The New York herald. [volume], June 09, 1876, Page 11, Image 11

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

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THE COURTS.
One of Colonel Thomas A. Scott's
Railway' Ventures.
SEEKING PAYMENT FOR RAILROAD IRON.
Another Influx of Motions in the Walker
Divorce Suit*
More Than a Fleabite for the
Rechabites.
Seme Ave years ago Colonel Thomas A. Scot,
ThomM L. Jewell, John Duff, Andrew Curricle, Oakes
Ames, Gordon Dexter and others formed themselves
Into an association known as the Davenport Railway
Construction Company, for the purpose of building a
road between Davenport, Iowa, and St. Paul, Minn.
As such company they purchased from Drexel, Morgan
k Co., Perkins, Livingston & Post, Jessup & Co., and
other importers of railroad Iron In this city, $230,000
worth on the promissory notes of the company, se
cured by its bonds for $241,000. When the notes be
came due tbey were not paid. Then the creditors
found that the notes were sccured by a bond on the
property ol the railroad company, which was not iu
existenco when the mortgage was executed, and that
bonds for $3,500,000 bud boeu issued lu Kurope.
A suit was brought by Jessup k Co. andtlieoiber
psrties named to compel ibo payment ol tho notes,
and the caso came to trial yesterday before Judge
Snnford, ol the Superior Court. On investigation
plaintiffs found, as they hold, that thero was a sub
stantial failure of the defendants to comply with ihe
statute of Iowa, regulating the formation ol companies
with only corporate liability lor debts, and they hold
that ttic defendants are jointly and severally liable.
The defendants hold that failuro to file a certitic.iic of
Incorporation with the Secretary ol Slate does not
make them, like the members of the various ex
press companies, liable Individually. Although this
question is the only one st issue the trial Is one of the
most important railroad suits that has bocn before the
courts lor some time, and the likelihood Is that it will
oocupy several days.
THE WALREU DIVORCE SUIT.
This cause has been s.nce Monday on the day
calendar, before Judge Van Brunt, in tho Court of
Common Pleas. Judgo Van Brunt rendered an opin
ion striking the case from tho calendar yesterday,
whloh deters the trial for the present. The wile in this
case shows fight Her counsel, Mr. John B. Perry,
movod on Monday to strike the cause ftrom the calendar
on the ground that no reply had ever been served by
the husbaud denying bis alleged adulteries, anil, there
fore, that thero was no issue to try. Yesterday Mr
Perry noticed a motion for next week, before Judge
Van Hoeseu, that the husband be compelled to uuswor
lu the cross suit and mat two sets ot i.-sues be framed
bv a relert-e, one set being the adultery issues and tho
cither set bung issuos ot fact and law. Ex-Recorder
smith now appears as counsel lor the husband, with
Mr. George W. McAdam. and be Das been moving eveiy
day before Judgo Van Hoesen to recover his lost
ground. Dr. Walker has refused tor three
months to answer in the croassuit brought
by tho wifn. Mr. Perry says both actions
must bo tried together, that the reason a cross
adultery suit is ever brought is becausu In this State
the wilo cannot obtain a divorce unless she is a plain
tiff; that where she is a defendant all the chances aro
with tho husband, and ho is witnout risk; tnat the wile
hero in her cross suit sets up ths California statutes
and a contract that if she succeeds in the action sho
*ins $500,000 and overJn seven per ccni incomo ray
ing property, and not so much alimony per woek or
year at all, and that the Doctor don't waul to bo under
too risk or having to divide his property with nis wile
In ihe event be fails in the action, and hence his strug
gle to try his own cose and not try hers ot all.
The orders to show cause go over to-day, and per
haps every day next week, before Judge Vau Moesen,
at Chambers.
It Is to be kept in mind In this litigation that the
husband started it. The wife is ou the defence, and
her counsel says there is no doubt that both cases will
be tried beiore the same judge and Jury, and at the
same time, the verdict to be given in the action brought
by the party whom the jury decides was the innocent
party. Mr. Perry has won every motion on this subject
*o far.
THE WRECKED RECHABITES.
In Supreme Court, Special Term, beforo J udge I,aw
rence, (here was cotnmeocad yesterday the trial of
the suit of John Iialond and others vs. Henry W.
Deems. Tho plaintiffs and defendants, of which there
are about thirty-nine, arc members of an organization
called the "Washington Tent Nu 1," of Uechabitos,
an association for benevolent and temperance pur
poses, and as such had accumulated a fund amounting
to nearly $5,000. The main portion of this fund Is
accumulated Irom rents and business ventures ol the
organization other than the object lor which they were
organized. In October, 1875, the plaintiffs were elected
trustees, and aa such became enntlod to the possession
of the luuds aud all the property ot the association,
they bavins given bonds thereiorc, but the defendants,
together with obe Stack pole, who had been elected
President or chief ruler, endeavored to oust the plain
tifls and served notices on the banks not to recognize
them aad forbidding a transfer of the funds. Ths
and other dissensions and troubles has caused a wreck
among the "Recnabltee," by which title they also
call themselves, and the "Tent" or Anctent Order of
Rechabites is now in court <n a suit by the plaintiff to
dissolvo the organization and divide the funds among
the members.
John Lalond, the chiet mover and trustee, was
yesterday examined. Ex-Judge Cowles appeared for
plaintiffs', and Langbein Hros. lor eleven defendants
who joined with the plaintiffs Stowart Ac Towiey for
?ther defendants.
SUITS ON WAREHOUSE BONDS.
Suits have been begun In tho United States Circuit
Court against the following named firms and their
lurctioii on warehouse bonds for balances of duties:?
5. Wcndling, $150; H. B. Ciaflln k Co., 11,620; Kiva k
Ca, two suits, $150; Hugh J. MscKarland, three suits,
$3>0; C. A. Spier & Cu, three suits, (110; Hester k
Hers. $3,300; Wastray, (iibbs k Hardcastle, *880, C.
II. Boden, two suits, $250; Wilkio k Ibbotson, $1,610;
K. C. Johnson, $1,260; A. B. White, $4,800; F. W.
I.ohman, two suits, $4,600; A. Dubois, $1,23U: Levy k
Hurst, $1,095; Leaycrait k Co., $1,004; O. I<amotbo k
Co., $WJ; Carvallo k Stephens, $70^; Oudevllle, Mayer
ft Co., $1)28; H 0. Klcbards, $1,658; Harvey Barnes,
$865; W. B. Cooper, Jr.. $527: Read Bros. & Co.,
$084; Shackellord, Haas k Co., $1,433.
SUMMARY OF LAW CASES. "
Thero was a formal settlement yesterday of the
order recently granted by Judge Donohue, allowing the
Bleocker Street Railroad to be leased to tho Twenty
third Street Railroad Company.
Judge Donohuo of the Supreme Court has appointed
ex Judge Kreedman receiver ol the property of the In
dustrial Exhibition Company, at the instance of Ten
torium and Raynor, Judgment debtors.
Before Judge Robinsoa, of the Coart ol Common
Pleas, Henry D. Keller obtained yesterday a verdict of
11.761 04 against Mary Eliza Cooper, administratrix
on account of a loaso to her husband. The delence
was that be was Insane when be executed the lease,
but the Jury did not think this allegation proven.
In the United States District Court yesterday ten of
tbe suits against Merrick Price resulted in Judge Rlatch
lord ordering vcrdicts for the United .States, the
amount aggregating $20,481 42. The caac In which the
turety. Charles O. Hanks, was defendant was decided
against the government subject to the opinion ol the
Court.
Tbe suit brought by Charles E Strong, receiver of
tbe Atlantic National Bank, agalust Charles Trainor,
to recover $20,000, amount of bond which he gave tor
the faithful performance ol tho duties of cashier by his
son, Mark L. Trainor, was yesterday concluded. Judge
Lawrence, holding Supreme Court, Circuit, belore
whom tho case was tried, directed a verdict for $2.1.500
for ihj plaintiff, being the amount claimed with In
terest.
Special Agent Sbarratt, of the l'ost Oflice, received
yesterday a copy of a circular issued from the head
quarters of the sawdust swindlers of this city intended
for those whose cupidity for gain disregards the crimi
nality of the act by which ihey acquire the samo.
Bills to tbe amount ol $400 are oflered lor $100 genuine
money, aud purchasers of the ''i|ucer" sre cautioned
again.-t sending their money through tbe maiia. The
circular bears no date snd un signature, but accom
panying it was a card of R. C. Huhucll, No. 113 Nassau
Street.
A largo number of witnesses were examined yester
day by Judge Van Hotsen, In Special Term of tho
Court of Common l'leas, In connection with the 'rial ol
tbe suit brought by the Ninth Avenue Railroad Com
pany agaiust tho Greenwich Street Elevated Railroad.
Among the wltnessesexamtned were Jacob Slurp, Super
inicudentol the Twenty third Street Railroad; George
l'erry, Veterinary Surgeon, and Chnrles Johnson, olthu
Broadway and Twenty third street glage line, resides
various drivers on tin plaintiffs' rosd. Tnetr testimony
ass in corroboration of the allegations in the com
plaint.
Henry Rail, while riding ?om? two years ago on the
front platform ol an Eighth nvcuuo car. was lm on the
leg toy a rock froiu a bliutt on the Boulevard As
the car was halted belore reaching the flagman tho I
city wss considered the responsible party. A suit was i
accordingly brought against iho city lor damages. Tho I
case ?a?trioi| yesterday, belore Judge Baircit, holding |
supremo court, Circuit Tbe evidence showed ibai ihe
p.annul was iald up nine weeks on account ol Injuries,
aud a verdict for $2,uoo damages was given in his
lavor.
In the matter of opening of the will of Ellen Bow.
des, deceased, a motion was uiado yesterday beloro
em iu|>n v..<i4i iu itituli tho probata or the la it will
?oil laaiameut of tlio decuimed. li appears tlini tbc de
ceased, by bar will, left the realty lo her two sous an>l
the personalty, compoKnig the bulk of her property, t<>
a charitable Institution. Ex-Judge Curtis, in support
of the motion, argued that the proof be bad submitted
?bowed iucont< atably thai at tha time ol the making
or tlio will tbe deceased waa suffering from an illness
severe and lingering to au extent that affected her
mortal capacity ami rendered her totally incompetent
to make a will After bearing counsel in support ol
the validity or tho will tho Surrogato decided to opou
tbe deeree'und hear evideuco da cova.
An order was entered in th? Court of Common Pleaa
yesterday thai a new calendar of the issues to be tried
by a jury for tbe social terms oltbia Court be mane
up lor October, 187& The prrsnut calendar having
boon called entirely through uiU every case upon It
which was roady tried, the (lay calendura on tho llrst
Monday ol October next will commence with the cases
which are put for the llrst time upon the general calen
dar for tbo month of October. No cause on the present
calendar will be placed upon ihe new calendar unless a
nonce Iw filed with tbe clerk on or beloro tbe Iftth
day of Soptember next, stating that tbn samo lias not
been disponed ol or settled, and specifying therein the
dale of Issue and the number on the present clendnr.
Causes on the present calendar which are marked "Un
served generally* or "Of! for the term" will be so
marked on the new calendar.
Mr. A. B. Darling, owner of tho Twentv-third Street
Opera Mouse, leased tho premie s last January to R.
M. Ilooley lor one year at $ 10,000 rental. Hooloy re
let the place to J. Wilkes Kord, but as neither paid
any rent Mr. Darling instituted proceeding before
Judge Callahan In the First District Court to dia
i ost>ess them. Mr. William li Kicketts maintains
having been placed In charge of the box olllce, und an
order of dispossession was given, alter which tbe place
was leased to Kelly k Leon. Meantime Mr. Dave Reed,
tbe popular minstrel performer, who was engaged l.y
Mr. Ford to appear, not having been allowed to per
form, brought an action beiore Judge Geduey, of tlio
Eighth District Court, lor one week's salary. A judg
ment waa obtained agalnsi Kord lor the amount, and
to kecuro the Judgnieut Mr. William H. Rickeus was,
by agreement, deputised by the Sheriff lo take charge
of tho box office until tbe execution was satialled. The
placo will now run on harmoniously under the manage
ment of Kolly ? I.eon.
DECISIONS.
SUPREME COURT ?CHAMBEES.
By Judge Lawrence.
Brennan vs. Morris.?1 wish to see counsel.
The Amoskoag .Saving* ti<uik vs. 1 he Brady's Bend
Iron Company.?I deslie to see the counsel.
lloe vs. Buckmuster; Tbe L'niou Savings Institution
?s. Clark, and l'honuix vs Dupuy.?Orders granted.
bUPEKME COURT?SPECIAL TERM.
By Judge l.arremore.
Grant and another vs. trooper ?Findings and order
ot reference signed.
SUPERIOR COURT?GENERAL TERM.
By Judges Sedgwick and Spelr.
Brewster vs! Balch.?Motion to permit the defend
ant to appeal to the Court of Appeals denied, with $10
costs, by the Court.
SUPREME COURT?CIRCUIT?PART 2.
By Judge Donohue.
Wardrop vs. Clallin el al.?Case recalled for recon
sideration and settlement.
COMMON PLEAS?SPECIAL TERM.
By Judso Van Hocson.
Fay vs. Blnns.?Motion granted. Order lo be re
?e tiled.
Devoc vs. Devoe.?Memorandum.
Gross vs. Hillabrand.?Dofault openod on terra*.
Richardson vs. Browster.?fee memorandum.
Schweitzer vs. Schweitzer.?Application for order of
publication denied.
Cooke vs. Cbarllclc.? Order of reference granted.
Tuc German Exchange Bank vs. Vogt.?See mem
orandum.
I'age ut al. vs. Potter.?Mnmorandum tor sctttlemem
of order.
Andrews vs. Harris. ?See memorandum.
Dto?sy vs. Sister?I think 1 have no power to order
an extra allowance. Costa should, however, bo awarded
to defendant, Sister.
MARINE COURT?CHAMBERS.
By Judge McAdam.
Way vs. Crofut.?Decisions Uled.
Norton vs. Campboli.?Judgment for plaintiff.
CsstelYs. VcTbonernus.? Motion to continue Injunc
tion denied, without costs.
Peltiers vs. Fitzpatrtck.?Costs, Ac., taxed at 100 86.
Seaman vs. Welsh.?Motion denied, without costs.
Mversvs. Garson; Fluschhaur vs. Lany; McKcnxie
?a Van Winckle; Jacob vs. Rciib; Steinhart vs. Klog;
Herbst vs. Vlchot; Brcmsen vs. Horwiiz: Cochrane vs.
Qrassmuck; Wills vs. Dexter; Ridley vs. Freel;
Whi elan vs. Curtis.?Motions disposed of as por papers
filed.
Gordon vs. McCahilL ?Motion granted.
Bouland vs. Bogert?Referred to J. W. Rlsslll, Esq.
Caldwell vs. Stolzenberg.?Motion to open default
granted.
Middleton vs. Wodicka ?Proceedings dismissed.
Kinmaliy vs. Horgan.?Motion granted.
Bennett va Stead.?Judgment lor plaintiff for
$648 39.
GENERAL SESSIONS?PART t
Before judge Glldetsleeve.
AN OLD PRETENDER.
On tbe 28th of April lost a man, about sixty years
or age, representing himself to be William Hammond, a
retired sea oaptain, called at the furniture establish
ment of Baxter & Co., In Canal street. He said he
had Just concluded the purchase ol a bouse on Filth
av.nuc and desired to Have it handsomely fnrnished.
Two parlor suits, valued at $776, were sent to the ad
dress mentioned. Meanwhile the Captain proceedod
to Mr*. Dumsday's piano warerooms in East Ninth
street and selected a piano, for whieh he waa to pay by
the month. When application for payment was made
st the house on Fifth avenue it was lonnd that the
skipper baa disappeared, and that all the furntturo had
been sold at auction. He was recently arrested, and
tried yesterday on the cnarge of obtaining the piano
under lulse pretcnces, and tbe Jary having found him
guilty he was sentenced to live years' imprisonment in
the State Prison. He pleaded guilty to the other
charge made against him, and was scutenccd to eighteen
months additional in the State Prison.
GENERAL SESSION8?PART n,
Before Judge Glldersleeve.
BIOHWAT BOBBERY.
William Pitt and Thomas I.e Strange were arraigned
at tho bar charged with having, on the night ol the
24(h of April last, assaulted and attempted to rob
Frederick Lathy, at 124th street, Harlem. It appeared
that Mr. Lathy was on bis way home, ana at the place
mentioned was attacked by a gang and knocked down,
when one ol tho assailants endeavored to take his
diamond studs Irom the bosom of bis shirt. Ho strug
gled desperately and received several blows nnd kicks.
At length a policeman's rap was heard, and the men
Jumping into a wagon lied, one of tbem firing twice at
the complainant, who in turn fired at them The
prisoners wero arrested a few days alter ward and iden
tified by Mr. Luthy at the police station. Assistant
D strict Attorney Hell appeared tor the prosecution and
Mr. Mitchell for tho prisoners. Several witnesses wero
examined on the part 01 the defence to prove an alibi.
The case Is not concluded.
FIFTY-SEVENTH STREET COURT.
Before Judge Kasmlre.
ALLEGED FOBOBBY.
Michael Fernen, of No. 10 Mulberry street, was com
mitted on a charge oi forgery to stand his trial at the
General Sessions. His brother John is also implicated,
but he has not yet been arrested. John Fernen was,
up to last Saturday, In the service of Mml Julia Beach,
ol No. 30# Fifth avenue. On the 30th alt. Michael, it is
alleged, presented himsell at ibe confectionery store
ol Albert Salter, No. 4M Third uvenue, and obtained a
dollar's worth of cake lor Mrs. Beach, in payment lor
which lie gare a check tor $<il on tho Filth Avenue
Bank. The check hud Indorsed upon It the name of
Mrs. Beach. John recciveu the $30 in change anil the
cake ana It was subsequently discovered that me eheck
was a forgery. 1 he prisoner, who is ? hoy of aliout
fifteen years of age, denied bis guilt.
A POLITICAL QUABKEL.
Thomas J. Crombie, a contractor, of No. 600 East
Eighty-seventh street, applied on Wednesday afternoon
to Judge Rasmire lor a warrant for tho arrest of ex
Senator Hugh H. Moore, who he charged had assaulted
him without provocation, on Tuesday last, on the stairs
of the Harlem Court House. The Court refused to
issue a warrant, but ordered Officer Hitchcock to notify
Mr. Moore to come to court yesterday morning at nine
o'clock. The ex-Senator was not at home on Wednes
day night when tho officer called, but yesterday morn
lug at an early hour he was, and sent word from his bed
ih.it he wonlil l>e present lu court at the hour named.
Having tailed to keep his word an order was issued Io
OlScer Hitchcock by the Court lor his immediate ar
rest He ramo voluntarily to court, however but the
Judge bad lelt the bench, and he again
left. He returned In the aiternoon. accompanied
by Jerome Buck a* counsel. The complainant not be.
ing present the examination was |iostponed for two
weeks aad the Senator was dim-barged on the respon
sibility of his counsel.
Those who sboaid know state that the canee of the
trouble between Mr. Moore and Mr. CmmMe is (lit
fact that the latter bsi superseded Mr. Moore In the
leadership of the Tammany Committee of the Twenty
tlrst Aacmbly district. Mr. Moore sent his rt signal i n
a< chairman of this committee nnd as member of lue
Committee on Organization to John Kelly some weeks
ago. and it was accepted, to his great astonishment.
He thinks Crombie was the chief c*m?o of his over
throw.
A QUEEB CASE OF ARBACLT AND BATTEBY. ,
Selim Marks, of No. 256 West Tblrty-nlnth Hreet, a
resl estate agent, has a son twenty-eight years of age,
of whose morality he has evidently bat a poor opinion.
This son is an intimate Iriend of W. Phillips, publisher
of a directory, and he has olten taken Mrs. Phillips to
pieces ot amusement and has rowed with her on the
Central Par* lakes To this Phillips made no objection,
but the elder Marks d d, and lu an interview between
tho two he endeavored to impress upon the
mind of Phillips the danger there w.<* in allowing the
letter's wife to go out so oiten with his son alone. Mr.
Phillips sail he recognised no danger or impropriety in
the matter and be was railed an old lool bv Marks.
1'hHllpe retaliated by railing Marks a rogue and Marks
struck bnu. The Court postponed liual Judgment in
the case, hoping that the parlies would come to a bet
ter understanding. Mark* did not want the case pub
lish id, but Phillips int<l be had no objection provided
hip directory wok mentioned. By the way, be pre
aented a ropy of it to the Court.
POLICE COURT NOTES.
Officer Druffln, of tbe Tenth precinct, yesterday after
noon found a notorious sneak thief named John
Murphy, of Monroe street, In tbe apartments of Mrs.
Lena Kcrlau, Nix 27S East Houston stroct, forcing open
tbe bureau. He attempted resistance, hut surrendered
on botng clubbed, la his possesion were found a
lady's sealskin nap and boa and an account book of one |
Rotb with J. L. k, F. Kuntz. brewers, of 110th j
street, Mornsania. Murphy was held lor triaL
tieorge l?sser. a lad twelve years old. of No. 330 East '
Slxtn street, was committed for trial at the Essex .
Market Court, yesterday lor attempting to pans a forged i
check for $31 on Mr. Charles Koch, of No. 110 Kast 1
Houston street. He Maid he wns given tbe check by a
mau in Second nvouue.
At tba Washington Place Police Court Frederick
Housler, o( Spring street, wns held for trial for steal
ing a gold watch, value $160, troin John l.eiscbcr
while visiting the latter at Ins residence, No. 40 Oomi
B:ck street, lust February.
Officer Frederick Rlngler, of the fourth precinct,
who on Saturday night Inst brutaliy clubbed Mrs.
Catharine O'Donnell, ot No. 434 Pearl street, and ber
son and daughter, Hugh and Mary O'Donnell, wns ?r
ra'gned before Justico Murray at the Tombs yesterday
and was committed to snswer two charges ot aHsault,
the bail being flxed in each case at $600. Captain
Alexanders?. Williams, of tbe Fourth precinct, wns ao
ceptcd as surety lor llingler's appearance.
COURT CALENDARS?THIS DAY.
Scprsmb Cucrt?Cbamusrs?Held by Judge Dono
hue.? Nos. 78, 77, 111, 112, 113. 116, 118, ISO. 157, 102,
164, 177, 102, 193, 194, 197, 200, 236. 237. 242, 243, 252,
255, 291, 305, 306. 316, 317, 319. 320, 322, 323.
St'riMMK CocBT?UrxciAL Tkh*?Held by Judge
Larremore.?Law aod fact?Nor. 309, 97, 200, 367,
410, 411, 223, 376, 241, 374. 379, 387, 398, 214, 420, 278,
279, 173. 174, 517, 518, 587, 51, 34. 50.;.
Spprkhk Cobkt?Cikctit?Part 1?Held by Judgo
Barrett.?Short causes?Nos. 2283,1349, 13612959,
2961, 2771. 2987, 2990, 2835, 2799, ".010. 2947, 2679, 1904,
2592, 1397, 2703, 2905, 2907 , 2825, 2941, 2815, 3118.
Part 2?Held by Judgo Van Vorst.? Short causes?Nos.
1968, 2730. 1058. 2630. 2468, 2022, 301b, 2990, 2772, 21tft6,
25S8, 3006, 2728, 1504 V 2252, 2818, 2832, 2742. 2932,
2924, 2934, 2882, 1780, 20fx), 2906, 2826, 2S36, 1190, 3210,
3096, 3134, 3142, 3208, 315X. 1730. 25S8. U204, 3200, 2712,
3182. 3138, 3178, 3162. 3228. Port 3?Held by Judgo
Lurreraore.?Short onuses?Nos. 3015, 15131,. 2801),
2775, 26'J7, 2843, 2750, 2787, 2273. 2M)7, 3223, 3119. 3111,
3103, 3199. 3167, 2873, 1505 K, 3051, 8226, 2929, 3227,
3147, 3129, 3101, 2611.
SurciuoK Cocht?Special Tkrm ? Hold by Judgo
Sedgwick.?Doniurrers Nos. 1 and 2. Issues ot laci?
Nom. 41, 9, 46, 54, 47.
Si'pkrioh Couht?Tsial THRM--Part 1?Hold by
Judge Sanford Nos. 2027, 1113, 1074, 1135, 1072, 1112
1032. 1080, 1136. 737, 1042. 1054, 1142, 1151, 2015. Par
2?Held bv Judgo Speir.?Nos. 1675, 1189, 788, 1000
1005, 608, 1110, 838, 454, 1946, 1156, 1360, 1159, 1162
1163,
Cosmo* Pi,ka8? Equtrr Tm??Held by Judge Van
Hooheu Nos. 4, 28, 30. 27. 40, 10, 1, 0. 8. 23, 34.
Common Pleas?Trial Term?Part 1?Holu by Judge
Robinson ?Nos. 706.2281,2153.2154, 1603,1854, 2337,
461 1871, 696. 1097, 1434, 1104, 2033, 2112, 1826, 2?34,
2438. Part 2?Held by Judge Van Brunt Nos. 2441,
1949, 2376',, 2027, 2250, 1942. Pari 3?Held by Judze
J. F. Duly.?Nos. 2005, 1994, 2514, 2044, 2586, 1851,
2504, 2523.
Marink Coctbt?Trial Tshm?Part 1?Held by Judge
Alkor.? Nos. 4191, 4205, 4221. 3603, 7692, 7731, 7812,
7098. 7863, 7719, 4286, 446, 4?5, 4168. 3875. Part 2?
Held by Judgo Sheridan.?Nos. 3749, 7749, 399, 2234,
1080, 7743, 7782, 7833, 7892, 4116, 4245, 3583, 4240, 5341,
6410.
QUEENS COUNTY OYER AND TER
MINER.
in the Queens County Court of Oyer and Terminer
William C. Fowler, alias "Bnllwagon " indicted for
killing Samuol Scbenok, at Roslyn, pleadel guilty of
manslaughter in the third degree and was sentenced
to two years In the State Prison.
Jeremiah Reynolds, for bigamy, was sentenced to
one year in tho Kings County Penitentiary.
The parents ol Mary McCarra, four years old, living
at Long Island City, sued tbe Long Island Railroad
Company lor $5,000 damages for having caused the
child's death by running over bor. Tbe company in
terposed the plea o( carelessness on the part ot tbe
Cirents in permitting such u young chl d to run at
rge without a protector, and alleged that she bad not
died of tbe injurlos. but from disease. Tbe Jury al
lowed plaintiffs $250.
Yesterday tho tnird trial In tbe case of Gomeln
against the Long Island RailroadCompany, for running
against a carriage at the Woodbury crossing and killing
two persons, some two or three years sgo, was in
progress.
COUET OF APPEALS.
Albany, N. Y., June 8, 1878.
Na 188. Saga vs. Wood in.?Argument resumed end
concluded.
Na 108. Edmund H. Walking, appellant, vs. Timothy
D. Wilcox and other*, respondents.- Argued by D. D.
Hulliday, for appellant; Marcus Lyon lor respondents.
No. 'lit. Daniel 8. Keed and another, respondents,
?a. N'cbolas U. Oeckcr, appellant?Argued by S.
Hand, (or appellant; D. 3. Mori-ll for respondeat
No. 64. Daniel Day, respondent, vs. the Mayor, Ac.,
of New York, appellant.? Arguod by D. J. Dean, for
appellant, and by William L. Klndley lor respondent.
CALENDAR rOR FRIDAY.
Not. SI, 44, 67, 83. 80, 219, 182 and 228.
UNITED STATES SUPREME COURT.
DECISIONS.
Washington, June 8, 1878.
The Sunreine Court of the United Statos bare ren
dered opinions in tho following cases:?
The Rule tn Equity as to the Restraint of the Collection of
Taxet?State Authority over Railroad* iciMir Their
Border s? The Rule of Construction.
Na 702. laaac Taylor, Collector ol l'ooria County, et
aL, appellant, v?. .lames K. Secor and William Tracy,
and Nos. 701 aud 703?Appeals Iroin tee Circuit Court
for the Northern District of Illinois.?The three case* '
whose titles sund at the head of this opinion are ap
peals from d-crces enjoining the appellants from the i
collection of taxes assessed by the proper officer' of tho j
Slate ol Illinois against three several railroad com- ,
panics, organized under the laws of that Stato, and
doing buaiuess In It. The plaintiff* In the first nntnud 1
of the aliovo suits are mortgagees ol the Toledo, 1'eoria 1
and Warsaw Railroad Company. In the other two
casea the complainants are stockholders of the rcsnec.
tlve companies whose interests they represent?
tamely, tho Chicago and Alton Hailroad Com
pany In No. 701. and the Chicago, Burling
ton and fjuincy Railroad Company in No. 70& :
Tho act of the legislature ol Illinois of March 30. 1872, J
under which the taxes complained ol were assnascd,
makes special provisions for the taxat on of railroads ,
and other corporations, the main feature or which Is
the purpose of leaving to each county, city and town i
the power of assessing lor taxation what Is properly 1
local In the same maimer that other similar property Is ,
taxed tn lhal municipality, and at the same time to j
subject to like taxation, ou some lair basis, that which I
is not Id Its nature so clo.irly local, but which, by rc.v I
son ol its being appurtrnant or incideut to tho rail- j
road, should pay its share to the State and to nil the
countics, towns and cities through which sny part of
tho rosd runs. The theory of the sysicm Is manl- j
festly to treat the railroad track, its rolling stoek, its
franchise and its capital as a unit lor taxation, and t.i |
distribute the assessed value ol this unit according as
the length of the rond in each county, city and town
bears to the whole length of the road. The principal j
provis on of the law providing lor the valuations to i>e ,
made was as follows:?
The capital stock of all companies and a-soelauons ,
now or hereafter created under the laws of this Siato
susll be so valued by the t>ute Hoard of Kqualization
as to ascertain and determine respectively the lair cash
value ol auch capital stock, tnclud ng the franchise, over
aud above the assessed va.ue ol the ungibic property
ol such company or association. Said hoard shall
adopt such rules and principles for ascertaining the
lair cash value of such capital stock as to it may seem
equitable and Just; and such rules and principles,
when so adopted, If not Inconsistent with this act.
shall be as binding and of the same effect as it con
tained tn this act, subject, however, >o such change,
alteration or amendment as may uc found from time to
time to be necessary l<y said hoard; provided that in all i
cases where the tangible property or capital stock of
any company or association Is assessed under this act
the shares of capital stock of any such company or
association shall not be assessed or laxed in this Slate.
This clause shall not apply to the capital stock or
shares ol capital stock ol banks organized under tho
general banking laws of this State. I'he objection was
thut the law was repugnant to the constitution of the
Slate. Tho Court derides thus:?
While this Court does not lay down any absolute rule
limiting the powers of a court ol equity lu restraiD'iig
the collection of taxes, It declares that It is essential
thai every rase be brought within some ol the recog- j
uized rules ol equity Jurisdiction, and thai neither ilie- I
galiiy n?>r irregularity in the proceedings, nor error or
excess of vsluttion, nor the hardship or injustice ol the
taw, provided it .i>? constitutional, nor any grievance ,
which can be remedied by a suit at law, either be I ore
or after the payment of the tax, will authorize nn in
junction against its collection.
- This rule is founded on the principle ibat the levy of '
taxes is a legislative and not a Judicial function, and ?
the Court can neithor make or cause to lie made a new
assessme nt if the one complained ol bu erroneous, and i
also in the necessity that the taxes, without winch the ,
stale could not exist, should be regularly and promptly \
paid Into the treasury. Query?Whether the sumo j
rigid rnlo a gal net equitable reliei would apply to taxes
levied solely by muuicmnl corporations lor corporate
purposes an that here applied to Stale taxes? I'rolmoly I
not No injunction, preliminary or Dual, can be granted i
to stay collection or taxes until It is showu that all the ]
taxes conceded to l>? due, or which the Court can see
outfit to he pal I, or which can bo shown tn be due by
ailldavtta, has been paid or tendered without demand
ing a receipt in fall.
While the constitution of Illinois requires taxation In I
geueral to be uniform and equal, it declares, in express I
terms, tbat a large class of persons engaged tn special
pursuits, among whom are persons or corporation*
owning franchises and privileges, may lie taxed as the
Legislature shall determine by a general law, uniform
aa to the class upon which it operates, and under this
provision a statute is not unconstitutional which pre
scribes a different role of taxation for rallroaa compa
nies from that for individuals. Nor does it violate the
provision "f the Constitution of tho United States.
The capital stock, franchises, and all the real aud per
sonal property of corporations are justly liable to taxa
tlon, an<l a ml* which o*c.ertains thq value of all this by
ascertaining the cash value of the landed dcot and ul
the shares of tb? capital slock as the basis <?( ?ess
mailt Is probably as lair as any other. Deduciluc
from tins the assessed vnlua of all the tangible real and
personal poparty which Is also taxed, leave* the real
valoe of the capital mock and franchise* sub
ject to texauon us justly ?s any other mode,
all modes being inore or less Imperlect. It is neither
In conflict witn the constitution of Illinois nor Inevit
able that the enure taxable property ot the railroad ;
company should lie asccrtsloed by ihe State Hoard ol
Kqualizmlon, and that ilie Stat*, county and city taxes ?
should oo collected within each municipality on this >
assessment, in the proportion which llic length of the |
road within such municipality bears to the ?hoo
lergth of the road within the State. The tenon of the \
Hoard ot Equalization In increasing tho assessed value
ol a railroad company or an individual above the return
made to the Hoard does not requiro a notice to the
party to make it valid, and tho courts cannot substi
tute their judgment as to snoli valuation lor that of tho
Hoard. The Supreme Court of iba Stale ot Illinois
having decided that the law complained ol in these
cases is valid undor her constitution, and having con- i
Mrued the statute, this Court adopts tho decision of
that Court as a rule to be followed 111 tno ledcral courts.
Mr. Justice Mil'.or delivered the opinion.
ALABAMA CLAIMS.
MKETINO OF THIS COURT OF COMMISSIONERS
PROBABLE FURTHER EXTENSION OF THE
COURT.
Wasiiingtox, June 8, 187A.
The Court of Commissioners of Alabama Claims met
yesterday, pursuant to adjournment, and at onco too*
up caseaictnbraced in tho new calendar. Tho presid
ium Judgft announced, in connection with the cases now
beforo the Court, that "the Court proposos to call up !
on each day twenty cases, and If business enough for j
the day ia found in the call the rases will be prcsrntca j
and disposed of. Ifnot sufficient busiues* for the day
should result from tho call auy oth'*r cise will be taken
up out ol its order If tho counsel should be ready and
agreed."
The Court then proceeded In tho coll of twenty crises,
but not ono case within the call was ready. By agree
ment it ua* decided to hear ou Friday next the resrga
ment lu tno c.ise of the Brunswick, destroyed by the
Shenandoah, Juno 28, 1866.
No other business being ready, tbo Court adjourned.
The time limited by Congress for Qling claims expired |
on Tuesday. The whole number ot claims tiled reaches |
cart, which will render impossible tho completion ol the
Court botor* the 22d ot July, the time to whlMi Ihe !
Court was extended, aud there is little doubt but that i
the Court, pending the admission of new cases, will be I
further extended. This will be advantageous to all tho
cases, as it will allow further time for the war premium
and insurance claims to gala admission.
THE SPRAGUE, HOYT & CO. FAILURE.
referee's REPORT ON THE CLAIMS AGAINST THE
FIRM?LIST OF THE AMOUNTS ALLOWED AND
THE PARTIES TO WHOM ALLOWED.
Mr. William f. Dixon, who was appointed by tho Su
preme Court relcreo in the suit of the Berkshire
Woollen Company agaiust Augustus Julllard, receiver
of Sprague, hoyt ft Co., tbo quondam great lihodo
Island mill operators, yesterday filed his report in tho
County Clerk's office. Too releroe roports that the ag
gregate of claims against tho bankrupt Qrtn amounts to
$8,000,000, that but $3,345.460 49 of these claims have
bceu allowed, that ho has now in bis hands $1,320,000,
reserving a sum sufficient to make a dividend upon
claims not yet proved and allowed, and sufficient to
cover all estimated special demands. Ho can, out of
this balance, pay to those creditors who<o claims havo
been proved and allowed a dividend of ten per ccut on
the amount of their respective claims.
The following is a list of the claims allowed, which
wtll give some idea of the extensive operations of tho
Urm:?
Blapper A sternlle *5.730 A3
Amos K. Kno 11.453 07
Kilward Kchlttieu A Oo 17.2HU 31
Jacob Bo*ell 'iwi it
M. A S. C. Kldpath 410 1]
I'niuu Natonal Hank of Troy 5 720 7.1
lliddeford National Bunk 17.180 ft',!
Thomas 8. Hathaway 5,004 8.1
Union Mutual liimiranee Company 5,004 8(1
llenrv C. Oleason.... o'kmh 7 '
Bntland Comnty Natioual Bank 5,747 87
Tenth National Hauk ,\7.'ift ()!>
Tenth National Bank 5.754 7ft
National Broadway Bunk 5,75(1 4ft
National Hroadway Bank 7.7(jft 58
National Hroadway Bank \TV7 irn
National Broadway Hank 5,7o7 OJ
National Commercial Bank of Albany 2s]7?n i(~
(iershoti P. Kenyon U >
Weybossett National Bank 58,333 39
James L. Morgan A Co if tixft im
Journey A Layman........ 10,0 ? imi
Merchant* National Bank ,',37 < >
Executors of Klcbaid M. Blatchford 1, 87Hft7n't
Old National Bunk 51750 S
Merchant*' Surinam Bank 14 f*)4 34
National Warren Bank 10.K32 18
Union Oil (Company '709 fl7
lleorge A. Heagrave 8,4(10 8>
John E. Argill 3 0ft" 7-,
Amu* I'erry 1^.H4 118
?red M. Balou 5,00ft 73
Christopher K. Drown 2 281 31
J. A. Adam* ,\740 28
Leonard X. Hlodgett 5 tHi7 "<i
8am. V. Hoffman 11,465 ftti
1 l'henix Saving* Bank 5,ouft 70
I l'henix National Bank 10.7V8 m
The Coventry Savings Bank 4<>
The Coventry National Bank 32070 oJj
Henry A. Corr. a^is ,vj
National hagle Bank 50.308 3)
Merchant* .National Bauk of Providence, R. I.. 4.5,752 13
CunrerUud National Bank 5,377 38
Kicliardiun Knos..._ 3.38ft at
William B. Kimball 5*73h j?:t
William B Kimball 3.8 >7 77
John Bead, Jr ft,?53 73
National State Capital Bank 5.BR3 12
J.oan and Trnat Saving* Bank 5,7|imi3
Bbode Island Inatitnt.on for Saving! 3J.578 8(1
Kendall Manufacturing Company 5/xift 7n
National Bank of Wrentliam ft,1x1 70
hicliard 8. Fern ham. 5*(iU'i 7?
William K. Andrew* 5|72H 27
lioiace K. Blanchard 2,855 07
Jacob Molt, Jr 8*71)4 7m
Charles A. Harris 2,277 4ft
Robert 8. Dean 3 5<r> 88
Mr. J. Lewis A>13 nft
Pawtucket Mutual Fire Insurauce Company.... 17 047 x-?
l'awtucket Bank..... 13.481 00
Sinn Hock National Bank 70.3! 15 oj
Aalibei Wall 3-844 88
Kim .National Bank ofNewoort. K. 1 8 88.5 87
Aquidneck National Bank or Newport. H. 1 111-4t>7 rt
Stafford National Bauk 0,'ltfft fti
Mo'.ument Mills ll t?w 78
National Bank of Rutland 5*680 70
M. 8. Mora A Co lo)oi | ft|
The People'* Having* Bank of Providence 05.O/4 7??
New Haven Trust Company 5 740 33
< oinmeri:i >1 and Farmer*' National Hank 3,'338 7ft
Kutus Sargent ftH ;j,-,
Schelle Bros 1(1.1*14 tW
New York Lite Insurance and Trust Company. . 1 l.ft.'m it8
Mechanics' National Bank II 40o ift
*?*?? *??'"*? li:3.(8 48
John r. Mauran... ft.004 n;
Thompson National Hank 6,dial k?
Cltisens' Savings Hank .V0D7 30
I'lornix National Bauk 2h,ksh >3
First National Bank of Putlum, Conn Kmski 7j
Potter .* BuRlngton ftV-83 83
j.iliii Harney 23,'133 47 !
Thomas Milton 5,7117 (si
Tliorne, Watson A (Jo 33,!i3o 711
Isaac M. Potter 5,7t?5 47
Klton Hanking Company 13,81V 38
Courtlandt P. Field A Co 5,713 |)l
J. Mrauss. Bros. A Co 38|.V(7 ttft
(ieorge Mohlev 5,720 7ft
Kenyon A Coon 5.144 (W
Henry K. Smith ft]7 <1
W. II. Seagrave 5.0)4 8)
Harriett K. Simmons 3.28a ft)
Kirst .National riankol Sinithtieli ft,701 0,1
Am sa ^. Wcstcmt 3 4J(i ..7
PI st National Bank of Warren 3h7ns 41
Henry C. Bowen.... 3.1'77 X't
James (!. Hidden 7 IKM (<4
I'.lieni'K'r Carpenter I0 7i|ft 40
Joliu It. Hartlett I4,3|ii 44
Joseph Dean ... 3,5(12 K8
Dsniel W eaver 3.'.'xi3 74
Henry I'carce 1 .tsti^ )|| |
(iidron L Soencer ID,011 53 I
Cliarles iV. Mi ore ft'7.">' hi! 1
fc. W Koas A Co 2.011 3? !
I- County N11ti011.il Bank 11.511 57 i
Cltj Nation .1 Hauk ?t Hartford ft.Oiri 70 I
Justin A Bliss 1,818 8 > '
Taunton National Kank 2"?.irj.i 17 )
William II. Henderson .'Ml ">.>4 1
I.C011 V. (ialiagher 11 474 3ft 1
Junius 8. Morgan 15fl.:iot| 74 I
Butchers and Diti.erV Hank 5,(1(12 07 I
Nanorial Whaling Bank of New l.nndon 11!4_S? Id
lleury A Atkln ?\7mj 117
Hcrmn ('. Keuyvn 3,4.">i> 40
Manufacturers' National Bank 48/>ft 1 4?
Mary H Seagrere .'i'imH h<?
I nion Saving* Hauk 17,211 li.i
Kpliratm S. Jackson 3,28!) lift
James M. Cunliff ft,O0.? 7ii
A. (i. Still well 3.444 81)
Hlllt Nation il Bank l?i,i?m 1x1
Mei baiucs'saving* Bank 5,00"1 7 ,
Mary Pierce 3.UHH 8j
Nicholas N. Spink 5.71H H8
Wale lord Savings Hank 32,2.'>4 .'.7
Wafeiurd National Hauk 32.^117 7.?>
Wahton Bouse H,ft(l7 &tl
Ktnjon * Coon 30.O28 80
'ill.una* I) Wilbur 5.74J 4!i
City Savings Hank ol Providian.e . . .l,7UOIt 11 31)
rian'ord Duriee >, sg> 7n
W iiolham i .iOnty National Hank ft.iloft lift
/.elves Jeuks J.iln 411
Cranson (;. Craudall I.'iil 14
(ieorge W. ('hluman A Co :,3| D7
(Jeor^e S. Mouitou, Ksecutor 5.7IJ | (
Wi.limantlo Savings Institution 32 87:1 21)
Second Natlonarilank of Cooperstown ">,72ft 55
Am^rlenu Kschange National llank 3ft,IJUJ ;o
William lleller 4.214 ID
New York Mate National Bank 5.7ft3 :?i
Henry Marks 5.7:?i 48
Abiel B. Msrkt ?>,?!)( Hit
Jantfts II. Ilasleburst A Brother ft,7 rj 2-',
Savings Bang of Daubiiry 17,:il)n 8K
Joliu Wheeler ft,70* j|
Uliver B. Tweedy ... ft.o 4 hi|
Joseph Weil A Brother .. II.Komn
Alex Biir.es* .\7.'il> 7ft
A. Burgess A .-on 8.42,'. 43
John Palmer 2.HJ2 .8
Windnam County Mutual Fire Insurance Co... 2,50.' 88
Kingston waving* Hank 2o,7l4 51
Charles II. Whipple 15,014 4'l
Jeremiah (i. I'eiXham 5.727 3.1
A. C Matthewson ft.o ift 7il
Marcy Cargill 5.7*147
A. N. Heckwlih 5.70H n7
Kdwin A t weedy 17,172 22
John C. Itunkla 5 748 km
K. II Kellogg jj4
Angeline K. Darl ng 5.7n7 77
First National Bank of Palmyra 5.7o7 isi
National Hank of Commerce in New York 7".""II 87
J. K Hugliy A J. C. Hall 3.*C > Ott
Wood-lock .National Haak ot Woodstock 5,754 )>4
llartwell t llsgrrd. executors of L. Hall 1,0)1 I
Nemurl Foster 5,UOft 7(1
Henry A. Ilidder .... CtMHH 51
Nsnonsl Kagle Rank of Hrl?tol 5,0n| 8<;
The Uroceri and Producer*' Bank ef Providence. (*.*>7 HI {
Yt tndham Cotton Manufactsring Company *7,005 !'K
Northern ll??ik ? M
'thorna* Phillip. A Co.. ?? 4.45K 7>
Philip N. Dm nic 5,*X S?
llanovrr National Bank 15,74<l 4d
Jokeph Faulkner 5,75 1 HI
Ocrire K. A dee 4.245 7.'t
Daniel II. Mill* Itt.tKil "H
l-.dwin U. Anttell '.,.*"'l 4H
1.011 is (i. Snidor., . 3,lrtH til
John K. Atrnewetal 2*_'.w27 It.i
l.ydla K Kendall 2 Hi 5 it I
I rederirk J. Cnn.int 1I .4(V% M5
Warwick Inatitntlnn for Ha?inn?. f?ll,lT>7 55
Centrevllle National Hank ?l Warwick S.tW 75
N?t ounl Hank ol itoyaltou 2I,9HH 5 J
Thompnon Newbury 25.H24 **
Krderlck A. Kins ?.'.<??! 05
John L*. Dodge . It 0.**t 7*
il-nnci l< HrumlfT Hill Mt
M H. HannUter A Son 1.IHH 01
Central Hank of W??teh#Kter Co'inty. X. Y 5.7>7 7)1
New York National KxchanKO Hank 4,177 (>'
(?reenwich Sa?iu.r? Hank r>,l il *7
Konvon, Potter A Co ? '?'-7 tut
Tovrii.uud A Mont ant ?.<??? *il
(iaorge I, Strn 11 on A Co S.Tifl 7:1
J. >1 Marletimt A Co 5,7 -8 :t5
Levi lley 5(12 <tj
A. Hoffman A Co ? 1511 ;Mt
John Moir<*l 5,71 H rt%
llcrk-hlrn Woollrn Company Wl,5lttt 24
John Foater :I4,"20 01
Charlea K. Latimer. 'Irnatee. Ac |.i,Jt>H 47
Kirat National Hank of Mid iletown. Conn 5.7. 7 50
Stephen A Allrich M.OIH ll
K. W. Wat*..n 5.711 nil
Wanton Durfee ll,?ltl 1'
Cl.arle. W. Iloihrook 8.<H? 4* I
Marr J. l<ow1t 5,Ot4 *0
Ira Ho.ta ?<(?
Jusialt W. ICIrhurdunn . H,tSI7 3.'
John I*. Campbell 1.5(11 40
John 1*. Campbell A Co |t>, 'H7 HJ
Second Nh i"n?l Htink of Proridenco 1*.772 "?(>
City Natio-ial Hank of i'roekisae* 5,754 '. 0
Kim National Bank of Hriatol '<,(?2H
Hriktol lu?titutiou lor Savins* a,Htrt 05 <
William W. Paine -71 ?tl
Samuel Church 5.'<J5 7t?
Hannah B. Smith 2,m I
P. W. Arnold 5 755 III
Alhcr (I. l/owry H<,?t7 58
Lavinia Lowry 1I.4W ?l |
Kdwln a. Smith 5.C02 7(1 '
J:>mo> M. Campbell 42 Sin 20
John K. KpneKltcltner 5,070 7'J
Matthew llrook* 5 "711 50 ,
Chart,., II Smith H.45 1 IS ,
National Mechanic' Hank 5(1 '(II II
Fritl e? KoberU A (V 11.4 >5 Oil
Rhode I land Onion Hank l''.7in t>8
William 11. Stafford 5.7(17 CJ
New Knirlnnd Commercial Bank 5.(?i| 85
AdmliiKtrHtora of D K. Swinhurn li'.OII 1*1
Hrintol County Nntinnnl llauk 5.1(0.! H
New ar . Citv National itank 5.7.M tttt
National l.'nion Hank. Wootuocket, it. I... .... "(ttil'.i Jtt
J N. lliintinutoli A Co Il.ull
Joel Svmond< 5.(1'rt 7'l
J N Hayne? Kl.OH 5J
Philip .V. Ilarkina ^MtKI H(t
(ireetiwich National lla iK 5,UU5 7'i
l;a?t Itivar National Hank 5,<U. 7(t
American National Hank of i'rovidanc* 4t'4H (W
\V. A. Ilobinvon i Co. ...... 5,0 t > * :l
Hotter Avrill l._2il 54
First National liana of Yonker< 5,75'J ''2
Paria Ilill Sfl.l-'H
I'ockinrham National ll tnk of PortMiionth 5,5(11 ft)
Whilinavtllo National Bank 15,014 t-ft
Jame? A. Brown 14. 74 H7 I
Mechanic*' National Hank of Providence 2(1,518(0 :
Nnthau B. Waldron - H.S57 77
Wa'dton, Wtirhtman A Co 5,Tfl U0 |
T. it. White AC aO.'tllliO
C K. hitker a.CMM !
William Bullock 5.110% 7.1 1
Kir?t National Hank of Warwick, .V V 17,217 77 >
Ulltta II Oreen 112, 4'1 ( O i
Yor* County Savlttox Hank 5,tut.% 4(1 .
Ulolio National Bank of PrDTldence 5tt,(K>7 (fl
Total P!i,:?4 >,4?'J 40
RINO RULE IN WESTCHESTER.
TRUSTEES DIVIDING A WAT THE TOWN'S PltOP
EltTT TIIE DEEDS SET ASIDE AMD THE
GUILTY PARTIES INDICTED.
How the King thiovos of Wcstrhosicr wero made to
disgorge the property plundered trom the town was ox
emplifiod in a suit Jn tho Supreme Court, held by Judge
Barnard, at White Plains, tho town of Westchester
being the plaintiff and William Cooper, John T.gho,
Joan H. Davis and oihers the dofcouunts. The cause
o( action is set forth at hirgo in tho plaintiffs com
plaint, and, Irom the statements therein set forth. It
appears that the town of Westchester and tho Trustees
oi the town of Westchester owned und were in the por
tion of certain valuablo real estate sttuuted In tho town
and that this ical estate was held by ihe town of West
chester lor the purposes of supper:lug tho freo schools
and maintaining a causeway and mill lor the use of all
the inhabitants of the town. In the spring of 1874 the
defendants, John U. Davis and John Tlglio, together
with one Daniel McGroery, wero elccted Trustees of tho
town. Mcliroery, not relsihlug the programme laid out
by his two fellow Trustees, resigned his omeo and would
huvo nothing to do with them. The vacancy occasioned
by this resignation never was filled, but tho
two remalnlug Trustees Immediately constituted them
Try.e.?i?tO,n0ofpor'lUol'.r,,nU c"'le<1 thomseivea ' tho
1 rusleos ot tho towu ol Westchester," composed of onh
two persons, themselves and no more, showing a total
disregard ol the somewhat familiar rale ??that three It!
number arorequisite to mako a corporation aggregate "
Davis and lighe immediately procoedud to business.
They went out of tno town of Westoliester, although'
!?? T?^n0H0MC,.lw 1 lh.c,r moeli,'K* shall be held in
p Westchester, to their attorney ? ofllco
J i 5 J arms, and in one night they ootveved and
deeded away all ot the lands und property belonging to
tho town to their lew select friends and relatives, i ho
cutis.deration expressed in the deed, none liaviug breu
over actually paid, was merely nominal For
example, they deeded and couvoyed the prop
erly known as tho Mill property and all tile
r'ght to tho Westchester Creek to tneir codelenduu
Cooper or the gum of fl.OOO, and at the same time
irntS ih. Sr,,I,lCe *-'L00' wl,p". '?? and in
troth, the same properly vvns worth with tho mill and
water right "t least f/iu,000. To a nephew of ono of
llnftL " pa" of w,ul |K knnwn ?? tho
?'00 whin .? iVV .V C"nTPVC<) lor the sum ol
f Jh) w hen, in lact, the property was worth fft.tJOO
1 his nephew never took poisosbl.m of the proiH-riv
hut his undo, John Tlgho, one ol these very Trustees'
hlm?lTTi,H .W,.n' fr*'utj U,ttt "?? frustoe sold to
I .?L ! "1L" . 0 net,ho'?. and in this manner
I ?? i 01 ^eht''hcster uianaged iu ono
night to divest tlie town ol ull its property.
' niTr'/r,11"'1'!'.01'1' elected a new set of Trustees?
Messrs. Maters. Mapes mid Baieley, three repuiable
and Honest freeholders? and, as tho saying is ihev
[ s.rpbcd and went lor Davis and ligho aiid\l,e,r
gi unites named in tho aeed. The town officers
promptly took measures to puuish those fellows Tho
wo" injU'Odiately placed in the hands ol Kdmou
Blaiikman mid Jatkem O. Dykmati, now Judce Dvk
j man. These gentlemen at onco liled a bill m equity
against all these parties to have tho doeds ol coiivuv.
auco soi aside. The causes caine on to ho henrd first fit
f,!lT?LTT V afterward at General Torm. before tl,o
full Bench, who heard tho arguments presented by
Kdinon HlaiiKtnun in behalf ot the town to hava tho
deeiitt declared void. The defendants were represented
by Juuges tiiflord and Hunt. The Court, after hearing
both sides promptly rendered its decision declaring all
these deeds absolutely void and directed judgment to
be entered at .Special ferm in eonlormily with this do
cision \ esierdsy, at White Plains, the Supreme Court
?n to i.o cnierod ,.gain?t
all the defendants, und dlrectod the Regixtor ol Deeds
lor the county to mark ihe record of these fraudulent
conveyances and deeds, "Cancelled, void, and ol no
force or eflact ' The Judgment also directs that the
defendants shall pay costs and extra allowance and
th.it they lorlhwith account lor tlio icnts, issues and
prollis arising irom said property, snd that the |and?
and property ho lorlhwith returned to the town of
thur" *?tting nn examplo lo evildoers,
h , y" c"un|y >'??? "'so found a true
bill ol ind.ctment against these would be Trustees i.n
cause ol their misconduct in ofllco in making the*e
fraudulent conveyances and for fraudulently apprnpri- ?
sting the money and property of the town, and they i
will now be tried upon this indtctinent. .
BOBBED BY EMPLOYES.
fioodwln K Co., Ihe tobacco manufacturers ol Sot.
20. and 200 Water street, who employ Irom 1,000 to j
1,500 hands, have, during tho , ust seven months
missed large quantities of ilwlr stock. Tho caso was !
placed In iho hands of Detective Jackson, of the
*ourih precinct, who yesterday arrested Chariot
Baker, one Of the workmen, and lound len pound* of
tobaeco on his person. On searching Baker's rooms at
Hester treet the detective lound a Isrg.. trunk
completely filled with the choicest lotiacco. linker whs
livid lor trial at the tombs yesterday aiternoon Othe? '
arrests aro expected in the cuso "in.r
Special Detective Brllton, ol the Post UIDce Denart. I
tnetit, yesteiday morning arreted Joseph Dcboe u
h-y seventeen yours old, lor robbing his emUovers
Hoshiro \ Co., ol No, All Cedar sir.el, ol f.ioo t?orili n't
poekeibooks, gold pent and o her luncj articles, rho
prisoner, on being arraigned belore Justice Murray at
he I ombs yesterday, confessed his guilt and Said he
had sold the aioien property In various stores und io a
bartender named foofey and a .lo. rkecper at t"e
? !i"r i*"1 ru,,MlrP. fumed Melville, lor si- j
most nothing. He was held lor trial.
\ KLTAIANN'S ALLEGED FORGERY. I
? I
W ilham V. Veltmitin,. the bookkeeper of Messrs. I
Brvoe* ?m|>h, liqu.tr merchants, No. s:i Front street, 1
who is charged with forgery, was arraigned Itcfore Jus !
lice Murray, st the Tumba, yesterday morning, by oft). J
cer Finn, of the Broadway squad. Mr. Allen J. Ap^ar,
cashier of tho Merchants' Kxchange National Bank
testified that on VtYdnesday Vcltriuun callod at the
bank and presented tho following checks for deposit to !
the credit ol Bryco k Smith:?On; of Jones k Smith '
for $.i.250 75; James B. Bennett, for |4,7MJ 3*j; one of !
Williams k ?euton, for $8,3W5 41, and one of Orington !
Bros., lor M, making Id all ?l;?,.V.il m. The
which purported to have been indorsed by
. 1 ~,n"h; w,',e te|>osited to the crodit of their i
account. Twn hours after Veltmanu returned witii a i
check pur|>orllug to have bewii drawn by liryeo .v
Smith in favor of W. H. l.oith .or *U760 75 and
asked to have It certified. Not suspecting tho cheek to I
bo forged Mr Apg.r certified i^ shortly after it w ? i
dis?overed. tnat sil the eiiorks wero lorgenea Mr
Apgar and Mr. Bryeo made forma) affldavits charsma
the above facts against VelltnaOD, who wn hehl in
9M.0DU bail Cou use I for the prisoner demanod nn
rxsminanon in the case, which was ?et down lor n.-xt
h?J'Vn' V, a"rrn"?'\. V-ltmanu, who ws. tmmtSa
cl rk In the Fonrth National Hank, in his fnrmsi e*
amiiistion said that he was forty.four years old iH.rn
in Poughkeepsie, resided at No. lit
Brooklyn, and was not cullty. Detective* Reillf tod
Von t.e rub ten. of the Central Office. are Marching for
the uiau Leitli, to whom Yeltmanu la supposed 10 tiive
given tbo certified check, as n waa not found id bit
possession when arrested by Offloer Cum.
FIGHT IN A BROADWAY RESTAU
RANT.
A flfiht occurred In the restaurant. No. 294 Tlrntid
way, yesterday afternoon, tietween the proprietor,
Oabrlel L. Loewenthal, and onu of hia wall
er*, Charles Stockmad, ol No. llfl Hester
street, during the cour.-e of which the lattei
waa struck on (be lie id w ith a lifer glass and badly
cut. Mr. Loewenthal, on being arraigned hcloru Jastica
Murray at tbe Tomb*, staled that Mo<kuun. while
drunk, Insulted himself aud wife, and iliat beaded
atrtctly in sell-do fonoe. Hu gave $M0 bail to appear
lor trial at Special Sessions.
BASE INGRATITUDE.
A year ago Mr*. Cathorino Bowors, a widow lady
residing m No. 430 K ist Eleventh stroet, found John
Krauts, aged thirteen, running around the atreet
parontlcsa, rugged and hungry. She took bim under
her protection, led. clothed bim and kept bim In her
hou^e to run .-mall errand*. On May 27 be disappeared,
us also did u goid watch and chum, value $ltfo. winch
had belonged to the late Mr. Bowers. Officer Krken, of
Hie Thirteenth product, who arrested the lad oil
Wednesday night, inlornied Judge Itixby. at the Eimx
Market Court yesterday, that hu bad received lulorma
tiou that the prisoner imd sold the watcb and cbalnfor
(1. Master kiau.-.s was held for trial.
1HE BOY HOMICIDE.
Corsner Woltninn held an Inquest yesterday morning,
at the Fifth precincl station house, in the case of Freder
ick Lawier, the hoy ot fourteen yeura of age, w ho waa
stabbed and instantly killed by Andrew Moore, of about
the name age, lust Friday afternoon. Several uiUicsst s
were examined. Patrick Kerwln testified tbat Lawlor
struck the prtsMcr over tho head with a piece of tar
roo:nig paper, und that the latter said:?"1 don't, want
you to do that again." The deceased walked over to
Mooro iu tho attitude o! striking, when tbe latter
pulled out u kuile with which tie stubbed Lawyer.
1 ho jury brought in a verdict thai Lawyer's death
whs the result ol a stab wound inflicted by Andrew
Moore. The prisoner, by advice of (ounstl, rcservod
his htatemcnt.
COUONEltS AND POLICE JUSTICES.
In reply to Coronor EickhofT* answer to tbe letter
sent him by Justice Kasmire sometime ago, Justice
Kastntre yesterday addressed a final noto to Coroner
Kickhofl. Tbo Justice thought that the question at
ii-sue was not understood by tbe Coroner. lor ii was Ig
nored altogether in tbo letter. Justice Kasinirc a ,a.u
quoted the law points relerred to by thu District At
torney lor the Cornuer's inlortnatiou. Tho question at
issue still remains unsettled, and both parlies are now
awaiting a teat cjso.
A SENSITIVE SUICIDE.
About flvo o'clock yesterday morning the body oi
Peter Ueuiher was loutid by a workman employed in
the brewery ol Joseph Henry, coruor of Liberty and
Sbctlcid avenues, East New York, lying in the grass
plot in front of the late residence ol tlio deceased. Tho
man immediately iniormod his employorof the circum
stance, and tbo examination of the corpse showed that
deceased bad shot himself with a revolver in the right
temple, the ball passing tbrougbt tbe brain and pro.
ducmg instant death. The weapon was found by lis
side, in one of tbe pockets of Koulhcr, who worked
lor Mr. lloury In tbe brewery until May 31, were lonud
two letters, showiug tbat the act was one of delibera
tion and design. One of the letters was addressed to
his former employer, aud .iftor thanking him lor many
kindly acts lie bail received at Ins huuus the writer
went on to state that he hud been charged with having
seduced a young girl while taking her borne In a car
riage from Jones Woods' some weeks ago. Tbis accusa
tion, he declared, was lulso and totally without founda
tion. und he had not tbe courage to bear up against the
charge. Tbe oilier letter was addressed to a woman
residing in Allen street, New York, providing for hia
burial und a disposition ol hiseilocts. Keutberwaa
thirty live years til age, a native of Oermany und un
married. His employer speaks highly of bis character
lor industry und sobrioty. Coroucr Ssiintni waa notl
flod to bold an inquest on tbo body.
SUICIDES.
Augusta Brunner, aged thirty-two, of No. 406 Wert
Filth street, commuted suicide early yesterday morn
ing by hanging herself to ? bedpost while temporary in
sane.
An unknown man Jumped from the ferryboat Mon
tana just alter tho boat lelt Williamsburg on tbe half
past ono o'clock trip to James' slip yesterday after
noon. His body was uot recovered. He left a coat and
a dark hat on board tho boat, which wero taken to the
Fourth precinct suulon house.
BROOKLYN POLICE.
GREAT LACK OF DISCIPLINE OF A BROOKLYN
PKKCINCT FOBCE.
On Sunday morning, May 2.1, Katio Keboe, a young
servant nirl, was token to tho woods near the Bouie
rard, Brooklyn, and outraged by a gang ol rufllaca.
Ttio rase was reported to the police ol me Twellth pre
crct the eimv night, but it was not communicated to
Superintendent Campbell till tbirly-six hours later.
Cuptain \V. J. Kaiser was placed on trial yesterday, bo
foro tbo Commissioners ot l'olicc and Excise, on charge
of '-neglecting lo.take proper measures to Invektigate
and causo the arrest of tbo parlies concerned in tbo
outnigo committed upon Katio Keboe." Sergeant Mas
terson was alco charged with lulling to enter tho case
upou the returns. Sergeant Masterson wa* accused of
not having euiered tbo case on the blotter, aud Rounds
man Carney with having tailed tu investigate and re
port ibe ease when ordered to do so. Tuo Cap ton
denied tbo charge, and explained that tne ser
geants hud lulled to make the proper entries on
tho blotter and returns. Musterson tcatiiied
when the case was reported to him ut mno o'clock on
the Sunday evening in question by a mm, who ws?
very fltthy In apjwaranoe, ne sent live ofliccrs out to go
in search ot tho woman. They wero absent hall ao
hour, and, returning, reported they could near nothing
ol such un occurrence. He men sent tho roundsman
to tho girl's hoiifo to llnd out whether she was missiug.
On Tuesday morning h*> sent n his report to Head
quartern, Serscnnt Sheridan, who relieved Ma.*icrson
at tho desk, testified that when Roundsman Carney r<>
turned ho told him Kate was missing from tbe bouse,
and witness then sent out the resorvo to look lor her.
Katu Kthoe's statement charged that a stout police
man, with u sandy mustache, came to the woods wbers
*ho was held prisouor, at eleven o'clock nnd arrested
one ot the rnillans, i*ut let him go alter taking a drink
Irom a bottle given bint by a man. Alter some (urtner
testimony the case was adjourned till Tuesday next.
A MYSTERIOUS CASE.
Robert Dillon was found dead in bed at his boarding
house, No 120 Wjrcfcoff street, South Brooklyn, yester
day morulng. Yesterday morning the landlady heard
him breathing heavily, and on going to bis bedside
lonnd that he was dying. She sent lor Dr. Bell, of
Warren street, but Mr. Dillon was dead belore tbe phy
sician arrived. Tbe doctor found by the bedside a vial
containing what is supjtosed to bfl extract of ronium,
or hemlock. The drugust states that no such druj
was sold at bis store. I>r. Shepnrd will make a post
mortem examination ot the body and the Inquest will
be Ik Id to-day by Coroner Sim ins. Docoa-od was a wid
ower, ol Kuglish birth, lortv-lour years ol ago, and
leaves four children.
COUNTERFEIT CHAMPAGNE.
Nmr York, June 8, 187&
To tab Editor or Tit* Hbraud:?
Tho report in yesterday's Issue of your paper, al
though in the main a correct account of tbe proceed
ings docs me great injustice and may prejudice me
beloro tbo public. I, therefore, ask room to stmpijr
state the facts. Mr. Philip Houe, from whom 1 had
been purchasing Philadelphia ales and porter, told tne
In December last that he had purchased a lot of cham
pagne at miction at a low liguro (no uncommon occur
n nee), and wiahed mo to take Mime. I told him thai
ho might send me one case of quarts and on* ot pints.
He sent them to me, aud I sold mem. I had no Idea or
suspicion or any cause for any suspicion that it waa
not tho genuine <i. U. Mumin & Co. V i hampasne. Sub
sequently Mr. Krederick De Barry, agent lor that w<ne
In thi-< city, called upon mo personally and exhibited to
me a bottle, on which ho said there was a label that
?n- a very clever tin it ilton of tho label on the Muinro Ac
Co 's champagne. Thereafter, with the IDtentlou of
making an examination of the wine, I ordered from
Mr. Hone another case, which he aent to the
store. When that eame I was absent, aod. as I am.in
formed, Mr. Hone's wagon had scarcely left tbe door
lie fore a young man came, who stated that Mr. Hon?
was short of "pinis" and wanted the case returned,
anil tuc clerk, w ithout know-edge or any oi tho c,r
cumstano's. returned the cano. Andtttlstsalllh.il I
have ever had to do with tbo alleged counterfeit cham
pagne. It is enou. h for me to say that I have never
sold any article with a counterfeit I a b< -1 on. Of this my
saetemcm are the best jadses. Itospectlully yours,
J AM KS S. JACKSON, No H8, *&, Sixtn avenue.
8TABB1NO AFFRAY.
Rebert Reed, a colored girl seventeen yearso^na
of No. Varlek street, received two severo stai
wounds In ber right arm at her residenao )estfnbjf
afterrn on from a kntte in the h.'icdlMN Joseph Hol
coiub, also colored, of No. lift West Houston street.
She was taken to the Chamber* Street Hoipital. llot
comb etcaped.