The New York herald. [volume], March 14, 1876, Page 9, Image 9

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

Image provided by: Library of Congress, Washington, DC

                
THE COURTS. |
The Twenty-third Street Railroad Trying to Get
PoiifSRion 01 me isieecKer sireei Line.
ASKING A NINETY-NINE YEARS' LEASE
Mr. Austin Black's Suit Against the
Continental Bank.
Another Curious and Important
Bank Suit.
In Supremo Court, Chambers, yesterday, on application
of Mr. John M. Hcrlbuer, Jr., counsel for the
Bleecker Street Railroad Company, Judge Donohue
(ranted an ea parte order directing that the roceiver
ol the road, Mr. A. 8. Southworth, and all tbo parties
In two pending foreclosure suits who have appeared
and answered, show cause, on the 10th inst., why the
company should not bo authorised and permitlod to
make, execute and deliver a proposed lease to the
Twenty-third Street Railroad Company. In tbo petition
submitted to the Court, and on which the order to
how oause was made, it is stated that an examination
ol iho receiver's accounts has shown them to ba deceptive
and untrue; that in tbo report of his receipts
ho Includes $530 U2 cash on hand w hen ho took possession,
and also conductors' deposits and dally receipts
of the road down to and including February 27,
1870, while he omits to furnish any statement of his
expenses later than February 24, 1870, except an
Item of $13 expended on February 26, 1876; that,
omitting hi* receipts for tbo days for which his expenses
are not given, bis account showrs only nn actual
cash balance on February 24, 1876, of $3,588 82;
that he claims in his report to have expended $2,000
lor permanent Improvements, but his accounts show
no moneys disbursed except for the ordinary operating
txpenses of tho railroad; that ho also claims to have
paid on account of back wages and conductors' deposits,
$7,719 36; but whatever conductors' deposits ho
Pas paid out appear to havo been mado up by now doposits
from tbo conductors according to his own account,
and If it bo true that the receiver lias made payments
on account of wages in arrear at time of his appointineut,
it also appears that he is largely in arrear on
the payrolls for employes duriug the two months ol his
iduiinisiration; that theso tacts disclose tho incompleteness
and deceptive character of the receiver's report
and, taken in connection with tho dofamatory
statements against individuals conuccted with tho
nritir lunnriffitmpul of the road contained In both re.
ports, apparently made to thwart any efforts to rcscuo
the petitioner and its railroad from Its embarrassments
by means of tho proposed lease to tho Twenty-third
Street Railroad Company, seem to iudlcaie an intention
?n tho partorthe receiver to deceive tho Court, thestockboldors
and bondholders ol your petitioner by inducing
them to bollovc that the continuance ol' tho recolver
In otllce would result in profit and advantage to tho
stockholders, bondholders und creditors greater than
could arise Irorn the proposed leuso; that tho receiver
lias recently attended at Albany beforo tho Railroad
Committee ol' the Assembly, and personally and by
counsel advocated the repeal ot the law authorizing tho
proposed louse, with a view, as the petitioner believes,
to embarrass tho company and defeat its execution of
s plan intended to secure payment of all tlie just debts
ol the company, as well as to secure a punctual payment
of the interest hereafter lu accrue on its bonds
and a dividend to its stockholders, who hitherto have
derived no iucomo whatever front tbeir slock; tbut
with the same purpose the receiver sought to have
Jacob Kharp punished for contompt in soliciting the
assent ot stockholders to such proposed lease, although,
as the petitioner believes, said receiver well kuew that
tuch assent was only requested and obtained with a
rlcw to making the present application to tho Court for
leave to execute bucIi louse, as until the assent of a majority
of stockholders should he obtained no such application
could properly bo made or Intelligently
acted upon by the Court. Tho potition,
which is sworn to by John T. Conuver on
behalf of the company, further stales that
there exists no such delenso on the part o( tho company
as that some of its bonds are fictitious, as was
alleged In the receiver's amended answer, all tuo
bonds covered bjr the mortgage having been made for
good consideration and being binding obligations; that
during the two months the receiver bos been in office
be has paid no interest on any of the outstanding
botds, which lor the two months amounts to $8,10(1 00:
tbsl he has paid no root, which, including taxes and
assessments lor the same period, amounts to $1,729,
nor has he paid to the city the one per cent of tho
cross receipts, as required by law; that actual debts
have thus been incurred to the extent of $10,000 us
against the balance in the receiver's hands; that the
road is threatened with salo under execution, und ltd
pfficera, directors and stockholders havo at various
iiraos made efforts to raiso money to extrtcato the
iflalrs of the company from embarrassmont and bring
about a successful operation of its road, but none of
>- these ctlorU have been availing; that the Twenty-third
Street Company has accommodations to house all the
itoclc and cars of both roads and at a great saving of
expense and salaries, and the only resource
tell to the compuny to avoid protraoiod
and expensive litigation or judgment of foreclosure
and sale, and a sacrifice of its property,
rights and Interests appears to be tbe leasing of its
roud to soma party or corporation which will assumo
and agree to pay the existing dohts of the company
and secure payment of the interest on its bonds and
construct the extensions of the road which the company
has hitherto been unable to build; that If such extensions
were actually built the value of the road and j
properly would be largely increased, whereas, If sold
ouw, 111* tbe preseut depressed condition ot the money
market, the probabilities are that it would not bring
more than enorgh to pay tho outstanding bonds, leavug
the unsecured creditors wholly unprotected and
musing to IU stockholders an absolute loss of their
ilock; that the owners of more than three-fourths ol
he tlrst mortgage bonds, and a majority of the stock- I
loldors have asi-ented to the execution of the propoaod I
case, tor leavo to cxccuto which the present applica- j
.ion is made to the Court.
Tim cntidituitiM nf lhe nrnnnsed Ipaka am thai thp 1
Twenty-third Street Railroad Company pay to the !
Bleecker Street Railroad Company the sum of $50,000, |
:a-h down, uud apply the net < arnings of the road up to i
1st ?l July, 1870. l?oth to the liquidation ol the floating I
lobt of the Bleecker Street Company. The le-sce will ;
dsn pay au aunttal dividend of one and one-half per i
eon I upon the capital Block ol tho Bleecker Htreet road ;
a?t exceeding 0,000 shares of $100 each, payable half
yearly, from the lat ol Jauuary, 1878, such dividends
Ming payable directly to the stockholders; alio the
payment, semi-annually alter the 1st of July, 1870,
upon $700,000 of first mortgage bonds; that, provided
the payment of the principal of tho bonds shall he extended
twenty years from their maturity by the holders
thereof, and provided tho holders of tho bonds shall 1
accept the bonds of the Bleecker Htreet Company dated >
January 1, 1870, for $106 each and payable In tcu years
Iront their date in payment of the coupons of the
$700,000 bonds falling duu July 1, 1876, January 1,1870,
tnd July 1, 1870, the Twenty-third HircctConipiiny will ;
pay tho principal and interest, payment In he inudo to
the holders Ihoreof. This louse it to continue for I
sinety-ntne years. The Twenty-third Street Company
* Is also to equip tho road, at lis own cost, with not less
bus forty-live tlrst class cars, which, with 300 horses, I
iball be subject to the lien ol the mortgage.
Jacob Sharp, in an affidavit. swears to the ,
ibllily and purpose of the Twenty third Street
Company to carry out the conditions of tho lease; that
iboy will at once discharge to tho extent provided in
the lease ($60,000) tho floating dobts of ttie Bleecker
itreet road, and will take tho road subject to all Us
legal obligations to ita creditora. They will also guar
antoe me propoeeu uiviueuu i<> wie aiocauuiuers ana
will guarantee to the bondholders who enter tlio
arrangement proposed In the lease the tluo and faithful
payment of ttielr coupons. It is lurtlier alleged
that the holders of over .">60 out of TOO bonds have assented
and agreed to tlio scheme proposed in the lease,
and as to the holders of the remaining bonds the
Twenty-third Street Company proposes to deposit In
court the amount of interest duo and payable on their
bonds, to be paid to them uuder the direction of the
Court, and to pay the interest hereafter accruing to the
said stockholders; that tho Twenty-third Street Company
have been unable to ascertain and communicate
with the holders of such remaining bouds. although
diligent efforts have been made to ascertain them, and
that the company proposes slso to pay the reasonable
eoat of these litigations and the receiver's lees, to he
adjusted by arrangement or by order of tho Court, to
keep the road In good running order at its own cost ;
during the lease, snd provide the Hleccker stroet directors
with a meeting room free of charge.
MR BLACK'S CERTIFIED CHECK.
Nearly ten years ago Mr. Austin Black, who was then
quite a prominent banker and broker in this city, ob.
tamed from Mr. Rose a check for ttvt.OUO on the Continental
llauk of Now York. Tho check was taken to
the bank, and, se Mr. Black alleges, was there cofttttod
. ?"wut |M,jrlllg IVIlCr Ul IUC UUII*. UllfU
It wua prcaented to tho bank for payincut It waa refused
3D tlio ground thu tlio corilUcatiou wm a lorgcry.
itlack accordingly lirouglit lull to recover tho amount
II the check. I lio suit alumbcrod lor aome time. The
lank finally flled a hill in equity ami obtained a slay ol
proceedings pending tho result of an indtctiiient round
against llluck lor alleged subornation ol perjury, which.
It will Ik? remembered, recently resulted in lila acquittal
In the Court of Oyer and terminer. The plulutifl'
now eeeka to preaa hie action against tlio liauk to a
peedy concluiiou A motion wan made in nuprcnio !
Court, Cham I era, hctorc Juogc Donohuo yesterday ou
behall ol the Continental liauk lor ah order ul the Court
d.reeling Mr. Itlack, in ?hoar possession the check now
le, to deposit the eanie With some pro|wr custodian appointed
by the Court, so that it limy bo inspected by
exiasrle and the deivndanl in tho action, lu order to
certain whether tho certiilcation is or is not a forgery.
The motion was remeled hy ex-Judge Kullerton. who
appeared lor Blauk, <>n the ground that the defendant
bad in a previous stage of the auil ample opportunity,
and had actually examined the cheek; that it waa an |
NEW n
Important document, tho properly ol Mr. Black, and
should not be inapeelcd except in bis preeouce or in
tlic preavnee of his counsel; (bat It wan merely an attempt
to delay the trial and that such attempt should
not be countenanced by llio Court Judge Douohuo
took the papera, reserving bla decision.
Meantime Judge Itarrett yesterday directed a nolle
prosequi to be entered in the matter o( the second indictment
against Mr. Black in connection with the
charge of attempted subornation 01 perjury.
REMINISCENCE OF THE REBELLION.
After the breaking out of the late war David lilslcy 1
resided at Grey town, 8. C., and was largely engaged io j
business there. Hotug a strong Union man and bold In
expression of bia I'tiion sentiments he found hit
sojourn In that Stato hedged about with a good deal of I
unpleasantness. At thia time the tireytowu Hank had '
dowu $17,OUU to ita credit in the Phuunlx Hank oi this
I city. As Mr, Itislcy had determined to go North an
| arrangement was made bv which he gave to the Greytown
Hauk $10,000 in cush and received Ita check for
that amount on the l'luetiix Hunk. It was not such an
easy matter for Mr. Kisley to get North, and when ho
did arrive here he took a blockade runner to Nasauu,
N. 1*., thence went to St. John and Irom the lutter
J luce came to this city, arriving hero ou ilia 4th of
auuury, 1805, nearly lour years subsequent to the
date ol his receiving the oheck referred to. On prepouting
the check to tho bank, which ho uid promptly,
he was told that It was a genuine check, that
there was tnonev in tho bank to meet
' it and that the bank would pay It, but that
it would be uecessur.v lor him to identity bunsslf
as the |>erson to whose order It wua drawn, on
the next day, although bis identification w..s fully
proven, the bunk refused to pay tbo check, giving us
a reason that the money bud bcou confiscated. 1'hu
uoove ig lue siory uevciopeu 111 mo papers auu opening
of Ikie cave yesterday by Judge Heobo 1u llio trial of the
suit brought by Mr. Kisioy against tlio Phoenix Hunk
to recover |10,000. with "iuieicsi, commenced bolero
Judge Van Vor.tt, holding Supreme Court, Circuit Ou
the part ot the batik, which was repcscutcd by kr. Edgar
?S. Van Winkle, the delenco is that the money lu
question belonged to the Hunk of Grey town and was
duly confiscated by the United Stales government on
account ot iho bunk being a rebol Institution. Followlug
the oponiug ol the case, motion was tiuido to dismiss
(be complaint. This motloh was argued at eonsidorublo
length, with citations of abtinduui authorities
ou both sides Judge Vun Vorst said he would give
his decision ou the mottuu this morning, and thus the
suit stands at present.
RESPONSIBLE CUSTODIANSHIP.
John ?. Ross was formerly the confidential clerk
of Gcorgo llardcn, the contest for whose estate some
time ago so largely occupied the attention ol tho
courts. Mr. Ross claims that Mr. Harden, shortly before
his death, eutrusted him with a tin box
Containing $1,600,000 in money, stocks and other
securities. Ho now sues the administrators ol the fatale
to recover $10,000 as compensation for taking
care of tho box and its vuluubie contents. The case
came to trial yeslurday before Judge Speir, of the Superior
Court. It is claimed that the risk and respoit
sibtlltyof keeping safely the box and its contents
justly entitles the plaintiff to tho compensation domundid.
Tito delenco is In tho nature of a general denial.
It is probuble that the trial will occupy several
days.
A CONVICTED LETTER CARRIER.
A. K. Jeuther, formerly a carrier of lettors from Station
E, lu this ctty, was tried in the Unitod States Circuit
Court ycstcrduy. before Judge Benedict and a Jury,
for robbing n registered letter given to him to deliver.
The letter was mulled on January 111, 187G, at .Millstone,
N. J., by Mary A. Jones, contained $3, and was di
rcctOU 10 aiury uiiiworm, ui AU. oa* neat i?eui;-aniu i
street, Now \ork. Miss DUlworth testified that alio |
liud not received the loiter und tbut the signature of
hcrnumefur it in tbo carrier's book was a lorgory.
The loiter was traced by tbo Post Ollice secret service
to its delivery Into his bauds at Station K Tor delivery.
Tho Jury found the prisoner guilty and ho was remanded
for sentence.
SUMMARY OF LAW CASES.
Tbo return to the writ in tbo oase of Dillon, who shot
Mr. Dllliber at the Westminster Hotel, was produced in
tho Oyer and Terminer Court, boloro Judge liarrctt, yestorday,
but tbo argument was adjourned to next Monday.
Judge Westbroolc yesterday sot down tbo trial of tho
$1,000,000 civil suit against William M. Tweed for tho
16th of next May and ordered tho discbarge o( the
struck Jury till that time.
Tho habeas corpus procoedings In the case of Poter
Mollen, upon which tboro was to have been a further
argument yesterday before Judge Donohuo. in Supreme
Court, Chambers, wero adjourned until to-day.
Tho appeal by the executors and trustees of the estate
of the late Judge MuCuun Irum a judgment In
favor ol Francis J. Parker lor $12,200 13 was argued
yesterday in tbo Supremo Court, Uenoral Term. The
Court look tho papers.
After having been confined to bis bouse noarly six >
weeks on uccount ol a broken leg through felling on
tbo Icy pavemout Mr. William F. Kinlztng made his
appearance yesterday in Court in a habeas corpus case,
lie was warmly welcomed hack to tho sceno of his professional
labors.
In two cases trted yesterday before Judgo Van
j Vorst Judgments were directed to be entered against !
I the city?one for $282 64 for Lester Baldwin tor rent of ,
! the building used by the Department of Public Works
lor storing tools, aud lbs other for $8.MIU 74 In lavor i
ol Samuel Low Jeu lor building a stable for the Policy i
Department. It was elalmod that both bills wore incurred
without proper authority. The Court thought
otherwise.
Judge Donohuo gave considerable time yesterday
listening to a motion to punish lor contompt of Court
Morgenthau, Bruno & Co., late financial agents of the
Industrial Kxhibtltou Company. It was claimed that
defendants disregarded a recent Injunction of tho
Court, the facts ol which have already been published.
The defendants deny any such disobedience, and Judge
Donohuo took tho counter affidavits for examination.
judge > an itrunt, coining special term 01 tue court
ol Common Pleas, gavo decisions yesterday In three
cases recently argued belore him. In Ibe first he denies
the motion to consolidate the libel suits brought
by the Graphic against the New York Timet; In the
second he compels the Knickerbocker Ice Company, ;
in the suit of James Kiley, to either admit the testimony
of one of its officers taken In another suit or
give up its books lor inspection, and in the third he
declares void the bond and tnorlgago given by Louisa '
J. Davis to Lawrence A. Klley.
DECISIONS.
8 IT It KM It COURT - CHikBUl
By Judge Donohue.
Dooleyva Halpiu; Cholwoll va Nicbola?Motions
denied.
Smith va Aldrlch.?What order Is wanted ?
Matter ol Krur.iT el uL ; Agate va Mawbey; Sparks
va Sparks; Baker vs. Kluglierz-et al matter of Keldl
et al.; matter ot Graham; Baker vs. kiugberx et al.;
Same va Same; Allen tra Same; matter of Jackson,
Sc.?Granted.
Willett va Dunscomb.?Motion denied on ground of !
laches.
Mutter of Dunham.?Guardian cannot be appointed
In this way.
Matter ol opening Lexington avenue from 1021 street I
to Harlem Hlver. order granted.
Matter ot the petition ot iho Dutch Cburch In Wash i
Ington square, in the city of New York.?Must be undor
in),
Smith va Armstrong.?Granted. Memorandum.
By Judge Brady.
Marks vs. Marka ? Report of refcroe confirmed and
decree of divorce granted to plaiutitf.
By Judge Lawreuce.
Truax va Docgo.?I am obliged to deny this motion
under the decisions In Grocers' Dank va O'Rorke,
0 How., 18; Weylaud va Tyser, 45 Now York, 28L No
oosta.
Matter of Wintcra?The denial conlainod in Mar
shall'* affidavit of the paymeut of the twcnty-flvo centi
to some ol the depositor*, ns alleged In tint pelitioh,
prevents tbe granting ol the order sought lor. Motion
denied, without costs.
Uhlsheimor vs. Ileymon.? In this caao there roust be
a rulorenco to ascertaiu tbe facts and report to tbe
Court. Vbo whole matter cau lie determined at ouo
sitting, and the relator and defendant must he examined
Iniforo the releree together, with such other witnesses
a* parties may desire to examine. I,el an order '
of reference to Howard J. Toolter ho entered.
Montgomery vs. Montgomery?I am unwilling to grant
n Judgment ol divorce upon the cyldencc In this coso.
Tbe prool of the alley*! criminal acts rests ontlrely upon
tbe testimony ol the physician, who wasoxpretsly prohibited
hy tho statute Irani disclosing Information 1
which he had obtained from the defendant while attending
upon him In a proiusslonsl uapsc ty. 'I K S.
(Edwards), 422, sec. 73 In my opinion the evidence of
the physician should have hern rejected. 14 I'aige. 400,
Kendall v*. Every ; 2 Hilt, 302.) The case is sent back
lor lurtber proofs.
Wood vs. kcal.?Motion to vacate attachment denied, 1
with costs.
riuinuicr vs. Tompkins.?In this case 1 do not think
that the defendant has so fully explained tltu Circumstances
attending tbe giving ol the mortgage to hia
mother, aud the Judgmuiil obtained hy h'n brother, as ,
to warrant ino in muling thai lie has overthrown tho
case made on the part ol the plaintiir. t he affidavits of |
tbe plalntlf! disclosed good grounds lor Issuing ?n order
ol arrest, and they do not seem to be fully met by the ,
delondanl. The motion Is therefore denied, hut tbe defendant
tnay have leave to renew on further papers, If
o advised.
Hl.ike vs. HendsIL?Tho affidavits In this case are
conflicting, but 1 do not think that the case made by
III** til is I It Ll fl M At LllA tifllM nf Kllhlvltlif li.r thu uhsnlt. i
nifiii i* so fully met an to roquirc that an order amuii- 1
mg the attachment should lie eulored. Motion denied,
Willi covin.
Homer va. Spelman.?JGranted.
Dexter vi. The Mayor, Ac., and another.?Tho claim I
being thai the agreements vol lofth in Hie complaint
are fraudulent nud void, aud that ibsuo having to be
iriud and tattled before tho examination ot a long ac- j
count can become netoaaary. The motion lor a reference
denied, without covin.
Socle v*. Sculu. ? Under rule 21 tbkf motion ahould 1
have been noticed wtthiu twenty day* from the vurvico
ot the uuawer. It waa not aervad until twenty-nine :
days niter the service of the answer. Under the da- .
ctsion of the Court ot Appeal* in Kulton va. Ileeche (i? j
N. Y., 183), I am atronglv Inclined to the opinion that \
the remedy il not by motion to make tho an.-wor more I
detinue and cnam, but by moving lor a bill of parti- i
cularn. Ilotion denied, without coat*.
Middleman va. Kitlridge.?Whlla the authorities cited , 1
by tho delcndant establiah the power ot tha Court to |
4
)KK HERALD, TUESDAY,
dismina lb* complaint for the neglect of a non-resident 1
pleiutill to Ulo accuruy lor eosiii. alter ordered ?u m do. r
Uio power is discretionary aud should not be exercised t
in nil cases. ruder tbu eircu instances disclosed tu this I
case 1 will allow Ibe plaintiff leu days furtber time to 1
comply wltb ibe order on payment of coata of motion, t
otherwise the motion for a diaimaaal will be granted. 1
('J Wall's i'ractice, 67d, and casea cited.) _ 8
Anderson vs. Jacobs.?The order herolorore entered
wilt be amended by striking oullho clause which I have
marked. Having examined the caso of Chamberlain vs.
Pempsey (?j How. 1' K.. Jib), I Unit nothing in it which j
domes the right of the Court to extend llio ttino of
sureties to justily, to allow a uow undertaking to la> .
tiled If to allow timo for serving notice of Justification. ,
That ratio turned upon the lact that no notice ol the
Justification of iho new sureties was given and leavo
was not obtained from the Court for the service of
such notice.
Stlilwull vs. Nnvius.?If 1 understand iho fuels la I
this case correctly the money, which It is sought to |
havo applied upou the Judgmeul against Iho delentlaiits.
was deposited In the bank at Kll/.abclh, S. J., and
at the tune the attachment was issued the ruilro&d
company bad no hinds of the dcrendaiiiM in their hands. :
It also appears that there was an attachtueut Issued lit
New Jersey at the insluuce of other parties for Iho
protection of the railroad company, which ought not
to bo com|>elled to pay twice. I w Ish to clearly understand,
heloro making the order, on what ground It is
cluiiuod that this Court can onlorco iho payment ol
funds without the jurisdiction of the Court, and,
secondly, If there were no moneys In the hands of iho ,
railroad company at tho time of survitig the attachment,
how cau It be said there was any levy theru- 1
under. ]
Mucbado vs. Haltus.?f! ran ted. I
Craven vs. Uiles.?I'nder the circumstances disclosed |
by tho plaintiff's papers, I think that an opportunity 1
should he givou to comply with the ordor that plulntill
tile security lor costs. A dismissal of tho complaint
is uot a mutter of absolute right in such a case Regarding
the motion as having been substantially re- ,
argued I am disposed to allow tho 4plaiulll1 to comply
with tho previous order ou pay illicit ol $10 costs of '
motion and upon filing his bond iu eight nays front 1
date and just dying us provided by the statute of 1875. 1
I will, however, hear counsel if desired. 1
SUPREME COURT?CIRCUIT?PART 2. ,
By Judge Van Vorst. i
Bonynge vs. Waicrbury, Ac.? Case settled. I
By Judge Van Brunt.
Hotten vs. Hotten ct ul. -^Order settled.
SUPREME COCKT?SPECIAL TERM.
Bv Judge Lurremore.
Lnngdon vs. Phelps et al, No. 1; Langdon vs.
Phelps et al, No. 'A?Demurrers overruled with leave to
pleud on payment of costs.
Bolt, Ac., vs. Pentz.?Demurrer overruled with
leave to answer on payment ot cost '
Lohuiatcr ot al.?Judgment Tor defendant on tho |
demurrer, with leuve to plalultn* to serve an umondod
complaint within ten days on payment of costs.
By Judge Van Brunt.
Losen vs. Matthews. ?Extra allowance of $1,000 to defendant.
Stevenson vs. Lesley ot. al.?Findings and decree
settled and signed.
By Judge Van Vorst.
Logan vs. Jardinu et al.?Judgment for plaintiff.
Krti.-t vs. Parsons.?Judgment lor plaintiff on the
demurrer, with liberty todcioiiduultonnswerun terms.
Opinion.
SUPERIOR COURT?SPECIAL TERM.
By Judgo Sedgwick.
Lycoming Firo lusurance Company vs. Kleblsct.? <
The doiendaul was not In actual custody ul the tiuio ,
when plaiutittmight have entered judgment, or when ,
judgment was cutoiod. Motion to dischargo defendant ;
denied. I
Kirk vs. Mercanttlo Mutual Insurance Company. ?Seo ! i
memorandum lor counsel.
F.ttlinger vs. Stigniullor.?Motion denied.
Wenifeld vs. Johnson,?Tho dndiugs ana conclusions
of law are not suiliciontly explicit on the point involved
in this motion. II the point had beon submitted
on tho trial I would havo louDd that tho delondaut in
his original employment was a stockholder between
pluiulill and Cluck, especially upon tho terms of tho
papers signed by tho plaintilf. 1 havo so much doubt !
that I must dony tho motion, without costs.
Carpenter vs. Fischer ot ul.?Complaint dismissed,
with costs. Memorandum.
Johnson vs. tho Mayor, kc.?Motion denied, with $10
costs.
Schuler vs. Gcrmania Hank of the city of New
York.?Memorandum lor counsel.
Selluck vs. Ferguson ct al?Motion denied.
Miner vs. Huekmuii el al.?Memoiauduin lor counsel.
O'Brien, Ate., vs. Tho Commercial Insurance Company.?Motion
denied. Memorandum.
Willuioul vs. Meserole. ?Order settled.
Ity Clnet Justice Mouoll.
Weed vs. Tho Mutual Benefit Ltfo Insurance Company.?Caao
and exceptions settled. ;
COMMON PLEAS?EQUITY TERM.
By Judgo Van Brunt.
Arkcnburg vs. Shoridun.? See opinion. j
Kanmeyer vs. Connor.?Soo meuiorundum.
Davis vs. Riley.?Judgment for plaintlfl, with costs.
See opinion.
COMMON PLXAS?CHAMBERS.
By Judge Van Brunt.
Salomon vs. Congregation H'nai Jeshurun, ic.?Motion
to co11llrin ruierue's report grauted. See memo- j
ranuum.
Taylor tb. Philip.?Motion denied, with $10 costs,
lliill vs. Youngs.?Motion granted.
Paulino Curu vs. Munlius Cure.?Motion denied ou
terms. Son memorandum. i
Uoodsoll vs. The New York Timet.?Motion denied,
with costs to abide event. Soc opinion. I
ltiloy vs. Knickerbocker lco Company.?Motion
granted, unless defendants stipulate to admit curtain ev- 1
ideuce. Seo opinion,
llruckol vs. ilruckoL? Motion denied. Soo opinion. |
Mutter of McN'ilcn.?Motion denlel, with costs.
Hears vs. Davison.?Motion granted, unless plaintiff
put cause on calendar lor April term and pay $lo costs ;
of motion. j
Samuels vs. Tho Hanover Fire Insurance Company.?
Motion denied.
MARINE COURT?CHAMBERS.
By Judge McAdam.
Snrgansky vs. Coraouze.? Attachment allowed; j
Haullurd vs. Morgan; ltustishols vs. Kauch; Simon vs.
Kisner; Hall vs. Chaiiwick; Curtis vs. Popper; Herman
vs. Miller; Langdon vs. Harvey; Jacques vs.
llarl; MadJox vs. Kayno.?Motions denied. Seo
papers II led.
Culler vs. Watkins; Irwin vs. Reid; McKnll vs. t
Huntoon; West vs. Lynch; Uremier vs. Spatds; The ?
Asbestos Pelting Company vs. Avery; Kankiu vs. *
Quincy; Sherman vs. Metropolitan National Hank; C
lotrgo vs. Carpenter; Tuuoncy vs. l'ulmer; Hurzog vs.
Bub; The Oermaiiia Hank vs. Munkcubeck; Boss vs. a
Conklia; Kunhard vs. Conklln.?Motions granted. Seo >
papers filed. I
Ahrens vs. AppeL?Uelault opened, but motion to
dismiss deuied.
Couovor vs. Spicor.?Receiver's bond approved.
Bell vs. Schanler.?Samuel Wood appointed re- ;
cciver.
Butler vs. Conklln.?See memorandum.
Derr v?. Bonnuer.?t). S. Robertson, receiver.
gcbulk vs. Williams.?l'lain tilt may take bis order.
Smyth vs. Solomon.?See indorsement. ;
Schuefcr vs. Anderson. - Referred to J. H. McCarthy.
Leonard vs. Smith.?Motion grunted on tiling bond.
llunteiict vs. Conner; (lighter vs. Brokaw; Witt- j
meycr vs. Tho Marion Watch Company; Payne vs.
Kerwin; Ca/oele vs. Carr; llratnsou vs. Farley; Urell
va Iteming.?Motions to advance causes granted.
COURT OF GENERAL SESSIONS.
Before Judge Gildersloeve. \
NO BOOM YKT.
Judge Gildersleevo o|ioned Part 2 of the Court of
General Sessions yesterday in the room of Part 1. A
lull panel of potit Jurors was in attendance again. His ?
Ilouor stated that no new court room bad been pro- {
vldcd yet, and ho would, therefore, be ohllgod to ad- ^
journ tho court again, and us ho could not toll i
wiicu a room would be provided be would ad- '
juurn fine die. To the Jurors who had been brought
there Irotu their business month alter month to no pur- 1
pose he thought an explanation of the mailer was due.
and ho therefore stated thai the law which uulhori/cd
the holding of two hrutictice ol the court ulso directed .
that a euiluhle room should la1 provided. The judges of
tbo court, although not required to do so, hud made b
every oiertlou to secure an apartment They had y
argued the matter bolore tho Committee nt the Board
of Aldermen, and had also appeared before the Sena- ?
tonal auti Assembly committers and ex- B
plained the necessity lor action. Assurances "
had been given mat an apartment would 11
he promptly provided. Four several rooms r
originally built for court rooms were now occupied as '
Illlli e* ny Tanuu* hiuuii ijwi u, |.uniiiiiiiii, nriiuxu'ii; thousands
of prisoners ?of? clamoring In vain lor trial.
1 he juror* were thou dirchurged and the Court ad- J
jniirncd tiitr aie. Judge Uilderslvcve proceeding to upon
and preeldo over Part L j
MICHAEL M'CABE'B MEDITATION.
Michael McCabe, of No. 82# Kleventb avenue, was
meditatively leaning against a latnppost on the corner n
of Klghlh avenue and either Thirty ninth or fortieth r,
street, at two o'clock on the morning of February 20, |,
when several men scued him from behind and held f,
him wlule another "went through" his pockets and 0
relieved liiin ot a watch and chain worth $26 and $:i in
nioaiev. The narlv then lied, and McCabe told the clr- T
cunisianccs to officer Osborne, ol the Twentieth pro- c
duel, who led him to a saloon corner ol Tenth avenue II
ami Kortv-Urst street, On entering this place McCabe a
raw John Fitzgerald, of No, 444 West Koriy-tlllh f<
Btreet. whom ho recoghizod as one of tho robbers. ti
The officer at onco took Jolin into custody, when he .V
attempted to throw away Mr. Mo ahe'a watch. The h
pnaoner pleaded suiity to robbery in tho ttrat degree a
beiore Judgo Ulldcralceve yesterday, and wai (cut to t
the rituto I'rlaou lor len years. b
ASHAl'I.T WITH A KNIFE. {*!
James Smith, who, on the night of Octobers, made a
an assault with aknile upon Jacob Bollenbach, of Na
[>1 Wooatcr atroet, In tho ralooo of one Hoppoll, No. C
1210 Kaat Twenty-ninth street, was found guilty ol a
simple assault with a roconiuiondallon to mercy, and
the Court sent him to the 1'eulteutlary lor three
months.
WASHINGTON PLACE POLICE COUBT. d
Before Judge Kilbreth. a
LABCKXY t'lluH THK PARSON. "
On the night of tho 20th ol February Mr. Frederick ,
S. Ilurr, of Na 61 Bedford avenue, Brooklyn, made the
ai quaintanco of Coiiklln IVnrmtll, of No. 67 Monro* "
at reel, a boatler an>l jockajr, in tbo aalooa on the outh j
tut cornnr ol CrotUjr ami Uouiton airatu. Altar bar- j a
MARCH 14, 187(5?TRIPLE
ng a few drinks Pearaall accompanied Mr. Burr to the I
treet It ?u then utter midnight, sud lYuraall asked i
be time of night. Mr. Burr pulled out but ninety dolar
gold watch to tulorin bim, when rc.?r?ull grubbed i
t and rati any. Tbe case wua reported at Hoadqunrors,
and detective* were detailed to work up the rase,
hoy ycaterday arrested l'ear?all, who was fully idenliled
by Mr. Burr, aud was held in >1,500 to answer. ,
THE EXC1MK LAW. ]
The iorty-two liquor dealers, arrested on Sunday i>y |
ho police of the Eighth, Fifteenth and Niutb pre- I
iucts, whoso names wero published in yesterday's t
Ikkai.d, wore each required to sire J loo ball yeslor- (
lay lor violution o( thu Excise law.
STEALING A DIAMOND PIN.
Frank Gallagher anu Danief McVay were held In j,
11,000 each lor stealing a diamond pin, valued at
11,000, from llugb McCue, of No. 26U West Forty first t
treat The complainant met tho prisoners In a ealoon 1
in West Forty-tbird street, on Sunday morning, and, 1
rbeu on the street, one of them snatched the pin una *
an away.
FIFTY-SEVENTH - STREET COURT. '
Before Judge Flammer. ,
THE DEADLY COMBAT WITH THE POLICE. 1
William Thompson was yesterday held in $000 bail to |
inswer a charge ot disorderly conduct, preferred
iy Ofllcer Llndenbcrg, of tbo Twenty-second precinct,
t was on account of tho arrest of tbls prisoner that
.be tight occurred on Eunduy betweeu roughs and the
jollce, in which the boy Jumce Carr bud bis skull l>ac41
red.
threatened to kile his landlady.
John Rally, a boarder At No. 401 West Forty sixth
it reel, was held lor trial Iu default or ball oil a churge
if threatening to kill hist landlady, Mrs. Mary Dully.
Ho went liooio Intoxicated on Sunday night, and Mrs.
Dully expostulated with liitn on the error of his ways.
He was, however, iuno huiuor then to receive Mrs.
Dult'y's well-intentioned admonition, and. seizing a
sarvlng knife, he said he would kill her. A neighbor
disarmed him, and be was locked up tho remainder ot
he night. He denied tho charao.
a tramp's supposed chime.
Frodertck Flora, tho German tramp who was reminded
on Sunday ou a chargo of sotting lire to
duyke's lurnituro factory, at No. 021 Tenth avenue, 1
ivhs arraigned In court yesterday. The-Fire Marsha] '
md In the meantime Investigated the matter and the
cstlmony taken by liirn was submitted by Ullleer Cotrill,
who bad arrested Flora The fact appeared that
iomebody bud built u lire, partly on tlio hearth and 1
tartly on the Hour of No. 023, a portion of which is
ised In connection with the factory, while on tho
[round boor Is u lager beer saloon. There was no cviience
to show that the accused had kindled the tire; ,
.till he was held for trial simply upon the (act that he
>vas found In the room where tiie lire was. There wns
lurdly any damage done, and, lor nil the tostimony
iliowcd to the contrary, the 11 ro may have died out of ,
tseir.
POLICE COUttT NOTES.
At tho Essex Market l'olicc Court yesterday Judge
Kasmlrc held William Witt in $2,000 bail to answer a
diargo ol stealing a horse valued at $150, the property
%r Ti...i?.i i if..e..hn ?iwi n.do.c. ai.oAt
-n U?UH'| u. n>ui|>iij, v>i .iu. . KKiawu aticvi.
At the Tombs 1'oUco Court yesterday Ernest Plcot
was held to uuswor on a charge of stealing un organ,
.'allied at $150, from Augclico Eollni, of No. 57 South
Kilth avenue.
William Doherty was held In $500 to answer for
dealing a watch Irom his mother, Mary Doherty, of
S'o. 50 Beach street.
Christian Meyers, of No. 3)1 Greenwich street, was
eld to uuswor ell u charge of stealiug two Prussiun
..ink notes of the value ol $500 in American cur ency.
Joini J. Simpson, of Brooklyn, was j eslerdny held
n $1 ,000 to answer on a charge ol burglariously enter- I
ng tho storerooms of Elouitar Ayres, No. 10 Ann
itreet, and stealing thorelrolu two Jeweller's rolls and
>ne Masonic blank cerliticate, ot the total value of i
$51.
COURT CALENDARS?THIS DAY. j
Supreme Court?Ciiamheus?Held bv Judge Donolue.?Nos.
3. SO, 37, 4J, 00, 88, 08, 09, 100, 102, 107,
L12, 114, 118, 120, 132, 133, 135, 130, 141, 144, 145, 152,
154, 174, 184, 185, 198, 109, 200, 201, 202. 203, 204, 205, .
!ti?, 207. 208, 220, 228, 234, 200. 281, 208, 300, 307, 309, '
ill, 322, 332, 334, 335, 330, 340, 345, 351, 352, 350, 303,
S04.
St'i'KKMR Count?General Term ?Held by Judges
Davis, Brady and Duulols.?Nos. 133, 134, 136, 130,
L37, 138. 138,S,, 130, 149, 141, 142, 143, 144, 146, 140,
147, 147)*, 148, 149, 08.
Supreme Court?Special Term?Held by Judge Lar ctnore.?Cose
on, No. 225, Kluiball vs. Newton el oh
s'o day calendar.
Supreme Court?Circuit?Part 1?Held by Judge I
Sarrelt. ?Case on. No. 1189, O'Brien va Brown- (
ug. No duy calendar. Part 2?Held by Judge Caw- j
'once.?Nos. 2352, 1050, 1548, 1372, 730, 1380, 1278, ,
!004, 1830J,, 2303, 1384, 382, 1001, 098, 2070, 1322, 1007,
1258, 1750, 444, 1324. 1240. 1126.',, 1020, 514, 1350, 1370.
'art3?Held by Judge Van Vorst.?Nos. 1105, 1130,
S619, 1305, 933, 2539, 1910, 033, 1127, 803, 2331, 2332,
1333, 2334, 2335, 1115, 718, 769, 1035, 073, 2033, 2025,
ill.
Superior Court?General Term.?Adjourned to
Monday, March 20, 1870.
Superior Court?Special Terr?Held by Judge
Juitis.?Nos. 31, 2, 24, 35, 23, 1. Trial Teim?Purl 1?
Held by Judge Saulord.?Case on, No. 1217. No day j
.-alondar. Purl 2?Held by Judge Spier.?Nos. 702, 754,
*58, 2047, 430, 1011, 1020, 600, 090, 050, 067, 058, 722,
154. 800'..
Common Pleas?EguiTT Term?Held by Judge Ven
JruiiL?Nos. 4, 5, 35, 2, 20.
Common Plras?General Term?Held by ChiefJuslice i
l.lv mi.l Jiulm.. Vin IIAllium .nil I V lli.lv Snt
I. 24. 25. 20, 27, 47, 64, 06, Ml, 70, 177. Trial Torui? | >
'art 1?Held by Judge ltobinsun.?Case ou, No. 1200. i
so day calendar I'urt 2 utid 3.?Adjourned uulll Iho
Irst Mottduy of April. j
Maui.vs Court?Trial Tkkx?Part 1?Held by Jud?o
llkor.?NoS. 8769. 3837, 6M44 , 7108, 2132, 3416. 3803,
IM25, 3020, 3034, 3930, 3986, 5367, 6924, 2212. I'urt 2? j
loid bv Judge Shea.?Nog. 5040, 0321, 3888, 8587, j
1082, 3806. 6076, 4540, 0224, 0893, 0973, .7047, 2334, |
1534, 3802. Hurt 3?Held by Judge Mocpp.?Nos.
1604, '2190, 0801, 6787, 0689, 0743, 0125, 7000, 2001,
1828, 5346, 0692, 6003, 0849, 0777. 0667, 0804, 6794,
1020. 5896, 3010. 2189, 0672, 6827.
Court ok Ukmcual. SkssioMS- Held by Judge Gllderilecve.?The
1'cuplo vs. David Foley, robbury: Sumo
John Welsh, robbery; Same vg. Joint Murphy, rub>ery;
Some vs. 1'blllp Quiuby, burglary; Santo vk. j
It-itry Williams, burglary; Same vs. 1'etcr Hobntoyer, ;
turglury; Saute v?. I'atrick H. Weldon, burglary; Santa |
a. Thomas M. Flyun, burglary; Same vs. Edward
,'srroll, Mlcbiel Kerrigan and Juincs McQuade, burgury
; Saute vs. Charles Urowor, burglary; Saute va
lumea McCue, burglary; Same va. James Heat, burgury;
Same vg. diaries McUuire, burglary; Same vs. j
jcorge Lawrence, grand larceny; Same vg. Lilly Kriler, J
<rutid larceny; Satan vg. GoiUrev Mitchell, grand Inr;eay;
Sumo vs. John Murphy, grand lurcmy; Saute
ik. Margaret Murphy, gram! larceny; Same vs. Daniel
Jurtus uttd Edtvard Cussidy, grand larceny; Same vs.
(ate Hatntlgan, grand larceny; Same vg. Frank Fierce, {
orgcry; Same vs. Ellon Morau, receiving stolen goods; .
lame vs. James Foley, false prutencea; Same vs. John I
tlllcholl, petit larceny; Hume vs. James Huberts, petit
nrccny; Same vg. Thomas McDowell, pctil larcony; 1
'ame vs. Nicholas 0. Con Inn, assault and battery; Same
ia, James Boyle, assault and battery. j
THE IB WIN CASE.
The examination Into the case of Richard B. Irwin,
barged with having In hla possession $760,000 belong
ng to the Pacific. Mail Steamship Company, was to
tare been resumed yesterday morning, before Judge i
i.xby, but on account of the non-uttendanco of wit- j
leases it had to bo postponed until this forenoon.
L'HE ALLEGED FEMALE SWINDLER. ,
I I
Annie K. Klcy, tho alleged confidence wotnan, who, !
I is claimed, has swindled many of our well known
usincss men, was taken to tho Tombs Police Court '
esterday. Judge Duffy, who will hold au examination
f the charges against this woman, decided to let her 1
0 on her giving $ 4 .000 hull to appear lor examination '
ext Saturday. Those who assert that she has oh- "
slued goods or money from them hy making false repesciitatlons
Will then have a chance of proving their
barges. Kich developments aro expected to be made :
ubI.e. I .
HE ARKANSAS EXTRADITION CASE. :
ROUBLES or a claimant WHO wab HUCCEH8- : ;
rue before the mixed commission. i j
Yesterday Augustine McDonald, the individual who I 1
as arrssied In Brooklyn about two waeks ago upon a ]
cquisillou from the Governor of Arkanais, In which he >
1 charged with subornation Of perjury, was again bo>rs
the .Supremo Court of Kings couuty, Judgo Gilbert, t
n a writ of habeas corpus procured by his tounso1, E. ?
. Wood, and ex-Judge Ray, of Washington. The ao- , ?
used, it will be remembered, recovered damages In {
lis sum ol $193,000 from the Mixed Claims Commission, 1
t Newport, It. I., three years ago, the amount being I
>r colt*in alleged m have been destroyed by federal .
roups during tho war, In the Slate ol Arkansas. i
fcdoiiald is a subject ol Her Britannic Majesty. He I
ad upward of 100 witnesses who swore to the facts "
ppcriaiulng to the destruction of the cotton. Jeul- i
iiisy and law suits with others with whom be hud J
usiness connections ensued mod Mr. McDonald says be .
us Ixmn persecuted by certain people over since, and
i.?t Hie ?lb-cations ot nerlurv now made asulust him r
re all false. >
Judge Ullbort took the paper* and reserved hi* de- i
lalOD.
WANT AND 8UICIDJS.
Bridget Nolan, a woman nearly fourscore year* of ?
go, who has no home, uttempted to kill herself yesteray
morning, in a fit of despondency caused by hunger ' '
nd general distress, i-lio was about to throw herself 1
II the dock Into the Oowanus Canal when Roundsman
erry, ol the I'hlrd precinct, caught her. She will bo
ent to the Home for Aged. j
A young man, named Samuel Thornton, 23 year* of i
ge, swallowed a done of laudanum at hit roaldtnce,
lo. 233 Johnaou street, yesterday, with suicidal In- 1
ent A timely emetic saved hi* III*. It* was do- I !
pondcut, being out ol employment
: SHEET.
UUnENSTEIN.
IN EFFOBT IN BEIIALF OF THE MUBDEBEB OF
KA11A ALEXANDER.
In the Supreme Court, Special Term, Klnge County,
I'fiiianuu ??a iuauu yrsieruay oy me couueei lor
i'esacb N. Kubcusteln lor a writ of error aud stay of
>roceeding? before Judge Trait. Mr. Mott said that he
>elleved there was sufficient ground on which to base
ho application, and he was contldent tliat It ilis Honor
ound the oscoptiouH tenable an opportunity would bo
ilforded the prisoner to prove bis innocence. The first
ixception was In tho evidence of the doetor, A. W.
Ihepard, who mado the post tnortem aud tcatiOed that
iura Alexander's throat was out from behind frotn lelt
o right The question was subunttoa to tho Jury in
be Judge's charge, whether any murder had been done
>r was It suicide. The exception was, iberulore,
ilaluied as Important. Wbiln the clothes of the murderer
jf the wotuau must havo been covered with blood, the
Hollies of Kubeustem were tree from blood, except
two small stains inside the sleeve.
Tho second exception was in connection with the
dream ol Kubenateiu. Tho woman disappeared on December
12, and ou tho liilh Irieuds cuuie to tho houeo
of Hubenstein's lather aud made known tbo girl's disappearance.
The prisoner, In the midst of the oxciu
nnint, amoug various conjectures ana iu a iccuie condition
ul health, hud a vision. A wiiucss, who knew
Kubenslem lu the old couuiry, testified that ho had a
dream as to his mother's death. Tho question was
itien put, '*l>id he hear from his uiothor ulierward Y"
and it was objected to. The duloucc desired to show
that the dream iu relatlou to his mother was quite ns
true as the dream 111 relation to Sara Alexander. They
desired to show tbal dreaming was a habit, owing to
the condition of mind and body in which the prisoner
was.
The next exception was touching the exclusion of
evidence bearing on the physical condition of the
prisoner, which would, they claimed, show lie was not
capable of committing tho crime charged.
Kxceptiou wus also taken to the evidcnco 0s to the
prisoner having seeu "Quint" lu New York, at No lid
Division street. Tue testimony of Solomon Cramer
was also excepted to. Mr. lieach argued that the question
is u legal oneuB 10 whether the jury disregarded the
law, and he believed that lu the indulgence ot uu uu*
rcusouublo and bitter prejudice they did condemn.
If the Jury disregarded auy Instruction of the Court it
wus uu error, and the deicnce wus cnn lied to u new
trial. District Attorney Urittou opposed the motion,
tnd Judgo 1'ratl took tho papers, reserving his decision.
THE HALGADO MYSTERY.
WHAT AN ITALIAN PBIHONEB CLAIMS TO KNOW
OP TUB CAPS.
Krnesto Pico, a sharp-looking, middle-aged ltallan>
was arrestod yesterday morning by Ofllcer Moran, of
Iho fourteenth precinct, on a charge of swindling
Angel Finello, of No. 51 .South Fifth avenue, out of a
sum ol money ou the pretenco that he cotilil procure
In in a situation. At the Mulberry street slutiou house
the prisoner called for Captain Allaire, suytng that ho
hud an importuut communication to make. 'l'ho Captain
was soou at hand, aud the Italian, with a considerable
show of secrecy, stated that he could throw somo
light on the mystery ol' the missing Spaniard, lie then
went ou to say tliut ou Friday lust, at about four
o'clock I*. M., he was walking along Broadway, near
Fourteenth stroet, when he met u Spanish acquaintance,
wlioui he had once known in I'ans,
Naples und Constantinople, and whose reputation lor
being "crooked" was well settled, l'ico, on seeing
him, conceived the idea that he know something about
SoAor Halgado, and accused him ol being concerned In
the disappearance of that person. The muu turned
pale and took Irom his pockot a roll of lulls and, handing
0*0 of $100 to Pico, hogged him not to mention it
to any one. Ho then walked rapidly away.
Captain Allaire was so imprcs-ed w ith the story that
he took tho Italian to the Central otltcu, before Superintendent
Walling. The latter questioned him at considerable
length, hut could got nothing lurther than
what lie hud previously told. Pico assured the Superintendent
thut ho did not know the name of his friend
itnd bad no knowledge of his present whereabouts,
lie, however, gave a description of tho man, which was
iluly noted. The police ullribulo but little unporiauco
to tho story.
The detectives aro still without satisfactory results
from their labors In the cuso. The latest theory advuucod
is that the man who was scon to hill Into the
ICHIs, in crossing Irom Staten Island to Jersey City, ouo
night last week, was the missing Sen or,
POLICE TRIALS.
Patrolmen Finnerty und Mulvoy, ol the First pre;lnct,
were again before tho l'oljyc Commissioners
I'estcrday on the charge ol commuting an outrageous
usault upon Margaret Jego. Tho case, it will he re- 1
mombered, was triud in court und the prisoners die- j
:hargod. No lostitnony ol importance wug elicited.
TTTF. FT V F. MASK F.l) RITIUIIYAUK I
Tho following additional details have boon gained I
with reference to tho burglary on Sunday, committed 1
at Mr. Crossloy's house, on tho Dullcytown road, above |
Guttenburg, N. J. The burglurs entered by a rear ,
window, and It is thought they wore India rubner
shoes. They found Mr. Crossley uwako. Duo of tho
burglars presented a pistol at his head and threatened
to murder him if he attempted to give uny alarm. Tho
utmost extent of tho booty of money, Jowulry, cloth
lug, Ac., is not over $800. It is bolievod that the bur- |
glare In question aro the same who stole about $200
worth of property from North iiergen. Captain Bono
van, of the Hobokou police, has notified Superintend- |
?nt Walling or the occurreneo. Tho burglars uro ho- |
lleved to he Now Yorkors. No tidings have been received
of the busluess wagon, with sorrel marc attached,
stolen by tha live masked burglars at Mr.
Crossloy's. I'p to tho limo of golug to nross no arrests
had been made. Governor Hodle, of New Jersey, has
iflorod a reward of $500 (or thoir capture.
RECORD OF CRIME.
Frank Hawley was arrested und locked up on charge (
A mayhem, in Brooklyn, yestcrdav. Ho Is charged
with having bitteu a linger off l'utrlck Kceuan's hand.
Thomas Fern, of No. 118 Madison street, Now York,
sus robhod of his gold watch and chain on Sunday
light while riding on a Myrtle avenue car In Brooklyn.
William Hav. who was robbed of $100 in greenbacks
while In the Franklin House, Brooklyn, the other day,
caused the arrest of John Thorn yesterday on charge of
>oing tho man who robbed him.
William Lynch. of No. 1,AM Fulton street, Brooklyn, !
who was arrested on Sunday uuchurgo of making eoun- 1
lerfeit live cent nickel nieces, was yesterday taken beore
Judge Benedict who held him to hail in tho sum of
|2,&00 to await examination.
HUDSON" RIVER NAVIGATION.
Mr. Charles O. Smith, pilot, reportod to the Hb*ali>
yesterday morning that he had comedown tho Hudson
'rom Stuyvesant on the I'luladelphla towboul Hamilton
Dltsou, which has boon icebound at the above
lamed place all tho winter. Ho stales that thoy encountered
much drifting ice above Handout but coin
immtivoly little below. Navigation is not yet open !
thrive BiUyvpaanl, tho Ire being thickly ptoked. The
ileanier Golden elate null Ilea against the wharl at Sluyrenant
in about eight (ect of water. It lg thought she
can bo raised.
Foa IALB.
* -FOR *AI.K AND TO LET-BAKKKIKA. CONKF.CAi
tioiieriu?, Ci^nr Htorvn, Liquor More*. Lodging
House*. HostMurAiitM, Grocerlrt. Meat Market*. FUh Mar
itfiK, Country Hotel*. MITi'llKLL, 77 Cedar at. t
WKix ibbtabLibhkd and PAYING johmniif {
ll.i-ii.i--i. stock about flH.iaii; slckm ?< reason fur
clliug. Apply to A. BUlMljt WT, lii) Sa?au at.
A 11A'r. iJAP-AND rVR BUBINHS, THI UADIM
I V at ere for thirty years in a first class city in Jersey; 1
Ids i( a rare opportunity: open to thorough investigation; !
i?iht having made a large fortune retires; t Ih.'Ssj per
innutn can be realised.
MaLoNK'S Store Agency, Nit fi I>ey St.
A first ri.Ass roit\Kit LiyUoit store yotvsi
town ; good locution ; at sacrifice this day. I.I.OVD A
iVaRO. ill Broadway.
A KlltS if I-ASS WI.1K BOOll (KENT REDUCED) (11
Nassau St.. will he told cheap this day.
Hvtohik shop rou uuL-im aid ti kcltoti
row, Williamsburg. ' I
KR'ITU SIORK-BONA>U>? CON0RHN, BB.UUUTHALK ;
It cash; balance on two years' tiuis. Address K. J.,
Isrslil oAlite. I
I tKltl STUIIK Hilt SAI.K-IN BKdokhVN: (;m>D
It location. long lease, low rent; sold cheap. Address
'BIX, IN York at.. Mroealy.
h^HTABLISIIEIl DRY <;<><? I is BUSINESS KOIt dALB.?
i I offer far sals for thirty nays an estahllshed and payng
Dry Ooods Business, in thriving and prosperous county
eat; escelleut stock, selected with special reiirci.ee to
ih-kI trade: would take well located, nroductire city Prop
rty In part payment; satisfactory reason given lor sale,
id.lress W11.1.1 AN I. SMIEF.Y Paris, Monroe canty. Mo
i,biK saLk-a Lot "ok coMP<7si tors' stands. .
P very cheap. J. L. KXIIIIIT, Bennett Building, room
i. Htm atory.
blOK MALE?A Kill SI CI.AHH KALOON ON IIIIOAI)
way. Addreaa 1IAKMON, tlirtld Uptown Branch |
flic*.
LH#R MALK-SUTTKH7 IMMl AND PROVISION siollif :
I Applv m IVopla'a Dining Room, IIMm Canal at.
tNOK MALE VERY LoW-Tti CLOSE OUT A CONcorn,
Ulftifcr Ala factory, cnmplota In evary particular;
apacity I waive barrela a day. Apply at M. L. SIMPSON H,
to. :?W .south William at.
bioi >ALK-fiTREif~BLACK WaLNUI' TOP COl/'Ntera.
l'Jxl, with aholvea undar; alao two pine Tallica,
ante ?!<?. with legt; gotMl aa new. 414 Broadway.
tfOK KALE-rlllST 6 LAM CORNER LIQUOR Ml ORE;
1 lo in Isaac . doing good paying buaiiiaaa; on easy larma or
m-hanged hir llrat claia dowiitarn Store dolnir good day
rade. AW*T f J. U. JONKH.tM Naeeauat . will* He.Ill
MOII BALK?A KIRST CLAM BAKKHY. ON TIIK
U ?aat aids, old aatabllahad and doing a Una buaiuaaa;
one leaae and low rant.
WhIIIKKHKP. A MILLS. No. I.2IM Broadway
FOR MALE-PINK HAKKKV. CONPEOTIONRRV AND
lea t.raaia Saloon; rood ataud ami boalnoaa all eaeh; lit
..II I W V. .an U Va? lar.aa A .ill rial (HAM h .
l.'jx 1H7 1 ta'ruld ollicc. ' j
F;KlK HVl.K?KlltuT CljArfM KUK.VITl'RK KlITAMLIRJI1
meat Bi?l. ..n i tin. opportunity :
to engage in flril cleee paring buaiuete; about ?l?.UW tub
r??uliod. A. H. U, lieralti Lptowu Urauch ullico. [
_ FOR K1I.P..
Foil SACK ?STOCK A Nil KIXTCIIKS OP Mljiron
Store luutkuni corner of 70th at. and dd a*.; aleo Store
to rent.
F'OK KALI?Pi KMT CLASS CORNER LToL'OB SToIlE
on 3d ?v. Apply to A. I. AN I'll EKE, No. 2'IU Karl
48tli at.
L'OK SALE?BASKKEPT STOCK op" MEKCIIAN
I iliac. aaaurted. for caal). Apply to 0. W. CHAD WICK.
HS Day at., up ataira.
FV>Stf ALK-PIKSTCLASS DlsTlLl.KKY STOKE : Al.M
a good corner Liquor Store. Apply to PETKK Mo
yl'ADK, 44 Murray at., alter HI' M.
FIiTk S A EE?KIX TI' K k H ANI> OOOD WILL Of
Jewelry Store, on account of going to California)
eatabllahed 12 years. UAH Myrtle it v.. Brooklyn.
TTtOti SALE CUKAP-ONE MATTHEW'S SODA WATER
1 Apparatus; uue four liorae power ateaiu Engine and
Boiler. Addreaa box 1.H74 PoatoBce. ,
I>oTTAI7E?VcKNirUBE AND UO7M7~WIU, OP A
I boarding bouse, well located and well tilled with boardera.
Imjuiro of K. M. MASON, HI I'ark row.
LI lit ST CI.ASS it KSTAl K AN T POK SALE, CHEAP.
r 7ft4 0th av.
LUX TURKS OP PROVISION STOKR 543 MYKTLB
i av., Brooklyn: large and medium iron bound llogabeada.
Card Press Kettle, Coder*, Cutting liettche*. Ac ,
Ac.; almoit new and of auporlor quality. Apply on pretnlie*.
TAl I II MAI I.- I.I, ... | L'li "ill II I.A'I llll IwlllTl I'lIU
r hit Uijuor Store; low rent. Apply at 2'>7 19th I*. No
agents.
IjlOl SALS?BOARDING HOUSE, CBMTKAL LoCAA/
tiuii, tilled with boarders; groat bargain.
(1AKKNKY A SMITH, Auctioneers, 17 Centre t.
IADIKb ANIt tiKNTLKMKVS KClVxISHINO STORK,
J mi tt good thoroughfare, cheap.
GAKKXEY A SMITH, Auctioneers, office 17 Centre at.
YriTKU Ho I sli AMI lll-.ST.W RANT FUR BALK <M
to le??o cheap. Inquire ?t 425 (Itli nv.
J[,-an WILL HI'Y I'llK KIXIT KKS AND tn/oil
Mpr^Vr'r will of u ICcetei.r%ut on ltd hv., doing a good
t rude, long leu*.' niul low rent; untnflet or v reasons tor selllog.
Address RESTAURANT, Herald office.
At 1CHINKKY.
For halk-two bacon* hoistin.; knoinem,
live horse power cacti, entirely new. with Steam Hoitei
to each of tcu horse power, made in the very host manner,
and complete. Apply to L. J. LYONS Si CO., Steam Boiler
Xlauulucturor*. lUo Commerce si., Newark, N.J.
TpOlt SALE OK EXCHANGE FOR A LARUEK ONE-A
I 1- horse steam Engine, with lloiler; also u Krlcson Hut
Air Engine. largest si/e ; called eight home; both perfect
Apply to JOHN IIAITK, ltd Crahaui av,, Brnokly n. I'.. D.
STEAM KNi.INKS FOR SALE.- 1 OFFER HIE I'OL
lowing very superior Todd X Rafl'erty Engines for sale
ul greatly reduced prices, It disposed of before the 1st of .Ma]
to ?av removal, vis
One IHxHtl, one 14x18 (saw mill), one 111x24. one 11x24,
one lUa'J4. otto 9x20, one 7x10. ono fix 10 on lege, one 8x12,
portable one 8*10, double hoisting; all first class and on
tirely new. Also various sixes and kinds of Boilers. 1 will
also furnish speclllnutlons and estimates tor all kinds of rops
and bagging machinery. Address ^ TODD
10-Barclay it., New York, or I'atersou. N. J.
TKTANTKD?A SMALL SECOND HAND H0I8TINC
VV Knot,... M A SL TIIKKLAND. 87 Dev St.
IITANTEU ro PURCHA8K -A SECOND HAND BOOK
m hinder'* Stamping I'ffiM, In good condition. Add re si
L. K., Herald offlce.
lim sks, eoobis, cv< wanted.
In till* City unci Ilrooklyn.
A RESPONSIBLE GENTLEMAN AND WIFE with
out children, lir;t cUm- and experienced housekeeper?
having furniture, carpet*, pinto, Ac., KUlllcient for n throi
btorv lioiiMo, desire t<? rout u three or tour story house, cou
t rally and uuexeeptlonably located, the owner of which
would be willing to take the rent or part thereof tu board
Hlho giving privilege ot other lodger*; a permanent Hrr?u|e>
mentis desired assuring a home and its comforts; refer*
on ces if I von and required. Address, for three da>a, box
Pod ofllet.
PLEASANT HOME FOR A GENTLEMAN 6V
quiet habits, in French upartuionts, occupied by an
American gentleman and wife; no children; Itoom fronting
Broadway; references given and required. Adores* II. II.,
Herald Uptown Branch ofhee.
A MA Kit 1Kb URN I'LK.M IN WILL rosin AT till
or country Hoarding House lor owner on percentage,
witli view to partnership or lease; references. DELMAit,
Herald office.
SMALL QKOCERY, STATIONERY OR Ft RNISH*
lug Store wanted. Address .Mrs. WlLLlX, Herald Uptown
liraneh office.
A n OLD FASHIONED FAMILY WANT A BOCSM. 2i
vicinity of Washington square, of twelve or more rooms.
No agents Address D.. box 11 1 lluruld Uptown Branch
office.
All o\vnki:s ii avini; iiorsKs roit sale oe to
let will benefit tlie 111 selves bv sending particulars tc
HULBKRT PKt/K. West H4th st.
Y A GENTLEMAN AND WIFE. FOR HOUREKKBFing,
one large Itoom, purtfally furnished (carpet, bedstead.
bureau and washstandi. at a very l??vv rate. Address,
with full purtieulnrH, CLINTON, Herald Uptown Branch
olllco.
IilVRNiSUKD ROOMS W\NIK1) IN PRIVATE HoI'mE,
liean^i ad son square : Parlor, two Bedroom* and bath
room: price not to excoed $50 per month. Address L. G.%
box finite Pont ottu o _____
Holsk OK LAKGK~FLAT \V \.M'KI?-\vmi ALL
modort* improvement*; in good locution In this city,
.it annual rent of $iMI0 to fl,(IUO. Address RESPONSIBLE,
box 4,&3H Post office. _
WNKKS HAVING HOUSES TO LET WILL. GUARD
their intorest hv sending lis lull particulars. MOKKIS
11. BAKU .V CO., 11 West ..4th *t.
TTN FURNISH ED HOUHK WANTED?BY A SMALL
J American family; three story, stoop, in good
order, all Improvements, centrally located; rent from fUUO
to $l,'JUO. Address GOOD l-AKK, Herald Uptown Branch
Olllce.
ANTED?BY A QUIIT FAMILY OF TUBSB
adults, a small house, part of a house or a French
flat, in a respectable neighborhood and near Oth av and
'fist st.; rent must he low. Address K. F. 8., llcrald Uptowu
Branch oftice.
VIfANTED TO LKASK?A HOTEL, Ff uNIVITLD, WITH
?Y from KD to 5(1 rooms, within 5o miles of New York;
mi st do a yearly business. Addiess GEORGE LOCK WOOD,
Herald office.
Ur AN Till) ? A Til UK K STOllY 111 (; 11 SfOOP Fill*,
nished Boarding House, wltero owner will take hoard
lu payment lor rent. Address .M. II., 48 West 12th ?t.
"IlTANTKl) ?FCKNl.sllhO ilO USkTWHKUK PART Ol
f? rout will ho taken in hoard, with privilege of othoi
boarders. Address, with particulars, L. M., Herald Brook
lyn Branch oltico.
TIT ANTED?APRIL I. IN NIMH Wa KD, ON LINK ol
It lllcecker street cars, by a responsible party, a Heconi
F'loor of thr e or four rooms; tont not to exceed $25 pet
month. Address UNION, Herald oltlsj.
11 rANTED?A 1 11 UKK Oil FOl*1iTi'(jit^lTlGlI 8TOOP
I unfurnished brown stone ??r brick House, between
Lexington and Till avs. and 20th and fiDthst*., first class
neighborhood, lor a private family: rent about $1,500, payable
quarterly in advance If required. Addr as K. C. A.,
room K Kqultahle Building.
11'AM K11 TO It i: N T? M 111) 11 M SI / HI 1 HOI 8K7 HK11
tuoori loth and 34tli sis., 4th nud 8tl? avs.; possession
now or May 1. S. 1>. MACK, 85 Union square.
iy AMI I) -BY A GENTLEMAN WD FAMILY, AT
11 lca>>l lour linuina. oil M?i or arronu floor, uiinvr lurnithcd
or unfiiiuishcd. from May 1 ; private table preferred;
ituntlou not above -4?" 1 at.; locution anil accommodation
iiiuat be unexceptionable. Addrvaa, with lull particular*,
box 3,42* Poet office.
\If AN TKl>?KBOM MAY 1, A Kl'LLY (lit I'ARTIAI.LY
M tumlabed Flat of not lew than live room*. In a <! aira'ile
location. Addreea, with partlculara, box .~i,U44 I'utl
office.
\\fANTKO TO KKNT-II.VI,l'~r IIOl.tK (I.OWfcK
M part>. tiiilurnlabuil. in a rclpectalile neighborhood. between
-.oh ami tilt at*, ami 4th ami 7tti avx. or would Ilka
to communicate with a party for the purpot* ol taking
Iiouae together; rent from ? **> to (1,14)4 per annum. Addrcaa
II., box 1:13 Herald I'ptuwii llrancli office.
AI'ANTKI) IT mm K.-I'Wo Olt TMKKK ItnuKSni
It parlor ffoor. between 14th and 4<>th ?ta., Lexington and
ffth a VI ; location muil be uuexreptiouabla. Addrvaa SV fcA,
lleralil Uptown Hratich office
UrANTKII-rilK I.oWKIl I'AKT OK A llufsk a"n5
Kooaia on the upper floor, 7 In all; '2'Ui to -Kith at.,
Htli and l.e x I it;' tun uva. Addraaa, witb fall particular*,
IIKNtUK, 1.2*3 Mroadway.
\irANTIil> TWO LOKTs, WITH lit IIOIWK poWKR
It Steam Aeconiinodullotl. Addrvaa box .' ,447 I'lUt
office. Mew York.
VlfA.N TKD-KOK A SMALL FAMILY, HALF OK A
11 private Iiouae. unfurnl-died; lower part prolerred;
Address. giving ftlll particulars, J. J. I'., 1*4 Hrootne st.
\\TA.NTKH ?It Y A DMALL FAMILY OK ADULTS, A
VY Klrst Klo.tr nod Basement, wllli luxli Ac ; must be In
host locality ori tlio ?ft tide, south of .'Kith ?t. Address.
,wlth particulars. K. P. It , bit* Tin Herald office
UrANTKI?-6y 'TWO 'nMALL KAMILlrS, IN 1
private house, the Second and Third Kloore or a small
ll.iiiso, from 25lh St. upward. on the west side; moderate
rent. Addres K. L. Herald office.
In Hie Country.
\If AKTED? PROM JUNK I, FIRST CLASS ACCOM MO.
yy datlont in the country tor a gentleman. wife, two
eliildren and two nurses; location must he within three
liotirs of New York, healthful beyond ouestloe, surroundings
ehecriul ami nttraelive. Addrvas, with lull particulars, bos
3.4tw I'oat office.
Urantko To rknt?at passaic, VyiTiiin tub
uiiiutes walk of station, a |deasantly situated dwet
liny House ; glvo particulars of rent and location. PASS AlU
Herald office.
CUROPB.
AMKHIUAM AOKMCY IN LONiHON WILL PI Sll
sales ol any reallv wood artlcla; Hrst elasa references.
Addredk KUItOPK. bos 5".ti:. Post office
WANTBO to Ft HCMAlik
A"i?Y PAUTT HAVINtl A LOT OK BIDR WALLIHOU
I'aees cau find a purchaser by addressing C U. II.
Ilerald office _ #
VV* IN IT, l' SMJILL SKI O.YU HAND SAPK; MLHT HI
yy cheap tor cash. Address, Tor one week, W. (I. C.,
Herald Uptown Branch office. __________
*1> wwttott fs/x l? IT (lis II i <\t a < VI All Ilk si I* IP I Si r.
v\ in* Olflcc. In K'??d "rder. AiMrtW FRANKLIN, boj
? New York I'oet ollce.
B1L.L.IAKUS.
American staxuakk bkVVl billiard tablks,
with Deinney'e wire cuabloiia, eotely Med in nil t liaionion-liln
anil nietcli name*; tocoml l>nn<i Tablet at great
bargain*. W. II I KI K K1 fit A CO.. 4?< Voter el
~HMALb HILI.iAlVii TAHlaK WANTKD-IMH A
mi'iliorii tlia ?aA? or rath. Addrett, giving (lie, price
ml ell particular!, r . A. II., Herald oldie.
i WAUNi I IKXtf illUAMO I A ill.K. HL'I Littlb
i\ inert. for tale low. Can be teen at I'llKLAVe Ware
rutflit, M Katl I li.'i it.
C"Toij.rndkR'?" htTxdakd am knife an hkvkI
J Billiard Tablet, with tlie celebrated Bhutan A Collendei
runibinatlon ciitlnuui, Tor tale in ttiil city only at ?3M Broad
|ia(ih salk?a ill hv ~0<> lt.ksl>KR RRVKl7 iit?
A Hard Table, nearly new, IKtiiree oomplete. Can be
teen at W. A. KAY'S, Jrt Wett tflMU tt.
Siaxoauk I'Kkmicm milliard ~t\hlkh, >mt
ml teonml baud. III groat variety. Turn.then witli tint
celebrated ruffle I edged eualiloaa. L DM. a i.It k CO.,
wareriMitnt corner Canal ami Centre ?te.
4NKW BILLIARD TAMLKS. KIKsT i i.A-S. AX Mb
4)tlVi (Mi, and one ircneil uand, |IU, clamp for oatA,
I i'laur Wareruotae, Alb Kaet aJd ?t.