The New York herald. [volume], December 24, 1875, Page 8, Image 8

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

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THE COURTS.
Raking Up the Dead Ashe3 of
Official Advertising.
A VERDICT FOR THE CITY,
A. Curious Will and How It Came
To Be Made.
The Bleecker Street Railroad Re
ceivership.
On behalf of the city a complaint was made charging
Benjamin Wood with having received in ox cess
Of what he wai> entitled to for city advertising pub
lished prior to April, 1ST'.', in the Daily Jfn??? It was
Ml forth in the complain! that thin over paymeut was
through i hargo* lor advertising which was uevcr pub
liahed, the correctness of tho bill at tho tinio, however,
having been vouched for in the ordinary way Suit was
Accordingly brought against-Mr Wood to recover (ho
sum stated, and the case cam'' to trial yesterday bclore
Judge Donohue, holdiug Supremo Court, Circuit Tho
defenoe was that all the advertisements charged for
Wore published in some one edition of the paper, and
that it was not supposed that there wag any obligation
to publish them in all tho editions. It was concedcd,
liowyver, that abstract* were occasionally made of the
Biattor sent for publication
The only wit noes called for the prosecution was Mr
Angcll, who Stated that he had examined the flies of
the DaiJg Xrwt, and the city advertising charged for In
the bill iu scllloaiout ol which the alleged excess was
paid, and that the amount overcharged was tho sum
mated iu the complaint.
1? was stated that a subpeena had been Issued direct
log the production of the flies for 18T2, but that they
wore not forthcoming.
For tho defence the first witness called was Comp
troller fireen, who failed to answer. Judgo Donohue
Stated that Mr Green had been pre-ent, and thai the
dofcnco then had an opportunity to call lntri.
Judge Dor.ohuo gave a brief but pointed charge. He
said that when plaintiffs rested at twelve o'clock, de
ftenco askod for an adjournment to produce Mr Wood.
In an hour and a half the thmi; changed, and it seemed
accessary to produce Mr Lynch, who would naturally
be oxpocted as the first witness for the defence. A ;
delay was made tor hun, and uiier time was w#sti>d
Mr Ure-u came in. fbon they were told the defence
would not examine him until they xot ready. They re
vised to examine Mr. tin-en or take an attachment
?gainst Mr. Lynch. The claim was lor $r,,280 to with
tl,3S0 micro-1, which plaintid's say defendant received i
On lilsalfldavit and vouchers, but thai he never published
tiie matter It was in the power ol the defendant to
toroducu his files, and It was for the jury to ray wbelhor
lie should not produco his proofs of publication. The
city had given evidence. rhoy looked for proof of
publication and could not find it.
Alter about live minute.-, the jury found for the plaln
ttfft in |7,6Sl 17, being the full amount claimed, with
Interest. A slay of thirty days was granted, in order
to carry the caso up 011 appeal.
SETTING ASIDE A WILL.
v Surrogate Hutch'tigs yesterday rendered a decision
In the matter of tho probate of th* reported last will
?nd testament of Ann Kli/.a IJafccr, deceased, and which
?Has contested by two of her nieces. The decedent, Ann
Sllxa (biker, whs a widow of about forty years of age
at the date of her death, which occurred 011 the 3d day
of December, 1874 Hie left no children. and her near
est of km are two nlecos, Adelaide Decker and Mary
Ehsa Haws. Tho paper propounded as her will was
executed on tho 2d of November, one month previous
te her death, by which an estate, valued at about
*10,000, was disposed of. An aunt, Mrs. Mary K. Huws,
was given certain ai tides of personal property of in
?onsidor.ible value; Mrs. Catharine V Soarles. the wilo
?T the principal legatee and the proponent of the will
Dr Wellington 11. Searles, was given a silk dress and 1
Article* of furmrui., kor M?rr i: U{10?iid 1
?ucb of her clothing as her executor (Dr. Searles) !
thought she could mate m.o or, her niece, Adelaide
t>eeker, $10; Theodore K. Sparks, Annio K. llaws,
Wellington B. Searles, Jr., and Harry R. Searles (the ,
last two infant sons ol the proponent), the proceed* of j
a policy or insurance (sa d to bo $2,000), share and
share alike, and to Dr. Searles. whom sbu nominated
as solo executor, the residt.o of tier property,
which is valued at about $*,0ut>. The validity
of the instrument was contested on behalf of
the two nieces, who wore practically cut off
from any participation id tho division of tlioir aunt's
estate, while Dr. Searles and bis fanidy, between whom
and the decedent there was no relation of blood, are
|ivon nine tenths of the estate, leaving a ton th to ha I
divided between Annie E. Haws, a cousin, and Tlieo
dore K. Sparks, an acquaintance. The grounds upon
Which the contest was based weie an alleged waai of
testamentary capacity and fraud, coercion and unduo
Inriuenco In the procurement of its oxecutioa The
oecedent belonged to a bit,hly ro.-peclable family in
tho city of New York, and was a person of oduca
tlon and refinement; but, unfortunately, she had, sev
oral years before her death, ?? quired a thirst lor in
toxicating liquors, which grew upon her to such
an extent that sho was oft-n in a state of complete
tfrunk<Miues3 at home, and was sometimes seen :n a de
plorablc condiilon ol intoxication in the public streets,
she had been a constant source of anxiety to her
fpother, wuo by careful oversight was able, in some do
free, to prevent her from gratifying her abnormal
hirst; but the mother's death in May, lt)74, loft her i
with scarcely auy restraint whatever. By the
mother's will Dr. Searles, who had be n lor ]
two or three years her attending physician for !
a chronic acd incurable malady. tva-? appointed her
executor For two month# hor daughter, the dece
dent, reuiauio+an 0CW)(.aLl ?fr hor mother's late resi
dence, whore a distant relative, a respocJablo elderly
lady, Mrs Ostrotn, remained witb her until the 1st day
of July, when she loft to take up hor residenco with
1>r. Pear lei. The restraint whlch Dr. Searlus assumed
to exercise created n the decedent mingled dislike lor
and fear of him. and was so great that It was Willi
much reluctance she consented :o. become an inmate of
his hou-". and thencelorw?rd .-h.: w is practically under
pi* guardiauehip until her death, on 'he 2d of Decern
ber. The evidence shows that hor habits of intoxica
tion continued thereafter. When without the house
?he was powerleg* to resist lbs apatite, and almost
always returned in a state ol gross intoxication,
and wlnlo within the bouse, though she had less
oppoituniliea for !iAlu!gunco than before, the evidence
?hou * that even there Bhe was continuously under the
Influence of liquor, and two wit ii>-h???s, Miss llowne and
kliss A nun: K Haas, her cousins, stated that .-die was
in this < ondtlion on the 2d day of November, the dale
?poa which the paiwr offsred as hor will is alleged to
have been executed.
Ia concluding his decision Surrogate Hutching*
?ays ? "T he ca^e, as presented u[m?o tne evidence, ex
hibits features which satis'y mo '.bat the OTcedent did
ltot, id tho execution of the instrument offered, act
With that freedom necessary to >xiustitule it her will,
and that in bequeathing ne arly all of her ost-tn to
Dr. Searles and his family, she *aa moved by senti
ment* ol [oar e?used by mental weakness and bodily
disease And the presumption of undue influence on
the part of Dr S?*arlos Is still further increased by the
ctrriim-tstiee* sttending the execution of tho Instru
meut. It was in the absence of tho decedent's friends,
while she was sick in bed, within a month "flier de.uhi
on the ovenlng of a day when two credible witnesses
at ite they hail seen her under the influenco of liquor,
With no one present but Dr. Searles, the principal ben'
etlclary, his wlfb and the two subscribing witnesses
personal fi lends of h!s Of many years' Standing?neither
ot whom had auy aoquam'ance with the decedent
more than would be gained n one or two casual
meetings in Dr. Sear.es' parlors; and furthermore, tho
txocution ot the instrument ww? superintended by Dr.
HfcltKWll I! it adm.tl,pg the .'u? elocution of
the instrument the e.,?e pre^ei ts th-* bsld leatures of a
woman who lor j.ars had been a drunkard; who was
posse,*ed naturally of s weak mind rendered still
Wakor by conttuued intemperance, whi ih had also
caused serious bodily illn?sa, who (or mx months was
?nd?r th* d uly oere of a mod .*; attendant, four months
Of which shii was an innate of his house, ho being also
tha executor of her mother's will and holding
eoutrol of her means; ?nd who, within a
month of her death, executed a testa
mentary pucr, drawn by the p<rson who had thus bad
??iuh opportunities ol acqijirin;.' dominion over her, in
which she bequeathed to him and his family nine-tenths
Of hor ???ute. though ai.ens to her !dood, and excluded
from f.?r benelaotion her nearest relatives, two young
Bi-cea, for whom she bad expr"s-ed affection, and gavo
a oouMii, with whoni she hal been upon u rms of
friendlr ititimacy, but a small fraction of hor estate.
With '.Ins view or the features of tho case I would not
le-l justified in admitting the w ill to probate as the will
of the de> edent, and it must therefore be rejected. "
THE 1$LEKCKEli~~81'KMKT RAILROAD.
Tlie order appointing Mr, Alvln ?. Soolhwnrth Ro
ceivar or the Bleecker Street Railroad was signed
yesterday by Judgo Davta, or the Supreme Court. This
order covers several pjgea of closely written foolscap,
and covers all the points usually embodied in the ?p
Bomtmebt of receivers of railroad corporations. Pro
Tlston is made far o the order, In tho first plai e lor
the consolidation of vbe suits, and alter fhis follows
th" usual directions *o transfer to Mr. JJoothworth all
tha record*, books papers and sooounts of the com.
psny, together with all the priqerty ot tho Com Mar
He la to ooDtlnne to run tho road, lo
employ and discharge alt th? laborers, to proa
?cuu and defend all fulls, and to keej, t full account
of all receipts and diabursemenu f'rovtelon is also
mad* for payment of Interest on bonds, flung of
schedule l0d for obtaining lerthor ueco-sary ordorg
Jon the Court. A siieoiai feature In tho or lsr is
11 reeling payment or the M-yrtrt on the road the
wsges due them for a month previous to the filing or
U?? order, bat to pey the offlcer* of the road nothing
whatever ?
? Mr South worth will ftif bis boaiL on whicA till be
tw? NMM n?r ?T*,uuO earn, to amy, and after thai
eatar mi out* apoa the dutiea ol ihe receivership. Go?
eral satisfaction is exprus.>ed at tbe appointment ?/ Mr
South worth to this responsible positiou.
DECISIONS.
SCPBEMB COCBT?flfAMBXB*.
By Judge Ha via.
.Smith vs. Weight,?The robnlttuj affidavits aro not
receivable. Leave U given to tbe moving partv to
withdraw the motion, with leave to renew it ou the
usual notice on due service of such iwiH ra as he mar
be advised. *
Carpenter rs. Carj-enler. ?Tbo proof of service on de
fcndant was not in compliance with the rules. It i* not
sufficient proof of the identity of defendant. The can
must be sent back to the relercc, with instructions to
take proofs on the subjoct o< service by examining the
person who served the summon* and comprint. and it
U ordered that the referee summon the defendant be
fore him and examine her as to whelhor such service I
was in (act made.
Knapp va. Bouestecl. ?Motion denied, without costs. !
Memorandum.
By Judge Brady.
Mmer v?. Crofutt Motlou denied
Fox vs. Fux, (iraham vs. (iraham, Moore vs. Mi>oro.?
"?ports of referees continued, and decrees of divorce
granted.
Do (IrolT vs. .Smith ? Plaintiff to appear.
(?nine vs. Same?Motion denied, t>ut with liborty to
renew Memorandum.
Julian va. Gushing.; McCulloch vs. Porter; Stewart
vs. Overbaugh; Pool vs Carroll ?Grunted.
Loudon, New York aud Hartford Publishing Com '
puny vs. (iHtling?Motion denied, on condition that I
plain tills put cause on calendar lor 1876, aud pay $lo i
costs ol motion in ten days.
Ilailen vs. 8chwein<t>erg.?Motion denied. Justice |
Pouohuo has passed upon the costs, and tho rooicdy Is 1
by appeal
Katon vs. Raton. ? Motion granted. Alimony $10 per
week ; counsel loo, $60
Thurber va O'Neii.?Motion untiled. Cause put on
for second Friday of January, 1K7U
Driscoll Vf Vandergaw.?Memorandum.
Olena vs Rien. ?Motion denied. Memorandum.
Piigb vs. Hurtt.? Memorandum.
Whitchurch vs. (iilluyor. ?Order lor receiver.
My Judge Barrett.
Mutt, Ac-, vs. Moll.?Opinion
By Judge l.awrcnc*.
Whittemoro vs. llurdett et al.? Granted.
SCP1UUITC COUtrr?SPECIAL TKRM.
By Judge Van Brunt
Kent vs. The Qaicksilver Mining Company.?Findlnirs
signed. ?
SITEBIOU COCBT? SPECIAL T?KM.
By Judgo .Sedgwick.
Handren el al. vs. The Baxter .Steam Canalboat Trans
portation Company.?Motion granted on navnient of
$10 costs to defendant.
Joym-on vs. Hk hards et al.?Sco memorandum for
couusci.
COMMON PLEAS?SPECIAL TKRM.
By Judge Robinson.
Schelly vs. Tomlinson.?Oomnlaint dismissed, with
costs. Opinion.
SUMMA11Y OF LAW CASES.
Judge Van Hoesen, the uowly elected Judge of the
Court of Common Pleas, was yesterday sworn into
olllce by Chief Justice Daly.
General Banks fat some time yestordny on Ihe bench
with Judgo I.awreuce, holding Supreme Court, Circuit.
He watched the proceedings evidently with considera
ble interest
In tho case of Samuel II. Milte d, in the I'nited Slates
Circuit Court, criminal branch, charged with having
about 4,000 smuggled cigar* In his possession, the Jury,
after being out about two hours, reported that it would
be imposstole lor them to agree, aud were accordingly
discharged. They stood eleven lor acuuiltal aud ouo
for couvlctiun.
lu the matter of the suit of Lucag Hendrik Woltgen
against the St. Paul and Pacille Itailroad Company the
particulars ol winch have been frequently published
in the Hsrcali>, Judge Brady, in Supreme Court, Cham
bers, gave an orrier yesterday, by consent und on ap
pltoaiionol plain lift, that a commission Issue to Mr.
Charles H'ellcr, Lulled States Consul at Amsterdam
uud S. J. Hory \ andcl Staat, of tbe same citv, to ex
amine T. C. J. Polioses and William Jacobsou, ol said
city, on behalf of the plaintiff.
Application was mado yesterday to Judge Brady in
Supreme Court, Chainhofs, to admit to ball William J.
Ftol. under indictment ou a charge ol lorging railroad
bond*. The application was denied on the ground that
the indictment hav.ng boon louud in the Court of Gen
eral Sessions, which is now silting, it should have been
made in that court.
The O'Gorman Kamak suit, the facts of which were
fully published in yesterday's Hkkai.d. beiug tried be
fore Jmlgn l.arremore in the Court ol Common Flea*
was temporarily suspended al recosi yesterday. One
or the coo use I has tailid, it appears, to receive tho lee
to winch ho thinks be is entitled, and, in consequence
relumes to procaed lurtlier in the ease until tlio matter
""'iuaUid. Tha oa*e was adjourned until
this morning, ponding tuts .lupmmeut.
The Indictments lound thus far by the present Grand
Jury wore called yesterday in the United States Circuit
Court, aud the accused arraigned to plead. Klizabeth
DeMott aud her daughter, Kila Kenuey, charged w'th
making and passing counterfeit nickels, pleaded uot
guilty and will be (nod today. Bernird Quinn aud
James Russell, charged with dealing in counterfeit
money, pleaded not guilty. William F. Brown pleaded
not guilty to tho tourth count of tbe indictment charg
ing It tin with f-loalmg a letter Irorn the Post OUico and
was remanded for son leu je.
In the case of Lowis lantnson agaiust the White Star
Steamship Company to recover flo.'tOO lor the alleged
los.-. of property und permanent usuries received at the
lime ol the loss of tbe steamship Atlantic, two years
ago last March, by mutual consent yesterday, in tho
United States Circuit Court, a juror was withdrawn,
and the proceedings lor a tiioo brought to a close. Tlift
case now rests as if it bnd never been called. The
Court was then .idj lurned until January 11, 1871.
In the matter of Samuel Carey agaiust Collector
Arthur, in the l'nited Stales Circuit Court, another
test case as to the duties on imported goods, the jury,
by direction ol Judgo Sliipnian, rendered a verdict lor
tho defendant The pluintitl is an ini|>orler of partially
ooinpleted millstones, and claimed that they wero not
liable to duty lieing unmanufactured burr stones: never
theless he was obliged to pay a duty of twenty per
cent. Tho case involved only the sum of $600 tho
other suits bringing up the total lo ?6,ooo.
COUItT OF GENERAL SESSIONS.
Before Judge Sutherland.
rOCB TEAUS IN STATU PItlSON FOB ABSON.
There was but oue case tried in tho Court of Gen
eral Sessions yesterday?that of Morris W. Goldstein,
charged with arson. Tho case was opened on the pre
vious afternoon by Assistant District Attorney Horring
iu an address, in which he denounced the* crime for
which the accused was about to bo tried as one of tho
most heinous which could bo perpetrated. The In
dlctmeut under which tho prisoner was trlod charged
him with having, on the evening of the 29th of August
last, set lire t.? his lobbing tailor shop on the Urst lioor
of the three story frame house No. 153 Varrick sir.'ct,
for tho pur|>ose of defrauding the Amity tnsoronee
Coiui>au\, by which the property was Insured. Mrs.
Catherine Whitman testified that sho and her children
o cupiod tbo top floor of tho house, and that ou Ihe
night in question she was looking trom Iter window
when sho saw Goldstein and bis wife and
child I nave the house. About iwentv minutos laier
sho found her apir'ments llll<*d' with smoke,
which was issuing from tho shop of tho tailor Several
citizen-, and fire oillcials soon collected in front of the
hou-e, the door of the shop was burst open and a heap
of cloth, pa|?er jnd other material was lound burning
upon a table on one side of the room Uwasextin
gumbed without injury to t!io building. James k.
lirennan, ol the Firo Patrol: Hnbert King, chief of the
Third battalion of the Fire Department, ai d Charles F
Hill, Assistant Fire Marshal, all of whom entered the
burning promises almost simultaneously, staled that
they found a lire on the table direniy under a racu on
which cloths were spread and that in a drawer of the
same table they found lire in two dlst'nct spots sepa
rated by a mass of trimmings and other articles equally
inflammable. It was shown that the Scouted had re
moved trom Hudson street on? month before the burn
ing, that bo was insured in the Amity Insurance
Company for $1,250, and that after tho Ore he
hnd claimed $'^<1 40 from that corporation lo cover
the loss he bad <u?Uiued. Fire Msrsnal Sheldon, sus
pecting that something was wrong, had all tbe scraps or
cloth loft in tbo premises carefully preserved and the
value ot the ancles they represented appraised
Samuel W Cohn, an expert in cloths. The estimate of
lo*s arrive I at in th * w?y was much lower than that
claimed by the acetised. I.ouls f*evi, ? Sexton" of a
Hebrew lodge of some kind to which tha accused be
longed, an l David Jov.pl,*, iu presiding ofllcer, testi
fied that Goldstein had attended a meeting of tho asso
ciation on tho night of the flro, and was called away by
a messenger, who came lo inlorm b m <f the burning
of his prem ?ei Abram Blelstlfl, liquor d'-aler, of .Va
as Ksiex jtraet. and Morns Orbach, of No <7 Orchard
street, "a manufacturer of buttonhole^" testitled to
the gwid character of the seemed. The y.ry lound the
prisoner guilty Judge Sutherland sent him to the
State Prison for four years.
A MCXSION SET ASIDE.
William Bens, who, on Wednesdsy, In the absence
of counsel, pleaded guilty to burglsryand was sentenced
to Stale Prison for four years, sppealed through his
counsel yesterday to hare the decision set aside and
Ihe case reopened on ihe ground that ihe prisoner did
not understand his position when he pleaded The r?
quest was granted.
?WELBT THIEF glNTKNCED.
Joseph Wonder pleaded guilty to harlng, on the 24th
of November, entered the premises of Henrietta Reils,
at No. 536 Bixih street, end stolen therefrom two gold
r ugs, a pair of gold earrings, a sihsr waich and
$20 40 la mono/. He was sent to Staiv l'rlton fir two
years.
WASHINGTON PLACE~~POLICE COURT,
Before Judge Duffy.
HHopLnrmrow
Margaret Morris was bold la $300 lo answer for
stealing stockings, valued at U 30, from Khrlcb's store,
Ni>, WT Klghlb avenue.
Agnos Skiff was held la $300 fbr $tMUog t poQjm
book and neekiie from the Same siofS.
Bridget Ryaa was ats* held In $*? for a similar
offence it the name plto*
RoUorl Harrlg fctW |WQ ^
veined it $1 46, (Wfe Loaisa 8nydoiC of K* 4?i "moth
tHL Mayor was held In $30) for alealiBg Six silk
handkerchief's, valued al Si?, ^m, Arnold k Con
stable's store, corner Broadway and Nineteenth1 atfM*
I John Daly and William fleary wore hold In *300 lor
, stealing oysters, valued at $1 24, from Henry Van Oott,
or No. 102 Bleecker street.
BtrioLABT IN TWKNTT-yiEST BTBUST.
On Monday evening Dotectlve Cain, of the Sixteenth
precinct, saw U??orgo Crawford, of No. 159 Sixth aveutie,
driving a truck at a late hour containing one ease or
champagne. The man did not givo the doltctlve any
satisfactory answer*, and ho was arrested. His story
was thai he had been employed at a wholesale liquor
storo, No. 444 Broadway, bul ou investigation r.e such
place was found. Ho came up before Judge Dotty yes
terday to be discharged, but at the same moment an
owner for tlio case ot wine came into court. He gave
his name as Spencer Smith, of No. 309 Wed Twentieth
street, and said thai ho had sixteen caso* of the win#
in a stable in West Twenty seeond street. Dunug
Monday night the stable was burglariously entered and
one caao stolen. He Identified the case recovered by
Officer Cain, and the priaouer was held in $1,000 to
answer.
THE KXCISE I,AW,
The following parties gave $100 bail each for viola
tion of the Kxclso law:?Victor Bramson, of No. 112
West Thirty-ftr?t street, and )ol:n I ran*, No. 112 WeBt
Twonly-third street.
TUB THIRD AVENUK SAVINGS BANK.
The examination into tho charge preferred against
the officers of the Third Avenuo Savings Bank, which
was to havo taken place yesterday before Judge Dully,
was, on application of counsel, owing to tho absonco of
some material witnesses, lurther adjourned to Monday
next at Yorkvtlle Police Court.
TltANftFEIt or SERGEANTS.
Yesterday Sergeant Berghold, late of the Seventeenth
precinct, was Installed as Sergeant of the Secoud Dis
trict Police Court, in placo of Sergeant James, removed
to the Twenty-first precinct. The Court attaches bid
Sergeant James au Affectionate adieu. Sergeant James
wen two ye?r? at Essex Market and nearly throo years
at Jefferson Market Court.
POLICE COURT NOTES.
At tho Washington riac.o Police Court William
Walters was held in $300 to answer for stealing 1,300
bundles ot wood, valued at $16 25, from Henry Helker,
of Hudson street.
William Glllmore, of Eighth avonue and Twonty
seventli street, was held In $500 to aubwi-r for bur
glariously entering the store No. 558 Worn Thirty third
street, owned by John Hessing, and stealing a keroscno
lamp tud a handsaw.
Thomas Scott was held In $300 to answer for stealing
$7 and a gold ohain from Mrs. Aunie B. Kvans, of No.
3? West forty first street
Frank Devere was held In $1,000 bail for stealing a
robe, worth $*0, from the carriage of Charily Com
missioner ltrcniian. <
Frank Sau*frr was held in $500 ball for .stealing $5
from Carrie Koufman, of No. 20 Clinton street.
Yesterday a man, giving the name of Thomas Smith,
called upon l'hilip Otlmau, No. 31 Fnlton stroot, and |
presented a note, purporting to he signed by Hawk k j
Welherby, merchants, and vouching lor the fact stated :
therein (hat Smith Was soliciting alms for the faintly |
ot a deceased butcher. Mr. Oitman, perceiving that
the signature was false, had Smith arrested. He proved
to be an imix.sior. Justice Bixby yestorday, at the ,
Toinbs, hold him for trial for attempting to defraud.
COURT CALENDARS?THIS DAY.
Sitkbmk Cocht?Chambers?Held by Judge Brady.? !
Nos. 3, 26, 50, 77, 84, 110, 120, 141, 107 270, 275. j
StritKHK CotRT?Spkciai. TKKM-Hcld by Judge .
1 Barren ?Case on?No. 401. No day calendar.
Scpkkmb Court?Gkkkkal Tkrm.?Adjourned until ,
1 DocemlHjr 31.
! StirKKMK Cocrt?Circuit?Part 1?Held by Judge
1 Donohue ?Short cau.-es?Nos. 3505 1879, 4007, 3*37, j
I 3755 1 '.IS7 UOi'7, 3515. 3657, 639, 8O60, 4015, 3295, 1736, 1
' 3fo">7 2931 3615, 2597, 3659, 8391, *3379, 39a9, 3401, 3605, ;
asc?7' Part 2?Beld by Judge Van Vorst.?Short 1
causes Nos 31MH), 3910, 3326, 3530, 3424, .1926, 8948, (
3248 8664, 3564. 3972, 3264, 24S4, 3772 Part 3?Held by
Judge I^iwrenco.?Nos. 3269, 1247, 3630, 3589.
I SirKKK'R Court?Trial Tkkm?Part 1?Hold by
1 Judge Speir.?Case on?No. 855. No day calendar.
' Part 2? Held by Judgo Kreedman. ?iJhort causes? ,
! Nos. 1793, 1834. 1694. 1831. ,
| Common Pi.?as?KtitiTV Tsau?held by Judge van
I ''c'ommo* ?1'i.has?Trial Tkrm?Part 1?Hold by Judge
| I,arremore.?Case on-No. 1978. !+o day calendar. Part
?J ?Adlonrned for the term.
, ?Iarink Court?Trial Tkrm?Parts I and 2.? Ad
1 journod for tho term. Part 3?Beld by Judge Spauld
I in? ? Same calcudar as was published vostarday.
i Cot'RT or liKNKRAL Ssssiokh?Held by Judgo Slither- ,
i |an<i _rl?? l>ao?W> v-. Vraucm V. Marshall, arsou, Sa?e 1
1 vs Charles Bovlch and Jamos Kavaney, burglary ; Same
? vi. John Manning, petit larceny; Same vs. l.ytnan A. 1
Bullard, violation of the gambling laws.
BO WEN-EAGLE LIBEL SUIT.
Tho suit brought by Henry C. Bowen against the
Kagle was concluded yesterday In the Brooklyn City
Court, before Judge Reynolds Tho court was crowded
as upon the preceding days. The counsel for the plala
' tiir offerod In evident# a copy ef the defendant'^ paper
] of December 21, containing a republication of ihe ob
I Jectionablo Captain Kldd article. Objection was made
I to its Introduction by Mr. Beach, and, after some argu
ment, the Court excluded It. Counsellor De Witt
asked that the name of Thomss Kinsella be stricken
I out as co-defendant in tho case, as porsoually lie had
nothing to do with the writing or publication of the
arliclo. A special vordlct could not be found against
blm individually. Tho Court held, however, that Mr.
McLean's ovldonce showed that Kmselli had been con
suited Iti regard to the article.
1 The motion to strike 001 Kinsella's name waa denied.
Mr Beach In snmraing no for the defence asked
"What principle of our government, what conduct of
1 our public men, what teacher of our social system
! what power, Is exempt from the comments of the press?
1 It is not only the Instructor, it is practically 1 lie gov
ernment of the country. No policy can be inaugurated
I at Washington without being subjected to Hie criticism
' of tho press, and l?v it to tho consciences of the poopln,
I and pol.cy succeeds or fails as tho newspapers support
i or condemn it. Tho public voice follows the lead of
' the press and the pubi c mind Is lortod and diverted
| by its counsels. One of its duties is 10 tell the news of
: tho world, aud then in the editorial columns to draw
inferences which lead to instruction In government, tn
business and in morals. Think what a vast number of
agent* must be employed. It Is a mattor of impossi
I biilty among so many to keep out of all errors.
1IKRA1.0 KSTKRrRI.SK.
| Newspapers nre competitors, and newspapers aro
I mortal aud have fallible men in their management.
1 Thov are moved and animated by tho same impulses,
1 ambitions and passions as you and I They are every
day through their own efforts in their editions, through
their agents and runners, through that most diligent
' and accomplished corps of reporters, who are circulating
day and ui|ht, gathertug nows in the community.
Kvnry avenue ofeffort and activity is explored by those
I aaiitleirieu. Well, thov are struggling for business,
they are ?truggling for position, thov are struggling lor
1 wealth they ,ire struggling lor Influence. You may
take iwo Of the prominent presses of tho city of New
York or of any oilier great locality, and from your own
observation ami knowledge you will see how strenuous
ly how diligently, how liberally theso oflorts are made,
/he Nkw York Hkrai.d has earned a reputation
world wide for its enterpriso Not satisfied with
the ordinary avenues of success in newspaper publica
tion with a most distinguished liberality it has sent Its
means ol exploration in the path of history ?nd seienco
lo the remote and obscure cornnrs of the oarth. Why
did itf Not entirely as a matter of philanthropy, uot
entirety !n tho pursuit of Its own loartiod or scientific
Instincts but to advance its character and reputation
connected with tho worthy purpose by bestowing what
it was richly able lo bestow?the benefits and advan
taiies of its effort* upon the world. Well, this compe
tuion sometimes leads the newspapor pre,s inlo less
1 laudable pursuits and efforts.
The speaker then referred to newspapor aspen
; .1Bfl fhe alleged libel sgslnst Mr Bowen had been
published by two other papers and the plaintiff_ had re
mained quiet There was such a company i?b the Kldd
Salvage Company. The .Stan had stated that Mr.
Bowon win the projector of tho company, aud that
nentleman had left that undented for two years. It
w is not a very lorloui chargo Mr Bowen's character
must be estimated by the evidence In the case. They
had ?hown what his gonoral reputation was Kight
men had *worn tb'U it was bad. The counsel closed
with a strong appeal for a vordic.t for the defendant
Mr Fullerlon, in summing up for the plaintiff, paid
Thomas Kinsella and the ltugie 'stood there as con
fessed liars." and had been do.ng their best to reduce
tl>e I*mj"08. It was Impossible to slate the Jamage
Which h". been done the character ot MMtowen by
the ou'dlcntion of that llfiel in a pa|>er which has a cir
culation of 25,000. The publication was not a repro
auction of the Svirit ofthf r>m't aud .Sun arlicio.
Judge Reynolds then chared the Jury, briolly de
finlni tbe law on libel and the distinction between that
ort*nc? and slander. The Court then consigned the
case to the Jury, tolling them that as 11 would probably
lake them some time to agree upon a verdict the Court
would adjourn till this morning, and should they agroe
during the night they oould bring tn a scaled verdict.
BUBENSTEIN'S case.
Jacob Rubenstctn, second ion of Isrsol Itubenstoln,
and brother of Pesaoh N. Kubensteln, was discharged
from oustody yesterday by Coroner Simms, as his testi
mony Is unimportant In Its bearings on the approach
ing trial of the allegsd murderer ol the Polish Jewess,
flafa Alexander. I?r*el an4 Louis will be reloasod m
soon a* they can furnish bail.
A DETECTIVE ON TRIAL.
Ward Dotectlve Oarrctt 3, W.illlng, of the Tweniy
seventh precinct, was placed on trial beforo tho Board
of Police Commissioners jreetordaj-, charged with hav
Ing taken from a prisoner nauied Wyman, now in Sing
12> !n monoy and somcjewolry.
Tue ofncttr dtitited faking uiouey or jowslry, and said
that the prftoner W*i $30 In debt for articlos pro
cured hitfi while n?el#uer was bringing him ou a war
rant from Omaha to Mow York.
jho 0M? we* *<tiuuriu?AjMAU.lMM W?dnosdajr.
THE fcOLLfSfi REGATtA.
' ? mmm ^ .
TALI B.WITHDRAWAL ttou BOWTWO AMO
CIATIQ*'? TIT* V1KW8 Or A VBOMUC1 NT AMA
TStTIt OAUSMAN.
Since the announcement tbat the Yalo Navy had re
solved to withdraw from the College Rowing Associa
tion it has been the subject of much dufcussion among
the boating men of the city, and various opinions havo
been expressed pro and oon. In addition to tbo views
already published, the appended Interview with a prom
inent amateur oarsman of New York will bo found of
Interest. It will bo noted that this gentleman Is in
clined to tliiuk that Yale Is justifiod in taking tbo
course she has, and when it is staled that he Is not a
graduate of i bat uuiversity and is familiar in every de
tail with American college rowing, it will be understood
that ho is entirely unbiassed in his opinions. The con
versation was as follows;?
"You have, of course, 6een the announcement of the
withdrawal of Yule from the College Rowing Associa
tion?"
"Yes, I observed It in the TIkrald the morning fol
lowing the meeting ol tbo Navy."
''Do jou think they woro Justified In this action f"
"I can hardly reply either negatively or atlirmatively
to such a question. It seems to ine that altogether too
much capital Is made out of the doings of college clubs,
and Yulo baa been pushed forward very unceremoni
ously, In my opinion, for sovoral years, and received
the brunt of a good deul of liarsh talk and unjust criti
cism. Ono thing is positive: Yalo or any other club
has a perfect right to withdraw from any associa
tion (hey soe fit when they so desire, and the New Ha
von gentlemen must have found some weighty reason
to Induce tbo whole Navy to vote unanimously in favor
of resigning its mombershtp. Tho withdrawal of sev
eral, or all of tbo Kastern colleges, has boon threatened
for some timo, and Yale has taken an Initiatory step
wbii b 1 think will be followed by Harvard, and possi
bly, in that ovcut, by others. This I gather from an ar
ticle in the last Advocate (college paper), In which It Is
stated editorially:?
"Rut wben It can be shown that Harvard has many
creditable reasons (or taking this .ilep (withdraw iug
Irom tho Rowing Association), that she is so situated
as to be placed above all apprehension as rogards
calumny and slander, and that sho Is to row iu company
with the three next foremost colleges In the country, all
three ol whicli have already won ruce.s wliilo in the asso
ciation,-there is hardly any ground, tho supporters of the
movement say, for fearing that the proposed secession
will sully Harvard's honor.
"Tho colleges thus rolorred to are Yale, Columbia
and Princeton, who are alt mentioned as 'seceding'
Institutions. From tins it appoars that Yale is rather
unfortunate in beiug the tlrst to publicly take the step
and thus receive an unwarranted share of abuse, which,
If at all deserved, should full alike, as this ho.ipiug up
ofconi-uro may cause the othors to relinquish their
Intention and thus placo Yalo In a very bad plight.
There is but little doubt but that the Rowing Associa
tion of American Colleges has been going from bad
to worse and that it has been resorted to, in my opin
ion, ;is purely an advertising medium by tho faculties j
of several colleges that wero previously almost un- j
known. I know thut Yalo and Harvard objocted to !
thus beiug dragged into the advertising business, as
they were placed at a disadvantage with fct veral of
their rivals. Some of the crows were allowed to tako
any timo they wanted from their studios and wero
ovenoxcusod almost entirely Ironi col'ege duties for
tlio purposo of fitting themselves for tbo rsco ;
last summer. .Several other Irregularities ocourrod
which, I bolievc, are not generally known. In this copy
of tho liostou .tdtvrfiiirr (Novomber 30), you will find
a loiter written by Mr Chandler, a graduate of Wiliiams j
Collego, who, I presutno, knows what ho is lalKlng
about when he says:?'It would seem desirable tostate |
plainly that last year Amherst, Cornell and Columbia ;
wore improperly represented?Amherst, because two
members of their crew, M. a. lioodnow and S. R. :
Johnston, were not studying for any degree; Colum
bia, becauso G M. Hammond was not studying for any I
degroo; Cornell, because uot a single man" allowed to ,
row, except J.' X. Osirom, who Is to bo an engineer, |
was studying for a degroo. Of those allowed to row,
King was studying for a degree In architecture Jarvis ;
In natural history, Oillis In the mechanic arts. Bartoin
literature Waterman in moehanlo arts.'
?'Not only has 1liU occurred, but a woll known pro
fessional oarsman of this city told mo that be bad boeu '
solicited to coach a collego crew (not ono of thoso men
tioned by Mr. Chandler), ami he being unable to attond
to the work another professional was seenrod, and he
was present with the crow in question at Saratoga.
Willi some of theso colleges it would seetn that honor
Is eutirety subservient to the desire to win tbo race.
Those facts are pretty well known among college oars
men, and doubtless hail something to do with the
secession movement. As far us Yalo is coneorned I do j
not think that tbey havo dono anything which should
elicit such general condemnation. Tbey had a right to
withdraw, and the charge of leaving the association '
becauso they had not won either of iho last two races
Ik a gratuitous moult to a college which nan, as far as 1 |
have seen, alwavs acted fairly and squarely with all
compotitors. In 1874 ibey wore put out of the raco by
a foul, and it is the opinion of many good judges
lhat theirs was the winning crew. Agmin, last summer
they were hampered to a great extent in their |
training wliilo at Saratoga, and yet mado a good race of ;
it, finishing close up with the third sboll and only a :
few lengths i*ehind the winners, who wero credited 1
with two of that distance. In fact, the next four boats
linishod without any clear water between them. Ho
much Tor tho rocord of Yale since their victory In 187a ;
Kvon if thoy bud won last summer tho samo charge of
being afraid to moot the other college crews would nold
equally well, and I think that cowardice Is tho last
thing that can bo laid lo the door of tho Yale Navy,
who year aftor year of defeat has always returned to
the charges, oven when ihe chutico of victory was .
simply a lorlorn hope."
'?You havo seen tho expressions of opinion by
graduates of Columbia and Princeton, already pub
lished, as to the reasons which prompted Yale's with
drawal, what do you think of them 1"'
" Yes, and I hold thoy woro entirely uncalled for.
If the Harvard Aih-oeaU is correct r> girding the
secedors, which I think it must be, tlio gentlem* n who
thus expressed opinions so violently were a little behind
the times. Certainly, If Princeton hud withdrawn I ,
don't think there would havo been much of an outcry,
and I question if uuy Yule graduate would bavo so for
gotten himself as to uso llko expressions as aro cred
lied to tho Princeton gentleman."
" lu your opinion how will tho action of Yale, and
the other colleges roforred to, If they also withdraw,
allect tlie College Association ? "
"That remains to bo seen. If the others do not
secede the association will undoubtedly hold Its regatta
as usual. If thoy withdraw, I think It will virtiially
break up the organisation. "
?' Would It not nave hoen bolter for Yalo lo have re
mained in tlio association this year, rowed ihe race of
18711, and then retired If H saw lit?"
"I do not think it would bavo made much dlfTcrenco
either way. It tbey did not win In 1876, which of Itself
is highly problematical against such a number of com
petitors, they would then bo in a worse position to re- 1
tiro thati now, supposing, of course, lhat in tboir pres
ent actlou they are wrong. II fhey wero victorious It
would be equally plausible to say they were afraid of
meeting tbo other colleges in 1877. It makes no differ
ence at all, so lar as I can seo. Tho whole matter cen
tres here?Has Yalo or has It not a right to withdraw
from the association; or, if Ihe outside public say
'row,' must it waive personal feelings and opinions
and bow to outside* f And in answer to this I say
tlio members of its Navy arc tho sole Judges of what i
thoy should or should not do, and wo, iho outside pub- |
lie, havo uo right to try and control their actions. As
lar as I have observed Ihe main lonturo of the college
regatta is the meeting of Harvard and Yalo, Every
thing Is subservient to this,'and I think more specta
tors would go to soe them row than lo a ruoe without
them."
"Do you think lhat Harvard Is likely to withdraw
from tbo ass ociation T"
"Hnrvard inon know more about that than I do. I 1
believo they will, however, lor the college journiils aro
decidedly in favor of It This is what tho Adavcatt or
December 17 says:?
We nr<) decided I v of the opinion tbat the time lias arrived
for llnrvard lo vindicate her Independence and to ?how, by (
withdrawing from the association. that question* KflVetlog
liar dignity stand above all considerations of her relation* to
other college* Wlietlior Yale ami other college! will Join tn '
in witlidi awing it a necondary yueitioii. whloli it it time
enough for u? to answer when w>? lia?e decided
th.at it is proper for us to withdraw. We may \
l>.- injured tbat Harvard will never loi\e to ftak
fill- rivals, and w.i t'e?l equally nalldinl Hint, after thn J
uraeefni and undignified overture wiileli wrn mule to Hsir. ~
vard I an summer, her graduates and ?ud>-rar*0u?la? w ill
set In fOieh a way a? to preclude the v#ry possibility of lu
Hilt, ami to assure lb >??? In whom die lias every r#ia?on to
?uimose ? dignity and Independence e<)ual to her own What
their conference* with r??ard to fnturo enntesu -an only t>?
Considered ill the ?pirit which they donerve after Harvard
has definitely e?tahli?lied her own position.
"Yet," added the interviewed oarsman, "there Is
something In tills extra't thai I cannot understand. If
overtures of a dishonorable nature, as itislnu it. d, were
mado to any member of the Harvard crow, Ills nothing
more than proper that they should bo made public
that llic guilty parties may suffer Juel eonsuro."
GHJECO-ltOMAN WRESTLING.
Aftor a rather sharp correspondence in the columns
of the Ukrald, tho preliminaries for tho pending re
turn match botwoon Professor Hauer and Andrd ChrWiol
havo been at last concludcd by signing artlclos and de
positing the monoy as tbe ofllco of the Spirit of lAe
Tim**, This match Is best three In Ave falls, for $VW,
and a guaranteed bot of $M0 a side additional, and will
lako place at the Grand Opera House on the evening of
Weiafindiy swt, ?.
Tbo following aro ihe conditions of tho contest:?
1 No hold shall be allowod lower than t he waist.
2. Tho wrestling to bo with open hands
" No striking, scratching or gouging shall be
allowed.
I There shall be no restrictions In regurd to grii>*,
clasping ol hands and Interlacing of angers Colng
Agreed hpAh.
&. Tbo wrestlers must have tholr finger nails cat
close and they must wrestle in soft shots or socks.
6. A fall shall bo declared when either man has boon
fairly put upon his bmk, with Ihe two -boulders on the
ground at tbe same time.
1. In the event of tbe wrestlers rolling over each
oth<fr ftw on* whdSe shoulder* tooon tm gurarnn
first, its Under rul* 6, shall b? downed to have lost one
fall.
& Fifteen minute*' rost shall be allowed between
the bouta, aud either man failing to appear whou
tfme la called shall be considered to bare rost the
matoh.
0. This match shall bo dootdod by oithnr party to this
agreemont winning three fair (alls out uf live.
10. The Judges shall examine the mon before each
boat to see that no oil or grease has been put upon
their bodies.
Colonol T. H. Monstery ts mutually agreed upon as
referee, and bis decision shall be without appeal.
MILLER V8. CARTBRON.
A grand match between Professor William Killer,
champion of America and Australia, acd U. Louis
Carteron, champion of ail Europe, will take place at tho
Brooklyn Kink Christmas night, December 25.
The condition! of tho bouts are the same as those
agreed to by Bauer and Chnslol.
BILLIARDS.
QEOROK F. BLOSHON AND WILI.IAM SEXTON
MATCHED FOR FIVE HUNDRED DOLLAB8 A
BIDB.
On the 16th Inst. George P. Slosson challenged
William Sexton to play a three ball gamo of billiards,
000 points up, for $.r>00 a side, and, In earnest of Inten
tion, deposited $'.'00 with tho editors of the Xptrhman
as a preliminary stake. Yesterday tr .rata; Sexton
called at the aDovo orilco and covered HIohsob's deposit,
and, the principals meoting by appointment tu hour or
so afterward, It was arranged that the nuu h should bo
played at Tammany Hull, January '.id Three young
men have attained great reputation us billiard exports,
and when tbey come together there will be mueh
speculation as to the probable winner.
THE THIRTY THOUSAND DOLLAR |
RACE.
WHY THE PACIFIC JOCKRT CLUB POSTPONED IT.
I From tho San Kranclsco Cbronido, Dec. 16.]
Tho attack of the New York papers on the Pacific
Jockov Club, which has raised some excitement in this
city ts not oxactly fair, inasmuch as It only presents
one side of the question. Characterizing the race as a
fraud aud a sham is not in accordance with the truth,
aud the postponement of it was not the work of tho
Jockey Club, but originally camo from tho conditions in
the advertisement not being complied with. This was
tho cause for the postponement of the outrioa from the
13th until the 20th of October, and ?ho final putting off
was occasioned by adverse weather. When the Club
motto receive tho entries on the evening of tho 13th
of October, at the hour for clusing there were only Tour
legitimate entries, being Springbok, Rutherfbrd
Wildidlo and Revenue, Jr. The advertisement required
five. When this became a fact the "big
purso of $30,000 in gold ooin" was off, accord
ing to all racing law and custom. Hut, anxious 1
that those gentlomon who had come eo far with
tiieir horses should have a further opportunity to pay j
their expenses and something over, the club decided
to postpone the timo of making ontrlcs for a woek, j
which would enable tho owner of Katy Pease to get
here being then on the journey from chl.Afeo to Ban
Francisco. Tho Sid of October the prize plate was run,
anil it proved that ono ol the horses which had boon
entered was either very much out ol condition or an I
iui.Tior animal to those which ho would have to meet, j
It wai evident, then, that tho race would not fill with
)lna \<lr. names. Tho owners of the horses were as
tiiucli i hagriBOd as tho club, and overtures wero "??'}?> .
to have the race come oil with as iwarly as possib.e
the ordinal conditions. Ono proposition was to deduct
$3 000 From the purse and run tor tint sum <IV'^ *
fho lira amount was to have been, aud, should the ro
HSr war r^s?
S-oth^ evening, and the question -of 1
was debated. Under racing rules that post
sr?? sat-iu ??
had rendered the Bay District course unlit to run upon
uuUl theVui of December, Thursday of last week. n
the meantime It had fcoon agreed upon toUeen 'Jj?
ciub and tlio owners ol tho horses that il rhanksglvlng
f)av wae fair, even if the track was not reaily
cood, the ra-o should bo run. Again the rain| came
fn.i i\ie owners united In a written roquost that the
race bo further delayed until Christmas 1 he horso*
"< D ?" ">? <*>?""'?, ",a f
K d. " *?>oh had in. .?;.!? otart.tov.bM. ,
'sss.'j.iMorr.;
exception ol tho couuter claims ol what the prt/.o was ,
tn biT it is contended that the awards were to be t,ov
sasssi I
to tb^fadverUsomenta Now this ,s the caee:-Those
man Who agreed to run for this uncertain aum wero as
much to blame as the party who mado
vhom and should sharo iu the castlgatiou which
the other rumor U the true one vU that one en#
,r.
eouroe thoro has bocu nothing to reprehend in the
maaagers or those who accepted thw change in the pre
"The postponements were certainly forced upon the
. h , i under ibe sum* conditions there is not au
association ^n the Uni ted States which would have
S otherwise. The trotting rule prescribe ttve
? , t .rt limit a raco cftD bo adjourned to, liio
lartr a rac' nlf r- Uric e!i 1 nE n g I and, like lb* Derby and St.
X-ln feu aU 0f the?u in' that country-are not
slderatlon. A club which would rut. tho nek of ? rainy
dfty " who had
?aid ail ht"h is $:i,000 for an outrauco loo would like
fo u" tho changes of ruining their horses by running
heals of four miles ou a muddy, slippery tra? k.
Those very things which peeplo and the papers rcp
roba e aro the logioa! conclusion of these arge sensa.
Imnal mirscl To ac.copt three entries in a purse
wh?h amounted to $30,000 would l?e hazardous to thoso
Z o rt?"l aid ? i? difficult to rfnd many owners
of raco horses who care to put up ton per wit on such a
.,m i'i.o'inxicty to get the host performers in the Kast
?o ake tart in the race induced tho placing the time so
K.?!?.to. M tor... ta
12ih of November lhe track and woat her * ere all that
Ixucca. No one has claimed as yet that any compro
mise ?as offered before the 13th of October, t^e orlg
n il day for th ? closing of entries, and not until mere
was a strong presumption that ' .he race wouM not ^
nil" nu auv change ma<lo in ttia programme.
WhetheVlhat change was MT,000 or "the gate money
is as yet known only to the parties to the rompact
Heretolore the integrity of tho I'ucillc Jockey Club lias
not be n quo- ioiied, and on the preceding ycar. eve y
Sm and d'mand has been liquidated on presentation.
1US to be hoped that there is not adequate ground now
to build oth. r charges upon both on u"?ub? J>f , he
Irent emen thomselves and (or tho credit ol CaJifprnla
i ho Dcoule bt-ro will not uphold any person or club in
nei i etr ltniL' a fraud or bhatn. and will hold to striet ac
count thoao Who are guilty of reprehensible conduct
As the case stands It is difficult to arrive at all the
truths connected with this subject, but the chances are
t? { \ fnw davs will bring tbe wbolo tbtng to ltfibt.
bo'uTh to brieve thai some o! our mon
sssarsr.sr: rp
the evidenco which is to con* ict.
WINTEIt COACHING IN ENGLAND.
? Since the summer coach, driven by Mr. Bailey, has
ceased running from T.'.i.ilon to si. aIImiis, Mr. trank
Parsons, a well known whip of ?t. Albans, has started
ono which it ts Intended to keep on the road as far as
practicable during tho winter. James Selby officiated
as wagoner and Harry Cracknell as guard, and the in
augural Journey took place on Saturday, worember 4
Tho coach slant from the White Horse Cellar ev-.ry
day throughout the week, Sunday* excepted, at half,
paxt ten, the tlrst change uf bores taking place at the
Royal Oak, Child's Hill Krom thence the new team
will proceod to the Red I.ion, Barnet, whore they will
; d? relieved, and the passengers will ilnd luncheon pro
| vlded for them at tho (jeor?e hotel, St. Albans, one
! hour alter noon. Thcco^ch .fill return from St. Albans
! at half pan two, arriving tn Piccadilly at live o'clock.?
The Sj/ortiman, Dec. 7.
' riUZE FIGHT IN A LIQUOR BALOON.
Tbo sporting fraternity of the Fuurth Ward,
Hoboken, yesterday wunes^od a fistic encounter be.
: tween tbo " Hobok-n Clipper" and Peter Croker, at
Ueoglieghar.'s ?alo<>n on Adams street. Kach, previous
? io the contost, sa.d " ho could whip the other." Tbo
> fight was won by tlio Cllpp r in three rounds. Croker'i
faco was foarlu'ly Olsflgurod. So arre?t. ,
A FBEE FIGHT IN HOBOKEN.
Wilhclm Schmidt, saloon koeper, No. 1M Wash'ng
ton street, Hoboken; 11. i^ehler, a milkman, ol Grand
Street; K. Wigabnmt, a laborer, and hit wlfo, all of
Hoboken. wero vesterday accused of assault and bat
tery, and the landlord, Sch mid I. of keeping a disor
derly house, liiapmuch as they h d all been engaged in
! a free fight and bad overturned tbe store, four polict
I men heing required to arrest them. They were all Qoed
1 Uf Recorder Dvbnsledl yesterdai moroin?.
INVESTIGATION,
Reasons for the Increase of Crime
and Criminals.
IMPORTANT CHANGES SUGGESTED.
What Some of tho I^iquor
Dealers Say.
The session of the legislative Committee wai re.
sumed yesterday morning, Mossrs. J. T. McGowan, T.
C. Campbell, U Dessar and Jacob Hess being prusent
Tho labors o/the committee, se fores (he examination
of witnesses ia concerned, will terminate on Wednes
day next.
Colonel J. R. fellows was the flrst witness oxamined,
and in reply to Mr. Townseud said that he was formerly
Assistant District Attorney for nearly throo years, and
had during that time large experlenco in trying cases.
The witness having explained the meaning of certain
statutes relative to the conviction of prisonors, stated
that with regard to the indefinite suspension of sen
tences upou convirtod prisoners judges had no suoU
power conferred on thorn by any statute.
Mr. McUowan Do you know of any power on tho
part ot a Judge, who, having sentonced a prisoner, can
recall that prisoner and discharge hlmf
Witnoss-Xo, sir) ho might modify that sentence
upon proper representations; the judge can call a pris
onor in transitu, for instance, to Stato Prison and
either lesson or Increase his sentence; but if ho bad
entered upon the oxecutiou of hi3 sentenco further
proceedings rested with tho Executive. The witness
thought that there should be more efficiency In the Dis
trict Attorney's ofllco, and owing to the great pressure
of business there should be moro assistants. Tho peo
ple in every instance should be represented by an au
thorized offlcor. The District Attorney has more busi
ness than he possibly can attend to. Thero should bo a
MUMANKNT COURT OF SIBCUL SESSIONS
and the presiding justices should havo tho right of em
panelling a jury. This would very much facilitate tho
present overcrowded state of business. Thore should
be three judges appointed permanently to tho Special
Sessions. A prisonor after arrest appearing bofore a
magistrate, should uot he taken for trial beforo the
same Justico at .spocial Sessions. As to tbo powors of
the District Attorney, tho witness said that, supposo a
prisoner was indicted for some oflenco whoro novo!
propositions o1 law arose and tho District Attornoy
asked for the ruling of tho Court, the Court overrules
him and the prisoner is acquitted by the jury, the Dis
trict Attorney should be permitted to havo a right to
appear before the Court or Appeals in order that suc
ceeding cases may have tho boneflt of Its doc sion.
Till CAL'HB OF CHIMB.
Tho witness stated that in bi3 opinion the immediate
cause of crime in this city was the too free indulgence
in liquor. Tnero were othor reasons that mako the
percont.igo larger In thi3 than In other citlos.
Q. State them.
A. First, wo have a 'arger porcentago of liberty tban
Is onjoyed by any other government in the world. In
other countrios tho prisoners are under more espion
age. When tho criminal is huiitsd down In Kugland
or Germany or in any of the largo cities, aud com
pelled to lleo, he comes to America and gravitates, and
in tho slums of the city can well conceal himself aud
havo a hotter opportunity ol doing his work. New
York Is the sewer through which overy nation pours
its criminals.
The witness then referred to tho provisions of tht
Exclso law, which herald neither he nor anybody else
understood. Witness beliovod that appeal easos ftotn
tho Court of Special Sessions should go to tho Court of
?Appeals direct. He considered tho law allowing a pris
oner to testily in his own behalf dangerous to tho pris
oner, whether ho bo iunoceut or guilty of tho crime
charged against him.
At the conclusion of Mr. Fellows1 evidenoe there was
tead a loiter, In which
kkcokmen mcKurr sat*:?
w a,-TV HSCOHDSS'S OnA?lSt3. ?
D i 2 3f7 B*n*t>wvr. Dee. T. 1873. I
Recorder Hackett preseuts Ms compliments to tho "Com
mittee on Crime," and, ackoow ledjfing tbo receipt of its po
crIminal"*niattr"in "this* l^?^,,tltWWUlTih"!
he does not believe ? criminal Jud^-u should over be in
terrotrated as to his individual view* concerning the adminis
tration of criminal mutter!) in the count* therein lie act* an
magistrate. W hatever he himvir has judicially done and
whatever views ho has evor omdally find on the subject
have been expressed in sentences and chargoa durtuir til.
past ten yoii's ?nU are in Ht tori of rocord.
It would not be delicate, in his judgment, for him to (peak
regarding himself, aud that it wotild be highly indelicate for
InsNt? that'?? ri" ? _10 n?" I1'" * others, and ho respeotfhlly
insists that a regard f?r his own usefulness In tho fiiturS
toward tho public shouliI privilege bim from attendance before
your cnmmitteu |.<r the purposes named. Should, however
the I-egtsliiture when It conveurs overrule these his viows.
and if a majority ol the coinmittae disagree with bim of
ooium be will then rheerfnlly sacrmeo them. '
To Mr. Jons D. TowNsitun, of Counsel for Committee.
A nscinsu OPINIO!*.
Mr. Ambrose H. l'urdy, Assistant Unitod States Di?
trict Attornoy, stated that bo had had o:gbl yearn' ex.
perlenco in tbo practico of prosecuting and defending
criminals Ho might suggest lhat ho considered it an
outrage that a citizen should be arrested and that in or
der to havo an examination before a magistral*) ho mini
stay in jail until indicted. He thought that tlio magis
trate should have tho power to take balL Tbero could
be no objocllou to it whatever. Ho also thought that
any citizen who lives here should bo entitled to an ex
amination beforo ii dictmcnt. Again, the District Attor
ney should have exclusivu charge ofthe tJrand Jurv and
partisans should not be allowed into their room He was
in favor of trying a certain dass of small mi.-demeunors
by information, which would save considerable tune
and expea-e. Judges, ho thought, should be limited
to defining tho law to a Jury rather than giving their
opinion upon the facts ol a case. Thov should no!
comment upou the iacts in charging a jury, in such
cases there woro two summing* up, ono by the Judge
and one by the prosecutor. As the law now stood a
jury often founu a prisoner guilty npon tho facts as
staled by the Judge. He regarded the present method
of arraigning prisonors and taking pleas as most
vicious. Pho Jury sat in court say (rom eleven to
twelve o'clock, and saw all the prisoners huddled to
gether, und naturally booame hardeuod against the one
In thn dock about to be tried. Then, again, a man may
be arrested on a civil process and lodged in Ludlow
.Street Jail. He is placod under f 100,UOJ ball for In
stance, and when his case comes on he cannot appear
unless ho givos ball, which ho may be unable to obtain
This was altogether wrong and should bo remedied]
Again, ho considered thai tho severe sentences inflicted
In certain cases was a decided cause of increase of
crimo. He had read that Dolan had said, "Hackett
would givu mo twenty years, and I might as well have
taken my chance formurdor." He was decidedly op
posed to the private dotcctive system. They often took
prisoners to their own houses, l'ho witness denounced
the system of
i.irARCKRATixo wrryjssss
at present prevailing.
Mr Fellows was recallod and cited numerous ca3e?
of hardnhip which had occurred through imprisoning
witnesses in llio House of Detention. As to the detec
tivo system, he considered It should be secret ? he be
lieved the police force, which was altogether inadequate
for tho protection ol the city, should be under one con
trolling head, who would have full authority in every
particular. '
The committee hero took a recess.
AFTER KECi?38.
John Keenan, oxamined, said ha is a liquor dealer
he had heard complaints in reference to tho adulters'
Hon of sjnrits, but he did not know of anything to
adulterate liquors except water; ho did not approve of
a tax on sales: the proof of spirits was tested by tbo
hydrometer; he considered that thero ought to bo
some method adopted to stop the sale of injurious
liquor, and no liquor should be sold to habitual drunk
ards. women or children at a bar: whiskey ought to ?>?
kepi two years after distillation betora bolng drunk
tbo character of every porson asking for a license
should bo thoroughly exauiinod.
Albert K rails.*, also a liquor dealer, rocsiderod It
wrong to establish so many grades of license; he
Untight f >0 a reasonable tax fbr liquors and beer.
Formerly liquors were adulterated with other, creosote
nn>: single roctlflcd spirits. Ho was in favor of having
excise inspectors appointed to examine liquors, an.: Jr
having a penalty imposed upon those who sold n
Jurioui liquors. Ho thought the Oommisjioners of
ivxeiso should not havo the power to grade licences,
nor should the police havu a right to make arrest.- of
liquor dealers alter court hours It was tho wish of
the liquor dealers to have a uniform excise law through
out tho Stato.
Moses I-nnsberg, who manufacturea bitters, said that
tho retailer was not to bu blamed fur iha Islotsr.ouS
character of liquor. All domcuto liquors aro made
from essential oils and cologne spirits.
NSW TOR* DRINKS THS WORST WUISKST
of any city In ihe Unltdd States. As a general rule
. New Yorkors drink moro foreign spirits, whioh, o(
; course, aru adulterated, whereas in the We?t and South
, thoy uso the domestic article. In Chicago, for lastance,
i tbey have flue whiskeys, because they import very little
| foreign sari's. !n reference to the license question he
i thought that thero should bo a grade; each should
! be as/fostiod according to his sales. Rhine m-ines woro
made In this city; champagne was also made here from
Tluoear and other chemicals.
Patrick Hoore, an oxU>nsiVo dealer, corroborated the
testimony of tho previous witness. Foreign liquors
placed In bond, ho said, wore conveyed frequently inio
an adjoining storo, where thev woro manipulated.
A ft ft SOX At WXPUSAriOIf.
Mr. Peter Mitchell appeared beforo the commutes
and stated that on a previous occasion ho had testified
that In thrco or four Instances tho maglstratos wers
Ignorant of tho law In certain cases. He did jo with,
out malice at the time, and simply referred to It as a
matter ol testimony. Justice Murray subsequently
gave ovideuce and reilected upon his ubaracier, and tie
| (Mr. Milchell) came forward to r?(ule the stalems-*
[CONTINUED ON NINTH .PAOE.l