JIM IRVING ON TRIAL K Striking Illustration of the Late Style of Conducting an Election. The Murderous Assault on Marshal Dowley. Ex-Judge Pierrepont Special Prosecutor. Tweteraay the December ternv erttie United States Circuit Court opened at eleven o'clock, before Judge Benedict. At thttlioura considerable num ber of lawyers and of the pnotic generally, wltn a large sprlnWing of politicians of the ex Tammany stripe, were in attendance, expecting to hear the development* to be made ou the trial of Jim Irving, ?x-Member ol Assembly, who Is Indicted for violent assault upon Deputy Marshal Dowley. The irrepres sible Jim himself was. of course, present, looking as IIU would please him to put a French roof on the Dinner Attorney or any other man. He was repre sented by sx-Judge Fullerton, Mr. Charles Douohue and Mr. Charles 8. Spencer as counsel, and ex Judge Pierrepont appeared as special District Attor ney to conduct the prosecution, with Mr. Davis and Mr.'Purely as assistants. OPENING PROCEEDINGS. District Attorney Dans said that, under the pro visions ol the Judiciary act, the Attorney General had appointed Hie Hon. Edwards Pierrepont special attorney, una be moved that Mr. Pierrepont take the oa he. Mr. I'lKuttKPONT accordingly took the oaths. The Court?Have you uuy criminal business to move, Mr. District Attorney t The District attorney?a large number of cases. 1 move (his morning Hie case of THE INirEl) STATES VS. JAMES IRVING. The couitr-lt Is tue first case on the calendar. Call the defendant. Mr. Kcli.bkton, ono of Irvtng's counsel?We are ready. Judge Benedict then called the criminal calen dar. MINER, THE ALLGED OOlTtTERFEITBR. In tins case Mr. Phelps, of counsel for defendant, ?aid that ho shou'd bo ready for trial but there was a lutge number of witnesses to bo brought from a distance, and ho did not wish them to De brought here unnecessarily, ne asked tlie government to name a day lor the trial. Mr. Fullerton?We are reaay to try the case If the goverumant will fix a particular day. After so ue further discussion the District At torney fixed Monday next for the trlai or the case. 8WEARING A JURT. Mr. Stllwell, Deputy Clerk of the Court, then pro ceeded to call and swear a Jury for the trial of Jim Irving. Mr. Baocock, the first Juror called, was questioned as to whether he had read or this case and come to any conclusion about It. lie Bald, "I have heard of the case, though 1 did not go Into the details, and I have lormed no opinion about it." lie was sworn. Mr. Made, the next Juror, wai similarly ques tions 1. lie said he liad seen an account of the thing In tho papers, with a heading, but did not read it ?no had formed no opinion abom it. He was tworn. Mr. Gregory. In reply to Rlmliar Interrogatories, ?aid lie had heard of the case, but had formed no opinion or impression about it. Sworn. Mr. dale was questioned in the same fashion and gave answers tho same as the above. Sworn. Mr. o.ement Jewett stated, in reply to questions, mat he had heard ol the caso, but did not recollect having read it. Ue had loriuea no opinion on It at Mr. Gage, Mr. Goodall, Mr. Page, Mr. Douglass, Mr. Kainey and the other jurors sworn all gave hps wets exactly tho same as those brought out by the interrogatories to the otner Jurors. NAMES OF TUE IUKORN. Kingman F. Pago, Edwara Gage, W ill la in Gale, Francis GoodaU, Hanrv S. Gregory, William Douglass. Jarvla sioue, Gouverneur M. Hatnev Samuel D. Babcock, Electa* Hamsdale. Clemont Jewell, Seiah U. UUL MR. P1KIIKKPONT OPENS FOB THE rB lSBOCTTIOJf. ?r. Pierrepont stated the case for the proseco* tton. Ho said:?If Your Houor please, it is fit that I should state ho w it nappeus that I appear in uns case M Special District Attorney, und sworn In as f have been, it was expected this case would be tried teveral days ago before Judge Woodruff. My lriend the District Attorney, juugc Davis, was to have tried the case; but a sad aniiction happened in his famtly in the death of his daughter. He was called hway irom hlsoitlce. and he sent one of his assist Rnis asking if I would try the case lu consequence 01 that afillctlon. J agreed to do so, and he sent to the Attorney General for a commission making my appointment, it is in this way, gentlemen, that 1 appour in tins case. The case I now proseut to you Is one very rareiy presented to any jurv, I hopo it u the only one of the kiu 1 that has ever been pre sented to a Jury, indeed, I hardly knew oi such a base before, lou arc to try the prisoner for reacumg a prisoner who was taken under a Warrant ol the United Mates Marshal, and beating the Marshal who had taken the prisoner near unto oeaih, so much so that when ball was fixed In tho case the surgeons testified they did not think he woulu live, 'ihe Marsual who was beaten in tho discharge of bis duty will be ou the stand. He is a inlid, genial, amiable man whom 1 have known lor long years. Do took the warrant under tho illrec tn.u oi tliiB Court to arrest a prisoner charged with crime, in gentle, mild way, without violence of any mud, ne took the prisoner to bring him oeiore a magistrate. The prisoner is taken irom him, and the Marshal Is beaten, as 1 said before, near nuio ?f., The P^oner rescued is sriii at large. Vthough we will show you that every effort to find him has oecu made. The rescued man has oeen put out of the way. und the Deputy Marshal was put ncurly out of lite. The prisoner is named James Irv ing, or, as ho Is generally known, -Jim Irving." You have heard of Jim Irving, and you win hear more of r? ,v,fu.u mal- 1 never Bn* mi" until withm tho tast thirty minutes, when he was pointed out to mo by counsel, and ho Is now here ou trial for rescuing a prisoner irom ihe custody of iho Deputy Marshal and beating the Marshal almost to death. Tho Kerime is made a misdemeanor by statute and the nniaunient is exceedingly light; lor it was not be ?w^cn u,c lliw was Pwsed thai a criminal S5?tM?^.Ukeii away rroulll,c Marshal and the lat ter killed or nearly so. Iu this case you will have ue witnesses here who saw the wuo.c of tnls affair You will have mo warrant before you and you will have the Marshal before you who was serving It. There is no mistake about the warrant or t'je Mar: ?hoi or any or the facts. The warrant which 1 now ?bow you is the one mat will be given in evidence. It is a bloody one. It Is covered ivuh the biood of the Marshal, who, In an houest mode, was Irving to serve it; mat blood was drawn by the prisoner who is now on trial beioro you. When the evi dence is in and ail the facts are pre set! ted to you, you will be asked to sav whether tlio facts are ptoved as charged in the ni dlctiueut. lucre is no dispute as io the facts do dispute as to the warrant or as to the man who signed it or whose blood is now upon m There win I be no dispute about the inau who commuted tlie doed nor about me place where It was done I ?hail prove to you in the beginning the correctness i ol this diagram?(exhibiting a diagram)?which will be necessary to a fair investigation of this case. The diagram was taken on tlie ground, and you may be sure it is ijulte correct. Counsel then i Pointed out on the diagram the situation occupied at avenue it aim Fifteenth street r?jr a building or grog- auop, opposite to which ttie outrage occurred. The building, he said, was occupied by a man named Owen Ueoglieg ;n, and he was the man wnorn tue Marsliul arrested under tlie warrant alluded to, aud Owen Oeoghegan was the poison rescued by Jiin Irving, who beat the Marshal. Oeoghegan kept the grogshop on one cot iter, and by looking at the dia fram the jury would see that at one corner a public ?s lamp stooa. at another corner unothcrlamp, and ?iano hcr point another lamp, all being lighted, ue hour at which the outrage occurred was b<*. tween nine aud hutf-pa-t nine in the evening, On avenue A side was an entrance to (lie liijuoi store. Then were three large gmss windows, oue of them Opening down to the ground as a door, and on the riiteenm street side ure three windows, and At the black place ou the diagram is a dooi entering the budding ou Fltteeuih sucet, near w hich Is a lamp. At hum point, near me lamp. Jim irviug and three !?iu^h?^i.hirVf {'p 10 a carr,a?e- Tie Marshal, witn three other men. were Handing on the corner for the purpose of finding Oeoghegan. oue of litem did not know mm but thev were i, id that at m? O'ciock Oeoghegan was to he there to keep an fiD pomtmerit with Jim Irving. They couMec neat v went Hiere at nine o'clock, or a tew mtnutea toil The Marshal, wlin his awstftants, stood there for the purpose of finding out where Geogheaan was, ami while tbe.c Irving dro* m, fit-ni Fifteenth sireet with ins companions and came round to avenue B and went mm the -a^ loou there. Noon alter lie came out and walked to. w ai ds his coach wim bis companions. Uooghcgan ?ubsequeiiUy mode his appealancc. when Irving bid hnu "Good night." A man named Fitzsimons ?aid to one o< the marshals, -There is your man." The Marshal stopped up to Geoghegau, who was ?milding mi me sidewalk, look hold ol his arm with his right, huud and Mil i, "I am a United Mates Mar shut J have a warrant for vou." yes," re filled Gcogiicvan; "come Inside." "No." 'said the V tribal. "I cannot go inside. Vou must come with 9 x" at the saute nine presenting the warruul which I now have lu mv hand. Ue (Gmg'.egan, refused to go with lb* Marshal mlgiitH respited slid utile I put- "Juw i J?m 'rviug i" Jrriug was Uteii at or going u> ktooeack. Immediately jtn turned back wimi Ms companions. ami op to um Marshal and said. -What a uie matter r" n*, **?-.?.-i J!?1"*.* n.*5l 1 ,m? sulSLK a warifcDt fof ihA QfMgt of 0e< gheimn." Gtoghegau nuuoc tbe Marshal on ttoe M^- W?5d M&S Marshal, pi fob Into mm, the aon of i b h niv* it to him." They both struck bitn; he was knocked battled. He got up, and when he ^one^e the oa the oorb MamlJjt 5?Tn a?lUn aad w? kSSAMaulS I l*XZrl"*Y r on oce* When be w*? u-ylug j i?J7?S S? Pttrty drew a heavy pistol and neari* ni^rt00 ii l>*ok ol 1,10 hea<1- leaviug hiin aw taken up by hie companions etabood through the cheek with haA !?r' ,h d,al*s r?*?ived eevere wounds ou the w.l'h 'lead. Across his nose he was struck Tfl,..-80tn* bard substance. His eyes were so swoHcn that the cheeks and the nose were upou a He was taken to a drug store Needing. His coat and sblrt were coverou wiik blood. He tainted, or nearly fainted, ana could not help blmt-el', and after his wounds were dressed he was removed lu a carriage to bis home. He was ill aud confined to bis room for three weeks. He was attended by physicians, who wilt testify as to bis coudltlon. These are the facts of the case. The extreme punishment for ibis ofifenoe la two years' imprisonment. TESTIMONY FOB Till PROSECUTION. As the first witness was about oeiug sworn Mr. Picrrepont made a statement in reference to the propriety of keeping the witnesses out of court during the hearing of the testimony of each wit. ness on the stand. The witnesses were ordered oat of conn ti.l called for. Mr. John E. Kennedy testified as to the correctness mge took^hES. "ie place where the alleged out TESTIMONY OF FREDRICK BERNHARD. Frederick Ccrnhard, sworn?I am a Demitv Dnlied states Marshal, and was employed In ^hat evamitif ??n 8tu ?r November last; on that evening, in company with Deputy Marshals Dowley and O'Brien, 1 went to Geoghegan's nub aveSueu'imi^r^T' 0f eUu??* Ji'?^wley had a warrant lor tbe arrest of Geogh-.gan, issued by Commlssloaer Davennort* SFJKiSS*, Warram biood apo^i^as that MISA.'SKtf once a crowd ol men came out; tbey were followed nLhi?i4i!i? U 9ll.trt ?'eovos, who bade tbem good s. il aud myself approached, and asked 1/ be were Mr, Ueogticgan; be said be was. and Duwii>> remarked that be h?i a warraut for wrest-gL^ gbegan said, "les; come in;" Dowlev declined'tn?b the crowd womb p9a?oneotuall? attempting to escapm when 'bo affray was over 1 took Dowlev Into a drug store in avenue li: lie was men in apparently a dviiiir con 2W J,l,ol(i Po"ceman ol tbe mauer, an5 he ^d we should not nave got into Buch a crowd- 1 have ?i!"^ about four years and cannot be mls to''?? J? Pis appearance; I sec hint now in Court since ibis occurrence I have made efforts to find Geogbegan, but have not lound blm. fl'he warr int lor Sis arrest for violating the Action law wm here read and identified.) iaw was _ CBOS 8-EXAMINED. ,?V? started irom Ludlow Street Jail on the evening n question and called at six places before reachinir Geoghegan's saloon; possibly I drank two orthree glasses of luger bier tfiat evening, but no strong beverage; no caution was given to mo to koon from 'po much before proceeding to eflfect um arrest of Geoghegan, nor was I advised t? tnirn na??,?rtlif1?ulanl8'1131 wouU1 want tbem: 1 saw a man if *ltzslaiori8 Just before tiie arrest, but I did not recognize uny one one else up to that time: after the crowd left the stoie O'Brien pointed out Ueozhe gau, remarking, -'There is the man;'' ue??be I SWEAtt FOSITIVELT f4", Ifvlng on that occasion, and never ex. pressed a doubt as to bis Identity; I do not reinem tier seeing a carriage there, but O'Brien said was in the store; Irving did not come mthf 5'fT? wbep Geoghegan called nlm and the crowd Sime? 1)0*Iey g0t lne flr8t Wowhe ex r Vi>AM A ^TED 6TATE8 MARSHAL;" i ran for an officer named O'Neill to corns tn his assistance; I am suro it was Irving wlio said "lo hell with the United 8tat^ offlwr" no one hei^S'Sjuro j!n(!ei'aOJr assJ8tauce to Oow'ley when Derendaut's counsel offiered to give nroof thar a 8 prejudice on the part of the proseoutlon ex i S^i?^ain9t '"a defendant. JTj to allowed, as impeaching tnc creffibiiitv of the wit Srr^/aSd01wX/Jf was arrest, ana was delayed unnecessarily in the Mar. Mr too purpose of degrading him. j ERRBPONT replied tilAt tb6 evidence onlv pointed to the lact that the prioner was a gcrous man in the community. *"u,ou,'r w???*aan. The Judge ruled out the offer of proof: TESTIMONY OF LAWRENCE O'BBIS f, I ^1Tfenc.?.? Unen-sworm?^He testified:?I reside 8trec'' and am now In the employ of Mar ha1 SUarpe; on the etb of November I went with Deputy Marshals Dowtcy aud Berobard to ar. wnntilS11, Geogheghu at bis store, oorner of Ftf ^U'b street and avenue B; I entoi'ed the store and louud tl.at our man was inside, wmle my comnan. ions remained on the outside: a coach drove ud anil .Un*^SS",0W"- ,nhn "ht'hoxy of the man assaulted. John nowiey, sworn?I am a United stnt?o DepuijrMarshal, slnco 18o9; tbe warrant tnath.^ been oflterod In evidence was given to me to serve on the 0th of November last; I Too* w?tn m/Tn ?'Bnen und Bern hard; in look toff'pr Geoghegan we went to several places that I mi l e? with us to Geoghegan's store a man I named 1-itzslmons and another man, who?o name i i lne Purl'os? or pNnt^o^oghe M?oi/?? ih' a r S?ID0 delay we found Geoghegan ?hi. 1 went up lo htm and asked, tof? Mr. ueoghegan y" he said --Tet, come In-." said, l am a Un ted States Marshal and I have a warrant ror your arrest: I would like "a to wine along with me;" he said. -Hold on a minute I want he eald!8 1 "Uu inside;" Then im^iK,.0^,,BOV,8' AND 0IV? marshals hell;" immediately after saying so he called out, -Jim f'ujjrvitig;" at that call a man whom I suDnosed u? th.'UP to m? snd said, "What f 1 saK,? "I'bere Is notilng the matter, I am a United States Marshal: I have a warrant for this man's arrest;" as I said so I was as sanlted: I exclaimed several times in a loud voice I aui a United States Marshal;" how I got across r?^"irn ef1 (,on't know; 1 was round lying en^my I r?^ht Sh??t0ppo.sUe s,d?walk; I was stabbed Id the i h/J i i i h and 'bcbiveti several wounds in the i rf"3 into a drug siore and bad my wounds dressed; was attended by physicians* there I were altogether six wounds on my nead /The w,t now pointed out a scar on hts tight cheek.) Geo gbegan was rescued from mo aud I have not seen film since; during tne assault tbere was sufflcifnt light from tbe store and the lamps to enable me to recognize anybody whom I ban ever slon tifrore! At ''I1* "'nffe of the proceedings the court ad journed until eleven o'clock this morning. OLD HOMICIDE OASES. No C lew to the Perpetrator*. On Friday Coroner Young will take up tbe case of John Mccauiey, the young man who was r&tally BbotlnTnird avenue, near Forty-flfth street, cany In September last, by a man who made his escape at the time and has not yet been arrested, since the occurrence, Captain Gunner, of the Nineteenth precinct; Detective Hamilton and other members of the force have been lu search of a man named Murpny, suspected of being the murderer, but have been unable to learn anvtbmg concerning hltn. Murphy was employed about one of the railroad depots. The In vestigation has been thus long postponed to give the police every opportuuliy to secure tne assassin. Nothing now Is to be gained by longer delay. Murphy, It Is thought, has left the country. Coroner Young on Saturday will make an Investi gation iu Die case of Joseph Schneider, the Ger man who, while passing through Nctv Bowery, nearly three months ago, with a basket of prctzelH on Ids arm, was stabbed In the abdomen with a knlielnthe bunds or a vicious boy named McGaw, then living with bis master at No. 6 Vandewater street. Schneider died soon afterwards from the effects or the wound aud the youtbtul perpetrator made hts escape. Captain Allaire, of the Fourth precinct, has sluee been in search of McGaw, but he cannot i e found. Tne latter, It is alleged, stole a pretzel lront Schneider's basket, and, on being remonstrated with, turned upon and plnuged the blade of a knife Into Schneider's abdomen. The Death of Lawyer New! Irk. The remains of Mr. Azcl p. Newklrk, the lawyer, who died in the Jefferson Market Prison, where be bad been committed on a charge of larceny, have been removed to the Morgue, where Wooster ileach, M. P., will make a post-mortem examination, after which coroner Keenan will hold an inquest on the bony. Intemperance doubtless was the cause 01 death. JERSEY CITY WATER SUPPLY. Another Wuer Famine Averted?The Iteaer volr Pipe* Cbaked wltk Ice. Blnoe the water famine In Jersey City and Hobo ken, about a year and a half ago, the residents of those cities arc easily excited over any ap pearance oi a diminution of the water snppiy. On Tuesday night It was observed In every quarter of Jersey City tbat tne supply suddenly fell short. Reports were made accordingly at tne office of the Hoard of Pub lic Works yesterday morning and a gang or laborers was ?ent to tbe Belleville reservoir. An exarulua tiou oi the cunp.y pipes showed that the defect did not he in ttls section. The pipes conveying the water 10 the disti touting reservoir on Jersey City Heights were examined and no flaw could tic found therein. It was finally dis covered that a mass of broken Ice which collected on ihe surface of the reservoir was carried against the screen protecting llie orifice of the main wmch supplies the city, and almost completely shut oil the suppiy. Hie ico was soon cleared away; but as a srge quantity of ice had found Its way into the pipe through the screen the free flow of tne water was checked during the day. There 13 still i a large supi ly of water la toe reservoir. THE COURTS. The Case of Jordan and Ryan?A Row Aaieta ment Ordered in tha River Ada Park Litiga. tion?Verdict Against the Third Avenue Railroad Company?A Heavy Verdict in the Blaok Friday Suit?Action for the Lose of a Leg-Clearing Off Day in General Seerione. UNITED STATES SUPER! COURT. A* Action Against the Government to Beiever for Her vice# Rendered In Carry lag the California Malls?Senator Morrill Contesting for the Recovery of Laid In Western Virginia. Washington, D. C., Deo. 0, 1871. No. 0. Qeorge Chorpenning vs. The United States? Appeal from the Court or Claims.?This case Is la miliar. The petition was hied in the Court below to recover $170,870 87 alleged to be one the appellant for services for carrying the malls in California be tween the years 1851 and 1854 and payable to blm, as claimed by virtue or the Act or Marcb a, 1857, tor bis relief. The Court found that under the first sec tion or the act the Postmaster General had the ex clusive jurisdiction and authority to settle and adjust the claim, and tnat naving made decision and award thereon whicn was accepted by tho claimant, the settlement was final and conclusive upon the claimant; and the Court of Claims had no authortty or Jurisdiction to hear or determine the matter or to correct or change the award of the Post Office Department. On appeal lrom that decision the coso was brought here, where it is now submitted on the printed brlels of the government, maintaining the Judgment of the Court below. No brief is filed lor the claimant. Solicitor General Bristol and Assistant District At torney for the government. No. 10. Jame* Armstrong et at. vs. Lot M. Mor rill?Error to tho District Court for the District of West Virginia?This was an action of ejectment insti tuted In 1857 by Lot M. Morrill (present Senator from Maine) and others to recover a tract of 1,5JO acres of land granted by the Commonwealth of Virginia to Albert Gblia'.ln by patents bearing date loth of February, 1840. in 1830 a verdict was rendered in favor or Morrill for all tbe land, except as to lorty acres covered by another patent. The questions on tbe trial were as to the derivation of the title, and the evidence was mostly documentary. Tho plain tiffs here took exceptions to the ruung of the Court In the admission of evidence, and tbe cause ts now argued on the technical questions so raised. Messrs. Smith A Evarts lor plaintiffs in error: George D. Camden for defendant UNITED STATES CIRCUIT COURT. Tba Can of Genernl* Jordan and Ryan. Before Judge Benedict. Tbe District Attorney said ne was ready in the case of the United States vs. Thomas Jordan and in tended to move it. Mr. Phelps, for General Ryan, said he also was ready. The case was set down for Monday next after the Miner trial. In the case of the United States vs. William O'O. Ryan the dclendant whs called but did not answer and no counsel appeared for him. Mr. Pt'ftDV?I move for the Issue of a bench war rant. The Court?Take the order. The Erie Hallway Litigation. The reference berore the Master, Mr. Kenneth O. White, respecting tho shares of Erie Railway stock claimed by Death and Raphael, the English share holders, to be their property, was resumed yester day. Mr. Southmnyd and Mr. Tweed appeared for Death and Raphael, and Mr. Beach and Mr. Morgan for the Erie Railway Company. A statement having been made to the Master that the Erie Company were expediting as last as possible the filling up of the certificates, which are to be placed in lieu of the certificates alleged to have been wrongrnlly de tained by the Erie Company from Heath and Ra phael, the reference was adjourned Tor a week. It Is expected that at the next session before the Mas ter all, or nearly all, of the certificates will be pro duced, properly filled op, signed and stamped. SUPREME COURT-SEWER II TER1. A New Assessment To Be Made In the River side Park Case. Before Judges Ingraham. Barnard and Cardozo. Tne opinion of the conrt In the matter of the Riv erside Park assessment was delivered by Jnage In graham. It will be remembered that an appeal was made to this Conrt from the order of the Speolal Term confirming the report or the Commissioners of Estimate and Assessments. The leading objec tion was that such a proceeding, wnen confirmed by tne Special Term Is final, and that mere could be no appeal to tho General Term. The opinion recites a history of the case which has already been ftilly given in the Herald, and then, after cuing a large number of precedents bearing upon the case, announces the decision or the court to be that the objection was not well taken, and mat tbe appeal must be sustained and the order appealed from be set aside, fie says in conclusion:?"It is to bo regretted tnat a new re port cannot at once be made by the present Com missioners, but as two ol them are away and can not act In the matter U will be necessary to send the caso to new Commissioners. These will be named on settlement or the order." Judgo Cardozo, though concurring in the chief points of Judge lngrahain's decision pre sents a partially dissenting opinion. De says? "1 con car that the order Is appealable, as bearing on that question, the case ol King vs. The Mayor, Ac., 26 N. Y., 190 maybe added to the authorities re ferred to Dy Judge mgranam. 1 also agree that tne Conrt had not tne power to direct the Commis sioners to estimate Uie damage at a sum which the Judge fixed instead of leavlDg it to the Commis sioners, and that lor that reason the order should be reversed and the matter take the course suggested by JudgeIngraham." Ibe Cum ot .McNevlus, Okell and La ok up Evii no. In the cases of William H. McNevins, convicted of murder, William Okell, convicted of receiving stolen bonds, and "Lookup" Evans, convicted of abortion, arguments were beard on appeaL The facts In all tnese cases have oeen too frequently pub lished to require repetition. Tne exceptions wcro to portions of the evidence and portions of the Judge's charges, and embraced outside oi this about tne same lines ol argument as taken at tho respec tive trials. The Court reserved its decision in each case. SUPREME COURT-GENERAL TERM. Decisions. By Judge Brady. Roll inn ps. Mynagh Motion granted. Goodenough el ai. vs. Manning.?Reference or dered. Jones r?. Bonendall.?Motion granted, $10 costs to plaintiff to abide event. Christy na. Haiveon.?I think the substitution should be allowed on the payment ot $js. Marsh us. Salomon el al.?Motion granted. Uoyt el al. vs. Spraave et ai.?Case settled. By Judge Cardozo. In the Mat'er (\f the I'eUtlun oj Joseph Farrell.? Order grunted and bonds approved. Laura A. sanford et at. vs. l.ertva 8. White et ah?Order of sale and judgment In petition grained. SUPERIOR COURT-TRIAL TERM-PART I Verdict Against the Third Avenue Railroad Company. Before Judge spencer. Thomas Hamilton vs. Tlut Third Arenue, Railroad Company.?in this case, the full parilcmars of which have been published in the Herald, and wnich. it will be remembered, was a suit lor ?&,oui damages for King ejected from a Third avenue railroad car, the jury gave yesterday a verdict of $6oo for the plaintiff. COURT OF COMMON PLEAS-PART I. The Black Friday Cnse?A Heavy Verdict. Before Judge J. F. Daly. Cameron vs. Derkheim, Cox and JCemmeys.?In this casc, the trial of which lasted eight days, and the particulars of which have already appeared In the Herald, the lury brought in a sealed verdict lor the plaintiff lor the sum of 02. Aciiua for tbe Loss of a Leg?94,000 Awarded by ibe Jury. John I'. McTerney vs. James Murphy and Hugh Smith.?This case, which was partially tr.ed a few weeks since, when tho facts appeared in the Herald, was again tried yesterday, and resulted in a verdict for plaintiff for ?4,0Oo damages for tne losa of his leg bv being run over by one of the deieud ants' stages on the lith of freptcinoer, 1884. COURT OF COMMON PLEAS?SPECIAL TE.M. Decisions. By Judge Robinson. Laihqale, Administralix, el at., vs. Hoi kins et ah?Judgment and foreciornrc sale for $4,466 no. By Judge La rrernorc. Lietmian ps. 8'*meru.? Kolerence ordered kouthaci vs. cooper.?Name. Hopper ps. Piynn.?game. Kahar vs. Lowmsuht.?iSame. Mock vs. Rock.?Same. COURT OF GENERAL SEittONS. Grand I#arrenles and Burg I.tries. Before Judge Bedford. There were a large number of cases disposed of yesterday in the General Hesslone. Michael Trainor and J homaa Dojie, charged with burglariously entering tke premleea of Bmanoal Strauss, No. T avenue D, on tbe $3d of November, pleaded gulity to an attempt at burglary In tbe third degree. Mr. Fellows said that he could not convict them of burglary. Judge Bedford, la passing sentence, said:?The Grand Jury nave inaicted you two men lor bur glary In the third degree. The representative of tbe people tells tbe Court, alter an examination of the testimony, be bas concluded to take a plea of an attempt, It being In law only an attempt to commit that crime. Doyle, you are a professional thief aud buglar, and upon you was found a "jimmy." Traiuor. you are another tbier, and yon nod a burglar's bag. 1 shall Bend each ol you to tbe State Prison for the full limit?two years and alx months at hard labor. Danleld McDonald, wbo, on the eth of November broke a showcase belonging to I'nilllp P. Meyer, anu attempted to steal some silverware, pleaded gutltv, and was sent to tbe Penitentiary for eighteen months. Henry Schmidt was convicted of an attempt at grand larceny in stealing a coat valued at $50 from George J. Baker, on the 14Ui of November, lie was remauded lor sentence. Michael McGinn was tried and convicted of steal ing a wagon on the 26th of November, the property oi Peter J. Bommer, corner of Tnirteenih street and Fourth avenue. An ofUcer found the prisoner In possession of the wagon at midnight. Tbe Jndge postponed the sentence till Friday. On the 28th of February a burglary waa committed upon the lancy store of Hunt A Dusenbnry, In tbe Astor House building, and $300 worth of property stolen. William Maher (who bas escaped to Canada), Lawrence Casey. John Casey and 1 lino thy Kelly, youths, were arrested and charged with the crime. Lawrence Casey and Timothy Kelly were Bent to tbe House of Refuge and John Casey was discharged. Henry DielTenbach pleaded guilty fo petty larceny from the peison in stealing, on the 29iu of Novem ber, $231rum Anna Burroughs. He was remanded for sentence. John Gieason and Stephen Deedy, youths, pleaded guilty to an attempt at burglaiy In the third degree, the charge being that they entered the grocery store of Henry Kenny on the 3ist or October aud stole $17. They were each sent to tbo Penitentiary for two years. Thomas McCormlck. who, on the 23d of November, stole a box of tea valued at $40, the property or Herman Schuit, pleaded guilty to an attempt at lar* ceny. He was sent to the Penitentiary for one year. James McAllister pleaded guilty to aa attempt at grand larceny. He waa indicted for stealing cloth ing, a olauket and a sleigh robe, valued at 120, on the 20th of November, the property of ilonora Crowley, 165 West Forty-third street. Judge Bedford, In sentencing tne prisoner, said be was a bold sny&k thief, ana he would senieuce him to the state Prison tor two years and six months. ACQUITTALS. Thomas Smith was tried upon a charge of steal ing a gold watch irom Charles Burke while dozing in a liquor saloon on the 2d of October. Tbe evi dence was circumstantial, and tbe Jury, believing It to be lnsuittcient to convict him, rendered a verdict of not guilty. Tbe Judge said to the prisoner upon the rendition ol the verdict:?You may well laugn; the jury made a great mistake; 1 know all about yon; you have been out ol the State prison eight mouths. The next time you come here the Dlstrlot Attorney will convict yon. James Burgess and Henry Johnson were acquitted of a charge or larceny from the person, ihe com plainant being Gerhart Mathewson, whose watch was taken white riding upon a Third avenue car on the 24th of October. The defendants were standing upon the rear platform, which was crowded, ana the compialuaut felt the accused pressing against htm. They Jumped off tho car and were imme diately arrested, but the watch was not found. it Is understood that Recorder Uacxett will pre sldo during tbe remainder of the montu and relieve Judge Bediord, who, since the commencement of the term, bas disposed of nearly one hundred and forty cases, which is an extraordinary month's work. COURT CALENDARS-THIS DAf. Supreme Court?Chambers?Held by Judge Car dozo.?Nos. 20, 33. 41, 42, 55, 80, 8'J, 91, 98, 101, 102. Special Term?Held by judge Barnard.?Nos. 83, 84, 80, 87. 88, 89, 90, 01, 92, 93, 94, 95, 90, 97, 98, 99, 100, 101, 102, 103, 104, 105. 100, 107, 108. 109, 110, 111, 112, 113. circuit?Part 1?Held by Judge Van Brunt? NOS. 19), 109, 039, 323, 8, 636, 019, 081, 683, 688>4, 685, 687, 093, 097. 099; 703, 705, 707, 709, 713. Part 2?Held by Judge Brady.?Nos. 842.iL 834, 562, 042, 1022, 1024, 1474, 802, 890, 400, 2422, 26, 290, 270, 410, 412, 414. 28, 842, 410. Superior court?Trial Term?Part 1?Held by Judge Mouelt?Nos. 749, 979, 274, 905, 539, 808, 47, 545, 737, 408, 915, 1386, 64s, 1143, 1186. Part 2?Held by Judge Spencer.? case on. Common Pleas?General Term?Held by Chief Justice Daly and Judges Robinson and Loew.?Nos. 72, 42, 45, 51, 03, 80, 94. Common Pleas?Trial Term?Part 1?Held by Judge J. F. Daly.?NOS. 1047, 845, 1103, 393, 1027. 727, 040, 947, 1136, 1801, 870, 1023, 08, 192, 614, 882, 408, 407, 1130, 772, 351, 172, 998, 1048, 1084. Marine Oourt?Trial Term?Part 1?Held by Judge Alker.? NOS. 7809, 7418, 6240, 7422, 7052, 0724, 7016, 7180, 7303, 7461, 7430, 7464. Part 2?Held by Judge Shea.?Nos. 7127, 3181, 7331. 6093. 0288, 7046, 7020, 7048, 7200, 7354, 6570, 7420, 7421, 7462. Part 3? Held by Judge Joachlmsen.?Nos. 8135, 7971, 7971%, 8264, 8266, 8207, 8203, 8209. BROOKLYN COURTS. UNITED STATES COUNTS. No Regular Cti leader? Return* of Process. Before Judge Benedict. The December term of the Circuit and District opened yesterday, when Judge Benedict Bald that no regular calendar would be called this month, as be would be compelled to hold Circuit in New York, in consequence ot the absence or Judge Woodruff. Judge Benedict, however, for the purpose of hearing motions, will be la attendance lu Brooklyn every morning until ten o'clock, save on Saturdays. In the District Court return or process was made In the case of ueury W. Race and others ngalnst 9,681 dry ox and cow hides. The property was at tached and claimant allowed a week to file an an lte'tnrn of process was mado In the case or the United Mates against Ave packages or distilled spirits. No claimant appeared, and the property was condemned and ordered to be sold. SUPREME COURT ?SPECIAL TERM. An Oflnl Row. llerore Judge Pratt. Joseph A. Holler and Others v.*. Edward Clark.? The plaintiffs In this case are sugar refiners, doing business in tno Eastern District, and they bring ac tion to restraiu the defendant, who has a contract with the city to remove the offal of that district, from placing offal or otner offensive substance on the dock at the loot of Division avenue. They like wise sue to recover damages In the sum or $20,000 for injuries alleged to have been done their business. Judge uilbert had previously granted a temporary Injunction, and yesterday the case came up berore Juuge Pratt on the motion of Mr. E. T. Wood, plain tiff's counsel, to have the Injunction made nerma neut. Counsel submitted affidavits showing that tne immediate vicinity of the dock is thickly populated, that there were rehneries and other lactones running there night and day, and that the depositing of tne offal ut the dock was very I detrimental to the health of ail ubout there, lie held that it was the auty of the city ana the Board oi Health to see that such a nuisance did not exist in such a thickly populated neighborhood, and that It was their duty to have the oQal removed through i the least offensive channel. Mr. l>. P. Barnard. ror the defendant, argued that Clark was not responsible, aud, in support of this argument, submitted the agreement, oeiween Clark and tho city and the order oi the Health Board that this dock should be used. Mr. Barnard argued further that tne Court had no power to say to what part of the city the offal should be removed, I bnt that It could only compel the defendant to do i his work properly, tie stated that the South sixth street dock had been used during tho temporary in- junction, and that a similar injunction was about to be applied /or to prevent the use of ilia'. corporation Counsel Dx Witt sai l that If the city was not permitted to remove tne offal to lighters at 1 the Division avenue dock, which is the only one 1 they (the city) control, the offal must lay in tho j street. He thought that tno rennery and distillery lu the neighimrhoou were as great a nuisance as I tne dead animals on the dock. Judge Pian decided to dissolve the Injunction during the pendency of the suit. CITY COURT. Sent to ibe Penitentiary for Keeping n Die orderly donee. Before Judge McCne. Madame St. Clair and Alfred St. Clair, her bus I and, were tried yesterday lor keeping a disorderly bouse at No. 42 meet street. Numeroue complaints having been mane against the house by parties in the vicinity Sergeant Van Wagner, of tne detective force, aud a squad ol his men made a descent ou tno uigut of the 23d ot November and arrested the St. ciairs and several men and women whom they round there. This house was frequently visited by married men and women, some ol whom moved la the best circles of society; and one wit. ncss testified yesterday that he had seen married men go there and their wives follow later to see If they could flnu them there. The defence uenied that the house was a disor derly one, and several witnesses were examined who lived In the vicinity, and who swore that they never saw anything wrong about tno house. Tho jury, however, convicted the prisoners, and Judge Mct'ue sentenced each of them to tho Peni tentiary for six months. Madame Ml. Clair burst luto tears upon receiving the sentence. BROOKLYN COURT CALENDAR. C'lTT Court.?Nos. 68, 31, 33, 34. 38, 61, 66, 67, 67, 102, 134, 138, 143. 144, 147, 161, 101, ll>2, 11)8, 211, 233, 317, 334. Criminal Branch?Trial of alleged election frauds. COUNT Of APPEALS. aT.hant, N. Y., Dec. 0,1871. The following Is the Court ol Appeals day calen dar lor December 7:?Noe. 424, 324, 874, 441, 442, 411, aw, 416, TBI TODS COURT. A Dull Dtr?Rtkberiri from the Penes. Judge Hogan presided at Uie Tombs Police Coart yesterday and bad before him the osaal number of blear-eyed vagrants and petty oOCnders. The pro ceedings of the day were barren of Incidents of an Interesting character, with the exception of throe cases or larceny. SOBBING A FELLOW LODGER. Jobs Mnlien and William a. Aughtenson are lel low boarders at the house of Mrs. E. Oummerforl, No. 307 Pearl street, and both appeared before the Judgo, the former as a prosecutor, the latter as a prisoner. Mullen charges that on the 1st instant, at one o'clock P. M., he left In his trunk $60 in cash and a gold cnaln worth $25, and on return tog home at Aye P. M. discovered it had taken I ts departure. Aughiernon being charged with the of fence, denied being In tbe house between one and four o'clock, whereas the landlady and Joseph Ken drick swear he was In It. Mrs. uummerfort also foond in William's valise, five days afterward, a key that fits the look of Mullen's trunk. Aughternon was committed in default of $1,000 ball, the evidence being ratner strong against him. FLEECING A C Ell 11 AN. Caspar Ftelteber, a Hudson street butcher, met In the Fourth ward ou Tuesday Louis Demelert. of 475 l>?ca?Q? very loquacious and officious, and finally invited him to sume over ihe counter of Rr,?kk?rT *o. l H New ensmbers street. While tne two gentlemen of bibulous proclivities were par taking 01 their liquids Louis asserts tnat caspor robbed him of $20 and a $2osilver watch that were lu his coat pocket. On being cnarged with the offeuco before the Court the accused cniered a plea of not guilty, and waa held In $600 ball to answer. W A K0BALI8T FLEECED. Michael Kennedy, from the country, who is now a boarder at the Bouse of Detention, yesterday met a podler named Klchara Harking, of 131 Baxter street. S,^L?.ln^L1Uia tt,m ml? an underground crib to drink; "hlle there Michael missed $20 from his pocnet, ac cused Uarklns ol the robbery, was knocked down for ms impertinence; but Officer Ely came to iho rescue and arrested the pedler, who was held in $1,000 lor trial. CONFESSION OF A NEGRO MUR DERER. The Crime Committed Nearly Two Years mad a Half Ago. {From the Springfield (Ohloi Advertiser, Dec. 2.1 It is so ordered In the economy of man that crime cannot ue concealed forever. Years slip away and me deed is knowu only to Ood ana tho perpetrator, and, when the ettorts of the authorities have been In vain, men remorse ot conscience be gins Us work and tbe deed is revealed by confes sion. in me case wblcn we are about to relate It seemed so Improbable that a confession would bo made that when lniormation was placed before the Grand Jury or Clarke county, based upon tne con fession of the Individual who is mentioned here, tbe said Jury would not return a true bill. Further par ticulars lead 10 the belief that the following are facts, and establish beyond doubt that the murderer of Mrs. Urmsbce is discovered:? sheriff co.Uu, at the Ohio State Fenitentlary, yes terday. received tho confession of a negro who de clared himself the murderer 01 Mrs. Orwsbec. on the 14th ol July, 166J. Onr citizens will remember thl3 rearful tragedy. A bright summer morning the city was startled with the news that a widow ladv had been shot dead lu her house in broad daylight, and that the cold blooded villain, alter committing the dastardly deod. bud walked a short distance from the house, stopped under a tree, looked back at tne house and then turned again and coolly walked off. T110 par ticulars of the murder are about as follows:?The family In tho house on tho night of the 13th of July, was Mrs. Barnett, an aged widow lady, about seventy years old, her daughter, Mre. B. A. Oruis bee, also a widow, aged forty-three, two sons of Mrs. Ormsuee, Benjamin and Uichard. On Tuesday night, July 1>, lb go, Mrs. Barnett and Mrs. Ormsbee slept in the bedroom ou the lirst floor and the two boys slept in a room up stairs. In the morning Mrs. Ormsuee rose, as usual, at about naif past four o'clock, and stepped In ner night dress irom the bedroom into mo dining room. Her mother, who was awake, but still In bed, made some remark about the household arrangements as I she passed out of the room. A moment elapsed, when suddenly Mrs. Ormabeo was heard to scream. A snot Instantly followed, aud Mrs, Ormbee exclaimed. "Oh mother 1" Mrs. Barnett ana Mrs. Ormsbee's son. Benjamin, immediately rushed to the spot, tbe lat ter rrom the room up stairs. Benjamin reached the window in time to see a man aooat twenty paces distant irom the house walking away. As the bov looked out the man turned, gazed at the window where Mrs. Ormsbee lay dead, and ihen turned aud walked away, going uortn u short, distance, then turning west turougb a potato patch ana going towards Warder s woods. It is well known thut great effort was made to secure the murderer, that rewards wore offered aud detectives secured to bring the perpetrator to Jus ttce. suspicion fell upon ueury Ormsbee, a stepson 01 Mrs. Ormsbea, who res.ded in cyuthlaua. Ken tucky. and William Scott. of this city, was sent tnere to ascertain the truth about the matter, llo found that Ue had not left tho place where he had been working at the time ibo murder was com mitted, since the 6tn of July, and bcuce conld not nave been in mis city at the time. A clear and un mistakable alibi was ascertained in this case. 8tart hug conjectures were started irom time to time, but the evidence was fragmentary and scarcely tan gible. B. H. Warder secured a detective at his own expense to ferret out the murderers. During last spring some intelligence came to the Prose cuting Attorney and Sheriff, which pointed In an entirely different direction. It was believed that a colored man had done the deed, and Sheriff Coffin was enabled to obtain irom some colored people in SoUfh Charleston frag ments of a confession which had been ma *e by a colored man to them. Tno Sheriff endeavored to se cure mis colored man, but was unable to do so, as he was or a roving disposition and remaiued but a abort time In ono place. "me ago worn was sent to the Sheriff from the Penlieuttary that a man was Imprisoned there who had sometning of importance to oommnnlcate. The sheriff was at tne Penitentiary yesterday deliv ering over to tho Warden Matthew Carlos and Wii Ham Gibbons, lound guilty or burglary. While there he ceded the attention of the Warden to the word he had received, and asked to see a colored man named Cileries Bell. The Warden complied with his request, and brought out a young colored man. ??.e who solicited money to help her to maintain a child, of which he should be the natural guardian. Ho kicked and knouked her tlowu. She screamed ana scratched his face, aud he took her into custody, alleging that she was intoxicated. The following morning Captain Ferry, learning "the situation," preferred charges against oillcer Johnson. It waa anowu on the trial that Thomas Johnson had main tained au Illicit intimacy with too untortunaie wo man, by whom be has two children, lie insisted that Miss Oonrov was intoxicated at the time he took her into custody, but this assertion was disproved. Police 1'iitilahmenr, Fergeant Dobbin, of the Third precinct police; who was charged by citizen John F. Montrose witb "disobedience of orders," In refusing to allow htm to be present at the canvassing of the votes cast at the polllug place of the sixth district of the Sixth ward on eleciloii day, was yesterday sentenced. The decision of tho Board of Police Commissioners la that "every person has a right to be present at the cauvossing or tho votes aa long as they behave in a poaceablo and ordeny manner, aud tho police are bound to protect them. It was not shown in tbe evidence that Mr. Montroae waa oe haviog In other than a peaceable and orderly manner whou he asked Dobbin, at tho closing of the polia, to bo allowed to eater and wltnoas the canvassing of the votes. The sergeant's excuse of explanation, that ho did so In ordtr to a low the inspectors an opportunity to arrange then table and boxes, ami that as soon as that was done he let the gentleman in, would seem to Indicate that ho aa sumod very much more responsibility than he had nnv right to do, and acted m a manner directlv con trary lo the rales of the department, and the Board then reprimanded bergeant Dobbin, and lined liun seven day's pay. DESTRUCTIVE FIRE IN WILLIAMSBU HO. Destruction of Tenement Houses and K#fts? rles?Several Families Rendered Homeless? bow Over S'JO.OOO. Yesterday morning, at abont four o'clock, an ex tensive conflagration occurred in Williamsburg, by wutch several poor families were rendered home less and much property dcatro/ed. TUe scene of the Are was on tho block hounded by Moutiosa aud Johnstono avenues nnd F.wen and Leonard streets. Tho property destroyed Include* thrw frame bodW~ lugs, located ou tMe lois lu rear of Montrose ami lour story brick front tenements. All oi those structures wore owned by Mr. Jacob Kclfu, with the excopliou of ono of tno frame tencnionts, ownod by A. Heswatd; The lire originated In ouo or the? ear buildings, which was used au asboa factory by Mr. George Kumpf, aud spread with great rapidity to the udjoiuiug premise-, Mr. Keller's ions amount" to on which there la aa tneuriiaco ol *i7,"Oo, in iho Continental, Wll liumsbarg City And llamuoldt Fire Insurance Com panion. Mr. Neswuids lost waa $1,000, on which there Is no Insurance. The devastation oi the strucinros was complete; ami twenty poor lam Uses, nu uirerlng over oiio Hun dred persons, lud barely Uruo to escape, and loal almostuu their meets. Notwithstanding the obsta cles presented by no extreme coldness of tha weather me Fire Department suococded in arveat isg tho progre-w of too flames, uad prevented whal might hare become r wide spread conflagration.