The Brooklyn Daily Eagle from Brooklyn, New York • Page 4

A NEW ENTERPRISE. this ease, it is that of tho $12,000 remaining in 1877, $1,200 of it was kept to pay dobta that bid been eon CLOSED. ESTIMATES. ONE MORE they Increase ten hundred per when there are as many thousands in one year as we have had' hundreds in tho year, does it not call for explanation, and is not the party who has disbursed that money called upon to account for It and explain to yon how he has disbursed 4 O'CLOCK EDflffi Flaherty said. He did not propose to (Ornish evidence to tbj Mayor to help him eeeure his conviction; I mean, take the evidence altogether he answered more than that.

The burden of his song was not that hs did not propose to help the Mayor secure hie conviction, but in hie place he did not propose to use his clerks for the purpose of advancing the Mayor's political schemes, Mr. Tracy Does ho uo the words political schemes The foreman It is that in erabotanco. Mr. Tracy If the jury are to treat the Mayor's efforts to have on investigation as a political scheme, why, of course The juror Mr. Flahorty said It was political scheme or something of that sort, coupling Mr.

Massey with the Mayor, and he did not propose to furnish his olorks WASHINGTON. Special to the Eaglo. r'AsnnfOTOK, May 15. Proctor Knott, Chairman of the Committee on Judiciary, is preparing an address In reply to the President's veto of the bill prohibiting military Interferonoo at elections. Tho address will be submitted to tho Judiciary Committee at its mooting next week, and thereafter be submitted to the House, Senator Thurman is making a great apeeoh In tho Senate to day on the Legislative, Executive and Judicial Appropriation bill.

Debate on the bill will not be finished until next weok. O. HIGHWAY liOBBKBY. Tho Fulton Municipal Ua Company, In the Register's Office, this morning, doeds of the transfer of the property of the Mutual Gas Light Company, of Brooklyn, to Samuel Richards, and from Samuel Richards to James Jourdan, and from James Jourdan to the Fulton Municipal Oas Company, wore duly filed and registered. This last named company has purchased tho property of the Mutual Gas Light Company.

It consisted ot thirty five or forty lots, with buildings, gasometer, wells, pipe, and is located at the oorner of Degraw and Nevins streets. Tho Fulton Municipal Company paid the mutual corporation $72, 000 for the property. The Fulton Muolclpal Gas Company waa incorporated on March 5 last, tho Incorporators being Messrs. Jamas N. Smith, Wm.

Foster, William Schwartzwoelder, Franlt F. Jonos, Henry S. Bonnett, George H. Roberta and Poraeroy P. Dickinson.

The capital of the com pany Is $1,600,000, and the stock has all been taken. Tho subscribers to it are made ud of some of the wealthiest capitalists In Now York sud Brooklyn, and of men whose names are known in commercial cir cles throughout the country. Tho Fulton Company has already commenced work, their mon being now engaged In pumping out wator which had accumulated in the tank wells, and tho oompony propose to start operations a week from next Monday. They propose to manufacture gas by an ontirely new process, one that infringes upon no other patent, and the sole right and patent or which they possess. They intond to furnish a twenty two candle gas to consumers, ot 25 and 30 per cent.

less than they pay at present, and the coinpauy states tbat It will bo ready to supply all demands for gas on December 1, ot this year. Tho oBms are In tho Continental Building, corner of Court and Montague streets. Mr. H. M.

Benedict Is tho President and Mr. Frank F. Jonos tho Secretary'. All further particulars may be obtainod by inquiring at the ofilco. A TRUCE.

The Brooklyn Elevated Eailroad Company in a Pacific Mood. By tho Advice and Direction of Justice Semler, Work is Stopped Temporarily. Tho Case in Court this Morning, but the Examination Postponed. W. Fontaine Bruff, President of the Brooklyn Elevated Eailroad Mr.

Floyd Jones, the contractor, and the forty nino laborers, who were arrested for violating a city ordinanco by digging up thfc street, undor the circumstances already fully reportod In the Eaolk, appeared this morning lu Justice Soulier's Court for examination. Tho caso was set down for eight o'clock, aud at that hour the conrt room aud tho approaches to it wore crowded with parties interested In the proceedings. The majority of tho spectators belonged to the laboring classos, who aro naturally doelrous that tho construction of tho road should be proceeded with a quickly as possible, so that tho millions supposed to bo In the hands of Messrs. Bruff might flow in a direction whero It would do the greatest amount of good. In tho minds of these pooplo thoElovated'Railway Company Is looked upon as a public benefactor, who, In spite of tho obstacles, selfish aud otherwise, Is deter miucd to bestow upon tho citizens of Brooklyn the Inestimable blessing of rapid transit.

In this quarter tha good faith aud sincerity of tho corporation, at whose hoaa stands the gallant Mr. Until, is not called in question, and it naturally follows tbat tho polko authorities come in for A ROUND TX'IIN OF ABUSE for thoir obstructive measures. Such seemed to be tho animating sentiment of the crowd which congregated In and around Justice Soulier's Court this niorniiiR, anxiously anticipating tho decision, which they erroneously supposed would instantly sot pickax, shovel, spade and wheelbarrow In actlvo motion. It waa, however, thoroughly understood beforehand among those bolter ii formed that so far aa tho action of tho police authorities was concerned tho decision of Justico Semler ould have no controlling weight whatever. The Police Board has takon the ground and proposes to maintain It, that no individual or corporation has the right to tear up tho streets without a permit from the Hoard of City Works, aud the whole powor of tho department will be brought to bear to enforco that view of the subject.

To render this position Btlll moro unassailable, the Board of Aldermen ou last Monday passed a resolution which was promptly signed by tho Mtyor, forbidding any railroad company to dig up tho streets without their permission. Tho Elevated Railway Company still maintain that thoir charter gives them tho necessary power to operate ou the streets, tho only approval to thoir plans required being that of Chief Engi neor Van Buron, of tho Board of City Works.wlth which they aro already armod. Tho pollco Interference they, therefore, characterize as and in viow of their expenditure of capital and employment of laborers as outrageous. Whou the caso was called by Justice Semler this morning, Mr. Bruff, who acted as lawyer for and his workmon, answered ready.

Acting Captain Dunn, of the Ninth sub rreciuct, who made the complaints, askod for delay, ponding tho arrival of ox Senator Perry, counsel to tho Police Boord, who had promisod to bo presont to conduct the case for the prosoouttou. Justice Semler thon postponed the examination, but an hour having opsed, and Mr. l'crry not appearing, Mr. Bruff suggested that tho trial liould proceed at tho same tlmo BUJIBENDEIUNO THE BAIL In the case of himself and tho other accused parties. Justice Somlor said that the matter of ball was never seriously considered by him, and that although ball was surrendered he could aot lock up tha prisoners.

At nine o'clock a note waa received from Mr. Perry, stating that it waa impossible for him to attend, but that he would be present to argue tho caso at any other tlmo appointed. JuBtleo Semler thon sot down tho hearing for Saturday morning. Mr. Bruff asked the prlvllego of making a few remarks.

Justico Bcnilcr said tbat by a legislative enactment tho company had two years to finish the road from the 26th Instant, end he did not think that a brief delay would causo them much Injury. So far as his knowledge of the subject waa concornod, ho did not think that tho public had any authority to stop the work, but of courso he might bo mlstakeu. It Is claimed, ho understood, that an amondruont totho city charter was rolled upon by tho police, but ho failed to see how it could stand in tho way of a statute law. This, however, Ib scarcoly tho right place to discuss this question. The matter Bhould be brought before a higher court, through maniaiua or injunction proocodiogs, and, continued Justice Semler, "for your owu sake, Mr.

Bruff, and for tho aako of the public, I would odvlne you to desist from further operations for tho present. I can't Bee that you aro very much pressed or that you will lose anything by a short postponement. Let it rot as it is now, and on Saturday will hear what opposing counsel have to say and closely examine tho law." Mr. Bruff then ciplolnod tho position of the company substantially as bo had done lu an a few days ago with Geueral Jourdan. as published In tho Kaoi.e.

Ho also submitted the correspondence with tho Board of City Works aud tho written approval of Chlff Engineer Van Buron of the plans, a copy of whii li was also banded In. "Allow me, your Honor," ho said, "to mako A PERSONAL EXPLANATION. In tho host of excitement lasi Monday I may havo eald some things which had better bo left uusaitl, and I now wish to make Jtha amtnde honorable. I had no Intention of throwing a slur on or insulting any ono, Bnd I am too much of a gentleman to mako any vulgar aspersions on any city oflicials. I have been misrepresented lu doing so.

Wo will follow tho adviro of your Honor and dosist from further work for the present. As wo may, however, havo some difficulty with our contractor, I would roqueBt you officially order us to stop." Justico Semler I so direct. Tne procpedlngs hero closed. In future tbo police will mako no arreet, but will simply use forco In pre vouting the street from bolng torn up. Ono or mere oiBcorii will be kept on duty at the company's hold quarters, corner of Reld aud Lexington avenue, for the purpose of taking such action as may be deemed necessary.

It. XV. Johns' Asbcbtou Liquid PalllK, Asbestos roofing, boiler coverings, kUhi pack ins. Ac, (or sale byOr.onoE Pool. A So.ss.

Noj. 70 and 7J Fulton st. Hcccption. Wedding parties and socials supplied with every requisite by A. Tnoirpsow, 30 CliDton at.

V. iry or.ier punctually nllod in first class btrlo. CarpclM and furniture Cheaper than ever. Good goods at low prices. That ia what tells.

Civo Geohoe Wilson a call, cor. Myr tlo ar, and Pexrl st. Fifty Per Cent. Saved By using Hiooins' Oeeman Laundhv Soap, be causu it is pure. Ask your grocor for it, and givo it a trial.

BY AUTHORITY OK THE STATE, GEN. G. T. BEAUREGARD. OF LOUISIANA.

OBN. JUBAL A. EARLY, OF VIRGINIA, Will personally arrange all details and saperriae tho extraordinary 8mi Annual Drawing of the Louisiana State Lottery Company, at New Orloan. Tuesdav, June 17. 1 1.

79 prizes, amounting to including one Capital Pmc ol SlUO.OOO; ono Grand Prlle of 450.UOO ono Grand Prio ol $20,000, eto. Tickets, ton dollars, (S10) llalvet. ttn dollars (85); Fifths, two dollars, (32); Tenths, ono dollar. Write for circulars or send addreti to M. A.

DAL'PHIN, P.O. Box 092, New Orleans, or tame ataia Bro'ly. New York. ART SALE. ART NOW ON EXHIBITION FW TC.

HIGHLY IMPORTANT SALS OF BUPBRB OIL PAINTINGS, TO5LUD1NO THE BEST WOIIK8 FORS.ffiiSu At the BROOKLYN ASSEMBLY ROOM8. academy OF MUSIO. ON TUESDAY. WgiJg THURSDAY MAY 20, 21 and 22, at eight o'olock. Arnooc those represented are: AdoJpb Schrejar, ytrboeokhoteo, Carl Beeker, Oerome.

BooiieKau, Rousseau, Ziern, Danbtgny, Roalarta, noutitonn, Oippola, Achenbaob, Koagsron, David Co), Robbo, Laiet. Leto, Mnreio, PorUello. tlolaalle. meet. ioGTaati, veltaa.

Petit, Lebret. Batua, Begone. And many others. Prof. B.

W. Woir, J. H. Beam. J.

O. Brown, A. W. Tbompaon, rait, Walter Blaokman. Thorn Cob, Quarttey, Tbotnaa Moran, Oronur.

Dolph, Scbnchardt, UoOord, Wiggins, DoUaas. Koniett Batteries, Henry, Robert 0. Minor, D. M. Carter.

Tnfld. Btspoam, Cor, 'Ka. EDWARD 80IIRNOK A 80S. Anctlonean. BANKRUPTCY NOTICES.

TN THE DISTRICT COURT OP THE i UNITED STATES. EASTERN DISTRICT OF NBW YORK. Ia the matter otJOHN YOUNG, bankrupt In bankruptcy. Take notice that the third and final general meeting of the creditor! of the above named bankrupt will be held on the 17tb dar of Juno, 1879, at 11 o'olock A. at tba office of and before A.

H. Cunningham, Register In Bankruptcy, No. 169 Montague atrat, Urooxlra, N. for tba purpoiM named In aecllooi 6.UJ3 to 6,18 of the Refuted Statutes of tho United Staioa, and that 1 have filed mr final aocounta aa assignee of the estate of said bankrupt hi aald Court, and that on aatd day of Jane. 17, at 11 o'clock A.

I shall apply to aald Court 'or tbe nttlemetiV of my aald account ma for a discharge from all liability aa aasbrnee of aald estate, la aecofdaace with ib provisions ot tho Revised 8tatuta of IherUnited State. mis TiioilAB Jrf, irscieu uanng mat year, ana the balance was transferred to the Reservoir nnd. Mr. Johnson I will give yon tho preclso figures, and when I give them you will see they are right Mr. Traoy No.

sir; I will not. I have perceived yon have been in confusion, or else I havo, In regard to the Mr. Johnson Mr. Masaey aaya I am right. Mr.

It mu rint rmft fn hn Mr. Traoy I would liko to havo a statement of "this tow. JtirorMoGuiro Thero is ovidonco there was $1,200 Juror WoodhouBO TKav don't ht Mr. Traoy Thoy have disputed it. How imch waa rorcu lur oannu am nuia in ihih Mr.

Johnfion There in nn AvMnnr Tin An thfif Mr. Tracy I say there U. It is not possible that I am Mr. Johnson It was carr tari hvap Mr. Tracv Makinc ti Om tr, nnv nM hlllo TTifnn thousand of that surplus in 1878 was transferred to the revenue fund, and $4,000 of it was retained to pay uum, f.

cutuostij teauuou vj uiat. xnat wae in ouaition to tne oxpeuded makes $70,000 expended in 187R On RftWArK. Ml hia haan I dulging in fancy figuration orbookkeeplng, but the fact is thoy have eiponded in 1878 $66,000 in cash and carried ovor $4,200 to pay bills contracted during that year, and put $15,000 in the revenue fund. That is wuere tne law requires it to go, and I assumo it wont thero in 1878. If Tam mistaken in that, I stand corrected.

That is tho amount of monoy they expended, and I repeat thoy found themselves In posseasion. therefore, of $39,000 in 1878 that was not raised with any expectation that it would be used in the expenditures on the sewers In the ordinary repairs. was raised in the expectation that it would bo ox ponded for cleaning sewers and inspecting sewers fifty seven thousand of it. and there was only $39,000 saved out of it only about $20,000 was requisite for that purpose. Now, that shows you, gentlemen, that this argument that the sewers were out of repair and a larger amount of money was to be needed in order to repair them for 1878 is not well founded.

TheCommon Council and the Board of Estimate acted upon no such supposition. They raised money for cleaning the sewors and they expended it for political purposes, finding themselves in possession of it, except the $19,000, $4,000 of which they kept to pay dobta, and $15,000 they put into the Eevenuefund. Now, gentlemen, I have said all I propose to say on tho subject of these special offolrs in regard to sewors. I come to THE PDBVETOB'B DEPARTMENT. In 1878 and here, again, I Invite your attontion to the figures in the first instance.

It appears from the testimony that in 1877, August, thore was expended in this bureau for maintenance and distribution, $5,376.86. In 1878 there was expendod $8,531.30, making a difference of nearly $3,200 that month. Ill September, 1877, there wae expended $6,573.86, and in 1878 thore was expended $7,901.36, a difference of $1,400. In October, 1877, there was expended $5,776.01 and in October, 1878, there was expended $8,675.47. Mr.

Johnson Your figures are wrong, Mr, Tracy (Ironically) Of course, they are. Am I not following tho table 7 Mr. Johnson You have not added that charge to tho Supply account. mr. Tracy nave given tne ugurcs as tney are as wo (rave them.

You have riven some flenres which vou call supplies, without explaining what it is, and I don't snow wnat it is. Mr, Johnson The payrolls charged It that way. Fourteen hundred dollars. Mr. Tracy Take them as corrected thero by you, there Is Btlll an expenditure of $1,500 In excess.

Iu November, 1877, there was expended $5,357.14, and In 1878, $6,828.08. Corrected by what figures in regard to supplies 7 Mr. Johnson $344. Mr. Traoy That leaves, then, a difference of about $1,200.

In December now I call your attention to the figures, gentlemon, which I think are significant iu this case in December, 1877, there was expended $4,493.04, and in December, 1878, after tho election was over and tho discharges from this bureau had boon bad, thore was expended $1,452.72 a difference of $41 between December, 1877, and December, 1378. Juror McGulre In iavor of 1878 7 Mr. Tracy More in 1878 no, in favor of 1878. For ty ono dollars moro are oxpended in December, 1877, than there was iu December, 1878, You see they had got back to a solid basis, although tho evidence shows they had four gangs on construction in December, 1878, when thoy only had two in September and October. 1878, on construction.

Four gangs were maintained with that mouey in December, 1878, on construction, when only two gangs had been on in September or Octobor, 1878, unless you reckon Martin'Bgang, and I understand him to sav he commenced construction on tho 28th day of October; but it waa a very small gang In the beginning and afterward increased to some Blzo Now, gentlemen, of the Jury, Glbbe tells you, and I think you will agreo with me, that there has been upon this stand no such Intelligent witness in this case as Glbbs, no man who has shown the intimate knowledge of his business aa Glbbs has Bhown. Glbbs tolls you that there was more work done in this department in 1877 than thore was in 1878. You may say that is tho more expression of opinion but Is tho expression of tho opinion of tho best informed man In this oity on this subject, and I don't understand it to bo controverted. Now. centlemen of the Jury, how do you account for that Increase of expenditure What was the nocessity of It 7 I call your attention to the fact that this evidence shows that iu August of this yoar.

when they had but 160 men in this department in this bureau, they discharged forty men, reducing tho number to 120. Now, if thot number of men were sufficient in August to do this work according to tho judgment of thoso Commissioners, what work was Inaugurated Bince that time which Increased that force from 120 to 213 7 Will you toll mo 7 Have they told you? What now work, what work of any descrixition was inaugurated by thlB bureau after that discharge in August, between that time and the first day of December, which justified tho swelling of these payrolls from 120 men to 213 men 7 It ib a queBtion wmcu i aauress to you to answer upon this evidence. Now, there was no now work inaugurated, that thore was no such number of mon required, their employment was not neoossary, and that thoy wore put upon tho rolls not because tho city needed their services, but because politicians needed their employment, and It is was a political necessity instead of a municipal necessity that led to their appointment. I submit to you now tho letters showing tho basis on which these appointments were made. and Bhowing you how those men wore strung along from day to day, just as Mr.

Flaherty says, owing to the amount of pressure that waa brought to boar polit ical pressure to appoint these men. Of courso he did not use the word "political," gentlemon, except as he did in hislotterB. I think I am not doing Mr. Flaherty an injustice when I Bay "political purposes." On the 5th of October thoy had 169 men. Thoy.had got it from August up to uctooer to ieu men, aoout 140 mon about the date of the discharge and tho time when my tablo beglnB.

Now, what necessity arose In the afilars of the city during tho month of October that led to tho appointment of the men, a list of whom I will now givo to you 7 Here is the increase from the first of October On the 2nd day of October thore wore Bix mon appointed; on tho 3rd, there were seven; on tho 4th, thero were three; on the 5th thore was one; total appointed during the week, 23; swelling tho number to 167. Then the next week, on the 7th thero waa appointed one man on tho 9th, three men on the 10th, eight men, and on tho 12th, one man total, thirteen, making now ISO mon. uotooor 14, tuero was eppointea ono man Ootober 17, eight men Octobor 18, two men for that week, 11 men October 21 thoro was appointed one man; uctooer seven men i reaa tneir appointments here yesterday, you will remembor; October 24, three men; October 25, four men; total, fourteen men and October 28, two men October 29, three mon total, 5 mon and on the first of November they appointed one man, making by this list 210 men. Glbbs, on his list, made it 213 men. There Booms to be a discrepancy between our account and Glbbs' of threo men some whore.

Thon you will remembor that on tho eighth of November, throe dayB after election, there was a resolution of the Board passed directing the subordinates to discharge men who were not needed. Three days after election, gentlemen, what work has been accomplished and ended betweon the 3lBt of Octobor and tho 8th of November iu this bureau that led to that order 1 Have they shown you is thero any proof Thou the discharge on the 12 thoy dropped 62 men in pursuance of that resolution passed on the 8th; on tho 14th, 21 men; on the 21st, 12 men; on the 25th, 0 men; on tho 29th, 19 men; On 30th, 6 men. Total from the 12th of November to tho 1st of December of 126 mon. Juror Woodhouse Were any appointments made 7 General Tracy Not that I am aware of. at ie no evidonce of that, leaving 87 mon in thin department on the first day of Deoembor.

Mr. Shaffer Construction was stopped. General Traoy What evidence is that 7 You had four gangs on construction in December; tho ovidenco over and over again repeated is that there wore four gangs on construction, sml has never been disputed at all. This man Glbbs testified to it, and thoro was' no quontion about it, 4 in December and 2 before December Is Glbb'fl evidence, ond with 87 men they were able to carry on thy work of 4 gangs in construction and laying pipe iu December, when, previous to election they needed 213 men and could only spare from that force to arm and equlpp 2 gangs for construction. men, if human language possesses tho power to add to the eloquence of those figures in the condemnation of those dofendeuts, I do not possess it.

Thoy speak to you more eloquently and more poworfully than any language which I possess; they enforce tho evidonce here which demonstrates the corruption and tho rottenness of tills administration in a way which cinnot bo answered. It is impossible to furnish au answer to these figures. I ask you now where is tho evidence that shows you what work was stopped in this bureau "between tho 3lBt of October and the 12th of Novomber when thoy ordered this discharge 7 Iiemember this Is not tho Sewer Bureau whoro Dady discharged forty ono mon on tho 31st of Octobor. This Ib the bureau of Milne, the defendant here, whose entire force was kept on until after election. Then it was seen, three days after olection, that they could spare tho men, and at one fell swoop they took off sixty two.

What work had thcBe sixty two mon Leen doing before olection 7 What necessary work had engaged tha time and business of these sixty two men before olection and enabled these defendants to dispense with them three dayB after? 1 want to call your attention now, in this connection, to THE LANGUAGE OS FLAHERTY TO DADY, "Put this mau on until after election," "Put this man on until after election," "Put this man on tor bearer until after election," repeated, and repeated over and over again in his written correspondence and directions to theso men. Was not the same Instruction givon to Milne, don't their evidence say that in Milne's department they were putting men on until after election, to keep thom until after election, and when olection was over they dispensed with their services 7 Thoy had done their work, tho eocd that had them planted in March when Dady was appointed, had grown and ripened into Its fruit, and the harvest had been gathered on the 6th of November, and thore was no further need for the laborer. Juror McGulre As to Mr. Milne, I would liko to ask ono question, assuming that Mr. MJlno had a guilty knowledge of their transactions, would not tho fact of his being a subordinate coinpell him to follow their Instructions.

General Traoy I am coming tD that. You must bo patient with me. That will explain when I como to It, some things wo havo been acoused of doing in this case, and when I come to It I hope I will not escape it. Now, at the same time that Mr. Glbbs says, thore were 213 men on the roll, there were 63 men engaged at plpo laying and 6 at paving, and 13 at the reservoir, 1 at tho fountain, 6 at the ofilco, 2 at the City Hall, 5 at tho Purveyor's office, leaving on the roll 114 mon In the yard, and of that number or of tho total number they discharged 126, leaving 87 men.

Mr. Johnson I desire to Bay that all theso figures aro disputed by Mr. Burnett on that point. He denies It and puts it at about half taken from the payroll. General Tracy He denies that they were in the yard on the time roll.

I concede there Is a dlscrepency between whoro those men were at work botweon Glbbs and Burnett, if Burnett is tho man, but thoro is no diacro pency, as I understand, as to the total number. Mr. Johnson Not as to the different men. General Traoy That is not tho average number assigned to different duty. Of course, gentlemen, through the month of Octobor they did not have on average of 213.

That Is an absurdity as I have shown you, but they appointed sixty seven men on the 1st of Octobor running all through the month, from beginning of the month to the last, they did not have an average of 213 men, nobody pretends that I am not talking of that at ail but I show you they put on 126 men and kept them on up previous to election, which they were able to discharge three days afterward. Now, I asked them to show us what work in this Purveyor's Bureau had been terminated in that interval, which enabled them to discbarge these men, and I repeat to you, is it not a reinforcement of the instructions made to Dady, "Put those men on until after election 7" Then as to tho number of mon in this bureau. I will briefly recall The fact that Mr. Flaherty after examination had ascertained and determined how many were neeessory for the work, and in connection with General Slocum hod reduced the force. I call your attention to the fact that when he and Mr.

Bennett obtained' political control of this Board, after Mr. Dady bad been appointed, after the question of the election of 1878 was In view, that the men in each of those departments kept increasing, increasing, month by month, nntll it reached this vast number of 103 In the sewer deportment, of the general sewer roll, against 16 the year before, and 213 in October, to the let of November, 1878. They used it all up by February, when it ought to haue lasted uatU May. They had to have money transferred from one department to this. Now, gentlemen, we come to the question of MR.

MHiNB. He is the subordinate of these two Commissioners. That fact ontltlee him to greater consideration in his behalf. This is what alluded to, gentlemen, in the beginning of my remarks, when I sold that unless I misapprehended myself I should state some facts, In fairness to Mr. Milne, which hli counsel had not ventured to comment upon.

The District Attorney's office, in all falrnosB and Justice, did not rank him in with these two Commissioners, They thought that be and Dady were entitled to a separate trial, Mr, Tracy closed his argument at 2 o'clock. In his peroration he mado an eloquent defense of the courso of the Eaoijc in this case and Its attacks generally on pubUo plunderers and corruptlonlsta. The Court took a recess untUl half past three, when Judgo Nollson charged the Jury. James and Francis Duffy, of 50 Mnin street, were arrested yesterday bj Sergeant Caddon on ft charge of assaulting John Donahue, a Smith street car. driver, with a stone and attempting to steal his all' cr watch, whilo he was driving bin oar through Water treat two nights oira, Juttlca Ferry tuts oomralttcd thom both for trial.

it Now, in support ol our theory, MJ. aiassey, rei dent of the Board, testified that the ordinary expenses of maintaining sewers were uniform from year to year, or he knew no reason why they Bhould not be. Mr. Johnson State the testimony on that point, as it is important, accurately. Mr.

Tracv Yes. air. I will do it. Mr. Johnson He said, "I should Judgo they were about the same." Mr.

Tracy He knew no reason why they Bhould not bo. Mr. Flaherty is examined on that question. They loit canea upon to explain it. xney Enew wuere piuohed, and thoy undertook to explain by Mr.

Flaherty, and what was his explanation I repeat to you now what I Raid vafltnrdav. Mr. Johnson That was got out on your oross. Wo Old not admit. We don't tmna mere was any oviuenco.

Mr. Tracy Very well, you did not. You have been acting on tho prinolple In the case of the gin cooktail, I know, all the way through hero. Laughter. Mr.

Johnson We claim there was no ovidenco that work was done. You got it out, Mr. Traoy Well, I will show you we got it out from you. Now, Mr. Flahorty is examined upon that question and ho attempts to account for it, and he told you on the first day when he was Interrogated upon that subject, he testified from his own knowledge that in 18 I tney were compouea to auow tne sewers to go wim out repairs, and had no repairs for the want of money: thoir money ran out, he said, and they could not keep them in repair, and I asked him to specify a single instance where a sewer in 1877 needed repair and did not receive it.

You remember what he said. He speciflod one Bingle instance, and said that he coma not speoiiy any more, and that was the sewer at the foot of Grand street, and they did expend money on that iu 1877 and no saia tney am not complete u. Mr. Johnson State that accurately. Mr.

Traoy I think I have. Mr. Johnson I will state how the Question was. You asked him to specify of his own knowlodge, and be Baia ho could remember; ono oi ms own snowieaga. He said there were numerous complaints; you said, stato them.

Mr. Traoy He could not testify either from his personal knowledge or any official written report except in tho case of Grand street. Ho said they did mako repairs on that in 1877. He said they did not complete it. but he said that no money was oxpendod in 1878 on the Grand street sewer.

Now the first point I make on this subject, gentlemen of the jury, is this That where we state a caso where common sense and all experience show you that our theory it correct, and then when we call the head of a department who gives prima facie evidence that It is correct, and thon when we show you that ten hundred per cent, was expended more in that service ono year than in any other, do wa not make a case that calls upon them to explain and ahow how it came about that tho largely increased expenditure was necessary7 It i a rule of law of almost universal application that a party is never bound to prove a negative that is a thing that 1b almost Impossible to prove. You cannot prove that a tiling aid not occur, dui you con prove mat a tuiug did occur. Now the thing I prove did occur was this large lncreasod expenditure for tho same Bervice. Now are they not compelled to explain the necessity for that increased service Do you believe, gentlemen of tho jury, that If the records of their office explain it or onablo them to explain it, do you believe that If they could have produced ovidenco before you showing what and whero the work had been done for which thismoney was paid, thoy would have attempted, in a case which they say Involves so much to thoir clients of all that is dear in life to them, that they would have restod their case without producing Mr. Johnson Wo did.

General Tracy I think you did not. Mr. Johnson Understand me. Wo show that Mr. Massoy showed you we needed the money for these sixteen Bewers, and we got along with $25,000 less.

General Traoy I shan't forget that. I am ooming to that very soon. Juror McGulre If you are confident that that is tho law, in regard to our not being able to consider whether these men had worked, how is this discussion material? General Traoy It Is only material in the viow that tho court may posBibly differ with mo in the rule of law that 1 lay down to you, and if this question is to be do tormined by yon as to whethor these aots of these individual defendants wore all legal and proper, then comes tho question of the necessity, because, gentlemen, these two Commissioners can be convlotod if thoy conspired together to put men on the payrolls who were not employed by the Board of City Works; that would not affect their subordinates unless they participated in the subsequent stages of this illegal act and aided to consummate it but if the court Bhould hold that the employment of these men by these Individual Commissioners is alid and regular aud bind tho oity, thon the question oomes whether they were employed In good faith, and from a real necessity, or whether they were employed to aid political movements Tsthor than to do necessary and needed work for the clty, and if you find, Junder the instruction of hla Honor, that thoso employments were regular and legal and if you still find that tha employment of tho mon was not necessary, and was put on oy these Commissioners without necessity, you will still convict them. Therefore I have to discuss this question in a doublo aspect. Of course if I was tho Court and if I could know precisely how his Honor was to charge you, then I oould limit my discussion from that standpoint because I repeat to you again, gentlemen, that whatever my views of tho law may be, and however strongly 1 may think, I support them by the cases cited to you, yot you are to take the law from the court, you aro bound to do it, and you are to guide your aotion by his instructions.

Therefore, gentlemen, I say thero is no mistake about these figure and beside they are estoppod from disputing them on this trial becauso, you will remember, that they expressly admitted to you the correotnoss of our figures on sewers by oxpress admissions, and of course we did not Boek to fortify or explain thom under that. They Btand admittod here and can't be disputed figures testified to by Mr. Massey. and you are at liberty to consult no other tables on the subject of Bower figures, except thoso given by Massoy undor tho admissions of counsel on this trial. They can't come in here and make an admission which la to oontrol tho aotion of tho party during the trial, aud thon seek to repudiate it during ie summing up, Mr.

Johnson Then we agreo with you on the figures furnished by Mr. Massey on the second table. Geuoral Tracy Precisely, then we both agree exactly. One table includes the inspection and labor for main taininc ordinary repairs, and the other table Includes tho oost of Inspection, ahd gives you the labor simply. Whero the table that Mr.

Wernberg has just read, where in Rmitnmbnr and October the expenses are Riven as $833 and $904 includes inspection aB well as labor borno on the general sower roil, tno uguros i gove you last night, where the oxpenses were reduced to $400 and $300 in round figures for those respective months, exclude the cost of Inspection and include labor, and that is what I undertook to tell Mr. Johnson last night, that It was a confusion of tablos and not a disagreement of figures. Now, gentlemen of the jury, I coma back to this proposition then, since THIS SUBJECT HAS BEEN BENEWED this morning. What work was done for which $8,500 wnrn Amended in September and Octobor upon tho sewers of this city Where is that work buried out of sight: whero is It concealed? Only $9,000 was sufficient to buy the material and pay for tho labor iu re pairing Hamilton avenue, wmuu go, iw, imvol Btrcot, which cost a little Iosb thau $2,800, and the ditch and Cook street, and other streets which COBt $760.50, when theBe three groat items which have figured in this caso only aggregate $9,000 and odd dollars, where was thn lahor and who the men and who the foreman that had charge of the othor jobs that consumed $8,600 I say thero were no reports. I say that that money is consumed and appropriated in the one hunored and three mon wno wore warning your streets, line Aoaie and other witnesses, and were additions to tho regular gangs for tho inspection of sewer basins.

Not one of them oarried a pole and looked down into tho basins and measured the mud. Not one of these men did the work on the regular eewer gauge, and those gangs were increased and doubled, and that's where tho money went to. It is the only explanation of it. None othor is given, because nono other can be given. It is not possible for us to auppoee that the oounsel charged with an important criminal defonse, involving truly tho reputation of their olients, the good name and fame of Brooklyn as a clty.

would fail to have produced the records ill their own ofilco and confound tho testimony of Mr. Massey, if these reoords would have done it. And now I oite another rule of law applicable to a oase liko this which you will not forget and which is this That a party who has evidence within his power to produce which will explain a fact alleged against him and fails to produce It, tne presumption oi law is tuat no iaus oo aaa avlrinnpA would on acainst him. ThiR is thn presumption of law, and I ask your Honor to make a note of that proposition and instruct the jury accordingly on this subject. Judge Neilson What is that you say about having to produce evidence Geueral Tracy I say thot if they had the records In their office, showing an expenditure of $0,850 thoy wore BOUND TO PBODUOE THOSE EEOOBDS and account for tho expenditures Mr.

Shaffer What, those payrolls Goneral Tracy Of course, they are not tho only evidences. If you ordered work you havo got tho resolutions ordering on your minutes. Searon thoe minutes aud tell me where you ordered work on these sowora. you have got the names of the foremen, produce them. Goutlemen, you have seen during this trial, which has lasted for six woeks on an Indictment preeontod in December, how thoso men who control the mojority of that Board and thus control every subordinate in it, have wielded their power.

That they have tho absolute control over their subordinates, over mon holding placeB at their will, over men acting under, their instruction, and that they have fuli control of every document is admitted. We have nothing except what we get by thoir favor and by tho fear" whioh would bo visited on them by a refusal. Now if thoy have got tho documouts they can explain this expenditure; let them produce It, or if they fail let thom take the penalty which the law gives them for their failure tho presumption being that if produced those documents would condemn and confound them. In my effort last ovening to close my remarks, I omitted several statements of fact, to which I now desire briefly to "refer. It Is the Blvor street eewer.

You will remember, gentlemen, that after Mr. Maseoy refused to sign that roll, and It had been approved by the signatures of Flaherty and Bennett and went to tho Mayor's office tho Mayor refused to pay it, and he sent a letter to the Board requesting them to send him the time book of Mr. Bnrt so that he might compare tho payroll and detect iraud, if any. On that communication going to the Board Mr. Massey offered a resolution directing tho book to be transmitted.

Mr. Flaherty testifies that high words ensued on Mr. Massey'B offering this resolution, and that he got provoked and left the room that the resolution was laid upon the table and that the information called for by the Mayor was refused. What do you think of this, gentlemen, as an indication of guilty knowledge on the part of these two Commissioners? If they believed what they now pretend to believe, that they were Ignorant of any misconduct on the part of their subordinates that thoy were ignorant of any fraud being committed on the city, why were they not quick to give the Mayor tno desired information. I ask you, gentlemen, I ask you to answer me on yonr oaths why you did not do it.

The Mayor is the official head of the city. He Is the elective head of the people of thlB city, and whether we agree with him politically or not, the position he holds entitles him to respect. He had the right to that Information, it was information which he had a right to possess. He had therighttoknow whether there were frauds on that payroll or not. They did not Bend down the book because they knew too well what It disclosed.

Waa it not because they knew that the book disclosed tho faot that no lees than twelve names not appearing on that time book had been added to the payroll on the Municipal Building by the subordinate who rules beside the Commissioners and by tho men with whom they had been in confidential communication all Sum mor long. I repeat, why did they refuse such a re quest? I ask you to tell me why What explanation la there, except the explanation mado by Flaherty to Mr. Massey when he instructed his subordinates not to give Massey posseBBlon of tho records, and when he said that he would not furnish records that were to convict him. Is there any other explanation to offer? Is there any other explanation that can be given? Was not Mr. Flaherty's stato of mind when he sent for that record, which was undor their oontrol and in their office, the same that it was when Massoy sent for tho records He instructed hla subordinates not to givo them up, and when Massey reproached him with what he had done and he said he had not, Massey sent for Van Brunt to oonfront Flaherty' and then Flaherty said he had, and thon he said thai he would not furnish records to convict himself, and thon MasBey replied, If the records will oonvlct you you ought to be convicted." Again, gentlemen, that payroll showed, when Bartow compared It with hla book, that forty per cent, had been added.

Mr. Johnson Who have yon quoted? Mr. Tracy Mr. Flaherty. Mr.

Johnson Then you have incorrectly stated it, Mr. Traoy I have? A Juror You asked him on cross examination if Massey so stated, but I don't recollect that he said he did. Mr. Traoy I think he did possibly I am mistaken. Mr.

Johnson You are widely mistaken. Mr. Tracy It is possible I misquoted his statement of Massey'B reply, but I did not misquote Flaherty's statement to Massey. I marked it well. I am not mistaken that Flaherty used the word "oonviot." We had a dispute whether Glbbs used the record, and I noted it at the tune and I noted it all the way through the testimony of Flaherty, Mr.

Wernberg read from tho Eagle's report "Did not be Bay if the reoords will conviot you you ought to be convicted A. "Ho did not." Mr. Tracy Then I was in error. My mind was running, at the time I was speaking on the use of the word "convict." What does Massey say Mr. Wernberg (reading) "I did not propose to have subordinates of the office turn from their legitimate duties to furnish material to keep them in my connection.

He said, 'If the records ore all right, what are you afraid Mr. Traoy He makes Tracy say, "If tho records are all right what are yon afraid of," That woe a sensible question. The material part of this Interview was that he admits that he refused to allow tho subordinates to furnish the' records to the President of the Board be cause he would not have them to be USED FOB BIS CONVICTION. Now I tay was not his state of mind when ho refused tho Mayor's request precisely what it was when ho refused Mr. Massey? The foreman Now, General, excuse me for Interrupting I doa'f think that la fairly stating what What it is Proposed to Spend Next Year.

Hore Money Wanted for County Purposes Than was Allowed in 1878. Tho Board of Estimate unfit nt hnlf nasi nnn o'olook this afternoon in tho Mayor's office. Tho following additional estimates were received DEPARTMENT OF ASSESSMENT. To the Honorable the Board of Estimate Ir K. 1L.

u. 1 i n. tho following estimate of tho appropriations needed for 1880, for the Department of Assessment oainnes i am nxea or law PratAnf Ann Fi ve Assessors (at each I i i 1 iOO0 rour Assessors tat gj.wu eacn; 12,000 Total $37,000 Apportionment clork 2,200 Map clerk 1JVX1 Mau clerk Conveyance clerk 1 a.v) uenerai clone I3oO General clerk 1,350 Total i 1.000 bpocial clorku (in June and July, to copy 31, 'WO Total Total 84D.9U0 Of tbo salaries fixed bv law. those of thn nrosblont and live assessors will bo subject to reduction at the end 01 tne present term (respectively to 13,500 for tho former and to $3,000 each for tho latter). Tho terms of these will expire when thoir BiiccosBors Rhall havo qualified.

The time for tho appointment of successors of two of the present assessors waa January, 1879. ond of tho remainder it will be December, 1879 but as tho experience of tho past years and tho present one has shown that successors aro sometimes not appointed until after tho IapBe of considerable time, I have felt It necessary to present the estimate as above, knowinu that any excess of appropriotion that may result from reduction of salaries after the expiration of present terms of office will bo equally secure from expenditure as If excluded from tho appropriation. Tho usual amount of expenditure will bo needed for books, blanks, stationery and contintrencles. I do not nresent anv enti mato of theso, bocause they have been heretofore for tho most part estimated and contracted for, in bulk, In connection with supplies for other departments. I have the honor to be, gentlemen, lours very respectfully, John Titnstow, President of the Board ol Assessors, JUSTICE'S COUBT3.

FIUBT DISTniCT. Daniel Kerry, Justice 11. F. Caddon, Clork 1 MJO Kdwimi Moran, Assistant Clerk I.W Mrs. Janitross itj Total $7,710 THTBD DISTRICT.

F. B. Fisher. Justice st i sm C. J.

Rbuinhart, I.hijo Assistant Clerk 1,200 Janitor io Total FLVTH DISTRICT. n. h. Gtiok. Justice ff t.sno 8.

L. Hrdor. Clerk l.fioo Jacob Becker, Interprotor 003 Janitress 210 Total 87.216 THE CITT TBBASURER'S ESTIMATE. City Treasurer Little thiB morning presented the fol lowing estimate for tho expenses of his office, for the ensuing fiscal year Office of the Cm Treasurer, Brooklyn. May 13, 1879.

I Hon. Howell, Mayor Sin According to the standard flxod for salaries In this department, by the Board of Estimate last year, there will be required for tho payment of salaries during the next fiscal year, in tho Treasury Department, tho following amounts For Treasurer's salary $1,000 Deputy Treasurer's salary 2,700 Bookkeeper's salary 1,800 Total 49.500 For messenger service American District Telegraph uompony iuu Total 8 1,000 I will state that I have received 'returns from insur ance agents, amounting to $9,678 about $3,600 of which has been paid tho balance will bo paid In a short time. There Is yet duo on laBt year's returnB, about $200, making a total of about Next September there will be duo and collectable about $3,600, aud this will bo about the annual income hereafter from this source. RcBpectf ully yours, Wm. Mayo Little, Treasurer.

The amount askod for salaries is the samo as that al lowed last yoar by the Board of Estimato. Tho $100 for messenger service is additional in that form, but the department already has tho expense in another Bhapo. The County The Committee on General Taxes of the Board of Supervisors met this morning. Sup. John L.

Ryder in the chair and Sup. Crowoll, Murray, Russell, Byrne and Hanselman. Mr. Cadley, Clerk of tho Board, recorded the proceedings. Tho commltteo took up tho various estimates received from the different county departments and approved them without much change.

The Budgot was presented to tho Board of Estimate this afternoon. It lnoludea all tho Horns for county expenses chargoablo upon tho county with the oxccptlon of the Department of Charities. That is prepared by tho Board of Charities Commlsioners and submitted to tho Board of Estimate direct. The estimato below is therefore exclusive of the Charities Department. President Stranahan appeared before the committee and pre sented the Items given below that are chargeable upon the county.

An Item of $12,600 for tho maintenance of Ocean Parkway, which was In his estimate, was stricken out of the County Budgot, as It Is a charge upon tho city. Tho following is THE COUNT! BUDQET as approved by tho committee Received Estimate. last year. Distriot Attorney $22,500 2.5 l.00 Commissioner of Jurore U.Ooo.OO General Storekeeper. County Wards 25,000 25,000.00 Penitentiary 10,000 10,000.00 Jail 47.81)0 Court Houso 82,400 24.41XJ.OO Morgue 2,000 2.30O.O0 County Court 32.SOO JuBtioeof Sessions 7,000 S.8O0.O0 Supremo Court 37,000 20,000.00 City Court 00,414 39.tl5O.O0 Surrogate's Court 27,490 27.WOO.00 Law Library 3,700,00 Jurors 40,000 42,000.00 G'oronorn 13,500 13,500.00 County Clerk 46,500 Board of Supervisors 63,350 61,500.00 Bridges 6,700 W.OOOOO National Guard 40,000 23,250.00 Printing 18,000 18.000.00 Park Comniissiouors 6,000 5,500.00 Tax rolls 4,200 4,250.00 Principal of county doht 280,000 3tK.0O0.00 Interest on county debt 200,259 221,078.76 LiteroBton loan 12,000 10,000.00 10,000 10,000.00 Total of county for fi.ical year 1M71 exclusive of Department of dualities $1,185,019 $1,169,030.70 DANGEROUS.

A Crash in tlic City Hall Square Tbat HI i lt Have Resulted Seriously. Since workmen have been engaged in palling down Montague Hall, to make way for the new Phonlx building which Ib to bo erected in Court street, near Montague, they have been piling up tho old bricks at tbat point of tho City Hall square directly opposite the building. Tho pile was a largo one and the contractor failed to boo that It waa proporly erected, consequently the laborers constructed It in a hasty and careless manner. Last night it fell with a crash and thousands of bricks rolled ovor tho square In all directions, frightening tho horses on tho cab Btand andnoarly injuring some of thom who wore nearest the pile, Bomo podestrlans also narrowly escaped being killed. Sergeant Ballou, Roundsman Harrold, and Officers Kelly and Eeevea made Inquiries directly after the occurrence, but found that fortunatoly no one was hurt.

Theso bricks have boon a groat obstruction to travel ot this point, and havo also beon an Injury to cab drivers, who pay $15 a year apioco to tho city for the use of the very ground ou which theipllo waB erected. Saveral complaints had been mado to the Board of City Works about it, and Mr. Emanuol said he would attend to it. Somo thlng will bo done now, porhaps. MONEY MARKET.

Stbkbt, May 153 P. M. Among the sales between calls and at the second board were Union Paciflo sinking fund, lit; 0. 0. I.

C. 1st, 76in Erie funding, 78a78ii; C. C. I. C.

Trustee receipts, 74; Rome, Watertown and Ogdensbnrg, 1st, i3ai2 District of Columbia, 87; Bt. Louis, Kansas City and Northern real estate, 103 Wabash let, ax coupon, 109; Erie 1st, consol, lllji; kitto2d consol, Wabash 2d, ox coupon, 84 a84X; Great Western 1st, ex coupon, ditto 2d, ox coupon, 81; Central New Jorsey, convertible, assented, ditto Income, Cincinnati and Sprlngflold 1st, guaranteed by C. C. C. 94; Bt.

Paul and Minneapolis, land grant, 81 Central Now Jor Bey consol, 92 a 92f Lehigh Wllkesbarro assented, 68 a Metropolitan Elevated 1st, 103V a 103 Kansas Paolflo trusteo receipts, 111; Burlington, Cedar Rapids and Northern 1st, 82 Ohio and Miss. 2d, consol, 02; Central Paciflo land grant, 104 ditto 1st, lllf; Fourth National Bank, lOOJtf Denver and Bio Grando 1st, 97 a 90U Missouri, Kansas Toxas 2nd, 35; a 35 Lonisvillo and Nashville 2nd, I01 Delaware and Hudson of 1834, 101 a lOlJtf; U. 8. 4's, coupon, 102; American Dock bonds, 70; Hannibal and 8t. Joseph 8's, 107 New York Central O's of 1883, 103.

A special Philadelphia dlBpatch to Kiornan says taat a consultation of physicians agree that Judgo Asa Packer is to day better than he has boen for threo days, and they are very hopeful. The Bank of England return shows a decrease of .263,000 bullion during the week, but the proportion of reserve to liabilities now stands at SIX against 61 1 16 last week. Tho stock market was a little Irregular this afternoon. The stocks which had been most rapidly advanced fell off, by reason of realizing sales, and some of those tbat had not felt the effect of the bull movement, such as Erie, Rock Island and New York Central improved. Thero was no particular feature In the Gould specialties, except St.

Louis, Kansas City and Northern, which showed a gain of about two per and none Is expected until Gould gets well on bis way westward. Tho speculation In coal shares appears lo bo subsiding. Western Union sold at the highest figure yet reached, this afternoon. 8:15 P.M. The stock market closed Irregular, but generally strong.

The following tablo shows the course of tho Btoo'x market for this day 2:45 P. M. Closing Opening. Hiuet. Lowoav.

3:15 PjM Wabash Central and Hudson Harlem Eri 3 311. 119 UJ I3! SVi 74 48 WH 4GU 1B 10SX 15 146 8Ii 48 Union Paclfio 7 LakB Khnra. 75 Morris and Basex T154 Look 4 Weatfn 57 rlortnweatcm Northwestern Do Rock Wand 134X St. 9 Bt. rout preiemw ma nhfnanrt 1554 rai.

vua n.nmnul tit OX Westom UniCi 109X Paciflo MoiV is Panama 146 Michuiaa Central 62 Delawarr. A BH A ralagrtBB HlinoU Central Tbj following table shows tho bid quotations for Gov. erpunentbondsattho opening and closing of tho market Kirn call. 0. 8.

6s, 1881, regt tered 107 U. 8.0s, 1881. 107 U. B. 5a, 1881, registered J03 U.

8.5a. 1881. oouoon WOK V. a 41 of 1801. reeiaterad 106 n.8.4ot 1801.

oouoon I07k 0. B. t'oVof 1B07. regliterea 02J U. 8.

of 1907, ooapoa irag Added, to the Victims of" Kerosene. A Woman Shockingly Burned In tbe Pros enco of her Hosbaud. A Mrs. Schnltner, who lives at No. 372 Wal labout street, Is now lying at tho point of death In 8t, Catharine' Hospital, suffering with born rocelred Iato lost night.

Her Injuries were the result of an explosion of a lighted kerosene lamp whioh she carried la one hand at her abode. Tho oil having been scattered over her olotbing, tho woman wa In a bright bhue la a moment. Her garmont were burned off her person on tho froat ot her body, and from tbo knees upward tho poor woman' flesh presented a raw, blackened appearance. At tho tlmo of the explosion Mrs. Schuitner wag virtually alone In her rooms, her threo yoang children being asleep In bod.

Knowing her hoaband to bo below stair, Mrs. Schultuor ran to tho floor beneath her apartments Bcreechlng for aid. She waa met by hor husband, who essayed to extinguish hi wife's burning garment, with his hands. In hie effort ho was so tax aucoeasf al an to prevent her being morally ROASTED ALIVr. Hor ultimate recovery, however, 1 not doomed pooai ble.

Mr. SUultnor sustained severe burn on hla hands aud feet. As he tore away hi wife' clothing in the excitement ot the moment, ho threw It at his feet, which were coverod with thin sllppors only. Both his hand and bis feet wore badly blistered by tho flames. Dr.

Eakens afforded temporary relief to the suffering tonplo, In which ho was seconded by Ambulano Surgeon Fleming, who arrived promptly on the soene, Th woman when removed to the honpttal, wo In on Inaen siblo condition, conacqucnt upon her complete nervou procuration. Sho la not expcclod to survive longor than tho ond of the day, Tho husband's condition Is not dangerous. The throo children of this unfortnnato couple, tho eldest of whom ia but tlirci yoars, are being cared for by the aged parents of Mr. Bcbultncr. To day the Kerosene Inspector obtained a small quantity of the eanio oil that was used In the lamp for tho purpose of testing tta quality.

It Is Inferred that the oil must have been of a low grado, Injwhich caso tho dealer will probably hear moro of this case. SMALL THEFTS YESTKBDAT. John Heron, a boy residing at 4G4 Baltic streot, waa arrosted yostorday for stealing root boor from Henry Kuck's grocery store, corner of Fifth avonue and Prospect place. Ho Is bald for trial. This morning while tho clerk who Bleeps in tho hard rraril store of Cbarlei H.

Jacobus No. 926 Fulton Btreet, wax at breakfast, a thief entered by means of skeleton keys and stole $RH worth of plated cutlery. Thirty five dollars waa stolen from the bureau drawer In the sleeping room of Warren Jones, (colored). No. C30 Dean streot, last night, during the absence of hLm aolf and family.

Master Connell, of 271 Franklin avenue, was arrested by Officer Lowers, of tho First Precinct, for stealing atxly cents from Botts' crockery store, 170 Myrtle avonue, whore ho was formerly employed. He Is held for trioL Augustus Wilroy, colored, of 279 Bridge atreet, was arrested by Detective Pierce of tho Twonty nlnth Precinct, New York, and turned over to Detectives Prico and Chambers, of tho First Precinct, In this oity yesterday. Wilroy was employed as a waiter by Mr. A. 1.

Post, of 188 Itemson street, and on January 21 lost, ho left suddenly, taking with him f75 worth of clothing. Justice Walsh committed h(m for examination. Lat evening a pair of shooa valuod at $5, wore stolen from in front of George Parker's etoro No. 679 Fulton street. HAKIMi l'OWDEB, OYAL BAKING POWDER.

Mill OOO TAT BAKtNO it AA Tm A A BAKINO A ALLLfi FUWOUJl ABSOLUTELY PUttB. Dnn't lfl daceifffid by thoifrocor, who may loll joo, for tha purpose uf mailing a Urgor profit. tht some othor bruud just an Rood aa tho Koyal II akin i Powik, Alum baking powders can bo sold at almost any prico, and tho LmnpUtiou to 3cU chftap poisonous powdora in plac of Urn KoVaL, ia very emat. But it in insult to the into! licence of any housovrifts who hia used the Royal to at torn pi to convinco hor that sorao other brand is half aa Rood. Tho hBlth of tho family Is of moro importtneo to her than tho fuvr pennies moro paid for a can ol HoyvL Bahiko Pow DF.ll.

DIt Arc, KEAT BAKGAINS BUMMF.a UOSIKRT FOR LADIES, OBNTLF.MKN AND OniLDHUN. WK OFKKR (75 Am. Ol i. EMURO GOOD OUNTI.KllKK'S RUPKRKINR AT 25 CTS. IDKHKt) IIAI.IIKIUUAO.I.

VALUK, for S5c. 160 doz. MISSUS' FANCY 1IOSB, SILK ClIOKKD. ALL SIZES. THBS1S AKK WORTH from 50 to 60 eta.

150 dor. LADIES' HXTRA FINK DAI. BRIGOAN 1IOSK, at Jv.25 iwr boi or STc. pnr pair. WKHI1 SOLD LAST SEASON at 30 cU.

Uf. doz. OR.NTLKMKN'8 FANCY COLORED HALF I10SH. NF.W STYLUS. Thnoo tfoodj CANNOT bo found elao wheru at LESS than eta.

per pair. lOfl doz. LAD1K3' F.XTRA FINK. FANCY HO.SU, SILK F.MBROl DKRKD. WOVlk BK (JllitAP AT 65 cU.

oor pair. at my, cts. AT 37)4 CTS. AT 37)4 CTS. AT 50 UTS.

IN ADDITION WE OFFER A FULL ASSORTM KN'I Of OAUZE AND GOSSAMER ONDKRWISAIt FOR LAD IKS, CKNTLEMEN AND C111LDRF.N, FROM 25 OTS. UPWARD, FAR BELOW VAI.UB ALSO, A JOB LOT of dor. LADIES' RXTRA FINB GAUZE VESTS, AT 50 SOLD LAST SEASON at 75 cta. A LOT OK GENTLEMEN'S OAUZR VRST8, IN LONG AND HALF SLKKVES, At 37j eta, WORTH 50 eta. LE UOUTlLl.IItR 8 EAST FOURTEENTH STREET; 84.7 BROADWAY, NEW YORK.

CI.OTIIIMC. I OHN PAKET CO. ANNIVERSARY ANNIVERSARY ANNIVERSARY ANNIVERSARY ANNIVERSARY ANNIVERSARY ANNIVERSARY ANNIVERSARY ANNIVERSARY ANNIVERSARY THE FtNKST DISPLAY oy NOVKf.TfES IN SUITS SUITS SUITS Burrs SUITS SUITS SUITS SUITS BU1TS SUITS SUITS SUITS BOYS' AND CHILDREN'S CLOTHING VOB ANNIVERSARY AND SUBSEQUENT WEAR Kvnn ANNIVERSARY I ANNIVERSARY OFFERED IX BROOKLYN ANNIVERSARY ANNIVERSARY ANNIVERSARY 1 I ANNIVERSARY ANNIVERSARY ANNIVERSARY ANNIVERSARY I ANNIVERSARY ANNIVERSARY i ANNIVERSARY ANNIVERSARY I SUITS SUITS BU1TS sEii ova. ADVERTISEMENT DAILY PAPERS TO MORROW, FRIDAY, Ma U3, QUOT1NO GOODS AHD I'UICKS. C8UITB surrs SUITS SUITS i SUITS SUITS SUITS SUITS surrs SUIT.

ANNIVERSARY ANNIVERSARY JOHN PARKT A FASHIONABLE CLOTHlKIia MBff, BOYB AND CHILD II ft J. B. STANTON, Mantcor. tOAND 0l FULION STREET. COR.

OALLATIK PLACE. HOC EKV AMP H'AHK. U'ANT NOTICE. 1 JAS. RORKR A IN ORDER TO CLOSE OUT THEIR ENTIRE STOCK OP CHINA, GLASS.

EARTH EN WARR. FA.NOY GOODS. MAJOLICA, PARIAN. 0UTLEI17. rLATKD WAKE.

AO AC, HAVE TAKEN TEMPORARILY THE 8TOKB NO 501 FULTON STRERT, IMMEDIATELY OWOSITK TllKllt OLD BTOiUS. WHERE THEY INVITE THE INSPECTION OK ALL IN NEED Of THEIR GOODS WHICH WILL HE SOLD REGARDLESS OF COST, TO CLOSE OUT THKIR STOCK. SPKCJAI. NOTICICS. AirnoiN.

i tbi siaion of the rear, while the ijftm la a railical cbsnsn. a ncrid ol troublo coull bo saro. bota aa a prof entire and cure bf the cue of HOLM AN PAD pliced over tbo pit of the tlamacb tar tea Ihi'tr the case requires. Do not ncjlect the ohlldian. IIOLMAN LI FAD CO BROOKLYN BRANCH OFFICES.

No. 248 PULTON 107 BROADWAY. E. D. HOLM AN, M.

I. INVENTOR OF Can be eonsultod ONLY at hi Office, ji' Lafarette arena. Brooklyn, 8 to 12 and to 8 P. H. oa Ciaua ot lb Human System.

IIULSlAn AUUK Ann L.1V Ell rAU, A WORD TO MOTHKRS THK GREAT 8. Annlveraarr laapproacWnx. Tartawfflw newbats. and oar stock oontaio all Ua.Sprtaa; atrfan, arhlob sen at too smallest prone. io wmt jwi momnnL Ru thr hau now! LEGHORNS arar oeros cheaoer.

SPECIAL NOTIOB Tea dan rwralrfd TIOB To dan retralnd jWocJ. i. Bt warned la time, NORTH'S. press ana trim LcGorna. a i ztw rimoB st.

CMOKY CHIMNEYS CURED OlQj'O Tbe "GOTHIC" PATENT Uaiure care whero others fsiL Hundreds ID uocoim an. API'LIUD ON TRIAL FOR So DAYS. J. U. WHITI.KY.

CO UOXEtt ItOTICgt drowned man fonnd at Mart n's Doe. 'J'j aSotit f.t Inrbe. in b.iht,Bio ban Jm? ewar, dark Mm Pant. alarTuaht brow' 3. Km canton flannel drawers, bias Bennal shirt.

Iscea SOOO. not llin at Mersttt for IdanlltKatloo. HENRY O. SIMMS, M. Oofo.sr.

BBANUIS NVljA THURSDAY EVENING, MAY 15, 1879. TELEGRAMS. The General News of the labor Difficulties in England English Cotton Operatiros Going to Canada Tho DismaJ Financial Outlook of Spain, Criminal MatterB. NBWCASTLE ON TVKE, May 15. At a conference between comniittoes of the misters end miners yesterday, two arbitrators were appointed by each Bide to whom' and an umpire, the dlBpute concerning wages In the Durham coal mining district will be loft tor settlement.

The strike of the employes of the Iron manufacturers in London, which wbb begun some months ago, under too auspices of the Amalgamated Society of Englneors, has completely failed. A similar Btrlko at Belfast, Ireland, has resulted in a similar manner. Cotton Operatives (or Canada. London, May 15, The Allan Lino steamer Polynesian, which sailed today from Liverpool for Quobeo and Montreal, carried out among her passengers sixty cottou operatives from Stockport for a cotton mill at Dundae, Ontario, thor9 were 600 applicants for the sixty places. 'i'Uo German Mails.

London, May 15. A dispatch from Berlin to tho Time says "A communication from Washington, D. 0., to the Postmaster Geuoral hero, denies the assertion made some time ago in tho Reichstag by Herr Llobknocht, a Social Democrat, that the United States authorities complained that letters from the United States to Germany were broken open or tampered with," Xlie FrencU Cable Enterprise! Pabib, May 15. The Bourse says: "The Banquo do Castilo has bought 3,800 shares of M. Pouyor Quortier'a French Cable Company." Spain.

I'Anis, May 15. A apodal dispatch from Madrid to Le Temps says "A sensation has been created iu financial circles by a newspaper article showing that in tho next budget tho interest and the redemption of the recently lsBuod treasury bonds will require 34,000,000 pesetas above the pros ent vote for the debt charge, beside which the military, naval and publlo works oxpondituio is increasing, and the direct taxes are falling off through tho crisis In Cot olonia and the high prico of food. But tho customs re ceipta aro eensibly increasing. Tho circumstancos of tho death of tho Dnko of Medi no Cell, which was announced; yostorday, was as follows: Accompanied by his wife he was shooting on his estates, when his gun was accldontly discharged and tho contents longed In his abdomen. He died in a few hours.

France. London, May 15. Tho Paris correspondent of tho Manchester Guardian says "The disposition of tho members of tho Chamber of Deputies toward the Government is generally good. A complete agreoment prevails in the Cabinet. M.

Gambetta regards the situation as oxcollont. Ho donlos tho probability of difficulties on any oruclal question which the Chambers will havo todeclde. The Repub liquc Francam joins the Journal ilea Dcbals in finding fault with the conduct of England on the Greek frontier question, and says, if persisted in it is likely to destroy tho feeling of mutual confidence botwoen tho two countries," American Cattle tor England. New York, May 15. A private cable dlflpatch says All arrangements have beeu completed at Avonuiouth Dock, Bristol, Eugland, for receiving and slaughtering cattle under tho existing regulations of tho Privy Council.

Now Trial Granted. Ballston, K. May 15. A motion for a new trial in the Jones caee was granted this morning, the Court submitting a lengthy opinion, taking ground that tho nowly discovered evidence, as presented by tho defonse, was not cumulatlvo, as claimed by tbo proseoution. Tho District Attorney took issue with the opinion, asserting it to be at variance with tho Judge's chargo iu the case, and thereupon moved that tho trial go to the Court of Oyer and Tor miuor.

Tho motion was granted on the ground that tho Court of Oyor and Terminer was to be hold before tho next sessions. Mr. Jones was admitted to bail in tho sum of $3,000. Sliot and Killed. Medina, N.

May 15. Asa Broughton shot Levant Bancroft, killing him almost instantly, at 11:30 o'clock last night. Broughton came to Bancroft's houso, Just out of tho village Bancroft ejected him from tho premises, and when they reached tho sidowalk broughton fired twice, both shots taking effect. Kiiiglits of Honor. Bobton, May 15.

At yesterday's session of the Kinghts of Honor, tho constitution was amended so as to allow all "Passed" members of the Supreme Lodgo a seat In the lodgo, but without a voice. The event of the day was a complimentary banquet given by Boston Lodge, No. 134, to the visiting delegates of tho Supreme Lodgo. Passed Dictator Woodbury gave tho visitors a cordial welcome, which was replied to by fraternal ami oloquact speeches from promiuout membors of the ordor from most of the Stales ol tho Onion. Tho festivities were kept up till a late hour.

National Trotting Association. Chicago, May 15. Tho of Appeals of tho National Trotting Association, after throe days' session, at the Graud Paciflo Hotel, and decisions In numerous cases, to night decided tho following Important matters In the case of tho hor3e Edwin Forrest, tho Board expollod the following porsons It. C. Pate, of St.

Louis, the owner of Woodford Manibrino Hadduok, the owner of Edwin Forrest, and K. driver of the horse Edward, which won tho raco. The Board likewise suspended until December M. Iligbeo, Gus Glidden, J. J.

Brown and John Beggs. The case was then continuod uutil December, when the National Association will take final action. At the request of William H. Vauderbilt, tho horse, Small Hopes, which was oxpelled before Mr. Vandcr bllt bought him, was reinstated.

In tho caso of Bonosetter vs. Protoldo, growing out of tho inaugural meeting of tho Chicago Jockey Club, the decision was iu favor of Bouesetter. Snot for Mutiny. Washington, May 15, Tho Adjutant General's ofilco has been informed that Captain Lawton, of the Fourth Cavalry, yesterday shot and killed a soldier of the Twenty second Infantry for mutiny at ban Antonio, Texas. Argument Povtponcd.

Pouqhkeepsie, N. May 15. Judge F.mmott having been taken ill, the argument fn tho Brooklyn rapid transit matter has beeu postponed uutil to morrow morning. Weather Probabilities. Washington, May 15.

For the Middle Atlantis States oud New England, southerly winds, warmer, cloudy or partly cloudy weathor, stationary or falling barometer, and iu the southern portions occasional rains. RECORD OF THE THERMOMETER. The following is the record of tho thermometer as kept at the Biiooklyn Daily Eagle office: 2 A. 50 I IU A. 73 ss; 77 6A.

Ol 1 2P 76 70 I IP. 7S Average teraperaturo to day Average temperature flame day last voar o3) BAD BLOOD. Trouble Over tho Late Race Between Collycr and Iovis Alleged Drugging AH Bound. The late seventy five hour raco at Mozart Garden between Sam Collyor, tho boxer, and Chester A. Lewis, tho Gowanus grocery man, has been thooccaslon of much ill feeling between partieB interested in the match.

Collyer, it will be remembered, in spite of the fact that ho was, as alleged, drugged on the second day of the race, walked LewiB, bo to speak, out of his boots, leaving him hardly a leg to stand upon. Lowis camo out of the contest one of the worst beaten pedestrians who evor left the track. Ho does not, howovor, yet appear to have quite got over tho walking mania which seized him about a year ago, but was again out in challengo in Monday's Eaole to Collyer, assigning as a cause for his into defeat some bad treatment he received at the hands of one of his backers, presumed to bo Mr. Robert Calvin, proprietor of the Eagle Hotel, in Carroll street, near Third avenuo. Those who watched tho raco will remember that Lewis was OVERWHELMED WITH ATTENTION.

Ho had both malo and female attendants in abundance, and he scarcely covered a lap without receiving some dainty morsel or soothing beverage at the hands of his faithful trainer. Mr. Calvin had at first tho utmost confidence in his pedestrian powers, but his condition at the end of tho first day was such as to convince him that Mr. Lewis had mado sad mistake when ha abandoned the sale of groceries for the glories of the tan bark. But at the same time be did oil that was possible to keep htm on the track and to encourage him In his weary and distressing work.

Lowis, however, is understood to have placed the responsibility of his defeat on tho shoulders of Mr. Calvin, and bis friends allege that his milk was drugged. Mr. Calvin Is indignant at this allegation, and so far as he is concerned pronounces it utterly false. Lewis, he says, 1b a miserable sham so far as walking Is concerned, a fact which he learned at much expense to bis pooket and much loss oi time.

When Lewis was struck with tbo walking craze he owned a grocery store on Fifth avenue, but overlooking the wants of his customers, laid out a track in tha cellar, and for weeks went into training, finally emerging with the loss of hla business but with, as he eupposed, pedestrian ability to mako a fortune. His seoond challenge to Collyer, which the latter has not yet accepted, would seem to Indicate that he Is still a frightful example of tbo prevailing mania. FAINTED 1H COUBT. Mrs. Fanny Lyle fainted in Justice Guck's Court Room this morning.

She was present to testify against her husband, John Lyle, for brutally beating her. Ho was arrested last night. The woman on covering said she would forgive John If ho would prom lse not to drink any mors, He promised and tho case dismissed, JohnBeid, the florist, of Court nnd State treets, was arrested for reckless driving in Honry treel yesterday. Hs ran over Annie Loddy, aged 26, of 12 Prospect street, both wheel! of his wagon passing over and fracturing her loft leg. Sho was removed to the Long Island College Hospital in an ambulance.

The Argument in the Case of the Commissioners. General Tracj Makes a Striking Exhibit of What the SInecurlsts Cost Brooklyn. Comparisons that Show the Sy stematio Way in Which Men were Crowded on the Payrolls for Political Purposes. Thousands of Dollars that Cannot Hon. estly be Accounted for.

The jury roll In the trial of Flahorty, Bennett and Milue this morning was called at 10:30. There was about tho samo attendance in numbera and quality as heretofore. The' first flf teon or twenty minutes were wasted in trying to ahed light into Juror Woodhouse's mind as to what a part of the ovidonco he had heard really was, and this led to a disousslon botweon counsel and to quite a largo slice of snmming up again by Mr. Johnson, of counsel for tho defense, who was finally brought up with a round turn by General Tracy with the very emphatloannouncement thatas (he defense had already taken four whole days in summing up on their side, he did not propose to allow them to interpolate onother address to the jury in tho midst of his own. Tho proceedings were as follows General Tracy May It please the Court and gentle mon of tho Jury Juror Woodhouso Gonoral, you made a statement, as I understood you, yesterday, comparing September, 1877, with September, 1878, stating, aB 1 understood vou, that loss than $800 were oxpendod In 1877 during that month fpr ordinary repairs, and that $8,600 were expended in September, 1878.

General Tracy It is two months. It embraces September and October of each yoar. Juror WoodboUBe I understood you to say that some $8,000 wore expended for which no service was rendered. Did you say that? Onniirnl Traov Yea for which no Berries Is shown to bo rendered beyond tho ordinary service that was rendered in 1877. Juror Woodhouso Which cost less than $800? Geuoral Tracy Which cost a httlo over $800 between $800 and $900.

Juror Woodhouso I did not understand that to bo tho evidence iu tho caso. 1 do not understand it so now. Gonoral Tracy It Is the evidonce. Mr. Johnson We do not so understand It at all.

General Tracy Then we will settle it right here. Juror McGulre You claim there was no evidence to meet that discrepancy. General Tracy They admitted our eewer figures to be correot, distinctly. Juror WoodhouBC It would be a great relief to me if the counsel would settle whether that $8,000 was spent for nothing, or whether something was received for it. As I now understand tho evidence, work was done for that monoy.

General Tracy I auppoae there is no confusion in the mind of the jury betweon men who are borno on the ordinary sewer roll and men who are borne on these Bpectal rolls for special repairs. Juror Woodhouse Do you call the Hamilton avenue and River street and Cook street special repairs General Tracy Cortainly. Aside from what was ox pouded on those works thore was $8,500 expended in the months of September and Ootober by the gang of mon that is borne on tho general sower roll, who are oon flnod to cleaning and inspecting and ordinary repairs. For that some service in 1877 there was only $800 expended in the two months. Mr.

Johnson Now, where wo differ General Tracy I will tell you where we differ. Mr. Wernberg Here It Is (reading) What was tho expenditure for tha ordinary repairs account In the Bewer department from September 1, 1877, to January 1, 1878, and for the corresponding months in the following year 7" The following table was given in answer 1877. 1B78. September $460.75 Octobor 3:10.75, November 318.50 ttecembor SOS.OOi September $,200.12 October 4,325.25 November 3,275.00 December 1,735.00 General Tracy Now, I con tell Mr.

Johnson where his confusion of figures arises. Wo had two tables givon. Ono embraced tho labor of ordinary repairs and tho other ombvacod inspection and labor for ordinary repairn. Inspection and labor for ordinary repairs in 1877 is $800 a month or thereabouts, and the amount for 1878 is Btlll larger than tho month wn havo given. But when you separate tho labor of ordinary repairs from the Inspection of ordinary repairs, then the table 1b as we havo given it.

have given both tables. Mr. Wernberg Tho amount expended on genera! sewer account in September, 1877, was $833.75 iu October, '78, in November, 78, $871 and in De cemler, '78, $768. Geuoral Tracy That is tho table you called my attention to lost night. Mr.

Wernberg I am giving tho four months same as I gave it before. Mr. Johnson Give the entire tablo same as you have It in ovidenco. Mr. Wernberg Are you disputing the entire table or the four mouths we aro giving you.

September, '78, $4, 479.87 Octobor, '78, $5,000.25 November, '78, $3,419 December, '78, $2,100.25. General Tfaoy Those aro the tables. Juror Woodhouse Tho confusion In my mind Ib this: If $8,000 of work was not done, or $8,000 was expended for work not done, it should appear somowhoro on the payrolls. Now, I do not understand that your payrolls Bhow that anything like $8,000 worth of work was uone wnicn is not accountea lor. General Tracy Tho payrolls do not show what work is done.

Tho payrolls show the monoy expended. Juror Woodhouso Precisely: but cannot you follow thcBo men, to see whethor they roally worked or not General Tracy Wo have followed Mioin. Juror Woodhouso Well, the $8,000 I am speaking about 7 Mr. Johnson All that $8,000 was spent in repairs or sewora. Geueral Tracy Ordinary repairs of sowers: spent aside from the special rolls.

Mr. donnson spent asiae irom tne special rou. xou havo not givon a particle of evidence hero that tho work was not aono, tuat mere waa a sinocuro on tnose rous, I think. There may bo one or two sineourea let mo state it fairly onnorai Tracv wnv aon't vou state it rainy rnoro is a list of your sinecures and I propose to road it. Mr.

oonnBon mere is no eviaence wuatover mat mo work was not done. On my summing up I called at tention to tho fact that Mr. Flahorty said there was moro work done In 1878 than In 1877, ordinary and special. Your retort was that he knew nothing about it. I thon said tho only evidence yon had that there was any uniformity in the amount of work done waB uasney'a estimate, who was noc a mem ber of tho Board at all in 1877.

So that I I repeat thero is no evidence in this caso at ail that tho work which was there paid for was not done. And lot mo say further, (you havo a chance to reply) that it buowb verynorly uniform expenditure from July to December, and that the expenditure, while it was slightly increased in this department, decreased In the other, tho labor. General Tracy Now, I do not propose to go Into tho Engineer's bureau or have you sum up again. You have taken four days already. Mr.

JohnBon Well, thore was ft slight lnereaso In tho labor from July up, and a la rgo decrease iu labor in tho other departments, so that the actual number of laborers Geuoral Tracy I protest. I do not propose to have another speech interpolated here on the part of the defense. Mr. Johnson I ask you to give the full months from July down. Mr.

Tracy Give It, Mr. Wernberg, from May right through. That will Include July. Mr. Wornborg read tho following table 1877.

I 1878. May $1,579.00 Juno 1,549.83 June 2,531.25 July 871.00 Jnly 3.151.75 AUfrUSt Util.lrAUgllHG.. September 833.73 Octobor 904.50 5,000.25 3,4111.00 uctouer November December November H7I.00 December 758.1 2,106.25 Mr. Shaffer I may be permitted to remark that all tho alleged sinecures are upon tho special roll. Mr.

Tracy No, sir. Mr. Shatter With a very few exceptions. Gonoral Tracy Nonsense 1 They are on tho general sower roll. Whero 1b Teale, and where are the rest of these mon who are walking streets and looking down sewer basins Mr.

Johuson Tealo was appointed, I think, the 22nd of October. I do not bolieve'thero la ten days' time In all you havo read of this $8,000. There may bo a hundred, but they are very trifling amounts. Mr. Tracy Now tho jury will understand that these figures do not embrace tho amount of mouey expended for Hamilton avenue, Elver street, Cook steeet, Herkimer street, or Nassau street, and thoBO four special rolls, amounting to $11,000, aro not included in these figures at all.

Juror McGulre You claim it Bhould bo paid out of special rolls. Mr. Tracy Oh, no I claim our claim Is this that what is denominated as ordinary repairs to a sewer are the slight incidental repairs, watching, looking after, of stopping up a small crack here and there that commences: that whenever there is a special repair, amounting to from $150 to $200, there is a gang of mon sent to make that repair, and they aro paid on a speolal roll, and borne on a speolal roll, and do not appear on thi3 roll at all. Juror McGulre That's what I asked. Mr.

Tracy That's it, and THE PRACTICE OP THE DEP AETMENT showB that in 1878, they mado special rolls for repairs amounting to $130 only. That 1b the Nassau roll and tho Herkimer street roll, amounting to $101, wore not repaired by tho men who were borne on this general roll, but wore repaired by a special gang for which a special roll is made out. And now here, I desire to correct a statement I made last night In regard to a paper that I referred to, that had been mado out for Mr. Johnson at tho request of tho defendants in regard to sewer repairs. I stated that that paper showed other special rolls down to as low as $60.

I am mistaken In that. It shows no special roll below $140. Mr. Johnson I should like to see if you have got It. Mr.

Tracy Mr. Hassey will show it to you. Now, our point, with which we opened this case, was that whilo we conceded that what are denominated extraordinary repairs would and properly should vary from year to year, yet the class of repairs known as ordinsry repairs, which were borne upon the general sowor roll, are uniform In character. They muBt be. It takes as many men to inspect sower basins one year as it does in another, only lncreasod by the alight addition that would be made necessary in consequence of new sewers that wore laid, and there were no new sewers laid In 1877.

There was no such increase. There were no more miles of sowers to inspect and guard in 1878 than there were In 1877. Juror Duffy How many men were on the general sewer rolls those two months Mr. Tracy From July to December, Inclusive, in 1877, there waB tho uniform number of 16 men on this work. In July, 1878, they had 60 men on It.

In August it was Increased to 09; men. In September It was increased to 93 men. In Octobor it was Increased to 103 men. Seven times as many as were on the correspond, ing mouth, in 1877. In November it was out down to 7 men, and In Docember to 43 men.

Juror Duffy Was thero any more in the Fall months of 1877? Mr. Tracy Not at all 16 men right straight through all those five months preceding tho election. Juror Duffy That waB not the question what I wanted to get at these rolls wore at the Mayor's office 7 Mr. Tracy General sewer rolls Juror Duffy Yes. How mauy? How many men failed to receive their money 7 Mr.

Traoy About 30. Juror Duffy On the general roll 7 Mr, Tracy We will have that hunted up and tell yon how many on the general sewer roll failed to receive their money. It was only for the month of October, when they failed to receive pay. Mr. Shaffer Wasn't it also the.

September roll 1 Mr. Tracy No, Blr. Mr. Shaffer Wasn't Fox's name there 1 Mr, Tracy Fox's name did appear on it, I think Fox'b does appear. That Is the only exception.

Our theory of the case, I repeat, la that for these ordinary repairs the expense must be uniform from year to year, or substantially uniform. They may be very slightly increased. I compare It to the expense of your running your business from year to year. Unless you Inorease your business, or unless some disaster bef alb you, your ordinary expenses ol running your business are uniform. Tho amount from year to year must necessarily be about the same.

If it has Increased or diminished in any respect materially, you, who have charge of it, and know about it aro able to tell the cause of tho increase. And now to show that they are about uniform, I call your attention to fact that tuui been given La evidence here, in regard to the money received from sewer connections in a year. You will remember that that goes in ana constitutes a part of the sewer fund which may bo expended by the Commissioners. Now, I said In my opening that there was no reason why they should not run with great uniformity from year to year. That is to say in a city of 500,000 inhabitants from year to year the number of new buildings do not greatly increase or vary.

They do slightly, a per centage, but not greatly. The number of people who want to moke sewer connections in this city must be about tho same from year to year. No evidence has been given on this subject that verifies that remark, for in the year 1877 the amount received from sewer connections hi shown to be $20,000, and in 1878, $22,000, or vice versa I.do not.remember whioh. There is $2,000. variation in the receipts.

Well, thore Is a variation of 10 per cent. Now, if these ordinary expenses vary 10 per cant, ono way, tnat is one tenth, it would excite no comment; it wouloj be no subject for criticism; but when Mr. Traoy Well, if the Jal7 mae dhrticHon between his allowing his olorks to do that, that, of course, Is a correct nriHrtiiro. although it la a thin distinction. Tho clerks are there, the subordinates of the Connnis sioners; tney have charge oi tne records, ana tney are the proper persons to furnish extracts from those rec ords.

i. The Commissioners don't Jteep tho records, but the olerkn thm In arnish to any Commlsiionnr wno requirea any information, now, on request to 1111 Jl J.U luruisn tueiniormauon, flu. iwj muu i uei The foreman Yes. Mr. Tranv wnii nnw.

mr point is was not he influ enced by the same state of mind when he refused that request as when he refused the Mayor's request 1 Mr. Johnson He never roinaea tne mayors request. That is emphatio and clear. Mr. Tracy Of course he did not.

When tho President of thn nmiti irmved a resolution that the informa tion be furnlsned, the majority ol the board moved that tne resolution ue on tno wu.o. Mr. Johnson The minutes show Mr. Flaherty was not there, and he swears he was not there. The original minutes read iu this way "Motion lost, Commissioner Bennett voting in the negative." There is no record of Flaherty's vote.

Then right over that record is drawn a pen. The inference Is Flaherty was not thore. A Juror I understood Mr. Flaherty to testify that there was considerable excitement, and that he left, and did not know whether It reached a climax or not, and that afterword Commissioner Bennett came to bis room and told him he understood it had been carried. Mr.

Traoy The juror is substantially right. The resolution waa probably defeated after Mr. Flaherty left the room, as we ore to Infer. Hot words ensued. Mr.

Flahorty loft the room; the vote shows Mr. Bennett votad in the negative, and only two Commissioners were present. One vote in the negative defeats a resolution when two only are present, as it requires a majority to carry a resolution. Now, I am coming to THE OT8TOBY OF IT. Mr.

Flaherty testifies that Mr. Bennett came to his room and asked him what should be done about that resolution, didn't he And he sold that ho thought It had been carried. He Bays he made that remark. How he could have thought that It could have been carried unlesB Bennett voted tor it, I am at a loss to tolL Ho knew that Bennett's voto would defeat it. Bennett left and went out, ond wo find the entry on the record, "Laid on the table." My inference, is that that resolution was laid on the table after that interview between Flaherty and Bennett, in whioh Bennett sought him and asked blm for advice as to what should be done about tho resolution, But, gentlemen, this is splitting hairs.

That resolution was offered when tho three Commissioners were present, and it did not succeed. Now if either of these defendants had voted with Mr. Massey, it would have succeeded. It did not succeed. The Mayor did not get the information from tho Board, but he had to go outside oi tho Board for it, that is the point.

I don't core how it happened or how it didn't happen; I don't care what thin excuses are offered for their failure to account or what are not, there stands the great fact. It was their duty to give tho information that wae applied for, and it was not given. Mr. 8haftor Mr. Massey said, right there, that it waa because Mr.

Bartow took his book to the Mayor. General Traoy Yes, before the next day, certainly. What I say Is that the information which was sought from the Board was not obtained from It, but outside of the Board. If the resolution had been passed when offered, the Board would have transmitted it to tho Mayor. It does help these defendants that tho Mayor got this book with the information from Mr.

Bartow at all, the point that I am making is that he did not get it from them that he asked it from them, that they did not give It to him. and he got It elsewhere before tho next day. Now it Is impossible to shako that, gentleman. Yon may split hairs about It, you may query on this point and on that, but there stands tho fact. They had the information which the Mayor wanted he asked for it and they refused it.

What la the presumption 1 Would they have refused it If Vhey had had no guilty knowledge of what the contents of that book were Do you suppose that if these men wore honest men and that that book would disclose no fraud they would not have sent it to the Mayor in great haste. That they would not at least havo been as earnest and immediate in sending in that information as Mr. Flaherty wanted Dady to be in making one of these appointments Then what is the other presumption, gentlemen, that arises? If goods are stolon and soon afterward they are found in the possession of a person, the prosecution Is not bound to provo that ho stole them. I commend that rule to the counsel for the defense, as illustrating the rule of tho Gin oocktail. Whore stolen goods are fouua In tho possession of a man soon of tor a larceny, that fact alono is sufficient to convict him, and the proseoution aro not bound to prove another fact in the case except the larceny and the discovery of the goods in the possession of tho person.

That is all they are required to prove. It is a well sot tied rule of law. Then, upon that, tho burden of proof is thrown upon him to account for that possession. Ho is bound to call witnesses to prove from whom and under what clroutustances those goods came into his possession and that it was an honest possession. A refusal so to acconnt is evidonce of guilt.

Failure to account is evidence of guilt. And tho prosecution are not bound to provo this man in the immediate presence of the place of the larceny. I repeat that it la a well settled rule of law that the prosecution la not bound to prove a single other fact except the larceny of the goods and the faot that soon after the larceny they were found In Mb possession. Of courBO if great tlmo elapses, thon the presumption may arise that he came by the goods in tho honest course of business the presumption of Rullt is weakened, and after the IapBe of very great time it ifl entirely destroyed. Now here they bad possession of certain information tho Mayor requested it, and they did not give it.

What is tho presumption? Does not it follow that they hod knowledge that that information if it was given would disclose the frauds upon that payroll, which they did not want disclosed And you see that it did disclose a fraud a tremendous fraud upon the city, that payroll. forty per cent, oi tne entire payroll waa irauauient. That was Bartow's payroll. It should have been $838.39, whereas there had been added to It $374.12 fraudulently, making forty per cent, on that single payroll, and that book disclosed it, and would have proved It. MASSEX'B BESOliUTION IN BEOABD TO BIYKB BTBEET BE WEB.

Acfala. centlemen. there was a communication from tho Mayor to the.Board of City Works, askinu for In formation in regard to the Biver street sewer, whereupon President Massey offered the following resolution Ilesolved. That the foreman on the Blvor street eewer be, aud ne is bereby, requirea to mane tne certificate required by tho Mayor." The word was writton on the minuteB, but crossed out, and the words, "Laid over till tho next meeting," written instead. The Mayor called for tho certificate and tho Mayor subsequently obtained possession of the book itself, which gave him the information he wanted.

Now I call your attention to tho fact that upon Bartow's payroll no checks were made out for the men who thus fraudulently appeared on the payroll. Mr. Johnson You are mistaken about that, General they were not only made out, put paid. General Tracy As many of them as were discovered to be fraudulent were not paid. Mr.

Wernberg Fourteen upon that payroll were not paid. Goneral Tracy Yes, gentlemen, fourteen mon whoso, names were on that payroll are not paid. 1 said twelve, yet I must bo contradicted and interrupted. It turns out to have been two more than I stated. HAMILTON AVENUE SEWEB AGAIN.

Now, gentlemen, sb to the Hamilton avonue sower. I call your attention to the fact that there were five foremen on that work, and yet at the time of appointing Clark they appointed MoDonough another foreman for that work, as I understand it. He was appointed a foreman. I call your attention to the fact that he was appointed on the roil as a mason, and that his business was that of a real estate agent; he was not a mason at all. He never did any work, except for half a day, and was discharged.

Juror Duffy How many mon were there on Hamilton avenue? General Traoy Fifty or sixty, at different times. Mr. Johnson Thirty two was tho averago. Goneral Traoy There were five foremen for tho work. If there were thirty two mon there on the avor age, there was a foreman for every six men aud a fraction.

Yet they appointed another man. Did thoy do so becauso they needed him If so, why was he classified as a mason to draw three dollars a day when he was not a mason at all and knew nothing about masonry when he was in fact a real estate agent and never did any work at all When discharged he was taken to Republican Headquarters and drew his pay from there, although they made out tho roll certifying that he was entitled to pay from the city. Mr. Johnson here started to speak when Goneral Tracy said "Please don't interrupt mo until you see whether my statements are correct or not." Mr. Johnson While I was speaking you interrupted me frequently, General.

General Traoy I ask yon to Interrupt me when I am incorrect in my statements, but not otherwise. Taken from our evidence and the rolls there are five foremen. A foreman and inspector. An inspector is a foreman. Bartow was an inspector, yet he was a foreman on tho Biver Btreet Bewer and had charge of it.

Now, gentlemen, one othor fact. We have shown you by our figures that it COBt $5,619.60 in 1878 to lnspoct tho cleaning of the sewers. It cost $5,519.50 for inspecting the contract for cleaning sewers; that is to say, to see that tho contractor did his duty. The contractor was paid for that same period of time $6,780 for doing the work; therefore it cost $5,619.50 to Inspect $6,780 worth of work, and that does not include, gentlemen, the numerous men shown by this evidence to have been appointed and belonged upon the general Bewer roll, and yet ho was assigned to the duty of inspecting sewer basins out Blde of the regular gangs for that purpose. Adding that it cost clearly moro to Inspect this contract than it did to do it.

A simple fact which tells its own tale In connection with this evidence. Now, gentlemen, ono word on the subject of Mr. Johnson's estimates for the maintenance of sewers in 1878. He tells you that everybody tnew that it was going to cost a great deal more for the ordinary repairs AT Bewers in 1878 than in 1877, and hence that, notwithstanding the fact that the Keeney contract had been broken, the Board of Estimate made an appropriation of sixty nine thousand dollars for the yoar 1878, whereas by the breaking of that contract they had aaved over thirty nine thousand dollars. At that rate they had Baved for three months in 1877 and during the whole of 1878.

HiB argument is that, notwithstanding the Keoney contract was broken, the Board of Estimate appropriated Just as much for sowers the next year as thoy had when the contract waa iu force therefore he asks you to infer that there wore largo expenditures on the sewors in 1878. Mr. Johnson I said that the Common Council fixed that amount. General Tracy Well, there Is the evidence of how this thing was done. That the heads of the departments, as early as March or Juno, send in their estimates, Btating the amount of money needed for their work, and that goes to the Common'Council iu January.

It is in evidence that the Board of Estimate fixed that and it goes into tho tax levy and the money Is expended in the year beginning on the first of January next. That is the history of it and the way It is done. The estimate had gone into tho Board of EetlniateB months before tho Keeney contract was broken. Flaherty did not call tho attention of the Board of Estimate to the fact that the Keeney contract had been broken, and that it waa not necessary to raise as much money on that account. The estimates for sewers for 1878 proceeded on the basis of the Keeney contract all through the Summer of 1878.

$69,000 was raised for the maintalnance of sewers, including $51,000 for cleaning, for inspection, leaving instead of $40,000 or $50,000 for ordinary repairs, only $12,000. $42,000 were saved to pay bills already Incurred and the balance turned over to the revenue fund. $66,000 were expended for sewers and $4,000 to pay Mr. Johnson that was kept bock to the beginning of the year. There were $69,000 raised, and "yon get in addition $20,000 from connections, or $32,000.

Mr. Johnson May I state It as I understand it. Mr. Tracy Oh, yes, Mr. Johnson I submit I am not Intruding, and I don't wish to bare you so understand it.

Of the $69,000 raised, which you are discussing, there was $19,000 that was kept book by the Common Council and never come to the Board at all. Thore was $19,000 more that was not spent, $115,000 of wbJoh went Into the Ke venue fund; the balance Of it was carried into Mr. Traoy That Is not so. Mr. Johnson It Is so the paper ahow It.

Mr. Traoy Tho papers do not show It. You have been mystifying and confusing about tho sower expenditures. You have but appropriated raised. Mr.

Johnson Fifty appropriated. Mr. Traey Yon have $69,000 raised. You received $20,000 from connections. That would moke $89,000.

You expended $66,000 beside the $4,000 that yon did not pay in the year and kept book, and that makes $70,000, and the $19,000 yon carried over. uxor MoG aire That included the balance from 1871r Mr. Johnson Certainly, I will give yon the exact figures to a dollar. Mr. Tracy How madt do yon say yon expended Mr.

Johnson $66,000 I don't know whether it In clndea $1,200 from the previous year or not. Probably $65,000 or $06,000. Mr. Tracy Didn't yon carry over $4,000 for old debts contracted during the year Mr. Johnson They oarried over $4,000.

Mr. Traoy The law Is this. It requirea that there shall bo transferred to tho Bevenue Fund any ascertained balance during the year. Now, that ascertained balance is the balance that will remain after paying debts contracted daring that year. That is the ascertained balance.

Now, there was $16,000 transferred to the revenue fund and $4,200 or thereabouts kept to pay old debts. Mr. Johnson No, sir. Kept, not to pay old debts. Mr.

Traoy That is tho evidence. Kept to pay old debts. What was It kept fori jj Mr. Johuson For the same reason that $12,000 was kept from 1677 Mr. Trao, $1,200, Mr, Johnson $12,000.

Here is $5,000 carried over to 1879. Mr, Tracy if Shore is any (act testilloa to horo In A little girl named Delia Christie, of 493 Flushing avenue, was sent to tho grocery store on tho 3rd of May to buy some articles. As she left tho store she had a twenty five cent piece in her hand. On the corner of Sponcer street and FluBhing avenuo an old woman named SuBan Higglns Btruck the girl and knocked the money out of her band. Mrs.

Higglns put the cash into her pocket and moved away despite tho entreaties of the child. The girl cried so loudly that Officer Spelman heard her and went to her assistance. He arrested who was brought before Justice Semler this morning. She said on the day mentioned sho was so' drunk that she did not know whether Bho was in Brooklyn or not. The Judge thought that sho was a fit subject for the Grand Jury, but ho would try her with six months in the Penitentiary.

AT ALBANY. The Bays of the Growing Short. But a Week Left of the Session of 1878. Brooklyn Measures Advancing to the Last Stage Tho Atlantic Avenue Ele rated Railroad Bill and the Opposition Before the Governor. Special to tho Eagle.

Albany, N. May 15, Tho day for final adjournment has been agreed upon, On tho 22d of May the Legislature of 1879 will pass into history. Tho Senato has agreed to tho Assembly resolution and tho poople, and especially tho corporations, may breathe freer by reason of it. So far as Brooklyn is concerned it may bo said that all tho good that can bo accomplished In tho Legislature for your city must bo begun and finished in tne next weok. Tho Tax Consolidation, tho Single Headed Commission, tho Arrearages and tho Elevated Railroad Compensation bills are all yet in their first stages and tho work upon them which will bring them to advancement must bo sharp and keon.

The bills relative to Brooklyn which have been advanced are not many as yet. Senator Jacobs' bill to refund the county bonded indebtedness at a rate of Interest not to exceed five per cent, was reported favorably this morning in the Senate, and upon tho motion of Mr. Tallmadge was, by unanimous consent, ordered to a third reading in the Assembly. This bill, It is understood, is anxiously desired by Mayor Howell. As no opposition has boou manifested as yot it is reasonable to suppoBO that within the next two or throo days tho bill will be passed.

This morning Mr. Flynn endeavored to havo tho bill introduced by Mr. Ogdon, providing for compensation for damages resulting from tho building of elevated roads in Brooklyn, referred to the delegation from Kings County, with power to report complete. Tho moaning of this is that if so reported the bill would go upon tho order of third reading, thus skipping tho Committee of the Whole but Mr. Langboln objected and tho attempt failed.

Members outside of Kings have manifested a great interest in this bill. Previous efforts at advancement havo been met with objections from tho Speaker, Mr. Alvord. Now Mr. Langbcln steps Into the breach.

This is a determined purpose upon tho part of somebody to prevent legislation upon this subject. Senator Jacobs' bill to authorizes the adoption of a new system of hydrant connections in tho City of Brooklyn has passed tho Senate. By this bill the Common Council is authorized to alter or change tho present system and adopt such other syBtcm as may be for the best interest of the city, and if a change is adopted to direct the Controller to issue certificates of indebtedness to meet tho expense of such ohange, and the amount thereof 1b to be raised by taxation. This bill appropriates no monoy, and tho bill Is not mandatory. It is asked for by the Board of Underwriters, The Exciso bill was beaten in tho Assembly, by 53 to C4, This ouds oxciso legislation for this Sfjlooal.

Special Correspondence of the Eagle, Albany, May 14. The session draws to a close. The Assembly has already passed a joint resolution fixing tho date final adjournment for the 22d instant, and the probability is that tho Senate will odopt tho resolution tomorrow, nenee there Is not morej than a week of tho session left. If tho Senate agree to tho Houso resolution, tho Hno work of legislation will begin at once. The season of sharp tricks, keen parliamentary devices and Jobs will bogln in good earnest.

It will bo the season when tho member, serving for tho first session and who, having In his own opinion beoomo thoroughly acquainted with tho modes of legislation, will suddonly reach the conclusion that he does not know as much about legislation as he did tho first, day he took his seat. It will be tho day when the experienced member is tho master and tho now member tho victim. Usually, at this stage of tho session, disousslon and argument ceaso, but to day, in tho Sonate, ono might have beeu excused in supposing that it waB the first, instead of tho last weok of tho session. For an hour the Senators debated a bill, tho purpose of which is to provide an adequate punishment for tramps. Nor was thlB all.

Senator StcCarthy's bill to abolish the ofilco of Stato Commissioner In Lunacy, brought out a sharp debate between the movor of tho bill and Sonator Pierce, of your city. Tho Sonator made an eloquent dofonso of Dr. Ordronaux, tho present lnoumbont, who had been bitterly attacked by the Syracuse Senator, and with such effect, that the Senate struck out the onactlng thus killing tho bill. In tho Assembly, however, the membors spent Httlo time in discussing questions, but devoted themselves to passing bills, Several moasuros of importance to Brooklyn made their appearance upon the eurfaoe today. The bill to lay out tho city Into four civil and criminal judicial districts, with a civil and criminal Justice, to bo elected by the voters of oach district, passed tho House, but not until Mr.

StephenBon had succeeded in gotting ono or two embarrassing amendments. One was that only attorneys at law and ex Justices should be eligible to election to these offices, and the other was that all fees resulting from tho trial of landlord and tenant cases should be coverod luto the city treasury. Mr. Flynn opposed the passage of tho bill with much vigor, and declared with no httle emphasis that the bill was being urged through at the instigation of and solely for the benefit of Francis Fisher. Mr.

Clancy opposed it, upon tho ground that tho people of Kings County wore satisfied with tho present condition of affairs whilo Mr. Douglass predicted that the bill would be beheaded as soon as it reached tho Executive Chamber. Mr. Sheridan's bill, providing that tho city deficiency debt should bo ref undod at a rate of interest not exceeding five per and authorizing the issue of bonds of small denominations at this rate, came back from tho Senato with serious amendments. The section which provided that $100,000 a year should bo raised by taxation as a sinking fund to meet the principal of the bouds, the issue of which Is authorized under this bill, has been stricken out.

Mr. Tallmadge noted this fact and asked that the House should not concur in tho Senate amondmonts. This was agreed upon and a Conference Committee upon the part of tho House wae forthwith appointed. Assemblyman Poarso's General Rapid Transit bill camo back from tho Senate, with an adroitly worded clause which repealed tho charters of tho Brooklyn Steam Transit and Brooklyn Elevated Railroads. ThlB was made apparent, and tho House rofused to concur, and upon this a conference committee was appointed.

Senator JacobB' bill, providing for tho refunding of the county bonded indebtedness at a rato of interest not to exceed five per has passed tho Senato and will meet with a favorable rocoption in tho House. The Health Board Job, which provides that tho Health Board and tho Board of City Works shall sit as one board to extend the outlet of thaThird avenue sewer into deeper water, has passed tho Assembly and haB, by no meanB, met with the opposition tho bill should se oure. It is to be hoped that in the Senate tho bill will be so amended that the Health Board Is strickon outt and the work, If necessary, be intrusted to the Board of City Works, to which it naturally belongs. Tho amended County Treasurer's bill has finally passed and goes to the Governor. The Pierce bill, providing for compensation for damagos resulting from the building and operation of elevated railroads, has been reported favorably from tho Senate Railroad Committee.

This bill is Identically the same as the Ogden bill, which is now pending in tho Lower branch, and which, I may parenthetically remark, is opposed by its mover, Mr. Ogden. The Police Pension Fund bill has been reported favorably from tho Senate Commltteo and has been ordered to a third reading. From the looks of tho desk this evening at the time of adjournment tho bill will bo up for a third reading to morrow. Tho bill providing that the Sixth avenne Baptist Church should be relioved from the assessment for re paving Sixth avenuo, trom Union street to FJatbush avenue, haB been ordered to a third reading la tho Senato.

There will doubtless be made an effort In a day or two, to pass tbo Items of the Supplies bill, vetoed by the Governor. This Is to be done, if done at all, by the combination known as clubbing. That Is, every Senator whose particular item has been ruthlessly cut out by the Governor, will combine to pass all his colleagues may pass. Whether the attempt will be a success or not remains to bo seen, Mr. Richardson, who bos been roDrvolloDBly successful in getting his Atlantlo avenue Elevated Railroad bill through the Legislature, finds, upon arriving In Albany to night, the symptoms of a check In the Executive Chamber.

True, the Governor has not taken up the bill for serious consideration yet, but be has listened to Messrs. Thomas Kinsella, William O. DeWitt, Hugh Boyd and John Phillips, who represented the property owners upon the Hue of the proposed road. A brief has beeu submitted to tho Governor, which embraces the ideas and views of the property owners. It Is said that tho Governor will consider the bill from the constitutional standpoint alone.

Upon this there is said by eminent counsol lo be very serious question, and it is stated that if tho Governor should call upon the Attorney General that thai official would give it as hla opinion that the bill 1b unconstitutional. This bill promises at this time to be tbo only bill of a sensational nature, affecting Brooklyn, which will eugage attention. 8 UJOlX..