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The New York herald. [volume] (New York [N.Y.]) 1840-1920, March 01, 1876, Image 11

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THE COURTS.
Pursuing the Ring Inquisition in the
Tweed $6,000,000 Su t.
Governor Tilden Steps Down
and Out.
Important Decision in Composition
Proceedings.
INTERESTING BANKRUPTCY DECISION.
Austin Black's Defence to the Charge of
Subornation of Perjury.
After an examination lasting through throe days,
Governor Tlldon yesterday completed his testimony in
the Tweed $6,WO,O00 suit, on trial before Judge Westbrook.
A much larger crowd thronged the court room
than on any previous occasion. Many came, doubtloss,
expecting to see the Governor squirm Mid swoal under
the rigid cross-examination of the great legal inquisitor.
Iiavld Dudlcv Field. In msln. however, the Gov.
ernor, though weakened considerably at times, poised
through the ordeal with a credit that wtll not very
greatly Impair bis gubernatorial reputation. Tho following
embraces tho essential points or tho further
cross-examination
Q. Do yon remember a negotiation with IIr. Connolly
to Induce him to resign anil appoint Mr. Green f
A. I remember the negotiation; I helped to procure the
appointment of Mr. Green. Witness went on to say
that the arrangement was made tt his house; a low
days boforo the negotiation Mr. Connolly came to his
bouse In great apparent anxiety.
Q. Is that part ot what was done? A. I think It is
jT 1
Governor Tilden tben wont on with bla story. He
Mid a few days after he eamo to bis bouso in the morning
with Mr. William A. B ach and Mr. Courtenay, bis
counsel; ho came down again In the afternoon and executed
an agreement to resign bis office, and Mr.
Green being there at the tlmo and highly recommended
to him as a man of integrity, be was appointed to his
place and entered upon the duties of the office on the
samo day.
Q. Was there any attempt ever made by tho State
authorities to punish and expose the alleged bribery of
the Legislature in 1870 ? A. None, on account of tho !
impossibility of getting proof.
Q. 1 (lid not ask you about the possibility of proof,
sir; did you attempt to sxposo the bribery of tho Legislature
in 1870-71T A. No.
Q. Did you direct the prosecution of any other persons
except Twcodf A. 1 did not direct the prosecution
of Tweed; that is tho difficulty you are in, assuming
things on your questions; I gave no directions to
prosecute any of them.
Q. I am directed to ask yon If yon were not in tho
Comptroller's office when Connolly was arrested, and
did you not express surprise at that course, as ho was
in your charge 7 A. I may have expressed surprise,
but 1 did not say he was in my chargo?not to my recollection.
Q. Did you ever call upon Ingersoll to pay back ono
cent to the city, or did you direct anyone elso to require
him to do bo? A. I did Dot.
Q. Aud are you not aware that soon after the beginning
of these proaecutionH a most malignant attack was
made upon the Court of Appeals ?
The prosecution objected, and Judzo Westbrook said
he did not see the ncrtlncncy of the question.
Mr. Field said his reason was this:?These suits ware
not brought to recover money back fur (ho city treasury.
but for another purpose, and ono of tho plans was
to break down the judiciary department, and a malignant
and atrocious attack was made on the Court of ,
Appeals.
Question excluded.
4 Now 1 didn't ask you that; don't answer me
that. Will you swear that you recognize Woodward's
handwriting? A. Oh, I am very iamlllar with Woodward's
handwriting; that wab what I was told was his.
Q. Kver see him write? A. Not that I remember.
Q. You bavo spoken of a proportion of sixty per
cent going to Tweed and forty per cent to some one
else? A. That is a mistake; I said Woodward got
about sixty-six aDd Ingersoll the rest
The witness was then taken throagh his table of
deposits and asked to explain. The question was
asked:?Now look at the first day, May 0; Oarvey deposited
$40,000 that day; be swore that every time ho
deposited tbero was a deposit made for Tweed; do you
And any tbul day ? A. There is none, but there is next
day, >18,<*ia v
twenty four per cent on the deposits? A. You'd batter
not lake the answs,.
Q. Well, I will bavo It now. A. Wherever Ingcrsoll
paid over to Woodward aixly per cent there appears in
Tweed's account an entry tor twenty-lour per centum;
wherever Ingorsoll gave Woodward forty per centum ,
it does not appear In Tweed's account; it was derived,
I suppose, from sotnc other source.
14. On the 13th of May $89,000 was deposited and
Tweed gets credit for $9,000. Bow do you make the
proportion there ? or have you anything to show that
the $9,000 did not come from some other source? A
1 have not.
Q. And yon did not keep the bank books, 1 believe ?
A 1 aid not.
The Governor admitted that lngersoll was pardoned
without any conditions being Imposed upon him. This
concluded the cross-examination.
Mr. Carter then commenced his re-direct examination.
He was handed a check purporting to have been
made by Tweed, and he wag asked whether he ever received
this check Iroui Mr. Tweed or any other check. ,
Wttneas explained bow the check came Into his (Kisses- , .
Sion and aaid he had never reoeived any other check.
Witness went on to say that up to the year 1SC7 he |
waa reported to be insolvent, and up to that time had
never made any contributions to the Stato Committee.
Witness went on to explain bow certain letters were
written by him to Tweed. The^ related principally to 1 '
liuntiwti iuw?viu?uM iu wuibu menu ttuu inuen were ?
Interested. One letter oxpresCKBod the hope that Mr. '
Tweed would attend the Philadelphia Convention to
help nominate Andy Johnson lor the Presidency. Another
was a recommendation lor Mr. Tweed to appoint 1
a poor man to otQce, the only request of the kind he ,
ever made.
He had no ill will against Mr. Tweed; what be did in
the matter he did with the single desire tor the public ' I
benelit; he was never aware that any positive proof ,
could bo brought forward to establish that there was
bribery in the State legislature; the morning papers 1
evidently misunderstood him; be said yesterday that
It was popularly supposed that tbero was bribery going (
on: be did uot slate that ho kuew this positively. I
By Mr. Field?You and Tweed went to Philadelphia 1
and stood shoulder to shoulder to light for the consfctutional
liberty of this great republic? (laughter),
A. 1 endeavored to do so. Mr. Field put a fow more
questions and closed the examination of Governor i
Tilden Just before recess.
After recei-s James H. Ingorsoll was recalled and
examined in relation to the account In the Tenth National
Bank. He explained the nature of certain ex- ;
change checks as ocing an exenango irum one oauK
account to another.
John C. Wood, receiving teller of the Tenth National
Bank in 1870. produced the deposit books from May to
August, 1870; and read the items of Tweed's account
and produced the corresponding deposit tickets.
Witness testified that on the ltith May, 1870, !
$21,148 28 in bills were deposited for Tweed; May 2d,
the cash book shows a deposit to Tweed's account of
$20,000 in bills and smaller amounts in checks; May
24, $40,000, May 27, $22,840; July 5, $50,000; August
1, $67,000; August 3, $37,000. About (300,000 wcro
deposited in June, 1870.
Cross examined?He knows nothing beyond the fact
that there Is an account on the books ot the hank in
Mr. Tweed's name; that some one brought the money
and deposit tickets In bis name.
William M. Simpson, receiving teller in the Tenth
National Hauk, read the llcuii ot entries from the do- ,
posit book.
John H. Stockford, another clerk, produced the debit
cash hook of the Tenth National Hunk lor 1H70. The
entries are made Irotn checks; titers are debits to J.
H IngersolJ, May 5, 1870~$60,000, in two checks of
$26,OdU
Joseph W. Stockford. brother of the last witness,
kept Mr. Tweed's account and pass books at the Tenth
National, and produced ibe ledgers, lie returned the
che< k and past booka to a young man Irom Mr.
Tweed's office; tbe account shows u balance, April 3,
ol $4,600; June 3, $179,7111 in his favor; September 0,
the biilance was $321,233 .16 In his fuvor ; tbe last debit
baiaueed waa October 12, 1871, showing $14,478 19 in
his lavor.
J. H. lugersoll was recalled to provo Tweed's hand
Willing "l""
Mr. Klcld?He hasn't said be knows any one's handwriting.
Mr. I'cclcham?Do you know your owq hsd.lwrltlng 7 1
Ingerioll?I do.
Mr. Field?Oh, no, he doesn't Rewrote so manjr
handwritings and so many diflorenl natncH, as he told
us that he docau'l know his own handwriting.
(Laughter.)
Witness?The first two are Mr Tweed's writing; the
next ib mine. I
Mr. Field?Are you snref (laughter.)
Witness?Oh, yes. quite sure; the rest are Tweed's,
except two In King's writing.
Francis J. Tourney, Clerk of the Board ot Huperrteers,
produced the records lor 1870 and 1871.
Mr. >mllh, formerly clerk in the Broadway Bank, '
rscalled, testified ho examined those books uud louutl i
tfKW Y01
la 1870-71 Milt pfwentM to the name or the parties
given u payees of the warrants In Mr. Ttldeu's tabular
statement.
Tbc question whether he found bills corresponding In
amount with those In the warrants in the tabular
statement, was excluded. Witness was able to compute
In two ways, which he explained, that the proportion
of deposits going to (Jersey was twenty-five per cent,
ami that Woodward received sixty-five per cent, assuming
Mr. Tweed's percentage to be twenty-five per rent
At the hour for Adjournment Mr. field roue una said
he understood this was the .last witness lor the prosecution.
He had intended to make an elaborate argument
and then move to dismiss ou tho ground that the
plaintiff* had not maintained their case, but if counsel
would concent he would make a pro forma motion to
dismiss and let H be overruled pro foruia. This wus
agreed to and the Court adjourned.
ATTACHMENT WHEN VACATED.
In tho suit of Well vs. Borehard, tried before Judge
Donohue at Supreme Court, Special Term, involving an
important question in composition proceedings, a decision
was rendered yesterday. The plaintiff sued to
recover $1.10U, and obtained on attachment, under
which the Shoriff levied on Insurance moneys due the
defendant In a week thereafter tho defendant hied a
potition in bankruptcy and was adjudged a bankrupt.
Thereupon he Instituted composition proceedings,
which finally resulted in the entry of the usual order
confirming the same. There was no assignee chosen
and the plaintiff did not prove his debt and claimed
that the attachment making bis debt a secured ono was
not barred by tbs composition. The dofendanl contended
to tho contrary and also Insisted that the attachment
was dissolved by the composition and bankruptcy
proceedings. Judge Douoliuc, in giving judgment
lor the plaintiff, reuderod the following opinion:?
In this case the plaiulill, prior to the proceedings in *'
bankruptcy of me defendant, but within tour
months of such proceedings, aued in this court and '
obtained an attachment, thus securing his debt. The
dclondant subsequently went Into bankruptcy and
compromised witb his creditors, no assignee having
been appointed, and' tho plaintiff, claiming to be a
secured creditor, took uo part. Tho plututiff contends
and defendant denies such security, defendairt claiming
That such an attachment, in the absence of other
facta, did give a security Is clear. (Krost vsbMott, :U
N. Y.. 258; 31 N. V., 140; 27 N. /,5i#}.) The next
question presented la, are the bankruptcy proceedings
a suiKiraedious of the attachment 1 It is clear no such
effect of the Bankrupt act can be prcsumod, anil unless
the express terms of the act provide for It, no such
effect follows (Wilson vs. City Bk of EC
1'aul, 17 Wol., 472.) The only section of tho bankrupt
act making such a general provUlou. Is 6,044, and that
Is where an assignment la made. Tno assignee takes
ail property including such as may have been attached
wuhtn lour month** of tho proceedings and the attachment
as to it Is dissolved. If the defendant's vie wis correct,all
he baa to do is to Qle his petition and that dissolves
the attachmonL The Baukrupt act so guardedly
preserves all boua tide liens (and thisTs not attacked)
that it is hardly worth an exteuded discussion to examine
lis provisions on that, point. The argument (hat
a composition vesta the defendant with the same property
the assignee would have is not sustained either by
tho sot or tho reaaoning. As a matter of reason the
vesting in tho assignee of propcrtv so attached within
four months, was to prevent collusion with the bankrupt
by which his properly might be covorvd. and the
necessity for such stringency does not apply when tho
property goes back to ttio bankrupt Tbore must be
judgmcut for plaintiff. Messrs. blumensi.ol A Ascher,
appeared for plainlifl', and Mr. 1). Levcutrill for do- j
fendant
TAXATION IN BANKRUPTCY.
In the matter of Philip Boln, a bankrupt. Judge
Blatchtord, of tho United States District Court, sitting
In bankruptcy yesterday, rendered his decision, embodying
tho same in the following opinion:?
"In this caso the Marshal, under an order of the (
Conrt made to that end, presented to and died with tho <
clerk, for taxation, a statement of his fees, under gen- '
eral ordor No. 30, containing twenty-eight itemsi
amounting in the aggregato to $441 35. It was accom- i
punied by an affidavit of a deputy marshal as to certain '
particular items and to the effect that all the services ]
cnarged for in the bill were actually performed as I
therein stated, and that the expenses charged In H ;
were actually and necessarily incurred and paid by the '
Marshal, and are just and reasonable. The aaalgnec In i
bankruptcy had notice, and thereupon consented in 1
writing that the bill be taxed at $301 50, and the clerk (
taxed it to that amount. Tho assignee drew a check
for tho amount to the order of the Marsnal, which J
check tho Register In chargo declined to countersign.
rne tvegisier, in compliance wnn an oraer 01 me uouri,
has certified bis reasons for so declining and bis '
reasons why the Judgo should not countersign tbo
check."
General order No. 30 provides that the "clerk shall j
tax each lee Dill, allowing none but such us aro pro- 1
vtded for by these rules, which taxation shall be con- .
elusive, reserving to any party interested exceptions J
to the bills as taxes, which shall he decided by tbo .
Court." The Register certifies, an a reason lor not '
countersigning the check, that he must hcrealter audit '
the accounts of the asstguoo when presented at a meeting
ol the creditors, and he will then have the right to j
exam I no the items of the bill taxed and determine if 1
they aro properly allowable against the estate; that,
in his opinion, tome of the items aro not provided lor 1
by statute nor rule within the provisions of general
order N a 30, and, thereloro, the clerk bad no power J
to allow them; that it cannot be told irom '
the said bill what items the clerk allowed, as he
morely taxed the bill at the gross sutn named by tbo I
assignee in bis written consent; that neither the
Register nor Judge ought to do an act which may deprive
the Register of the right to hereaiter audit the ]
bill and its items as part of the accounts ol the assig- 1
nee, and thus put 'the estate, if tho bill should be J
audited at a lets amount than that at which it bos been
taxed by the clerk, to the expense of recovering back e
from tho Marshal tho amount overpaid, aud that the 1
Srevisions of general order No. 30, that tho taxation 8
y the clerk shall be conclusive, canuot deprive the
Register of tho power of auditing the aceouuta of the
assignee given by the statutes.
Judge Dialclitord reviews at length the reasons given 1
by the Register, cites the law governing the manuer of c
the taxation of bills of the character refcrrod to, and v
concludes as follows:?"1 see nothing in all this to raise '
any suspicion of the good faith of the taxation. How 11
far this taxation may be conclusive hereafter, on the ^
auditing of the assignee's accounts It is not neces- c
snry now to decide. It is conclusive for the present
to entitle the Marshal to have the check countersigned.
II the check shall not be countersigned by the Register
within live days after the presentation to the Register
of a copy of an order to be entered hereon, the Judge
will countersign it, on proof of such presentation, and
Lit At tho rhotW h&is not hrPD coun Lorain nod I ?1<> nnt
Bee that the Register has any lien on tho moneys In r
the hands of tho assignee, and which may bo paid oat
to the Marshal on the chock In <{Oesilon, lor the
serviceg of the Register in making tho certificates
which be has mado In this case." a
THE TRIAL OF AUSTIN BLACK. J
In the Court of Oyer and Terminer yesterday, before t
Judge Barrett, was resumed the trial of Aaslln Black, 1 n
on a charge of subornation of perjury. The former j
high business and soolal connections of the accused, f
be having been a prominent broker in this city for a ,
number of years, continued to attract a crowded y
court room. After some further testimony for the (
prosecution, which was essentially only a repetition of |,
that given by provious witnesses, Mr. Charles W. Brook )
opened the case for the dctence. It was shown 'row 1
111 i a nnAnirtff nriH lliP mirr?>f?<1 in tr L-Htiinnnv (Hat r> ?> Un?
L, 1866, Mr. Black received a check for $611,000, which j c
the Continental Hank threw out on the ground that the t
certification waa forged; that Black had given $60,000 g
In gold (or thla check; that Duscnbury, au errand boy o
of Kosa, tho maker of the check, aiatod on tho ncit b
day that he got tho check certified, and that It waa
given to Black to cover a loan lor gold*ond that Duaen- 1
bury subsequently testified to tho sareo thing, which t
came In collaterally In a suit between the Hank of j J
the Common wealth. and the Contineutul Bauk. It u
would tuitber appear that Mr. Black sued the Cdntl- > 1<
nental Hank to recover the amount of the check; that
the bank for eight years baa prevented the trial of the p
case; that when it was about to be brought to trial the o
bunk had Hluck indicted lor subornation of perjury, a
and on the urength of the Indictment commenced a c
suit against him for the damages they bad sustained, h
being sued by htm. claiming $1U,000; that In tliia latter
suit they obtained an Injunction to restrain htm
Irom suing them; thai Black waa held In $JU,0U0 bail, j
uuder a statement lo the Juuge that be was the principal
forger or an accomplice, and that while things
were in this condition the present case waa brought to
trial. The principal witness relied on to prove the
alleged subornation stated, under croes-esamiuatlon,
that Black never i>aid them any money; that he refused
to have anything to do with them, on their demand
lor money, and that on being pressed, both How- t
ells and Hullinger admitted that tbey borrowed money
of the detective employed by the hank and of the
cashier tho bank, and had not yet repaid
such loans. Mr. Brooke spoke of the high
character of Mr. Black, as a business man,
critically nnalyzed the testimony for the prosecution,
and claimed that a more criminal and preposterous
story waa never concocted to ruin the reputation ol a
man whose character in the community hitherto had
been spotless
Mesars. Ueorge E. Hoyt, a retired merchant; Ambrose
Snow, William M. Barks, a former broker;
Samuel Duncan, Harbor Master; Joseph 8. Spinning,
Alfred I). Snow,-hipping and commission merchant;
James M. Boyd, stock broker, and Henry M. Benedict,
former President of tho Gold Hoard, all testified that
they bad known Mr. Black for years, aud each pronouncod
his character without a biemlsh so far as
they knew. Mr. Black then took the aland on his own
I.al.nir Ha aava a vt-rv clear and ilriltrhifuraiiril
statement, allowing how the cheek cim? in bia posaeeaton
In the course ol boaineaa. He denied emphat* l
ically the statement* of bia attempt to suborn Howella a
and Bollinger, and moet poeitirelir declared that the ; t
written interrogators claitned to have been prepared t
by bun ha never*aw or knew anything about until n
their prodaction In court. He waa aubject to a long i
and rigia croaa eaamlnatlon, but did not waver In the ji
lighteat iroin Ins original atatemeut Tbe trial will be E
resumed to-day. t
A SPUNKY WITNESS. ,
A rather mnpnlar anlt waa tried yeaterday before ?
fudge J. V. Daly, holding one of the trial terme *
ailhe Cnnrl nl CnBiiunn pieaa ThtaullWU broneht b
iK HERALD, WEDNESDA
against l(r. Sullivan as Public Administrator to recover
$1,900 from the eetate of Mrs. Sheridan. The testl*
mony showed that a certain gentleman had frequented
a somewhat questionable bouse in the upper part of
the city; that his picturo ornamented the wall of the
matron's room, and that bo made himself useful In
caring for the young lady hoarders. This portion of
the testimony woe rather interesting, as may be
Imagined, but was not relished so much, however, aa
that of Bella Krneraon, and particularly (luring her
cross examination.
"Where do you rosldo ?" asked the counsel. i
"1 shan't tell you," spoke up the witness sharply.
' Hut you must."
"Hut 1 shall not; you may ask mo all day and I won't 1
tell you."
It was explained to the witness that she need not
answor the question If It tended to degrade her.
"It won't degrade me and 1 won't answer It, and
that's the end of It," she retorted with energetic dell- <
ance.
She was Anally excused from answorlng tho question
on tho grouud of Us non-materiality. whereupon the
counsel proceeded to ply her with further questions.
"Did you ever live in a disorderly house?"
"Mo, sir," 1
"Uave'ut you kept an assignation house f"
"I have, sir."
"Is not an assignation house a disorderly house?"
"No, sir; by no manner of means."
The lawyer ceased his questioning aud the caso ended
with a verdict tor tho delendauL
TIIE BLEECKEK (STREET RAILROAD.
Motions aud counter motions will doubtless continue
the order for some time to cotno in reference to tho
Hlnorknr Slri.nl Rultriififl Tn Ilia nrnriMiilinirv InalifiilA.l
against Jacob Sharp for alleged contempt or court in 1
violating, as claimed, Its order, tn an eifort, as claimed, i
to transter the franchise to the Twenty-third Street '
Railroad lino, there was quite an argument yestorday,
before Judgo Lawrence In Supremo Court Chambers.
Mr. Robert Ludlow Fowler, appeared lor Mr. Alvin S.
Southworth, receiver of the road, and strenuously insisted
that there should be no aela.v in tho matter of
puulshing Mr. Sharp lor intermeddling with the ailhirs 1
of the company to the injury ot tho rights of the re- j
ceiver. Mr. Fowler described the machinations of .
Sharp and others In auything but a complimentary 1
way, and set torth the Inside workings ol those who <
ire oudeavorltig to anpropriato the franchises. Alter ,
some remarks in opposition by Mr. Bright, who
claimed that he was willing to have the caso come to '
trial in a very short time, but was exceedingly anxious i
that tho Court, before deoidiug the motion, should (
hear Mr. Scribnor, who had been called by special engagement
to Albany, tbo further hearing ot tho case
was adjeurncd until Monday next.
THE BROOKLYN RING SUITS. j
The sharp legal combat over what seems to bo rojnrded
as an Important preliminary question, whether
the Brooklyn King suits should be tried In this city or
n Brooklyn, la still being fought In the courts with unshatod
vigor and determination. Judge Lawrence yestenluv
In Simrmna Court Churn}torn nondini/ a motion
For a further hearing on a motion to vacate the stay of j
proceedings, gave permission to servo a reply to tho
recent aflldavit made by General l'ryor in order to allow
the latter time to put in an answering nlllduvit.
1'he counsel wore instructed to servo such reply forth- .
with so thut no time might he lost or basis turnisliea ;
for further delay in the case. Having given these instructions
Judge Lawrence set the case down percruptorily
lor argument to morrow.
DECISIONS.
SUPREME OOUBX?CHAMBERS. 1
Ttv fnHrrn ljwran? 1
Betts vs. Belts; Hurt va Petttt; Mayleonor vs Kobn;
Fargo vs. People's Insurance Company; Budge va
[>'Bright; Peyser vs. Von Soboening; Crosby vs. Iaiosk:
Carroll vs. Biker and auother; Carroll vs. Riker una
another; Hens vs. Door; Watson vs. Shields; Fowler c
vs. Birch; Jacobs vs. Mannhelnior; Goldman vs. Third I
Avenue Kailroud Company; Same vs. Same Same vs. ,
Same; Luckbardt va Astcn; Cooke vs. Hoes; Km- \
linger vs. Hallock and another. ?Orders granted. '
Matter or Casjier, Ac.; matter of Stnith, Ac.; Os- '
born vs. Kocch; mailer or Boa; McKeo vs. Sweeney; j
Strong va Cosine et al: Horgruaves vs. Pairchild; '
Bressler vs. Volkentng; Hargreavos va Dickerman; J
Same va Orenoll; Wetzlor va Jameson; Dennin vs.
Ashley; Hull' va Sullivan, N'oa 1 and 2; Palmer va 1
Bussoy; Blc?Mng*va Kcilly; Shtpman va ltyan; Doolcy
trs. Mcuuire: Dow vs. Bacon.?Granted.
Mann va WiUoughby; matter of Mulone,?Motions
(ranted.
Capon va Security Savings Bank.?The blanks In tho li
petition must be filled up and tho petition verified. p
FoVler ct al. va .New York Gold Exchange Bank.?I 0
im not satisfied us to the sufficiency ol the surety, A. ,
3. Black. A surety must be furnished.
Matter of Campbell and another.?I have received
.he briefs of the counsel for tho sevoral petitioners
lud of the Corporation Counsel, but I do not find amoug
.he papers the petitions or the proofs.
Sharp va Sharp. ? Ho port of referee confirmed and *
udgtnenl of divorce granted to plaintiff.
Muhoncy va Gelb.?I regard this demurrer as frlvoous,
and therefore overrulo It and dlrcot Judgment for
.he plalnliflk, with costa
Popbam va Barretto.?The witness must answer the
juestion objected to. (Lathrop va Clupp, 40 N. Y?
128.)
Bruff va Securltr Fire Insurance Company.?To
shorn was notice ot the application given f
Mattor of the Beth liamedoasb.?If the petitioner Is
t corporation the seal should be attached to tho peMJon.
Pendergast va. White.?Motion for a reference
[ranted.
Moody va Dermody.?Memorandum.
Lc baron vs. Loug Island bunk et aL?This ia a case
n which the defendants should hare an opportunity of
>elng heard. 1 shall open the default on these oonlitious?that
the defendants pay to plaintiff tho coots
lelorc notice ol trial and f 10 costs or motion ; that tho a
:aae be placed on the Special Term calendar for trial on t
he first Monday of March, and that tho defendants 4
tlpulatc to try the same when called. j
bell vs. TiUlen.?Interrogatories allowed.
Boyle vs. Boncka?Explanation required. ^
Mutter of Household 1'ublishing Company.?1The atorneys
representing the judgment creditors, who \
laim iu u? nuaru ou iuo nppoiuimeni 01 a receiver an
roll its tbe attorneys presenting this application, and
he attorneys for the company will all appear bolore
do on Wednesday, tbe 1st ol March, at half-past ten
l M., to be heard on the subject of appointing a reelver.
a
8TTPBEMB COTTBT?SPECIAL TKBM. r
By Judge Van Vorst. C
Iirown vs. Cromicn.?Findings settled. ,
COMMON PLEAS?SPECIAL TKBM. I
By Judge Robinson. ^
The People, Ac,, e* rel. Walker vs. Conner, Ac.?
Irder lor disebarge of prisoner, Ac. Opinion.
SUMMARY OF LAW CASES. I
In the caeo of William J. Rel, convicted of negotlat- '
Dg forged railroad bonds, the bill of exceptions was *
etiled yesterday. Judge Barrott said be would hear u
0 morrow tbe argument on the question as to the per- '
nancncy o( the stay of proceedings
J. Nicholson Elbert, who was arretted In California 1
ecently, brought to this city and lodged In Ludlow |
treclJall under an indictment for forging a United s
tales registered bond, waa^keu before United States r
lomtnlssioiier Shields yesterday and admitted to ball '
a tbe sum of $5,000. Mr. Walter Lockwood bccamo s
lis bondsman. f
Judge Robinson yesterday, holding Special Term of Jj
be Court, of Common Pleat, allowed tbe defendant's H
ounsul In tbe well known suit of Holyoke vs. Brown, *
9 submit a printed brief Instead of making an oral aruruent,
three weeks being allowed for tbo banding In
1 ibo brief. The suit is to recover on a contract lor
uildlng tbe Mackeosack bridge. k
In a suit brought by Amos Leonard against Simmons f
I. Ward, tried yesterday beforo Judge Van Brunt of
he Court of Common I'leas, a verdict was rendered for c
4Th 26 for the plaintiff. The sett grew out of a mla- ei
ndcrsUuiling on to the ownerahtp of buildings upon
cosed property after the expiration of the lease.
Messrs Kunck A Kddy have brought suit In the 8a- !
reme Court against Brink k Whelau for (16 000 loaned c
n alleged false representations In 18*3. Defendants
limit the loan, hut deny the false pretences. The case
atnn to trial yesterday before Judge l.arremore, bold- I n
ng Suprome Court Circuit. Messrs. A. J. Vanderpoel u
nd Mortimer appear lo( the plaintiffs, and ox-Dlgtrict
attorney Garvin and Mr. A. lleach for the defendants. ;
Before Judge Van Hoesen, of the Court of Common ?
'Ie?s, there was commenced yesterday the trial or the J*'
a?e ol B. H. Frank k Co. against the Commercial In- ,
urnnce Company, being a teat suit. The plaintiffs ;
Mim $21,?00 in all, value of ready made clothing in- ;
ured in the Commercial, Elm, fork, Conilnental,
luibhard and Merchants' Insurance companies, and
bich was burned. The delcnco Is over valuation of I
lie goods.
In the Supremo Court, beforo Judge Donohne, yesi-rduy
n motion was made lor a new trial In the suit of
aroe* Bngley against the city, for repairs on Brood- V,
ray. under orders of the Street Department. There
emg no law authorizing the work a special law wns 1
osi-cd lor that purpose, and suit was brought and M
riotl, resulting In a verdict lor the city. Judge Bono- q
ue, alter bearing an argumeul, denied the niotiou lor .
new trial.
lu May, 1?74, Juan Maria Splnottl shipped a box con- w
aimng. as he says, f 10,tx 0 in gold, by tbc Atlas Steam- t
hip Company, to Maracailio, and only (6,000 turning q
p at that port, he has brought suit against the steam- p
hip company lor (6,000, and the rase came on for trial ti
esterday, before Judge Donohue, In the Supreme tl
ourt Tlie defence Is that the company carefully car- r<
led all they were intrusted with, and that ihe I Kyi ar- f,
ived with the seals unhroken. A verdict woa given p
ar tho plaintiff for (6,027 in gold, Uoing the lull t(
mount claimed with InteresL ,,
Joshua Dewhy has brought suit against the laborer*' p
"nion Benevolent Society ol ibis city, in whlr.n ho j
..oka iA TMrrwor I'ifl I MM) ilAmnffoa Inr it 1 lot/Ait flffnmn. t.
tun of bti character. He la a bora mnaon, and he eaya
hat through the >ocicty reprcaenting that he extorted ,
noney Irom thoae employed under biro he haa been *
brown entirely out ol employment. The defence la
unification, It being claimed that the atatemenla tbna
naile acre true. The trial of tbia care began yeeterday
asfore Judge Van Brunt, of the Court of Common Plena
A motion made yesterday before Judge Lawrence a
o have returned to the calendar the tint of Jonaa
tolta againat Mary A. Cantrall waa denied. The auit *
raa brought to recover the axpenaea of burying two 1
hlldren ol defendant, the funeral being conducted by h
gr lather.in law and the sraadfather of the childraa. b
Y, MARCH I, 1876.?TRIP
John V. Cantrcll, icxton of St Bartholomew's church,
and be having aaeigued the claim to Stolta. a brother
undertaker, in order that he might bring the suit The
cuu wu dismissed lor waul of prosecution.
COURT OF GENERAL SESSIONS.
Before Recorder Hackctt.
WHO STOLE THE CARPET BAO?
Upon the 11th of November last Mr. Walter W. Price,
Of No. 2tfl Weat Tenth street, had stolen from b!m at
the Slurtevunt House a bag containing $77 worth of .
clothing and a number of papers of aorae valuo. lie
notified the police, and a few duys afterward the police
of Jersey Cltjr arrested a young man with the bag In
bia possession. The prisoner gave nls name as Will.am
Reaves, and aald he lived in Grconsboro county, Mary,
land. Ho accounted for his possession of the property ;
by telling this story:?Whilo I was standing on the ;
corner of Broadway and Houston street ou the day of
the robbery I was approached by 1 rancla Hooghtaling, j
ol No. HI Jane street, In this city, who asked nie If 1
were a stranger in tho city and It' I would like to moke
some money. I answered "yes" to both questions,
whereupon he told me to go io the Sturtevunt House,
register my name uud take a room. I entered mv
name as W. H. Ross, and, taking tho room
ussignod me, was soon Joined by Hougbtaiing, I
who carried the bag iu his bund; giving It to mo ho or- i
dered me to tako it to Cortlaudt street furry. 1 did so !
and lie carao to me tbsre, and saying he would have a
key fitted to the bag, went off with It, lolling me to
wait. Ho relumed in a st)ort time, said thcro wn?
nothing in the bag he wanted except some tiapers, and
ordorod mo to tuke It to Taylor's Hotel iu Jersey City,
which I did, and two days Inter 1 was arrested." Upon
this statement lloughtaling was also arrested, and tho
two men were indicted by the Grand Jury. On being
arraigned for trial yesterday, Knaves pleaded guilty and
was sent to Stato Prison for eighteen months. Houghtallng
was discharged upon his own recognizance. His
counsel, Mr. J. O. Molt, triad to either nave his client
tried or a nolle prosequi enterod to clear his character,
but the Recorder relused too request
ANOTHER Alt BON CAPE.
Tho cose of Christian Waldo, charged with arson in
having set firo to his premises In the double tenement
house, No. 8 Ridge street, wits callod before ltecordor
Unckett yesterday. District Attorney Hell opened tho
:aao for the prosecution by detailing tho circumstances
ittciidlng itao tiro which he expected to prove. It appeared
that the bouse contained seventeen families,
ind that tho accused occupied four rootna on tbo
locond floor. Tbe Are was discovered byonooftbo
;euants, who entored Waldo's rooms to find tho bcBt
suite ot furniture piled upou one of the buds, which
was burning. In the front room the carpet was burning
in several detacbod spots, nnd several tin tired
places were also saturated wiih the combustible liqulit.
rho flumes were extinguished without much difficulty.
When questioned, Waldo stated that Ills lump liud exploded
und set lire to tho place, but tho article In
question was found standing Intact upon a tabic with
the top unscrewed and almost emptied of Its contents.
His furniture was insured- in tlio (lormauia Klro
Insurance Company for (1,000, although it was worth
but (flOO, and In making oni his claim tor loss against
tbo company be charged $:i-7 lor tlio suite of lurnituro
which wus piled upon tho bed at tne lime of tbe Uro,
nnd which was worth but |6o. At ?ho close of Mr.
ISell'8 address, the prtsouer, by consent of the tormer,
pleaded gallty to arsou in tbe third degree. The Hocordcr
sent him to Stuto Prison for Ave years.
FELONIOUS ASSAULT.
Matthew I*rkln, aged twcnty-nlno years, of No. 515
3udson street, was convicted of having committed a
elonloos assault with a knife upon the person of
Tliomas Murphy, a seaman. In ii drinking saloou, cor
nor of West Tenth end Hudson streets, on tbe 1st tost,
tecordor liuckctl remanded the prisoner lor sentence.
ALL ABOUND HIS LEO.
Charles SchaefTcr, a confluence operator, on St. Valmtine's
Dny fell in with Jamos Barrett, a seaman, who
iad Just returned from a four years'cruise and who
lad $487 strapped around his leg. The land shark got
lis victim drunk and robbed bim of the entire sum.
icliaefler was subsequently arrested, but only $116 of
ho money was rocoverod. On being arraigned he.'ore
tocorder Hackett this morning he ploadod guilty, and
raa condemned to five years' confinement in the Statu
'rison.
UDGE KELLY VS. COMPTROLLER
GREEN.
The case of Judge Kolly vs. Comptroller Orcen, which
9 an action for non-payment of aalury, was to havo
men heard at tho Fourth District Court yesterday, but
in account of the illness of the defendant was postmnod
until Friday morning at ten o'clock.
TOMBS POLICE COURT.
Before Judge Blxby.
l BTBANOEB AMONO THE BOWEBT THlLISTINEfl.
George Towers, a nativo of Touglikecpsie, came to
his city a ftw days ago and fell In with a woman of
tad character in tho Bowery, who took him to a house
>f tll-famo In Hester stroet, where he was robbed of an
ivercoatanda ticket to Chicago, whither he was going
io-day. He made a complaiut to the police, who failed
;o find tho actual thief, but arrested Mary Brown, proprietress
of the place, on a charge of keeping a disorlerly
house. Mrs. Brown was taken belore Justice
Slxby yesterday and held to answer and George
'ewers, of Poughkeepsle, much against his own eartest
protestations, was sent to the House of Detention.
'HE EXAMINATION IN THE WILLIAM A. DABLINO
CASE.
Tbe examination in the caso of William A. Darling
ad Spencer K. Green, charged with perjury In connecIon
with the Third Avenue Hank, was originally set
own to take place at Yorkville Police Court to-day.
usttce Dully has, however, set down Mio hearing of
he examination at the Tombs Police Court at eleven
i. M. this forenoon.
WASHINGTON. PLACE POLICE COURT. I
Before Judge Kilbreth.
SWINDLING A HOTXL.
About two months ago a gentleman and lady called
t the City Hotel and requested to he shown to separate
ooma. Tbo gentleman gave bis namo as Captain
lharlos Doyle, and the next day added to his slgnaturo I
'of Her Britannic Majesty 'a ship Sapphire." "Captain" I
)oyle had Beveral friends who called upon him, and on
lis respectable appearance and rrpresentatlonstbc pro- I
irietor of the hotel lot his bill run for two weeks, durng
which several baskets of wino were served. Tbe
>111 amounted to (182, and ou its boing presented for j ]
mmcdlate payment "Captain" Doyle suddenly left tbo
lolel, leaving a note stating that he waa at present in
imbarrassed circumstances, but would call and I
lay the bill as soon as possible. On Monday ! ]
letecttve Dunn, of tbe Central ofllce, arrested Doylo i
n a saloon ou Third avenue, and he was arraigned beore
Jadgo Kilbreth and the abovo facte were subsianiaied,
Doyle stated to tbe Court that he bad no.inention
to deiraud the proprietors of the hotel. He
?iu ill' km iviuit-ii} 111 vim I\u/ui .nnnucn nnu llll cum- '
adrn "dubbed" him "Captain." Ho la a natiro of (
fublin, Ireland, and la said to be very respectably ,
onnccted. Ho arrived In this country by the steam- J
hip Labrador, and It Is stated that bo borrowed money
rom several of the passengers and owes the steamship
ompnny a large bill for wines, kc. He claims that bo
lad plenty ol money on leaving Parts, but that he lost
t in gambling with toe paaaei.gers on the Labrador,
udgo Kllbreth held htm in $600 for trial at Special
essiono.
DISOBDEBLET HOrflE.
Sophia Ds Force was held in $600 to answer for
ceping a disorderly house in Thompson street. The
omplainant was Officer Lefferts, of tbo Fifteenth proinct,
who also brought Into Court thirteen women
harged with disorderly conduct. They were lined $10
acU. I
A FEMALE Bt'ItOLAR. |
Jennie Williams, colored, of No. 66 King street, was J
barged wltn burglariously entering the premises No.
} Sullivan street, occupied by Mary Smith, on tbe
ight of tbe 4tb of January and stealing $13 worth of |
nderclothing. Tbo prisoner, according to tbo evience
of another woman, Emily i'hillips, of No. 62 j ]
nilivan Fiii et. was seen to go up tbe stoop, place brr
tck against the door and burst It open. In a short ' ?
me afterward abe reappeared on tbe stoop with a '
undle. She was beld In $1,000 to answer.
TTIB LOTTERY LAW.
John Armes, of No. 60 Stanton street, was held tn
iou to answer lor violation of tbo lottery laws. ^
BEWA JtK ABOUT GIVING CHANOF. C
On the 20tli of February A young man named Gco-ste 1
hills entered the More No. 47 Mercer street and re- 1
uegtcd cnuage for a ten-dollar note. The cashier, "
[r. henry K. Roden, gavo him a flve-aoflar bill and ?
vo one-dollar bills. Willis returned tbo five-dollar ' <1
ill and wanted a better ona, This was given to bint, J
hen he again asked for a crisp one to put in a letter.
he cashier hapded out a crisp note, when Willis 1
ulctly walked away, on being asked for tbo other i '
ill he said, "I (lave just given it you." The contpliea- <
on in change and the rusn of husinees was such that *
tic cashier could not swoar whethor tbe ffi had been S
r?uiV"J* " WIW.IUH .??? wru ??. U.RUV I? WM )unct
to bo f6 abort Nothing wrm said ii'hhiI it until 1
lonoay, when Mr. Kodeu happened to te m the ret- p
\ur..ni, No. fil (artcue street, and flaw Willi* attempt- r
ig, ?- be believed, to play Ibe aamo game "? the pro 1
imlor. He therefore Rare him Into the custody of 3
ictectlve Murphy, and In court yeatcrday he was held
i $.100 for stealing a are-dollar bill.
S8BEX MARKET POLICE COURT. |
Before Judge KasinIra. I
TOO FtMIMtR. {
At a late hour on Snnoay night Peter RafTcrty, of Na
7 Henry street, and Richard Mulcahcy, of No. 44 Rutera
street, were together in a Henry atreet aUoon.
'hey had aereral drinks together, and whan Haffarty
lad become intoxicated Mulcahey, aa la alleged, picked
>ia pocket of 122 Mt ttheu causing the arraat of
LE SHEET.
i W'llrahpy. Rafferty said tb.it he "had been toe familiar
with liim." He *u hela In $1,000 hail to auawcr.
a oknxkaz. assault.
On Monday night a row occurred in East Sixth
street, wherein Jeremiah Sullivan, living on the corner
of Dovor and Water atrceta, assaulted Louts Kuaeman
and Abraham Lowenthal, of So. 216 East Sixth street,
with a "61117," Inflicting serious injuries about their
heads and bodios. Hp also attempted to assault several
other persons who were near the scene of the
att'ray. Ofllccr Docas, after a great deal or difficulty,
took him to the police station. He wag held In $2,0"Q
ball to answer two complaints of felonious assault and
battery, preferred by iioseuian aud Lowenthal.
held on two cbabt'.ks.
William F. Dglo, aged fifty years, of Na 311 East
?flnth stroet, was hold on two charges, one of rape and
the oihsr for carrying coucealed weapons. The first
charge was preferred by his serv&ut girl, Ellen Rooney,
who made alOdavli that on Sunday night lialo entered
lier room and forcibly outraged her. She subsequently
ion the house, and, mooting Officer Outcs, ol the Seventeenth
precinct, made her complaint to him. Tbe
officer arrested I>alo on Monday, and upon searching
hint found conooaled upou his person a pair of brass
knuckles. In court yesterday Dale was held in Jl.uOO
ball for rape, the complainant, Helen Rooney, being
sent to tho House of Detention, and in $1,000 bail 'V
carrying concealed weapons, on complaint ot Officer
Gates.
FIFTY-SEVENTH STREET COURT.
Before Judgo Murray.
8tiunob conduct op a countbtman.
Roundsman Bolltnan, Twenty-first precinct, arrested i
Frederick B. Kelly, temporarily residing at Bngg'a
Hotel, Forty-second street and Fourth avenue, for fol
lowing a citizen to his houso on Monday night with the
supposed Intention of assassinating him, for lio carried
a new silver-mounted revolver In hie ^und. The accused,
at this oourt, explained bis conduct by stating :
that bo was a resident ol GroonQcld, Muss., where ho
owns a largo farm. A short time ago the wife ol a friend j
of his was enticed from her homo by a man who brought
ber, as ho Siipposod, to this oity. On Mouday
night, In the neighborhood of tbo Grand Central depot, j
he saw a man whom he took to be this man, and found
bis mistake only on reaching the stoop of the man's
resldenoe. whore ho was arrested. Kelly's story led ,
the Court to believe hliu insane, and be wits committed
lor examination. Subsequently Or. Graham, a druggist,
on the corner of Seventeenth stroot and Fourth avenue,
testified to the good character of tho accused j
and showed that the impression as to his Insanity was ,
uutouuded. Kelly said that the story ho had told to 1
the Court about a lady was simply tho result of a inlnd ;
over excited by too liiucb whiskey. Tho explanations J
were deemed satisfactory and he was discharged. i
A DANGJIllOUg RUFilAN. ?
Matthew Whito, no particular rosidence, committed 1
an unprokod assault on llonry Moore, of No. -ou East
r uny-sccouu street, in iuo puouc street, causing sc- J
voro wounds with his Ilet8 and teeth, and tearing -i
Moore's clothes off his buck. Mo wiw recognised In I
court as having been held to keep tho poace about a ;
month ago, In a bond of $fi00. This w'as declared forfeited
by tho Court, and tho accused was hold for trial
In default of $1,000 bail. Moore was sent to the House
of Detention in default of $500 ball, because ho said ho ,
was mate of a sailing vessel and Intondod to sail in her ;
In a short timo. 1
HARLEM POLICE COURT.
Before Judge Smith.
VIOLATION or TH* IXCISE LAW. ,
Henry Moore, No. 2,360Third avenue; MichaelO'Con- j
nor, llblb street, between First and Second avenuos; <:
Terrence Robinson, 127th street and Sixth avonue, and (
William Polle, 1,234 First avenue, liquor dealers and
lager beor saloon keepers, wero held for violation of the J
Excise law. O'Connor was held In $500 additional ball to
answer a chargo of selling liquor to a minor, which ^
he denied. (POLICE
COURT NOTES. !,
At tho Washington Dace Police Court yesterday Ed- r
ward Miller, of Roosovolt street, and Charlos Mink, of ,j
No. 31 Baxter street, wero held In $1,009 each for steal- ^
ing sixty pairs of button gaiter appors, valued at $90,
from Mrs. Jennie Cameron, of No. 89 Charlton street.
Tho gaiters wero the property of J. O. Whitehouso, No. h
92 Warren street, and on being finished were given to I '<
Aimer to taso to wio proprietor. muy noinp uqi ucnvercd.
tho police woro notified, and the goods wore found
at Xo. 26 East Fourteenth strcot.
James Dlsbey was hold In $300 to answer for stealing "l
two tablecloths and a do/.on napkins, valued at $10, J
Irora Eliza McFurland, ol No. 231 West Twenty-third ^
street s
Stephen J. Warpo, of No. 213 West Twenty-ninth J
street, was held in $600 to answer for stealing a watch ' ,
and chain, valued ul $43. from Annie F.dgar, ol No. 47
Jane stroet. The prisoner Is employed in a coal otllce > ,
and went np to Mrs. Edgar's room with a bushel ot coa>. I
lie strenuously denied his guilt 1
COURT CALENDARS?THIS DAY.
SCPRKMK Court?Chambers?Hold by Judgo Lawrence.?*
on. 66, 85, 89, 03, 132, 143, 150, 153, 168,
165, 166, 168, 170, 171, 172, 100, 198, 202, 206, 209, j
236, 241, 267, 264, 284, 289, 297, 301, 822, 328, 829.
Si'fiik.vk CorHT?Ffrl'ial Tkum?lluld by Juuge Van
Vorst?No. 268.
Stprkmh Court?Circuit?Part 2?January Term J
continued?Held In (Itinera) Term room by Judgo West- , e
brook.?Case on.?No. 2064. | [
Ei pukmk Coort?Circuit?Part 2?Held by Judge
Donohue.?Nos. 1918, 4037, 1028, 178, 225, 462.*, 614 : 1
1026. 382, 1042, 1048, 1062, 870, 1084, 1136, 2681, '
2682, 970, 1334, 2362, 1218, 1068, 772, 1230, 872, 1804, j J
2836, 1228, 1548, 1068*. 1060*, 1062*, 2262, 1194, 1020, I J
1240, 1244, 2070, 098, 1824, 736, 1318, 1266, 1268, 844, ! t
1200, 1322, 1324. 1326. 1328, 1330. 1332, 1336, 1338, 1340, ?
1342, 1346, 1348, 1360, 1352, 1364, 1356, 1358, 1360. I *
Part 3?Held By Judgo Larrcmore.?Case on?No. 2360.
No day calendar.
Common Pi.kas?Equity Term?Hold by Judge Robinson.?Not
27, 3L ;
Common Plkss?Triai Tkrm?Part 1?Held by Judgo |,
Joseph F. Daly.?Court opens at one o'clock P. M.? | t
No. 2288. Part 2?Held by Judge Van Brunt?No*. ' 1
1*14. 1*54, 1610, '4137, 1203, 1410, 1302, 2173, 2174, ! y
1474, 1463, 210, 1471, 1446, 1441, 2284, 1070, 1084, 1040, "
1722. Karl 8?Held by Judgo Vau House n. ?Nos. 1634,
1707, 1405, 1006, 1785, 1708, 2124. 1001, 101L 1611 u I
1612, 1734, 1735, 1730, 1625, 1030, 1094, 17G9, 1799, 1731,
1696.
All other courts have adjourned until Monday, March
6, 1870.
Court of (Irxriial sessions? Hold by Recorder {
Hackett.?The l'eoplo vs. Kranc.isco Decani la, robbery;
Same n Michael McLonghlin, robbery: Same va Ambrose
Rudionti, felonious assault and nailery; Same
va Mary Duffy, grand larcony; Same va Patrick Tur- i
bert and John C. Morrlasey, grand larceny; Samo vs. !
Mary Kelly, grand larceny; Same vs. David Curtln'"nml 1
Kdward Caasidy, grand larceny; Same va Edward H. ,
Bosch, false pretences.
Otkr *!?n Termikrr?Hold by Judge Barrett.?The
People va Austin Black and John Duaenbury, subor- J nation
of perjury. |
UNITED STATES SUPREME COURT. I
WAgiujfOTojr, D. C., Kek 29, IS76. i L
Argument has been beard on tbo following case In ' j
llie United State* Supreme Court:? j si
705 Hoffman *. Hancock Mutual Life Insurance 1 L
Company?Appeal from the Circuit Court lor the ,
Northern District of Oblo.?This was an action on an i
insurance policy Issued by the company ou the life of '
>ne Holfrnun. The defence was that Hofl'man had ),
never paid the cash portion of the premium, and that
Ibe policy had never heeu delivered. On these facts ,
tbo judgment was lor the company, and it Is here .,
clalme d Uiat he did pay the cash portion of the pre, ! tnlum
to a parly who was authorized by the agent to
receive it, with the knowledge and consent of the agent
af tho company, as fo and for agent. K
The company reply that tho party to whom tho
money was paid was simply an Insurance broker en- j
?agcd In gelling risks and selling them to different
companies; and that there was no transaction In rela- i
Hon to the premium money paid to which the agent "
was privy, or which was brought home to the knowl- J
jdge of the company. And It is submitted that as there
was a judgment below for the company on the facts 11
lisclosed, this court will not go Into a re examination
A those (acta
Jj A. Garfield, for appellant; Wlllcy, Tirrsll k, Sber- ( T
man for the company. I A
POLICE COURT IRREGULARITIES, j
cue judges' determination to stop abuses ^
by the police?ch abge8 aoainht as 1
officer. i ,,
When Judge Kasmfro became Involve'! In a quarrel I
rlth tbe polico squa>l of the Kssex Market Police
lourt be attributed to tbcm certain Improper prncIces,
to rcrorm which be turned bis whole attention, i
'be Police Commissioners took the part of tbe polico , J
>nd broadly hinted to Judge Kasraire the Impropriety |
if making allegation', which be failed during the in- c
[Ulry bolore them to prove. The Board of Police j ustlces
naturally sympathized with their collegqe, and 1 ,
ifter bis defeat by the Police Commissioners they dorrmined
to show that the reasons for wishing a reform f!
o tbe court squads wcro well founded. Accordingly a i>
ommittee w?i appointed whose duty it was to collect ividcnco
and to inquire thoroughly into all charges (
if Impropriety against the Individual mem- J
icrs of the court squads?ft having been alleged ,
hat the squad attached to the >*if tyevenih
Polico Court, though composed of old J
tnd trusted members of the police force, were accua- : n
oim <i to roc. lve a percentage of feea obtained by law. ; ,
peri for recommending client*.to thorn. Justice Duffy j eas
appointed, so the story goes, a committee of ouo .
,o Investigate the matter and ascertain II the allegation*
were well founded. A charge of the nature j
tlluded to catne to light yssferday, and will probably J
no one of the moat well fnnnded that Ilia Honor will lie "
supplied with. On the 31st of last December William ?
Boaotnan, of No. 3o4 East fort?-fifth street, was 6,
brought to court charged with assault snd battery. lie
wished to got a lawyer named Hteiasrt to defend him.
hut wan told by (be officer iu charge of the prisoners j
box that Counsellor Lombard was the only lawyer who
had any influence with the Court, and recommended V
his employment by the prisoner. Roseman accordingly ;
feed Lombard, paying him $10. The mnlter came to J
Stcinort a sttcntion rasterdar. una, Boasman's com- i
11
plaint sworn lo Ware a commissioner of deeds. w.id
submitted to Serseant Hicks, of the Court It will b?
rat for investigation to ttie l'olice Commissioners.
Tbe charges against oilier officers ot the Court are, it Id
understood, in tbe bands of Judge Duffy.
DR. LORD'S LECTURES.
At the request of the clergy of the Extern District
of Brooklyn Dr. Lord will deliver bis historical lectures
at the Boss street Presbyterian church. The first
will be given this evening, Subject, t'icera."
FOURTH AVENUE CAR FARES.
To tub Enron o? tub Hkkald:?
Is It not possible to have the swindling outrage perpetrated
by the Fourth Avenue Horse Car Company
abolished In some way 1 Now, a passenger Is charged six
cunts to rido irom the City Hall to Forty-second street.
Should he be obliged to change cars at Thirty second
street, an frequently is the caso f Unless he Is fortunate
enough to detect among the numerous driver*,
conductors, Ac., the giver of transfer tickets, ha is
obliged to pay six cents additional to reach Fortyeecend
street. If paRhengors are compelled to connect
with some express truiu going east they have no time
to search for the transfer ticket man. A ltlGHTF.R.
Ktlil SA1.R.
A BOARDING HOi'SK for HAI.B?IN a GOOD Location
down towu ; full of boarders. Address I)., be*
I as Herald office
A?FOR SALE, DRUG SToRKs. I'lXIT REM. GRO
eery Stores, Restaurants, Milk Ib-nte* If yon wish
to buy or sell a business, call at STRICKLAND'S, 1*1 Bcekman
st.
GRAND OFFER?WELL 1E8TAHLISI1F.D RESTAIfrunt,
private Clipper rooms, small hotel liquor bar,
samplete, paying well; any one can mik" sure fortune : neiir
Broadway: cheap; terms easy. Office, GAKKN'EV k
SMITH, 17 Centre St.
?FOR BALE?BAKERIES UfcSTl'AKANTS, 1,1. *
quor Stores, Cigar Stores, best Oyster Saloons, Fi.U
Stands. MITCHELL'S, 77 Codar si.
RESTAURANT.?GOOD-LOCATION; SACRIFICE;
also first class Liquor Store on Bth av.; bargain. Ma.
LONE. No. Doy st.
j^oR *alkT?a#LOT Of composn.ut stands.
A. very cueap. ?i. u. ivi^iuui, council uuttunig, ruoin
3, ttth atory.
L"X)K SALE.?A LOT OK iljtf IIL'BBBB Kill if iTosi"
l suitable for tilling or washing boilers. j. L. KNIGHT,
ilennett Building, room 33, tith story.
tpOR SALE-A FIB8T CLASS HOTEL, FCRNISUKD
r In ull the modern improvements; also ? lino Saloon,
unnerted with it, doing a good bu-lue?s, eau ho bought in
s'cw llavon ; not 10 minutes' walk from depot or sfeamh?>?t
ihurt. For further iutorinallon apply to 11. KOEULEK,
Irewer, lit av. 2?ith at.
For sale?at great sacrifice for cash, a
Qrst class Fancy Goods Store nt Saratoga Springs, donga
splendid cash t ratio, and overrun with trade in sum- "
npr; will pay a year clear profit; established 4 roars;
lock, lease, fixtures and good will, oniv fg.lt.'iU; stock luveuories
$3.4<lo alone; this is a splendid chance for making
nouey. Address L. II . lock box 5t), Saratoga Springs, N. i.
EfioK HALS -TuJTTER STAND IN W AS llXNOTON
D Market. Address W.. box 174 Heraldofllce.
MijR SALE?A~VIKH ANI)7)YSTKR MARKET; OOOD
L reasons lor selling. Inquire at 137 7th av.
Fob hai.k,?fish, oystebTanb provision stokei
very cheap; must be stdd. 1H1 Madison at.
b'un palq?a nuitr, rum unc ni tin, itniiir
man?the Stock anil Good Will of an old extabiielied < JO
earm awning buslneiia; has the bu t cltv trada: mulsh.eory
reason* for selling. Adores* I'HlEMX, lluruld Uptown
irancb olllco.
DOR BALK?A FIRST CLASS PARLOR MITLI.YERY;
r location beat in city; a profitable line o' city aud eouurr
cnatom ; leaac at very low rent. Address MILLINER,
'ox 174 Herald Uptown Brunch offiM.
LlhR HALE^bflEAl' FOR CASH?A CO.MPI.KTK HYst
r ing and Scourluff Establishment. with two well estabished
Stores ; profit between SH.ia <> and $5,0U0 a year. AdIrcta
57Montgomery at., Jorsey City.
2TORE KOR SALE.?THE OLD ESTABLISHED BOOK.
J Stationery and Toy Store, So. 218 8th av? will be atdj
it a bargain, stock, Fixtures, Lease; tcrm< cat It, Apply at
he atore.
rO LAWYERS?THE LIBRARY, OFFICE FUUNL
ture. Lease and (loud Will of a lawyer having an exontive
and lucrative practice, in a village ol about J,f>(<0
nhabitanta, <15 mile* I'rom New York, l> tillered for bale at a
gw price. Addretitt LEX, box 47 (teflon D.
rllE FIXTURES OK A MoftTiT STORE ItF. Ml ivVB
from down town; four pull I'nmp, Bar anil liattk Bar.
04 Wost loth ?t.
STARD WtDK CAMBRICS, 10O EEK YAHl).
1 Surd wide 1'rlnt*. 8c per yard.
LORD A TAYLOR, Grand and Chrystio *ts..
Broadway aud 20th ?t.
hOC WILL BUY W11EBLBB ^WILSON M.VOHINFTJ
pAvtJ cost $85 a few mouth* ago, extra attaebuienta In*
MACUinrHltY.
[JOOARDUB MILL,SECOND HAND, NO. f>. WANTED?
D Cheap for cash; must bo in fir it rale order. Address
i. <)., Herald office.
BAjcTETTbTBAM KNOISE rOR SALE?SIX HOKHK,
in porfect order. 0. C. SHEPHERD, I7SCentre ?t.
ATO EXCUSE SOU FATAL TIOILKS EXPLOSIONS^
LN ROOT'S Safety Boilers . 4S.0U0 horse power in use in
ill parts of the world. Estimates and cataloguer) furnished
>v addressing AHENDROTH AND ROOT MAN U FACT CR*
lN(i COMPANY, No. UH Llborty St., Now York.
PIA NOPORTBg, ORGANS, AC.
A -FOR KENT. UPKIUHT, SQUARE AND GRAND
. Pianos of our own make; also for sale and rout, a
nam hot of Hue second hand llan-s In perfect order. WILLIAM
KNABK A CO.. No. Hi 5th sv . above lHthit.
A -A -ALL PERSONS DESIROUS Of PUKCUASTNO
. a connine second hand Steinway Piano are invited to
tail atouf waiwrooms, where a nuiuher of Steinway Piano*,
til in perfect condition, and anmc of them nearly new, i*
iotiatnntly on hand; *uo second hand Pianos of uther
n ake re. '
Attempt* ore constantly made in thia city and elsewbera
ly maker* ol I?>ku? piano* and their a?cetit* to sell their in'
erior instrument*. bearing our name or a name ape tied an
miliar that many people do not notice the diirorence, and
inrihase the apurinna, worthies* Instrument for n Kenuind
itelnway piano. If persons, before purchasing audi itistru'
nciit, will take the number ol same and call on or write to
is. It can at once be aacertained whether the inatrnmeut ta a
reuuiuc htaiuway piano or a fraud.
PTE 1SWAY A HONS, Stein-way Hall.
107 and III Eaat ltth at.. New York.
I PRIVATE FAMILY, THROUGH* PRESSING K\L
it Reticle*. will aell a $1,000 roaewood rate upright Piano?
r.rte for RtTiO; an 'elegant Steinway A Sona Piano, with all
ate improvement*, at a creat sacrifice; elegant ailver
onitno and atop Ncedhain Organ, coat fib a I. for $150; also
'arior and Beoroom Furniture. Call private residence 120
Feat 2dd at., tear t!th av
T" $100 K<?SE WOOD PI ANOFOKTE.?PlA N<>8 TO
[V rent, $5 a month and upward, Instalment" taken; new
nstrunieiit* at great aacrifice. OOLIlSM ITU'S,
2rt Bleeeker at., near Bowery.
I BEAUTIFUL PIANOFORTE, $100; pi AMIFORTF.S
rV to rent, $> monthly; installments taken ; Chlckeriiig
ud Steinway Pianofortoa; haricaina.
A PIANO FOB $!Ufc?HTKINWAY OKAN DS, WF.BF.lt 1}
\ and othera upright* anil aqttnrca, and organ*, on inlalmonta
and for rani; raab advanced on Pianoa. 8. L
IALI. A CO., ir. East 14th *t.
\UBOI ASSORTMENT OF HECoSD HAND
Piano*. In thorough repair, for aale at moderate pricraf
Inn new Pianoa, of our own manufacture, on reasonable
trim. DCS HAM A sons, No. it Kaat I 4th at.
A FBI VATE FAMILY' WILL SELL TIIKIB KLEt.ANI
X. Mrlnea; Pianoforte at a rNcrlth-e; four rotind 7\o?
ire, richly carred row-wood case, full agraffe, overtUrnou
lano; Coat lor $900; Stool, Cover; a Ttj virtave
lecjccr A llroa. upright Piano, nearly n?w #-T"t: mu?t he
.Id: box tor thinning. Call private retl.lenco 47 Wuef
lllb at., between ntli and flth art.
V~~ LOT OF SECOND 'HAND PIANOFORTE*? Ij
thorough order, for aale at moderate prirea. alao en in
fallmeut*. CIJICKKR1Xti A HONS, UK) Nth a*., cornel
Sth at.
V(iKE A r~ C?fFKK.-110K ACE WATERS A RONS, 4s)
Broadway, New York, will, during tliia we?k, rent a
w drat claaa new Plattoa and Organ* until the rent mitiiaj
aya for the inatrument an per contract. A few aecond liana
uatrumonta, little need, at aatoniahlngly low prirea lor cantv
t T H V KM OIIKS M4NCI M'TOBV. W\P.KKOoMs~'t.^
V Hterckcr at., aplendid ttock Pianoa; ckting out. hatl
rice, >i.v. <aoa _
A LABOR ASSORTMENT OP SQUARE AND UP>
V right Pianoa and Organ* ; Immense bargain* fur raah.
n Instalment* or to rent. Don t fall to call at ILKA
Al'KK'rt, Xti Bowery
t HANDSOME TIlitKK MOI Litis . >"l VES ot'TAvS
V overatriing agraffe careed leg* Piano, little uaad; *
t.galn, new Pianoa rery low.
J. (;AirnKLL, I1.1 hiffcitr it.
[ h?a vr7rTtl?c arvrd Some wood 7 bciivl
V PiinofortD. coft for fl'JO, 243 East 'lOth ?t.
/1KKAT HOUL." "MMALL BOD*."-MATHCMHRV
' f Piano*. Orcheatrel. Medium and Humming Bird
i Bait 14th at. Pri??M Piano Irtmos
ADT WILL HELL FOR $100 CllH'KKRIMI KOSHt
J wood Pianoforte, modern improvement*. perfect order;
root, powerful tone. 214 hoot 3d at , near 3d nr.
f v1nihcf.nt lti iskwiiod pi anofortr?$40(
II 7 1-3 I'Ctaro. with carved leg*. *114. Seen at LOit
ON b, 157 Bleecker at,
"f anl'KACTT"rkr'h phic bs-ftaxos, 7'4 octavrf
II all improvement*; luataliaent* taken; ront, Ml; Mean!
tad, $||A. cable's, 1117 Wovt l?d It.
n?> pi a nThdralk hs ani> otiikks.-tTTk iikmt ?r
L dium priced Piano In the world la tire ' Chrlatie.'
all at the factory, 7M Harrow at., and Inapeot.
MEWIPAPKRli '
7')II -< KNTKNNIAL-iH7a
. I Mlf, For rale, a well pmaervod perfect copy of thf
liiMton (Mat. > ttaaeite'' M?aii?;itriar Bay. 17*1 I*'''!"*
ale may be nddreaaed to (iAAfcrTK, atatlou K, New 7or*
'ty
BILLIARUt.
t'vi.RKAN STANDARD HHVRL BILLIARD TAHLK4.
fV. Willi liolmney's wire cushions, solely used In *11 ehmio.
ionshfn mud nimtcli K?me?: second hmiid T?ble? *1 ttr**/
mrgmlnm W. H. OHlFKIfH A CO.. 4yV.ee, .v.
1iiM.KMH.U1 HTANDAKO AM EH!CAN HKVKZ
J Billiard Tunic*. Willi the eelebrmt.d Kheiaii * Cnllendel
(inibiiimtlon cushions, for mm), lu this city only mt 7;W Broad.
<*y. ,
jlOR KAI.H AT A" BAROAI*. OK WILL HK HHSTI'.ll
P to * responsible pmrty four Hitllmrd Tmbles, with Furitnr.c
rmn be seen mt Frnrk Hotel Milliard Kooiue. Apply
( Id Ann si.
DKVriMTlt*.
Vhkr nr it.k.iii ?iuir, i.t thkki huiki at
12* Wm 34th N., between rlth krid 7th ???., near Hr.md 7.?Special
mechanical dentlatrv: cor*!. labher, rote,
earl, whalebone rubber, sold and platltia Ket?; Plumper*,
firulatom, Ac. Tak? irreen car from lirnrni at reel terry. uC
lb at. carl or Broadway can.
NKW BROrOH, IM Weet rWth rt.
VKTlKIr.l AL TKKTH AT PKIt'K* To Hl.IT AL.I, Whole
Sat from $f. upward Hlleer Filllrnri. 80caatt;
>old and Planna, $ I. All work warranted. At Dr..
I HITK H, 136 'lib ar.
ORAOTiri'L ARTIFICIAL TEBTM. ?; MffULK.?T?
I) warranted ; illrar Illlliia*. Mir. NBW VOKK I?B.Ma4
LOOM8. Mi Oth at. near 101 b ?U l.akabuaArrd IWAU

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