recently beon passed authorizing the laying of additional mains, and whether il such mains wore laid tho supply would then be sufficient? Mr. Miller answered that bethought it woviiM be a long time before sucb work would be completed, and that meanwhile the danger continued. Besides, this work would probably cost $20,000,000t Ex-Commodore Jonas P. Levy next presented an argument In favor ol tho uso of salt water. About 300 [ miles of Croton pipes are now laid, costing on sn average $0 per loot. To introduce salt water i about 2<X> uiilcs of pines would be required I of two sizes, wlilch he specilied. When introduced the salt water could be used lor wuslung purposes, to eleanse tho sewers, Ac., and In this way a saving of twenty live per cent of the fresh water supply could bo effected. Tbo Commodore roproscnted the interests of a number of persons who had a biil introduced into the Legislature three years ago, proposing the incorporation of a comjiany to he named the Salt Water Supply Company. Tho bill contemplated, alter $1,000,000 of stock had beeii subscribed lor. with twonty five per cent paid up, to eroct s reservoir at Curinansviile, which, nt an elevation of 200 feet above the Buttery, would provide at that point a pressure sufficient to > throw a stream 10U foci hu ll. For ilio assumed ben. I eflts ol such a system it was proposed to tux each freeholder twenty cents n Toot for land fronting on the streets and alleys of the city, every tire insurance com- j pany $200 per" year, every marine insurance company | $100, every ocean steamer $8 annually, and every j coastwise vessel $10. Commodore I.evy read a letter from Mr. McF.lroy, the Chief Kugineer of the Kings County Public Works, stating that about the time the bill was introduced he made an estimate of the probable cost of the work contemplated, and sutnmod up all the expense at ' $8,000,000 lor the entire city. In conclusion tho speaker submitted an article from the Hrrai.d oi February 26, giving, with other par- ! ticulart, tho estimates of the expenses to ho Incurred by the additional work authorized by the Hoard of Aldermen. This sum. It witl he remembered, Is about $10,000,000. The whole suhjoct, he said, is now before tho Hoard of Underwriters. Mr. Joseph Hlumcuthul, who Introduced the hill, 1 was in ibo committee room, and boing asked by tho Chairman whether he desired to say anything oil the subject, stated that the bill oatne to htm so well recommended, and the project seemed so feasible, he presented it, but did not commit himself to Us pro- ; visions. Mr. F. A. Peterson, on behalf of the Holly system, reviewed the evidences of insultlcicnl supply discovered at tho lale Hroadwav flro. It occurred at an early hour; tho day was calm; the chiefs were early on bund; the hydrants were not frozen: there was no other tire i in the city; the streets were clear, so thai the engines bad no difficulty in reaching the spot?aud yet the tire was not checked until property worth millions of doi- i* lars was destroyed. Tbo ono explanation of ibis great dlOlculty was the absolute waut of water. As a remedy the introduction of the Holly system was advocated, j rno speaker proposed to lay Ironi Fourteenth street to the Battery, along tho North and Fast rivers, on either Bide, a twenty.lour Inch pipe, with branches running out into the rivers. From this were to be run through | i each alternate street to Broadway, ou both sides, an eight inch pipe, so that a hydrant with fifty feet o! hose could bo placed on every corner along Broadway, it is further proposed j lo place similar hydrants through the ouliro , distance mentioned MK) I eel apart and to erect two of . , [he Holly machines, which would require a space of ' ] llty feet square each and by wliosc aid 140 streaths could be a! auy moment sot in motion. Tho hydrants , to bo omploycd arc frost proof, the speaker said, tbo j screw that 'shuts off their supply driving tlic water i down below tbo frost line. The machines are kept . perpetually in motion, working slowly. When there ; ; arc no demands on the pipes (or flro purposes I , 20,000,000 gallons per day of salt water can be used for . cleaning the sewers and sprinkling the streets. The cost ol pipes, machines and the completion of the , whole work, It was stated, would be $1,000,000. At this point it was voted bv tho committee when ' (hey adjourn to. adjourn until Monday, at half-past two o'clock, and lo invite to thcuext meeting the 1'rcsident | of the Kiro Department, the Chief Kugiuccr of tho Croton Aqueduct Department, the President or tho ! , Board of Health and the Commissioner of Public Works ! TIIE CITY OF GALVESTON. ' ; Messrs. C. H. Mallory stated last nlgbt to a Herald j reporter that they bad not received any further tidings respecting their steamship, the City of Ualvcston, Branded on the 5th of last month at Marigunna Island, in the Bahamas, and knew not whether she had bilged or bad been hauled oil by the wreckers. The general ! mnPASkion in flhinnini' < irrlns \* thnt ns dm Miore very light, having little cargo In her and being lost dry at low water the chances of gettiug her off ire very small. A number or the passengers and crew ; Iroin tho wrecked vessel who were taken over from S'ossnu to Savannah in tho steamship Leo are expected lo arrive hero next Monday in the steamship H. Living- : u'jlie, froni Savannah, which lelt that port on Thuis- ; lay. MORE FRAUDS IN PATERSON. More frauds in the tnx business were discovered yes;erdav in Paicrson. H seems that during the past ;hrcc years the Merchants' Loan and Trust Company it that city had paid their taxes to ex-Tax Coainns- ; doner James Hand, now In tho State Prison, who took Ihc money to the City Hall and then relumed Ihe re;eipts to the bank, lint an examination of Collector A. S. Allen's books shows a credit of only ten per cent Dfthe amount paid by the bank. This certainly places ihc Collector In a bad position, but he Insists that is all he received, and lays the Iraud elsewhere. The theory advanced is as follows:? i The assessments or tho bank for the past three years have been $00,000, $70,000 and $75,000, respectively. Take the latter sum. and say the tax amounted to j $1,905.00; Now. if, before the hill and money were handed to the (.olleclor, the last cipher were'erasod ; from the $75,000 it would make it $7,500. A ciphor oft the valuation would likewise tako one off the tax. < Say, therefore, that the $1,005.00 tax was thus re- i auced to $100.50. Then, niter the receipt w.-u signed, | a cipbor could no mined both to tbe assessment ami 1 Ihe tax, the dote (not previously put In) put in the proper places, and llierc would lie a b-mn Jidr receipt (or f l.PrtMH) tax on an assessment or $75,000, whereoa oniy 1196.60 bad really been paid on an assessment of < ('.sou. Whether tbta be the true theory or not, the fact I* certain that the city has been swindled out of some $4,000 iu this manner by somebody. The affair, which Is creating considerable excitement, will be the subject of n rigid investigation. The 1'alcrson Board of Aldermen met last night to investigate charges of malfeasance in office prelurred j against Tax Commissioner Thomas Bromley. No result had been reached at a lato hour, but the Impression was that the evidence was sufficient for his removal from office. Indictments lor the same offence are now hanging over Burnley, which will be tried at tbe next session of the court. SUICIDE IN HOBOKEN. < Ycsterdsy morning at nine o'clock Police Officer < Hammond discovered the dead body of a man hanging i In a woodshed adjoining the Sinclair Honse, In Wash- i Ington street, Hoboken, near the Delaware, Lacka- ! ; wanna and Western Kailroad. His feet were touching , < Ihe ground, while the rope around bis neck was badly : adjusted. The body was cut down and It was frozen t stiff from exposure. It was ascertained that he oh- [ i tamed on Thursday a piece of ro|>e about a toot and a half in length at Gregory's stone yard near Kerry street, rim he fastened to a nail lu tho wood yard and the , Dther end round his neck. The body was* conveyed to j the Morgue. The deceased was about forty-five years ; or sge and apparently a German. His complexion was I dark, his hair brown and his mustache blonde and very . heavy, it Is thought that poverty was the cause of bis suicide. Nothing was found in his possession to ! . lead to his Identification. DISUll ACEFUL SCENE. i Somo time since Etull Hoesnorr, of Hoboken, eloped i to this city with the wife of Charles Waltber, of the j mine place, lloesncrr took Walther's furniture also, and subsequently look rooms with his paramour in Meadow street, Hoboken. Tbo husband got a replevin for the furniture and went last night to tako posses- j ston. A grand fight then ensued for the possession of , the goods Deputy Sheriff Targeman drew bis pistol nud said he would lire II any resistance was offered. > Mrs. Walthcrand her adopted husband then retired, ' leaving Mr. Waltber and me Deputy In possession. During the eicitenccnl previous to the plntoi drawing Hoeanerr kicked and beat Waltber In a moat brutal saanner. - * A . mm "I ... "I THE THIRD AVENUE BAN? ? TILE \yiLLHM A. DAIS LI NO AH? SP2KCEB X. QAKEM AM.FOKD PKRJCB? CASK?EXAMINATION TBHTXBDAY ?DISCREPANCIES DISCOVERED. The adjourned examination in the cane of William A, Darling, Appraiser of the Port, and Spencer K. Green, jointly charged with perjury In falsely swearing that the assets ot tbe Third Avenue Savings Bank exceeded Its liabilities by over $300,000, when, us alleged, there was an actual deficit ol not less than $100,000, came up yosterday belore Justice Duffy, at the Tombs Police Court. Tbo examination room was pretty well filled. Mr. Darling was rot present, but his co-defendant, Mr. Green, was there. Messrs. Robert Sewell, Abram Wakcman and ex-Judge Dittcnhoerer appeared as counsel for the defendants, and Mr. Ashbel P. Fitch and Robert A. Van Wyck for the prosecution and the depositors. One of tbe latter, Mary Flood, who lost $500 by the failure of the bank, was present during the proceedings, with Dr. Strew, of Lexington avenue, with whom she has lived for many years as a domestic. Colonel A. Sellers was the first witness called. He said he was employed in tbo Third Avenue Bank uuder the receiver; he identified the books of the bank produced in court and bad examined tho report of tho bank signed by the defendants and compared the contents of tho books of the hank Witness was asked what was the result of his investigations aul counsel lor the defenco objected on the ground that the question wag incompetent. Tbe paper which counsel lor the prosecution sought to put iu evidence was an unaullicutlcated copy of the report, purporting to be signed by Doputy Superintendent of Banks Latin. Counsel for the proseeiitiou replied that tiie objection was merely technical, and be could, it he was afforded time, prove that It was a duly certified copy of the original report Justice Dufly said that inasmuch as the paper had on it tbo seal of tbe Banking Department lie would admit it Mr. Benjamin A. McDonald, or Railway, N. J., was called. He said he was an expert in bookkeeping and had examined tho report already referred lo. signed by Messrs. Darling itud Green. Witness hero read the following Item from the report:?"March 17, 1871? Real estate, furniture and fixtures; market value standing on books, $242,495 97." Tho witness was then asked to compare that entry with what appeared on the books. Counsel for tbe detence hero objected again. The witness, In reply to a question, stated that the amount duo the depositors In the bank on January 1, 1871, was $6,959,363, and thai figure corresponded with tho entry In tho report. In answer to other questions the witness explained that tho general ledger used ill a bank contained the collated daily individual deposits from ditlerent books, which were transferred from them to tho lodger; tbo readiest way to ascertain tuo condition or tne bank would bo to look at tho ledger; but In order to make certain how the bank stood It would be necessary to examine the dealers' books la detail and compare tbe figures with tbo entries in tho ledger. The ledger ot tho bank represented tbe figures in the report and ledger to tally. Mr. Mcl>onald was about to read a statement of 18(18 when Judge Dillonhoofer objected. They did not want to go back to 18(58. Mr. Darling was only secretary ad interim for a few weeks. Mr. Fitch replied that Mr. Darling was bead and cars in the treasury of tho bank from tho start, and he called (or the reading of the entries. Mr. Dittcubocler hoped the gentleman would not Indulge In an uncalled for diatribe against his client because of political aulagonism. Mr. Filch?1 am a republican and so is Mr. Darling. Mr. Dittcnuocfer?lie was always your dreaded rival, however. Justice Duffy (decidodly)?Here, here, geutlomen, tills will not do. I will not permit politics to be inlro-' ducod in any manner In those proceedings. Mr. Diitchhoeffcr held that it was immaterial what were the entries on the books and whether they were subscribed to uudcr oath ; that would not constitute perjury. After an argument between counsel Justice Dnfiy decided thai anything in the report which woulu havo a tendency to mislead the officials at Albany or the public would rightly come under tho offence charged. Mr. McDonald then read from tlie bank ledger a counter statement of the assets of the bank on April 3, 1863. The entries sliuwed on profit and loss account a loss in real estate of $100,000. The statement showed,an Jantt<ry 1, 1811, cash on hand not deposited in bank $173,396 03. On the cash book that item stood $380,191 37, a difference between the two items of $106,596 24. The witness went on to show Irom the books that a deficit of $66,000 existed for years and was never reported, and all this timo Mr. Darling was auditor, secretary ad Interim and a prominent trustee; The book* further exhibited the fact that the real estate of the bank, which was about $100,000, was increased by a false entry to $200,000. Among the items of assets was an item of $113,000 of interest due but not collected. This the hooks showed to be entirely false. This very item showed upon the books as i loss, and should have been charged to the profit and loss account. At this stage an adjonruiuent was asked for by the counsel for the defence. They acsired that the case go over until Monday next. Justice Dully said he could not grunt such a request, rho case must go on without needless delay; it was Important that it should. The statute of limitations affecting this proceeding would expire on the 14th lust. If bo should deem it nccoseary to hold the defendants after hearing all the evidence, ho wanted that the case in that event should be In the bands of the District Attorney in pro|>er lime. Ho would, therefore, set down the furibor examination of the case for to day at throe 1*. M., and, If necessary, ho would sit until midnight to hear the case through. This ended me proceedings ot yesterday. Mr. Darling came Into court beloro the adjournment was taken. The papers in the cases of John Lyon, DaDiel Bates, David Morgan and W. d*Carman, all charged with per|ury in connection with the Third Avenue Savings Bank, arc now in the hands of the District Attorney. THE WALLKILL BANK DEFALCATION. The interesting revelations in connection with the management aud managers ol the W.illkill National Bank continue as the examination into its affairs, helore Kogister John W. Little, No. 4 Warren street, progresses. It has been shown that quite a large number of pcrlons deposited bon is in the bank for safe keeping, and it the time the bank failed all of the bonds, amounting in the aggregate to about $30,000, had disappeared.; [tummies to tiio extent of over $100,000 were found, file original capital and surplus of the bank at the iluio [hat Graham was made I'resident were over $.100,000, but all the money, security, bonds, Ac., that were round by the examiners after the failure amounted to less than $100. a large part of which was in mutilated mrrrncy. This represented all the funds that the bank possessed. When Graham assumed the l'residcncy of [he bank he did so with the understanding that tiio :apiul should be increased. The capital hud all been paid In. It seems that Alfred Slaws -n, the teller, several limes rfoliced tho discrepancies aud Irregularities which jeeurred on the books, and as often called the attention of the President und cashier to them. Graham ind Uorton, the ca-litcr, did not like to bo thus interfered with in (heir schemes, and one day Hortou In ' . - ......... - ??? " - " ??< >? ttoy, but if lie wanted to retain Ins place ho must do as lie was to'd, and not meddlo in matters that did not concern bim." After that, through fear of losing his nutation, Slawson kept liis mouth closed in relation to ilTairs connected with "bad bookkeeping." The evidence shows that Graham was a habitual poker player, and whenever he lost in any fume in which be participate! lie would pay tua debt by a hank dratt on some New I'ork correspondent of the Wallkill National Bauk. signing it as "President." No charge watt at any time made against his nccouut on the books of Ibc bank, however. This shows what complete power lie had in the control of the books and what i-erfect confidence the directors had in him. When Graham was State Senator ho secured for a Now York politician the position of Harbor Master of New York. This was done with the proviso that the persoD for whom he obtained the appointment shonhl pay to him half ol all bis fees. The Harbor Master performed hig'ngroement faithfully during the time that he Held the appointment. atid when he went out of office Graham attempted to lorce btra to conilnuo to pay the monthly stipend. The examination will be continued next week. BUSINB6S TROUBLES. Messrs. Samuel Shetbar aud Martin Bales, of tlie committee of creditors appointed to examine into the iffairs of Henry M. Silverman, manufacturer ol fure Mid caps, of No. 554 Broadway, who suspended Wednesday, have found that the liabilities amount to tboul f240,000 and the assets nre estimated at $130,000. rhcy believe they will ho able to pay thirty or lorty cents on the dollar. A meeting of the creditors of Fairfield k Trask, batter dealers, of No. 160 Chambers street, who made sn issignment three months ago to M. Foisom will be held on the 16th task before Register Fitch, at No. 346 Broadway, to prove their debts and elect an assiguce. me lOUOWing aro me principal creditors:?A. U, Luckov, $1:2,083; Butler, Evana * Co., $7,880 36; Sew York National Kxcnanse Bank. $7,3><0 78, C. F. rreteen, $8,132; Mcrcbanta Exchange National Bank. $5.,S0U; Havcmcyer Brothers, $5,401; Pacific National limik or Council Blurts, $6,000; Importers andTradcra* Satioual Bank, $4,830, Dclamater Cutningsfc Winacr, $4,231; Martin k Brother, $3,544. The liabilities amount to $60,000 and the asaou to $111,000. The firm of Brake k Colby, grain merchant*, at Na 96 l'earl street, has beau adjudged bankrupt on the petition ol nine creditors, whose claims araonnt to $81,000. The lollowing are the principal petitioning creditors?Robert Craig k Co, $19,630; Brown Brothers, $0,080; Bell k Smllhers, $6,083 10; Harper k Goodby, $7,979 40; Merchants' Bank or Canada, $8,813 30; Corn Excnango Bank, $6,000; M. Morgan's Sons, $3,096 90 Mr. Samuel Sheihar, the assignee of YyseACo., straw gooda, of No. 537 Broadway, who failed last Juno with liabilities amounting to over $1,600,000, expects to psy the first dividend, smtUDttn$ to ten per cent, during the present month. Tne continuation of the examination of Henry Stela, [CONTINUED ON NINTH PAGE-l *

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