The Brooklyn Daily Eagle from Brooklyn, New York • Page 6

oharacter of the representatio i whether It was i JUBILEE DAY. 01 4 O'CLOCK EMIT DECAYED FRUIT SHE IS ALIVE, and persecution during tho fifty years of Victoria's reign. A catafalque and a coffin wero placed In tho rear of the church. Tho Rev. Father Larkiu was oelebrant, assisted by the Rev.

Father Dougherty and Kearney. A funeral sormou was delivered from tho Btepa ot the altar. Q. What month was It If you recollect 7 A. It was in tho mouth of May.

1884? A. Yos, sir. q. Whero did it take place? A. At Fire Headquarters.

Q. City of Brooklyn A Yes. Q. Now state what was said at that conversation 7 A. In relation to Jlr.

Cooper's not having come to ating Company or Popo, Sewall said Illuminating Company to establish and maiutaln a ystom of electric lighting. Mr. Tracy As sajd illuminating oompany 7 Tho Court Yos, tho Illuminating Company or Pope, Sowall Co. as said Illuminating company. Thoso are the resolutions.

Jlr. Tracy Thon I take the same objections on the ground that it doos not sustain the allegation in tho indictment, because tbo indictment alleges that it was to obtain a frauchiso for the Electric illuminating Company to conduct and carry on tholr business lu tho City of Brooklyn. Now, in the first place, tho City of Brooklyn has no authority to grant any such franchise. No such frauchiso Is known to the law. Therefore, anyreproaontstlon that it was necessary to have money to procure such a franchise is no representation, at all in law; bo cause tho City of Brooklyn has no power or authority to grunt such a franchise.

This is a misnomor as used iu tho Indictment and a1! used iu the resolutions. And then I object on tho further ground that the resolution does not purport to grant to the company a right to carry on and transact its business in the City of Brooklyn. It ouly consents or purports to givo the consent of tho City of Brooklyn to tho use of its stroots for that purpose. The Court Titers Is another set of resolutions, General, connected with the eamo resolutions. Mr.

Ridgway I didn't go as far as that, your Honor Tho Court Thoro Is another set hore. According to my understanding of the resolutions from reading them they aro all to be taken togothor. Jlr. Tracy Certainly. Mr.

Ridgway Wo aro not trying tbo question as to tho right aud power of the Common Council to grant tho franchise. We aro trying a very simple question tho question as to whether this money was obtained from Mr, Popo by Mr. Novins by deceit and fraud, pretending that it was to bo used In tho urtnerauco of tho interests of the company in somo way. Jlr. Tracy Yes.

Mr. Ridgway I would not care whothor tho City of Brooklyn had any power or right to grant tho franchise. Tho Court You aro confined to the allegations In your indictmout, Mr. Ridgway. That Is beyond all qii08tion.

You can't depart from that. That is, the indictmout says that it was necessary thnt a certain sum of money, to Kit, tho sum of 4.i!00 should bo paid to certain porsons forming tho said corporation known a3 tho Citizens' Electric Illuminating pany, of which eaid corporation Henry W. Popo was then and there a member, and that said sum of money was delivoroil to said Novins for tho purpose of procuring a frauchiso from the City of Brooklyn and tho Board of Aldermen for said Electric Illuminating Company to enable aud authorize said clti zone Illuminating Slectric Company to conduct and But Her Son is Sorry He Didn't Finish Her, He Smolrs A Cigarette After Shootfaff His Mother and Attempting to Kill Him self PoUorTinfir in tho Footstops of His Suic'de Father. John Hayes, of 10 Adelphi street, was pass, lng the house at the corner of Adolphi etreot and Flushing arenuo at about 8 o'clock last evening whon he honrd four pistol shots firod In rapid sue cession followed by a woman's screams. Hayes, followed by a dozon others, hurriedly ontered th hallway of tho home 1 Adelphi stroot and started to go upstairs.

Half way up tho socond flight Hayes mot a woman, who provod to bo Mrs. Frodrlea Eng borg, a widow, 52 yoars old, coming down tho stairs. In hor right hand sho hold a revolver while the other hand was pressed to hor side. Ifayos tooS away tho pislol and placing Mra. Eughergln a room ou the second floor continuod his progress upstairs.

Iu tho front room ho found John Eugberg, the 23 yonroldfion of tho widow, reclining on a lounge apparently oblivious to his Burrouudlugs. Who fired thoso shots assod Hayes. "Why, I did, of course," replied the. young man coolly. At this momout Offlcor Cadley, of tho Socond Dls trlct Police Court, ontcred tho room.

Kngborg said that he had shot his mother twice and added: Hero is whero I shot myaolf," pointing to hii grolu, "and I hope it will finish me." Cadley then placod Engberg undor arrest and started for th Myrtle avenue Police Station. Near tho door hi met Detective Shaughnossy, to whom he turned ovor tho prlsonor, and then returned to tho houss and looked aftor Mrs. Engberg. At the police station, lu answer to questions put by Captain Me Kolvey, young Eugberg said that ho loft his hom on morning last to go to his work at J. W.

Pratt printing office, at tho cornor of Gold and Fulton streets, New York City. After his day's work was douo ho started on a spree, and aftor spending his week's wages exchanged his suitoi clothes for a poorer. With tho money obtained by tho bargain ho continued having a good time. When I came homo to night," ho said, my mothor asked me whore my clothes and money were. 1 answored that thoy woro gone, and aha said, You aro going, too.

You aro going from bod to I eaid, you are going, and drew my pistol and shot hor. 1 thon placed the pistol to mj groin aud shot myself. Mymother took tho pistol away from me and ran out of tho room." Was Bho a good mother to you 7'' the captain asked. Sho was the best mother in the was thi reply. But you don't understand tho cao.

Mothoi was always complaining of trouble jlnco my father committed suicide thirteen years ogo. I thought it was a good way to put her out of hor troubio, 1 1 i 1 I THEY WANTED TO LYNCH HIM. An Excited Crowd Endeavoring to Arenge an Assault on a Yotins Mam. Patrick McGibney, a young man of 22, living at 108 Kent avenue, was assaulted last ovonlngon the corner of South Fifth street and Kont avenue by Patrick Cuslck, 28 years old, of 71 North Third stroot, and Michael Shoohau, 23 yoars old, of tho some number, and seriously Injured. Offlcor Ward, of tho Fifth Proclnct, had the man removed to tho Eustorn District HospltaL A large crowd had gathered and thoso who witnessed tho assault said that It was entirely unprovoked.

Cuslck was discovered by Officer Ward in Havoraoyor'a Sugar Refinery and arrested. As soon as the officer appeared with his prlsmor thoro were crleof Lynch him, lynch him," and despite tho offl cor's efforts to protect Cuslck tho crowd got him and dragged him along amid great excitement. Tho offlcor managed to rocapturo tho prisoner and got him to tho station houso, where ho was locked up. Sheohau was arrested lator. This morning both were arraigned before Justlco Naeher, but as McGibney rofusod to mako any complaint Shoehau was discharged and Cuslck fined S.

TEE BEECHER MltNUHEXT. Additional Slowly Swell (he Fund. The Beecher Monument fund h8 recoived some further contributions. Tho following statement shows tho total amount collected so far: Previnuslyrncknowledgad by tho Eagls Sl.BSI.lC Mra. fcorbuali 2.00 Previously ncltnoirlediiod by Mr.

Ropes 21,150.82 bt. Peter's Cnuroh. through cominitioe, Messm. Porker, Hud and Ivin i 22G.C0 Box collections! c.43 Totsl Gmnd total .823,515.01 DAN PRATT DIES The Great American Traveler's Career Closed. His Earthly Wanderinirs Ended by Pnraly sis in Ihe Bos'oa (ity Hospital Tiio Old Man's EccentrlciticJ.

Boston, Juno 20. Daniel Pratt, known nil over the Unitod ijtatos by a tltlo of which he was vory proud, Tho Great American died yosterday at the City Hospital from paralysis. Tho body was placod in the morguo, nnd up to last night remained unclaimed. Unless friends come forward it will be buried at the oxpense of the city. Dauiol Pratt was born in Chelsea in 1809.

Ho was apprenticed to a carpenter and followed that trado for a tlmo, but disappeared suddonly and was not seon at homo again for a dozen yoars. Whon ho returned his mind wa3 unbalanced and from thnt tlmo on ho lod a wandering lifo. nearly fifty yoars ho wont from placo to placo, often making long Journeys and subsisting on what was given him In charily or as a return for tho amusomont which his peculiarities afforded to thoughtless pooplo. Ho made regular tours of tho collogos, especially In Now England, and his arrival was tho signal lor uproarious morrimonton tho part of the students. Ho would read to tbem long and wonderfully constructed addresses on queer subjects and would receive in return burlesque diplomas and decorations aud gonorous contributions of money.

His was au ospocially familar figure Iu Boston, whoro his threadbare cloak and bat tored hat woro seou oftou lu public places and in private ofllcos. Thore was nothing of the humorist about him, and those who looked to him for amusomont wore compollod to flud it in his high sounding but meaningless sentences, his bitter denunciations of high officials, whom ho was always on the point of overthrowing, and the fierce energy of his languago. He was regarded a3 harmloss, and was allowed to lead his own lifo, for which many pitiod him whiio ttioy laughod. PIUTT'S VISITS TO BROOKLYN. Daniel Pratt was as woll known in Brooklyn as ho was In Boston and othor cities of the Union.

His chief dollght whon stopping In this city was to visit tho newspnpor ofllcos and addres3 the compositors on his favorito topics. Somotlmos tho old man would take up a collection for hia own benefit, but he would do that ouly when reduced to the lowest stages of impocuuioslty. HOfYEr MARKET. Exports for the Week Tho Sinpenaiou or tho Fidelity Batilt at Cinciuaati. Stocks Dull.

Wall Stbbkt, June 21 3 P. M. Among the sales of bouJ this afternoon woro: A.t a Pacific inc 37K'Mo Kun 4 Tor 6s 85 Cent Iowa 7 Mo Kan Tex ra l)7j Con .1 uj 107ilu8 Con con uiu aat isi iuu? Nor Pacific lBt 11U? Nor Pacitio'iml HUM nasi 1 01111 01 V'J h.rln eon Oregon Imp lat 93 Kurt A Don A uoc uo Ge.Tfci 1 Pao 2nd 68 Grnnd Island lat.HMalOl nonio 4 con 10U Rock Island 5a lWJi tireeu llay ino. 4i.V atl. anc lat IVJi ICun Nor Oin div Jt, Ark Toi i'JM Lou A A Chi con.

9 Shonantloah lat 10H4 4 Nash trust.107 Jtfalin Lou Nash 101 Ji nietn 4 CUas'ntia l(J(t mtu uarnima lat vti Tol Ann Ar 4 1st. Viriiima Mid 6s IVnli.h IMir itiv 111(1. Malionin Coat 5s 10G Mot KUk 1st 120 I West Shoo its Private alspatchos from Cincinnati Bay that tho troubles of the Fidolity Rank are not affecting any other institution. Exports, exclusive of specie, for the week, $5,572, 962, making $139,713,390 since January 1, against $1 to tho samo tlmo last year and $159,893, 459 to tho corresponding date in 18S5. ltailroad oarnlugs: Increaso.

Chicago 4 KastGrn Illin iia, soond weok June lfiY.400 Chicago 4 Nortliurn Michijj.in. socond wook June. 574 llouirh. an. I Jane 2,350 Kings 4 goconJ wcok Juno 1,080 Tho Fidelity National Dank of Cincinnati was startod about eighteou mouths ago, and It is reported to havo beon vory liberal In making advances.

If It should ho shown that tho directors woro cognizant of tho courso of the ruanagora it is possible that depositors, who suffor loss by the failure of tho bank, may recover from tho directors provided tho Ohio courts tako tho samo view of tho responsibility of directors as Is takon by tho courts of Illinois. In that Stato, by a rocont doeiston, directors aro mado Individually rosponsiblo w. oro neglect can bo shown for the full amount iuvolved by the failure. Stocks woro heavy early this afternoon, but tho de clino was checked about 12 :30 and tho markot was vory dull uutll 1, when it hocamo a llttlo moro ac tivo and fractionally bettor. Tho tone was generally steady between this hour and 2 and tho volumo of businoss, was light Stocks were generally strong la the late trado and at tho close.

loaned at 7 per cont and at 5, and closed about 5. Tho following table shows tho courso of tho stock market for this day: Highost. Lowest. Clofllnz urooKlyn bievatea Canaa'an Pac flo 61 01 85" 12" OtM 79 85" ii" Bl Sl.t 80 85" 12" Canada aomnorn oU (Jenlral now Jorsor Contral PactUo 80 85" 12" CneBaDoatte 4 0mo Chos. AOliln 1st Ches.

A Ohio 2nd Chicago 4 Allon Chic. Bur. 4 Ouioor. (, lov Ool. O.

4 1ml. 146 140 S3 30 91 20 71 aiii 12S 14C 2 49y 82M 102 13 ifi 29 00 26" 33 71 31 123 146 03 95 82'i is sax 91X 20" 7H4 3l 123 (33 Colorado Uoal Consolidated Uas Datawares Hudson. loj Del. baolc. 4 VVu.icorn...

1W4 Uonvera ttio lulutn East Tennessee lat Kast 'tennessoo 2nd pfd, Kris Erio nfd ao 91 20 'MX Hocking Valloy 31 Illinois Uontral 123 lml. Bloom. 4 Western JvakoKrio 4 Yeaten l.aHoahoro 98, Long Island Louisvnio4 G'ijtf Mani.olia 118 Mannattan Koaoti Manhattan lilo. Con 15(i? Memphis Charloatoa Michigan 9 Minn. St.

17W Minn. 4 St. Ij ol'U 20 Kan4Taia3. 30 Miasonr. Pai ili" 1071f New Vork Central 112J N.

Y. Ohio. 4 St. 18 88 61 118 15(iji 02" 17 tf 112 18 31 i)8 67 118 iriG 92" nx 30'j 107'i 112M 18 3i 00 c'o'i 118 1507, 92" 112 18.M IHH 65. K.

IT. Ohio. 4 SC. L. DtO.

N.Y& Nmr line JN. IT. Sua. 4 ill Si N. y.Sus.

4 IV Nort 131? 121ii NorthwosCfcrn Did Northern paoino Northern Baciho old Oni'i Omaha old Ont 4 Wostorn Orejron Mar Ureeou 1'rana Pacific Mail I'cona. Pullman Kaachng Kiehmond 4 Riontnond'CerDaiuat. Risck Island St. L. 4 Sin Krm St.L.

4San Fran. SI San SI. Paul Sf. Paul old ToxasA Paoifio Union Paoilio Wabaab Wabash oM oo; 6i is')i 102 32 bi" 37" tioii 34 711'; 33 01 63" i 102 32 621f 37i 63 37" MS SB C0K B2.V isii 101)4 60 Vj 37 civ 3u'ir oo si" 50 Hi 1GX 33 01 53" ibVi 102 32 37, bi'ti 3G 82 a 00 'J 2t)W 35 77 THE WEATHER. INDICATION'S.

D. Juno SI. For EnBtorn Now York, generally fair woathor, slight changes in tomporaturo, southerly winds. BKCOHD OF THE TnEKMOMKTKB. The following is tho rocord of tho thermometer as kopt at tho liitooKLYN Daily Eagle ofllco: 2A.M 72 10 4 A.

71 12 OA. 711 2 P. 8 A. 7X1 3 V. Avor.i(!0 temperature to day Average tomporaturo samo duto List yoar 85 83 S3 01) MKTKOB0I.OOICA1.

OBSKKVATORV. Litchfield Mansion (rrospoot Park) record of tho woathor for tho twenty four hours oudlus 7 A. Juno 21, 1837: 1 Highest hoi rosy iiaromoterfcorrootednt aoalovcl) Thormoinotor Provailimr wind 29.9,10; 29.903' 29.920 84.00, 05.00 72.83 I I K. Volocity of wind (total number of milos). 133: avorage, milo nor hour: highest volooity, 9 mhos.

Rain fall, .13. HIGU WATER. Tho following is tho official niinouncomont of tho tlmo and duration of high wator at Now York and Sandy Hook for to morrow, Juno 23: A. Timo.lHoiglvt. 11.

M. I ffuot. P. Timo.l Height, H. M.

I Foot. Diira'n of, Riso. I Fall. H. I K.

ST. Now York. .1 8110 I 4.1 4.8 8:3.) I 8:23 I B.2 6.0 5:54 0:03 6:31 0:17 Bandy Hook! 8:18 I HOYF.MX3T8 OP OCRAS VESSELS. AlUUrVjeD TtTKBDAT, JUNK 21. 8a 8t Honsn Liverpool, Now Tork.

5s Alenti, Aspinwalf Kingston, jw Tork. AnjUVEb AT ronKMH routs. grand larcony or not i nis Doing me oniy inducement proved and the Court having decided that it is Insufficient in Itself and not fraudulent, tbere is no necessity of going further. The case all refers back to mat point The Court This was called before tho adoption of tho Penal Codoand indlctmeut for obtaining money undor false pretenses. It is now oho of the forms of larceny (the offense set forth lu tills In dictment), ordinary larceny and obtalulng money by false pretonsos and embezzletnont are aU classed as lareony now, but tne same rules or evidence aud tho same rules of law that formerly gov erned tho criminal act oi false pretenses must of course govorn tuts indictment i no same proor is reanired.

In or ler to oonvict oi false pretenses it was always necessary in the first place to prove tho maiang ot tno representations; nine tney were faUe and known to bo false to the party making tbem: and that tho party to whom they wore mado must have parted with hia money on the strength of those representations and believing thom to bo true; must hare been deceived by them; nnd then the representations as stated in tho indictment must be proved to be uutruo. now, it very oiten uapponeu unaor tne ordinary old forms of tndlctmeut that there were three or four representation), and It was sufficient to prove either of them; as, for instance, a person being charged with representing that ho was solvent, and had a certain amount of capital In busi ness, and that he owned real estate, and, it appearing that on the strength of that credit was given aud goods iiartod with, it whb not necessary to prove tnat au tnoso representations were uutruo. If you proved any one of thom to be false and fraudulent, and that It was meant to deceive, and that did deceive, that was euough. But iu this case, In this indictment, tbere is but ono representation sot forth, and that, of courso, must be proved exactly as it is laid. Mr.

Ridgway Tho Indictment was drawn with a great deal of care and I don't think there is a flaw In it The Court No; I am not so stating. Iam not criticising the Indictmout It was prohably drawn In view of the best light the District Attorney had at that time. There is no question about that. But indictment charges this: That It was required and necessary that a certain sum of monoy four thousand and odd dollars; that is the sub stauce of it should bo paid by this Electric Illuminating Company aud delivered to Nevins for the purpose of procuring a franchise from the City of Brooklyn and Board of Aldermen to enable thom to do buslnoss. Now, Jlr.

Pope's testimony falls very far short of establishing any such pretence as that Ho does not establish any such thing aud ho doesn't Bwear that any such thing occurred. He ouly swears that Nevins said It was necossary to raise that amount of money aud he did raise it, whether it was paid as counsel fee; whether It was for any purpose it might have been for a dozen purposes other than procuring a franchise from tho Board of Aldermen; I don't know what for; It might havo beou for a dozen othor things; aud another thing, if it was intended to be for the purpose of procuring from the Board of Aldermen a franchise that would have been a corrupt purpose, for which Jlr. Pope would have no redross. Thoro is an authority in the Forty sixth New York that says that a person parting with his money must part with It for an honest purpose, and if he parts with It for an Illegal purpose ho can't complain and he can't Indict the party. That is the settled law of tho State.

Mr. Pope's testimony was this: That he was told by ono of his partners In business by one of his partners, as he fixes them now that it was necossary to raise a certain amount of money for tho concern. It was raised and put in the hands of the partner. That is all there is to It Jlr. Ridgway (intorrogatively) And the case must stand or fail upon that representation The Court (continuing) Whether one partner, as thoso mon were whether ono partnor can be Indicted for obtaining money from another partner for tho firm's business is another question.

I doubt very much, If you (Mr. Ridgway) and I are partners in businoss, and 1 come to you and say, Jlr. Ride way, I want $10,000 for the sake of our businoss," and you give it to me, and it was nocessary I should havo It, I doubt very much if you could indict me for securing tho money for our firm's business your business and mine. That is all Mr. Pope lyts testified, ns the case is now presented horo to day.

This is a caso of ono pnrty getting a certain amount of money from another partnor for the pur poso of carrying ou the business of tho partnership. That Is tho case as presented hero to day. Jir. Ridgway Tho other proof wo would have would bo to build up around Jlr. Pope.

Assuming that a falsa representation was made to prove its falsity. Of courso, tho way tho case stands now, It would be idlo to provo anything by the other partners, which of course would not add to the testimony of Mr. Popo. Therefore tho caso rests as it is. The Court Why, it is manifest, gontiemen I am talking now ns a matter of law tho teitimouy In this'case now does not sustain this indictment; and upon this testimony thoro cannot bo any legal conviction upon this indictment; that is manifest, unless you havo some testimony, Mr.

Ridgway, that would chango the aspoet of the case. Jir. Ridgway We could not, your Honor. Mr. Pope has sworn that tho represtentation was made to him, and it is upon the representation to him that tho case is founded.

The Court Havo you anything to say, gentlemen? General Tracy If your Honor please, thon thl3 case Jlr. Rldgwcy (interrupting) Woeould simply put Jlr. Brown on to corroborate what Jlr. Popo says, but thon the case would not bear any othor construction. General Tracy This caso must terminate, as any one who lias taken the pains to study the evidence iu this case must havo foreseen it would bo determine 1, for the very obvious reasons suggostod already by your Honor, especially when wo consider the relations that existed between tho two parties.

They were partners in business, engaged in pushing the some enterprlso: one partner, Mr. Novins, suggested to the other, that a sum of monoy was necessary for tho benefit and futhoranco of that enter prise. That the money was thereupon raised, each ouo of tho partners paying his pro rata share, for the benout or tno enterprise, couiu do maae tne groundwork for a charge of larceny mu3t be obviously absurd and Impossible to all minds. The Court Tho ouly way In which this defondant could have boon ehargod was in his Individual capacity and not in his official capacity. As an luaiviauai, ne was a partnor in a coriain corporation, and the money raisod was partnership monoy and partnership property, not obtained from one partner, but from all the members of ttie company.

as an assossment for partnership purposes. General Tracy mat is manifestly truo. nut there is another subjoct to which I desire to call your Honor's attention. ItiBduo to my client aud it is due to jir. ropo; mat is, tnat mr.

rope never mado any complaint of defrauded of any money by Mr. Novins in any way. All their business relations were terminated several years sinco, in good faith and good friendship, and we have their full aud free release from all business obligations and affairs between those two gentlemen. Nothing of this kind was ever heard of until something relating to it was brought out boforo a certain Investigating committee. I have no criticism to make of the District Attorney al though 1 am bound to say that he must have under stood from tho very first that this indictmout could not be sustained.

1 am glad that this Indictment has beon brought to trial, notwithstanding that it was brought out by coercion of public seullmout lufiamod by the public press. But when it has been subjected to the investigation de manded by the public, it has been shown very quickly how absolutely groundless and sennelesB was the charge. So Intense was public sentimonl that no oxplauatiou is uocossary as to why this defendant was branded as a criminal boforo the public, before his follow men, before one atom of proof was produced to sustain the charge against him. Wo havo patiently awaited tho day of this Investigation where the rules of ovidonco are enforced and tie principles of tho law aro considered, knowing well that theu Mr. Nevius would bo fully justified in evory respect This has been iUne.

The Court Gontiemen of the Jury, it boeomo3 my duty to tell you, gentlomon, for the reasons that I have already given perhaps for some others that night bo given if it wore necossary that as matter of law tho defondant Is not provod guilty of any crime, The testimony of Mr. Popo Is to the effect that he and somo others and the defendant were partners in business, that Jlr. Nevins stated to him, Jlr. Pope, it was necossary to raise a certain amount of monoy. What it was to be raised for, why it was uocossary doos not ap pear in tne eviuenco; but tno representation was mndo that it was necessary.

Therefore, an assessment was made upon tho stockholders, aud tho money thus raised was paid ovor to Jfr. Nevins a payment by several partners to another partner of moneys to bo used for the purposes ot the ontor Drlse in which they were all mutually em ployed. Woll, now, It is manifest as a matter of law and as a matter of common sense thoro can bo no indictment for larcony, for steallug, based upon any such state of facts as that And upon another ground also, that tho allegation In tho indictment is that this money was paid upon the statement by Novins that It was for the purpose of procuring a franchise from the City of Brooklyn and from tho Board of Aldermen of tho City of Brooklyn. The indictment was drawn accord log to the bosl light the District Attorney had of tho case at the tirao, but Jlr. Pope to day.

on the Btand. does not tostify to any such thig as that, and, therefore, tho allegation In the ludtctment is not sustained, it is not proved. Not only is tho allegation In tho Indictment not proved, but it Is absolutely contradicted and proven not to bo truo. Tho allegation in tho indictment is that Novins I repeat, Nevius represented ft was nocessary to raise money to obtain irom tue tjity oi Brooklyn or from the Board of Aldormon fran chise in ordor to enable tbo Citizens' company to conduct its businoss. Now it requires no statement from mo to show that tho allegation in the indictment has not been proved.

Thore Is nothing, no testimony in this caso which tends to prove It, aud, thorofore, tho Indictment Is not sustaluod by the proof. It is your duty, gentlemen, under the in structions of the Court and upon the law of this case to acquit tho dofendnnt Air. Tracy lr your Honor please, upon tho inti mation of your Honor in regard to tho testimony ot Jlr. Popo I deem it duo oven to Mr. Pope to say that if your Houor had boon carefully over his ovidonco you would find that he never so testified in any manner or at any time.

The Court That is the direction of thi Court in this caso. Thero ia no evideuce upon which the defendant can be legally convlctod, or upon whloh tne court can direct tne ueionso to be procoeued wlthr" Tho Jury thereupon, by direction of the Court. found the defendant not guilty of tho charges laid against him in the indictment Tho Jury were theu discharged for the term. DiaciiHsiiig ttie Result. District Attorney Kidgway was evidently a disappointed man this morning when au Eagle reporter askod him, after tho rendering of the verdict in tho Nevins case, what ho thought of It I think," said he, "it is a Scotch verdict: 'Not Who over hoard such testimony as that given by Pope? Ho would swear positively to nothing.

With such evidence what could bodoue?" Will you taKo any further steps In tho matter asked the reporter. I can do nothing further. If the indictment had beon dismissed because of an error in drawing up I would havo had a now one drawn up immediately, but the verdict was that thoro was no ovldouco given by Tope to sustain tho indictment Popo was tho only jvitnes3 in support of the indlctmont, and all the othors called were to give testimony In corroboration of him. But ho gave thom nothing to corroborate" Goneral Tracy was in the corridor of tho Court Houso rocolvlug tho congratulations of Chiof Nevins' friends when an Eagle reporter accosted him. What is thoro to bo said of tho caso," said Gonoral Tracy.

It has all boon said In Court Tho moment I road tho indlctmont I know it could not be sustained and said so. The result could have boon predicted by any man." Judgo Moore said: "All thoro is to soy is that, District Attorney Rldgway's chiof and only wltnoss as to tho falso representations, Jir. Pope, did not give any evidence which would in auy souso tond to prove tho averments in the indlctmont, which wero that monoy was contributed to obtain a frauchiso from tho City of Brooklyn. Thoro was no proof whatovor to sustain that avormout, but on tho contrary, Mr. Pope's testimony showed that Nevins was ono of five partners, and that each partnor wns assessed a certain amount of monoy, and that Tope gave tho monoy to Nevins on the representation that it was necessary for tho compauy.

His whoio testimony was simply to tno effect that ouo of soveral partners rooeived partnership funds to bo applied for tho benefit of the compauy. Thoro was an utter failure to provo falso representations." ISSAKin CAVSED HIS I'll P. Otto M. Sandin, of 43 Atlantic avenue, 'who attompted to Jump from tho second story window of his residence a few days ago, was examlnod yestorday at the Fifteenth Proolnct Police Station by Couuty Physician R. 11.

Stone aud was pronouncod to bo luonuo. Ho was taken home by his wlfo, A HEW STEAM XAUMCtt. Mr. Charles E. Topping, the superintendent ot express and telegraph of tho Long Island Railroad, launched his new Btoam yaont Julia, on Saturday last.

The gentleman Intends i find con' HldorablO onJoymeut for himself and frll ids oraK.iMs Summer, Thousands of Boxes of it Landed in Brooklyn. Venders Who Wero Looking for a Bargain Headed Off by Ihe Health Authorities. A Disaster at Sua and Its Consequences. The largest quantity of decoyed fruit thnt was ever brought this port is lying at tho Columbia Stores to day awaiting the action of the Health Department The fruit is in the moBt unwholesome condition. Thirty one thousand boxes of oranges aud letnout from llermo wero unloaded from the steamship Mateo Minghettl, at tho pior last week ana word was sent to the Health offlcors that this fruit was In vory bad condition.

Tho Commissioner ordored an Inspection aud condemned a largo portion of tho shipment Tho Marco Miaghetti was consigned to Messrs. Phelps fe Son, and they wero ordored to havo the decayed fruit romovod to the offal dock. Nothing, howovor, was done toward obeying this order, and on Saturday somo of the fruit was auctioued off The prices paid for it wero suspiciously low, as tho bast of the cargo brought only from 20 conts to $1 a box, tho average being about DO cents, Sunday an officer from the Health Dopartinont visited the pier and dlscovorod that truckmon wero busy removing somo of the worst of tho fruit for sale in tho city. He Immediately ordered the trucks to bo unloaded and Officers Grant nnd Maddlgan wore placed in charge of the pior. Moisrs.

Phelps Son reported that they were willing to remove all the decayed fruit to the offal dumping grounds, but that it was held in band for duty. On application from tho Commissioner last evening this obstaclo to tho disposition of tho disease breeding fruit was removed by the Customs officers. Notwithstanding this tho cargo was still at the pier this aftornoon. Many trucks and dealers vlsltod the place during the morniug, but few found the best, of the fruit worth removing. Mossrs.

Hill commission merchants in Park place, New York, owned soveral thousand boxes of tho stuff. and they found two smoll truck loads all thoy cared to carry away. Many thousauds of tho boxos that wero supposed to contain saleable fruit wore opened to day and their contents found to have partly or completely decayed. The offlcers of tho Health Department who were at tho pier declared to day that 20,000 boxes would havo to bo removed to the offal dock. This largo shipment of oranges and lomons wns first consigned by the steamship Autlila which broke her shaft noar Gibraltar.

Tho cargo of fruit was thon removed to the Marco Minghettl and it was this delay that caused tho damago to the shipment Tho discovery caused tho Hoalth Department to be unusually vigilant, and the re sult was tho seizure of a part of another cargo that camo from the Mediterranean ports. The steamship Pampos brought 40,000 boxes of oranges nnd lomons, chiefly from Maclna, and un loaded them at tho Mediterranean pier Friday. The duty had not yot boen paid on them whon tho Health ofllcera found that somo of tho boxos contained rotten fruit Thoso were all in ono lot of 3,000 boxes, the ownor of which failed lo put lu an appearance. Thoso wore all loaded on offal barges last night aud dumped in tho outer bay. The Health Commis sioner said to day that if the great mass of decaying fruit at the Columbia Stores was not removed to day he would to night undertake its removal at tho es pouse of tho consignees.

ARE THEY LOST? Boating Parties Missing Since Sunday's Squall. An Upturned Yacht Floats Into Fort Hamilton Vain Efforts to Ascertain Where She Came From Rowboalt Up set Tito Brooklynites Who Are Be. lieyed to Have Perished Off Bedlow's Island. Yesterday morning Frank Stillwoll found an upturned pleasure sloop off tho Government dock at Fort Hamilton. Whon towed ashoro tho vessol was subjected to a search, which revealed only an uumnrked handkorchief, a few oinpty bot ilos and a derby hat in a locker undor the seat.

It is believed that the yacht w.3 upset by Sunday's squall and many of tho residents oi Fort Hamilton are of the opinion that her passengers perished. The hull of tho craft is painted black and tho in lerior a bright yellow. Thero is no namo on hor to reveal her ownership. Tho same squall which Is supposed to have caused this accident made matters thoroughly uncomfortable for other boating parties. Onolofof pleasure seekers had to cast anchor on tho Jersoy coast aud remain out ail night in a driving rain Miss Eva Bliss, daughter of M.

Bliss, a wealthy rosidont of Bay Uidge, encountered the blow and, with a lady frlond, wn3 rescued by a pilot boat, after their own vessel had become almost ailed with water. Both ladles aro now suffering from nervous prostration. Arthur Goodwlu and Harry Jackson went out from Bay Itidgo in a rowboat on Sunday aftornoon Yesterday the boat was found bottom up by a sailor on the yacht Gehi off Sixty fifth stroot The young men have not yot boen heard from and it is oared that they have perished. Another unoccupied row boat was found off Fort Hamilton this morning and two boats which were hired at Dillon's placo on Sunday are still missing. The two mon who en gaged it wore from Brooklyn and wore seou oft Bodloo's Island Just boforo tho squall came up.

Parties are watching tho shores at Bay lildge and the New Jersey coast for bodies which they bollovo will be swopt in by ttio tide. a familiar figure removed Bj (lie Bcath of William S. Leach at I'arkvlllo lut Evening. Will'am S. Loach, an old tirao familiar flguro In ileal Democratic politics, died last even ing at Parkvlllo, where ho was accustomed to pass tho Summers for a few years past At thetlinoof his death, Mr.

Leach was warrant clork In tho Cou trollor'a offlco, a position he held for upward of six years. Ho tiad been aitlug for somo time and his death had been oxpoctod for sevoral months. Ho was 03 years of ago aud his city home was iu Law ronco stroot. At ono time Mr. Loach took an activo part In Domocratic politics.

He wa3 deputy controller undor Evan M. Johnson nnd later on an Excise Com missloner of the city, his colloagues in the Board being John Pyburn and tho late Rodnoy Thurs by. Personally, Mr. Loach was ono of tho gentlest ot moi and enjoyed a widespread personal popularity. For a long time, until his health began to fall, ho was often a companion of ox Register McLaughlin, who wan strongly attachod to him.

With James A. Moanoy and Richard Berry he was so frequently seen iu Mr. McLaughlin's company that many oi tho boys Jocosely called tho trio the Throe Guardsmen." Falling hoalth compellod Mr. Leach to lead rather a secludod life for several years, and by many of his old friends he was almost forgotten. He was an active member of the Volunteer Fire Department, and the association will take suitable action in ro gard to his death.

Tho orrangoments for the I neral wero not announced this morning. CLERGYMEN DINING. Tho Guests ot Mr. Wickcs at tho Hamilton Club. Mr.

W. W. Wickes entertained at the Hamilton Club last evening tho Prosbytorlan clorgymen of the city and a number of loading laymen. An enjoyable dinner was had aud short speeches wore mado by sevoral of tho guosts. Those presont in cluded the Rev.

T. L. Cuylor, D. D. Rev.

Z. Conrad, Rov. A. H. Moment, Rev.

A. B. Prltchatd, Rev. T. De Witt Tnlmago, D.

D. Rev. T. A. Nelson, D.

D. Rev. Charlos Wood, Rev J. W. Ilagoinan, Rov.

L. R. Footo, Rov. L. T.

Chamberlln, D. D. Rov. Charlos II. Taylor, D.

D. Rov. H. J. Van Dyko, D.

Rev. W. J. Bridges, Rov. L.

D. Calkins, Rov. S. P. Halsey, Rev.

T. A. Loggett, Rev. A. McCul Iogh, D.

D. Kov. J. V. W.

Schonck and Rev. R. D. Sproul, and MoBsrs. G.

II. Whito, J. N. Beach, Mr. Cook, Ivls M.

Horn, Oscar E. Boyd, Jumos Cruikshank, D. Dr. V. Morse, W.

McCarroll, John Aikman, Professor D. G. Eaton, T. A. Perkins, E.

C. Seymour, E. C. Patterson, William Wickos Rossltor, O. M.

Boach, D. W. McWilliams aud William W. Wickes. ItEFORK COHJlISSIONF.lt CARROLL.

The following is tho record of the business transacted in Commissioner Carroll's court this morning Offlcor Richard O. Hnlpin, of tho Socond, fallod to be at his relieving point and was fined throo days' pay. Officers Charles H. Swartz, of tho SoTeuth, aud William Grant, of the Eighth, for straying into liquor saloons, wero llnod two days' pay each. Georgo II.

Dickorman, of tho Thirtoouth, lost two days' pay for leaving tho city without pormisslon. A HOUTGM1E OS A FGASCIHSE. The Jamaica Wator Supply Company, recently orgauizod by John Lockwood and empowered to construct wator works In tho Village of Jamaica, has mortgagod Its franchise to tho American Loan and Trust Compauy, of Now York, for $100, 000. Tho money la to ho used iu the erection of buildlugs, tho laying of mains and tho purchase ot machinery. LOSG ISLAND BAPTISTS.

Special to tho Eagle, Hkmfstejp, L. 1., Juno 21. Tho Summer meeting of the Long Island Baptist Association opouod at Liborty Hall, tills village, this morning. Over 100 dologatos wero present from tho Island churchos, including Brooklyn. SAXOIY WIN'S THK FIRST BACH.

SiiKBi'SUEAi) Bay, Juno 31. Tho first raco horo to day was won by Saxony, Harry Ruesoll second and Brambloton third. Time, CONFERRING TUP. THIRD DEGKEE. Manuel Lodge No.

636, F. nnd A. will exompllfy the sublimo dogroo of Mastor Mason this evening at a regular communication to bo hold at its rooms, corner of Giand and liavomeynr streets. I WO PltKiCHKUS GOING TO EDItOPB. To dny the Rev.

Edwin B. Bioo, rector of Graco Churoh, Jamaica, and the Rev, 3, H. Gqssr nor.ottho&utsoopal Churotiiia iSot porti Billed 1 Viotoria's Ride and the Royal Procession, Crowds Fill the Streets From Bneklngham Palace to Westminster Abbey Fears of Dynamite and the Dagger Drowned by a Continnal Boar of Welcome From Loyal Multitudes. London, Juno 21. Jubilee day dawned bright and dear.

The sun shines brightly and a cool breeze tempers its rays. Tho city presents a sight such as never met the eye of any man In tbo present generation of Londoners. The crowds are unparalloled. As the time drew near for the pageant to move, the eagerness ot the multitude to witness the show and especially to behold the Quesn and the visiting royalties became so strong that for the moment fears of dynamlto and dagger wero wholly forgotten. The line of tho procession to Westminster Abbey was as follows: From Buckingham Palace to Constitution Htll, Piccadilly to Regent street to Waterloo place to Pall Mall to Bast Cockspur street to Northumberland avenue to the Thames embankment to Bridge street and thence to the Abbey.

The line of route was kept by nearly 10,000 troops, representing alt branches of the serrlco, and In addition 600 boys from the naval training ship. The latter were drawn up at the base of the Nelson Monument Tho police force was very large and was under the dlreot oommand of Sir Charles Warren. Tho military force was undor command of General Gipps and Colonel Stirling, of tho Cold stream Guards. The particular feature at Buckingham Palace was that two parts of tho sertlce wero equally hon ored, the guards lining ono side of tho Bucking ham Palace gates and on tho othor side tho blue Jackota. Tho same branches of the servlco wero in a like manner at the entrance to Westminster Abbey.

The first part of the royal procession startod shortly after 10 o'clock and was composed of the Indian princes and minor Gorman princes. They were enthusiastically cheered as they emerged from the palace gates, and the plaudits were taken up and carrlod along the crowds that lined tho route until the royal party had disappeared within the spacious recesses of tho abbey. At 10:45 the second royal procession startod. In this procossion were the kings of Denmark, Belgium, Saxony and Hellene's: tho crown princes of Austria and Portugal, the tiuean of the Belgians, the Crown Prlncoss of Austria, Ihe Grand Duko of Meck lenburg and others of the royalty. The Queen's cortege came last The people outdid their previous efforts at tho sight of her Majesty.

They almost went frantic and cheered her until the dlu was deafening. Again and again did tbey cheer. Above the enthusiastic outbursts fervent shouts ot God save tho Queen could be heard. She received one continuous ovation from the palace gates until she disappeared within tho abbey. The Queen ap peared in a coach drawn by eight horses.

Her sons, son in law and grandsons were In full uniform surrounded by the regal oqulppago as a body guard. The Queen did not wear her state robot, but wore the order and ribbon of the Garter. The carrlago was a large chocolate colored one with rod wheels aud royal arms In gold emblazoned upon the panels. Red morocco harness was used for the horses. The lattor were also decoratod with royal blue ribbons.

All tho servants wore state liveries of scarlet and gold. Tho Queen wore plain black and seemed greatly pleased at tho demonstrations of loyalty. Hor face wore an almost continuous smllo aud she bowed Incessantly. The Princess of Wales, who sat beside tho Queen, was also enthusiastically cheered. The other carriages containing members of the royal family wore of a gorgeous character.

Each had four horses of a bay color attached and ail of tho vehicles wero open. Tho procession procoedod at a smart walking pace into Constitution Hill. It slowly made its way until the Wellington arch was reached and thon the llrst introduction to tho London streets ensued. Emerging from the Wellington arch, tho first to greet the Quocn wore tho convalescent patients and others at tho St George's Hospital, which was packod from basement lo roof, seats having beon erected for many thousands over tho roof of tho hospital. On reaching Piccadilly tho Quoen was soon to look up at Apsley Houso, and as she passed the mansions of hor Immediate friends she glanced somewhat hastily at their abodes, moro especially when pass ing the Duko of Cambridge's, Baron Rothschild's, Baronoss Burdott Coutts' and John Brlght's old apartments.

It was not until Devonshire House was reached that tho Queen began to roalizo the grand preparations that had beon mado to groot hor. Here the Marqui3 of ilarllngton had a spacious gallery erectod on which many hundred! of gayly dressed ladies waved tholr handkerchiefs and cheered the Queen. Facing Devonshire House at Buth Hotel another gigantic booth had boon erectod, and from this point to Westminster Abhey evory point of vantage had been seizod by contractors to fix seats. Shop fronts and first floors routed at from 20 to 60 and some cases even moro. Tho front of the Burlington Arcade, the Royal Academy, the Egyptian Rail, St.

James Parish Church, where 1,0.10 children were seated and sang "God Save the Queen," and tho Museum of Geology, were all packed with human beings. On reaching Regent Circus, where six main streots converge, the sight was a memorable ono, the streets being all splendidly decoratod with flowers, flags, evergreens, etc. The procession viewed from the Duko of York's column, passing down tho hill from the circus to Pall Mall was a remarkable sight Tho shouts of the mob were loudly heard from the top of tho column as one vast roar. Many American ladies and gentlemen had securodseats at tho palatial establishment of Howell James, in Waterloo place, and Joined tho onthuslasm as keenly as tne Britishers. Passing around Pall Mall East a largo gallory was erected over the colonnade of her Hor JIaJesty's Theater, while 1,500 chairs, at from threo to five guineas each, were all filled at Waterloo House In Cockspur street Trafalgar Square was now reached, and every where one lookod nothing but heads were to be vlewod.

The crowd was tremendous and completely eclipsed auy that has assembled at political gatherings of recent years. Tho steps nnd lions of the Nelson column were packed with pooplo, while tho roofs and stops of St Martin's Church and the steps of the National Gallory wore packod with a dense mass. After crossing Trafalgar Square, where the police had groat difficulty in keeping the peoplo back, the procession gradually approached Northumberland avenue, which on its southwest side is mainly covered with two gigantic hotels, the Hotel Victoria and the Hotel Jletro pole. Thoso, as woll as tho newly erected Constl utioual Club, wero packed. On reaching the Thames embankment the pro cession had to mako a detour almost at right an gles.

From tho now National Liberal Club to St Stephen's Club the enthusiasm was indescribable. The mob clambered up tho trees, some of which got badly Injured. On tho procession noarlng the Abbey the troops saluted, guns fired, the bells of the churches rang out inorry peals, and flags wero run up, the cheering being continued un til the Queen had passed Into the west door. When the Queen reached the dies she looked very pale and somewhat fatigued, but she soon recovered and wore a bright and composed countenance through out tho service in her honor. When tho services, which wore conducted according to the programme wero complete tho Queen's sons knelt and kissed her hand.

Then on their arising she kissed tholr cheeks in return. The princesses wore next to go through tho osculatory oxorclBes. The Queon Hissed some of the latter twice; especially was tills notable in the case of the Princess of Wales and Princess Beatrice. This was followed by a general handshaking among the royalty and nobility: The Queen bestowed two resounding smacks on the lips of the Crown Prince Frederick The Princesses all wore light dresses. At tho conclusion of the services the royal cortege returued to Buckingham Palace.

The return was by tho following route via Parliament street, Whitehall, Cockspur street, Pail Mall, St Jamos street, Picadilly, Constitution Hill to Buckingham Palace. Tho throngs awaited the roturn of the cortege and repeated tho enthusiastic demonstrations which greeted the royal party on Irs way to the Abbey. Tho Queen, on hor arrival at tho palaco, soomod fairly overcome by the loyalty displayod by her subjects. President Cleveland's Letter. Washington, D.

Juno 21 Tho following is tho text of President Cleveland's letter of congratulations to Queen Victoria, presented by Minister Phelps. Grooer Cleveland, Prisident cf the Vnited Slates of America, to Her Majetty Kictoria, yueen of Great and Ireland and Bmpreaa of India: Gkbat and Good Fhiknd rn the numo und on behalf of tho people of the United States I present their sincere folicitatious upon the arrival of the fiftieth aunivorsary of your Jfajesty's accession to tho crown of Great Britain. I but uttor tho voice of my fellow countrymou iu wishing for ycur pooplo the prolougation of "a reign so marked with ad vauco in popular well being, physical, moral and Intellectual. It is justice nul r.ot adulation to acknowledge tho debt of gratitudo and respect due to your porsoual virtues for tholr important influence in producing aud causing this prosperous and woll ordorod condition of affairs now generally prevailing throughout your dominions. JIay your lifo be prolonged, and peace, houor and prosperity bloss tho poople over whom you have hoen called to rulo.

JIay liberty flourish throughout your omplro under Just and oqual laws, and your government bo strong In the affections of all who Uvo undor It. And I pray God to have your Majesty In His holy keeping. Douo at Washington this 27th tiny of May, A. D. 1887.

Gitovuit Cleveland. By tho President: T. T. Dayabd, Socretary of State. Tho Oar ia Xew Vork.

The Queen's Jubilee was celebrated this. morning lu the Metropolitan Opera House, Now York. Erastus Wlman, president of jho Cn mdi Club, was chairman. Tho music was furni Un'. i by tho Oratorio Society of New York aud tho orcli.wtra ot sixty pieces, led by Frank Damrosch.

Tho morning oxorciso3 wore oponed with prayer by tho Rov. B. F. DoCosta, aftor whioh tho address of the day was made by Erastus Wlman, 'au ode was sung and a greeting was sent to the Quoen. Among thoso on the platform and in boxes were, the British Jiinister West; 2, Seth Low; 3 aud 5, W.

R. Hoaro; 4 and 0, Erastus Wluan, Josoph J. O'Douohuo, Sir Roderick Camerou, Right Rev. H. C.

Potter, D. Hon. H. O. Northcoto, Poter Ross, Jamoa Callendor, Goorge McKuight, Richard J.

Hollornati, James Jt. Constable, Thomas Baring, Bruce Ismay, Seymour McCullngh, G. G. Ward, Alexander E. Orr, T.

II. Allon, Henry Hague, Walter Watson, Jackson Wallace and many others. Speeches wero made during tho morniug by ox JfayorLow, of this city, and Mayor Hewitt, of New York. Flags were displayed on the New York City HaU in honor of tho Jubilee. Whilo the Jubilee celebration was procoodiugtn tho Jtetropalltan Opera House tho Churah of tho Holy Innocents In tyest ThlrtV seventb, Btroott Now York, was also crowded.

TAo cslobratloa. thore took tam i mip TUESDAY EVENING. JUNE 21, I8S" SIX PAGES. NEVINS' ESCAPE Why the Law Had No Hold Upon Him. The Fire King Acquitted by Direction of Judge Moare A Collapse of the (Ja Wiich Was Not Unexpected Pone's Testimony Fails to Sustain the IndictmentWhat the District Attorney Has to Say About the Abrupt Termination of tho Prosecution.

District Attorney Ridgway was right yesterday morning wlieu he said that tho trial of Chiof Nev Ins would bo a short one. It was indeed a short ono, for it carao to an abrupt nnd this morniug about an hour alter tho opening of court, whoa Judge Moore ordered the Jury to acquit tho accused. Tho Court did tills because the District Attorney practically admitted that be could not provo tho ailegfilious as tot forth In tho indictment charging grand larceny. Only three witnesses were oxaminod in this truly remarkable trial. This onding of the case was mtulo apparent yesterday aftornoon before the prosecuting officer had put half a dozen questions to his principal witness, Henry W.

Pope. If any one had any doubts on this point they were speedily removed this morning before the caso had been in progress uvo miuuies. General Tracy continued his objoctlons, getting on his feet almost overy tirao Mr. Kidgway askod a question. Judgo Moore sustained him at nearly every point, and Jlr.

Pope's bad moruory did the rest. Mr. Popo could not soom to remember anything at all, aud thero was a general laugh at his sudden forgotfulness of things which ho had testified to bpforo tho Grand Jury. It was oven insinuated that a certain pressure might posBlbiy have been brought to bear on Mm to cauBe him to forgot thoso Ihings. Mr.

Popo has all along beon alraid of Kevins and hia friend3, but whether fear had anything to do with hia loss of memory will probably never bo known. It is certain, however, that fear, backed up by Quancial aid, will make a man do many queer things. It was long after 10 o'clock when tho trial was re Bumed. The causo of the delay was tho failure of General Tracy and Anthony Barrett, counsel for the Fire King, to put in an appoarauco. Judge Moore and District Attorney Kidgwny were on hand, and the formor bogan to show signs of impatience when Mr.

Barrott hurriedly ontcred. In answer to Judge Moore Mr. Barrett said that General Tracy would bo there in a few moments. "I can't wait all day for General Tracy," said tho Court. "Ho ought to bo horo Just as Jfr.

llarrett murmured an apology, while Novins, with a broad smile on his oxpausivo face, carao in end took the samo soat that ho occupied yostoraay. A low minutes later General Tracy entered and the trial wont on. Thoro was then a larger crowd than ever in the court room, many standing up in a circle closo to the bonch. Bub McLaughlin had his customary place at the door, while gathered near him were ox Fire Commissioner Poillon, President of the Board ot Aldermen Olena, Aldorman Coffey, Aldor man McCarty, ex Aldermau Dinion, Captain Kason and Lawyer Edwin M. Shepard, Charlos Cooper, presidont of tho Citizens Electric Light Company, pushod his way through the crowd and took a soat whore ho could easily hear what was goius on.

Es Regiater McLaughlin wandered up and down in tho corridor whero ho ro colvod reports from trusty raoisougors as to tho progress of tho trial. Ho did not appear to bo at all anxious and soomod to know what was coaling as well as if it was already over. City Clork Shanley was called to testify as to tho grautlng of the franchise to the olecLrlc light company by the Board of Aldermen in 18S4. Ho had tho rocords of tho Board with him, but General Tracy objected to hia roadlng them and ho was sustained by the Court General Tracy hold that tho franchise was granted to Popo and not to tho Kings Cuonty Electric Light Company. Mr.

Ridgway became angry and said ho did not llko the lrtoa of boltig Interrupted at overy step in that way. General Tracy replied that ho would defend his client In his own way and would not waive any of his rights to ploaso the prosecuting officer. Mr. Shanley was with, drawn and Mr. Popo was recalled.

Ho was questioned as to his transactions with NovinB, but could not repeat any of tho conversations that took place. Ho could draw inferences from what Novins said, but these Geuoral Tracy would not have; he insisted on having the exact language. Popo floundered about for a whilo and said ho had obtained the money which ho gave to Novins from his associates in tho electric light schome. Gouoral Tracy said that Mr. Novins had obtalnod tho money from Mr.

Popo. He was a partner in tho buslnosi, and inasmuch as ho had takon the money for tho good of all, he could not bo convicted of larceny. Even if he had taken it for corrupt purposes he could not bo convicted on tho law. The Court took tho samo viow and askod Mr. Kidway if that was all he could provo by tho witness.

Mr. Kidgway ropliod that It was, but that If tho caso tell through on a technicality like this he would draw another Indictment that would hold. General Tracy made a speech saying that thoro was nothing loft to bo done but to acquit his client aud thus givo him a complete vindication. Judge Moore then ordered the Jury to acquit Mr. Kevins.

It was done quickly aud in a few moments the court room was desertod. Many of tho smal fry politicians gathered around Nevins as he made his way out and congratulated him on his narrow Bacapo. The Proceedings. Tho Jury having boon called it was found that tho defendant was not present. Tho Court Mr.

District Attorney, inform Mr. Barrott to produce the defondant here, or he will forfeit, his bail bond aud we will lssuo a bench warrant for hia arrest. Sir. Barrett presently appeared. Tho Courts Whoro is the defondant in this case? Mr.

Barrett On tho way over. Tho Court It is inexcusable to keep people waiting eo long a time. It is his business to bo here at JO o'clock as much as It is miuo or that of any one Else. At 10:10 tho defendant appeared. THE PROCEEDINGS.

The Court Go on with your case, Mr. Ridgway. TESTIMONY OP CITT CLEKK SIIANLEV. John Shanloy, aworn, was examined and testified a follows: By Mr. Ridgway Where do you live? A.

163 fc'arren street. Q. Do you hold any ofllco in this city? lam City Clerk. o. Were you City Clork In May, 1884 A.

Yes, sir. Have you produced in court tho original minutes containing tho proceedings of the Common Council for tho month of May, 1884? A. Yes, sir. Does tho record which you now hold the original rocord show tho proceedings had in relation to the granting of a franchise to Popo, Sen all Co. May 5, 1884 A.

Yes, sir. Q. Will you turn to that dato, If you ploaso (Witness opens book.) Q. Will you road to tho ury tho resolutions of May 5, 1884? Mr. Tracy I object, your Honor, on tho ground that thoro is no such frauchiso set out in the indictmout or mentioned therein.

Q. To whom ia tho frauchiso granted? A. (Witness roads.) Tho same is hereby given to tho Kings County Electric Light Company and its successors and assigns for tho establishment, Jlr. Tracy That is not tho corporation sot out In the indictment. Tho Court What do you propose to prove by this? Mr.

Ridgway Tho granting of tho franchise. Mr. Tracy To whom The Court Is tho company sot forth In tho Indictment? Mr. Ridgway Yos, Bir. Mr.

Tracy The company set forlh In the indictment is tho Citizous' Electric Light Company. Thoy cannot sustain that allegation in the indictment by proving ono in respect to tho Kings County Company. Q. See if you And in tho racord of tho minutes of tho Common Council any record on tho original minutes of a franchise having beon granted to Pope, Sewall Co A. I think so; yos, sir.

Q. In the resolution that you were about to read A. Yes, sir. The Court Tho indictment in this caso chargos this: "That tho defendant falsoly and feloniously aud knowingly attempted to represent to Mr. Popo that It was requlrod and necessary that a certain Bum of money, to wit, tho sum of $4,250, should bo procured of certain porsons forming and constituting a corporation known as tho Citizens' Electrical Illuminating Company," and goes on and ays, "for tho purpose of procuring a franchise from the City of Brooklyn," etc JlT.

Ridgway I am trying to prove that; the two companies wore embodied in ono resolution. Tho Kings Couuty Company was called tho Williams burgh Company, and Popo, Kownll Co. wore tho trustee, as Mr. l'opo has testified, of the Citizens' Electrical Illuminating Company. General Tracy I don't know how a prlvnto partnership can be a corporation.

Mr. Ridgway 1 oiler to provo that by a resolution of tho Common Council of the City of Brooklyn, adopted on Muy 5, franchise was granted to l'opo, Bewail Co. Thou I propose to follow that by proving that on May 12 it was rescinded and again adopted. The Court If that Is all that you propono to prove, that It was granted to Pope, Sewall and that on tho 12th of May that was rosciudod and readoptod. The granting of a franchise to Popo.

rJowall dou'l sustain tho allegation of that indictment. By Mr. Ridgway Will you ploaso turn to tho resolution of May 12? The Court The allegation of the indictment is that this franchise was granted to tho Citizens' Illuminating Company. Tho resolution grautlng a franchise to Pope, Sowall Co. don't sustain that allegation.

Q. Wilt you look at that resolution of May IS, 1884, nnd stato whothor a francblso wa3 grautod by a resolution to tho Citizens Electric Illuminating Company? A. (Heading.) That permission bo and tho same is hereby grantod to the Kings County Eloctrio Light Company, Charlos Coopor us eaid Eloclrlc Light Company and Charlos Cooper Company may elect audita successors and assigns to cstabllxh and maintain a systom of olecttic lighting for public and private, use in what is commonly known as tho Eastern District of the City of Brooklyn, and comprising the Thirteenth, Fourteenth, Eifteonth, Slxteonth, Seventeenth, Eighteenth nnd Ninotoonth wards of said city, and to tho Citizous' Electric Illuminating Company, or Popo, Sowall as natd Illuminating Company, and said Pope, Sowall te muy elect tholr successors and assigns, to establish and maintain a systom of oioctric lighting for public and Erivate uue in tho remaining wards of tho City of rooklyu." Q. Was that resolution adopted General Tracy That is objocted to on tiio ground that it don't sustain tho nllogatiou in tho iudict mout The allegation Is that it was nocosaary to obtain a frauchiso for tho Citizous' liiectrlo Illuminating Company. Tho witiiu3s shows resolutions to tho Court Tho Court What is tho objection, General Tracy, I do not understand it exactly, Mr.

Tracy My objection is that the resolution does not sustain tho allegation in the indictment, that the representation was that It was necessary to secure a frauchiso for tho Citizous' Eloctrio Illumiuatlng Company, whereas tho resolution grants it to tho Eloctrio Light Company as I understand it, or to Popo, Sewall Company. Tho Court No; to the Citizens' Eloctrio Illumin BOSTOS'S ISDIGSAUT PROTEST. Boston, June 21. The following Is a copy of the cablegram sent by tho Rev. P.

A. MoKonna In accordance with the vote of the meeting at Faueutl Hall, last night, to protest against allowing tho use of the "Cradle of Liberty" for exercises in with tho Queen's Jubilee: Boston, June 20, 1887. To Editor O'Brien, United Ireland Ojlet, Dublin: Immense mass meeting of Boston citizonB unanimously protest against celebration of Queen's Jubilee here. Tory misrepresentations will not 'prevail. Signed P.

A. McKenna, Vice Presidont National League. John Boyle O'Reilly. A TERRIBLE ACCUSATION Made Against a Man Who Sail the Briny Ocean. William ATuss, sir footer, who follows the Bea for a living, was charged with a heinous offense before Justice Konna this morning.

The complainant against him was John Mergle, of 52 Walton street, who lives with his wife and i year old daughter, Lena, at that number. Mergle says that at about nine o'clock last evening ho was sitting in his room when he heard the piercing screams of a child issuing from a woodshed In the rear of tho yard. Mergle ran down and found his little girl crying bitterly. After sbo had quieted down somewhat she Informed her parents that Mubs had enticed her Into the shed where ho abused her shamefully. Word wa3 sent to the Thirteenth Precinct Police Station and Detectivo Delohanty arrested Muss.

The latter denied the charge when arraigned and was held for examination. A ROUGH START. Mud Riley's Pleasant Way of Making a Diversion. A Leap Overboard Which Creator! Some Excitement Festivitiei Which Beffan With a Broken Arm The Police Think that Worse Bemains Behind. The river excursion tendered by a olothing dealer in Flatbush avenue to his patrons to day is said by the police to have carried the roughest crowd that over gathered in this vicinity.

There wero six barges altogether. Two of thom picked up the worst eleraont of faddy Dtvver's constituents In New York, two more were loaded with the representatives of the Fifth Ward, Jackson's Hollow and Gowanus, leaving tho foot of Fulton street. One carried a load of the unterrliled from tho Uastern District and tho sixth got its passou gers from tho mud flats back of Jersey City. Thero was not much lighting before the flotilla got under way. Thomas Madden, a year old boy of 8 Garnett street, attompted to board one of the boats at Jewell's wharf, and two of the clothing doaler's clerks who acted as tlekot takers are now in Jail under $1,000 bail each to appear for trial before Justloe Walsh.

They aro Josoph Traynor ana ualpb Clark. Officer Graham who arrested them says the boy surrendered his ticket at the gang plank but the two ticket takers tore it up and throw the boy on the dock. Ho foil headfirst and sustained a compound fracture of the right arm near the wrist. Duriug the oxcitomont Mud Riley, the bootblack, Jumped overboard aud irlghtenod ovorybody by protending to drown, no swam down tho river and landed at the ice dock, but evadod capture. The police are waiting for the plcnlo to return and are expecting a rich harvest HARRINGTON Will RETORT Upon the Park Commission for IMs cliarjriu? Him.

The Board of Park Commissioner met this morning ut the City Hail. There were present President Easton, Commissioners Oakloy, Lyons, Markoy, Ferguson and Van Vieck. Mr. Harteau vigorously attacked the action of tho committee lu drawing a contract with Messrs. Cran ford Valentino to All lu the Concourse lauds with cloau oarth, which contract, he asserted, was ambiguous.

He read a letter from the Arm In which they expressed inability to givo auy definite information as to tho amount of cloan oarth called for. Tho contract vas read and Mr. Harteau assailed the clause "50,000 cubic yards or more," objecting to the term "or more." He moved to amend that "not more' than 50,000 yards bo contracted for. Mr. Somers sarcastically remarkod that any man who could not flguro out the cost of 00,000 cubic yards of earth at 47 cents a yard was not fit to take up (ho Commissioner's time.

Mr. liar ton u's amendment was voted down. The Executive Committee's notion of yestorday in discharging the park officials recently found guilty of misdemeanors of a potty nature, which will be found detailed In another column, was approved ottor a strong protest trom Mr. Harteau, who wanted Mr. Harrington's resignation accopted rather than dlschargo him.

He charged the Executive Committee with uncharitable and unchristian conduct. But it was of no avail. Tho othor Commissioners without exception voted for the discharge. Superintendent Harrington promises somo lively revelations whon ho gets a slap back at tho Commission. FURTHER REDUCTIOSS made Thin Morn liter by tho Board of of Estimate.

Tho Board of Estimate at its meeting thiB morning took up the Park Department and pro ceeded to cut down the itemized amounts asked for until it reduced tho total from the $516,000 originally askod for to $233,300. Big items wholly hit out were: $50,000 for Coney Island Concourse, $20,000 for North Circuit drive, $30,000 for Lake Viow bridge, $10,000 for Lullwater bridgo, $20,000 for Botonlcal greon houso, 15,000 for Lookout Hill Improvement, and $5,000 for sewer boxes and branches. Tho police requisition was next considered. Tho salary of Boiler Inspoctor Powora was raised from $2,000 to $2,750, nnd that of the searcher of female prisoners from $500 to $000 Instead of tho $750 askod. They did not go furthor here, but passod to the gen oral police account and struck a $4,800 Bnng In tho tolephono bill, as against $2,000 last year, and also.

$8,000 for gas. Gas is to be cheaper soon, so It was cut to $7,000, and tho tolephono item laid aside. Tho big Increase for horse feed and shooing went with it. The Items for two now police captains and sor goants at $2,000 and $1,600 each wore passed, but the balance of the miscellaneous account was untouched. Tho excise requisition of $11,550, including a $300 raise for the secretary was allowed.

Tho $17,512 askod to maintain tho Truant Homo was al lowed, but Treasurer Adams aud Auditor Rutan will go out and look at tho placo before anything is done about a $21,000 Item for new buildings. A CINCINNATI BANK CLOSED And a Depositor Who Attempted to En ter struck in tbe Face. Cincinnati, Jur.o 21. The Fidelity National Bank was closed this morn ing by order of the Government through Its representative, Mr. Eugene Powoll.

A meeting of tho Board of Directors was called at 7 o'clock this morning and Is now In session. No means of ascertaining tholr action exists. Tho doors of the bank are closed and police from within and without guard the entrance against evorybody ex cept porsons having business with the Safe Deposit Department of tho bank. One irate depositor created a scone by forcing himself half way into the door, where he received a heavy blow In tho face from some one Inside and was finally taken away by tho officers. He said ho had left money und his bank book in thore yestorday and ho wantod at least his book.

Nothing at all is known yot of the action of reorganization as suggested by leaving out tho throe officers namod In theso dispatches last night. It will be the duty of the directors to make this change if it is mado at all. Ono of the officials of tho bank this morning assured a friend who had entrance to the Safo Deposit vaults that tho bank would pay every dollar It owed. Tho gonoral feeling has beou that tho bank is strong euough, but a feeling of mistrust has become engendered from various causes against a few of tho offlcotu AN INDIGNANT PROPERTY OWNER. Xlio Water Burnau Compels Him to Pay torllOwnMItakcs, Mr.

James Douglass, a well known rosidont and real estate ownor of the Fifteenth Ward, has had an Interesting experience with tho Register of Water Rates. Mr. Douglass owned lot3 26, 27 and 28, on block 82, In the Flftoonth Ward. In 1885 he paid tho water ratos on tho property through his agent, W. H.

Hall, amounting to $27.50. Lot 20 was sold in that year, and in 18SG ho paid tho wator tax ou tho two romalulug lots, amounting to Last April ho sold the two lots, but when tho title was examined It was found that tho water tax ou Lot 27 wns lu arrears. Tho tax was $11 and tho arrears amounted to $1.11. Mr. Douglass hold a rocelptod bill for the tax.

Mr. Hall, tho agout, Investigated and was told by tho pooplo in tho Water Bureau that the bill of 1885 was a mistake; that lnstoad ot being $13.55 it should havo boon more. Jir. Hall claimed that It was the business of tho office to furnish a correct bill, and in any ovont they had no right to charge him Interest for tholr own nilstako. As Mr.

Douglass desired to pass the title to tho property he had no resource but to pay, which he did uudor protest, FUNKRil, OP GKOKGB CeCIIi. The funeral of George Cecil took place this morning from his late rosldonco, 18 East Sixty fifth stroot, Now York. Tho decoasod was In his 65lh year, and was born In Brooklyn. Ho was a momber of tho Union LoaguoClub. Horellrod from business about twenty years ago.

KILUAIN CIULI.KNGKS JKH SHITIt. Jake Kilrnin to day posted $1,000 ns a forfeit at the Clipper office, Now York, for a Oght with Jem Smith, tho English pugilist, tor $5,000 and thg championship of the world. TBE DEEMS DIVORCE CASE DISMISSED. The suit of Mrs. Grace B.

Deems against hor husband, Dr. Frank M. for divorce, was dismissed by Judgo Allon In New York to day. A BUPPtM DgjtTfl. Mrs.

Maria Bishop SO vewa old, died mi time, ana aiso in relation to certain taings nenau said publicly. Goneral Tracy Who had said 7 Witness Cooper bad said. Mr. Ridgway Now, Jlr. Pope, you are au Intelligent man and 1 havo been trying to extraot from you what was said.

Don't draw conclusions. Give the words as near as you can of Jlr. Nevins and what you said iu reply, as near as you can do It using his aud your language A. It la almost Impossible, Mr. Ridgway.

Q. You'stated what it related to 7 A. In relation to those chocks. Q. You had a conversation with me this morning, didn't you 7 A.

Yos, sir. Q. Now state, as nearly as you can, what was said between you and Nevins; that is what you are required to do if you can A. It was upon tho neces sity tho conversation was upon tho necessity, or tho lmbowance ot paylnc. Eivlne thoso rhocks.

Q. Cau't you tell what was said A. That we could not gos franchise G. Who said that? General Tracy Who Bald that Witness Novins. Mr.

Ridgway Use the words as near as you can recollect? Witness That we could not get the franchlso. Jlr. Tracy I object to that. It Js an Inference from the conversation; and I move to strike It out. The Court Strike it out.

That was your conclusion? Tell what ho said to you. A. (Aftor rollocttoti.) I can only state Iu regard to tuat second conversation. O. You have stated that you recollect a conversa tion that took place at tho Eire Headquarters of tho city ot Brooklyn relating to tlie handing over or this $425 chock.

All I ask you is to state to this Jury tuat conversation without drawing any reforeuce. Jlr. Tracy Doos this witnoss protend to Bay ho was preseut wueu tnat cuecK was naaaea over have not so understood. Jlr. Ridgway Don't disturb him now.

Ho Is try luc to think. Jlr. Tracy I am sorry to interrupt his Inflections, out Mr. Ridgway I will put tho question In such a way that ho may give a responsive answer. (J.

You have stated that you had conversations witn iNOYiUB at tne riro neauquarrars, in me City of Brooklyn, boforo tho check for $425, given to you by Jlr. Edwards, was handed over by you to Mr. Novins, and that It related to tbo subject of handing over this check; tell what ho said and what you said A. There was very llttlo conversation about It at that time. Q.

Tell what it was 7 A. It is Impossible for mo to say what it was. O. You don't know? A. No.

sir. Q. Now, before that Incident that you had thou Used in your mind that took place at Fire Headquartersgo back ono conversation back of that Now do you remembor? A. ies, sir. Q.

Whoreabouts iu tho City ot Brooklyn? A Yos, sir. Q. Do you remember what was Bald by Nevins a. ies, sir. Mr.

Tracy Can ho testify to that? I am a llttlo particular about this caso because the District Attorney has disclosed tho fact that since the wltnoss gavo his ovidenco yestorday ho has hud a talk with him. It is hardly fair, aftor recoss over nleht. to go back and let tho witness be re examined touching a conversation lestmed to yesterday, especially in view of tho fact that sluco adjournment ho has had a talk with tho District Attoruoy. The Court I don't think that makes It Incompetent; and Hint is all I have to pass upon. By Mr.

Ridgway State tho conversation A. Tho objection was made by mo that it was a difficult matter for us to raise that amount of monoy; to which the reply was made i By whom was the reply made? A. By Mr. Nevins; the reply was made that it was uocossary to do it; thoso are tho words as noar as I can recollect thom. J.

Was anything olso said by you A. No, sir; there was very llttlo said at the conversation. Q. Was anything eaid by Mr. Nevins? A.

Not tlliit roeolloei of. (J. Did Mr. Nevins, at any time before the handing over of Edwards' check of $425 by you to Mr. Nevins, say to you that you could not got any privileges or do any business unless you paid him the money 7 Mr.

Tracy I objoct to that, on the ground that it is loading. Mr. Ridgway Tho witnoss has Btatod that he does not recollect any more. I have a right to call his attention. Tho Court Yes.

Jlr. Tracy You havo a right to ask whothor anything wan said on the particular subject, but that doos not allow you to put words into his mouth. 1 will ask him a question. By the Court Was there auything moro said that you uow remombor? A. Atany of the conversations? The Court is that what you mean, Mr.

Ridgway By Mr. Ridgway Preceding the handing ovor of tho chock? A. Yos, sir; there was a conversation about Q. Leave that matter out I mean where tho subject of the handing over of this check, tho payment of monoy was discussed A. No, sir; there were very few words.

Didn't you toll mo this morning General Tracy Wait, wait, wait; that Is highly improper. Jlr. Ridgway I have a right to bring out tho evidence, by calling his attention to the direct matter. Tho Court I cau't see that this witness Is not testifying properly. I havo seen nothing iu his manner to show it Jlr.

Ridgway I will withdraw tho question. Will you think now, a fow moments moro, to see if you can rocolloct? Is your raiud refreshed regarding anything else that was said, which you have not testified to? A. I have stated that Mr. Nevius General Tracy (Interrupting) It is not necessary for the witness to repent what ho has already salu. By tho Court The question Is to think and see if you remember anything elso that was said by Mr.

Novins regarding this matter? A. This conversation was so many years ago that I might put words into the man's mouth that would notdo him Justice, nnd I do not desire to do thnt; I desire simply to tell the truth. Q. The question is to think and see if you romom ber anything elso that was said by Mr. Nevius regarding this matter? A.

I rocolloct soveral conversations. By Jlr. Ridgway Now, will you repeat thom in the order In which thoy ocourrod 7 A. Tho first conversation I had was the $10,000 conversation. That you have already statod 7 A.

Yos, I have testified to that; the second conversation, in rogard to tho payment of checks, was the conversation I have testified to, in Fulton street; that was the quibble upon tho price; tho otnor conversations related to and were Interviews in relation to tho Board of Underwriters, and endeavors to get that matter straight. Do you recollect any other conversation 7 A No, not pertaining to that matter. Q. Having stated that you recollect no other conversation, lot me call your attention directly to tho facts. Did Jlr, Novlng ever say to you that unless this sum of monoy General Tracy (Interrupting) I object to that Jlr.

Ridgway Let me put tho question. Q. Did Mr. Nevins ever state to you that unless the sum of $4,250 was paid, you could not be successful in the City of Brooklyn that it was nocessary to do that 7 A. He never stated It In that way.

q. Will you state Iu what way ho did stato It 7 A. He statod It in a way that it was nocessary for us to do it Q. Do you mean to tell this Jury that ail Mr. Novins said to you was that it wa3 necessary to pay this money to do business and that you handed him over $4,230, as you havo statod 7 A.

I think so. Q. Aud ho said nothing else to you to Induce you to do that A. I don't dispute tho fact that I had a conversation with him. Q.

What Inducements did ho Sold out to you what did he say to you 7 A. 1 cannot recollect tho conversation that occurred so long ago. q. Do I understand you to testify now that all you recollect now of the transaction is that he said it was necessary to raise thiB monoy 7 A. Yes, sir.

Q. And that you gave him A. Yes, sir. Upon that representation? A. Yes, sir.

(. And that you recollect no other inducoment held out to you? A. No, sir; I understood the circumstances perfectly. Was thore any other Inducement than that out to you? A. Only that wo would get the franchise.

Q. Was that oxprossed to you In language? I am trying to get you to state what Jlr. Novins said to you; now you say that all that he said was that it was necessary to use it, and that you then paid him ovor A. In that particujur couversation that is ail I recollect of It Q. Now, I ask you whether, at any time anything elso was said.

Was that all that ho said to you to Induce you to pay It over A. Probably not Mr. Tracy I move to strike that out. Tho Court Yos; strike out "Probably not" Q. State then what in addition to that he said that Induced you to pay these sevoral A.

(In terrupting) I used to meet Mr. Nevins every other day almost; I can't rocolloct (j. State what he said to you In addition to the declaration that it was necessary to pay it. What, in addition to that did he stato to you that inducod you to pay It over 7 Woll sir, I can't recollect Q. So thnt so far as your recollection now servos you that is tho ouly intimation that was held out to you to part with the money 7 A.

Yes, sir. (J. And it was upon that that you did hand ovor Jlr. Edwards' check aud others? A. Yos, sir.

Q. Do you know of the payment by Mr. Nevins aftor the receipt of these checks this $4,250 of any money for your benefit for tho benefit of tho company Mr. Tracv Walt a moment Jlr. Ridgway I ask simply whether he knows it; I don't want him to prove the fact Jlr.

Tracy I don't care whether he knows it or not; we aro not inqutriug about what Jlr. Novins did with that money. Mr. Ridgway Wo want to show that it was not necessary. Jlr.

Tracy I don't care whethor it was or not By tho Court Do you know anything about that? (Not answored.) By Mr. Ridgway (to stenographer) WiU you repeat the question, Jlr. Stenographer 1 (Quostion repouted). Do you know of tho payment by Jlr. Nevius aftor the receipt of those checks this $1.250 of any monoy for yourboueflt for ihe benefit of tho company 7 A.

No, sir. Q. Having statod that you paid it, having statod the intimation, having stated the fool that you know of no expenditure by Nevius, did you afterward have any conversation with him about the expenditure of this monoy Jfr. Tracy That is objected to as Immaterial aud Irrelevant a3 to what ho did with it The Court I will allow that. Jfr.

Tracy Now, If your Honor pleases, how can any question of what was actually done with this money sustain the allogotlou in this indictment This is an iudlctmeut for obtaining money undor falso pretenses. Now, every lawyer is familiar with what must bo proved in order to sustain this allegation The Court Mr. Ridgway, 1 want to ask you ono question. 1 want to put this question right plainly to you and It may save somo trouble. Take this testimony of Jlr Popo as it now stauds, ihav Novins said to him that it was necessary to raise $8,500.

That is all ho said. Doos that sustain tho allegation iu your indictment Mr. Ridgway Probably It is a question that will como before your Honor lu the course of tho trial. The Court You ought to deal frankly with tho Court in rogard to matters of this kind aud I expect you will. You aro the District Attorney; 1 want to know what your viow is of that question.

Doos that sustain the indictment, iu your opinion, for grand larcony as It is ehargod in tills ludlctmont? Jlr. Ridgway 1 hardly think it is fair for tho Court to ask tho District Attorney at this stage of the caso. The Court All right Jlr. Ridgway Now, I proposo to provo conversations with the witness Tho Court I will doclde tho qu ostlon if I cannot get any assistance from tho regular county official Ou that point. I will decide the question.

I say to you now that If that Is the only luducoment that you can provo for paying this money to Mr. Novins, you cannot sustain this Indictment aud thoro must be an acquittal. Jlr. Ridgway That is tho only proof. Jlr.

Trucy Not only cannot sustain this Indictment, but I think your Honor can go furthor and say cannot sustain any. The Court I decide this case. I do not decide any other. Mr. Tracy It would bo a novol proposition that three or four moa engagod in a commercial onior priso Tho Court Excuse me, Goneral Tracy; I will ouly decide tho case that is on trial boforo me.

I decide no other caso at preseut. Now, on that point, Jlr. Ridgway, I should grant a motion to dismiss. Jlr. Ridgway I don't know what tho witness proposes to testify lu regard to subsequent conversations.

Tho Court I dou't think that makes any difference, becauso no matter what was dono with the monoy afterward that was the ouly Inducement to part with tho money; to part with tho money ou somo falso, fraudulent and felonious representation. Now, upon theso representations, tho receiving of it by tho defendant constitutes a larceny; and what was dono with It nftorward can havo no offect upon what oporntod on this witness' mind ut tho time ho'gavo tho money. Jir. Ridgway The only quostlon is to detormino whethor tho representation or Inducement was a falso or fraudulent one. or only a trick and devlco; larceny by trick aud dovlce, Tho Court Here is a man, here are sovoral men, Interested iu a company.

Ono ot them goes to another one Interested and says, "It Is nocossary to raise $8,500." That is all ho says. On tho strength ot that tho partnor In business gives him tho and that is nil thoro is of It, sl fur as Mr. Pope's testimony Is concerned. Mr. Ridgway The casedopendo entirely upon the carry on rheir business iu satd City of Brooklyn.

The Court Now what 1 moan to say this: Thoro is but ono attempt set forth In the indictment; that is, that it was necessary to raise a certain sum of money to get a franchise to enable the company to carry on tho busiues. No matter what else you prove, if you do not prove it as laid In this indictment the prosecution must fall. Jlr. Ridgway I propose to prove, and offer to prove uow that a franchise was granted by the Common Council. Tho Court I find hero this: "Resolutions adopted at the meoting of tho 5th of JIay." And then in connection with tlint Aldorman Conner movod to rescind tho resolution of Mays, which followed in the minutes; he movod to rescind thoso resolutions, and tho motion to roscind was granted.

Tho resolution which has Just beon read by tho City Clerk, Mr. S.ianloy. is tho resolution which was rescinded. Jlr. Ridgway I propose to follow it up.

The Court Then follows tbo resolution Anally adopted. Jlr. Ridgway This was preliminary to prove that resolution. 1 ask that the resolution which was adopted bo read. Tho Court The resolution Is this: That permission bo and tho samo is heroby granted to Charles Coopor their successors and assigns, to establish ana maiutain systems oi electric ngiu lug lor public nnd privato uso In tho Thirteenth, Fourto 'uth, Fifteenth, Sixtoeutu, Seventeenth.

Eighteenth and Niueteouth wards iu tho City of Brooklyn; aud to Pope, Sewall their successors and assigns, to establish and maintain systoms of electric lighting for public and private uso in tho remaining wards of tno City of Brooklyn." Thou follows tho conditions of tho grant Mr. Ridgway I move that tho entii resolution be read. General Tracy I object on tho ground that thoro Is no allegation in the indictment that tho defendant ever represented or made any representations to Popo touching an application for a frauchiso for Pope, Sowall Co. The allegation is, touching an application for a franchise for a for tho corporation namod iu tho indictment; therefore any representations which tho defendant may have made touching the necessity of obtaining tho frauchiso for Pope, Sowall aro Inadmissible and incompetent to support tho allegations of tho indictment. Jir.

Ridgway Read the rosoiutiou of tho 12lh. Tho Court What have you to say to that Objection, Mr. Ridgway? Jlr. Ridgway I proposo to offer tho resolution, to show that a francblso was granted to tho Eloctrio Light Company. Tho Court Tho resolution don't show it.

Mr. Ridgway It shows that Pope, Sowall Co. woll, I ask that it ho read; I can't givo all tho resolution Irom memory. Tho Court I have Just road it over in your hearing. Jlr.

Ridgway May I take tho book and road it over? Goes to book and proceeds suooriugly: For a man who is "anxious for a trial on the merits." General Tracy In answer to that I have only this to say, your Honor: I offered last night, if counsel would porniit mo, to cross examine his witness and urgod tho necosslty of doing it. But I am charged with the defense of this defendant for a crime and a felony, and as counsel I know of no duty but that of defending my client at every stop of the case. I dou't understand that counsel is vosted with a discretion In defending a man chargod with a crime, especially a man of heretofore good character and woll known in the City of Brooklyn, to waive, for him and on his behalf, any point that is essential to present properly his caso to tho court. I am here to waive uotliiug. I am hero simply to insist that tho prosecution having indicted this man, shall now provo, stop by step, the facts that mako him guilty, if thoy can; confident that when they aro held to that rule tho rulo which applies in courts of Justice, but not in investigating committees sensation this prosecution must signally fall.

Mr. Ridgway The gentloman seems to be somewhat sensitive as to tho duty ho owos to his client, but I was led to tho remark from tho fact that ho stated that he courted an Investigation upon tho merits aud not upon tho technicality. Like tho gentleman who has taken his seat, I feel that I owo a duty to the people, and if this prosocution fails upon a technicality, 1 will regard It my duty to again present it to tho Grand Jury, to tho end that Justlco may bo done in the promises. Tho Court Now, Mr. Ridgway, do I understand that you offer thoso resolutions Xor tho purpose of proving that, a frauchiso was granted to the Citizens' Illuminating Company Jlr.

Ridgway Yes, sir. The Court Woll, I exclude thom for that purpose upon tho objection raised, for tho reason that they don't provo any such thing, but prove that the frauchiso was granted to somebody else. Jlr. Ridgway Thon, In connectiou with the other resolution, it couplos the two names together, so that thoy may be identified. It is probably a mistake in drawing tho resolution in the Common Council.

Tho Court The resolution which was passed on JIay 5 did in torms grant to the Citizens' Illuminating Company. That resolution was rescinded on tho 12th of JIay, and the resolution as finally adopted did not grant to tho Citizous' Illuminating Company any frauchiso whatever. Jlr. Ridgway I will ask the City Clork a question. Has tho Citizens' Electric Illuminating Company now any franchise from the City of Brooklyn? General Tracy That Is objected to, on the ground that if that is so tho evidence is of rocord and should be produced.

Mr. Ridgway Thon I proposo to produco tho record. Tho Court to wltnoss: Q. nas the Citizens' company now any frauchlse from tho City of Brooklyn? A. Not that I know of.

By Mr. Ridgway Do you moan to say thoy aro illuminating tho city without any frauchiso General Tracy That is objected to. Mr. Ridgway I want evidence olther one way or tho other. Q.

Who would possess that information? What official of this City of Brooklyn would be iu possession of tho ovidonco that a franchise was granted A. The Commissioner of City Works, on thoauthor Ity of tho Board of Aldermen. General Tracy It would be in the records of tho Board of Aldermen, wouldn't it? Jlr. Ridgway Well, who is testifying? Is Geuoral Tracy Q. What la tho nature of that rocord Is It kept In a book A.

Yes, sir. Q. Is that book in the City of Brooklyn now A. Yes, sir. Q.

Whore can it bo found? A. In the clerk's office. Q. Aro you in possession of the rocord which shows by virtue of your office; aro you in possession ot the record which ahowB whether a franchise exists to day granted by tho City of Brooklyn to tho Citizens' Electric Illuminating Company Geueral Tracy I object on tho ground that if thore Is any such record, tho record is tho best evidence. The Court You may answer tho question.

A. The contract from the City Works Commissioner to Eloctrlc Illuminating Company. Q. Who had the authority to authorize such a contract A. The Board of Aldermen.

Q. Can you produco any such resolution on the part of tho Board of Aldermen according to the Citizous' Electric Light Company or frauchiso A. Whoever got tho contract could produco that rocord, whether it bo tho Citizens' Eloctrlc Illuminating Company or otherwise. Or Do you know any such corporation as the Citizous' Electric Light Company A. No.

General Tracy Alt a myth, I presume. Jlr. Ridgway But tho city pays it bills which are not at all mythical. Q. To whom aro the bills presented for street lighting? To the Controller.

The appropriation is made to tho Controller, and ho pays tho bills. Tho Controller has to pay upon sworn vouchers? A. Yes. sir. Q.

So tho Controller could toll as to whom tho money was paid? A. He could. ((, Whoro are the contracts kept? A. At tho Board of City Works. Q.

Do you know what particular Individual has the custody of thou A. I do not. Q. Is it upon these contracts In the Board of City Works, which are founded upon resolutions of tho Common Council, thnt tho Controller pays the lighting bills7 A. Yes, sir.

Goneral Tracy If tho District Attorney is so 111 informod as ho appears to bo in this matter we will help him out of tho difficulty, bo that he may not grope about lu tho dark. I supposed this was common knowledge. Jlr. Ridgway T)ii3 franchise eooros to have been granted to Popo, Sewall Co. or to their assigns; theso assigns wcro the Citizens' Electric Illuminating Company, who after got a contract from the ity for lighting tho Btreots.

If wo allego in tho indictment that tho money was obtained for the purpose of having the city grant a frauchiso to tho Citizens' Electric Light Company and Bhow that aftor that such a franchise was granted, then I hold wo cannot fail. Tho Court You cannot offer to prove by tho minutes of the Common Council what thoy do not prove. Jlr. Ridgway That Is all, Mr. Shanloy.

Henry W. Popo recalled. Q. Jlr. Pope, you stated yesterday that before tho receipt of this check from Jlr.

Edwards for $425, you had several conversations with Jlr. Novins? A. Yes, sir. Do you recollect how long boforo tho payment of tills money, this check of Jlr. Edward, it was that you had a conversation with Jlr.

Novins relative to the payment of a certain sum A. No, sir; I dou't remember tho dato. Was it in tho samo month 1 A. It probably was. (J.

Do you rocolloct whoro tho last conversation before tho money was paid, was had A. Tho last conversation boforo tho tnouoy wa3 paid was probably had in tbo Fire Department. Q. In the City of Brooklyn 7 A. Yes, sir.

Now Goueral Tracy (Interrupting) Wait a moment. I object to that aud move to strike it out the laet conversation before tho monoy was paid, becauso it assumos some money was paid, and there la no proof of it. Tho Court Boforo the check was paid Jlr. Ridgway Boforo tno ohock for $lir was paid. Gonoral Tracy Was passed ovor.

Jlr. Ridgway Was passed over. Novor use the word "paid." It has a harshness. Now, what was said at that conversation? Witness I cau't toll you what was said at that conversation. Tho conversation Q.

(Interrupting) You don't romombor what was suid at that conversation? Then go back to tho next ono of them and stato what was said. I want to got you, if possible, to tell what took place about tho time tho chock was handed ovor, tho chock for JI25, and 1 am trying to get you to toll tho Jury Just what was said. A. Tho first conversation General Tracy (interrupting) Haven't wo had. that? No witness has testified to that.

Jlr. Ridgway That conversation was testified to yesterday Wltnoss It was yosterday. (. That was lu rogard to tho Yos, sir. (J.

That was tho amount you said you could not got, A. Yos, Bir. Then tho amount was changed to A. Yes, sir. Q.

Go on ar.d state what was 3ald by Jlr. Novins of tor those two conversations as to what the monoy or tho check was to bo paid for; Just toll what ho said and what you said? Goneral Tracy Aftor the two conversations which ho has already testified to Tho wltnoss (pausing) Tho conversation (another pauite) I recollect ono conversation with Mr. Ridgway. I hope I bavo killed hor." Whilo tho young man was making this statement John Marley entered the police station. Have you got a clgarotle," Eugborg asked.

No," ropliod Murloy. Then got me a Bald the young man handing his friend ton conts. Msrtoy got tho elgnrottes and hnndod thom Engborg, who procoedod to Bmoko thom. "Tho doctor says your mothor will dlo," ventured Marley. "I am glad to hoar that," was the reply.

I wm afraid I had not done the job properly." lu the meantime an ambulanco had been senl for and wheu the surgeon arrived ho gave It as hia opinion, alter a hurried examination, thnt tho bullet in Eugberg's groin must havo roachod a'vltai point, and rocommonded the young man's removal to a hospital. Engborg rofusod to go at first, but Anally consoutod and was taken to tho Homeopathic Hospital, on Cumberland Btroot. There a consultation of physicians conQrmod tho statement of tho ambulance surgeon in pronouncing tho wound fatal. A guard was placed at tho bedside of tho young man. Whilo thiB was going on Mis.

Eugberg was carried to hor own apartmonts on her refusal to bo taken to a hospital. Doctor Cal laghan, who was called In, found that both bullots had ontoro tho left sldo, one throo nnd tho other flvo iuche3 below tho heart In the doctor's opinion at least one of the bullots had plorced tho intestines and in his Judgment thero was no chanco of recovery. When tho woman bocomo more calm Dr. Callaghun probod for the bullots and llually toez both from tho woman's back. Sho Is still at homo aud refuses to say anything which would tend to criminate her son.

The woman and hor husband came from Denmark a quarter of a coutury ago and settled In New York City. Be3ide tho ono who did the shooting Mrs. Engborg has two sous, Henry, aged 20, and Louis, aged IS. GKISWOLD'S BILL WILL BE SIGNED. Nayor Whitney Withdrawn Hiti Oppoi iliou and Writes to the (invcrnor.

JIayor Whitney has withdrawn his opposition to Senator Griswold's bill to make tho Board of Education term threo years as of old, and last evening wroto to tho Governor roquosting him to sign tho measure. It will be romomborod that at the hearing given Brooklyn bills, ou Juno 9, Mr. Jenka opposed tho bill on tho ground that tho term was all right as it was. This boliof has beon changed by a deeper Inquiry Into the intricacies of the ca38 and tho possibility of bigger ones to como. Last year tho JIayor had tho right to appoint thirty new members undor Mr.

Jonks' opinion, but waived It. Thon the same right was supposed to extend to this year, also, but it doesn't Waiving it last year did not make it possible then. So, as far as Mr, Whitney la concerned, ho is Just as woll off with the bill signed, and out of a heap of trouble You Will Add to Your Health And comfort dnring vacation by using Skis Success SOaP. IMutt'k Chlorirtcu, a True Disinfectant. au uuorius3 tiiiur.1, very cnoap ana oinxiont.

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