The New York herald. [volume], June 13, 1876, Page 8, Image 8

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

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THE COURTS, j
Still Striving to Solve the Rapid
Transit Problem.
THE HARVEST QUEEN MYSTERY.
Bleecker Street Railroad.
Receiver.
SUITS AGAINST JAY GOULD.!
An effort to obtain a judicial solution ot the rapid
transit problem promises to occupy a good Mi a re of
lbs attention of the courts for a good share of tho
time. In Superior Court, Si eeial Torin, before Judge
kdgwick. which is being temporarily held In the
?eneral Term room ot tho court on account of a largo
it tendance, there wan resumed yesterday the trial ol
,bo putt brought by the Sixth Avenue Railroad Com
pany against tho Gilbert Elevated Railroad Company In
restrain the latter irom bttilutng its pNftsnl tracK
?vor the Sixth avenue road. Tho humorous array of
counsel were prevent, and there was evident a iu tut
testation on both sides to fight it out on this line il It
takes all tummer. Most of the day was occupied in
the examining ol various members of tho Legislature
In 187'i, tho tuno of tbo passage of the Gilbert Ele
valet Railroad bill. The parlies thu examined were
ix-Scnators E. C. Bcncdict, Webster and Wagner and
Messrs. I>avl 1 Dciherett, David D. White, Austin
Munn and Oripon Vanderberge, members ol tho
lower house, ntid some others belonging to tho Ingtsa
tlve railroad committees. Mr. iienudici testitied that a
plan known as Gilbert's Improved Atmospheric Ele
vated Railroad was submitted to thu State Senate iu
1172, ol which he was a member. lie was not a mem
ber of the Railroad i ujiui.uteo, but he telt It was his
duty to inqairo into thu matter .>s being u -ubject of
Interest to ins constituency, lie saw ;i lithographic i
picture representing a gotbtzarch. It was showh to j
different M uuior-. Tho tirch rusted on columns, tho :
apex of tne arch being in the uontre of the street. Ho i
re ognized a picture now us tho plan it? question, llu ;
knows ol uo oilier plan designated ns a plan of toe (ill- j
Don Elevated Railroad submitted at that .-essiou of tho
Senate, ou cross-examination Uo stated that tho word j
"aimoeph rlo" was left out aud thu words substituted ;
"io bo o|?erntcd by the plau Known as the Gilbert Kle- j
rated Railroad." ftie lesiimony ol tho others was In j
lubstanco that tho plau pr< posed was a tubular road 1
ind did not contemplate the possibility of being ruu i
by steam.
llr. Theron R. Butler, presiduut of tho Sixth Ave- J
nue Railroad, wan exauilueil at great length. He rtuled
that tho company possessed over $2,000,000 worth ol
property, ol which over $1,000,000 comprised real es
?ale.
A good class of passengers rode In tho rsrs, one-lialf
were women aud children, and they aro ot all classes
aud conditions, He was familiar with the kind ot road
Itio Gilbert Elevated Railroad Company propose to con
struct. in Sixth avonuo. In his opitiou uiore than one
ball the horse* on tho Sixth avenue road would become
frigutencd and fractious at the running ol steam cars
over the track of tho road, and freqoent serious acci
dents, in view of the double row of columns, would bo
the result. He described at length how such accidents
would occur and tho nature ol tliein, and also the lia
bility of accidents Irotn passengers In alighting collid
ing w ith tnc posts of the Elevated road, togother with
the norvous eilccts upon the horses of tho road, thrro 1
being atiout l.-ou constantly employed, by steam
tars rununlrig ovor them. Ho was a-ked as
to what would lie the effect upon property on Sixth j
avenue in caen the plan lor building tho Gtlhort Kle- |
rated Railroad was curried out us at present pro- I
posed The opposing counsel objected to the question, I
wbeu Judge Sedgwicic intimated that this inquiry !
ought bo obviated il the other side would concede to I
too right of indeiiiniilcation by abutting property own- i
rrs. I lie counsel, however, desired time to consider
this proposition. The Court adjourned uutil this morn
ing, wheu tho opposing counsel will mako known the
result of their conference upon the question.
As an attending leaturo ui the trial there was scat
tered about the couit room yesterday numerous
printed copies of ''An Appoal to the Public from the
Sixth Avcnuo Propcriy ttoluers," setting forth that
their property on the line ol the Gilbert Elevated road
Is to-day worth more than $80,000,000; that if the road
Is constructed and operated at least one-half of this
valuo will be t'iken away, that numbers of ownors of
properly will bo ruined; that there is but one sufo and
tound principle upon which to staud, that no stroot
should, unOur any circumstances, be tskdh lor steam
railroads, and that on this principle property owners
ought to stand.
There was also resumed yesterday before Judge Van
Hoe.-en. holding Special Term ot tlio Court of Coinmou
Pleas. tho taking of testimony In the trial brought by
the Ninth Avonuo Railroad Company iigaiust the Green
wich Elevated Railroad Company, tho additional tes
timony was mainly cumulative, no more locts ol Inter
est being developed.
THE BLEECKEIt STBEET RAIL
KOAD.
Rosponslve to the accusations made by tbe receiver
of the Rleecker Street Railroad thai tho directors oftbo
road who were seeking to lease it to the Twenty-third
Street Railroad Company, wero not acting In good
faith or In the interests or the stockholders and credi
tors of the road, chargcs wero made against the receiver
fcf Incompetency, and (or the purpose ot getting ut the
bottom lacts Judge Donohuo appointed a rnlcroc to
take testimony in the case. The tint hearing before
the Celereo took place yesterday, at wbich time the
whole retinue ol counsel who hare been conduct
ing tlio various litigations in the courts in
regard 10 tho road were present. The witnesses ex
amined were:?Samuel A. Cuinuiingtou, (icorge (?. Wii
son, John Kawcott, Samuel l*. Warner, .lohn McLarren,
Wiiiiam McMillon, John U. Kickway and John 11. Run
ter. Most ol ibeui testified thai they had seen the
man uuder the influence of liquor, but on cross-exam
ination their hostility to him became very apparent,
rever t! havine been discharged ln>m the road and two
or three being n?w in the employ ol either Jacob
Sharp, Pp'-ident of the Twenty third Street ltoad, or
JoUa T. Conover, former ('resident of tho Ulcecker
itreet road. Tho first witness named said that he
now kept a livury stable, having been dismissed by tho
Receiver after the latter came into ofllce; his duty lor
the road waa 10 have charge of the punches, anil ho
did not know that he was discharged because the re.
ceivfir had no confldcncc in him; he became a witness
at the request of Mr. Couuvei, but lie received a
suhpeun* irom Jacob Sharp; he hoards at his stables
neither Jacob Sharp's nor Conover'* horses; he admit
ted that ihrue o( the horses belougcd to John T. Con
over, and when they were brought to his siable they
were taken Irom the Rieecker street Railroad stables.
Counsel lor tbe directors and officers objected to lur
Iher testimony' on this point, as there was uo charge of
keeping horses in the company's stables Mr. Sullivan
laid the conduct ol the officer* In using the company
for their private bene'it was distinctly made by the re
seller. and tlioy intended to show that the olheors kept
their horses there-and iboir cows there, and that in lact
the company itself was regarded as a cow, wbich tho
officers ket>i milking for year* at the expense of the
stockhohlers.
.The referee held the testimony to be proper, and tho
witness coniinuing. said ho had been six months in tho
service of tho railroad company when the receiver dis
charged him; when tho receiver came into office there
was some difficulty about finding tho money which had
N?en deposited lor punches by conductors.
THE HARVEST QUEEN DISASTER
The examination Into the circumstances attending the
collision of tho steimslnp Adriatic, of the Oceanic
fte.misbtp Company's line, with the sailing vessel
Harvest Queen, which resulted so disastrously to the
latter vessel in the Irish Channel, on the night ol the
80th of December, lfi'6, was resumed, and, for tho
present, concluded yesterday. From the testimony
elicited on behalf of the steamship company, and the
theory for the lirst time advanced by cono-ul lor tho
disappcarance*of the 111 fa'.ed vessel, additional mystery
Ins been thrown around tho cause of the disaster.
Raring the hut adjourned examination twelve wttncsej
h.ive i(.'stilled, ail oonncctod with tho company .,nj em
ployed on the steatn^r at tho litno ol tbe collision
AmoMg the w tnes-es w ere the second and lonrih vfll'ers
ol the Asfistk, Mosrs. Mctiachun snd Bradi. rd, Engi
neer* K itclion, Will.ama, spears, (iarbcrauJ McKarl.iiie;
Quartermasters Willn IM Medullen; <.arpemera sni
Joiners Hctflnnis* and Crtllon, and Hoaiwam'a Mate
Hughes. I ho testimony of these witnesses, taken at
great length belore Inncd OiatMCtMlMloncf Ull
bort, ep inmiscd ni l ail the sall< nt points giVan, pre
s.*nts t.'ie loliow ing ?'l lie testimony ot the engineer,
first in Importance as to the orders irom tho oBlc-or in
charge on the bridge st the iline ol (lie collision, di?
rloses that at thirty two minutes past nine ou
the morning ol lira collision the telegraph ardor fr^ni
tho bridge was to "Stand by," 'I Ins was rec<sfved bo
low st the time that the watch above fir-t cot ted tho
approach Ol the strange vessel with mv (ears of a
collision. Almoat imm<'d:ntaly afterward theteiegnph
announces ''Hall s|*ed,'' and hurrying ti|-on tint
cams tlio order, '"Stop her." These orders were
oti'yed ss promptly n? given, snd then, at forty one
intnulcs past two A. M.. caine tbe order, "Full speed
a?tern." Tbe vessel was at this tune, so iar as momen
tum wont, pretty well uMMrcemmind ol the < ugineer,
and alio backed quickly. These \.?rt<>u* oroer* and
their instant fultl? rxent are shown l<j the log book of
tlx engineer's department. Tho testimony Ot the offi
cers on deck sh< wed, principally, that the steamer was
guittg rsptd.y rutlern .it the lime of the collision, and
r?f tlio purpose ot avoiding what tbe rnplaia saw wa-<
almost inevitable, the straigo vessel at the t mo
bcar.og down en tlio ste-imer l>elore a strong
breeze and a lavoring sea ! he collision then
took plnoe, the jJbiKom ol tho Sli >ngo T<s-el
foui.ng with . the steamer's port anchor stork,
both >ie)ug carried awsy. Alter the first shock, accord
lag to the testimony lor the deteuco, the stran,;e Vessel
Immediately squared away up channel, foil sail set,
?liowiuf ? green light The Bit amor then heaved ahead
slowly in tbe course of liie ?hlp, proposing U> apeak
ber ntiU render assistance if necessary. The cries from
the waier, testified 10 l?y other witnesses. are explained
bv itie present witnesses thus.?Tbete cries were ^up
posed to come Iroui touie uf tb ? crew of tlx- strange
vessel, who, when (he inn vessels Iirst collided ?l
temi ted to jump on board the steamer, nod lailms in
tins were probably mured. fell into tho sea and quickly
disappeared. Two boats of the Adriatic wore lowered
on the first int m.'ttioD of distress, und (or au hour and
a naif mad* wide circuits, but there were no other ap
peals for assistance h?uru, and, tbe steamer returning,
the boats wore taken at oard and she proceeded ou her
voyage. Tbe testimony of Capt.vn Jennings and ol
tbe first an I third officers is held in reserve lor the
present, counsel fur the defence, Sir K. I'. Wheeler,
contending that enough is given to show that the
Harvest Quoou could not have rtistamed any serious
damage by her collision w;ih the Adriatic, but that she
must mi! se<iuently have collided with the ship Cape
Camorlu, a* the "hi ad board of the latter ship was
lound on the coast ol Ireland among a largo portion of
the wreck ol the Harvestqueen, counsel lurther claim
ing that had the Harvest Queen been mtik by tbe
steamer in tho part ol the channel designated the
wreck would bavo drilled to the Welsh, and not be
tound oft the Irish coast; and that its being found
there supports the theory of a collision with the Cape
C?morm The examination ttands adjourned, awaiting
whatever testimony nmv oiler 10 solve more sutislac
torily this mystery ol the sea*
JAY GOULl) SUITS.
Before Judge Sedjru ick. holding Special Term of the
Superior Court, a motion was made yesterday oy Mr.
Jewell, on behalf ol the plaintiff, In tbn stilt of Albert
V. Richard vs Jay Gould, lor a substitution of attor
ney, It was stated, however, that tliero is no com
plaint ngnnst the j resent attorney, Washington C.
Conner, cxccpt that ihe pUintlil wants to be examined
before trial and hi- exam.nation has been delayed. Mr.
Sewell stated, further, ibat Mr. Conner w.u tho owner
ol scverni ciaims n^aiust Jay Gould, nud was under
stood to be engaged in buyng and soiling stocks lor
hint. Sir. Chvale, in opposition, said that this was no
ground tor a substitution, and claimed that the best
way tor plaintiff to do was to revoke Mr Conner's
power oi attorney, so that the latter tnifht have bis
remedy by law. The Court look Iho papers und re
served its decision.
SUMMARY OF LAW CASES.
Judge Sinnott, sitting in Marino Court, Chambers,
yesterday Imposed a 0no cf $100 each on a number of
Jurors who failed to nnswer for duty when called.
Martin Oerfrurfch, it sailor belonging to the Auutrl*n
bark Kidente, was arrested yesterday by n United
States deputy in*r?hal lor disobedience of orders, on
complaint ol the Austrian Consul, and tnken before
Commissioner Osborn lor exaininution.
Judge Hcnidlcl held court yesterday to receive the
report ol the Grand Jury. The lollowing indictments
were handed in:?Charles Mooro, Iclouious assault on
John Kings land on tho high seas; John II. Gilo und
Charlotte Thompson, passing counterfeit money; Philip
Konxono and Julius Steglich. Custom House brokers,
charged with undervaluing goods pasted through tbe
Custom House.
llrid^et O'tlrien sued tho city to recover $5,000
damages for the death ol her husband, earned by fall
ing into an excavation at Eighty-fourth street and ihc
west nde Itoulevard. Tho triui of liie case was com
menced yesterday before JudgeSanl'ord. in the.Superior
Court. It was claimed that the city was negligent In
not providing proper protection against accidents.
The suit of the I'm ted States lor the condemnation
of thirty-seven barrels of distilled spirits, seized at the
store ol WllliamS. Miller K Co., Nos. 4" and 49 Front
sireot, on the ground that tbe spirits had not paid tho
proper tux, was concluded yesterday beloro Judge
Illaich'ord. Tho defence claimed that thev had re
ceived tho goods Irom iho Sangamon Distillery, at
Springileld. 111., in good faith, it being duly stamped
and branded, and that they made an advance upon It
without other security than the spirits Itscll. The jury
relumed a verdict lor the delencc, releasing the goods.
Judijo Wesibrook was holding Supreme Court, Cir
cuit, yesterday, and among the first cases called on lor
trial was the suit of Clements aud Sterna. Mr. I'homas
lr. Shearman, lor tho deloDce, was not ready lor trial,
for the rouson, ns ho said, that one ol his witnesses
had not arrived. Ho went on to say that the suit aroso
out of certain transactions during the Mexican war,
and several witnesses had to come all tbe way irom
Mexico. Mr. Cooke, for tho plaintiff, opposed an ad
journment, saying that tho same process had been
gone through lor time years. Mr. Shearman asked that
tho case be ,-et down for Wednesday, as Mr. Iteach, bis
associate, would not bu able to attend to morrow. Mr.
Cooke replied tbat on every contemptible little motion
in this case Mr. Shearman appeared as counsel, but now
ho has Mr. Beach. "It may bo well," he added, "for us
boys to attend to th>- motions, hut it takes a man to try
a case." Tbe matter finally went over until Menday.
DECISIONS.
8TTPREME COURT?CH.VKBEM.
By Judgo Donohiie.
Stutilv vs. Wood?order denying motion.
Cook vs. Granger.?Granted lor fourth Monday.
Cook vs. Granger.?Motion domed without co?t&
ByJuuge Lawrence.
Kitrhen. Ac., vs. Steru.?Granted.
Legrco vs. Lcgree ?lteport "I referee confirmed and
Judgment of divorce gr.intod to the pliuutlir.
Haskin vs. Kitchcn, Ac.?II the defendants were as
signees In bankruptcy they would not have beeu on
titlod to slay ot proceedings lor the loreclositro of tho
pluiutilT'i mortgage (Kyslcr vs. Goir, Albany L J , vol
time 13, pnue 2ii) Tho voluntary amngneerf of an In
solvent should not stand In bankruptcy. Besides, as
?is months since tho assignment was mado to the de
fendant* have not elapsed, 1 cannot assume that the
assignment will nut be utlached and declared void in
bankrupicy proceedings, (Mayer vs. Hellman, Albany
L J., volume 13, page lttUi Tho Globe Insurance Com
8any vs. Tho Cleveland Insurance Company, lb., pago
)6.) Motion denied without costs.
Ilaskln vs. Phillip.?Motion granted.
Muller vs. Jacoby ot al.?1 he surety, Bertha Aaron,
1 do not regard as sufllclent (Grossman vs. Crugos, 7
How., page 60). The undertaking cannot therefore be
approved.
Kaltery vs. Ingersoll, Ac.?Motion that moneys bo
paid 10 general guardian granted.
Mailer ol Gilbert.?The petition, on its faco, ask* tho
Court to allow the committee of the luuatlc lor taking
care of the estate ol tho lunatic a greater rate of com
pensation than he Is by law entitled to. How can tho
Court grant such au application ?
SUPREME COURT?SPECIAL TERM.
By Judgo Lawrence.
Green ct al vs. "Loveridgo et al ?The pleadings tu
this ease have not been submitted, and there is no
affidavit slating the grounds on which the advance
ment of the cause upon the calendar is asked lor.
; Counsel must hand in tho pleadings, with some slatc
! went ot his reasons for believing that be Is entitled to
| have the cause preferred.
Bush vs. Miller et al.?The preference allowed under
J chapter 3:2 ol the Laws of 1875 seems to be confined to
j actions expressly brought lor the purpose of obtain
j tng a construction ot a will or nu adjudication therein.
: (Laws 1H76, page :W.) This acton is brought (or tho
j partition of real property und the adjudication upon
J the wlli mentioned on the complaint become* neces
sary only iier.iuse the defendants claim other und dif
ferent rights uniu-r the will tlmn those staled :n the
complaint. Laws giving preference on the calendar
should not be attended by lorcod construction, and us
i tue acilon is not br( ush'. expressly for the construc
tion lor an adjudication upon a will the motion I*
denied.
By Judgo Von Vorst.
Wlllard vs. Ferguson et a I. ? findings and docreo
signed.
r.nuetal. va A'11 mar.?Motion to resettle findings of
| fact denied. Opinion.
NeiUon vs. Tracy, Ac.?Memorandum for counsel.
Orerniicr vs. Dean el aL?Judgment lor plaintiO.
SUPERIOR COCHT?SPECIAL TERM.
By Judge Sedgwick.
Handrcn ot at vs. NpofTord et al.?Commission or
i dered.
The National Park Bunk of New York vs. Cohen.?
Ordered on special calendar for the l.'tth of Juno.
Hasveil vs. Kamak el al ?Itclerence ordered
Walker vs. the New Central Company of Maryland.?
Undertaking approved.
fry vs. >ciiippor ct al.?Order for publication.
Peck vs. Morris.?order on the short calendar for tho
fourth Friday m June.
McCarthy vs. Thomas et al.?Referee's report con
i firmed.
Brumner v?. Brummer. ? Motion denied, with $10
oosta to plaintiff.
Lclunuier vs. Watson et al. ; l'eck vs. Morris; Wheiln
vs. The Third Avenue Kuilrond Company; I'oilion vs.
Lawrence et al.; Vender |{oe?i vs. Herinann ; The Gould
Machine Company vs. Wilde ct al. ; Taylor ct al. vs.
Kyser; Ingersoll vs. The Tenth National Hank; Schinal
et al. vs. The Western 1'nton Telegraph Company;
? Berwick vs. Welsh, ?order* granted.
By Judge Curtis.
Holmes vs. Holmes.?Proposed case and amend
ments settled.
COMMON PLEAS?BPEC1AL TET.M.
By Judne Van lloeflen
Wilds vs. Beaity.?Motion granted. See memoran
dum.
Miller vs. Miller. ? Motion den'ed See memorandum.
Mnrtens vs. Ma true?Order o| reference granted
as to defendant's ability to pay alimony and counsel
Ice.
AMor vs. Corwin.?Decree fettled. See memoran
dum.
By Chief Justice C. I'. Daly.
Howens vt Klein.?Decree settled.
MARINE COURT?CHAMBEB&
Ity Judgo McA'l <rn.
Doyle vs. Williams. ? Motion granted, without costs,
t'ouib vs. i'fiom|>son.?Judgment lor plaintiff.
Herder vs. f. happen.?Commission granted.
I'eppl'T vs. Thieie.?Judgment reinstated.
Rogers vs. I ong. ?Set urity must f>e filed.
!*elienck vs. Kennedy. ? Attachment ortferc?.
Gardes vs. OdelL?C'.itnplwint di?mt?-ed.
Oflara vs. Wdd.??Commission ordered.
llale vs. Kobe.? Motion to tnoUily granted.
II in.I.ton vs Kisher. ? Mottou to strike out denied.
Phillips vs. Gardner ?Mutton granted unless term*
are complied with.
Do^mtiii v*. Magtnn; Hsiwell vs. Lombard.?Mo
tions denied.
( usluag va llvOman ?Motion denied, $10 costs to
atHde event.
Marrtson vs. Blanchard.?Judgment as per opinion
filed.
Hollander vs. Weidner.?I'rlsoner discharged from
arrest under order and execution.
Cole vs. Da It on?Order will be signed after the stay
ol proceed.ng> obtained ol Jadge Van lloesen is dls
posetl ol
Goodwin va. Denrnf; I5ur?r vs. Ocriel; GUdersleere
?a. 1'atry, Darui v*. Lochmaa ; Unaktus vs. Mayor,
he. ; l>avid vs. Runner, kathew r*. The Mayor; Flem
ing vs. Amos; Ailing vs. Hoibrook.? Motions granted.
<;riMvoid ri. Tompkins; Fithian vs. Uaciilloa.?Kc
coivcr'a bond approved.
GENERAL SESSIONS?PART I
Before Recorder Haekett.
THE BABTELL MURDEB TRIAL.
Thomas J. Bnriell was arraigned at the bar yesterday
charged with the murder of Mrs. Ann Hammond, at Har
lem. in the tnouih of March lust Considerable interest
was aroused in this cane, owing to the character ot the
surroundings. On ihe lTlh of the month mentioned
the body of Mr*. Hammond waa discovered tn the
kitchen of the house No. 2,114 Second avenue, where sbo
ha I been employed to do some housework. Her fkull
w.is bruken and when fuund ?he was lying In a pool of
blow!. It would appear that shortly alter tho perpetra
tion of the deed Bartell war seen in the vicinity of the
dwell.ns, *ixl. suspicion attaching to mm, he was
placed under arrest. In his pockets were a knife, a
pair ol cuff.-, a pair ot stockings am', a
handktTch'ei', saturated with blood. When
interrogated ou the subject of the stains
he cud not satisfactorily account lor them, and several
expressions that he dropped seemed to warrant his de
tention. Shortly alter his arrest a hatchet covered
with blood stains was found In a coal bog near tho
scene of the murder, and the peneral supposition was
i that this was the weapon ?jitli which the woman was
| slain. The prisoner, in subsequently accounting tor
the stained articles lound ott bis person, said th'it ho
! had uud a Hutu with a man named Ryan. At tho Cor
| oner's inquest an indignant demonstration wus made
I against RartletL The jury returned a vert'let against
! ban, and b? was formally committed lor trial. Several
I theories were adv in* ed as to tho cause of
| ti e crimr some holding' that le mistook
! Mrs. Hammond lor Mrs. Freeman. against whom,
i It was alleged, ho lmd expressed some threai?. i
| The court room was crowded yesterday and an extra
! panel of jurors was lu attendance. Alter considerabiQ
deluy the following jurors were selected:?Jacob
Christie (:orcmaii), Charles E. Spoerry, Benjamin j
Buck water, tiurrett Roche, William Howlett, John
Dod'i, Leopold Schwarzkopi, James \V. Kendell, Jacob
i It. Moore, Frederick Hurling, Otto W. Uhllg and
Maurice Leon. Thejnry wore discharged until eleven
o'clock this rooming, when the trial will be proceeded
with. Assistant District Attorney Russell will appear
on the part ol ihc prosecution ?nd tho prisoner will bo
defended by Mr. Willuitn F. Kuitzing.
GENERAL SESSIONS?PART IL
Bolore Judge underscore.
FELONIOUS ASSAULTS.
Ellen Walsh wns Indicted for having, on the 6th ol
May last, feloniously assaulted Morris Murphy with a
knife at No. 0 Mulberry street. The evidence was of a
very contradictor? character, the dcfcnce claiming that
the prisoner was simply defending herself Irom an al
leged assault by tho complainant. The jury returneu a
verdlet ol not guilty. A >uniJnr verdict was returned j
In iho case ol Frank Fried land, who was indicted lor
attucking John l'arnilly on avenue It, near Fourth ;
ttrcct, oti the 2d of November iast.
AN ALLEGED PICKPOCKET.
Mr. W. H. thsrlt, of Staten Island, had just loft the
ferry house In the beginning of last month on his way
uptown. Ho was accosted by a boy who wanted to
sell him a newspaper, who, though Informed that uono |
was warned, persisted in making ills appeal. Finally
.Mr. Shurit felt a hand in hi? pocket, a'd finding that
$22 bad been abstracted pursued the newsboy, who,
hn alleges, tumped ou a canal boat at pier No. 1 Kast
ltiver, .and concealed himself under the dock. Tho
coinplninnnt procured an officer, sud a boy, named
John Muloney, on emerging from Ihls place, where he
said ho had gone to bathe, was arrested. The com
pl.iiinint Identified him. Tho Jury were discharged
without being able to acreo on a verdict.
FIFTY-SEVENTH STREET COURT.
' Before Judgo Kllbretb.
A BUrriANLY ASSAULT.
Thomas J. Baker, proprietor or a liquor store, at
No. 1,213 Third avenue, was brutally assaulted on Sun
day night In his sioro, by a gang of rulllans, only one
of whom wus known to him. This man was Robort
Smith, of Seventy-third stroet and the Boulevard.
Baker received several severo cuts ou Ihe head and
luce, tho weapons used by bis assHllants being sticks
and stones. Smith was tho only one arrested. Ho was
held for trial In dclault of $2,000 ball. Baker denied
huving provoked his assailants In any way.
BOBBED BY HIS FELLOW BOABDKB.
Lawrence Keilly, of Seventy-sixth street and Second
avenue, caused tho urrost of a lot low boarder named
Michael Mullen, whom he caught on Sunday night in
the act ol stealing $50 Irom his trunk. Mullen was
held for trial.
A JEALOUS HUSBAND.
Annie Derwln, of No. 239 East Twenty-eighth street,
charged ber husband, Michael, with knocking her down
aud kicking her violently on tha body. Tbe husband
admittod tho charge, but sold that the Infldellty of his
wile, nf which ho bad ocular proof, had provoked him
to commit the assault. Tho Court considered the ex
cuse Insuinclcnt and bold tbe accusod for trial.
POLICE COUIiT NOTES.
At tbe Washington l'laco Police Court yesterday John
H. Hcndrlckson, of Not 7 St. Mark's place, ?u hold for
trial for stealing a horse and wagon, value $125, from
I). T. Loomis, of No. 46 Bclhune street. Officer Flem
ing. ol the court squad, who made the urrcst, has
been In search ofllondricksun for two weeks, and yes
terday morning tho prisoner attempted to conceal his
Identity, but to no purpose.
The case of Mr. J. C. Marsh, of No. 107 Grand street
agent In this city for tbe Urm of Bylands k Sons, Man
chester. England, charged with kidnapping C. P. Rlalr,
an absconding creditor, came up belore Justlcc Duffy,
at the Wnshlngton l'laco Police Court, yesterday. De
tective Dunn, of the Central Office, slated that tho
Sheriff had uot arrived (nun Lincoln, Neb., with the
requisition for Mr. Marsh'a arrest. Mr. Marsh's coun
sel stated to tbe Court that he would be amply pre
pared to meet the question legally when Blair arrived
I here irom Nebraska. Justice Duffy allowed Mr. Marsh
I to go on his own parolo until to morrow.
Special Post Office Detective J. A. Britton, with
J Officer Leo, ol the >'ourteonth precinct, arrested on
! Sunday night George Dayton, of No. 54 Centre street,
I in the act ol robbing the till of Adolph Pranks' candy
| store. No. HI >j Bowery. They wore assailed by a mob
of Daytob's friends, who ?uceeedvd In Ireeing tho lat
ter, who darted into an alliy way in Molt street pur
' sued by Detective llrllton, who flred three snots at him
I and liualiy brought him up. On hi* being arraigued at
: tlic Tombs yesterday morning Justlcc Waudcil held him
; lor trial.
I A natty looking youujt man, wbo cave tbe name of
I Pierce Butler, was charged before Jimlice Wandell, at
, the Tomb', yesterday morning, with acting is a ?us
! piclous manner on the steamer Plymouth lloek. He
j was remanded In order to give the detectives an oppor
? tumtv oi ttndingaut his antecedent*.
j J oh ii A. Ledwcll was held for trial at tbe Tomba
for stealing (126 from John Bchi'.tz.
COURT CALENDARS?TIII8 DAT.
Svfrrmk CofuT? Chamhrrs?Held bv Judge Dono
liuc.?Ni n. 122, 12", 130. lai, 13* 106, 170, 177, 192, 19#,
2'J7, 215, 220, 328. -54, 26*. 2S2, 200. 2J1, 302, 310, 320,
327. :<2s. 331, 332. 334. :UiA. 33<1, 387, 338, 339. 343, 345.
? Sli'kkbk Coi'RT?GbnkraL fi.Km. ? Adjourned until
| Julv b. lor tbe purpose ol rendering d'ctslobs.
Scrasku Coi at?SracuL Tkrm?Held by Judge
' Ltwrcuce.?Douiurrrrs?Nos. ?2, 14. 21, 22. Law ami
| fact?Nos. 97, 200, 301, 410, 411, 223, 376, 241,
374, 371', 3S7, 398, 214, 420, -_78, 279, 173, 174, 517, 51.
; 34. 50:l, fi42, WKI.
j Si iRKMK t ofRT?CiSTir?Pari 1?Held bv Judgo
Barrett.? Nos. 1311, 28ast. 15W. 17*1, 1623, 1481, 1493,
I 2859, 1635. 252, 1140',, 1148, 107, 1425';, 1301, 1477,
, 1571'. 1647, 13119, 2993, 976, 1779. 1929. 2072,
17a7, 033, 1845, 1861, IMS),, 11111527. 1488, 1483,
I 1059, 1281. Part 2?Heid by Judge Van Vorst.? N'oa.
! 1772',, 1824, 1126 736. 2404, 1422, 131S, 872, 2110,
1442, 2808, 1318.698, 1011, 1436, 1437, 1876, 1104, 1090,
1444. l'4H 2702, 3012, I'art 3? lleld by Jutge I.ai re
more ?Nos 1750, 2488, 301, 1497, "l 127, 871, 1071,
IMS. WW, 1160, 718, 091, 1078*,', 1291, R49, 1741 'i. 1513,
I 1*37.
Sri-KKl'iR Cot RT?GenkralTerm?Adjourned tine dir.
mm'kkior Court?Siri'ial Tkrm?lleld by Judge
Sclgwick.?Case No. 41. No day calendar.
Srrniiiw Court?Trul Tkrm?Part 1?lleld by
Judge hiutord.?Nov 1113, 1074, 111.', 1032, 1130, 737,
: 1(1.1 i 331. 1283. 1102. 1167, 100-, 1172, 1174, 117S.
i Part 2? Held bv Judge Spelr.? No*. 1183, 1006 ino?,
I 60S. 1110, 741, 1139, 964. 1142, 704, 13d*, 1157, 1004,
I 1165. 602.
I Common T'ljtvs?Gxskral Term.?Adjourned until
Monday, June 26, for tut purpose ol rendering decis
| tons.
Com.moa f'l.KA.i?r.qriTV Tkrm?Heid by Judgo Van
; II en.?No- 24.4, 28,30.27. 19. I. 6. S, 23, 34. Is.
| 2u. 33 2. 3, 25. 26, 3.8, 3'? Demurrers?No*. a. 2 and 4.
| CoMM> > I'LKta?Trial Tux-I'trt I ?Helo by Judge
1 liob.ti "ii -Nos. 70(1. l?'.?3, 2.J37, 1871, 1037, 2112, 13o8,
11!'!', 212s, 1012. 1721. 377, 3V>, 2406. l?o4I'art 2?
i Held by Jn l^e Van BNtt.?Nos. 2441. ln.ll, 2536, 2537,
2 1944. 2108, 20*17, 2141, 2146, 166, 1*37'? 1346, 039.
1 I'art 3? Held h* Judge J. K. IMlv.?No*. 2^16, 2207,
; P-07. 2049. 2509," 2519, 2576, 2478, 2524.
I Mskink uorar?Frial Tkrm?I'art 1?Held hy Jul go
Alker ?l No. 16 Hid City Halt?Nos. 4.55,7682, 7812,
j 709*. 7*6.;. 4.S6, 446." 4395, 42*5, 7746. 668J, 4176,
1 4176, 4177, 4009. I'art 2?Held by Judge Sheridan ill
Supreme Court. General Term lioom. ? Noa 3749, 599,
, 2.34. 7 >92, 4116. 4245, 4283, 4114, 3880, 7826, 7827,
670ft, 4125. 4090, 4?l. Pari 3? Held bv Judge Sin
no't, at No. 27 Chambers street.?Nos. 0055, 4477,
7:~K'. 73.11. '-.951, 7877, 60)8, 420?, 5214, 0062, 6879,
Utos. 7t*0^, 075s. 491L
l ot rt or GRmkraL Skssiojcs?I'art 1?Held by lle
. cordcr Hack el L?The I'eople vs. Thomas J. llartell,
i liomh'lJe. Pari 2? Held oy Ju lg" t^ildersloeve.?Tun
People v*. A!oxandir Simons, leionious assault and
battery; Same vt. Predcrick Schinidt,' lolomou* as
> sault and battery; Snme vs. William llrown, felonious
assault and batieiy ? S.imt> vs. Michael Wnlsh, burglary;
? Same v*. Ji>?-oh -boenliola, burglary; Same v*. tieorge
, Carpenter, burghry; Same vs. Ueorgo Krskluo, grand
lircenv; Same va Jul'a Bigyard, grand larceny:
! Same v*. Mary A Brown and Maria Smith. Rrand
. larceny; Same vs Sigmtuud Mendeli. grand Inrccuy;
Same vs. Thoma* Downey, grand larceny; Same ra.
Matthew Tierncy aud Thorns* Morley, grand larceny;
Same ** Sirah Smith, grand larceny; Ssmo vs.
Dudley Yeager, grind Inrcony: Same va John Bnrn*
and John l!alien,>er-fe, grand lsre(ny: Simo vs Aleg
J ander MoKcniie, perjury; Haju* vs. Jamea Van Orden
and Teddy Owens, petit larceny; Same *a. Daniel Broe,
petit larceny.
COURT OF APPEALS.
Alrast. Jnno 12, 187*.
No. 210. Smith n Hall.?Argument resumed and
concluded.
No 132. Hall vs. Irwin.?Argued t>y E. H. Benn for
appellant ami R. Key lor respondent.
No. ?Iti. White vs. Godd..rd.~ Arsued by Albert Rob
erta for appellant anil Wililaiu C. De Wilt for re*pond
en t.
No. 233. Hass ra. O'Brien.?Submitted for appellant;
S. Hand lor respondent.
Na 'iiS4. E. SMrverg vs. Purdy.? Argued by 8. Hand
for appellant and Thomas Ely tor respondent.
calksdar for turdoat. ?
Noe. 236, 237, 239, 243, 58, 235. : 87 and 208.
GRAND JURY INDICTMENTS.
The Grand Jury In the United State* Circuit Court.
Judge Benedict presiding, came Into court at noon
yesterday and presented a batch of indicttnenta. The
indicted prisoners wero arraigned and pleaded as fol
lows:?
William Lynch, passing counterfeit nickel pieces,
pleaded guilty and wa? remanded for sentence.
Frank Oliver, lor Induclcc a seauian to desert from
the United States Nary, pleaded guilty and was dis
charged on bis uwn recognizance.
John Mcnkin, John Lynch and Michael Burns were
indicted for running an illicit whiskey still In New
Uiri'i'ht, I. I.
Jolin and David Brown, brothers, were Indicted for
illicitly distilling whiskey at No. 73 Graham atftnuv.
Tliey pleaded not guilty.
Jiimet Conner* wat indicted for being implicated in
tbe i'ost (ifllce rubbery at Long Island City January 1.
Thomas Ward and 1 homos (juiglcy were also indicted
Icr the same robbery.
Thero was no reference made to the charges which
were supposed to hare bean brought before the Grund
Jury at the instigation of Christian A. Stein, the in
dicted whiskey distiller, against Messrs. Gillon and
Giberson and ex-Assistaut District Attorney Hu?hes.
The Grand Jury adjourned yesterday to meet on Mon
day next, when the papers in the Stein case may be
ready lor tbeir examination.
GAMBLERS ARRESTED.
Two of the oldest sportlcg mon In New York, Messrs.
Patrick Hughes and Jatnos Dttane, wore arrested yes
terday afternoon by Captain Lowery, of the Sixth pre
cinct, on complaint of Lewis Baylls*. stopping at
Sweeny's Hotel. On their being arraigned belore Jus
tice Wandell at tho Tombs Baylies stated that he way a
dry goods merchant, and that he had lost over $500
playing laro bunk In Iho establishment kept by the
prisoners at No. 2 Chamber* street. He said th.it Mr.
Duane also introduced hint to thu game kept by Bnrnoy
Jackman at No l,lf>6 Broadway, where ho lo>t $300.
Mr. Duanc staled to the Court that he had known Hay
liss for lllteen years as a laro player; that he was not
a dry goods merchant, bat tho husband of an actress
nnnied Gladstone, who supported him. Both Mr.
Hughes and Mr. Duane furnished bail to answer.
A CLEVER WOMAN.
While Mrs. Catherine Fredericks, of No. 165 Ludlow
street, waa walking through Orchard street yesterday,
she detected Georgo Smith, of No. 164 East Houston
slreet, picking her pocket of $5. She chased him Into
a boor saloon in tho Bowery and then to Broadway and
Bond street, where xhe run him down and hud turn
arrested by Officer Frink, of the Fifteenth precinct.
He was held lor trial at the Washington Place Court.
SHOCKING CRUELTY TO A HORSE.
Yesterday afternoon, near James slip, on South street,
one of Mr. Bergh'a officers arrested Henry L. Cronk
lor driving a horaj with a terrible wound, known asa
quittor. Tbe hoof waa decayed and the foot rotten to a
great extent. The suffering horse was placed in a
stable. Cronk was taken beforo Judge Wandell and
charged with cruelty to animals, by working tho dis
abled creature, ol which he was the owner. Tho
veterinary surgootis examined the horse, and certified
that it Was totally unlit for work In Its present condi
tion, and suffering great pain. Cronk, however, was
discharged by His Honor.
MALICIOUS PROSECUTION.
Action was brought In tho Brooklyn City Court,
Tart 1, before Judge Reynol is, yesterday, by Andrew
J. Best, to recover $8,000 damages Irom John O'Don
neli for malicious prosecution in oauslng the arrest of
the plaintiff on a charge of stealing a horse. The Jury
returned a vcrdict ol 9250 for plaintiff.
THE BAKER SCANDAL CASE.
Yesterday forenoon Judge Gllbort, in the Kings
County Supreme Court, rcudered his decision In tho
matter of the application of Mrs. M. K. Baker for tho
oustody or her two children, a boy and a girl, aged ten
years and thirteen years, respectively, awarding tho
mother tho custody of the children.
REMARKABLE YOUNcf~THIEVES,
William T. Fautb applied to Juatioe Pelonbet, In the
Second District Court of Jersey City, for the arrest of
bis two sons Wlllio and John, aged respectively twelve
and ten yoars, whom he charged with being confirmed
thieves. Their tcacher at sohool complained that their
conduct was very bad. The father asked that they tie sent
to the Stale Prison or they would ruin their parents by
their continuous thelts. Tho boys acknowledged their
crime and cried bltteily as they were removed to a
cell. They will probably bo sent to tho State Relorm
School.
A WEST HOBOKEN FIEND.
Tboraaa Brennan, a wealthy contraotor, residing at a
magnificent boose near the monastery, West Hoboken,
N. J., aged about sixty, was arrested last night by
Police Captain Donovan, of Hoboken, for outroglng
Elizabeth Hogr, ol No. 71 Washington street, ago<l ten
voars, au English girl. lie was looked up In default
ef $^000 balL
SCHOOL FOR HORSE THIEVES.
A case was brought before Justice Keese In the First
District Court at Jersey City yesterday, which revealed
an alarming state of things In connection with the
public pounds, one of which, at least, has become a
nurxery for young thieves. Two horses, valued at
$600 and $260 respectively, were stabled tn Hoboken
avenue. They were taken out for quiet exercise by
a boy, but be had not proceeded far when be was
attacked by two larger boys, who Jumped on the horses
ami drove tliem to the city pound, kept by Michael
Donovan, on Seventh street On the way Mr. Bogardus.
owner of one of the hor?es, met 'the thieves and tried
tn intercept them, but ho was set upon by a crowd ?r
youths, who helu him till the thieves escaped. The
{?onndmaster, Donovan, refused to disclose the names
or whereabouts of the thieves. A search was made
and one of them was found ronccnled under a bed in
Donovan's house. He irns arrested and cave his name
as John Klanagan. Justice Kccse notified Donovan
that be must produce the other thief.
A WOMAN'S DESPERATE RESOLVE.
Oilli-er Locke, of the Third precinct, Jersey City, ar
rested two women on Jewell avenue, near the county
road, yesterday morning, for acting In a disorderly
manner. One'of the women gave her name as klary
McLaughlin, of Brooklyn, but the other refused to an
swer any questions. The latter bad been only a short
ttmo In the cell when Officer Coward heard a peculiar
noiae In that direction, and going to the place saw tho
woman with her garter n round her nock twisting the
ends so that sho was nearly strangled. The cord was
cui, but she was so desperate in her purpose that sin
clutehcd her throat with her fingers and ploughed the
flesh with her nails till the bloo-1 spurted out She wna
tlicu handrufled, aud when her excitement whs allayed
she gave her name as Marlon Wlllfb, a native of Virginia,
thirty years of ago. Her father and mother rci-ide nt
Altoona, Pa. Sho says she has been drinkinp lor sev
eral days and Had ilttleoruo lOod. She will be de
tained till she recovers.
STRUCK DOWN 57 HIGHWAYMEN.
Aliotit midnight on Sundav night, Officer Short found
a man lying in an insensible condition on the sidewalk
in Si. Paul's avenue, Jersey City Heights. At first bo
supposed the man was intoxicated, but an examination
showed that there were several wounds on tho
skull. The officer sum mooed aeiistanco and lied lh?
man taken to tho Tb.rd precinct station, where medi
leal aid was rendered. When the si ranger regained
ron?eioosnesa he gave his name as Charles Harrison, of
Beacon avenue, lie said bo was walking along st
Paul's avenuo. when he was dlrucl- from behind with
some blnnt instrument, wh^ch felled him tn tbe ground
and lie became unconscious. His pockeia were rifled of
$20, all the money he bad in his po>?esai?n.
NEW DEVICE AGAINST BURGLARS.
Daring the past three months the taloon of J. W.
Stewart, No. lOiPavonla avenuo, Jersey City, lias been
repeatedly robbed and tho thieves always succecded in
escaping. Tbe proprietor at last determined that an
example should be made. Ho placed two hor*e pistols
loaded with buckshot on a block Inside the Jnor lead
ing to the saloou, in such a nunacr that no person
could enter without receiving the contents of either
through the action of a spring connecting tho door
with the triggers. When Stewart entered tho saloon
through an inner stairway entrauce yesterday morning,
he'louad one of the pistols discharged. Tbe door was
riddled with shot, a window pane w?a swept away and
the leg ef a table was blown nfT. J?0 marks of blood
conhi be sees, bet it In pretty certain that the intruder
received a portion of tie charge n one or both of h:s
legs. The see ef the ptatoU will be ooctiauod
? POLITICAL CRISIS.
A. REORGANIZATION IMMINENT I* TH? DEMO
CRATIC PARTY.
For some lime past rumor* have been 10 circulation
among politician* touching ?oroe iroporunt parly
movement lo be uken by Hon. Jolin Kelly, whereby
tbe adverno element of Ihe democracy In this eity
would be reconciled and tbe action ol the entire body
made unanimous. It Is well known thai a faction ot
Ihe anti-Tammany par'y are d'sposed to accept any
lair term# of compromise offered them and are willing
to enter the parent organization It any oppor- j
lunity be afforded; and It Is also under- ,
stood thai some politicians have certain aspir- |
ations which can be realized only by reconcil
ing disteuting parties outside ol their personal
partisans and by admitting them to an equal footing
with tho latter, as the Presidential campaign is ap
proaching the necessity of uniting all elements ot the
democracy under n common standsrd has become ap
parent, and the object of tbe hoar Is the acquisition of
strength ;rom external sources by one or othor of the
(actions into which Tammany hall seems likely to be
temporarily divided. Of course this movement Is os
tensibly undertaken with a view to increase the power
ol the democracy and weld together its dissenting
members, but underneath the surface there are at
work two opposing Interests which, though employ
ing the s>ime moans, ann at different results.
The Tilden men who have hurried into an advocacy
of his claims without awaiting the unanimous sctloii or
their party seem determined to gain strength bejoro
the meeting of the Convention by reiiitorclng their
milk* with politicians outside the recognized P?rlF
lines, and the stricter adherents ol Tammany tind
themselves obligod to resort lo the same means of sus
taining their position. Some men there aro belonging
to ramnmny who believe in a goneral admission ol all
who call themselves democrats and aro willing to give
their support to tlio regular nominee; but. Irom ibe
present aspect ol affairs, it seems likely that tho cboico
of tho reiniorcemcuts actually admitted 10 sn equal
fooling with the present members ol the party wlu be
dictated by the Issue of tbe coming Convention.
II Mr. Tildoii be nominated ho will call lor a reorgan
ization or the party through the State Central Com
mittee, who will appoint a tub-committee to make a
choice out of the Tammany party and the anti-Tam
many peopie disposed to favor him, and, in tho event
of his tailing to secure a nomination. John Kelly, aa
the head ol Tainmanv Uall, will reorganize tho party by
exp?lling members ol doubtful Udelny and giving their
places to outsiders u|>on whom reliance can be placed.
SUNDAY LIQUOR.
SHALL IT BE WHI8KET OB LAGER, OB BOTH, OB
AlUM'B ALB??A COMPLICATED QUESTION.
When Justice Murray arrived at the Tombs yesterday
raurning he was met by Mr. John Hausohlld, of Frank
lin and Centre streets, who served him with a writ of
habeas corpus, returnable before Judge Donohue In tho
Supreme Court, in the case ol Frederick Juenger, tho
waiter arrested In the Atlantic Gardon, No. SO Bowery,
on Sunday. A similar writ was served on Judge Mor
gan, at the Essex Murket Court, in tho case of Justus H.
Schwab, of No. 84 Clinton street, arrested tor soiling
beer on Sunday. Juenger was given ovor to tho cus
tody of his counsel. Tho further hearing of the case
tukes place lo-day. Schwab was released on $300 ball.
At the Tombs Police Courl Justice Waodell com
mitted Terence O'Connor, No. 37 Washington street;
Herman Meyer, No. 1 Greonwich street; Anthony
Jeffrey. No. 1150 Greenwich street; Martin Dinken, No.
4.% Wab'hinglor, street; John Gurlleman, No. l'JO West
struct, und Denis Barry, of No. 4 Madison street, tor
selling beer on Sunday. ?
At ihe Kssex Market Conrt Annie Gerner, No. 118
KI<1 ridge street, and Thomia Hogau, of No. 3#S Cherry
street, wore held lor trial in $300 bail each lor keeping
their saloons open on Sunday.
At tho Washington Place Police Court Jndge Duffy
held J. H. Hahlman, of No. 60 Sixth avenue; August
Drown, No. Vt'2 Greene atroet-.^August Schmelk, No.
100 Greene siroot, and William C. Cahill, of No 7ft0
Greenwich street, lor keeping open and Belling bear on
Sunday.
WHISKEY VS. BEEB SELLERS.
A number of representatives of that portion of tho
liquor dealers' fraternity which docs not bellevo that
lager beer is tho only liquid which should be furnished
to the thirsty community on Sunday, met yesterday
artornoon at Baker's Hall, corner or Twelfth street and
Third avenue, to dlscusa their grlovancos.
Mr. Richard O'Uormnn was tho flrst speaker. He
stated that he bad been deputed by the general organi
zation to request the meeting to donate ihelr propor
tion of tho funds necessary to carry on the war In
the Supreme Court, and to assist the society generally.
He did not, however. Indorse tho cause he had lo pre
sent for ho thought that tho action of the committee
In the Schwab case was detrimental to tho interest of
tho trado generally. The light. If light there was to bq,
on the question, should not bo taken on tbe lager beer
question. Tho issue was a general one, and II oue
branch of tho trade was exempted Irom oppression
i and the other pro-ecuted the result would certainly
prove disastrous lo all. Lager beer takeu in moderalo
I quantities
MIGHT SOT PK IKTOX1CAT1SO, WII1SKKT WAS SOT;
I but let either be taken In excoss (allowing, of course,
lor their relative strength), and tho result would be
I the same, ir the general organization persevered in
! tbeir present course of action nothing would remain
' but a decided course of action on their own behair.
Let them lako a teat case ol ibelr own, and il on Its
presentation to ihe courts il was decided adversely
then shut up (Applause).
Colonel Schuniz moved that the association decline
to contribute any money to tho central organization,
and the resolution was adopted.
It was alterward decided to engage counsel and to
take a test case at the earliest possible opportunity.
Tho case ttiat will most probably i?e brought before the
courts will be that ol Luko Trainor, who keeps a saloon
at tho corner of West Broadway and Walker street
WHAT TH? POLICE WILL DO.
The police authorities-Intend to lay before the Board
of F.xclse, without delay, a list of the saloons kept
open on Sunday in violation of the Excse law, with a
riew to the revocation ot their licenses.
Commissioner Morton salt) to a Mkkai.d reporter yes
terday that If the l'once Commissioners send such a
list to tbo Excise Board that body will make no dis
tinction between offenders against the law, but will re
voke the licenses of the large concert gardens as quickly
as those ol the smaller places.
ATLANTIC AND PACIFIC RAILROAD.
At a meeting of second mortgage bondholders of the
Atlnntlc nud 1'aclflc Hailrona yesterday a committee
was appointed to preparo a plan of reorganization or the
company, with instructions to report promptly. The
following l* the com ma tec: ? Joseph Solium an, A.
1'ierce, F. Butterflold, William II. Cntlin, M. F. Buck
ley, James P. Robnuon and Uriel Crocker.
RAILROAD FREIGHTS.
The various trunk railroads running ont of New York
to Chicago and all points east of ibat place adopted the
new tariff as inaugurated by the Baltimore and Ohio
Uailroad Irom Boston, thus bringing Boston and New
York in direct conflict. The present rates are now
twenty-five cents per hundred pounds for first, second
and Unrd class freights, nud Sixteen cenu per hundred
pound? for fourth class and special freight. Should tho
rates from BonM be *ull iurther lowered tnn lines
from New York will lollow suit, but no further reduc
tion is looked I or.
I'asscnper rates have suffered no further reduction
to fsr, although It is expected that during the coming
| week the fare to Chicago will be brought down as low
{ a.? $1Z
Eastern bonnd freights still remain the same and are
I considered to be as low ss can possibly be reached.
ATTEMPTED, SUICIDE IN THE TOMB&
On the 10th Inst Justice Murray committed William
Shelly, sged tlfty years, a porter, to tbe Tombs, in de
fault of $.">00 tall, on a charge of assault and battery.
On Sunday night, whilo confined In Mil 123. he bor
rowed a pocket knife from Ills cellmate Rnd cut his
throat, inflicting a very severe wound. He was at onoo
taken out of the cell by Keepers Finn and Cover and
placed iu the hospital ceil, where llr. Ureses attended
to htm. He is now in a fair way ol recovery. On be
ing asked what Induced him t>< attempt filicide lie
informed Warden (fulnn that his ststet-iu-law bad
prejudiced his children against him.
SUICIDE OF A COLORED COACHMAN.
Vesterday forenoon Thomas Scott, a negro, aged
thirty years, was found seated on a sofa in tbo front
, basement of his house. No. !>M Ilaltie street, Brooklyn,
with a bullet hole in bis left temple. He was dead
when discovered by his wife. Deceased was once
coachman to Mr. Belden, of New York. Yesterday
morning ho said to hl,s wife, "Mis, whatever 1 do or
whatever happens to me, u Is lor the best." Moon
alter this lie ii.mdetl her his watch and chain and some
money, when two men called at the door and she went
out to ineot them. While In conversation with theso
visitors she waa startled by tho report of a pistol, and
gotng Into the basement found the hody ol her lius
hand as described. Coroner Hims held an Inquest on
the body in the evening. A Verdict of suicide in ac
cordance with tho above tacts was rendered by the
Jury.
SUMMER HOME FOR POOR CHILDREN.
The Seaside Home at Bath, Long Island, was openod
for too reception of children yesterday by the Chil
dren's Aid Hooioty. Tho Best company consisted of
about one hundred poor children firm tho industrial
schools. The Homo bas beta enlarged since last sea
son, and ll:u managers hope to extend Its taaellts to
man/ niorc than la former yearn.
A BANK IN TROUBLE.
Another eity savings bank baa been enjolntd from
transacting any business for the present Bank Super
intendent Kill* baa obtained an injuuclion againd the
Mechanics and Traders' Savings Institution, No. 283
Howery, near Houston alreal, on the crouud of a do
Octency in Its resources, caused by the depreciation of
certain Southern Stale securities held by the bank.
The injunction order vu Issued by Judge Landon. of
the Supreme Court, and, together with an order to
?how cause why a receiver sbonld not be appointed,
was served on the bank officials yesterday. The order
to show cause is returnable to-day at Albany. Last
autumn there was a ran on the bank, which was
checked by the publication of a statement to the effect
that the bank could more than meet Its ItabilHiea But
though the run torintnatcd the bank suffered in Its
credit with protpective depositor*, and since then the
receipts bave not been at all up to the expectations ol
the officers At the beginning of the year the inllow
inf statements ol the bank's affairs was forwarded l?
the Bank Superintendent:?
KKttol'kCKft AMD LIABILITIES.
Hf tourer t.
Bonds and mortgages $010,050 Ot
Stock Investments:?
Stocks nnd bonds ol States other than Sew
York, cost 1,310,012 23
Ranking house and lot, cost, 7U.U93 aC
Other real estate, cost 68,74(1 00
Cash on deposit in banks or trust com
panies 78,101 67
Cash on hand 15,000 00
Accrued Interest 82,340 !*3
Interest due less thau six months 2.936 AO
Suspense account 39,127 07
Judgment secured iiy real estate 6,364 48
Deficiency based upon real estate at cost
and stock Investment* at market value. 6,028 31
Total $2,242,998 07
Limbiktie*.
Amount due depositors $1,977,672 42
Othrr Liabiiititt.
Excess of cost over market vaiun of stock
Investments. $186,420 26
Loan had on Rochester city bonds 80,000 00
Total .$2,242,1)91 07
Surplus based upon market value of real
estate and stock investments 9,630 13
At that time tho bank held securities ol the Southern
State* whose estimated market value was only $230,1170,
lor which the sum of $465,945 22 had been paid. A
Hkkalu reporter inquired of Mr. Alfred T Conkiin, the
president of tlio institution, yesterday, what the pres
ent condition of the bank is, and was told In general
terms that the depositors would get all that Is due them.
Mr. Conkiin said, however, lie could not tell what
Southern sot-urines they held without going over tho
books; but he proceeded to enumerate certain other
securities that bud advanced In valuo sinco being pur
chased by the bank. Counsel will appear at Albany
to day on behalf of the baitk, who will endeavor to
show that, II let alone, it can settle its own allatra with,
out a receiver. On Wednesday morning, said Mr.
Conkiin, wo shall know the result. News ot the action
ot tho Rank Superintendent not having yet reached the
cars of the depositors, very few called during tho day,
although the bank now has on deposit about a million
and a half of dollars.
The action of Superintendent Kills Is the consequence
of sn investigation made last April.
COMPTROLLER S OFFICE.
Comptroller Green paid yesterday the laborers on
small pipes and pavers to June 1, amounting to
$6,483 70. He also paid $6,700 to the Commissioners
of Charities and Correction lor the poor blind of this
city. Ho will pay to-day the armories of tho various
regiments for Bay.
The proposal ol Stephen Roberts lor grading and set
ting curb in Tompkins' square having been receivod al
the Controller's office yesterday Irom tho Depart
ment of Public Parks with the consent of said depart
ment to the substitution ol a surety, Comptroller
Green has approved of the sureties offered and re
turned the proposal 10 the Department ol Public Parks.
Comptroller (ireen yesterday signed warrants on tha
iollowing account* and transmitted the same to tho
Mayor lor his couutor signature:?
Nursery and Child's Hospital '. $8,043 47
Street Improvement fund 8,345 60
Public Charities and Correction 2,499 18
Kire Department lubd 4,808 83
l'ublio Instruction 16 10
Armories and drill rooms, Halaries of armorors 1,203 00
Croton water main luud 20* 91
Croion water tund 376 00
Health lund. 20 00
l^amps and gas 104 72
Ropamng aud keeping in order wooden and
concrete pavements 880 00
Supplies lor and cleaning public offices 894 03
Aqueduct, repairs ami maintenance 742 00
THE BU1LDINU DEPARTMENT.
At ltst the payroll called lor by the Board of Alder
men previous to an investigation ol' the Building De
partment has beon published. The report shows that
ihn amounts paid wero:?
January, 1875... $8,313 99 October, 18T6... $4,826 20
February, 1875.. 9,177 24 November, 187.Y 4,204 94
March, 1S76 9,917 03 December, 1876. 1,87 1 00
April, 1875 10,117 00 Janu'rv, 1870... 7,108 43
May, 1875 10,431 64 February, 1870.. 7.497 0-1
June, 1876 9.263 09 March, 1870 7,841 44
July, 1876 8,857 10 April, 1870 7,86a 81
August, 1875.... 8,291 13
September, 1875. 7,716 90 Total $123,348 6'
Deducting tho amount paid during the lour inonihi
ol this year wo have $92,980 80 as the amount paid thi
officers aud attache* ol the department 111 1876. Tui
appropriation tor salaries for that year was $93,G0Q
ana lor contingencies $2,OOOi Total, $96,000. The In
vesication will not be commenced until after Aldermas
I'lnckney returns from Cincinnati.
MUNICIPAL NOTES.
Several Aldermen on the republican side aw absent
at Cincinnati, and commltteo work is consequently a
a standstill.
On May 31 there was a balance of $033,071 66 In tlx
city treasury. Last week there was $508,008 23 re
ceivod, $944,184 68 disbursed, and on June 10 then
remained on baud a balance ol $704,706 30.
Tito Comptroller has cut oir tbe supply of loe w%tor
that used to slake tbo tbirst of iho visitors to the
Finance Department.
There is a police officer attached to the City Hall who
preserves ail the stumps o( Mayor Wick barn's cigars.
BROOKLYN COMMON COUNCIL
MATOB SCHBOEDKR'S VETO OF ATPROPRIATION8?
THE PARE COMMISSION MUDDLE?APPOINT.
MENT OF MEMBER8 OF TBE BOABD OF EDO
CATION?THE RESERVOIR.
At a regular session of the Brooklyn Common Coun
cil yesterday afternoon, President French in tbe chair,
a veto message waa receivod from Mayor Bcbroeder
disapproving tho resolution of the R >ard making an
appropriation of $208,342 for tbe maintenance of tbe
water works. The Mayor states that the purposes for
which the appropriation Is made are not sufficiently
and distinctly deilned. Tho appropriation of $78,000 for
the extension and distribution of water was also returned
disapproved. Tho appproprtation Is made in grosa
amount, no details being givun. Tho vetoes were
pUccd <>n Die.
Tlie Common Council, alter a warm party discussion,
rescinded the resolution of November 22, 1876, appoint
ing Kdwaru J. Howe and C. J. Bergen as Park Com
missioner* The vole was thirteen to ten. Tbo vacan
cies will probably bo lliled at thn next meeting of the
Board, when two republicans will be appointed.
The following names were sent into tbe Common
I Council by the Mayor tor confirmation as members of
| the Board ol Education to (111 vacancies:?Albert Am
. merman. A. N. Bell, Silas H. Dutcher, Joseph Bungcr,
! John Klytin, John Oavls, John Cunningham, W. W.
i llurll uit, K. Theal, Oscar Frlsble, 11. K Wheeler, H.
I it. Wheeler, E. J. Whltlosk, Edward Howe, Robert
I Snider.
The nominations were unanimously confirmed.
A report was received from tin- committee on th?
erection of a new municipal building, m which they
stale that tbe land adjoining the Court House hns been
deeded to the city, and the building contemplated
would be of brfck, 100 feet front by 150 feat in depth.
It is to he lonr stone in height, ami will ho < ccupicd
by tbe Tax Collector, Hoards of Assessors. City Work*,
Police at.d Excise and Health Tho committee recom
mended that a contract be awarded for digging the cel
lar. The building Is to bo ready for occupation May 1,
1*77.
A petition signed l>y 1,000 residents of South Brook,
lyn was rucrit cd asking that Uowanua Canal maybe
purified by tho erectiou of a tide gate for flushing thai
channel, lielerred to a committee.
The Railroad Committee presented a report and
resolution* authorizing tbe Crosstown nod Hunter's
Point Railroad Company to make the necessary
changes tn tbe switches nud turnouts, so as to accom
modate travel on Hroa l?ay, and iay double truck*
The resolution waa adopted
A resolution waa ofTcred by Aldorman Rowley In
strnctlng Corporation Counsel De Witt to appeal from
the order ol Judge Neilson directing a reference in the
suit of W. C. K:ngsley and A. C. Ki eney, the atoragl
reservoir contractor" against the city. The reaolntioo
was referred to the Committee on Water and Drainage.
BURGLARY AND TORTURE.
A burglary, accompanied with torture, took plaije la
Newark on Sunday morning. Hieronymus Indormoie,
sexton of St. Mary's Cemetery, was sotaed, blind
folded and bound while In bed by two men, who thea
rifled hie apartments. They took his wages and thea
tried to torture more money out of him. They had
heard, they said, that he had $30 more than
tho $16 found in bit pants. This be denied. Thar
then lighted a Ore and held the nma'i leet ever the
flames with a view of compelling him to divolge. Hut
ho had nothing t? divulge. Finally, the (lead* threw
htm on the t?ed end left. Passers-by in the morning
heard hie groan* and rcieeeod htm. Me Is badly, but
aet dangerously burned. Mo arreeta have been mat*