The New York herald. [volume], June 19, 1875, Page 11, Image 11

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

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THE COURTS.
Tlie American Brig Mary Chilton?Her
Seizure and Abandonment.
THE ERIE LITIGATION.
The Tammany Society
Mandamus.
SERIOUS CHARGE AGAINST A LAWYER.
In the Uolted States Circuit Court, yesterday,
belore Judge Benedict, the case of William Man*,
who 18 indicted for selling counterfeit money, and
"oostrucung Justice," was postponed, In toe al
ienee of delendant's connsei, until Thursday next.
Defendant alleges taut he is too pour to summon
witnesses and the Court Informed him that if he
put that statement in the rorm of an affidavit the
District Attorney would attend to It.
Vincent Palmero was put upon his trial yeBter
lar in the United States Circuit Court, on an in
dictment charging hi in with Dassing a $5 counter
feit bill on *n Italian grocer, named Montegrlffo,
In this city. The case lasted all day and resulted
lo tae conviction of the prisoner, who wa3 re
manded lor sentence. The Court adjourned till
Monday.
Yesterday, in the United states District Court,
the government commenced a suit against Robert
Haydock ami George Haydock, for the purpose of
recovering the sum of $100,000 on an importation
of earthenware, at an alleged undervaluation and
false classification.
John Whitley, a boy, fourteen years old, was
taken before Judge Davis, in oyer and Terminer,
yesterday, on hlB own petition, to be allowed to
return to his mother and to be released from the
custody of Mr. UcDaniels, of racing celebrity, in
whose employment he was. It appeared he had a
salary ot $2i a montn irom his employer, under
an agreement with the boy's mother, but he al
leges that he is ill-treated and dlssatisfled and
wishes to break the agreement, but that be is
forcibly detained. The ill treatment was denied,
but Judge Davis thought it best for the boy to
allow him to return to his mother, and therefore
granted tne petition.
Phuip Olwell. recently convicted of manslaugh
ter in the lourth degree In the Court of Oyer ana
Terminer, In having, In a drunken light in a shanty
on the rocks between Seventy-elghtn and Seventy
ninth streets, near Fourth avenue, caused the
death or James Orr, was yesterday sentenced by
Indue David to one year's imprisonment in the
Penitentiary.
There was to have been a further hearing yes
terday In the Wishart habeas corpus case, before
Judge Davis, In the Court of Oyer and Terminer.
On application of counsel lor time to procure some
documentary evidence irom Philadelphia the
hearing was postponed till next Friday.
THE STEALING OP THE MABY CHIL
TON.
The readers or the Herald will remember that
not long since an account was published, giv
ing the particulars of the stealing or the Ameri
can brig Mary Chilton, the property of Henry
Moss, while she lay in the harbor of San Andres,
In the United states of Colombia. The name of
the Captain of the brig is J. Syperelt, and, taking
advantage oi his absence on shore, while he was
looking after additional cargo lor his vessel, the
mute, Daniel Lawson; the steward, Charles Boruss,
sua three able-bodied seamen named Winiaui Bar
rett, oi New Yoric, Frank Albert ana August Hock
math, Uermans, a< is alleged, lelomou-'ly took
pos.-essiou ot the uric and ran away with her.
Besides toe crew mere were on baurd two
passengers. Captain W. 11. Harvey, un
American citizen, late master oi the brig
Frances Jane, ot Baltimore, and a Spaniard whose
n?me is not known to the Captain. The cargo
consisted of Inata-robber, cocoa nuts, hides, cot
ton, Ac. After the vessel liad been at sea a -hurt
time the crew lound tiist tney could not success,
tully navigate her. Some oi the n, accordingly,
provisioned a boat, aud, getting into this i>uat,
tney made for laud, ltier leached the ismnd of
Cuba, out they did not want to disembaric there.
Their movements were observed by cubao offi
cials. and tliey were notified that li they did not
CuDie asucre they would be hred upon. Coder
this threat tuey submitted, anu Me moment tney
touched the soil of Cuoa thsv were placed under
arrest. They had abandoned the vessel in
the uolf of Mexico. Yesterday the captain
In company with the legal representative or D. do
Castro A Co., who are the agents of the Mary
Chilton, appeared in the United States Circuit
Court, oetore Commissioner Shields, and made an
affidavit setting lorth the facts or the case, and
praviug that the government would talte steps to
have tne crew arrested as soon as they snail have
arrived in this port irom Cuba, it is charged mat
t ae mate, Lauson, made an edort to sell tue cargo.
Th;s case, it it snould come before the Court,
promises to be exceedingly Interesting. This is a
class oi offence oi rare occurrence. A very heavy
punishment is attacaed to it.
THE ERIE LITIGATION.
Two .anlta bave been commenced against tbe
Erie Railway Company, tbe tlrst by J. C. Bancroft
Davit, to foreclose the firth and supplemental
mortgages, whlcu are really one, on wmcb mere
are about $700,000 outstanding; tbe otber by tbe
Farmers' Loan and Trust Company, to foreclose
tbe two consolidated mortgages issned in 1870 and
1874, on tbe tim of wbicn the complaint avers
tb.it $lo,66u.ooo are outstanding auu on tne sec
ond of wuich $26.u0o,ooo are outstanding. Hie
interest on $15,000,duo of these was uue June l
and tbe company made default upon it. on both
suit- a foreclosure is asked, and on botu su.ts Mr.
Jewett uas been appointed receiver on Ktvin*
bonus lor $5ouooo. and lie nas tiled Ills bonus to
that amount. Tbe order granted on tbe second
mlt is made an the affidavit of K. 0. Koileston,
President of Hie trust company. Tne papers
tlleu are ibe coniolamt in the first mentioned suit
aud tlie oruer auu tue affidavit of Mr.
KoUeston aud tue order. on tne second
mentioned suit. Tbe order in tbii second
mentioned smt appoints ex-Judire James C. spen
cer reieree, wltu autuonty. whenever, tn u/u
uotolteuer thau once a montn, Mr. Jewett desires
liini, to pass bis accounts. Mr. D-irman B. Eatou,
ou bebau of tna bond Holders of tbe uuffalo. Brad
ford and Pittaourg Railroad, tweuty-tbree and
oue-quarter miles long, ou wmcn $a.oo,ooo or
bonus nave been tssurd. guaranteed by tbe Erie
Railway, puts In au answer claiming tne protec
tion 01 tbe court.
Meantime nothing bas turned up in the courts
to far iu reiauon te tbe above suits. but tbe above
mentioned preliminaries are indications 01 a lively
summer camiiaigu wnen the matters once get
before the cohrts. _____
THE TAMMANY SOCIETY MANDAMUS.
A lively dlscusaion was anticipated yesterday in
Supreme Court Chambers, beiore Judge West
brook in regard to tbe alternative mandamus
granted a few days since againtt tne Tammaay
Society, at tbe suit of Nelson J. Wateroury, one of
tbe members. Augustus Scheli, Joel Stevens,
fkomaa bitmap and several other prominent
laobems were present, with taeir counsel, Mr.
Henry L. Clinton, ready to make a return to tue
writ, aud thus bnug in issue the quesuou of the
right of Mr. Wateroury to nave tue mandamus
uiade pereuiptoty. The alternative writ, as pub
lished at tbe time in tbe Ukxalu, ?a< obtained,
as wilt be remembered, ou tbe representation
made bf Mr. Wateibury that tne >ocn>ty was about
to institute proceedings to expel him; tnattuere
was no justifiable oasis for ?ucn procedure, and
that tbe mandamus was necessary to compel tao
locietv to ruruisti uim witn a copy or the provis
ions under wmcn sucn ptoceedinas were being
taken. An injunction accompanied tbe alterna
tive matiuamus restraining mriber sctioa lu the
matter uutii the society lurnita Mr. Wateroury a
iopy of tne oonstitution and oyuws dsmanued
iv biu.
Ex-onief Justice Barbour represented Mr.
ftateroury, aud asked au adjournment on tae
jiosiiu 01 tne absence wl Mr. Wateibury at Albany
a tee areunienr 01 a case before the court of Ap*
leais. ,vir. Citutou opposed this application, lu
tuting that inasmucu as Mr. Wateroury himself
fixed ou the day wnen the return suouid be made,
he was boana to oe present or nave counsel act
lor Dim, and lurtber, 111 view of tne iac: thut the
action of tne society was restrained by injunction.
Judge West brows said tnac 11 the hearing was
insisted upou ue would be bound to near tnem,
but he sugaested tna: it would oe better to nuve
Ur. Vvaternury urei-oul. rue iieariutf was dually
postponed one week, und toe crowd of Mscuema
loit, appai eutly not over pleased at the delay.
MARINE COURT?GENERAL TERM.
Betors Chief Justice shea and Judges Joachimsen
and Aiker.
unions coabob aoaikst a uwiu.
la the month of J uue, life, la a ease pending in .
?a*a aoofl. Wuiiase K. Loew, a lawyer, niaJa ]
charges against the Langbem Brothers, attor
neys, that they had erased certain words from a
pleading, in order ;o make It appear lie had made
a mistake, and so its to cuter judgment against
his client. Tne Laagbeins made a counter charge
that Mr. Loew had himself rnudo the erasure for
the very purpose or milking the charge and va
cating the Judgmeut they had entered. On this
charge und counter charge an Investigation was
ordered to be had beiore a reieree.
The releree lound In lavor of the Lansroeiu Bros,
and that William N. Louw had made a lalue and
malicious charge and had hlmseir made the
erasure the subject of inquiry. Mr. Loeir had
desk room in an otllce with Uymes H. Loweuthal,
an attorney, at No. a Chambers street, and the
erased paper was first received by Lowenthal and
was in his possession about ten or twenty
minutes. Mr. Lowenthal was a witness against
the Langbeiua beiore tne releree. When the
referee's report came before the General Term
Chief Justice Miea wrote au elaborate opinion,
concurred in by Judges dross and Alker, iu
which tney ilaed Mr. Loew the sum of $480, and
that ue stand committed to the County Jail until
the fine was paid. Before this decision the I.ang
beins made a motion before tne .supreme Court,
General Term, to debar Loew, on winch action Is
still pending.
Tue General Term of the Marine Court, in the
branch oi the case brought beiore It, issued an order
to show cause against Loweuthall why he should
not be tiunlsned lor contempt of court In mukiug
tae erasure In que-tlon or conniving ut it. Tne
motion cume up yesterday motniug. Mr. .samuel
G. Courtney, appearing for Loweuthall, read a
number oi allldavlts denying that Loweuthall had
made thu erasure or was privy 10 it. Mr. Langkin
submitted evidence to snow that Lowentuali had
made tue erasure or was a party to it.
Chief Justice Shea, in taking the papers, said
the question before the Court was who was the
party nuilty of this erasure and simulation ol eru
sure. supported ov perjury aud simulation of per
jury on one side or the uther. It was not neces
sary that a lawyer snould be a vulgar criminal to
make him unbt 10 be a lawyer. In the army a
party Is casnlered wtien guilty of conouct unbe
coming a gentleman, aud he hoped that thestaud
urd of morality in the legal profession would not
tall below tnat which prevails in the army. Tuese
worm oi the Chief Justice drew applause iroin the
numerous counsel present. Opinion was re
served.
MARINE COUliT?PART 1.
Before Judge Alker.
IMPORTANT BUILDING CONTRACT.
Joseph Koss vs. Robert Finan.?This was a suit
to recover $900 iroin tne defendant, a working
man, lor alleged breach ol building contract. It
appeared that Finan Invested his savings in
building a house at Hunter's fomt, arid entered
into a contract with Ross to ereet the dwelling at
a cost 01 $7,000, according to plans and specifica
tions supplied by the architect, Bernard McGurk.
The work proceeded and Finan paid up each in
stalment promptly. At the last instalment for $?oo
Finan reiused further payment, alleging that Koss
had not co*suucted the building according to
agreement. Ross brought suit before a referee,
but on defendant putting in a counter claim for
$3,ooo he withdrew the suit and paid ex
penses. Suit was then brought by him
in the Marine Court, at whicn several
experts tesfUed m behalf of Finan that the erec
tion of the building was a "job," and that Boss
had given bis workmen to understand that it was
so. from departure Horn the terms of the con
tract and the defective work the experts swoie
that Flnau's loss was over $3,oo0. On the llrst.
trial ol tne case a verdict was returned for the
plaintift Boss, in JtiOO, which verdict, on motion,
aud argument by Mr. Courtney, Judge Spauldiug
set aside and granted a new trial. On this second
trial Judge Alker neld that the certificate oi tue
architect, McGurk, sett.ng lorth that the work
was propeily performed by Boss was final, thus
excluding all evidence for the deience, and di
rected tue Jury to bring in a iormai verdict lor
the plaintiff. Notice of appeal was gives, ana a
stay of proceedings grantee! for thirty dava.
MARINE COURT?PART 2.
Before Judge Gross.
ACTION FOB SERVICES AS TRAVEL LEE.
Redlick vs. Herzoc et al.?The plaintiff is a trav
elling ualcsmau, and claims to have entered into
the services of the detecdauts, a jewelry house
in Maiden lane, lu March, 1873, to continue until
the loilowlng January, at the rate of $160 a
month. He says he performed nis duties faltb
lully, only using his own discretion in selling, as
salesmen ordinarlLr do, and that the cause or his
discharge was soma difficulty arising between his
branch of the family and that oi the defendants, to
wtioiu he wus distantly related. The deieuuauts,
on ttie otnet hand, testified that he was only en
dued ou trial, that he did not ooey Instructions,
and that they were airaid n they continued niu
any longer ne would become ib# boss anu tney the
employe*. and not being able to stand lutn any
longer they sent him away lu October. Tins ac
tion is brought lor sa:ary for the remainder of the
year. The jury reuuered a verdict lu favor of the
plaintiff fer the mil amount claimed.
DECISIONS.
SUPREME COUBT?SPECIAL TERM.
By Judge Van Vorst.
Goodwin et al. vs. Einstein et aJU?Complaint
dismissed. See opinion.
By Judge Donohue.
Sno Igrass vs. Krenkal.?Motion denied, with $10
costs.
COURT OF GENERAL SESSIONS.
Before Recorder Hackett.
TRIALS AND SENTENCES TOR LARCENT?AC
QUITTALS.
in the Court of Oeneral Sessions yesterday
James Qulgley pleaded guilty to an indictment
charging him with stealing, on the Sto of May, a
bale of tobacco, valued at too, the property of
William Hougoiand. He was sentenced to the
State Prison for four years and six months.
Edward Jones, who on the 30th of May stole a
pocketbook from the person of Mrs. Anna Hen
rietta, while she was passing through the museum
in the Central Park, pleaded guilty to the allega
tion. The sentence passed by His Honor was im
prisonment in the State Prison lor three years and
six moiitiif.
Kicusrj dagger, who was charged with entering
toe liquor store of Michael Boyian, No. 500 \Ve*t
Tnirty-tmrd street, on tne otn init., and stealing
$5 worth of lead tape, pleaded guutr to petit lar
ceny. The youth was sent to tho Penitentiary for
six mouths.
Thomas Mar key, Thomas Hill, Uenry Merers and
Isaac Wulie were tiled upon an indictment eoarg
lug them with leiouioueiy appropriate# to their
own use a silver watch, seven snirts und a lew
yards ot llauuei belonging to I'atrtcK Marker. The
evidence developed the lact that tne defendants
went to the house of the complaiuant, 111 l>elun
cey street, in August, 1873, unuer a judgment ren
dered oy one oi tne district justices to get pos
session of property belonging to Thomas Marker,
and it was claimed that among the wearing ap
parel was the watch. As tneie wan no reionlous
luieut shown, the jury, without a moment's hesi
tation. rendered a verdict of not guilty.
Anuie Ktilsset was tried upou a charge of steal
log a pair Of gold earrings, valued ai $36, ou the
2d of Junr. 1873, belonging to Joita Collins. The
evidence did not establish her guilt and the jury
promptly tendered a verdict of acquittal.
Lavinia Hrower and Mary Williams (colored)
we. e also acquitted upon an indictment charging
them witu stealing 117 irotu Christian Mentzei, ou
the 20th of May. at a house in inompson street.
lleury Kreed was acquitted of stealing a pack
age oi orooms, valued at $0, the property or Will
iam Lynch.
COURT OF SPECIAL SESSIONS
Before fudges Blxby, Kasmire and Hammer.
DEFRAUDING A OAS COMPANY.
Oscar May, a brass finisher, in the employ of
Messrs. McLewee A Co., of No. 1,208 Broadway,
was convicted of defrauding tne Manhattan Qas
Company or gas, und was lined siuo. counsel ior
toe ueienuaut took an appeal from me decision.
CRUELTY TO ANIMALS.
John Lawler, or East Forty-dub street, was
fined sis for driving a horse unlit lor use. Mr.
Bergh produced a photograph of the horse. Tho
picture represented a poor, emaciated beast,
with side bones sticking sharply oat, and looking,
indeed, as tboagn nis days of useruluesa were
pas:.
William Banson was fined Hi tor hiring oat a
horse not fit ror use. Last Tuesday anotner mau
w as fiued $10 for driving tais same auuaai.
A RHEUMATIC STOUT.
Michael Coffey, proprietor of a liquor store at
No. 110 Tenth avenue, and David Halpin, were
Jointly accused oi assaulting Officer mcuiqd, of
tae Fiftesuth precinct. The circumstances were
thesoMcOlnn called at Corlev's srore and said
he wanted to cure the rheumatic agonies or his
aervant. He was at once accommodated and
went away, cot having paid, however, for tne ar
ticle. In hitlf an hour or so ho returned and de
claimed, iu an indignant ttraiu. ugaiosi tits
quality of tho wuiskey. Hulpib, wno was a by
et.iuder at the time, and wuo is dountless a
judge, remarked tuat he (the offl'-en diu'nt know
what good Itquot was, wnereupou the kmgut oi tne
ciubie'orteu mat he ougnt to snow, as ne maae
it iu the old country. Woras followed and broke
lutu an altercation, and dually enued
in fight, tne policeman coming off second best,
ibe testimony did not sno* in*t Curley partici
pated lu tite me.?e aud ne Was acquitted. Tie
court, hewever, believed ttaiyui tauiy. luaatuuea
as he (track the offlcsr while lying on the floor,
and tic wa* sentenced to pay a tine ol $20.
TOMBS POLICE COURT.
Before Judge Duffy.
AKKKH'l'liD ON THE FLY.
Tnenius wiuaton, of No. S Ninth avenue, left hla
horse and wagon at Peck slip yesterday morning
wulle Uo went to attend to some business near by.
Thomas Clark, of No. 06 Forsyth street, tiaving aa
eye to bis peculiar business, availed hiuoseii of the
opportunity ol Winston's absence, and, jumping
Into the wagon, drove off. lie iian gone only a
block whou he was arrested. Held to answer at
the General Session*.
WASHINGTON PLACE POLICE COURT.
Beforo Judge WandelL.
ALLEGED UOKbK SWINDLING.
Christopher Brings, a horse dealer, of No. 39
Bleecker street, was arraigned before Judge Wan
dell yesterday on two separate charges of swind
ling, preferred by Francis F. Coleman, of Bed
Bank, N. J., and Alexauder C. Laurens, of Nc. 80
Clinton street. Last January Mr. Colemau stated
that he was induced by Brlggs to buy a horse for
$100. which was represented and warranted to be
sound and kind in every particular. A few days'
trial proved the reverse, uiul Mr. Coleman called
on Brlggs and received another horse in ex
change. The second horse proved even
worse than the flrst; ami Coleman, coming
to New York to get rid of the autmal, was arrested
on hla way, on tne complaint ol Frederick stoma,
of Filth avenue and Sixth street. Brooklyn, who
testiflcu that the horse 111 question nau been
stolen from nlui some time previous. Shortly
afterward Uriggs sold another hoiuu to Mr.
l.aureus for $40o, slating that he was acting as
agent lor Robert Cassot, of Trenton, N. J. This
horse was also warranted sound and kind in every
particular, and when Mr. Laurens found that, he
nad oeeu swindled he went to Trenton to looit lor
Mr. Casaot, ami discovered that no such person
lived tliare. In the meantime Mr. Colemau's
friends were iuiormed oi the nature or Brings'
operations in horsetlesn anu procured Mr. Cole
man's release lroiu itai inoud Street Jail. All the
parties were at Washington Place Police court
yesterday, and Briggs was neu in $2,000 oail to
answer on bom complaints.
THIKF AND RECEIVER.
William Corrlgau, a porter in the employment or
Wesley W. Jones, of No. 107 Grand stroet, has
been suspected by his employer of robbing him (or
a long time. Detective Keaiv was engaged to
watch Corrigan, and on Thursday morning the
olllcer noticed him trying to pass a small bundle to
a man, who was standing outsMe of the door, but
returned luto the. store again on ttie en'ranee of a
customer, ana placed the bundle behind some
boxes, where 11 was found suosequeatlr by an
other ol the employes named Firman. In the
eveuing Corrlgau was urresteu by Detectivc Keaiy
on leaving the store, and made a lull coulesslon,
saying that lie had disposed of different quantities
ol goods to Abraham Alexauuer, ol No. 27 orchard
street, ^lexauder was als > arrested and he and
Corrigan were held In $1,600 bail to answer by
Judge Waudeli yesterday.
ESSEX MARKET POLICE COURT.
Before Judge Morgan.
THE TALK OV A WATCH.
Benr? Lyons, the proprietor of a low distillery
at No. 107 Hester street, had Thomas F. Mullin,
his barkeeper, arrested last Thursday, whom lie
charged with stealing a gold watch cnaln from
him. Attached to the chain alleged to have oeeu
stolen was a gold watch, with the name of John
W. Irwin engraved Inside. Detective Dyer, of the
Tenth product, saw the wiuchand weut in search
ol Irwin, who was found at No. ill Broadway, and
at once ldeutilled the watch as his property. Mr.
Irwin seated that ou the 26tit oi last May he had
strayed into Lyons' place, in liester street, and
was escorted by Lyons into a back room, where
be lay down and leu asleep. He woke up the next
morning, and his watch, which ne Identilled yes
terday as the same found on Muilin,
was missing, as also $30 iu money. Lyons
was arrested by Detective * Dyer, and
was brought beiore Judge Morgan at
Kssex Market Police Court yesterday. Mullin, the
barkeeper, was held the day before, on nls own
couiessiou, iu $l.ooo bail to answer. Lyons, lor
want oi sufficient proof of having stolen tue watch
from Mr. Irwin, was discharged, Judge Morgau
remarking at the time tnat the case was very sus
picious. aud he discharged Lyons very uuwiilingiy,
but would hold nun in $5oo ball to appear as a
witness against the bartender, Mullin. thereby
insuring his (Lyons') presence should the District
Attorney see flc to have him indicted.
FIFTY-SEVENTH STREET COURT.
Before Judge KUbreth.
A HOUSE AMD WAGON- THIEF.
John B. Caden, No. 101 West Forty-artb street,
charged CorueUus Van Winic, on information and
?telief, with the larceny of a horse, wagon and
harness belonging to film, und or tne value of
$216. The accused denied ms guilt, but was com
muted for examination iu delault or $l,000bail.
TILL TAPPING.
Frederick Banfleld, seventeen years of age, of
No. 30 West Twenty-sixth street, w*s charged wltn
stealing $30 from the money drawer ol Daniel
O'Connor's grocery store. No. 781 Sixth avenue.
When anested the money was lound concealed
inside his shirt, next to his bony, and on being
called upon to plead in Court said oe nad nothing
to say. He was held In $1,000 to answer.
BROOKLYN COURTS.
COUBT or OYBB AND TKBMIXEB?THIRD DAY OF
THE TBIAL OT UBS. MEBBIOAX FOB THE
MUIlDKB OF MABG AIlET HAM MILL CLOSK OF
THE TESTIMONY FOB THE PBOSECUTION.
The second trial or Mrs. Saruti C. Merrlgan for
tbe alleged murder or Margaret Hammlll on the
2d day of September, 1873. la tbe tenement house
No, i?0 Mntb street, was resumed yesterday
morning tn the Kings County Court ol Oyer and
Terminer. Mri. Merrlgan was In court, accom
panied by her motoer and daughter. There wag
a large Increase in tbe number or spectators,
many of tbe individuals who had regularly attended
the Tilton-Beecher case seeking variety In a trial
for murder, in consequence or tne adjournment of
the scandal suit.
Maria Caiahan, a resident of East Tenth street,
New York, was the first witness sworn. Soe tes
tified to being acquainted with Margaret Hammlll
and to seeing her on tbe afternoon or September
1,1873; paid her tne sum oi $ea 44 torrent, wnlch
sbe put in her reticnle which she carried at her
aide.
Mra. Mary Qrlerson swore that In August, 1873,
Miss liammlU lived at No. 236 West Koriy-elgliiu
street, the same house occupied by tbe witness;
last saw her on the 2d or September, 1873; she
went away arter iuucn and witness bad never seen
hersiuce; on the following Monday some police
officers came to tbo house, and witness showed
tnem tue rooms lormeriy occupied by Miss tlam
miil; they opened iter trunks aud examined 'heir
contents, wi.uess identified a sei of Jeweiry as
mat worn by Miss ilainiulii when she left tuo
bonne.
xrs. Mary J. Bird testified that in September,
1873. sbe lived at No. 1?J Ninth street, two doors
iroui .drs. Merrigan; oa Tuesday, septuuioer J,
ane saw a lady answering to tbe dcxcriptiou <>f
Mum Hatumlil pass her house; snu carried a olack
leather oak lu tier baud and bad a Utile red satcuel
iastened to a b-*lt auout aer waist: on Tuesday
aliernoon, when witness was at tier window, sue
saw inat the ?Uods on Mrs. .uerngan's windows
were cluseJ ana tied witb cords; beard tne noise
or some one lighting, auu three screams like those
ol a wutnau ; it was aimoat night wn?u tue wit
ne.-s nearu tnis struggle; saw tne tire on Thurs
day uiirut; the wouiuu who carried tbe black bag
went into the alleyway leading to Mis. Merngau'a
house.
the Assistant District Attorney rested the case
lor tbe peopitt.
UtMieralTiacv then moved tbe Court to direct
an acquittal on the ground of insufficient evi
dence. In support or tne motion ne said that tbe
accused wasjuiutly indictee witn her husbaud on
the charge oi muider, and there were two points ,
he desired to discuss, i oe question was wnetner
a wife could oe convicted of a crime committed
Jointly ?t.n her husband when it was generally \
supposed tuat wnen a wile acts in tbe preseuce of
iter husband sbe acts under his coercion. Tne
other question was whether tne coercion was pre
sumed to extend to and cover tue crime of mur- :
der. There were reaiiy no decisions in tbe b >oka
upon tnat point. The cases on whic i be nased
i be exceptions were from elementary writers and
were cited by Hawkins. Cuun-ei thou discussed
the grsde or tbe otteuce upon wmcn tne excep
tion was tteneraily tupposed to bear, l'uere
were no adjudicated cases where ther recognised i
auy dlstinctlou ol grade, aud tbe tendency oi alt ,
the authorities was t > refer to tne crimes com
mitted by the wiie in the presence of tut nmbauo. 1
Alter quoting irom Wiiarton. section 71, tounsji !
said Luce was prooi tnat tne huioaua was
present and tnat tue wiie was uut. General ;
Tracy men quoted irom me testimony oi Mrs.
Kipp to snow that Men L?an was assisting his wte
to move the lurniture the next da?. me witness
Coe auu testiheii to hearing the uoise of a twit. 1
Tneie was ai*o evidence that deceased was a
large, powenul woman, aud tnat sue was niaced
ui'On the n n bo;ore ilie became extinct. All
the circumstances or tne ca-e were against
tue tneory thai tbe i risoner had committed
tne deei, and in favor oi tne theory tnat it was
commuted in the presence or tne nnsoand and
that tne voice nearu was that ot the wue pleading
for the life oi her mend, several rales oi law ap
puoabie to tue laots were then quoted.* Wives
were not compelled to run awav irom or expose
tneir hu*baud<' crime, li tue; remained passive
Mf were taaaoe?i> XX Ace. Merrigaa was
present when the crime was commuted ana re
mained passive, she was no <Timinal in the law.
General 'I racy tneu stated a nam Mr of casee
where it was ueld mat a ??11- cou.d not oe a par
ticipant la the husband's crime.
Assistant District Attorney Moore argued in
reply to (iener.il Tracy to show mat other witnes
ses Had proved that the man Merrlgan was not
present. He thought that v?afl a question or the
jurj. As to tlie point raised by ttie counsel. Mr.
Moore claimed tiiat trie exception in favor of a
urife did not extend to tbe crime ol murder, und
quoted from a number ot authorities to sustain
tne proposition. It Has shown Ojr the testimouv
that tliere was a disturbance and a woman
screaming in me room alter the man Merri
gan went away. According to tbut,
ir the act was committed at all, it
moat have been subsequent to the first dis
turbance. Mrs. Ktpp hud testified mat she only
tboattut ati'i beard the man's voice. Mr. Moore
concinden by ouaervinc mat tlie question was
more lor tbe jury tban for tue Court.
General Tracy said there was only one distur
bance. There wan only a natural difference as to
tune between tbe witnesses. Mrs. Hird bad tes
titled ttiat. she beard a woman screaniinir. lie
claimed that it wus not sufficient lor the prosecu
tion to prove that Mrs. Merrigan was present.
They must prove that she was a participant 111 the
crime.
Alter some further argument a recess was ta
ken. Upon tbe reopening of tbe Court Justice
Pratt said be was inclined to tbinfc t hat tlie case
should be suomitted to the Jury. ?o far as the
Court had been able to determine duriug the re
cess the theory oi coercion did no! uppiy to ti:o
crime of murder. The counsel lor the aeience
consulted for a few moments ami then General
Tracy announced that tbev were willing to allow
the case to go to tbe jury as it stood
li the Court would cnarge that the ac
cused must have been a participant in
the crime. The Assistant District Attorney said
tbe action 01 tbe defendant's counsel bail taken
him by surprise. Tne prosecution desired to pro
duce witoc>ses to urove thai Mr. Merrijzau was
away from home at work at the time 01 the mur
der. A long argument ensued between counsel,
after which Justice Pratt said he required time
to consider so important a motion and would
render bis decision to-day. The Court thereupon
adjourned till this morning at tea o'clocx.
COURT OF APPEALS.
| . Albany, June is, 1876.
i So. 8. Kelson vs. Luang?Argument resumed
and concluded.
No. 82. Ellen R. siocum, respondent, vs. Richard
English et al., appellants Argued by Paul F.
Cooper, or counsel lor appellants, aud by E. F.
| Billiard for respondent.
j No. 23. Margaret Kreckeler, appellant, vs. Adam
I Ritter, executor, Ac., respondent.?Submitted,
i Xo. J8. Jacob Voorbis, Jr., uppellunt, vs. The
j. Mayor. Ac., of Near York, respondents.?Argued
I bv ir??"ia M:?IieJeJln, "r co?nsel for appellant, aud
Dy D. J. Dean for respouiicQr.
1 -J/J?* -f!6- ?ne People ex rei. George L. Loutrel
' No?25tLnThI8'poan,iIC'C McCaoe' appellant, aud
No. Jab. 1 lie People ex rel, Dems Hoiran an
S? l?nI' T-hJ?ornelm* Fljun, respondent.?Argued
hi^ w u'1 u?IUK'0 ^ "ii"lasel ror aPD?l'ant, and
sponiient a ellioa J> Waterburv lor re
Adjourned to Monday, June 21, 1875.
, D*Y CALENDAlt.
Jnn?*4i8 i?7x??v,iilSoday Cl?len(l?r for Mondav
I une 21, 18i5.?Nos. 3J, 37, 22, 4a)i, 78 79, 83 and 80>
j UNITED STATES SUPREME COURT."
| COTTON C0KTBACT8?THE FBINCIPLBS GOVERN
I INO THEM.
I Washington, June 18, 1875.
In tbe Supreme Court of tbe United States the
I following decisions nave been given:?
No. 142. Tne United States, appellants, vs. C. V.
Woodruff and A. Bouchard, Julia A. Nutt, exeou
tnx of Haller Nutt, Mary A. Wells, "tot al.
i No. 143. Bessie Elgee Qaussen, executrix of John
K. Eigee, deceased, appellant, vs. The United
j States.
j No. 166. C. V. Woodruff ic Co., appellants vs
J The United States.
j No. 22i Julia A. Nutt, executrix of Haller Nntt
: deceased, appellant, vs. Tbe United States.?
; Mr. Justice Strong delivered the opinion
j of the Court. These cases have been
I elaborately aud very ably argued, touch
ing both the legality and tbe construction
of tbe contracts under which tne different parties
claim. But in the view which we take of the mer
; its of the controversy It Is unnecessary to deter
j mine whether the contracts were or were not lor
, bidden by the non-intercourse acts or Congress,
j It is sufficient to examine the contracts them
selves anil to determine what is their true mean
i lug. From the findings of the Court of Claims it
appears tnat the cotton, which is the subject of
controversy, was raiseu upon three plantations in
Wilkinson county, Mississippi, worked by John
J. Elgee and Joxiah Chambers. Tne interest of
. the latter, whatever it may have been,
was, however, abandoned to his copartner, and
before tne seiiure under the Captured and Absn
doned Property act the whole right ot Chambers
to the cotton had becomc vested in Elgee exclu
sively. This has not been controverted. The
fundamental queation, therefore, is, in all the
cases, whether Elgee parted with tbe ownership
by either of the contracts found by the Court of
Claims to have been made by mm, or
j for nim by his agent, Gordon. It is the
owner atone who has any standing in the Court
of Claims under the Captured and Abandoned
Property act. In regard to such property only
suctt suits can be brought as are authorized bv
lEuVfnrn?^ Tl>at *utute <lIle act of March 12,
rutJl.il ? .1 * comPl?Ie system (or the prose
cution of claims unoer it and defines the extent
of tbe rights which tbose who claim an interest m
"?procee.Mof property captured or abandoned
daring tne civil war may assert against the gov
According to the well known rule* of
statutory construction tne system is exclusive
of all others, and the rights defined are tup
I m wrVcri c?? & enforced in any
4nat^\P/OC '"*? .109 >*nKu?Ke oi tne act U
?.? person claiming to nave been me owner
of any sucn aoaudoned or captured orooertv
niay, at anr time within two years after the suu
pre.?sion of the rebellion, prefer bis claim to the
"lere?l the Court 01 Claims, and du
proof to the satisiaction oi said court of hu own
""'P of said property, of hi. right to .he pro
ceeds tnereof. and tnat he has never given
! ?r support to the present rebellion
?h receive me residue of such proceeds arier
i hatae^uctl?n of anv purchase money whicu may
' P?1?J. togetuer witu tne expense of
*IU1 "le of *aul P'operty and
i !h,r*n' ? "P?"86"' attending the disposition
thereof. luus it is pialn that no one is allowed
lo?ue in the Court or Claims for tbe proceeds of
Dr?ver<to or abandoned property unless ne can
?hin ? - V?? "ll",acU0u of ine three
, tnings.?Urat, nls owners nip of the orouert*
seized; aecondly, h.s right to the fr2?Jd?
i r l n'to'V aai1' tnal never gave aid or
comfort to tne rebellion. The tnird u
!>? iS'' i 0ee" rulea *>' "?? Court to
ne no longer necessary since tue atnuestv
proclamations, but tue ownership of tue property
ft * Ule 01 tne "eizure, and tne rignt to the
proceeds thereof. are still mdisueusauie to auv
stand,ng hi court as a claimant lor tie proceed
mLiv! ' capture i which nave beeu paid into
ae fteaanry of the United States. We ire, then
Ha ??"}?Rutt^S r Woodruff aud Houcnard or
rvfrt ^ acquired tne owiieremp of the
UniMd * "8 ,elzur? the ageut of the
intted biates on tne 2d of Aunl ism
corns" th?'tl,er?t,H?86 P?rtie.Aprnia
corns the owner and eutitied to tne
proceeds of its saie beiore tnat dile. tuat
malnm!? lUIVi SJl to * lor tne sum le
matning In the treasury after the deilucnous are
provided by the ?tutuie. ir, on tne otner
band, neither of tnose parties nas <nown tnat
Elgee parted with his title; tf ^e ownerTh.p re!
fJiJ'd.utn K|Bee un,il *,ter lno seizure, and until
Ms deatn, bis representatives are the onlv ner
?on. tnat are author,aed to sue ior tne proceeds
?' ^?co?on iu the court oi claims, lor thev only
are the oivners, whatever euuitieii may exist in
'Jn'ml ??h?e p-rt,ea wh0 contracted to ouy. tv?
?nce, to tne question whether
^?gruff*nn<* "oucnard acquire.! tne ownership of
w ,1 ,jr 11 w<Ui 'nediaieiy througn c.
S. Loodeil. i hey made no contract witn i- iirpf
wntra?tle'Vhata,th#Dna tb#y Purc.>as?ti Lobaeti'a
/ii . ?. '?hat, then, was that contract?
Ul47 01 JulJr- l!i63' w- G jrdon, an
? ? .*?eut uf aud Ciiambers, entered
into tne following agreement witn Loodeli
tr# Hava thia ti-i ?.# t WliJtiUfOfl ('uUdtf,
y t OIVI toil Jljit Of Ju yt fold Uiilu Sir O gi i ?K
dell our crept of cotiou, nowijiugin ihi
ssM oumtxriua aoou.'2.iOJ lalet at the tSfe?
V^^rlVV'' 'rem thudais u at th2
aa s^ratiMpound.VwnSaT"'4 ,0 &aV# w,igh4J
agent for Messrs.]I'io#e an?Cn?iiibera
c. S. LuBOfcLL.
V.m* the contract was made the
^ waa stored uuoer a covennir ot
ooards at lome place not certainty designated
l" about bales uubaisd
.i?00-? 00 Buffalo Bayou, at u place
known as *thd Kookt," or '*Feltet'i Plantation ?>
thi?U BiiHi'V'i ,rom t,,w Mississippi hlver. At
WhethiM ft w? rh1 ttnd ,he B?enl of Kigee mei.
, t Si/???? *^* "aiue P'acu where tne buik
immadi-Va4!0 WM '^'n* lj??s iiot distinctly appear
immediately alter the contract, Lobdeli einpiorcct
tto^d n4ar w*r* cotton Waa
I i.im .. ,c" aaJ ta,<a o^re" of u, una
! '*'2 . the re lor, and Mortis continued bis
?. until tne cotton was tailed nr :m
agent ot the United State!. but It Itoea nut
I MP.ar that the ooewiou was sarr.nairja ;?
Morris or that there wan any change of
Jiuu uinmtimeiue region where the
wi'?b was ureatly disturbed ov the war, and tne
SSS^in danger of being burned oy the C?u
Un fi oi* ?tacwu * Unil?rcum*:iincei* wb at
?g? ?l^SSS? ZX waTuV
"umX admitted there Is oiiengreat 4101
cutty in determining whether a contract is
i sale of personal property, so as to pass tU^
ownership to the venuee. or whether It Is a sale
condition to take effect or be consummated
only when the condition -..all be performed or
whether it Is a mere agreement to sell. it Is.
<i, ui.iless true - bat whether toe property passes
or not is dependent upon the mten'iou of the par
?,es to the eonVr^t, and mat intention must oe
Lattiered from toe language of the instrument
TUP B are However, certain rules for the
construction of sucu eoBtrMW wHon
?.#??? >*f?ttlpd 111 EllffliiO(ii ftUU We IDIUK
a so in itti4 conuiry. Mr. Justice Blackburn, in
hl> w?rk o" sales (pages 161 and 162). at*es two
of tlieiii, aud Mr. Beujamin. in hu
? iiitiuu uaire 23?1. adds ? third. I lie/are as 101
?ows?-F?m? "When, by the agreement, toe ven
dor is to CIO anything to tlie sooda lor the Par?"**
?>f nuttiuif tot m Into tnat state in WHICH in# i i-r
Sruibound {"accept t^m. ??r. as it u wme
times worded, into a deliverable state, the per
lortnance ol those tuiugs sUuil. in the ?'?*ence of
circumstances indicating a contrary ?
iaKeu to be a condition precedent to the \estiutf
of me property." Second, "Where anything re
mains to be doue to the goods lor tno
purpose oi ascertaining the price, as tiy
weighing, measurinij or testing t lie goods,
wnere tne price is lo depend ?u tne quantity or
nuailtv oi the goods, the performance of these
thlnis shall also ue a condition precedent to the
transfer of the property, although tne individual
goods be ascertained and they ure in the stut? ln
which tbev ouirnt to bo accepted. Id.rd-- nheu
tue uuyer is by contract bound to do anything as
i ^nShiVrailon either precedent or coiicuireu*.
Su wttlcn tDe 'passiug of the property depends,
".ooerty wilt not pass until the conuiuon be
miilued even though the goods may'>a\e been
actually delivered into the possession of tne
b These tnav be regarded as rules for ascertaining
thi nneu fun ol the parties. They are in most
? .sea held to ne conclusive tents. Though not
auuDorted bv all the decisions, they certaiuiy aro
KSSSffiJw'ii 1? *?<(;???,S? i;?mS "SK!
oanrtH in this COUniTVe Alld thd? ?Te me I uir>i
w in - h a r e applicable to contracts lor the sale of
ho eel Uccha11els, contracts wmch define the
rv"5? W
A.r-r.?.a.?!5e sn,"
the munerous authorities which Justify tuese
rules"re collected by .Mr. Benjamin tu rns
"Treatise on Sales" (aecoed edmou. pases i$4 et
) AUPlvtug them to tne contract now under
cousldei ation, we mink it cannot be maintained
mat the parties Intended tne contract should
,h,. ownership of the cotton at once to the
bliver without auv ascertainment of tne whole
nru-e bv weighing: Without its complete prepa
ration *or delivery: without auv delivery and
witnout paynient. This Is not the case of anon
i-nniiitioual sale *>1 a specified chattel for an ,tscti"
talued oruse. Its subject was the . tops ol cotton
lyihg tn Wiikinaou county. The contract was a
?ash contract. No creoit was lnieuded. Au aacer
lafninent ol the puce by weighing was conieni
plated, tUuugh It is not stated where tne weia
Liw.iTt.i be done. T ie vendor unoertook to de
liverat For? Adams. lie was lo deliver
it m bales. Yet all the propertv waa not in
? iifiiverable state. Fart was uogiuned. uu
haled and unbaifged. The vendor to
ore pare It or delivery, by ginning, baling
and oaeging it, and l.obdeil was to fur
n?ah necessary bagging, rone and twiue.
Tins was to put the oosumi into the condition tn
winch he was oound to receive it. ior he wa-i not
bound to receive any unless the whole was ginned,
baled and bagged. Tne contract was entire and
the vendor was uot bound lo put. the cotton into a
deliverable state unless Loodell luruisaed the
necessary material. Besides, it was stipulated
toat the cotton snould be received by l)a silva i
^ ai,. conclusion does not re*C merely on
ground tnat the cotton was not welgued or dellv"
ered it is unnecessary ro decide that wetgning
the cotton was in this case a pierequlsite lo the
truiismHslon of tne property, though that appears
tobe Tiielaw in Eng. and, wnen by the contract
the goods are to oe welgned by the vendor, or by
him concurrently with the vendee.
The Court here considered tne English and
American cases, and pr ceeded thus:?
We come next to the claim of Mr?. Nutt, ext
cutnx oi Haller Nutt. deceased. A very vigorous
argument has bee.i made to ua in support of ibis
i..., we thiiiir n cannot be sustaiued. As
S cUtract with Kigee, made in
tk'tober 1S03. wis not illegal, tuat It was no* In
violatiuii oi the non-intercourse laws, tt still was
not such a contract as passed the property ini the
<-.iiron The finding ol the Court ts that in tjcto
SSr 1M3. Truman Holinea, as agent of Dr. Nutt,
r?n\racted with Kig'-e ior the sale irorn ntm of so
muru oi'the 'iloo bales 01 cotton stowed at belter's
Plantation as he iHolmes) should get out lu
pl r ,?to marKet for the price of ?15 per bale, to
"e uald?n Liverpool, the nsK of the cotton till got
?t m iiH uii Mr Elttee. Tuat this was but au ex
contract is very plain. Its subject was
fiialunite It was not necessarily tne i.loo bales:
,ot certainly any ol tneiu. It was simply so mucn
of them as Hoimes should get out in saiety to a
m>rifeL. The agreement contemplated that he
U ^h, never get out snr. ll so. nothing was
a?led to"e sold In .act, he never did get
Sut a bale. Whatever else maybe dispensed
w!rn it is certain tnere can oe no sale or
n..i nhattRiii without a specific identification
of tne u'lug sold* Which OlWhole number of
b? es could the purchaser say were Bis f For
wnii-h of theiu could lie have beeu compelled to
7?t? And there Is no evleence mat Holmes ever
fece ved tne cotton, or any part of it, or asserted
auv rmsscssion, lhough tne sale was on credit,
! f. ,?Tne property%as his principal's he was en
fl " . to move it at once to market. Our atten
J on has been called to the letter addressed or
IJPJL. , ; MolraBi afterwards. Which, it 18 aigtied,
was itself a sale. It waa dated October 8,186a, and
was as follows:?
r. ? Cft# t* havinir been MQfHd on between you ana
mV^rthi?T" ll to "u all the cotton ?! tigee a Cham#
K? , w bil? and under shed, lor the price of ?19
^?|- n.vlble ill Liverpool, you will t ?u?e the fame
to bp *r?c^^^ny credit with /.me. A.^ctpn*^.
UcTpmm Tacaaa* Holm*, pretent.
tm? was not lound by the Court to have been
uar io?"otbetween the parties. _ it reier. to the
P ri?pr aitreeinent, and evidently It was intended
as a direction where to pay the price ?'tn*?otton,
fr ont should t>e gotout, and if any purchase money
Lhould Secome due. it sad no other purpose,
it was not even a delivery order, mucn less cin t
be Regarded as a bnl of sale. And there isnoflud
mi/ ihat it was accepted. Tne only contract,
therefore rescuing the sale of the cotton to
Holmes upon wtilcn the executrix of Dr. Nutt can
iliri! that lound by t&e court to have been made,
re'f,ntr.ct 'or the sale ol so much oi the '2,100
bales as Holmes should get out lu safety to a mar
ket, and tnat contract passsu no property in the
C?TaiB dlsDoses of the whole case. The Droperty
I in the cotton was in Kigee. and neither ofthe con
tracts proved dlvesied nlm o. his ownership. Tne
lesult is that his personal representatives are eu
titled to a Judgment lor tne eutire proceeds of tne
cuttnn neid lu tru^t for the owner.
The Vdgonent of tne court oi Claims is reversed
und !h? record is remitted, with insiruction to
dismiss tne peiltious oi w oodruff and Bouchard.
anT/uila A Nutt. executrix, anu to enter a
fodement in favor ol tne personal representatives
*.?.!? K fiieee ior tue sum tound In the
?? >?? i ?>"
n?ng, Mr. Justice Bradley and Mr. Justice
liunu
TEE TWEED CAfcsE.
Nomina new was developed la the case of
Tweed Yesterday. All day long anxious Inquiries
were being made at the HberilTs office to ascer
tain whether or not ths Bosk would be in town.
At three o'clock Order 01 Arrest Clerk Quincey
received a despatch irom his deputy, McOonlgal.
ataiiug tnat nothlug was exoected to occur In
connection with the Tweed ea*e. Tne remittitur
lias not ye; been sent to the County Clerk's office,
cutl it is noi procaine any step* will be taken to
bring it tHere until Monday. In tne meantime
Tweed's counsel hope to obtain ball, and thus save
tueir client worn the Tomoe.
MUNICIPAL NOTES.
Tne firemen's warrants are still unsigned, and
those deserving men remain without their well*
earned salaries for the month ot May. Mayor
Wickbim will be at his office to-day, on returning
from Boston. It is to be hopod that some ar
rangement will be mad* by which this difficulty be
tween tne Mayor and comptroller cat be obvi
ated. The signing of those warrants is only a
labor of two hours.
Conaideraole speculation waa indulged in yes
terday, by politicians around the city Hall, aa to
the probable strength aud prospects of the pro
posed new democratlo party about to be organ
ised in opposition to Tammany Hall. Some go so
far as to say that a very large disaifected element
win bolt from the Wigwam into the ranks of
tne opposition. Despotic ana bai management
are nuuued as tne main cause!) tut tnls disaffection.
Mr. Jonu Morrisney wa* around tne Hah during
tne Oar. but entirely dumb as to his ruture course.
The venulatton in ?ouae ol the large rooms of
the uow court House Is decide ily oad, particu
larly in thsit pan 01 tne Dtuioing occupied by vne
Court of Common Pleas, ir. migut. posmoty be bet
ter to tear down t nls monument of official corrup
tion altogether than attempt to improve Its in
terior or exterior annua*uieut*.
me lhiru house, a political loungers' retreat, In
the wiy uaii, ?as comparanveiy deserted yester
day. Sear.y all the Aio?tmen and taeir paitieu
1.11 companion* absented cnsuioelves. Mayor
wicknam's absence ai*o kept away the aamai
orona ?/ twttora to iue fintontiv* cnamber.
THE HARLEM STENCH.
tmvour of police wrobom watebma* ot
TBli UNWHOLEJJOMX.NLh3 OV TH* IDLLJED I>IS
TB1CT.
At the meeting ol me Polio# Board yeslerUuf
tlie following report ou tne.condition of liariei*
flats was presented and ordered ou file:?
New York, Jnue lti, 1S"6.
To n<? liONOKAgLE UOAHO OF FoUCE COMMlSialO.f*
KKs:?
At the meeting of the Bona of surgeons on May
?Zi a report of a select committee was submitted
ior concurrence and indorsement touching tue
condition of'certain sunken lots. knowu as the
'?Hurtein flaw," anu m?: composition of tlie ma
terial uuded froui the scows ana deposited oa
said flats lor the purpose of fining thorn up. ib?
report closed wild severa. suggestions and recom
mendations wtiicli seemed to um iau aud logical,
and 1 gave my signature to the report. siucis
then the facts preaeuted by tno committee have
Oeeu called In question. It is aliened tuat the
percentage ?f organic admixture Is twenty aud uot
ilve, aua tliat the noxious gasos arising lroiu
mis source were endangering tne neighborhood.
These conflicting views induced me to visi t tn?
district in question, and 1 beg leave to submit td
your iiouuiaoie Hoard tlie result of my observa.
tious auu tlie consideration 01 certain scieutinc
ijaestious couuecteJ wltti tlie subicct.
Ou entering tue territory 01 tne llarlem flaw
irom Second avenue aud Ninety-lourm streer. t'is
iuucu complained oTodor * as distinctly perceived. ,
It Is a sickening, nauseating odor, growing in i?
tensity as you proceed, it seemed to mo llKo f
lieavy nieptiiuc cloud resting over tne eutire l<>
cality. It is everywhere aud seems not to origi
nate irom uny particular spot, l encouutered tn?
same meptiitic ordors at lotfiu and lo.'tli ^tjeett
and third aud Lexiugtou avenues. Tne wind Wat
southeast aud the temperature cool.
SOl'KCES OK THE STENCHES.
In vaiu dlJ 1 look lor u defluite source or tlilf
rviiiiii K-afoio odor. 1 found, incited, u uttlo btacic#
seething sheet or water under a house at lOtttu
street aud Second avenue, where 1 wnnesseu the
rising oi large gas bubbles. I visited the lots
upou the borders ol tue siuggish Harlem Itiver,
wuoie miry, muddy suriace gave evidence oi tn?
exualaiiona ol marsh gas, the carburetted hydro
gen, ofleusive at all times, 1 looked upon a reek
ing. black, muddy bottom, left as the tide had re
ceded. at 107tli street, oetweeu Second and Third
avenues, a spot of ground so offensive to loot
upon that 1 wondered now this cesspool was tol
erated among the dwellings ol' civilizeu men.
J saw tne material that had been deposited,
with it# admixture of organic suos.unccs, woich
everywhere is insufficiently covered, ana in tue
lots filled in by the Commissioner of fuolic Works
scarcely covered at all, allowing the ertluvi" irom
boiow to expund and spread over lar aud wid?
portions ol this district, ludeed, 1 saw mat
TUE COMPLAINTS HAVE NOT BEEN KXAdOEKATBD;
the evil is mere and must be remedieJ.
it is oniv by grasping together all tne cauaet
tliat we cau account lor this strange eflecL la
the laying bare of swampy grounds sues
pnenomena are often witnessed. So long as a
.sheet ol water covers tne huniid, miry
ground even only during the time r?f tiual over
flows tue decomposition oi organic matter is pre
vented. As tne waters recede at low tide the
Boiai ravs exert their powers. Out tne returning
tide quenches me evolution oi gas; but wnen a
inur-n?r district is separated iroui the tidal flow
and l* ltuperieetly covered tne sclar rays have
heuceroiih full sway to initiate pntreiaction proc
esses, and not ouly carburetted hvdrogeu, but
also sulphuretted and puosphuretted hydrogen
are liberated. If to this state is added (ho decom
position irom the admixture ol organic matter m
ihe lining material, we may behold tue cuuss ol
this naussatiug auu sickening mopnitic cloud.
1 am satisfied that every estimate with regard
to tue percentage ol organic udinlxture, madt
almniv by ocular observation, must ue lauity uuu
nabie'to great error, it Is probable mat me per
centage of auunal aud vegetable varies greatly
atdidsreut seasons, months, and even days; its
volumes often bulky, at times iigtii, at others
heavy; at times dry, at others wet; can omy be
deierintued b.v processes quite independent of
the eye; by chemical analytical processes, oy des
Iccatlou aud ny tlie aid oi delicate scales tue per
centage cau be determined aud an average oa
tuiued. However, I think tnat the average of
twenty per cent Is greatly in excess.
Touching tne neaitnfulneas of tne locality I must
DIKFCK t'ROM THE COMMITTEE
who submitted the report. It is quite true, as
iney stats, that tne people residing tneio look
nale aud nardy ; even in tue houses at loom street
and Second avenue, bolow which :l?e process ol
lermeutation can be seen as well as smeiieci, peo
ple do not complain of sickness. l?r. Stiacrt, on?
oi our surgeons, testifies to me salubrity ol ths
location, aud the sick lists ol the department show
that, the health ol me men is as good as ueany
everywhere else in this citv. Still 1 cannot adopt
that view. Marshy localities, sucn as the Hurlem
flats, arc, per *e, never nealtny. Fever abound!
in them everywhere over the world.
Wnsre there is such a widespread cloud of foal
odor there must be puwefactive processes goiutf
on* me genesis or generation o; myriads oi low
organizations, the inseparable companions of ier
meutiug aud decomposing processes, is sure to
lollow. These low organizations, luugi or ani
uialcuia*, although to? small to be discerned by tn?
naked eye, aud so liirht tnat they rise aud move
upon me wings oi the rising gases evolved by so
lar heat?these, our science teds us, are tn? origin
aud earners oi isver ana disease, concurring at
1 do wim uianv points of tne committee's able re<
port, in ibis view 1 am compelled respectiull; if
differ.
l am candid in saying that I am not englneet
enough to decide wueiher tne int-cnamcul
part or the work is well uoke or not, >omo par.s
are evidently batter fined ui than others. Thos?
lots described in tne report as having been filled
tn oy tne commissioners or Public Works are in ?
very deplorable state, in ray nunible juugmeut.
science nad no hand in this work. No intelligent
mind has sought to consider the work from a
rruiy sanitary point of view. Tne dlsimectanu
used are merely palliative in tnetr effect, and it is
proolematit- whetner the dead oJ and lluie em
ployed nave any deodorising properties at aiL
Tue towering consideration?to niase me deposit
so tnat whatever me percoutage of garoagc
might be there shouid always be deposited over its
si ratum oi earth so thick tnat its abs orbing power
should present an excess to me generating power
ol tne subsoil below?has been lett out.
Tue question. Where ought the refuse of citlet
t>e deposited r wnicn lust now agitates tne citi
zens oi tnis commonwealtn, la not a n.iw one. II
has in turn asiiaied all the governments of Eu
rope, ana the British government lias expended
enormous sums of mouey to tnat end. Four wavs
present themselves to dispose or tn? reiuse of
large cities. First, to use u for agricultural par
pones; second, to suomu It to cremation; third,
to carry it awsy by water; fourtn, to bury it and
cover it with earth. ^
Witn regard to the first method Dr. atermaa
ssys tnat in me vicinity of Benin a lactoirv exist?
wuich prepares Iroui the reiuse ot the tlermaa
metropolis an excellent material, whicn m eagen*
bought up by the larmera to use ou their fields, cre
mation has little of record rrom roreign countries
to recommend Its adoptloo. Carrying tne inaoe
rial out to sea would be attended wun an oxpeuj?
the city could uot afford, aud, apart leoia tu?
question ol expense, the plan is not leaaibie, at
least m New York, in stormr wesmer scows
could not get to sea. snd me dsnger that tot
lighter material would be washed back to out
snores was an insurmountable one. Tne lonrta
plan?m., to bury the material by using it ;or
nlling In purposes and cover it wun sufficient
earth to absorb the deleterious properties?u?
considers by tar the best. The most eminent
sauitarians abroad indor^a this -fitu. Tue au
tnorities upou this point say, "Tne earth ??tu?
ouly proper plac? fuiiv endowed oy uatnre ior
this purpose, to receive toe organic refus?
of large cities." The absorbing power of earth
varies witn me different kinds empl oyed, saud
and gravel possess tue least absorbing power J
clay si mds very high In rank. Coal ashes pos
sess uo great ab?orbiug capacity, but they form
an excellent material for filling up. Whetner :nu
organic matter is nve per cent <>r ten 1 am equa
lled that it will uot prove deleterious to ueaith,
provided li U finally covered with eartn oi ?
greater absorbing power. With regard to the
ilai'iem flats, we must reiuemoer that we have a
virgin swamp to deal with, wnere lot canturies
organic matter nas accumulated aud decayed,
and that tae disinfecting power of the humid sub
soil has long ago neen exhausted, and tt.tat in fliu
Ing these tots we must bear in mind mat au addi
tional atraium of sand and earth becotniw neees*
sary. . _
Fear is expressed that whenever excavatlong
are made In tins oiled In district lever aud >iiseas?
will ensue, mis fear is not umounded; out wc
have, uowevsr, remedies to counteract Ir. I u??
stsud we nave a wise law on our statute Looks
lorbulding such exc.wstions except in the colder
months, wnen tne danger Is comparatively siignt.
1 taluk we can now spproach tne question with
a fair snare of hope to sbsle this grest nuisance.
1 would supplement the messures recommended
dt tne Board ot Surgeons, wnicti are excellent ag
far as ;n?y go, by suggesting that these iota feC
fiiied up to tne street level, as I deem a superficial
layer of eartn of two or three feet inaaequat?.
This should o? done at onc% as the summer neat}
have time to work chemically upon the tainted
suriace, S> W'AfSRMAS.
Police surgeon, Thirteenth district.
MILK AMD CREAM.
N- - r; ^uZivCrrCO.. ao TO M >0Rll
, Moor? street?l*ur* Cresin delivered to Ay t?ar*
of Hew Vors, Brooklyn or Jsrsey city, and ?niPP?a,
pnektd in loe, to sny town between i?o?tou aua wash
(often.
.MI8CKL.L.ANEOC8.
Savory a moorr-*
nest rood for infants.
Kesemblef mother's mils more c.oiety thsn any other
kinu oi food, Bsrieetly fuinuing its object?Uisiol pro
mount the growtn ana hesith ot the ehtld. tns reyf*
tsmlilv* ot tneisna ana K??U ars ?uppHad with tnis
tojd sud the medical oroteMion recommend It with U>e
utmost continence and oertatnty ot ancceia.
s?6 ?n?dic*l c?rutlcawt sna opimofll*
^'holcMl* ?na rtuii of tn# mv?uiftcmre.A
I4S 4oua JbuutiuD, W.,
ana ft%\\ oi ?Uchfmiftt tnJ itortk??p?rt throttfnoM
me >tste? an I canaaa, who a.ao
Moore's Ulfestrve Cocoa, for dy*pepde and deliuate per
sons ol stl ages.
?\VaNTRD-A OkNRRAL UTOC* a7a?r odd!