The New York herald. [volume], December 19, 1876, Page 8, Image 8

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

Image provided by: Library of Congress, Washington, DC

                
THE COURTS.
More Leaves from the Memorable
Emma Mine History.
MILK DEAIXRS TO TIIE FRONT
A Prima Donna in an Unex
pected Role.
TRUTH NOT ALWAYS MIGHTY.
The suit of the Emma Silver Mining Company
?galust Trenor W. Park, Uonry H, Baxler and Will,
lam II. Stewart, waa continued yesterday before J udgo
Wallace in the United Slates Circuit Court. There
waa a large attendance of lawyers and a sprinkling of
prominent merchants seemingly deeply Interested in
the case. The proceedings opened with the resumption
of Mr. Stougbton's?counsel lor the plaintiffs?argu
ment In support of tbo admissibility ol the evidence
thus far presented, in tne depositions of witnesses
taken by commission in London in support ol plain
till 's case, especially as to the evidence of John C.
Stanley, touching lite statemouts madu to nun previous
to Ins becoming a director of iho company. Mr.
Stougbton spoke at length on this point, but his
long addruss picscntcd nothing of special interest to
the reader.
Mr. Bench followed In reply, doing no bolter In the
way of general Interest, but no doubt feeling himself
bound to go it as long us Mr. Htouglilon did. Mr.
Beach had an udvanlago, however; be "objected" 10
the admission ot tho testimony, and moved, altera
protruded urgumeni, that It be excluded.
The Court at this point took u recess, uud, on reas
Kmbltug, delivered its opinion, lu which Judge
Wallace said that it uppeured l'ark employed Urant to
lout the enterprise and w as to pay him tor his services
large sums ot money. Tuo mere lacl that (Irani was
l'atk's ageui does not make tho latter responsible lor
the loruter's Irnudulont acts. 1'urk might bo respon
sible lor Iraudulout representations us to tho cliaruetcr
ol the property. There is other evidence, however,
which bus not yet been produced, and which, when
Ollered, may, uuder the evludnce which is now pre
sented, he admissible. As the case now stuuds, until
l'ark is shown to have been cognizant ot the laoi that
the witness was to bo paid certain sums, it was incom
petent to ml nut the evidence in question.
Mr. Stougbton suld he would lake ho exception to
the Court's ruling, as ho understood it to be condi
tional.
Mr. Foulkcs theu proceeded to read Mr. Stanley'*
evidence loliowing the portion excluded.
Mr. Beacb considered tins evidence Incompetent, as
given bo long niter the organization ol the company.
The rending oi the depositions was then continued.
Mr. Park made advances for purpose ol uiuklng pay
ments; the company received remittances lroni Pork,
and they were considered as earned and were paid as
dividends; witness believed the money was earned;
Mie witness never saw tlto report ol Professor Hluko
sod was never, to Ins knowledge, produced boioru tlie
Board; witness knew that 1'urk knew Unit ?500 was
paid to In in (wituess), tor lie spoke to Park about it;
be told Park bo expected it would be paid,
fcut that he did nut know front whom the
giuney was to come; 1'ark said he would
Ipeuk to Grant about it; witness received the money
tinjected to by Mr. licacti and udmitluu); a check ap
enred iu his baukcr's passbook lor ?500 from Grant;
Srituesii knew nothing ol private arrangements be
tween Park and Grunt; some one ruised the
question II tho reputation ol tho mine was world wide,
and said that be never bearu of It till ho wus asked to
be a director; General Bcbenck asked to liavo a por
tion altered, as it threw too much responsibility upou
linn soli; the alterations were made and a revised
prospectus published; tho witness being Igno
rant of city matters went to the Board
meeting and listened, hoping that memhera
who were better acquainted would keep him sale, und
Witness says, "1 know more now;" wituess had no
Intormalion us to the mine?its value und character?
txcepting what was contained in Professor Silinuun's
report; Mr. Pemuerion thought there would be no
burin, il Park was an bouoranie man, in asking htm to
luake a statutory declaration ; Park made a little diffi
culty and was very reluctant 10 do it; this occurred at
a board meeting; witness remembered at a general
meeting a stockholder asked lor information as to
Geucral .Scheuck's shares; Park was pelted with ques
tions, and be said with great adroitness that ho would
auawrer tUis question lust; tie said ho lent
the money to Geuorul Schenck lor the
shares; tuat he would ccnituuu to lend to
him, and that he would not hear the namo
and reputation uf tho American Miuislor attacked,
auu he pressed this frequently; none ol tbem knew
anything about mines, but Mr. lirydges Wyiiums was
tuu luost compcteut und It wus agreed upon that ho
should go; he went and made a luvoruble report and
requested ii.oou lor his services; this was objected to
by ibo directors, and l'urk wus empowered to arrange
the matter; wituess did not know what the arrange
ment was; witness understood that Park agreed to buy
the shares of any stockholder w ho wus not satisfied.
At this point the case was adjourned till to-duy.
ADULTERATED MILK.
There wus qulto a stir yesterday in tho Court of
General Sessions, Part 1, presided over by Judge Suth
erland, when it was known that there would be pressed
to trial tho prosecutions against ihoso who hud, as
alleged, violated tho ordinance of tho Hoard ol Health
In sol ing orollering lor salo adulterated milk, tjuite
? crowd o( scientists was In attendance, among them
being I'rolessor Chandler, ol Columbia College; Pro
lessor Doretnus, of the Collcgo ol the City of New
York ; Protestors Stlhman and Barker, of Yule; Proles
sor Caldwell, ot Cornell University; Prolessur Morton,
01 Stevcus institute, and others. Olio ot tho main
questions will doubtless bo the accuracy ol tho lac
tometer us an instrument lor testing milk. Tue Urst
case culled was that of Charles frost, ol No. 364
Madibou street, who ploadcd guilty, upon
whnn conlissiuii ho was Cued f 60. Then
loilewed the case of Daniel t-cliruinpf, of No. 200 ave
nue B, who was charged with having, on the 26th ot
August last, sold or ottered lor sale adulterated milk
Met -is. Prentice fi Hastings, representing tho Hoard of
Heulib, appeared lor the proseculiou, and Messrs.
Louis Waebner and Mr. 1.aw rente defended tho pris
oner. Mr. Waebner opened the proceedings by moving
to quasb the indictment on the ground that it wus de
tective, but the court denied the motlou. Mr. Hast
ings then stated the case. Ho said it was a prosecu
tion under the ausp.ee s ol the Hoard of Health by vir
tue ol an ordinance which provides that no innk that
was watered or reduced or irom which tho cream was
removed should be ollerod lor sale 1 ho prosecution
claimed that the prisoner bau violated that section. It
would bo shown that on the uay in question tbo de
fendant kept at bis store one or more eana ol nu'k lor
Bale; that such milk was earclully tested and that
these testa revealed that at least ooc-slxlh of that
milk was water; in oilier words that the milk had been
reduced. Counsel urged that tbe seller ol spurious
articles should be punished, and the movement on tbo
part ol the Hoard of Heal'.li lo protect the Interests of
the public in the matter ol wholesome milk met with
feneral recognition. Simmies had shown that out of
2'J,(WO.lH)0 quarts ol uulk so d annually In New York
and Urooklyu ui least 4o,ooo,000 ot tbc.-e proved to ho
?rater. He predicted that the re.-ult ot these prosecu
tions would prove a warning to dishonest dealers In
Bilk
William K. Wall was called to show that tho ordi
nance ol the Hoard ol lic iltli under which the pris
oner was indicted was published in tbo (Vly Jtrcunl
ten days prior to the 24ib ot Kcbru.iry, 1870, when the
same became operative. The further hearing ot tbo
cose was adjouroed till this morning.
ELECTION CASES.
Tbe case ol Michael McCormmk was continued In
tbo United .States Circuit Court, be lore Juogo Bene
dict, yesterday morning. Au Inspector ot eleCilon
testified that tbo prisoner canto to tbe polling place
and gave a false name, the prisoner then banded to the
inspector a set of tickets; his name not being on tbe
registry book the tickets wjro returned to him and the
Inspectors ordered his arrest, (in cross examination by
Mr. A. H. i'urdy, who appeared lor the delt-nce, tho
witness couid hut swear that the ballot lor member of
Cougress was in the set ollerod by the prisoner. Mr.
i'urdy tben raised the point thai the evident o had
laiied to show that the b.nloi lor Congress was ten
dered by tbe defendant; that tho Court had no juris
diction ? about such oroul, nud that no cunvm.-iioii could
be had. tteuersi foster, who nppearod lor tbe govern
Bent, thought tho noint welt taken, aim ittke 1
tbe court to instruct the jury to acquit, i bis was done
and me prisoucr discharged.
James Willkiushaw was tuen placed at the bar charged
with voting twice at the Ian election, but the suuio
difficulty as in the case ol McCormtck occurred wiin
regard to snowing that tho defend..m voted me con
gressional ballot tbo second time. lienors! foster
consenting tbe prisoner, on motion ol Mr. I'urdy, was
discharged.
LOCOMOTIVES IN COUBT.
Tbe Rogers Locomotive nnd Machine Work* bave
brought suit against tho St. Louis, iron Mountain nnd
Bonibern Railroad Company to recovor $60,936 12, al
leged damages through broach of contract. It la
staled la tbe complaint that the St. Louis and Iron
Mountain Railroad Company, in January, 1873, muae
n contract with the plaintiffs (or tbe mauufacturo of
ton locoBOtive engines at $13,460; Ibat one of tbo
oag moa was built and delivered according to tbe con
tract and the tame paid for; that subaeqoently tbe
dafeudaats refused to lake tbo additional locomotives
Contracted lor, although offered at considerably re
dnced prtOcs on account ol decrease in tho price ol
material and diminished wages, and that on account
el the failure to lake such engieea they have aua
talaod dawagu In tbe amount slated. It is stated
farther Ib tho complaint that subsequent to the mak
ing nl thin contract ilie St. Louis and Iron Mountain
ltuilr<<ad consolidated with the Catio and Ful
ton Hail road, the name of the company upon such
ron-ondaiion be my tue 81. Louis, Iron Mountain and
Southern Kailroad; tout uuder the terms oi t>uch con
solidation the now company became liable tor tho con
tracts aud debts o( the old company, and that lor ihis
rcasou the preauut suit is brought ajgnust the consult
datnd cotnpnny. The delcnco is that tho vico president
ot tlio or dinal company made a uitstako In accepting
the contract, and thai alter the contract wue thus
erroneously approved he informed the plainltlls ot the
iscts. although paying lor the locomotives built am! de
livered on such mistaken approval. Tho case caiuc to
trial yesterday Uelore Judgu l.arreiuorc, holding Su
preme Court, Circuit, and will probably occupy ihrco
or tour days. Messrs. Marl in ft Smith appear for the
plainlllls, and Messrs. Alexander & Urecu lor the de
fendants. '
A YOUNG MAN'S INFATUATION.
In a suit brought by Hueb McCullocb St Co., bank
ors. against Mr. Qeorgo Mollman, a cow trial is being
sought in tbo Supreme Court, and a motion to this
clloct was to have been made yesterday in Supreme
Court, Chambers, hot was postponed until Saturday.
'I ho defendant is s man of large wealth, lives on
Kiltb avenue and has a summer residence at
Hyde Park, on tbo Hudson. The circumstances
uuder which the suit was brought have bere
loloro been tully given in the Hekai.c,
1 aud it is only ueces.-ary, thereloro, at present to give
I but a brief recapitulation of them A son of Mr. Hull'
i man, tieorge Hodman, Jr., became tnlaiuaied, us sl
I Icgetl, with Mile, liouhinit, a prima donna whom, sub
sequent to her appearance hero in the "ltlack Crook."
in which she was one of the bright particular stars, lie
followed to Kurope and then married her, ultcr whlcn j
> I bey resided lor a time ou the banks ol the classic 1
' Lake Conio. The suit was brought to recover $4.boo, j
which, it is churned, young Huffman obtained upuu
, it letter of credit, which, he cold, *.'? lroiu Ins father 1
. to ,1. J. i'uleslon, ol the lirm ol McCulloch i
At Co. Mr. Hotlmab, Sr., rclu-ed to pay the claim .
upon Its presentation to him, aud lb us resulted the
suit against him which aided in u verdict lor the lull
amount m favor of the smug bankers. The sequel ol :
tho story is the return of me young man to his lather's j
home on account of tailing bealili and his recent |
death. The motion lor the new trial Is based on new
evidence said to have been discovered among the !
ellccis ot tue deceased. It is stutcd further that Mile, j
Uontsnii was present at the funeral, ou which occasion I
she claimed to he the uoceased's widow, it ciuim which |
greatly surprised Mr. and Mrs. Hoffman, neither ol |
whom had ever learned of their sou's marriage, aud j
who are now inclined to discredit the story. On tho i
retrial ol tho case, if such new trial should bo gruulcd, i
the Wholo slorv will doubtless be lully ventilated.
; SUMMARY OP LAW CASES.
Allen It Seaman obtained a rordict yesterday against
Ibo city lor $J,T06 61 lor injuries to a tugboat. Tbo
cum was tried bolore Judgo Van Brunt in tbe Court of
Common Pleas.
In ibo suit brought by tbe Chatham National Bank
against e*-SberiirO'Brien, on trli*l boloro Judge Bouo
buo. tbe (acta oi which havo been Dubilshed, a verdict
was yesterduy rendered lor tbe defendant.
A verdict for $260 was given yesterday beforo Judge
Sedgwick In favor ol ?. W. Johnson and Joset.h
tz 'sstsujstssls
George I). Crary and others, on u charge olMrcSmmi
llity barrels ol spirits irom K. M. Berkuam A Co who
spirus.0 l0rU'' WCre not uul''?rized to ileal tn
k jzxsr"" ,o
Application was mudo yesterday to Judgo Van
Hoesen, holding Special Term ol tbo Court o! Common
1 leas, to remove lor uou-atteudauce to duiy James K
Harrison Clerk ol tbo Sixth District Cou^ Tho
Court took the papers, although tbo question is raised
as to whether tlio Court has Jurisdiction in the case
The suit brought against the New Jork and Harlem
Railroad Company to recover $6,000 damages on n?
count ot tho killing ol Thomas Kanoy, a laborer em
ployed In the rourth avenue excavation, tried heloro
Justice Duly in tho Court of Common 1'ieas resulted
in a disagreement of the jury. resulted
Judgo itotuukon was busy vostcrday in tho trial of
tbe suit ol Agato vs. Lowenhe.m, brought lor damages
caused by moving partitions in the building No B45
[ Broadway, leased by the defendant. Consequential
damages were also sought I or surrender of th^TleLso
before the expiruiiou. , icaso
Mrs. Charles Letrard and William E. Townsend are
trade tnark. Urotl,era w,Uj simulating their
trade mark. The case came to trial yestorday before
Judge Van Hoesen, et Special Term of ibe Court of
Common 1 leug. Tuo triul promises to occupy coDsid
erablo time, a good many liquor donlcrg were nroaant
yesterday who waichcd the proceedings with evnft !
inteiest. Several, einurked It as a cunous dea ho
otlsetling ot ouo fraud by another.
In the ltoo divorce suit, lbs tacts nf win.i, ...
published In the Hk?uli> some tlrn.. ago, adeclsmn hM
been given by Judge i.awrence awarding $500 alimony
to the wilo and a counsel luo ol $1,000, and ufviua 10
her the custody ol the children. kiviug to
Judge Suulord, holding SpecialTerm of tho Sunerior
fhT'li MaVr0,0,1 "Uuncuoiiat the suit ol
V ? t"4V,n8? Hank prohibiting Augusiu
? "ucknig Irom receiving an award ordered to lm
paid her by the city, and Ine city and the Comptroller
from paying such uwurd. uipiroiier
th??-^?rarCf.0f urro6t kr?nted by Judge Robinson of
the Court of Common l'loas, Mr. Judsou u. Worth was
yesterday arrested to answer a cliariao ot malicious
prosecution prelerred by Kaufman SliTon, oM T,
rm ol Miuon ft Goodwin. Mr. Worth guvo bui to
answer 10 the charge. The suit isTor ? 60, (& damage*
Be l ore Judge Treed wan, holding Superior Court"
Trial form, there wus iriod yesterday a suit brought
by Aosou G. Bird and others agulusl C. MeGelaa Too
suit grew out ol the shipment of a cargo ol hu.^d
The defence was that some of tho ba*s ch?rJ..,if,,.
were not delivered. A verdict lor $^2 60 goM was
given for the plaintiff, 8 ?
Philo K. Ruggles, receiver or tho City Plate Glass
Insurance Company, has brought suit ugalusl Allred
the compa'ny,rsubscribed'tor by'tho'doi^datit^u'lgig'
pa,df
pay IIS liabilities. ']ho case cauie io^ th.l yesieidav
be ore Judge Sedgwick, of the SuperiorJo u n t r
Chilri vaflw .la'l0[ "hpenring for the plaintiff and
Charles 1 Olgcr lor tho deleudaut.
.AU8U"'. .18*2, l'10 Third National Bank of Balii.
ro ire was robbed, ami among the proceeds of tbe rob
l.. ry were lour Louisville city water bonus, valued ?t"
$1,00? each, which belonged to Kdward T. Urainbridce
? Vn^c subsequently turned up in the National
Trust Company, where they had teen deposited ui
collateral by Joseph J. Iteviu. Mr. Braiubridge bJouuM
suitag iiusi Mr. Bevin to recover their value which
*us tried yesterday heiore Judge L.wrenci The
defence was that he was a bona Jide bolSe? of ,he
i k ?ca.ed verdict was ordered lor this mornlue
lho suit ol the United Mates against John f
Mcsoriey, the wen known Custom ll^uso broker of
UnuodMiiis?eC0V'r *l<Wb< 8uW. uu" costs, due the
I ni to J Malts, on u warehouso bond ot Levy .v Buret
aud on which bis uamo was ehnod ?? ' 'lret>
d'scoi'tinueu by order of the sioiicilor ol lho Treisu'r?
,^l vy f 81*naturo ou bond was a S v
and It was also executed on Sunday, which was
Illegal. It was proved that the broker who uasaed iha
entry at the Custom House bad beea guBty ol otL r
, ,f'"? 'bey were d.scoverou8 he rai .way
ra l Iroadin Scot Ian**. P*UUbm*Di' t"lod on a
Charles 1? Halherstadt, a lawvor, was somt tuna
I coortCMU',m,IUed by Ju^? Wc'brook for contempt o*
! l?. himo ' to obey au order oi u,e Court direct
, lm. blm to pay over certain mouevs to Go iree Sii.i, '??
Hrmwi'V;CK,P|'0,n.lca "? 11,0 Manue Court. |f0 *?
rought bolore Judge Brady yesterday on u writ of
nabeas corpus, and bis discharge asked on lln Lroum
Heurv C I,er^gU,armt'S ",e
lleury c. lfciiison, his counsel, contended that for n
refusal to obey an order ol the Court directing i,av.
inentol money under the statute a precept could oniv
issue and should .bow the serv.ti ol the order a e'
uaud and reiu-al to pay. Uu the pari oi ihc ucelver
t? r'r^?"SniC.ill,ul 11,0 cc,M,"i'tmeiii was regular upon
Its ttico hnil tlitit u iircci'iiL wi<i iw,t a. , _ *
^?Uiook?,hcC".tJrselhe ?0e b*'0r?
lord, lho government sued the New York it. cnu n?
Company tor #l.uot> penalty. An agreed matemm .5
facts showed that the dciendant inmlo a contract with
lyn, lor the purchase ol tweuiy.iive barrels oi disuiimi
dPv?barrmJel,rb"U': ,'c',nvere" "'????? Oi .tie twenlyl
live barrels, claimed to be of their own manufacture
the oilier ten barrels making up the contract were me
tnanuiacture of another tlrm but accepted hv Pleiscbuian
A Co. Judge Blaicbiord held tho lauguaie to mem?
auihori/ed n. r.spect to the part.cul.r tr?nMctm7
clulined." g'VC" lor tUc 80V? r?"neiit mr the amount
An indictment was found by the United Statce
Gr..nd Jury against W. Joues lor having made an ulll
! KirZrV"''"'? - :s
rr ,;s"" ?
ni'lpi u,t'ruinl!* croee-exsminatloD by iha defend,
eni's counsel ol tfsmsei, ihe government wanes, .i
Trv" t:;n;"rh* ????" :tta
try luo ycarv, wss in the M?t0 one
tdV I'ntiod''m? ,'llC pr,luc,l,,C!' Hie constitution of
irnmeS WM we" "'?l>??ed to the gov
a - h0 Jury rcl"foed a verdict of gurilv
A motion was made for a new trial and arrest ol iudg".
ctelott ^ * 1,101,011 lbe Coorl fcMrved lu dS
DECISIONS.
6CPRKMF. CO CRT?llUMBtna.
By Judge Brady.
Black vs. The Continental Bank.?See order.
House vi Cohen; II.irl vs. Cook; Chaae va. Aator;
Cbeateribun va. Hopper; McK.vera va. yuackeubush;
Mailer ol loOlb atiecl, Ac.?<i runted.
lleeselivrc vs. Halsteud; Beydeckcr VP. The Life As
sociation ol America, and llrnlmuo vs. Ira vera. ? Mo
tions denied. .See opinions.
Calvo va. Davtea ? I th>nk, under the circumstance!,
tlUU only sliouid lie allowed, .-o ordered.
Unveil va. Kasnilte. ? I'm* defendant being a public
officer, nnd nut a uon-rePldunl or trHUsieul persou, tlio
order is denied. I be reman v is ooinpieie without H.
W elsh va The Kluabilix iUilroad Company. ? llalault
opened on pitvm nl ol $IU emu
Welsh v?. Tbe Flushing Railroad Com pan jr.?Motion
granted, but without prejudice Opinion.
Tolle* vs. Tbe Excelsior Gas Machine Company.?
.Application granted as amended.
I.aiidesmau vs. Hottman.?Motion granted. See
opinion.
lioibi'lmer vs. Schuyler.?Granted conditionally.
See opinion.
Hodge* u Porter.?See opinion.
Rose vs. King.?This motion was made too late and
must be denied. Stay vacated.
Von Cleet vs. ilusteiL?This cause not being at issue,
the Items of $15 and $-0 wero proper,y disallowed.
The $10 cost* lo nbldo event should have bcou allowed.
Ordered accordingly.
Von He.u v*. Kilters.?This case is unu.-ual in some
ol its teuturcH, and on the question of costs warrants a
departure from the general rule, that a receiver prose
cuting without leave of the Court is itablo for the
costs, if Uefeuted. I think ho should be compelled lo
pay disbursements lu this at.nou necessarily made and
to ho taxed. Motion grauted on euch payment being
made.
The Sisters of Charity vs. Kelly. ?The allowance will
be granted, to ho paid out ol the esiate, not otherwise.
Mutter ol 123d street, Ac.; matter ol Dotninick and
Cutting vs. Curtis ?Granted.
Luddingtou vs. Slauson.?Should be doneuy an order
to show cause, Ac.
Matter of tbe Metropolitan Association.?Proceedings
adjourned lo December 10, 1870, at 10>? A. M.
Woomscn vs. Hoilmun?This motion is denied be
cause deicuUanl declared under oath that the mortgage
wasvul.it. Moliou denied, with $10 costs.
Snherenbcrg vs. HischoK?Keierce's report con
firmed, wuli allowance ol referee's lees and disburse
minis to be taxed. Mcmnfuudum.
Williams vs. Halscy.?Rolcree's fees and disburse
ments allowed. Memorandum.
Pmkorueili vs. UischoIT, Jr.?In this case no excep
tions were liled or taken to the releree's report. There
is little doubt ol tbo Justice ol the rclc-ree's conclusions.
The onl) question vvbr.-h appears to be litiguied here is
tb it in reference to cost-. The claim herein was not
unreasonably resisted It was properly contested, and
it was reduced. Tbe plalntiir is ouly entitled to re
cover, tliorclore, the fees ol the relereo and necessary
disbursements to be taxed. Code S. 317. Ordered
accordingly, and that the report he continued.
Darling vs. ilalsey.? in this matter the demaud
w is resisted, 1 think, unreasonably. Tho claim of
the p.auitill on iho estate was recognized liy tho testa
tor and reierred to in her will as slated on the argu
ment. This incident wilbdruwg this Case trout the
goi.erul rule applicable lo sidillar proceedings and
warrants sn aw..rd ol costs uud an allowunco to be
paid out ol tbo estate. I ho deleudaut could nave, by
proper Inquiry, established, doubtless, tho ninouut of
tho claim which alone was undisputed, IT, Indeed, any
thing was in controversy. Tho claim was not gaiu
sani by any proof, and the plaintili' should not bo sub
jected to ihe expense or provtug her rights. Costs and
as allowance ol $25 granted. Ordered accordingly.
By Judge Burrcti.
Tollos vs. Tbe Excelsior Gas Machine Company.?
Application granted us amended.
By Judge Donahue.
Jenkins vs. Leubuschor.?This case Is made up so
far Iroiu the lucts that tho stenographer's notes
should be substituted lor the cose. Bo ordered and the
case sottlcd.
By Judge Lawrence.
Matter of Meses and another.?1 will grant an order
to show cause.
Bibley vs. Same; matter of Halbersiadt; matter of
Aucbrnuty; matter ol tbo Second Baptist church of
Jlariem ; matter ol the Bcuevoleut Hebrew, Ac., So
ciety; matter ol the Central Fresbytci iuu Church and
matter of the Congregation ohaari Todih. Orders
granted.
Hoe vs. Roe.?Opinion.
Bntion vs. Braduor.? Case and amendments as
settled.
Matter of Don rig.?Memorandum for counsel.
Matter of tiurlee.?I wish to seo counsel in this
case.
Kidd vs. Brlstow.?A receiver will be appointed and
the injunction continued. Il counsel can agree upon
a proper person to be appointed as roceiver 1 will ap
point biui, uud such agreement would be most satis
factory to the Court. Motnorandum.
Manor or the Suspension Bridge.?The report of the
Commissioners must ho conilruied. Memorandum.
Phelps vs. l'latt ot el.?The doieudaiit is, 1 think,
entitled to somo allowance or the discontinuance. An
allowance of $200 is granted. (Collin vs. Coke, 4 llow.,
610.)
Murphy vs. Mosoa?The order ol October 28,1670,
may be modlUed so as to allow the recotvcr to make
paymeuts uot exceeding $500 at any time, without ap
plication lor leave to.
Grcnta vs. The Mayor, &c.?I adhere to the viows
expressed upon tbu trial relative to the construction
ol ibe agreement betweon Mr. Elder and the city. Tho
motion (or a new trial is thorelore denied.
BumstcaU vs. Houdley.?The third subdivision ot
section 007 ol the Code refers, in my opinion, to all tho
interrogatories winch are annexed Io a commission,
amFbutoue charge lor drawing such Interrogatories
can be made. 'The adjustment ot the clerk must be al
tered to contorm to tbat View.
GENERAL SESSIONS?PART L
Before Judge Sutherland.
THE BECKWITH FORGERY CASE.
The trial of C. U. Bcckwltb, charged with forging re
ceipts and dclraudiug B. T. Babbitt, the sonp manu
facturer, was resumed yestorduy. At tho opening of
the coart cx Judge l ulUrtou ouuiiucU u|>?u ticliltC vf
tho prisoner, contending that the prosecution had not
proved the ci line alleged. The Assistant District Attor
ney replied on the panol tho people, aud the Judge hav
ing charged the jury they retired at a quarter to lour
o'clock. This is a somewhat remarkable cose, there
being sixteen ludlctnieuts against tho prisoner, on one
ol which he lias already been convicted. The disclos
ures, when llrsl made, created quite u sensation, It
being alleged tbat the prisoner appropriated moneys
amounting to noarly a quarter ol a million. The case
was intrusted to Dotecuvo Golden, who worked It up4
promptly aud brought about a speedy irlal. The jury
returuod to court last night and rendered a vordict ol
guilty.
GENERAL feESSlONS?PART 2.
Before Judge Glldcrsleove.
AN ITALIAN ROW.
John Brown, an Italian, wag Indicted for having
stubbed Antonio Lago Marclui at No. 17 Baxter street on
the night of the 28th of Novembor. Mr. W. F. Howe,
who defended the prlsouor, contended that there was
no ovidcuco produced which showed that be had a
knife lu nls hand, and that the complainant received
Ins injury by fal.ing on a hydrant while in n slate of
intoxication. Tho jury acquitted the prisoner.
ALLEGED INDECENT AhfAULT.
Michael McCann. a young inan nineteen years old,
was arraigned at the bar charged with having com
mitted an lodoconi assault on a little girl nine years
old, in a cellar at Na 630 West Thirty-fourth street, on
the 3d of June lost. 1 hero was no evidenco against the
prisoner except that ol the complainant, who was not
corroborated, whilo Mr. Edmund K. Price, counsel for
tho prisoner, showed that his client was otherwise en
gaged at the time ol the alleged otlence, and also that
Ids character previously had been above reproach.
The Jury returned a verdict ol not guilty.
COURT CALENDARS?THIS DAY.
Sltkkmk Court?Chamiikrs? Held bv Judee Brad v.?
Nos 7. 8, 52, 70, 85, 86. 92, 98. 100, 111, 114, 119, 120,
122, 131, 132, 134, 137, 13b, 149, loO. ITS, 1S6, 188, 200,
204, 205. 210, 224, 225, 220. 227, 228, 229.
Supreme Court?General Thru.?Adjourned to De
cember 28.
supreme Court?Special Term?Held by Judgo
Barrett.?Noa 750, 083, 092, 703,729, 743, 744, 759, 700,
701, 708, 777. 758, 638, 637, 68, 71, 90, 3'j1, 350, 38, 67,
73, 300, 420.
Supreme Court?CtRCCiT?l'art 1?Held by Judge
DotuiUiie.?Nos. 095, 699, 923l?, 178b. 1915',, 2039,
802.3213,2011, 2015.2091, 2627, 1825 17234,', 2175.
2379, 11193. 3841, 2063. 1, 1111, 3107, 3081, 2486, 777,
2380, 2399. Part 2?Held bv Judge Lawrence.?Nos.
1194. 1404. 760, 500. 10, 3728, 2240. 36s2. 2568, 2786,
11981,, 826 1430.2640, 2880, 3522, 1398, 552, 1898,
3709.3140, 1376,3304, 10881,, 3648. Part 3?Held by
Jinlgo Larretuoro.?Casio on?Xu. 1967.
Superior Court?Special Tkkm?Held bv Judge
Satilord.?Nos. 22, 20. 30, 01. 37, 18, 33, 64, 26. 27, 4b.
Superior Court?Trial Tkkh?Pari 1?iieid by
Judge Sedgwick.?Nos. 260, 407. 417, 435. 436. 087.
473. 404, 432. 443, 475, 397, 313, 423. 434, 454, 1116. 4sO,
1099. Part 2? Hold by Judge Frecdman.?Will assist
Part 1 In disposing of their calendar.
Superior Court? Gknkkal Tkkm.?Adjourned for
the term.
Common 1'lxas?General Tkrm.? Adjourned lor the
term.
Common Pleas?Trial Term?Part 1?Adjourned for
the term. Pnrt2?Held by Judge Van Hruot.?Nos.
1196.1208,490,846.708. 871, 760, 776, 1098, 336, 378,
4b7, 937, 1546, 1017. 785, 347, 1221 to 1228 (inclusive).
497
Part 3?Held by Judgo Robinson.?Caso on, No. 18.
N'n day calender.
Marine Court?Trial T*i;m?Part 1?Hold by Judge
Shea.?Case on, No. 49(j2- No day calendar. Part 2?
Held by Judge AlKer.?Nos. 1813, 5510, 5512, 4972, 5121,
6288, 6150, 5228, 5454,6483, 5484. 7268, 6383, 4351, 6627.
Part 3?Held by Judge Goepp,?Noe. 0011, 7199, 7153,
609. 4631, 6751, 4973. 5244, 7345, 6660, 6780, 3838, 4789,
5789.
Court of General Sessions?Part 1?Held by Judge
Sutherland.?The People vs. Oscar Frost, misdemea
nor; Same vs. Francisco llajine, felonious assault and
battery; Same vs. Edward Crati, forgery: Santo vs.
Jacob A. Woolkenburgh unu George W. West, con
spiracy; Same vs. Sigiried \Voilers, obscene litera
ture; same vs. Mathlas Ztngler, obscene literature;
Same vs. Gabe Uostall, extortion; Santu vs. Tbomns
Farrcil. rescuing prisoner. Part 2?Held by Judge
Glldcrsleove.?The People vs. Qulinbo Appo, mnn
slaughier; Satne vs. Charles Pail, burglary ; Same vs.
James Cumluga, burglary; Same vs. Jobn Pelabanty,
larceny; Same vs. Walter Coleman, larceny; Same vs.
Wolf Cohen, felony.
Notick to the Bar.?All order* for settlement by
Judge Brndy must be seut to bun in care ol Mr. William
H. Kicketts, Supremo Court Judgce' private room.
COURT OF APPEALS.
Albany, Dec. 18, 1876.
In the Court of Appeals to-day the following cases
were argued:?
No. 8. Embury vs. Sheldon.?Argument resumed
and concluded.
No. 80. Cooroy vs. Tho Mayor, lie.?Argued by
Charles K. Weil for appollant; L). J. Dean lor respond
ent.
No 84. Slieridati vs. Tho Mayor, Ac.?Argued by
Charles P. Shaw for appellant; 1). J. Dean for respond
ent.
No. 90. The Whitney Arms Company ve. Barlow.?
Argued by D. M. Porter lor uppellant; Samuel Hand
I or i uk|iotident.
The lul.owing Is the day calendar of the Court of
Appeals lor December 19:?Noe. 98, 100, 103, 106. 110,
106. 111. 11.%
THE SUFFERING POOR.
Hearing the Stories of the Unfor
tunate at the Tombs.
THE OLD CRY?"HUNGRY AND HOMELESS."
Views of Commissioner Cox on the Pre
vailing Destitution.
NO HELP FOR THE POOR EXCEPT FROM THE RICH.
The storm of yesterday brought a bleak day to tba
multitude of the uucmployed and their lamiltes. How
many huniau being* were out in the atreeta or hid
away in such poor shelter as the open places afforded,
all ol them wet, cold, homeless and hungry, may be
estimated when the total number ol the unemployed
is remembered. The absolute need there is lor warmth
for tbo wives and luuiilics of the unemployed men
must tiavu been apparent yesterday to any one who
was humane enough to think at all about the matter,
and yet the Hoard of Apportionment still hesitates
about grantiug the petition or demand of the Commis
sioners of Charities and Correction lor the lund neces
sary to afford this charity to the guttering. One would
think that the Commissioners of Charily acd Correc
tion ought lo bo ibe best judges as to what is needed
lor the poor, and that when they ufiirm the necessity
of relieving a particular exceptional distress they
should not bo thwarted in the pcriormance ol Uutios
belonging to their ofUce.
NKCK3SITY or AN aPHROI'RIATIOX.
Tbo sum of $100,000 is absolutely needed for the out
door poor this winter, and the Hoard of Apportion
ment bus had the records of tbo charity commission
ers before it in proof of the justice of the requisition
from the Department ol Charities and Correction.
Tho new Hoard ol Apportionment will come Into
olltcc on the first day ol the Sow Year, and then, tno
estimates having been passed upon by tbe existing
Board, any inoucy to be appropriated lor the outdoor
poor must be contingent upon balances left over from
othor appropriations. I', then, the Hoard of Apportion
ment docs not now make the appropriation ncked for
there can be no adequate means to supply the poor
with coal this wiuter. The money already appro
priated by tho Board for tbo poor goes to chari
tablo societies, which, no doubt, are doing excel
lent work in tbeir respective spheres; but oilhsr there
is a total misconception as to the extent of the
want in tbccliy and tbe classes who are suffering, or
this money will bo altogether insullicient to supply
luol to tho thousands of lamilios who have no uicaus
of buying it, and who cannot be reached by these
associations. Every ouo at ail conversant with the
destitution prevailing admits that there has been too
long a delay In allording some regular system ol relief
to the tarnishing poople in distress.
T1IK KKASON8 FOR T1.K1K POVERTY.
A Herald reporter visited the Tombs Prison early in
tbo forenoon yesterday for the purposo ot noting the
investigation made by Commissioner Cox ol the men
vrho were seeking rctugo in tbo Workhouse on the
Island. Commissioner Cox attends at tbo Toiubs every
morniug to periorm this charitable duty, and the
amount of good he doos by advice and by seeing tbat
those poor men and women rcuotvo the attention their
respective cases demand is of incalculable benellt
to them. Tho Commissioner was assisted by
Wardon Quinn, the doctor of the prison, and Keeper
Pino, whiio he was bearing tbo stories of tho ap
plicants. The following is a summary of the cases
which were disposed of yesterday:?
James Smith, a porier by occupation, could not get
work for several weeks past. Ho was not able to get
even a meal a day. When asked why be could not
turu out and shovel snow bo said he had no shovel
and did not know whoro to got the price of one.
Kuwaiu Nolan was iu tbo United State* Army for two
years and bad a pension. He was entitled to a place in
the Soldiers' Home, but he was desirous to stay bore
to wait until tho death of his daughter, a girl thirteen
years of age, who was not expected to live. His wile
hart <iled within a year, and thu expenses left itin> pen
| nlless. He w.mted to wait until the March pension
would coino due. when he could pay back his captain
part of S'JO he had borrowed irotn him at thu time 01
his wile's death, und perhaps attend to the burial of
, bis daughter. Ho also has a boy, who is being cared
' < it... .r li.a I..AI ?*?. kio ...... ?* ? ., m ft* .. U..S .. I
for. Cut ol tho last pay of his pension he bad given
I $U 10 ins children.
James Cordon, a plumber, had been all over the city
! looking lor work, but failed iu getting a job at any
| thing. He was completely punuiless und dill not know
I what to do except to go to tho Island. The Conimls
' siouer asked Wardeu Quinn to give htm sometlrng to
i do around tho prisou, as sumo plumbing work was
nocossary. Cordon was accordingly committed to the
Touibs.
i uhuries Smith, a tinsmith, had been working for bis
hoard ouiy, but lor tho past lew weeks coold not get
, work even for that, lie had no money and no friends,
? so lie had to go to the Workhouse.
Moses J. Johnson, a colored man, bad been cm
! ployed as waiter in several places, but could not get
? anything to do in this city. Ho ottered to work lor his
board, but could not get a job even at tbat. As be
thought ho coold get work ut l'ittshurg tho Commis
sioner turmshed him wilb trausportation.
Kdwurd Lindon, a laborer, was both sick and out ot
work.
William Parker, a pnititer, had been In Jersey and
ull round tins city looking lor work. He was willing
to wotk lor Ins hoard, but could not got a job. He bad
been idle two weeks, living on a meal a day, and could
not stand it uuv longer. Parker was recommended by
the commissioner, us tie wus quite a young man, to
try again, as his associations on tho Isiand would not
improve blin ; but be said ho nad sullercd too much
already and be wanted loud and shelter.
John Kane, who was sulfering terribly from sick
ness. was an ex-soldier in me Inltod Slates ariny. Ho
had been In the soldiers' Home, but came here to gut
Ins puustou. The Commissioner rcquesiou tLe doctor
to see thul this man was sent to licMevue Hospital
and there c*red lor until he could be roiurued to the
fcoldiers' Home.
Michael Murpbv, a bootblack, eighteen years of ago,
could gel no,lung to do at hi* business nor ut nulling
papers. He had sold Ins box lor twenty-live cents to
pay lor his lodging and had no chance now ol "get
ting anytbiug to do at anything." 'l'be Commissioner
told itim lie was not quite sure but he was lazy, and
asked the Wardeu to put him at work around tne
prisou 10 test liitn. Murphy protested that he was will
ing to work ul anything il he got the cliuneo, hut ho had
found lie could not earn the price ut ni* I dging.
'iboinas Hand, a I'm led .Stale* army pensioner,
could not w ork oti account of one arm being partially
paralysed. He was discharged irom the army in 1808
uii :uti pension, but lost ins discharge papers and
never gut a cent of his pension since. Coii.niisrsiouer
Cox g.ivo instructions dial this man's cuso should he
inquired into and the truth of his statement ascer
tained.
Matthew Murphy, another ex-soldier, said he would
hot be admitted hi tho Soldiers' Home, .is his wounds
were noi suflldienliy serious. His peuslon was (J a
mouth. He was utterly tivnuiless, and iiuahio to get
work at any thing. Commissioner Cox requested
I Warden Quinn to see that Superintendent Kelloch
| looked alter this case.
lira riTCT* ffOMKA.
The Commissioner next visited tuo women's prison,
and .Mis.- Foster, tin* matron, presented the Inmate ap
plicuuiH lor Hid Workhouse:?
Martha Collins, a muldlo aged woman, had been
hitherto able to tintltu it living by hawking round a
basket of caudles, but could no longer subsist on the
pre fits,
Klleu Foster, eighteen years a rosldent of this city,
had beeu "living out," but could uol now get a place.
Mary Davis, residing iu this city lor thirty years,
had no houie uuu ho Irlemia. The husband was killed
sixteen years ago, ana her son, with whom she had
been living, died six months ago.
I.ma Lubin, sixteen years u resident In this city, bad
been living out suite her husband died, ctgm years
ago. Sbo was too old now to gel ctnp.oy meni as a
domestic, ana bad no Iricnds or money.
mishii Kobmson, loriy years a resident in this city,
had live children ut a family ol twelve living, hut did
not get assistance In.in nuy of them. 'Incy wcra
scattered nil over, the only one ol them irom whom
she heard in llvo years being a daughter who was inar-*
nod out West. This was the second lime she was
obliged to go to the Workhouse.
COMXISaiOMCR cox's OPINIONS.
Alter the disposal ol those poor people the reporter
had a conversation with Comuiissiooer Cox relative to
the condition ol the poor at tuu time:?"Is thero any
probability," asked the reporter, "ol getting the ?p
poor?"
propriatlou ol $1UU,0U0 lor the outdoor poorl
"We have done ull wo could. The statistics we fur.
Dished the Doard ol Apportionment ought to he suitl
clrnt reason lor their granting of the item In the esti
mates."
"Would that amount bo necessary to meet the de
mand this season V"
"Absolutely necessary. We could dispose of more
than ibat judiciously in relieving the poor this winter."
"From what vou .see hero ol the applicants lor shel
ter In the Workhoustf, do you think that the reports of
the distress is exuggcrntod r"
I "Uy no means. I have had experience 'or threo
I winters of the condition of tho poor In ibis city. The
; peculiarity ubuut this season is, that It is Irom the
workiug classes tho applicants come. lit fact, the
'trumps' have comparatively disappeared. I judge
' there must he all ol the number mated now out ol
employment in this city. "
"Do you agree with those who say that the city
should supply public work lor the Idle men T"
"I do not think much hope may be entertained that
the city will take any action that would Involvo such
)*rf? expenditure* of money w would be required If
public work were u> be eurted. "
"flow, iben, i? lb* general distrci* lo be dealt
with*"
"In my opinion, the only resource I* tte charily of
the wealthy Help Iroru that class must come, sooner
or later, this winter. It will he absolutely needed."
etasTRiKrioss for scrrtKiKS.
In answer to correspondent* wno ask "WDether tbe
Hkkalp will icceive contributions in money lorsufler
tng families mentioned in these columns," we answer
that any money sent will be acknowledged and banded
to whatever family the donor may name.
casks run ins cuakitahlr.
There is a family In extreme distress on the top floor
of No. ;>9 Ann street. The charitable visitor can in
quire fur Moses K. Colby and wile.
There is a respectable woman on the top floor, room
No. 14, of No. lot! Dcluncey street, who needs assis
tance. Her husband is lb the hospital and she has a
child to support. A dona.lou ol coal is especially
ueeded.
ACTIOS OP THK AI.UEKMK5.
At the meeting ol the Hoard ol Aldermen yesterday
Mr. Gross offered a preamble aod resolution relative
to an appropriation lor tbe outdoor poor, which were
adopted as follows:?
Whereas the prostration ofbnilness In all commercial and
industrial branches, and the consequent Idleness and want
among the workiug claaaea have ever been on the increase
since 1H7aud all new enterprises, owing lo tlieuncei
titluty of Investments of any kind, are totally checked, mak
ing it more than probable that the statements in the public
press of bO.UUU destitute wurkingmen iu this citv It pain
fully correct: and whereas the uusetilcd condition ot the
political alTairs ol the naltou. and tbe disquietude and ap
prehension arising therefrom and nurvadiug all
business circles, throughout the whole reaitu of
this Union. hourly adds to the gloomy lore
bodiugt reiiardliu- our business prospects lor tbe
luture, mid may induce a total deadlock in all mercantile <
and manufacturing pursuits, entailing untold misery upon
thousands ot lamiiit-s heretofore able to support themselves,
therefore he It
Kesolvcd. 1 hat the Beard of Estimate und Apportion
ment be and Is hereby urgently requested not to curtail
lire approprlatiou ol flilU.Os) tor ttie outdoor poor, as pro
posed lit that Board, und that the whole ot this amount be
dewned by tiie Commissioners of Charities and Correction
to mat nid and ih it the Clerk oT the Common Council Is
directed to submit this resolution forthwith (o the Board of
Estimate and Apportionment, together Willi au explanation
of the reasons lor this Bourn's action in regard lo ttie appro
priation tor the Department of Charities and Correction.
THE OCEAN BANK.
A. SETTLEMENT DEMANDED FBOM TOE BK
CCIVER BY THE DEPOSITOBS.
A meeting of the depositors In tho Ocean National
Bank, which failed In 1871, was held yesterday at No.
107 Kulion street, lor the purpose ot taking steps to
have the receiver settle up with the creditors. Tho
meeting, which represented some (23,000, was unani
mous in appointing a committee ol three to wait upon
the receiver, Mr. Theodore M. Davis, and, In case of
failure in procuring u settlement with the depositors,
the committeo was empowered to apply to the Secre
tary ol the Treasury In reierence to tho matter.
ONLY SEVENTY CENTS OX THK DOLLAR.
Mr. J. M. C. Martin was chosen chairman of the
meeting and Mr. James Wright secretary. It appears
that alter the tailuro of the bank in 1871 Mr. Davis
was appointed receiver, and that in several reports
issued by him he promised that the depositors would
be paid In full and that the stockholders would receive
filly per cent. So far seventy per cent had been paid
to the depositors, and they wore given to understand
that they would be paid a further dividend in May last,
but the fulfilment ol that promise was subsequently
postponed till July. When July came round, however,
the receiver was unable to carry out bis engagement with
the depositors, and made a statement giving Ins rea
sons. These were in effect as follows:?in tho first
place bo represented that a sum ol $250,000 which had
been offered lor the 1'ortage Luke Caual Com
pany debt was to have been paid on July 1; that the
party, however, was unable to carry out the agree
ment then, but tho money was promised in Octobor,
when there was every reason to suppose It would bo
paid. In tho next place he urged that tho other assets
would have been sold on Iho 1st ol July, but lor the lact
that lite receiver was uuablc to dispose of the pending
robbery suits; that, therefore, any sum likely to have
been realized Iroui such sale could not have beou paid
to the depositors, for the reason that the plaintiffs in
the suns would have obtained an injuuetiou restrain
ing tbn payment of any dividend until an amount suf
ficient to cover tbeir claims bad been set aside and re
served lor tbeir benefit. The results ot such injunc
tion, ho represented, would liavo been to compel the
receiver to deposit some (200,000 in the Sub-Treasury
to await the termination ut tho suits, the assets would
have been sold at an unfavorable time and great sac
rifices would have been made without any benefit to
tbc depositors. Another reason for the non-payment
or the uividcnd in July was in effect that an assess
ment had not been levied upon tbe stockhold
ers, becuuso until the termination of tbe robhory
suits wnich up to a short time belore Involved about
(380,000, it was impossible to say bow much the bank
owed; that the assets would not have yielded enough
to pay the butauce duo the depositors and the amount
claimed by tbe robbery pialntills; that to have
levied enough ut cover both clawes of claims would
have resulted In an injunction on behalf of the stock
holders; thttt to have attempted the payment of de
positors without reserving euoagh to cover tho
claims of the robbery plaiutifl's would have resulted In
au injuuetiou ou bebuil of tbe latter, and that there
fore there was nothing to do but await tbe result of
the robbery suits. He then held out favorable pros
pects for the payment of a dividend in November.
During toe moo mouths preceding be had, he said, de
feated and disposed ol robbery suits amounting to
$180,000, and had obtained judgments, decrees,
settlements and adjustments in vurlous litigulious
and disputed claims, thereby puttiug tno West Virginia
iron property, tho Wabash und Erie Banal Company
debt, una oilier large claims in available shape lor col
lection or sale. All tho pending robbery suits would,
ho expected, be disposed ol ju Octobor; the
(250,000 ollored for the Portage Luko Caual
Company's debt would, lu ail probability, be
paid during that month, una there was every
reason to supposo that tho other assets could be
sold at u much better pries ibuu just then. However
sll this might be he was authorized, be said, by tbo
Comptroller of ilie Currency to say thai ail tbe assets
of iho bank would bo arid in November, and, il neces
sary, an assessment would be levied upon the stock
holders immediately thereafter.
TUB AMOUNT DIE.
November came uud weh', and tbe proiniso of tbe
receiver not liaviug been curried uut tno meeting of
yesterday was held and a committee ot three ap
pointed to endeavor to procure a settlement I re in iho
receiver, aud in case ol (allure to wail upon the Secre
tary ol tho Treasury iu resueel to the matter, lu tho
report ol the receiver, issued in July, the amount due
depositors wus shown to be (381,808 84.
IS IT A JOB?
CHARGES PREFERRED AGAINST THE COMMIS
SIONERS AND A COMMITTEE OF INVESTIGA
TION APPOINTED BY THE ALDERMEN.
Aider nan l'urroy presented a resolution yesterday
during the meeting of the Board or Aldermen call
ing lor tho appointment oi an investigating com
tnltttco to examine into certain charges preferred
against one of the Commissioners of llio Third Dis
trict Court House. This resolution was accompanied
by a lengthy communication from Mr. Kobort Cushing,
of Nb 766 Broadway, who preiers the charge. In this
communication tlr. Cashing says:?
"Henry U. Porter was a|<pointed a Commissioner
nnd president of the above named commission through
the inllucnee of Andrew II. Green, and tho said Porter
employed the landscape arcliHerts, Frederick C.
Winters end Calvert Vuux. at the request of said
Andrew 11. Urecu. to draw plans lor tho Court House
at the cost oi ?16,out*. The architects were not
required to furnish bonds or security lor tnu work
intrusied to them. It is well known that
Henry 11. Porter was tlie contldenital Iriend of Au
drew II. Green, uud consequently run the coin miss ion
to suit bimaoli uud lo tho detriment of tlio city and
tlie rcspon-ible posiiioii iniru-iod to lilni as said Com
missioner. " Mr. Cusblne luriher on alleges that Por
ter was well aware that Calvert Vaux wits coolinod lor
u i ertsm I Hue in tho I. anal Ic Asylum and that Frederick
C. Withers had made several attempts on Ins own Hie.
Mr. Cusliing udds in tha rommuniculiou that several
blunders were committed in the erceiioii ol tho build
ing, uud stales that many others have occurred which
can only he nseeriamed by an investigation; that the
contiuciors were lo have ihebuiidiug completed by lie
cein ner 30, 1876, but that It is mm 11 uuiinislied and
likely to remain so until some lime next year, la con
sequence ol which uctiou the city has sustained a grout
loss ol money.
Aldermen l'urroy, Kcounn and Howland were ap
pointed a committee on investigation.
SUICIDE OF AN OLD WOMAN.
Catharine Egloff, ol No. 109 Greene street, attempted
sui:tde yesterday by drinking a quantity ol oxalie
acid. It appears tnat Catharine, who Is u some
what elderly womac, has a very unpleuieut
disposition, whteh is raado all tbo more irritable
by occasional potations. She has been married
twic-, having by her tirst husband a son
and daughter, both grown up, und Dy Jacob
Egloff, the Hcuood one, it lltllo daughter. His
child was takeu by Its lather on a visit to some re
lations on Sunday night, ami on bis return he Inund
that his wtio hud been drinking, .^umu words passed
between i liein, and yesterday morning ou awaking
Mrs. Kg loll complained to her grown up? daughter,
who happened to call on her, of her lamily
troubles. Sue was suffering trom a headache,
too, and alter breakiast she wsnt to a drug
store across the way, reluming In a few minutes
witn a paper of what the lamily thought to bo Kpsom
salts. Tins she mixed lu a glsss, nod huloro drinking
It, asked her daughter II she would have any. Ou the
latter declining, she raised the potion to her lips and
swallowed tu Thinking she had been taking some
medicine to relieve ber headache, nono ol the family
noticed her till sho rose irom the cliatr she had
been sitting on with her face distorted, her
eyes glariug nud her tnoulh llocked with toxin. Thou
she tell (o the lloor und rolled about in uguny. Her
IniHiiund at onco burned to the druggist's with tho
glass alio had drunk irom, und there learned that alio
had purchased a quantity ol oxalic acid under the pre
text oi using It on leather. Medical ass,stance was
then summoned and proper antidotes administered;
but her physiciau Is of opinion that she will not sur
vive.
CONGRESS
Efforts in Senate and House to Settle
the Electoral Question.
A JOINT COMMITTEE APPOINTED.
Defeat of the Bill to Decrease the
President's Salary.
DEBATE ON THE OREGON QUESTION
BZNATE.
Washixgtox, Doe. 18, 1874.
Mr. Weight, (rep.) of Iowa, id accordance with
previous nonce. introduced a bill to establish a court
lor ilia trial of contested elections In tbo offices of
('resident and Vice ('resident of tDe United States Ha
said bo would not ask u reference of tbo bill at tbia
tune ; tio bud prepared it without consultation with
any one, but wis not commuted to its terms, and
would bo glad to receive suggestions In regard to
tt Irom other Senators. tie did not sbare the
fooling* of many wbo imagined that trouble and dan.
ger wou:d be tbo result ol tbia contest, lie had confl
uence that these difficulties would soon disappear and
tl.e constitution and laws would arise over all. Hia
contidcnco wus in tbo common sense of the peoplo of
tbo country. There was in this cuuotry a traditional
love of patriotic legal methods aud a hatred of vio
lence. That patriotic lovo would triumph. He be
lieved a law could be passed that wou.d meet tbia great
emergency. Ho guvo notice that be would move lbs
relercnce ol tbe bill burealtcr, and asked that it
upon tbo table lor the pre.cnt aud bo printed. Soor>
dared.
He also gave notlco that be would ask leave of the
Scnute to submit some rcuiurks In lavor ol the bill nt
an early day.
TilK KLRCTORAL VOTE.
Mr. Edmunds, (rep.) ol Vu, called up the reeolutioa
submitted by biui on Krntuy lust, rclerriug the mes
sage of (bo House ot Representatives ou ibo Subject of
the Presidential eiectiou to a seloct committee ol seven
senator* to act will) the House Committee In prepar
ing a measure best calculated to accomplish tbo lawful
counting ol ilia electoral votes and the best disposi
tion ol all questions connected therewith, and it waa
unanimously agrqed to without discussion.
TUK AllJOUK.NMK.VT QUESTION.
Mr. Camkrox, (rep.) ol Pa., submitted a joint resolu
tion that wIicd t ho two houses 01 Congress adjourn on
Knday, the '.'2d mst., it bo to meet on Wednesday,
tbo 3d day ol January, 1)177. Ordered to be printed
and lie ou the table.
TDK l-KKSIDK.VT's SALARY.
Mr. Wkigut, (rep.) ol Iowa, iu accordance with pre
vious notice, called up the bill roductng tbo salary of
the President ol tbo United States liom $60,000 la
$'26,000 per annum, which nusaod both bouses of Con
gress at the lust session and wus then vetoed by the
President.
The Message ol tbo President was road. He states,
among other reasons, that ho vetoes the bill Iruu ?
sense ol duty to his successors luolliec, to himself aud
to what is due to the dignity of the position or Chiel
Magistrate ol it nation ol more than 40,000,000 peo
ple. When the salary of the Presidont wus llxea at
$26,000per annum, the nation compriaed but 3,000,000
people; poor Iroin a long and exhaustive war; with
out commerco or manufactories. Ho then refers to
tbo increase of the sularles ol' members ot Congress,
the cost ol living lu Washington. Jsc., and says he does
not believe the citizens of tne Kcpublic desire their
public sen auts to servo them without a lair compen
sation lor tneir services.
Mr. Wright said ho did not propose to discuss the
bill, but would simply ask. a vote of tbo Senate.
After a lengthy debato, the question being, shall th?
bill puss notwithstanding the objections or the Presi
dent, It was rejected by a vote ol 26 yeas to 19 nays,
hot the necessary two-thirds voting la the affirmative.
TUK VOTE,
The vote was at follows:?
Ykas?Messrs Alcorn, Hogy, Clayton, Cockerel), Conk.
ling. Craeln, Davis. Dawes, Eaton, Kerry. Uoldthwaila,
Harvey, Hitchcock. Johnson, Reman, Key, McCreery,
Mnxey, Morrill, Morton. Price, Sherman, Thurman, Whyte
aud Wright? 2->.
Nats-Anthony. Barnunt, Bayard, Blaine, Booth, Bout
well, Burnsidc, Cameron (Pa), c'halfoe, Duraey, Edmunds,
Hamlin, Ingalls. Jones (Kla.), Mitchell, Norwood, Paddock,
Windoiu aud Withers?IP.
TUB OKBOON KLECTOR9.
The Sonalo thou reeiiiiiAil tlia oonatdurutloa or ss.
finished business, being the resolution ol Mr. Mitchell
directing the Commllloe ou Privileges and Elections to
inquire as to the uppoiuimcui ol Mr. Cronin as a Presi
dential elector bv liuveruor Grover, ol Oregon.
Mr. Kky, (dent.) ol Teuu., read ulengthy argument.
In which he reviewed the Oregon case aud suid he did
not quostlou the mot ives of the Govornor of Oregon.
Had he (Mr. Key) been id his place, he would have
held that there wus it vacancy on account ol tho
ineligibility ol Watts, and wouid then have tilled that
vacaucv so as to curry out the wishes of a majority of
the people. He then referred to the condition of af
lairs in South Carolina, Florida and Louisiana, aud
argued that the will of tho majority in theso States had
been reversed by the action ol tbe returning boards.
He referred to the argumont ol tho Senator from Ohio
(Mr. Tburtnao) to the effect that tho decision
of tbe Louisiana Itoturniug Board waa supremo,
and must be respected by the Senate the sumo as l da*
ctsion ol tho Supreme Court of the United States, and
said if the decision ol that Board was supreme in Lou
isiana the decisiou ol Governor Grover must be eu
preme In Oregon.
Mr. Mitcukll annouticod that Mr. Logan desired to
submit sumo remarks upon this resolution, but ho was
absent I rout the Senate to-day ou account ol severe in
disposition.
The resolution was then informally laid aside.
TUB RILES.
On motion ot Mr. Kerry the Scnato took up the re
nort ol the Committee on Rules. In answer to a ques
tion ol Mr. Coukllug, Mr. Kerry said the committee
was unanimous lu submitting tho report. Tney had
given the suoject much uiiouiloti, and it was desirable
to liavo tho new rules ugrcou to before the holidays
that they might be printed Id manual. Alter soms
debute the report wus recommitted to tbe committee
with instructions to ltuvo it printed aud Ins.rt ths
changes proposed 111 italics.
THE LATH SPEAKER KKKR.
A message was received from the House of Rcpre
scnialivcs uuuounclug the proceedings ol Ibul body in
respect to the memory of the late speaker Kerr.
Mr. Morton, (rop.) ol Ind., said that his colleague
(Mr. McDonald), a warm personal triond of Mr. Kerr's,
was now absent Irom (lie city witb one ol the luvesti
gating committees ul ibo Senate. It would be agree
able to liitu and other Irionds of the'deceased if the
message were laid ou the table until tbo return of Mr.
McDonald. So ordered.
A count of tbe Scuaie developed the fact that no
quorum was present, aud tho souulo, at hall-past three
o'clock, adjourned.
HOUSE OF REPRESENTATIVES.
Washington, Dec. 18, 187&
Mr. Knott, (dora.) of Ivy., chairman oi tho Judiciary
CominUteo, Introduced a bill prescribing the method
of counting tho olecloral votes for President and Vice
President. Referred to the select committee on th(
subject.
The first section provides that on the second Wednes.
day In February, 18*7, and at tho same time on every
fourth yoar iherenlier, the members of the Senate and
House of Representatives shall conreno in joint assem
bly in tho hall of tho Houso for the sole purpose of
cuuuung tho voles giveu by tbo electors for l'ievident
and Vice Prosidout and of ascertaining and declaring
the result.
The tenth section provides that all qacstlona coo
sidorcu by tho joiut assembly of tho two bouses shall
be decided by a etna veer vote of each member present,
and that tbo decision and tlctormiuuliou of tbo ques
tion bv tbe majority ul the tuumhors shall bo Ita de
cision and deii-rminuiloii by the joint assembly, and
tiuil I' there shall bo a dillercnce ol opinion anu ruling
on any question between the President of tbe Senate
ami the Speaker ol tho Houso the question shall ba
submitted to the Joint assembly, and shall be in like
manner decided by a majority ol vutes. All questions
shall, with the assent ul Uio Speaker ol tbe House, be
put 10 tuc joint assembly by tbo President of the
Senate, ami the result declared by blui.
The lourtceiilb section provides lust when the eount
ol the voles is concluded tho Secretary ol the Senate
and the Clerk ol tbe House shall each read to the
berate and House Ine owu record of the votes as
counted, and, H it be lound correct, shall each give to
the President ol the .senate and tuo .Speaker ol the
ltnusu statements of ilie aggregate ol the voles, where
upon the President of the .senate shall announce the
remit uud declare elected the persons having a ma
jority ol the voles ol all the electors counted by the
joint assembly, und II there be no election he shall S3
declare, and luercupon the joint assomuly shall be dis
solved mid the Seuate shall return to us chamber.
The fifteenth and last section provides that the pro
ceedings hud iu joint assembly shall be entered In lull
upon tbe records ol the Senate una of the House ol
Representatives.
Mr. Fhvk, (rep.) of Me., ufTere t a resolution for the
appointmeut ol a committee ol six to inquire Into lbs
manner in which ma election was CO' .noted lor mem
bers ol Cuugross Inst .November. It. Sixili district
01 Mississippi uud the Fourth distri i oi Alabama, and
whether in such districts there was intimidation ol
candidates or voters.
The House relu-od to second ths previous question,
and the resold lion went over.
Mr, Fkanklvn, (dutc.)ol Ma, offered a resolution
Instructing iho I'omiuiiteo on Expenditures in the
Treasury Department 10 luquiro Into tbo actlon'of tbo
Secretary oi llie Treasury, in regard to the engravings)
of the internal revenue slumps being taken from the*.
Engraving Bureau ol the Treasury Adopted. ?
Mr. Uahnsi.D, Irep.) of Uttto, presented a telegram
received by mm Irom Mr. Hut Hun, ol Illinois, a mem
ber ol ibi: I.uuisiuna Select Coiumilleo, slating that
the despstcb Irom thochairmuu (Mr. Moirisou) to the
Speaker was without the knowledge and consont of lh?
[CONTINUED ON NINTH PACE.]