The New York herald. [volume], May 09, 1876, Page 5, Image 5

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The New York Elevated Railway
Injunction.
Justice Daly's Opinion Reviewed by the
General Term.
THE EFFORTS TO SAVE ROBRNSTEIH.
Tb* ault brought U? the Courl or Common Pleas hy
John Patten, owner and proprietor or tho Pacific Hotel,
In Oreenwioh street. against tho Hew York Elevated
Railroad Company to prevent the construction of a
turnout in front or bis hotel, In the pro*re*a or its
hurried but acrlmonlou. litigation has reached tho
General Term. How a riot seemed imminent ou ac
count .1 tb. pendent pro.ocul.on by tbe railroad com
pany or its work in digging the loundalon lor IU pillars
in front ot the hotel and interfering with Mr. "
fault; how a temporary Injunction was grunted by
Judge Van Brunt against the railroad company, re
?training It from continuing lU obnoxious work , how
Cbier Justice Daly has made this injunction perma
nent: how an appeal was taken from Judge Italy s
decision-all these Tacts have been given In the Hkhald.
It was on the appeal referred to thai tbe caae came up
for argument yesterday before tho General Term,
Judges Robinson and Van Brunt being on the beach
General Roger A. Pryor appeared for Mr. Patten and
?i-Jadge Kmraoi for tho railroad company, Ex Judge
Emmol, who opened the argument. Insisted that the
ini? of the ulalutlffdoes not extend to tho middle ot
the street, or inoludo tuo land within tho linn's of ilia
itreev that tbe plaintiff's deed plainly exrludes tbo
mJmL'and that, whatever may have been tho title or
trui ulalntltTs aranlora, tbe plaintiff's boundary, as
Sven bThl. See"o? the west side or the Htreet und not
fho street iweir, or its m.dllo thread or Hue.
l(a next took up tho question ol tho "
of tho doleu?ianta to thelf franchises. y
an act passed April *1, 1867, this company was author
ixed to build aud operate an elevated railroad withi a
motor sinoo disused, for a certain distance, as an ex
kerlment. Commissioners were provided by the act,
vbo were, among other things, to examlno this experi
mental structure, and if tbey thought proper to cer
Ulv toito success! Upon obtaining ibis certiticaie this
company waa authorised to build this kind of u road
r&nwlch street and N.ntli avenuo to Harlem
River. Tho oxperimoutal section was accordingly
built snd the commissioners certified inftivor of It
July 'J, 1MT. Thereupon ihe coniimuy cotitmuod the
const ruction or the road to Tweniy-nlnth street Tills
is the on'sent siructuro, only tho plan ol motive power
having been ehsnged. In a 'manner horealter shown
from stationary to locomotive power. In 1868 an act
. uaSt,uj with rolorcnee to this company. The only
wrt r"hl? act to which ho deemed it necessary
to refer was a Clauso authorising tbe cbaugo ol tbo
namo or company from Weat Side and Yonkcra
Kin I wav Company lo West Side Elevated Railway Com
pany In July, 1S6H, tbo West Side and ^ onKers Rall
wuv Cotup.itiv llled a certlOCiite, authorized by its
slock holuors "and oflicers, changing its name to tho
West Side Elevated (Patented) Railway Company til
New York City, and ever afterward did business
this name. Immediately thereafter, on
ol August, 1S68, uuder tlio name ot tbo West
Hide Elevated Railway Company ot New \ ork,
it executed a mortgage ol its road, property aud
franchises to trustee# to secure bonds which it issued.
This mortgage wus alierward foreclosed at the request
ol tho bondholders by a suit tu the Superior Court or
this city. Jadgraont ol foreclosure and salo *?? ob
lamed September 7,1871, aud on tho 5th ol October,
1871 ibe proporty, road, rolling slock and franchises of
thecouiDunywcre sold'under this Judgment to Jamea
A Cowing- On tho ?th or May. 1871 that company
acting under the namo of the West Side fclevatcd Rart
way Company, mado a second mortgage of its?
nroDvrtv and franchises to James A. Cowing. On tho
&7lh ot October, 1871, the Now York Elevated Railway
Company ihe present defendants, wero duiy organized
under the General Kailroad law. Tho second mortgago
to Cowing was foreclosed by a suit Iu this court, tlio
road, property and franchise. ol the former company
were sold uuder ibat Judgment on the 6th ot December,
WL purchased by the present dofondanUi and
eonvevod to tbetn by tho reieroe by deed dated
December 7 1871. On the 3d of January, 18?2,
!Sg ihe purchaser at tbo salo upon,
?be foreclosure or tho flrst mortgage conveyed
to the defendants all the road, property and franchises
?? nurcba^cd bv him. Tnis, it was claimed, mages a
oerfecl deduction and chain or title to the franchises,
rights aud property originally of thei WestSlde and You
Kievuied Railroad Company. The mortgage by lhat
wrnpany wm valid. He Insisted, former that by virtue
or Ihe title to these franchises tlio doleodants were act
inic legally 'n constructing the turnout In question. ^ He
no\i tooic up the question as to the coastllutlonal!ly ol
the acts under which tho franchises were held, and
urged in conclusion that tho or*j' Bontinuing the ln
lunction was erroneous ami should bo reversed, lit reply
General Pryor made an equally lengthy , JJJ
.,_kmi%Ji iht?i Mr I'liiten wns ov*n?r in loc ol in? ianu
in tlio Htrcol and as sucb wa.s vniilled to the injunction;
that h^owni the soil o. ihe street usque ad medium
Ilium vne subject only to the easement or a public way :
fhsUhe use o. a street for a railroad is an -MUtou!
burden beyoud the public easemeul, whit h cannot l>e
tmnosed by any power without compensation lo t ho
owner ol the fee; that actual payment or statutory
vroviston lor compensation was it condition precedent
U, appellant's right to take or culer upon respondent a
tmi in ih? uLrM>t/ that respondent d property Iu ihe
soil ol the street involves the right to construct vaults
uuder the street, that they have neeii i In
the actual postension and occupancy of |>ia.ntiff.
nuder claim or (?wnership, lor more lhan twenty
Sears and In tho adverse, exclusive and continuous
Du?*esston or himself and grantors lor more than sixty
vlhif that this coustliutos conclusive evidence or re
anond'ent's right to maintain ibo vaults, and thai from
Su conceded stale or tacts that tho soil in the street
respondent's property, has l?een Invaded and subtcrtml
and his vaults brokeu. penetrated and occupied by ap
peflant in the coDStructiou ot a periuaneni railway to
F Kini? nnd nnertitod over r?'flpondeni'8 land, and all
wit boil i conieutor compeuHiition, it results tD.t h.
or??s? nls a clear case lor Injunctive relict. He insists,
further Uial the constructing and operating a ra,lr^
In a street without competent authority was a public
bumo? Yh"t onlv iho l-eaislature can aiithorlxe tho
construction or a railroad in the ftreet. Ho next con
tii? act of 1807, which, he claimed, was
sider?M authorise the construction or the
turnout! Ho Insisted lhat this act Is unconstitutional
that, being a private and local bill, ll embrace, sev
eralsubjects one of which, the construction of a per
uv nent railroad, Including this turnout. Is not ex
in its title; mat if valid the ael purports only
To authorize a construction to l>e completed within tlvo
v e""? ?r.,mthet!Jdot April, 18?7, and d.s s not pretend
to authorize the structure here threatened, a
lor the use of railway carriages propeiled by sieam,
that the act of 18?8 is Ineffectual lo authorize tbo con
.truction m controversy; that It is unconstitutional in
that? being a prima and local bill, either
two subjects, both ot which are expressed In the t ie,
and so ibo wbolo act is void (?foniey on Const. J.iin,
liii nr else embracing several subjects, its title con
VSi no ittlitamtionortbe authortty in question to con
?ir'uci a railway alter the lapse ol the orlglnallimUv
?, n * ibai ll valid the act purports only to authorlxe
tbe construction of a railway be,ore the 23d ol ?'ctoi,or,
1K73 and gives no auihority to erect this turnout iu
IH7tt- tbat the act or 1875 la equally nngatory for appol^
bull's purpose, being palpably repugnanltoscciiousl.
ITnd 18 article 3 of ibo constitution of the Slate, and
that being a public nuisance, and prouueute or a par
ticular and peculiar injury to respondent, ho has a
riplit to interdict construction ol the turnout.
AtMbi close of ibe argument the Courl took tha
papers, reserving its decision.
SUICIDE VITIATING A LIFE POLICY.
There was an Interesting argument yesterday in the
Superior Court, General Term, before Judex Pedgwlek
and Spelr, upon the question an to whether sulctdo
vitiates a lile policy. The argument wag in tbo cult
brought by Harvey \Ve?Hl agatust the Mutual lleuclil
Ulb Tasnranoo Company to recover $10, (XX) insurance
on the llleol Jamea M. llenedicL Thu policy of liikur
ante wm taken out in November, 1M>I, with a clause
lu the policy thai the Mine should bo void in '-tsc tlie
Insurer committed suicide. Three years later Mr.
Benedict xbot himself in the head. At tbo close of the
argument the Court took the papers*
IGNORING THE GENERAL TERM.
An irropretaible amile crept over the fort s of ti;e
Indies ol lb* Supreme Court, General Term, yesterday,
with a laugh generally nmong tbo lawyers present at
the extraordinary position In which a single Joilge sought
to place counsel, aa well as the General Term, oy an
order granted la the case of John A. Gray against Sam
ael W. Green and Henry A Burr. This cuut-e having
been called by Judge Davis, Mr. K. A Dtcltersoa lor
the appellant. Green, unswornl to the caux>.' aad stated
that since tbo (ieueral Term iiad, on Friday la??,
lenieu tbe application of Mr. John k. Itui rill, who r?p
resents tiray, for a rehearing of a lormer motion in that
MM", -Hid relating to .ielay the appeal from lurther
bearing, be had been served by what purported to be an
order made by Judge Uonoiiu>>, wfiicn order thai all
proceeding;" oa the part >>f Green be stayed
until Mr iturrt.i's appeal to tbc Court of Appcala from
a former order of ibe General Term be ihwMad. Mr.
Pickeraon explained that immediately up<-n being
served with thai order on Saturday last be returned
aotico to Mr HumII that he would move at (Jeneral
Jerm to vacau* the order of Judge Donobue. "Ob
viously," ailded eouasei, "the order ol thn General
Terra appealed Irom by Mr. llurrlll is not an appealable
order; bat Uie question now to be deemed is? Doe* tins
order of Judge Donobue. dated faturday last, wben
Judge Donobue W*s not then titling ,n special Term or
Chambers, and which upon ita i?< e nowhere appears to
aeaaanlerma ie regularly la t ouU. stay this Court,
Ml appellate tribunal, from proceeding In a cause
? nereta further delay in ttiia appeal hail >>e?n already
refused ? la otber words, umler these circumstance*
iMr. Dickeisou having recited the proceedings) .-an
ludge Daaohoe. an a judge out ol eonri. control the
bastaeaa prescribed to <-e <ioae in ihn (J<-n-rr?l Term ?"
AI.er a statement bv hr C lark son N. I'otter, wb?
Mi near i 1 lor Mr. Borrl!, who was .thseni, Hi i.in-ril
tin MMVerad the above interrogatories aegaiiveiy,
ikIiInIM to ricata Judge Donohne'a order, tklcb
VII done.
THE CASE OP RUBENSTE1N.
Before Ibe Supreme Court, Genera) Term, of the v.
ond Department, Judgea Burnard, Gilbert and Dyck
man on tho bench, a motion wan Diode yesterday to
Btrike from tbe oalandar the caaa of Pesacti N. Rubeu
?tetn, convicted ot tbe warder of Bar* Alexander, and
whose execution under such conviction wan prevented
by the stay ol proceedings and writ of error granted
by Judge Hrcdy, of ibis department District Attorney
Brittoa and Assistant District Attorney Stiell repre
sented the people, and Messrs. John O. llntt, Wtu. A
Reach and Win. F. Kintzing tbe prisoner The motion
waa denied and the cause sat down for argument on
Friday next. Should tbe General Term aflirm tbe con
viction and refrae a new trial Kubenstein will again
be brought before tbe Court lor resentence and suffer
th>- extreme penalty of tbe law, unless an additional
writ of error ta obtained taking tbe caaa to tba Court
ot Appeals.
BLACK FRIDAY SUITS.
Jules R. Gimbernat, a broker, baa brought suit
against Jay Qould to recover fH9,000 lor commission on
a snl<* of 9MS, 000 worth of gold on Rlaok Friday. The
defendant, as tho plaintiff alleges, refused to abldo by
the coutract, whereupon tbe suit was instituted. A
demurrer was interposed to the complaint on tbo
ground that the plaluiiflTdid not state sufficient facts to
constitute a cau?e of action, inasmuch a? tho dutniges
were not properly set fbrib. Tbu domurrer waa ar
gued before Chiel Justice Monell, In the Su|w?rior Court,
Special Torm, yesterday, and decision was reserved.
SUMMARY OP LAW CASES.
William 8. Keiley, the Special Term Clerk of tho
Court ol Common rieas, baa written a work on the law
and practice of Insolvent assignments In tho State of
New York, with forms, which must provo ol great ben
etit to tho legal fraternity. Tnu Court of Common t'leaa
being tbo County Court In the county or New York hits
jurisdiction over theae proceedings; and on account of
bis oRici?l position M is to lie presumed Hint tbo prac
tice as laid down by Mr. Ketley meets with the appro
bation of tbe judges of that Court. Tbe forms aro very
fall and complete, and will be found very uselul. -
?iiglamund Nettell. who. with bis lather, Theobold
Netted, whs arrested some time ago. accused of having
commit tad a lorgory In Austria, was under examtnn
tion before Judge Hlatclilord yesterday, on a writ of
habeas corpus. Thero was also a motion for the dis
charge of the prisoner* on the grouud that thero was
not sufficient evidence to hold them. Judge Rlatchlord
dismissed the writ, and said tbatthe question an to evi
deuco could not be decided until after tbe examination
was concluded.
DECISIONS.
SUPREME COUBT CHAMBERS.
By Judgn Lawrence.
The People, Ac., vs. The liiueoker street and Fulton
Irerry Hall road Company and touthwortb, Sc.?I wilt
gram an order to show cause.
Million vs. BurclielL?In this caae 1 denim the coun
sel lor Ilk" respective parties to Hie briels |>olnltng out
tbo precjso questions which they wish the Court to
pua<) updA.
Bernhetnier va. Willis.? In this caae I ceo no reason
for granting the application lor a reargumont. Tho
defendant demands afllrmailvo relief, an I understand
his answer. He asks thai the alleged doed he declared
a mortgage, and that the plalntiir ho compelled 10 re
cover the property to hiui upon payment of tho sum
which may he found duo to them.
Taylor vs. Maine el al?Counsel have omitted to pre
sent their notice ol motion to tho Court. The motion
cannot be decided until 1 have the notico Imfore me.
Stewart vn I.appln.?Motion to vacato order of arrest
gran toil, with fin costs.
The Murray Kill Bank vs. Flaodrow Motion
granted and muse placed on Special Circuit calendar
lor May 2d, 1876.
Cranksbiw vs. Lnngley.?The supplementary affidavit
is not verltlod.
In the matter of Hatch.?The motion or poremptory
writ of mandamus is grunied. The atDdavlts worn to
show a technical doinund nnd refusal. No costs.
Murray vs. Armstrong.?As these aro on the day
calendar ofSpccial Term I do not think I ought to in
tcrfere/ Leave is given to move before the Justice
holding the Special Term, and the motions before me
are denied, without costa
Hoe vs. Buckmusier ?t al.?I cannot strike this nn
swer out as sham. Moylund vs. Tyrel, 4A N. Y. 281 ?
Thompson vs. Erie Railway Company, 4ft N Y 4fls'
Youngs v?. Kent, 46 N. Y., 672. Motion denied,''wllb
out costs.
Vuth vs. Vath.?Reference ordered to Moves Kly to
ascertain and report whether counsel feo and ulltuony
should be granted and tho amount tberoof.
Wyckoll vs. Itardon.? Let an order ho entered di
recting the plaintiff to lllo security for costs in tho sum
of #1.IKK).
Korniss vs. Kcrniss.?This is un action for limited
divorce, and, as 1 regard It as extremely doubtful
whether the pluiutitf can succeed, I must deny this mo
tion, without costs. Jones vs. Jones, ?> u,rb. Ch. K '
140 ; Htevens vs. Mevens; Coddlngton vs. Cocdington' I
It) Altbt., 4ftO; Morrell vs. Morruil, 2 Barb., 4.S0, ' |
Bnnta vs. Kont.?The defendant's conusel Is re
quested to send in bis points in these cases. I
McLean vs. Worman ? Why is this application made
to tne Court ? The action Is for tho recovery of money !
ouly. (Seo Code, sec. 240.) ' I
iluhoney vs. Gieb et al.?Tho nllldavit served with i
tho notice ot moiion being eon trad iclc.l In respect to 1
the alleged value of the mortgaged premises, I do not
think Unit I ouirhi to appoint a receiver. Tno motion
Is therefore domed, with leavo to renew on further 1
affidavit*.
In the mutter of Ltngard vs. the Receiver of IheThird i
Avenue Suvings Dank.?I slnll confirm the referee's re
port. bat will not Impose costs upon the receiver who I
seems to hnve ncied In good faith. Tbo petitioner I
should be paid amount ol rnlereo's report.
Bishop vs Davis.?The affidavits upon which tho '
order of arrest was grunted appear to me to discloso a
casn of fraud for whir.n tnc deiendaut whs li;.hle to bo
arrested. Tho learned Justice who made ihc order
passed upon tbo quostlon which was within his dis
cretion. and I think correctly. Bennett vs. Jordan j
I 21 N. Y., 3a?. As Una motion is based solely on the i
| affidavits on which tho or.ltr of arrest was granted the
allegations In these affidavits aro to bo taken as true. '
| The moiion must therefore bn domed, with leave to 1
the defendant to roncw upou further affidavits. No i
costs of motion.
Baructt vs. Benjamin.?Tho motion Is denied on the '
ground that nn order ot arrest in an acliou on oontract '
may bo grunted upon facts entirely Independent ol I
those necessary to he staled in complaint. Seo Wail's ,
Codo, p. 179. anil rase* cited. And also on the ground 1
that the allegations or Irtiud In the complaint were ne
cessary lo show thai the plaintiff was entitled to bring ;
the action before the icrtn ol credit originally screed I
upon had expired. \
In tho matter of Barton, &&?In consequence of tho i
fact thut one or tho petitioners is related tome, without i
the degree which prohibits ajudgo from acting, I must
doclmo to pass upon tnis potitlon. 2R.8., p. 27a- 2 i
Bark ch. 831; lligbe vs. Secor, and 1 Delno., lStt
Present this to nnolher judge. >
Harriott vs. KiuerMMi et ai Conceding the law lo I* j
as claimed by the counsel ror the deleudaul it Booms '
to me that the defendant's remedy is not by an unpli- >
cation at Chambers 10 dismiss the complaint. The mo
tion should liu made wheu the case is moved lor trial al
the Special Term, or if the nnswor dix?n not sufficiently
present the iscta the defendants should move at Cham.
Iters lor leavo to amend Ibu answer.?Motion dcuicd
without costs. ' I
Elmendorf vs. Tue Globe Fire Insurance Company
Wheeler vs. The National Bank of Commerce; Kuohler 1
vs. Wheehn.?Orders granted.
By Judge BarretL
Hart vs. 1'ettlt?II the receiver still declines Mr. |
Hurt's offer of $200, as to tho sufficiency ol which I ox- I
press no opinion on these papers, there must, in view '
j ol the charge* contained in the opposing affidavit, be a
I relorenco lo take proof as to all the fact# and to report
. with his opinion. It will be referred to Philo T '
Buggies, Ksq., or an) other gentleman ef equal stand- '
lug who may be agrcid upon by the parties.
Moran vs. Walking.?I'ho plaintiff wus to submit
some authorities upon ibis motion, which he bus tailed
lo do. I assume, therefore, that he has been unable to
discover any, and that tbo decision denying the motion
which *us made upou the argutrent, hut delayed to
enable the plaintiff lo look up such authorities, ought
now io bo promulgated.
Coleman aud another vs. llart? Motion to vacate
order of arrest denied, with $10 costs.
In iho matter oi Kly, Jeaup, Adlvr, Wilklns, Morgan
Branch, Hope, Moore, lister snd Shaw, to vacato !
assess men t?I have no recollection oi these casos and
would like an explanation before signing tbe orders.
The Philadelphia and Reading Cos! and Inn Com- I
pauy vs. Butler.?The action is really a creditor's bill. 1
The relief asked :s to set aside ccrtain mortgages uud
to have the plaintiffs' judgment decreed to ha a valid I
lieu upon the realty, This is not lor tho recovery of
i tbe realty of an estate or interest therein. The plain
| till, If he succeeds, will recover judgment on real !
j properiv, not any interest on costs therein. Itofend
| ant will recover tbe right to have the real estate sold !
| lo some one, who l>y such sale will acquire an interest.
I All tho plaintltr can acquire is tho satisfaction of us
i Judgment out of the process. The other points go to
tbo jurisdiction ol tbe Court and should tw presented
I b.v demurrer or answer. The motion to change the
! place ol trial must be denied, with t10 cost*.
?ITRJCME COURT?SPECIAL TERM.
By Judge Urremore.
Pels fold vs. fltnith et sL?Judgment lor plaintiff as
prayed lor In the complaint.
SUPREME COUBT?CIRCUIT?PART 2.
_ Hy Judge Donohue.
"orris vs. De Wofl,?Case settled.
SUPERIOR COURT?SPECIAL TERM.
By Judge MonelL
Gould vs. Moore.?Motion to vacate order denied. I
See opinion. 1
T) ng vs. Marsh et sL?Order denying motion for re
settlement.
FoUom V?. Herring.?Ordored ou short cause eaten
dar
Donaldson vs. Aldrtch.?Order vacating summons
and order lor examination of defendant before trial
Mallard et al. vs. Gross et al.; Phillips vs. Gross et
sL?Ordered on short calendar.
Smith vs. Crow et al.?Order confirming referee's re
port of sale.
I ho National Park Bank ?( New York vs. Gunst _
Order settled snd Illed.
COMMON PLEAS?EOUITT TERM.
ny Judge Van Brunt.
Brscnder vs. Poerscbkc.?Decree signed
Rumen* vs. Warner. ?Findings settled.
FIJrTY-SEVENTH STREET COUBT. '
Before Jndge Kasmlr*.
CHAROB* AGAINST THE POLICE.
Offlcor Hess, of Ute Eigh teenth precinct, snaigMC ]
Henry A. Tonor. owner of a lager lw?r saloon, at No.
?23 avouue A, on m cbargo ol disorderly condnet, sod
his w iff Lena on ? charge of vlclating the Sunday Kx
cisc Uw. tie testified tliat ho saw Mrs. Toner in tbe
?oi of drawing something from a keg and thai there
were glioses with beer In ibein on a table, at which sal
two men. The latter and Toner awore that thore waa
| not a drop of boor on tap In the place when the arrests
were made. Toner alao swore that tbo arr<*st of nliu
| self and wife was the result ol spite on the part of Cap
tain Garland and bis officer* on account of a letter
: which he had written to the captain aome tune
ago, in which he threatened to seek relief at the banda
of the Police Commissioners, It the crowd nf loafers
who wero In the habit of congregating at his corner
were not compelled to keep away. He hail alao refaMxl
to give tbe police either cigars or liquor without money;
and this and that put together ho believed to be tho
cause ef bis arrest anil thai of his wife.
Tbe Court thought it to bo bis duty to Investigate tbe
charges hero made; and lor this purpose, as well as) to
give the officer an opportunity to make good his case,
the examination wax set down lor to-day. The Court
felt iniereaied to know bow muuy other places beside
Toner's wore open in the Kiuhteentb precinct on fun
dav Officer Hess could not tell him; hut a prisoner,
whom he had lor intoxication, mentioned two liquor
stores, at least, which wero open all day.
COURT CALENDARS?'THIS DAT.
Suphrmr Court?('iiamncus?Held by Judge Law
rence.? Nos. 38, 48. 68, 70, 83, 103. 100, 114. 11?, 133,
126, 137, 'ill, -14, Ml, MS, M, 27ft. 281. :Wi, 313.
supkKM* Court?Grskral Turk?Held by Judges
Diivis, Hrady and Daunts.? No*. 84, 139, 140, 142. 50,
T?, SO 90, 143, 143 S, 144, 14?, 147, 134, 138, 148, 140,
160, 162, 162',.
Hupkrmr Court?Special Trrm?Held by Judge
Larremore.?Demurrer.!?Noj. 4, 6, 0, 13. law and
isot?No*. 93, 309, 97, 90, 428, 303, 40(1. 06, 112, 311, 40,
818. 360, 334, 322. 328, 320, 200, Ml, 302.
Muprrmc Court?circuit?fart 1?Held by Judge
Donohue.?No<. 2071, 1646, 847, 1160, 1426%, 1721,
1.111, 16SS, 16S7, 1 .*>90, 138, 102?, 1(186, 1040, 2910,
2868, 1717, 1710, 1730, 1741, 1473. 2MH, 2331. 2332,
2.133, 2334, 2336,1616, 2770, 1760, 1705, 1707, 357, 1336,
1300, 16N3, 1693. 1377. 1637, 170.1. 1817, 1771, 1776,
I 1771), 1781. 1783, 1780. 1701, 1793, 1177. l'ltrt 2?
Held by Judgo Barrett? Case on.?No. 2338. No day
calendar. Part !l? Adjourned until Monduy, May 16,
1870.
Supkrior CotTRT?tiK^CBAL, Trrm.?Adjourned sine
die.
Supkrior Court?Sprciai. Trrm?Held by Chiet Jus
tice Mouell.?Demurrer?No. 8. Issues of I'sot?Nos.
14. 30, 6, 29.
Supbrioh Court?Trial Trhm?Part 1?Held bv Jndgo
Curtis.?Nob. 1070. 1017, 1018, 1070, 1982, 716, 1062,
2120, 1087, 407, 1009, 1071. 737, 1079, 1080. Purt 2
Hold bv Jtu'ge Sanlord.?No*. 067. 968,297 . 897, 1876,
1037, 13M, 722. 608, 741, 850, 919, 1034, 838, 720.
Common Pi.kas?Gknrkal Trism?Held bv Judges
Palv, Robinson und Van Uruui?Nos. 3, 10, 14, 17,
6U 66a, 68, 01, 109.
Common Plrak?Kgrrrr Trrm?Held by Judgo J. F.
Daly.?Nos. 1, 2, 13. 3.
Common Pi.iam?Trial Trrm?Part 1?Held by Judgo
Van Hoesen.? Nos. 1999, 176%, 960),', 2079, 1097, 1 .'>50,
1718, 956, 690. 2447, 1104, 1900, 1021, 2103, 1080, 1211,
309, toil?. 1097, 177, 1104. 1369, 1871. 2078, 1074, 2110,
2111,2112. Part 2.?Adjourned uutll Monday, Hay 16,
1876.
Marisr Court?Trial Trhm? Part 1?Held by Judgo
Slierldan.? Nos. 535, 440, 4001. 4050 3878, 3094, 3312,
3030, 306, 1014, 4187, 4180, 41-.H). 4191, 4192. Part 2?
Held by Judge Goepp.? Nor. 5211,4048,3187, 4104, 4132,
681, 3944, 4069, 4126, 0534. 7021, 0490, 0705, 1868, 4001,
40H4, 4086, 4134, 4122, 412& Pnrt 8? Held by Judge
Alker.?Nos. 6883, 75O0, 7681, 7031. 7030, 0988, 6982,
7027, 7038, 0963, 0070. ?073, 6700, 3631, 2383 K
Court ok Gknrral Smuuonr?Held by Recorder
Hackett.?The People vs. Kdward (iiiunon, man
slaughter; Same vs. Krirh Kuyter, robbery; Saiuo
vs. Thomas Kilkenny anil Mary J. Johnson, grand lar
ceny ; Sumo vs. Knulv Comstock. grand larceny; Same
vs. William Korch anil Patrick Markey, grand larcvnv;
Same vs. Wlllism Kay, grand larceny; tfamo vs.
Thomas Lynch, ussauli with intent to steal.
STOKES TO STAY IN PRISON.
PouutlKkrpsir, May 8, 1870.
The General Term to day dismissed tho writ of
certiorari In the Stokes case, and conllrmed the action
of Judgo Dyckman dismissing tho writ of habeas
corpus, and reinuudlDg Stokes to prison. The case now
goes to the Court ol Appeals.
THE MOULTON-BEECHER CASE.
Pououkkkpsir, May 8, 187&
At tbe General Term this morning theca.se of Moulton
against Ucecber was, by consent, put down lor Thurs
day noxL
REAL ESTATE.
Tbo following sales* wore held at the Exchange yes
terday, In the presence or a small assemblage:?
E. H. Lmllow & Co. Hold, In foreclosure, a plot of
land, .15x200, on Third street, Morrisama, xouth side,
near Washington avonue, to the plaintiffs, tbo Kepuolto
Fire lnsuranoe Company, for (2 0U0.
K. A. lJiwrcnco ft Co. sold, in foreclosure, two plots
of land, described an lots Nos. 479 to 488, inclusive, on
Nichols pluce and l'rescolt aveuue (streets marked
Ufon the Central l'ark map), a part of the Dyckman
estate, lor $0,084, to the Excelsior Savings Bank, the
plaint I lfs. ,
TttAN.-'VKR*.
?Hh st ., n. ?.. 125 rt. e. of Nth nr., 25xll?.P; Jacob
David und wile In Elian Biv-oi Kom
42d xt.. h. -toS 4 it. ?. ol 2'1 nt., 1H.SxMB.H; Mary
0. Jacobses and husband to Walter L. Cutting,
executin Nam
1.8,duKtiio hit., ii. a., W).A ft. s. of .'?6th il, y)i78;
William Roche and Mnry .1. Burchill.. fUO.UQO
?3il ol.. a. a., 250 it. w. ol Hd sv., 50*108.4; Walter
K. Waldron mid wife to IS. Fountain 13,000
44th ?t., s. s., IOii II. e. of lOili av., 50xl00l4; Theo
dore (icbmalbida to A. A. Kaliake 15,000
12M<I st.. n. a., '-'2'i It. or. of Oth ??., 75xKU.ll; Akin
T. Thomas anil wife to John .Mmphv Mora
50th at* u. 175 It. ?. 10ti> nr., 17x irregular, also
Mst St., a. ? . I94.'ift. w. of lOtli av.,7lUlxIrregular,
IIpiiij- Harris and wife to Benjamin Itus.iak 8,000
75th st., s. 75 ft. w. of Madlann *?., -'8x102.2;
tieorce W. WcCullom to Henry II. Powers 40,000
75th ?t., a. 100 ft. w. of Madison ay., 25xl<>2.2;
same to same 37,000
7Mli *t.. a. s.. 175 II. w. of Madison a*., 25x102.2;
same to same 28,000
9th av., e. a., 24 ft. n. s. of 53d st.. 24,4x75; Alexan
der S. Kaieske and wile to T. Sclintslholx 30,000
12:td st.. n. a., 225 It. w. ofUth sv.. 7.1x1011.11; A. M.
Aiiiertnii ami wife to Akin T. Thomas Norn
(KM at., s. s.,250tt. w. of 3d av., 50x105. lo; Jacob li.
S.unleis and wife to Walter M. Waldron 11,000
Sullivan st., e. a.. 175 It. s. of Spring st, 'JoxKsl;
Kiiiabeth Cutien to K. I'mstadler.. Komi
8:M ?t., n. a., 13 ft. ?. ol 2d av, 16x08.9; Lenoria
llunl ?? aini hualiand to Phliltpa Saunders K.OOO
74lli at., s s , Kt.il ft. w. of 2d av., 18.8x76; ,/obn
J>heniiaii to 1. Mendelsmn 15,000
61st rt. s. a., 175 IV w. ol 1st av., 4Oxl0U5; Charles
K. I.nnsiin; to Saloiiiia iiahn 8,000
4th av , n.w. corner 132d st., 20x75; also 4th ar.. w.
s.. to It. n. el ISM st.. 30**5} Carstou M. Ilrcmer
and wife to Henry Bremer 35,000
l*llt st., s. a., 22H.2 ft. w. of Stli av., 2l.llx!>2 (Jj
part); Elisabeth It. Ordway ami husli.tnd ami otu
irs t-i Annie Doremes 1,400
5"th St.. n. a,, mtt It. e. ot nth av., 20.xl<*X5; Thomas
McMantta and wife to K. K. B t'omiit... , 40,000
7tli St.. n. a., 77 ft. w. ol av. D, 38x73; K. L. I'arrls
ireleree) to Jame* It. Taylor 25,000
300, st , a. a , 75.0 ft e. ot 2d av., 21.i>\UH.tt; Alired
ititrot and wife to Jacob David . Norn
1,'iPtn st.. s s , 275 ft. w. ?' lOtli av.,-5xUW.il; Third
Avenue Savin** Hank in<c. nf) to I'eter ilayley.... 1,130
Chambers ?t., n. a., ftu It w. of t'hurrh st., 50x75.1;
also Heads St.. s. a., 8.'>x7B (V part of); John Cur
rie to 1. II. Carle and oilier* \ 31.505
lit1! av.. n. w. corner TStb at., 100x102.2; Koliert IV.
RiKxi'Vrlt (referee) to .Michael II. t'ashman 10,000
7?th St., a. a.,200 It. w. of 11th av., 100x102.2;
aante to Bittne ....... 10,0 0
7'.<tii st., as., lis I ft.w. of llth av., 100x102.2;
aame to 10,000
7>-lli st., n. s, 2? > it. w. ol lltii av., 100x102.2;
same to same 10,000
7Htli St.. n. a., |(st ft. w. ol' llth av., 100xl<Kt.2;
same to same 10,000
lltli av , n. w. corner of 77tb St., 100x102.2; same to
same 10,0)0
titli av , n e. cm our 120 at., 17.4x75; Philip Teeta to
Janus ii. Sullivan . 20,010
<4ttli ?(., u. a., 175 fl. w. of :<dav.. 20x100.5; Sam
uel 1>. >ew ird,to II. It. Kithsell (executor) 24,000
I. X A.IK.
Fulton st tNo. 04). 3 years; Theodore Davenport,
executm. to William Morgan 3,300
?OHMW.
Bates, Jobn and wife, to Mutual l.lle Insurance
Company, s. s. 124tli St., e. of Oth av.; 1 year 0,000
Cull. Catharine and hntband, to Conrad Jo.kel. a. a.
74th st.. w. of 2d av.; Ins'.almeot. 1,003
CrSMime. Prises sail hn*i>and. to l?<nis Olocekncr, a.
s. :i2d sl? w. of Mil av.; 3 years 3,000
Hughes, L . to l'ntlllpn .^annders. w. s. Tlebnu'. av..
It. ef I'lark St. i24th?ardi; 4 years l.OO.I
MeCauIxy, James and others, to Ella V. A. Dubois,
?. s. ifctli at., w. of mh av.; 7 years 8,000
Olil. Srtwst ami wile, to tiet<ri;i- I'ries. e. *. 1st av?
s. of I Itlt st.; inatalmenta 4,000
Tirrson, John ami wile, to National Cltisens' Batik,
w. s. ntti sv , s. of O'.ib st.; 1 year 3,.V ?)
Same to same, w. a. Mill av., s. ot taith st.; 1 year.... 3,50)
Pierre, Mar.r anu iiiislisnd, to Andrew Hmnekle. Pros
p. cl av. _:'.d * >rd) ; 3 3,000
Killer, William K. and wilt', to J'hrodoro t'oBklinc. s.
w. corner of Mott av. and l3Htb at. (2>ld ward);
due 2,500
Satnn to >?me, s. w. corner ef Mott av. and 13-ttli st.
l-'.'td waril i 2,5 >0
Ki'iiivr. Charlotte M., to Henry U Atherton, w. s.
of Hro.iilwat i24th ward) ; instalments IA.000
Si l.tn tiludr, Tbenilore, to Alexauder S. Kallake. e. a.
ot 'Ub av., n of ."hHit at.; 2 yeara 1,803
ViithiAo, Rudolph A. and wile, to Henry .Morgan
and others, n. a. ef 34tii at., w. of 5?h av. (ex.) ; 3
jciir. *),??
Brailiiook, (.nstavus A. anil wife, to Jobn II. Screven
trustee*, a. s. 01 4Mb at., v. ol 71 Ii av.: 3 years..., 7,000
Carry, l-aar II., and "then, to Jehu Cnrrie, n. a.
t nainberi at , w. of Cbnreh; 5 years.... 31,500
llamuieti'l, William, to Ai.i>> B Hiod^rtt and others
lex./ 4'11titntt, near WvinKtiHi st. trear lot); 2 years 500
Lyon, Kate and beaband. to lino. S liio-sy, w. a. 3d
av. unil l5Hth st. u'-M ward); H months. 1,500
Mct^uade, Patriek, to Seaman's Bank for Savings,
w. a. 77th at., a. 3d av.; t jear 9,tx*>
Same to same. w. a. 77th at., e. 2d av.; 1 year 11,000
Palmer. Charles P. and wile, to Heniy Draper
(trustee); 1 year 153,087
NOT THIS BROOAN.
Nkw York, May ?, 187&
To rsa Editor or m HiiiLD:
In tbo law roperts contained In laat Thursday's
Hkbald nppeared the artlclo headed "ExoncratlnR a
Police Surgeon," which speaks of a transaction between
Dr. I'tiwell and a man named Brogan, who had en
deavored, through improper means, to be appointed on
the police lorcr, in which the naine of Jobn C. Brogan
erroneously ap|>eura Hav tbo kindness to 0"rrrct i>y
suiting tbat it was James C. Ilrogau, and not John C..
who ngtireii 111 Utat very donbtlul transaction. Aa I
ant the oaly Jobn u Mronan in the Htr, by inserting
Mic above you will do justice to yours irnly,
JUH.N C. BUUUAN, No. 190 Uian4 street.
BICYCLING.
History of the Sport Here
and in Europe.
AMERICAN AND ENGLISH CHAMPIONS.
The Coming Contest at the Rink?Stanton
and Butler's Practice.
At present a novelty In tbe sporting world and uth- ]
letica is bicycling. In Kngland it baa long been the
rage and ha* commanded the attention of some ol tbe
most prominent tneo in lb?l eountry, whore tho ma
chines used are considered great mechanical aids to
people's locomotion. Aside lrum thin consideration?
business utility?tbe bicycle baa grown to occupy a
prominent place on tbo lurl siuco 1). btunton has taken |
to measuring speed with horses, many of which ho baa
beaten in long runs, say of from six to ten nnles each.
Besides him, however, aro other great bicycle riders in
Europe, such sa Keen, Markham, Moore, Th&illei and
others, who are all good men, able to do IIIty miles in
good time. Tbey havo, however, buccumbod to Stan
ton from time to luno iu content* wlucb attraciiM
nearly us much attention In England at tbe time of
their occurrence as "the Derby." For some years
back this interest in the peculiar sjiort has been
gaining ground in Ki gland and in Franco. In the
lormcr it has becomo established among the
betting men as ono of tno best risks /or their
money; in tho latter polito society has long
since taken It up as a pastlmo, and in Paris there -are
bicycle clubs, tbo members of which tuako loug jour*
neys or pleasure I ruin one end of tho country to (he
other on tbclr machines in line weather, olteu riding
rroin eighty to ouc hundred miles a day. The custom
Is to travel along the blgnways from town to villago
and from vill.igo to town, pausing to lunch, sup and
sleep wherever the hours for these refreshments llnd
them. Ulcyoling liaa therefore bccome a sort of tlno
art in these countries, and it Is astonishing what speed
can be attained by experts. For example, at one tiiiio
Stanton accomplished tbo extraordinary feat ef rldlug
on a bicycle US*) miles in seven consecutive days, and
at another time he rode KM miles in 7h. 68ui. and
64\s. ills feats and those 01 other weil known riders
in tho Old World have becomo old stories, but now
there is a new interest awakoning among Americans in
this amusement which bids lair lo command a largo
share of popularity. Years ago all our young peoplo
wero anxlbus to become expert voloctpedists; but the
vehicles were clumsy and the thoroughfares not
adapted to them, so that the keoti desiro lor this spcclca
of locomotion died out to be revived by the introduc
tion of tbo greatly improved English and Frenoh
bicycles and the achievements ol transatlantic cham
pions. Our own riders, Messenger, MoClellau and
llaraiug havo acquired distinction by tboir cllorts to
arouse enthusiusm in bicycling; but their achieve
ments have not been o( a character to kindle any very
great fluuio In the popular heart. They have,however,
laid tho foundation lor a good excitement which It is
belloved will blaze forth almost immediately.
tiik rirrv-xti.K rack.
Just now, of course, tho coming contest at tbo Rink
next Wednesday night betweon Messrs. 1). Stanton, tho
famous bicyc'.o rider ol Groat Britain, and Mr. William
Butler, tbe champion of Kentucky, eugrosses thoaiteu.
lion of lovers ol athletio sports. The latter gontleman
is not a professional rider, but Is, nevertheless, one of
the most expert veiocipouists in tho country. Ho Is a
very young man and woll known in our host social cir
cles. He was a member of tbo Bicyclo Club In Paris,
and rode from that city to Brest on bis lavoriio vehicle. '
Be has made a journey of 132 miles In France between I
sunrise anil sunset and tooK a silver medal In a race i
with the champion ol thai country lor expert riding. <
He is tall and slim, not wuighuig more than iMi pounds,
and is In very good condition. Yesterday altoruoon. as
on former occasions, both the men took a iraluing
rido at the Kink on Third avenue. A Hkralu reporter, |
who buppeneil in there about three o'clock, found Mr! S
Siautuu making preparations for what ho called ii
short hour's "spin on ins macUinu." Ho is about livo '
feet, eleven inches high and weighs about l.'Mi pounds.
He Is it excellent condition, ami looks as hard as iron.
Ho wan chalking out a .rack, the entire circuit of ihe
Kluk, Willi tlie aid ol a line and whiting. Ibis some- i
what tedious operation occupied his attention lor
more than an hour, because it was necessary
that the oblong should be as period as possi- ,
hie, and as nearly the size ol' tbe course to
be travelled on Wednesday night as it j
eonld be made. The reporter addressed Mr. Siantou I
ami asked bun wbat he was about to do." Ob,'- replied 1
Mr. Stanton, " 1 ain just going to lake a spin on iny
machibe for practice. You see. I have not been able
to ride lor tho last lew davs, owing lo tho circus that
was hcru last week, and 1 feel a little out ol condition.
You must know that a man cannot uttord to neglect j
his practice In tins kind ol thins on ilio eve of ? race,
tor tie needs all his skill to run succosslully To lengthy
a course as that we aro about to travel. Fifty milos
will try a man's powers."
" What do you ihiuk of bicycling in this country f" j
said the reporter.
"Well, I hardly know wbat to think of It," re- f
plied ho, "bocause I have not socu much oi your ;
country. About New York, it seems to mo there Is not
that keen lulorest lolt in it that might be expected to
exist In such a large sporting centre. Perhaps this is j
because your streets and roads are sadly sgslust bicycle
ruling. 1'bey are rough, stony and ibrouged all tho
time ny cars and vehicles. If you had a track or prac
tice ground in ono of tbe parks perhaps gentlemen I
would tako pleasure in the exercise, and sports, matcnes
and displays might l>o more frequent. You can see
bow popular bicveling is in England when 1 tell you that i
tbe shops in Wolvcrtiumpion were all closed on the day
ol iny lust race in that neighl>orJiood. The took
such an interest in the context that they Hooked by
thousands lo witness it. Bicycling has become porma
nenily established In the Old Country, and command*
us much attention there uowadiys as niosi of the
horse races. You, no doubt, have hoard ol tbe effort lo
tram poatmen to ride bicycles so tbal they may nso
thein on llieir routes, in some places, I have been
giveu to understand that the effort has proved success
lul, and It is bop?u ih it it will be generally adopted. 1
This is feasible in England, especially iu tbe neighbor. I
hood of ihe metropolis, wuere tbe roads aro macadaiu- :
i'ed sud hard, affordlug the \ery l>est surface imairiliable
lor ihla klud travel. It ii raid that ihe government is
going to experiment Willi these vehicles in ihe army.
Hi luv judgment, an infantry roldicr, with all his ac- j
com rcinetus, rouid ruuko a journey ol fifty or sixty i
in lies a day quite c.isily. Therelote. you see what an
advantage tins would be in Central Euro|>e during a
war when lorced inarches were necessary and railways :
torn up. In these days ihe roads of France, Oerinauy,
Austria and oilior countries sre very good ones, a* I
know by having travelled on my bicyclo over many of
them."
"thk r*AiTtcK sria."
Having completed his cour?n to bis satisfaction,
Mr. Maulon called bis attendant and ordered 1
lnui to bring Ins rldiug costume, which consisted
ol a pair of short buckskin breeches and a light Jersey 1
suirl. He then retired lo his dressing room, and a
few minutes afterward appeared wub what he mylnd i
his small machine, it bad a large wheel fifty four
inebe* in diameter, with a small one behind to steady it,
snd the whole affair was built in England by Keen. As
the Bink iloormg ot pine boards bail been waxed bv
somebody who a short time since hired it lor a hail
room, it wan very slippery and dangerous to rido over.
Tbnreioro Mr. ttlunion had tho machine wheel shod
with rubber, which he fastened, on to Ihe tiri*
with spun yarn to prevent lis yielding or being twisted
ofl About ten minutes to lour Mr. Sianton leaped
into tbo saddle and went away at a rapid gait, lio !
gradually Increased hi* speed, lap aller lap, unlil about
the sixteenth or seventeenth, when the rubber lire of
tbe larger wheel slid off and ihe machine swerved end
denly. Beloro any one well kuew what hud happened
Mr. nianton was thrown several I eel iroin tho bicyclo
and rolled over and over on tbo floor The workmen '
and spectators rushed t?f his side al once, In mo belief
that he had been seriously hurt: bill ihe hardy follow
was on his feet In an instant, dusty slid bleeding, but
ns oooi as a cucumber, lie bad really sustained a
severe shock, lor hu was goiug at the raie ol III lei u or
sixteen inilos an hour when be foil; moroover, Ihe fall
broke tho handle oi the vehicle. The ruler brought it
to the side of the Kink and ropaired damages.
HUTH M KM AT WORK.
Whllo be was thusengsged Mr. llnllcr came In snd
said:?"ftanion thai wa* a heavy fall. Are you hurt?"
'?>01 much," said the oilier, whose arm was bleeding
copiously irom a deop p.isli near tho elbow. "This
rubber played me lalac. 1 have uot bad such a mishap
lor a long, long time It shake* a icilow." "I uon I
think that rubber tire is sale." mid Mr. Ilutler, "you
had belter lako my advioe?get auoilier. You msy In
jure yourself seriously through using IL" Mr. Mianton ;
thanked his rival heartily lor Ins suggestion and
continued repairing damages using as before 1
spun yarn and waxends. Alter the ls|sie ol fifteen
or twenty minutes he was ready again as
wAisIro Mr. Butler, who appeareu on tho platform in
a costume similar lo that worn by Ktanlon, and with a
bicycle ulty-six inches in diameter. Inline Mr. Man
ten, who mounted his machine Irom tbe siding of ihe
platform, Mr. Butler gracoruliy vaulted into his saddle
Irom ibe Door, snd side by side tbey started off lo
practice. Mr. Bailer is uot nearly so muscular as his
rival, but he rides apl< ndidlv. \nd went to work
on his training lour with m will. The Kngusb
inan lorcod the paco several time* to lest
ihe mettle ol his antagonist, wno gallantly accepted
each challenge aud Irrqui ntly p.isa-d nis adversary.
The rate nl speed may be imagined, when it is known
that according lo tbe calculations of tho rink men, the
champions made seventeen miles in hall an hour.
They were not ten feet apart at the close. After ihe
practice Mr Stamen and lo the llrsAi.n reporter that
ho considered Mr. Butler tho best bicyrle rider hie had
encountered In America, to use hi* own words:?"I
do not know a man in this country thai eoniil have
kept beside me during tbe last bail beur so weil m Mr.
Ilutle, ijid Ue la ? rare food rider " At the termina
tion <>l this run the m?n wur* lu excellout eutilitiw,
Juki wurming lo their work.
A tll'Tl'M TRACK NKR1IKU.
Vor ?iiik time pack uiany gentlemen in thl? city
ha** taki'D a great deal of mlernel id ihia kind of sport,
maay of tiieui being perfectly willing to extend their
patronage and countenance to contestants In this pecn
liar sport: Out their good intentions havo been barrtod
by the lark of placo* wherein U> practice bicycling.
Moat of these gentlemen belong to the club In Paris,
and mine of tliem are really ex|>erl riders; bat know
ing that it would I*1 next to useless lo lorin a dob hero
tx-cause ol ihe bad thoroughfare* and the want of a track
In any n'ltle parks, ihey have done nothing toward os
tabliablug a bicycle club her*. Some ol the Invcrs of
lite a|>ort sought permission Irom the I'ark
Commissioner* to ride in the Central Hark, either iu
the morning or evening, lor practice. It was repre
sented to those official* ibat tbo bicycle* would nol Ik>
ridden at ony oilier tima in the day than lb?l specified
In ihe |?rnilt. Ilut this appeal wan anauccewaftil, and
wan Denied by the Fark Commissioner* on tbo ground
that theee machines would frighten horses and occatuon
aociiieiit. Now, what in wanted by ihe admirers ol ibis
sport is the privilege to ride in some sequestered part
of the I'ark where nobody eau be disturbed nor
any animal terriUed. they think, and justly, too, no
doubt, thai room could be made for them hi Ihe Central
Park ua well aa lor base ball players. Strong efforts
are going to lie made lo lorin s bicycle
club In till* city soon. and it la
coulldontly hoped ibat lu a short time there will l>o ue
many patrons ol tin-sport here as there are in England.
Americana ure not lukewarm when tbey become inter
ested iu anything, uiid if the club which is likely lo l?
formed in Now York only gel a chance to use a por
llou of Ihe park lor a track bicycling will lie lostercd,
and uiany spirited conieaia will be wttueaseii in tbo
auintnn eveuiugh by our citlzena. Kxperis will grow
up, and perhaps Mr. Stanton and bia French friend
nuiy find their liettera ere long.
Iijimediately after the fifty mile match next Wodnes
day evening Mr. Siunton is going to Washington to ritu
again*! a trotting horso. Ho will then go to Chicago
lor a similar purpose, aud returning to New York will
go against time from Jersey City to Philadelphia, lie
has other projects in view.
LEXINGTON RACES.
Flit ST I>AY OK TUB HFBISQ MEETING OF TUB
KENTUCKY ASSOCIATION?FINE WEATHER AND
EXt'ITlNO EVENTS -VAGBANT, THE HAltTING
TON FII-iIjI, AND MI?DKAL THE WINNERS.
Lkxixotok, Ky., May 8,1S7?.
The spring meeting of the Kentucky Association
began to-day under the most favor aldo auspices, thero
boiug moro strangers tn attendance than have been on
tbo grounda for many years. Tbo track wan in fine
condition, tbe sliglt ralu of the previourday having
improved It considerably. The attendance was excel
lent and was largely composed of ladles
Irom tbo town and surrounding country, all
of whom take groat Interest In tnrl events.
They wndo a tino display and enjoyed tho sport hugely.
It is a pleasure to witness tbo exmtemont that per
vades the grand stand during tho running hero, and at
no meeting in tho year will It be found to be more
genuine. Tho day's sport passed olf with seeming
satisfaction, notwithstanding that tho best horses ou
gngod were not tho winners In every Instance, Aaron
l'cnuington having lost by an accident :u bis raoo.
TUK rilCKWX HOTKL HTAKK8.
Tho Orst race was the Pho-nix Hotel Stakes, for
three-year-olds, one mile ami an eighth, each carrying
00 (lOUiidB. Six camo to tho post, these l>eing K H.
Harper's gray Ully Very Kino, James A. Grin
stead's brown filly Jar.ot, same owner's chestnut colt
Knapsack, T. J. Nichols' bay gelding Vagrant, A.
Bcrford's black colt Yandall, and A. Keono Richard's
chestnut ally Clemmlo G. Vagrant was thejfmvorlte
over tbo field at tbroo to one. On a false start Janot
broke away from tho man who had Iter at the post,
throw her rider, and lamed herself so much that
gho had to bo withdrawn. When the drum
was tapDed by Major Thomas, Vagrant sprang
off with the lead, Knapsack second, Very Fine third,
Ciemmie G. fourth and Yandall fifth. As tbo horses
passed the stand Vagrant led a length under a strong
Pull Knapsack ?.ocond, Very Fluo third, Cletnm.e G.
fourth, Yan.lall last. Vagrant galloped strong around
tho upper turn, with daylight between himself and
Knapsack Very Fine still third, Cleinmle G. fourth nnd
Yandall as before. Alter Vagrant began to ascend tbe
blU between the half mile and three-quarter
noles ho ran away from tho others, and at
tho ' three quarter pole was four lengths In
front or Knapsack, Clemmie G. third, tbo others far
away and entirely out of tbo race. Kna.isack bolted as
M,on as ho got luto the liomesirotch, and then Clem
*,to O went up socond, but she was nowhere at tbe
"nish as Vagrant camo down tho homestretch like a
fee liorso and won the dash by over forty yards, seem
lucly running at hm greatest easo. Clemmlo G. was
ball a length in front of Knapsack, Very Fine fourth,
Yandall Atit*. Time of the llrst mile, 1:43, and of the
eighth, 18X seconds; total, 1 M\.
vauhakt,
the winner, Is a bny gelding, above fifteen hands three
inches in height, with lour white legs and ? blaze face.
He has ? neat, pretty head, stout neck, running Into
well Inclined shoulders, great length, food barrel,
which is well ribbed home, tremendous quarters and
sillies and sound feet and legs. Ho has a very easy
moving way of no friction or labor while runnlug, and
glides along a perfect daisy-cutler. A colored lad
named Kairoy rode him well In tho race. Colon*
Bruce of the New York Turf, *'?'? and
harm, purchased him for Mr. William As
, iifiih all hlR cngagemcnta, tor $7,000 canli.
V ierant started six times a* a two-year old, winning on
Vsgrant starts si? ,,, ^ wM ||( lbt. Alexander
Stake bait a mile, I/iuisvllle, when he beat
' I \i'iitikiuiio <*ril and other* of tlifl mm? quality
hein? ln tb^n?mber. A11 h e tall meeting of the Ken
Association ho ouptnred a sweepstakH, thri>n
lUCty??!.l^,nlle eight being behind him and Iho
hipper and Creed moor wore in the lot. The nextd.y
came nlace lie won another sweepstake, one mile, beal
.even others the best of hi* otd aiitagonisis being in
h > f .Tr Ho won tbo Hello Mead Stake, three quarters
, miie, tall meeting ol the Louisville
UI( .i,0 year bv winning tho Sanford Stanes,
a'"1 Two<tavs ibercslter. His only deteai in
h^Ttwo year-old lorm was in the Tennessee Slakes
snrirg meeting of the Louisville f.lockey Club, in
he carried VII us. (including 5 lbs. extra),
tnml Crcedmoor. with 90 lbs. up, being first, and (
,7d*p^rc^ vagrant started specula
tlon verv 'voly on the contest to take place between
lion very I Creed moor at I.ouisvllle, and too
isn c'at present is that the Louisville Derby will be the
greatest netting race that has Uken place lor many
>ei1"1' wiiskiw or this ruatmx iwtbi. stakes.
.. ?r ??n<r. Slartrrt. 7W.
jrar, ",nw '? vi w jhl
1*73.... Art tot " " l-M*
1S74*...Aaron Pennington.... 16 ? } '] 4
1876....Ten Brooch * J
WiReduVce'r"m one milo'a'nd a quarter toonem.le
nnd an eighth; ciead heat for second place between tllg
Fellow and KxceL
TilK riLl.T STAKKS.
The second race was tbe Filly Stakes, for two-yesr- |
olds a ?ia-h ot ball a mile. Seven faced the starter.
These wero (Ireon Clay's cbostnnt lllly Glenella, James
W Sarvel s chestnut lilly Crosslet, James A. Or n
stead'* oUe?inui lllly Molino, A. Rtiford ? blmck lit y
1 i/7ie Whips, Green Clay's chestnut Ally, by Oilroy,
J,' ? |,v Hiiigaold; l,y le \ Scully's black Oily, by Aus
iraiian dam l.ida, and the same owners' bay lllly, by
iiiinortVd llartiugton, dam l^ura Ilruce. Olenella w#?
Die iHvorite Li/./ie Whips was llrst awuy, alter half
in hour wa^te.1 in getting them Into Potion, Glenella
??rond tiiiroy's lllly (dam Ringgold) third, Mobun
fourth,' tho otliers In a bunch. Going iu-o?tn?l **??
ner turn they wero all lapped on each oih?r In
cluster, and at the three quarter pole ?
miv ums slightly in the lead, LlSXle Wlilps
sccimd tho Glenella lllly third, with too
others' s.? close that they could not bo
separated. Time ol tho tlrst quarter, l"^on^
Running up the homestretch the race was very,doubt
tul uutil the youngsters reached the wiro, the Hariing
ton"l!ly being tlrst at the score hv a length,
second Lir.xio Whips tlilrd, Mohun fourth, the AM
tralian'fllly (out of Llda) lllih, tho tjilroy-Ringgold lilly
mxtb. Tune ol the second qnarter 'M seconds, and of
ths balf-inlle seconds
rns wis*?k
Is a small hey fllly, 14 hands 3 Inches high, with a
small star, right h,.ud lfs.t wb.te to p.siern^and little
white around the left hind loot. She Is a sp^y iook
lng lllly. with muscular quarters, and has a smait
racing cut aLont her.
our arua.
The third race was a dash ol one mile for ? par* ??
Kight horses started, comprising J. A.
k lead's Chesmui miy Goldmine J. H. Millers
cbesmut mare Oeorgle lawman, T. J. Me
gilitien's Che sunt coll Goldstierg, l>. \
Son's brown horse Orenotde, H. P. McGrath s
Imv horse Aaron Pennington, B. G. Tbotnas bay colt
The mncl.er l-me. A Grlnstea?l's che,tnut lllly
Mis.leal and S. J. Sslyor's bay mare Carrie Anderson, i
Aaron Veunington wss tho farortte at iil?oui even
money over the Held. Grenoble with the second choice
Tho borsos had a very uneven start, occasionedI by tb?
virion, temper or Tho lUncher, who delayed the start
for half an hour When tbe drum wss kipped by General
Rulord, Misdeal hail a g?od deal tl?e l^st of the send off,
(ioidinlnn second, Grenonle third, Tbe lleocber fonrth,
Aaron Pennington flttb, Goldsborg sixth. G?wtri?
Bowman seventh and Carrie Anderson ?tchih. Tuere
... no change of placo sround the tarn, nor along the
backstretch until past tbo halt pole, when t?oldmina
went to tho iront, Asron Ponningion closing nt? and
taking socond place, Grenoble third, Misdeal fourth,
The Bencher filth, Gold.^b?rg sixth, Georgio Itowman
sevvntb Carrio Anderson eighth. As tbo
horses approached the three quarter pole, and
wnen Aarau Pennington wm lapped on Goldmine
be grappled his off forequarter and instantly leli off
a-Bin to tilth place. This accident lost Pennington the
race, as the others gat away Irani him so far be to re he
began running again that h?s chances were eotirely
cono. Misdeal ran to the fronton the homestretch,
and won the race by a length, Uo'.dmlno second, half a
length in ironl of Urenekie, Aaron Penningtnn worth.
Georgia Bowman fifth, The Bencher mm. SoldabtVf
seventh >n4 Carrie Ander.ou eighth., Time of lb*
mile, 1:43't.
NlUUkt
Lvximutos, Ky., May a, l*7ft ?First Day or ma
Mfkiim Mkktinu <>r nir. Kkstiickt A.?K".iiati'>?--Fikht
Rack.?The Phunil* Hotel stakes, for tlirac year old*,
$50 Mrh, p. p., $300 added, one unlu and .m eigbtb,
closed with 16 uomiualious. Value, $1,050.
T. J. Nichols' b. g. Vagrant, hv Virgil, darn Lazy,
by Imp. gcytblu, HT liu. (lUirey) 1
A. Keeno lin hard's cb. t ClemmM G., by War
Dance, Dam Alexander, by Imp. Sovereign, "*7 it.n. 3
Jan. A Grinotead's oh. c KnapMck, by War Dauce,
dam Sue Dougherty, by Mlckcy frw, WO lltx S
T. ii. Harpers gr. I. Very Finn, by Engineer, dam
Fanny Weils, HT Ilia 4
A Hulord's blk. c. Yamhill, l>y Kuiuirer, (lam
Grand Duchess, by Vandal, ?OJl? I
Jax. A. Griniiead's br.. f. Janet, by Lightning, dam
Kalpie, by Bonnie Scotland, 87 lb*. *dr
Tnn?,?1
?On iIn* track, bat lamed iu breaking awaf.
Ram r.DaT?BmwXB Hack.?Tho filly .stakes, for two
v ear-olds, $60 entrance, (3ft forfeit; with t'iio addad:
the second filly to s ive her stake. Half a mile, closed
with 11 nominations.
L> le it Scully's b. t by Imp Harttngton, datu Laura
llruce, i.y Star Dsvis 1
Green Clay * eh. f. tilenella, ^iy im|>. Glenelg, dam
S.iliv, liv imp. Sovereign 3
A Buford'a blk. f. Llxzio Whipps, by Knquirer, dum
(imnd Duchesit. by Vandal 3
Jauieit A. tirlnstead's ch. f. Mohun, by Gilroy, daut
Seiptin. by Imp. Kcllpse 4
11. K. ViNMnan x blk. I. by imp. Australian, dam
Llda, by Lexington 5
Green Clay's ch. I. by Gilroy, dam by Ringgold d
Time?52 "4 Kixiiuilt.
Sanm Day?'Third Rack Purse ol $250, lor all agoaj
>2?o to the Unit and $50 to the second horse, on*
mi In.
James A. Grinsteud'a ch. I. Misdeal, 4 year*, by
Gilroy, dam Mishap 1
James A. tirini>i< ad's oh. f. Goldmine. 4 years, by
Australian, dam Income 1
D. V. Johnson's lir. b. Ureuoblo, 4 years, by Hay
wood, dam I.ute 3
H I'. McGratb's l>. h. Aaron Pennington, 6 years,
by Tlpperary, dam Lucy Fowler 4
J. 11. Miller's ch. m. Goorgla Bowmau, 5 years, by
Islington, dam Annie C 6
B. G. Thomas' b. c, The lleiicher. 3 years, by llrowu
Dick, dam by Jack Malone I
T. J. Mcgibbon's oh. c. Goldsbarg, 3 years, by Lex
ington, dam Alice Jones f
S )'. salyer's b. ni. Cwrio Anderson I
Tirao?1:4.'l
T< -DAY 8 RACES.
The Lexlnglou races appear to tie very popular witb
speculators, as the pool selling was quite spirited last
night. McGratb's lot were funded In both events, not
withstanding the poor show undo by 1'ennlugton yog*
terday. The following pools were sold:?
MILK IIKATH.
Krlly. John ton Thoma*.
Aaron Pennington 50 70 60 00 24
Sal I in Gardner 18 2S 20 22 20
War Jig '.'0 201
It ill Br no* 14 20} 35 40 14
Novelty 14 IN)
O.NK Mil.K AXIl A HAI.K IIA.VDICAI'.
Bob Woolly, 110 lbs.... 20 40 60 1.1
Chesapeake, 1 OS lbs. ... 13 25 40 21 20
Monmouth, 116 lbs.... I 10 T, ,,
Gilly Flower, 07 lbs.... J 11 18 24
Kmma colt, 107 lbs.... 7 IS 26 12 IS
Gvptea, 104 IIw. 8 14 20 0 10
10 nHold, 07 lbs. 3 5 10 4 10
Trumpeter, loft lbs 4 ?1 15 6 10
Katie 1'lcrce, 105 His. ..712 14 9 15
MATE AT NEWMARKET.
In reference to the performance of Mr. M. H. Son
ford's bay horso, Mata in the City and Suburban, run at
Newmarket 26th ulU, the Loudoti .sptirliman says:?
An object of some attention In the p^uldook was th?
Atnoi-lcan horse Mata, who was supported at New
market Inst week on behalf of his owner. Without
seeming to carry so much Itesli as itnl Preaknras in bis
engagement at headquarters, Male yet looked decide lly
on the Ins side, though we are told that in America th?
horses have Invariably run when in that condition.
Male was one of tbe most powerful borses ever seen at
Kpsotn, bat It is evident that the foreigner* have not
speed to compete with the English thoroughbreds,
though on longer courses one or two of Mr Sanford's
champions may win races, and It is to hn hoped that
the team will not return to America without proving
victorious on this side of the Atlantic, for the owner
has shown the greatest amount ol euterprlso In sendlnf
a lot of raco borses to Kngland.
THUNDEB'S GREAT PERFORMANCE.
The performance of Mr. IT. V. C. Vyncr's bay borsi
Thunder In winning tbo City and Suburban at New
market,with 130 lbs. up, calls forth special comment by
the London SpurUman, 20th ulk, the day following lb<
event. It says
Thunder's performance in the City and Suburban was
that of a great horse, aud one entitling him to take the
highest rank among tbo most remarkable of our nandi>
cap winners. Heavy weights have been carried to tha
Iriint in many uf the most important r.tcea, and old
horses with big Imposts have bnuteu highly tried |uvo
lilles before to duy, but In Connection wlllt the City
and Suburban there was no precedent for the achlevo
nient ol Thunder. Argonaut won (IPiM) under 123 lbs.,
and although nineteen finished hehiud the late Sir
Joseph llawley's sou of Stockwdl, the three year-oldi
were scarcely so leniently treated as the immediate at
tendants of Thunder; lor when Argonaut won The
Grinder, who was second, had IMI lbs., and Sw rdsman.
t!.o third, a pound less. A grand horse like Knight ol
the tiarter could get no nearer than third to Specn
lum (1H68) and Abcrgeldie (lstiTj with 127 lbs. on nil
back, yet ho won tbe Chester Cup with that identical
weight. Cremorno's performance under 128 lbs. al
Kpsoin In Morninclon'a year w.ot a smart one, but thai
ol Thunder ba' eoTlpaed tliam all, lorhe won in a canter,
the distance in his favor being three lengths. Thnndet
Is by Thunderbolt out of viul.inie, a tnaro by Mel
bourne out of Htitch, and bewas bred by Mr. Alexander,
the dam dying the year after foaling Tbundor, who dar
ing his career has won nineteen races, ot tbo ralue of
jCtt.106. The late Karon Kolbsctuld claimed hinioutol
n selling races at Newmarket lor ?1,000 on bahitlf of till
Duke of St. Albans and Matthew Oawaon, who woi
some race with hlin, and then sold the horae to Mr,
Vyner for ?2,000, the chief reason of the purchase beinjj
to get a hort>o to lead Carnhallo In his work last year.
Archer deserves a woru ol praise lor the way in wbich
he hsudlod the winner, who must bo regarded as a
wonder, for it is Impossible to think that tbnecwho
finished behind him represented a moderate lot of
horses. Thunder Is engaged In the crest Cheshire
Slakes at Cheshire, tor which the napusts hare not
yet been made known.
A NEW YACHT.
Mr. Willis, of Port Washington, has Just launched i
now open sloop named tbo "Thomas I'atne," wbich b?
Intends to enter in the Centennial regatta. Her dlmen
sions areas follows:?Water and deck line, each 27 lea
7Inches; koel, 7 Inches deep by 11 inches wiila
depth of trunk, 3 feet 6 Inches; beam, 12 loet
Indies; centre board, tt feet 2 incnes long; stern poit
4 leet ?> inches; sicrn, 3 feet b inches; cook pit, 12 feei
8 inches long. Shu is to bo rigged with jib and main
sail, and will have her mast stepped this week. She Ii
to have a suit ot ntcing sails supplied by John Sawyer,
8initlarto those worn by the Maude. W. T. Lee, Brook
lyn and other well known flyers. She Is to make a trial
trip on Saturday next, aud will lly the uennant of ttt?
New Rochelle Yacht Club.
YACHTING NOTE.
Yacht Weat Wind, N. Y.Y.C., (rom the Hitwud
passed Wlnteatone yesterday 10 tow lor New York.
BASE BALL NOTES.
The Mutants defeated the Boa ton* at Boston venter
day?ft to 1?the "Keda" not scoring until tbe taut
| inning At Philadelphia the Mart fords agam dele Hod
the Athletic*, tbo acoro being 7 to 1
The Mutual* and Hart lords play on tbo l?nloa
| Orouudi itila alternoon.
i INTERNATIONAL CHESS TOURNA
MENT.
For aeveral weeks pant a match in which the mod
famous players of America and Kngland wilt be brought
toother baa been undor consideration. On Saturday
noxt Mr. Alheronl will leave for Kngland and will carry
with him p?p?rs authorising him to arrange nil tbe
preliminaries of the match. Immediately upon bla
arrival ho will deposit the sure of fMC In reliable
harms, and will then, acting as the agent or tbe players
in Now York, challenge tba heat players In Knglaad to
compete with those in America. By a special arrange
ment with thu cable company they agree to send threa
moves of the contending partms each day, and It Is be
lieved that if this contract is fulfilled tbe match will bo
decided la leas than two weeks.
AMKRM'AX I'LAVKRS.
Messrs. MeKonzie, Mason, Richardson, Harnett*
Hrcnsingar and Pelmar will oonirol tbe American
game, while the Kughsh will be under the direction of
the most celebrated players that tba Wont Knd Club
can briag together. The entire expense of tbo as a tab
is assumed by Mr. hwdr-r*
In addition 10 tho prize money, a medal baa been
! offered by Mr. Hheliba, npon one aide of which Is an
appropriate tribute to tbe victor, and upon the other
aide ot which will he roDriMcniaa upon a ehess board
of Mack and white enamel the succe*sftil move of tba
1 Anal game.
WHAT MR. MULLEN MAY DO.
Yonw, May 1,1ST*
To ras Karroo or m Hiatu:
In yonr .Sunday edition 1 noticed a challonge from
Kdward Mullen stating that ha Is ready to make a
: match with Brown, Smith or (KMy. Now, what I
wish to say la that, while (Mdy was la Yaakera
prior to going to Chicago word was ami
to Mr. Mullen to some to Yoekers to get
on a Batch with Oddy, which be promised to do, bnt
i did aot put in sa appearanoc. Now, it Mr. Mnilea la
! willing to make a match with Oddy aad to show boat
noes, let biat deposit $100 la tbe hoada of tba Naw
York Cttpprr aad It will be immediately revered: or lot
him oome la Voakora aad be oan bo aceommodatad lor
$M0sr upward. # UAUM IT. lUIHON*