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The New York herald. [volume] (New York [N.Y.]) 1840-1920, January 28, 1876, Image 8

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THE COURTS.
Penalty of Putting Up Buildings
in a Hurry.
i
IMPORTANT TO PROPHET! OWNERS.
Th? Pacific >lail Steamship Company's Suit
Against William S. Kine.
REMARKABLE LAPSES OF MEMORY.
Whiskey in Ludlow Street
Jail.
About two years since one Josoph Rot* cugaged lo
build ii tlrst class tour glory tenement house in Long
Island Clly tor Mr. Robert Fiuan. The work, was dono
under a written contract und specifications, and the
payments, auiouutiug to over $7,000 In all, wore to
have been made In instalment*. All tho instalments
wore paid at maturity except tho last, which amounted
lo about $900. Payment of this sum was refused by
Mr Kinau, on the ground that the work had not been
done according to plans and speciQcationa, and that the
failure of tho buildor in tills respect resulted in a loss
to hiin (Flnaii) amounting to over $2,600.. Suit was
brought by Uom in the Marine Court to recover the
amount claimed by htm, and Mr. Pimm set up In his
defence the violation id the contract by tho plaintltf;
lhai the di fecu and onussl us in the performance of
ttie work were tbo result of collusion between the
builder (Hoes. the architect, one Pernard McGurk, and
sub iimir r tor named Michael Donnelly, and that he
bad b*vn dnmagsd thereby in the amount claimod by
him t>n tbe trial before Judge Spauldlng and a jury
ihe testimony sh wed that tho contract aud specitlcatlon
bad not been com] hod with; that the building
was deficient in girders, the floors of Inferior qnality
of tlnil?er an I mens us, the closets unfinished, tho
plastering lot with lad materials, tho cellar of in
Suite ni ieptl. M.J one i'f the walls out or plumb.
The.) . y, : t < it < n o! the instruct.ouh of tho Judge,
*i to wi..u .to- th< y were to allow the defendant uoroMing
;< lli? tf-tiiuotiy. tuuud u verdict tor $600 in
lav .it |... . u: t'j u n suh-equcnt application ou
t. h? ' <1 the 1<i ! iiit a new trial was granted on tho
gr in I ihti th*' verdict *?< coutrnry to the wotcht of
ItMhci 1 h.? second trial camo on before Judge
Alk'i and a mry, wheu plaint lit'a counsel, nflor putting
la evi t<t ti. contract and the certificate of the
ar. a u ct that the work had been performed according
to the c ntr .1 and -p"OiUc nitons, rested his case. Mr.
ttian. . i. t ortii. y. who appeared as counsel for tho
then ' Ted t> prove tho imperfect porter
mi. : ih< ?ork itiat at the time the architect's
eertin. <w wn given the architect had knowledge of
Wt ? pat Isfahan, auJ that, having such knowl age
tin-giving of thecartlfloate waaeitherthereanlt
of n. vk coi.v; .racy ?,ih tha builder or gross fraud
on tho put <t Hi" archill't, that, lu fact, tho whole
thing waa a m- of tbe wiioc?-< s termed
H, aad pla attO aad in* associate* had colluded together
to in <ke n h sad thus commit a lisud on tlio
i'win r P i- t< rtimony Jn<tn'e .Mkur
ruUd out. b<-'Ut., Ui? ir h.teci'a certificate to t>? constamve
aa to the j-.rtoraiai.ee <>t the work according to
the < ohtf cl | ska and r|>ociflialiens?the contract
ha .t.g n . .. it - i a?an 1 directed a Verdict lu lavor of
the plaintiff h'i the fu. balance claimed by htm.
F?. in ill.a de.:< on Mr. t'onrtaey app-ulcd on behalf
I Mr F iaai. t< <Ut < i.eral Ttrm, and yeslerdav in un
op hi >u * rittr t i . ? Justice Shea, the decision of
Jadgv A k.-r l? i. . rued and a new trial awurded to sir.
Fiaan. T' i itt'-r reciting the turcgolug facts,
fta> ? ? l . a r t nctl.v puts this averment in
taaae >? t tb finish ag and cotnplotloa ol tho building.
viid a - - "i" that a Aid certiorate was given under
a It i . a.-hi ai d i oaapiracy between said
Meilurk ili i cl. ic.t .nd the plaintul, or by a gross
iiiivMv tbe tact* h? ?* 1 M iiurk, luu-murh a.? he,
the aatd t>. >. ..rk well liaew, or ought to hi?ve known,
thai' In - .T.g mentioned in tha contract was
not thet. wild : tr adt . vn coinpbtd in accordance
ta.'hth At.on* thereof. t)u the trial,
ta aaroMshee with Una avamaat la lira answer, the
Conn Ml I v 1U* deli urai atkvd llila question
of the p: 'iff, on b i cross-examination:?
P'h.n wn- t!i w rk, which wan to tinvo boon
port >rm*d i.nd- r tbu ioatrnci completed, il it nver was
cwwipb ! - and then ha pip ' 1 chow that iltn
pin'lil it li" .? I knee that the Celtltliate was !uU\
This qu< ' tdtfe J r. | oasl were ravcratly objoctod
te t'v ill-i hi "d. thff the s^wMoaa were runatusd
i.J Km- I 1.1 't.jr < to which cxccptum* were
tnkea aa boi.ui: :'h u<Uiit other que*liunt atxl
vfi. re ul |r#l 1.. L? t? A lo pttrp. -.0 ueri pre-eiit.-U by
Hi.' dolrncc at ?< re rerrulml ami excluded and ?x>
Cv. |?IK n? dui> 14.. abd litra ? motion Uiado, u hcti
pu.i.i.n r*-?l'ed, te .tiem.??the complaint. The Uelvnd nl
thua. a? a matur ?l ..<-h-nce. otlered lo prove that
tin- ti-M.'it. i-f tb? building at tho lime that the architect
oertn d that ti ?' . .i4.-i.-d ?*? each thai both
he and tb? , unit ' lul lam known It, nod thai McOark
was gttutj of a ftanU in giving thai crrtiUcatc, or
that tber* wiu x 1: atnke a* to the tact oa hi- jmri. r'uch
latiae 1 > wdnttt .4--.land an oaci-ptuMilakon Thcae
ruling . oiflh- t it 1* low *?-re erroneous. To ho ?ure,
Uie eef1lflrate - the arch l? -1 m r? |Uiro.t '.y the- agrueiiiont
u>i* ? i an . o the parttc- tbetanolvet in thig
la ih*- v*-rv , - ui the completion of the
work, and I.j b - <o;..d entitle ib<- i>.atnti9, by the
general rule i f law to payment ia fu4, The production
of a n-rtiBenin 11 a oadtttaa nreoadent to the
tteci lea dei. ui.d l i j ar' .eot. and the | 1 a 1 u11 it wea
bout, t to procure the < nrrbrate in the ab?eaco ot legal
rt. uk 1. m< eontrnry, and- a lie procurcuotit without
traud, or wttliout u take, in a tact nec.rnary to
lla aahatantial truth, iht-defendant la bound 10 pay."
Altar < Ittng nun .-row* < in aupporl of thla being
lh> rule ot it* in ti. e Walt the >?| iinoti coniinuea ?
'The 4< \ .ationa fr,." 'tie *tr et a| pltcatl >ti ot tbit rule
are nhntit an a t * done, or ooutrart made,
under a in tela M or >gn?rMioe of a material
Idol, and lor | 1 e >-r - - n-truetive iMtid, and
Iht act and contract w II he dcciarrd v01 'able (JMory'a
Kquity Jorupcuden. e. nod ion IM| la tain pnaa.i oi
tb< preeet 1 ?*> itrui >-? re.at ng to the error a retorting
the proj or: csidtuae on too tr al. Mr Jmiice
MeAoaiu. uijr aaoac atr in hear g theargument on
nppoal. haa railed s tent on to lb opinon in Kemp
VO Roe. Iliilford'l K- I tl a lief, the eja. wae, aa
Race. put "b the grout. 1 of traud A t-uiUh-r hjr bia
contra. 1 la un-1 h I. elf to ?t> 4* ' J the u. riaioti and
cert: 10 aie ei an arr. oct - to tlx 41 mi. h> ue paid
fh? the work hot ar *ag that tlx ar. hiu-cl ha !
given an imiiiwi that th> oat <>f the ' ui ding thould
MR aMOed a method amount MlgR lie remntd to
fuaranuw .1 tt-t it .M'lld t!<idr< -a,
ndei ?u> h .rem ' time. . * 11.. efrhite t a- mi-i i,
end vaeemd it hmwoee the du.ee *hi< h br ha 1 >
audertokea to pert -em were of a yud* at character.
Therrtore where t ttirt <-nl thai unknown to one er '
both parti- wt have eut-mitfed to I* hound hy the
deetamn of ai.oti.er there i* a > .1. uiuetanct lh? altn Ron
at htm te whet aha darttdon .? tatraalad wh>. h
leaded to pt.ai i.< a Mar n ho 114 ad tn? ev i< ace of
that eirrun.. t. *1 r- r?- it... mtiitlfta ?' af a
Court And the aame Main- oJweic* har rele-reed to
Ihr corn >-f e? H-dell, aaure e.-tan..-, Ida
where : dnrtmaa* adaa aruRitealor ?..' . a e
ho id lo be Bt a ? bet It - j and It part a 1 1. ode, and
that a . -lift . am " - a,. 11 tl. ? t werar
never* they ti-ay bt >a It -r r(Iarte bat -v-cgeree thai
whraevei e th*r acta .a kw <ad ;ad r?a ihmanti aa- I
fanly er port a t a .a.rt rvixvv. aga n>t tho
award the <,u?ot??ia |-i oca.ahle a ?.?< b <?? ta I
thai ?faa trtigrgmi * oaoef tact te he anrmaaf h> a
jury, and want he dm
grouad reon that the fraud. corewgnt.? er parttaiMy
? h* geineevd beta U-. k a,. ? I 4 n. the aooe. tie ?
uweetiaa team at 4 ?t.- u ! t- dtep>??4 t *y?a the 1
t? ?ptr?Mi. t ' ta. U O # a J,,,. |ll# g,, ( e' the
lart I"tria.rt I h tu# of ? a lew a <* d- 1 d '
If *kn Wtniiai *ad ho ih if laiiimiai oa
Iriai aad'f tne ?at.? o I . aaower ta t-e .e? tbat
lb? ranifb-at* *ae , oa . '* .-1 i e < u .1 ti. ?
otrr hr 1. ? %r> - i uc .r?wo that .4 . at .a. 1
Uteoa i.y tho a' te.t a n.t ?g pu?N to I
port - 1 ' ?o ee-h aeewt a# doty
an to rwou.t t a ?. .?? ?t.*? Road hnch tewt.
Hf m eooh oa ad the vmmm !
ff nanh a twtANH iai ?i be ghat vol '
hy naci >a*i4im *r ? aa wim?
here the Bbrt ? Mate-, ayaa Ok > tne 4 n ? ate- p*
lend* lo here h> g-owr tf It. I M>, ?e? not
ttayltttd ai.
the teeaae of the at' ate-1 tt-e ih* t-.t. Mt>M
tilh tipv-fi (' ? > ?<U ittwthdiaiM
oatrary if the ir-rt a* aa otrrth, thwt o?a ag
a injury. m dot* ? a#- ? a* la th* yo> * ? ?oe - the
detoadart dit' art y n et- >he ?#er to pro** tho- the
eortii. " wan ?? ? ?* a ret ta ta. ted ?f t* . toot
le proved the* th? tmiftn ad aaaetue.ee ta te
the rights if the <*e*e??ani IhM eoo ?a <> farv 0
mm, wader tho Mtoo aou M i< o ?b 0 the pt?
(ifioofWytkelvt Reyes* ee New T on gug?ev lit
Where tho toot.mooy ? a%t a* hut * ?*te ?4
toeo than oao ow-ataa it "* u net Itw. .? woo: a
o.re. hat act whoro aa a -re the to . a.awed to ho
the coatrary of it. netom at a the en noato Tho
judge.<it maot ho rooormJ ami o now tna g anted
THE r\cmc MAIL M IT.
Tho it t nd the fitdf Me . ill amen p t nayiwy
( ml p i ? l k ??j ?-! 1
toro F.Jpir M W gb? i t rjrj. , *o i ? f
Mr. Hmr) I Mluii ifVMrxl lor tb? j*o.it n* **4
Job* K. Ooo4wsit M> lb* * . *4*ut
Mr R. 0. Ro lotto woo i itmv ltMnnM mi
Bo irotif-'U ibM bo o.mb*r of I bo A ?4-< <>g
Committor' I* 1*?3 oad >?omIo4 i* oimp. *(tb<< u< i?
of i bo compacjr l? -*, b* 4 . t r?*i>mbor rc?-?4
Of ? loo* of M W?rr t l 4 V ?e?, H bo M
'CD ouch os oBtry II oro?!4 horo boo* bit 4uty vo boo*
OollQfJ lb* cviojooy.
Mr. Tboodor* T. Johurm **i4 Ibol * <W*)?t<b ot*l
him Mom Wo'liiBgtu* by Mr Hole*. l*otr?ci ng I..a
?oi to ourrendcr any dorumoRto to Mr Hi booU, om
lu onower to o loiter i*at oy bun to Mr Hu b.
fU. Wcci'MVi L tk.i>4?ibbu iiotottU too; bo i* \m*?- .
NEW TOKK
oer 01 lb* Boar l or Directors if tit* Pactnc Mail '
Steam?ht|> Company; tb>-y look lb* trial balance
eboi'l of the treasurer for ?\ ideiice ol the condition of
their affair* without making a cntlcal Investigation of
the hooka; they did uol discover an overdraft of
while bo was a director of the Hoard,
he bad learned of It unco; ha w>ut
ua the Hoard in the end of May, 1*7*, and ana elected
a member of the Auditing Committee ait or eirht
months alter; tho reports of the committee were
writieu, not oral, and wore submitted at the following
meeting of ibe Hoard and confirmed by litem . they ei
uiji:ned tho loans, and called for the collaterals to >(
it the security waa sufficient.
Mr. ltufus Hatch toatifled that Mr. Sage's reeoiuat "O
was made in coute<{uunce of lha arguim-m* brougbt to
i>eur agaiuat Liui; in relerence to the pool form?d by
Stockwell, 1'arks and himseir It waa composed ?l 30.'"at
hares, ol which each put in one third; by accident ba
ascertained that una ol hit partner* in Ibe pool had a>dd
bini tho rcry stock that bo put in; he taut for him and
told him that tne beat course lor him to pursue waa to 1
take it buck . he look it back, but not much lrtend?bip
had existed between them since; lit probably had more
of the slock than ho wanted, and doj?eridcd upon them
to bridge him over; the broker who sold htm the stock {
domed at Diet the source from which be bad oblaimsl t
it, bill hi' obtained proofs, Mr l^arxa was elected
member ol ttio Hoard ot Director! at iho same lime as
himself, Out be aul act take bis teat lor tome lime ,
afterward; be did not know wbelbcr Hark a was en
gaged id negotiations with other number! ol the Hoard
or not, nor whether be approached htm to thai effect; '
he did uol know who was especially active In bringing
about a settlement; the books would show that; he did 1
not kuow thai Harks was a coustaul advocate of it; 1
l'arks, be believed, took his seal in the Hoard of Direc- !
tort subsequent to the settlement; he was a director In
the H mania Railroad Company in 1873; wituess brought
to light discrepancies in the account! of the HnciQc
M ill Steamship Company to the amount of $2,0UO,uoo;
lio demanded thulactions be instituted to recover tho
umouuts from the parties couccrned; not much was
doue toward collecting ihcorerdratt of $130,&00 from
Stockwelk In answer to lurtlier questions Mr. Hatch
staled that in consequence of the revelations
'made aod the failure to punish tho parties concerned
iu the frauds perpetrated, the boards of directors of
the Hniiuina Railroad and l'acilic Mall wore broken up;
he did not reuteiiibor Mr. Harks saying that his relations
to Mr. Htockwcll were such that be could not
prosecute the Inquiries: there was no pressure brought
upon him (Mr. Hatch) to resign; the overdraft of
$130,600 was, he believed, still uncollected: Mr. Stockwell
went to Kuropo i-oou alter these airairs transpired.
Alter considerable verbal sparring bctwoun Mr. Bennoitnud
Mr. Match as to whether the hitter's reluctance
and rcli snl to answer the torinor's questions frankly j
proceeded from tho fact thai the answers would implioAie j
directors of both companies, Mr. ltenucll asked lor an
adjournment tor the purpose of carrying the matter ho- i
fore tho courts and compelling Mr. Hutch to reply to I
his queries. Atior some discussion a continued examination
of the wituess lailod to elicit anything but a remarkable
lapse ol memory, and the examination was
udjourned.
WHISKEY IN JAIL.
The furtlior bearing in the case of the United States
against Warden Watson, of the Ludlow Slreot Jail,
charged with having permitted the sale of liquors and
cigars in iho said Jail without having paid tlic Inlornol
revenue tax, was had belore United States Commissioner
Shiolds yesterday.
Abraham B. Davis, clerk of the jail, testified that ho
had not seen any liquor sold thero since Warden Watson
took chargo of the jail on January 1, 1876. Witness
is a Deputy Sheriff, keeps tho accounts of the
jail, and makes returns to the Sheriff; the proceeds of
the sale of liquors were turned into tho general account:
Warden Watson had nothing to do with such i
sale*, and had frequently given strict orders to tho |
keepers utid to Sam Opi>enheluier, a prisoner whom It |
was supposed sold liquor, that no liquor should be ad- (
mittod lo, sold or consumed iu tho jail while he (Watson)
was tho Warden; hud known Unit Watson seized
ten or fifteen bottles oj liquor that friends of prisoners
wero trying lo smuggle into the jail. ,
Lawrence Connor, keeper, testifiod that a prisoner
named Mullin. alms Smith, said that he was sick and '
wanted a drink. Witeess told him that lis would "boo l
Sain " and soe what he could do about it. Ham told .
him (Smith) to pick out a bottle In the rubbish room. '
Smith did so. Witness could not tell what Smith got.
At lirxt ho said that lie saw Smith drink something, but .
could not tell w hat it was, nor the color ofit. Afterward, !
un cross-examination, he said that ho did uot see Smith
drink anything. Ho had been night watchman in the .
jail for nino months, but had never seen liquor sold '
there.
Adjourned until Monday next.
DECISIONS. c
SCTBEint COVET?CHAMBERS,
By Judge Barrett,
Vunderpocl vs. The Mayor. Arc. ?'The application for
a writ of cortiorurl denied, with costs.
Iiurduu vs. Farmer's Milk Company.?Smith 8.
Eaion appointed receiver on giving a bond with two
sureties iu (15,into within five days, und allowance of
(SO awarded to jilainttlf.
Sherry vs. C roll us.?Stay of proceeding* vacated,
also liino to servo case.
1 owler vs. Muherbach.?Motion grantod, and James
M. Sweeney aud others stricken out.
Collm.i vs. liowe?K. Delatiold Smith appointed guardian
ad litem lor tho inluut defendant.
Sbrndy vs. Crotty.?Motiou granted, with $10 costs.
Memorandum.
Mai.or of St. Nicholas avenue.?Motion grantod.
Deference ordered to tako proof".
llohaunon vs. Touuscud el al.? Ileport of distribution
conlirmod and order granted.
Matter of Stewart ? Kphraim I). Hi own accepted as a
?uruty iu place of William Kennelly, and bond appro
vi-d.
Weaver vs. Anderson.?Motion to amend granted,
but amended complaint most be served in five days.
Vissolu-r vs. Itrennan ?1 am not satisfied with these
sureties, and I will permit further evidence to bo
taken.
Trumborll vs. Truniberll.?Keport conflrmod and
Judgment, Ac., granted.
Mott vs. Molt.?Ordered thai the trustee be authorised
to expend not exceeding (500 on repairs on vault,
\r.. and to deposit $5,000 lor permanent repairs.
Collin v?. White.?Keport confirmed, judgment ordered
aud allow unco of $250 awarded.
Weaver vs. Anderson.?Motion granted unless tho
amended complaint allowed (on the other motion be
served in five diva; no costs.
Harnett vs. Meyer.?Motion granted for first Monday
of February,
Kuflesou vs. Hoefnngle.?Motion grantod, allowance
of ti\ i*r ccut awarded and order granted as suggested
by M r. TOWDsbSUd. I
Meyer n. \t agnor.? Motion denlod, with $10 costs.
Memorandum.
Mvr<hunl? National Hank of Newark vs. Hamilton.?
Memorandum.
Cameron v? Mllinacht.?Order that Henry A. Frost
l>e i niiiiued to the common jail of tho county until
he pay- ihe costs, amounting to (50, directed to bo
paid by tho order of December 13, 1375.
sri'R^ME cock ciBcurr? pabt 1.
Iljr Judge Van Vorst.
Fhptnun, Ac , vs. Hodman ?Order signed.
SlTlikMK OOt'ltT? SPECIAL TJCltM.
Ov Judge Donohue.
Darker, Ac., vs. lloft, Ac.?An allowance of $250
granted.
t ?. Fowler et al.?Memorandum for couuseL p
\ , I., v- k^uitable l.i t? Assuranco Society ct al.? t
Peeree signed
nummary of law cases.
I ho genii, in. n who served as petit jurors In tho li
I i uj-iv .null Court, criminal branch, during | t
in ia?t term, ??re yesterday finally relieved from ; j!
i' ?:.d rer. u .orated for Utelr labors in the sum of !
I Ul t .? ' ' ?.
lu tb* ce*? of lb* People'* Saving Bsnk (bo prelim- .
tnary lajaaettoa (rtnud tome itmo slnco ?ii ycater- ^
lay ..i . I by Ji; lg- II irrctt It wus chargod that ^
i ag to a err* In the l>auk * mortgngo for J
I^OW ?w voUtlou ol the lew. p
ii ?J to ? en grad talc* of Columbia Collogo n
iMW' of lb* M Vork t'uiveralty live others, J. a
w em H?mt|tol, U. Noma Campbell, (leorge S. t,
i .. u in, J -?rg. ul Hrun end t'harlea H. Taylor, who c
i * eta 1 by the a**miuer* appointed by *
i # !- pe. ti e t irt. tienotal Term, were yesterday ad- gl
a, twd I* tbi Itar. u
4e a??i*r af arrae* waa granted yesterday by Judge
i , a ?iipf*wi*l- art. Chambers, against Fan la- V
i. ?a ? ?r J?? tali* C Buaaelman brings an action
, 4 aia .1 eg damages for alleged
tfiati af peanca* aed aaducttnn. Arcording to tho
ta>**f a tB* f afari ?be waa formerly in hla employ
a* a Wt #* "
ittif r.ti. i t ailor--three Japanese law tl
asaw as* a reaadaf lb# Stale court* yeaterday. ai
Tb* pe-??t**?* a r >t the court* apparently in- I T
r. -to > ? , r., an etrrrst enhanced by the tl
a* (bay aN abaaatagbiy uadersiaBd the Kngllah
bMM*
. a sb? ' bew< . bl by Jama* !>umpby against the
* ' ?' >Tr Ju Ige Jtpier, of tb* a1
b 1' "oo iau>*f#s lor ejectment ,,
fr?ia -ear. th. i iml wliM-h hat e been pub- I
t??d, a ??rt s era* rendered yellarday for $ 1,000 in ,
|*mv af lb* ydaiauC
easwrbiy eeaewg wait, in the t'ntted state* Clr- 11
aadtest maataai breach, J edge Benedict will paaa
- MM ? ' ' si in r interfiling Called
" a- '* I '* tl' i f t i o intiTleiting ,
Mr hi t itrlfet aa* Km iio Utobtr* f.-r uttering a ' I*
taamrba wa SsHar baat acr la the c.?ae of Mra. t<
Ma Matt a BaMa toe aa arreat of jodgaMBt and a new [
il ba wad*,** tb* arattad ol error in the Judge's !
rbarg' p
? at Wu* ?* af th* ordinary line look place yea- ' tl
terdey ba'aee b vf Jaatw* ttonrll, of the Superior j
? ?e*ab K I argaat bro tlit sun against Isaac n
i* * viae ( Jswrpb A. Jack-on, to rocovar pa> i ,
*< < <* si i l gitu.ial# child ol tlr. .
v. ri % i.intcbiad. Mr. ; '
1 ' ' ?+t wg ' p at and Mr. W illiam Oil- . J
' 1 retailed in a verdict lor i r
I- ? : r [
" 1 ' ! ?' ll?* t"rj t?' ii C"<>u?i-? ! Mc?*r?. ,
* * < .t. ' " t h r ? I> vlio. hav* ron > 4
'bat tit* M; ha?* Ittiily day* iMltKM tlno I
to a*??*r ? h* mi krM|kl Nlf?* H kjr Dnln h
' " ? ? j i??t a! oUch it *n (l*rrati>J*<t t>y
1 " -J ?? - Th.t txtfn?: >? ?Mrli*a only
' If I III J :( rr.NTI| It ho llvdo bill
BMM*> I B Itt* MlMMi tilth. MO.
I >bB I! IB *u?4 Ut* rnjr to rwotlt f2V<?Ort fur
fa .to tarry * . a ,.i . ? t u> umiM a hrl<1a* to
i ik* i: r ; <u. 1 kini't urxlf*. oar.T the Uar ooi
Hi?*r TaaaaMcaNia to ui*. y*at?r<l.iy oo.'ort ,
J Witt Vah ti. t-? ?.w4i t n iwiuu,va ait 4. j 1
HERALD, FRIDAY, JA>
the plnintllPa opening. the Court 4i-mimed the
n?l>UiM oti the (m?nd thai under the let of lNdffaon
rncU for bridging the MVriem Hirer were forbidden u>
e u.ade iitlieii the concurrence of (be lh |?rto*eai of
arka, an t that in the prearml rait racfe condur net
?u not ikeie.
The j?n were unable to agree In the cult of Um
IveManr agunet the Third Arenue Railroad Company,
*<1 renteniaj morning Judge \ an llruul ordered their
Uncharge fl claimed flu Cam damage* for injnrlea
eatalned. a* *t? ell?-ged by being pnahed off tho platrtb
of a crondad car It ?i< laird that the;uiy
beet nine for the ptatnliff and three fhr the defendant.
In el irt e ill he Made by Mr t'harlea WUele, the
laiatiff1! eounael, to hare the cm rpeedlly retried.
In the i nan of the I aited Metre againel Tlmmaa
I. wart steward on the -kin Nr|>tune'? Car, cunmil
e I by l bited -ttlea Cemm.aeionrr whom far etlrailttea
to If n ft and on o rharge of aaaiKiai at. oBeer 1
'I the aal<1 >iii|< ertth intent le kill Judge Hlnl<-til<>rd,
if tha I mted MMci Ihetrirt t urt. granted yeterday
rrlta of habooa rorpM and certiorari, on amdicatioa of
1 H I'urdy, roeneel for , ri...uer, r.-tuni?ble to moron,
on grounds of tnauM' lenrjr oi or idea re of the inent
to kill
home conMderable time waa o< mped jetierdar In
ha f nprenie Court, tleneral Term in the argument on
pprel of the cane of Harriet (I tilerer againat the city
Ire Meter, an mil be remembered. ana next of kin
o Nathan A|i|mIiou Lee, who dted in IH3, and. eecc#e?l
n>( u hoar It db. Mr It rod lord the then T'iblK Adtaini*raior,
took |?eer*a4un of hit oatale A man nun -d
o IIA.ouu againm ihf ? ( (?, U'Inu order of the
'urrogaie. a turn defence ,.nly hat inr twee lalerpovWd
>y ttra-1 tor-t. obtained #14,M7d tl Both Bradford an I
lently having aboconded, llnoait *?? brought agaloat
he city to recover the tmennl |?a?'l o the >?i.rrogale'?
rrdor. Thu Court took the paper* ami reaarvod it* danun.
A can# agatnat the Belt t.lne Railroad waa tried yes
ordav bciorc Judge \ aa Itrunt, la the Court of ComLot
i'leas. precisely similar id ila legal **? # ! t? the
me tried ii, the same Court tie d?\ prer >'i?. Uici-i.i
acta of which wore published in yustdrday'* Haaai.n.
in the auit yesterday Jaine* W. Morgan asked flo.'JWO
lumage* on account of iniuriea eueiained, to bo
tllcged, through a trutk colliding with Ike car on
which lie waa a passengor, ha aim.<llng at the time >11
:he platform, which, together with the interior por
lion of the car, waa crowded to vullocatiou. I'he de
cuce u na that he waa alnudlnc on the iiep of the p at
form, whoro ho had no buatnoo to l?e. Judge t Hi
llruut charged substantially the satuoaa 10 rb" Swietier
taso. The jury wi l bring In a aoalud verdict tin*
noriiing.
The carte of Walter Donaldson ft Co. agunit John
Rapes, tried in the Marine Court y utorday Ixiore
hnlge Mr. Adam, created considerable interest among
.hone interested in coal ai dealer* and retail cuatomem.
The defendant bought a cargo of Wyoming ?<>al at
# > 26 a ton, amounting upon t>-i.., t..e i ' 1
purchased, to #1,326 25, the amount sued lor Tue
defeuce contended that the pUlniiH- warranted the ooal
to be first quality, clean, bright and well acreoned, md
that there wag a broach of the warranty In rd*|iect to
quality, which wo* pronounced by the defendant'*
witnesses as inferior, being about one-ball slate and
dirt; whilo the plaint ilia' witncssce, dealer* and
miners from Pennsylvania, tostlflrd that there was not
over three per cent of slato ami dirt iu the coal, and
that this was a f.dr percentage on tho average run of
coal sold In the Now York and Pennsylvania markets.
Tho jury, alter an elaborate charge (rom the Court,
returned with a vcrijiot for the plainlifl Tor #1,131, to
which the Court added tho usual allowance.
COURT OF GENERAL SESSIONS.
Before Judge (iilderslecvc.
TIIE MARSHAL ARHON CASE.
The continuation of tho Marshal arson caso occupied
the attontion of tho Court lor tho fburth d*v. The
evidence was concluded, and Mr. William'V. Howe
summed up lor tho defence. Assistant District Attorney
Herring will sunt up lor the people thu moruiug,
?nd Judge Uildcrslcove will charge the jury.
THE OLD, OLD CAS EE.
John Morton, a marble poll6her of No. 226 Wosl
Eighteenth street, charged with having on the 10th
nst. stolon a pair of pincers and a quantity of rag* an cf
cad pipe from tho premises of James Piuley, No. 141
Eighth avunito, pleaded guiltv, and was sunt to the
tin to Prison for two years and six months.
Kdtrard Thompson, a negro cook, was sent to Stato
'rison for two years on his admission that ho had on
'uly 1 visited the tailor shop of Adolph Htlckel, at No.
,26 Clinton place, and by menns of a protended order
rom Lewis k Congor, of No. 1.298 Broadway, in whoso
mi ploy ho rcproseuted himself to be, had obtained a
nut ol clothes.
James Halpin, aged sixteen, or No 42") East Fifteenth
treet, who admitted that ho broke into the liquor storo
if Patrick Bums, No. 610 East Fourteenth street and
tolo a bottle of gin worth lifly cents, was sent to th c
emtunliary Ggr ouo year.
TOMBS POLICE COURT.
Before Jndge Flnmmer.
A SOfTHERN SWINDLED ARRETTED.
James I,. Kyle, twenty-four years of age, a native of
eorgia, was arraigned on a charge of receiving goods
indor falro pretences. It was alleged by William A.
Julbcrt, of the firm of Hulbcrt & Co., No. 83 Chambers
itreet, that on Uic 20th of November, 1875, the prisoner
cam# to them, and upon reprosonttng that he was
Oliver for Kyle k Hammond, of Charlotte, N. C., and
authorized to purchase goods on thoir account, obtained
twelve revolvers of the value ol $3A. It was
subsequently ascertained that the prisoner's rcprosen.ations
were utterly Inlso mid fraudulent, He
managed to eludo arrest until yesterday, when
le was taken into custody. There wa s
itlll another complaint pending against htm
<>r obtaining $100 ou a worthless dealt drawn upon the
kforcsaul Kyle A Haiumou, and tho victims wcro
Messrs. Graham, Harris k Co,, doing business at No. 88
Jhambors street. He represented that he was the
irothcrofMr. Kylo, of North Carolina, nnd had lost
lis overcoat and memorandum book in the car coming
roin Philadelphia. His manner aud address were so
?asy and oil' hand that he had no ditUcultv in gutting
tnshed tils bogus chock, no protended to Graham, Har i*
k Co. that be wanted to purchase a quantity of
iruahes. In answer to the charge the prisoner said he
lad nothing to say. Kyle was further committed on a
ihargo of stealing a shoo brush, valued at sovcnty-Ove
ents, from tho same tlrm. His arrest ID this instance
oil to his identification as the party who committod
he above swindling transactions and to thoir development.
It is said that Kyle has been fleecing several
ending merchants tn this city. Ho was hold to answor
>u all the charges.
ATTEMTT TO KILL HIS MLSTBE8S,
Robert Dietman, alius George Smith, was released
rom Sing Sing a few days ago, his term of sorvice In
hat bastille having expired, and came to this city. Ho
lought his former mistress and Anally lonnd her in a
iousu of ill fame In Kllzaboth stroel. Ho entreated
icr to loave the place, hut she refused. Olctman drew
i loaaeu rouiwi nuu puiuiuu u ut uur iicati turn |?uucu
he trigger. Tho pistol inisued fire nnd before be could
epeat the attempt bo was overpowered and arrested,
ustico >'la turner held him in $2,000 bail to suswor.
EXCISE VIOLATIONS.
Six persons arrested for broach of the excise law, in
elling liquor without license, were held In $100 each
o answer,
PROGRESS.
Workmen wero busy yestorday afternoon In remov*
ng tho disgraceful old pens In which prisoners brought
o tho Tombs havo heretofore been eonllnod like beasts
n a inemigohe. In luturc there will be separate rooms
or them.
THE CRISPINS' STRIKE.
Michael Sheridan and Conrad Carroll wore arraignod
jr disorderly conduct. Tbo complainants, Messrs.
lannan St Reddish, boot and shoe manufacturers,
lo. 35 Warren street, statod that In cggisequence of
heir having employed non-society men for the pur*
ose of instructing them in tho operating of certain
ew machines, the defendants and others congregated
round their store and guvo thera considerable annoy,
nee. Justice Mummer held the dafendautsin $500 ball
o keep the peace for six months. A writ of habeas
orpus was subsequently sued out, end the prisoners
rero taken beloro Judge llarrett, ol the Supreme
ourl The miuutes of the case not being in the posesston
ol the Clerk the examination was postponed
ntil to day st eleven o'clock A. M.
WASHINGTON PLACE POLICE COUBT.
Belore Judge Morgan.
BURGLARY IN NINTH AVENUE.
Hugh Campbell, of No. 408 West Slxteonlh street,
as held In $1,000 to answer for burglariously entering
IV QOUSO 01 > UUIIIOO "li" llliniu.-, ,?u, du nimii itcuuv,
D(1 attempting to steal a bag ol oats valued at $1 50.
he prisoner was arrested by an officer just at be left
le building. ,
ASSAULT WITH A PITCHFORK.
Michael Long, ol No. 412 West Sixteenth street, ml
rrested by an officer ot the court squad for assaulting
enjatnin Wallace, of No. 91 Horatio street, with a pitch>rk.
Mr. Wallace went with a marshal to diepossoas
onp. Tho latter resisted, and with his wife comiltted
the assault on Mr. Wsllaca
THK NEW YORK PLATE GLASS ASSOCIATION.
Mr. C. B. Rouslia, charged with unlawfully 0|>e/iing
iters addressed to Jonah Andrew, I'rosldont and atirney
for Ibo New York Plate Glass Assoolatlon, woa
rought up for examination. The ruse was fully roorted
In Tuosday's Hkrald. The defendant claimed
hat ho was a member of the Board of Managers of the
ssoclatlon and was credited with #10,000 stock. Counellor
Schwab contended that ho therefore had a right
t> open letters addressed to tho association. Judge
lorgan decided that any member of the association
"U d open letters sddrcssod to It. The prisoner was
ine of the members of the association and had com*
nit ted no crime. If an agreement was decided unon
letwvou the members not to o|>en letters, then he had
inly violated a civil contract. There was no criminal
ivtdrnce again-t tho prisonor and he was discharged,
dr. Itousha left the court accompauied by his Iriends.
ESSEX MARKET POLICE COURT.
Before Judge Smith.
ATTEMPTED SUICIDE.
John Rusk recently srrtved In this city from Kansas
City, where he had been in business as a tailor'* cutler,
At A Ulc kvW ua W?4#W?dV Bight fJUtca
rtJART 28, 187C.-Tnra SUf
w w . - . ???
McClernan, Of tho Eleventh prcclnct, noticed him
rapidly beading toward the rlrer at the foot of Fifth
street, and, following bltn, juat barely succoodcd In ^
preventing him from jumping into the water. After a
I ilt ,w iatt struggle tho officer overpowered him and I
took hilu to the station liouso. Ho thcro oxpresscd a
doairo to kill hiuioelf, and when taken to court yesterday
morning reiterated his wUh to dio, saying that ho T
was tired of life and would accomplish his purpose at
the lirst opportunity, lie said ho had wealthy iriends j .
and relatives in this city and was well off' himself. He
persistently refused to say why ho attempted to kill A
himself Hi-was committed to the caro of the Com- g0B
missiouers of Charities and Correction. .
The would ho suicido is a man of tine personal appearance
and intclllgohce. Ho was dressed well aud con
had considerable jewelry upon his person. Pul
" doc
FIFTY-SEVENTH STREET COURT. ?A
Before Judge Duffy. lK.|
THE THIRD AVENUE BANE CASE. Soc
According to adjournment, two weeks ago, this case 0f i
came up, as It was expected, for a final hearing. A do- no
cision on the potuts of law raised particularly In rofer- So<
snce to the case of Thompson W. Docker was to have car
been givon, but the failure oTthe counsel to hand to the mn
Court their brief* at the time specified rendered a de- res
cision yesterday Impossible. An adjournment was gig
therefuro lakon to a day to be boruuflur named by j
K? TKa ">un? t\f thn rtthdtr flAfdndAniH.
Carman, Bates, Morgan and~Lyon, were post- j
pound Tor two weeks, pending the decision in Decker's aJ<
ca?* h
COURT CALENDARS?THIS DAY. ?j?
8ui-k?m* Court?Chamiirks?Held by Judge Bar- me
roil ? No*. 54, 61. 62, 78, 94, 176, ISO, 190, 200, 207, 237, wh
247, 154, 206, 272, 279, 282, 283, 286, 287, 288, 289, 290,
! '291, 292. 293. be
Muurkmi CockT?General. Term?Hold by Judges f
Dav>4, Brady and Daniels,?Nos. 54, 50. 56, 09, 68, 71, hei
78, 19, 00, 60. 72, 81, 3, 02, 13, 15, 37. 45, 79, 82, 104, 105, of I
124. cil
i suprmmr Court?8rr.rjai.TEKM?Held by Judge Bono- I1'"
hue ?Nos 280, 286, 287, 288, 232, 202, 201, 294, 15, 19, j
39, >4, 5a, 09, 66, 72, 71. Bo
Suurmhr Court?Circuit?Part 1?Held by Judge uti
Van Vorsl?Short causes.?Nos. 2309, 1465, 3005, 1839,
34o7, 1661, 2000. l'nrt 3?Held by Judge Lawrence.?
No*. 19131,, 1777, 1691, 1741 i,. 2271, 950, 2283. 2350. Co
svturiuk i ourt?Trial Term?Part 1?Hold by Judge tb
Mouell.?Nor 1894, 1630, 1831, 1906, 1621, 1792, ls84, tn
1815, 771. Part 2?Held by Judge Spelr.?This part pr
will iM .t Part 1 in disposing of the short cause n,
I calendar dc
Common Pleas?Trial Term?Part 1?Held by Judgo Co
V hi H'lcscn. case on. No. 573. Part 2?Held by Judgo d,.
| Van Brunt.?Nos. 11 >7, 1249. 1263, 1208, 1268, 1275, B0
1292, 790, 1294, 1404 1400, 1480, 1315, 1334, 1330. 1336, ex
, 1 149 1345. 1:2.7, 1559, 1367, 1370, 1372, 1377. co
Cumron Pleas?F.ijuitt Term?llolu oy Judge Daly.? <jc
I No 20. m
Marin* Court?Trial Term?Part 1?Hold by Judgo w
Shea ?Nos. 6224, 3767, 3319, 3799, 0975, 6201, 61u6,
: 6022, 379a, 3694, 6414. Of.17, 2969. 5924, 6054. l'urt 2?
: II Id by Judge McAdum ?Nos. 6139, 3488, 34W, 0676, tp
t>566, 6 0V 6.548, 6301, 0343, 6510, 3783, 6140, 2541, 6668. |u
Part 3?Held by Judgo Shoridan.?Nos. 5408, 6069, 6240, ns
5606, 6461, 5860, 3399, 3400, 6494, 5858, 0863, 0881, 5870, isj
58.59. 5728. u,
Court >r Grxkral Sessions?Held by Judge Gilder- (p
sleeve?The People vs. Henry ritarr, robbery; Same vs. si
Henry Payne, robbery; Naino vs. Albert Lynch, robbery;
8*1110 vs. Ambrose Hudlmentl, felonious assault
and battery; Same vs. Uivanni Murotta, felonious as- fo
sault and battery; Same vs. James Farm.in and Philip .
MoHuIre, burglary; Samo vs. Frederick Brick, grnnd
larceny; Same vs. Adam Uendak, George Wiltowsky
and Goorge Harbour, violation of gambling laws: Same
vs. Peter Smith, petit larceny; Same vs. John Tergen, Y<
petit larcony; S*me vs. Patrick MeUuire, petit larceny;
Same vs. Francis V. Marshall, arson. ft
THE BROOKLYN WIFE MURDER, ft
Tn* INSANITY PLF.A AOAEN SUSTAINED.
wl
Yosterday foronoon, at ten o'clock, the Kings County ?a
Court of Oyer and Torminor convened for the fourth JJt
day to continue the trial of Joseph J. Burroughs, who or
on Saturday morning, November 13r 1875, ktliod his #B
wlfb, Klixabeth, at her reeldonce In Fifteenth street, ft
near Fifth avenue. Gowauua Judge Pratt and associate pi
justicoe occupied the bench. The floor of the ft
court room and the gallery were crowded. The tb
prisoner occupied his sont at the Bide of ex-Justice of ^
the Peace J. Dally, and stared vacantly with that per- en
tistoncy which be has exhibited ainco ho first ap- "'<
pearcd in court. The sentiment of all who have
watched him closely In court has been from tho first 1
that if the.prisoner Is only simulating Insanity he Is
doing it so woll as to deceive the most sceptical. But #t
when on Wednesday afternoon the aged mother of Ca
Burroughs told of the prevalence of Insanity in his
fnjnily and of his own permanent injury ou tho bead 0D
when a bov of fourteen years, then there was no longer
doubt expressed as to tho mouta! Irresponsibility of the do
accused, llonco there was but littlo surprise whoa lei
tho trial was suddenly terminated yes- t0
lerday moVning. Aflor tho jurors had an- 1
ewored to their names District Attorney pa
Brilton rose and, addressing the Court, announced that
he had become convinoed that the prisoner Is iusnne. 1
Ho had never seen the man till tho time be was ar- in
raignvd lor trial, when he becamo satisfied that it was da'
a serious (]uostion whether the prisoner, judging from so
his appearance in court, was not afilicted with some
phase of insanity. Ho did not claim to be an expert,
but circumstances bad made it necessary for pt
them to cxamino thoroughly that question. He had .
now become strongly oonviucod that the prisoner was | [,c
afUicted with a phase of insanity Known as do- ai
' moniia. On the secoud day of tho trial he ur
j had bocomo so confirmed in that he- pa
lief that he had felt it his duty as a public
I officer to satisfy himself upon tho subject as
J well as the public With tbat purpose in view no had
IQlGgrapmm to I'r. JVIiu iTuiuamu, oI.uv Vyijuiiuisdoner
in Lunacy; to I)r. Gruy, of tho Utica Insane Be
Asylum, and to Dr. Kellogg, Drs. Gray ami Kellogg
camo ou ami closely observed the demeanor of the
prisoner In court on Wednesday, and then went down
to the Raymond Street Jail, wliero they remained till
midnight examining tho condition of tho prisoner. wi
These doctors had formed tho opinion that this was a
case of serious dementia, so serious in its form that it co
is hardly possible for hltn to recover. The physical to
condition of tho prisoner Is as low as his mental state,
and he (the District Attorney) would, for these reasons,
abandon the prosecution. th
Ex-Justice Daily thauKed Mr. Brltton for tho oour- m
tesy he had shown t>> the prlsouor's counsel since the
trial began, end said be was very glad that tho in
case was so palpable as to leave no doubt as to the us
question of insanity. sa
Judge Pratt then charged tho jury, saying that they Si
had heard what had been said, and that it was not his
duty to wring a verdict from the jury which was not in
accordance with tho ovldenea It, therefore, only re- iv
maluod lor (he Jury to roturn a verdict that the prisoner
was not guilty by reasou of his insanity. The Court ro
took occasion to commend tho District Attorney for
tho euorgv sud ability he had displayed in the management
of tno cose.
The Jury assented to the direction of the Court rondoring
a verdict in accordance therewith.
Tho Court Instructed the District Attornoy to raako an
out a commtimout for the prisoner to the Iusano _v<
Asylum.
HEAVY VERDICT AGAINST THE CITY Ai
OF BROOKLYN. ?l
Tho suit of tho heirs of tho Cowenhoven estate , *!l
against the city of Brooklyn has just been concluded ! g0
in the Kings County Supremo Court, before justice fJ'
Gilbert. Proceedings of ejectment were begun against la
the city by fencing In a part of Atlantic avenue and se
tearing up the track of the Atlautic Avenue Railroad J?
Company. A compromise was effected, and the case th
was brought before tho Supreme Court. Ths property Ti
in litigation Is situated on Atlantic avenue, including a
portion 01 inn lll<>ruilgiii<irr ui'vut cigutj icc? in
width, the wholo valued at $100,000. The property was s
seised by the city and an action ?m begun fur the re- ii.
covory of $100,000, the value of the land. The Jury
yesterday rendered a verdict for the nluintiffa for the
full amount of tho claim. This was the third trial of
the cult.
COURT OF APPEALS.
Alrast, Jan. tT, 1170. IV
Tho following cases were argued to day:? hi
No. 55. Marks vs. King ?Argument returned and th
oonoludod. b<
No. 00. Henry If. Blossom, respondent, vs. Tho Ly- m
coming Firo Insurance Company, appellants.? Argn- of
ment by O. W Chapman, of counsel for appellant, and wi
I by O. W Hotchkias, lor respondent.
I No. 90. Ztna W Alexander, respondent, v? Austin
M. Hard and Others, appellants.?Argued by O. W.
Chapman, of ennnsol for appellant*, and by G. W. be
Hotchkiss for respondent. Sl
No. 9ft John Heerinhns, trustee, Ac , appellant, ra.
Oeorge P. Clarkeun, impleaded. Ac., and others, re- -L
s|K>cdenta ?Argued by A. Iladden, of counsel for ap- jf
pellant, and by S. S. Kogera for respondent. _
Proclamation made and Court adjourned.
CALKNOAR.
The dav calendar in the Court of Appeals for Friday, ...
January 2S, 1*76, Is as follows:?Not. 145, 153, HA, lip, ,,
150, 150, 159 and 103.
THE BONDS FROM A STOCKING. "
_____ ?
The hearing before Surrogate llaynen. of Queens 01
county, on application to compel Thomas glowsy to ac- p
count for bonds to (he amount of $*,000 alleged to have
been discovered hidden in tho hotel formerly occupied ^
by Terence O'Brien, on Fulton street, Jamaica, was
coucludeu on Wednesday evening. Slowey denied that .
be fouud the securities hi tho O'Brien home, as he end 1
others at first reported, and alleged that he procured
gate oamo 10 the conclusion that o'llrien's heirs could
| not establish * case, and dismissed tho bearing.
n
DEATH BY DROWNING. d
?-?? ti
About Ave o'clock yesterday mommy an unknown u
man foil off of pier 55 North River, at the foot of West n
Eleventh stroel, snd was drowned He appeared to be ^
about forty yearn old, had brown hair and red mus- ?
tarhe. and wore a black and red undershirt, black suit, e
chinchilla ovcrco.it, bluck felt hat snd Concrcss tl
yaiters lie was brought to the Ninth precinct station n
: house by two officers, and from there the body was tl
k J Mid iv the Uvr>utg, veroaei Closer wu uotiilcd.
TLEMENT.
BOARD OF ALDERMEN.
* i
BOB ON PUBLIC WOUK8?THB 188171X0 OF ASSESSMENT
BONDS?NON-RESIDENT OFFICEHOLDERS
TO BE OSTRACISED. J
he regular weokly meeting of the Board of Alder- g
n was held yesterday afternoon, Mr. Samuel A. ?
via in tho chair. g
i communication vroa received from the Stone Ma- i
>s'Society relating to a paper which bad been sent t
it tho last meeting of the Board, on the aubjeel of ' t
ifirming Mr. Allan Campbell aa Commluioner of \ c
jlic Works. They deny the authenticity of thia ,
ument, and eel forth the following statement:? j j
a the protest agaiust the confirmation of Mr. Camp- c
I, and purporting to be the act of the Stone Masoua' t
iety, ia calculated to mislead and place the members s
our organization iu a false position, and as there is (
organization of atone niaaona except the N. V. Bsioly
of Operative Masons, that society takes the .
host opportunity of branding the protest aa an un- I (
Ligntod fraud and a trick 60 far as It pretends to rep- I
ent any organization, oxcept the two persons who {
ucd it and one other, who did not sign Ik"
'ho communication was received aud placed on flic, i 1
TliH Pl'BUC WORK.". ;
tldcrman 1'rRROY ottered tbe lollowing, which tu 1
>pted:?
iceolvcd. That tbe Commissioner ol" Public Worki be and
lercby respectfully requested to report to thU liocrd at
nuxt meeting bin opiniou iu regard to the best mode,
ether by contracts or day's work, of performing the work
ntloned lu section 2 of chapter 477, Laws of 1875; also,
ether iu bis opinion the nature of the said work require!
1 the intercut of the cit.y ilcmau.la that It be left dictionary
with him at to which of tbe two aytteina should
employed, lie It also
tesolved. That the Counsel to tbe Corporation be ami is
reby respectfully requested to report at the next meeting
ibis Board bis opinion as to whether the Common Couuhavo
the power undar said act to direct in which of said
dus the said work shall he performed, and tbe extent and
iltalton upon said power. Hu it also further
tesolved, i'liat all ordinances now pending before this
ard directing work to be douu under said act be laid orer
til said opintona be received.
KKUEP FOR THE POOR.
Alderman Colk ollored a resolution requesting the
mmhsioncrs of Charities and Correction to ititorm
0 Hoard as lo what action thoy intende d to tako rola
e to relieving the poor of the city under the approtuHon
given that department sir. Colo contended
at $S0,000 was appropriated lor this purposo, and no f
cldeu movements woro this year Inaugurated by tho
mmissionors to distribute tho money. Considerable
bate ensued upon this resolution. It was argued by
me of the Aldermen that the appropriation did not i
coed a lew thousand dollars, and that 3,700 tons o(
al had already bucu purchased and wns now being
divered to the deserving poor of the city. Tho whole
utter was finally re erred for Information to the Cotuissioncrs
o< Charities and Correction.
THE ISSUE OP ASSESS* KXT BOKD8.
Aldermnu Ktrhot presented a resolution requesting
e Legislature to pass a law that whenever it -hall be
wful to issue any bonds of the city of New York for
segments or other purposes the samo shall bo
sued in denominations ol |20, $50, $100. $500 and
iward each, prelcrence to be given to applicants lor
io smallest amounts and smallest denominations ol
ich bonds on issuing the same.
KO.N-RESIDENT OFFICE-HOLDERS.
Alderman I'urrot presented tho following ordinance
r the consideration of the lloard:?
1 ordinance to prevent non residents from holding oltlee
in any of tbe departments or tranche* of ine government
ol tbe city of New York.
I no Mayor, Ajaermen anil nomuionaiiy 01 in* I ujr oi .lew
irk do ordain as followsj?
Suction I.?No porson who U Dot a citisen of the Hlats of
sw York iilid a resident of tlio city and county of New York
all be eligible to appointment to any office in uny or either
the departments of tho city government, either as prrslnt
or commissioner, chiel of bureau, cleric or officer
ereof, or employe therein, whether legislative, executive
Judicial; nor snail any person not a resident of this city I
Iki may bo so employed Or appointed huvo any valid claim
;alntl tlio Mayor, Aldermen or Commonalty of said city for
ly salary, wages or compensation under or by virtue of |
ildlng any office In either of auch departments or braucbes
the city government.
Bsc. 2.?-Any person holding any appointment or office or
epluyod In any of such departments or branches of the
iy g'ovornmont, except teachers of common schools, who
all, while holding such appointment or office or so euinyod,
remove from within the limits of this city, shall be
eiued thereby to have resigned such appointment, vacated
ch office or abandoned such employment, and it shall be
e duty of the head of every department or other person anoriieu
to muke appointments or give employment to apiut
or employ a resident of this city to the office made vent
or employment to surrendered by said removal from
Is city, as provided In section 1 of this ordinance.
Sue. a.?All ordinances or parts of ordinances inconstant
or conflicting with tho provisions of this ordinance are
reby repealed.
skc. 4,?This ordinance shall taks effect cm tho 1st day of
iy, 1676.
Alderman Haas favored the passage of the ordinaneo
once; so did Aldermen Bryan lteilly, Shells, Worthy
and others.
Alderman Morris' motion to lay the matter over for
e week was lost.
Alderman Billings approvod of the principles set i
vvn in tho ordinance, but as there might bo some 1 i
jnl difficulties in the way lie suggested Us reference | ,
the Corporation Counsel Tor an opinion,
rhts motion was also lost, and the ordinance then
seed by a vote of 16 to 6.
eniiurr'8 PKlvS.
The Committee on County Affairs mads a report flxg
the rates of compensation to the Sheriff for tho
iljr support of each prisoner in the County Jail at 1
venty-ilve cents. |
confirmatory power op THS BOARD OP aldkkmkn.
The following rosojutlon, also offered by Alderman
irroy, was passed -AIti'.iolved.
Thnt the Legislature of this State be and is
ruby respectfully requested io restore to the Board of I
denaon tho power to confirm or reject all appointments !
nominations of the Mnyor lor officers in the different deII
incuts of the city government, whether for vacaucles or
1 terms (as provided in tho original section 25 of chapt er
5. Lnws of la73), by repealing section 3 of chapter 300,
,ivs of 1874.
Alter transacting some further routine business the
mrd adjourned.
MUNICIPAL NOTES.
rhe Committee on Finance or the Board or Aldermen :
II meet on Monday next, at three 1'. M , to tako Into j
nsider&tion Alderman Cross' resolution in opuositton
the purchase of pier 41 North River by the Sinking j
inci Commissioners. All opposed to or in favor of !
0 purchaso are requested to appear before the oomIttec
on that occasion.
Comptroller Creeu will pay olT on tho 1st of February
torcst on stocks and bonds of the city of New York
follows:?Principal, $19,909,393 38:" Interest on i
me, $289,291 94. Or this amount or principal the
uklng Fund Commission holds $7,924,708 .19. The
to rot on the last mentioned amounts to $111,197 05.
Tax Commissioner Andrews will send In an exhauste
document in answer to the reports of the Slate Asssors,
adding over $50,000,000 to Iho valuation of j
al and personal property in New York city.
THE CUSTOM HOUSE.
Custom House Inspector McCort seised Ave barrels of
nugglcd rum and a quantity of boney in Brooklyn
stcrday.
Special Treasury Agent Tinirle is stopping at the
sior llcuse and investigating the Mason-Hirsch reviuu
frauds. He was sent on here by tho Secretary of
iO Treasury. If the Secretary of tho Treasury con- |.
nts to a release of the goods. Custom Bouse officials
;re will sec the worthies character of Custom House
ilhs for tho future. Collector Arthur insists that the
w shall take its courso. Although the goods when
lied were valued by the appraisers at the seizure j
mm al $3,000, it is alleged that Customs Appraiser !
elly, at the Cunard wharf, was in favor of passing j
em free oi duty. It is reported that Treasury Agont j
ngic will Investigate.
A large number ot goods were removed from the
1 rare room yesterday to a public auction room wliero
large quantity ot cigars, lace, ic., are to be sold on
e 2d ot February.
POSTAL DEPARTURES.
On February I, the sixty gentlemen who have been
rigftinglbe malls seal from the New York General
>*t Office to the West, ever the grand trunk railway
Ifl, *?iii w ui?vu?nriL umunuuam/ iwi ?uvm,
ere ere do vacanciei to be mailt which they can AIL
.-tweet the 15th nud 20th ol February, the six gentleen
who have boon*, ting a* accountants In the bureau
the I'n.teJ iutea Railway Mail .Service, of which the
gtiara were n part, wiU receive their notes ol dlsunL
Thta branch of the eervl.-e wae organized on Decern?
I, 1*74, by Mr. Theodore M Vail, Aaelatant General
ipeiintendenl ?< the Railway Malt Service, for the
ir|?>ee ol Axing the rate ol compensation to be given
the three grand trunk line* of railway westward
am New York on the aterage weight of mall matter ,
rri.d by them. To ascertain the average,
I mail matter eewt over the Hudron Hirer, I
?w York Central ai.d Lake tibore railway* to
tieafo, over the Bra Railway aad.it* eonnectlou*. and ,
rer the Pennsylvania Railroad and lie contmuationa
Ibe Weal and >outh?<si, have been aocuralolv j
eigbed each day, an l the amount forwarded on each
am noted. Tha wv.ghera at the d?pota and the at- |
iniitanta in the l*uet tlfflce have been paid at the rate
r f 1 40 per diem Tha compensation will be fixed aa
.ol after February i aa the aacoantauU can make the
ottllfh
On February 1. Superintendent Dang- will return to
raaliington, and bta position here w ill be filled by Mr.
ail
HVESTIOATINU THE BHOUKLYV DEPARTMENTS.
The aprrial commit be of five appoint d by I ha ruoklju
Common Council to inreatigata the differ. ni
epwrimeula of the city government, with n view to re' nchmml
and reform, met yesterday afternoon at
it City Halt. AMi rm-'u Kowlcy, Kay, Outhria, Jen- I
Hot u< Wbepard wora praeaai A W|t waMT 11
Aetata and cil.ten* mete m attendance at apectatora,
n?r a c ?ntertnc? among tbe republican Aldermen,
bo conetiiute a majority of tbo committee, it ?a? realved
to (o lato /locuitvc aewioa. Tbo committee
lion adjourned to itto Mayor'a ofitoe, wbaro tlicr held a
icatini occupying about roar botira it la believed j
hat they Ivi under you- aeration vbu Department af |
lUrWofa* 1
1
RAPID TRANSIT.
lNOTHRB UKETTWO OF TH* COMlCIfWIOVKRS?
HOW THE! PROPOSK RECEIVING OBJECTIONS.
VesMrdnv morntni Ihe aid rhimhnr nt tha Rnard at
lidermen wag crowded, at It baa boco during the scsions
ol the Rapid Transit Commissioners, with a
;atbenng of property owners and an infusion of the
ight-eeeiug element which every public council brings
ogether. The Commissioners took thoir seats at tho
isual hour and counsel for the petitioners and objeeors
appeared, brimful of argumont and disposed to
ontest every issue which aroso till the minutest
breads of It would bo dissectod. President Olivor N.
'aimer took the chair aud announced that tho
lommission bad duly considered tho quo*,
ion submitted to them during yostvrday's ens'
lion, touching the mode of procedure in
"centring statements, and that thoy had determined to
[ive the widest latitude to parties desirous of making
ittVUvits or offering proof why the routos already
losignated should not be adopted, lio said that a report
had been prepared and was now ready to bo subletted
embodying the plan laid down by the Commisdonors
ft>r giving the objectors a satisfactory hearing,
rtio President ibun inauu the following statement, on
he part of the Commissioners:?
HOW OlMBCTlOffS AUK RBCBIVSD.
The Rapid Transit Commission will recoivo all objoc.ious
to the construction of the proposed railroad
vtilcb tnay be tiled with their secretary, Charlton 8.
>wis, at his office, No. 911 Nassau street, before Januiry
ai, lsTtJ, or which shall oe prosouted in writing to
he Commissioners at their meeting, whicn will bo held
>n that day at cloveu o'clock A. SI. During the Interral
any affidavits or other proofs which shall be portllent
to said objections may be flled with their socreary
at his said offiro.
It will greatly facilitate the proceedings of the comliissioo
it these affidavits be printed, aud four printed
oples thereof should be (lied with their said secretary. S
Pile Commissioners will hear applications, examining "
irally any of tho persons dcposiug to' those affidavits
>n the 14th day of February, at eleven P. M. Notice
>f iho meeting of the commission will bo posted on tho
...II.. .. ,K. . ,.r il,? r.1,. IJ.,11 ?n,l nn
ho door of the room In which they meet. The Com11
ttioner* request that statements its to dllTercal por,ions
ol (ho proposod route be embodied in separate
tflldeviu
The I'reeidcnt then announced that the commission
aould be
rkapt TO niAR DISCfSSVD
in next Monday the question ranted by counsol as to 1
ihe ngbt of persons to be hoard orally, and also as to
the construction and definite mranms of the act dejlaring
that all persons luterostcd shall receive a full
hearing, and have their proof* and atndaviis duly
e. i.ticil and considered. The President said that this
involved a disputed point: that It might Imply only
the property owners along the route of tht proposed
railrouds, or that it ra'gbt refer to cltlsens generally Interested
In rati d tran-u nod r- pr??cuung only the frequently
repented clamor lor nioro speedy melhoda of
pas-age Irtita place to place. He said that the construeHonor
this clause se< med to him of considerable importanco.
and the early specification of It would
be likely to aave the commission much timo
and labor. A lumber of gonllemon thon
appeared, announcing themselves us represents- I.
tives of various real estate Interests and of various districts
along the proposed mutes. Several of theto
parties sp| < srod on behalf of the rosidents and proporty
owners on Eighth avenue, abuve Sinety-aocoud street,
who pretested against the change of
. rim ulsvatrd railroad's roctb
from Ninth to Eighth avenue. A few were sent by the
pro|>erty owuers about Pearl street and Hanover square
to present tbeir objections to rapid transit at these
points. On the other side Messrs. S. E. l.yons and
Alexander Tbaln came from the Twenty-first and
Twenty third wards to represent the views of property
owners in those districts, in sympathy wills
rapid transit generally, and In an especial manner with
the proposed route along Third avenue. Mr. Charles
Crary also appeared in favor of It for tht East Side
Association and property owners on the line of the ,
road. Mr. flimeon K. tiliurob came Irnra the west
Ida, and be represented a uumber ol property owners
who favored the routes adopted by the former Rapid
Traostt Commission.
Tho President, after bearing the remarks cf theso
gentlemen, referred them to tho last action of tho
commission touching the mode of procedure in receiving
statements, and Instructed tocm to furnish the
secrotsry with thoir names, the names of parties they
represented and the loeation of the property owned by
these parties before ihe next meeting.
The commission then adjourned, to meet next Monday,
at eleven A. M.
i.I
OUR STREET LAMPS.
Few cities, If any, possets more natural advantages,
either with respect to water privileges or topographical
situation, than New Tort; and yet, with
everything In her favor, there la hardly any place of
Importance that Impresses tho traveller or sojourner
less favorably at first sight than does the metropolis of
America. With an Inadequate means of railroad
transportation, walks Uttered with all sorts of encumbrances,
the view and beauty of the streets obstructed
by long lines of unsightly tolegraph pole*, those who
for tho first timo visit New York must, Indeed, be
sadly disappointed. At a diatanco from our eity people
nrc apt to look upon her In their Imaginations as x
model of cleanliness, tidiness, neatness, while. In fact,
the emporium of American comtnorcc?famous at ones
for her enterprise and her prosperity?Is the dirtiest,
most wretchedly kept and worst governed place,
almost, that coulu bo named.
Take, for Instance, our street lamps as an example la
point. Wo have a street lamp Inspector who earns his
12,000 a year, a salary that would be considered
princoly by a Dutch InirgomaAter. Yet our street
lamp inspector, who Is even allowed a hnrta, and three
or four assistants to aid him, fails to keep the lamps in
anything like good trim. Tho Hkiiald tlrst suggested,
in years gone by, the ides of painting streol names mx
lamps along tho publlo thoroughfares; and this has
boon adoptod by several cities In various parts ol Hit
couutry. While tbc plan was carried out ss intended *
the results were porlectly satisfactory ; but Just now a
newly arrived person?or for that manor, the oldest Inhabitant?may
wander up and down for half a mile without
being able to sco the name of a street on any of lh?
amps. The gloss strips on which the street names are
fainted get broken and our Inactive lamp superinoudent
omits to rcplaco them, tho strip* ore some- i
times Inverted, so that It would requiro the beholder to \
walk on his bend In order to read them aright, and in I
this careless way they are allowed to remain for weeks j
ano monms logciner wiiuoui roccimug mu least au-ntion
from our $2,000 salaried official. Then, again, the
street signs arc often seen with "Broadway," directing
the bewildered travolter down some obscure side strool;
pointing op and down Broadway, giving the Inquiring
tourist to know that we hare a
back stroet in Nctv York that might
compare very favorably with many of their show
thoroughfares In other cities. At many of the street
cornors blank strips of somi opaqno glass on which the
signs were once painted greet tho displeased eye, and
the traveller Is left in blissful ignoraneo of Ins bearing*,
point of departure or objective point. Tho reason of
this Is that the street glass signs, which should b*
painted In oil, are dabhid >n with lampblack and turpentine,
an l the first shower ol rain obliterates lb* let
tors. But this does not matter to the contractor or th*
superintendent. The taxpayers are cliargod with the
price of a good sign; tho city receives a useless one, and
the corrupt people employed by th* Corporation pock?t
th* profits.
During the Incoming spring, summer and fall tb?re
will bo a vast influx ol visitors to New York from alt f
parts of the civilized world, and it is very dosirable
that our houso should be put In some sort of order to
roccivo so many guests. Let tho streets bo cleared of
all encumbrances?telegraph pole* mcltidod?let ibem
he cleaned, and let us hare signs on the corner lainpa
at each street crossing, in order that (he people and
iho'slnngcr who is within our walls may know in
what direction we nre travelling There should bo
better method of lettering the lamp signs than that in
uso at presenl; a colored ground with colorless letter*
might be tried with advantage.
THE FENIAN CONVENTION.
TH* OLD REVOLUTION ART FR.lTlRNITY AT
AOTIVB WORK.
The fourteenth annnal Convention of the Fenian
Brotherhood was Inaugurated yestorday forenoon In
Military Hall, No. 1W Bowery. The brotherhood was
represented by a strong delegation from the district of
Manhattan and by delegates or proxies from clrele*
that aro working In Georgetown, Col.; Walla Walla, W.
T.; Fort Colville, Idaho; Fort McKevitt, Texas; Fortress
Monroe, Va; Hurricane Island and Lcwiston, Me.;
also from Pennsylvania, Illinois and NcwJersoy; and
representatives front Massachusetts and other States
aro expected to put in their appearance to day.
Colonel John O'Mahony, Head Centre Fenian
Brotherhood, called the meeting to order, end tnea
read tho Central Council's call for th* assembling or
the fourteenth general Convention of the brotherhood
After this ihe < Convention went Into the election of
temporary officer*
General F. F. Millen was unanimously chosen as
chairman and Mr. Maurice C. O'Brien as secretary,
Upon taking his seat tho temporary chairman limited (
hi.' remarks 10 thanking th* Convention tor the honor
conferred by olocting him.
The Convention next went into the election of a Com. j|
mitteo on Credentials, and cboee the following named
delegates to be such committee:?John Sullivan
Chicago, IIL: W. Keoh;iue, Manhattan; Thomas
u ltrien, Brooklyn: Thomas MeCann, Trenton, N J
William Kcanelly, New York; Luke Clarke, f'ennsvU
vault; John O'Brien, l'aterson. N. J.; Patrick McUsbr,
Brooklyn; Thomas Dwver, New York.
The Committee on Credentials having rendered their
report, the business of electing a committee on permanent
organisation came up for discussion, nnd it w as
Qually resolved thai the Commiiloe on Credential*
should be constituted a body to report upon tho permanent
form of organisation to be adopted. At a
quarter after one o'clock P. M. a recesvol an hour was
had to enable tho committeo to discharge the duties
imposed l?y Ihe Convention.
Upon reassembling the Committee on Permanent
Organ.ration reported the following nainod gentlemen
to ue the regular .iltlcers of theConvonnon:?President,
George Stalin, New York, First Vice President, John
/\i' trtvnrr nt/'Ti 1 k
iin Liuu iw Auiji i AUXi. i
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