The New York herald. [volume], August 27, 1872, Page 8, Image 8

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

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THE BONDED IMPORTS. |
A OIum At the Public Store* And Sample Office? !
How Affairi Are Managed in that Bnrean?
Figure* on Beenltr-What Smoker* Are
Taxed?Bate* of Public Cartage?What
Karble Contribute* Toward the Revenue?The
New Bonded Marble
Yard and Ita Appointment?
Fabnlon* Amounts of
Good* on Storage.
Intimately connected with the Custom House ore
the public stores situated on New Church street, having
& dimension of 124 feet lu inches on that front
and ins feet on Greenwich street. The former has
Ive mores, each sixty-flve feet deep, and the latter
also live stores. averaging ninety feet In depth.
The buildings, six stories in height, aro provided
with three steam elevators. * Notwithstanding the
monster size of these storehouses, there is not
sufficient room to accommodate one-half of the
constantly increasing traffic.
THK PUBLIC STOKES
and sample office connected therewith form the
CIKU111 Ullinuu "I luc vuiicumi n uuivc, ?'v uuder
charge of Deputy Collector Daniel II. Tompkins
and Mr. W. H. Broome, Chief Clerk, who lion
keen in service nearly twenty years. The force required
for the working of this division is very extensive.
The Labor Bureau contractor alone employs
at present from eighty to one hundred men.
The clerical help numbers about seventy.
Ah the poods are discharged trom the vessel the
padtaeres are accompanied by checks signed by the
Customs Inspector, and delivered with the tickets
at one of the doors on Greenwich street. A clerk
(stationed here checks the package and designates
the floor on which to store the same. The tickets
are hereupon entered on a blotter, to which importers
and others have free access the next day
Jor the purpose of ascertaining what becomes of
their trooils. The recording clerk then receives the
tickets, who make? regular manifests of tne mnrks,
numbers, condition of package, Ac., on sheets
which ev>- passed to the general bookkeeper, who
!*? > .is the goods under the names of the various
vessels. Another clerk then compares the entries
with the checks to see that no errors appear.
Goods are delivered lrom the Collector's Department,
and the receipts from the merchant and another
from the carman are pasted together when
returned, filed, entered on the book, and the account
is closed.
The cashier takes these tickets, makes out and
pays the cartage to the regularly appointed truckmen.
This, however, applies only to goods ordered to
be sent to the Appraiser for appraisement. Another
door on Greenwich street is used for the transfer
of other goods.
On the arrival of merchandise and after being
examined the packages are corded and sealed.
A clerk calls off the marks, numbers and the designated
warehouse to which goods are to bo sent.
The annexed statement of the receipts at the New
York Public Store will show how largely tbe business
of this division has augmented. The increase
In lour years has been eighty-one and a quarter per
cent. For the four months ending April '!(>, 1S72,
tbe increase has been ninety-five and a quarter per
cent over a corresponding period ending April,
18*19, and 126 per cent over that ot April, 18tl8. The
increase of subsequent months will show even a
larger ratio. During I he month of April, 1872, in
twenty-live working days there were received,
examined and delivered an average of l.ooo packages
daily, and nearly every package had to be
cowled and sealed and handled a unmher of times.
The business done at the I'ublie, store may be set
down as simply enormous, as will be seeu by the i
following figures:?
1888?Nuratier of package* received in Public Store
anil Sample office 137,457
Amount ol cartage paid by the loud ,
Average per package, <M-1U0 cent".
18t#? Number of packages received in Public Sti re
and Sample office 101,866
Amount oi cartage paid by the load. .. $71,389 !
Averaging per package 4ti 8-lliO cents.
1810?Number of packages received in Public Store
and Sample (Mlice 200,461 :
Amount ot cartage na id bv package $74,1W |
Average per package. ?,&%-10U cento.
lOli?nuiuun *?i rutrivwi 111 j iiniu: niuri"
and Sample Ofliee 226,070
Amount ol cartase paid by package 178,'.'13
Average per pack ate, !w wi-100, ecnt*.
Thus it will h<! seen that In 1M70 there wore received
88,585 more packages than in isis) and 25,1)09 in 1871 more
than In 1870.
XJie IlUjnbcr of packages received in store Imni Mav 1,
1871, to May 1,1872, wore 236,831.
The amount expended iti July, 1872. tor incidental expenses,
.such as twine, lead, seal, Ac., a portion of which
L also u<ed by the Appraiser's department, was $l,lxo M.
The number of packages received in more for examination
lam month was ls,2M.
Correct receipts delivered, made out at the public
store 8,711
On permit and orders ti,503
Transferred to warehouse 4.M6
Number of orders Issued on correct invoices :i, 112
Package* received iu Sample Office 2,."tis
Packages delivered from hample Ofliee.. 1,606
Packages transferred Iroui Sample Orilce to public
store 639
The charges paid in Sample Olltce for .luly, is,'2, lor
labor, ?c $651
THE OtOAlt INSPECTION
of Imported stock likewise comes under the Eighth i
division. This tratlic hits become very extensive,
averaging about tour million cigars per month,
which are stamped belore coming Into market..
The labor connected therewith is considerable.
Every box has to he taken out separately, on which
an import and internal revenue stamp has to he
affixed. The former are lurnished bv the govern- i
ment, for which there is no charge: the latter cost. <
*6 per each thousand cigars, and are .sup- !
piled by the Importer after purchase from the in- 1
ternal Revenue itureau The charges for ceititicute !
that the cigars have been properly stamped arc
twenty cents per tnousand. t his item throws oil'a
revenue of about $S50 per month, received by the
Inspector of Cigars, who hands the amount collected
every month to Deputy Collector Tompkins,
who in turn pays the same to the Auditor, taking
his receipt, therefor. The fees received Irom this
office about pay the expenses of running the same.
The rent ol the public stores and Appraiser#' Department,
which ure under the same roof, is annu
ally S(>4,oo? i!6. n ma> appear oa<i to nave fa 'i-> \
attached to such a large amount. The actual rent I
Is $56,000 a year, but on the widening of < hurch
street the government agreed to pay fifteen per
cent on the sum lor the Improvement, which makes
$11,003 a year. Hence the total rental loots up
the first mentioned figure.
The most thorough system characterizes the administration
of ttie public stores, otherwise the
Immense amount of business dune here would be a
Uiass of chaos.
THE KATES OK CARTAOK
on all goods sent under general order from piers in
New >oik and Brooklyn to designated warehouses
are iix< d by regulations ss follows:?
All gaugeable goods in packages of -f> gallons or lc>s,
per load of <> pnekages f>0c.
All gnugcitiilc goods in packages over '?< gallon*, not
more than SOuallou*, per load of 3 packages 60c.
All gaugcablegoods in package!* over .'id gallows not
more than 10iJ gallons, per loud of 1! packages ,10c.
All gaugcable good* in packages of over 100 gallons,
tier gallon \'c.
All dry casks, such as sugar, tobacco, Ac., per load ot
l,a*J poll nds 5f>c.
Alldr> casks, every additional 1H0 pounds over 1,'Ji.u
pound i- 7c.
<V>al per ton 70c.
Coal per onclutlf chaldron.. Me. |
Cotton per load of :s bales (American) 45c.
Cotton per load of A hales (bust India1 IMc.
Walt per load of iiO bushels 50c.
Barihernvvarc per load Me. i
Iron and steel per loud of 1,300 pounds torn.
All ttoods, wares and inercliandlse not above enumerated
.10c. |
The rates ol cartage from piers on the New Jer j
ey side Is as lollows:?
From (hinard dock, Jersey i'd\. to itic iici-mitra i
General Order store, iir load :<?rrHu- included $1 00 !
From \\ litte star li ie Jrr*\ < it> to tlx- di-inuated
General Order store,per load, i-rrin^e itiehuleil I 20
From Hamlniiv iiihI lir< nu ll linej, 11 iiiokcn in itndetonated
General Order .-tor . per loud, t rr;u,r
included ' I 20
MAHBI.K IN BON I*.
It may sound n>ir<<ji to the pi neral reader thai,
atone Imported from foreign countries is - ib.iect to
be bonded, nay. even subject to a very heavy
tariif. Vet such in the case. The (treat imik of this
article coineti to these ahores front Italy, and .s
know ii as Parian marble, worked in the lnexhaustjable
qiuurics of Carrara. A small quantity of this
ape les of stone cornea from Spain, i>ut resembles
?nii i ni.i s-ec marble In color, and 1h not ho rich m
texture. cargo after <-ar^o Is landed here by
vc*>" in from Leghorn, Palermo and Genoa, unci It
ie :i grand mjziit to see the acres of ground covered
b\ '..is merchandise. which brings an Immense
n . niie to the rnlied States government. Here1'
? all the marble discharged was at a ynrd I
Bit.iaied at the loot of Corlear street on the
Kaot. Kiver. Although the Customs regulations
?re Imperative In having places containing bouded
floods properly enclosed and secured wltli government
locks, this yard, or rather the owners
thereof, have neyer compiled with the required
n }'u!atloni, although repeatedly ordered to do so.
Messrs. Baker A Williams, who also have a six story |
bonded warehouse and general order store In Water i
atreet, extending over oue hundred siu.ate leet.
have obtained from the government the custody of |
bonded marble. These gentlemen, falling to induce
the owner of tne at>ove mentioned yard lo
have the ground properly enclosed, entered Into an
agreement with Messrs. Walsh Brothers, who own
the properly adjoining, to tit tip a proper plaee ao j
cording to the requirement ol the gove rnment.
These gentlemen at once entered upon th enter- \
pri1-*. Being the owners of the property ,
Girectlv iiiri.sa ihe street of the present
yard, where the marble lies In an exposed conditon:
they enclosed the entire block of WO square ,
leet wiih a fence twelve feet high, and erected .
witfnu three tramway railways, tipon which they
can lilt and transport fifty tone weight from a ves- |
flEW TU
?el to any spot within the enclosure as easily as~carrying
ten pounds. This system of railways is
arranged on beams running in three rows, cacti
beam having tracks upon which trucks are propelled,
bearing the weight suspended on wire coils.
Across these beams are trestles, likewise supplied
with rails and tiucks, which shift the load and
carries it in an opposite direction. A steam boiler
of eighty horse power supplies the motive
power, not only to the irainway road, but
serves also to discharge the cargoes of two
veRseis at one time. The dock facilities of
this monster yard arc 50o feet water front,
capable of accommodating live or six vessels at
one time. All who have seen this receptacle for
Douded marble pronounce it an the very acme of
perfection, and a long needed Improvement over
the old system. Marble, unlike other Imported
goods, wan allowed to be virtually outside of government
custody. Heretofore it was only constructively
in bond. This new yard will obviate
the difficulty, and the expense to the Importer is
only one half of previous rates.
The duty on marble is heavy. At first we have
a specific of tilty cents, and un ad valorem, tax of
twenty per cent per cubic foot, t*ome of the blocks
Imported are of nuge proportions, weighing from
five to tweuty-four tons. In the new yard these ponderous
weights are llted very easily, while under the
old system of horse power it took probably ten two
horse teams to hoist the block, and as man
more to drag it to a resting place. It usually took
three and fonr weeks to discharge a cargo of
marble. With the new machinery a large vessel is
uioviiui (iuu in miur ur mur nays, j uu com, oi me
fitting up of tills uew enterprise was upwards of
eighty thousand dollar*. Jjist year 2M,ooo feet of
marble wax measured and inspected. Besides imported
stone there is now in storuce at the marble
yard of Messrs. Baker ,V Williams a monster cable
weighing twenty-one tons; also an anchor, both of
which have been lost by the steamship Wyoming,
of the Williams & (iuion line. This cablc and
anchor were Called lip by the schooner Lisser. Not
having the same entered on nor manifest, both articles
hail to be transferred to the General Older
store. Since the deposit there the crew of the
j schooner have made a claim for salvage, and the j
| United States Marshal now keeps a watchman at
I the yard iruardiug the cable and anchor at a larjre
expense. The Koverumeut exacts a duty oil these
| appendages to shipping tackle, and if not released
by paving duty in the prescribed time will sell tliem
according to regulation.
UNITED STATES BONDED WAKEHOPSKS.
The circuit of the United States bonded stores,
from Hunter's Point, 011 the Kast, lUvcr. to Leroy
and West strei t. on the North River, Including the
Jersey City and lioboken warehouses, comprises an
area of some lifleen miles.
There are neavlv one hundred bonded warehouse
proprietors. Kacli one has a United Slates store- 1
keeper, who, according to law, opens his place or 1
business at seven o'clock A. M. and closes at sun- j
down. The storekeeper receives a receipt for all ]
bonded Koods and delivers the same on the proper j
"permits.'* The warehouse ''circle" is divided Into
live districts, each one ol which has a designated
district officer, whose duty it is to visit every day
every store within his procln<t, Rather up the
returns or the previous day's business, correct all
errors, supervise the work of the storekeepers,
and make all necessary verbal anil written reports
regarding his district in Mr. Samuel 1*. Russell, the
superintendent of the Warehouse Bureau.
In Bureau No. 4. Third division, or the Bookkeepers'Department
of the Custom House, is kept the
record or all goods received under general order
aud all (roods in bond in all United States bonded
warehouses. All deliveries and transfer permits
have to i?e stamped here and recorded in the books
of I he department before linal action ean be taken
on them. The returns from all bonded warehouses
are also kept on (lie in this Department. Accounts
are all kept by vessels. Each vwyage has a separate
folio. Any person, b.v Riving the name and the
voyage oi the vessel can at once be informed of the
disposition of the cargo. Mr. A. C. Hlnton, an old
employe' of the Custom House, Is the chief clerk of j
this department, wlule Colonel T. II. Thorpe, an old
litemUrur, is chief clerk to the Superintendent of 1
Warehouses.
We have already alluded to the extreme hard
labor performed in the Liquidating Bureau of the
Warehouse Department. The same applies also to
that just mentioned ubnv?. The storekeepers and
clerks have more hours to labor in and on less pay
than any class of men in mercantile pursuits.
I BOARD OF ASSISTANT ALDERMEN.
The Sunday Music (tacitton?A Spirited
Skirmish Between the Member* for the
Credit of the Movement?The Resolution
Adopted Wlthont Amendment.
Ihe Hoard of Assistant Aldermen met yesterday.
At ten minutes after the hour named there was
not a quorum present. Mr. Strack asked the Clerk |
to call the roll.
Mr. Kbacs?The President and five members are
down stairs. They will be up in a minute. I hope
the Alderman will wait.
IVnrpj Pall tho rnll
Tlio Clerk called the roll and a quorum was uot j
present.
Mr. Pinckney?Mr. Clerk, there not. being a quorum
present, I move that Mr. Haley take the chair, j
and send the Serjeant-at-Arms after the absent
members. The Sergeant has been after them, but
they refuse to attend.
At. this moment the President and other members
entered, and Mr. Pinckney resumed his seat.
A letter was received from ('ominikstoner Van
Nort relative to ttie paving of Second avenue
from Forty-secoud street. to Sixty-first street, which
was ordered by the '.'oinmon Council and approved
by tin; Mayor December la, 1870, and also the paving |
of Fifty-ninth street Irom First avenue to Third i
avenue, passed in is:i. The Commissioner states
tltat these streets were not paved, as ttie Ootittt
iiave set aside all assessments for paving done and
ordinances passed during 1*70nnd 1871, tor non-compi
iauce with the law iu advertising the same.
Mr. CiunsKBY called up the resolution to provide
miisl.' in the Central Park on Sunday afternoon,
and the opening of the Museum for two hours on
.Sunday afternoon.
j Mr. Khvus moved its adoption.
Mr. Robinson moved to strike out Central Park t
and insert all the parks of the city.
Mr. Stuack advocated Mr. Kobinson's amendment.
He wanted musical concerts on Sunday, but
a workingman could not afford to pay seventy or
eighty cents jor car fare for his I'amd vi If the concerts
were given in Washington Park or Tompkins
square the poor man could attend without cost.
This movement was In favor of swelling up the receipts
of railroad companies, and he had no doubt !
some of the Aldermen were interested in these rail- i
roads.
Mr. Connor was in favor of having music clown i
town, and therefore he favored Tompkins and |
Waahmgton squares.
Mr. Stacom moved in amendment that the words
"Central I'urk, Tompkins square, Washington
square, city Hall Part and the Battery" bo inserted.
Mr. Robinson withdrew his amendment and aceepted
Mr. St acorn's.
Mr. Krai-* declared that this would kill the intentiou
of the original resolution, which provided i
that it must be done without extra expcn?e.
Mr. Geis thought the argument that It would cost j
poor men too much to go to Centra! 1'ark was all I
gas. Most. 01 them wauted fresh air, and they
naturally go there for that purpose, and the Hoard
should locate the music where It could benefit
the greatest number.
.Mr. .Stacom withdrew his amendment, and Mr.
Hobinson offered the following as usubstitute:?
Resolved, That the Central I'urk Commissioners bo re^nested
to order sacred music to ho, played at the Central
l'ark. Wn?hlnatoii I'urk, 'Ihompktus square, City linn
and Battery |p|nce en Sunday*, irom lour to ?even o'clock
P M. And so as to avoid any Increase of expense, to
omit all of the music entertainments now on weekdays '
in three of the other parks in this city.
The substitute was lost.
Mr. Connor moved to lay the whole subject on i
the table. Lost.
Mr. Strack moved to adjourn. Lost?5 to 12.
Mr. St a com moved that the original resolution
be made the special order lor next meeting, l.oxt? 1
5 to l'i
Messrs. sta<om, Hobinson, Kraua. Connor. Cumlsky
and <}eis all took the door. A perfect bedlani
of speeches, yells and motions followed. "llie
( hair divided the qu si ion, and the vot. was called
upon the first part, vi7,.:?That music Im- nrovhhii
In Central l'ark on Sundays, between the hours 01'
four and seven o'c lock. It was carried by the fol- !
lowing vote:?
Yiu?? Messrs. O'Brien, UorIv, Krails, fontello, Q?l?, |
Slmonson Cumiskv, McDonald, rtebwart/, the P?est- 1
dent?10. , ,
N ?vs?Messrs. Foley. Stacom, Robinson, Coddlngton, I
Ktr.i*k, WikIp, (minor?7.
On motion of Mr. tieis. the second part of tlu?
resolution, relating to opening the museum, was .
laid over tin til the next meeting. Ttie dlscoMlon, ,
which lusted about two hour*, showed tluit those !
who were most, violently opposed to lumni; music, ,
in the Central Park were evidently doing so to con- I
trol the votw?of the woi'klnginen in tlieir respcc- >
tlve district*.
Tin. Hoard adjourned until next Monday.
PASTORAL OF BISHOP ODENHEIMER.
In response to a letter from the Society for the
Propagation of the Cospei in Foreign Parts, In London.
hngland, Hishop Odenhcirner, of New Jersey,
has i?sned a pastoral letter "to the clergy and
laity of the dloiese of New Jersey." ill which he responds
with Ills whole lU'iii't to the suggestion
of recommending a day of intercession
lor an increased supply of mi"sionaiies.
lie appoints December 'jo as the
dav. and says*?" i lie want of godly and wellle.irued
men to declip fully and tn in.tint,mi sueoessluliy
the faith and Mntrdoin of the incarnate
,N)ti of God oppresses the heart of the Church of
Christ, longing to preaeh to every creature under
heaven the everlasting (iospei of Christ crucified,
the only Saviour ol the world, i'lie want 01 sutllcient.
laborers to reap the world Held, while to the
harvest, is the ominous cry that startles the Krlde
of Christ us tills dispensation of c.oiI'h grace draws
to Its close. The want of able-bodied, able-souled
and able-spirited minister* to prepare the redeemed
sons of men tor the second advent or their
King and Judge is the direful antl-i iir'stiati fact
that depict- es every department of missions,
dioeesan and domestic, as well as lord^n, and
hides the iiie and light of Cod rrom the "oo,000,000
of heathen peoples. There is but one who can I
help us in this dismal hour of our lukewarmness
and self-indulgence and of the world's great i
1 spiritual nm-sslUe?."
IKK HERALD, TUESDAY,
THE COURTS.
Interesting Proceedings in the New
York and Brooklyn Court*.
The Sellers of Immoral Books Brought to Bay?
The Salariee of City Offloiala?Judge
Quinn Demanda His Pay?Decisions.
UNITED STATES COMMISSIONERS' COURT.
Raid Upon Sellers of Immoral Publication*.
Before Commissioner Oafoorn.
The United States vs. H. Cameron.?The defendant
is charged with dealing In Immoral books
and putnres. He has an address nominally at lie
* IllAAoboV U?fAA? Kit* hn >.?<. Knnn /rtw anma ?im? in
the habit of receiving his letters and communications
from a box in a grocery store at 10s
West Houston street. Yesterday Deputy Marshals
John Robinson and D. H. Crowley, armed
with a warrant, went in pursuit of the
defendant, whom they found after he had
just got his U tters. They captured him at once.
He had in his possession a Muck hand-bag, which
was rilled with packets of immoral prints and
books made up, stamped, sealed and ready to be
deposited In the I'ost Office. Some of these packets
were addressed to parties in this city, including
one or two women, whose names, in all probability,
will be published as soon as the case conies
to be investigated by the Commissioner. The defendant
was held In $10,000 bail to await an examination.
(Jeneral Davies, the United States District
Attorney, lias expressed his determination to
use all the force of the law at Ills command for the
suppression of this vile traftlc and the severe punishment
of every one who may bo engaged in it.
The United States vs. Ckaiies Maekay.?1The defendant.
is charged with having carried on the business
of soiling immoral books and prints at 88
Centre street. The particulars of this case appeared
In the Hkkald of Sunday. Yesterday Commissioner
Osborn heard some testimony in relation
to the charge, but the evidence for the prosecution
has not closed.
Counsel lor defendant made a motion to reduce
the bail, which hail been tlxed by the District Attorney
at $10,<J00. He claimed that the amount,
specified was entirely dlsproportloned to ttie
punishment which the law would mete out to the
defendant if he were proved guilty. Counsel admitted
that the sale of immoral books and pictures
i was an abominable crime; yet he claimed that the
I defendant should not be harshly dealt with; his
liberty should not be unduly restricted.
1 iienerai uavies mane si spirit; it address, com|
men ting severely upon the debusing character of
I the offence which, lie nulil, was growing in the city.
, lie was sorry to have been informed that, boon
i un?l prints of a most, Indecent character harl been
i introduced into seminaries and .schools and private
families to the detriment nnd ruin of young boys
and girls. The man who would lie instrumental in
circulating this vile and abominable stuff through
the community could not possibly hope to expect
mercy or consideration from the Court, lie opposed
any reduction of the bail.
The Commissioner, after expatiating at conslderi
able length on the enormity of the offence charged,
I said the surrounding circumstances took it out
I of the category of common crimes. It was
uot. only a crime against the law, but
i mi outrage upon the decencies of lite and the virtue
of society. He would, at. the next hearing of
the case, announce whether he would feel justified
in reducing the bail. He should, however, now say
that the bail must be such as would secure the attendance
from day to day of the defendant pending
the examination. For the present the defendant
must remain in the custody ol the Marshal.
The United States vs. ft. M. Grandon.?The defendant
was arrested at Ids place of business, 41
Liberty street, by Deputy Marshal Crowley. He is
charged with dealing In Immoral publications, and
was held to bail In $10,000 to await an examination.
SUPREME COl'RT?CHAMBERS.
Pay of ShrrifP? Marshal* at Ihc Court
of Oyer and Terminer^
Before Judge Barrett.
As Is well known, the judges of the Supreme
Court holding Oyer and Terminer have the power
to appoint the otlicers in attendance upon the
Court, and in case of their failure to do so the
Sheriff makes the appointments. The judges, however,
have failed to exercise their prerogative in
this regard, aud thus this duty for years has devolved
on the Sheriff, and in fact has come to be
regarded as a part of the patronage of the lattcr's
uiiii-v. Ill nusii |i""" I1IIIIK ivl UIV a|>llulllKVII, US
the duties were light and the pay (rood. Everything
went on smoothly nutIIComptroller (ireen obtained
custodianship of the city (Inances and is such resisted
payment of the men thus appointed. There
are, including appointments by Sheriffs Brontion
and O'Brien, ninety-three meu claiming pay as oincera
of the Oyer and Terminer. A test case has
been prepared, the relator being Thomas Smith,
and $321 the amount of his claim. A few days ago,
as will be remembered, application was made at
this Court for a mandamus against the Hoard of
Audit and Apportionment to compel its payment.
Meantime, pursuant to the request of the Board,
Mr. 0'(iorman, Corporation Counsel, wrote an opinion
In the matter, setting forth the entire legality
of the claim and the obligation of the
Hoard to audit and allow It. At the last
meeting of the Hoard Mr. Van Nort moved
to audit and allow it. but the other two Commissioners
voted against, it. Upon this action of the
Hoard, application was made for a peremptory
mandamus against the Hoard directing it to audit
and allow the same. The case was argued at
length by Mr. Charles \V. Brooke tor the relator,
lie showed the legality of his appointment; that
the services required had been rendered; that a
certificate to this effect Imd been properly made
out; that the claim had been passed upon by the
Hoard of Supervisors as a legal claim against the
cit.v and county; that the Hoard of Audit by statute
had no power to annul or aUer or change the claim
as thus allowed, and t.hat all the latter Hoard could
do was 10 audit ami allow it. He cited various
authorities on the subject 111 confirmation of his argument.
Mr. O'Corman said he had already committed himself
In his written opinion scut to the Hoard of
Audit, lie bad adxised them that the claim was
legal, and should not resist the present application.
Judge Barrett stated that the law was very clear
on the point, and that there was no ?>ther course
lor him under the findings of the Court- t')an to ,
order a peremptory mandamus to isjiiie, rfcicS he
did.
UIIUIU1I IUHU<JIIIIU:i-D "111 I r ~ u j IJ ?UC I ITU*JlUUlg
eases.
"11 1* a perfect outrage," f-aid a gentleman, "that ,
the Comptroller should pursue the course he does
in thlfl matti-i
How so?" asked a gentleman of inquiring mind.
"It is an outrage on the men, in Hie first plnr<%"
uuvrnd the former gentle man, "keeping the men
so lorn? out of their money, ami an outrage on the
people, In tike second place, because these inandu* |
mimes will cost the city $50 each.''
"And this ir what yon call a reform government,'' !
muttered a third party. "For my part, 1 think we
are getting about enough of it."
Halariri of Clrrk? In the Corporation Attorney'*
OfTlrr.
The clerks of Thomas C. Fields, Corporation Attorney,
arc having trouble about their pay. -There (
are ten ot these clerks, and their salaries, including
thai, of Mr. Fields, roll up an aggregate of $35,uoo
a year. The Hoard of Audit and Apportionment, in
regulating the amount of annual appropriations
lor the various departments of the city and county
government, fixed that ot tills bureau at $21,ouo.
Disregarding this cutting down process, the pay
roll wa? kept up, and the re-Milt has been the re- j
fusal of the Hoard of Audit to audit and allow pay- |
incut* of ilie Miiatv- us thus kept up. The
e'erks, accordingly, sued for their salaries. The [
answer was tnat the amount asked for exceeded i
the appropriation. Tills wns demurred to, and the 1
question came up yesterday on the demurrer.
Mr. Ueach, for the clerks, insisted that the Comp- !
troilcr by statute fixed the salaries: that the same
had not been changed, and that the Hoard of Audit !
hud no business to tlx ttie appropriation under tins t
amount. Mr. O'Oorman urged that the Hoard of |
Audit had the right to determine what should be
the amount appropriated for i his bureau and that
the salaries should not aggregate over this amount.
.iiiun. nitireii Bii*i:ime.i in.' uemiirrer, -<n>i nri<i i
that, tho Hoard of Audit had 1:0 right to make the I
appropriation less than the mini required ior pav- i
ment of salaries as fi xed by Hie comptroller pair- !
simnt to a prior enactment.
Ju<1kc (Ininn IiuoIiIiik After IIU Pity.
Judge Quinn holds judicial reins over the First
District Civil Court, lie claims nine months'
salary. The dispute w as to the amount to which
lie is entitled. Under an Increase by the Hoard of
Supervisors he claims $10,000 a year, while the
Comptroller is willing to pay oiiiv ta.ooo salary. I
The matter was brought to <tilt mid judgment by ,
default entered against the city tor the lull amount
claimed. Motion wa- made yesterday on behult of
the city by Mr. O'Oormau to have this default '
opened. He insisted that no iudgiiK nr could lie 1
entered against the clfv unless on motion before a 1
Judge of the Supreme Court, or upon a verdict hy a
jury. He claimed that the judgment was Irregular.
It was, in fact, a "snap judgment," although he
would not accuse Judge (Jtiinnwitli wishing to take
any unfair advantage. Judge tftjinn, who took
tip the cudgels on hi-; own behalf, showed that
he had taken no advantage, but that lie
gave prompt and ample notice of every legal step
taken on his side. He did not wish to ttike anv advantage,
but was willing to have the default
opened. The case was oue, lie contended, that
snould not come before a jury, but wm simply a
question of law as to the amount of salary he was
entitled to. Alter hearing the argument the Court
granted the motion, opening the default 011 condition
that the que&tlon should lie argued before the
Court on an application for a mandamus directing
payment of the full amouut elaimcd.
I)*et*ion?.
Thompson vs. Langdoii.?'file Plaintiff may take
AUGUST 27, 1872.?TR1PL]
an order, if po advised, opening the avenae and
amending the summon*, Ac.
In the Matter or the Application of Augustus
Von Cortland et al.?Keport confirmed and order
granted.
ShafTner vs. Nobel et al.?Application denied.
Shairner et al. vs. The Atlantic Grant Powder
Company et al.?Same.
The Hercules Mutual Life Assurance Company of
the United States vs. Monaheimer et al.?Same.
BROOKLYN COURTS.
UNITED STATES COMMISStONERS' COURT.
The Special Tax.
Before Commissioner wtnslow.
Two retail liquor dealers, llenry Deal, of No. 160
Park avenue, and Stephen Stickle, of Winfleld, L.
I L, were before the Commissioner yesterday on the
charge of carrying on business without paying the
special tax required by law. The hearings were set
down for the 30th lnst.
SUPREME COURT-SPECIAL TERM.
A Dispute Between Lawyers?Act Ion
Against an Kx-Corporatlon Attorney,
ot New York, for Legal Services.
Before Judge Barnard.
Daniel J. Walden vs. Theodore E., Abby E. and
David Tumllnson and Thomas Winser.?The plaintiff
is a New York lawyer, Abby E. Tomiiuson is bis
sister, Theodore his brother-in-law and David
their son. Walden claims that when Theodore was
appointed Corporation Attorney of New York In
1847 there was an agreement between tliem that If
he (plaintiff) attended to the attorney business of
the oftlce he should receive, In addition to the
salary paid by the Corporation, one-third of the
taxable costs in all suits in Courts of Record which
were prosecuted or defended by Theodore as attorney,
by virtue of his office, or by other employment
of the city, and also in all actions In which Theodore
should be substituted in place of the attorney for
the Alms House Department. Subsequently a res- ,
olution was adopted by the Common Council
transferring certain actions pending in-Courts of
Kecord In which the city was interested, and which
had been begun by the Attorney for the Alius
House Department to the Corporation Attorneys
office, Theodore being substituted as
the city's Attorney. Walden says that all the
Attorney's work In these suits was d.one by
himself, and also the greater part of the counsel
business and the taxable costs amounted to $21,129.
In August, lK.r>9, recovered a judgment of $32,250
against the city of New York In an action brought
lot- that amount and counsel fees. The Court of
Appeals affirmed the judgment and lust .Mine the
city paid the amount. It is now claimed by plaintiff
that he should have been paid $14,200 20, tho
amount of his share of the fund under the agreement
entered into between hltn and Mr. Tomllnson
in 1847; but Mr. Tomllnson, who is Insolvent, pretended
to have assigned the judgment to the other
defendants, and in order to prevent the money
being reached by his creditors, anil the payment of
Mr. WaUlen's share, the money was taken, and Is
now in the custody ami possession of Mr. Tomlinson
and the other defendants, but subject to the control
and disposition of Theodore K. Tomllnson.
Mr. walden desired that the amount due him be
ascertained, that the defendants be enjoined from
disposing of the uiouey, and that a receiver be appointed
until this action should be determined.
Judge 1'ratt granted a preliminary injunction
and appointed the Brooklyn Trust Company receiver
of $16,000 of the amount. An appeal was
thereupon taken to the General Term. The case
was before the Court, yesterday on a motion for a
stay of proceedings, as far as the receiver taking
charge of the $16,000 is concerned. Decision reserved.
The lice Avenue Railroad Trouble.
Frederick Grels and others, property-owners on
Lee avenue, have brought suit to restrain the Williamsburg
and Flutbush Railroad Company from
laying tracks in that thoroughfare. The plaintiffs
claim that the comDanv has not comnlleii
with the act of in?6. and obtained the consent of a
majority of the pioperty-owners before laying the
trucks.
The company, on the other hand, say that they
arc laying the tracks under the general Kailroad
act, and not under the act of 1806. Ail that is necessary
under the general act was to obtain the
consent of the city, which had been done. It is also
claimed that the plaintiffs had no standing in Court,
inasmuch as their deeds do not give them any rights
In the street, the property being bounded by the
strret line.
The argument for the injunction was heard yesterday.
Decision reserved.
Decision.
J. H. Elmore vs. The East Now York and Jamaica
Railroad Company.?Motion to continue injunction
deuied, with $10 costs.
BROOKLYN AFFAIRS.
James Kurson fell from a tree In front of No. 85
Hunter street, last, evening, and fract ured his
skull.
Joseph n. Ragner was drowned yesterday, while
bathing at the Erie Basin, South Brooklyn. His
body was recovered.
The apartments or Mrs. Butcher, No. 91 Main
street, were entered by a sneak thiefyesterday and
robbed of $95 worth of Jewelry.
John Carrol, aged twenty months, fell from the
third story window of his parents' house, corner of
Dean anu Washington streets, and was fatally Injured.
The corner stone of the new Catholic church in
course of construction at Flatbush will be laid,
with appropriate ceremony, on Sunday next. The
ediflce will cost $ao,ooo, and will be under the pastoral
care of Kev. Father Dougherty.
Sergeant Cain, of the Second precinct, last evening
eiTected the arrest of Thomas Flaherty, aged
nineteen years, on charge of being one of the
principals engaged In the recent robbery of $400
from the oitice of Blees A Co., sewing machine factory.
corner of John and Bridge streets. The accused
was taken into custody iu Kast Broadway,
New York.
Mr. Farrell, an undertaker, is going to test the
rijfht of the Park Commissioners to prevent carriages
returning from Minerals from passing
through Prospect Park. Mr. Farrell contends that
the oniv chance many poor men and women nave
to see the Park is when they attend a funeral of a
friend, and they shall not be denied the pleasure if
be can help it.
R*nndsrnan Martin Bauvan felt the weight of his
own club, during a row on Sunday night, in Vanderbilt
avenue, near Pacific street. He attempted 1
to suppress a light, when the parties attacked him,
took lus club from him anil beat him with It over
the head severely. Three lingers of his right hand
were broken. Christopher Sinnet, one of the assailants,
was arrested and locked up.
An inquest was held yesterday by Coroner Jones
over the body of Dr. Allen T. Reller, at his residence.
-Sfl Washington street.. The deceased arose
from his bed about one o'clock on Snnday morning,
and in some manner fell from the third'story window
of his residence into the'yard, lie died yesterday
morning from the effects of his injuries,
'i'he deceased was fifty years ol age, anil leaves a
w ife and family. <
Coroner Jones held an Inquest yesterday over
the body of Margaret Jones at. the St. Peter's Hospital.
Tt was shown that the Sisters of the hospital
had found her In a room at 423 Hicks street, lying
upon the floor and exhausted from neglect. They
removed her to the hospital, and she died shortly
after she had been admitted.' The jury censured
her husband, Thomas, for neglecting to provide for
Ids wife and not calling a physician when she
was ill.
Some little excitement lias been occasioned by
the turning up of the bones of the dead who were
interred In what was Known as tho "Mount Pleas- j
ant Cemetery." An act was passed to extend !
Douglas street and HulTalo avenue through the |
cemetery, and the trustees purchased a large plot, I
in the Cypress Hills Cemetery for $?5,000, to which '
the bones were to have ueen transferred. This |
never 'vas done. Public notice to remove the dead
was given by advertisement in several newspapeis
! for n period ot over six months before the si reet '
i commissioners commenced operations, and during ;
the Kali and Winter of last year many persons reI
moved their dead from the cemctery themselves.
Now the bones of those left in the "cemetery are
' being dug up and thrown away.
A meeting of the special committee of the Hoard
of Supervisors, appointed for the purpose of secur
InjT an equitable valuation In the apportionment
of the State tax In Kings county, met yesterday.
Mr. Richard P. Itlshop, who has been engaged in an
Investigation of the valuation of property throughout
the State, lioth last year ami thts, with especial
view to the facts In the case, stated that he hail
made an Humiliation of eight counties this year,
outside of those made last year, and he
finds the average valuation <of property In
those counties to he six per cent, while
the valuation In Kings county Is firt 4-10 per cent. A
communication, prepared for presentation to the
State Assessors. was read, and It was concluded, i
after considerable conversation, to proceed to Albany
and request an equitable reduction of the
valuation of Kings county, and If the request was
denied to at once appeal to the courts for equal
and exact Justice, and In no account to be satisfied
with anything less. Tne committee will also endeavor
to nave the $800,000 of the $1,800,000
placed In the Kings connty State y?x account of
the canal delldciicy debt taKeu oflf this year If
posijble. ' i
S SHEET.
PURE WATER FOR JERSEY CITY,
Is It Another Montgomery Street
Experiment ?
An Timiiomo Job for the Contractor*-Iron Pipe
AbeUahed and Cement Pipe Substituted?The
Doetora Disagree?'Whet Happened in
Pittifleld and Brooklyn?Economy
with a Vengeance.
Another great job la being undertaken at the expense
of the taxpayers of Jersey City by the Board
of labile Works. The Committee on Pumping and
Reservoirs advertised for proposals for building a
thirty-six-inch conduit from a point near the west
bank of the Hackensack River to the receiving reservoir
at Belleville?a distance of 22,300 feet?trav
erslng the swamp known as the Hackensack Meadows.
At the meeting of the Board of Public Works,
two wi'cm uku, uiu cuiuimiiee reported in Jtivor or
the adoption of an iron and cement pipe, and recom- j
mended that the contract be awarded to the American
Water and Gas l'lpe Company.
Alter a brief discission the Board confirmed the
report of the committee, and awarded the contract
for $363,303. This bid was lower than that of the
iron pipe company by $130,000.
The committee in their report set forth the following
reamms for their recommendation, in addition
to the comparative cheapness of the iron and
cement pipe:? %
The action of Passaic wafer on cast iron, as shown in
existing conduits and distribution pipes, develops the formation
of accretions, sometimes designated "tubercles."
These in their earlv stage are small in size and
hemispherical In shape. Thev arc covered with a thin
scale, and (tiled with a substance resembling black mould,
slightly moist and of an offensive odor. They appear to
increase rapidly in bulk and numbers, until the entire
inner surface of the pipe Is covered with them. Their
growth not only diminishes the diameter of the pipe, but
affects its stability, as they destroy the metal beneath
them, changing its characteristics and tending to render
It unequal to the strain of even light hydraulic pressures.
They also taint the water, imparting to It a discernible
flavor. The oxidation of the outer surface of cast iron
pipes reduces its strength, and experience teaches that
coal tar varnish, as applied to cast iron, while a protection,
is not a certain preventive against rust The action
of l'assaic water on cement-lined pipes is entirely different.
Tliu diameter is not reduced and the face of the
lining, after years of use, is as clean as when first applied.
The sole effect of the water Is beneficial, hardening the
cement until its consistency equals stone. The danger of
rupture in the pipe is obviated by the gauge of the plateiron
to be used. Samples which have been tested, together
with the official certificate from the Southwark foundry,
are now In our possession. They show a tensile strength
of about f>2,our pounds to the square inch: according to
the formulas this iron In a tube of the required dimensions
will sustain five times the pressure to which it will
ever be subjected?a factor of safety sufficiently conservative
to ullay the fear of even the most timorous. Objections
have been urged against its use over the
Meadows, tor the reason that its rigidity would render it
liable to fracture at the joints in case of settling. Such
nhicftinn i?? scArrM* valiil A hnril Imttnm mulupllnu
llackensack Meadows, at a depth averaging less than
twenty feet below the surface, while the turr, murk and
root* form a mass sufficiently compact to prevent any
lateral motion to piles driven in it. The foundation as designed
consists or two rows of piles, the rows being two
feet apart, capped transversely with 12x12 Inch timbers,
the bents being twelve teet front centres, five courses of
stringers of Hxll) timber extend (breaking joints on the
capt>) over the entire line on the meadows,
and arc covered with a plank flooring, all
being secnrcly spiked down. On this foundation
a brick rradle laid up in hydraulic cement
will be built, in which the pines will be laid upon a bed
of cement one inch deep, l'he cradle will be covered
with a brick arch, the bricks Being bedded so that au
inch of cement will intervene between them and the
iron of the pipe. The conduit will then be covered with
twelve Inches of earth and sodded. Viewed in every
light the advantages arc with the iron and cement pipe.
Tlie quality ol the water is not impaired by transit
through it, and as the health of the entire population is
dependent to a great extent upon the purity of the water
this is a vital consideration, and secondary to none other
In importance. Tlie permanency ot the work Is guaranteed
by the method and material used in its construction.
While cast iron pipes constantly deteriorate, the cement
lining absorbs from the water elements that, perfect the
crystallization of its particles, and by presenting an impenetrable
barrier to oxidation the teuacity of the Iron
plates Is preserved intact.
So much for the iron ana cement pipe. From the
day the contract was awarded to the present there
has been a very strong feeling of opposition to the
adoption of this pipe in Jersey City. Many prominent
citizens solicited the opinions of experts in
the matter, numerous inquiries were made, and
Mayor O'Neill was requested not to sign the contract,
Among the objections urged Is the following
In the city of Pittsfleld, Mass., containing a
population of l'i.ooo, where twelve or fifteen miles
of the Iron and cement pipe had been laid many
yuars ago, 11 prvveu u complete laiiure. At a 10WU
meeting held last spring it waa resolved
to take it up and substitute iron pipe
instead. It bad been laid at a deptb of
seven feet below the surface and the
land was Arm and dry, so tbat the failure could not
be attributed to the sinking of the foundation. Yet
tbc inhabitants were taxed for continual repairs to
sucb an extent that they at length became disgusted,
and the result was that tho pipe was taken
up. It is argued that if such were the case on a
hard bed of land what will be the result in a
swamp f To this objection Mr. Ferris, who is secretary
of the company to whom the Jersey City
contract was awarded, answers that the iron and
cement pipe bis company proposes to lav down Is
an entirely different one from that laid in Pittsfleld,
and that the Arm bed of piling bricks and hydraulic
cement to be laid in the swamp will be equal to a
foundation of stone.
Mr. Craven, of the Croton Water Board, in answer
to many inquiries, warns the people of Jersey
City against the adoption of the iron and cement
pipe. Mr. Rhodes, Purveyor of the Brooklyn Water
Works, gives his opinions in the matter in a
lengthy communication, which contains the following
passages
Lour experience has shown that iron water pipes, for
conducting water into ninl throuuh towns and cities,
should, belore they are used, be subjected to a proof, or
internut hydraulic pressure of 300 pounds per square inch,
Iron and cement pipes arc never subjected to such, or,
as tar as the writer is aware, to any proof; because
they are so afraid that If placcd in a proving
press they would be destroyed by the pressure
required to close the ends sufficiently tight to
retain the water at that premuie. To give some idea of
what that pressure Is, suppose a pine, instead of being
placed in a press horizontally, should be set vertically
upon an Iron plate with a sheet of india-rubber interposed,
and the upper end covered by another iron Dtate
and rfheet of rubber, and upon this plate a weight which
would require a pressure of 300 pounds per squaro inch to
lift, and this weight a cylinder of cast iron?what would
be Its d intensions and weight if the pi pe to t>e proved should
be thirty-six inches in diameter (the size of those called
for by tin1 Board of Public Works; f Answer, 36 inches
In diameter,'J6 H ot H inches In height and the weight 153
tons. An interesting problem which remains unsolved Is,
how long a thirt.v-six-inch Iron and cement pipe twelve
leet in length, the Iron one-sixth of an inch thick, would
sustain that weight?
Alluding to his experience In the Brooklyn Water
Department, he says that the great difficulty encountered
in repairing the iron cement pipe led to
its disuse. Several miles of It were taken up and
Iron pipe substituted instead on account of this
Itreat defect.
An instance of this occurred on a twenty-lnrh line
connecting with a twelve-inch; it became necessarv to
take lip some fifty or eighty feet of the twentv and about
ihe same amount of tho twelve-inch, and replace It with
Iron pipe, having repeatedly attempted to make | orniaucnt
repairs, failing in which it became necessary to remove
it. Again, in building one of the main
lini> nf uiwi'i'i in th# kfrcnt thrnntrh whli.h >
twelve-inch cement wan laid, the settlement
uf the street and the changing of the grade
made It necessary to abandon about fifteen hundred feet
of cement pipe, all of which the Water Commissioners directed
to be replaced by iron pipe ; the pipes of cement
connecting with this main on lateral streets were also replaced
by iron, so tar as the change of grade required.
Aiinln, the time required for cement to burden sulllclently
to bear the pressure of the head of water alter the repair
Is made is in itself i\ groat objection. Manufactories are
deprived of wnter, and in consequence their buiiue^s
brought to a standstill for many hours utter the repair is
made. On the. large district "shut olf" lire hydrants aro
rendered useless, and great danger exists to property
from conflagration. The citizens are put to a needless Inconvenience
for the want of wnter for house boilers,
water closets, Ac. In order to avoid, it possible, such (111
Acuities it Imf been necessary in some instances to remove
the injured cement pipe and replace it with Iron.
The only member of the Hoard of Public Works In
Jersey City who voted against the adoption of the
Iron an4 cement pipe whs Mr. Clerk, who has no
faith whatever In its durability.
That sonic Improvement la needed for the convcyanee
of water to the people of Jersey City Is undeniable.
The water passing into the houses In
every section of the city proper is ho impure at
times that It is quite muddy. It is also Impregnated
with ferruginous deposits to an
iinu.siial degree, as may be ascertained
by the simple teat of tying a clean
white handkerchief across the orifice of a
faucet connected with the water pipe In any house.
As far as the cleanliness or the water Is concerned
Iron pipe is not the most desirable, but when a
question of change arises the taxpayers are In
dread of experiments like that of Montgomery
street, which recently sunk into the swamp and
which has already cost the people over ftsoo.ooo.
The foregoing arguments for and against tho Iron
cement pipe will, it is hoped, lead to grave deliberation
on the part of the city authorities before
they undertake to squander the public money
again.
A MONSTROUS NUISANCE.
Washington Market Damping Ground?
The Air Poitnned by Exhalation* from
Decomposition for the Benefit of Mpecu*
latora In Manure.
Pier 20 Nobtii River, August 26, 1872.
To ttib Editor of tiif. Herald:?
You would confcr a favor on the public residing
In this neighborhood If you will, through the Herai-p,
bring the attention of the Health oUlcers, the
Corporation officers, or any and all whom It mcv
concern nnd who have outhorlty In such matters,
to the intolerable nuisance located at the foot of
plur 22 North Kiver. This nuisance consists of a
manure pile containing hundreds of tons. The
nuisance ID permitted to remain under the
plea of the privilege of dnmping Into scows
at the end of the plor. A great part of
this imjnejitte Pile has remained wbcre it now
ttea Itor over fonr yean, and nan, of course, goflq
through tbe work of decomposition. This fact en-1
hances Its value more than four fold, and It is t<*
satisfy this Inordinate love of lucre that the healthr
of the thickest settled part of the city Is to be compromised.
At present a large portion of this huge,
pile of late accession is undergoing decomposition
and throwing Its loathsome effluvia in all directions.
For live hundred feet In the direction of tba
moving atmosphere the stench Is intolerable. On
piers 20 and 21 three men have sickcned and die<l
within a month. To solve the mystery the sun, of
course, was charged with the fatality, bun
there is every reason to believe that Mia
malaria in the air, by stifling respiration,
had more to do with sending them to
their long home than the hot weather. Thla
nuisance is tolerated within forty feet of the vegetable,
fruit and meat stalls of West Washington,
Market, and the loathsome smell that car passen^
gers have often to endure in passing the market
can be traced directly to this decomposing manure
nuisance, and not to spoiled meat and dead rats,
which usually have to bear the blame.
To-day It is almost impossible to work on the adjoining
pit r?. cannot something be done to abata
the nulsaiK "? The nuisance being hidden from tha .
eve by the rickety sheds of the market, very few,
citizens of New York would believe that a dumping
ground is locate* directly under the eaves of ttia
'market from whence is obtained the very necessl- 1
ties of life. * * m
,
JUSTICE FOB THE ORPHAN.
Randall's Inland Cruelties Revived lot
jersey? A Peep Into the Soldiers' Chili
dren's Home?A Boy Six Years Oldf
Lashed with a Dog Whip?The Keeper
Committed tor Trial.
A case was brought before Justice Doer, at Tret*,
ton, yesterday, which recalls the Randall's Island'
cruelties, and which will lead to an Investigation*
into the management of the Soldiers' Children'^
Home, an institution under the supervision and
control of the State of New Jersey.
The complamant was Mayor West, of Chambersburg,
and the defendant, Holmes Probasco, one.ol?
the officers of the institution just mentioned. Probasco
was charged with cruelty to one of the inmates,
Merrick Arundale, a lad only six years ot
age.
Mayor West said that on Tuesday last he wa?
working in a cellar, near the Home, and heard a
great screaming from the children. I went out t?
try to see what it was, and heard yie sound of
heavy whipping with a lash. I got up on thefence,
and then I saw Probasco whipping a
small boy unmercifully with a dog whip..
The boy had not anything on but his shirt
and pants. I was off about two hundred yardswhen
I heard the screaming. Several other boyrf
were screaming, some time ago Mrs. Dayton cama
to my house and urged me to send a police offlcert
to look after the place. Mrs. Dayton said that the
domestics were out at all hours receiving company.
The female domestics were In the habit of going toS
a lager beer saloon kept by a man named Moran. |
did send a police oillcer to watch, and he reported:
>o me that he did see visitors there, hanging round,,
but as they did not make any noise ne did not
arrest them. 1 have heard of puuishments before,
being Inflicted, and complaints have frequently
been made.
(Jeorge Caldwell testified that he heard the whipDing
and the screams; he was about two hundred
yards otT when he heard the blows.
The witnesses were cross-examined by Oeneral
E. L. Campbell, who represented the Institution.
On the part of the defence, Mrs. Campbell took
the stand ami testifiedI am employed in the institution,
and have been so for three years and three
months; Probasco lias the general charge and care
of the boys when they are out of school; he is &
steward, ami ins duty is to mind the boys when?
they are In the grounds; the matron ha?
the puuishment of the boys out of school, and the'
teachers their punishment In the school; thera
have been a few Instances of punishment by)
others; they have been spoken to about it; some on
the children are utterly depraved; I think ther?
are U4 children; this boy's name Is Merrick A rundale
; I have been compelled to punish him; ha
will scream before he is touched; he has screamed1
at the dinner table, been taken ont, anu then
turned somersaults afterwards; he has been caught
stealing various things; he has broken!
locks at the base ball ground; complaints*
have been made against him by Mr. Chambers and
others: the helps of the Institution are not permitted
to go out without consent, and I have not known
them to fTbqnent lager beer saloons, as told to Mr.
West; Probasco gets his orders from the lady managers.
Mayor West here interposed, and said that tha
children are permitted to run about Just as theyj
?please, and if Mr. l'robasco has charge of them, an<*
lets them run about and get into mischief, the punishment
should be visited upon him, and not upon
the children.
In reply to the Court the witness said:?Tha,
regulations have not been printed since tney werq
adopted; there is no report, except to the Governor
of the state; the right to punish is given orally by.
the Board of Managers; they generally give us instructions,
and the teachers of the school get thelfi!
instructions from the School Committee, and tha
house is managed by the House Committee.
Holmes Probasco, the defendant, testified?A complaint
was made on Monday morning that the lockd
of the base ball grouud had been broken; on Mon-?
day evening the boy Arundale was ont until sever*1
o'clock; I round him and took him to the Horn ai
and after that the boy went away again; Mrs.
Pumnhall nrnnt nnt ami hunfAfl all arnnnrl fnr him
and lound him at last outside th? feace: I had
promised to give him a switching, and I think I
took tho whip and struck It across my boot lejrsj
so as to scare hiin; ( gave him three or four
cuts and then Mr. West came up; I may have whip*
ped others at other times; I could not controk
them without puuishing tliem; I have tried mllil
measures and every way to control them; it 19 not)
an easy thing to do.
Mayor West gave rebutting testimonyI heard},
at least, twelve blows before i got to the places
and he struck one blow after 1 got to the fence an(f
one after 1 got on the top of the fence; the children*
were screaming out aud were scared; I would
not whip a dog In such a way aa he whip-,
ped that, child: if I had a child at that institution
1 should take it a way directly; I think the States
ought not to permit the employment of those whai
seek to control children in such a way; it was out-,
rageous; this gentleman and lady here were down
in the Swamp, and left these boys to ran about as
they pleased, and they were coming up with their
pockets tilled with apples and other fruit; the children
were permitted to commit depredations;
while these persons, who had charge at them, remalned
down in the Swamp.
Mr. Probasco was recalled and he testified that
four persons had charge of the boys; he admitted
the going out complained of, but it was a little ex*
ceptlon.
General Campbell, on the part of the institution,
said that the children are wards of the State, and
just as it was necessary for a father to correct hia
children, so was it necessary those children should
be corrected. He contended that there had not)
been punishment that was not necessary. Whlla
ne gave Mayor ?vcsi creun lor uie uesi micni'iuiis*
yet, instead or pursuing tho course he had done, in
causing the arrest ol Probasco, ho should have
made a direct complaint to the Lady Board of Managers,
wlio, with that kindness and efficiency which .
always mark their conduct, would have caused an.
inquiry to be made.
Mayor West replied that the Institution did nob
appear to be properly managed. There must l>q
blame somewhere, as the children are dirty ana
ragged unless at such times as they are "fixed up1'
for going out or to be inspected.
Justice Ducr?It seems to me, from the facts adduced
that the institution is not properlv managed.
I think there is a sufficient case to go to Court, and|
shall hold Mr. Probasco in the sum of $200 to answer
there the charge preferred of having cruelly
beaten the boy named.
THE FIRE IN WASHINGTON 8TBEET.
A fire brokf sfit yesterday morning in the bonded
warehouse No. 8 Washington street and No. 6 West
street, that caused a damage to the building,
which belonged to tho estate of Stephen Whiting,
of $1,000 and to the stock stored in it of $76,000.
The warehouse was occupied by (lharles Zust, Vanderhorst,
Boogler A Co. and a number of other firms,
almost all of whom were insured. The lire was caused
by a workman employed about the building, whq
went up to the third floor to get a sample oi
brandy, carrying a lamp in his hand. His foot coming
in contact with something just n3 he was in tha
act of drawing the brandy, the lamp fell from till
hand Hnd was broken on the floor. The flamefi
speedily reached the brandy, and In a short t.lma
the pluee was on fire. The man was so alarmed
that he was for the moment powerless, but ha
rushed down the stairs and informed tho
employes of what had occurred. An alarm
was given, and In a lew minuted
Kngines Nos. 4, 6, 7, !>, 10, 12 and 29 were on tho
ground, followed by the Hook and Ladder Companies
Nos. I and to. By the time the firemen arrived
at the warehouse the names had reached tho
fourth and fifth floors and wero sweeping all before
t hem. The firemen worked so astdtiously, however,.
Him in .1 i uii|>ib ui tuiurs iney were aiue to get iniw
the building and check the further)progress of tho
flames. Kortunatelj the lire did not extend to
No. f> West. street, which buying was Have*
by being separated from tne one in Washington,
street l>y a yard. The third, fourth and fifth floors
were completely gutted, and the good* stored on
them destroyed, but the merchandise housed oa
the lower floors and cellars wift unharmed.
Jhe following Is a list of the linns who had good*
stored In the burned bulltau^Ywuderhorst.
Boegler & Co., dealers In wine* and liquors, 11
Heaver street; Bhulty, Tailor X Co., wine and
liquor merchants, as Beaver street; William Fret,
dealer in champagnes; Samuel Thompson, Nephew
A Co., of Broadway and Church street;
Herman Pont tig, musical instrument dealer. Maiden
lane; Louis Degolnge, of 71 Dnane street: Bartlett,
Bury, Ileld A Co., dry goods merchants, of 661
Broadway; J. B. Mureck A Co., druggists, J7 Cedatf
street; Oscar DeUsle A Co., ImporteiYof wine, of 69
Walker street; Zergerman \ Co., dealers in aunsj
Frond k Cevero, of 118 Pearl street. Fire Marshal
Mcspedon will hold an Investigation into till
en uses of nre to-day.