The New York herald. [volume], February 12, 1876, Page 8, Image 8

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8
THE COURTS.
Another Attempt to Solve the Mysteries
of Tacitic Mail.
IM'kWELL'S BROKER AGAIN ON THE STAND.
Some Questions fie Answers and
Some He Will Not.
Further testimony tn the suit of the Pacific Mail
Cteaiusbip Company agamst William S. King and John
B. Schumakvr was taken yesterday before Commis
itouer Kdum M. Wrigbl, Counsellors Bennett and
Goodwin appearing respectively for plaintiffs and dcfcudanis.
rrnnieit phom stock witu-'n urokkh.
Mr. Samuel I. Harriot, broker tor A. B. Stockwoll,
continued bis testimony. Counsel for tbo plaintiff"
rkcil it the firm of Harriot & Xoyos received a check
en February 7, 18712, from the Pacific Mail Steamship
Company for $300,000. He answered that they hud
receivod such a cheek, but that without his
loan hook he could not state positively to whose
account it was credited. In answer to further
questions ho stated that tho firm of Harriot k Noyes
kcceived a check on March 9, 1872, for $;ils,ooo from
tho Pacific Mail Steamship Company.
Counsel?What did you receive this chock lor?
Mr. Harriot?Wo delivered ft,300 shares of Pacific
Mail stock and received the check in payment.
Q. To whom was tho chock credited? A. It was
emitted to Mr. Stockwol! and tho .'>,300 shares were delivered
and charged to account of Mr. Stockwoll.
y. Who el-e was interested iu this transaction ? A.
I decline to answer.
Q. Do you decline to answer on the ground that it
would tmplcate your firm in Mr. stock well's transactions
? A. I do not.
Q. Did you have an understanding with Mr. StockWell
in regard to the other directors, or why do you
wish to conceal them ' .\. Because I do not wish to ills
etnse tho private In;-mess of our office; 1 merely acted
as Mr. Stuck well's broker In everything 1 did in thoso
transactions.
rut: nnoKKK's cot nsbi.
Mr L. K. Chittenden, who was present as counsel
for Mr. Harriot, hero arose to make some remarks and
was immediately interrupted by Mr. Bennett, who protested
against his appearing at all in tho case except as
a spectator.
Mr. Harriot then resumed and answered a nnmher
of questions put to him l.v the counsel for the plain tills.
Ho feedOn tho 7th of February, lfc7'2. wo borrowed
J.Utu.OoO from ilio Pacific Mail Steamship Company ui>d
it was cbargcd to ''loan account;" tho money was obtained
on the application of Harriot & Xoycs; miscellaneous
stocks were, I suppose, giveti us collateral security
lor the loan.
y. Have you any record on your books of what nature
these stocks were t
A ruiUTIVE DKCL1NATIOM.
A. I have, but I decline to produce tlie books,
y Did you receive a check from the Pacific Mail
Company on the 13th of February, 1,H7'3 t A. Wo received
a check lor f34.42fi Irotn them on that duy; tlio
money was paid lor 600 share- ot Pacific Mail slock,
Which were delivered to A. It. gtockwolL
y. What is the heading of the account in your hooks
In reference to those transactions V A. I delivered the
Stock to Mr. Stock welt, and received n check lor it;
* that is nil I know about It.
y Did no conversation occur between you and Mr.
Htockwell regarding his right to use the money of the
company in this way, and was the subject never mgjroMcd
between you ? A Xo, I merely acted as his j
uroKer: on tho 14th of February, 1872, we received a
check lor 407 A3 and delivered to A. 11. Ktockwell
t,000 sharus of Pacific Mall; ou the 19th of February.
?K7'4 we received a efit-ok lor 1109,009; it was charged
to "loan account" and we subsequently gave collateral :
for it In miscellaneous stock.
Q. Have you not got records of tbeso loans and
transactions ? A. 1 hare, but 1 will not produce thorn;
Harriot & Xoyes were the only parties Interested in
the money borrowed from the Pacific Mall C'onijitny.
,In atiswcr to further questions Mr. Ilarr.ot stated:?
On February '23, 1H72, we received a check for
$400,000 Iront the Pacific Mail Company, which was .
used lor carrying stock lor the company; 1 eon hi not
tell for whose special account the money was used;
wc borrowod money whenever we required it for carrying
stock, and the only account it was charged to was
"loan money jt was lor tho ben. lit ol different dealers
with Harriot A Noyce as brokers; Mr. Stockwell
was one o! thetn, nml the others 1 don l remcmlier.
y. You were currying stock for ttic benefit of Mr.
Ftockwell and other directors of the Pacific Muil Com
. pany and using the money of the company for that
purpose, and yet you reluso to tell who iho other
directors were ? A. 1 did not know anybody in these
transactions but Mr. Stockwoll.
Q. Do you not know that some of these checks were
never entered on the books of the Pacific Mail Company
1 A. 1 do not.
Here Mr. Be line* I produced a nutnl>er of checks, and,
exhibiting tlie indorsements only to the wttucss,
asked him to identity those bearing tbc indorsement ol
Harriot A Noyoa The witness refused to do so unless
ho was permitted to examine the lace ol Hie checks ub
well
LOORINO APTKR TltK CHECKS.
Mr. Dennett refused to lot htm take the cheeks In his
Land.
Mr Harriot resumed?I dont know that any mom
IIVI *? VUI IIIW1 IM4UC fl|'|7lJV,t. H'll IUI HIC-C bllUl'KS 1TMIU
the I'acillc Mail Coin puny: tho.v came to our olHcc In a
regular business way; 1 had frequent interviews with
Mr. Stockwell and was frequently in Iho raclflc Mail
oOkcc; the subject of these checks was rarely brought
up between us; I was buying and soiling slock lor Mr.
btocktvell, and that was ray business, I don't remember
talking with Mr. Hollows, Mr. Bagster or Mr. John
M Hurke in regard to tbeso matters. They were not
Interested with Mr. .Stockwell in any loan account
q \\ ere they Interested in any account '< A. That I
decline to answer.
q. Did Mr. Stock well deliver 10 you several thousand
elmrcs of l'anauna Railroad stock about tUis period 1 j
A. I do not know.
q. I>o von not remember anything about 9,.100
bares of f'noatna Railroad slock V A. I don't recollect.
What tunc do yon refer to V In fact 1 don't recollect
anything without referring to my books.
q. During all the time that you were receiving those
cheeks Was not Mr. Stockwell "heavily interested, with
Others, in your operations ! A. Not all the time.
q. Did it result in profit or loss? A. I decline to an wer.
q. Was Mr Masterson interested In these transactions!
A. I decline to answer.
q. Did you not center with him Ircquontly and wero '
ot son.c of these checks placed to his credit jointly
with Mr. Stockwell! A. I decline to answer.
q. Did not n large portion of the money received
from the Pacific Mail Company go to William Hush's
firm lor losses incurred! A. No, sir; what we received
from the Pacific Mail Company was either as a loan or
as payiwstu lor dock delivered.
THS. (OXIKKSMOX.VX SCHMIDT.
q. About the time you were drawing this money was
the subsidy question before t'ongri"--, and did not the
Stock fluctuate considerably on that account! A. 1
think the subsidy question was beforo Congress, and
the stock did lluctuate.
q. Did not Mr. Stockwell ana other directors with
bun lose heavily about this time! A. 1 decline to
answer.
q. M as Mr. Fred. Hillings a director at this time, and
do you remember Mr Stockwell delivering you a check
to square up his losses! A. 1 don't remember anything
shout It.
q. Did you testify before the Cdngrefslonnl Committee
that thorgfs wero made on the books of the
Pacific Ms 1 Company for loans which you never re- j
ccived* A. 1 could not make any such tUtr merit, j
q M list checks d d you receive on April IK, 17 and
19, 1S71, fr*fn the PaclQc Mail Company! A. Wo received
or. April 16 one for #lSo,600: on the 17th one for
ga.YOou and one lor $ 19,000. and on the 19th one for
fl6-J,kk7 eO atid on<- lor $176, bOO.
q. ro whoso credit were these chec ks placed f A.
Tliey were given fbr slocks delivered to Mr. Stockwell, |
and the checks were received in payment by order of
ktr. Hock wo'. I.
esrnntwo rat vara corsysu
Here Mr. Chittenden's private counsel attempted to
i>eak to tbe witness, tils client, and Mr. Bennett arose
and strenuously objected to any interference on the
part of the counsel, and called on the Commissioner to
exclude Mr. Cblttet.d; ti from the rootn altogether or ho
would not go or. with the examination. Otumlssionor
M ight interfered and restored peace and the tuvcsiiga
Iron proceeded,
units Hiai Y ciik. cs
Mr. Bennett then called the atteution of Mr. Harriot
|o m rhettk d.iicd March 7. 1*72, for $200,(WO, and at-hod
bun If In* bad any record of it on his books.
Witness replied thai lie hail nut on that date.
It was subsequently discovered that th.!< rheck, ns
well an another for f 318.000) was deposited, According
lo Mr.-Hurrlot's statement, on March 9.
Q. 1*1)1 you not, alter receiving the chock fur
$ 118,000 on the 0th of March, send to Mr H. 1'. Smith
for another chock tor fttOn.WO. which ho rclnsed to
give*' A. I don't recollect anything of that kind.
g Don't you remember saying that it was Mr. Stockmen's
order that von should' get it; don't you remember
any difficulty with the I'scilic Mail Company about
that check > A. 1 don't remember anything about any
difficulty; we dellrered so many shares of stork?6.OOP
shares at one ttinc nud 5,300 at* another?and received
theae checks in return, probably by Mr. Stock well's
orders.
MIL STOCKWEl.L'S ACCOVST.
Q. How many page* does the account of Mr. Stockwell
cower wnii me firm of Harriot k No yes * A. li
would take six tnunth-to anrvrer you tiiai. (He sub
senuent!y discovered ihat it would tako only a few
uui.liter lo answer, as the account occupied but sr?cn
pages ol the lodger.)
in answer to other question* regrrding Mr Stockwell's
transactions w.ih the t.rw or Harriot A Not es,
the outness staled that he had furnished no Statcuii nt
ol them to any one but Mr. lock w ell.
The nm-*tunit ton was hero adjourned nntil cleren
'block this morning.
L1REL SUIT AGAINST THE 81!N.
Mr. Cbcrles D. (>rwls, who has entered suit for
$20,t.flO against the .Vu.? for an allseed libel published i
u the 1 Oil* ol la.-t November, recently moved through
fcia counsel, bclorc Judge Van Brum, ia she Special
NEW YORR. :
Term of the Common Pleas, for on order that tbo defcmluni
furnish a bill of particulars. Tbe answer to
the suit is that tbo article in true. In bin dccialon,
given yesterday, Judge Van Hrunt says:? "The only
authority which tbe plaintiff has been able to rile in
support of hin novel appliculiou in the case of Tilton
vs. Heeober. It seems to have'been assumed i hat
tbo Court of Appeals, in tbo decision ol that
case, has put forth m.iiio new ami hitherto
unfamiliar doctntio with reference to the
granting of applications lor bills ol particulars.
Hut an examination ol thia case will show that the decision
was strictly iu accordance with the practice before
the rode [itul in entire harinouy with section 16*
of the code, and does liot support the position of the
plaintiff on this motion." He then goes on to show that
iimler tiio section quoted the power of the Court to order
a hill of particulars is limited to the case of a claim
being inone upon one party or the other, and it is the
particulars of this claim' which cau l>c ordered. Tbo
woro "Claim,' lie eiu s, is equivalent 10 a aieintuiu, i
and cannot apply to a mere defence. It would, there- J
lore, appear ibut this motion should be dcDlcd; bow- |
ever, no Is constrained by tbo dec ision of Judge J. F. 1
l'uly granting a bill ol particulars to the khhic
Iilamtid in bis hlicl suit ngainst tbo Timet.
n that decision Judge Paly bold tint the Court hud
power to order u bill of particulars, and until th's decision
is reversed by the ileneral Term ho (Judge Van
Hruut) should lollow it. He therefore orders defendant
to furnish u hill ol particulars, showing who the persons
were who suspected the plaintiffs houesty and inI
stunted Inquiries and learned that his record" was not
good; iu what Toronto puper he advertised for clerks;
the kind of lousiness transacted by hitn in Ciiirago par|
taking of the nature ol swindles; from whom lie received
consignments while in tins cjty and to wliom he
failed to account, and the names of the iiersous whom
plaintiff swindled by means of notes indorsed by Head.
MANUFACTURERS AND BUILDERS'
BANK.
' In the assets of the Manufacturers and Builders'
Bank arc two promissory notes given by Hugh Young
and James Young lor $4,000 and 10,000. The receiver
ot the hank lias made an application for an extension
of lour years to pay these notes, as thero is no prospect
of realizing on them short of thnt time. Tho receiver
also made application to sell $lSo,uOO worth of
Southern Slate and eouut.v bonds. They haie no market
value, and it is now asked to dispose of them at
auctiou. A referee has been appointed by the Supreme
Conn to take testimony as to what disposition should
he made of these matters.
SUMMARY OF LAW CASES.
The jury in tho caso of I.eon Illicims against Collector
; Arthur, in the United States Circuit Court, to recover |
alleged cxco-slvo duties paid upon importations of arti- i
lieial Bowers, returned a verdict yesterday for tlio j
I plaintiff for (he full amount claimed.
The jury were unable to agree in the suit brought by
; Philip A, Kaden against Dodd's Express Company,
! tried before Judge Curtis, ol tho Superior Court. Ho
j sued for $514 75, tho alleged value of the contents of a
j lost trunk. Tho company defended on iho ground that
its liability did not* exceed $100, this being the sum
; limited for damages in the receipt.
Id the matter ot Thomas Stewart, steward of tho j
British ship Neptune's Car, held by United states
Commissioner Osboru for extradition to England :
upon a charge of assault with Intent to kill liichard 1
Buckingham, mate of the vessel, copies of all the
papers were yesterday sent to the Secretary of State, 1
upon application of A. H. 1'ordy, defendant's coon- ;
sol, upon appeal lrotu ihe decision of the Cohimig- !
sionor, and also that of Judge Blatchford. who dis- !
| missed the writ of certiorari taken out.
At a meeting of the Judges, of the Marlue Court, he'd
yesterday, Officer (Benson was removed, and Joseph j
P. Morns appointed an officer of tho Court in his '
stead. Mr. Morris was for many years one of the :
mosi attentive and efficient o(Hcors of tho Superior 1
Court, but, having received ids appo'nfment there at
Hie instnuco of Judge Ereedniau, tie was, when that j
.Bilge's term expired, compelled to give place to a
henchman of one ol the Incoming Judges. He re- j
coives Ins proseiK appointment on tho rocotnnicndat
ion of Judge Sheridan, who was familiar with his
former services.
About the middle of January last complaints were re- ;
reived at the Post "Office of ' the non-delivery ol two
registered letters sent for delivery from Station E, As
is usual In such cases tho matter was placed in tho ;
hands of Mr. Sliarrotts, special agent of the depart- 1
intuit, and vosterdav was Billy explained. It was nsi cr. i
tained that the letters were given to one Albert K. '
Jeuther, a letter carrier of Station K, tor del very, and
shortly attertvard and before the romplaints were received
he obtained a short leave ol absence. He re- 1
turned to this City upon Thursday morning, and. u[>od
bciug brought before Mr Sharrvtts. admitted thai he
had appropriated the cotitonts of the missing letters?
one of which contained $3 and the other $11. He said
the letters hud been destroy, d and that he had delayed '
detection by signing tne receipts to both. The accused
was held In $'2,6110 t.ai! by Tutted Stales Commissioner
Shields for examination to day. Jeuther has been a
carrier in the department since Juno, 1H7.V.
Judge liurrett lias dented the motion to set aside the
order of publication in the suit brought by various
stockholders of the t'nlted States Masting ' hi Company
against the Giant 1'i.wiler Company and the Atlantic
Powder Company of California. He holds that the
property which was the subject ol the action was personal,
and that ihe order should not bo set ns.de
merely because the Court has not Hie power to enforce
the assignments ol these foreign corporal ions, inasmuch
as it ran nullity the conveyance and reinstate
t lie plaintiffs to the ownership of I tie rights and franchises
o! which they have I con deprived, and in tho
exclusive enioyment of such property within tills
Jurisdiction.
i Suit has been brought by the Germania Bank against
William Kitlien to recover $1,320 20, amount of checks
deposited by him and having the indorsement of the
New York Mercantile Journal Company. Killien received
the checks from one Schottc. who wa? an employ*?
of said company. The latter disavow their Indoiscment.
and so the bank sues Killion. The ca-e
came up lor trial yesterday before Judge Curtis, of tho
Superior Court. Tho defence is that both the hank I
and the Mercantile Company were guilt} of neglect for
not finding out for uiure than a year that the Indorsement
was not genuine.
In March, laTO,' Mootner 4 Co., agents for tho barge
Hhincbeck. made a contract with the Lorillnrd Steamship
Company, then being formed, to furnish tho '
barge for one year at piers Nos. 33 and H4 Knst Kiver, 1
to he used in loading vessels, llic company agreeing io
take proper c-arc of her. The owner of the barge, Herman
K. Hsucr, has mod the company tor $1,220 78 damages
for the loss of his barge, which was damaged at
the pier through the ueglect of dcfoudmtiW, as alleged,
and was sunk in consequence. The case came to trial
yesterday before Judge Van Brunt. The defence sets
up thai ihc barge was trot in a tit condition nor soch
a one as the contract contemplated, and that In sinking
she took with her $4,0<?i worth of cargo, to defendants'
loss, and the want ot care is denied. Tho jury
will give a sealed verdict this morning,
j The suit of John l'altcn, proprietor of the 1'aclflc
liotel in Greenwich street, against his neighbor Willlam
J. Slit, was tried In the Common Bless yesterday
tie fore Juog.- Van Hoesen. Tha complaint was for tres
)mts by inserting a t>eaiu trom defendant's promises
into the rear wall of the hotel, and It charges Hint the
de.'cudnnt, who tsacoffoe grinder, causes some of tho
rooms to be almost uninhabitable trom the constant
unise of the machinery, the tine dust of the coffee and
the penetrating aroma, and Hint people were driveu
from the hotel lu consequence, for all of which damages
were claimed. The delencc admitted a nominal trespass,
hut claimed that coffee grinding was a lawful
business curried on in a lawful manner, and was no
nuisance. Tho Court In.-tnictcd the Jury to give subtniitlHl
damages only in cuse they found the complaint
of a uuisane-o proved. The Jury awarded plaintiff $1,600
nn-l five per cent allowance.
Mary Barbara, an Italian, ngcJ fifty seven, married
and having sis children, was found silting on Barclay
street soliciting alius from passers-by, and was nrregtod
and taken before Judge Bixhv, where she said, "J am
poor and can get no work." She was committed to !
the Workhouse for sixty days ns a vagrant Somehow
Miv n.ir HUM n- I'liumv .1 Iiai-vu." tur JUl* nuu hlir was
taken before Judge Lawrence, In Supreme Court,
Clumbers. yesterday afternoon, where Mr, IV. V. Leery, '
ol the District Attorney's office, put In as answer tho
fact# above mated. Judge Lawrence bold tttc prool insufficient
and discharged 'he prisoner, saying he
thought the legislature nover intended that every poor
creature ao.Ruling a gratuity should he sent to tho
Workbonse for sixty days. He considered the law on
summary convictions uu-ettled and suggested au appeal
to (ienernl Term in this case.
An interesting will contest runic up ye?i?rday before
Surrogate Van Rchaick?that ot the iatc Walter Pearsail.
who died m this city last summer, leav nc property
valued at between $73,000 and i 100,mm. Two
wills h?\ c boon offered for probate, one dated October
ah, and the other June 10, 187.V ity tho lormer
the property Is left to his wife Ann KliSa nud other
relative*, ana by tho other to a daughter. Eli/a Jane
I'carsoll, res ding at l.tiwiboih, N J In August, ISC.'.
Mra. Pearaall obtained a divorce from her husband, and
in June, one or two months beiore hi# decvn#e,
Mr. lV.rsal; e..te uted the other will, deaeing all lit#
property to hia daughter aud appointing her sole executrix.
ftie deceased had no children by Ills wife
Ann Kjiaa, and the 1- raVces under I he lirst will claim
that Kl.aa June, tb( legatee unuer the lust Will, is an
Illegitimate ehi d, and, beyond this, that uudue Influence
was exerted when the deceased was io.up.iblt or i
Baking a will, the petition ol the daughter for tho
probate ot the will alleges that the decedeut left no
widow The subrent ing witDvaMea to the last will were
examined yesterday, itlur which thy matter was ad- ;
Journed.
In l'art 1 ot the Mnrin* Court yesterday, before Judge
Goepp nod a Jury, was tried the case of William K. Koo
gainst Krancta tvtelsii j and Otto K. Mulicr Koe sues
as a substltnted kdinin soator ol the estate of Ellen 1
Douglass to looipc. deftndanti as bond>men to pay
over #719 87 which the r principal, William iVxiglnsa, a
former administrator. removed, had faded to pay oxer.
It ?p;ie*y?-ti In the case that l>o.iglus got his le'tt? r* of
administration on the plea that he was the husband of
deceased, but Ho*', the present pla'ntlff, subsequently
showed a lictter right to that rel mon bctore the Sur
rotate. It waa ftir.hcr c a uiod in the en-e that noauch
person as Mul'cr, tho rodeft admit, could 1-e found, mid
that he never executed the bond on which auit was
brought. Jmlge l-'oapp directed a verdict ,n lav ,i or
plaintiff for tho full aunt, including interest?in !',
JXrtl 'A
Xuho'as Poll, of Botkmnn sir. ot. sued one of his i
rurtouvera. a Mr. OsnSS, to rcoorer |74 as ilia value of
an overcoat. Tin ca.-d C-unc t*.? trial in fhvt 3 ol H4A
Marinet'ourt, hofore Judge tfcAn.im aud a jury, yes- ,
irru.iy. Th<' Joft| c (jl Mr w*| tl^i the Cv*l
*n? an mi|wiCm ftl, ami i.ot i-uoh a fust?l.iu /oat at
I'Uuitlg ?trvtd l? ::.?kc, au<l*ui> thin ground hwl Nm
rejected l.y J. fiiiilanL la order to ??**t the fitting of
the coat, tbo defendant put it uu in Court. and a wii
HERALD, SATURDAY, FE:
ess pointed out that it wai too high tn the collar, toq
long In the skirt ou occ aide, and not square enough
on the shoulders. Plaintiff's claim was that the coat
win a good lit, and the only complaint which detcndanl
could make war that be did not look quite ay attractive
In it ai he expected he would. The Jury found in favor
of plaintiff for principal and Interval? In all, $82.
DECISIONS.
bUFHEMB COURT CHAMBERS.
By Judge 1-awreuee.
Weber vs. Wobor and another.?Uranted. ,s*
ll.ige vg. Aslor Fire Insurance Company.?As there
is judgment in favor of the defendants 1 do not see
why the receiver should pay $1,000 and release a judgment
for over $1,000.
Hurried vs. Cohen.?Mr. nursted's affidavit should
state that there are no infants. It states through a
clerical error thul there arc no defendants.
Kouton vs. Liu rant.?Motion denied.
Huostermendta vs. Mayorga and another.?Motion
i denied, with costs. Memorandum.
By Judge Barrett.
I.nngdon vs. C.ray slid another?Nos. 1 and 2.?i.et
! ex nurto orders bo nrenared in earh suit, with notice
of settlement, for Monday next ?t eleven A. M.
Kuekeo vp. Mead; Hcutherton vs. Hcutherton.?
Orilers granted.
Gardiner vs. Tbo Mayor, >Vc.?Order settled.
Mutter of Gilman.?Report confinned, except ns to
the recommendation nt tlic close of the opinion ; as to
that I am not, as at present advised, prepared to make
iho order which the petitioner seeks, but I will reserve
the point until I have secu and conferred with Mr. C.
M. Whitney.
Matter of the Atlantic Giant Powder Company and
another.?Motion denied, with $10 costs. Memorandum.
SUPERIOR COURT?SPECIAL TERM,
lty Judge Sedgwick.
Willking vs. Winking.?Motion denied for want of
proof tliul deleiidanl lias means ulid without prcjudico
to a reuewul of application.
Huruians vs. Wilson.?Motion domed, with $10 costs
to abide event
Martens el ul. vs. Martens el al.?Bond for guardian
ad nicm approved.
Stewart el si. vs. I.indniAii ot al.; Hull vs. Cowdrcy
Ota).; llenoquin vs. Iluitoriield.?Order granted.
COMMON PLEAS SPECItL TERM.
By Judge Van Brunt,
Orvis vs. Donne.?opinion.
COURT OF GENERAL SESSIONS.
Before Recorder IlackctL
THE STORT OF A FLUTE.
Frederick H. C. Crake, a musician, living at No. 32
Spring strcot, attended a ball at Tamtnuny Hull on the
19th of last month, nnd while on bis way home about
midnight with a flute and a piccolo under bis arm he
was stopped in the Bowery, near Houston street, by
two youug men, who knocked liim down and robbed
liiin ol his instruments, valued at $100. A week later
Ofllcer James I.ittlc, of the Seventeenth precinct, was In
a pawnbroker's shop In First avenue when a young man
entered, oud, taking a llute out of a basket which
lie carried, oflcrod the instrument in pledgu for a loan
of $!>. The proprietor of the store dccliued to receive
the "noisy stick," whereupon the young man replaced
it in the basket and left the store! The suspicions Of
tlie ofllcer were aroused by tlio careful manner In
which tlie Instrument was covered, and he followed
the yotiih and asked him if he were a musician, lie
replied that his father was, and that the Utile belonged
to the latter. This story proved untrue, and the officer
took the youth to the station, where he gave the
name of Terence McKonnn, of No. heh First avenue
Ho stated that ho had received the fluto from
John Grant, aged twenty, of No. (122 East
Thirteenth street. On going to that place the
officer found the father of Grant, from whom 1
he obtained a piccolo, which the old man staled hild
been brought to iho house by his sou James and not j
John. The lalter son. however, was taken into cus- '
tody on the strength ol the statement made by j
McKonna. The instruments were identified by Mr. ;
Crake as those which had been siolen from liiin. and j
the youths were indicled for highway robbery, Hie
musician positively identifying McKenna as one of his
assailants. The case was disposed of yesterday before
Recorder Hackett. The entire Grant family went upon
the stand and testified that the instruments were
brought to the house by James Grant, whereupon Assistant
District Attorney Bell entered a nolle prosequi
in his case. .VoKcuna was found guiliy of receiving
siolen goods and sentenced to two years' confinement
in the State Prison. James Grant has not been seen
siiice the arrest of his brother.
A STARTLfNO VISITOR,
John Kirwan, jxf 241 Monroe street, was lying in bod
at midnight of Monday last when he heard a suspicious
noiso, and called out "Who's there?" Scarcely bad
Iho words escaped bis lips wheu ho was sprung upon '
by a man who pointed a pistol at his bead, seized a (
pa r of trousers and a slilrt, worth altogeiher $7. and
made off with them. Officer Christopher Dixon, of the J
Thirteenth precinct, saw the robber leaving the preni
Ises and took him lu custody, when the prisoner gave
the came of Morris Moriarty, of Scarninel strcot. He
was brought before Kccordar Hackett yesterday and I
pleadod guilty to robbery in the tirst degree. His Honor,
In a lew pointed remark's, exprnsund the ?imgnuui'? !>
felt to seudUig young men to Stale Prison for long f
periods, but tinted Unit the public welfare demanded
thiU tuch a crime as the accused had pleaded to should |
meet with condign punishment He ihorofore sen- !
fenced him to confinement m State Prison at hard
labor lor filtcen rears.
COLLECTING OTHER PEOPLE'S BILLS.
Joseph G. Conkliu, coal dealer, of No, 104 West Thirtyninth
street, appeared as complainant against James
Cullnm, a boatman of Rondout, N. Y., Whom he accused
of obtaining money by false pretences. It appeared that
the accused called upon Mr. Conkliu on November 20
represented himself to be captain of the canal boat
General Doubleday. and collected some (50 due the
owner of that boat for coal transported lor Mr. Conklin. |
Cullain was convicted of the oflenco yesterday and sent
to State Prison tor three years.
ONE MORE JAIL BIRD.
Joseph Doyle, aged twenty, who stole a gold watch i
from the (awson of George Kawlings, of Brooklyn, on
the 6th of this month, pleaded guilty and was sent to j
the Penitentiary lor three tears. I
8TEALINO A TRUNK.
James Rynn, a porter, was arrested on December
15, while carrying olT a trunk from on express wagon
standing in Hudson street. The trunk was the properly
of Nofman G. Kellogg, anil contained (200 wgrlh
of clothing. The prisoner, on being arraigned yestorday,
stated, with tears In his eyes, that he had
been hired by a stranger, w horn he supposod to bo
its owner, to carry the trunk loan express office on
Broadway. The Jury did not believe his story, nud
the Recorder sent him to State Prison for throe
years.
TOMBS rOLICE COURT.
Before Judge Plammcr.
PASSING A WORTHLESS CHECK.
Trial! C. Allen, Kdw.ird Myers and J.'L. Harrison i
were yesterday bold to answer on a charge of being
toiu11y concerned in passing u fraudulent check for
$150 on Henry Nichols, of No. 75 Hold street.
STEALING A HORSE AND WACiOlfc
William Williams, of No. 24 Spring street, was com- :
milted for trial at the General Sessions on a charge of
stealing a wagon and team ol horses, valued at $K00, ;
the property or Frank Copemun. of No. 400 West Thirteenth
street. The pro|?eriy was recovered.
WASHINGTON PLACE POLICE COURT.
Belorc .fudge Morgan.
ALLEGED HOTEL THIEF.
About two years ago n lady, occupying room No. 508
at the Grand Centrnl Hotel, was aroused from hor repose
by hearing her door close. She jumped up from
her bed and saw a tuan rapidly walking up the corridor.
She iheti raised an alarm, and found that $200 worth
of jewelry had keen stolen from her room. The thief
could not then l>o found, but yesterday a middle-aged
man, named William Curtis, found at the hotel, was
arrested for the crime and commuted. j
BURGLARY.
AS Officer Fitspatrlck, of Ihe Twentieth precinct, was
patrolling his post on Ninth avenue on Thursday night
he found the door of Natlnn levy's butcher store, No. i
230 Ninth avenue, open, and on entering found a young
uian ttehind the counter. In court yesterday he gave
Ins name as Charles Hlock. He entered the' store by j
means of a skeleton key. and when arrested a loaded
pistol was found ou his person. He was hel l in $2,Out)
to answer.
INHUMAN CONDUCT.
Eugene Hess was field In fllW to answer for cruelly
torturing a dog in the rear of No. 422 Tenth avenue,
w here the dog was found lying In agony, with Ms
throat cut kii'I a fearful slash by a kn:in' across Ins
bowels, so titnt Ihe intestines protruded The animal's
agonies were ended by a shot from an officer's
revolver.
ESSEX MARKET POLICE COURT.
Before Judge Ottcrbourg.
STEALING A Ml'SKET.
Hubert Ki.hnrdson, or No. 14 l/owts street, a private
of Company K, Sixty ninth regiment, NlJ.S. N.Y., j
v? held in $300 ball on complaint of Capt.vn Pushing,
of the k-ftne company, ?l?o charged him with setting
n ino?ket wblch bad been delivered to bun when ho
Joined the company.
ASSAULTING A PKPLEI1.
Jacob Harrer, ol No. 113Ktdge street, was fined $10
tor n*';"tulting Jacob Friedman, of No. 2 i9 Stanton
licet, a Jewish shoe pedkr. A number of others,
who have not yet been arretted, took part in the assault.
their object being to rob l ricdn.au of the shoes,
which be earned on bis buck.
^OLICE COl'UT NOTES.
At the Wu-bliiglon Tlaco Police Court yesterday Otto .
Scluncclcs, of No. WJ Uuiltou eftyt, w?s held in fiCO ,
to answer for the vtolatiou of tbo lottery lawn
Detective Kennedy, of the Central Offiee, ar
rested l'bliip Marks at the corner of llroadwav and
<
BRUART 12, 1876.?WITH
Howard street, In the net of picking pocket. Marks
was held in $300 to answer.
A boy n a mod William Davis was also arrested and
held for picking pockets in the same locality.
At the Tombs 1'ol.ee Court yesterday Dledrich I.arapkia
was held in $1,000 to answer on a charge ol keep
lug a gambling saloon at No. 12 South street.
COURT OF APPEALS.
Albakv, Feb. 11, 1176.
No. 167. Hull vs. Mitcheson.?Argument resumed
No. 101. Ilcnry Faucet, respondent, vs. Frederick 8.
Nicbollg, appellant,?Argued by Gcorgo B. Bradiey,
of counsel lor appellant, and by W. B. Ruggles, for
respondent.
No. 169. James Walstenholmo, etal., appellants, vs.
The WulsteDtiolinc Miuiufhcturhig Company, respondent?Argued
by Benjamin H. Austin, of counsel for
appclluuts, aud by K. C. iSprague, for respondent. Case
still on.
Adjourned.
CAt.KIf DAR.
The following is the day calendar for Monday, February
14, 1870:?Nos. 196, 199, ltLS, 200, 202, 200, 170,
206.
UNITED STATES SUPREME COURT.
Washinotos, Fob. 10, 1878.
In the United States Supremo Court to-day tho following
casus were heard:?
No. 142, Stone vs. Towno et al. ? Appeal from the
Circuit Court for the District of Mississippi.?Tho sole
question in this case is whether a ceitain judgment
confessed by o?e Woodman in favor of the appellant
was an honest and valid judgment or was void for
fraud and collusion. The Court below found it to be
fraudulent aud void. It is here contended that the
, Court was brought to this erroneous conclusion by admitting
Improper eridonco and by tlio exclusion of
legal evtdonco, and particularly in rejecting oral tcsti
mony in respect of a matter which was also contained
in written hooks, but not necessarily so, and ruling
that the books contained the only legal evidence wh'le
tliey were in existence. This ruling is said to be unexampled.
Wright & Lowe for appellants, Josapb Casey
for uppellecs.
No. 14S. Lofenstoin vs. United States?Frror to tho
Court ol Claims.?The claimant sought to recovor damages
for not getting certaiu bides which he bad contracted
lor with the proper ofllocr. The contract was
that ho should have all the hides ol beef cattle slaughtered
lor the Indians at Fort Sill, Indian Territory, for
a certain period, which the Superintendent of Indian
Affairs at that place should not decide were required
for the comlorl ol the ludluns. The Court below decided
lor the government, holding that in the first
! place the Olticer making the contract was not authorized
to make It, and that in any case thcro could be uo
recovery because the cattle were ultimately turned
over to the Indians on foot, and tho "United suttee did
no slaughtering. It is contended here that as bides are
j nofsubslstonco supplies they are not within llie regulations
requiring sale under advertisement for bids;
and that to say Hint because the cattle were turned
over to the Indians alive tho contract was avoided
) would be to allow an entire departure irom the under,
j standing between tho parties when the contract was
j made, and that the Court will not permit such a perversion
of Its terms. C. F. Feck for claimant; K. B.
; Smith, Assistant Attorney General, lor govornniout.
No. 140. Jtavmond vs. Thomas?Krror to the Su'
premo Court of South Carolina.?In this case foreclo
; sure and sale were ordered by the Stato Court of cer!
tain property held by the plalntlfl in orror; but bsforo
! the sale occurred, military orders forbid such a proi
coeding in respect to any property mortgaged between
1 I860 and 1886, and commanded a stay of proceedings.
This order was sanctioned by the Legislature of the
j State, hut the Court disregarded the oracrs, and, when
the sale had boon made by its officers, confirmed it
> The questions here are, first, was this such a decision
against a federal power exercised by law, ns to give a
right oT ap|ieal to this Court, and second, was the sale
made in violation of the military'orders valid and
biuding. The plalutilf in error contends that there was
no violation of the military order, because it was made
subsequent to the order of the Court. It Is a'so contended
that tho order of General Canbv staying proreodines
fell with his fall from newer and horieo there
wujs no violation, because the sale was mado aftor his
authority ceased, upon the representation of the State
In Congress P. Phillips, for plaintiff in error: W. W.
Boyco, for defendant.
THE BOSTON BELFRY MURDER
CASE.
Referring to the vordict in the Boston belfry murder
ease, the Advertiser o( that city says:?
The conviction ot Piper for the murder of Mabel
Young was perhaps not felly expected even by those
who believed that he was really the perpetrator of that
dastardly crime. There are not a few who have determined
ift their own minds not only that tho government
did not make out its case, but also that tiie prisoner
was Innocent; but, so lar as we cau judge, tlicso
persons constituted but a small minority of all who
have Interested themselves In the case. Yet Piper has
had a lair trial, and no pressure ol pifblic sentiment
has manifested itself against him. Nor, we think, was
the terrible suspicion that the belfry murder was nut
his first crime of the same kind allowed to prejudice
his case in tho trial just concluded. There can bo no
harm now in saying that the result of the former trial
seemed to many a failure ot justice, and of course the
Saiuw people will now uiikc tl.at tho vordiol of yesterday
Is a righteous one.
THE SECURITY SAVINGS BANK.
Mr. William M. Banks, receiver ol the Security
Savings Bank, yesterday filed In the County Clerk's
office a statement of the assets and liabilities of that
Institution. It appears tb.it by realising on the securities
held as assets, those assets, as now stated, amount
to $329,504 65. The liabilities will reach 1326,636 60.
The accrued interest on rent and deposits does not appear
iu the figures. Tho following are tho principal
figures of the statement:?
ass ten.
Bonds and mortgages $202,615 00
Town bonds (cost) 41,138 37
Call loans oq Culled states five twenties... 1,500 00
Blinking bouse aud lot 70.562 55
Other real estate 15.837 SI
Cash on deposit 30,143 98
All other assets, consisting of accrued interest,
estimated value of town bonds
over cost, Ac 7.881 02
Deficit 27,176 69
Total $406,849 42
UAIIIL1T1KH.
Amount due depositors $374,449 06
Depreciation on real estate 31,400 36
Total $406,849 42
The statement lor llic uioulli u! January is as follows:?
HRCKll'TU.
Cash on band January 1, 1876 $30,143 98
From depositors 939 60
From call loans 1,000 (X)
From bonds and mortgages 26,800 00
From town bonds 3,000 00
Profit and loss 8 62
Interest.,- 1,760 22
Rent 169 00
Total $13,791 42
DIMtlVRSKMKKTS.
To depositors $48,741 97
Real cslaic account, insurance 17 60
Expense account 170 16
Total $4S,92P 63
Balance February 1, 1876 14,891 29
BUSINESS EMBARRASSMENTS.
Proceedings In bankruptcy have been commenced
against John McCafierly, Daniel McCnlferty and llenry
McDonald, shoes, No. 230 Bowery and No. 894 Third
avenue, by 8. Munson A Co., of Albany, wlio have a
claim of $1,360 against the firm. Their liabilities
amount to $36,418; nominal assets, $29,067; actual
assets. $12,072. The properly of tbo firm is now In the
hands of the assignees, Messrs. James Chambers and
Robert Irwin.
Eleven creditors of Otto liuster, dealer In furs, No.
38 Maiden lane, have petitioned to throw him Into
bankruptcy, and the order Is returnable to-day. His
liabilities amount to $6s,til9 61; nominal assets,
$24,271 10; real assets. $19.27118. The claims of the
petitioning ci editors amount to over $25,000.
Frederics Wright, wholesale li'iuor dealer, No. 62
New street, is in negctiatiou with bis creditors for a
compromise, and several meetings have been held. His
liabilities amount to $101,000 and his assets are
nominally $60,000. but their reul value is estimated at
$36,000. His first proposition was to settle at forty
reuts ou tbo do.tar unsecured, but the committee of
creditors, on examining bis accounts, found that it
would be almost Impossible lor liiralo pay thai amount,
and be subsequently raado another proposition to compromise
at thirty cents on the dollar, whicA bus been
accepted by u number oi bis creditors.
A warrant in bankruptcy has been issued against
Henry Bowers, John H Bradford and Henry H.
Graham, oi tin-late firm ol Bowers, Reek man A Co.,
dry goods mcnbunls, No. 82 Worth street, w no (.tiled
several years ago, and the matter has been referred to
Register Henry W. Allen.
Robert McM alien, jeweller, of the corner of Wuter
and Fulton streets, has made an assignment.
I.wl.n* IV../..I ,t.,n In* II. u i. i ..... .1 ,.t
slip, lias lallcd.
I'aul Brothers At Co., manufacturers of lasts, of No.
68 Warren street, have assigned.
<1. Kblnglmusiu i Co., dealers in furniltire, ofN'a
190 Seventh avetnie, have ?u*|>eutied payment.
John Jamieson, wooden w.tre, of No. 188 Washington
street, has made nii assignment.
Julius M. Dubois has assigned to Albert Pelouest.
At the first mooting of the creditors of James I. Anthony,
which Vus held yesterday at the ofUce ol Register
Fitch, No. 845 Broadway. 8. L Woodliouse was
ii| pointed assignee. Twenty two creditors proved their
claims, amounting in the aggregate to ahout f lu.noo.
The ineo.itig of creditor* m the matter of l.euianucl
Morgan k Son, to show inu-e lor discharge, which was
to have been hi Id yesterday at the oillce of Recorder
Dwigbt, No 7 lU-.km;ai at reel, was adjourned until the
KM i list.
F.ULVRE OF A TOBACCO OBOWEE.
SntrsoriRt.D, Mass., Fah. 11, 1870.
F.lihtt Beldcn, of WhaUtly, tobacco grower and dealer,
has failed with liabilities lo the amount of f&0,W0, of
which t-JT.OOO is secured by mortgages. His assets
over the mortgaged pronarlv are oulv ftl.MMA
SUPPLEMENT.
' RUBENSTEIN
Tlio Prisoner on the Wit
nesH Stand.
THE TESTIMONY CLOSET
Mr. Beach Summing Up foi
the Defence.
Tho trial of Tesach N. Rubensteiu for the murder (
Sara Alexander, which was resumed in the Ring
County Court of Oyer and Terminer yesterday, is dra*
lng rapidly to an end. All tho evidence on both side
closed shortly after twelve o'clock, and In anllclpatlo
of hearing tho summing up the court room bceam
densely crowded after the recess. The prisoner secme
to he somewhat more animated than at any provioti
time during tho trial. His appearance on tho witnes
, stand was of short duration, tho main object of hi
testimony being to deny any connection w^li the crlm
with which no is charged. Messrs. Boach and Motl
counsel for the prisoner, and the District Attornc
were early in court, and tho case proceeded at tweut,
minutes past ten o'clock.
Herman Popolinsky, of No. 60 Mulberry street, coi
roboratcd tho testimony of his wife in regard to Ruben
stein's calling for the payment of a debt on Sunda;
night, December 12
Mrs. Rosa Rothstein testified that sbo went to th
wedding in llestor street at half-past four o'clock i
company with Anna Fiukolstein.
Abraham Quint waa examined as to tho character ?
J. P. Alexander, which ho said was not good, where
upon Alexander became somowhat excited.
Jacob Seligmau was tho next witness. Ho state
that ho knew nothing against Kubenstcin.
Barnard Semanskl, whoso wlfo was going for mod
pino when she met tho prisoner, was called to coi
roborato her testimony.
THK PRISONER OX TUB STAND.
At this stago Pesach Nisan Rubonslcin. the prisonc
charged with tho murder, was called to tho witnes
stand by tbo defenco. He rose slowly from his sea
| and dragged himself, as it were, to the chair designate!
i On reaching the stand the interpreter inquired as t
; the manner in which ho wishod to be sworn, where
| upon ho took from his pocket a black skull cap an
I placed it on his head. The oath having been admit
| islcred Mr. Beach asked the following questions In hi
| usual impressive manner:?
Q. Arc you suffering from Illness ? A. Yes.
Q. (Through the Interpreter). Does lie feci weak ? A
Yes.
Q. Did ho faint during the proceedings yesterday
A. Yes.
Q. Did he kill Sara Alexander?
To all tho foregoing questions except the last th
: prisoner guvo his answers with that Indiflerenco whlcl
has marked bis doportnient, but throughout this suddci
and vital interrogatory seemed to arouso him from hi
! lethargy, and, fixing his eyes on tho counsel, he re
; plied, with a sickly smtlo and apparont innocenco, "01
j no, no.
! The District Attorney asked a few questions as to th<
physical condition of tbo prisoner, who then rcsumei
his former scat.
Moses Ruhenstcin and Benjamin Koiseinsky testifiei
that they would not believe J. P. Alexander, tin
brother of the murdered girl, uudcr oath, but that al
they ever heard about him was that he would not paj
j his debts.
RBBI'TTINO TKSTIMOVT.
I The defenco having rested, Barnard Edleman, Israe
' kindred ?nd home, or which should consign it prematurely
lo Its tinal end. Ohvloudy it was alone by
the law, by the Inw which the Court adm iiiaKrcd, by
those rules and experience of the pnst gutbered as the
clearest salt-guard* of truth and luetics, and the responsibility
which Is exercised upou that judgment can
only Ik) lalrly met and discharged by adherence to
those principles established, uud In so much
they fen the weight of the duty incumbent
; upon them in just so much would the delonee,
i so far as Ood gave it strength, strictly adhere to those
J principles. Counsel submitted that the question
1 of fact presented to the Jury wag as essential and as
final as the dec ice * of Almighty God, and In view oTIhe
surroundings, of the hllsrity whirh, at some stages,
was UiKUileslcd m?Uu? solcmp Investigation, he almost
trembled bofure the modified rcspvniibilitv he IcU aj
the advocate el' the prison r. And what w.t> the first
1 Isrftwt as ibcv -ed u?vn the examination of this
i
Renznnsky, Solomon Nieolsou, Joseph Iliibino and
IsWlor Goldstein were called and gavp evidence us tc
| the good chnracter or Alexander.
Charles O'Kourke, an olticer in the District Attorney's
olllce, testified that he had endoavorcd to subpmtia Mr.
Wy man, one of the witnesses lor the defence, but that
Its bad left his houso and could not be found,
j Mrs. Hannah ltrooks said she was in Mangan's drug
store after Mrs. Homanski's proscription wus inadu up,
and that she arrived at home at four o'clock.
Jane Herman ami Solomon Brooks, the sistsr and the
husband of the foregoing witness, corroborated her
1 statement.
I Detective Zundt was examined and slated thai be remembered
a paper, purporting to be u statement of tho
! witness Kraemer. Witness directed Lizzie Cook to sit
I down and take Kraemor's statement, and it was then
! delivered to the District Attorney.
Nathan Levy recalled?Lives nt No. 60 Bayard street,
and formerly resided at No. 83 in the 6ame street; lie
was naked If lie had over shaved and replied in the
negative, and added that he never had a beard; he
knew Sara Alexander, but was never Intimate with
lier; lie never visited her in Kubcnstcin's kitchen;
never lighted the ga6 for her; never called her "his
girl."
Mr. Beach cross-examined the witnosc as to whether
he had ever cut his beard, and ho replied that when
there was nothing there was no use in shaving.
| At the suggestion of the District Attorney the wit;
ness went into the jury box to show his downy checks
and conVinco the jurors that lie had never submitted to
] any tonsorial operation. The sixth juror stroked his
i chin and smtiod, aud Mr. Beach remarked that it was
evident the witness was not an Ksau.
The father and mother of the preceding witness
were next called and confirmed the statement ol their
' son.
] This closed the case for the prosecution.
mh. bbach'b audhksh.
Mr. Beach, when the court had reassembled, adi
dressed the jury on behalf of the prisoner. He said:?
To one generally unfamiliar with the habits and modes
of civilization and of law a scour like this would be
full ol wonder?twelve men gathered to pass tipou
the question ol the hie and death of a
! fellow man. All this machinery of Justice
presents its proofs and its pbwcrR
to the human mind aud conscience to lead
it to produce the irrevocable judgment which may con!
sign a human soul to death. Intelligent men acting
I under a responsibility like this arc naturally lod to inquire
Into their qualities by what right and power they
sit in such solemn judgment, the issues of which arc
beyond their control or Imagination. When we
think of the wonderful mystery which surrounds our
lives, ol its origin, . its'destinies; what wonderful
capacities with which the human soul is endowed; how
it revels and rejoices in the truth and in tlie exercise of
its wondcrlul capacities lilted up to the kinship ot Godwhen
wc think of these things and what may liecome
nl tho isnirit within us will no in nai.cn !**?_
! foro we tamper with its existence. We must punish
I crime. Sad enough it ig that in this bountiful
and winning world of ours, amid the enjoyments nud
attractions of society; that ail the motives und inducement!
which load us to a higher life and lift up our
aspirations. sad enough it is that society and the earth
. are debased with the crimes of man; that amid the
i talrcst and the most beautiiul scenes society should be
\ scarred and marred by tlio vice6 of those for whoso
, enjoyment they were created. To protect them, to pro'
leet us, to preserve as lar as wo tnav the fuir fabrics of
society, to protect us in our liomes, in our daily walks,
' ills essentia) that wo should punish those guilty of
crime, and he was the lust nutn who would consciously
and w illiiigly stand between the penally of the law and
the guilty. He was in court not to protect
or advocate guilt; his ofllce was to aio
the Jury, II bo could, in a clear and
comprehensive and judicious determination of the
question whether there was guilt on the part ol the
client he represented. When the quest.on is presented
to twelve intelligent men whether they shall consign a
fellow mat) to an ignominious death, wliou they ore
asked to lay, bo had almost said a sacrilegious hand
upon the sources of human life, then the punishment
or the quality of the Issues upon which that life is to
iiepeud assumes a gravity and a consequence which
oppress every actor in the so'cuin dratua with a sense
. ol responsibility. The lii'strlct Attorney thought the
responsibility of the jury was divided; he thought that
the Court, that all who were engaged, shared the responsibility
with the Jury. Hut they must not delude
themselves with any sur.ii Idea. Tho jury had been selected
upon t>oih sides, certainly upon the side of the
defendant, with a view to secure the best intelligence
and so lar as they could Judge the highest conscientiousness
to he drawn from the panel, because they
knew that upon the soundness of the judgment of tbc
Jury depen led tbo life of a fellow being. They kucw
tbst distorted and unfavorable account* of Ibis traoaac|
ikon hud been seut broadcast through the eominiiniiy.
They knew that these men had seen Hie frull and teeble
and dying member* ol a despised race. j*r*oculed for
ages, and yet amid all dcgrnduiion and persecution
clinging to their faith with a tenacity that showed the
holmes- of their nature. He knew, because the Jory
bad said so, that they had lorined some impressions in
, regard to this case of an unfortunate character, and
yet the defouce,- studying the principles of law by
winch the Jury were to be guided, and that when
, the human heart wax ap|K-aicd to it was always
ready, the defence thought they could safely trust
' In their giv.ng the evidenco w hich should be adduced
a fair and deliberate consideration, and tbey thought
so still. And he would now rocur lo the question as to
the authority. The jury sat in the jury box to dispense
the ultimate and supreme justice, which should return
a hllinall lite to Its ius*. anrt iulnr.il ASHorliitirins of
9
fiMtitn |(t?i by the !?wf It wewtt hard and baratl
thai the law of man should operate so severely upon
* the destiny Of bis fellow men; that a liainan being,
into whom the breath of tied had been
breitbed, conferring upon him the responsibility
of life, should bo shut up from all
goodness and activity, und consigned even to a prison;
bow much harder and harsher that he ahould be cter?
ually ahut up in a grave. Counsel then proceeded to
dilate upoa tbe presumption of the law that every man
must be regarded as innocent until his guilt was established.
Nor was that a light meaning of tbe law An,
other motto, not less significant, was the parental caro
' which tbo law exercised over its subjects. In easea
where the evidence was of an unsatisfactory charnctar
the accused must receive- the benefit of a reasonable
doubt. The proaecution wue bound toeatublish a clear
p case in order to secure conviction. Couuscl read several
authorities on tbis point, and added that the evidence
in this case was indirect ami circumstantial. Nor did
he undervalue the force of that evidence. Ho recognized
its necessity. Ho knew that guilt travels In
darkness; ho kuew its ways were stealthy und gen>r
orally unseen, except by that eye which watches the
; sparrow in its flight. Although there was much in the
evidence to make the jury strongly susDoct I'uiii n...*
! would not justify thorn in bringing tn a verdict of
!S I goilty. lit- wished to impress upon the jury, while he
n conceded the necessity and the force of circumstantial
e | evidence, the rule which the law established ,'or its
| consideration and application, and that they should
d i sec, as no doubt they did see and feel, the danger arising
s '< from its perversion. Counsel alluded to the skill and
;t ability which had marked the efforts of the prosecution
i In tins case. He had never known a case before pre8
pared as this had been upon both sides, and his learned
e associate, so far us that remark wits applicable to the
t defence, deserved lite entiro credit of the preparation.
' His foreca'st in anticipating the modes and character of
? the attack, bis sagacity and an unweaucd industry in
y the preparation of the means of resistance lifol been
unequalled. But he (counsel) mado no complaint of
the activity on the part of the prosecution, it was
commendable. It was for that such ollicors were emi
ployed, and it was upon their vigilance and trustiness
_ that we are able to travel our ways in peace and In security
rest by night In our homes. Counsel furthcrsiibmittcd
that the evidence oi the detective, /.nndt, should hn
e received with great care, as well as that of the girl
D who ideutified the knife, and who hail
been under his control Now as to the locality of
the murder; uobodv saw the prisoner there. The cvi>f
deuce of Kraouier was entirely out of the case. If he
wanted to kill the girl, why travel to that desolate and
lonely place y There were recesses enough, occasions
and limes and places enough within tho range of his
d acquaintance with New York where ho could secretly
1 and effectually have disposed of his victim. Then the
prisoner had no motive lo perpotrato the crimo. The
'* murderer of Sara Alexander was her seducer, and
r. there was nothing in the evidence affording the slightest
suspicion that the prisoner had any motive; there
was no proof of any intimacy, no tokens of
affection, no secret, stealthy association. The prisoner
ir was watting tor his wife to conto from the olden land
and had no motive to murder tho girl. There was no
, link between him anil her which demanded the bloody
knifo. It would not do to convict under such clrcuinI.
stances. It was mnnstrqus nud unnatural to suppose
1 that the defendant, unless lie was the father of the
i quickened child, \\a; the murderer of Sara Alexander,
? aud all the evidence repudiates such an idea. While
d Levy swore he never met the girl in the kitchen there
i was abundant proof that he did. There could bo no
inistakjng the testimony of the ininuies of that liouses
hold that ho did visit her. Tbo testiiifoiiy of Levy
in reference to the cutting of his beard
was contradicted by three or four witnesses. Counsel
then described the terrible struggle that must
i- have occurred between the murdered girl aud her
slayer, and coutcnded that the prisoner was physically
., incapable of killing the girl. His appearance oil tho
night in question did not show any indications of disturbance
when at home, nor upon his shirt or clothes
were there any spots which would mark his participation
in one ol the most Inhuman massacres of the
age- Counsel proceedod to review tho ovidenco, and
h contended that the fact that one of tho prisoner's
D bools had a spot of blood on the heel, or that it was
! sworn to that they Cited tho imprints ot the footsteps
j in the cornQeld were Inconsistent with all the sur1
roundlngs of the case, and also that the analysis
} of tho blood had not been sulliclently minute
j to establish any comparison. Then as to the
purchase of tho knife; ho submitted that it
e had never been purchased by tlie prisoner. The
j man who bought that knife committed the murder,
but the whole evidence was inconsistent with the
theory that the prisoner had any counoctiau with Ik
J ; The persons in tho car who said they saw the prisoner
[> ; diflcrcd in their description of him, while a lady who
. | was also in the oar said he was not the man. But
i apart from all this the al hi, he argued, had been
r lirinly established, for it was proved beyond all
| doubt that the prisoner was in his father's house at
the time of the alleged occurrence. Counsel cosa.
! mented on the fact that the evidence of Kraemer had
| been withdrawn, and warned the jury to be careful in
I j passing upon the other evidence adduced. He con,
: eluded by asking the jury to acquit tho prisoner in
| view of all the facts and circumstances,
i | The District Attorney will reply on the part of tho
tiroscculion this morning, and tho case will probably
>e given to (ho jury in the afternoon.
EUROPEAN MA11KET.
' Loxnox rROni'CK Mark**? gomdox, Feb. 11? Evening.-*
i Calcutta linseed, 50a. a 50s. 6d. Sperm ail, ?' & per tun.
Linseed oil, 24a. per cwt.
HAVANA MARKET.
Havana, Feb. 11, 1870.
Spanish gold, 212% a 215. Exchange firmer: United
! States CO days' currency, 8*4 a 8 discount; short sight do.,
a6J4 discount: 60 days' gold 3 a 8% premium; short
sight dn.,41,s5L premium. Sugar weak; No. 12 Dutch
I standard, I XL, a 1.1% reals per arrobe.
DOMESTIC MARKETS.
Galvkstoi*, Feb. 11, 1870.
Cotton quiet; middling, 12%c.; low middling, 11'.,c.; good
ordinary, lOWc. Net receipts, 1,902 bales. Exports roast>
wise, 223. Sales, 1,262 Stock, 73,3?K>. Weekly?Net re1
ccipts, 12.421; gross, 12,51)1. Exports?To Groat Britain,
! 0,344 ; to the Continent, 1,730; to tne Channel, 1,40 >; coMtI
wise, 1,998. Sales, 10,349.
Nkw Ori.kans, Feb. 11, 1876.
Cotton firm; good demand; middling, 12,'.4c.; low mid|
dling, 11c.; good ordinary, O'^c. Net receipts, 8,lli; bales;
1 gross, 8,478. Exports?To Groat Britain. 4,564; to Franca,
j 1,764; to the Channel, 8,708. Sales, 14.0110. Stock,
I 361,922. Weekly?Net receipts, 56,710; gross. 56,945. ExI
ports?To Great Britain, 23,049; to France, 5,8.12; to the
Continent. 14,451; to the Channel, 3,708; coastwise, 5,269.
Sales, 50,800. Corrections?February 7?The exports eoost1
wise should be 1.486 instead of 1,496. February 9, export*
coastwise, 1,303, instead of 1,424. February 10, exports
I coastwise, 1,583, instead of 1,570.
M ojtiLK, Feb. 11. 1876.
Cotton steady ; middling, 12*40.; low middling, 11 %c.; good
ordinary. 9%c. a 10c. Not receipts. 2,251 bales; gross,
2,276. Exports?To Great Britain. 4.474; to Krauee, l,24t>;
to the Continent. W4<>; coastwise. 1.418. Hales. 2,<*)0.
Stock, 71,523. Weekly?Net reeeipts, 10,8,0 bales. gross,
j IO.855. Exports?To Great Britain, 15,465: to France,
3.840; to the Continent, 8,040; coastwise, 3,4'il. .Sales
of the week, 16,400.
j Rava.nnah, Feb. 11, 1876.
I Cotton quiet and steady; middling, 12Ve.; low middling.
ll',c ; good ordinary, it''-c. Net receiuts, 1,424 bales.
Exports coastwise. l,6?i. Hales, 754. Stock, 76,381.
! Weekly ?Net reeeipts. 6,410 bales; gross, 10,119. Exports?
To Great Britain, IO,277; to the Continent, 550; to the
Channel, 2,650; coastwise, 2,012. Sales, 5,343.
Charlkktox, Feb. 11, 1876
I Cotton steadier; middling. 12%e.; low middling 12c.; good
ordiuary, 10%c. a 10%c. Net reeeipts, 067. Exports?To
j tho Continent, 4,892. Sales. l,5titl. stock, 3,558. Weekly|
Net receipts, 5,367 bales. Exports?To France. 1.370; to
the Continent, 4,862 ; coastwise, 1,800. Sales, 6,100
Tolbdo, fell. 11, lS7a
Flour steady, with n moderate demand. Wheat quiet btif
[ firm; No.lt wuilo Wabash. $1 : No. 1 white Michigan,
51 3*; amber Michigan, $1 29: March, 51 29; Mav, 51 34;
No 2 <ln., 51 UtH?; No. 1 red winter, 5' 41); No. 2 do.,
51 27',: rejected. Hnlie. Corn dull; a shade lower; high
mixed, 40V-; Mav, 5 ",c.; last half of May, Me.; low do
; no grade, 44J,e.; damaged, (Mile. Data i|iiiet, but
steady; No. 2, UU.-.; rejected, HIV- DreaeetFhogs firm; In
1 fair demand at 5^ 9*'. Receipts?15,0.10 bnsltels wheat,
i 47,<?*) do corn, h.oOJ do. outs. Shipments? 3,000 busbela
wheat, 4,000 do. oats.
Chicago. Feb. 11.187&.
Flour?Market firm, though rot quotnbly higher; sale* of
Western shipping extras at 54 a #1 f?0, lair to Taney Minnesota
extra at 54 7.5 a ?n 25, medium to choice winter extra*
at $4 75 a 57 f>0. Wheat unsettled, active and lower; No. it
! Chicago spring, 51 04},, spot; sales at 51 02}, a 51 04,
March; closed at 51 March: 51 May; No. 8 do.,
K5c.; rejected, 75c. <urn opened lirni, lint closed dull ana
. lower; No. 2 mixed, 41 ^c.. spot; 41V. hid March; -Wo. bid
May; rejected. 33c. Cats qniet btrt steady; No. 2. Slide.,
spot; 81\c. a 3l',c., March. Barley quiet and weak. Kya
; qniet hnt steady. Dressed hogs firmer, held higher; safen
at 59 a 51' 10. Fork irregular, hut in tke main higher at
520 H5. spot; 529 97.', a 521 March ; 520 30 April. Lard
irregular, hnt In the main higher at 512 tk) a 512 05, spot;
f 13 75 March; 512 H7Jj a912 HO April. Bulk meats very
rm, and holders are asking higher rales; shoulder#. Be.;
short rib middies. 11},c.: short elpar middles, 11 \,o.
Whisker steady, with a fair demand at 91 00. Receipts?
Flour. 7,000 hula. ; wheat. 35.0 X) bushels; corn, 102,000
do.: oats. 31,000 do.; barley. 17,(XX) do.; rye. 2.000 do.
Shipment*?riour, 9,00 > bbla.; wheat. 1H.OO) buaheU;
com, 07,000 do ; oata, 10.000 do.; barley, 2,000 do.; rye,
2,CMxi do At the afternoon call of the Board wheat steady
and unchanged; other grains hrra and unchanged. Fork
, firm ami higher at CD cash; 521 10 March; $21 37)?
April. Lard firmer, but unchanged.
BorPAig), Feb 11, 1875.
Receipts?Flour. .5.200 bbU.; wheat. 20.000 kushela; cam,
37,000 do.; oats, SO.OJOdo.: barley, 17,01X1 do. BUipmente?
Flour, .'I.(XX) bbla.; wlteai. iW.lfX) bushels: corn, 35,tx? do ;
oats. 2O.UU0 do.; barley. 15.IXX1 do. Fln.tr dull and unchaiiiriMl
Wheat dull and Hriulv held, one car white Mirhl.
LT?u .old at PI 37 Corn quiet, new scarce , sales of ae*ea
ears on track at 31c a 12c. Obti neglfoted **eepl f? reUillott.
Kye inaollrc; Milwaukee olffrcd at 7K-. Barley
unlet bat Arm ; ? !?? 2(1.000 busheli Canada i> Mr. ? *1 ?
according to qneiitv Cork Arm ; heavy inc.. *L>U 7.>. herd
quiet at 13',?c. llighwloes nominally ft I".
OswwuO, Feb. II, 1879.
Flour unchanged; sales l,2l?lbbls. Wheat steady , extrlt
while Michigan 51 85; No. 1 Milwaukee club held at CI 40.
Corn 4b 11. new IVeettm mixed,06c, old do., ?8e. Barley
niiiet; sales one ear No. 2 Canada atfl (17 Corn meal ?
Molted. $27 : untmlted, $20 Mill feed?Shorts, *10 a *17?
i sbipstiiR,. *lh fl'.t. middlings, $2U a *2.',
NEW YORK CATTLE MARKETS.
Fripat, Feb. 11, 1879,
RRCKim rOR TWO PAYS
Fni's uwl Skrtp n ml ,
1'iin/a Brrre$. Clin. Cu/ne*. Iai inh*. Una*
Sixtieth street ... WW 1 1?B 2,013 -
Kurty-eiglilh si,... - 0 ? W>7 ??
Fortieth street.... - ? ? 347 8,121
Jersey City 1,137 ? ? 4,.145 8,591
Totble 1.703 7 !W S.212 OJOB
Burvks.?Ou ? light ran trade was slow bnt Grin. Tbb
herds to hand were nearly all sold at Irom He. a 12V?. per
lb.. weight 5 cwt. a 10 cwt. The quality of rattle ranged
from poor to gift, being generally rotnmon. From 35 lbs a
.17 lbs. lias leni allowed lift. At Sixtieth street yard*
Hon hard A Merrltt sold for M Klrchwav 34 Illinois steere at
|(i'?c. per lb., weight 7 cwt,; held on sale 34 Illinois steere.
W Siege I sold lor self 145 Illinois steere et .
JOr. per lb , weight (I', cwt.: 41 Illinois steers
11V per lb, weight 7V cwl. D. Waixel sold
for Morris A tValxele trj ll inois steers at lOlgc, a lO.Nol
per lb., weight O.'jewt. a tl't owl t'lory A Cary s<dd oa
Iromiuistion 11 State oxen and heilers at lie. a lie. per lb.,
weight 11, iwt a 0 cwt. P. Sutton sold far self 17 IIHnola
Mrera. terms not nbisi,,e.< < o-n ?, ir.onii?i
?t 1"C per Hi , wVUhi liji cwt"'"lIiTnoi* M?er? at
K'V per lb., weight 7>J cwl. a H cw?., k?M; 1? Mkhlgac
I [CONTINUED ON NlNTB TAQlil