Newspaper Page Text
TUB IMPEACHED JUDGES.
Prindle and MeCann Before tlie Senato rial "High Court." TIIE QUESTION OF JURISDICTION. Tremain and the Chenango County Justice Antagonistic. ANSWERS OF THE ACCUSED. Side Thrusts at the "Reform" City Fathers. The Causes Adjourned to the 18th of Juno. Albany, May 23,1S72. The Senate was called to order at ten A. M. Mr. Murphy, from the Committee on Rules, sub mitted a report, which was, on his motion, laid on tlie table. TIIK CHARGES AGAINST JUDOE l'RINDLE. The Chair uuuounced that the first business in Order was the argument on the demurrer put in by tho respondeut, Horace (1. Prlndle, County Judge and Surrogate of Citcnango county. The charges against the respondent are fifty-four in number, and recite the years of 1807,1868,1809,1870 and 1871. He, as County Judge and Surrogate, drew the papers of all descriptions, knowing that tho same were to be used by and before him oh such County Judge and Surrogate, and know ingly, corruptly and unlawfully demanded, received and extorted fees varying from two dollars to sixty dollars for ills personal services in drawing such papers; also that, during the years named, he re Jtased to perform the duties of his office, referring applicants to one George Hay to have their papers drawn. THE DEMURRER PUT IN. V The demurrer contains two exceptions?first, to the fourth charge, that he refused to perform 'tho duties of his office, that it is insufficient, in uot being specific. Second, to all of the fifty-four etiarges sxeept the fourth, as not imputing to him any misconduct during his present term of office, and that the Senate lias no Jurisdiction in tho case. Henry It. Mygntt, of the counsel for Judge Pi indie addressed the Senate in support of the demurrer reviewing the charges, and claiming that us these alleged offences occurred while the respondent was serving a previous term of office a rc-cleclion and a new oath of office extinguished all liubillty. Ho spoke at i length as to (lie power ol' the Senate in such trials citing a large number of authorities and cases where the alleged offences wero committed during a previous term of office, and which were set aside. TREMAIN COMBATS THE NON-JURISDICTION THEORY Lyman Tremain, on behalf of tho prosecution, followed, calling attention to the importance of the question raised?the question of Jurisdiction. He was surprised that the respondeut should come in here with such a plea. Tliere were two courses open to him. These charges were indictable. Ho could have stood trial, or he could have come here throwing open all aveuues for investigation if lid considered his action us pure as it should be. He asked the Senate if it was ready to strike down tho great and salutary power placed in their hands by Jhe constitution. Here wils an official indulging in practices so frequently that they had become a common action, and what w?re they ? There are C:IMRGW against iiTm, - !? re to the effect that he was guilty wl('ow u,1(l the orphan, the decrepit and the demented, moneys without autho my of law. And must the provision made dv the constitution for the punishment oi such conduct be set aside? Tho counsel proceeded in this strain at much length, lie then discussed the object and purpose of con vening the Senate, not wholly as a Senate Court hut as a Senate with powers like a court, He said the Senate's office was not bo much to punish of fences as to prevent their recurrence. He argued at much length in favor of overruling the demurrer. Recess till lour l\ M. Afternoon Session. JUDGE M'Cl'NN'S CASE REPORTED. The Senate reassembled at four P. M. Senator J. Wood, trom the Judiciary Committee, to whom was referred the case of Judge McCuun, reported that lie had been attended by the Judge in peiBou and by ins counsel, and that the charges were served upon him, and that ho served and filed his answer thereto, and that Judge McCuun elects to bo tried before the Senate instead of the committee. The report was agreed to. REPLY OK TIIE ACCUSED. Judge McCuun has sent to the Senate an answer In the matter of the charges against him, In which he says that ho reserves the right to object by mo tion or otherwise to any or all proceedings based upon the charges; that lie was elected Justice of the Superior Court in I860 to take office iu lS7u; that he lias taken the oath required of him as such Jus tice; that lie entered upon the duties of his office and still discharges them; Hint while lie does not admit any or the charges, he Insists that in case thev are shown to have occurred or to have been committed by him they will be shown to have oc curred before his last election; and that the Sen ate, therefore, has no Jurisdiction to try him upon the charges; and he further avers that the matters alleged lu the charges do not constitute an offence for which the defendant Is liable to removal under the constitution; and further, the respondent de nies each and every allegation in the charges. CONTINUATION OK TIIE PRINDLE ARGUMENT. Mr. Tremain then resinned his argument In op position to the demurrer put lu by Judge ITlndle and spoke an hour and a half. THE JUDGE'S DEFENCE. Judge Prindle then addressed the Senate in his own defence, and protested against the appeals to the passion of the Senate made by counsel. If the County Judge of Chenango county was guilty of corrupt conduct, lie was here to statid the test of the Senate and fall. As to this demur rer, it was a simple question for ttic Senate to answer, whether it will go. back on the decision of the people, which was given nt the last election, and take up the charges and pass upon them. This was all there was of It. These charges had been passed upon by the people once, but if the Senate was determined to remove him from office it had the power to do so. Ifc did hot doubt the power. The constitution unques tionably conferred this power, but it conferred It with the expectation that it would be Judi ciously used. He then discussed the point whether the Senate could go back to former terms, Insisting that the precedents showed that they jcould not. He said that It must have occurred to the Senate that It was a little curious that for nine years this corruption, this extortion has prevailed In this office of County Judge of Chenango couutv, and yet the people do not know anything of it until a new election is to be had. when these frauds and corruptions arc developed by a political con vention opposed to the Incumbent, nc then detailed the fruitless efforts made in his county to obtain an Indictment from the Grand Jury, and "also the utter failure before Hie people in the election. Mr. Tremain rose to a point oi order, and ques tioned the propriety ol alluding to the action or tho Grand Jury, unless the other side be permitted to show whose Grand Jury this was. Judge Prindle said lie was only replying to what counsel said about these offences being Indictable. The President said Judge Prindle might proceed In order; but intimated that It was not lu order to refer to an action of a Grand Jury. Judge Prindle?Very well; I have the right, then, to refer to the net Ion of the Hoard of Supervisors, for counsel has referred to their action. lie then detailed their proceedings and the part lie per formed before that Hoard, to show that lie had done ail that could be required of him. He also criticized the charges, claiming that he was Justified by law In acting as lie had done, until again called to order, when he said lie had no disposition to speak out of order, but as counsel for the prosecution had referred to the }!'?ught lie had the right to show that fallacious. After continuing a low mo Bemito ger submitted tho question to the ?ecre?session?' Mf' Lcwis th? St'nut0 went tnt0 uiMlhlnui?h ?r 11 .waR fiffood to ndjonrn till the lsth of June, at lour P. M.. leuvlmr the mu s tiou on the demurrer unsettled ,c'iuug lUt (1IUS that?timi% ?f Jm,ge McCunu lH also Postponed till METROPOLITAN MUSEUM OF ART. The directors of tho Museum of Art have re solved to admit the public to the gallery on Rn t urdavs from nine o'clock A. M. to half-post live P. M. Tills is a step In the right direction, and we hope will be f0|. towed hv the appointment of nt least one other free day In the week. The fact that it Is necessary to apply for tickets, even when it is understood to bo only a matter of form, has a tendency to keen away many who would otherwise visit the gallon- am the chief aim of the Museum is the cultivation of the public taste the fewer obstacles that are thrown In the way of visitors the better. Admission ran be obtained on other days by tickets, which can be obtained at JON Last fourth avenue and at tne offices of the Museum or from the subscribers. , GREELEY AN A An Inside Interview with the Cltap paqua Philosopher. A member of the press was introduced to the "Sage of Chappaqua" at tbo Astor House the other day by the urbane General Cochruue. The venerable Sago rose, took the hand of tho press man, looked pleasantly into his face, the philoso pher's eyes moistened, his frame trembled, and then, with a sudden burst, his heart opened! Through tho chasm the press man saw the win dows of the great man's soul, and, glancing through one of the lower pancB, what did lie behold l The "blockheads" of the Union League were pecking away at the rcputatiou of the "later Franklin," while tho Siige, stripped to tho bu<* . ...~"g ny, right a"1' |,j8 assailants. Professor Longfellow was reading what the great fanner knew about farming to the listening curs of William C'ullcn Rryant. A pig Ironmonger of Pennsylvania and a domestic calico-monger of Massachusetts were in close commune with a free trader from Ohio; a Grahamlto was liobuob 14ng with a Fulton Market butcher; a New "ngland temperance teetotaller had the car of a German lager beer merchunt; Jelferson Davis was baling out the ship of state; General Bob Toombs had his arm around the neck of William Lloyd Garrison; one of the old Fourierlte pbalansterlans was button-holing a struitlaced Scotch Presbyterian; the statue of the elder Franklin was clasped In tearful embrace by the Lincoln statue in Union square; Sambo was lying cunuiugly In a corner, show ing only the whites of his eyes and grinning suspiciously; a woman's rights advocate was co quetting with the editor of a Fenian organ; an ex Tammany Ringmaster was singing "Oh that will be Joyful," with a member of the Reform Committee of Seventy; and, lu brief, there were clergymen, farm ers, politicians, merchants, mechanics, manufac turers, editors, poets, proscts, lUeratti, dilettanti, backwoodsmen and backsiders, bluo stock ings and silk stockings, milled shirts and sens culottes, and so on and so on, mingling and commingling, waltzing and polking and llirting all together, with a grand Illuminated picture of the White House in the distance, and the great Horace himself in a swallow-tail coat doing the honors of his llrst reception. This was all that tho member of tho press saw from his momentary glance?no doubt much more remained behind?but while lie was Btill gaz ing at and reflecting upon the wonderful phantas magoria tho lips of the philosopher moved, he gently released tho press man's hand, reseated himself on the sofa, leaned backward with more than ordinary grace, and gushingly said?Nothing 1 Greeley aiul the Democracy?Suppose Greeley, Falling to Get the Demo cratic Nomination, Should Withdraw, What Then I [From the Mobile Register (democratic), May 19.] Should the Democratic National Couvcution in July make a straight-out nomination, and should Mr. Greeley then withdraw?as he has so emphati cally pledged himself to do?the light would bo a straight out one between Grantlsm and democracy. Wc do not propose here to discuss the Issues of tills contest. It were premature to do so, because such Issue lias not yet been made, and because It perhaps will not bo made. The democracy may perhaps consider their best interests?as citizens, as indi viduals and as a party hoping for a future?sub served by permitting democrats to vote for the liberal-republican nominees. The Convention of July may possibly endorse the Cincinnati ticket. It may waive discussion of the whole subject, simply announcing its principles and Issuing an address to the people, calling upon them to perfect their party organization for State service, and urging them to Vote for President ?5 tiK'lr Judgment aud instinct of self-preservation may dictate. In cither of these cases It were bootless to make calculations upon tho last contingency occurring in this article?a single-handed light between the two old parties. Rut even this far ahead it may not be prematuro for the democratic party?from its leaders to its rank and file?to weigh well and cnlinly the question whether, or not, Grant would permit a count of the Southern vote. It has been universally conceded that the whole structure of Ku Klux laws and Enforcement acts was roared to facilitate new forays and outrages upon Southern rights, within the States. What Gruutisui did In isr.8 to nulliy twenty-three electoral votes Grant, may repeat lii 187U. We must bear In mind that the party that bound and gagged our sisters then wore only brigands in prospect. Lusting for plun der and thirsting for blood, they were not yet flushed with years of triumphant greed and were not yet led "by the arrogant and stolid autocrat, who now has a double debt of vengeance to pay those who gave encouragement to liis own rebel lious vassals at Cincinnati. Miscellaneous Notes About Greeley and tbc Campaign. If sonic democrats cannot swallow Greeley they must admit that lie swings a saucy swallow-tailed coat. Some of Greeley's devotees propose to add a new chapter to the Scriptures?"The axe of the Apostle lloracc." The Democratic State Convention in Maine will he held in Bangor, June 18. It will endorse Greeley, no doubt. William A. Richardson, of Illinois, goes for Gree ley. lie says it is w?a?r to the knife against Grant. The Coopcntown (N. Y., Justice Nelson's resi dence) Freeman's Journal (democratic) don't wish to be set down for Greeley until ho deceives the Baltimore endorsement. The same paper states that in a private conversa tion with Mr. Greeley he found no fault with the cool manner in which his nomination had been re ceived by the democratic press and leading poli ticians of this State, and considered the action of the Rochester Convention wise and friendly. He thought the great body of voters In New York city were warmly in his favor, and that South and West there was a growing favorable feeling among re publicans. "Summing the whole matter up in few words," continues the Journal, "it now looks as though Mr. Greeley would most probably be nomi nated at Baltimore and elected." A democratic paper avers that the "Horace Greeley Grand March" will be supplemented in November by the "Salt River Promenade." The Nashville Republican Banner Is well satisfied with the Greeley outlook as it learns it through private sources from Washington. The Wilmington (N. C.) Star says it was not ex pected the Rochester Democratic .State Convention would endorse Greeley and Brown out and out. It did very well as far as it went. The Star twinkles for Greeley. TIiq Alexandria (Va.) Oatette (democratic) says Greeley's letter accepting the Presidential nomina tion "expresses sentiments which will be approved of by the conservatives of the country, and those who desire to sec a change in the administration of the government." The .Springfield (Mass.) Republican speaks of Abbe McMasters as "Pope" McMastcrs, and asserts that Archbishop Purccll (Catholic), of Cincinnati, Is far ahead of the Abbe in the way of progressive ideas, which means the suppoitof the Cincinnati nomi nees. Thomas A. R. Nelson and Emerson Etheridge, running as candidates for electors at largo on the liberal ticket in Tennessee, are for Greeley. Ex-Governor Herbert, of Louisiana, opens his hand and heart for Greeley. General G. T. Beauregard, Dick nays, cx-Con federatc Secretary of War Conrad, and Conrad Hunt are all for Greeley. "And thou, too, Brutus ???The old democratic sheet anchor of Connecticut, the Hartford Times, is sidling up to Greeley. "It will receive the commendation of every candid mind," says the Providence HeraUl (democratic) in referring to Greeley's letter of acceptance. Personal abuse of the "Champion Woodchopper" is denounced by the Saratoga Sentinel (democratic.) "Ought the colored voters to support Greeley t" Is a mooted question. The "colored troops fought nobly" has often been the burden of Greeley's editorials. "There is mnch to admire in Greeley's letter of accept anco," says the Albany Thnes, bnt at the same time It objects to such expressions as the "drill sergeants of decaying organizations." The Washington JMtrivt (democratic) flayg Greeley's letter is "In the main candid, direct and unobjectionable from m? puirMcal standpoint." The Baltimore Sun (indenennen'.i says Greeley's "letter oi acceptance cannot fail to make a favor able impression." The Washington Chronicle (administration) says Greeley's letter is "strong and vigorous, with some considerable spice of courage." The Albany Journal (administration) says Mr. Greeley contents liimself with a reproduction of the platform in a little different language, which is a very easy and harmless way of tilling out a letter, and which requires no comment. NEW JERSEY REPUBLICAN CONVENTION. Enthusiastic Endorsement of Grant?Amnesty to the Sooth, Civil Service Reform, Repeal of the Income Tax, Economy, Equal Rights and Reduced Taxation the Platform. The State Republican Convention of New Jersey to elect delegates to the National Convention met yesterday at uo<>n, in the Opera House, Trenton. The Convention was called to order by George A. llalsey, who nominated for temporary Chairman Samuel A. Dobbins, of Rurlington. John W. New liu, of Cumberland, was appointed temporary Sec retary. After recess the Committee on Permanent Organization reported for President General Thomas Vun Duren, ofllcrgen. That gentleman came forward and delivered a most eloquent address, in which he placed in one category the names of Washington, Jackson, Lincoln, Grunt, Hherman, Sheridan and Kearney. When the speaker men tioned Grant he was interrupted by a storm of cheering which was continued for fully a minute, lie traced the military career of Grant, eulogized his administration and concluded by saying that as sure as to-morrow's sun would rise Grant would bo the next President. The Committeo on Resolutions reported as fol lows:? The republicans of New Jersey, In State Convention as sembled, nl Trenton. May 33, 1872, make the following de claration of principles:? Firtt? We recognize the great principles laid down In the Immortal Declaration of Independence as the true foundation of democratic government, und we linil with gladness every sincere effort toward making these prin ciples a living rcHlity on every Inch of American soli. Second?The wisdom of the passage of the thirteenth, fourteenth and fifteenth amendments to the constitution having been hilly demonstrated by tin*ir operation, we are opposed to any repeal or modincntion thereof. ThirJ?We favor the removal ol the disqualifications and rcifrictions Imposed upon tlio law rebels in the same measure as their spirit of loyally will direct and us may be consistent with the safety of the loyal people, and wo approve the recent action of Congress in the passage of the Amnesty bill as a wise step in that direction. Fourth?\Ve are heartily In tavi.r of such a reformation In the. eivll service that good character and ability shall be the chief recommendations to office, und n it political service rendered or to be rendered: thcrelorc wo <or dlally endorse lite appointnunt und hilars of the Ciiil Service Commission und the messages of President Grant thereon. Filth?We desire the early and total repeal of the In come tux and franking privilege. Sixth?While remembering we have a large national debt which must be paid, Willi accruing Interest, we nevertheless desire that the burdens of taxation should be removed from the people as rapidly as the national faith will permit. ,Ve, ruth? We take especial pride in eominrmling the economy of the national administration in all its brunches, and with gratification wo point to the tact that since the Inauguration of President Grant the national debt has been reduced $328,000,0110. Fi'iltth?\Vo are in favor of such legislation ns will secure to all men equal and exact justice under the laws,without regard to color, creed or race. Ainth?We earnestly invite all those who for any ennso arc temporarily alienated, and yet believe In republican doctrines, to unite In mutuul concessions with us In pre serving intact the ever-living principles ot that great iiartv that saved the nation, crushed rebellion, treed the slaves, enfranchised the bondmen and hroughi |>eace and pros perity out of rebellion and discord. Tenth?We acknowledge our grutitnde and deep obliga tion to the soldiers and sailors of the republic, who on land and sea fought the nation's battles against the armed hosts of the South; as they have proved their devotion and fealty iu the past when the life of our country was in danger, and as combinations are forming which mav Jeopardi/.e the great results ot the war, we call upon them again to give us their powerful aid and support in main taining our republican principles und the priceless lega cies ot the war against all und every combination what soever. Eleventh?We fully endorse the administration of Presi dent Grant, and believe that the best and highest Interests of our country demand the re nomination ami election of General Grant us President and Behuyk-r Colfax as Vice President. The following delegates were elected:? IHst. 1?John W. Newlln and Augustus 8. Barber. 2?C. Hewitt and Isaac Carinlchacl. 3?Amos Clark, Jr., and J. \V. Herbert. 4?General Dan. Ticket s and F. A. Potts. 6?George Wurts andTheodorc Little. 0?F. II. Harris and Daniel Uodd. 7?James Gopsill and D. 8. Gregory. Delegates at Large?Oourtlanat Parker, A. O. Cattell, Levi 1). Jarrard and J. W.Jones. Alter nates?Jolin 8. Irick, Jonathan Dixon, A. 8. Living ston und Joseph Coult. THE CONNECTICUT SENATORSHIP. Letter from Ex-Oov?rnor Ilawley. ? * * Thank you. Yes I do care for letters nnd the expression i get from them, and the repub lican Journals show inc that there Is something worth more than oillce?the esteem and respect of friends. I shall tr.v to deserve the latter. The man who sets his heart upon ofllce in this country Is a fool. I never felt that I had much luck in that direction. But I love a good hearty fight, nnd us i "reckon" wo shall have it this fall, count me In. Sincerely yours, J. R. UAW'LEY. NORTH CAROLINA DEMOCRACY. Charlotte, N. C., May 23,1872. The Democratic District Convention here to-day nominated for Congress Thomas S. Ashe, of Anson county; Walter L, Steele, district elector; I,. B. Vance and P. B. Mears, delegates to the Baltimore Convention. Ex-(lovernor Vance presided. The attendance was large. AMERICAN MINING ENGINEERS. The gentlemen of the American Institute of Min ing Engineers, who are now holding sessions in this city, paid a visit to the Stevens Institute of Tech nology, in Hohokon, yesterday. Among those pres ent were ex-Governor Ward, of New Jersey; Peter Cooper, Professors Draper and Tillman, Generals Gil more and Barnard, R. A. Raymond, Rev. S. B. Dodd and many other men of note. The physical laboratory was tlrst entered, where the college pro fessors exhibited new and improved apparatus for demonstrating the laws which underlie the mo lecular reverberations of bodies, as manifested in light, heat and electricity. An inductiou coll, up wards of one nundred mites long, gave a spark of twenty-one inches, and sent one through a block of glass two nnd a half inches thick. Many beaut I ful accoustic instruments were displayed The workshop, with its complicate machinery: the chemical laboratory, the immense electric battery, the reservoirs of oxygpn and hydrogen, apparatus for electrolysis of water and chloro-hydrlc acid, and arrangements by which compressed air, gases, va cuum and electricity can be turned on, were atten tively surveyed l?y the visitors. The numerous de vices for teaching mechanics, hydrostatics nnd pneumatics were thoroughly explained in succession by members of the faculty. The optical and drawing do- partments were specially Interesting. In the spacious lecture room experiments with polarized light, ocularly exhibiting the distribution of strain in bodies under pressure were made and projected on a screen with admirable efftct. The gentlemen then passed through the photo graphic ami mineral departments to the hall wherein stands the largest eh-ctro-magnet that lias ever been constructed. In the space herein allotted it is Impossible to do justice to the exhibi tion, which reflects the highest credit on Professor Morton, President of the Stevens Institute, and on the other professors. The assemblage were then i invited to lunch at the house of Mrs. E. A. Stevens j at Castle Point, where the laws governing the .palatable combination of solids and liquids were i put into practical operation. The gentlemCn sub sequently perambulated the gardens surrounding the Stevens mansion and then retired to their re spective homes. A DISGRACEFUL SCENE. Fight Between Undertakers Over a Dead Body. There was a dead person in East Ninety-eighth street on Tuesday last, to bury whom two under takers had been notified by mistake. These were Mr. Hart, the sexton of St. Patrick's Cathedral, and Frederick Lanz, of 1,477 Third avenue. Hart's assistant, Hugh McConncllough, and Lanz, met In the house where lay the corpse, and each claimed the right, to the exclusion of the other, totheprcpa jatlon for and burial of the remains of the departed. Tiie upshot of the matter was that they struck each other, and held a sparring exhibition for some moments across the body of the corpse, which did not, however, like that of Tim Ftnnegan, Jump up from the table to take a hand in the scrimmage. The two undertakers had it all to themselves, and no one thought it worth while to interfere. They fought round the house, down the stairs, and never stopped until they reached the sidewalk, all tho time ralulng blows thick and fast upon each other's skulls. McConnellough was at length declared the victor, and lie it was accordingly who had tho honor and the profits of the funeral. But he was destined to lose part of tho glory he had achieved. Yesterday he was arraigned at the Yorkville Pollco Court, where sat Justice Mctjuade, whose sense of propriety was evidently much shocked on hearing the facts' in the case. He considered McConnellough to blame in the matter, and held him to bail in $500 to answer THE COURTS. The Gordon-Gould Case?A Suit Against Comp troller Green?Alleged Forfeited Bail?Busi ness in the Surrogate's Court and Court of General Sessions?Decisions. SUPREME COURT-CHAMBERS. Disappearance of the Bol-DUant Lord Gordon* Before Judge Leonard. The Chambers of the Supreme Court were yesterday morning crowded to excess, it being generally an t icipated that Gordon Gordon, against whom an at tachment was issued oil the previous d?j( would sur render for examination. ifut the assemblage was doomed to disappointment, for Gordon failed to appear, and his whereabouts Is a mystery to the Sheriff's ottleers who have already given chase, hut in vain. There was a host of counsel in attendance, and when the ease was called Mr. Strahau asked the t'ourt to allow It. to stand over till another day, as counsel on both sides had consented to a postponement. Judge Leonard said he had already made engage ments for to-morrow mornlug, which must take priority. Mr. Field said he consented to the postponement, of the motion to strike out the complaint, lie had received the Sheriff's return upon the attachment, "Not found," and lie now asked for the issue of au alias attachment, returnable forthwith. The Court granted the adjournment. Anthony J. Blecckcr'* Bill for Appraise ment of City Property. The People ex rel. Anthony J. Bleecker vs. Comp troller Green.?It will be remembered that in May, 1871, the Commissioners of the Sinking Fund em ployed Anthony J. Bleecker, Adrian H. Mullcr and Cortlandt I'almcr to make appraisal of property In New York belonging to the city. The parties thus employed did the work, and the Commissioners passed a resolution awarding them $15,woo each for their services, hut. subsequently rescinded the reso lution. Since then the last two gentlemen iiavo withdrawn their claim, but Mr. Bleecker, in the emphatic language of Senator Sumner, "sticks." Comptroller Green, however, lias refused to pay him ins $15,000, and expresses a willingness to pay only $3,000. The matter came up yesterday morning on an application lor a mandamus to compel the Board of Audit aud Apportionment to pay tho claim. Mr. William Watson, on behalf of Mr. Bleecker, claimed that the passage of the resolution by the Commissioners or tho Sinking Fund lo pay Mr. Bleecker was a complete contract, being passed after tho work was done, and that the rescinding resolution was a nullity. The mouey, he contended further, had been justly earned. Mr. itleeeker was an expert in the mat ter of real estate, and this ap praisal was ofdercd to put on sound foundation the financial credit of the city. Mr. Dean, ou behalf of the city, contended that the present case did not come within the scope of the legislative act as to the payment of the salaries of employes of the city and for supplies and material furnished for the city. Mr. Struhan stated that there was a bill awaiting the signature of tho Governor which would cover Mr. Bleecker's claim. Mr. Dean, resuming his argument, Insisted that the original employment was for such a sum as tho Comptroller might tlx, which was $3,000. lie also urged that the Commissioners had no right to mako the contract, that no sale of city property was con templated, and therefore that they had no right to order an appraisal, and that tiny had no money applicable to the purpose, ills concluding point was that if a mandamus was granted it should sim ply be to audit the bill and settle upon the amount to be paid. Mr. Watson replied to these various points serfo tim, contending that none of them were tenuble, after which the Court took the papers, reserving its decision. SUPERIOR COURT-SPECIAL TERM. Decisions. By Judge William E. Curtis. In the matter of Alice Colly.?Reference granted. McLoughlin vs. Wortct al.?Order granted. Grey vs. Treat.?Reference granted. Oorwin vs. Eighth National Bunk of the City of New York.?Order granted. Kimball vs. Lewis.?Same. Taylor vs. Turner.?Reference granted. Wetmore vs. Mahonc.?Order granted. COURT OF COMMON PLEAS-SPECIAL TERM. Too Late on the Ball Question. Before Judge Joseph F. Daly. The People, Ac., vs. Edward Johnston.?About a year ago the defendant, as will be remembered, was arrested on a charge of buying goods on false pre tences. A Mr. Lowenstein became his ball. When the case was first called the accused failed to ap pear, and the ball was declared forfeited. Subse quently Johnston was rearrested, tried and ac quitted. Application was made to compel Lowen steiu to pay the bail. The Judgo denied the motion. SURROGATE'S COURT. The Taylor Will Case. Before Surrogate Hatchings. The Taylor will case, which was begun In the Sur rogate's Court on the 9th Instant, and was to all seeming settled by a compromise (which has l?eon published) accepted on the part of the daughter of the first wife and the second (the divorced) wife, contestants, and in conformity with which letters testamentary were to issue yesterday to the third wife, the proponent of the last' will and testament of deceased, has assumed a new phase, and will, in all probability, prove a very interesting trial before a settlement is effected. One Mrs. Mary Anne Taylor appeared before the Surrogate yesterday, and claimed the right to con test the will on the ground that she Is the lawful wife and widow or the deceased, John H. Taylor. The Surrogate after reading the affidavit granted an order summoning the proponent of tne will to appear and show cause why this Mrs. Taylor should not be permitted to contest the validity of the will. Mrs. Taylor states in her affidavit thnt she now lives in Brooklyn: was married to John Ilenry Tay lor six years ago by mutual agreement; the issue of the marriage is one child, named by her husband, John llcnry Taylor, now five years and two months old. The Gray Will Case?.Confirmation of the Will an?l First Codicil. Surrogate Ilutchlngs delivered his decision yes terday in the (Jray will case. It has dragged Its slow length along for months now, though the sum of $6,000 was all that was Involved. There were two codicils to the will, the terms of the first of which confirmed the will and left the property entirely to the immediate relatives of the deceased. The second codicil negatived the provisions of the will and gave the bulk of the properly to Mr. John Crofius. The surrogate confirmed the will and the first codicil and decided against the second. COURT OF GENERAL SESSIONS. Mr. Howe Obtain* a New Trial for Bar clay, the Alleged Hotel Thief, Before Recorder Iiackctt. At the opening of the Court a number of prison ers, against whom the Grand Jury found indict ments for robbery, burglary and other offences, were arraigned and pleaded "not guilty." William J. Barclay, who was convicted on Wednes day of larceny In the Grand Hotel, was placed at the bar. Ills Honor said that he had reconsidered Ills decision in refusing to grant Mr. Howe's motion for a new trial. The previous conviction of the ac cused, which was Hct out In the indictment, ought to have been proved by the prosecution. Anew (rial was ordered, ami His Honor directed the case to be set down for trial to-day. Mr. Fellows said he Would be ready. Mr. Howe said that the present panel of Jurors were prejudiced, and he would at that time move au adjournment till the next term. The Accused In a Manslaughter Case Discharged. On motion of Mr. Kintzing, Patrick Malone, charged with manslaughter, was discharged upon his own recognizance. Assistant District Attorney Fellows stated that the material witness, David II. Piatt, conld not be found by the subpoena clerks. He saw the deceased and the accused at the time of the fight, and hoard the deceased say when the prisoner struck him that his neck was dislocated. The deceased was taken to the hospital and filed soon after, but the prosecution was unable to prove the cause of death. John Payne and James Rogers were tried upon a charge of breaking the window of John II. Burton's shoe store, 117 Eighth avenue, on the 21st or April, and stealing seven pairs of gaiters, worth $21. Payne produced evidence of good character. A verdict of petty larceny was rendered, and the prisoners were scut to the Pcuttentiary for six month"). Francis Conlon pleaded gutltv to an attempt, at burglary in the third degree, tho charge being that on the 16th of May he entered tho premises of Timothy J. Evans, 166 Wavcrlcy place, ami stole a quantity of bottles. John Sweeny, who on the IRth Inst, stole three dresses worth $loo, the property of Peter Heilly, pleaded guilty to an attempt to commit that offence. Conlon and sweeny were each sent to the State Prison for two years and six months. A Case ot Garrotlng?The Prisoner Sent to the State Prison tor Twenty Years. George Riley, who was jointly Indicted with Michael Rogers, was tried for the serious offence of robbery. The complainant, a youth named Daniel Kenlson, testified that on the night of the loth, wiuie pacing thfORgb FofU WComl jtrveU JttMfflii seized him by tho throat and then Riley pnt his hand In IiIh pocket and stole twenty-seven ecrtts Riley was defended by a "lawyer" with an unmis takable Irish brogue, who In Ills incoherent and nonsensical observations to the Jury said that sooner than permit a prisoner to go upon the stand and commit perjury he would go down to his grave. Assistant District Attorney Fellows caused a roar of laughter in the Court when he said that the only sensible thing which fell from the "lawyer's" lips was that lie was going down to his grave, lie wished him a pleasant and a speedy journey. The jury rendered a verdict of guilty of robbery In the first degree, and the Recorder sentenced lihu to the State Prison for twenty years at hard labor, . having been informed by police otileers that Riley is connected with a gang of thieves wlio are u ter ror to the neighborhood. COURT CALENDARS?THIS DAY. fspfRKMB Coprt Circuit?Part 1?Held by Judge Van It runt.?Short Causes?Nos. 2293, 2703, 10th), 2743, 2943, 1921, 2301, 3049, 315T, 1311, 2595, 3123, 3107, 1043, 2143, 230ft, 2903, 8067, 3071, 3073, 3079, 3103, 320ft, 3273. Part 2?Held by .lodge Barrett.? Short Causes?Nos. 2902, 3022 M, 2278 s', 2930, 912>i, 1186S, 1044, 2306, 1540!,, 21S8, 2208, 2402, 2952, 2956, 2972, 3114, 3132, 8134, 3150*, 3152, 3158, 3100, 3168, 3280, 1058 1$. supreme Court?General Term?Held by Judge Brady.?Case on. Supreme Court?Chambers?Held by Judge Leo nard.?Nos. 51, 52, 63, 54, 82, 92, 94, 96, 07, 100, 107, 108, 109, 111, 113, 121, 124, 127. thill 133. Superior Court?Trial Term?Part 1?Held by Judge Sedgwick.?Short causes?Nos. 1774, 1874, 1738, 1883, 1962, 1943, 1898, 1934, i960, 1935, 1767. Part 2?Short causes. Court of Common Pleas?Trial Term?Held bv court op Common Pleas?Trial Term?Held by Judges Daly, Robinson and Lnrremore.?Nos. 82 O, 01, 07, 68, 74, 75, 77, 08 99, 100, 110, ill, 115, 110, 118. Court of Common pleas?Trial Term?Part l? Held by Judge Iajcw short, causes?Nos. 1712, 1428, 1561, 1326, 1585, 1851, 2110, 2221, 1930, 2349, 2398, 2380, 2841, 1511, 2082, 2226, 2230, 2258, 2462, 2385, 2127, 2389, 2384, 2371, 1955, 2353, 2481, 2471, 2111, 2123, 2104, 2474, 1765, 2488, 2863, 2470, 2314, 2357, 24S0, 2490, 2404, 2415, 2009, 1485, 2154, 2407, 2354, 2459, 2456, 2470, 2001, 2136, 1322. Marine Court?Trial Term.?Part, 1?No calen dar until June 3. Part 2?No calendar until June 8. Purt 3?No calendar until June 3. Court ok General Sessions?Held by John K. Haekett, Recorder.?The People vs. James McCart ney, manslaughter; Same vs. Michael Hays, man slaughter; Same vs. James Johnson and Joseph Clark, robbery; Same vs. George Revolt, burglary; Samo vs. Thomas Chester, burglary; Same vs. James Johnson, forgery; Same vs. Tali Sang, felonious assault antl battery; Same vs. Hugh Mont gomery, felonious assault, and battery; Same vs. William C. MeCosh, grand larceny; Same vs. James Lynch, grand larceny; Same vs. Charles Court ley, grand larceny; Same vs. Michael O'Neill, grand lar ceny; Same vs. Joseph Dollard and Joseph Oliau, larceny from Hie person; Sara? vs. William J. liar clay, grand larceny; Same vs. James Hughes, grand larceny: Same vs. John T.ylcr, grand larceny; Samo vs. Patrick Dulton, larceny from the person; Same vs. Mary Klktn, receiving stolen goods; Samo vs. Francis Doole.v, seduction; Same vs. John Dwyer, concealed weapons. COURT OF APPEALS CALENDAR. Albany, N. Y., May 23,1R72. The following is the day calendar of the court of Appeals for May 24:?Nos. 245, 227, 129, 317, 32u, 321, 320, 328. ?'REDBY THE BLACKSMITH." The Vicious Varley Violent Again?Com mendable Conduct of Justice C'ox. On Wednesday night the notorious William Vnr lcy, alias "Reddy the Blacksmith," was much In toxicated and endeavoring in a buggy to reach Ids home, No. 20u Hudson street. When opposite No. 247 West street he fell lrom tho bugg.v Into the gut ter. John C. Lang, the occupant of the house, weut out and helped him to his feet, when ho returned the civility by applying to Mr. Lang most opprobri ous epithets and knocked liirn down. Officer Oak ley, of the Ninth precinct, arrested Varley and took hlin to the station house, where, having given his name, Mr. Lang became frightened to think that ho had caused the arrest of such a redoubtable charac ter and declined to prosecute. Justice Cox, how ever, determined that he should prosecute; so ho committed Varley, sent Lang to tho House of De tention, and Mr. Iloughtalln, the Clerk, took the papers down to be placed before the Grand Jury. THE MARKETS. Report of the Superintendent of Markets. The Committee on Markets of the Itourd of Assist ant Aldermen met yesterday, Alderman Schwartz In the chair. The Clerk then read the following report from Colonel Dcvoe, Superintendent of Mar kets ntmr.AO of Markfts, May 20,1872. Riu?Tn answer to your request 1 would state:-* Tl...t ..II tl... It.nidn.1 t . . . ? ? n>, . Firel?That all the market houses arc how cleaned every day; those located up town arc swept out?sidewalks and gutters?he lore eight o'clock A. M, and that after closing guttera?bctorc eight o'clock A. M., and that after closing the same the Inside Is ch nucd, and nil the garbage, oIIh! and other tilth are removed the tame evening. The laws in relation to unwholesome food ore rigidly enforced. Srrtnnf?The spaces, gangways, or passages, and all other arrangements around anil in relation to the various stalls have not been changed, except some of the passage ways have been enlarged, to the manifest advantage Of all Interested; and whero obstructions have been placed 111 the gaiiu'tvays they tin vo been removed. The greatest obstruction so removed was the retailing of meats at Washington Market on the West street sidewalk, which at times was so blocked up, being (lie only or main passageway, that a great many citizens were obliged to go up to Washington street, and even to (Greenwich street, to reach the farmers or other plnccs. In the several markets there are numbers of stalls oc cupied by non-residents, and others again are residing temporarily out of the city during the summer months. Thirtl?The obstructions of streets and sidewalks within the market limits with sheds, boxes, wagons, Ac., is a suhlcct which is now under consideration. Many of these walks near the market houses have been so used and allowed by former authorities for many years past, but no Increase ot sheds has been allowed 'under my super vision. Fourth?The laws and ordinances In relation to extor tion, false weight, deception or unwholesome food are rigidly enforced. Those persons formerly engaged in sell DEPARTMENT OF PARKS. the extension of the Boulevard north ot 155th street." WW a proportionately Increased compensation. Wher "? reas the great majority ot people are unable to en joy the music at Central I'ark on Saturday afternoons. Resolved, Thai the President of the lb parlnicnt nt I'tib 11c Parka lie an.I lie Is hereby directed to Inne appropri ate music in Central I'ark upon each Sunday afternoon. Resolved, That heroalter the meetings ot this Board he opened to the public. THE CITY ADVERTISING. The Commissioner of Public Works has transmit ted the following communication to the Mayor and Comptroller:? Skit Yom. May 22, 1S72. I have tills dav solicited the opinion of the'Honorabl? the Counsel to the Corporation as to tlto construction to he placed upon chapter 574, Haws of 1871 (a copy of which uiutimi. MHia-iiwui | u n i iv s ?v/ ?'? benefited and dtta economy to the city prompt that an lug unwholesome meats have been stopped or suspended from the markets. Futh?In regard to prices for articles of food, I know of no Illegal combination among the dealers, the prices being regulated by the natural laws of supply, demand uuu quality. Sixth?Many of the market buildings are certainly In a dilapidateil condition, some of them not having been re paired for many years (or If so very slightly), although we tiinl largo amounts of monev charged against certain market buildings for repairs which I have been unable to find. The ventilation through the markets Is generally good. Seventh?The Washington, West Washington and the Fulton Market buildings should be replaced by larger and firmer structures, more suitable for the various and con stantly increasing business, and such as would be able to ueeoinniodate nuicli of the surrounding trade, and thus relieve the streets and sidewalks, which are now so much occupied as to Impede anil inconvenience the public who may have occasion to visit these nccoasury institutions. Very respectfully. THOB. K. DEVOE, Superintendent of Markets. A.ndrkw II. (ihkku, Comptroller. A Plea for the I.reborcrs?Mimic an Sun days and Public Sessions. At the meeting of the Department of Public Parks on Tuesday last the following was proposed by Mr. Commissioner Thomas Fields and was made the special order for next meeting. Resolved, That the President of the Department ot Public Parka be and he is hereby reqtie?ted to take imme diate measures to acquire title to the land necessary for Jieroits uniformity In the wages paid by the various ! departments of the city government to laborers is dcslru hle ; therefore, be It Resolved, That the President of the Department ot Pub lic Parka he and he Is hereby requested to consult with i the heads of the other departments of the city and county government, with a view to the attainment ot sin h re sult, and urge upon them a unity ot action whereby lite ' same rate of wages to laborers shall be paid by each unit j every departincnt, Resolved, That In view of the expenses of living the ' stint of $2 .'si per day of eight hours Is but a (air remanent- | tion tor ordinary labor, skilled and other lubor to receive I is fieri'.with" transmitted), more particularly relating to the necessity of advertising In on Mir rge a number of dnllv and weekly papers, and Inetirrlnggio considerable an ex pense as might be implied In an over liberal construction of the law. I have deemed It judicious and courteous to Inform yon of my action herein, and state my desire to save such ex pense as may be within the bounds or the law. Respect fully, GEORUB M. VAN NORT, Commissioner of Public Works. The following is a copy of the communication Bent to the Corporation Counsel:? May 23 1fi72 To the Hon. Riciiard Q'Oormax, Counsel to the Corpora tion :? Rik?Upon reference to chapter 574, laws of 1871, thero appears to this department to tie a confusion ot expres sion with regard to the absolute number ot dally papers in which it is obligatory lor the department to advertise. A large number of works are being prepared for adver tisement for regulating, grading, sewering, paving. Ac., i (nine daily, he., and if the number of nineteen papers nine weekly and one olTkdal Journal) are all to advertise the same, the expenses will riot be Inconsiderable. While believing that all proper publicity should bo given to the transactions pf the departments of the cor poration, yet a nse of justice to the property owners Commissioner of Public Works. PAYMENTS BY COMPTROLLER. Comptroller Orccn yesterday paid the laborers on "big pipes" on the line of the work tho wages due to urn utb Mat Upiv uMUAUaoja aauw S T O K E S. Special Plea Submitted by Stokes' Counsel, the Nature of Which lie Declines to State to the Court. Crimination and Recrimination Between Counsel. Charges of Ring Influence All Around. Tli? Cnmo To Ho Hcisumed TliiN Morning. Agreeably to adjournment, ibe Court of Oyer anft Terminer, Judge Ingraliam on the bench, met at half-past ten o'clock yesterday morning, to take up again the ease of Edward S. Stokes, the alleged mur derer of James FiBk, Jr. As on the previous day tho court room was densely crowded, Stokes, who was present, being the cynosure of course of general ob servation. The proceedings wero characterized by the usual brevity, to get through with argu ment, but of somewhat different type, and, In fact, rather exciting In character, and for tho time belug distracting attention from the pris oner to the lively gladiatorial contest between tho opposing counsel. By direction or the Court, the Clerk called upon the prisoner to arise and plead to tho Indictment In the usual form. an orEvrNO noMnsriEi.t. Mr. McKeon, prisoner's counsel, Immediately arose, and, addressing the Court, said:?"May it please Your Honor I have a special plea to offer which I desire to file with tho Clerk of the Court." Judge Ingraham requested counsel to state tho contents of the plea. Mr. McKcon, In response, said that he did not know why there should be a difference between civil and crlmlnnl cases as to what the Court should know or pleadings, and he must decline to say what It contained. . ..... Judge Ingraham?The Court has a right to know Its contents. Mr. McKcon?I decline to read tt. (Sensation.) Judge Ingraham?You can do us you please about reading It. (Increased sensation.) District Attorney Garvin, entering tho lists, said:?May it please the Court, counsel In this case, when called upon to make a statement of tin* na ture of the plea to which ho lias Just referred, though requested by the Court to do so, calmly folds lus arms and promptly declines to do so. On the other hand, whenever counsel Tor the people liroposes to say anvthing, ho Immediately inter poses. He (Mr. McKeon) had In the earlier stages of the ease five other counsel to aid him, but these had got tired out and had left the case. This was a ! niost peculiar case and the murder a most strango 0tMi\?MoKeon (jumping up excitedly)?If the gen tleman wishes to try the case in the newspapers I nin prepared to meet luni. District Attorney Garvin, not heeding the Inter ruption, continued. Motions hud been made to quash the indictment, which wero denied, and seven other special pleas had been Mod. Six or those were demurred to, and the trial of the issue raised in the seventh lasted twelve days. Every thing had boon done for delay, and now when the priHoncr 1h asked to plead another special is offered. He did not object to bucIi a proceeding but did think it most, strange that counsel should r 'fuse to slate what it contained. He must say that bv pursuing this extraordinary course coun sel is trifling with the life of his client. When a inau like the prisoner conies Into Court, with his HANDS STAINED WITH I1I.OOD TO THE VEKY 8UOUL DKUS, he should try to place himself honostly before tho Court. Why docs he not let his case be Investi gated In the proper way? If he Is not guilty bit him say so. with regard to this new act on lot de lay it, would be Impossible to sa.v what action should be taken on a plea like this until its contents wero known, and the Court could see how bulky a docu ment it was. lie was amazed, astonished at tho course the gentleman was taking. He, too, had been a public officer, who honorably tilled the office 1 now hold. ??? THE I.EUAT. TILT C.llOWS 8ETUOTJS. Mr. McKeon (very excited and talking very ranldly) said he did not allow any man to talk to hiiniti such sort, of n way?to charge him with trifling with the life oi his client, lie al'lowed no man to dictate to him Ills duty. The words spoken were words of insolence, and more especially coming from such source would lie resent if. 11 did not?oino well fToin one who was the tool of the ituig, and who caused an Indictment to be found against josio Mansfield and the prisoner for conspiracy to defraud Mr. l'lsk and never dared bring the case to trial He. the tool of other men, talking of his trifling with the life of his client! The plea m''" mitted was prepared by other counsel. He took no credit for Its preparation. He had put It, In because lio deemed it bis dutv to his client to do so. It has been placed on flic, and no power except the power of the Court had the right to take it from tile. He had previously asked for delay to consnlt with counsel, and it had been denied bini. The District Attorney could read it, and then put In u demurrer on Issue. He would then lie ready to go on. He would not allow anv one to talk to him about trilling with the life or Ids client. He had been too long in the courts not to know his duty, lie never took up the side of a case he did not bellevo had a good defence. He was no hireling. Again he would tell the District Attorney that he would not allow Dim to charge hint with trilling with the lilo or his client. If the District Attorney wished to make A PERSONAL MATTER OE IT lie was at liberty to do so. (Profound sensation.) Judge Ingraham?As to the paper submitted?? District Attorney Garvin?Before flic Court? Judge Ingraham?There has been too much per sonal matter Indulged In between counsel, and It must stop. If the document is a pica Hi abatement It is not enough. Mr. McKeon?It Is not such a plon. . . Judge Ingraham explained why ho asked Mr, McKeon what the nature of Ids plea was, saying ? It was a plea in abatement It should not be llled; ir a plea of confession and avoidance, l?. was a proper plea. Ho added that in Ills long experience this wus the llrst time when counsel refused to state the substance of a plea. Mr. McKeon sntd It was a plea In bar, and lie supposed lie had a right to put it in. Judge ingraham said he had a right to do so. District Attorney Garvin, who had been anxlonslj waiting an opportunity to put in a rejoinder to Mr. McKeon, now had his chance and started to Improve it:?"Why <loes this gentleman, the de fendant, of the Ring, make charges against the Ring while he himself carries the money in his pocket for their defence?" (A loud Htamp ng oI feet greeted these opening words of the District A Judge1 ingraliam put a speedy estoppel on the sneer li and the stamping. He told the officers ot the Court toscatter themselves about the room, ami if auy was found stamping or applauding to arrest him at once and bring him before him. Mr. McKeon remarked that the demonstrations WI) is t ri ct A "to in e y Garvin now took the document in dispute and said it was lengthy and required ex "tft'Xme further talk, but In a subdued and business like tone, It was decided to givi the 's tried Attorney tin this morning to exarul e the dociJ luent, and the Court adjourned to this morning. .Stokes' Special Pica. The points of Stokes' special plea can be briefly summarized. It sets forth In tho first place that tho indictment was found by a Grand Jury at a certain term. The second point is that Stokes pleaded a seventh plea In which he averred that tho Indict ment was found by a Grand Jury not properly and moRi v constituted. A third point is that a reply to this plea was submitted on behalf of the people and that the defendant Jolnedlssueonthlspca, and as MS asrinjsrx." sfi-jsjj; ??i\t?ii that there was no demurrer to any of tho tto W <">" ?????? of the defciidaut. THE FATAL SHOOTING OF KIERNAN. ^ Pntrlck Klernan, the youth of only nineteen years, whose dangerous condition from the effect* of a pistol shot wound of the neck, at the hands of Christian Cordes, who keeps a liquor store at No. oil Greenwich street, has been heretofore an announced In the IIkbald, died on Wednesday evening In liellevue Hospital. Coroner llemnan has been notlfled and will take charge of the case. The Inquest will be held on Monday next. RE-ELECTION OF A PILOT COMMISSIONER. A special mooting of the Chamber of Commerce was held yesterday afternoon, for the purpose of electing a Pilot Commissioner In place of George \V. lllunt, whose term expired yesterday. Ex Mayor opdyke occupied tho chair, and secretary Wtisou acted as teller. About twenty-live votes were cast, and a count showed that they were all for the veteran lllunt, who has held the position for several terms. Mr. lllunt was formally declared the choice of the Chamber and an adiouruineut at ftlU'at itltAAUa,