The New York herald. [volume], March 25, 1876, Page 8, Image 8

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8
THE COURTS.'
The Interminable Bleccker Street Hailroad
Litigations.
.? ?
A SHARP LEGAL CONTROVERSY.
Another Chapter cf Marital
Unpleasantness.
The Testimony of Spence Pettis in the
Funcke Suit.
??
Settling the Order in the Tweed
$6,000,000 Suit.
The RIcecker Stroot Railroad wag again In court yesterday,
and Supreino Court, Chambers, seems to be its
depot. Chief Justice Davis early in the morning
grouted a stay of proceedings, by which the case was
Vut over the term in order to permit the receiver to set
up his "answer in the recent stockholders' suit. The
toup d'diit rather took the multitudinous opposing
counsel evidently by surprise, but they promptly
WWftSlL.Jb&rosoJyes. ready to meet tho cmergeucy.
old ctnployds of tho road, who apparently hoped to
gain some advantage by any move Judgo Donobuu
might make. There was u strong array of counsel, including
ex-Attorney General Chattiold, for various
stockholders; Mr. l'attorson, attorney for Georgo K.
Sisturo; Robert Ludlow Fowler, for Mr. Southworth;
Mr. Miller, of Dcvelin .V Miller, and Mr. H. II. Anderson,
lor Harlow; Messrs. Flanagan it Bright, lor
Jacob Sharp, and John M. ScrlSmcr, Jr., for Mr. ConoTcr.
The scene was an extraordinary one for a court
of justice, and excited the greatest interest.
The proceedings opened by Mr. Fowler stating that
he hail obtained an order of Judgo Davis slaying all
proceedings This order was then read by Judge
Donohuo, alter which Mr. Chatfteld rose to bis leel
and essayed to say somothing, when Judge Donohue
interrupted tilni by stating that the stay in his case
was vacated. A few moments' lime was ccuipicd In
drawing up a stipulation making the receiver a codefendant
in the case, which stipulation Mr. Cnatlicid
refused to sign, alleging that the matter was one of
very grave moment, and that be was opposed to any
precipitate action and particularly as no notice of the
appearance of several of the counsel had been served
ou him until that day and be desired to amend his
complaint. A motion was made by Mr. Hcribuer to
vacate the injunction granted by Judge Davis and proceed
with ibe argument at oucc. Mr. Miller said be
was ready to go on and most of the othor counsel said
tlicy were likewise ready. Judge Donohue said he
would vacate the stay of proceedings. Mr. Bright, on
behalf of Mr. Sharp, said that lie wished to deny every
allegation charging Ins client with conspiracy and Irand,
and, further, to charge the receiver with interposing
unwarrantable interruptions in the pending litigations
without regard to tho interest ot the creditors of tho
road. Mr. Scrthncr also mado an absolute denial of
the allegations reflecting on his clients us made bv the
receiver and asked leave to take the oral deposition of
the receiver and Mr. Fowler, his counsel, In tho matter.
Mr. Patterson asked n postponement until he could
prepare his papers, lie dwelt upon tho gravity ol the
issues and insisted that no prejudice could come to
anyooay i?y aeiay. -Mr. ecriuner read a notice served
on Mr Patterson and tlien undertook Inriher response,
when Judge I'onohuo peremptorily ordered him to
hand Ins papers over to Mr. Patterson. After some
luither remarks, all of which had reference to tho
var us suds pending and tho hearing on ttic motions
in which was sot down by Judge Donohue lor next
Wednesday, Mr. Fowler undertook to address the
Court?nil effort winch was not very successful.
' The receiver of this road,"said ,\lr. Fowler, "was
appointed to his present position by Chief Justlco
Davis, a uiau ol the highest judicial integrity. He is
in court, and is willing to submit to any examination.''
"You shall lie heard fully next Wednesday," Interrupted
Judge Doiiohuu.
"It is not fair, 1 Insist," protested Mr. Fowler,
"when the revolver, an ollicer ol the Court, is attacked
by a comb;nation and a railway clique "
"Cue moment, a^ain interrupted Judge Dopphue.
"Hear ntc make ouc solitary statement on his bohnll,
and 1 will ho extremely obliged," insisted Mr.
Fowler, with treat earnestness.
"1 won't hear any statement now. You will be
heard on Wednesday," remarked Judge Donohue, with
marked emphasis.
A lengthy auswer has been prepared by the receiver
in reepon.-o to the petition of theelOlh inet. to lease
tlic Dioecker street line. Ho alleges, among other
iii11: r, mill uuiiimiiittciy liner uo cuicrcu upon mo
discharge ot Lis duties lie was met by the most
hostile elforts on the part of John T. Couover and his
associates and confederates, and others, engaged in
conspiring to control and subvert Iho company to tbair
own mnawful ends, desires and purposes; that on endeavoring
to take possession of the property of the
company the officers who were in possession at first
refused to deliver up possession of the keys and
papers, and lie found It necessary to have recourse to
iho .Sheriff of the county of Now York to put him in
possession of such properly; that the pretence m the
petition that the proposed lease I* in order to liquidate
the debt of the Blocckcr Street Company is lalse and
specious, and that the real object of sach lease was und
is to enable Jacob-Sharp nod his party to eootrol and
subvert the lllcecker Street Company to their own use
and to that ol their associates and confederates. Me
turibcr alleges that the present Hoard of Oircctois
have not been consulted about the proposed lease, and
that a much higher price can be now obtained lor tho
property ami lease than is sought to be paid by the
Twetity'tblrd Street Company.
"You have got a pretty good fight before you," said
the Hkrai.o reporter to Mr. douibwbrih after the par
"My ouiy desire in this matter," responded Mr. Souttiwortli,
"is to save the road and franchises from unscrupulous
men and their devices. 1 stand ready at
any moment to promote any honest plan that will relieve
lh? road from its embarrassments, that will restore
to honest Investors the lull value of their Investments,
and that will he a fair, equitable mid proper adjustment
of those harassing litigations. Hut 1 wish
distinctly to assert that 1 will never consent to any adjustment
which will not procure these emta Nor will
1 in any manner or lor any reason be intimidated by
t<harp, Conover and their allies; nor will 1 hesitate
* to tncet these men at all times and under all circumstances,
as 1 am in duly bound to do, and I do not
think they will find mc making any endeavors not
sanctioned by law, public policy and the rights ol all
the parties in interest."
"Judgo Douohne does not appear to be very friendly
to your side," continued the reporter.
"1 have been told," Mr. Southward answered, "that
Sharp and Conover openly boast that they can control
Judge Dnnohuc aud influence his judicial decisions, but
1 do not for a niomonl believe that these statements
are true, or that a clear-headed jurist like Judge IHinohue
could or would listen to such preposterous statements
as they allege tlicy have made to bun. It makes
no dilterenc'e whatever action Judge Donohue may
think proper to take. I cannot bo made to believe that
it would Ic dictated by a trinity made up of Jacob
Sharp, John T. Conover, who boaiu lie can control the
courts, and Mr. John M. Scrtbncr, Jr., w ho in this case
has exhibited a malignant feeline strongly out or keeping
with his position as the attorney of the road. "
MATRIMONIAL INFELICITIES.
In Supreme Court, Chambers, yesterday, before Judge
Ponohuo, In the suit brought by Theresa Pfauncnachiac
acainst her husband Prank rfiunenwhlni Inr
divorce, on the ground of alleged adultery, a motion
waa made by the plaintiff tor alimony and connael fees.
It appear* from the wife's petition that the parties
came from Germany In 1S&9, and were married here;
that with her money a hardware store was purchased,
and that while she attended at the store upon easterner*
be went out making and repairing locks. In
the course of a lew year* they managed to sore up
considerable money, which was put in the haok in
their joint names, and alter a while throe Ore dory
double Unenicnt houses were purchased In tW* city,
the deed* to which wore ah made out in ht? name. They
lived happily togelher until some three roar* ago,
when he commenced to go out and remain away from
home for week* at a time, and was abusive to her and
very olten threatened to niII her. It is further alleged
thai he dually got into a scrape ? ith a woman, and was
sued and compelled to pay $3<?0; that he also drow
$2,300 out ol the bank and spent it without accounting
to her for any of the money; that her aged
lather Lemg sick In Rurope she doaired to
?oo him, but before going rho wanted ?ome of
the property, and lie informed her that it wa* necessary
lor her to sign a paper in order to got a deed to
one of the ho ticca; that she did Ibis and upon her
return from Kurope was surprised to find that she had
signed articles of separation be'.wetu ibetn, and that
tho I ad released her dower in all the property; that
she was also informed by the defendant that she was
no longer his wife; that the paper she had signed
had divorced them, Snd that he. tlierefore, refused to
allow her to live with h>m and turned her out of the
bouse. She then learned that he had been gujty ol
adultery, and that he was living in doe style in adulter
Sh# staled further that the house In whh-ii she was
living was old and dilapidated and wag scarcely tenant,
able, and tbat, alter paying the interest on the mortgage,
the inaartnre, taxes and repairs she could not
save even enough to live on; that Icr husband did no
work and that he was a man of means and lived
liotn the rents ol bla nronertv, and was
worth about fitf.WO. The defendant in hit answering
affidavits denies all tbo allegations of adultery and
twi that the only property be has in leasehold prop
N~EW TORI
erty, the lease of which" expires in throe years, and 1
thai it i* nut worth inure than $<>.000, while the 1
jilaiotifTs property is worth $ln,000. He farther says !
that she is a quarrelsome woman and would not cook >
his meals, that she liersel! eiKned the deed eouveyinj
it uuimii 10 ma uruiuer mm acKnowieugea ine articles 01
separation before a notary .public. The plaintiirs
counsel in reply criticised the atildavits on bcbalt of
defendant, and argued the questions of law as to tbe
legality of llio articles of separation, as tbey were
made between husband and wife and not through the
medium of u trustee or third person, and as they released
the wife s dower in the husband's hands.
Messrs. (Icorgc K. At J. C. Julius Suugbein appeared
for tbo motion, und Messrs. Kurzmuu Ac Yeainun opposed.
Judge Dcnobue took tnc papers, reserving bis
decision.
TESTIMONY OF SPEXCE PETTIS.
A feature of interest In the trial of the suit of Hermun
Kuncke against tho New York Mutual Insurance
Company, which oontinuos to drag its slow length along
before Judge Stanford, of tbo Superior Court, was tho
submission yesterday of the testimony taken by commission
of Spcnco Pettis, at present conflocd tn the
Massachusetts State Prison upon conviction of forgery.
The Interrogatories olid answers cover over a hundred
panes of closely written foolscap, but the object (or
which it was procured wag mainly defeated throiish
Judge Sanford refusing to admit a very large portion
of it. The testimony was obtained by the defendants
to siiow that in u motion for a new trial,
made some years ago. a certain letter and check wero
used, and that Sp?ncc Pettis was employed for the
purpose or manipulating the check and making It
agree w ith au albdavit used.
THE TWEED SIX MILLION DOLLAES
SUIT.
The fight between counsel In the $6,000,000 Tweed
suit has, evidently, not yet reached a peaceful tor:
nil nation. Mr. Wheeler II. Pcckhnin, counsel tor tho
people, nave notice to Messrs. tflcld and Deyo yostorday
that on the 27th Inst, application will be mado
to Judge Westbrook at hi* chambers, in the city Of
ing defendant's application that tho exceptions o*n ViTs
behalf bo heard in Iho first uiatunco beloro tho
Gcncrnl Term ; also denying defendant's application for
n stay of proceedings after entry ofjudguicui pending an
appeal, and granting to plaintiir an extra allowance of
one per cent on the amount of the verdict. This skir|
mishiug after the main battle promises to be con-,
tinucd tor an indefinite time to come.
DECISIONS.
SUPREME COURT? CHAMBERS.
By Judge Donohuc.
In the Matter of Louisa I.ingard vs. The Receiver ol
tho Third Aveuue Savings Bank.?Must be referrod.
Juillurd, A:c., vs. Whitlock, A;e.; DiefTcnbuch vs.
Hctzee; In the Matter of Atwood; Mason vs. Wiener;
j In the Matter of Horatio Henriques; In tho Matter of
Dunham; Mutual Life Insurance Company vs. Whjelpj
ley; Cbamplaln vs. Fox.?Granted.
| The President of tho Delaware and Hudson Canal
, Company vs. Wortendyko.?Motion denied. Opinion.
I Union Manufacturing Company vs. Hyingtou; In
the Mailer of John P. Crosby, Kc. ; Fcohan vs.
, Green; Bailey vs. Howland; McLean vs. Heuld; Bruckbaver
vs. Kihan?Motions granted.
Lowcustein vs. MuKekron.?Motion denied. The
lacls set out by plaintiff are denied expressly, and the
j injunction, for that reason, must be denied.
J a. in I) vs. Shelley.?Motion denied. Memorandum.
I Sturgis vs. Drew.?Allowance of $760 granted.
Dillebcr vs. Tho Home. Life Insurance Company; j
j lioft vs. Geutz.?Motions denied.
Voider vs. Gilman.?Denied. It eeeins to mo this
! case is fairly and properly presented and it is not one
, where tlie Court will compel tho security asked for.
Corbett vs, Trowbridge; Iteutcr vs. Router.?Orders
: granted.
Dillingham vs. Moore.?Motion granted unless aeI
fcinlant pay $10 and put cause on trial calendar.
| Embil vs. Bamrles. ? Tho Sheriff Is entitled to
I poundage on the Attachment.
ua M.rL'o ll?, ?? ... U,Dn,nn,l ?1 ?l U., I
| -tions granted. Memorandums.
| Taylor vs. Mabic; Livingston vs. White.?Granted.
| Memorandums
i Moore vs. TallcoU.?1 wish to see counsel.
In ihe matter oi Scvnlon.?1 wish to see parties.
Manning vs. Davis.?Amended case settled and
adopted.
By Judge Lawrence.
Matter of Duuiol W. Field, Ac. ?Since my last
memorandum parties having consented to iho appointment
ot Mr. James, upon tiling that consout aud upon
presentation of an order reciting that such consent .
lias been tiled, I will appoint him us the committee, j
1 Bond should bo iu double the vuiue of the personal
estato and of the yearly value of tbo real estate.
SUPREME COUBT?SPECIAL TERM.
By Judge Van Vorst.
Dingan, Ac., vs. McCormick et al.?Findings signed.
SUPERIOR COUBT?SPECIAL TERM.
By Judge Curtis.
Schwartz, Ac., vs.#0'Lc>uuer ct al.?Order confiriiw
nig referee's report.
l^ivy ct at. vs. Burgess; The Atlanltc and Pacific
Telegraph Company vs. Baraca cl al.?Orders on reiniUUnra.
'
The New Boston Coal and Mining Company vs.
Parker ct al.?Motion for extra allowance Jrunted.
Claflin e' al. vs. Meyer; Bike ci al. vs. Snyder ct al.; .
Belts vs. New York Central and Jludsou Hirer Hailroad
Company; Bong, Ac., vs. Dickinson.?Orders
granted.
By Judge Van Vorst.
Van Burcu vs. Coil ?Motion granted.
MARINE COURT?KitAMl'-ERS.
By Judge McAdani.
Blake vs. Frost.?The committment fails to show
jurisdiction. {
Meeks vs. McDonough.? Judgment for defendant on
; demurrer. This Court has no jurisdiction.
Hay man vs. Lesser.?The stay will be reinatated and
sureties allowed to justily on payment of $15 costs
within three days.
Aubel vs. Weinomau.?Substitution ordered
Collins vs. Anthony.?Case settled.
I'abat vs. Corblt.? Motion to overrule demurrer
I granted.
Hupfel v? Kelly.?Motion grantod, unless tcrtns aro
! compiled with.
Hollander vs. Weidnor.?Defendant will bo discharged
on making an assignment ol his properly to Henry
Wcblc iu trust lor the benefit of the plaintiffs altor- j
noy, Ac.
Staunard va. Petri.?Motion denied.
Miller vs. Cnliiil. ? Mr. C. L. Giles appointed receiver.
Center vs. fulfill; Snyder vs. Volkoning; Mack vs. j
Walker; Frank vs. Blndingcr.?Moliou to advance
causes granted.
SUMMARY OF LAW CASES.
Application was made yesterday by John D. Town:
acud to the Supreme Court, General Term, to disbar
Daniel J. Noyce. The Court took the papers.
Judge Lawicnco yesterday appointed, upon consent
of counsel, Mr. James committee of estate of
Daniel W. Field, recently adjudged a lunatic.
Before Judge Speir, in the Superior Court, William Kggcrt
obtained a verdict yesterday against James Fettrich
for $5% 35, on account of payment of lax on defendant's
pioperty bought at a tax sale.
In the suit of James 8. Blydcnburg against the city, j
which has been in progress for several days before
Judgo Van Vorst, holding Supreme Court, Circuit, tho ,
facts of which have been published, a verdict was rcn- j
Application was made ycster ay to Judge Ponohue I
for an order to show rau?c why Mr. Hurd, Receiver of
the Third Avcnuo Havings Hank, should not pay to
Mr/. I.ouisa l.ingard $164, which she urposited in the
bank as collateral lor a check. A reference was ordered
In the care.
1 A peremptory mandamus woe granted yesterday by
Judge Donohue, on application of Anthony free Ian,
directing the Hoard of Kcvieton and Correction of Aeacssiiien
s to approve the award of the assessors of '
I'J.TllO lor damages to bis properly from the gradine of
a street In Manbattanvillc.
Jobann Pi ever, s seaman on the brig Ilansa. was bold
for examination yesterday by I'lilted States Commissioner
Shields, on applioaliuu of the Acting Consul
General of the German Hanplre, limyer having toeu
charged with ms'inon* conduct.
The motions for the aopolotm nt of a receiver of
the late Judge MoCunn's .vtate, in two action* against
the encutna by James kj. Uano, one of lb* executors,
and Mrs Kliiubelh Patterson, wbo claims to be* one of
tho heirs at law, waa owminarily diapoord of yoeterdsv.
Judge Ponohti* eaid be would appoint one receiver in
both suits.
In Supreme Court, General Term, yeelcrday was
(gucd the case on appeal el Isaac Hindricks, who
seokx by peremptory mandamus to be reinstated as
socrctsry of tho Hebrew Haaed ra Krnat Society. By
resluniug bis seat iu the synagogue iharnh Israel it Is
claimed be vacated bis office. The Court look the
P*l"r?
a motion was argued at considerable length setter- I
day tieloro Judge Dorviha* In Muprrtne Court, Chamber*,
In tjve Stftl o! lUldw.p vs. Ibe Southern and Atlantic
Telegraph ( ompflijr. io set nalde an award made ,
by ex Judge l<eotar?l. Tit* point raised waa that the
' amount of the award luxd been changed alter the arbitrator
bad maon hit report. It waa claimed in oppo
aition th it ho bad jnrladlcllon up to .the dolivery of
the report.
I dliirllAK ihrt Willum ?f rorl I'iibIaih Hnnoo
broker accused of detraining tbo government by procuring
g. ols lo be p*a-ed through the Cuiteiu Hoiuc
at a great undervaluation, * as yesterday admitted to
bail tn |'.,COO.
It. an ncllou brought to trial yotterdny in the Marina
Court, before Judge Goopp, by Mary Ann O'Hrico, executrix
of Richard Hill, ngaiuHl I.awrencc Madden, to
recover Hie possosston of a derrick anil pile driving
hammer, the defendant claimed possession of the
isame, alleging he had a lieu thereon for storago by
virtue ol ail agrat inert ajbigcd lo haro been made
w^iti tbo deceased uehiAliret'rar. tbe jury rcturood
a verdict tn lav of or the !? "' ?<? (?r Ore recovery of
the property, assessing its value at 1-135. Judge Kisn
[ ngttn anil iJouglas A. I.orten, Jr., appeared for llio
plaintilla, Messrs. Sacltt tt * Ijutg lor tfie defendant
On application of Mr Wiliium K. Hone the suit
1 brought by Gcorgo E. Sheeis against folly f'ohcarpo
Tenejos Tor alleged rrtai con w a-yesterday dismissed
, by judge Donohtie. Tbo suit was lor tlO.OW) damages,
and the plaiultflT some lime ?tnr* obtained a divorce
| from Ins wife upon the charge forming the basis ol this
action.
Some liino waa ocenpted yesfcrdsy !n s'npreme
Court, General Term, In aryuina ilia cn?e on appeal gt
t Win. II Hooth ct it)., infants, by guardian, vs-Wra. If.
I Kitchen, execulor. The suit grew out of a oispute in
[ regard to Urn second codicil lo U>? will el U?c late Vila
L HERALD, SATURDAY, I
Dyrr, which it it. claimed wm written through undue
influence, the testator then being eighty-eight year*
old. The Court look the papers.
Tim ami tJ this mtv aoaiiitL William M Ttrnrd and Ed
ward Marrennor, which i* brought to recover $560,000,
claimed to have been taken Trots the city treasury by |
the defendants on vouchers fraudulently approved and
certified, and also the suit against George if. Miller lor
$ MM,000, were argued in the Supreme Court, General
Terra. The cases came up on appeal from un order of
Judge Lawrence requiring plaintiff to furnish a bill of
particulars. The papers wore submitted to tho Court,
and decision was reserved.
COURT OF GENERAL SESSIONS.
Before Recorder llackett.
IMTOBTANT DECISION IN CRIMINAL LAW.
At the November Term of the Court of General Sessions
Recorder Hack^lt sentenced to five years' irn!
prisonmcut In State Prison a tnan named James
; Kelly, who was convicted of having oblainod $60 from
a negro sailor from Plorida by lending the unsuspcct;
ing colored man, as security, five pieces of brass, made
: In Imitation of twenty-dollar gold pieces. William K.
; Kintzing, counsel tor tho accusod, moved to quash the
tudictracnl on the grouud that tho prisoner could not,
on the evidence, be convtctod of grand larceny, which
was tho offence charged. He claimed that the offence
was obtaining money by false pretences. The Re:
corder, however, decided thnt tho ofl'unce was properly
designated In the Indictment and sentenced the prisoner.
Counsel for the latter took tho case before
tho January Term of the Supremo Court, and
that tribunal ordered a new trial. The opinion
was written by Judge Daniels, and the
lollowing extract from It covers tho main point?one
inai nas uoeu inucii muoieu:? nucu mo ] uffrtMuu
of properly Is procurod by urtllice or trick with a felonious
design, while the title ol the owner remains
unchanged, a case of larceny will be made out. Hut if
the owner is deceived into tlic surrender of the title as
well us the possession of the property by means of
fraudulent representations, then the offence will not
| be ono of larceny but of false pretences." The pns,
oner was arraigned belore Recorder Hackett yesterday,
j Ulid.plhp complainant having left tho city, was d|s.
amount he obtained from his victim was biif'f Jd, an'3
! that the darky, with the vanity of his race, wished to
make himself appear richer by Incroasiug the amount.
A OEITTT GIRL.
Mary Logan, a servant employed by Julius Lorimce,
who keeps a boarding house at No. 2117 Kast Twelfth
street, went ou the afternoon of February 23 into a
room on tho fourth tloor in the performance of her
duties and found there a man with a black mask covering
the upper half of his face dragging a bundle of
clothing across the hall toward another room from
which a scuttle led to tho root Thinking the man was
n Mr. 1'iard, who occupied the room, and who was In
the habit of attending masked balls, tho girl spoke to
him. After a minute or two the fellow, who continued
to drag the bundle, roplicd, and the girl discovered
that he was a stranger. .She called out to him to let
go the property and grasped him by the arm. when ;
the burglar?for such he was?threatened to kill her
II she did not release him. The girl called out to alarm ,
the persons in the house and attempted to make !
her way down stairs, but was followed by tho stranger
and dragged back by tho hair to tho landing where he
said if she called out again ho would shoot tier. Nothing
daunted, the plucky girl declared that she would
protect the property Jolt In her charge, even il she were
to be shot In doing so. The burglar, who had by this
time procurod a razor, attempted to cut her throat, but
succeeded only In indicting a slight wound upon hor '
wrist. She then made her way down stairs and alarmed
tho inmates of the house. Upon returning to the scene |
of the struggle In their company the scuttlo was tound
open and the thief had flown, leaving his booty behind.
Tho aflalr was reported to the police, and Special Officers
liobiuson and Sullivan, of the Seventeenth precinct,
subsequently arrested, from the description of
tho burglar given by Mary I.ogau, a youth named
Thomas Gallagher, of No. 436 Kast Twelfth
street, upon suspicion. Ho was taken before
the girl ana sho declared him to be the man, |
as siio recognized him by his chin and height. ;
She said, however, that when tlie burglary was committed
he woro a brown coat with white spots. The
prisoner was confined in the Tombs and the officers
searched his Tooin, where a coal answering to that described
by tho girl was found. The"youth was held
upon this evidence, and, being indicted by the Grand :
Jury, was arraigned for trial before Recorder Uackett :
yesterday, Ass'stant District Attorney" Russell prosecuting.
The girl sw^ro. to the circumstances of her
struggle with the burglar, and declared that, although
he woro a mask, she, by voice and general apncnriincn
Irinnttllml il.o r?-tcnn.ir rminullnr
.Mitchell, on behalf of the accused, cnllcd a number of
witnesses who -wore that Gallagher waft in his mother's
house during the whole of the afternoon 6f the burglary,
and others to swear that bo had never worn the
coat which was found'in his room, that It was tho
property of his father.
The jury acquitted the prisoner after a brief dolibera- !
tion.
MRS. FOLD'S DRESSES.
Margaret Murphy, a servant girl, was charged by
Mrs. Ssrtrti Ford, of No. tS Wavericy place, with having
stolon a quantity of clothing and jewelry. It appeared
that two trunks which had been filled with
clothing were found broken open and the contents re- I
moved alter Margaret left the service of the complainant.
Detectives went to the house ol Mrs. Gage, in !
Forty-fourth street, a friend of Mrs. Ford, whose employment
Margaret had then entered, and In her possession
were found iwo drosses which had been, as alleged,
contained In tbc trunk. Margaret explained licr
possession of the dresses by stating that Mrs. Ford
was In debt to liar for services and that she had given
her the dresses in part payment while still in her employment.
The girl told such a straightforward story
that the jury acquitted her at once.
PETTY PLEAS.
The Recorder sent to State Prison for two years and
a half Joseph Lyder, who broke into tne liquor store of
William Dike, No. 170 West street, on the night ol February
10, and to the Penitentiary for one year James
Conroy, of No. 240 Kast 114th street, who broke luto
the apartments of Thomas O'Kcill, No. 625 West
Twenty seventh street, and cut him in the hack with a
razor.
Henry and Alexander Styles, brothers, and William,
alias Alexander Anderson, all colorod waiters, pleaded
guilty to petit larceny In having stolen bcdclothing
from the New Jersey Steamship Company, and were
sent to the Peuitcnliary tor six mouths each.
FIFTY-SEVENTH STREET COURT.
Before Judge Murray.
A JBlbiliaAA.l in X ' x. IM.t..
Jacob Colin, who has been a hanger-on around tbls j
court and the Civil court down stairs, and who Is
member of tho Twelfth regiment, N.G.S.N.Y., was >
arraigned on a charge of larceny. A reception was
gtven on Thursday night by members ol the regiment, '
which was attended by Cohn and a friend named Alexander
Clinch, of No. 147 Kost Ninetieth street During
the night Cohn stole Clinch's overcoat and sold it to a
liackman named I'nilhin, ou whom it was subsequently
found. Cohn, in extenuation, said to the Court that he
was drunk when he did it. He was held for trial iu i
dolauli ol bail.
POLICE COUIIT NOTES.
On the 1st of January It. W. Smith, of No. 409 West'
Forty-fourth street, lost a watch valued at f 140 in tho
billiard room of the Summit House, corner of Canal i
street and the Bowery. It was stolen by Joseph I*ovy, |
now in prison, who gave It to William Rose, of No. 18 I
Bond street, to dts|?o-e of. Ho sold it to John H Nick- |
I n, of No. i Catharine street, for $12. Nicklin was
yesterday taken before Justice Dully, at the Tombs '
Police Court, and held to answer for receiving stolen
foods with guilty knowledge.
COURT CALENDARS?THIS DAY.
L'mitkd Status District Coirt?Ucld by Judge
RlatcMnrd. ?in Hankreptcy?Involuntary fitcs?Vwfe !
6802 4319, 4320, 4343, 6344. 4345, 5354, 63*1, 5367. 4371,
6376, 5394, 6399, 6390, 5403, 44t>4, 5424, 6429, 6443, 5450, 1
6441. U42. 5453. 5466. 5446. Argument rnlcmlur?Kn? i
43Ih! ^fl02 Motion calendar? No* 16o. 174, 220, 361,
252 265, 261, *14, 265, 283, 2*6, 267, 288, 211(1, 205, 304,
305. 300, 310. 811, 314, 315, 316, 317, 318, 310, 331, 322
323, 334, 825, 326, 327.
stprkmk ContT?Spbcul Tkiui?lipid by Judge Lar
remore.? Caee ou. No. 106, O'Neil vs. Tracy, Ac.
THE M'DONALD MIXED CLAIMS CASE. !
About a month ago the Stale Agent of Arkansas j
on# Colonel Herbert 11. Tltns, came on to Brooklm
with a warrant for the arrost of Augustus McDonald, |
8'gnod by tho Governor of the Slate named. The extradition
of Me. McDonald was demanded op the alio
gallon or Hibernation of perjury. It was alleged that
MoDonald had obtained through latsc witnesses tho
settlement of a claim for cotton dcetroyrd; that the
Mlasd Commission had adjudicated In his favor upon
the testimony o( aloul 200 witnesses, and that he bad
been paid ths rum of $103,000 by jbc government.
McDonald was arrested. lie employed as counsel
Colonel K. M Wood aud ex Judge Lay, of Washington,
and laat neck ho was. on the ir motion, taken be
I ...Itfii Cllhnrl i? Ik.. S.
l uunty, ou a writ ol babes* corpus.
A dcuil.id ?utem?ut of the rase wst made to the
Oourt, nnd the result was t list the defendant was re
leased from enstody. Hut Colonel Titus was not to bo
foiled " readtly. No sooner was the < otiou claimant
rtlMsod than a Deputy Marshal took htm Into custody
00 * warrant jrr.iatcd by I'm ted Mates CnguaigMdbf
Wiuslow charging him with perjury. The an.
was that the crlmo of perjury was committed
before United Mates 'commissioner
Ilium, of Cinnnnalt, Ohio, on July 31,* lb"8
When McDonald's conned loond ihat their client
hail been again arrested an application, based upon au
affidavit of McDonald, was made ib New York lor the
arrest ol Titus, on charge Of conspiracy and blackmail.
A warrant for his arrest was granted by J'tdgo I
1 jtwrence. of the Supreme Court, and the Colonel was
arrested and required to lurntsh ball to the sum of
feltonsld In b*s afMffVlt alleged that Titus
secured f ?>,000 worth ol lalse claims against him sud :
i then offered to settlo the matter lor $30 OOOl
I VsatsrJss the CMC of perjury against McDonald
iIAROH 25, 1876.?WITH SI
came up on as adjourned examination before Comtninsloner
Wlualow. Colonel Tllua testified that
lie first met nnd became acquainted with
McDonald In Morojibm, Tenn.: either in tbo month
of October or November, 1*06. Witness said at that
tun* tin urau n ?nftrial napiit fnr the Trenaarv Deoart- !
men I and had been sent to Mcidrfibis for the purpose of
investigating the defalcation of the United States Surveyor
of the port of Momphts, depositary and agent
lor the Treasury Department. The defitlcutlon in question
was count-clod with the revenue frauds :n cotton
transactions of the bouse of I'arkman, Brocks A Co.;
witness was introduced to McDonald by an attorney of
Memphis named llcplcu, who informed bim that !
McDonald, who was a client of the attorney, could glvo
btm tome important Information connected with the j
revenue fraud case, be gave an account wbicb led to
au important seizure. McDonald wag subsequently
j made a witness lor the government; but in order to
, muko him a witness for the prosecution of the |
suit Colonel Titus testified tbat be bad to have :
two Indictments {tending against bint quashed. |
He bad been indicted (or defrauding the j
revenue in tobacco transactions. After the trial of i
that case witness had no recollection of meeting bun
| till be met him in the city of Wasblugton in April, j
1871, when ho spoke of his Ave voars' memorial before j
the Mixed Coinmwslon on British-American claims. !
In 1873 the witness look testimony in several cases of ;
claims against tbo government in the slates of Arkan- j
sos, Mississippi and Louisiana, tbat of McDonald being \
among the number. He met McDonald ut Bastrop, ,
j lot.. and subsequently ut Newport, K. 1., where tbo j
1 Mixed Commission was sitting After the award of j
the commission in 1874 be wrote to McDonald asking
il he wished to negotiate the award, mentioning that
some others who had obtained awards were |
about to negotiate them. There was no answer to tba ,
letter; be subsequently mot McDonald at Washington
alter the latter had received a portion of the amount
iiwnrilfil tn him the witness had reeoivod a claim I
against McDonald from Mr. Hale, of Memphis, for logal [
services, wlili a request to collect, nud he spoke to \
I McDonald about it, who said that tlie bill bad been |
; wiped out by bankruptcy. The witness testified as to
; several interviews he had with the defendant. 11c said
that when be showed McDonald bis authority for his
i extradition to Arkansas that gentleman said, "1 have
1 done nothing 1 am ashamed of. and if 1 had I would
i face It;" It had been intimated by couusel for McDon- ;
| aid to witness that he was acting in the interest of
: Mm, butsu'en'w" vv"?hiogton, who had suits against ^
At tUts point of tife* "cxiiriiTriation the case was ad- I
jourued ttll two o'clock this afternoon.
NO GROUND FOB DIVORCE.
In the Supreme Court at Kingston, l ifter county, a
decision has just been rendered in the case of l.ouls
j Moyers against Theresa Meyers. The plaintiff Is a merchant
of the city of Kingston and the defendant a
| resident of this city. The parties woro married in
18t>a, and some throe months afterward tlio plaintiff
sued for a divorce a vinculo on the ground of fraud, I
thoffraud, it was alleged, consisting in the fact that the
[ defendant at the time of the marriage was afflicted
witli a disease known as leucorrhoo. The referee j
to whom the case was referred decided in favor of the i
plaintiff. A motion was argued at a special term of tho
Supreme Court, before Justice I-amiou, to confirm the
report of the referee, Mr. C. W. Westbrook appearing '
Tor tho plaintiff, Messrs. Fowler, of Kingston, aud D. j
A. Levtcn, Jr.. of this city, lor the defendant. Judgo I
London finds in favor of ibe defendant, holding that
thcdiseaso, which, if it existed at all, was ono which I
was common to ail women, both married and single, j
and was not incurable or of sucii a nature as to entitle
the Court to consider It an impediment to marriage.
COURT OF APPEALS.
Albany, March 24. 1878.
No. 40. Massolh vf. the Delaware, Ac., Canal Company.?Argument
rosumcd and concluded. ,
No 86. Nancy Cardeil, administratrix, Ac., rcsponuctit,
vs. The New York Central and Hudson River
Railroad Company, appellant.?Argued by S. Hand, ol |
counsel for appellaute, and by~J. H. Clute, for respon- j
dent.
No. 49. The People ex rel. The Puclflc Mail Steamship ;
Company, appellants, vs. The Commissioners ol Taxes, !
Ac., of New York, respondents.?Argued by Coles i
Norris, for appellants, and by James C. Carter for ;
respondents.
No. 23. Annie De Witt Mitchell, administratrix, Ac.,
appellant, vs. l'ho New York Central and Hudson River
Railroad Company, respondent.?Argued by A. J.
Parker, for appclluut, and by Esek Cowen, for respon- I
dent. Cascstill on. Adjourned.
CALENDAR POK MONDAY, NAIII'll 27.
Noa. 68, 71, 72, 73, 74. 75, 70 and 77.
UNITED STATES SUPREME COURT.
Washington, March 24, 1876.
Tbe following cases were argued In the United Slates
Supreme Court yesterday:?
Miller et al. vs. Dale et aL?Error to ibe Supreme
Court of California?This was an action in ejectment
to recover a tract of about 5,000 acres of laml In Call- j
foruia, l'art of tlio Ranclio LSs Animas. Doth parties
claim under Spauish grants, tlio defendants in error i
being in possession in pursuance of a patent from tlio
United States. Tlio conflicting titles arise under two
interfering surveys. The full derivation of title Tn
each case is set out and supplemented by documentary
evidence The question is whether that of the d ain
tiff in flri-or, which Is under a later grant, ahtterenn(irmutior.
und a subsequent survey shall now be given
priority In eifSct.
8. O. Houghton and John Reynolds, for plalntlffti in
error; J. S. lilack and David Dudley Kleld for defendant
(
No. 181. Steamship City of Washington vs. Baillie,
et al. ?If"ni the Circuit Court for the Eastern
District of New Vork.?This was a case of collision be;
tween the nppellaut stonraer und tlio pilot boat John
I). Jones, a schooner, in the opon sea, about 270 miles
ofT San ay Hook, on the night of March 28, 1871
Tho occasion of the near approach of tho vessels
was (he putting of a pilot on board t ho steamer, and In
the accomplishment of the undertaking there was such
a collision of them as to sink the schooner. The question
ut issue is whether under the circumstances, ibo
schooner was entitled to the rights and privileges of a
sailing vessel pursuing a regular voyage, or whether,
being a pilot boat, having her movements within her
control, she was bound so to approach the steamer and
deliver the pilot us not to embarrass the steamer in
ner yoyagc, or risk a collision. 1 ne uourt Deiow ruled ,
that the steamer was bound to observe the usual rule
ot navigation In the case ol a sailing vessel, and the
decree sustained the libel. it is here contended that j
this ruling was error.
Flatt Gerard, for appellants; 11. J. Scudder, f<jr j
appellees.
TIIE TRIED AVENUE SAVINGS BANK, j
The attnost interminable examination of Thompson
W. Decker, Iho ex-President ol the Third Avenue Savings
Rank, was concluded yesterday before Justice 1
Duffy. Mr. McDonald, the expert accountant, who |
made Jha examination of the books of the bank, testified
llmt he di>covered no false or fraudulent entries in j
lliem during Mr. Decker's administration, and would j
not have made the affidavit unon which Mr Decker
was arretted hail he hail an earlier access to the books
0( the hank. Counsel lor Mr. Pecker made a motion
Tor b's discharge. The .lodge said he would communicate
his decision to counsel at an early day.
ACCIDENTAL SHOOTING.
Yesterday morning Coroner KickhoflT took the ante
mortem statement ofllezekiah Stephonfon, aged nine* I
teen, ot No. 189 South street. He had ooen wounded !
in the left hip by the accidental discharge of a pistol I
in the hands of Thomas Connors, and had been rc- ;
moved to the Chambers Street Hospital. He stated 1
that he did not believe the shooting was lutcntionai.
SUICIDE WHILE INSANE.
August Moral, aged lifly-Ovc, was found dead in bed i
by his wife early yesterday morning, at thctr rest- I
ilen re, No. 412 West Forty-sixth street. He had cut j
his left arm with a razor, just above the bend of the j
elbow, and had hied to death during the night. The
bed was covered with blood. The razor was found
lymg tin a chair beside the bed He had been sick for
gomelime past ana was In low spirits. Coroner Woltmtua
fold the inquest ami the Jury brought In n verdict
' of ac.llli from suicide whtlo temporarily insane. Deceived
leaves a wile, son and daughter.
FOUND DROWNED.
An unknown tnan, about thirty-five years of age, was
loontt drowned off pier No. 50 F.nst Kivcr, yesterday
moral*!; He hnd black hair sod mustache and wore :
a l?lac| Jacket The body was removed to tba Morgue, j
THE CASE OF JEREMIAH SULLIVAN. |
In the case of Jeremiah ffulhvan. who died at Bollevhr
Hospital last Wcdnes 'ay uight, front the effects of j
blows. Irom the butt end ol a pistol at the bands of j
Alovftfcder Mct'urnin, the t'oronor committed the pvis- ,
oner t? await the result of the Inquest nest Tuesday.
FUNDING ERIE COUPONS.
The special committee, consisting of Messrs. Mor- j
gitn, Sloan and Dickson, to whom was referred wild
power the plan ol funding Krle coupons, have agreed
wi^h Uie foreign bondholders' committee to rocommcudtbefundiugofllr.il
consolidated bond coupons
for flag years, paying in cash nliernnte coupons, and
the second consolidated bond coupons for tire years
withoet nnv ensb payments. Tne foreign committee
return to Knginnd by to-day's steamer. Hoth com- I
nultcs reports in posses-don of President Jewell are !
unanimous. There arc some details in the statement
which'the officials do not now make public,
* THE SHAD FISHERIES.
The gangs of shad fisherman of Messrs. Mimonson k
Co., Stillwell k Co., Burger end Wsren, of Statcn
Island, made a commencement yesterday for spring
fishing by getting their poles, netting and boats in
readiness' These firm* claim that their stocks or
materials are worth at least f'J,000 each and that they
may as well risk them in the water as to let thorn remain
idle, ana they will run their chances of having
them pulled up by tlio Harbor Commissioner*. They
propose to put their poles in placeg where they will
| pr?\e n? obstruction to the harbor, 1
JPPLEMENT.
A BGIinjjsx; WAREHOUSE ROBBED.
A few days ago druggists ol Brooklyn and other* received
a printed circular cautioning them against the
purchase of Turkish opium, which was boing sold in
small quantites. It was stated that tho opium had
been stolen Ironi a bonded warehouse, In Bridge street,
and that people purchasing the article wcro liable to
urrcsi. too warehouse la mat 01 t. u. <ujibuu ?. v-v.. i
who employed a detective, but tbc rules of the Custom !
House excluded that officer from entering the ware- [
bouse at night. On the outside of the building the doteclive
kept close vigil. Nothing was seen to attract ;
bis attention, however, but still the opium was missed ]
In the morning. Finally It was deemed advisable to
keep a watch on the root, which did not throw any |
more light ou the mysterious robbery. Last Thursday
evening a clue was obtained. Mr. Clark, the manager
of tbo Brooklyn Homaiopulhlo Pharmacy, corner of
Court and Livingston streets, opposite Police Headquarters,
was called upon by two men who ottered to
soil him Turkish opium for (b per pound, the article
being worth 116 per pound at market price, lie \
suspected the honesty of the two venders of the drug,
ami told them to call on Friday, as lie was very busy
tod could not attend to them. Mr. Clark, as soou as
he men left the store, .reported the circumstance to '
Superintendent Campbell, and an officer wus detailed to
watch the pharmacy. Tho men called again at three
o'clock yesterday afternoon and placed their puckago
on the counter. The officer then entered and arrested '
them, and they were taken to Headquarters. They
said they were acting as agents for a man who
resided in tho eastern section of Brooklyn,
who was to give them one-half tbo receipts lor the
sales made aud tbuy were to take what they could get
lor it. The prisoners, who denied all knowledge ol
the opium being sold, gave their numee as John Gordon,
of No. 51 Sackett street, and Amhroso Sweeney, of No.
544 Hicks street. A member of the warehooso firm was
sent for und recognised the opium as part of the property
stolen from thein. An ofllcer was sent in search
of the man in whose employ the prisoners claimed to
he. They found him and took him before Ihe Supcrin
tendetiu His name is John Eagan, and lives at No. 119
Van Rrunt street, lied Hook Point. He admits giving
tbo opium to Sweeney and Gordon to sell^ but denies
f'nTifttiny place, o n' 1 nsi" WctfnetUuy niglit. That Is all
he knows about it. The prisoners were locked up to
await examination.
e
ARREST OF A POST OFFICE ROBBER.
Yesterday forenoon William Sprout, a carpenter,
twenty-four years of age. was arraigned before Police
Justice Walsh, Brooklyn, on a charge of having broken
into tbe Post Office at l.ambcrtville, N. J., on tbo night
of Uay 5, 1875, and stealing therefrom $390. It Is al
premises on which the Post Office was, fled the place
immediately after, the perpetration of the crime, and
that he has since been travelling all over tlio country
to elude the officers who were In quest of hnn. About
a month ago be came to Brooklyn and took up his
abode at No. W Fourth street, where he was arrested
by 8crcoant Kellet, of the Thirty-secont precinct, on
Thursday night. Deputy Marshal A ugoll, of New Jersey,
appeared to take the prisoner back to the place
where the crime wus committed, and as the Brooklyn
magistrate had no Jurisdiction In ihe case he dismissed
it. The marshal's officer then took Sprout to huinbcrtville,
N. J. _
THE POLICE.
The Board of Police met yesterday, General Smith
presiding.
Tbo report ol tho committee of the Board of Health,
in relation to the resolution calling upou that body to
vacate its present quarters In tho Central Office Building
was placed on flic.
An application was received from tho authorities ol
the (own of Wcslcliestcr, asking that a squad of five
policemen be sent to that town on Tuesday next to preserve
the pcaroat tho election of town officers.
Die application was referred to the counsul to the
Board for opinion as to whether tho Board could
legally send members of the force out of (lie county lor
such purposes.
Tho following patrolmen were promoted to bo
roundsmenW. H. Mead, Twenty-seventh precinct;
J. II. Pratt, Thirty-fourth prcclnct, and W. S. Deed,
Fourth precinct
Roundsman Warlow, of tho detective squad, was
transferred to tho command of ihe .Second District
Court squad. Patrolman James Mealy, of the Kigbth i
precinct, who has long been doing duty as a Central
Office detective, was promoted to be roundsman and
assigned to command the Central Office detectives.
The following officers were dismissed:?Patrolmen
jnnjiT, r.icvciim , nonin-n., i niriy-nrstj J?ec, miriy- 1
third; J.swler, Eighth; Fox, Hixioeiub.
Patrolman Sotncrs, ol the Eighth precinct, was retired
at his own request, on account of physical dlsa- ;
bility. His pension was flxed at the nominal sum of $1
per year.
HOT THAT KIND UK THIEVES. *
No little excitement was caused at Police Headquarters
yesterday by the rumor that the* Dry Doek
Savings Bank had been robbed of a largo amount of
money. The rumor on Investigation proved to be unfounded
It appears to have originated in Ihc brain of
an excitable ^citizen who saw sneak thieves leaving a
house adiomine the bans carry inn with them soma
spoils. He Jumped at i.te conclusion that they had
robbed the bank, and at once ran to the Seventeenth
precinct station house with the Information. Sergeant
Ontes promptly sent his men on the case, who toon
learned that the thieves had stolen a few articles of
clothing from the house mentioned.
THE KOONTZ ROBBERY.
At the Harlem Police Court yesterday William Cooper,
James Bolger and John Ulrlch, who were nrrested on
suspicion of being the robbers of Koonts's Jewelry
store in Harlem, were again brought up before Judge
Smith. The police having failed to connect them with
the robbery named, or with any other crime, they were
sent to the Workhouse lor six months A very suspicions
fact against thein, however, was tho discovery of
a handkerchief in the posse-slon of one of them which
be failed to account for satisfactorily, and which was
the property of a gentleman residing in Harlem, but
who did not know that lie had lost it. On another of
the prisoners was found a letter which had been received
by a Harlem doctor a few days ago and answered,
but he was also ignorant of its having left his desk, on
which he had placed it.
? AN INHUMAN FATHER.
Yesterday, at tho Kifty-scventh Street Police Court,
an agent of the New York Society lor tho Prevention
of Cruelty to Children appeared with a boy, named
James Thayer, as complainant against his father for
crnclly beating him with a club over tho head. Tho
hoy's appcnrauco clearly showed the nbuse, his faco
being covered with biood and bis head badly cut in
several places. The eviilonce submitted was to the effect
that a neighbor was passing where the hoy resides
on lost Thursday night, when he heard screams
In the rear of the house. Running into the yard ho
found the father in An outhouse beating the child on
the head and body with a large club. Other parties in
the neighborhood say that this Is a common occurrence.
What makes the case more flagrant Is that the
Imv in an lmhonltv and. tharAfnre not rpsnnnaihln fnr
hiti act*. Judge Murray committed the rather in $500
bail to answer.
A DISHONEST BOARDER.
Elizabeth Weir, a woman of middle ago, went to
lioard at Mrs. Aun Kecnoy's boarding house, No. 234
East Thirty-sixth street, about two weeks ago She
was arrested yesterday on suspicion 01 Mealing about
$70 worth of Mr?. K coney's wearing apparel, and her
arrest led to the fludlng In a pawn office of part of tho
stolen property. She was held lor trial.
DEATH RATHER THAN DISGRACE.
llosannn Halm, a beautiful girl of sixteen, was found
dead yesterday morning in her chamber, at No. 141
Springfield avenue, Newark, N. J., banging to a bedpost
His said she had been engaged to be married to
one Michael Skein, who, on Thursday night, told her
that In con.setpicuce of the hard times he must go West
to earn a living. A post-mortcin examination disclosed
the fact that she would have soon become a mother,
and preferred death to ehamc.
JANE WILSON'S FATE.
Coroner Simms slated yesterday that he hed made
iD'i'Jiry among the physicians si the Kings County
Hospital, Flatbusb, relative to the supposed malpractice
in the case ol Jane Wilson or Jane Ballea, who
died at that Institution on Wednesday night, and he
was salistlsd that there was a mistake in tho ilrsi supposition.
What was supposed to bo evidence of mal
??' ? "J inmiii ivniniai nun
resulting Irom Paris green, which deceased hnd taken.
Tho Inquest will be held on next Friday. The body
was removed Irom the Morgue by her friends veatorday
and will receive private and rcapcctablo burial.
THE LONG ISLAND HOLOCAUST.
The Grand Jury of the Court of Session* for Suffolk
county on Wednesday found indictments for arson In
tho first degree agaiust David II. and Cnrll Skulmore
for bnving, as alleged, set fire to their father'* house at
Deer I'ark on January 29 last, when lour persons were
burned to death.
LABORERS' LEAGUE.
A meeting ol tbc Mechanics and laborers' League of
the United Slates will be held on Monday evening,
March 37, at Stella- Hall, In Bedford awnne, near
Myrtle avenue, Brooklyn, lor the purpose 9! adopting
a eoMlilalton anif election oMcera.
WILLIAM C. BARRETT.
A CLIil CONTRADICTION IO THE BOOC8 NIMH
CHARGES?CONDITION OF THE LAWYER'S AO?
COUNT?.
The cunous family history of Mr. William C. Barrel
appears to liave given rise to a series of articles that
arc shallow throughout, having uo better foundation!
than the mero editorial statement of a contemporary,!
couched in language more antagonistic than fair. Thej
writer of the article claims that the real name of Willlam
G. Barrett was William Carter, and that having
sinned against the law in his native land he added Barrett
to his name when he commenced lys career in tb?
New World. Then, not satisfied with his attack on the
absent, ho adds:?"As one after another of the kinsmen
whoso lives had been ruined at homo by his misconduct
followed him into oxilo they assumed the
urismircbed name he had chosen for bimscllj
nn:l grew up with him a new race among a new
people.1' The charge made iu the latter statement!
has been answerod by Judgo isarrott, and a record of(
tho family history obtained from tho two maiden sis-;
lers of Mr. William C. Barrett directly contradicted:
the Injurious assertions. Yesterday the same paperj
. - ?.?*v ? a/4it/wial rvn thft Sllhiof.L ftndl
Came out VMIU a duvuuu ?u?........... J , 1
published the following sketch, which it had rccelvedl
from one of Mr. Barrett's friends:?
! ''William C. Barren's lather was named George!
! Barrett. The latter married an Eugltsh lady uatnodj
| Miss Barnwell. The natne or Carter originated wlthj
ono George Carter, who was the uncle o! this Mr. i
; George Barrett, and when the latter married Miss!
j Baruwoll he look the name of Carter as a middle
name, and all his children took the name ol Carter as,
; a middle name. Mr. George Barrett had two brothers, '
the eldest, Captain John Carter Barrett, of tho aojeuly-i
< Ilrst regiment, English army; tho other, Dr. William*
; Carter Barrett, attached to tho Galway militia. They!
both took the middio name ol Carter at the tlmo of the'
j marriage of Mr. Gcorgo Barrett to Miss Barn-|
middle name ol Carter was to distinguish it.
, from oilier families named Barrett, this being
I a common name in their section ol the country.,
1 Mr. George Barrett (W. C. Barrett's father and Judgei
Barrett's grandfather), was a private gentleman, with:
! no profession, living on bis means at Anuackcn, In liioj
j county of Galway. His coat of-arms is now in th?j
; possession of tbo old ladies, and his children, tlie Iter. |
I Gilbert Carter Barrett (Judge Barrett's father). Georgst
Carter Barrett (who died young), L>r. John Carter Bar-j
rctt, who is still living, and W. C. Banctl, who has;
just left this country, were all horn In the county o(i
Galway." ,
I Apparently not satisfied Willi the above, or auxiousi
to sustalD the position it had assumed,.the fame paper
added:?
"From this it appears not only that the name o{J
! Carter was a family name with the Barretts, hut that!
it was adopted by all tho brothers of the lather of Mr.'1
1 William C. Barrett upon tho occasion <Tf his marriage'
I with am English lady in no way connected cither withl
I them or with the Carters; a proceeding so extrsmulyj
] unusual in itself and so complimentary "to the "uncle'1)
lrom whom the name was derived that It would not bo
surprising to loarn that Mr. WtUiutn Curler Barrett!
himself, when he begun h(e as an attorney In Dublin,,
may have thought it proper to drop the su'uarac of'
Barrett altogether, resuming It only when he subso-1
qucntly began a new career in a new world.'1- J
Tho above paragraph took a new view of the case,./
and, although it made no direc assertion, still cast a
slur on the name and made a point that required in-!
vestigatlon. A IIkraco reporter paid a visit yesterday!
to Mr. William II. Doonard, of No. 12 i'tnc street, uud
from him elicited the (oiiowiug statement:?
'In 1836 1 advertised for a clerk, and Mr. William C.
Barrett was ono o! the many candidates tor the post-:
lion. Mr. Burrctt told mo' ho had received a diploma!
| as attorney in his own country, and had been a pro-]
I thonotary clerk In Dublin lor over two years. 1 asked]
| him for a specimen of his haudwriting.'nnd he wrote'
j 'William Carter Barrett' In a clear, legible .hand. 1 en-j
gaged him at a salary of $200 per annum. About aj
' vrnr later I noticed that he was absent Srotn the ollice'l
' two or tlireo times a day, ami when Ii
j asked his reason lie said he was expect^
; lug his wilo from Kurope, and went out
to watch lor the notice of nrrival of the vessel upon1
, which she had taken passage. His wile arrived, and Ij
raised his salary to $300 per annum, and in 183*, w hen I:
| married, he was In the habit ol calling upon us with]
his wile. I remember ol his tolling me once that hoj
left Ireland because bis wile's relatives wore not satis-]
lied with the marriage she bad made and he concluded!
that it would be better for him to take his chauccs in]
the New World rather than light against the opposition
they might mako to his advancement. Ho also told]
mo that his wife was in receipt ol ?100 per annum Irons
her relatives, an addition lo his income that was vcryj
acceptable, When the Rev. Gilbert Carter Barrett1
arrived in this country ho was introduced]
to ntc by Mr. William C. Barrett as his brother,]
and ,? afterward, wlig^n he died. Mr. Barretr
Informed me that he had adopted his brother's!
cldost son atnd the daughtor. During the uext few
years Mr. Hurrott often spoke to me of the prog-j
rose that the boy George was making at Columbia!
College, and added that he intended to treat blm as
his son and lake him Into business with himself. Mr.
! Wiliwa> C. HarnU left toy aa.plujr to 1*30. mil waal
thon employed in the Oflice of Mr. Willis Hall, who
had been appointed Attorney GenoraL Ho left Mr.!
Hall to go to Mr. Ogden Hoffman. United Stales District
Attorney under Mr. Tyier, and in 1SI7 ho entered]
into paitncrshtp with Mr. Brinsmade. and was as-1
sociatcd with him nearly fifteen years. I cannot think
I that Mr. William C. Barrett has been knowingly guilty]
of any fraudulent practices, tut he may possibly havoi
made investments lor his clients that have resulted
1 unfortunatety. He was not, 1 should say, a practical
business man, and was fortunate in having steady, re4*
liable men for partners " i
From thcabovo it does not appear that there can MO,
any doubt of the right Mr. Wiiltum C. Barrett had to liisj
name. The fact that when asked to give au exhibition of]
his penmanship he immediately wroto "William Carter
Barrett" is presumptive* evidence that it was a signa-i
I turo he was accustomed to make; and agaiu, it is not;
would deliberately change his name tor the mere pur<!
i)080 of shielding his brother, and thus aid and assist*!
In a fraud. The evidence of Mr. Leonard on that point!
Is very clear, and completely upsets the malicious;
charges against Mr. Barrett of falsifying his family1
name.
his b08inrs9 affairs.
A Hkbald reporter paid a visit to Mr. Nevin W. Butler
yesterday afternoon, and the following conversation
ensued
Keportkr?Have you made an examination into Mr.
Barrett's accounts yet?
t Mr. Bctlkr?Yes, sir; 1 have looked over his books;
but they have been kept in such an extraordinary?
fashion that 1 find it impossible to make anything out
of them.
Rbportbr?Has Mr. Barrett settled with the Standard!
Insurance Company ? \
Mr. Bctlkr?I believe so. Mr. Barrett was counsel j
for tho company, and was In the hublt of assisting them
In their selection of investmcnts?for the spare funds!
{ they had on hand.
Kkportrk?What was the reason Mr. Barrett coil-!
vcycd that block of real cstato to Mr. Daniel Torrencc?|
Mr. Bctlkr?That was on account of tho Standard Insuranec
Company. Mr. Torrcnce was acting for them, J
and eventually had to deed ihc property back to Mr.,
Barrott and tako a mortgage for the benefit of the com-;
pany, as, being an alien corporation, they could not hold*!
real estate.
Reporter?Can you give some explanation of Mrs;
Hatpin's mortgage?
Mr. Buti.kh?i os. SDortty after Mr. iintpino'S
death Mr. Barrett and some other geutleinen ttnder-i
took to rnn the Register's office in the interest of the;
- estate of the deceased. Wlisn Mr. Barrett made the'
final statement of his accounts with Mrs. Halpinc he
found tint she owed him $3,339. and therefore toolt a
mortgage for the amount on one ot her houses. 1 af-(
forward tent him $2,50u, and then he said, for feat
of accidents, I will gtvo you sccurliy for ^>?r money, i
and assigned me Mrs Halrnuo's mortgage,'making mjPj
$3,600 payable at sight. It was because it was i>ayabld,
at Right that 1 did not hare it registered.
Krpobtkk? How will Mr. Barrett's other clients)
come out?
Mr. Bcti.kr?That, sir, Is a question I am not prepared
to answer. As I said before, Mr. Barrett's ao.
counts aro in such a condition that I cannot tell how]
ho atands. Mr. Barrett practised law and kept ttie ac?.
counts of ten or twelve estates in his head. In my be?]
lief there was stoady work for a first class bookkeeper
to keep Mr. Barrett's accounts in order.
Rkpoktkr?Mr. Butler, do yon think, from what you
1 have seen, that Mr. Barrett has acted fraudulently
, toward his clients''
Mr. Butlkk?I have no reason to say so; but, as I
said before, Mr. Barrett kept bis accounts in his head,
and therefore got them so muddled up that when the
pressure came he had not the slightest idea how he
stood. '
Rri-ortrr?When do you think you will bo aide'4b
make a statement of the 'condition of hts affairs *
Mr. Hoti.rk?In about two or three weeks I hope to
be able to gel at the bottom of tho matter; but 1 certainly
will not aitccced unless I get some assistance
, frohi Mr. Barrett himsoll.
The New YorK family who are supposed to tie the
largest snflerers have received from Mr. Butler all
papers relating to their property that were in the
hands ol Mr. Barrett.
SETTLING CHARLEY BOSS' BILLS*
The visit of Chrlstiau K. Ross to Police Heidquartar*
on Thursday was in relation to expenses tncuned Vy
certain members of the department in going to I'hUa
dolphin while working up the case, and not with refcr;
encc to any now clew. Mr. Ross expressed to the
i supcrintondcut hie dssire to rtitniurse him for ?*
penduuroa Jncurred in the service, but Mr. Walling
I declined to receive anything, saying that Mr. Ross had
i already been subject to cxpcn?c enough.
FEAST OF THE ANNUNCIATION.
To-day is the festival of the Annunciation, which
commemorates the tidiags brought by the Angel'
Gabriel to the Virgin Moihor of the iucarnation of
Christ. It is popularly rallod In the British Islands,
Lady Day; in France it is leu own as Notre Datne dn
Mars. The feast is observed In both the Catholic and
Kpiscopal communions, and appropriate services will
be held in all their churches in this city during tho
morning and forenoon. It is of greet anti.ptUv.
Among the sermons of ML Augustino. who died in 430,
I two arc found upon the Annunciation. In early egos
the celebration of all festivals during Lent was lorbiddcu,
except the laird's day and Annunciation. HovcraV,
1 [CONTINUED ON NINTH J?AQEJ ?