OCR Interpretation


The New York herald. [volume] (New York [N.Y.]) 1840-1920, July 18, 1872, Image 3

Image and text provided by Library of Congress, Washington, DC

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83030313/1872-07-18/ed-1/seq-3/

What is OCR?


Thumbnail for

(T ^ ^
OOPABniBIHIPfl.
^ , J<VfiViiW?-'vri i* * - "
VTBW YORK, JULT U, U71-WB HAVE TBIB DA*
PI lorima a copartnership under the firm name of
IatoajBaky I Troop.Tor the purpose of carrying on the
SS&ss of wholesale liquor^c^r^'70 jgQMggt
CHARLES A. TBOUP.
VTOTICE 18 HEREBY GIVEN TO ALL CONCERNED
Jl that the copartnership heretofore existing under the
Arm aauie of Emanuel A lunch U this day dissolved by
mutual cou?ent; Joseph Emanuel to settle all outstanding
liabilities and collect all debts due the linn.
Paled Njtw Yo?*. July 17, 1872
BIEGlfUND HIR8CQ,
JOSEPH EMANUEL, M Vesey street
mHE COPARTNERSHIP HERETOFORE EXISTING
J. between the undersigned under the firm no me or C.
T.kW.O. Oickel has been thi* day dissolved by mutual
I.U1UCU?. TT UliaUJ v.. 1IH.-&CI UUUV T? 114 i L?.?' . |
tbc basinets of tbe late firm, and will act tic all outstanding
matters connected there with.
C. F. DICKEL.
Jon* 18, 1871 WILLIAM 0. DICKEL.
BlISHBMOFWR^inTMS.
A?ADDITIONAlTcAPn'AL PROCURED FOR MER
chants, manufacturers and others. Person witb
capital seeking business ad v I ted of an proved opportunities.
Rolereuces?Howard. Banger A Co . lancy goods, MB
Chambers street ; Mulford i SnraKue.hardware.W Chamber*
street, Ac. GRIOOH, CARLETON A CO., Financial
and Business Agents, 88 Broadway.
AN ACTIVE MAN WANTED?WHO HAH MM CASH,
to engage in a light and pcriuuncnt business; uo
risk; payment good. Apply to HOWE A CO., 2iM Broad
way.
Ant gentleman havino a little capital
and fond of travelling can hear of an extraordinary
opportunity fur making money by applying at 100 Broadway,
room 14.
Alive man, with ?soo, can make $3,000 as
partner and ticket agent for a renowned exhibition
bow travelling. HARDINGK. Fourth avenue, near Uixtyseeped
street, name on door.
A PARTNER WANTED-TO WORK A FLAGSTONE
qnarrv in Pennsylvania: i rafticnl man with capital
required. PEIBSON A BTKTTMAN, East Strondflburg, Pa.
A PARTNER WANTED?WITH 8500, IN A MANUPACtarlng
business; profits over 200 por cent; sales cash;
parties having lull control. Address BROKER, Ueruld
office.
A PARTNER WANTED - WTTH A CAPITAL OF
only $300, In an unusuully gcod paying business; will
^lOOweekly; single man preierred. Inquire at Sid
A PARTNER WANTKD?WITH $S00, IN A CASH
manufacturing business withont risk; ready sales;
aulck ri turns; his share of profits t4U to $(W weekly. Adress
C. MOKB1SON, Herald oltlce.
First class storage m:siness of nine yeabs>
standing for sule; \\ill <ake part payment in real estate.
Address C., b?x 172 Herald oftlce.
First class cigar stand and fixtures to
let at RANDOLPH'S, Hi Hroadway.__
T>1BT?IPP WAVTOL.IUV MAKR M.W3 P?R YKAK
r from investing $5,ix*>, or proportionally upon lurrer
or smaller amount, with party in lumber business. Address
ASH, Herald office.
PARTNER WANTED?IN A DININO SALOON,
doing a good paying business, In a good location, or
would sell. Address X. Y. Z., lterulil oftlcc.
PARTNER WANTED?WITn $600, TO JOIN IN
establishing n (list class, sound agency; profits will
t>o immediate and immense. Address SliIPPINO, box
?7 Herald otlicc.
Rare chance.-hook stand and theatre
Tlcfcct office for sale to the most prominent hotel In
the city. Oood reasons for selling. Innulrc at 200 Broadway,
room 8. WOOD A MARCH.
r|K) TAILORS AND OTHERS.?A FIRST RATE CHANCE
X present? Itself for a merchant tailor or a good cutter
having small capital, who can have an established Tailoring
and nothing Business of U0,C(Dto$10,t'00 per annum
for a nominal price; store well located; rent low; 98,000
to $5,000 per annum can be made, further particulars at
Interview. Address MERCHANT TAILOR, Herald office.
WANTED-A PARTNER. WITH $14,000 TO INVEST IN
a sate business, already in successful operation; references
given and required. Address 2. Y.. box 3,634 Post
office, appointing time and p!ace of interview.
WANTED-A PARTNER7wiTH $180 TO $300, IN A
money making business. Inquire at .'Oi West 44th
at, In the stoic.
"II/-ANTED?AN ACTIVE PARTNER, WITH SOME
VT capital, by a manufacturing chemist Add rets O.
D., II era Id office.
WANTED-$W0, FOR WlIIClF ANY GENTLEMAN
can have one-liall Interest in a hucccbsIuI performwhlrh
ho ran rn.alixn Aft (UK) In ftlO.rOO in two or
three months. Tlio Investor can perhaps act as treasurer.
Address EiSPERANCK, box 161 IJcralil olTlco.
WANTED?TO~INVEST FBOM $500 TO $\000 IN AN
established paying bu.'lness thai will bear strict examination.
Address, with lull particulars, li. HARPEB,
Herald oftlce.
ANTED?A PARTNER, WHO CAN I'TJRNISH
>20,000 to $50.0(10, tn a legitimate and honorable business,
ftoin wliich he enn realize In a short time very large
profits. Address L. Q. K., Herald office.
A r A WTLL PURCHASE A MANUFACTURING
q)UU business from which 920 per week can be mode;
profit 100 per cent; article very salablo to grocers. Adcita
YObNO, Herald otticc.
(.inn WILL PURCHA8E THE INTEREST OF A
fWU retiring partner In a well established, good
paring business; will licur thorough investigation. Apply
it Wo. 4 West Konrtli street, rooml3.
A1 nnn -PARTNER WANTED, TO BALE
Cl.UUU. hay out In tho country; a fortune to the
right mail. Address or call at *4 Washington street. Hobjken.
feed store. It. K. BA6TELMANN.
<kof\ nnn ca8q keadt for an interest in
oHtaijlished remunerative business by an
entire, experienced man , no experiments with patents;
tote nature of business. Address box 1.13 suitlou a.
acn nnn to f 100.001.?an investment de^Pt^Vf.v/UW
sired lor tho above amount in a manufacturing
business; preferably the iron manufacture. Address
k. T., Hcraiy office.
HoA\ OPFICK8. '
"Tt 77 BLEECREK STREET, NEAR BROADWAY, UP
A stairs.?Highest cash adviinces on Diamonds,
Watches, Jewelry, Pianos, Ac... or bought Pawnbrokers'
Tickets bought at 77 Blcocker street
A T 80 NASSAU STREET, BETWEEN PULTON AND
A John streets?NEWMAN LEOPOLD continues the
buying, selllns or advancing en Diamonds, Watches, Jew
lor, Pianos, Merchandise, Life Policies, lor any amount.
4 t WOLF BROTHERS', 8!W BROADWAY, BETWEEN
_/Y Nineteenth and Twentieth streets?Money loaned on
DUinoiulg, Watches, Jewelry, Silverware, Silks; particularly
Pianos; private parlor for ladies. Business strictly
confidential.
a t 716 BROADWAY.?THE HIGHEST PRICE PAID
Jx Tor Diamonds, Watches, Jewelry, Camel's Hair
Shawls, Bilks, Pianos, Ac.; also Money liberally advanced
on the samo. Private ottlce. No. 1 Washington place.
ATnYMAN'8, 719 BROADWAY?LIBERAL ADVANCE8
' made on Diamonds mid Wntchcs, Silverware, tic., or
will pay the highest market price lor the same.
AT THE OLD ESTABLISHED OFFIOE, G6 NASSAU
A street, von can obtaiu literal advances on Diamond*,
Watches, Silverware. Ac., or will purchase them at their
utmost valuation. A. HONIQMAN, Broker.
American office?$7j>,a?: established isw.Any
amount loaned on fine Dlamodr.s, Watches, Jewelry,
Silverware, Camel's Hair Shawls, Laces, Valuables,
Ac., or will huy ; extraordinary i.riccf paid.
J. II. BARRINuER, 735 Broadway, opposite Astor place.
At 67 thirteenth street, near broadway.?
I pay tlio highest prlco for Diamonds, Watches,
Jewelry, Ac., or advance on the same. 181 ACS,
Diamond Broker, 67 Thirteenth street, near Broad way.
QQ NASSAU STREET, OPPOSITE POST OFFICE.?
0?7 Liberal advances made on Diamonds, Watches,
Jewelrv and all kinds ol Merchmidl?o. The same bought
and sold. 11 W.MAN LEO 1 'OLD.jroomT
A /\Q SIXTH AVENUE, BETWEEN TWENTY-FOCRTn
TUu and Twenty-fllt.li street*?Liberal advances
made on Diamonds, Wat? lies, Jewelry and all kinds of
(ioods. Same bought at full value. L. BERNARD.
CQC BROADWAY, COKNKR AMITY STREET.?
OOt> Money liberally advanced on Watches, Jewelry,
Diamonds and all other personal property. The same
bought and sold. M. ROSENBERG.
/?Q7 BROADWAY, CORNER OF FOURTH STREET.?
VtJ I Liberal advances on Diamonds, Watches, Jewelry,
Silks, Camels Hair Shawls, Laces and property of
gTor/ ac?cri|muii. r. iqai inavvn,
QA/I BROADWAY. OPPOSITE ELEVENTH STREET.?
C"v) Money liberally advanced on Diamonds, Watches,
Jewelry, Silks, Dry tiooiln, anil personal Property of every
description; private entrance for ladle*. J. A. JACKSON.
Q1Q BROADWAY.?MONET ADVANCED TO ANY
yiu amount on Diamonds, Watches, Jewelry, Silver,
Lace*. India .Shawls, Ao.; Niiue bought. Private office
for ladles. A. 0. HERTS.
1n/'7 BROADWAY, OVER HERALD BRANCH,
,&\) I room B, and ?18 Slith avenue.? Advance*
made on Diamonds, Watches, Jewelry; the same bought
and sold. A LINUO, formerly with llayuian Leopold.
MARBLE MASVELS. ~
A -TREMOVAll_fiLATE MANTELS, ORATES,' AC ?
A. Large and dopant stock at our new warerooius,
union square, corner oi Fourth avenue and Seventeenth
street. IENHIIYN SLATE COMPANY, niauulactiirers
?f every variety ol Slate work, piuln and ornamental.
AKLABER, STEAM MARBLE AND MAKBLEIZINO
. Works, 1M and 130 F.ast Eighteenth street.? Marble
and Marbleized Mantels, TiLinx, Murblo Counter*. Monuments,
at price* that defy eonipetltion. Marble Turning
(or the trade.
A?REMOVAL.?SLATE MANTELS, MARBLE MAN
tels, Wood Mantel*: Ihe tlnest as criment ever offered
in (his city, at our new and spa< lulls wnruromifc
Sb and ?3 West Twenty-third street. ? , . _ ?
T. b. stewart A cot
Plaster centre fieces, brackets and prdestuls,
elegant new dc*ii::i*; larce.t aw-ortmenl in
( e cit.v; lowest prices, Carefully packed and sent to all
part* oi ilie country.
r. HAND, 1,2*10 Broadway, corner Thirty-third ftrcot.
medic a l7 "
Attention.?twenty years'" Prussian hospluil
experience; private diseases succcssfUlly and
permanently cured without inejcury.
_ Dr. F KAN Mil N. lot Biocekor street.
T\R. AND MADAME PELDEN. 07 AMITY STREET ?
XJ ConMentiol and Juliul treatment; ladles visited at
borne. t'aJl or wrlto.
r\r KINO CURBd all DEMOATE diseases amd
JJ derangement*; one vtait pufflcicJit; ?oniultaUou
Mrictly private. 14 Amity street, near Kroailwiiy.
T ADIEH SPEEDILY CURED AND BUAEDED Dl'RINU
JU fi<-knew lij I>r and Mine. WliUT, incite*' PLiyilclaos,
Its Weat Twenty fltth Mreet.
MR8. WORCE8TER, rilYSIClAN. 119 CHARLES
?trect, between Wanliintfton nml Went?Ladles consult
her on all ailments. BoaiU, nursing, in I an U adopted,
til/mb. van buhkirk, physician aneTmidwifb.lu
Twenty-five yearj' puetinsful practieo. Private
l/las in CpDi^Vft*' free. 1M Enat fr/cn'O' clJ^ si
NJiW YORK
jirr" ~V"
-i i 11 n ' * " * - * ? - -- -- j- -- -la
tkl* Oltj mmtk bMUjra.
A FAMILY Of THBEE (HO CHILDREN) WANT A
A small Bouse or A Lower Part of house; rent not to
e?ce*3li8l per month. Ad drew H., box 114H?rald olBce.
TTTAHTBD?BY A YOUNO COUPLE, HALF OP AN
TV onnimisbed House, upper part, alt modern iraprovementiTbetween
Sixth and Eighth avenues, north uf Ttvcbyetp
w^et :^uue^tlvn?L 1|.^ neighborhood; price 9S0U to
TITAWBD tO EENT-?1IALL nOl'BE FOR MY FAMIW
Ty (Ibnr), in New York, ut 91,U00', or Brooklyn, MOO
to $600: or would buy suburban place and tiny all cash, If
told at sacritlco. Address BOOKKEEl'Elt, Vox 184 Herald
ofllco.
In the Conntrf.
Kotnolb gentleman desires COMFORTABLE
O Hooiu, wltli bath uttucbed, in a private, agrccuble.
'i>anttiit taiollo, at oat an Iiour from city ; tli<> place must
henlty ami no other boar<ler9 kent. Address P., box
144 Herald Uptown Branch office. !,&? Broadway
Wanted to rent-a farm of aboi t 100 acres,
is New Jersoy, within 1)1 hour of Now York;
healthy, under cultivation, complete for occupancy. Ail
drew ORESTES, lierald office.
UUilM.
A large ASSORTMENT OF NEW AND .SECOND
hand Billiard Table*; also Ball*, Cue*. Cloth and
everything appertaining to the huslucs*; Table* takcu on
storage. tJ EURO K 13. PI1ELAN, No. 7 Barclay street,
formerly of tlie firm of I'helan A Collender.
HW, COLLENDKR, INVENTOR AND PATENTEE
. of the celebrated " I'helan A Collondcr" ooniMnaHon
Cushion, beg* to inform tho public that, as prior to
the death or his partner, Mr. Michael I'helan, no ctlll
conduct* the manufacturing department of the business
under hi* personal supervision, and that,havtug purchased
the entire stock, machinery, copyright*, trademarks
ami lqttora patent of the late Arm, ho continue* (he business
In the same extensive manufactory. Thirty-sixth
street. Thirty-seventh street and Tenth avenue, and at
tho warerooin, 75f Broadway, at eltlier of which placos
he will be happy to meet customers for the transaction ol
now business ,or to sottio up the affairs of the old tlrrn.
Rcsroctfully, _ h. w. COLLENDER.
Tables op any design for $ioo and upwards ;
old Tablos cut down and made into bevels; call and
examine. w. It. GRIFFITH, ?0 Vesey street.
Dht* off TEA a.
uly off Tens.
Duty off Tea*.
Duty off Teas.
Dn.ln..)!.,.,
Sri'UI nvu WIIVII
reat Reduction
Great Reduction
Id prlc?
In prleo
In price
at all our Stores.
great amkkican tea company.
Ice saving:
Krauscli a l'fund's Icc House, well veutllatcd and economical
in consuming icc. A large numlxjr arc already In
uccesstul operation sinco two years. Tills invention Is
of high value to packing anil provision houses, n>iIk
depots, breweries, malthou.ses, hotels. Ac. For particulars
call on or aduresa J. KoENIGSBERU, General Afcunt,
22 Ouane street
tJLOTE A JANES,
O Stationers, Printers anil Blank Book Manufacturers,
'J8 Fulton street Blank Books mado to pattern.
BtllOPB.
THE QUEEN'S HOTEL, NEAR TI1E CRYSTAL l'AL,
acc, Upper Norwood. London.?'To tourists and families:?Its
elevated, pleasant anil most salubrious noxitioB,
combined with the comfort afforded and its general management,
have made the Queen's Hotel a favorite resort
of the upper ranks ot English society.
ASTROLOGY.
Madame rosa, great r< atural clairvoyant;
reveals your whole 1Kb, from the cradle to the gravo.
472 Canal Btrcct near Hudson. Pec $1.
PROFESSOR LISTER, (REAL) ASTROLOGER. 74 LEXlngton
avenue, near Twenty-sixth street Time of
birth wanted.
BOLD BURGLARIES.
The Receuity of Increasing (he Police
Foxce.
A number of thieves entered the premises of A.
3. Corwln 4 Co. at 1.138 Broadway the nlnlit before
last, and carried off property valued at about sixteen
thousand dollars. It appears tliat some time
before closing the store on Tuesday evening one of
the clerks In the employ of Mr. Corwln thought he
heard an unusual noise In the rear of the shop, nnd
at once conveyed his suspicions that thieves were
In the place to Mr. Corwln. The premises were
then thoroughly searched, but nobody was
found, and -Mr. Corwln, believing that everything
was secure, ordered the house to be closcd. At ten
o'clock the store was shut up, and every one employed
In it went home as usual. The policeman on
post passed the place several times during the ntght,
but nothing occurred to attract attention to it.
About a quarter past four o'clock in the morning,
however, Officer Martlnot, of the Twenty-ninth
precinct, noticed in express wagon driving
away from in front of the store, and, supposing
that something was wrong, be immediately hurried
to the place. The officer found the door open
and the goods in the store thrown around
in the greatest confusion, lie despatched
a messenger to the residence of Mr.
Corwln, and that gentleman Arrived at the store
some time after, upon investigating the stoc-K it
was discovered that 60,000 cigars in uox< s, valued
at from $14,000 to $lfl,ooo, and $100 in money had
been carried off. Thrown carelessly behind the
UUUID UUIUUI Jliai UIIUI* Juuuu u,u*?v U^UIO VUV
thieves had left behind them, probably because the
wagon was too much loaded to carry tlicin. It is supposed,
troiu the appearance of the place, thetlilevcs
must nave secrcted themselves In the store during
the day, and as soon as the people belonging to the
shop had gone away weut to work. That there
were several of thctn there can be no doubt, as the
robbery could not have been so quickly and secretly
done by one or even two meu. The lollowing is a
list of the brands of the stolen cigars:?"Klor del
Fumar," "Conchas," "Monte Chrisfo," "Londresf,"
"Deslgnio Coronea," "Deslgnio Uritanulca," "Arquilles,
Non Tlus Ultra:" "Islenlta de Cuba,"
"Londres do Cirto," "Henry Clay, Non l'lus Ultra,"
and "Kegalia Especiulos."
On the eth Instant a man and woman calling
themselves Mr. and Mrs. James applied to a Mrs.
Hardy, at 504 Broome street, for board. They wero
rentea a room In the house, and continued to live
tlfere up to yesterday morning, when two men
called at the house to see them. The .lames family
seemed delighted to meet the new comer* and sent
out lor some whiskey. Mrs. Hardy and her servant
were asked to partake. They accepted the
Invitation. While enjoying them&v .ves in the
parlor the two strange men Jumped from
their seats, bound and gagged Mrs. Hardy
and the servant, and then the four friends sacked
the house. Tliey found a quantity of Jewelrv and
Sersonal property, valued at about two thousand
ollars, which thev carried oil, and no clue has yet
been obtained to tnclr identity or whereabouts.
A couple of thieves went into the residence of
Dr. Palmer, at No. 316 East Fifteenth street, the
night before last, and succeeded In escaping with
property valued at $600.
Tho number of robberies of this description that
occur every day bear strong testimony to the
necessity or the adoption of Mayor Hall's recommendation
regarding the police torceof the Metropolis.
The number or men at present in the department
Is entirely too small tor the work that is
expected of them, and the Mayor's suggestion to
Increase the foroe is the result of a careful etudy
of the wants of the department. Nothing can
bo easier for thieves tlian to break into a
store or a private resldenco as things now stand,
for the reason that the policc arc obliged to cover
60 much ground. There are numbers of posts that
extend to from two to three miles long, aud while
the patrolman Is at one end of the post the thieves
havo plenty or time to get Into a building. Of '
course they put a watch upon the movements of ;
the policeman, and this watch Informs them of the i
approach or the olHcer. The work In 1
tuo store Is then stopped until the I
policeman passes l>y, and us soon as it is anno.mccd
he Is out ol hearing distance the booty la
carrie-l off. This could not be the case If the nosts
of duty were shorter, and their length can only he
reduced by an increase o( the force. It is to be
hoped the recommendation of the Mayor will bo
acted upon; lor fiese robberies arc only ono of the
minor evils the city is laboring under from flio
want of a sufficient number of men to take proper
care oi the Uvea and properly of the people.
OBITUARY.
Richard Frcncti.
lUcliard French, proprietor of French's ITotel,
New York, died yesterday forenoon at Ills temporary
residence, in Kichfield Springs. He was sixtythree
years or age, and had occn invalided by illness,
more or less severe, during a considerable
period or time just past. Mr. French was a very
well known citizen or New York, lie paid anxious
and careful attention to the development of onr
State system of militia organization, a fact which
was duly appreciated by his fellow soldiers and
brother officers, who elevated him, some years tilnce,
by vote to the colonelcy of the Twelfth regiment,
National Guard, a command which he administered
for a time. lie was verv succcssful as a host, and
rendered the hotel wfilch bears his name very
widely and favorably known.
TBIED BT A JOBT OF HIS PEERS.
Something new in the way of Juries has Just been
witnessed Id Newark. One William IJenry Parker,
a colored Beau nrammell, was arrested some days
ago nor deserting nu wire and family. To try ,tbc
there wan auiamoncd a jury of colored men, him
first colored Jury ever panelled in Newark, it consisted
of Peter O'Fuke, M imam A. Neal, Abram T.
Cook, George noaevllle, James P. Wtstcomb, Joha
8. Jackson, John Taj lor, Hamnel J. Herry, Henry
Jackson and James 11. Edwards. O'Pnke Is well
known and greatly respected among the white people
of tho community where he resides. The jury
as a whole wore Intelligent and discriminating.
After a tall hearing 0/ tne evidence and counsel on
both aides a verdict waa rendered adverse to
Parker, who will have td take core of nie/aimiy.
HERALD, THURSDAY, JT
THE TAB1AM TRIALST
Arguments Continued in the Tweed
and Connolly Suits*
Why the Corporation Does
Not Prosecute.
The Six Million Dollars, if Recovered,
Will Go Into the State Treasury.
MR. TILCEN'S VIEWS.
The Case of Thomas 0. Fields
Taken Up by the Court.
MR. BEACH'S BANISHMENT PROGRAMME.
His Client Acted Merely as an Attorney
for the Firemen.
?
Ai.nany, July 17,1873.
On the reassembling of the extraordinary term of
the Supremo Court this morning Mr. O'conor resumed
bis argument, lie held that it was a lalso
issuo winch had arisen between themselves and
the defendants. Though tno Hoard of Supervisors
may be a corporation, it Is not such a corporation
ns exists in tne several counties of the Stale. All
the corpora'ions of New York are now wrapped up
in what is known as the city charter, under the
head of department*. One portion of our argument
yesterday, and which the other tide at tempted
to controvert, was t!?fc question relative to the property
held by the Hoard of Supervisors as a corporate
body. The truth Is they held no property
which they controlled so as-to dispose of by sale or
otherwise. The counsel on the other sido cited in
their brief, to prove the validity of the Board of
Supervisors as a corporate body, the fact that tho
Court House was county property; and Mr. O'Conor
referred this Court to the opinion of Judge Leonard,
in 40 Barbour, page 314, where the story or its possession
by the couuty Is very truthfully told, and
how it was accomplished through legislative enactment
for certain purposes. Vet he denied the
right of the Board of Supervisors to sell this or buy
other public institutions. It w:<8 strange that the
Mayor took no action toward redress for
the numerous frauds commuted against the
people until proceedings were instituted by the Attorney
General. He referred to an opinion of Judge
Bronson for a distinction between the Supervisors
and Mavor and Commonaltv. tn which that Judire
holds that neither body had a right to levy a tax,
either special or general, without direct legislative
authorization. lie quoted other authorities to sustain
the argument. lie also cited other authorities
to show that
TUB BOARD OF SUPERVISORS
of New York was not sneable for debts; they sat as
a judicial tribunal to pass upon claims, and when
allowed to levy a tax to liquidate claims exhausted
their powers. Hnpposlug that our theory
is correct, that the tax payers and commonalty of
New York cannot sue tiro county to recover, to
whom does the right belong? Why, to the state,
through its representative, the Attorney General.
Indictments for crimes and misdemeanors
constitute one large class of illustrations.
Pills to restrain and prevent public measures
afforded another. Actions against public oillccrs
and pubBc corporations for breach of trust or
neglect of dnty, another. Instances might be
adduced ad infinitum, but this plain proposition is
denied, and even if the right of nctiou he in the
State, it is contended that the phraseology adopted
by the provision of 1j<30, on codifying the common
law as to the duties of the Attorney General, has
so restricted the powers of that officer that
he cannot prosecute for such grievances as
wo mentioned in the complaint. A very
able answer to the defendants on both grounds may
be found in the opinion of Judge liner in 1'avis vs.
The Mayor, Ac., In U. Duel's Reports which
very deafly defines the powers atiu duties of the
Attorney General under the provisions of the
statute which makes It the duty of that oillcer to
prosecute and defend all actions, on the event of
wlileh the people ol the Htate shall t>c interested.
In other words, in all such actions he is made a
necessary party. From what has transpired In
this case they say that no judge could i>e found who
could decide the question argued; that no judge |
who was versed in the proceedings of the case had
indicated the possibility of a doubt relative to the
rights of the state in the case. U is true
J096K LBAftKBO HM1TATKD
on a decision; yet .Judge llogeboom, who acted
upon his determination made, u.ter hearing tno argument,
rendered a decision unhesitatingly; but
Judge Liogebooin had rendered decision previously
on the same subject, which was refilling thai
the Attorney General enjoyed the right to prosecute
In the Interest ol an aggrieved people. Admit ting
that the Mayor and Commonalty v.ere the proper
parties to tine, we lioid that they failed in their
duty, and are found in collusion with these men:
and the State has the right to interfere and uttempt
to get the money back, and have it applied
to the purposes for which it was
intended. Ho claimed that the State had
the same jurisdiction to interfere in tins ease
that it had it the agent or trustee ol a subordinate
corporation hnd undertaken to use Urondway lor
public purposes. This question is asked:?If the
state gets tills money, what will it do with it f llo i
thought that Judge Hogeboom decided that when 1
he asked what would the Board 0! Supervisors do
with it. In ease llu-y recovered it they had no I
more right to dispose of it than he luid. In ca*c
the State recoveiecl it, it would j-o into the
Treasury as money unappropriated, it could not i
be paid back to the taxpayers, it goes into the j
hands of the supremo power, there to remain
until the Legislature, h.v enactment, j
slmll devise how and by what means It I
should bo disposed of in a manner aproxiniate
with Justice. lie here said ne would submit
the case, claiming that he had the right to argue
the question "without entering into any stipulation
with the defendant, and he hoped that the Court
would render a decision 011 the <[ueBtion ut issue
without delay, and let the peop'e 01 this great Statu
know who are the defendants 111 Hue case.
AROVMKNT BY SAMUEL J. TlI XtliN.
Mr. O'Coi.or was followed by Mr. ':unitiel J. Tilden.
Alter referring to the manner in which he
had hcen introduced to the case, Mr. Tiliicn inqnir
cu.? ?i m> "in jMwiiun- omw ui iivmr l-illi.r >
Hoard ol .^n per visors? Wheie are they to get
bik'H authority? whore derive t-ueh commission?
Apain, who is the rarty injured? It is
the people, and therefore upon the representative
of the pe ople, the Attorney General, devolves
the duty to prosemtc." He cited from several authorities
on the equity of Jurisprudence In answer
to the argument on the bruf of Mr. Curtis, the principal
object ot which wan to establish the duties of ,
the Attorney Genetal.
Mr. Fields interrupted Mr. Tilden during ids citations
by tiic inquiry whether the case which he
cited was an action of law to recover money for the
Crown, or whether it was a case of equity, and
whether this case was one of equity ?
Mr. O'Conor answered that this was on" for the '
recovery of money, which in England wouid !>e a
case of equity.
Mr. Tilden continued by savin?, in all ens s of
equity there is a decree to pay back the money, and
inrmiated that the counsel on the other side exhibited
bad taste by attemptii.g at this 'ate day
to endang'-r the case of defendants by making the
Interrogation whether the ease was ?>ne of
LAW OH EQUITY.
Mr. Fields ashed Mr. Tilden if ho couM cite a suit
where the Crown ever recovered back money from
a trustee ?
Mr. 'J'llden replied that It is In Just such cases that
the Attorney lionet al :<teps in and acta for the peoplo.
The funds of New iork were raised by general
levy for the public benefit, and trtonld net havo
toeu misapplied, by donatiou or otherwise, by the
custodians 01 those funds. On concluding his Citations
he said he had very little to say in addition.
They embraced all that he desired to sav on the
?tic?tlon, which was that public trusts were subject
o suit for recovery by the Attorney General.
PV7iui<3iiTriXi m Tiir:< tt?? riti f?ui /<ur
Mr. Beach made a request to tnke up tlie Fields
ease lit tUo clone of Mr. rtlden'sargumeut to enable
ldm to proceed to wiratoga, where he has an engagement
In the Barnard oaco to-n.orrow, an<l the
Court, by tLo consent of the counsel, granted the
rennest.
when Mr. TUden concluded Mr. Beach took the
floor. lie said that thin case had heen presented
bo often and so fully that In his opinion it had loat
11? Interest. As far as his client, Mr. Fields, was
concerned, he was willing to leave It with the court
on the views he had already expressed, and
which views, he alleged, remained unanswered.
Whatever new views were presented at the present
Argument lie would, without fc.ir of denunciation
by tbo} opposing counsel, discuss the question at
Issue, and attempt to answer them, lie did not
d*ny that enormous frau^ had be$o committed
7LY 18, 1872.?WITH 8UPP
m 1 "
against the city and county of Sew York and bad i
no word of palliation to offer In defence of the pet- u
petrators. He wonld go as for as t|xe next man to
BAM18U TUB 0FFENDKK8J
and If his own client was one he wonld hand him
over to the courts for punishment Lie denied th6 >
ngui ui vuo Keiiueiuun wuo appeareu lor iii? prows- i
cation to arraign these defendants as the guilty
ones and hold them up to public ridicule. The
prosecution deny the rlgnts of the taxpayers to sue
Iu their own behalf, and assert that the only
proper person to jue was the AttorneyGeneral
of the State; that bondholders have
no ground for action to recover tor bowls issued, '
that the faith of the people has been pledged for
the redemption of these bonds. Tne people possess
the right of action to recover. To-day we hear
nothing about the extiuction ol N?w York, but that
the taxpayers of New York are the owners of this
fund, and as they cannot, lnaiiitalu an action to
recover, the Attorney General, the reureBeniative
of the people, must restore the fund
to its proper owners. If this theory is true there
is no escape for us; but If we can snow by slmplo
statute that the county of New York possesses
the rlnht to sue and recover, what becomes of this
theory of the prosecution ? The liist volume of
It. and 8., page uc, declares the several counties of
the State. At pago Stt the statute dc-lincs
the power of the counties and the charactcr
they arc to maintain as corporate n
bodies, (arable of suing and being sued, of r
holding ami transmitting property. lie therefore, .
held that the l oard of Supervisors was no more 11
(he corporation of New York than was the presl- ti
dent of a bank, or even its directors the bank cor- a
poratlon Itself. Page 38t> of the same statute savs
that whenever any troublo arl.se3 between the 0
county and auy Individual or Individuals, r
tho county has the right to sue and re- a
cover tho same as individuals. To whom,
he would ask, Old this fund belong?
Will the counsel on the other side deny that this
money raised by the Hoard of Supervisors was not r
county property v Should this money be recovered
by the State it will go into the Stat J fund for tho K
benefit of the people at largo. If the county Is per- fl
mltted to recover, as It has the statutory right to t
do, it will go into the County Treasury, where it t
legitimately belongs. Because the Board of Audit c
was created by Legislative statute It is held that the li
members thereof are state oillccrs. With the same
propriety It cau be asserted that because tho directors
oi the Hudson River Railroad are creatcd v
by statute that they also are State olllc -rs, and t
that the State can matniain an action against a n
rip.fnnltincr momhor fnr tho rftimvorv nf mniii>v mi a
appropriated. He dented nnv such right bv the n
State or its representative, the Attorney General.
As to the right of the Attorney General i,
of England to maintain an action to recover trusts,
lie would way that the counsel on the other side "
have gone one step too far when they attempt to S
make the attorney generals of England and New n
York analogous". The Sovereign Is th-: fountain or
power In England, but the people Is the fountain 1
in this country. True, the Attorney General repre- i
sents the people, but where Is the authority for Ihe |
Attorney General to act in this case ?
THE PEOPLE OF THK htaTH '
arc not interested: it is the people of Now York 1
alone. Give hini this power and you place hint In a <
position by which lie will control tne State and
sway an Influence not enjoyed by the Governor of '
the State or the President oi the United Mates, i
Why dues the Governor pervert his oittce and con- t
vene the court nn<i carry business out of us ordinary
channel 1 In my opinion it Is apparent 1
It Is to forestall action to prevent the
cases going to a speedy trial. This c
movement originated from political policy and
necessity. It has accomplished Its result ami cast 1
Hiiiiiiniensc lnduenco over tbe political workings t
of the State; but when the legal objects arc con- ,
Sid' red he believed that the good intended was
sadly perverted. We have struggled to bring the 1
case to trial that the question might be decided, but n
thus far have (ailed. We now hope that the careful f
deliberations of your honors will be calm and your
Judgment decisive.
Recess till lour P. M. * C
Afternoon Session. li
At the afternoon session Mr. Hale presented to s
the Const a brief, forwarded by Mr. O'Gorman, Corporation
Counsel, and it was acquiesced in by Mr.
Curtis and Mr. i'ortcr. his associates. t
Mr. Beach then continued his argument. He c
detailed the case of Thomas C. l'lclds. He denied
the allegation that Fields recclvcd the moneys
through lraud. He acted under, and 8
by virtue or, an ac? of the Legis- t
lature. Ho was tho attorney of the firemen, t
and for his services he received the money. Counsel
therefore claimed there was no oause of action. ;
Mr. Beach proceeded at length, repeating mainly n
mi" urpiiuiL'Lii.^ niiiue iu uu' cu.-u* oeiorc. t
Mr. w. II. Peckham, 01 couubcI for the people, fol- {
lowed, controverting the argument of Mr. lJcncli, t
when the Court adiourned nuill to morrow morn- ,
lug- t
FAT RENDERING STOPPED. t
? ? i
A Crusade Agalnat Filth All Over the I
City?The Health OlUccvs to be Pnt In J
XiiMorm ? Sleeting off the Board of j
lieu 1th.
At the regular mcetinff of the Roard of Ucaltb, j
held yesterday afternoon, a report upon tlie condition
oftlie fat-rendering establishment of Smith Ely,
Jr., In East Korty-ilfth street, was read. The In- 1
spector w ho had examined the place describes it
as cxtrefcely offensive and dangerous to
health, and the board revoked the permit
which had been granted him to carry on ,
the business. A report was also handed In npon <
the condition of the premises of the Hatchers' Fat- J
Melting Association, but they were found In u y
comparatively healthy stale, with the exception f
that the floors of the houses wanted more freciuent !
disinlei tion. This the board ordered to be done.
Commissioner (iross sent In a report upon the dls- 1
infection ol streets, which showed that flity one '
and a half miles or street gutters had been put in
a healthy condition during the past week, ,
at a cost of ti73 76. The eutirc expense 1
of disinfecting street gntters during the present
Beaton amounts to ?715 12. The work la to bt continued,
under the supervision of Mr. Cross, until
the warm weather is over. A report was received
from the City Sanitary Inspector upon the dangerous
condition of piers 2, 3 and 4 East Klvcr,
which was sent to tlic .Sanitary Committee and a
copy ordered to be forwarded to the Department ,
of Mocks. The manure dumping groundB between
4i"> and 4fi East Klvcr were again brought beforo
the notice of the board because of their
fllth.v and unhealthy state. The poor people In the
neighborhood complain bitterly of the nuisance,
but the offending parties preteud to say there Is
no remedy for them. The .Jloaid ordered suits to
be commenced against the dumpers, Toby and
Jtuoth: ami (iambie and McNeal sent in communications
respecting their fnt-rendcriug establishments.
These papers were placed on flic upon motion of
Commissioner ilenry Smith, who said those
Mnces arc as bad to-dav as thev were three
years 11*0, unci the only tiling to be done
with theiu was to root tliern out altogether. A man :
named Bliss, who sent the papers in, apologized to
the hoard for some offensive remarks he made
winic presenting these documents to the board at J
its lunt meeting. Commissioner Manierre moved \
tliut all the oillccrs In the employ of the board be !
in future compelled to wear a uniform, the style of
which shall be designated by the board. The matter
was referred to the Panitary Committee. J
The following is a comparative statement of eon- ,
tagious diseases 1 cported for the two weeks ending
Jufy c and July 13, 187^:?
Fextrt. ???, j
Tuphui, Juiihirid. ftcnrlct. Mttule.?. Dipth'a. Kntaltmix. ,
July a... 0 11 49 W 7 21 ,
July 13... 1 8 34 29 7 32 j
NEW YORK CITY. \
John Wflldron, thirty nine years of ago, no home, p
was found in Twenty-eighth street, near First avc- t
nne, yesterday morning by the police, with his head
cut. "lie wassail to Bellevue Hospital.
a
Alice Ann Thompson, eighteen years of age, of 1C5
Illeecker street, attempted to commit suicide yesterdnv
by taking a dose of oil 01 cloves. She was
attended by Dr. Wlute and sent to Bellevue Hospital.
John Malony, an Irish laborer, who lived at 301
First avenue, was killed by falling from the building
37 Broad street. The body was taken to the First
precinct station house, and Coroner Keenan not Hitd
to hold an inquest. There arc several witnesses to
the occurrence.
Coroner Kccuan was yesterday callcd to C6
Ilnyard street, to hold an Inquest on the body of
llachcl Bnzilskcy, a little girl, eight years old, who
fell from the roof of the three story honse to the
puvciuent. and died soon afterwards from the
effects of tbc injuries received.
Michael Short, forty years of a?fe, of 15 Wlllctt
street, was shot In the knee on the corner of
Broome and Willett streets, vesterdav. lie wns at
tended to at the station house by Dr. White, and '
went home. He *aid the shooting wan accidental, |
and would not make a complaint against the party .
who hurt hiiu. |
Yesterday morning Henry Shaw, fifty years of t
ago and born In Ireland, In the employ .of Messrs. j
A. T. Stewart A Co., while engaged laying a carpet
at 34 (irea? Jones street, was taken suddenly ill and
expired la a few moments afterward*. Disease of
the hesrt t.' thought to have been the cause of
death. Deceased lived at Oreenpolnt, L. 1., where
he has left a lamily. Coroner Rccnan was uotltle'J.
Richard Berrlan, of No. 846 Dean street, Brooklyn,
was riding on the front platform of the South street
cars yesterday afternoon, about five o'clock, when
he felt a tag at his watch chain. Mr. Berrian
turned suddenly around and saw a man Jump
pir and run down the street. lie followed
him till he secured his arrest. Go the prisoner was
found Mr. Berrlan's watch, valued at $ioo. He was
brousrht before Judge Scott at Essex Market Court,
and had coulidenoc enough to protest that he was
innocent. Judge Scott held lilm for trial In default
oi $1,000 bull.
LEMENT*
UDOE BARNARD'S TRIAL
rhe Court of Impeachment
at Saratoga.
'ERST DAY'S PROCEEDINGS.
n Adjournment to To-Day?Leading Counsel
Absent?Judge Barnard Bad with Gout?
Sketch of the Court?The Arguments
on Both Bidet.
Saratoga, July 17,1872.
It wna a liappy thought of the grand combination
f state dignitaries railed the Court of Impeachlent
to hold their sittings at Saratoga during the
acing and fashionable season, and give tho first
ouch of historic consequence to the bran new
i>wn hall there. They met tills morning punctually
t ten o'gock, as punctually organized, took the
aths, refused to brook delay, and are ready to go
Ight on with the month or six weeks of argument
,nd cross-examination devolving upon them.
8CKNB AT Tit8 TOWN HAM. OF SARATOOA.
It was Mr. Thomaa O. Alvord?one of the most cx crlenced
and able State legislators New York possesses?vrlio
moved Saratoga as tho spot lor the
ilttings of this Court, and his motion provalled,
hough 8omo Senators wanted New York city to he
he spot and others demanded Long Tiranch, which
a outside the jurisdiction of the Kmplre State.
The people of Saratoga, who subsist and thrive
ery generally upon the decorous and obliging way
hey possess of welcoming strangers, had Just Unshed
a new town hall, and were anxious to liavo It
nnil (IhnllAirad M
Tliltlier, then, on this warm but showery mornug
tlie assembled wisdom of tho province of York
ssembles, washes up at tlie hotels, buzzes tlio
icnuto Clerk, Dayton, about tho matter of
idvanced and extra pay, aud Anally at the sharp
icur of ten advances to tho Town Ilall aforesaid,
ivlilch Is a large, stanch and crcdltable brick
mlldlng, said to have cost $110,GC0. It Is midway
ip the village, and is known by Its good looking
>rlck tower, which upholds tho four dials of an
Humiliated clock. Within, it shows a roomy baso
ncnt, divided by an aisle Into the county offices,
ind oaken stairways on either hand lead to the
lecond floor, much of which is taken up by a large
ind cool public hall. This is the room
WllERK THE COURT IS TO 8IT,
ind it has been especially prepared for the purpose
>y bringing hither from Albany a part of the furm;ure
of tlie Senate Chamber, including the rosevood
desks of Senators, the clerk's and reporters'
ablcs, and by bulldliii? up a couple of platiorras to
^commodate the presiding Lieutenant Governor
ind his as-istants.
You can conceive a large sriuare holl frescoed
rayly but stiffly, nearly environed by a stall or galfry
of a blue tint, and adorned at the end by a
toge and drop scene in the Claude or Wattoau
tyle, showing a lake, a green landscape and somo
rees and fixings?on tho whole effective and
iheerJhl.
The liall Is crossed, two-thirds of the way up, by
i railing, pierced with three wickets to lead up tho
hrec aisles, and here there are two long lows of
lomlortable, morocco-bottomed chairs and rosevood
desks; cachone closed up by the tables of the
ittorneys for the Impeached Judge and that for the
nftnagcrs. Tlie managers sit on tho presiding ottl:er'B
leit l<an?l and the lawyers on his right. Tho
eu sets of tables are about forty feet apart, so
here is no room for fighting, although tho acouaics
are ho good that tnere Is
lion; FOR abi'ndant jawino.
A-rich UruRsels carpet covers all that third of tho
mil floor railed off for the Com t, and behind the
lieutenant Governor's pedestal are retiring rooms
or all pai ties concerned. The audicnco have combitablo
red-padded chairs, as aforesaid, and the
lewspaper reporters arc mercifully accommodated
Dcslde the open windows along the sides.
Plenty of law books and legislative documents lie
uround. In snort, ilie court ui inipeuciimcnt oi the
State of New York Is much better provided for than
the "flreat National Assize" at Washington city,
which wasted Bo much time, telegraphing, bullying
mid rhetoric to acquit Andrew Johnson four years
itgo.
TITB COURT OPENS.
At ton o'clock the gavel of Lieutenant Governor
Beach fell. Mr. Beach ii from Watertown; belt a
Handsome, portly and easy-inimnered man, a democrat,
a lawyer, and he has a good, sagacious face,
lljrnlty, decision, a prominent rnufttacho giving
character to his face, nark eyelashes and black hair
iombed forward above the ear*, lie has a fan as
veil as a gavel, and does more exercise with the
oriuer than the latter. At his side Is a young man,
lis secretary ami assistant, on the platform next
ieiow him are tho clerk. <1. K. Dayton, a tall,
)roni|)t, grayish, brown-haired gentleman of suili:ient
(rood appearance, and the tidy, blne-coatcd
>ei(feani at arms.
The roll Is called. One Judge out of eight?Peekliam,
of Albany?la ni)sent, and s'-ven Senators
out of thirty-two?Allen, Ames, Jacobs, l-'oater,
narrower, Johnson and Madden.
The Judges of Appeals are men of note to look at,
oml mauy of them men of years and almost venerable
aspect All are known to possess tho high
judicial character which comes from the Independence
or long terms yet long to run and freedom
from the mutations of frequent popular elections.
Die Senators are of a more mixed character, but
nome of these men have held fairly important positions
in public life. Sanforri K. Church is tho head
L?f the remnant of the Regency or rural democracy
jt the Rmpire Htate anil has several times been
named for the Presidency or the republic. James
h'olgar succeeded Dan ItuUerHeld as Assistant
rreasurer of the United Statea. T. O. Alvord haa
icon twice Lieutenant Governor. C. P. Vedder was
i Lieutenant Colonel In tlie war. H. C. Murphy has
:>een Mayor of Brooklyn and Minister to the Nethcrnnda.
0. T. Tiemann wan Mayor of New York at a
itormy political period. W. Wagner makes
lie noted drawing room and sleeping cars
>n the' Vauderbilt railroads. William Johnson
was a war colonel. James Wood was a war
>rlgadier. Four of the Court arc of foreign birth?
\ugustns Welssman, fierman; James O'Brien and
i. S. l.ower.v (A republican), Irish, and William
Foster, English.
)KViCKAI. Or' TUB PENA TORS, HOWEVER, AllE COMMONPLACE
leople, of apparently careless habits and dross,
ind one of them narrowly escaped expulsion on
,ho charge of corruptloa.
THE MANAdERH.
The managers are even more mixed to look npon,
in<l generally inferior in physiognomy and bearing
;o the three lawyers they have employed. Mr.
Mvord is'the head and front, and the ablest memicrs
of Assembly associated with them are said to
>e Huested, of Pecksklll, aged about forty, and
r edder, of Klllcottsvillo, a volunteer army olilcer,
iged thirty-three. The House chose them In tlio
ollowlng order of popularity, those at the bottom
retting relatively the least votes:?
Alvord, Prince, Hills, Lincoln, Vedder, Nllea, Ilns,ed,
Jacobs, Hayes.
TUB COUNSEL. ,
The following arc the counsel secured on both
ildea. First, lor the defence
BABTI.BTT.
wtlilnm O. Bartlett is a nutlve of New York, a
lterary man and counsellor, who was for soiuo
lnic attached to the press In Washington city; he
vas a friend of Abraham Lincoln. lie is a largo,
llgnlfled, but very prompt pleader, cxcept when
horoughly warmed up.
BEACH.
William A. Beach has been a distinguished lawyer
or twenty-five years, and his aged mother now
Ives in Saratoga, where he lv<g:?n his career.
Many years ago he removed to Troy and rose to
llstlnetlon there, having llio largest civil and
criminal practice in Northern New Vork, which he
retained for years, lie is a flue looking, eloquont
nan. A short time ago, comparatively, he removed
to New York to be Commodore Vunderlines coun?>i
in UiMikon. Hiu-lem aul Central Hallway
uatters.
TOWNSESD.
Mr. Townaend, a tall, Mack-haired man, who has
>ecn for? wo mouth* gottlng up authorities bearing
m tills case. lie la a fitlthlul Btudunt. and wnfl
ong a member of tbe A:? of Unlltraltli & 'i'uwuseud.
RUP!;? ANDREWS.
Pnfus Andievra la a native of the Western Reicrve
of Ohio, and has lonj< been known in New
fork as n prominent lawyer and man of ail'alrs. In
>he year 1808 In the contest between the city
md the West Washington Market property
ie represented the ' city. He waa counsel
or Judge Bus teed in tlio impeachment caae at
Vashlugton, wltlcu caae wna beaten In the Houso
nainly by Ida exertions. He li;is also been Couproller
Connolly's counsel nincc the beginning of
lie late uupleiu-astDeM. Ills practice Is wholly
:lvll. rind he las &ever been In any criminal cause.
Ie aren an assignment for Heebe A Co., bankers,
n l?67, when they failed for an enormous amount
>r money, and Wue Surveyor of tho port of New
fork under Mr. Lincoln from 1*01 to ixo7. He is a
argo, marked, imposing moo or aiTable address.
KEYNOL.Lt 8.
John II. Reynolds la an old Albany lawyer of high
itandlng, socially and professionally. and ho argues,
t la said, moro cases In the Court of Appeala or
,he Htate of New Vork than any other pnu-litloner,
3o wan once a member of Congress, and In about
orty-ctght years of age, with brown hair and a
lorld coiuploxlon.
These gentlemen will divide up the dcfence of
ludge Barnard In the following way:?
Mr. Andrewn gets up the testimony; Mr. Townmjjd
ivofcj# up 140 an^yritlea fit law; Mr.
J
" o
? ?
[ sad Mr. Bayaoldi argue questions of law; Mr.
Bartlett examine wttnessea, and Mr. Beach make*
the ultimate pleas.
Each or them will probablj bo beard many tlmca
I ?k* *?!?! la dnna
uciuro nuv > ?- ????
COUNSEL FOB PKOSEOITION.
John M. V*n cott, of Brooklyn, is a w<-n known
Sractitloner; be has n large, finely cut face, rather.
.\*d and severe In expression, with grayish hair
aud a gray tuft of goatee upon the cliin. John K.
Parson Is a lean, dark-skinned, good-look:n* man,
with thin, darkish Fide whisk rs. Mr. Pratt, the
third counsel for the prosecution. is a nuiint,
iionlcal, country-looking chap, whoss utility remains
to be seen.
l'romiueut also, to-da.v, though not retained In
tliis case, was Colonel Harrison, tho prosecutor of
Judge McCunn?formerly JelT I>avis' private secretary?a
young. sharp featured, lighting lojking
Southerner, with a bright, black eye, ears up and a
trim mustache.
rHfc KIllST RAY'S PROCEEDINGS.
Tlie proceedings began to day bv a speech and
protest from \Y. 0. Bnrtlett, nut very Interesting,
asking delay on account of Judge Uaruard having a
bad attack of the gout; he also lia?i a letter read from
some of the counsel protesting inability to In- present
till Thursday, and adduced affirmations ol Doctor*
John J. Crane, Alonzo Clark aud Wblt? that It would
be Impossible for Judge Barnard to appear, ills
father had died of gout. lie (the lm;>uaehed) had
it In the blood, Ac.
! Mr. Alvord promptly rose, with his hands folded
' across his stomach, his bland, rouud lace and
i abundant giaylsh white hair and beard and bald
top being his only notable marks, aud hi* nhor*,
thick bony was encased in a light linen coat and
white unmentionables. Ife made mild objection.
The question being put in favor oi adjourning till
Thursday no voices were fy:ard on that side.
"Those of a contrary opinion, No."
A solid bass answer rolled round the hall of
"No."
Mr. Partlett again rose and made objection to
' anything being done, as ills client was suffering
from the visitation of Oo l, <lc.
"Questlou overruled," said tho Lieutenant (Jov!
ernor.
SWKABINO THKSI IN.
The Sergeant-at-Arms, in his bluo coat, presented
a Blblp, and the Judges of the Court of Appeali
i present gathered around him and quickly took th#
oath. They were a gravo-looklng body. Nexti
| groups oi Senators, four at a time, gathered around*
i the Sergeant, heard,the oath read all B'ftidlng,
1 wiin ineir unstorn touching tne cxwnaeu niuie, aura
l as tliv Lieutenant Govornor data tho last word of
the oath each kissed tho hook and cJwtwM back to
his neat. This being all done lu a fow minutes'
' space and tho noise race coming on, tlio venerablo
; body adjourned of Its own motion.
I COMPLEXION OF ITU NHS.
I Tho Senate, which Is the political part of this
j court, consists of six democrats and twonty-three
i republic ans, and tho presiding oillcer is a demo*
' ci at, buMias no vote except In case of a tie.
| or tho Senators, excepting two or three, all the
republicans are Grant men. Allen Is known to bo
a Greeley man and throe or four others are la
doubt. Tiie bitter feoling provoked by the new1,
combination between liberals and republicans
reaches this trial, and tho majority, many hazard
the opinion, will go lor removing any democrat
from onice whenever tho opportunity occurs.
RELATIVE STRENGTH 01'' THE TWO SIDES.
Judge Barnard has many friends here, who allego
that he has every chance?If law and not pontic#
prevail?to bn acquitted. His attorneys say that*
they are perfectly conlldent If the case Is tried oa
the evidence and tho authorities. Asked what tho
mental force of the niauagerB in themselves was,a
lawyer lor tho defence said to-day:?
"Hen Hurler could swallow them alive In tho
managing line, and then have nothing upon his
stomach."
WHAT POINTS TIIE DEFENCE WILL ARGUE.
The flrst question 10 bo discussed by the lawyer^
i of Judge Barnard will be a plea in abatement to the
! articles of impeachment, on the ground that they
were never properly or lega'ly adopted by tho
House of Assembly. This is to bo shown by tho
Journal of the House.
it Is claimed that the nrtlclcs were never certified
by the Speaker of the House as having been
' adopted and never entered on the Journals of the
House, but tlicy wore transmitted to the Senate by
j the managers without any certificate whatever.
I if this impeachment be in the nature of an lndictI
merit, the articles have not been properly found.
I The consideration of this question will take muub
time.
I Second?'That no ortglu.il certified articles or lin!
pcaclunent aro now on file with tho Court, and
| nooo have over been on file.
i Third?A motion will be made to strike oat an
charges and specifications relating to ads or sayings
of Judge Barnard prior to .January 1,
! lsuo?the commencement of his present term
i of office?his counsel claiming that ho can only l>e
impeached and removed for ,tcts done during the
tenn ho now fills. Tlie people punned upon his conduct
prior to that time in tho election or November,
ltioS.
If thin motion should prevail more than one-ball
or the charts and specifications fall to the gronml,
and the term of tho trial will We materially shortened.
BROOKLYN AFFAIES.
Burglary.
The rcsldcnce of Georgo T. Samuels, No. 485 Fulton
street, was feloniously entered Tuesday night,
and robbed of $200 worth of property.
Flro from a Leak In a Gas Pipe.
At four o'clock yesterday morning a fire broke
out in the store of Mr. John Young, 133 Atlantic
street, and before the flames were subdued a
damn^e or J500 was done to the stock and building.
The flro was caused by a leak iu the gas pipe.
Tho Mortunry Record.
The mortuary record from tho Hoard of Health
shows that there were 370 doatns in Urooklyn during
tho past week. This is a decrease of from
the mortuary of tho previous week. Of the deceased
45 were men, 47 women, 115 boys and 138
. girl*.
Serious Assault*
oinnvrn x/viiiuvii) ui -i-y nuuu; nviirui', uuuiiuuivu u
serious assault, Tuesday nlglit, on Mrs. Margaret
Wlnsdor, with whom lie had pomo words. He
struck the noor woman over the head with a shovel,
rendering her almost insensible. She was taken to
the hospital, and Donlan was locked up to answer.
Careless Driving.
Mr. William Uedell, a builder, drove up with his
carriage to tho corner or Union and Smith streets
yesterday afternoon, where he stopped to Bpeak to
a friend. While standing there his horso was run
Into by a grocery wagon driven l>y John Sterling
and killed. Ills wa^on was also smashed to pieces.
He estimates his loss at $600.
Plymouth Church Sliver Wedding.
There Is to be a four days' Jubilee at Plymouth
church, beginning on the loth of October next, as a
celobration or the silver wedding of the Rov. llenry
Ward Becchcr with his congregation. He was Installed
pastor of the church on Sunday, tho loth of
October, JM7, twenty-live years ago. l'rcvions to
his call he was pastor of the second Presbyterian
church In Indlnnnpolls, Ind. The juMlee will commence
on 'l uesdav, October tho loth, and will last
until Friday evening the same week. During
tho lust three days, among other Interesting
ceremonies, will be a gcnciai gathering, us fur as
I possible, of all tho members of the church, past
and present?nuinberlug 3,810. Many arc scattered
nil over the Tnlteu States. On the evening
i of the day of the reunion there will be u general
tea served up In the lccturc room. The closing
1 services will consist of a prayer meeting and tho
Administration of the Lord's Supper.
Sunday Crime and (he Killing of Ofllccr
Donahue.
Tho Brooklyn Police Commissioners issued a circular
on Monday in regard to Sunday crime in
Brooklyn nnd tho murder of OUlccr John Donahue.
They say that "tho Impending doom that awaits
the cowardly and brutal murderers of the faithful
Officer Donahue docs not seem to deter the
ruffians that prowl through our streets b om assaulting
the oi'.icerB of the law. Yesterday, even tho
Sabbath day, and ere tho remains or that maitvr to
law and order were consigned to tlhir resting
place, policc olllccrs vere murderously assailed
by rum-crazed would-be murderers. Tl.o i?olice
mtist remember that the danger or us-ianlt and possible
murder to which tlicy are exposed on Sunday?
is increased just In proportion to tiio <>11.111 titv of
Intoxicating spirits that Is sold oa that day in particular,
because of the large number of man and
boys who persist In visiting and lounging m th*
vicinity or drinking saloons; hence the importance
of vigorous e n lores me nt of tho law which prohibits
the sale or jrlft of intoxicating liquors on Sunday.
While the prompt arrest of all law breakers is creditable
to the police, yet tho best evidence of an oitlcient
pollen force Is the absence or crlm \ Hut the
u.<tial catalogue of crime on every Monday momma
cannot be reduced until the sale or pretended girt
of spirits on that day tin not only nubile drinking
in saloons, but also in drug stores) is suppressed.
Vhilo the Commissioners thus publicly thank tho
police for the fearless and snccesslul arrests, and In
inuny instances at the apparent risk of their lives,
yesterday, they would inost earnestly enjoin on
them the paramount duty of preventing crime, by
the arrest and imprisonment or all persons, whether
liquor dealers or druggists, who either publicly or
covertly vlolato thojaw. x
PROBABLE MURDER. . ,
Result of a Row In a Liquor Sa'oon.
On Saturday evening last a light took place In
Fay's liquor store, corner of Thirty-eighth street
and Second avenne. James Cloonau, of No. 330
F,aat Thirty-eighth street, eno of tho principals,
was stabbed in the Rroln and very seriously cut on
the head with a bottle by two brothers, turned
Jtimes anil Patrick Flolan. The Injured luuu was
ent to Bellevue Horaital, whero ho Is now confined
In a precarious condition. Yesterday Patrick Kinlau
was arretted and taken to the \orkvllle Polios
Court, where he was committed by Alderman
Plnnkltt to await the result of Cloouau's lujurlM.
The other yrvtXT hip nut yet been arrysk-d.
A

xml | txt