The New York herald. [volume], February 27, 1877, Image 5

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

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Ill MTIHffi MM.
Contest Between the Attorney General
and the Brooklyn Courts.
WHO IS TO BE RECEIVER?
An Extraordinary Instrument Executed by
Judge Gilbert.
The securities, amounting to 9102,000, which were
transferred by the Continental Life Insurance Comnanv
to the New Jersey Mutual. and Irom the latter
10 tbe bauds ot William Fullerton, counsel for the
Continental's lormer receiver, were yesterdiy givon to
Receiver Grace, as oraered by tbe Court.
from general appearances tbe already "too much
counselled" Continental Is to be so pursued by litigation
that nothing may be left of Ibe onco flourishing
Institution save sotuo "cats and dogs" and a low legal
question* It is now Ave months since a dissolution
was granted, and even tlio amount of ibo assets
and liabllitios is not definitely known. Meanwhile,
now that $500,000 has been paid
lor legal services and ibo averago ol Interested
nltorncys Is dally increasing, tbe responsibility of this
groat wrong upon tho policy holders Is not improporly
charged to the ottlccis ol the concern, wbo, not content
with murdorlng tbe corporation, sought to constitute
themselves Coroner, undertaker and executors.
Tbe Insurauco Department was dolled, its efforts to
gain coutrol were intorrupted and delayed by logal
trickery, and Anally, alter replacing an alleged collusive
receiver, an indorsement oi all those proceedings
Is modestly requested lor tbe sako ol tho hllhorto forgotten
policy holders.
viuhtihg tus attorney (ibnbrau
As from tbe first, tho contest now is purely between
tho self-constituted executors and tbe people ot tbe
State. Tbe Attorney Geuerat claims that a life Insurincoporporailon
cannot bo dissolved at tbe suitofa
stockholder. On that plea the entire proceedings in
tbe Brooklyn courts would be void. A relcreo was appointed
in ibo suit of tho Attorney General at Albany,
but be has not yet made bis report The Attorney
Ueueral has personally taken cburge ol the case, und
indications point to somo pretty strong tugging
at bis nnu of tbe rope. On tlio other side,
Receiver Grace has bedgod himself In with a
sorps ol industrious attorneys, some of whom bad been
retained by bis predecessor, John J. Anderson, and a
desperate attempt is beinc made to avert an overthrow
?f tho "ids." All sorts of artlul slops have been
taken, mostly In tbe way ol ordors from judgos sitting
In Brooklyn, to weaken or destroy tho strong position
el tbe Attorney Genoral. Failing lo stop tbe reforeuco
in Jibe adverse suit by injunction, tboy adopted an extraordinary
plau by wbicb to muko tho Attoruey General
a party to tbelr action. On the 17tli lust, when
s new Superintendent of Insurance bad been appointed
and it appeared that tbo Attorney Goneral would personally
take chargo of the case, a petition was drawn
up and tho order issued by Judge Gilbert on the loth,
making the .Superintendent ot Insurance and ino peopie
of tho State party defendants in the suit <if Hoyt
versus the Continental. On tbe dav Pillowing Judge
CillinrL itbiitiH ihn follnunnT nf urliin.lt nnlv a Kmitll mil.
lino lias lieroiolore beon glvon:?
a ii km A iik A 111. k iikdkk
Whereas hy mi oriler dul.v rnsdc mid entered on the lntli
day ?l February. 1X77, William .Smyth, buperintendent "I
tlin Insurance Department, and ihe I'eople of tlio State of
Now York were duly Joined an purlieu defendant in this
anion, and wore then and there required to show cause at
thin tinio and place, an will morn lully appear by reference
to the pelt ion and papern now on file upon which niiid order
wan made, mid on reading said papern and on tiling
prooT of norvicc of the snld papern. and mtld ordei
and notire tliereol upon tin naid Superintendent,
an I upon the Attorney General, and on
liling a printed copy of the cane entitled In the .Matter ol
the Annllcatlon or the Atiorney General against the Continental
Li e Insurance Company, and on motion of Mr.
* Honjamiti I'. Tracy and Mr. John (''raiikeiihetin, respectively
attorneys for petitioners, the Court having received and
tiled a lueseage respecting thin application from the Attorney
i.eiieral, no one appearing on behalf ol the people or
said Smyth:
Now (reserving all rights and advantages of the original
decree and subseciut lit proceedings her -in for the benefit of
tlie receiver ill tliis action und such persons as shall come
into cornt und be Joined tierein),
It is ordered ami adjudged anil the Cnurt doth hereby declare
that the said tile Continental Lite Insurance Company
is wholly dissolved and its tranchlses are extinguished,
but this order shall not abate or cause to be abuted any
proceeding on tlio part uf the people of tills .'state under tlie
General Insurance law to procure a distribution uf the
assets, securities und property which were of said company
and in which it had or cluKied to have an interest und
which were deposited with or now are in the hands ol the
defendant, the Superintendent of the Insurance Department
of this State, or which are otherwise subject to
the control ol said Superintendent or his department,
it being the intent and meaning hereof to
permit the prosecution of such proceeding as audita y
to tills proceeding, und not otherwise, and the defendants,
the said .Superintendent and the people of this State, and
the Attorney General, are hereby directed and instructed
to prosecute said proceeding under the (lirectioii ol tills
cuurt, us ancillary to this proceeding, and not otherwise,
iortlie sole purpose of providing lor >lie distribution or
other direction of this court in this action, with respect to
the said assets, securities und propertv, and the .Superintendent
of the Insurance Department is hereby enjoined
from making any disposition 01 said assets and securities
except to take surli steps as may be necessary and proper
to cnloree the same according to their terms, or otherwise to
preserve his own and tlio rigiits ol the receiver therein ; und
to the end that such rights inny be preserved, lie is hereby
directed to enforce witli all practicable speed the collection
m all interest arid of all principal sums due upon them, or
sny of them. And it is further ordered that the said Superintendent
und Attorney General show cause at a .-penal
Term ol litis Court, to be liuld at the Court House in nrooklyn,
N. Y., on Friday, Kobruury 2-'i, 1X77. at ten o'clock
A. M? wsy such further instructions or moditlcatioii ol the
present instructions should uot be given in the premises as
the exigencies ot the esse may require, and then and there
to report tlio condition uuti situation of any proceedings
pending as aforesaid.
IIOW IT 1.S RthiARDED.
The order has crcuied no iittiu wonder as well as
amusement, among those of the legal irnlernuy who
have seen it. (several of tliem expressed their views
regarding it to the Hrkalu representative, who louud
them unanimous in their opinions respecting the insliumouU
Tho points considered most remarkable
lire t?ricily as lollows:?
It makes the peop.o of the Slate of New York defendants,
when mere Is no law authorizing them to'ho
lued unless by their own volition.
It makes the Superintendent ol Insurance a party
when ho has nothing to do with the moneys of tho
."ompany in tho hands ol the ri-colver here, nor have
they anything to do with tho moneys deposited at
Albany under his charge. This last point wus determined
in the case ol Kuggles vs. Chapman, whero It
was decided that tho (Superintendent had no power to
pay over the moneys in his charge on the application
ol the p aiuliff as receiver.
It dissolves tho Continental again (aftor declaring It
to have been already dtsso.ved) on a petition In which
the Continental is not a party una has uo notice ol tho
proceeding*.
It rosirains tho Attorney General (not n party) from
performing a speclllc duty roquiroo ol him by the
statute ol 1HA3, and lately adjudged and ordered lu this
very case by tbo Court of Appeals.
U requires the Attorney Geueral to submit an action
pending in the Third depurnneiit of tho Supreme Court
to tho dirociton ol the Second department of the sumo
court.
It requires an action (brought to sot nsido this
action as collusive and fraudulent) to bo submitted to
the alleged fraudulent and collusive action.
OTIIKK ALLKUSb IHKKIiUI.AHITIKS.
The first order, grautod on Monday, the lUth Inst.,
required the Attorney General, on tho following day
(when the second was issued) to show cause why tho
lirsl should not stand. Notico was servod on tho Attorney
General at balf-pnst fivo I', .VI., Monday, and
by the terms of the order ho was oxpocted to appear
in Brooklyn at ten o'clock on the next day. According
to the statute lio should have had eight days'
notice and lurlhermoro if ho could have been tnauo
party to tho action ho was entitled to summons and
twenty days' time to Die his answer. When to ill
these delects is added the Isci that Judgniont had btcu
entered beforehand in tbo suit ol Uayi vs. tbo Continental,
tho lawyers clmra that the whole thing lias
nothing wanting to make it a monstrous joke.
Tim Attorney General Ignored the orders, as he did
?S'?T u K?~r *" ?
pumices Ironi the Scroll (I and I Inrd doP 'ru"e"\*'' *f
Kupremo Court will havo to light it out in the Cou
Appeals.
SUGAJi SKIZU1U&.
a caiid from mkhhrp. i-eaycraft * co.
To tbk Kuitor or thr Hkrai.o:?
In your issue of tho 2Stb mat. wo ncticod an article
about the sei/.uro of Demorara sugar. A? tho iiuino ol
our Urrn appears iu this article, giving tho impression
that we have baon engaged for some tlmo paat In defrauding
the cuaioiua of tlio Unitod States, wo request
you will, in Juatlce to ua, publish the following :-ln
the IIrat placo no cargo ol sugar consigned to us has
to our knowledge been sol/.e<l by the Collector a permil
for delivery having in cvury Instance been granted
onocr paying the duty assessed by the government
appraiser. In tho second p|aR0 ?p Wuuid
laic that prior to the last change m
I the duties ou Imported sugar wo wero largely inter
exted tn importing Demer .ra sugar of a ligni ..riw
color, which was sold directly to tlio wholesale grocery
trade lor consumption, not needing further reULiua
The change, however, lu ihe tariff mado tho import"'lion
of such sugar impossible, and consequently our
Iiernerara eorraapoinienu had to ccnso shipping
grocery eugar, aud In order 10 obtain
ruturu car*oo* lor vceaols that were sent
new tor:
from her# with provisions end oreedstuffs
they ware obliged to sbip a quality of wugar only
adapted lor ret) mug. The difference In the manufacture
of the two styles of eager ia us lollowa:? K?r
inerly, In making ibe straw colored sugar, tne juice
ol the cane, after being extracted, was eery carelully
tittered, and waa then subjected to a chemical process
which had the uffeet of whiteoing the crystals, lorined
in what la known aa the vacuum pan, alter leaviug
which it waa subjected to the "centrifugal process,"
and was there washed with water until Ibe desired
color wee obtained.
In the second process?via., that which Is designated
asa"iraud"?and which, owlug to the protective tariff
ol the Uuiled States, had to be adopted, the juice of
the cane, although Uttered to a certain oxtent, ia not
relieved of all its impurities, the chemical process to
produce a white crystal Is entirely omiued, aud
no water is used to lurther whllcu tne
sugar In the contrllugal us formerly. Thai
tho marked difference between the Uemcrara
sugar as t previously Imported aud that which
now comes to this market ahould have nttraded the
notice ol the New York Cullocior is not surprising, but
that the names of merchants, irrespective ol tbeir
standing or character, should lie dragged before the
lunity being sfTorued ibein ol making any explanations
tbal might be deemed necessary, is an injustico tbal
mutt be appareni lo ovory oue. Your*. rrspctfuliv,
LEAYCRAKT A. CO.
WALL STREET MOVEMENTS.
TH* OPEN BOARD OF BROKERS AT WORK?
THE OOIjD EXCHANGE SQUABBLES?CHEAP
CABLING.
The new application for a receivership of the Delaware
and Hudson was much talked ol oil 'Change yesterday.
President Dickson sent the Slock Exchange
the polite Information that the detailed statement the
complaint called for would he lurnlshud at the proper
time. Immediately nltor the slock tell oIT ono por
cent.
TilS OPKK BOAKD OP UKOKKItS.
The New York Open Hoard of Brokers took possession
ol their temporary quarters, at No. 21 New street,
et half-past niuo o'clock yesterday morning. The room,
reaching Irom New street to Broadway, where It has a
basement entrance, was in a very bare condition,
but yet tbo actual necessities lor tho transaction
of business wore on hand. The printed
signs hung along the walls Indicated the portions
devotod lo tho business of the principal slocks. The
desk of the Chairman and Secretary stood about tho
cctitro of the room and lacing the Western Union
si and. Among the visitors who darod to risk the displeasure
ol the Governing Committee of ibo Stock
Exchange was the well known brokerChnrloy Osborne,
and no sat down and looked on while the tirsl sales
wore made. Business commenced yesterday at fortylive
minutes past nine aftor an opening address Irom
President Nevors and tho usual introduction ot tho
Chairman (Mr. Brekaw). The tlrst rush wus made to
tho Western Union corner, uud alter u salo ot boo at
C2J? business slackened there, nutwithstuuditig the
Irantic cHurts of an energetic operator to sell
any part of 1,000 at 62Some ."00 or 400
shuros oT Central wero sold at and mat about
constituted tho morning's work, us immediately too
Stuck Exchange went tu work tho Open Board became
comparatively deserted. Their hours of business
will be in luturo irom hali-pust nine A. 11. to lour P.
M., but yesterday they were uardly prepured to so to
work in cariiost.
Til K tlOLU KXCHANOK.
A very largely attended meeting ol tho members ot
the Gold Exchange was held yesterday atlernouu iu
the Gold Kooiu The Clm.rmau, Mr. Morris, al.cr culling
the meeting to order, stated that he believed
the object of calling the meeting together whs lo Instruct
the Executive Comnutteo tu procure new rooms
In which they nugiit carry ou business ultor
ni" j.sb ui juj. .nr. a * i. unueruiii men
oflerod u resolution tuut the Executive Committee
bo instructed to lease without lurlber delay
a suit ol rooms tor thu use of the (told Kxchuugo. A
mulioii wii/i thou made unit .seconded to lake up tne resolution
ollcred by Mr. I'ndurhlil, end on the call ot
"Question" the yeas aud nays wero so mingled with
catcalls, whistles, yells and other noisos that the
(Jnairin.ni had 10 call for a show ol bunds, and on the
count tho yeas bad 170 aud lh? nays 60, so the resolution
was, tberclore, tabled. A motion was then made
that a committee ol livo bo appointed to corner with
the Executive Committee ol the Stuck Exchange, but
bo I ore it wus put another motion was made, that the
Executive Committee of the Stock Exchange ho requested
to comply with tho usual courtesies and
answer the communication iroin tho Cold Exchange.
Tbo Cbair ruled both motions out of order.
Mr. John T. Denny, a member of tbo Governing
Committee of tbe Stock Exchange, then rose aud
staled that tbe only reason they hud not hoard from
tbem was because the Secretary liad not bad tho time
to solid the communication. lie said he bad no authority
to appear for the Governing Committee of the
Stock Exchange, but he would say they hud Icasod
Uie Gold Excdauge tor a room iu which to transact
business In government securities and mining stocks.
In consequence of the cordial leellug that bad always
existed botween tbo members of tho two boards, they
bad loll at a loss how to act, and finally called on
twelve members of tho Gold Exchange, not memhors
ol tho Stock Exchange or ofllcers of the cold Exchange,
to consult with them. They all disagreed,
having different views, and tho committee finally reported
as primed in the morning pupers.
Mr. L'nderhlil said he denied tho right of any ono to
vote uwny tbe property of another party.
Mr. Denny replied that ho had not come tonrgun, but
merely to state facts. The Governing Committee of
the Stock Exchange also claimed the right to uunio
the stocks in which their memburs should deal. (A
voice?"It is not sol") 1 can only say It is always so,
unless in nu instance whero the proposed change, alteration
or addition has been posted a week, aud then
tt requires n two-tblrd vote to tuako it valid.
Mr. Cnderhill then mndo some pretty strong remarks,
insinuating that llio wnolo matter had arisen out of a
petty spile on tho part of tho members of the Stock
Exchange at tho membors of the Cold Exchnngo that
had jriucd the new hoard. (The sponger was called to
order, but on motion was allowed to continue.) Ho
then got up on a desk and gave tbe Slock Exchange a
dose of rod not shot, thai finally created such an uproar
among I he speculators tbut bu hud to desist.
Mr. George fiend, a member of the Stock
Exchange, then moved that a meeting of
tbo Executive bo hold on Thursday, March 8,
lo consider a resolution to dissolve the
Gold Exchango 011 April 110, 1S77, 10 pay all
outstanding indebtedness and divide the balance jiro
rn/a among tlio members. Tbe motion was ruled out
ol ordor as revolutionary and unconstitutional, but
tbe Chairman added that au ameudmenl would Do required
to cover the ground. Tlio moeliug then adjourned.
The necessary amendment* will bo posted
in the Gold Exchange to-day and brought up at tbo
next meeting.
CHSAP CABLING.
The manager of tlio Direct Cable rocotved Instruc*tlons
yesterday Irom I.ondon to make tbo same reduction
In ibo rates as bad been made,by tbo otber lines?
viz., twenty-five cents per word and addresses free.
Tlio new rates will go inio practice at twolve M. In
March.
BANKRUPTCY ABUSES.
ItEQISTEK FITCII ON THE DF,VICES BY WHICH
C It EDITORS ABE CHEATED.
Register Fitch lias submitted an opiuion In the case
of Nlcbolus k Coon, bunkrupt leather and flower
dealers, in which tlio questlouublo pructlces of bankrupts
aro dwolt upon, and tlio Court asked to take
action to prevent them. Theso bankrupts made an
assignment under tbo .Stato law to Houry S. Foole, a
lawyer, who retained another lawyor, 0. W. Town, as
counsel, paid him a Ice of $260, charged $200 lor his
own services, and turned over $2,140 01 realized from
the assets to E. K. Knowlton, assignee in bankruptcy.
The Register snya that tbo assignment was mado lo
prevent the collection ol a debt sued on by Tattle A
Ca Tbe said pretended assignment was useless, unnecessary,
illegal and void, all ol which It must havo been
known lo Foole and Town, would cause expense to tbo
creditors, and would not in uny maimer aid the bankrupts
in obtuinlug their discharge in Haul proceedings
in involuntary bankruptcy. It has been tbu prevailing
custom In this city, ho says, lor oven reputable lawyers
to advtso tholr clients who may bo 111 (ailing circumstances
to make an assignment under the now
suspended Insolvent laws, and have some clerk of tbe
Insolvent, ol tbe lawyer, or some other serviceable
person, named us assignee, who guncrally disposes of
tho property lor a trilling suui to tbe Irionds of tbo
parties The lawyer churges au enormous lee, and us
a general rule between tbo insolvent, tbe lawyor und
ttm HttriiirilRO Lhn MH(alA in tlftnd till and till* rroilili.ru
get little or nulUing.
Theso fraudulent Slate .assignments should receive
the stern rehuko ol the courts, and the assignee should
uot be allowed to usu up tho estate between tlie lawyer,
the insolvent nnd htmsell in direct violation of
the Bankrupt act. In this caao the pioota allow that
Mr. Town acted as attorney lor the bankrupts bclure
tho assignment, prepared the assignment, became at*
tornc.v lor the assignee, who is aiao a lawyer, auu then
became attorney for the petitioning creditors. Cases
were cited where largo autns have been allowed 10
counsel lor assignees under the .Slate assignment. This
practice has hccomo a great and crying evil, lujurious
to commercial Interests and damaging to trade, and it
Is lima that the national courts should disallow tho
numerous expuusesynade under tho assignments, ss it
is conlrnrv to public policy and public justice to allow
lawyers to give illegal advice, chargo enormous lees
and'collect Ilioiu ol innocent creditors.
In closing Register Kuch reports against allowing
the claim ol Mr. town lor tho $gi?0.
THE VAN DER HILT WILL.
Tho will of llto lote Commodoro Vanderbill will bo
offered for probate at ten o'clock this morning in the
Surrog tin's office. Tho citation will then be returnable,
when the parties, If any, thereto proposing to oon
test tho will will bo required to tile their objoonons.
Thoc tutiou is addressed to the eight surviving daughters
aDd oou son, Cornelius J. \ underbill. I'lio prospect
now is thai objections will bo llled und n contest
entered upon. In the latter event the practice is that
an adjournment will be bad and a day thereafter fixed
lor me hearing ol testimony in the ease. Should
there be noobjouions tho will goes to probate without
contention.
K. HERALD, TUESDAY, FE
CHEAP TELEGRAPHY.
IMPORTANT ACTION OF THE ATLANTIC AND
PACIFIC RAILROAD COMPANY?BATES LARGELY
CUT DOWN?PRESIDENT OBTON ON THE
WESTERN UNION'S POSITION AND PROBABLB
ACTION.
The action ol iho managing board of the Atlantic and
Pacific Telegraph Company yesterday determines definitely
tbe construction of lO.UOO miles of new lines
and an immediate reduction of rates upon the lines
now operated by the company. Tbe roductlon decided
upon Is a considerable one, tending toward a desirable
uniformity In tbe ratea of telegraphic charges, und Is
apparently well ayitemaiizcd. It Is not as sweeping as
was at llrsl contemplated, but it is a long step in the
direction desired by tbe public. In view of the probablo
effect of this step upon tbe action of tbe Western
I'nlou Telegraph Company, President Orion was called
upon. In order to ascertain the position which the
Western Union Intended to tnlce in the contest wh.ch
now seems imminent. A full statement of the altitude
ef the company at iho present juueturo was glren by
Mr. Orion, aud follows ibe report of the directors'
meeting, which Is published below.
NESTING or TKl-STSEA
A lull board meeting or tbe directors of tbe Atlantic
and Pacific Telegraph Company was held at their
Broadway office yesterday morning, and the committee
appointed to consider the question of the reduction
ot rates and to prepare a schedule submitted their report.
The report ot tho committee was adopted and
the schedule incorporated In the following order, to go
into effect on and after Marcb 1, 1877:?
Til* KKOrCKIl HATK.
The uniform rale o! twenty.live ccnla, heretofore in
use between all station* uf the Atlantic aud I'acilie
Telegruph Compuny throughout New Knglaud, will be
extended to rover all rial lone of tbe company In the
Stilton of New York, Pennsylvania, Neiv Jersey. Itolawure
and Maryland, and Interchangeably between all
ttuoh slat Inns and all stations or tbnt company in New
Kngland, oxccpl such as arc more limn 300 miles distant
I runt each other, where the rale will be thirty-five
cents. THOMAS T. EC'KKRT, President.
A Unal approval was given to the order providing for
the construction ot 10,000 miles ol new lines, and Immediate
arrangemonta were ordered to bo made for
tho supply ol material and the carrying on ol the work.
On the completion of tho important business bolore
tho mooting It was adjourned subject to tho cull ol tno
President.
ATTITtJOS OF THIS WKXTKIIX UNION.
President Orion, in auswer to the inquiry made by a
Hkham) representative) as to tho ground which tno
Western Union intended to take, gave what may bo
considered as a definite and authoritative statement.
Its itnporlatico and interest at the present juncture may
he rtudlly perceived:?
"To carry on the telegraphic business," he said,
''requires something more than a boastful prospectus.
Mere proclamations on paper attacking a rival organization
have no more offect than tho Pope's hull
against tho comet. An organized telegraphic
system is necessary, which no amount of
money on bnnd can purchase. This system
we have. The gentlemen who propose to parallel or,
in a sense, to duplicate tho lines ol the Western Union
Tolegrupb Company seem in Ignoro tho essential olomeut
of time. The Western Union company Is
twenty-five years old, and it has been growing every .
your since its foundation. 1 have been connected
with the company for eleven years, during which its
properly has doubled and the volume ol Its business
has Increased moro than threefold.
ITa PK1BRNT RKSOIROKH.
"Its carrying capacity has been mora than quadrupled
and Its rale of charges has been reduced liltytwo
per cent. The Western Union Company has made
more and greater reductions ol rates on the average,
without any competition, than all that have been made
in consequence ol competition. When I came lulo the
business tho rale between New York nnd San Fruti*
elsco was $7 60, aud between New York and points in
Oregon and llrltlsh Columbia it was Ironi $0 to $10, The
present maximum rate on Ihc Western Union lines is
$'J 50, and the successive reductions to bring tho rnto
to this llguro have been made voluntarily by the Western
Union Company, no one of them having bocu prornoleu
by the nets ol competitors. Noiv. how much
the Western Union Company can be damaged by whatever
increase ol facilities it Is possible lor any other
company*" provide during the current year can only
bo ascertained by experience. It will not be untilr,
however, to judge Ihn future by the past The gross
receipts ol the Western Union Company for tho calendar
year, 187(1, were more thun $10,000,(HIM, Tho
profits wore nearly $3,600,000, and these items nro
larger than in any year since the corporation canto into
oxistence.
tiik company's okowtii.
"Tho (act must not be overlooked that tho Western
Union compauy is a growing concern also, to a greater
extent than its rival. We purchased Ironi the manufacturers
lust, year tnore than 0,000 inhes of wire, all
ol which has been erected, nnd we acquired control by
put chase nnd lease ol ubuul 4,000 miles more. In short,
tho growth ol the Western Union Is constantly greater
than that of lis rivals, so that tho relativo difference
between Its lucilllies and theirs has been groator every
year sinco the beginning. How soon Is it likely to ha
beaten in this race if It mnlnlains, us Is our determination,
this rate ol growih V
"1 have sometimes used tins illustration in sponking
of the ihroats of our rivals to duplicate our properly.
I A person or lirm has hoeu in the nursery business lor
twoniy-Ove years, and has ou hand every variety of
tree, ?hrii0 ami (lower of all ugos, between ono year
and twenty-live. Much a one would not ho likely to ho
very much alarmed at threats that Ills business was to
be destroyed by n new matt who bad got unlimited
prairie land and meaiia to provide htm'ell with sued.
There would ulwsys tie twenty-lire years hclwcon the
two concerns. I have always believed that the telegraphic
business ol this country could be prolltab'y
curried on at lower rates,
A COMPREHENSIVE RSPftTIOS HKCOMMKM)Kit.
"It is two years since, in one of my reports to our
directors, I expressed the opinion that It would bo
prscilcublo to buve not more titan four ratos? twentylive
cents, fifty cents, seventy-live cents nml $1 ?
throughout the Untied States. As the volume ol bu?incss
increased, in order to do it as promptly as it wis
transnctod belore assuming surlt proportions, it was
necessary to increase the carrying capacity ol tint
lines. It Is the policy of the W extern Uuidn to inako
this increase gradually, by making an appropriation
each year ol a portion ol the proiils accruing It is
tbo proceeds ol these Increased incilitics that enables
us to gets new dollar in plsce ol tlio dollardrawu from
us, cithor by competition or reduction ol rules, or by
both. >'or example, our company is uow doing business
at about 000 more stations than wo bud u year
ago. Now, suppose that tbo receipts ol these now
stations average $10 u week each, that will bring in
$0,000 a week la the aggregate, or $1112,000 a your."
NEW LINKS TO l<K Bl'ILT.
Mr. Orton said that uo estimate could bo made without
very lull data of the time required to build the
10,000 in Ilea of competitive hues pro|eciod by iho Atlantic
and l'ucidc Company. There are only a lew
manufacturers in the country in the first place who
could contract to supply any large quantity. There arc
no large stocks on hand, nud there is uo company
which could possibly muuulucturo 10,000 miles nt wire
in ouo season. A largo addition might, uo doubt, bo
mudo to the working facilities ol ino company, but lie ;
was prepared to say that tbo Western Union would .
build twice ?s many miles ol wire during the coming
year as the Allautic nud Pacific. He thought that ihe
long start ot the termer in point ol lime and nvallnldo
tacilitles, among which one ol the most Important w ig
the direct communication afforded between distant
points, would givo the Western Union a decisive advantage
In tho competitive wur which was likely to
ousue.
R It MICTION OK RATES.
He ronld not say dctlniioly whether the Western
Union would meet llio reduction ol rules made yestcr
day by the Aliunde and i'acillc by a corresponding altcraltou
In Itn schedule. It would bo nocea-itry IIrst to
examine closely the lines on which disadvantageous
competition was to be leured, and to determine whntbor
the reduction would seriously allcct tlie business and
profits of the company. The change of rates might bo
comparatively inoperative so lar as the company's interest
was concerned. It was true that a forced reduction
had boon rnudo twice bcloro, hut whether the
' sain* step would he necessitated now he could not at
present say. No categorical answer to such u question
could be given, but assurance could be mado mat iho
I company will defend Us own Interest and Is prepared
( to carry on an expensive war, II necessary, In uiaintonance
of Its rightful position.
BEARING FORGED LETTERS.
On the 23d of September Klljah K. Ilangs, of No.
GSO Broadway, received a letter slgnod X. Addey, '
saying that the subscriber had Just cuinc to Now York
and that ho was sulTrriiig very much Irom weakness
of the eyes. The letter alao asked if auy books had
been sold on his account, and If convenient to remit i
the amount by bearer. Mr. Hangs considered ttie
letter geliusne, and gave the besrer, Thomas H. Jarvis,
?ls 27, which he supposed would ho immediately returned
to Mr. Aduey. lie subsequently discovered !
that the tetter was a lorgery and mat Jarvis had appropriated
the money to liis own u-e. The latter was i
arrested by Officer McSally, ol Iho Washington pi ice
Court squad, yesterduy, and was hold by Judge Kluni- j
iner in 41.000 bail to answer.
STEALING MAIL 15AGS.
Detcctivo CIob arrested au li.ili.-in rsg picker, giving
the nume ol Kranclsco Kichl, in Jersey City yestordny.
In his possession was loun'l a striped canvas big,
winch mi investigation showed was stolen from I tic
New York I'ost OITir.o Severn! lings have been stolen
I ram the I'ost Olfice Intely. Itir.ni was tnken ixiioro
United State* Commissioner Miurhcud who com misled
hnn in deluult ol bml lor examination.
ELEVATED RAILWAY ACCIDENT.
?????
While at work on tlio New York Elevated Hailwny
track, corner ol Ninth avenue nnd liausevoort street, j
j yrstcrday, Charles Allen, ol No. 2118 Newark avenue, [
1 Jersey Cltv, was crushed between a passing train and
j luetics. Mm injuries consist ol a broken thigh aud !
Itliu laceration ol Ills hips. Iho injured inan was re- !
moved to the Now York UoipMal, la Chambers street. I
BRUA11Y 27, 1877.?TRIPL1
A CURIOUS RAILROAD SUIT, j
the niSIOUY OF an important clmu aoainrt
the milwaukee anl> bt. paul railroad
COMPANY.
A very important suit li at present awaiting tbe decision
of Judge Johnson, as ibe papers are now under
consideration. The sun insy well be nailed important,
s tbc promoters seen to Uko possession of ibe I.a
I'rosse and Milwaukee Railroad, some -t)0 miles lone,
which they claim is fraudulently hold by the Milwnu- |
kee and St. Paul Railroad Company. In caao ihe !
pluiotifls are suecoesiul tbey will also suo lor all tbe .
earnings ol the road during the past elgbtreu years.
The attorney of thai coinpauy recently took exception j
to a bltlemcnl tu the money article or the IIkkalp and ;
forwarded the following communication, wbicb sets j
forth tbe vievrs ol the company:?
tiis pkkkmiants bios
Chicago, Milwapkkk axu St. I'apl Railwayl I
Company, No. US William Stiikkt,
Nkw Yokk, Feb. lu, tS77. ) 1
T<? tiik Editor or Tim Hkkaldi?
The uttetliiou ol the olllcers of the Chicago, Milwau- 1
keoaudSL l'aul Railway Cont|tany has been called to 1
n paragrspu in your money article of the tun inst., |
winch seems to lie Iniimteil noon nan ml inol i
Inlorni'iiiuu, and ihey will be pleased if you will avail 1
yoursell ol ilie lulortniiliun which tbey request me 10 1
give you lor the purpose oi making the nece'saiy cor- i
rcciion.
The mnt referred to was begun iu tho Supreme Court i
of New York lu IStlS, when Judge Ituniard granted, ex
(parte, an order u|ipoiuiuig James M. Swecncv, receiver 1
ol the Milwaukee nuil Su I'mi I property. Ttio receiver*
ship was soon vacated, and llio Judge who granted it
wan lor Him, among other things, impeached am: re. j
moved from otllee By the ncliou of the su I'uul ,
Compsny tbo huh wits iranalerred to the I iiiioii Stales - 1
Circuit Court, and there it slept until 1874, when it i
was revived by Mr. Itarues and Mr. bright. I'hcy I
niude a motion in 1ST&, on.ore Judge Hlaiel, lord, lor hi 1
Injunction, which Judgo llltichlord never grunted, and j
tlicy have recently made a motion bolero Judge loliu- |
son lor an injunction, which !ihm uoi Uoen grained.. I <
The laets ol the o?ho are simply these:?The Miltvau- i
koe and St. I'.iul Hallway Company acquired Hie road ,
Irom Milwaukee to latCrosse, about tw o hundred mile*,
uinlor the lorccuisuro ol iiiorigugei, or encumbrances
created by the old l.n Crosse a ml Milwaukee Kailrond
Company prior to tho year 1S.V8. Itelore these lore.
closurcH wore had, and in iKbtt, tho l.n Ctosro Company
made a niorigaye to VVilliuin ilarues purporting to bo
tor $2,060,400! ii-joreine bringing of tlra inrec insure
suits under which the SU t'aul Itailway Company |
lioiigbi the pro; erty, Mr. Ilurnex made a sain under ms 1
mortgage to a corporalioii callod the Milwaukee and :
Minnesota Kailrond Company, to wuich most ol the ;
hoods issued under tbo Humes mortgage wore trans. I
lerrcd, and ilint compioy was lor some time in posses* .
sum ol the K.tatern Division ol the U Cro-8" Kailrond,
but was llnally compelled 10 giro up under ihodecr es
In loruclosiire under which the St. I'aul Hallway
Company uecame thu purchaser. Subsequently,
in April, Im'.h, m a suit brought by
judgmeut creditors of the old lut Crosse und Milwaukee ! .
Company, who recovered judgments alter the making I
ol llio Uarues mortgage, iho Circuit Court ol the j
United Stuies lor the district ol Wisconsin .decided
that tho Harnns mortgage, aliliougli issued lor
$'J,OUO.ouu, was in I act good lor only $160,000 or
(-JOO.UOO, and that as against judgment creditors Mr.
Humes' sale ol lliu property lo the .Milwaukee and
.Minnesota Company was not good, and thereupon Mr.
Ilarnes, in tho suit now pending anil relerrcd to in
your money article, claims that notwithstanding his
sale to the Milwaukee and Miiiiin.-oin Kailrond Company,
ami notw iihsiamling llio Mdwaukeo and Minnesota
Kailroid Company mid been a party to ibo foreclosure
suits uudur which tho Milwaukee and St. I'aul
Hallway Company beenmu tho purchaser, yet ho
now owns tbo mortgage of ldM and lias
a right to redeem the 200 miles upon
paying oil the prior encumbrances winch
are held hy Iho Milwaukee anil SI. I'uul Hallway Company.
Uul the Si. Paul Company conlldouily asserts 1
Dim Mr. Barnes' mortgage is good lor doming ut ail, j
the parties holding It at tho ttine having been embraced
as dvleudants m tho foreclosure suits under
wliich tho Milwaukee and Su I'uul nought, and a decree
ol tne Circuit < onrl ol the United Status lor Wisconsin
has established that oven originally It was
fraudulent to llio exteul ol about $1,800,000; in nuv
event lie will have lo pay tho Milwaukcu and St. Paul
Company the cost to it ol tho properly of tho foreclosure
sales, which the nllhliivils and papers produced on
iho motion state to have boon about $8,000,000 over ami
above all Iho receipts ol the Milwaukee and Si. Paul
Company Iroiu the property biucs its purchase.
It is mil considered by tiio oitlrcrx ol lite company
that a sale of I lie 200 miles nt $8,uoo,000 would ba u 1
very serious injury, but tlicy liuvo no cxpeuiulton of !
making any such sale, iin<t It is somewhat slguilleaiil
to (Item that whenever tliuauil referred to is started in |
court, it is always used ns a pretext for an atinck on 1
llio stock of the company lor snick jobbing purposes, i
I'll ere is nothing In llio motion now peudiug whicli In- |
volvcs any right of tlio ol<l LaCrorse and Milwuukco :
Jtullroail company or its stockholders ; ami, alter ro I
ponied and citrelul exaininatioiiaol Hie wbolo mat lor, I 1
liavo always, in concurronco with the couusel of llio '
St. Paul Company in Wisconsin (wlio liavo tiad charge |
of Its affairs Irom 1869 down), advited ttin company ;
(lint Its interests arc in iio way endangered by llio
pendency oi ttio suit roierrod to.
My m.'king these corrections you will greatly oblige
IIIo officersol the company as well as tours very respectfully,
F. S. 11A Mi s,
01 counsel for llio M llwaukeo and St. I'aul Company.
in order to olitain tbo other view of llio question
a IIkiiali) reporter w as sent out witb tbo above statuinent
to obtain what inlormatlon be could on tlie
subject. He showed the document to a prominent
Wall street operator, and tbo latter gentleman said:?
"If you waut to got at Ibe bottom facts In that ease
you bud better see ex-Senator Matt Carpenter, as lie
lias spout considerable time workn g it up, and leelg
perfectly conlldcnl tbal llio Milwaukee and St. I'aul
Company will bo forced to relinquish llieir claim to
tbo l,a Crosse and Milwaukee Kailroad, or about 200
miles ol tbo most valuable portion of their properly."
Tbo Hkralo reporter was finally directed to a well
known lawyer, uud the latter gcullcmiin, uftcr gluncuii
over tbo above stuiemenl of the attorney tor tbo
company, pal tho quostiou in anothor light, us follows:?
THK FLAIXTIKk's AMIUKkXT.
This document by the attorney ol llio Milwaukee
and Sk I'aul, purporting lo be a loiter to the IIkkai.d,
lanors with conspicuous ingenuity to being people
with Irrelcvaut legal technicalities The case is really
a very simple olio. The St. I'aul company bus no title
whalovor lo tbo road formerly ownod liy the I,a
Crosse and .Milwaukee, as is admitted, unless the loreclosure
of Hie Humes' mortgage ol 1S5S extinguished
ail title of the I at Crosse and .Milwaukee lo !ls property.
The Milwaukee and M. I'aul, to ull its pleadings, assorts
ttiat tins foreclosure shuts out the old l.a Crosse uud
Milwaukee Company altogether. And yet llio .Supremo
Court ol the l ulled Stales, having lo pass upon too
validity of that very sale, has declared (Minnesota
Company vs. James, 6 Wall;, Toll) that. "It needs no !
uutliorit.es to show that such u sale eullliol be upheld
without sanctioning tbo grossest trnud sod injustice
tu Hie l.a Crosse nu d Milwaukee Com puny, llio mortgagor
uud its creditors. This deceptive notice was
calculated lo destroy nil competition among bidders,
and intended to exclude from tlie purchase every one
except those engaged In the perpetration of the fraud."
iful by virtue ill Ibis foreclosure und subsequent
proceedings founded upon the theory that this lore
closure was vulid, the Milwaukee and .St. I'aul now
........ .......u.u. nun 11 linn ?... ?u?> uiu.n .a.iinum |ll?l V i/l
UK lino. So much lor the cuiiniiik legal dodge* by
which llio ntlornoy oftbc company socks to resist the
suits tb route mug its title. For, It being established
Unit the Lit Crosso mid M llwattkeo was not Uivested ol
lis property by this foreclosure, hold by the ."supreme
Court to bu a Iruud, curtain fuels which the attorney's
circular takes pulus not to nolico destroy his cuso
completely:?
Firti?Tho J.a Crosse k Mllwnukoo Company was
Dover nerved w ith notice in tho suiisoi|ueut proceedings
by which ths Mllwuukoo and St. I'uttl got possussioa of
Its property.
.Second?The proceedings by which that possession
WU8 ohtainoil wore based upou Judgment* which bud
once been paid by the agutils ol llio company, and
wlilcb, by Iraud and collusion w ith olllcors ol tho com* i
pony, wcro uoyerthcloss oulorced against Its property |
lour yoars altorwurd.
Tho attorney suggoHts that ''It would not bn a 1
cry serious injury to the Milwaukee mid St. Paul ;
lo bo deprived ol the properly In dispute, itul llio
Hod miles of roud covered by tlicso Hints urn the
most valuable part of its entire lino, and If it never
legally owned llial road it will bo compelled lo account
to the real owners for earnings during eighteen years, !
amounting to many millions. It is as il a man were
sued lor Ins belly and by way of defence answered that
he did not much euro whether It should be cut out or
not.
The circular represents that Judge Klatchford und
Judge Johnson have both rolused lo grant the motion
ol those who as*til the title of the Milwaukee and Sk
Paul, lit us Is a dodge worthy ol u Tomb* sn.\ sler.
Judge lilutchlord, tillable to hear the case lull), directed
It transferred lo Judge Johnson, nod now Jsdgc
Johnson, alter the cuac has been argued bolero Into,
ha* the papers under advisement und has vol made no
decision. II the attorney were hull as confident of
the result as lie claims to bo bis employers would not
huvb boon ipncily unloading all their spare stock ever
since tlicy had kmiwloitgo of tho nature ol llio ovtdenco
against their claim.
MJU 1 illvKN KAILitOAi'N.
rROrOSM) CONSOLIDATION IIT THE HONDIIOI DKR8
OF A NUMUEH OF BOU THRUM LINES.
A meoiing of gcntlamnn resident In New York '
mid vicinliv, with several Irom I'hiladelpbia, who own
or hold consolidated mortgage bonds of the New Or- j
leans, Jackson and (frost Northern K.nlrond Company,
and ot tlio Mississippi Central Hallroad Company, I
met yesterday lor tho purpose of considering what 1
courso of action was most expedient in view of tho
present condition of tho roads. Over $<1,000,000 worth
of bonds wero raprosented, and letters wero received
from other capitalists who own bonds and are In sympathy
with ibe object oi the masting.
The uioriiim was hold in the directors' room ol
the Illinois central Uanroud Company, No. :U Nassau
street. Mr. i-Uarles Holler presold nnd Mr. T.
Dunn wu* eleciod secretary. Mr. Wilson O. Hunt i
Slated that tho Illinois l ctiiral ltnllroad company, who
hold socond mortgage bonds to a large amount, mvorcd
tlie consolidation of the roads and llisir branches into
one good corporation which could bo operated by the
creditors. This plan seemed the only olio by which
tho stockholders could secure themselves I rem a heavy
3 SHEET.
Iom on their previous investments. There ?u d?fniau<1
for such road, and there could be no doubt ol
IU success uuuer Judicioua and experienced managetueiit.
Looking to tbia and tbo directors of
the Illinois Central Lad taken tbo pro 11 miliary
steps 10 tbo Horn hern courts. and bail met with signal
success Koceiver* bad been appointed. who Lad
taken slops lor tbo past law months, at leael, M see
that the money of the slockholders was uol wasted;
und a loreclosure aalo ot tbe New Orleans, Jacksou
uud Croat Northern Kailroud was advertised to lake
place in Jackson on tbe 17th ol Murcb. The dale ol
tbe sale ol tbe Mississippi ONIril was not >el
deilnilaly fixed, but It would certainly be sold :n the
early part ot April Tbe Illinois Cenirai Kailroad
Company were very desirous that measures should be
token which would enable all Ibe consolulaled bondholders,
II tbey chose, to participate in tbe loreclosure
and tbe purchase ol these railroads The legal
expenses incurred so far bad been very llgbt, and it
wasosilinaled Ibat even if a consolidation w is ofieeted
Ibe lull cost would out average more than $-0 lor each
(AOo bond
Some discussions followed lbs statement, one or two
ot (lie bondholders ihlrfking that a larger portion of
ilieir number should be present bolore any decisive
action was tukuo. There were some difficulties it ibe
way ol terming a joint corporation out ol tbe various 1
roads, uol the least being ibe consent of ttie legislatures
ol each state through wbicb the various lines
and their brunches passed. It was explained Hint ibis
iiiint:uii> II.ai 1101*11 foreseen ana step* taken to guard
aguin-t it. 1 lie work baa been *n successlully areoni- j
pushed tint lUore wss now no doubt ol lb* sam liou of
itiu various legislatures.
on tnniiou of Mr. Hunt a committee of lour wua a|>pointed
to propose a plan for carrying into olivet the
proposed con no elation, with instructions to report as
soon aa possible, The Chair appointed *s inch comin
it low Judge iluiotl ami Messrs William H ostium,
William U Macey and T. B. Alexander. The meeting
til*.*si aljottrned.
AGUILERA'B HUUIAL.
SCENB AT TIIE CUT HAI.L?THE RFQUITM
*I\B??COLORED MEN CABIIT HIS REMAINS
TO THE GRAVE.
Yesterday morning at daylight the atari and stripes
and tlio banner of tuo Republic of Cuba again tloated
at hali-mu-i over tlio doino ol tlio City Hall, in honor
ol tlio obsequies ol General Francisco Y. Aguilen.
Vies I'reaitloiil of the Itepubllc of Cuoa. This la the
flr.-t tltiio ou record that tlio body ?! a foreigner hag
ever been allowed to ho In slnto tu New York City
Hall, and tlio compliment to the struggling Republic
ol Cuba is no email one. During the night and tlio
early hours of the morning thousands ul visitors ?(
all classos looked with toolings ol sorrow and admiration
at the noble face ol tlio dead patriot. Tlio
guards of honor kept watch over tho remains.
At half-past nine tlio pnllbcnrers
gathered In tlio Governor's room, around the
corpse. .Simultaneously there also arrived a
delegation of Cuban Indies, among whom wore Mrs.
Carlos Manuel do Cospodca, widow ol tlio lata President
ol Cuba; Mrs. Carmen Agramoiitedo Armas, Mrs.
Lulst Agrainonlo de Divas, Mrs. Carlotta Ferrer do
Ferrer, Miss Conception Agrainonlo, Miss Mercedes
Agramonto and Dosario Diaz. The Indira, who weru
dressed hi Hie beav.vsi mourning, brought with them
n largo and arliKliually designed crown ol while Mowers
as nu offering to tlio dead. Tho following gontlsnteu
then curried tho cofflu Ironi tlio Governor's mom to
llie henrso awaiting it in (rout of tlio City HallA. del
1*ino, J. Gonzales, S. Artengu, J. 1'ledra, J. Morales
and J. Ileelo. Tim Hearse tlien started lor St. Xuvler's
eliurcli. In Sixteenth street, lollowed by tlio pailbearers.
Then camo the sons of I lie deceased, Antonio
and Klndio; his cous.n, Colonel M. A. Aguilcru, and Mr.
F. Martinez. Then lollowod llin delegation ol ludies
mcuiionod above, lol'owed bv several carriages
containing frieuds and invited guests. 'I tie Itineral
cortege passed up Broadway, down Catiul
stroct, and up South Filth avenue. l.otiq lielore
the luneral processmu reaclred the church
it had become densely crowded. When the
hoarse arrived, tlio front dour ol the church was thrown
open and the body received by tlio priests, and the
party who had taken the body down troin the Governor's
room to the hearse now placed It In position on
supports near the nil nr. Tho pollhcsreis sat to the
right mid left, and comprised tho following gentlemen:
Miguel de Alditnu. J A. Kcbttvorrt, nlllcial ageuis ol it.e
Cuban Republic; Mr. IIiIntro Cisiteros. President of tlio
l.lhnrantea Society Mr .1 .1 linen lit..- IVudlil-ni #>f I -
Sociedad d? la Indcpcndoncia; Cetieru! Martin T.
McMahon, President oi the Cuban Leatoe; Ucneral 0.
K. (iriibim, Vli?i'rraldeol nl Iho Cuban League; Mr.
Charles A. Dana, I.oandro Itnrguc*. J. Hodrlgucz,
Plulurco Onnzulo*, Culonel J. M. Mucins, Kala"l l.on/.a
and J. I'ol.i, Behind the pallbearers mii the eons of
Aguilera, lha ladies' delegation and trlends. Mrs.
Aguilera und her daughters were too prostrated with
grlel to bo present.
til* rkqi'irm ma's.
Then a solemn requiem mas* wiis offered tor the ropesn
ol the soul ot tlio deceased, the Kuv. Father I'olletter
noting as celebrant, assisted by Puttiers (joler
and l'lanle as deacon unit sub-deacon. As the body
was taken out ol the church a curious scone arose :il
tbo door. First, two bands of Cuban and Mexican
musicians pressed iheir service* on Colonel Mucins,
who had charge ol the obsequies, asking to be allowod
to perforin lunoral dirges on the way to tlio receiving
vault :ii Marble Cctnuicry, but the kind odor was declined.
A very larxo number of colored men irniu Culm,
Rome ol i bcin formerly slaves, insisted on their privilege
and right to carry tlio body on their
shoulders to tlio cemetery. Una request was accorded
to. The procession then Inrnicd, everybody wanting
to be close to the colliu, winch was carried by the follow
in a colored men in turns to the Marble Cemetery:?
Agustlli Carols, Jose Chacon, Juan 1'aacual, Kinnon
Koinay, Antonio Vidal, Scraflu Mazana. A brum Seim,
Futgoiiolo itodrigucz, Manuel Corouado, J. Matlcn,
Jose Heine, Juan N'unez, Vicente Janes, C'auiiilo
Covin, Fedorlco Itrunel. Alter I ho rollln wn* placed
In ilie vault a handshaking Willi tlio alllicled sous of
Aguilera look place.
ONE HUNDRED AND FIVE.
"Tlio young may die, but the old must," and although
Hugh Martin long ago passed tlio Scriptural
three score years and ten, and had almost reached the
patriarchal live score years and live, yet iho gravo
claimed him at last. He was born in county Mnnughan,
In the provlnco of Ulster, Ireland where ho
lived lor over sixty years, and emigrated to America
at the age when lha majority of people would begin to
think of preparing for tbo journey to another world.
When tba Irish rebellion ol 179H broxo out Martin was
a young man a little over twenty, and although ho
took uo active part himself in the rebellion his sympathies
were with bis native land, and ho ardently
wished for her emancipation from the KngHuh
yoke. Alicr the failure ol that attempt
to achhvo Independence, Martin, who
had not rendered himself obnoxious to the Knghsh
uulhorulcs, settled down into quiet hie Shortly alter
he married his lirst wile with whom ha liven nearly
lorty years. When ho came to America, over ihiriy
year* ago, his wife came wiili bun. hut did not long
survive, aiivJ litt furrow when alio died wax that kIiq
could not uo hurled under thu "old sod. " a few yeirs
after the death ol lint wile Marttn became weary of
sluglo Ulef.suduc.t8 and chose a young woiuan who kept
u stand ill the Sixth ward to he Ins wile. She was
about twenty years younger than lie. Their married
JiCo, however, was nappy, and she proved an oxceileut
helpmeet. She now survives lo tnuuru lit* death, and
the tears started I ruin her aged eyes and rolled down
bor wrinkled cheeks as she told the story ot the goodncas
unit kindness ol her departed compauion. Said
slio, "He was a good llttlu man. He was good to me;
dIril a better."
For the last three years o( bis lite ho supported himself
and his who principally hy begging, which must
have been a profitable trade, us ho paid |.r> a month for
his reut and was never a burden on the authorities.
Ho was lame and was compelled to use crutches when
lie walked, as ulmul throe years ago. wtnle ho was
working in a cellar, a barrel of oil rolled un htm and
broko Ins leg. Martin never recovered tho use ol Ins
Irg. Ho was always a strong and hearty man and
possessed an almost iron constitution, slid when
ho died it wns not from disease, hut ago and general
debility. He w s sick hill a lew days, and died on
Friday night last nl midnight. His son, John Martin,
who is Ally-seven years old, caino lo iho house where
his lather had lived, No .WO Kasi Twelfth streol, and
in a drunken rage, while his desd father's body laid hi
the house, abused the sorrowing widow and declined
to pay anything inward the burial, and Owen
Martin's body was takuu to tlio Morgue, from whence it
will he interred in a pauper's grave. Mr. hollorh, the
Superintendent of the Outdoor I'oor, olien wanted lo
lake thu aged couple to the Almshouse, hut they were
Independent and would not go. For soino lime'helnro
Ins oestli hu was very childish and weak In his mind,
alilioiigh he retained Ms sight, bearing and other
souse.*. His head wss covered with a lull growth of
black hair, sltpough Ins beard was gray, ana his teeth
remained comparatively good.
MrVf'fltlT. MoTlfU
Tho oBeebo'dora around tho Clijr Ilrtll foul exceed"
Inft'y unconiloruWe, in view oi proponed legislation at
Albany mkiitt; a reduction in llielr *aiaric*.
M?yur Kiy anil Comptroller Kelly have divided in
opiuinn to 111'* number of conitniasloucra winch
diouid conduct the buMincn* of tho dilcroni local aapuri
menu. The former luvor* oue head lor each com.
miKHion, whilo tho latter think* that three arc not loo
innny in nomo tnalancee, such as.tho I'ollco, Fire and
Charitie* and Correction.
City Chamberlain lappnn make* tho following
atntcnicnt of monoya in bta natida during tho past
week Balance, February J7, $1,104,790 04; receipt*,
$i)04,ii(i > 40. payment*, $6si,44fl 67 ; balance,'Fobru.iry
$4, $1,110,460 On.
I lio ordinunco authorizing payment of twenty two
clerk* to mo Board ol Comity Cnnvaaeor* haa not vol
rocuivod the signature ol Mayor hlv. It he Uooa iiol
intorpoao a veto it becoiuce law within tun daya after
passage.
Comptroller Kelly lo-day paid to tho police fund
$174,7ta ;tl tor expeiiae* loemrodlu that departiiionl
during ilie month ol February.
The Finunco Corrinntire ol the Heard or Aldermen
will aouu investigate the charge* a* to non payment
of pergonal luxe* by a largo nuiuoorof woultuy peruoni
hi thla city.
Mow that Comtnlaaloner of Public Work* Camphel
hae cenaed to bo Preaident of tho Conaoiulation Ooa
Company AldermanTuomey'e "hull-dozing" commute*
wilt piobahiv bo dieaotvud.
9
Tit Ml IK ilk
Young Garrity Convirlrd of Xantlinglite*
in tlie Second Degree.
JUDGE BRADY'S SOLEMN CHARGE.
Escaping the Gallows Through
the Mercy of the Jury.
?
Row John Smith In bis effort* to punlib Roliert
Oarraty on ttio 4tb of July last, for lusuliing two
young g ria iu company wttb a gentleman, the fatnof
| oi one ol tbo young ladiee, aa tboy were walking
through Twenty eighth street, near Tenth aveoue;
bow Uurraty, in reined at the attempt to interfere witb
btm, aei/.e<l a carl runs, aim striking Smith over ih<
head, crushrd 111 his skull, killing hint on tbeapot|
how the young desperado was caught and Indicted lor
murder in the drat decree, and liow bis trial ??|
begun a few dava since in ibo Court o( Oyer anil
Terminer before Judge Brady?ill thaao fact*
have already been given in the Hkxalu It ban
also been stated that there never before wit
arraigned at this Court so young a prtaoner upon M
grave a charge. The evidence was most clear and poet*
live aguiuti bun. The only evidence set up or au
templed to be set up was bis intoxication at tbe lime.
On the reassembling ot the Court yeaierday the court
room was crowded, and tbe throng continued
! listening to the summing up of counsel and the cbargd
by Judge lirudy occupying tbe whole day. Tun
j prhoner sal hebiud Ills counsel, Mr. William K. Howe,
anil despite Ins youthful looks wore an expression of
dogged ludinercnrc as to the tin.il result. It was *
! noticeable fact that, although Judge Brady in hi*
' chargo a-smned that the verdict waa cither to bo murder
| In the 11 rat or rccond degroe, and made no reference
whatever to huinicido ol an inferior grade, the jury
I brought in a verdict ol guilty ol manslaughter In tbd
: second degree.
Kl'MMISli CP MT OOl'XMCL
Mr. Uowo made a lengthy and urgent argument for
the prisoner In the Humming up address. It waa very
; evident that I lie lacta ol the oaao wore quite a stumbling
t bloek to one of ovcu bis ex|icrirnco us a criminal law.
ver, and so he occupied his time mainly in appealing
to the symputhios ol tbojury. lie said that, although
ha could m>lju*illy the language ol tho prisoner or I tin
ussuuil commuted by him on tbo dclencoleus girts, ho
yol claimed that the prisoner was only guilty of uinn.
sluugblei in me socmul or third degree, and that tho
highest verdict ut all nagirda should bo the lormcr.
1 He dwell at great lengtti "a the semi-intoxicatcd con.
, Union ol the prisoner, and concluded with an earueiil
nppo.il not to couvict tho prisoner of murder in tho
llrsl degree.
Assistant District Attorney Russell insisted on
verdict ol murder 111 the Ural degree, and urged that
tiurrity had used vile language to two virtuous girls,
ami upou their romonHtruiing, pnsoiiar continued ami
repented iliu tuae.li, and loliowed ibta up by k eking
one ol them. Deceased interfered lor tbn girl's pro.
terlion, and ilia prisoner, Willi murder in Ills heart,
deliberately walked across the street, detached Irom a
carl tho murderous weapon with which he returned
! and crushed In llin skull of tho deceased. This, lio
. contended, wan murder in tho tirst degree, and I li lt
i tho mueuioua deluiicii-that prisoner was so intoxi.
I rated as not Lo ho llhln to dohhnriilo should hn .l..,il.
? ? " " "/
disregarded.
ciiakok iiv ji'mig kraut.
Judgo Hrudv followed mi tit a most clour nnd Impartial
charge. begun l?y staling that tlio case was
one ol very great importance to Uiu prisoner and to
lltu people; that the administration of criminal justice
una always important to itio musses ot tlio people,
who e rightr. to a certain extent, am violated when
criinn la committed ; that It waa impormnt not only to
Hie prisoner because It Involved tna lite or liberty ng
tliey shall ileterinllio, and Important to the people of
I the .Slate, who Intro a right to hi-" that the laws whiclt
th'-y enro l shall l>e rigidly ohaorved bv the peoplo who
dwell within lis borders. Alter thus staling tlio lama
ol the cure ami reviewing tlio trsliiuoiiy, ho concluded
as follows, showing to whul extent passion or drunks
ennesa palliates crime, uud the dillervnce between
murder in the first and aecoud degrees:?
Well, gentlemen ol the.lory, passion is not e defence
to the crime ol murder, because pa-sion should bo in.
i strained. That is an obligation Imposed upon ue not
! only by the I iws ol God. hut by the inws of man; and
! if passion wore an excuse for crinin all that a tuan
would have to do would lie to got hlmsell into that
| condition, or lelgn It, in order to no wliai ho contentplated
in momenta ol deliberation. And nlthnugh in
some aspects ol the iaw ol Hits .state in retereuce to
homicides u is entitled to a place in your considerstiou,
yet stiiudlng by iipolf isolated and nloug
, it lurnishes no excuse lor the perpetration ol
crime, luioximtioii, whou it exists to the ex*
i tent which is couuteuunced by tho law, it a matter also
{ tor your consideration, uud wnen It exists to such ng
! extent that it man is incapaoloot Inrnnng a motive,
' then it necessarily must receive cousiderattoo front
the hands of a Jury; liecuuso you cannot convict a tn*a
I of murder utiles* you can show a do-ign or an tniention,
uud if there be no mental power to form a design of
fortn an mtention, ot course tnu crime is incomplete?necessarily
so. II tlicru is no powor to <orm n motive,
no power to loriti a design, in conse<|uence ol the coni
dii'otiol the ncreou ar sum iroin the use of smrit.
nuns liquors," thou ho will be olilleu to
nc(|iiltul wbero intent mint prevail. Hut yon
in u?t be caroful to *' ? to it that the
condition ot the prisoner in Hum case wan such, arising
Irom liquor, that ho was incapable ol forming a ai?>
live, incapable of conceiving a design, Incapable ol
lormiog an Intention, urn! unions lhat degree ot intoxication
existed at tbn time the blow was given it if
no ilulelico in ibis cane. I remember un expression
Irom (lie IIreek, familiar to ine In my college days,
thai drunkenness is a short Insanity; and although II
is a utiori Insanity, yet it doea uol lurnlsb excuse lor
crime uiiIosn It exists lu tho extent to which 1 havo
| Klalcd, And that Is the luw of this Stale, and that if
| I ho rule ny winch your deliberations are to b?
governed. Now, I need not Hay lo yuu that It is f
duty that every man owes to society lo preserve hif
reason. He owes It lo sbcluty, boiausn wben he do*
parts Irom it voluntarily he exposes society lo the
. dangerous consequences which iimt result troui it;
unu if be voluntarily puis 'himself lu a situation which
renders Into dangerous to other people, and in lb it
1 siiuutiou dues burin he should not complain If he if
called upon to respond lor the lujury he has done. I
now puss io tho suggestions as to murder lu the fl'sl
degree. Murder in the llrst degreo I* "killing from t
deliberate and premeditated design lu effect the ueailx
ol the person kiilod." Deliberation is the act ol
deliberating, the act ol considering ihe oilmen, the act
ol considering the thing to lie done. Premeditation if
Ihe act ol meditating bolereliand, and it does not in
my Judgment requiro any long premeditation or any
Ions deliberation io make a person guiliy ol an or.
lenco within (lie meaning ol iho statute..I.el me illus.
I rule it in Hits wav :?.Suppose, for example, thai I,
having autipatby to a person on tho other iMo of
this court room, should form tlm uesign, sitting herf
where 1 am? deliberately lorm a design?lo kill lum,
and I proceed to do it. and do It, that would be a su111
clem deliberation, a suitlclent premeditation to Instliy
n conviction ol murder in the llrst degree,
lu oilier words, if there bo sufficient time lor the tniml
io act delihvruicly upon a couieinplsiod deed, and tnf
deed Is done, it is murder in the first degreo. Murdof
In the lira I degree is tho formation of ihe doslgn if
kill before the blow is struck, and that make* the dis.
Unction between murder in the tlrnt and murder if
tho second degree. Because murder In the first degr-f
requires deliberation and premeditation, mid mar*
1 dor in Hie second degree only r? quirss th it
the intention lo kill shall be lorined at thf
very instant ol striking tbo blow. 1'tiat is thf
difference hetwoen tho two, ao thnt tr tn thif
csno you come to the conclusion that before the blow
was struck lltere was a deliberate determination of
the bart ot the prisoner at the bar to kill with that carl
rung, that would ho murder in tho llrst degree. If hf
had no such intention, hut at the moment ol striking
the blow toriuod tho lutentian lo kill, then ho woulj
he guilty ot murder in the second degree. If there if
a deliberate purpose to kill, and that is carried oft, be.
fore striking tho blow, that is murder in tho llrst dea
1 gree. It the intention to kill exists only at tho mo.
' nt' Dt of striking the blow, then it le murder in thf
accouu degree.
vunmet ash rkxtkxce.
The Jury wbh out hut a shurt tune when they re*
turned with a verdict ol guilty of manslaughter In thf
............ jvnunai |III?UUVI "
culled upon to receive tun seoieucc, winch JulgA
Brady Imposed a* follows:?
' Y"ii have lieen moat micccasfully defended, and i h?
jury look a mort iik rciIuI now ol your cane. Tin#
nliould he anothnr warning to 'he youth ol Ibm com.
hiunity to uIihi.iiii from Indulgence in intoxicating
liquors During a long experience I bnvo lound iim|
t nine-tenth* ol Ihe (MM ox winch huvo beou heforo m<|
huvn arisen Irom iho pernicious ion of inlnxlratm;J
liquor*. Ho hoped (hut thi* example may deter others.
I ilroru it my duty to pui upon yuii (ho extreme son*
ioiico iho luw provide* lor iho ollenco ol which yoi|
; have heen luuuu guilty, which la ??vcn year* In thQ
State I'rixon, at hard lubor."
Alter receiving hi* sentence young Garritybnwo4
und resumed In* *eat. H>? mother and Irionds clustered
around him, and Mr. Howe conyranlatcd too lata
tor on having saved htm from the gallows.
MILK AND W ATE It MEN.
The Hoard ot Health i* again on the warpath, nn<%
nil the inspector* nro alter the scalp* of those unacrue
pirloas milk dealer* who seek to produce s CroioQ
water famlue by wasting it In thoir trado. Yostsrda?
ten of the sanitary inspectors were supplied with lso?
tometers, and In a lew dayn iho entire force wilt
lio similarly armed with tho mean* of testing tb?
purity ol ihe milk offered lor sain. The Hoard haa as*
lecieu I'rulemor Walter, ol me 8chool ol Mines, 14
nuike cdcinicai analyst* of ihe spouuueus secured, sua
a new ol prosecuting all oflouder*. Yeaiorduy one ig
the itispector* lound milk that had bean skim mad 09
very liuilly "Crotonlsed" at No. 67 East Houston
treat. No. Ml Mott streot, No. 231 Mulberry street
and No. oil Kranklorl street. The .Sanitary Boparin*
tetidcnt expect* 10 bo ablo to have lestad irvnt 20V la
[ JW samples per wa#k. ,
^ Z_