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The New York herald. [volume] (New York [N.Y.]) 1840-1920, November 28, 1868, Image 6

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THE C011T8*
Periston* In Ad?lr?llj.
Before Judge Nelson.
B. Wtnsiow and Others vs. Hugh ManoeU, and
? ktv-two other Cases against different Collectors of
therortofNew rork, toreeover hack excess of <Xu
ta*.- These cases are before a referee for adjustment
?r tee amount of moneys paid In eacb case and
claimed as excess of the legal rates of doty. Mr.
flimnn Towie, who appears for the government,
moves, on the records of the Court and several affida
vits, to amend an order entered by Jndge Bmalley In
these cases 88th March, 1867, so as to require the
plaintiffs to produce and prove before the referee
the protests made and presented to the Collector or
annexed to the entries In each case at the time or be
ta* the duties were paid; and that the verdict
entered by consent, as appears from the records,
shall not be regarded as conclusive that such pro
tests had been exhibited to the Court In the
several cases and approved by the same. The mo
tion Is opposed by Mr. Qrlswold, who appears for
the plaintiffs. It appears from the records of the
Court that, In each of the cases, with some threu
exceptions, the verdicts were taken by consent of
theDlBtrlot Attorney, appearing for tbe collectors,
and of the attorney or counsel for the plaintiffs,
Without any evidence taken In the eases before the
Court and obviously without any hearing or judg
ment of the Coort in respect to them, 'ibe reason
assigned In the affidavits of the respective parties
tor this course?and in respect n> which there is no
reason to doubt?is that the court in a esse tried (as,
lor Instance, in the cases for charges of internal or
?oastwlse transportation, as an hem to be added
to tbe market vol us at the port of exporta
tion, or aa to the rule of commissions In different
countries) bad settled a rate of construction
that was applicable to many cases pending, and
?Pfit it would be a useless consumption of time and
expense to enter oa the formal trial of each case,
as it undoubtedly would bave been; and If tbe dif
Serent sinus and entries of tbe Bame had been sped
led lu each of these special verdicts and that pro
tests hail been duly made In each case when tbe
duties were paid the proceedings would have been
unobjectionable, and the business of the Collector,
clerk or referee In the several cases would have been
simple aud a matter of arithmetic. But, instead or
this precision, the verdicts have been entered in the
most general and lndehulte form, leaving It open
to doubt whether or not the District Attorney in
tended to admit that protests had been made on the
particular shipments or entries; and now a dispute
arises before the referee cpon this question,
the attorney of the government insisting that tbe
plalntltlls arc bound to produce and prove the pro
tests before the referee, and the attorney for tbe
plaintiffs that tbey must be taken as proved, and In
this state of the question resort is bad to conflicting
affidavits, the District Attorney affirming that It was
part of the agreement, when consent was given for
toe entry of these verdicts, that the plaintiffs were
to produce and prove the protests before the adjust
ing officer and that he was to pass on their suffi
ciency, subject to any objection token to them. This
Is denied by the attorney for the plaintiffs. As the
lmpcrrcct and indefinite form of the verdicts leaves
tbe question in doobt and matter of construction on
the record, in view of these affidavits, and for the
protection of the rights of the parties, as well as in
furtherance of justice, we shall direct that the plain
tiffs. In each of the thirty-three cases In the list be
fore us, shall produce and prove the protests cover
ing the entries in each of the cases the same as if
tbey were being tried regularly before the Court; and
if objection be taken to their sufficiency that the
referee note It and report the same to the Court, either
during the progress of the adjustment or ou the dual
report. Wecome to this conclusion the more readily
as I can see from the general terms of the verdict and
Uupcrfect manner of its entry?It may be true that
these protests In most, If not all the cases, may not
have been passed upon by the Court, or, at most,
could only have been admitted as sufficient by the
District Attorney in giving his cousent to the ver
dict, and which he denies in Uis affidavit. This de
cision may be taken by referee as applicable not only
to the canes in the list before us, but In all cases
Mmilarly situated. Until this system of consent ver
dicts came into prartice the cases were heard by the
Court, which examined and passed upon the pro
tests, and the reference was simply to make the ad
justment in figures ou the principle decided in the
case, i he cousent verdicts cannot be admitted to
have the effect of depriving the government of the
right to have the judgment of the Court where any
question is made in respect to them, either m ad
vance or ultimately, when the report comes In. We
observe from the papers before us.lt is claimed that
we have heretofore decided that prospective pro
tests are sufficient, even as It respects a collector
succeeding the one to whom the protest was pre
sented. We have no recollection of such a decision
and do not believe the record of an? such will be
found, in the case of Fowler and others vs. Red
field the report of the clerx came la-fore us, and one
of the exceptions taken was that tbe prospective pro
test was not sufficiently explicit end direct within
the act of Congress. That decision was placed on
the ruling of the late Chief Justice at the Circuit,
whicb was affirmed by the Supreme Court, in the
case, we think, of Marlot vs. Bruno, 9 How., a. to
which case a reference was made, we did not In
tend to go beyond that case: ami our Impression is,
though we have not looked at the case lately, that
the prospective protest there was applied to au entry
made during the time of the Collector to whom it
had been presented, giving him notice that they
should claim all exress of duties thereafter paid on
the same article of merchandise. We can readily sec
that the application of such protests to a succeeding
collector, who cannot be presumed to nave informa
tion of the protest, might lead to embarrassment
ari l evasion of the intention and purpose of the sta
tute. The counsel may draw up a rule lu conformity
to this opinion.
The HenMUlonat Drama In Court.
Before Judge Nelson,
The "After Bark" litigation was net down for
yesterday morning to Toulinue argument. Mr.
w. l). Booth, counsel for the plaintiff (Mr. Henry
U. Pulmcr, of Ntblo's Garden), was about ad
dressing the Court, when Mr. Stonrhton anted to
tnlcrpo-e fur a moment. Counsel then stated to Ihe
Court that Mr. Clarence Reward, principal coun
ae tor the defence uuougH then in court), was too ill
to proceed with the case or indeed t<> alt In court,
aud he vMr. r-ioughton) anted the Indulgence of the
Court while asking ou the behalf of his learned
friend that the case be postponed for a few day*.
Ine court at once assented to a postponement,
fixing Monday next for the continuation of the
Tile Alleged Tradesmen's NiUlvntil Itnak
Before Judge Blatehford.
TTw rifled SIMM re. (iarrtrr C. Vaker.? Pie hear
ing In this case was resumed yesterday morning.
3be first witness was
Anthony llaieey, whose examination was con
tinued from the previous day of trial, the titles of
various books put in evidence were sworn to and
Identified; the deposit Wok is the book In which aire
entered all depoaiU from doa.ere from II to Z and in
which ihe rerelvlng te'ier enter* deposits received:
tn cxh.ou (i the words "second teller" mean receiv
ing teilsr; <gi one aid* uie entries show what the
?eeond teller received, the other what he paid to the
II rat te'ier; exldblt C shows certified current aecount
between the uders; tbi se accounts ent-r into the
?(.count ol the book and ought to appear on t ie
right side of the pro:f Wok for that nay; the foot
lag of exhibit C 01 g it to appear un the right side
<if the first tei.ar'e proof opposite the worda "second
teller:" on Augu.u l.. was looking at Mr. Berry itha
Atesldrnt of the hunk) while he wo# engaged ui
counting the money of the bank: wttnes* wax watch
ing Mi. Belly's ooutu-virtually oouutlng It wiui
'1 o the Court?Mr. Berry sal et the table, witness
loo-lug over i.is Hhouldci as lie counted Uin niuii-y;
the packages were dons up; followed the count ns to
buckag* aud looted them op; we cuuuled ft60,M* ai
legal u-nders; tuu receivingtedef occarionalty makes
up a deposit tick* i foi .i convenience to deposuoia,
Mr. Arnold h it the bank August lit; could not ray
whether Mr. Arn<> d's < .u,ti was Miort August Id or
Hoi: took the deposit slip produced from ihsde
ft'udsai'adrawer. ueKndtnt babied the key of the
d awer to Mr. berry; asked ib? dcf'nC.ant whore the
dincresce was. a?d he replied, in irgai tender
tautes you will flail It aJilti'h- vgai tender notes;"
w? weia speak lug about bis deflcieai.!w? at the time:
Oeleudani did h it us- lbs w. rd deficiency; >a< kut
u?.,er wss authorized to certify < uerksfor dfposutrs.
?no such chacka the bank bound topa|;tbe
??:'?? nnts went thr-.ogh me i.'iva- n< liousa as \ were
tnrre paid in egai tenders, asset's cash was not
counted on (be sight of tho nth; the paying teder s
vault was open on he night previous: wr.o*as and
lb.- pus. lent were pieaeitt when the vault was
opened; tn- dalandant bad left previous to the*.
Thn f>itm-t? a aa croes-vxainined, but nothing im
port ani was elteited.
one or two?t<ur witneaaee were examined, but
n< thing Ui ui.;lr testimony threw any more light on
tne rase ihso may have been derl/od from the e\t
Aeuce of the witnesses previously on the etand.
Oouusel on loth tide- rested the defence, calling no
witness?*, but tntendtag to alilreaa (he Court thus
morning on a motion to discharge the defendant
tipoa fii" testimony put forward by the prosecution.
loiinyl fur the givcrnmrnt. Messrs. Phelps end
j; t. fnltel PUtes A?*u;*nt otatrlet Attorney:
N>'<?r*. John B'ugwiok aud d. (J. B.idtailfor the
Itcfore Jedga lUetchford.
111'.' Mm - rvf >T'ilam U. LUU*, a Mi krupl?
r ti'i toe d--lierge of "ie beokrupt was np.
I i ? i- cause shown. The Court re/need to die
< (i wens of jurisdiction to graatll.
? ?; r?<(A'htiuifnA'atCMiri, 0
I i? burg' )< luxe >.
The Oeema T*lecra?h IJtlgatlaa.
Before Judge Barrett
Bidden tm.UUle This cause,involving the right to
? patent for improvement in the means of submarine
telegraphy, waa specially appointed for trial yester
day. Profeaaor Doremus, General Lefferts, Mr. Head
and many scientific witnesses were in attendance for
the different parties. Upon the statement by coun
sel that the trial would occupy several days, the case
requiring a minute analysis of machinery and draw
ings, the Court held that It would be too long to be
entered upon and adjourned the hearing until the
first Monday in February. C. A. Seward and H. K.
Cuuuuings for piaimiit; Edwin James for defend
Tnn Wmni* Ybstsbdat.?The following record
will show the cbangea in the temperature for the
past twenty-four hours, aa indicated by the ther
mometer at Hadnut's pharmacy, 218 Broadway,
Haasi u Building:?
t A 11 43 BP. M 47
6 A. M 48 C P. M 44
e A. II 44 IP.M 43
12 M 40 12 P. M 41
Average temperature 43 X
Average temperature Thursday 48'?
Fatal Railroad Accident.?An inquest was held
yesterday by Coroner Rollins, at the Mount Sinai
Hospital, over the remains of Lewis F. Warrington,
a brakeman on the Hudson River Railroad, who, It
will be remembered, waa severely Injured by a
bridge several days ago. A verdict ol accdental
death waa rendered.
Champion Running Match.?WUUam Lang, the
champion long distance runner of England, and W.
E. Harding, the champion three mile runnef of Ame
rica, signed articles of agreement yesterday to run
odo hnif mile for the championship of the world.
The match will come off Saturday, December 20, at
the Fashion Course, L. I., for $1,000 a side. James
Murphy Is the stakeholder, and $250 was deposited
to bind the match.
Th* Mukdkb or an Italian in Crosby 8tr**t?
Action op tbe Coroner.?In the case of Domlnlck
F. Koea, an Italian musician, who was fatally stab
bed oo Sunday at 68 Crosby street, as already re
ported In the If skald, Coroner Flyun yesterday
took the necessary steps to secure the attendance of
witnesses, and he ascertained that the assailant had
not yet been arrested, though a correct description
had been obtained of the fugitive.
Accident in Pake Row.?Yesterday Llzzlo
Uelster, abont thirteen years of age, In attempting
to cross the railway track near the turn off at Ann
j street, was knocked down by the horses of one of
the Bieecker street cars, and the front wheels of the
car passed over hor body, inflicting very severe In
juries. She resides at No. 3 Vandewater street, but
was carried by the police to ifelievae Hospital,
where her wounds were promptly dressed.
A November Rainbow.?At ten minutes to twto
o'clock P. M. on Thursday a beautiful rainbow was
visible in the north-northeast. The altitude of the
arch of the bow was twenty rietrroes. Rain hail
fallen pretty freely throughout most of the forenoon,
ceasing at half-past eleven o'clock. Shortly before
two o'clock It commenced to rain again, when sud
denly the sun shone from the dispelling clouds, when
the bow appeared In its varied hues of orange, violet,
crimson and blue.
Sudden Deaths.?Cornelius Fitzgerald, aged
thirty, and a native of Ireland, was found dead In
Third avenue, between 117th and 118th streets. The
remains of the deceased were removed to the resi
dence of his father, 516 East Sixteenth street, where
Coroner Flynn will hold an inquest. Charles Brown,
colored, and aged forty-five, who had been commit
ted at Jefferson Market as a vagrant on Thanksgiv
ing day, died suddenly yesterday morning. Coroner
Rollins held un inquest, when death was ascertained
to have resulted from exposure. A man named
Itooney, whose residence is unknown, died suddenly
yesterday at 364 Seventh avenue. Corouer Flynn
will hold an inquest. John Powell, of azo Fenrl
street, died very suddenly yesterday while attending
tne 'Longshoremen's ball at Irving Hall. Coroner
Flynn held an Inquest and ascertained that death
had resulted from natural causes.
The New quarantine Station in the Lower
Bay.?It is now stated that fears are entertained for
the safety of the artificial island built in the lower
bay for quarantine purposes. A meeting of the
Quarantine Commissioners was held a few days
since, and a communication was received from tli?
eugtneer of the structure now tielng erected in the
lower bay fur the accommodation of persons coming
Into this port Having contagious diseases. In his re
port that gentleman recommends an Immediate In
crease of the rip-rap work around the crib work of
the foundation lor llic new hospital to Hie amount of
30,000 tons of stone. General Green, of the Croton
Aciued net Board, on being consulted tally endorsed
the opinion of the engineer. Indeed the General
went even further, in stating that "the safety of the
structure demanded the additional protection to be
made at once."
Custom House Draws aces.?Great inconvenience
is being felt bv merchants directly who transact
business in the Cuitom House relative to the new
orders of October 30, 1868, especially to the signing
of bonds for duty paid aud warehoused goods. For
merly a merchant was permitted to sign his bonds
as well by attorney or through his broker, but under
the new elutc of things he cannot do mo. but must
bring with hint on each occasion that be receives a
shipment another merchant to sign for bunas se
curity, and when the amount seenred by any bond
exceed* the sum of $t,ooo two sureties are required,
each of whom is tailed upon to make oath that he is
worth the iimount that msy be stated in the bond.
The brokers are strictly prohibited under the new
regulation from signing bonds it* sureties for their
principals. The drawback to business ever Mure the
new regulation* came In force has been very great,
and during the busy season the rush of boainese and
inconvenience will be seriously fe!t.
I Funeral ou Felix Lahein?The funeral of Felix
Larkio. the pugilist, and the victim of the recent
?tabbing affray corner of Iludeon and Canal streets,
took place yesterday and was largely atteuded by
that ciaas of persons with whom the deceased was
wont to associate. The body was placed in a rose
wood coffin and exposed to view in a room on the
second floor of the house In wnlch the deceased kept
his s&loon, corner of West and Charlton strecta.
Here It was visited for four hours previous to flnal
removal bv friends and acquaintances. The coffin
was transfer!.-d to the hearse, drawn t>y four white
horses, hena'or Norton, Alderman Ignatius FlyDn,
ex-AMH-tubl> man Christopher Johnson, peter Mitch
ell ami eight others, prominent men of the Eighth
ward, acted as pan bearer*. The line of procession
was formed by over 6oo members of the New York
Volunteer regiments, marching four deep, and each
bearing u nourniiig badge on his left arm. The
funerai cortege numbered forty-six carriage*.
Among the special mourners was Ned O'Baldwin.
the Irish giant. Hie .remains of deceased were In
terred in Calvary Cemetery.
Tn* Hsai.tii Board and Nuisancer One hun
dred and aeveuty-threc new complaints made by the
Health Board against owners aud lessees of tene
ment houses were called up in their order yesterday
morning In the Nlxtk District Civil Court, before
JndgoThaddftis H. Lane, the 27th of November being
the return Jav of the summons. Thirtr-three were
discontinued by the attorney of the Board, the par
ties coMpla'ticd of having compiled with the law and
paid the cos is. The rest were pos'pojed, neither
plaintiff nor defiM-lant* being ready for trial, in
nearly equal proportions to December n, s. 8, 11 and
18. The oa*o of commodore Yauderbilt, for allowing
a nuisance or. Ms vacant lots on Bay street. In Kdgu
wnter, Mater. Island, was alat> adjourned lo the iith
of December. There amorally two hundred new
complaints preparing at the ilea th oflce, which
will be brought Into com I next week. Maranal Lush
has dow tn his hamla over one hundred ezecuiioos
to collsct judgmi bis heretofore modeled in similar
ca-es lo Una court, sixty of which authorize the
Marshal to arrest ihc defendant* In .?-? of non-pay
ment. Anovuer b .dget of like executions wbl lie
issued in she course of the following weak.
negotiations relsMte to express companies tiiva
re*'jdfd in ti>s i opsutidatioo of the American sod
Merchant*' Unto* Companies. The articles of asso
ciation nave been formally szeenwd. with the fol
lowing board of directors:?Oeury Walla, Kimors p.
,U)?s, Am. (M l arge. Wis. 0. Besrdsley, Edward H.
JudS'in. Wm. H. .??award, Jr., James O. Fargo, John
N. kwapp, Johnston Livingstone, Clinton T. Backus,
James m. Tiiompsoa, Theo. M. I'omeroy and Bsnj. P.
Cheney. At ao sienloB of offlceis, held yesterday,
the follow og gentlemen went elected:?President,
Am. <1. Fargo; vice President, Tbeo. ML Pomeror;
Trtsatirsr, E nure p. Ross; .Secretary. John N.
Ksapp: ustisrsi ,*tip?rinie*d?nt and Assistant Trea
sury. Junes C. Fargo. The new arrangement goes
, isto effect immediately, it Is expected that the
| practb-sl business or the new company will bt ad
lusted to the new beats within the coming wsfk. and
I that thnreaiter the increased expenditure sgused by
tha present duplication of llnas will cease. The con
I aouflatlon is made upon terms of aotlrs equality be
tween the two companies, the detail* of whieh will
be made pnbho at the sanisst possible day. Fur
the purpose of effecting this arrangement Messrs.
John A. ureen, Jr., n. %F. Biocum and K. O. Storks,
on the partof the Merchants' Union Express Oont
l.ir,r Pillions as members of the
executive committee,
Tarubt Exouaaiox dp rue awsricam News Cciir
pant guard. -dm Thaukagiring day the employes
of the American News Company, to the number of
seventy or more, equipped I lavUUtairt with blue
. overcoats. Alpine hats and bisck pant*, visited
Jo ie*' woods for Hie purpose of hiung i social
Thanksgiving reunion and some target practice. In
I gtaeral appearance, soldierly hearing and genus
man!/ deportment the entire party tun nrver been
I Stceli-d by soy similar organisation. Their frleuds
bad presented to the company a large number of
1 vaiuahM and useful ari.ur# r, be d is tribute j a
prism according In the programme which might be
h< rouged for the occasion. After the company had
finished Uie nhooting the members together with a
large number of guests, v mi ted turkey roav,
and after doing the agreeable at a good,
hearty Thanksgiving dinuer several of the
party delivered impressive ami appropriate
l hunkrgiving sermons. The guests thanked their
hosts, tue members of the Ai icrlcau Ncwa Company
thanked the members of the company for tneir
efficiency and attention to their buetnesa do ring the
past year, and the member* of the company thanked
their employ era for the consideration which had ever
been evinced by the latter (or the comfort and
amusement of the former, and thanked those who
had coutribnted the prizes which gave zeat to their
spurt, and all hands heartily thanked llnu to whom
thanks are ever due. The principal prizes were as
follows:?Pint prize, gold hunting case watch and
chain valued at fJOO, won by Joseph P. Alldritt;
second, first class sewing machine valued at giao,
won by Marcus Duggau; third, sliver hunting case
watch, with chain, |"i6, by Lieutenant W. M.
Chapman. There were several other handsomo
prizes, a uong them two beautiful silver watches,
one valued at $75, the other won by W. J. Lau
der and J. 11. Lee respectively. Theu there were
two $20 gold pieces, silver ware, costly books, ac.
The prizes were so divided that every man drew
something, none, however, of less than $10 in value.
Everybody was pleased and gratefully acknowl
edged that there was good cause to remember favor
ably- tbe day and the excursion.
Ths Broadway Thrathi OUTKAOI.?The Investi
gation In the cape of the Broadway theatre outrage,
which was to have been resumed yesterday at the
Essex Market Police Court, was postponed until to
day In consequence of the unavoidable absence of
Sheriff O'Brien's counsel. It Is probable that a do
cision will De rendered to-day.
Honorably Discuauukd.?John Heckler, who
was arrested on the occasion of the celebration of
the anniversary of Evacuation Day, on suspicion of
being a pickpocket, was upon a full hearing of the
cose honorably discharged by Justice Dodge, ilisrt
not being the slightest cause for the action of the
otllcer who made the arrest.
Cahoot in tor Act.?Patrick Gorman was yes
terday caught by Jotm Dayton In the act of leaving
his store, No. 31 Chambera street, with eighteen
coats, valued at $200. In his possession. Gorman
was forth with secured and handed over to theteuder
mercies of a policeman, who arraigned ma prisoner
before Justice Dowilng at the Tombs. The accused
was held for trial.
Stabbed in tub Brkast.?Marcus Denziege, re
siding at No. 92 Bayard street, who peddles articles
of wearing apparel for a living, entered the business
place of Patrick Modeler, rather a rough specimen
and well known to the police, yesterday morning
and attempted to dispose of certain of bis articles to
luiii, when thoy became Involved in a quarrel, re
sulting In Uockler stubbing iua visitor In the breast
with a penknife. The wound, fortunately, was not
serious, but Mockler was at once apprehended and
taken iiefore Justice Dodge, at the Jefferson Market
Police Court, who committed hliu to answer at the
Court of General rtessioua in default of $ooo ball.
Danukbous Assaults.?Win. Harrington, of No. 4
Greenwich street, became involved in an altercation
yesterday with Peter (Jnlgley, when a tight occurred,
and Harrington received a very severe ami danger
ous wound in the neck, inflicted, as Is alleged, by
yuigley with a kmfo. the weapou dividing the facial
artery and causing excessive hemorrhage. A physl
clau's certificate was shown to Justice Howling
when Qnlgley was arraigned before him stating that
the complainant could not possibly appear In conrt.
The priaouer wua accordingly remauded for the
| present. Thomas O'Nell was also arrested yesterday
and arraigned berore Justice Howling on a charge
of having assaulted James Lee, of No. 10 Jackson
street, with a curt rung, causing him severe injuries.
O'Nell was held to ball to auswer the charge.
A Huctai. Pouceijan?Among those on the re
turns of the Twentieth precinct, arrested Thursday
night and sent to Jeifersou Market Police Court yes
terday morning to be disposed of by Justice Hod go,
was one George Ouikin, aged tweiity-oue, residing
at No. 325 West Twenty-ninth street. His head was
bandaged with a towel that presented a very bloody
appearance, and his tern clothes denoted that he
hud been rougnly dealt with by some one. Otllcor
McLaughlin, a burly specimen of a policeman, ac
companied the prisoner and charged him with being
disorderly in the public street. Justice Dodge, aft' r
hearing this statement, asked Culkin In what man
ner his head had been cut, when he explained that
with jut tne leuet provocation the officer had brutally
assaulted him with his club, torn his clothes and drag
ged linn to the station house. The Court then quietiy
turned to the officer, and after asking biiu how long
he bad bee:- upon the police lorce and where sta
tioned. discharged the young muu with the Injunc
tion that "In future It would be boiler for him to
keep ont of the clutches oi such onteers." It. seems
the assaait wis merely the result of a brutish pro
pensity to "sina'sh" somebody, or if It were not
oillccr McLuugnlm poorly vindicated hliustfll.
Judge Rowling's Nrntlnonlii.
The lactthat a warrant bud been Hum J by Judge
Oowiing for tue arrest of tUc champion pugilist,
O'Ualdwin, was published in yesterday's Ukkald,
the lact having become well known in certain
circles. Yesterday morning two respectably dressed
persons called upon the magistrate at the Tombs and
inquired U a warrant was out for tho arrest of their
Mend, O'Baldwin, and when answered in the aillr
maliro they requested that the lriah giant be allowed
to attend the funeral or his deceased Mend and
patron, Felix l.arkin, which took place yesterday.
Judge Howling said he had no wish or desire to
shock the feeilngs of the relatives or friends of the
murdered man. and he hail already instructed the
unices having tue warrant not to seize tne person
of O'ltaldwtn did they not find him before tne burial
services had commenced. lie had ordered
tncru, however, to arrest O'Ualdwin as
soon as decency would allow, and forth
with arraign him before him, the coin
in ittlng magistrate. The two friends of tne imper
illed pugilist demanded the cause of the proposed
arrest, and they were informed by the magistrate
that he considered tho so-called champion to be a
ruffian, without courage and stability. Us was not
considered a pugilist 0/111100 who ought to know,
only a "duffer" and a "macer" (dead beat). He had
been the cause of considerable disturbance and
tumult ever since he came to the country, and the
man who had been murdered had lost his life
through O'Ualdwin, the intimacy between theiu
having led l.arkin into scenes of disorder and made
turn crazy with bad liquor. The deceased had be
come the bondsman of O'Ualdwin, and was respon
sible, while living, for bis good conduct; now there
was no check upon the fellow and Judge Howling
was determined that so fsr as lay in his power he
would keep h in qulst.
The two Mends then retired, only half satisfied
with the remarks of the magistrate.
Judge Howling also took occasion to comment
ujmjii the premature publication of the varraut being
out for O'Ualdwin, and be seld that he was pleased
to learn that none of the reporters attached to the
tombs Court had betrayed the confidence reposed la
them, lie woo d merely remark that Hie author of
the report In the Herald had been guilty of a mta
d< tneanor, and was liable to arrest and Imprison
ment. lie wis determined in the future to prevent,
If possible, the ends of justice being defeated by pub.
li< atlon of contraband news, though he always
courted rree Inquiry In all eases. The proprietors ot
newspapers did not wish, he waa sure, to have their
employee break any trust conOded in them, and he
was sorry to tlnd that in the present ii stnuee there
i was no remedy, as the delinquent had riot ootalm d
his information from the oourt.
AUeGCO 117,000 iiKZa.jgr.llT.
tt will be r<- ? muttered bv readers of the H*bali>
that in October last an account was published of th?
sudden dlssppuraneg of Isidore EUlnr, a young
Hungarian of this city, who had been entrusted by
an Importer, named 8. M. (lermnin, witn sixty-Ave
gold watches (Siugle and double eases), *U silver
watches, gold obaias, revolvers. Ac., amounting in
tb? azgrcpate to shoot 917,000. and which valuable
property the satd EWler had purposed taking Wwt
for the purpose of selling it with profit, for oermaln
aud corresponding gam to hlmetlf. It seems
tnst the goods wire delivered to the young mer
iiunt and he started on his way rejoicing.
Some weeks p is -d and Mr. (lerms'n heard nothing
fr..ia I 'sier nor ltd the anticipated funds realised
from H e sa'o of his watches come to hand. Agent
as well a< property remained entirely bidden. Be
coming alarmed, Inspector Oeorge W. Dliks was
< onsnited and everything possible done to look up
the defaulter. Card photographs were made an J
circulated throughout the country, accompanied by
an offer of $100 for the whereabouts of the missing
man and the recovery of tne goods he had been en
trusted wttn 1 ae ian beard of the alleged swindler,
up to some time luring the present mouth, be was
In Kansas City, Mo., disposing of his watches.
on the 17th of the pr? sent month, an officer con
nected with the Ohlctgo branch of M<*t?r? Warrln.
Whipple, Turner * Co's, rjeaotai Detective Police
Agency, So. ea Broadway, spotted a man in the
foi mer city, whom he put down as Isidore Rtslor.
although fee was sailing under tho cognomen ot Usury
Wonderie at the time, Word was at once
sent to New York. Inspector Dllks and Captain
John Yonng, of the Metropolitan Police, were again
consulted, a likeness and more careful description
of Ktsier were sent to Chicago, ana ou the iwth lust,
the arrest was made. On the iftth Inst, the e*?,a|.
nation took piacs before a Chicago police magistrate
and the Hungarian was held in heavy ball to uw.vit a
requisition from the Governor ot tula state, which
tfee authorities are now engaged In procuring It
will tie ready in a few days ami an officer win then
tie sent to bring Kwier u> this city.
It is not stated that any of the missing property
has been recovered, bnt It Is more than probable that
upen bemg confronted With Mr. Oermaln the allege t
| absconder will mats known the Whereabout* tit the
wan hoi snd Jewniry or girs up the mousy tie must
i have received foi ihcrn,
bbai estate matters.
Tbe concurrence of two holldavs and a Urn tn one
week Have been too much for dealers. No auction
j gules will be bold until next week. In tbe meantime
real estate la firm but Inactive.
Officio) Transfers sf Real Bstate Yesterday.
than areas is sew tobk on*.
L*itrenaat, No 214, *5x100.... n0?
Laurens it, e a, lot 171, Bisect or estate, 15x100.
aai...- Ma. sr. jC a ? si a ua ik...L.. ... AAieta
fun. Not It, 2a. 39, SI sail iil, Dyckiuan eilate f 37,SO)
~ , DroHua f
Plot No 74, Dyckmaa 1,040
Plot No 7s, Dyckmaa estate 4^100
Plot No S3, Dyckmaa estate ....14,300
Su.yresant, a i. 141.3 ft ? of 9th ?V (Irregular) .....14,600
2Sd it, n? cor 9th ar, 66x80 ...... 40,001
Silt it, a a, 47.10 ft w of Lexington ar, 18.6x54 6,000
i9lb it, 11,131 ft w Of 6th av,60xtK8. Nora.
41st it, a i, ISO ft w of ?th ar, 36x98.9 S3,500
45th it, a a, lot! 294, 236,296 and 397, Hermitage eitata. .11,000
57th it, a ? comer 8th ar, 100x135.66 63,600
71 si it, n 1,371 ft w of 0th ar, 36x103.2 6.500
Both it, n e corner 6th ar, 77.3x100x35x76x103.3x176 H0,0o0
84th it, n i, 361.8 ft w of id ar, 30x103 11,600
106th it, a w corner Id ar, 36.6x100 9,0 0
lOoth it, n a, loo ft e of 5th ar, 145x100.11 15,000
113th it, a a, 118 ft w of ar A, 86x100.10 1,600
113th it, a a, 300 ft e of lit ar, 16-lxloO.lO 6,800
117th it, n a, Randall aetata, lot 93, 26x100.10 8.600
li:th 11,11, KandplJ estate, lot 93. 27.ilU0.10 8,000
135th it, a a, 60 ft w of 6th ar, 100x3 -0 34,000
136th it, a a 310 ft e or 9th ar, 100x300 34,000
136th it, o a, 417.8 ft a of 3d ar, lH.9x99.ll 7,099
138th it, a a 660 ft e of 6th ar, 99.11x125 16,360
18"tb It. ? a 323.6 ft o Of 6th ar, 63.6x99.11 9,760
182d it, n a, l'i6 ft e of bth ar, 18.9x99.11 6,660
3d ar, w a, lot 607,|Roger* eatata, 94.9x130 33,140
6th iv, n w csvrner 86u at, 16.11x196x83. U7.10il3.10xl7.3x
9x69x31 Nom.
Bleecker it, ? a, 60 ft O of Thompson, 25x126 1,500
Hamilton it, No 88, Ellzaboth it, No 34, Cantro Market
place, No 6,1-13 part ?
10th it, No 4<H a and No 694 Wator it 13,430
John it, No 109, Irregular 4,900
Monroe it, n 1,38.8 ft ? of Jeffenon it, 96x130 Nom.
6th im i, 126 ft e of ar 0,19.8x97... ..7. 11,400
63d it, I a 305 tt e of 7th ar, 30xl0o.6 30,000
67th it, n i, 300 ft w of lit ar, 32x100.4 .4... .36,000
66th it, 11, 231 rt e of lit ar, 18.9x100.4 Nom.
76th it, n I, 296 ft a or 6th ar, 36x304.4 16,600
76th it, n a 220 ft ? of 6th ar, 76x103.3 34,900
80th it, n i, 279.7 ft w of 3d ar, 35.6x103.3 8,6.10
93d it, s i, 327.8 ft e of 6th ar, 15x100.8 2,335
122d it, u i, 4u0 ft w of 6th ar, 300x301.10 Nom.
134th ?t, n i, 150 ft e of 9th ar, 100x200 22,000
125th it, ? l, N ? of *T> 100x300 j3o 0
ISlit it, n e cor Broadway, 26x371 3,625
133d it, n 1,200 ft e of 6th ar, 99.11x176 11,000
lit ar, w a r* n "f 1Jstb at, 34x50. 7 0
4th ar,e a, 92 ft s of 117th at, 18x63.4.. 6,000
4th ar, e a 64.11 ft a of 117th at, 18x63.4 8,04
4th ar, a e, cor tilth at, 15.10x64.11 8,000
10th ar, o i, 148 ft n of 164th at, (Irregular) 66,000
Broadway, Noi 258 and 360, 6 rra, per yr 40,000
Broadway, Noa 269, 259 and 260, 5 yn, per yr 19,000
47th it. No 79, w, 6 yrs and 6 m, per yr 7u0
94th It, n i, bet 3d and 4th an, 8 yri, per yr 900
3d ar, e a 36-5 rt a of 63d it, 50x100, lJyrs, per yr 800
Broadway and Brooklyn ar, i e cor, 779.1x300 88,300
Clay at, n a, 350 ft w of Union ar, 26x100 8,800
Columbia it, n a 26 ft e of Mlddagh it, 35x160 Nom,
Conselyel at and Bush wick av, a e cor, 65x95x63.1x93.1.. 8,376
Conover it, I e k, 100 ft ? w of Elizabeth at, 20x80 3,400
Dean it, a a, 336 ft from Buffalo ar, 25.6x90.4 826
Ployd it, a a, 386 ft s of Tompkins ar, 19x100 4,400
Kosciusko it, s a, 425 ft a of Maror ar, 37.6x100 1,000
Mad linn at, n a, 166.3 ft w of Bedford ar, 18.9x100 8,000
Nassau it, a 1.120 ft ? of Hold it, 20x107.4. 10,000
Remien it, ? s, 75 ft e of Ewen it. 25x76. 2.360
Rush it, 11, 215 ft e of Wythe ar, 26x100 1,800
Rush it, I a MU ft e of Wythe av, 25il00.. 1,600
Rvenon it, w I, 444 ft a of Myrtle av, 90x100 5,000
Schermerhorn and Nevlnnti, n e cor, 36x75 8,500
Kchurler it, ? s, 100 ft n of Saratoga av, 60x100 ) .
Saratoga av, e a, 75 ft n of Paclbc it, 35x100 ,ww
Union It, n s, 90 ft e of lloyt it. 30x100 4,800
Walworth it, e i, 236 10 ft i of Myrtle ar, 35x100 860
Warren it, n i, 100 ft w of Hoyt it, 20x100 ) ?
Warren it n i, 140 ft w of Hoyt it, 20x100 f B-4U0
WyckofT it, s i, 396 ft e of Hush wick ar, 33.9x70 600
1st it, ? i, 219.11 ft w of Bond it, 19.9x83.9x11.8x83.3 6,500
place, d i, 73.4 ft w of Clinton it, 23.4x138.6 14,000
2d place, L-, - . . _
2d it, ? s, 140 ft w of Bond it, 20x100 6,600
North 2d it, n s, 50 ft w of Ewen it, 60xlW) 2,100
North 9d It, ? a, 47.4 ft e of 9th it, 100*82x2.7x75*100x35... 9,400
6th it, e a 101.10 ft n of (Iran i it, 21x92.3x81x79.10 8,200
South 9th it, I a, 24 ft w of 5th st, 24x75 Nom.
86th it, n e i, 135 ft n w of 4th av, 60x100.2. 9<10
Bedford ar, ? s, 60 ft D of liatea ar,30x96. 7.000
Carlton av, w I, 242.7 ft ? or Kulton ar, 25x100 3,5-0
Pulton ar, n s, 25 ft e of Butler ar, 60x100 000
Kulton ar, n i, 2>!t e of Butler av, 60x100 4,800
Oraharo ar aud Alnille it, a e corner, 25x75 3,113)
(trabam av, e s, 20 it n of wjrckotT st, 20xl<K> 1,0 '0
Lafayette av, 11, 125 ft e of Franklin av, 16.9x100 6,1100
Lawrence av, 11, 125 ft e of 8d it, 26x100 125
Noruian ar, n I, 76 U w of Eckfurd st, 25x100 4,750
S-henectady av and Earl it, ? 6 corner, 300x300 3,d00
Schenectady av and Earl it, ? e corner. 200*300 10,000
Schenectady av and East Clarkion it, a e cor, 100x167)
Garden it. n i, 100 ft ? of Schenectady ar, lUOxloUx I
88.6x101.4 I
Eait Clarkion il and Schenectady ar, ? w cor, 200x ,
194.9x300x200 * f
Garden it and Schenectady ar. ? w cor, 'JOUxMI I
Diamond it, n i, 100 ft w of Schenectady av, 97.10x100. I
Diamond it and Schenectady ar, ? e cor, 100x196 J
Tales av, n i, 69.9 ft n of M inroe it, 16.8x90 3 800
Loll 17o, 173, 174, 190, 192, 233, Poppletun map, y C 300
Peariall's Corneri to Near Rockaway road, adjoining
Dc kfott, 150
Jamaica road, a a, 153.9 ft e of Fon e.it ar, 6 lota. 38,000
Jericho to Hlekir'.Uc road, n a, adjoining Schneider's, 4
acres 700
South Oyster Bay to Woodbury road, n w i, 36 acres,
plain land 4,900
Lots 190 to 193 incluiire, tnap Locust Urore 700
Flushing ar and 3d at, 58.8 ft e of o rner, 25x106x35x113.. 160
Rocknwar road, adjoining Nellion'a, 11 St acre* ) ln,
Plot adjoining Lawrenoe's, 40 acrei, marsh j
TKANSrXr.8 in fhbex countr, w. J.?NEWABU.
'!? 5,200
Astor it, a e, 50 f. s of Hrumwlck, 25x94 900
Iton it, ? I, 76 ft ? of Marshall it, 36x100. a....
Charlton it, ? l, 76 ft ? of Marshall it, 36x100. ft 0
Fairmont ar, e I, 200 ft n of Code! it, 100x150 2,10,)
Frederick at. e a, SCO ft ? of Market it, 35ilOO 1,550
Wilier it, n s, 900 ft e of Ptnoiylranla ar, 16 front 9 0
Plane et, w i, VS Huxley's prop, 24 front. 2,OOU
J A Darts' prop, Oakland ar, e e, 116x133... 1,735
Cottage at, n a, 808 ft e of Upper road, 40x180 2,000
Rabin Smith's, I tracts, one 40 acres, one 910 acree 8,000
Sussex ar, i s, 200 ft from Stirling at, 60x94. 230
Another Attempted Murder?A Rowdy Shoot*
Hie Rival.
The ruffians of our city seem to hare changed their
base In the manner of obtaining satisfaction of those
whom they feel have wronged them. They have
always been famous for taking the law Into their
own hands; but until recently a tight where broken
noses and dislocated jaws were the result of the con
flict, with an exceptional case of using the knife,
would terminate the difficulty. Dut this moderate
way of "getting square" has been abandoned by
them, and now firearms and the knife aro dally
used, and the police returns are seldom without the
particulars of a deadly affray, where life has been
sought by the assailant.
Tho latest ca-w of this character?a shooting
affray?which providentially did not rosult in mur
der, occurred yesterday morning, between two and
three o'clock, In the lower part of Ureene street, one
of tho most notorious quarters of the city. It Is lined
with resorts of the worst possible character, which
are the haunts of vile, desperate and murderous
members of both sexes. The details of the difficulty,
so far as could be obtained, were narrated before
Justice Dodge at the Jefferson klarket Police Court
yesterday morning, and are aH follows:?
William Arkanaaw, koeper of the low bag
nlo No. ar Oreene street, whose fa-d it
quite familiar in police courts, after Imbibing
a quantity of his own alcoholic poison crossed
the street and entered No. id, another den
said to be of even worse repute than bis own. kept
by a notorious woman known as "Laura," and after
reiiiinn'ng there a few minutes a difficulty aroee be
tween hun and one William Hall, who Is employed
in the house. After some difficulty Arksnsaw was
c) ? tad, This action so amazed him that he delibe
rately returned to his own place, and obtaining a
loaded shot-gun, recrossed the street, and, finding
Hall upon the stoop, pointed the gun at him, and
wltliont further parley shot him In the left artn,
badly lacerating It. At this time officer Fogerty. of
the Eighth precinct, hearing the loud report, rushed
to the spot In lime to arrest Arkansaw, who was run
ning from tho scene with the gnu half concealed un
der ins woolien Jacket, aid Immediately conveyed
In in to the station house.
The acc used, when gl-en an opportunity by the
Court to state why he made the felonious assault,
confessed that at the tune he waa drunk, and ex
plained that ho felt greatly aggrieved at his treat
tur.u in the bouse. He further declared that Halt.
who t? a notorious rough aud "hanger on" around
*he pia> e, grabbed his porketbook, contalalug {16,
whi< h h? eahihlted wben about paying for drinks,
snd because he desired It to be returned he was as
saulted by lull, who best him ou the head and In the
fan .land then--using his own language- shot the
gentleman.'* Justice Dodge committed the accused
in default of $.s,ooo to answer the charge, and sent
Hall to the House of Detention tn default of $500
ba,., a 11>< ceding uot at all relished by the Utter in
The Committee on Elections of the Union League
C.ub, of which William K. Dodge, Horace (ireney,
Moses ii. ortnnrll, Isaac Sbrrman Marshal 0. Rob
erts, Isaac K. Baliey snd John II. While are mem
bers, in<d yesterday at their rooma, No. 2?? Broad
way. The .?'iinrolitee adrcrtlaed that it was pre
paid to receive, through ita secretary, any persona
having information to give or advice to offer on tho
alleged fraudulent conspiracy in tho late election,
but a visit to tho secretary yesterday developed tho
fart that raw people presented themselves for either
purpose. The ctjnning'y devised advertisement
ought to hsve drawn a crowd, for there is always a
hoot of wise men ever ready to give advice on any
subject, even before they are asked.
Tuere are two rooms in No. U* in use by the com
mittee. both on the second rt?or snd edjolning. The
outer snd smaller apartment is devoted to (lie use of
the secretary. a pocte and rx< rrtingiy reticent
young tu*n There Is un off.ee desk, of course, in
which to deposit til the bundles of information ami
advice that maj come to ihe secret*!? In tnuuj
script, and two chairs are piate | ou either side of
the unf jrttiiate young genu rn.m so tnat he takes
In advee at one <ar and Information at tho other.
Judging from a mcmeutary glance through the par*
ttailyopi p door of the larger room, six or seven
clerks were busily engaged In writing, and a huge
pile of papers and lawbooks pil-d up on the org
table that extended the entire leujt? of the room
si.ggev.ed write, nio'ious, briefs and po.nts of law.
The secretary staled that be had iio Information to
give just lues, that Ue cieias were busy prrpaikog
evidence for (V eoorta tad that everything wou'd
be known wiieu the oases ofsfraud would-be brought
to light, which, though uoi very satisfactory, is
doubtless very true.
The Health Board Moving In the Matter?
A Tee* Cane In Conrt?The City Defends.
Many and loud have been the complaints of the
public against the nuisance allowed by the authori
ties of the city of planting fruit standB and other
petty trading stores on the sidewalks, originally tu
tended for the convenience of pedestrians; and the
Hskald has on several occasions given voice
to these complaints. The authorities have at last
been awakened, and as the city officials have so
far fhlled to do anything to relieve the pnbltc of this
nmssnee the Health Board are moving and have
brought a test case before the Sixth District Civil
Court. Tbe complaint is against one Richard Flynn
and explains Itself:?
The abort ntmad plaintiffs, tha Metropolitan Board of
Ha alt b, mats tbla complaint against tbe above named ile
faudant and stataTbat at a meeting of tbe Metropolian
lloard of Health of tbe Stata of New York, ereated by tbe act
of tba Legislators of tha Stata of Mew York, entitled "An
act to create a Metropolitan Banltary District and Hoard of
Health therein, for tba Preservation of Life and Health and
to Prevent tbe Spread of Disease," passed February 26, I WHS,
and tbe aets amending tbe same, held at their offioe In the city
of New Yorb, on tbe ffih day of October. 1868, tba said Hoard
took and Hied In Its records what the said Board regarded as
sufficient proof to authorize auob declaration, and
baring lahen and filed tba sama did then and
there make a declaration In writing tbat It
regarded tbe following premises, vis., the fralt stand'
situated on tbe southeast corner of Barclay and West streets,
New York, as dangerous to life and health, and thereupon en
tered tbe same on Its records as to a condition liable to lead
to results detrimental to tbe public, and as an obstruction to
the puollc street and sidewalk, and by an order In writing or
dered the same to be speedily removed to some proper place;
said stand being about nine feet els Inches long, about three
feet three inches wide and about els feet three inches high,
and standing class upon tbe edge of the sidewalk; and caused
the laid order before Its execution, and on the 9th day of Oo
tober, 1868, to be served, and the same was upon the said day
duly aerved upon tbe defendant, Vlynn; and that the said de
fendant was, at the time of eucb service, "as
the plaintiffs are Informed and bedeve, tbe owner
of tbe said premises, and appeared to said Board
most directly Interested In tha nsecutlon of the eaid order.
That neither the defendant nor any other party within three
days after auch service, or before lu execution was com
menced, applied to said Board or the President thereof to
beve said order or 1U execution stayed or modified, and that
eaid order was not oomplled with by the defendant or by any
person or In any manner within five days after sueh service,
or at any time, but that on the contrary aald defendant wil
fully neglected and omitted to comply with the same. Where
fore tbe plalntiffe allege that by reaaon of tbe premises and
of the provisions of chapters 74 and 686 of tbe laws of 1866
the defendant has become liable to pay to the plaintiffs and
an action has accrued to the plaintiff to demand from the de
fendant the (urn of g28d.
This complaint vu verified by tbe oatb of
Emmons Clark, tbe Secretary of tbe Board, on tbe
22d of October last; the summons issued on tbe 16th
of November, and copies of the complaint and sum
mons were served on tbe defendant on the leth of
November. When the case was called yesterday, to
the astonishment of all, Assistant District Attorney
Hutchings appeared for the defence and stated that
he Interfered for the defendant on behalf of the city,
whereupon the hearing of the cause was adjourned
by consent to the 11th of December. No formal
answer or demnrrer to the complaint was filed, but
It was understood that the defence would mainly
rest on two points:?First, that the Board of Health
have no authority In the matter and are not the pro
per parties plaintiff, bnt that their right to proceed
against the defendants rests, under the charter
or New York, exclusively in the city; and second,
that Flynn is shielded by a permit xrom the city,
protecting blm against interference. The practice
to grant snch permits will be rigidly insisted on aud
maintained as a legal right by the city. It is said to
be the intention of the Board of Health to contest
this practice as an unwarranted assumption and con
trary to the public interests. In these respects this
case of "the Metropolitan Board of Health versus
Richard Flynu'1 promises to test the power to in
vade the public nidewalks for private uses, whether
with or without a "permit."
Anoturr New Church.?The corner stone of the
Claason avenue Presbyterian church, of which Rev.
J. T. Duryea is pastor, will bo formally laid on
Tuesday next.
Dam ?ok by the Wind.?During the high wind
which prevailed on Thursday afternoon the frames
of five wooden honses in course of erection on Yates
avenue, between Myrtle and De Kalb avenues, wcro
blown .lown, causing a loss of aliout $2,&oo, and not
$12,000, as represented in several newspapers yes
Young Mkn's Christian association.?A South
Brooklyn branch of this -organization has just been
established, and new rooms have been occupied by
them at the corner of Conrt and Harrison streets.
Rev. 11. M. Btorns has been elected president, and
Rev. W. M. Pastelwalthe vice president of the or- I
Ratal Accident.?Coroner Flavin was snmmonrd
yesterday to hold an lnqnest upon the body of John
Brush, who fell from the front platform of au At
lantic avenue car, near Troy avenne, on Thursday
evening, tne wheels of the vehicle passing over bis
body, causing almost Instant death.
East New York?A movement Is on foot to annex
the town of New Lots to the ctty of Brooklyn, and a
meeting of the Kast New York Improvement Asso
ciation was held for that purpose on Wednesday
evening last. A petition to further the plan of an
nexation was unanimously signed, which will be
presented to the Legislature this winter.
City Grades.?Judge Gilbert, of the Supreme
Court, rendered a decision in relation to the grading
of Ralph avenne where that street crosses the line of
the Jamaica and Brooklyn Plank Road Company, In
which he decides that the plaintiff is not entitled to
compensation, and that the city has the right to es
tablish grades notwithstanding the antiquity or the
date or the institution corporated, the road company
in qne*ttou claiming to have been Incorporated bo
fore 1810.
A Nkw Police Precinct.?A new snb-preclnct
will be established in Kosciusko arenne, on the
boundaries of the Forty-sixth and Forty-ninth pre
cincts. in that section of the city known as Bowmn
vtlle, on the 2d of December next. The sub-dlstrlct
will t>e under the chargo of Captain Leich, of tho
Forty-ninth precinct, and will be patrolled by the
men uow doing duty In that precinct. The men will
be mounted and will patrol Last New York. Tele
graphic communication will thus be established be
tween the latter place and the Central offlre.
Railroad Accident.?Yesterday Afternoon s llo
bokeu horse car, while crossing the Morris and Essex
Railroad on the way to Jersey City, was strnck by s
locomotive and completely shattered. Fortunately
there were no passengers In the car at the time of
the occurrence.
Colon Hill.
Fatal Accident.?On Thanksgiving day a gentle
man nsmed Adolph Fritz, a merchant from New
York, weut to spend the dgy with a friend at Union
Hill, and while In the act of going down stairs,
about ten o'clock on Thursday night, fell and was
instantly killed. An inquest will be held this even
ing by Coroner W hite.
Jersey Ctty.
Tni A i derm anic Elections.?The elections for Al
dermen in the Fourth and Fifth wards yesterday re
suited in the retnrn of James T. naugh, democrat,
over Benjamin Russell, republican, for the Fourth
ward, by flfiy-two majority, and Jeremiah Sweeny,
democrat, In the Fifth ward, over O'llora, Tiiden
and Silver, by 198 majority. The democrats gain the
Fourth ward by this election.
Alleobd Attempt at Bukolary.?a man named
Henry O'Neill, a New Yorker, was found in the area
of the house 204 York street at half past two o'clock
yesterday morning by officer Singleton. He could
uut give a satisfactory account of himself, but an Ico
pick was found at the window and O'Neill was taken
to the police station and committed for trtaJ by the
Committal or an Alum En L'ocntrrfrit
rt snsr.?United Mates Commissioner John White
head yesterday committed for trial a man nsmed
Benjamin F. Roberson, who c'aims to he s farmer
from Mlddlevllle, ami who is charged with having
"pushed" a tweuty doliar and two ten dollar counter
feit uotes.
Lanus Fire? Estimated Lobs $nh,oo<V? A large
fire occurred hers yesterday, which was very de
?tractive in its results, involving a loss of at out
$110,000. Tho fire broke out at six A. M. In the car
penters'shop of the New Jersey central Railroad
The night watchman, John Fox, In attempting to
extinguish the dames was burned internally and la
not expected te recover. The buildings destroyed,
comprising the carpenters' and blacksmiths' shop:-,
were of brick and covered shout 200 by ioo feet,
Fart were two stories and part one story high, a
Isrue amount of machinery and One passenger car
were destroyed. The property wu not insmed,
Fntrrtainmsnt or Consul dudliy by trs Nkw
Jersey Bar.-on Wednesday evening Mr. Thomas
H. Dudley, United States Consul at Liverpool, now
on leave of absence, was entertained hy the mem
bers of tin New Jerse y bar at a dinner given at the
'Irenton House, in this city. Among those present
were benators Frellnghnyren a.ul Cattell, Attorney
i.enerai Robeson, Chancellor /sbrlekie. Mr. Joseph
I*. Bradley, of rewark (wu? presided), Messra H. N.
Conger, J. \?. Hi-udder, D. tt. tire gory, A. H. Woodniff
au I lienors! Hall. All fliese gentlemen made
speeches, I'hr affair wh.< a most tnjoynble one, not
ne to Mr. UuiHrv, but to every one present. The
re> Ipicut is a Je n yman nod was f?'i uieriy conn* ted
wiHi the b*r of .sew
Ola Views (' pon the Current PoHttrai
Qttt'tiiuu of the l>ay.
Uroton, Maiia., Nov. 27, ises.
Oeorge H. Boutwell, of this town, one of the repre
sentatives to Congress from a thrifty hat rural
section of the State, and for a considerable period
Governor of Massachusetts, has come to be regarded
in his own district, as well as elsewhere, us one o|
those who rank among the leaders of the radlcaf
party. He has always been a man of considerable
political Industry, aspiring to lead rather than being
content to follow. His career In the futile attempt
to Impeach and remove Andrew Johnson rendered
him, more than anything else, positively a ui&u of
national reputation, and now that he has been re
elected his course in the coming Cougrc.sa will be
sharply watched by both his supporters and oppo
nents. During the Congressional recess he has been
actively engaged in the pursuit of his profession as
attorney and counsellor-at-luw; but now that the
day of reassembling approaches he is beginning to
consider the means to be employed to carry out the
principles of the republican party as set^ forth la
their piatform adopted at the (Juie-ago Con ventlou.
In a brief conversation with oue of the Hsuald cor
respondents upon the more Important political Issues
of the day Mr. Boutwell remarked, concerning practi
cal reconstruction In the South, that he should advo
cate In Congress the exaction of more stringent con
ditions from the States of Mississippi, Virginia and
Texas before they could be admitted than had been
required from the other rebel states. He declared
that It would be one of the paramount
duties of Congress to provide more effec
tual security lor the loyal residents In the
Southern States, and wltu tue tlnee States
named he believed that Congress hud the requisite
authority and power to assume ail control, and en
act and enforce the necessary laws to protect the
property, rlghtB and lives of the o.luetu there. So
far as he was concerned he would be uutirlng In his
efforts In this direction. In reiaion to the all-ab
sorbing question or llnances Mr. Boutwell said that
he should, to far as lay in his power, favor the carry-'
lng out of the Chicago platform In an honest way.
and he hoped, and even confidently expected, that
Inside of twelve months the government would bo
able to begin the sale of new bonds at lour and a half
per cent Interest, and apply tiie proceeds towards
the redemption of the five-twenties. He believed, and
very wisely too, that specie pay menu could not bw
hastened by legislation, but rather by tao advancing
business prospetlty of the country aad the Increase
of its convertible wealth and property. Concerning
the matter of negro suffrage, or, perhaps, ho should*
have termed It "universal suffrage," now that ths
women are so clamorous for the ballot, he declared
unhesitatingly that Congress has the power to legis
late on the suffrage question, so far as it applies to
Presidential electors and Representatives to Con
gress, and if Its power was restricted to this the dif
ferent States would, of conrae, have to determine
for themselves who should and who should not vote
for other public odlcera. He would not say that Con
gress did not have the power to further legislate so
as to regulate entirely the voting in all the states In
dependent of any State legislation, but he was Arm
In the belief that It conld determine who should vote
for Presidential electors and the members oomposlng
Its own body.
Mr. Boutwell will leave for Washington during the
coming week.
Boston, Not. 27,1848.
Washington cannot properly enjoy the distinction
of being toe exclusive section of the country whers
there are ruuiors and speculations or the probable
composition or General Grant's Cabinet, and It
would not be singular or without precedent If thero
was quite as much, and possibly more, foundation
lu fact for some of the current predictions here*
abouts than there ts in the statements daily promul
gated by the Industrious newsmongers at the na
tional capital. The story that Henry Wilson, the
Massachusetts Senator, is to be tendered the War
portfolio ts unquestionably without foundation;
and even if he should be, I haw the
highest authority for saying that he would
not aAcpt. The senator's wish In this par
ticular is, without doubt, that Mr. Stanton
shall be again elevated to that position, and thers
are a few prominent Congressmen in the Bast, soma
who have recently been in consultation with the
President elect, who express their rull confidence In
his appointment to the management of the War
It u probable, however, that the other Senator
from Massachusetts, Charles Sumner, may be mad*
Secretary of State. There ts certainly no doubt but
be Is willing to be, and some 01 the arguments which
have been and wlil continue to be brought to bear
ou General Grant to make such a selection are the
facts that he la well versed In dlplomatlo matters,
and that his long experience as cnalrman of the
Committee on Foreign Gelations has given htm a
requisite fond of knowledge to discharge the pecu
liar duties of the office which few, If any, other men
possess. The name of J. Lothrop Motley, of Boston,
the eminent historian, has been mentioned in con
nection with this place; bat If the statements of par
ties who ought to know are to be relied upon the in
fluence of that gentleman will be exercised lu behalf
of the aspiring senator. Mr. Sumner, as Is well
known, has been remarkably silent during the cam -
paign Just closed, having made only two speeches,
one of which was In a Boston ward meeting and the
other at a ratification meeting in the neighboring
city of Cambridge. At the latter placo he distin
guished himself somewhat bv bis remarkable advtv
oacy of a return to specie pavments on the 4th of
July, a measure which, it Is hardly necessary to add,
has bcou regarded as simply ridiculous by many men
who have made the subject of finance more a study
thaa Mr. Sumner ever has. Possibly the Senator
will not further advocate a theory which mer
with such a prompt and general dlsappro
val all over the country, and It ts
likewise probable that he will not In any way
commit himself on any of the current political ques
tions of the day until after the matter of his probabls
Cubinet desire Is definitely sett ed. Ho left for
Washington this week, and by the time this Is pub
lished will undoubtedly have talked the subject over
with General Grant.
It has been surmised that If the wishes of the Vies
President elect are gratified in the making up of the
Cabinet that the Postmaster Generalship will be ten
dered to Samuel Bowles, of Sprtngfieid, editor of
one of the most able and Influential radical Journals
in the Bast. There are none of the qualities neces
sary to discharge the duties of the office which Mr.
Howies does not possess, and tuusmuch as he ts not
and never has been a hanger-on for pnbliooffirw
there are few reptiiillcsns In the country who would
not rqjoice to see ins talent and moJesty rewarded
Unit*d States District Atpornet's Omcm.1
New York, Nov. as, |8t)a. j
To Tna Editor op toi Herald:?
I handed to your law reporter a card to he pub
lished this morning. He requested to take It or f
would have sent it to yon, In the same manner I did
to all the other papers. It was not published in your
Issue this morning. Will you oblige me by publish
ing it to-morrow morning f
A Card.
Nsw York, Nov. 25,18S8.
V>av* no disposition to try In the newspapers the
case of the United stares vs. William Pullerton at
ale., now under Indictment for conspiracy to reoclva
brines to obstruct Justice and for other oneness, 'lbs
case will bs called before Judge Nelson on the 8d of
December next. I wish simply to call attention to
one statement, made in the card of the principal re
spundent, which appears In your iseue of this daw
I am accused of instituting tbu proceeding against
him In self-defence. He would have the public
believe that I am attempting to cruan him, because
I am myself in danger from hla attacks. He tnus
very cunningly Inverts the relations wliloh ws sus
tain to each other. The fact la, that before Mr. Pub
lerton took any steps against me ho had aMCcrtalocd
tuat expo, uro of ills conduct In the Knuth mauet
wss Inevitable. He hoped by making vigorous
efforts to secure mv removal, and thus warn off the
Indictment which was threatening. Falling In that
be trusted that he might delude the pubLc luto the
bei of that the prosecution against hnn, which was ?
suroto follow, was a desperate rosoit to which lie
had dtlren me, and It la for this latter purpose that
hspuhllshes his card of to-day.
The public will remember how earnestly ami how
bitterly, wlta the aid and encouragement of person*
who were under Indictment In this district, Mr. Pul
lerton lately attacked rns before the President, anC
haw loudly he clamored for uiy suspension from
office. Tbey win also remember how ignommtously
that attack failed. If they wondered what could
have been the motive" which actual id so crafty and
learned a lawyer in innlIgaGog so impotent an at
ta< k their wonderment must cease in view of the
disclosures wtnOh are now innde to them.
The fact* which have already been made public,
and which will more fully appear at the trial, will
show which of us hs* acted In ? T-defciice. end tc ?
which of u* may properly bs adcubed "the leader
ship of the whisccy ring/'
United fits', i Attorney.
The following Is the official staiemstrt or marine
ttausfers at this port from the 23d to the 27th inst.,
inclusive: ?
(Iw -Weew.
formr;*- |.1*wv?.
Nov. 12
Nov. 14
Nov M
Nov. jr,
No.. ?v
Hot. i;
48 >3 Wl>
48. Wi Whoif
4M1 UJ
IM.V'i |-?
IU.4 | 12
Sloop John j. Wllstv
Steamboat (ifn, W. Keott..
Propvller AMne ??**'
-choonor Virginia Price....
Uitti hoot Mo nan*
ipsnlsh authorities recently seized four Jnrg8
Mtdrsseed to fioeur I'atroclmo, which, on
ipeutd, were found to be ps< kc.1 w ih gold,
m l precious *tone?. This hardly agree* with
v of poverty previously uiade uy tuv ventns*

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