The New York herald. [volume], November 29, 1868, Page 4, Image 4

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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NEW YORK CITY.
1HE COtBTS.
UNITED STATES CffiCUIT C0U.1T.
fti Brie War?Motion to DImoIto the Order
Appointing Jaj (?onld Receiver?Reenlt ot
"Talking Against Time" for n Mpcciflc Par.
poee?Order to Mow Cuute (?ranted.
Before Jultre Nelson.
Henry B. Whelpley tw. The Erie Railway Com
pany.?The I'm ted States Circuit Court wu sud
denly invaded itsterdsy morning by an irruption of
Erie Itaiiway contestants. The operations of the
day were, however, conQned to one body, no oppo
nents appearing, and the proceedings were of an
unusually pacific character for Erie men.
Mr. Pierrepont opened the proceedings by rising
and stating to the Court that he appeared to make a
motion which would have been properly made at
Chambers, but he deemed It desirable, notwithstand
ing, to make It in open oonrt. The case he would
sutimlt to his Honor was an extraordinary one. Mr.
Pierrepont then recited the orders granted in the
various suits by Judges Sutherland and Barnard,
aud then dwelt on the fact that on Monday night
last, when the other side was resisting a motion
liefore Judge butherlaud, talking against time,
and while one of the counsel. Mr. Kuilerton,
was present, ostensibly taking part in the proceed
ings, he quietly started to the united States Court
tn re and obiaiued an order from Judge B atchiord
by waiving service of notice aud making the follow
ing stipulation:?
I hereby admit sendee of copy of the bl.l herein named, and
of k in,tin- ui motion, and waive further notice for the in
jusctloti herein and lor a receiver, aa prayed for in lbs fourth
moj tUth prayers ot itoi 1 bill, and 1 iiereuy enter an appear
auc. for the said defendants. WILLIAM IXXLEKluN.
This bill (Mr. I'ierrepont proceeded to say) was
pn. scuted to J udge liiatchlord und no copy served
nud no notice given to the parties, the whole being
concocted and done to deceive Judge Blatcbford,
who would not li.ive granted the order had he known
tne facts ol tne case, it was a pity that a thing
started in the dark was not kept in t.ie dark, but it
w as wrong to deceive a court of the l ulled States.
Judge Nelson?Not a court of the i'nlitd Slates,
bin a Judge of the court. The motion was not
granted by the Court, but by 11 Judge ol the court.
Mr. flerpout?Well, your Honor, a Juuge of the
< oin;.
Ju ge Nelson?That will do.
Judge Pierrcpo.it, concluding, said that the motion
n ? i made r ub for an order irom Juu^e Nelson to
mi '? eau-?, tfturnable on a day to be u.uued by the
court, why toe ruer made on Mo.t ntv night by
. u l?c biat' i old (which lie said was made alter
v .u! o'ciocki siiouid not be sol a-tdo or oiiierwi-e
i icHded as inignt appear just aud proper to the
> on; t ,u 11: premise*.
i.. E. Cava . appeared as the receiver appointed
by the order oi judge Sutherland and read a petl
uon settiu? forth the fact of ins appointment aud
tuat tne or,.cr iti opposition, granted by Judge
B aich ord . . . ? a t.-.^uod tha same uig it. Couu
s i pi: u i nl t.as court would mt r;'i,e and say
tuat it (i ? i? .- is :h duly aud property appointed
receiver u:.d not i.ouid.
m- . i: n i in v auocsi brlvont,
upon wine',, ih tuuuou was founded, U as fo!-.
U.N.ikii h. vies Cibcctt Court?Henry B. Wh-lp
I 'yv.-.Tin J. i> R.iiiwiiti C 'tnpaity (in i. mi;yj:?iu
e i :h . . .c .ue t ir.u t Court oi me I niiod States
America i r tut* second Circuit aud s?o i hern His
oi Nt .v v rk ?,ue pet.iiou oi August i elmont
-n i Brae lh l.ucke, citizens 01 the State of New
in k. res,.?v.,uiiy repie*eu:s?
That jo .. pi a.loners are stockholders of the Erie
Pai v. a,, deic luuinis herein: iliui -.oiue of the shares
0, stock so held by your petitioners, out how many
? ?! them your p luionani are unao e to stale, are ol
1. c same ii scri. Uon us t 10-e which are 1.1 me b.ll
oi compiamt in mis suit af.eged to l>e held
by the coin) lutnant herein; but :nut all oi said stock
c a? imrchat- i by your petitioners in good laiili ior
it* full umrke v: tie, a-l in lite ordaiary course of
l' tsiuess und without, notice or kuuvvn iln ou ilia
pan of jour peuuouersof uiy illegality in the issue
thereof; th.i tu the prayer of the mid bill of com
plaint Ute complainant i-tatcs thai this action is
brought on behalf of himself aud all other stock
holdera oi said com pan v similarly situated, aud your
petitioners c nun the beueit of this suit, and inasmuch
as they cannot i>e math- ooutplaiuunts nerem with
out ousting whs hoaoranie cuun oi jurisdiction they
pay that in y in ay be a iuiiUc 1 and be heard nere.n
n- ueleudunir. ,.u<i have tue same rights as it tliey
were compia-nams. And your petitioners further
aiiege thai by uu order made be rein ou the 'Aid
oay uf November, iMis, Jay Uouiil was appointed
ret: v r of t iihc eut cash, money and securities, to
beheld by iilni' subject to the fuitii r order of t.'iis
court, to piact in his hands ?sOu,CiO, to pr->
tect the riguts o. the pla iutuT aud the other holders
oi stock name I in said nil], and to abide ths eveut
ol ih s suit; an i your petitioners further snow, on
information aao bciief, that me said a. point utc'.it of
lhe : uio Jay .ou. i as sueu receiver w as obtained by
procurement of himself and others acting in concert
with nun for Ir tu lulont and uuprop ;r purposes and
by collusion ami under the ciroumstances uerelault* r
id lortu, u id iu..t the said Jay elould is not
a proper or sale custodian of Hie property in and by
said order CO.oiu.tied lo ins < barge. And your peti
tioners lur.uer snow tliat on the nith oi Noveiuoer,
IsjS. they commenced uu action in tlie Supreme
JV iprjpf the Mateol New Vork, 011 liehalf <1 tiieui
t ciVCs aud a i oilier stockholders of the Erie Railway
Company, against said company anu the said Jay
OMM, ttt tMMtMIM twillurcr aud a director
thereof, Hful agn net the other directors of said com
pnuy, forth? purpose, among otuer things, of ob
taining the appointment of a receiver of the property
ol said company lor the protection of the s ock
liolders and creditors thereof again-,, the iraudsand
m sconduc: 01 su.d Jay Gould and other directors of
said company w 11 had coiuuined with huu aud ob
tatned ubsotute control of the property aud atiiurs of
sail company, and were using the same 111
their private speculations; lb.it the complaint in
jour pelt.loners suld action alleges, among oilier
tilings, that sanl Jay Uou.d is a stock broker, ami
that he, together vviih two of the other directors
0 said company, had. for the purpose of aidiug
their own privati- speculations, issued and sold large
amounts of capital stock of said company iu excess
01 the amoun. 1 which said com; auy was l>y law
authorized to is-mc; that tuev iiad, by means or sales
of saul frandult p issues of stock uml of tue receipt
by them of tue eanuugs of said railroad, accumu
lated upwards of gl?,bOi,ojO of tiie lunds
of the sad company, which vu-t sum they
used for the purpose of promotng their private
ene eolations, urst, by withdrawing the same
from circulation, and makiug money leia
I'orarily scarce and thu-i rcduji i^ the
price of stocks, a id then investing said
mouev in specula,uu In stocks. ln#luulng ttto r.tocn.
of said company defendant; tuat sai i complaint a so
charges other gro ?< frauds ninl uiiscomlm t on the
part of said Jay bould and his confederates In the
management of the fttaus and affalisof said coni
pativ and ts supported by atlidavi.s, and that a copy
of Haul complaint and affidavits Is hereto annexed
Mild marked "dchodule A:" that upon said com
plaint and aibdavits an order Qf injuuctloii was on
tne ICtb of November, 1WW, made by his Honor, Jo
siah Sutherland, restraining said company aud its
o.lloors uml directors, atnong oilier tilings, iroin
suffering the funds or the company to remain in the
posHeaeion or under the control of any of Its direc
tors except thv treasurer, ami from pennittiug said
"" roof,
rreasuier to make uny dlspositiou there
rept to npfily so much as might tie 'necca
iary to t. 0 legitimate debts and expenses of
tho company, and to deposit the residue iu hank
10 the credit of the company, or to make
? :rh oth-r a -imsttlon thereof as the Hupreuie
1 urt niignl direct; <a copy of said order of In
VincUon h nnm-xed to said schedule "A''); that an
? nierwasth r -u|iun ma<ie by said Justice re<iuiriug
the dcicud'in u -ud action to show cause before
J he buureme i.'ourt at special term, ou the 2ad of
?November, 1 . et twelve o'clock noon, why a Te
1 uvcr should not be appointed >i the property of
Mod coiuimny. ami said ord r to show cause,
14'golhcr with said couijiiauitami ? ?ilcroi injunction,
vore serve 1 o 1 aald company and two of its direc
tors on Uu fth of November^ l lis. for tne pur
pose, a* your petitioners are informed and believe,
?ii frns.ratiiig inc< noits oi the pminiin.. to obtam
t He app ',:iiuierii of u proper p? r un 11 n 1 hvcrof the
f inds of ehid company aud i*? secure to said Jay
i.ouid the undue control thereof, an nt in:r:? appli
cation wa- made to one of the Justices of the ."in
p; elite ( ourt in the natne of Charles Mclnto.sti.Hn
' iiijieive of su <1 company, for the appointtnent of a
?1 ceivt-r and for an injunction resiiaimiig all other
I o ?MMBBafortbeappotaUMMorareeetmol tne
propel ty of su.u 1 >mi< my; thai Iu sail proeei dutg.i
any uouUI was .'['. "laied by an ?r imrli order to
1 .ice clmrgi; and ? 1 'tody of t tie moneys of the com
t auy, and on'te petition ot said Jay could a like ?.?
1 .ru order was ? > aloud empowering lilut to apply
said moneys 10 the purchase ol j jo.inhi.wm m Hi ?
- <>ck ol said company at prloes not i.l>ove par. ali of
watch orders were, e< your petitioner* believe, ob
'a nod fraudiiLgiiiy uu* by ooilusmn aud with intent
to shelter a.iiff Jsy Could in the use oi flic moneys
01 said coiupuri.v 111 the privun- alternations of turn
?' I and tils eoiiiederatai; that on the uppiu-a'l m of
y.ur p<niloner, August Hoiniont, Hi" supreme Court,
cial Term, Hp UM Jt'd duy of November, !*? -.
1 ? dc an order vwrating and setting uaide said pr< ?
m dings in Hie ease ol Mcintosh, and a copy of said
I- > -eiiina- 10 and iucludlug the order setting aside
t > 'Oiiue is hereto annexed and marked *'B;" '.hat on
' 1 aid day of November, lsss, liumedialeiy afipr the
? . >d Httprt-iiie Court had set aside said proceeding*
I 1 Hie Mo'nto-.ii case, tue argaiuent of the motiou of
? petitioners for the appointment of a re
?'ever m th"ir h91 ion was cotmmtired; Hint the
iicfemlaiii- up|i*-ared on bald motion by
a. J. Vandcrpoel, John E. Hurrlll, WilMani
yullerton und John K. Porter, and strenuous.y
urged nn Hdjuurntm-nt of the nearlng of said mo
tion; that the uourt denied their sjipiicatlon for
po-ipsm-n.eni, and uotwitUstanditig such denial said
Mppiicaiion* tn |Mist|Hine were repeated and renewed
1-vern' liine-L and several hours were eoiisuiiied In
discussing tne same: mat finally the argument of
-jidinoi'u wat coiicinded at about nine o'clock P.
M. of the J.J1 of November, lies, and thereupon th>
said Com t made an oMer appointing Henry rj.
Havlcs. receiver of said co'uipauy, a copy o,
which order is hereto annexnd, tuaiked fhnt
^..,,1 receiver lis* duly qualified aud given a bond, a*
Jeuuired by auM order, which bond has been duly
oiitiroved ami filed and a iurtber or-ler has been
Jurade defining Ids duties as such receiver, a copy
wivemd is ht reto annexed, marked "K.
And your petitioners further show tuat. pending
.f a ?... ^ u
aforesaid pioccuding* and on the said lA ot No
?ember, inns, rbls action was Instituted in this oourt;
mat, aa your petitioners art* luionued and believe,
while the argument of said inoti>n for a receiver
ship in toe Supreme Court was being concluded an I
at Is'tween eight and nine o'clock in the evening of
said asi of November, 186*. the order in tins action,
appointing said Jay Could reoeiver herein. was
made; thai, as /our petitioners are mfonu -d and be
lieve, the stud Jay Uouid and his confederates pro
cured the said Jay Gould to bo so appointed
receiver herein, in fraud of the said order
of Injunction of the Supreme Court and
In fraud of your petitioners' said action
and motion for a receivership in the Suprt mo Court,
and by practising deception upon this court, or one
of the Judges thereof, ss to the true motives and pur
poses for which said Could was sought to bo ap
pointed such receiver; and your petitioners charge
that the said proceedings In this cause were collu
sive and intended to deprive your petitioners and
other stockholders of said company of their reme
dies against said Jay Could and his confederates and
to dereat the eifect of such motion in the Snpreme
Court, and were a continuation ot the fraudulent
scheme of said Jay Could and his confederates
(charged in the complaint in your petitlonera' said
act on) to retain the control of the funds and pro
perty of said company for their own unlawful pur
poses.
And your petitioners further say that, as they are
Intormcd and believe, the said order In this actiou
appointing Jay Could receiver was obtained, as your
petlt.mers are Informed and believed, at about the
close ol the hearing of the argument in the Supreme
court, ami after the Judge hearing said argument
had intimated to the defendauta' counsel that Bald
motion should be granted; that one of tho counsel
who had appeared In said argument in behalf of ttie
defendants, aud urged a delay thereof, appeared
fur the Erie Railway Company on the application in
tills cause and signed a written waiver of notice of
motion for an injunction and receiver: and your pe
titioners pray leave to reler to the bill of complaint,
stipulation and proceedings and papers on lile in
this cause in support of their allegations tn this be
half.
And yonr petitioners further siiow that since the
appointment of said Henry K. Davles as receiver,
the defendant. Jay Gould and his confederates have
by various contrivance* and devices sought to pre
vent bis obtaining possession of the property of
which he has been appointed receiver, and to retain
said Jay Could in possession thereof; that they have
obtained ex part# orders staying proceedings, souie of
which have been set aside on a hearing, and the
others, of which the phtlntlfSi intend to move to
have set aside as soon as practicable, and among
01 her devices, us your petitioners are informed and
believe, the said Jay uould has caused
an action to be commenced In the name
or the Krie Railway Company against himself
and llenry E. Davles, setting forth the appointment
ol said Jay Could in this court, and an cx parte.in
junction order lias been procured in said action by
said Jay Could from oue of 'lie justices of the Su
preme Court of the State of New York, restraining
both oi said receivers from acting until their con
flicting claims to the receivership can WP adjudged;
but the said Jay Gould being already and having
been In control and possession of the funds in de
pute, the Oe.-lgu and etiect or suid injunction is to
ret; in control or such fund for the fraudulent pur
poses bercmbclore alleged.
Aud your petitioners respectfully submit to this
honorable court that the said Jay could is sot a
proper; arty to tie appointed receiver of said money;
I hat he is a stock broker, a member oi llie lirm of
smith, Could, Martin A Co., stock brokers, who are
engaged lu very extensive sioek speculations, of
wmch Hr.il llenry N. Smith, named iu the bill of
complaint in this cause, is also a member; that the
security the said jay cou.d has given as receiver is
Inadequate, he not being directed by the order to
keep tii>' tuud ou depodt in uuy trust company sub
ject to the order ol this court, and iliut his appoint
ment as such receiver, pending tin* trial of the
charges oi misconduct made dgiuu.it him and
after lis attempt 10 misapply the moneys ol
tani company to ihe purpose ol buying slock under
c.i.or of the "order made in the Mcintosh suit, as
hereinbefore set forth is especially improper, and
none ol said matters appear ou tho papers present d
to tue Judge vriio made such appointment. And
your petitioners have reason to fear, and do fear,
thai it -aul order appointing Uini receiver is alio wed
to stand lie will use said order ul tills Court to pro
tect and sluKer hiui in llie commission mid con
tinuance of the very frauds with which he and his
Confederates are charged. Aud your petitioners lur
thersliow that (hoy have just been uiiormed uud be
lieve tnat llenry M. vviu.lp.ey, t.ie coiiiplama.itIn tliu
action, was re.eutly a tuerk or bookkeeper iu the
? mplov of i isk, iiiefdcu Ac Co., a briu of stock
brokers of which James Fish, Jr., (one of
the directors of 6aid company, who is In
your petitioners' said complaint charged to be act
ing iu combination v. ith said Ja.v Could) was a mem
ber, and your petitioners believe that if said vviielp
lev hu'ds any -lock of the line Railway company it
lias be "ii caused :o be put tu his name bv said Disk
and Gould, or one ol tnem, tor the purpos. of lias
action and lo aid iliem in their frauds.
"lour petitioners, therefore, pray that this court
may make such order lu the premises us shall be
proper for the protection of the said lun I, aud lor
o.ai of said Jay Gould as reoeiver, as ofore
caid. uud lor lite s c..ring of said moneys and that
your petitioners may be allowed to intervene iu this
action aud may have such lurlher or other relief as
this hounrab e court may deem equitable.
And your petitioners,"as iu duly hound, will ever
prav. A.e. AUGUST I'.i.hMoN 1.
bated nkw Yokk. November 27, lsss.
Subscribed and sworn lo before me this 2"tli dev
I of November, 1 -6*?Ja.uk- l.Efrs Mf. re ai.i , t tn.ed
I states Commissioner, Southern District New
Ciiaki.es A. I'.ai ai.LO, i Solicitors aud t.omisel
| SAit. iiLL, M. Baklow. J for petitioners.
WHO IS WliKLt'LKY r
Th" affidavit of Uoorge W. Murk was also subnilt
tcd on tills motion, setting lorih thai deponent is u
clerk in Hie employ of Messrs. Kapallo A Spencer;
mat said firm were counsel iu the Erie litigauon of
last spring, and that jay Could, James Disk.
Jr., and otuers were defendauta In laid proceedings;
that an injunction issued lu said proceedings
was violated, aud that proceedings were hud against
Ceriuin parties tor contempt m said violation,
and that u.uoiig the parties so proceeded against
were James Risk, Jr., an I .lay Could; that in ti.e
prosecution of said proceed,ugs wilmsscs were ex
amined and books produced upon such exam
inations; that this deponent knows the planum
\v beipley, aud that said W he ploy was at thai time a
clerk iu the employ of the llriu of Disk, licldeu Ac
Co., and that deponent served tipon said Whclpley a
Mibpci na ducesieeum, issued lu said proceedings,
r- qulring hun to produce the l>o >ks ol said linn of
1 isk. Be .den \ Co. The proceeeiugs cioncd by the
granting of the foiiowiug
OKDEK liY Jl'DUK NEI.S0N.
I At a stated term of tho Circuit < ourt of the United
| Rate* for the Southern district of New York, second
Circuit, heal a: the ciiy of New York on the tilth day
| oi November, l-sd-i, present samuel Ne.sou, Ju<ige?
//?-oi*(/ H. Whelplr\) re. The Erie Enthrall e'u/ii
1 ftfiui/.?on the petlilou of August ifelmont and l.r
i nest B. I.ucke, dated November 21. l?6s, and the papers
i thereto attached aud therein referred to, and on i lie
1 petition of 11 nry E. Davles, receiver, dated Novem
ber II", 1K6?, and tue papers therein referred to, and
ou lac bill of complaint, stipulation and other papers
i aud proceedings in this came, and on mot'on of O.
A. Kapallo and Samuel I,. M. Barlow, solicitors for
I August Belmont and Ernest B. l.ueke. aud NoaU
Davis, solicitor for Henry E. Davie*, receiver.
J ait lite plaintiff and defendants lu this union and
Jay Could, the receiver appointed herein, show
cause beiore a Circuit Court of the I nltcd btates for
the becond Circuit and Southern district of New
York, to be held at the city of New York on tho with
day of November next, at eleven o'clock A. M? why
the said several petitions should uot tie granted aud
why surh order should not be made tn the premises
as shad ls> Just ami proper. And It is further or
dered that a copy of this order be served on the at
torneys for ihe plaintiff and lor the Erie Railway
Company In this suit uud upon (lie said Jay Gould,
ami that the service on the latter be made either
pe Sonally or by leaving the same at his place oI
residence with some person of suitable ageontne
preuii-e*. Aud the parties in this suit and their re
spective attorney* aud counsel and ihe clerk of till*
court are hereby forbidden from dlsconi Inuing or
consenting lo (lie discontinuance of tin* anion until
alter the tearing iinoti said petition .mil wm order of
tlM Court thereupon. iv NELMOS.
Ihe par tit then left the court.
UNITED STATES DISTRICT CWAT-UI IAUXRUPTCY.
.(llrted Improper Conct-altnent ol I'roperlj
l#> 14 Bankrupt.
l!i fori Judge Blalcllford.
In re of John IK. Bunci a^JJanhrnpi.- Hone
st ol, on hi" examination before the Reflater, refused
to answer qucstlou-i touching an alleged conveyance
b? other puriles to 111* wife of u large Interest In the
?'Nlcotson l*ntement Company of Brooklyn;''ho as
suming mat ho litnl no IuutchI tn ilic stock of said
i company. ami that the conveyance wus in the nature
i of :i gift to lila wile, for lur cxciualve lienefit,
! ' o iniicl for one of Ronesieet'a creditor* claimed
f: , ight to examine Uoiiesteel on tins point, on the
pound ttuit the said interest In the stuck of tin
company flowed, in whole or In part, to Uom-steel,
ami o .gir. therefore, to come Into the hands of the
' assignee in bankruptcy for the benefit of Bonesteel'e
1 cri dtiora. ?
, Judge Hlatchford ha? decided that the views of
' the creditor mo correct as to hi* power to examine,
n tn I thai i he bankrupt muat submit to such examl
I IllltlOII.
SURROGATE'S COURT.
I!' fi.re fJIdeon J. Tucker, Harrogate.
Writs admitted during the week:?William J. Roes,
Timothy DulHvan. Hannah Hurrowce. Richard Car
man, Jaarr Irav, Martha Mulligan. Alvlu llarnian.
Mar. I;. Ilatleh Eliza K. Uodge, John .Nevin, Win. J.
Black Edward II. White, Joseph Mulligau, Charles
J. Mn-mii, .tarnea Porter,
i tan. ?? i.f Hde.imstratlon on guardians, Ac., of
i .laiu' * I town. Joseph Olmsted, lrauiel huiith, \I*X
aicu't t'oRt'iidai, Musan llarkitu, Eliza II. Iloury
eh.
COURT OF SPECIAL SESSIONS.
*>arrllrar?Vfalirloa* Mischief?-Hard Cw?e??
Hlrptomniila?Arnaults In Cara-*l,l?iior nod
Howdy ism, UmktAam and Thieving?At
tempt at Bribing Judge Bowline. '
Before Judges Howling and Mrlly.
Te*terda| morning the calendar of ?jausra set down
for trial at the Court of Special Sessions was very
numerous, and their character ei trembly varied.
The victims of offended justice ranged from the ro
, spec able down to the ivwtsfc masses of soviet/,
represented both wxra and all ages and Included
almost over/ degree ol pelty oriuie oogulzable in
tiiu oouru
HAOK! I.KUK.
The drat case called was against a young lad
named Joseph Hsky, charged with stealing three
candelabra, tivo wrjuoaes and one machinist's
hammer, all of the value of $40 and the property of
tho Koman Catholic church of St. Stephens, on
Twenty-nluth street. The charge was well sustained
by Patrick McTeague, tho sexton, aud the boy sent
to the House of llefuge; for which he may be thank
ful, tor It is not so very long ago that stealing the
oonsecrated properly of a church was deemed
sucrilege akin almost to a "sin against the Holy
tlhoat''
MATRIMONIAL SQUACBLK8.
Several complaints for assault aud battery were
made by unfortunate wives against tbeir perhaps
more unfortunate husbauds; but the iiyuiics not
being of an aggravated character and the cause of
the "battery" was apparent on the part.o < to have
unreasonable degree of loudness of too much or the
"crathur," the Court told the women, "Take your
men home and be oif."
LOVK ILL RRQrrriO.
Cbarles Renfliard, a Teuton, ol rather less weight
than a tenth of a ton, made love to Jenny Adams aud
was robbed ol fourteen dollars by the uufeellng dam
sel. As the Court let her go free only live weeks ago,
when charged with stealing u coat, sne was convince J
this time ol the "unerring rigor of justice" aud will
i indicate for two mouths on the Island.
IJNOKIt WHICH EINU, BKZONIANf
Moses Laudsbeig, who does business on the corner
of Cortiandt and Washington streets, charged Hern
hard Keutur with embezzlement. Proui the state
ment of the complainant It appeared that huuter
was employed to sell goods on commission and re
ceived no salary, whereupon the Court stopped all
further examination, as the charge of embezzlement
can be preferred only against a "servant"
employed on a salary, and not against an
"agent'' receiving only a commission only on his
sales. This distinction between the nature of the
two employments resulted In the discharge ot Air.
Router, who appeared to be a respectable German,
with no signs of criminal ailiuities in his counte
nance. Judge Cowling remarked that ir the com
plainant had not concealed this at the preliminary
exauiiuatlou in the Police Corn t before him the de
fendant would havo beeu set at liberty at once.
Another case of like character was up for trial later
in the day, aud It was similarly disposed or.
TUIVT A Nil AT TEll IT AT KXriHUTO.N.
Mary W arren, of 187 Greene street, charged Frede
rick Liuvoe with stealing from lier room sleeve
buttons and a brcastpiu under the following
circumstancesFred came to her room on
Sunday alicruoon, between three and four o'clock,
and warned thirty dollars to get Edward Williams,
"Jenny Slocuin's man," out of prison, wnlther he
had been sent last week. She refused, and leaving
the room for a while she found Fred gone ou return
ing. aud the articles named also. At h!x o'clock
Fred's woman came and reuewed the request and
to get her away- Mary said "Yes," ami had Fred
at rested for the theft next day. bhe said that Fred
was angry with her because site would testily falsely
for Williams. Au attempt was made to prove an
alibi, but no wiluesses were fortUcoiniug, aud Fred
got a mouth's free bourd at the Penitentiary,
pin suk ou uiu sun Nor/
Margaret Cuddy, who keeps a fruit stand on the
corner of Barclay and Hudson streets, employed
cathuriue Councrs, a very old aud poor Irish woman,
aiMjut live we ks ago. to cany a luskct witli apples
and uuts from her residence on West Broadway to
tne stand, and, walking before her, misled her aud
nev r saw tier again until sue was arrested.
"Bless ver hear., an' sow I, me dear Judge Dowltng,
I walked be her side and she just walked away from
? How do you know me so well ?" asked the Judge.
"Oh. bless ye. people talk so kiud on ye."
"Well, we cau'tdo anything with you, so kind an
old lady," suid the Judge for tne court; "go home
ami dou t carry any more baskets."
OKI KLTY TO ANIMALS.
Patrick Ward was charged bv detecttve John W.
Iliiusou wuu driving u hoise having two large run
ning sores under the sad.i!e. Ills defence was that
the "norsc doctor" had said thai the horse to bo
used ".Never mind," said Judge Howling, "tins
horse doctor wouldn't carry a saddle on his buck
with soies under it. l ine, ten dollars." "The same
complainant appeared against Patrick Davin, who
w.ts also lined tea dollars; and so John Scott, uii the
evidence, ol the same complainant. William Han
son, colored, was arraigned under a similar charge,
preferred by oitlcer G.W. Prindie, ol tne Seventh
precinct. The owner of the. horse stated that ho was
ur.ven under the advice ot a veterinary surgeon; but
a Hue ol ten dollars w its imposed, Hie Court remark
ing i..at li the adviser was In court lie w ould be tiucd
a ibo.
Kl.l/.TOMANIA?ATTTMIT AT Bit I JHNfl JCDGK DOW IING.
Mary t. Bogcr, employed us "store walker" ut
Macy'a fuuay goods store, -ul bixtU avenue, tesil'led
taut alio jaw Anuie Powers la tt:c .More lookiug at
Biivcrpiai.il rin*s anil observed tier throw her
shawl over one, mid concealIng it walk iww to
the front part of the store, where, leantnit against
the case a.ul It -lug observed, she placed It back on
the case. ilir evidence was straighilorward, anil a
rigid cross examination by counsel could not shake
It. For the defence It was shown that Miss or Mrs.
l owers, it did not appear which, kept a large milli
nery establishment lit the bowery, wuli a good htisl
iies-, and was considered by wholesale dealers in
urticlcs used in her trade, of whom she
purchased for years, honest aud prompt
in patrrng all her engagements, enjoying
a good business credit, ttemarkable enough
as tins cawe appeared ou me testimony. It assumed a
t-illl more reinarsable phase from tne statements
made by Judge Uouiing before passing sentence,
lie said:?-'Kvidcnce ot good character is alwavs
udiiiis-lblc and taken into consideration where the
proof leaves the fact of the crime doubtful. This !?
not the case <n tins ins ante. The proof Is clear,
and you yourself (addressing the prisoner) or your
fricuds must be convinced of this; for on w s erday,
on the sidewalk here, a ludy friend of rours handed
me u sealed letter which, ou opeumg, l toun 1 to
contain money In your behnli. V. niio it counting it
1 returned it, as you may be In more need oi n than
I uui. Hiopltfilug by r si ectub'.c looking ladies, In
spiring conUdenco by the.r appearance where they
go, hus grown to be a great ev il in this city, unit when
detected and proven, whether In high or low lite,
must lie punished." Tne seuteucc was one mouth
In the l'eci'eiiiiarv and a tine of tlfty dollars.
ALLEGED MAMCIOCS MISCHIEF.
Peter Haymund, a well-to-do German shormttfcor
on Broadway, opposite the Metropolitan ilotei. was
charged by Josephine bussed with throwing vitriol
on two of in r diCs-es. Peter had rented apartments
up stairs to Josephine and tlmbng her n trouble
some tenant hud her dispossessed on the 3d of Octo
ber last. Hie stales that she slept with a friend, a
Mrs. Dunn, during the night, and on returning to the
house sue met Kuyiuuml coining dov- n stairs and
Ion ml her clothes on the floor and two dresses par
tially burned by vitriol. There wa< so ? e misunder
standing between the Court (Judge Kelu aloue iu the
bench) and defendant's counsel as to the lufer's in
troducing evidence when the Court found the de
fendant guilty, but remanded him to prison
till Thursday, as ? appears that tho case
was before the Grand Jury also. Two civil actions
had commenced against baymun I by Josephine for
the sainc alleged ini-clnef. The attorney tried hard
to put in bail for Ins client or to have him lined at
once, hut Judge Kelly remained inexorable.
CITY KAUKOAP CAH LIKE.
.Tnmes McCoriulck, a despera;e looking lad, got
two months for beating du Ktahth uvcniic car c. m
due lor with a paviag stone as he demanded his fare.
MINOR CASKS,
A large number of petty case* was disposed of in
various ways, most of (hem with from teu days to
Be\ oral uiuiit lis of Imprisonment.
CITY IWEI.LIGE1CE.
The Weather TESTKRnAT.?Tho following record
will show itie changes in the temperature fur tlie
past twenty-lour houra, an indicated by (he ther
mometer at lludnut'a pharmacy, 21s Broadway,
Iir.UAi.D Building:?
a A. W 38 8 P. M 60
6 A. M .". 87 ? P. M 60
f9 A. II <0 0 P. M 4H
12 M 40 12 P. M 40
Average temperature 4.1 H
Average temperature Friday 43?^
Avcragu temperature for the feci 44 46-40
PUNkKAL OV THE I.ATE PROrEBSOR NICHOLS.?The
students nnd ex-stnrtenta of the College of the City
of New York win meet at the college this afternoon,
at two o'clock, for tho purpose of unending the fu
neral of the late Professor Nichols.
Killed bv a PaLL.?Yesterday morning John
Conneni. aged three years, foil from a third story
window of his parents' residence. No. 113 Mott street,
nnd was almost Instantly kitted. Coroner Hyuu una
notitied to hold an inquest.
ArrotNTHgtr or a Durmr CNrntn .states Mar
sh ai..?'William II. Thompson, of Brooklyn, h is Been
1 appointed By Marshal Murray first deputy marshal
I of tills district. Mr. Thompson took tho oaths of of
lice required by law Before Judge Blatriifonl, and
the record of ins appointment has been duly tiled,
j Immigration,?Large numbers of immigrants are
arriving tn this city every day. This, of course, is
an established fact, bat few persons would suppose
that sin<e the 1st of November six sailing vessels
and thtrtv-one steamers have parsed through tho
j Narrowc tilled with Immigrants for this port. On
: Saturday last three sailing vessels and the same
, number or steamers arrived with nearly 2,000 pas
' aengers on board.
The Rosa Mi rdrr Ca?e?A Jury was empanelled
1 yesterday In the case of Domtnlck P. Rosa, by Coro
! ner Klynn, for the purpose of holding an tnqneat.
j The coroner, however, con"luded to postpone the
ease until Monday, a# the alleged niurdcro", James
! A. Nasker, in sun ut Birge, In order Hut an effort
{ might be made 10 secure litin. The necessary burial
I certificate was also granted.
ANSI VIM ABT FESTIVAL OF THE FT. ASOREW'S
Fooiett, NEW Tore.?The one hundred and twelfth
anniversary festival of the Ft. Andrew's Foclrty of
this city is nnnonneed to take place at Delmonlco's,
rnrner of Flltb avenue and Fourteenth street, pu Ft.
Andrew's mghlpNoveuiBer no, nt six o'clock. Invi
tations have been extended to a number of dUUn
gulsticd speakers. William Pu?n will preside.
Prtartt'RB of Father DiBmrPoe Kiirofb.?
Rev. Father }l?e sniet, 8.#.. for the past thirty years
? uussivJMMV tg Hp iRdiaaa. sailed Cor fcurops in the
In man steamship Oltj or Baltimore yesterday, no
was escorted to the vousel by a large number of
rrlonds. including Rev. J. R. McDonald, t?i. Mary's,
Krook'yn, K. I*., Messrs. Sadietr, Cairoll, of Montana,
and McDonald of Pennsylvania. During his stay lu
this city lie resided with the Jesuits in sixteenth
street, and was auto the guest of Tuurlow Weed.
Tax Rkokivkiis' Orsuk.?During the past week
the employes or this office have been sorely pressed
with business. At nine o'clock last evening there
were envelopes containing mouey ror the payment
ol laxes to at least one million or dollara lu extent.
In addition to this the following amounts have been
collected:?
Monday $360,066 Friday $1,070,821
'luenday 711.8H6 Saturday 082,411
Weinesday 8:12,112
Total $3,767/206
Previously collected 12,128,106
Brand total $16,886,402
Fatal Railroad aooidrnt.?At one o'clock yes
terday morning the dead and mutilated body or
Aimer Bartlett was found lying on the railroad track
in Fourth avenue, near Tenth street. It appears
that, deceased was a driver In the employ or the
Harlem Railroad Company, and started at midnight
from the dopot with two heavily ireighted cars, and
it is supposed he fell from the front platform of the
car ami was run over. The remains were so shock
lugly mutilated and dlKllgtirod that death must have
been instantaneous. Corouer T'lyuu will bold an
inquest to-day.
sr. Joseph's schools.?Rot. Dr. Andcrdon, M.A.,
will deliver a lecture to-morrow evening in the
Cooper Institute, for the benefit or St. Joseph's
Schools (under the direction of the Sisters of
Charity), and as the suhJe<:t--"Washington and O'Con
ueil"?Is of undoubted interest both to Americans
as well us or the sous of the Emeranl Isle, who can
never forget the great services of the liberator, a
large attendance is anticipated. Those who have
already heard the Rev. Dr. Anderdou have gono
away charmed with his oratorical powers, and there
Is no question the Interesting subject will be ably
treated.
Hotbr Vaughn.?A meeting will be held tn
Cooper Institute on Tuesday evening next, at the
solicitation of several distinguished ladles of this
city, in behalf of an unfortunate girl now m prison
in Philadelphia under sentence of death ror iufuutl
cide. A delegation from the Working Women's As
sociation has just vtsitod her and aro satisfied of her
innocence, and confidently believe the Uovernot of
Pennsylvania can be easily tnduoed to set her at
liberty. This delegation will report to the meeting
on Tuesday evening.
Tub Suicibu on tor High Skas.-cH was men
tioned in the IIxuald of last Tuesday that a woman
jumped overboard from the ship Charles 11. South
ard, bound from Antwerp to New York with German
emigrants. The fact was taken from the r< port of
the boarding officer. The manliest of the muster
diseior.es further and more correct particulars. The
womau's name was Katheriue Gels, not Klch. as
suited at first, was twenty-one yeurs of age only,
unmarried, Jumped overboard deliberately and left
behind her a baby, her own illegitimate uifHimng,
nine months of ago, whtcU is now being taken care
01 ou Ward's island. Truly a picture of l >ve, seduc
tion, desertion and find despair as und aud heart
rending us any found 111 sensational works of fiction.
A Hint to thk Appointing Power-?The Inter
preter employed at the Court of Special Sessions Is,
undoubtedly, a very worthy and respectable man
personally, but for un interpreter of Uermau Into
English and of tlugllsh Into German ho is utterly unfit.
The reverential awe which many inexperienced por
b ius feel in the presence of a court is generally l>o
wilderlng enough to give to their statements on Hie
witness stand a confused utterance, and if those are
to be conveyed to-the Court through an interpreter,
the pereou so employed should undcrsiand both
languages to perfection and not be addicted from
want or understanding to push matters into deeper
muddle. For the sake of all parties coming before
this court, and with a $iew to a better administra
tion of justice, a change should be made in this de
partment and the person now holding the office
might be employed m a position more suitable to Ills
abilities.
Termination op thr Oigaii Makers' Struck.?
At a meeting of the Cigar Manufacturers' Association,
held yesterday (.Saturday) afternom, at the United
Kates Hotel, the following preamble and resolutions
were unanimously adopted:?
Where** ths Cigar Maker*' Union, at their Inat meeting,
helilou i ue? lay, the 24ih instant, empowered their KahciiiIvo
CoDirai teo 10 dually nettle all pending diilicuitlcr, provided
the Cigar Manufacturers' Association will remind lis resolu
tion not to employ hereafter Union men; lie it
Resolved. That we wl.l reconsider the said resolution on
condition that thejUi-nr Makers' Union will aliow their mem
bers to work wii'i lion-union men, an I tli.it hereaitrr ull differ
ences he se ttled by a joint committee of arbitration to uousifct
of Uve members from each of the two organizations.
This wus accepted by Mr.jConrad Kulia, President,
on behalf of the YVorkingmen's Union, und will ter
minate the pcudiug strike. All factories are again
open at the advance proposed by tne employers on
the l-ta Inst., which was then accepted by theunious.
POLICE IM'ELLICEVCK.
AHKR-Tor 0'Bai.dwin, thiPitan.isT.?Yesterday
morning. the much talked of puglliB ic champion,
Ned O'Bjtldwin, mo 1 run (iianl, Ac., was nrraignod
before Justice Dowling at the Tombs, by detective
Dunn , of the Sixth precinct. A large crowd of per
?one gathered in the court room, expectiug a rich
scene, bu; they were disappointed, as the m iglstrate
simply asked if the prisoner had a bondsman ready
to go his ball for luture good behavior, which bein t
answered tn tho negative, O'iUldwin was locked
up in Ucfau.d. So ended the trouble.
. Ai.i.rued Burglary.?Edward J. Brady, residing
at No. 116 Third avenue, appeared before Justice
Dodge, at the Jeffersou Market I*olIce Court yesier
duy morning ana accused John Farley, a young
man, eighteen years of age, who had been in his
employ a long time, of breaking in'o ills premises
and stealing t/110 and printing materials of the
value of $loo. .(ohn lately fell into bad company,
the complainant alleges, and to obtain the money
necessary to keep up a syvIDh appearance an !
carouse nightly, ho committed the burglary. He
was io< m i up to answer In do.suit of $i,uoo bail.
1 HE BROADWAY THEATRE OUTRAGE.
The investigation In itie> case of Un- Broadway
theatre outrage wa< resumed yesterday afternoon
b 'fore Justice Shamlley, at tlie Essex Ma.ket i'olice
Court.
William A. Moore, licing duly sworn, deposed?I
am business manager of tho Broadway theatre; I
was at tho theatre on the night of August 24, as the
agent of Mr. Barney Williams; 1 was In front of tho
theatre when the an'-ICe took place on the stage anil
saw nothing o* It; Mr. Daulel Harklns was the leasee
of the theatre during the week commencing Mon
day, August 24. and ending on the Haturday night
following; he only kept the theatre open four nights;
Mr. Ilarklns employed and paid the actors and em
ployes on the stage on the night in question, with
the exception of one or two of the regular bands;
some of the employes and some of the actors were
specially engaged and paid by Mr. Harklns for his
term of one week; Mr. Burnett, Mr. Walley, Miss
Mary Wells and Miss Hawthorne, actors, and a car
penter namod Wilson (not the Wilson who was shot)
were brought there by Mr. Harklns; the tno-tt of the
employee on the stage?such as sccneshlfters, gas
lighters and supernumeraries?were the regular em
ployes of the theatre; Mr. Harklns paid all these
parties himself; Mr. Williams received a certain sum
foriho theatre, and Mr. Harklns paid all Hie ex
penses; the theatre was entirely run uy Harklns on
the night of the disturbance.
Thomas A. Baucker, of No. 231 Kast Thirty-first
street, deposed? I am a deputy sheriff; was ap
pointed l? Sheriff O'Brien in January, isiw; I ain ut
tho head of the depaitmont for orders of Arrest;
they all pass through my hands; the deputies serv
I tug them take their orders frpin ruqj I have seen ex
i hibit "A" before; It is an order of arrest agalust
| Maolel Harkuis; I first saw this paper about tun-past
two on the afternoon of Augnst 24; I received it from
I tho pialniiirs attorney: at the time I received it the
piainturs attorney stated that the defendant (Haw
kins) had stolen from the plaintiff that day $;UO;iiiat
he was a common actor, not n respousihie person,
and that unless lie wns am sled that afternoon or
i cvenlug he would run away, and (hat the person
1 pn sent with the attorney was there ready to go
with tho deputy for the purpose of poiniliig
Harklns out; I asked him If llarkius was playing
at i he theatre at which Mr. William Mooro was man
ager; ho said he was not; 1 thereupon called Mr.
1 Mickey, gave hJm tlM order of arre?t and (old him
lo lane charge of the case; Mickey and these par
ties went away together for the purpose of making
the arrest; 1 next heard of this order of arrest at.
half-past eight In Mil' ewnlug, when Mr. Iliekey and
Mi. Ward came to my house, between Bceond and
Third avenues; lllekcy slated that they had en
deavored all tlic afternoon to make the arrest, but
had been unable to find Murklns iimll Use evening,
when they found he was ul inn tiieutro: that Hie
parties at the theatre appeared to be aware that
the order or arrest was sat and weald glvo bltn
no satlslaclion, and that when he asked tbi si any
questions they would laugh at hhn; he said tlmt the
plaintiff was there at the ihcstro where Harklns whh
pinving Insisting on the arrest being made; I told
Mickey to go back to tin* theatre and endeavor to see
who had Charge, and state to them that he held the
order of arrest agsinst Harklns and, further, that I
would wait up until one o'clock to aceept ladl for
hun, and thai Mr. Harklns could finish his piay and
come up after the theatre was oat; Iliekey then
asked me want hoehould do In the event oi llarkius
refusing to acknimieilge the arrest or put In bail.
I told him ID that case he should tnkd htm
to Ludlow street Jail; lllckry then stated that
tho back door of the theatre stood partly open at
times ami that there was no trouble in his getting In
on the hack of the elage, I told Mickey If tie could
not see Harklns while he was playing to send word
0 Utui by soutt que t&M ho Would not be ioqkll MP
If he brought two sureties, worth H.ooo eaoh, to my
house after the llieatio ww oui; Hlckey then aaked
iikj what was to l>e done in the event or Harktns re
fusing to comply; I told him If llarklns would not
accept kind treatment he should arrest and take him
to jail at all hazards: ? this 1 believed to
be the sheriff's duty; Hark us has not been
arrested yet; on the following dav his attorney
Died a bond for hliu; the bond was never
excepted to; Mr. Moore's uame waa on the bond; 1
would have taken his wont for Uarkin*; two days
aiLr wards I received fro.u the same court a non
bailable attachment, Issued by the suiue Judge; 1
have never beeu able to arrest Margins; I have aeen
an announcement of his playing In New Jersey, Con
necticut and other States, hut he has never, to my
knowledge, been In this county since the order was
issued.
There being no other witnesses to examine, coun
sel (or Sheriff O'Brien announced that lie would bo
ready to submit his hnei on Monday, the ,'tli of De
cember, to which day the case stands adjourned.
TOE FELIX Lilt EM HOJliClDL.
Th? Inquest Yesterday?Adjournment lutll
To-Morrow.
Coroner Plynn held an inquest yesterday on the
body or Felix Larkln, who was killed la a desperate
light at an early hour on Wednesday morning last
In the saloon corner of IJudson and Caual streets.
It was arranged that the investigation should be
held in the Coroner's office, No. 4 Centre street; but
a few minutes after twelve o'clock the miserable
office became so crowded tUat it was difficult to ob
tain even standing room. The rush or pugilists,
Councllmon, gamblers and members of Assembly,
friends or the victim and the accused parties, was so
great that the Coroner had to adjourn the inquest for
an hour, when the ubo of the chamber of the Board
of Couucllmen was obtained lor the inquost.
At one o'clock the large and elegantly famished
chamber was crowded tq excess by square-beaded
"city fathers," bruisers, politicians, friends of the
deceased, the accused and curious clil/.cns. Mrs.
1-arkin and children were present and occupied
scats In the back part of the chamber. Ann nines,
the belligerent cook, Hugh Campbell, the proprietor
of the saloon and the principal In the hotalcide, and
Jobu Bergen, tils barkeeper and assistant In the mur
derous attack on Larkln, were in the chamber in
charge of officers. Campbell la a man about thirty
years of age,-square shouldered and bull-headed, with
uot an altogether bad expression of face. Ann Mines,
who wore u veil over her face, Is a fair, freah girl of
al>out twenty-seven years of age, and Bergen, the
barkeeper, Is a young man of twenty-five to thirty.
The Coroner announced that he would not allow
counsel on either side, nor permit questions to bo
put through counsel; there was another tribunal
where tlicy could saow their eloqueuce.
David o'Day, being duly sworn, testified as fol
lows:?I wus at the corner of Hudson ami Canal
streets hi company with Felix Lurkln; when beiween
two iinil three o'clock, hi near as I can get it, we
went us far as the saloon corner of Hudson and
Canal streets, at Mr. Lurkin's proposal, to gel some
thing to eat; when we arrived at the saloon corner oi
Canal street wc weiit down the steps; Larkin fol
lowed uic und the other men alter him; the oniranee
we went down was in Canal street; I saw a light
through the dor: the names of these wore Myers,
Tim Collins and William McClean, the other nian's
name 1 <lo not know; 1 turned the knob; somebody
inside said, "Who's there*" 1 answered "a Iriend:"
ho opened the door?a party inside?and the whole
party went in then; 1 went In tlrst and saluted the
gentleman and said, "liood evening, sir," or "Good
morning, sir," 1 forget which; 1 usked him if lie
couldn't give us an oyster stew; ne said uo, that his
fire* were out; 1 asked him if he could give us any
thing to eat; he said yes, that he could give us some
raw oysters and sandwiches; 1 suggested that we
would like sandwiches; be went to cut the ham to
?make Ihe sandwiches, and I said to the gentleman
(here Hugh Campbell was brought forward in
chSrge of policemen and Identified), "Be kiud enough
to give me some of that meat;" he shoved It over
with a carving knlto about eighteeu inches long to
ward me: this was while he was preparing the sand
wiches; I took the meat and HHkcd Mr. Lurkln ir ho
would tako a plate of saudwiches; lie said "No,"
tliut if he could not get a stew he would not take
uDythlng: Mr. Campbell, who at this time was cut
ting the hum, stopped und looked up ul Larkln?he
was In u stooping position?and said, "Are you
ready for them*" he (Campbell) said tn Larkln, "S on
dir y big loatcr, we cau't keep the Ures llgutcd ad
night to accommodate you."
The witness here stepped up to the desk and
identified the kude, a carving knife, about eighteen
Inchea h>ng.
Mr. Larkiu said, "I don't think you would, 0?d
d?ni you;" here Mr. Campbell then, without any
cause or provocation from Larkln, went to tho door
and did something to it; whether he locked It or
not I cun't te:l, or what took hitu there; 1 was trying
to prevent a light; he (Campbell) ctnnc buck from
ilio door and went belaud tue counter?going along
t ie *aiuoti to gel bi liiud ll?und look out a luvolver;
I can't tell where lie look viie revolver trout; he
came round from the cud of the counter and
l met lam; lie hud a revolver lu one hand
(the left) and the l.ntfe lu his right hand; 1
can't Identity the revolver, as 1 wus not close
enough to see.
By tae Coroner?Was It the carving knife he had
in his right hand and Ihe revolver in the left when
he came behind the bar* A. To?, us 1 have ex
plained.
examination resumed by Dr. Knox?Said I,
"Mr. i a npbcil, stop (his muss; this man don't
waul to fight Willi you;" lie said, "net away vou
dirty goa or a , or 1 It cut the belly out
of ymr." 1 jumped back froui him uui the knife:
he thi n went to a partition room, 1 can't tell
which, adjoining the sleeping apartment (.he wlt
iiess explained that the put'tuioa wus nearest
to Canal street); lie had u knife In his hand,
turned his back to the partition, rapped wuu
liiu handle of the krii.'e ami called some
body by name (I <1 n't know tue name he called)
to prepare iumseli and com. out; Mr. Larkiu was at
tills tiinc standing lu the same position he occupied
siuce we entered the saloon; he was stand lug up by
the table, aud remained there; Campbell got on tuo
ot her slue of the tunic with the carv ug knife lu his
hand, opposite to Larkin; lie had a pistol in the other
hand; I got between Mr. Campbell und Mr. Larkln.
at tho side of the table: It was a round table; I laid
bote my hands on the table and u&kcd Mr. Campbell
tor God s sukc to stop that muss; that we didn't wout
any murder; they were both talkin*.? Campbell and
Li.rkln; Larkin, with open hands, said, "I hope you
don't want to murder me with tliut thing," meaning
the kniie in Campbell's hand; Canipncd had the
knife raised when Larkin made that remark. (Wit
iici-s here explained tho position lu jviileh tho knife
was held.) At this tune another man came out of
the sleeping apartment or room. (John Bcrlgen here
was brought lorward aud identified by the witness
as the man who came out of the room.) He (llcrlgcn)
tuekied uic wttli a club; he was in Ids siurt.
(Witness identified the club, a heavy weapon, like
i those carried by policemen on night duty. A police
| man pre out called It a night club.) I asked the geu
tleinau, when he struck ine with the club, to slop;
he said, on sou of a , I'll kill you;" he had a
dirk km c in the other hand. (Dirk examined ami re
cognized by witness.) I saw that my life was at stake
and fought with desperation with my bare hands;
lie made a stroke at uie with the club and took ine
here (pointing to his left forenrtu); at this time there
was another man liehtud Bcrigen's back; I couldn't
recognize him if I saw him now; I couldn't tell w ho
he was; It took nil iny time to watch the man who
was trjing to murder ine; at the tune I was struck
ou the arm I lilt Berigcn with my fist somewhere In
ihe f?ce and wrenched the dub from his grasp,
when I got the possession of the club und jumped
to the aaaistauce of lairktu; Latktn was then in one
oi the stalls, barked luto the comer: thu mail Camp
bell was on tne inside aud was jabbing the knife Inio
Imrkin and holding him with the ibi-eiigogert band;
tiic woman was ut this tluie standing on the outside
and also clubbing Larkiu; enu't identify Hie woman;
this wus between ihe Canal aud Hudson street doors,
In the stall; he could solemnly swear that he saw tne
woman strike Lurkin with the clnlt; the other man
got nut, but I did not see him go; 1 was too but)
with Mr. Berlgen; the other witnesses tan tell how
he got out; 1 swear I struck Campbell wuh the club
1 got uotn Bcrlgen eomcwhero uu the right cai;
wh.nl hit him he dropped lus hold of Larkln ana
fi ll ou the floor; as I struck Campbell on tiio head a
policeman struck inc. cut mo on the head and
caught me by the collar: I to, I lum lo go Tor the
man that wu-i getting murdered, and lie said. "1
want you;" while 1 was in the poiloeman's custody
Herlgcn made two attempts at me with a knife; 1 w.is
limn take.u to tIks shlewuik: said 1, "Dinner, take me
out of this, I am going to get murdered:" I w as then
taken to the sidewalk, ntuju lied as I was at tue time,
and then brought back to the cchsr again.
'Jtie witness was Hero cross-examined by Coro
ner Fl.vnn:?I was terribly, ?frightened, and
tmiughl 1 ?ii? going to ho murdered; on the
*oor 1 saw Felix Larkln, as I supposed, dead,
about thieo or lour feel from where I iefl lum Btand
tng whett the officer seized me; the polledthem
rushed in. 1 nouhi notsnv bow many; tlKre was a
number of them; ( amphell and I were then taken
to the station house: 1 have nothing farther ih say.
To a juror?Lark in was lying on the floor, as I
supposed dead, when I left; when I was brought out
first lie was In the stall tussling with the twain;
wtieu I left Campbell wn? Iviiig on the floor.
William K. Itayue. a sailor, was called, but having
heen questioned by tho Coroner an to ills knowledge
or the case, was dine barged.
Coroner Flynn then at ten mtnntcs lo three o'oloek,
announced that tho inquest was ud'ourncd until
Monday, at eleven o'clock A. M. The crowd re
mained In the room for nome tunc after the inquest
wis declared adjourned ami Indulged in comments
on tlie evidence so tar produced and speculation* ou
Hie probalde result of the luvesllgation.
Aimorr Rstapr or Criminal".?'Two noinrtcus
criminals, known up the river as Hie Brandenburg
pirates, were recently arrested, tried, convicted ami
sentenced lo the IN nltcutinry. On Sunday I.mi ine
prisoners were placed on board the Morning Mar.
They were handcuflcd and chained together so
securely It was thought impossible for tlie.ni to
eacnpa but while UMDont wm at Strong's landing
I hey got loose, an 1 one of them sprang overboard.
It Is supposed by some thai he passed under the
wheel ul the itcainer and was killed, others think
he eilccicd his escape. The oilier prisoner was cap
tured iiefore ho got overboard and taken to Louts
vtllo.??'??? ???(* thvl.) Jbumaf. iVbt**??&??*?
PAFtv* FASHIONS.
Ctossip About l'attt Tamberllrk?Blanphu
?!' uitiKny?I br ?f lie*
Fuauly uud Suitt?lltT ^Aimituieote at I be
Pavilion d? ? K?baB""IJfns^J' ('Ompic^uB*
Toilet of tlif l ui.utjs uud Ilea t*aeats.
JURIS, 15? 18<?.
There are few tlnn-pi which a man of i*J>e world
cannot swallow down, however uiipalutabf&> pro
serving a decorous gnu meanwhile; but 1 could Dot,'
neither did I try to look seL-collectod when, at the
opera on Monday, Just as I was stretching the wrist
of my glove to nuke the button meet the button hole,
Vespetro iniormed me that the tenor Tamberlick has
been nominated Colonel at Madrid, and thai
Adellua i'attl is to have a fur mantle thrown
over her shoulders, costing 30,0001., and that
by the Emperor of Russia, on the first night
of her appearance at 8U Petersburg. Ade
lina in fur made little Impression on me, but
the idea of Tamberlick being colonel provoked my
imagination, and uttering a "Bourn, Bourn Tamber
lick," I split the nicest pair of light gray kids 1 have
bought of Jouvin's black-eyed pan aire for a long
time. She generally insists on potting ihem on for
me, and somehow when f'arlsennes put on one's
gloves they never do split. They have a coaxing,
soothing, smoothing down process which is almost
fascluatiou and detios hide. Vespetro says that the
gloves customers carry home in their pocketa and
those which are put on their fingers are not made ot
the same skin, but on this occasion he only said,
"You ore awfully nervous,"" and levelled bis opens
glasa on a pink chamber/ opposite, while I pondered
on the blessings of a treble O or high sllna man'#
throat. 1 was as near asking myself why I had not
been born with such a supplement, entitling me to
a rank at the head of the biggest guards when I lelt
contrite, for Hamlet's ghost walked In and
we all know that bis appearance aettles on*
down to the question of being Toby or not Toby?
vulgarly called "to be or not to be." The following
evening 1 went to see Chilpenc at the FoUea. In
which Blanche d'Autlgny, the rival of tue authentic
(?rande Duchesae, is one blaze of diamonds Bho
w.ars as Queen Fred- sonde 300,000 francs worth of
gems in the Becond act, and as she Is perfectly fair
well made and has a dazzling coropexuu. the sensor
turn she produces can bo ima fined, ilerve, the com
poser, lately treated all the aruinatm oer.ioiue of his
now piece to a supper at the Cafe Anglais, after
which Blanche, the queen of the night, rose and
with goblet !u hand addressed the ilock as follows-?
"Children, the time has come for me to ask you all
whether I have toilets enough now to play in tar
dou's pieces." After this address she resumed her
seat amid frantic cheers, l not only tn.uk Biauchs
d'Antlguy lias enough to throw all previous Benob
tons in the shade, bat her carriages and Horses her
establishment in the Champs Llya os aud her famed
BnuiptuosUy are ovtrdbuo. llor favorite costumes
at the Hols are satiu in the browu cuesinut shades
and violet velvet.
Cargo processions of carrlflges, notwithstanding
all the guyeties of Conipbgne, uany fo low round the
lake. The ex-Queeu of spam takes her drive m lbs
sidewalks, leaning back and looking impassive. I
never, however, have seen her more undecipherable
than on the night of her arrival iu Paris, wh n, as
strict orders had been given for the ox elusion of
writers or journalists ou tiiestution platform, I reads
a point of being foremost uud saw everything. I
was not enlightoued o.i the tashlona, for her Cutho
lie Majesty was in a much tumbled mack silk, a
wtilto cloth sacque Jacket, a black toqnet, and held
in her haud a Cardoue leather bag worked with her
crown over her Initials, ller son was In a dark
gray MucFurline, the King In a brown suit aud Mar
lori, who has had his whiskers cut oif, In a shocking
bad hat. Ai. tho little lnfauts and infantus came up
behind. They were in gra.v waterproofs oi all sizes
that oamo down to their bee'.s, and there was such
a swarm of tliem that onc-liaif of thi flock
at least must belong to the Queeu s maids of honor.
The whole party enteied a saloon, thirty-two in num
ber, and two hours later, in the middle of the nl 'ht,
arrived the servants' train, containing tho dnterenl
grades of Spanish grandees in ti,e kitchens and
puntrlea. 'There are sixty of those olllcials loca'Od
iu the Pavilion de Rohan, which place Journalists
having also been strictly forbidden to enter, I made
it a point or pique to visit and obtain admission mm
the private chambers. 1 was perfectly successful
and can forward jour fashion readers the following
detail:?The Pavilion de Rohan is a private hotel
kept by Mr. Marin; one part looks out on the Rue de
Uivoll, the other on the Rul bt. Honor.-; the Klvoll
side, close to the 'full Ties opposite, is Inhabited by
the Queen, tho other by the King. Tue ex-sovereign'i
apartments are very roomy aud rlctilr iurmstied.
'The hangings are vrtmson velvet and tue furni
ture of rosewood in the reception or stateroom; next
comes a private salon?red silk damask uud black
rosewood; tbe boudoir is in green velvet and has
iiecn littcd up as a study; the bedroom Is u very
large room, iu red velvet, anil the Queen's bed,
w hich litis been brought from Spain,In gl.t iron.
I was minute enough In my obscr.a Ions to notice
that Isabella sleeps on three high l-'rench iua:tresies
luuilo of wool uud covered well rei silk. If jour
nalists had not to?n excluded 1 inlgut not have
noticed so much.
Meat the Queen's bedroom comes's second sleep
ing apartment, but tho bed has boon removed and
there are all the boxes uud treasures of the crown.
Here Mts Isabella's lady's maid, and Iu this room I
ascertained everything I wanted particularly to
know about her Majesty's clothes.
Last Bund.iy she we it to mass at her nnw parish
church, having declined the Emperor's odfer of a
cuup *1 within the Pavilion, nhe wore u brown sa'ln
jacket over a brown velvet trimmed wiiu satin on
the day she called on her mother, a dine satin
with silver stars dotted overand silver thread in lief
lrluge til minings. 'The day before yesterday sua
worn a bluo satiu ami black gimp trimmings aud
yesterday a short green satin costume trim m-d won
gro-i grain of the same shade. At four o'clo-k she
urn-en, as I nave stated above, and at this hour all
the Spaniards in Paris crowd aro,in l tho entrant
of the hotel to look at her. The French flaH' ir* v ?
with them Hi inquisitive curlo-ity. She bows to hor
countrymen as soon as r.lie sees some tak-1 oif their
hats, and she sometimes smiles sadly at this mack
of respect. Her whole happLiecs Is hi the presence
of her son, the Prince of Astunas; he no sooner
appears in ihe room she is in than sue
embraces liiui fondly, ana for tho time seems
perfectly contented, lie is but teu, always
wears a gray overcoat and gray beaver, and a white
silk louiard round his luroat. lie Is delighted wuk
French toys and French pasteboard soldiers, which
ha sets up and shouts down with a miniature
mftrailli'utie.
The other juvenile Prince, his elder, at ComplAgne,
is never seen with a foulard round his neck, lor lilt
mother, tho Empress, u not an advocate of sore
throats, and allows hun to get hardened to the cold
In order to resist it. Tho. Prince imperial is always
In scarlet stocaiugs, aud has either brown, gray or
black velvet tlgh ? aud coat, witn a scarlet necktie,
under a satlor-looking collar, and a scarlet piping
round hi* caps. Tills is how he was dres-ed lost
Monday. He has some very nice play fellows in his
cousins, the young duchesses of Albe; tnej go to (lit
riding school together aud pursue tnanv studios In
common. It was on Monday that ihe Empress,
? tiding her lady guests very constrained alter
dinner, on their return to the drawlug room, pr<*
posed that the gentlemen should leave tue runwtr,
throw their cigars awu.r and ask tliem to polka. Thai
pretty girl, Mile, de l.agrenee, was caught hold of
instantly by Enslave bore. Baron de Vatry followed
with the Duchess de Montmorency, and Waid
teufel rushed to the piano. He played the Emperor's
favorite polka-mazurka, "Bella," tbe only one the
Emperor ever dances to; and how fortunate WaiU
teuiei ig that lie can make him dance i<> a tunc so
many have tried aud failed. The Empress wore a
while silk rot*. streaked with rose, but streaked us
delicately as aurora, ller train was a la'i of suowr
lace, and in her hair, combed high behind was two
diamond flower*; the same Jewels werespuukmd
like morning dew on her bodice.
Another splendid toilet was a white poult train
roue, covered with bouillons round the bottom over
Which a deep flounce of black lace. The tunic was
pleated round and of poult, with a plies* of hiaek
laco under the pleating, ami It was slightly raised
i?..Pach ,p w,t"1 8ul,n ribbon, sheaves worked
}w,m n,?e ",u'1 scar,ct flowers. The same lell
rrotn the shoui l?rs over a sleeve of black
late flounce, forming bretcilei. In tue hair
n garland of flowem to match tho work
'i^n.fit In ribbons and pearl orn-.itnout*.
bu. bte Empress looked lovely, far lovelier than alt
ut the gala performance of "Due Job'' by Mentis/: on
nicsduy. She was tu green, with a white scarf
crossed over h< r bosom, w inch formed wide siccvus.
In her hair she had a diamond flower pecked by?
jewelled bird, nud from her neck hung ilvu rims of
diamonds. Mln: sat to the left of the Emperor In
front of Tniers' box; he wns as usual in his dark
blue dress coat, lined with white satin and set mf
with gilt buttons. The Imcliesscs d'Allio were in
blue silk. A large number of persons from (he neigh
borhood were invited, and the performers alter sup
per w>-re conveyod buck to Paris by a special train
And now one word in praise of tho new cashmere
guipure lie for* I close. It Is rrtumi.ng, of course but
such as would have Isten ordered by SclieUeia'z de
had she lived in oiir times. It ht mu le like liio'iau
shawls?that Is, of the same tissue in lace ami as
bright as the Hindoo sotting sun. Then it is (ringed
with long slik of the same shades as those iiiih?
, guipure pattern and sewu on ruby voivet puiouase
I jackets. We shall soon have to put up parasols to
j protect onr eyesight wneu our wives aud daughter*
1 Hash by tie.
4
? At.i.FOKn Pottoxd Chroes.?A young man, who
bos several aliases, was arrested a day or two acq
| In this city for drunkenness and disorderly conduct
i ou whoso person were found a pistol, about tti
| cash and a cashier's check on the First National
Hank of Allentown for $4,000. on a New York bank
and one on the Mechanics' Nailoi.al Rank of New
York for $:,ooo. Besides theso he had two gold
; winches and a gold chain on his person. The
17.000 chock purported to have been drawn by .T*.vr>
J .Shipmaster. (iron Investigation bv Chief Lamon it
' was ascertained that a chock, for $7,(?o, purporting
to have been draw n by Jacob Btngniaater, had l<oea
: presented by the defendant at the National Bank of
Allentown n short time ago, and (hat he received
! $;.,000 in cash on It, and the cashier's cheek 0n in*
) Mechanics' Bank or New York for |4,ooo. winuti ? m
not paid, and that the $7,000 check wuieh he hoi
I passed had been declared a forgery. 'The urismine
lias been held for a further Investigating i:i the mad
Vcr.--mwdeU.hfu LoaaOr. ffov. ji J u u,au