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The New York herald. [volume] (New York [N.Y.]) 1840-1920, February 26, 1876, Image 8

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7_?
THE COURTS.
vernor Tilden as a Witness in the
< Twpf?ii .<tfi.nnn.nnn Suit.
. j
apetition of His Testimony at the
Misdemeanor Trial.
'osing Argument in the
Walker Divorce Case.
t - .
sling fhnptrr in thr History of the I
Industrial Exhibition Company.
Tl
iMn ??? ^"'ortant
Precedent in Suits
- wn Against the City.
The fi aluro of interest in ihc Tweed $0,000,000 suij
yesterday was tt.? calling, after recess, as a witness of
Governor Tilden. The court room was crowded to its
totmosi capacity, but those who anticipated anything
ew or startling additional to the testimony he gave in
the former suit against Tweed wero disappointed.* He
went over procisely the same ground as at the former I
trial, and iu the Intervals, when counsel Indulged in
their usual disputatious, chatted with Judge Westbrook.
The day's business began with the examination of i
Arthur E. Smith, who testified as to tho deposit tickets
ahd^tbo'amounts dopos tod by Tweed, Woodward, Ato., !
/\ iftho Broadway Bauk. On his cross-examination ho 1
was asked what he was employed at now; j
ha said that ho was temporarily engaged by
Mr. Pecktaam In this case; ho had not
been permanently employed siuco last November,
nnlil January last, when ho was engaged by Mr.
reckhnm; before this ho was employed by Mr. Tntntir
In the Comptroller's office;'whtlo ho was employed in
tho Broadway llank be receivod from tho llnancial department
i'.'fiO for oxamiuing the accounts of dealers
after bank hours; Mr. Palmer, the provident of tho
bank, dismissed him Irom the bank for spito, although
"?Palmer did n^t Moll hun It was for spite.
Aftor the examination of two or three raoro UroadWay
Bank clerks u?on the accounts and deposits of tho
several member.- Mt the King. Mr. James EL Ingcrsoll
was recalled an./ subjected to a cross-examination ol
contfMits of lJiM book anil ii.ikk books In thn
Tenth National/ Bank, which worn shown to tho Jury
for Insertion/ Among other pnpors were twenty !
check* drawn Ao the order <>i William M. Tweed, and j
deposi'. .d In tiic Bowory ltank, amounting in the aggrogut
u to $74l?,500. His further examination was suspended
by Mr. Field to allow tho jurors to Inspect tho
various pap<>is submit tod to them.
Mr A. l'almer, President ol the Broadway Bank, was
called in the interval and examined as to tho whore- .
abouts ol tho deposit tickets, lie said Governor Tildon
had called to sec him and requested to look at the do- |
posit tickets; they were shown him and returned to j
the bank: they were afterward taken to tho Grand
Jury In obedience to a citation, and that is tho last
'aver known of them.
Mr. Arthur T. J. Itlce, the paying teller of the Broadtray
Bank, lostitlttd that Tweed, Woodward, Ac., kept
an aci outit in thut bank in 1S70, and that witness had
paid some of tho cheeks over the counter.
The examination of the above witnesses occupied the
Court till recess. On the reassembling of the Court ]
Governor Ttldeo w-us called to the stand. His Excel- '
loncy walked across the judicial bench, and reaching
the wttuess^chalr quietly took his seat. He surveyed '
the audience with a critical air, and didn't seem at all !
abashed, but on tho contrary shook hands with Mr. j
Johnstou, the foreman of the jury, w ith an atr which j
eetnod to Imply that ho was perfectly familiar with
tourts of Jwtico as well as pertinacious counsel.
tTpon being interrogated by Mr. l'ockhatu, ho said j
he remembered investigating the frauds against the
city in 1870; he examined a number of warrants found !
In the Comptroller's onto# under Jhe head or county
liabilities; no also inado an examination at die liroau%ay
Rank into the accounts of Inaersoll, Garvey,
Tweed, Ac. ; lie obtained the deposit' tickets of th'-se
parties, and of the New York Printing Company, fr>m !
duo ol the of ifye hank, The question whether
he examined the deposit tickets or rngersoll & Co. in
May, 1870, was objected to. and an argument took '
\ placo. The question was allowed, and Mr. Tilden produced
a pi ttitod memorandum of his.inves.lgat.ons. He
Was asked to tell what lio know of Inger-oll's deposit !
tickets, May a, 1870. Hero Mr. Field look Mr Tilden's
memorandum out of Ins band and Inspected It. Mr.
Field objected to the inctuorandnm as a printod pepor*
Governor Tlldon then declared the japer was
primed under Ins direction from bis original paper,
but he could not toll whore the original paper was.
This testimony and tho memorandum are precisely the
same as used in the misdemeanor suit against Tweed,
as then fully reported In I ho IIkrai.d.
Mr Field raised various objections, all of which were
overruled.
The witness then read from his memorandum tho fleures
copied from the deposit tickets ot the parlies
concerned.
The Governor did not seem at all pleased with the
manner iu which Mr. Field corrected him aud qties- |
lloncd him. He moved uneasily in his chair, and
after a whlio rebelled openly. He couldn't exactly sec
why he should not be entitled lo say what he knew
for nis own protection. Purine the (unt^r ,
course of Governor Tilden's examination Mr. Field
objected to evidence showing Tweed alone to be responsible,
and said Tweed's name was like a red rag
held up to excite people to rush at.
Mr. IVckhain said he would like lo see Mr. Field on
the stand, sinco be pretended to know so much about
tbe matter.
Mr Field said ho had no objection to being called.
Alter Governor Tllden bad road the Items of deposits
as entered on his memorandum the Court adjourned to '
Monday morning.
THE WALK Kit DIVORCE SUIT.
There was anothor large crowd In atteudanco vestorlay
before Judge Robinson, holding Special Term of
the Court ol Common Pleas, to listen to further argument
on the motion for alimony in the Walker divorce
suit. As on tho previous occasions, Dr. Walker, the
plaintt'.V, was present, looking as serene and composed
as though the Inal result was a matter of no consequence
to hlui. ' Mrs. Walker was also in attendance.
She was olegantly attired in a black velvet suit and
sealskin sacqtte, a Udy friend, likewise most fish- '
lonably dressed, being In company with ber. Mrs.
Walker is a largo, tall, imperious loosing woman, tier
appearance indicates a woman of business management
and intellect, aud Is tho opposite of what might be
f|)|ltm il flnmtnf Iwil nnil i ilmrrrr Me.?sr?. e
W. McAdani ami Aniliony R. Dyetl appeared for the
hosbund, ami John B. Perry an I ex-Judge Satnucl Jones
appeared for the wife.
Kx Judge Jones commenced the cloning speech fur
the wife promptly at ten o'clock and spoke nearly two
hours and a halt He said the question was whether the
w ife w hose husband had an Income or $ 100,(dO a roar and
had forced her from his house should Uavo temporary
Alimony and a counsel fee to support her pending !
-- he Mil audio defend her In the suit in an amount corresponding
with the rank, wealth and style of Bring 10
which she had been accustomed, and which the neccl- '
titles of her condition of ncaith to within perhaps
aboQt $2,000 a year of her usual requirements hitherto
now demanded. There wer\he said, but three affi
davits on the husband's part against her whlth affected
In any way her conduct since iho 20th of December
last, when forced from his house. Two of these afli laTits
simply stated that she had been seen on the 2d of
January drinng on Central avonue in an open top
buggy with a gentleman in her company, which laet
was admitted. The third affidavit was by l.ane, a livery
stable drirer, thai she was now living in a house which
bad been, up to thg tune she took it, a house
Of 111 lanio, and that he bad in February
teen her in a carriage, drawn by four hori.es, with is
Certain gentleman wliom her husband < barges she tornmilted
adultery with. Mrs. Walker's landlord (Charles
* i, ? . i.. ~ai.i-. -i i~> i.?? ... .1.- ?
t>ility ol the liouio id which etie live*, r ho wing thai
I?an-'* tdr? based on a mere ruinor, the fuiudniion
of which ?a? thai In November l.ial a lad) hired ttio
houac and liegan to muvo her fiirnituro into It, hut
RfTrr* ffto Jliruiturc *iu all moved in he discovered
her clrtracier, broke the lease aud ordered her to leare,
which she did. Bach a thing waa likely to L.i|>|>cii
With mi) landlord. The wire and her attorney in Ihls
uit, Mr Perry, have hoih sworn that Mr. Petry alono
waa with tier 10 the carriage with a four In haod on
the day named by Lane, nml tliat they were travelling
through henry enow lor witin s?e? and affidavit* on
thl& motion. Beyond these three attldarila, which
were to easily explained, there was nothing whatever
gainst the wile amec the 'Jhtli of December. None o(
the other ufflduvit* on the part 01 the husband relate to
the present Mains of the wile; but. on the contrary.
?bey are in relation u> the wllo'* r uJuci prior
to Deccmtier 20, gotug hack lour or Bve years, aud
leading up to and sustaining Ibe cause of action The
p sris*m eondtict was bcvond reproach, and those
lllji"' " which related to her comluct for aororul
/ears prior to f>ecomher 20 woold uot, therctoro, he
Jkkon into conal.1. ration witli the vit a oi reducing her
i oiaMt lor support pending ih<- suit, unltM ih >
I Sfprtor couduct was had. Ins nuilioua would not do.
'rheae other affidavits. boweeer, allege 1 the ? e
rlor conduct to ho liad. Of these other affidavit* too
' t three of them were by hack driver* as to i on tut t
> our or tiro years ago. i he wiie druiod them, ana, at
jouusel, ho was Irec to say that iho character of tbeae
'Bw.kuiva'a affidavits use such that had thv true rc- J
NEW YORK ]
n -itn-1 ?u*nt and not oeuird them, as she had, they |
Pould full to the ^r.>uu.J us worthless. Sbo was in
court, an t the Court coulil roe her. It wax manifest
those affidavits were lalso without argument. They
represented her as a low, drunken not, of a kind a
roi-pccuhle hackuian would not bayo had In
bta carriage and of the kind tic could not.(
eery well hare got on far wlih. Such things as are described
in those affidavits are not enacted In open day
on a public drive in this city, if, indeed, tlicy are evor 1
enacted by anybody nnywhoro. It had ocen noccasary
lor Dr. Walker, however, to produce affidavits to dograde
her, lor, there being nothing to her reproach
siuco the "doth of December, he was obliged to make
her out bad at some prior time by proof outside of his
servant* in his household, who 6W< ar against u h
other, and being unable to flud any witness against her
out of the household, he was obliged to resort to haektuon
Ibur or live vaars ago. There were only Ave other
adidavits against 4ho wife, ouc of whirh live was by
James 11. U?!l. a colored wuitor at Heinzol's Ceulral
Avenue Hotel. Boll swore he bad been waiter there sis !
years; hud olleu seen Mrs. W.tlkor there In a carriage^
In the dlniug rooms with gentlemen In her company,
ami drunk, but bad novur seen her there with ner husband.
Mr*. Heinzel, the proprietor's wile, swears J
for the defendant that she has for six years |
superintended tbo waiters in tho parlors
and dining rooms, ami that Bell has in
her presence waited on Walkcraud his wife there many ;
tunes?over UK) times?as some of thu w ife's witnesses
swear; that she was never inioxlcatod there; that she
was frequently thero with ladies, relatives of Walker, ;
and that she never drank more than ono glass of port
w ine in a day except once. Tho coachman swears ho J
drove Walker and his wile thero twice every week for !
the last tw o years, except when she was sick or lie oot j
of town. The other four affidavits against tha wito arc ;
J Au uiu (5ia)-n? nuvu U..111, wuu ??? UHiivx
lived in Walker's household, auil is in tiis employ, and
by Al. Henderson, plaintiff's stop-grandson by h'is sec- ,
ond wile, lus wife Lora, and Nancy Jones, a sister ol
secoud plaintiff's slopsnn-in-luw by his second wile, j
The attack on lho wife insido tbo household or family
circle ot i datives proceeds Iroin and is confined to
plaiutiff's stcp-laiiillles hy his second wile. His children
by his lir.-l w lie are silent; his brothers'lamibes
speak to the good character ol the wife; Annie Keonan, ;
her waiting maid, denies under oath lho statements i
of Nancy Junes and Al. Henderson and his wife; j
and thus the servants contend with each other, thrco
on otiii side and three on the other, the three on plain- {
tiff's sole belonging lo his step Inmilies hy his second j
wife, and their testlmouy is contradictod also by :
tho family physician, Pr.'Arango. They swore tho
wife was beastly drank and licentious, hail a good appeine,
feigned sickness, Ac. Mrs. O'Brien, one ;
of Walker's relatives, Mrs. Bartholomew, Mr?.
Uregun and Dr. Arango showed tho wife's 1
physical condition was such that she could
nut take uiiythiiig except j>ort wine; that she was I
confuted to the bed uuo third of thu tiuiu. durinr the :
great purl of which she was led on a lublespuouful of
beef lea every two bouts, uud that the cause was
itys|>epMr?j chlorosis, hemorrhage and head trouble.
Some ot the Mop children, servau's, and ouo or two
liverv stable buys swore tho w ife's reputation was had,
but Mr nuit Mrs. Courud, Mrs. Gibbous, Mrs. Ketch, Mr.
Alatisun Scudder, Mr. Joseph Miller, uolghbors, swear
she stunts high in the estimation of the neighbor*;
that they know her reputation In the neighborhood,
and that tlio charge of drunkenness was never beard of
until this suit began. Tlint the servants contradict :
each other is enough, hut beyond tills a large number
of most rcspeetat.lo people speak to the wilo's good '
conduct in ami out of the bou.-c; not a single neighbor
nor a blood relative has spoken against her; but his j
own blood relatives, so far its they do speak, speak in |
numbers lor bar. The Nancy Jones charges of her
beastly Intoxication are rather inconsistent in them- 1
solves. She and the step-children and all say that Mrs. I
Walker constantly entertained most respectable and j
reputable iiioii. Such men canto to the house; tliey
wore uot bound to cotno there; they were not |
bound to submit to siiutd and sec her beistly
performances. The wile's witnesses, twenty-live
most respectable men and women, have completely
broken the backboue of these charges by
that part ol tho servants belonging to plaintiffs see
oud wile's descendants. Judge Jones In conclusion
Insisted that from the undisputed testimony t'r. I
Walker had in the Inst live years lived up to $100.Dob a !
year, and claimed that bis improvidence should be j
l iken into consideration. l!o stated, lurtbcr, that {
three respectable men had sworn that Walker had to- |
doavored to bribe them to seduce his wife, offering ;
them largo sums, one ol these men being plaintiff's
nephew, James K. Walker, of llrooklrn. He cited the i
Leslie case and tho Forrest caso to tho same effect us j
Mr. Perry bail citod tnem in his oponing on Monday. [ r
A few remit rks in reply followed Irom Mr. Dyatt, who j
contended lor a different construction ol the opinion j
given iti 8th Hosworth in the Forrest caso.
This concludes tho argument la this remarkable di- ' i
vorco suit, tbo peculiar features of w hich win cause it j
to go down to posterity atnomr tho causes celebros. \
Judge Hobinson took charge of tho ponderous piles of j
papers pasted up to him ou both sides, promising to c
givu as early decision as practicable, which, front the <
mass of l oading matter ho has got to go through, will t
nrohablr delay the decision woll beyond tho Ides of :
March." p
THE TNnrSTRTAT. If.YTITTkTTT 1MJ i TiAf. ' \
PANY. i I
c
In 1S70, pursuant to an act of tho legislature passed r
in April of that y:r, there was organized in tills city '
what was known as the ludustrinl Exhibition Company. ' ,
The object of the company, as declarod by Its act ol in- i
corporation, was to provido a )>cruiaiient building in
this city to be a?e<l (or the purpose of ? perpetual ex- .
liibition of spocltnons of Industry and in which "the
enterprising citizens of every portion of (ho United
States?North, South, East and West?will find a place
where they can consult wilh tho nctivo minds of the
nation upon all subjects connected with those arts and
sciences which havo a direct bearing upon the interests
of commerce and manufacture and n practical develop,
ment of the resources of the country." The announcements
of tho company's purposes were sent forth
to the world In Its publications in terms
as glowing as its aims seemed to bo uuiver 1
sal and perpetual. The lands selected were ! ,
a portion of that barren rocky slope overlooking tho <
odorous Hurl, m lists and lying between Thud and J ,
Fourth avenues. From amid shady walks, sparkling |
fountains and all the flowers ol tho tropics was to rise !
a building which would bo the ornamout and pride of 1
New York for all time to come; and as iis glass-covered f ]
dome and gilded turrets glittered in tho sun the geese |
ol Yorkvllle would scream and flap their wings In dc- J
light and the gouts loss Iheir beards in the breeze in ad- |
miration of the wonders which the art of man had i
wrought in their uncieut playground. The interior was
to aflord facilities not only us a manufacturers' trade '
mart, but also to furnish citizens of the metropolis and < <
strangers a "popular resort where all agos and classes !
might Unit appropriate recreation, amusement and In- ,
at ruction;" to provide a "winter garden where in (be i
most inclement weather might bo found tbo climate '
and products of the tropics;" give public amusement, |
huch a.-, opera, drama and imiOcrta; create a librury and
art gallery, a miners logical department, and an |
aquarium In whicit visitors ol l?a;ik Walton proclivities
might indulge in their mueb prized pin atopal
pursuit. lly a pamphlet issued by tbo
company bearing dato lust tear the Hoard
ol IMrcctors appears to have been William It. tigden,
K. A. Boyd, Paul N. Spoflbrd, James M. ."-clover, W. ,
F. Shatter, ti. A. C Harnett, Lloyd l?. Uartlatt, A.
Wells, Samuel N. Simpson, 0. A. Stevens, A. S. !
tiatchel, K. H. Pood and It M. Cu-hman, all of New ,
Yuk; .1 Condit Smith, ol Bulliilo; George ||. PouOold, j
ol Hartford; Ueueral John M. Corse, ot Chicago; W. .
1. Grant ol Covington, Ky. ; Audrcw M Kinloy. of , ,
St. Louis, and lion. F. A. Alb<rger, ol oowber".
Hitherto the dream of the com apjj ? youth does not
-ci in to bav been realize I, althot* . the act ol the |
I.egirbtltire relieved it from taxation for live years,
and bv amendments autliorized the issuo ot bonds to ,
the extent ot lUO.OWi.'SW. These bonds were to lie of
the denomination of f'JO each, on which Interest was ,
to b? llxed by the interposition ol a wrhcol of fuitunc,
and paid only at the time ot redemption. This wheel ,
ol lortuuc was to bo appealed to lour times u year tor 1
the purpose ol "electing" 1,000 of tLo bonds, none of
which, It wae claimed, could bo worth less than f'.'l, ,
and some of which might reach $100,000. From time
to lime the Company lias bccu heard from
thr?ti;U advertisements, ^ligations brought against
it and applications to ar.po'ot : i^i... '
made by outstdo creditois. Yesterday, however. i
Ibo cempau.. Si"3"""d 1^? aggryslvo in the
form ol a suit instituted in na name In iLe Supremo 1
Court, to recover from Morgantbau, Bruno A to.. Its
Un metal nei.tr, nearly $l??,ooo, charged to have lien 4
obtained by tho agent.- in a fiduciary oapacity, as the .
prpctc Is of sales of bonds ol the rompauy, and frauduleiPly
appropriated to their own use. Mr H. F. Av- t
? rill, as lob'Uiel ior the company, Applied in Supr me t
t ourt, t liainbe/*, and obtained and delivered to the
shentf yesterday ?h order ol arre.-t in the suit, dire-.t- j
ing the imprisonment o* Jlorganthau and llrutio in do- c
fault of their lurnishing security Hi tho sum of t
$110 000. The affidavit* on this order was ma le .
arc hy John C. Itobiu-ou, tho p>'*'dent of the rem- :
pany; Kdwin B. Pond, the secretary, t McMur.fv, ft ' t
director, and several bank officers. The p,""?ClpaI at- r
davit Is itiat made by Secretary Pood, who discloW, it f
least m part, tho Quanoal operations ol the company i
which must be Of lutercst to those who have become ' 0
holders of its bonds. This affidavit' shows, in sub- L
stance, that when the company was seoklne an nn. i.
purtumty to put It* bond* un the market, the defend ?
ant* appeared at a meeting of its board, held on t
the Otli of January, 1*74, with a view lo becoming w
the Unancial agents of the company, and explained to i,
the Hoard of Pirector* a plan lor tho d tpoaitton nn<I |
redemption ol the bond* of the company which they (
were de.?:rou* of carrvlti,' out, and that such plan was
then in operation by the uillcrciii government* in Kit- ,
rope, and that they had sold largely of government a
bonJt tsaued on such plan, samples ol which they
there exhibited. After negotiation* lasting from Juno- .
ary to Jun:- a contract was made between the company '
and defendauta that the latter were to become the
financial agent* of the company lo place its bono* en
the market lo the extent of I'.tuwo.uwi. The provi- '
aion* of this contract were that defendant should procure
the printing of tho bond*; that tbo bonds were to bo sold
lor not lea* than their face value, of winch defendauu
were lo retain twenty live per cent a? comtnlsmon;
(hat the bond* ware to be deposited in dvfeuduui's lain, 1
lo be l iken out only by the consent of plaintiff at-d de- y
teudanu, and in i{unniilies of not loss than flOo.WO;
that tho defendauta w ere lo give security for the pay r
meat ol the first $100,00(1 ol bonds w ithin three mouths t
Irom the Urst delivery of honds lo them, and 1
at the expiration of three month* return to c
I ho company all bonds not sold, and that I e
on those not sold no commission was lo be charged; i
Unit defendant* uilgbt employ counsel lo search title J
to tho corujMtny'a property at an expense of not moro *
than Alttttt and vow nuuuit thus actual^' uutUtOwt 1 *
IKKALD. SATURDAY, FKli
might he deducted from the proceeds of bond* to be ! !
I'.nd to the company. Tho contract lurther provided
that ilufcndaiits should make a special deposit in a bank i
or trust company, to lie mutually agreed upon, to meet
the payments lor the redemption of the bonds according
to the "plan," and that plaintiff should execute a
trust deed us security for its bonds; that defendants
should, within three months from tho first delivery of
bonds to tbrm, pay plainUfl $200,000. provided an extension
of the company's land contract could be obtained,
and wtibiu one year from such lirst delivery
pay to plaintilT $*00,000 morn, and on failure of de- '
fendnnts to fulfil this and tho preceding provisions ;
plaintiff could terminate the contract. Under Hits
Lulling i, dim aiduvil continues, tiio defendants exe- .
cutcd a bond in $76,000 by thro.) sureties, wliicb was
subsequently disapproved. Out of the proceeds Of the
bonds defendants were to have $1-00,000 additional to
their commissions lor the purposo o( advertising, and
were to watvo ten per cent ol their commissions ou bonds
used by the company in payinout of its land and labor.
Iu the 1'aJl of 1874 bonds of the value of
$362,000 were delivered to the delocdants,
of which dofendants returned bonds to the
value ol 167,100, leaving to be accounted for $'.'04,000.
Of this sum there is explained away $10,000 lor advertising
uud $30,000 us having been placed In the bands
of sut. agents, "Defendants have rcooived on account :
of plaintiff. of moneys paid out on plaintiff's account, :
between the 7th of August, 1874, and tbo 30th of April,
1876, anioiintlug to $33,080 18, which Is all tho cash
plutuiifl' has ever received from defendants, or that i
they havo paid out for plaintiff tn any manner or for j
any purpose," leaving abalanco to be accounted for and
duo the defendants of $80,574 87!. I'pon othor saios of '
what Is termed "drawn bonds," defendants aro
charged with having received proceeds to the extent of
$30,257 50, which thny tailed to deposit in the Fifth
National Itank, as they bad agreed, and that, alter | '
making all just deductions, there Is lound to be due ! 1
Iroiu defendants tho whole sum of $97,848 3*2, which j ,
they are charged with having received in a fiduciary
capacity and appropriated to thoir own use. 1
Following their arrest Messrs. Morgan than fi Bruno, i 4
the company alter their naroos being. as alleged, a j 3
myth, wero taken before Judge Houoliue, ol tno Su- 1
pretna Court, to whom an application was made to va- j
cato tho order of arrest or rwduco ball. The first proposition
not being conceded to delcndant's counsel I
turned their alloution to getting tho ball reduced, j i
which was strenuously resisted by tho counsel for the f
Industrial Kxbibitiou Company. It wus naturally eon- j
reded tbut tho bonds of Ihe company wero worthless, j
but Judge lionohuo thought it no more than right that j J
the $00,000 of these bonds, now in possession of the do- | '
feudaiits, should be deposited with the Court as part -e- J
3tirity /or bail, which hud been fixed at (110.000, but *
Ablch ho ordered to be reduced to $100,000, leaving
MO,000 bail bonds to be furnished by the defendants.
VERDICT AGAINST THE CITY.
An important vordlct was rondercd yesterday in 3u>reme
Court, Circuit, ooioro Judgo Dou> hue, the c/Tect j.
>f which promises to lessen very largoly litigation be- I p
ween the city and its employes. The suit was brought , L
>y Benjamin V. Haskin against the city lor pay as as- a
listant clerk of the Tenth District Court, of which I r
ludgo John Flauagan is the jus)Ice. A denial was r
nado oi his uppointmont, and it was further alleged
hat he did not render the services lor which pay was
lemauded.' The legality of the appointment, however,
laving been shown, as also the rendition of the ser- \
rices, It was sought to defont the payment ot the claim ! 0
ipen the allegation that Kr. Buskin had been paid for 0
services as stenographer of the conrt, which services
it was claimed he was Incompetent to render and did ?
lot render, and, tborofore, that the salary thus paid
ihould be an offset against the present claim. Mr. Abel *
.'rook introduced a Judgment in evidence recovered j .
n a foiiner action by the plulutilf lor fees na sten- i
rgrupher, and contended that It lortnod a complete a
istoppel to the defence put In bv tho city. Judge ] p
[lonobno gave his decision yesterday supporting the j tl
position taken by Mr. Crook, and thereupon diroctod a a
i'ordict for tho plaintiff for $1,MM 87, being tho full it
unoiint claimed with Interest. Judge Flanagan was ]
>resent in court, und watched the proceedings with an ! D
merest ut once professional and Judicial. j w
P
DECISIONS. | *
suriiiiiia cocrt? chambers. i<
By Judge Lawrenco. [ "
Livingston vs. Grow: O Mclia vs. O'Mclia: Philadel
ibia vs. Goading Coal und Iron Company; Diiraiu vs.
ishley; Schwartz vs. 8chwartz; latthrop vs. iiraoiiall;
Kurzman vs. Hawkins.?Orders granted.
Wood vs. Koal and another; Ficldman vs. Bell;
'ilghmnu vs. Fries; Borfcshire Woollen Company vs.
uhard, he.-, llargreuves vs. Bickertnau; Hargreavea
s. Grouell; Williams vs. American Hridgo Company;
Jorly and another vs. Libenthal; Hargroaves vs. Fair- i II
hild; Aden vs. Acheson.?Granteil I ?
Ditn-moro vs. The Mayor, Ac.?1 cannot grant this
irdcr without explanation. P
Gilbert vs. Leitz.?The affidavit of regularity which a
3 handed In was filed February 15, 1870, In an applies- j
ion i*or ihc appoio'ment of a rofereo to compute, and _
ir. Ltviugdtonc was appointed such referee. The apilieation
boto?0 lac- yesterday was for the appointment j
if a referee to compute and Mr. Morehouse was np- j.
minted. The sitmu affidavit of regularity cannot re- c
ate to two cases. ,
Matter of Bogaidus.?Explanation required; Gordon
rs. Paoll Bell Company and another.?lielosed, because j c
matter is under advisement; Welsh vs. Flushing and t
North Side ltailroad Company; Mooney vs. Francis. I .
Why bavo these applications been delayed ? 1
National Bunk vb. Fairliaven. ? Having read the
opinion of the General Term I am or opinlou that this
case can bo tried in an hour, nnd 1 therefore direct
that it be upon the Special Circuit calendar lor March
10. 1S70.
Citizens' National Bank of Baltimore vs. Jones.? <
Motion to overrule answer as frivolous grunted, with
costs.
Faber vs. Dodge. ?Motion to vacate order of arrest i
denied, with cost*.
Montaut vs. Dibble.?An allowance of $250 granted (
to ttic defendant. ,
Ilanco vs. Hohlon.?Motion to resettle order is denied \
without costs. Tho taxation seems to bavo been (
Dorrect. I |
Fischer vs. McClare.? Motion granted and cause ,
placed on Special Circuit calendar lor Friday, March 10,
1876. j ,
Citizen's National Bank of Baltimore vs. Perot.?
Motion to overrule the answer ns frivolous granted, ,
with cost?. Scheir vs. Carpenter, 51 N. Y.t 002.
Matter of Hatch.?Bclbrence ordered. Memoran- ; ;
12 W III
Smith vs. Iieech.?Connsol arc requested to submit
points or briefs.
Matter ol MeCaulev.?t desire counsel to furnish me
with a certified copy "of the order appointing the jieti- !
Honor guardian ol the in hints. Auy order which may ,
be made should require the petitioner to give security. .
is provided by tlie rules ot the court. The petitioner
should apply to be appointed special guardian for the '
purpose of executing the mortgage.
Wsnneig vs. Wennols.?Motion denied. MomoranJam.
Matters of Ilurko & Boyd.?I de9lre the counsel for '
the petitioners to submit a brief or points, stating the
grounds on which it is claimed that tbc assessment
should be sol aside. Memorandum.
SUPREME COUBl1?SPECIAL TERM.
By Judge Van VoraL
Kallske vs. Horgati.?Dccreo signed.
SUPERIOR COURT?SPECIAL TERM. j
By Judge Sedgwick.
Funke et al. v?. New York Mutual Insurance Com- j j
pany.?Motion denied. I ,
Farrell vs. Van Tuylc et ak?Exceptions sustained, j
iureties insutliciout.
Haven is. Dally ct al.?Motion granted.
Pence el ul. vs. latwrence ct at. vs. Board vs. Slnnott
't a).; Glcnney vs. World Mutual Insurance Company j j
Uerjer et al. vs. Keptor ct al ; Fnrroll vs. Van Tuyle "ct 1
il.; Funk et al. vs. Nsw York Mutual Insurance Com- j
pnny.?Orders granted. <
l/cinp vs. Huetsh.?Receiver's bond approved.
Mount, kt. vs. Barretto,?Kcport ol referee con- j
firmed and judgmout ot foreclosure and sale.
Martens et al. vs. Martcus ct al.?Bond of guardian '
id litem approved. ! <
Jessuii et ol. vs. Carneyle el al.?Commission or- ' *
Sored. I ?
COURT OF COMMON FLEAS -SPECIAL TERM.
Before Judge Van Brunt.
Su-an Pilson vs. Alcxnuder Pilson.?Dccreo of dl
rorce granted.
SUMMARY Cr LAW OASES. j ]
Surrogate Tan ?rbaiek is conflnod to Ins bouso from ' j
,ho effects of overwork since he assumed bis present ,
t I I
Charles Schultz, the German forger, arrested last j
November on the steamship Idaho, was taken before ?
nited Slat-'n Commisaioncr White yesterday and com- I
Lltted to Ludlow Street Jail under tho provision! of f
be Kxtraditlon Treaty. I v
There was only a brief session yesterday of the Court
if oyer and Terminer held by Judge Barrett. After a 1
irief argument as to the comparative credibility of tbo
esttmony g.ven on Thursday by Dusenbury In the
r a; ?f Austin Black on the charge of gubernattoo of *
>erjury and (hat given by Mm at a prior civil nttua ,
curt adjourned until Monday, upon request of Ills- ! i
rirt Attorney Phelps, who wishud to attend the funeral j
I Mrs Judge Sutherland
In what is known as "Devlin's Iting Suit," brought 11
y t harlvs Devlin, a bondsman of Tweed, to compel all "
ho participated in the King plundor to make rosli- ?
uiion, and in which Stale Attorney Uencral Kaircbild '
ran made n formal defendant, an answer was served on c
h.tll" of that gentleman yesterday on Messrs. Kteld k
leyo, attorneys for plamtin. This answer, except that I
i Is in tho Individual name of the Attorney (Jeuornl, te '
n all roapecie the same as that served by Cor|K>rat?n
ounsel Whitney, a very lull synopsis of which nas
'.ready been published in the lUaauo.
WASHINGTON PLACE POLICE COUBT.
Before Judge Morgan. I <
T.ACTISINQ MKPICINK WITHOUT A DIPLOMA.
I'pun complaint of Henry B. Sands, M D., of No.
6 West Thirty.third street, President of the Medical
ociety of the County of New York, John l^ing, of No,
" King street, was arrested and arraioned imCnra inin I
(organ yesterday charged with "notation of tho law* *
(filiating moiical practice." The complaint staled (
hat the prisoner had practised medicine since May, to
*74. without authority, license or diploma On Deember
li. 1*74. an examination was hold belore tho a
elisors of the Mi ileal Society and a ccrttticalo of quail- n
Icaf.on was refused on the ground of Incompetency. I
oscph K Janvin, M D , chairman ol the Hoard ol Cen- 1
ors ol tho Mrdiral Society, tcstlQod to tho examination y
?4 rcIlUOi Ol Out MtUl-m* ian.ee Disdy, gl Mv. 1 U
J
IRUAKY 2(5, 1876?WITH 5
233 Kwt Thirty third street, testified (bat he obtained
a proscription from I.ang. Judge Morgan decided to
bold Lang In $300. The examination Into tho case will
take place to-day.
FIFTY-SEVENTH STREET COURT.
Before Judge Murray.
ROBBING AN OI.? WOMAN. "*
Mrs, Margaret White, dn old woman aged nbont
seventy, rosiding at No. 416 First avenue, had stowed
tway In a safe corner $100 of her hard earned savings,
three hoys of the neighborhood who had heard of the
ran entered the room from tho yard by means of a
ladder and stole tho poor woman's little hoard. The
loss drove her almost crazy. Sbo suspected a boy
lamed Daniel White, who was employed occasionally
iy her as an errand boy, to have posted tbe thieves
tod to have laen in collu.- lou with them, and be w as j
trrestcd. lie wits committed at this court tor examllation.
GIVING OBSCENE PICTURES TO A LADY.
Sarah Jane Miller, of No. 867 Seventh avenue,
charged Christian lleauman and William Yeager with ^
lrawing obscene pictures and delivering tbeui to her in
iioauraan is her brolhor-ln law, and with the other .sho
las been well acquainted lor several years. The premiers,
through spito, sho said, adopted this mean way
jf annoying her. They were hold for examination in
1600 each.
ABANDONED HER CHILD.
Cl
Last Thursday a week ago a woman, having a baby
dx months old In her arms, called at the rooms ol Mrs. ^
Brian, No. 1,134 Second avenue, and asked tho prlvi- ^
ego ol making a cup of tea. It was granted, and j .
itltile she went out lor the tea sho loft the baby In 1
rhurge ol Ann Carr. Sho has not been soon since, and ri
rotftwrdav Ann applied to this Court to have the child o
tent to Kendall's Island. Tbo child was sent C(
THE ASSAULT WITH A BOTTLE. tj
August Ilrandcs, the liquor denier at the corner ol n
forty-seventh street aud Second avouue, who was ter- h
'ibly beaten on tbo bead two weeks ago witb a bottle o
n tbc hands of Stephen J. Ross, of No. 109 East Forty- : ni
leeond street, was able to uppear in court yesterday ?
or the tlrst tune since tho assault. On his complaint
toss was bold for trial at tbo General Sessions, in do- i P
ault of $1,000 bail. ; T
HARLEM POLICE COURT.
I K
Before Judge Wundell.
I ai
THE TEN THOUSAND DOLLAR ROBBERY. I C1
William Gear, alias William Howard, was op again j c<
lelore Justice Wamiell yesterday. Tho accused whs [
ubmitted to a closo cross examination by tbe Court, j 0I
ml nothing was elicited which has not been published, j
,nd he was sent buck to prison. The polloo aro very j
ctlcent about the matter, and neither they nor tbo : ni
ourt will give an inkling oi tlio reasons whlcli war- tli
ant tho dotcDtion in prison of the accusod. n,
POLICE COURT NOTES. JJ
un tho returns froin tho various precincts to tho o)
Vashlngton 1'lace l'olico Court yestorday thero wore ^
nly tilteon prisoners. Judge Morgan quickly* disposed
f ttieso, and afterwards attcndetl to tlio regular callers
r laler prisoners. In yesterday's Hkkalu it was inud- ; ra
vrtently stated that Judge Morgan declined to Issue a [ ^
rarrant for tho arrest of policy dealers. He did not | m
kiuo tho warrants on the grounds that the complain- <
nt, Mrs. Ilurtnett, could not give tho names of the tl:
croons of whom tho tickets were purchased, llo, u
lioroforc, directed her to headquarters, to obtain tho J
salstanco ol officers who could swear to the dealers '
ud their offices. I re
At the Tombs Police Court yesterday, before Justice m
uitfy, Kdward Mailer, of No. 27 Kast Houston street, ; p;
(as hold to answer on a charge of breaking into tho tl
remises No. fi Ciiathaiu square and stealing therefrom a
52 worth of clolhlug. | yi
Kli/nbeth Donnelly, of Cherry street, was committed ; ci
>r trial lor stealing f 10 from the poison of Joseph tl
iulch, of No. 41 Mulberry street. a
James Ashton, Joseph Ashton nnd William Morgan o
rcro nil held to answor lor cheating Mr. Palmer Smith- di
on, at a game ol banco, out of $20. u
A WARNING TO LANDLORDS.
01
Yesterday action was brought In tho Brooklyn City p
ourt, before Judgo Ncilsou, by Jamos McAlpine against oi
tebccca B. Powell, to recover damages in the sum op ?
5,000 for tho loss of his son, nine years old. Tho p]
laintifl leased the third story of bouse No. 97 Myrtle la
venue from the defendant. On the 21st of August, :
S75, deceased went out on the balcony of the tiro j oi
scape in the rear of the house to play. The balcony j|
uddenly gave way, precipitating the boy to the yard, a ; "
tstance of twenty live feet. He was almost instantly j p,
tilnl it was shown that the balconv was not nron
rl.v secured, whereas the statutes specially provldo ii
bat landlords shall keep Ore escapes Id proper order. ii
'bo dctoiico was that the tenant should have kept the ; *|
caps in repair,?nd that deceased had uo business on p
be platform. The jury rendered a rcrdtdt for the gi
ilaintilf Id the sum of $1,000. 0
COURT OF APPEALS.
Albany. Feb. 25. 1878.
Io the Court ot Appeals to-day the following do- u
sibioos were huudod down:? 1 v
Remittitur ordered amended.? In re lograliam. | ,,
Motion tor reurgumcDt denied, with $10 costs ; a
rittaiiy vs. Karr; llrown vs. Volkcnuing. i n
Ordered that all proceedings in this action, s.hc and ! r
xcept such as are necessary and proper to bring the j'j
ippeal herein to be regularly heard and detortnined in f,
hit court, or to more in this court to dismiss the n
mine, lie stayed until the dual bearing and determinaion
of the appellant's appeal now pendiug, or of sueh
notion to dismlsa?Glidoraleove vs. Oigon.
Motion for reargumcnt denied, without costs.?Bel- c
nont vs. Pouvert. C(
Judgment roversed and new trial granted; costs to p
kbide the event.?Smith vs. Otrand, j tl
Juilgment affirmed, with costs?Osborne vs. Keech; i n!
tl tiler vs. Ball; Staiinard vs. l'rtnco; l'utterson vs. p,
Jirdsall; Moody vs. Andrews; the Gcrmama llauk of c
Vew Vork vs. liesiler; Kngh vs. Oreonbauiu. | v
Order alarmed and judgment absolute for defendant d
>n stipulation, wiln costs,? Kvaus vs. The Vuited 0
States I.ilo-inaurance company, t s|
Appeal dismissed, with costs.?l'routy vs. The Lake &
Shore, Ac-, Kallroad Company; Miller vs. Drown. I f|
No. 220,ij. Anson M. Baker, appellant, vs. The Homo i tl
Ulo Insurance Company, respondent.?Argued by A. t
II. Bingham, of counsel tor appellant, and by I* A. Hey- ti
sard for respondent. " ,,
No. 221. Charles H. Biased, supervisor, kc., respon- n
lent, vs Kernanuo P. Draper ot uL, appellants.?Ar- |
tued by 8. S. F.dlck, of counsel lor appellants, and by n
i. A. Bo wen lor respondent. * ,,
No. lid. Charles 11. Mead and another, appellants, vs. i
The Westchester Fire Insurance Company, respond- t
tnts.?Argued by C. V. Drown for appellants and by C. d
frost lor respondents. ?
No. 201. Samuel Hubbard, nppollanl, vs. Jesse Our- o
icr, respondent.?Argued by s. A. Bowen. of counsel s
ror appellant, and by U I? Bundy for respondent. a
No. 248. Cornelia Van Allen, respondent, vs. Ttio p
farmers' Joint Stock Insurance Company, appollant.? a
fubatltted. J u
The Court takes a recess to March 20, 187th | t
5 I *
THE CASE OF DOLAN. J
B
A statement was published In the papers lately to the c
jffect that the stay of proceedings In the Dolan case
was asked for In consequence ol District Attorney p
Phelps not being ready to argue the case The counsel a
'or the prisoner wish to have this statement contra- ?
llcted. It seems the slay of proceedings was a.-kcd for
>n the ground that the Court ot Appeals had unevpcct- . "
tdly adjourned lor three weeks.
POLICE TRIALS. i 1
: i
Two police captains wore summoned to the Central ^
>tflco for trial yesterday. Captain Davis, of the Thirty- . t
Mth precinct, was charged with tailing to respond to a t
olographic call from the Superintendent, and Captain c
HcP^nnell ol ihe "fecinct. for failure to rlose n
"...v..?j...j?i.? j-i2
I gaiUUIlUg UVUBV UU IUVI1IJ'?WB*UCV?. IHW vwv VI omw
'oriucr wai diomis?c<l when he explained that absence (
rem the station bouse attending the fuucral of one of
lis sergeants was the reuse ot hie failure to respond. .
The r.vo of Captain Mellon noli was adjourned until
icst Wednesday,,, owing to the absence of important
rltnesses. I *
[ HE LAST OF THE DOG FIGHTERS. I
1
John Barrett, who handled one of the dogs which I1
rere fought at Karl's Park, on January 31, was ar J
signed before Kocorder llackett yeatorday for sen^ ( ?
enco. no teas condetahed to uBu?t|w ; ?
mprisonmcnt and to pigr a fine of f 100. The cntiro n
lumber of sixteen who were arrested lor participation g
n the ailhlr have now been disposed of. Tho Kororder cs- | a
irossed his firm determination to put a stop to all f
ueb brutal amusements by dealing rigorously with all 1 ji
iffcndera who may fall into bis bands. I a
I c
RECORD OF CRIME. f f
Burglars forced an entranco into tho storo of E. ! P
luchstetn, ol No. 03 Grand street, and carried off silks jj
? < ? ? fivwi IUU iiiivTca mw luppvwu w |(
iave secreted themselves In the building during the ?l
lay and at nlgbl lo have gained cntranco to ?
be store, which la on the second floor, a/tcrward male- (l
ng good their escape by loworlng themselves from tho p
rmdow. a
On Wednesdny night umbrellas and parasols, worth si
1334, were stolen Iroin the store of Max L Itau, of No. ci
17 Kim street. The thieves lowered them to the side, j le
talk Irosa the rcol ol No. 114 Kim ataeet. f
An overcoat, worth $50, was stolen last night from 0'
he hallway of No. 131 Wcat Fiftieth street, occupied s<
ij Mrs. Wolley. 1 It
Fitly dollars' worth of clothing was stolen from tho o<
pertinents of William llargell, at Nix t)14 Third avc- j
me. yesterday afternoon.
The Rescue Conkllng flag of tbo Lincoln Club, st No. I hi
2 t'nlversity place, having been torn from its stall I ol
wsterdav morning riy the wind, was stolen by some it
iDkJWWB parbea It was War Ji 4oU i tti
iUPPLBMKNTiimi
iS hsjse
V Remarkable Chapter as to How
the Money Hoes.
*
M"rt"nrCT r\ki *nA^nwnnii nrnxr
in i untj i vjin mruunrrnftl ucdio
k Company that Runs Only
Twenty Cars.
rares To Be Reduced When Profits
Grow Too Large.
In pursuing inquiries relative to tlio fluaucial
ondilion ando j.orations of ilia several street car
ompanles somo remarkable farts, in which tlio
nbllc Is specially interested, lr.vo coiuo to
ght lleyond anything else, tbey have served
> show that these corporations are in the enlymout
of franchises which yield to them enormous
Horns, and that all Ibat has been said In palliation ot
vorcrowdiug on the ground of small profits, which
oold not ha diminished without positive loss, is en- J
rely at variance with the uctual condition ol affairs
nd entitled to no consideration whatever. Tho stockelders
realize on their Investments, according to the '
fllcial reports, from ton to twenty |*rceuti>or annum, ;
nd besides this gain a system has been introduced of
^presenting heavy indebtedness, for n purpose to be i
rcseutly indicated, of a most Intangible character,
he aggregate of tho sums stated to be owing by tho :
iveral conipaulcs in Ibis city is fully $20,000,000, far j
lore than the roads arc worth put togotber, and about ;
a equal amount is also slatod to have been paid in as
ipiul stock and disbursed for their construction and
lulpmont. Out of the turnings of (be lines, and
dally distinct from dividends, interest is paid
- alleged to be paid on the vast amount of indebtedp?8
just mentioned. To whom the money is due is
at given, nor does it appear, if ever borrowed or lent,
lat it was employed for any legitimate purpose in conaction
wiin the roads. But the public, as remarked,
Interested in this matter lor the reason that they j
-o c a pee led to suomit to gross Imposition at the hands j
'the railway companies in order that they may fill ;
10 pockets of parties to whom llioy (the peoplo) owo |
ittilng. There is a kind of legerdemain, as will bo j
ten, in the mode of originating and carrying on horso '
ir lines by which from lorty to soventy per cent more
tan is called for is paid for construction, and thon
uking the oxcoss so liberally givon away the cause' of
perpetual drain on the incomo of the business. How i
us happens it would be very desirable to know, and
lerebv hangs a tule.
FARES OUGHT TO BK REGULATED BV PROFITS. j
In any view of the matter thero can bo no sound !
:asun advanced lor the neglect ol supplying a suiliciout ;
limber of cars to accommodate the public. Several 1
rctenccs have boon offered to blindfold, but one alter
in oilior, when examined, turned out lo bo spurious.
11 that is needed is to put on tbc additional
chicles, incur some additional expense, and ilio dlfllllty
is at an end. Hut the parsimony and greed of
ic directors prevent tills nction, and it is only by such
law as is now ponding in the Legislature, making
vcrcrowdmg a criminal oll'euco, to lie summarily
salt with, that the scandalous abuse can
0 suppressed. The earnings and profits of tliocomiinios
should bo curtailed. What with interest on
ctltlous debts and dividends tlio happy stockholders
re working a rich initio out of the work ing and poorly
aid bees of this great hive whose hoalth and cotulorl
io to shamefully deregarded. In England and ill
tlicr European countries when the profits of street
?r companies go bovoud.a certain figure they are by j
iw obliged lo reduce tho faro. Borne such enactment !
1 required in New York. However, wo are informed, !
r-caihflra, that all claims ol passengers to bo treated
5 civilised beings Is "preposterous," and that to talk ;
I' giving soats to thu thousands who all want to go 1
om otic nnd of Jdunhaitan Island to the other is j
simply absurd and impossible." And yet Ibis preosterous
nnd absurd claim or talk is what the street
ir companies agreed to do with tlieir eyes opon, and
i consideration of which thev obtained and now hold
-uHcbisos or immuliso value. The gentleman who :
lieaks is president of au important Hue, yet he comes
ack, like all others intereslod in the roads who have i
pokt-n on the subject, to the qucstiou of additional '
xpen.-e and less gain. Hero is where the shoo pinches. ;
Im iirnHt w?? Art* Lfiltl ni'Aiii is onl v ! hroo-tr?n! hs of" a !
rut on ouch passenger, ni> it that statement was couincing
in presence of admitted earnings allowing diviends
of lueuty per cent. ThcgonUoinan referred loilocs
ot, after alt, believe It to bo impossible to run more
ehtclea, as ho thinks if llio companies aro compelietl
> furnish iliem tbey will not be so costly us those now
1 use. "Old cars would bo run without repairs as long
s tboy would hold togothor, and now ones would bo
lade as plain and cheap us possible" I.ct us have tho
Lira ant bow, and a law making it obligatory to keep
ucni iti use so that every one who pays a faro shall be
iruished with a seat. In elucidation of what precedes |
otlces ot th? financial affairs of several of the corn- ;
antes are appended.
THK 11KLT I. in If.
The Dolt lino lakos in a circuit of the city below
entral Rarlc. by way of West and South street. It j
onslsts, in lart, of two separate routes, embracing a
ingtli of eleven miles. About liltcon million pcoplo
ravel on the cars annually, mid the company, known
9 the North and Kast River and Central 1'ark Ka.lD^d,
is regarded as one ol the most prosperous in tho
ity. The franchise enjoyed by it is considered of great
nine. But, unliko the I'hlrd Avenue Company, tho
ircctor8 do not retain at tbo end ol tho your hundreds
f thousands of dollars with tho Intention of
bowing that tho profits to investors aro one- j
alf whnt tlicy are iq reality. Tho receipts j
rom passengers 'aro about $7AO,UOO anuually, and of
bis sum fi*?,OUO is paid for interest, not dividends,
ho North and Kast River road declare that the capi- .
il stock, $1,HIH).isK), is all subscribed and paid up in
roper form Tne cost of the road and everytli>ng aprr
tain I tig ?o it is further represented at $i!,l'g5,ono. i
t would appear, men, to un ordiuary person, provid- i
ig that these figures bo correctly staled, l lint llio com- j
any required 9Ut,M9 in addition to the capital ?c- ;
iiallv paid in to complete aud place lu running order
heir roads. But a debt of $1,i>.'iU,UU0 is sia cd lo ho
uc some parties unknown, wblcli is exactly $900,000 1
u>ro than was required lor nnv apparent purpose.
>nt of the proll's of the irafllc Interest at the rato of
even per cent per annum Is patj ou this hugo sunt, j
ud nobody is able to explain now and for what puriosc
(his debt was routracied. and, If contracted at all,
rhai ha- liecomo or what use has be<Mi made ot tho
aoney. l'eople are deprived of prn|ior accommodaion
in travelling on the cars, as slated hoinre, in conrqucoco
of the necessity that seems to ovist to realiro
uyc returns, in order lo pay heavy interest on large
retumably lahricaled debts. The less cars run tho ,
renter tu?? gain, ifiicc mo mucous gisiui 01 over- ,
rowdlog, which Is happily approaching its end. |
AVKNt K C LINK.
(?n Mav 2'<, lsT4. the re al estate, tracks, cars, horses,
rsncbtses, ftc., ot this line were purchased at public
uclion tor $1100,OJO by John Iarwry and others, who \
rgant/.od under the name of the Houston Street, West
treel and l'avonis Kerry Railroad Company. Tbo
naocial slutomcut ot this corporation is, llko all tho i
thers, mysterious, though regaid.ng Its record row ,
Urt ?nd tho spertftc ststetneni as to ryj), jW*; J ,
xpeel clear and plain st^llnf, The ?^orixe>f capital
iock is toW.OW^ *''4l only oue half of this sum has j
ieen subscribed and paid in, which would leave ?50,000
o be raised to pay tho pur. ha.o money of the road,
lilt the louipany'in lege th;)n two yeart has contrived
o get in debt just 0,000?'hat is #200,000 more than
bo original Lnvcstinoot The line litis always been and
outinflcs to Li6 WoOlsTte. ThP coni^drum, however,
etuains to be solved as to how it rcquIrM fT5?,000 t?
aeet a purcbajj amounting to (300,00%
THK SKCOJW AVKXIS MSK.
Tno cost of this line, including road hod, superstrucore,
cars, real estate, &c . is etatod to bo $i,000,1X10.
t is, howuvoi, giu.Tauy underwood lo bo the practlco
o placo valuation co.u;}^?^?iv Jiovo aclttal outlay, |
uu when an allowanco or say lwenly-flv* P*r ??nt 'a
nr.on iniu rccoutil?or over estimate tbo ebrrwt .^attros |
re about reached. For Icstancc, wbere a cost of
11,000.000 is reported, $75'>,000 is about the nurk, and I
U bh to greater amounts. Tho capital stock paid In of |
be Second Avenuo Uuopany is $Z,0U0,0d0, a sum .unity
guOlcleut to put the hue iu the best running ordrr, j
rich horses, buildings and all other accessories. Tho
Touts of tho tralllc aro enormous, and, as a matter of
Qurso, heavy dividends _grj realised by jhy sereos (
loekliolders mil >uu vvmyuuj >w<it
f $l,3->u,000. Here ws have a sufficient amount of
aotiey subM-rlbcd to run and operate the road, and it
oos Into a highly successful husinsss; dividends sro
oclared regularly and all looks dear and bright.
mi lurjiijiu some moans a dcni sucn as
jst itaied is created, for which nothing
rhstever ran be shown in tbo ar.-ouois,
srept that #100,COO is paid annually fcr intern, t on it :
jTUvij rijlruail men answer the demands'of the people
!>f a eutHcIenl number pfenrs to enable ihcin to travel
coently through the city try saying that we arc too ,
oor, thaOsuch an increase would lead to soiViotniit#
ke next coor to bankruptcy, !)t?y aud insult to in- ,
try. When they speak or Impossibilities in referoaco !
> running mure vehicles they go directly In oppo?
itton to tbo opinions and experience of the ablest onmoors
wrtio have made tbo subject a study since lt.Vt,
hen strcot cars were first introduced lor general
stile. I bo opposition is siiupiy, as has bran re
oatcdly slated in these columns, that it would rauso
lesseniug ol profits, ana that Uio oompimoi will rest
the reiornt regardless of their agreements with the
ty and the health and conveuionco of the people as
ing as ihcy can. It would take only a portion or tho
190.090 yearly paid by the Second Avenue Company ,
t lis willo'theuisp of a funded debt to turr.ish proper
rvico to tho public, and yet tbero would remain to i
s stockholders dividends ranging (rout twelve per
rot and upw ard per annum.
stnu a.iati a*n notki statkmksts.
Dut tho President of tbo Second Avenuo Company
mru ? 11-11.u Hi CA|iri ?1 1110 opinion mill IIIMeVI
I using tin* money for the better accommodation of
10 p'lhlic tho right plan l? to have farca raised from
re to teu CtUU. flc entirety tUrow* a-uto ilia en- i
I ploded idea that 11 u imp..mi me to rurnisn cart en >ugfc
to give seats to all passengers who desire to traval during A
the early morning and evening hours. He admit* thai \l
the reform can be accomplished very easily, but ob|e?- \\
I lion is Interposed because Ita Introduction would not
pay the heavy dividends now realized. The allegation
niudo that horse oar companies get "a smaller margin
of profit thau any other busiDoss in the city" la both
blunt and niuusing, aud Utu simple answer to the state
went Is that there are no railroada, as every one
1 knows, in the United Slates or in Kuropo, that yield
anything like the profits realized by the streot lines In
New York. The public does not wuut '-palace rarn
with a cushioned seat lor each paescngor," but tb.-%
is required decent treatment and proieo!
Hon from pickpockets, which tba present I ta
system of overcrowding fails to secure. It Is woli la
have an unequivocal aud positive admission that tbora I 1
is no obstacle of any consequence to prevent a teal boIng
supplied to every passenger who desires to ridu 1 I
The I'rr.sideut of the Second Avenue Company is cred \ 1
ilcd with making a statement to the edect:-^'-Wo carry 1 1
fewer passengers now than we did three years ago, and,
nevertheless, run one third more cars.The oOlclal reports
presented by the corporation itself shows that hu |
averment is entirely deatituto of foundaiiou. An cxara?
< . .... a ..ml .... n.. Ihn l..t
mill lull HI I1K.' IIJUIC.T I'lwua luk wutiui/. viu mmmw
annual exhibit It appears that tho Dumber ot cars it ?
use was 152. ami passengers conveyed over tbalioc during
the year 14,032,275. Three years ago (1873) the
company bad 154 cars (two more than last year) and tha
passengers carried 111,670,955, ?>r 500,000 loss tha*
in 1874. In 1871 tbo passengers were 11,276,900; I*
1872 tbo number was 12,504,292. The tralflc of tU
company has increased fully twenty per cent durum
the past four years, ?*
the Mtsrtt avkkl't UXK. ?- >
Tho condition of this line Is perhaps tho most re- i''J
mnrkablc of any in the city. It Is thirteen utiles Ion;,
and cost a very little lest than $1,000,000. The full \
capital stock ($800,000) Is paul id and the debt is
$250,000. In an important respect this so far looks all
right, but it seems tho company only runs twenty
cars, and of course Its business is insignificant. It Mill
not be out of place to mention tbut the route extcuds
frotu tho corner ol Broadway and Pulton street to
Greenwich street, to Ninth avenue, to Kifly-lourth
street. N'o dividends are announced, but iutercst at
the rate of six per cent is paid on Its debt. It seeing tar *
however, that tho Ninth avenue lino Is controlled l>T J
tho Kighth avenue road, though the routes arc distinct, *
and, it may bo said, divergent. The capital stock olta
the latter company is $1,000,000 and its debt $300,090l
Tho cost of construction was $1,800,000, so tnat hi
would appear, If these statements bo rellahlo, lha'S
9600,009 of tho profits have been used to pay tor noccsS
?ary outlays :o put the Kighth avenue line in oiieratlonaB
This Is rather doubtful. Interest is ol courso" paid oaH
the debt, and the dividends are quite large. The mat-J
tercuuonlybe explained by the connection bolwcciW
the two companies. A legislative committee would?
tlnd this matter an inlcrosiiug subj^i of inquiry. B
TWEED'S PRIZE BANNER. I
A few days ago tho ofllccs of William M. Tweed, oa
Duane street, wcro cleared of their cotifcuts. Among M
the relics removed was what is known as "tho prize.?
banner of 1870." This banner was gotten up to bo pre- %.
Eeuled to tho districtTwced Association that should make 1
tho finest disnlav in a urocession during the campaign S
or that year. On tho night of the competitive display Sg
tho judges assembled in front of Tammany Hall and?
the different organizations marched by. According to?
the opinions of the judges the First and Seventh diS-^B
tricta were so evenly matched that it becanio a nitUtee^B
of dispute which should get tho prize. The dispute^?
waxed warm, and to this day the question has never
been decided. The banner, which Is remarkably hand- ?
some, was made at the order aud expense of William H
M. Tweed and he determined to retain M until the wran- .^?
glo was settled. It is made ot bluo silk on I?
one side, on which is elegantly painted the^?
coat of arms of the city of New York In brilliant and
effective coloring, above ami below which are tho let- |
tors In gold, "Presented by the Tammany Hall General j
Committee to tho District Making the Finest Display,October
28, 1S7G." Ou llic reverse ^ido, which is of searlot !
silk, is a lull leugth portrait paintod in oil ol exGovornor
Hoff man, then a candidate for Govornor. The whole
Is a beautiful work ot art and is heavily (ringed with -*
gold bullion. It is 10 teel G inches by a loot 6 inched
in mzo.
This relict of tho past was on Tuesday presented to
Edward Cahlll, ol Park row, by those w'ho took it from ^
Tweed's office, and will he held by him in iuture as
memento ol the palmy days of the King. There is a
desire on the part of (ho Tammany leaders of the district
to secure this banner, but the present owner refuses
to part with it at auy price. Us original cost was
*1.500.
THE THIRD AVENUE SAVINGS BANK. . J
To thk Editor of tiik Hkkai.d:?
In your tssuo of tho lSih iust. there is a letter signed
"B. A. McDonald" in answer to a communication from f ?
mo, in which ho aesumcs 1 had made certain charges
against tho receiver of the Third Avenue Savings Bank. ^
In this he entirely misinterprets ma 1 certainly did ^
not intend, directly or indirectly, to say anything
against him personally. It is tne system and the law
governing those cases I object to,' not the cXocutfft oP
Acer of tho law, and I aver that the charges I made are
substantially true. Mr. McDonald suys ho is entirely
familiar with the affairs of the Third Aveuuc Savings
Bank. If so. lot him answer the following questions:?
Was not tho receiver appointed by the Court without
any reference or regard to the wishes of the depositors*
Is not tho banking department and directors' room
of the bank used by the receiver as by mc charged *
Has there been auy eflort made to pnnlsh or make
the defaulting directors rotund?
? -.1 ?I- ..f o,..| fl,., I I ... A
It will take about correct; it nut, what will bo tho expeusos
and how soon will the trust he closed f
If my ralculatloos are correct, and 1 beliovu tlicm to
ho true. Is it right, Just or equitable to tax tho depositors
of the Third Avenue Savings I tank $30,000 a year
lor three or lour years tor services which could be had
and equally well done for $3,000 a yoar?
What, il anything, hns been done to rccovor tlio
$00,000 doflciency In cash short*
Docs it require the expense and formality of an
olfieo, clerks, \c., to m.iko a motion In court lor an
order to sell a fnw worthless socuritics?
1 might add a great many tnoro questions pertinent
lo the issue, but let Mr. McDonald give strjlghltorward
answers to the above if he can and receive the thanks
of a DEPOSITOR.
SMUGGLED CIGARS SEIZED.
Inspector Judd, ol the Custom House, seized yesterday
at plsr No. 3 North Riser several hundred cigars
of tho choicest brands, which wore beiDg smuggled
ashore trout tho steamship City of Vera Cruit, from
Havana.
PRINT CLOTHS MARKET*
Provipsnck, It. I.. Feb. 35. 1370.
Printing clidbs held r.t 4Vsc., ill I days, for beat UtxOI, with
small Miles at alight concessions for cash.
HAVANA MARKET.
IIataxa. Feb. 2-i, 1370.
Spanish gold, 313 *312J>. Exchange quiet and neudy; ets
the I'nitect States, sixty day*, cnrreucy, 11 a l<*?dlieouiu;
short sight, do , Wt, * St, discount; sixty daya, gold, I k, a 3
premium ; short eight, do., U a dS, premium ; ou Loudon, Id
a 14>j premium. j
EUROPEAN MARKET.
Loxttox Pnoourr. Markct.?Londox, Feb. 25?Eventag.-a.
Calcutta linseed. 4Ks. ? 4H?. Od. Sperm ell. ?IKI per ton.
Linseed cake, ?10 13s. a ?11 per ton. Spirits vf turpentine,
34s. per cat. J
DOMESTIC MARKETS, " - '
... , IVh. 23. IS7H.
Cotton dull an.1 nomiual; miute....*. ; low middling,
ll^ftijtmid or lioary, Krl receipt*, l,7ri*2 tmlcs. K*portl-Ttf
OreM Britain. 1 .HI 1 ba!c?; co.im w l?e, 41.
Stock. > 101. Wookl.v n<u re^oint*. K.47.4:
gro*. ^pom-Tn^rmt Britain. 10,51.1 hul.M II
0,:?. Kic 4,?fcw 0BijrA? Feb> - 1STO
Cot ton qulot; mliMlln*. U*c.: l?w .Mk< ^ iajSS
fjre.i TfrUild.^fV^on <f s?t?i fcorr?e?lo*?. * ?**"*- 1
XrVi'-i \ o' r i^i p\, ??! ? *.
rki'rJ^u^vj^ fesr -4-Kx*o,w' *"**. I
.hoold be 3,'7\ Mo?lL.,K.b -!i,lf?.'
C?tu.n ' ".}" j.'" ? y"?'u*.' XW* wc l'p ty MO''
V> cekly .^ ""'.t JWt'ttln. M?3; to tb. Chmutl,
' fUrt.vvtn. freV. 44. 1OTB.d
_ ,, ... ,v ioW? toieU; ml.Mtln?, lJ^c.; low mi?Cotton
dull, y loturio ?r . rot bcleo;
diio*. lie.; p*"I jt-a. a?!.., Yij. stock.
^P^TTbBritrf fM'gW. *.371. liiporU?
#?.? Sou to lUe'Cvalincut, 3,110; conttwUo,
To utoki W*~%tA01*'19 .
?.??. CitAtL?Jto*. F?4. M. \
?s? nK.?e?,'s^* '>> '
5 i tiji stock 11 H?) fffiiM' oil rM?W' i?l K?.
^^arcot ?riuio. 7.H?; to iftnocc. 2.JK ?-.,K
r.H* rHIc. 3.730. oiwtuo. Fc% 2?., ."70.
c^v.r.k.v"rt^>,..q rfc-rs
r^Hsys .r.? A^WripKv&J
t ?n?.U torn?eel-BtM for bolte.l ?nd $35 for
unboMed.' *!lll*d-*S?E >">?"* ?'? ?
M); tnljdltnjt. fKO ? FIJ. .
BrrrtbO. PC'j 3*. 1870.
n?c*li>t<?Ptour 5.7rObW?. ; whom. 21?,no > bt Ae??; cam,
?iujj? - 3u V??"!'> : JVW dot rye. 3.<m
ah'lntn ?nto?Ploor. 5.50 bbl? ; wkenl. 3?.tW? Mchelt; corn.
KStido out. I1 'I" . rrc. .'.HO <1.v Kllur qiilot tad
unci. tutted. Wheat .pilot ?"J H"H: teles 311 L.t.?l? No 1
Milvrankrc Club .1 ?l 30. Core .loll end h?n?jl; mlct o( IB
SrT "" oi> trnck. at .XV, . rtVt OnM. rei I n, onlc.
H*e Wetlre U?rloy henry end unsettled; i.. k?lc?. . L
n '.. .? ? > v. - - -
? .... in c4o. a I to,
lilgtiwhiee inaciiie; noiuiimlly#l w.
OHiCioo, Ft? 25. 1ST6. 1
Flour quiet and iachu;t<L Wlltil relit? uu<i Inweq
clow.l very weak; No. 1 Cklcawn ?prliiif. #1 D a <1 iipjw
No. J do.. (I Ul\. ?pot; W.O., Murrli; Apr#
#1 02',, May: No. :t do., 7l>c.: rejected, 'I7',? * '?< < ?*
dull, a ?bad? lower; No. 2 mixed, 41,V.. n t, 41Vc. kid
February, 42J?c , April, and 40'tc. biJ, .day* rejected, uew
:?Jt-. l?*u dull and lower; No. 2. HI J,c , al k,c. MA
Mareli; ittr. * 32',c . April; rejected, 3 xs .trier <ju!l aal
lower at oks. a 35c., ?poi; Mereli, .">4e.; May >Io, live loo
and lower, *? tloc. a '? >',c. t.loeer?reJ atedy and llrin,aa
$h 15 a ?IS ?). Ttaotiiy tee J eaaler, In, not rbrtafc'y
fCONTINUED ON NINTH |*VUL1
IT /

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