The New York herald. [volume], July 07, 1876, Page 11, Image 11

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

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THE COURTS.
1 Competition That Is Not the
Life of Business.
m!W OF FRAUDS IN TDK PIANO TRADE.
Fto Twmti-Thini Rtwt failmad damanr Enioined
from Leasing the Bleecker Street Railroad.
IMPORTANT GENERAL TERM DECISIONS.
lilt Involving questions of considerable Importance,
not alone to plane dealers but to the public generally,
ta now in progress In the courts The action has
been brought by the Itrm ol Decker Brothers, the well
known piano manufacturers at Union square against
Herons A. Decker, Robert Casbln and Biegmund L.
Otio. It is set forth la their eonfplalnt that lor many,
years they have been extensively engaged la manufacturing
and selling pianos ef various kinds sixes and
qualities, ef the best material; that in the manufacture
of such pianos they have at great expense engaged the
best skill that can be obtained; that their pianos are
sold all over the Union; that in order to protect their
business and to (listingutsh thoir pianos they have for
ihe laal fourteen years used the name Decker Brothers,
tad have so labsliod their pianos; that their pianos
have become known to the public generally as ths
Decker Brothers' piano, or Deeker pisnoe; that they
tre the only persona bearing the name ef Decker and
related aa brothers who are engaged tn the manufacture
and sale of pianoa; that they hava ascertained
that a spurious and inferior piano tn every respect to
thoir manufacture is now being sold throughout the
United SUU.M under the name of Decker k Broihera,
which name la la ball ad on Ibo name board
of Iba pianos of snab parsons, indicating
that they ware manufactured bp Decker k
Brothers, while, In fact, there are no parsons In
the piano manuiacturtng business who do buslnesa under
snab firm name, or who are entitled to nse such
Arm name, and that such Arm name la a mere Imitation
ol the plaintiffs' firm name, and la made uee of for
the purpose of defrauding tbe plaintiffs of the legitimate
profits of their bnsineaa and of cheating and defrauding
the public. The complaint further alleges
that the defendants' in this action hare been, and aro
sow engaged in selling such spurious aad Interior
pianos, which, by means of advertisements and otherwise,
they leave the public to believe were manufactured
by tbe plalntlffb; and the plaintiffs also allege
that, by such action on the part of tbe defendants, the
plaintiffs' business standing has been Injured, the reputation
of their busluess lessened, and, consequently,
extent of not lew than $10,000. The plaintiffs pray
that the defendants be enjoined from making any uae
?f the Arm name of Decker & Brothers or of any like
. tame, and from labelling the same or any like name
ipon any pianos, and from aelling or disposing
?t any pianoa having the namo pecker It Brothers, or
any like name, and that they be compelled to pay to the
plaintiffs such damages as shall be ascertained they or
any of them have caused to the plaintiffs, li Juno
last Messrs Townsend and Weed, the plaintiffs'
attorneys, obtained an order from the Court directing
an examination of the defendants. Marcus A.
Decker and Robert Casbin, the defendants, answered
tbe complaint denying generally that they bad damaged
the plaintifls and setting forth that they had a
right to tbe use of the name. Mr. Otto made application
to tbe plaintlOb' counsel to be relieved Irom the
effect of the action as against himself, claiming that he
had been Induced to enter tbe business and was willing
to give a lull and complete statement of tbe roauner in
which the business had been conducted and tbe way
that the frauds were perpetrated. Ills proposition was
accepted, and yesterday be was examlnod in Court by
Mr. Jonn D. Towusend.
Mr. Otto, having been sworn, testified tbat be had
known the deleudtnt. Decker, since May last, when be
was introduced to him as a person lamiliar with the
piano busluess ; that he (Otto) had some considerable
mouey idle, and Detug informed that be could double
It in a short time was induced to make an agreement
in writing with the said Decker. This agreement was
produced by Otto, and by Ms terms Otto was to turnisb
all the money lor the purchase ol pianoa, expense* of
- rent and employe's, be responsible lor losses and to pay
Decker $18 a week tor his reprices, and also $10 lor
each piano sold by Decker upon wb cb the name of Docker
& tiro: hers, should oe placed or by means of whirn
name, as manufacturers, a plana should be sold. By
this agreement Decker gave to Otto tbe exclusive right
lo use tnc name of Decker & Brothers in all advertisements
ol the pianos and to uso the catalogues and
billheads, which Decker lurni-hed. Decker agrees, lor
loch consideration, to devote his whole lime to tbe
telling ol such pianos, and to give to Otto the benelit
>1 bis experience in buying and sailing,
iml l<? bold Olio harmless against any other
person ibnn himself who claims the right to use the
Same ol Decker Ac Brothers, and he further declares
In ibis argument that he has no brother engaged In
the piano business, but that ho alone has the rlsht
to use the name of Decker k Brothers, and Decker
luuber and Unally agreos with Otto that ho will
put the name of Decker & Brother on any
piano which is purchased by him or Otto and
remove the name or names from any pianos wnich
may have names upan them when purchased, and
agrees to (uruish the stencil plate lor cuch purpo-e.
Upon ibe application ol Mr. Townsend, Mr. Otto pro
ducod some notices of tbeir business, about 2,000 or
1,000 of which, no said, had been circulated tbreughtmi
the country during the last month. These nonces
let lorth that Decker k Brother* kept square and upright
pianos of tbeir own manuiaciure, and that
ibey did not advertise any patent humbug
lor the purpose of blinding the public,
tod that no pianos were genuine?that is, of
tbeir make?unless tbey bsd thsir name cast in the Iron
* slate at the left band corner inside el the plana Upon
toiug questioned in regard to this circular Mr. Otto adsuited
that the statement of their having pianos of
heir own msnufsclure was a lie, ss they bought the
pianos whersver tbsy could buy them chespest, and
that Decker put the name of Decker A Brothers on
them after they came to tholr store. Ou being luterrogated
*s to the name oi Decker & Brothers being cast
in the iron plate on the piano Mr. Otto exhibited some
brats letters making up lbs nameoi Decker k Brothers,
which, be said, Marcus k Decker bad purchased and
wblch be stuck on with some preparation which be
bad. Mr. Otto also produced samples of the billheads.
rard?. sc., which en |?,rlh ibo tlrm of Decker A
Brothers as manufacturers. He waa also shown an advertisement
In a New York paper of Decker A Brother*
on Junei, in which they alao claim to bo inanufaoturera
Mr. Otto confessed that this waa all trand and
*otten up with the expectation that the public would
mlalake tbem for the plainnfla. Decker Brother*, and that
they could do busineea in that way. Alter furtOer examination
Mr. Otlo produced several stencil plalea, which
he stated that Decker had brought to htm for uae in
toe biittneM, one marked "Steinway A Son*, Grand
itreet. New York;" one 'Stodart, New York;" another
of "Newton A Co., New Yorg another of "The Inland
Dlty Piano Company. New York;" another oi "C. 1,.
Decker. New York;" another of "Decker A Brothers,
New York;" another of "Decker A Brother, New
York;" another "W. I? Bradbury. New York." Mr.
utto alao exhibited a price lut oi pianos, and testified
tbnt pianos which they olTered to the public lor $460
coal $170, and tbose they offered for $77? coat $100.
Alt these evidences of fraud, Mr. Townrend, with
the content of Mr. utto, took into bla possession, and,
It is said, will base a criminal chsrge upon tbem.
Decker waa partially examined, an<t, although hi*
sxamiuatlon was not complete, it confirms in the main
the testimony given by Mr. Otto. He says that they
never maunlactured ny pianos, but simply bought,
marked and aoid thcra in the manner deacrbcd Hla
further examination will be resumed ou next Tuesday.
TWENTY-THIKD STREET RAILROAD.
In lha Court of Common Pleas, Chambers, yesterday,
?a the tM parte application ot Mr. Orlando L. Mewart, |
I ta counsel for Alexanuer K. Chisholm, Judge Van i
Brant granted an Injunction restraining the Twentythird
Rtroet Railroad Company from accepting a lease
ef the Bleecker Street road. The suit In which ihia
Injunction nas been granted has been brought by Mr.
Ctuaholra, a stockholder of the Twenty-third Street
Railroad, in the interest of himself and that of bit
fellow stockholders, to all ef whom leeve Is given to
|oln with him. lo his complaint be alleges, in substance,
that the Twenty-third street Railway Company
Is a corporation duly organ zed under the general I
Railway act of the Bute of New York, on the 10th day |
o. May, 1*<I9, with a capital stock of 0,000 shares, rep- {
resenting in all $600,000, and a bonded debt ol $2.i0,00H
Such corporation waa empowered to recelvo a Iranv
cb se to construct a railroad through Twenty-third
street, in this city, passed May 10, 1409, such road to
run from the North to the Kant River. The franchise
esenvldo/t the! tk/. waw. eka U..LI.. P.aJ I
.... ... v?uiiuw.?ini ?uo niunui; r uuu
iboui<l ISM tie a cerllBc.ite lo parlies to construct
hi I operate such a ro?d, and thai the party re- |
cclviug aneh cerltltcaie should construct and operate '
a road with double tracks on Twenty-third street, Irora
Xor.h to Rest River. I tie Common Council shall liavo
the right to prescribe regulations and the rate of fare,
and the company the right to acquire real estate necessary
lor the purposes ol the iranchlee. By an act
^ passed in 1S72 the powers conferred by the act ol 1HS9
V on the Commissioners of the Sinklog Fund were trans'
r ferred to the Comptroller, snd the latter ?u author
lead to aie certificates t? tt i. Yeomaas ea the par-,
NEW
snout of $140,000, or giving oeeurtty therefor, that ha
or hi* successors and assigns ara entitled to the grant
ot the right*, privileges and Iranohieea enotarred by
ib* aet ot 1809, but requiring tbat b* or bla aasigu*
Itnlab and equip tb* road within eight mouth* Iroin the
time 01 receiving aocb cerllOoate. not Including such
time aa tbejr may be restrained by prooaaa ut law. Said
franchise, the complaint farther allege*, is valuable,
and, under economical and proper administration of
the affairs of tb* company, it has paid and will continue
to pay, In all probability, a dividend upon lb*
mock and a lair return upon the capital Invested.
Plaintiff, having faith and confidence la tbc remuneration
and return upon bit capital Invested, in aatd defendant*'
railway, and puronaaedth* stork ot tb* corporation
with a view to making a Judicious, proper aad
permanent Investment. Ha la advised and iniormed.
Qd believes, however, that the corporation, through
IU agents, directors sod officers, has made an offer, in
terms set forth In a proposed lease, to acquire the franchises
of the Hleecker Street and Fulton Ferry Kailroad
Company. Plaintiff Is advised, and so charges,
that the Uleeckor Street and Fulton Ferry Kaiiroad
Company is insolvent and encumbered with debts 01 all
descriptions; that said offer waa made one of a series
of litigations, now pending In the Supreme Court of
this State, in one of which a receiver waa appoinied,
and in the othvr of which tbe Attorney General seeks
to vaeate tbe corporate privileges and Iraaeblses of tbe
road; that Id tbe same ooult there is also pending s
proceeding on bohalt of tbe city of New York to compel
tbe payment of sums ol money by the Bleeckur Street
and Fulton Ferry Kaiiroad Company,aipoanttng to about
$00,000, lor license lees and taxes; tbat there has been
recovered In favor of tbe oily a judgment lor rent,
amounting to about $20,000, and tbat sucb proceedings
show tbe Bleecker Street company to no uonvily and
almost bopelersly encninbored with mortgage
debts to tbo amount of uearly $l,000,u00, n
stock capital cf about $900,000, a floating
nnd lodgment debt of about $160,000 to $260 000,
and that it Is questionable whether tbe said road now
baa any franchises or right to exercise its corporate
privileges, or whether It baa any values whatever, except
its rolling stock: whether the good will and value
of the "incorporeal chattel," known aa the franchise of
tbe eaid road, which lorms tbe basis of the greater part
of tbe money value of its stock capital and mortgage indebtedness,
wan or wma not forisited to tbe State, and
is or Is not stow forfeited in tbe action brought by tbe
Attorney General by reason of tbe Insolvency of tbe
company lor more than a year, the non-user of part of
the tranchiaes of tbe road and lbs nou completion of
tbe extension authorised by tbe laws of 18TA Tbo
plaintiff further alleges, as he is Informed and believes,
tbat tbe Bleecker Street company claims the rtgol to
lease Its read under an act passed in H?73, entitled "Au
act to authorize tbe Bleecker Street and Fulton Ferry
Railroad Company, of the city ol New York, to extend
their railroad tracks Uirougb certain streets and avenues
in tbe city ol New York;" and another and somewhat
similar act paaeed in 18*5; and under these same
two acta the Twenty-third Street company propoaea to
lake tbe lease. Anil tue plainlitl ta advised, believes
and to charges, that tbe execution of eald leaae
will injuriously affect the value ol tbe plaintiff*'
lock la aald latter corporation; will permanently
injure the Interests o I the aalil corporation;
la ultra viree aa to sntd corporation, beyond the scope
of Hh authority aa granted by the Legislature; la agalnet
public policy, and In so tar as legislative sanction may
be said to have bean obtained lor the proposed art,
such legislation la unconstitutional and void, Said
acts do not oouler the authority which the said Bleecker
Street and Kuiten Kerry Railroad COhtpauy allege and
pretend that they have; that tbe came are unconstitutional,
against publio policy, void aud of no ellecL And
plaintiff turtber shows that the act of leaalug tha
Wrecker street road will work harm to him in that it
encumbers tbe Twenty-tnird Street road, having a capital
of $000,000 and a mortgage debt of about $260,000,
wilb obligation* amounting to about $2,000,000 additional
aa follows:?Assuming the payment of mortgagee
amounting to almost $1.000,ou0; payment of
?lA?.lw-Aa.,? ....o.talwart I., ha ahnnl 41^11 AlUk utlrf Ko?
much more not yet ascertained it is impossible for bim
or any one eleo to tell; guaranteeing tbe payment of
dividend on a capital stock u! Woo,000. Huch assumptlon
of aucb payments will utterly awamp and Irreparably
Injure tbe corporate property and capital of tbe
Twentv-lblrd Street company and make valueless tbo
filalnilfTa properly therein, and, In tact, tbus competing
b<m without bis consent to invest bis money after
bis rights bare once become rested in a different and
otber enterprise than that in wbicb be Invested bis
money; that it Is diverting It to oilier purpoeea, diflereut
and otber tban the legitimate objects and province
of the-said Twenty-third Street Kailroad Company, and
upon tbe lalth ol which pluiniitt invested bia money.
All acts or parts of acts which authorize tbe divestiture
of plainitfTs property lor tbe purposes contemplated
by the officers ol tbe Twcuty-tbird street corporation,
and herein complained ol, are unconstitutional
and void, and are au indirect way of depriving plaintiff
of bis rights of properly without due process of
law. By tbe amendment of the constitution of the
State ot New York, seotion 18 ot artlcie 3, It is provided
that, " No law sbail authorize the construction
or operation ot a street railway except upon certain
conditions in such section prescribed," and all laws
and parte of laws wbicb would aulborizc or would
seem to authorize tbe Twcnty-lbird Street Railroad
Company to build and construct a street railroad, not
within the franchises granted to It, la in direct violation
of the letter and spirit of this soction, and is unconstitutional
and void; and that it is equally unconstitutional
an I void tor the lllueckcr Street company to
attempt to conlor the said irancbiso or transfer tbe
seine In the face of such provision. Therefore the aot
of tbe officers and directors ol tbe aaid Twenty-third
Street company is in direct violation of the
constitution of tbe iMate of New York, and
won.d, If permitted to be consummated, be not only,
as herein before stated, au usurpation ol powers of the
olflcers of tbe UclenUanl corporation, tbe encumbering
ol a corporation with a small capital with a load of
obligations wbicb it is not calculated to bear, and would
b? tbe squandering ol tbe moneys ol the company for a
pretended franchise, which II will not be permitted
to exercise, end which will be utterly vatuelesi
In Ite hende. The plniutill, thereiore, pmve In hie
own bebalt and In behali of those similarly situated
with him, that the said delondant corporation. Its officers,
directors and ag nts, by the Judgment aod decree
of this Honorable Court, shall he ciijomod and restrained
from executing the said lease, or any part
thereof, or to take tiny lurther steps with a view to
executing the same or to enter upon the same, or to
do any act or acta with reference to acquiring by purchase,
leaae or otberwiac any of the property, rights
or franchises of the said Hleecker Street and fullon
Kerry Railroad Company or to do any other act or acts
which will waste the property ol the said defendant
corporation, or in any wise dispose of the moneys
thereof in any manner not authorised by law, nor public
policy, or to do aoy act or acta against the interest
of the plalntlfT herein and those similarly situated with
blm.
The Injunction conforms In terms to the foregoing
prayer ol plaintiff, and la aoocmpaoied by an order to
the Twenty-third Street company to ahow cause on the
loth met. why it should not he restrained permanently.
GENERAL TERM DECISIONS.
The Supreme Court, General Term, Judges Davis and
Brady on the Bench, met yesterday pursuant to adjournment.
Aside from handing down a batch of
opinions lbs only business transacted was granting an
order to show cause why Tltna B. KMrtdge should not
be debarred on account of alleged professional Irregularities
In connection wltb the proceedings before the
Surrogate In the Barroore will caae. There were nearly
eighty opinions, being decisions mostly upon cases
argued ' the Uat term of the Court. Bat lew, however,
are in cases of special public Interest, and, for
that matter, the facta in nearly all of tnem were fully
given In the Useald at the trials of the cases. Below
la given an epitome of the most Important opinions ?
Among the decisions banded down was the Judgment
of the Court id the rase of George W. I.ootn is and
Tbomaa Lewis, familiarly koown to the police as the
"Twin l/ODnaenc? wen, in wuuae ucnnu application
waa made by Mr. William T. Kinixing lor a new trial at
the laat session of tbe Court Tbey were convicted at
the December term of tbe Court of General Sesaiona,
before Judgs Sutherland, el the larceny ot $00, by
trick and device, from Cbriattan Olaaon, an emigrant,
and sentenced each to an impriaonment of flee yeara
to Ibe State Prison. Tbe lacts, aa developed upon
tbe trial, allowed tbat tbe accused "picked up" Olaaon,
whom tbey prevailed upon to vlalt a drinking a*loon,
in wbicn place tbe accuaed commenced 10 throw dice.
Lew la induced the emigrant to loan hfm $00, In order,
aa be aald, that he might win aorae nionev Iroiu
Loom it, promising, should ba loee, to go to the hank
and get a check canned lor $600. wbicn h* said ba oad j
In bis possession, and then pay back tbe ifoney. Aa a
maiter ol oourae, Loom is won, alter wbicb the accuaed
both dtaappearrd. leaving the emigrant alone minus bia
money. Upon Ibis state ol larls the Judge charged too i
jury that ll the accused conspired irauduiently and \
lelonioualy to obtain me money and intended to convert
it absolutely to their own use. without the emigrant's
consent ami sg.nn?l nis will, they could convict,
to wmcb the counsel excepted Mr Kintxing contended
that the conviction was illegal, the cornpiainaut
having parted not cmy Willi the |>o*i<?aeiun of the
money, but also with his property In It; that It waa
not taken either agauat h is will or without bis consent;
that there was an entire absence ol any ties pass; that
the money was loaned in bills, knowing that the same
was lo be used in a gatne ol chance, thai in so doing
he lost al> control, power and poase-aion; that the accused
were intrusted with tbe possession ol the money
and were not expected lo re<urn the identical bills, and j
that me return ol other hills wcra expected in luturo
to liquidate the dent. Counsel further argued that {
where ll appeared thai the ownei of personal properly j
intended to surreudtr title and daliver possession absolutely,
it waa not larceny, although lie had been luduccd
to part with it by Iran lulent means. District
Attorney l'nelps took a contra v ew, contending
that the money waa oblaiued with a felonious
intent, through trick and art I lice, and
w ithout any intent upon tbe pari ol ihc emigrant to
part absolutely with hie property; that the nccus<d
conspired together to deirnud linn out of hit inouey,
and that Hie rousem of u party obtained through fraud
wax in law no consent ut all, and that the law require*
free and intelligent action of the mind. Th* Court, in 1
an able and exhaustive opinion delivered tiy Judge {
Daniels, refused to grant a new trial, holding (bat no
error had be?n committed in the court below and that
the lacia in law made out a case of larceny. It la ibe
Intention of the counsel for the prisoners to apply lor i
another writ of error aud remove tbe case into (lie
Court of Appeal* for Una! review.
In the ca-e ol The I'eopie ex rel John H. Elliot vs.
The New York l otion Exchange.?John H. Valentine,
lurroerly a member of the Exchange, was expelled.
Mr. Valeunne's seat In the Excliangu waa sold to Mr.
Elliot. Elliot asserted Ins right to tbe seat, but the
committee decided adversely to him, whereupon lie
sued the Exchange lor au injunction raai.atiniig ihe
sale of the contented seat The defendants considered
this a contempt, and Elliot waa expelled. The mailer
came'up he lore tbe Oenaral Term on an appeal from an
order sustaining a demurrer ton writ of mandamus
YORK HERALD, FRTDAY
sued out by Elliot to compel tbe Exchange to recognize
his rigbt to the seat. 1 be Court, Judge Brady giving
lite opinion, affirms tbe uruor of tbe court below, noid>
tug that plain nil's appeal to tbe courts waa uuoer tbe
Circumstances just aud equitable and not contrary to
tbe bylaw* ol deleudnnta
In tbe suit* against William C. Kiogaley and Win, A.
Fowler, arising irum lb* alleget^Brooklyn King frauds,
tbe General Term affirms lb* decision ol Judge Barrett,
ol ibe Supreme Court, changing tbe venue from New
York to Brooklyn. Judge Brady, who gives the
opinion, bold* that delendants were aozing as public
ofllcers, and within tbe scope ol tbelr authority when
lb* contracts wore mad*; sod It ia no answer lor plaintiffs
to say that a fair trial oannol be bad id Kioxa
county. When a motion Ia mad* on tbat ground II
should not be trade until alter issue joined In a suit ia
Brooklyn.
The General Term gave decision also yesterday In the
ult of Minnie llauck vs. >umnel Craighead el al, executors
ol Lalayelle Harrison. The suit waa against
tDe tiwDiori ol S. V. Pike, a guarantee lor tne performance
of Ibe agmunnl on the part of the defend-*
aula with Miss Hauck, on which the plaintiff auen for
balance of agreement for one month'* operatic kinging.
In the Court below the complaint waa dismissed. Tho
OeneraJ Term, through Judge Brady, reverses that decision,
and orders a new trial.
THE BLEECKER 8TREET RAILROAD.
A brief session was held yesterday by Mr. Isaac Dayton,
the referee appointed by the Supreme Court to
take testimony In relation to the aflalrs of the Uleecker
Street Railroad. The only witnesses produced were
presented to testify in relation to tho receiver having
indulged In some drinks with his friends some time
more than a year prior to his apiieintment to office.
This was objected to on the part of the receiver as being
merely going over old ground ana altogether loo
remote. Mr. Scribner, on behalf of the Twantv-third
street road, replied that they bad been charged with
heretoloro producing only discharged conductors
against the receiver, and now they wauted to produce
souio respectable witnesses. Hs was permitted to produce
thnm, and did so, one of whom, at least, wss of
that mysterious class styling themselves "agents," and
wbo tftm to be sgeuts (or everybody anil everything
In general and nobody and nothing la particular.
James Phillips, ot No. 80 Kast Fourth street, gave
testimony as to having seen the receiver, as much as
nearly two years back, under the influence of liquor.
On cross-examination by tlr. Kobbe be said be was an
agent, but without any office; about Ave years ago be
was in I he Department of Publio Works; the business
ol renting houses he used to do In Mitchell's drinking
saloon, corner 01 Houstun street and Broadway; on the
night ho thought ho saw the receiver uuder the mtluenoe
ol liquor he was at Collier's place, on the
corner ol Thirteenth street anu Broadway;
some slight disturbance occurred there by reason
ol a party named Hooy or Hoy golug up
to tho receiver, wbo wss making notes in a red bo<>k,
and putting some question to him tn relalioti to what
ho wss writing; he knew Jacob Bliarp only by reputation;
never hsu any business relations with him; did
not speak to him this morning except to bid him good
morning; borrowed $'J Irom Sharp this morning to
set his break.set with. Thomas Wood, of No. 222
Thompson street, who has no particular business at
present, was a revenue officer In 180b in the Filth district,
and 'had co occasion to bo in business since ; Is
Interested In tbo shoe business with hie brother-inlaw
In Plainfleld, N. J. ; saw the receiver oh but one
occasion, when be appeared to be uuder the influence
of liquor, and that was on the same occasion us testified
to by the previous witness. On cress examination
he said he knew Collier (wbo keeps a saloon) for
about twenty years; there is a club room over the
place, a place where gentlemen congregate to enjoy
themselves; baa beon In the olub room and scrn cards
and faro played there, but does not know if It is a
gambling house; has known witness (Phillips) lor
some time, and has seen him tu the club room.
SUMMARY OF LAW CASES.
Suits have been begun In the Uulied Slates District
Court against D. D Wrand for balance of duties, and
against James Sexton for debt on penalties
Judge Donohue gave an order yesterday dlreotlng the
receiver of the Blcecker Street Kallroad to pay $274 to
Robert Bonjnge lor stenographic report* of the examination
ot witnesses belore Mr. Isaac Dayton, referee.
Judge Weatbrook, in .*upremo Court, chambers yesterday
directed the receiver ot Hoyt, Sproguo 4 Co. to
pay a dividend of ten per coot to such ol the creditors
of the Arm whose claims have been proved befqre the
relerce. About $4,000,000 ot claims have been proved
QU Aiiuweu. .
GENERAL SESSIONS?PART L
Before Judge Gilder.ilecve.
BIOAMY.
Henry Schuchart, a carpenter forty-two years old, <
formerly living at No. 116 Cbryatie atreet with hla wile
Matilda, to whom be wan married In Hamburg In 1869,
waa placed at the bar on a charge of bigamy. It appeared
ihat on the 4th of March lust be leil hla wife
aud married Miaa Augusta Doedc, of No. 346 West Klftyluurlh
street, the ceremony being performed by Itev.
F. J. Schneider. The charge having been fully sustained
be waa sentenced to a year's unprisonrncut.
Timothy J. Leary, seventeen years old, of No. 68
Centre urect, was charged with picking the pocket or
Rudolph Lawrent, ot No. 1,014 Third avenue, ol a gold 1
watch on the 27th of June last. He waa .'ound guilty, |
but recommended to mercy, lie was remanded lor ??n- '
lenco :n orqcr to allow mm to produce evidence aa to
previous good character.
ALLXOID FELONIOUS ASSAULT.
John O'Donnell, a 'longshoreman realding at Sa I
158 Cherry atreet, waa indicted Tor feloniously aa- |
aaulting bia wife w:ih a knife on the 25th of June and 1
cutting her in the tace while atie lay aaloep with her -j
child. ftie woman bore evidence ol rough treatment, 1
but it waa teatlded to on the part of the prisoner that
.his wife waa under tho luduence of liquor, and that the
cult and brumes wore the result ol falls. The priioner
denied that there waa any kuile used, but admitted
having pushed bis wile away lroin htm.
DECISIONS.
SUPRZMK COUBT?CHAMBERS.
Ity Judge Donohue.
Vanderpoel vs. While Settled.
Florence K. Hall vs. Frank HalL? Decree of divorce
grunted to plaiuillf.
The Kingatou National Hank va Sharp.?Order denying
motion granted.
Huberts vs. Hill? I-et the order stand.as entered.
Hoboet va Litbauer.?order gi anted.
Force vs. Gibba?Monon granted.
Cameron va Minna bu-Motion denied.
Hy Judge West crook.
Black well va Watta?Int-nciion order granted.
The West Side Rank vs. Henncll and another.?Order
granted overruling demurrer.
Blessing va Keuly and souther.?Order granted denying
motion.
Robinson vs. The Howard Superheated Air Engine
Company.?Or Jar granted appointing receiver.
H at h va The Mayor, iia.?1'reseut oruer.
Hauler va Havana?Granted.
Hrueti va Backull; The Mutual Life Insurance Com- '
pnny va Doollner; The < orporatlon of the London Asearunce
va Scbmiils and unuthur; The United state*
Trust Compauy va O'Kocte; Kugglca va Kuggles;
Meres'vs. Keel; Haruck va Conkiio; Hl.mkuien va
Norton; Kulier vs. Lynch; The United Slatce Trust
' ? - ? ... i ' >. .11. r.,. | tin ItiiBk nf S,*in. v- . Tr?nnr
Tin: Berkshire Woollen (outpuny vs. Jnllllard; Ibe
Marine National Bank va Bode, and Bame rv Same.? |
Orders granted.
HUrRXMS COURT OENEKAL TKBM.
By Judges Dana, Brady and Dauiela
The Merchants Hank of Canada va. The Union
Railroad Transportation Company.?Judgment affirmed.
Opinion oy Judge Brady.
1 he People ex reL Elliott va The New fork Cotton
Exchange-?Order affirmed, with $10 coats and disbursements.
opinion by Judge Brady.
Kollwagen va I'oweli et aL ?Order affirmed, without
costa Opinion by Judge Brady,
Mackey re Auer. ?Order affirmed, witb costa Usual
leave to answer over. Opinion by Judge Duvis.
Herner v... Bliss el al?Judgment affirmed. Opinion
by Judge Brady.
Van Wart va The Mrtyor, Ac.?Judgment modified as
in opinion. Opinion by Justice Davis.
Kelly vs. The i'eople, fcc.?Judgment reversed, new
trial ordered. Opinion by Justice Davia
Bagley va The Mayor, Jcc.?Judgment reversed; |
p< w trial ordered, costs to abide event. Opinion by
Judge Brady
I lie Bowery National Bank vs. The Mayor, kc.? !
Judgment reversed , tew iftai ordered, route to abide !
event, opinion by Judge Brady.
Me wart va. Jtidricti.?Judgment ordered for plaintiff
to amount agreed upon op.nion oy Juuge Brady.
Kutie ra i.aw. ?Judgment affirmed. opinion by
Judge Braoy.
Tne Saw t'ork Balance Dock Company va The Mayor
Ate.?Judgment revir.-ed ss 10 tlie Commissioners and
affirmed as to the Mayor, Ac. Opinion by Judge Brady
The People, Ate., ex rel. Jones va Cnmphell. Ac.?
Order alllrmed, with flu Costs aud disbursrmenu. J
Op1 Dion by Jualiee uavis
In the mutter ol the application of Mawlay, *r.?
Order affirmed, Willi $10 coats Op nion by J udgo
Da VI*.
Hauler vs. Tha Guardian Mutual I.lfo Insurance Com- I
peny ?Judgment affirmed. opinion by Judge Brady. :
Willis *t ?l. vs .Himmontl*.?order affliiued, with !
flu coals and disbursements O|iinioo by Judge j
Brady.
Hubbard VS O'Brien, Air.?New trial ordered, cosia
to abide eieou Opinion by Judge Brady.
llaut-li vs. Craighead et al Judgment reversed; new
tr.al ordered, cu-as to abide event Opto.on by Judge
Brady
Imlev, he., ve. H am pi on.?Jodftnenlaffirmed. Opin- |
Ion by Judge Brady.
Itaidwiii ?v I be Mayor, he.?Jsdgmeni affirmed.
Opinion by Judge Brady.
Ko-s ve Won?Judgment affirmed. Opinion by
Judge Davis
i.ru*.-y ve. Schneider?Judgment affirmed. Opinion
by Judge Brady.
Herman el al. vs Gilbert et al.?Judgment affirmed.
Opinion by judgu Brady.
Tbe People e* reL Vanderpoel vs The Mayor, he. ?
Judgment ufflrmed. Opinion by Judga Brady.
lu the matter of the petition ol Hluuelanuer. ? Order
affirmed, witn $10 coils and disbursement* Opinion
by Judge Davis
McKay v*. Barnea.?Judgment affirmed. Opinion by i
JrigS Da via
The 1'eopie, ko., ve. Kingsley, and Same vs Four- [
: JULY 7, 1876.-TRIPLE
lor. ?Or*. affirmed, with $10 ooaU id disbursement*
Opinion by Judge Brady.
Moore, Ac., va. Tbo People, Ac.?Judgment affirmed.
Opinion by Jndgo Daniel*
l.ooml. and auolbor v* Tho People, A&?Judgmont
affirmed. Opinion I>y Judge Daaiela
Ki? rated and another va 1 lie Orange and Alexandria
Railroad Company.?Order affirmed, with costs. Opinion
by Judge Dan tela
Roosevelt va Lmkert.?Jadgmenl affirmed. Opinion
by Judgo Brady.
Mulrv and another va The IaB> Island Railroad
Company Judgment modified as in opinion. Uplmou
by Juuge Davis.
The Standard Sugar Refining Company va Pavton. ?
Order affirmed. witb 110 coata. upiuion by Judge
Dana.
Wardeubarg vs. Rtirke.?Mot on denied, with coata.
Opinion by Judite Daniels.
Kobinaon va. The City of Brooklyn.?Judgment reversed;
new trial ordered, coata to abide event.
Opinion by Judge Daniels.
Manchester and auolber, Ac., va. The Mayor, Ac?
Judgment affirmed Dpi. ion by Judge Danirls.
Calvu va. Daviea?Order affirmed, wub $10 coata
and disbursements Opinion by Judge Brady.
Ill tbe matter ol the petition of Spelmau el aL ?
Oruer luodibed aa in opinion. Opinion by Judga
Brady.
Hume va Haw ley.?Judgment affirmed. Opinion by
Judge Dana.
The Meriden Malleablo Iron Company va. Bandman.?
Order reversed, with $10 costs and disbursements.
Opinion hy Judge Brady.
In the matter ol Noyea, Ac.?Proceeding! dismissed,
with leave to renew *s auggualed iu opinion. Opiuiou
by Judge Daniels
Hon, Ac., va Rents ? Motion to answer over granted
on condition that such answer be servod within ten
days alter service ol a copy of the order to be entered
hereon; that the Judgmeut already entered stand ua
security for any recovery that may berealier be had
iu tho action, and thai, oil service of ihe answer, me
defendant stipulate that ao urdor may be entered rolerring
said action lor trial lo such relcre- a* ill*Court
may appoint by au order to be entered oil tiling said
stipulation, ami on one day's notice ol the application,
BUl'HKME COURT?CIRCUIT?PART '2.
By Judgo Lawrence.
Dooley vs. IDiipio.?Urdor us entered, with $10 costs
to tbe defendant.
BUPUKME COURT -BPKCtAIi TFEM.
?.. ... .
?v ju<igo Lstrrnmore.
Grant at al va Cooper.?Case sullied.
COMMON PI.KA8?SPECIAL TEIIM.
By Judge Van Brunt.
Clayton ti Oases.?Motion denied, $10 coat* to
abide event
Breeder va Wilbur ot al.?On order ol reference having
been once made herein, upon tbe reliisal ol the referee
to act a new releree must bo appointed. Motion
granted.
Clark va Parker.?Motion lor tbe appointment of a
receiver granted. Order to contain direction to defendant
to convey property to receiver alter ho ban utiallUed.
By Judge Van Hocsen.
Charles Warfleld va. Augusta Warflsld.?Decree of
divorce granted to plaint,II.
The New York Lite Insurance Company va
MongUer?.Motion denied. See memorandum.
Moses vs. Hitler. ? Motion denied.
1'lieips va Ring.?Case settled.
Kay va Garvin et uL?Motion granted, with $10
costs Sec memorandum.
Gross vs. ilruion.?Undertaking approved.
Picol va Connor and McKarland va Ntrausa ? See
memorandums.
lleinze vs Parley.?Default opened on payment to |
(.iuintifl of all disbursements snd $10 costs ol opposing
motion.
Harrington va Stein.?Order granted.
Drew va Thomaa ?Motion lor leave to file supplemental
answer eranted
McUr&u vs. Weat.?Urdor signed.
POLICE COURT NOTES
George Bennett, of No. 14 North William street, for
attempting to strike a man on the head with a sluiigatioi,
was committed by Justice Hurray, in the Tombs
Police Court yesterday morning, In default of $1,000
bail.
John Burns, of No. 124 Liberty street, aud James
Hanlon, of No. 74 Cortlandt street, boys aged respectively
eleven and twelve years, were held for triul, in
default ot $1,000 each, by Justice Murray In the Tombs
Police Court yesterday morniug. for burglariously en
terlug tho premises of Albert B. Waldron, at No. 108
Liberty street, and stealing $'J worth of property.
At me Washington Place Police Court yesterday KM
O'Urieo, aged eieven years, was hold fur trial lor stealing
$46 from bis mother, Susannah O'Brien, a widow
I dy living at No. 1,026 Sixth avenue. Tho youngster,
when arrested by Oltlcor Krrkiue, of tho Twenty-ninth
precinct, had expended 46 in fireworks and canities.
Judgo Smith yesterday committed Samuel Hoffman, I
aged sixteen, of West Uoboken, tor shooting John T.
Newhold, ol No. 7U Bank street, In the left arm on the I
evening of the 4th lust. Tho lad claimed that the i
shooting was accidental. ]
'-'-Henrietta Millnouse left her cigar stand In Hamilton
?'..rk on Wednesday last lor a short time, und on her
return found James Hyan taking the money from the
drawer. He wae arrested and held for trial at the KifiyVoventh
Street Court yesterday.
Joseph O'lionuell, of No. 613 Kart Fifteenth street,
charged James tiilhgan at the Filty-seventh Street
Court with assaulting him on the head with a mlcher.
Gllltgiin admitted the assault, hut nald that O'Donnell's
couduct was very provoking. He was hold lor trial.
COURT CALENDARS?THIS DAY.
Sci'kbnb Count?Chamber*?Held t>jr Judgo Westbrook?No*
4. 4, 33. 3ft, 48, 4ft, #1. 79, #0, 96. 97, 107,
114, 117, 139. 137, lbft, 163, 164, 174, 183, 184, 186, 187,
188, 189, 19a
Court or Gknkrai. Sassro**?Part 1.? Held by
Judge Oildersleevn?The People va Prank Hick*, robbery
; Siime vk. Darid Scaouliu, robbery; Sauio va.
John West. felonious a**aull and battery; Sain* va.
James B*gley, felonious assault and battery; Same va.
Albert Howard and John Riley, barglary; Same vs.
William Luce, burglary ; Same vs. Julia Chezel, grand
larceny; Same vs. Jacques Chnllel, grand larceny;
Same vs. Michuel Mullio, grand larceny; Sam* vs.
Kuward Brodie. grand larceny; Same vs. Frank Murphy,
grand larceny, Same vs. Michael Fallon, grand larceny;
Same va Charles Henderson, petit larceny;
Same vs. James Delany, petit larceny; Same vs.
Thomas Noble, assault and battery; Same va Kdward
Rtley and l'eter Jerome, assault and battery; Same va
Fanny Hylua and Bernard Oilman, grand larceny.
UNITED 8TATES SUPREME COURT. !
Tim GOVERNMENT PRINTING orUCK ? IT* RE- '
LATION8 TO TUB INTERIOR DEPARTMENT.
Washington, July 4, 1*76.
No. 643. The United Plates, appellant, va William
Allison.?Appeal trom tbe Court of Claims. (
Allison was au employd In the Government Printing |
Office from Juno 30, 1866, to June 30, 1807, and, la tbit
sail, claims additional compensation Tor bu services I ,
In consequence of the Joint resolution of February 28, j a
1887 (14 Stat., AH'j). Us contends tbal the Government *
Printing Office was, during tbe fiscal year, commencing 1
July 1, 1888, a bure.iu in tbe Department of tbe Interior.
If it was not be substantially concedes be is
not eutitled to tbe benefit ol tbe resolution.
Tbe Department of tbe Interior is one of tbe executive
departments of tbe government. (Rev. Stat., ,
sec. 437. j U was made so March 30, 1840 (0 Stat., 30A|. .
It is especially charged wltb the supervision of certain
executive bureaus. Its preveet jurisdiction is defined *
In section 441, Revised Statutes. The Government ft
Printing Office has never been placed under ita juris- r
diction by an express statute. fa
After examiu.ng the various statutes and reviewing u
tbe decisions thereon to fhow that no d fTerent view
bus been taken of the question presented, the Court
says:?
llis Secretary ef the Interior has no control whatever over
ths employment of men by the Superintendent of Public
Printing- He cannot fix their wages or supervise the action of
the superintendent in that particular lie does net pny J1
litem nnd has no control whatever of the fnnos oat of allien f
they are paid He may pay the euperintnndenl for printiug
don" upon the order ol the department, but the supvriu- ?
teudent disburses wliheul any Accountability to him la ?
seliort. ihs superintendent seoins to hava n dapartmeni of bis
own, la which he is in a sense supreme. Certainly be is nut
under Ihn ecuntrol ol any one of the executive q
departments. Apparently h? It more responsible a
to Congrats than any other authority The eeere- b
tnry of the Interior keeps nnd approves hit bond.
The same .-secretary must, under some elrrumttencee, approve
the purchases of neper In open market lie sends
to that department also his accounts ol the receipts and disbursements
of paper. The Joint C'oinmltteesou Printing in
the two houses ol Congress settle all dispute* between hlni
nnd his contractors lor the delivery ol paper, lie reports to I
Congress in respect to hie employes, and to the Secretary
of the Treoenry in respect to bis receipts sad disbursements. H
Krorn that Oopartuinat. also, he drsas hit money on proper V
rei|Uisltlnnt. He It under the direction ot the committees e
ol each House of Congress In respect to engraving, and ha
gees to the Hecretery of the treasury with kit estimates.
In our opinion hit sniplojes, as they are not especially
enumerated, are not Include.I In the resolution ol Kebrnnry
oh, I ho#, and on that account the claim caunol be mniutallied.
Reversed.
Tho Chief Justice delivered tho opinion. *
A MILLION DOLLAll MOKTGAGE. '?
APPLICATION FOB A FOBKCLOBtTBB AOAINftT IM v
K1 IB BASIN DOCK COM I'ANT. I *'
Yesterday tho attention of Judge Dykrnan, of
gaprunw Court, Special Term, wita engaged In hearing i *'
argument In an application of counsel lor Robert W. I ?
Hooper and K. Gordon Dexter to foreclose a mortgage, |
lor the appointincni of a receiver and for an account ng
against the Erie liaam Urr Dock Compau?. It i* alleged
In the complaint that in Jul?, 1S72, pursuant to a
vole of the atocaholdcrs end a resolution ol the Hoard
of Directors, the oompanjr gave lo the plaintiff* and to
K. Storgi'K, tnadi' a defrudani, as trustee*, an indenture
ol mortgage to secure aa intended issue ot |1,UUO,UOO
ol bonds, l* $ 1.000 bonds. Nine hundred and nineteen
I>olids were Issued and interest was paid until Jul?
1, Is7t The plamtllTs ask lor the sale ol the properi?
and the distribution of the proceeds. Doiendsnl does
not admit that it had the legal power lo make and issue
the bouda and to execute an i deliver the mortgage and
submits the question to the (.our! I he proper writings
in ihe complaint, H is said, which purport lo be
the bond and mortgage ol defendant, were executed i
xniel? pursuant 10 tno direction ol a certain stockbolder
and the directors ol tho defendant at Ronton,
Haas , and not lu pursuance to a constituted stock- 1
holders' hud directors meeting, and that the afllxmg ;
of the corporate seal thereto was done without lawful
author!!?. The defendant save toe mortgage, so
railed, ootilers no right as such or right ol action
against tat m. Tue Court took the papers and reserved
the decision.
I
SHEET.
A POLICEMAN MURDERED.
Patrolman F.dward Scott, late of the Fourth precinct
(Brooklyn) police, died at the Brooklyn City Hoepiial
at midnight on Wednesday Irorn the effect of a fracture
of the akull received on Sunday night, July 2, while
ou I'Oet oa Myrtle avenue, trout a party of rufllane
known aa the "Jackeen Hollow" gang, who brutally
ftliHMUlLod film lor Iirdnrm* th<> m tn itiaiukpnn OffiMPt
of the fourth precinct subsequently arretted Jauioa '
McQuadc and George Sanders, whom they lound in the
vicinity of the place where the assault ocrurrnl, and
tbey are now in custody. On Monday the decerned
went to the alatton bouse to report lor duty, hut be
was enable to remain and returned to hi* home. On
Wednesday evening hia ooDuition was aucb that bo
was sent to the hospital, lie became denrloue and
died at midnight, lie made no aute uiorleui statement
to the Coroner.
Aa soon as tbe news of Scott's death was received at
the Myrtie avenue station house. about ball-post I wwve
o'clock, Captain Loicb, Sergeant Carr, Detective I'rira
sou Ollicors Dciebanty and Skeltou. went out ill i|iirat
ot men who were known to Iiavo been In the vicinity
ol the plate where Scott was assaulted iiy Ove o cluck
in the muiuiug tlio following named men, who are
reprvrirnteij an being Identified with Ihe Jackson H?|.
low saug," were arreated and locked up in the cells of ,
iliu fourth precinct atallou house ?John Hurley, No.
Si S>benek street, ajed twenty years, driver: Kdward
Whel'tliau, No. 142 Grand avenue, twenty nine years,
plasterer, Howard Hill, No. 142 Giuml avenue, eign
loeu years of age. pedler; Christopher Calahan, Mooben
street, thirty one years, rag picker; James O'Ndl,
No. 427 Myrt o avenue, twenty-four years, driver; i
John Conlon, Grand avenue, twenty one years, cooper; i
1'bilip Craddock, Smith street, iweiily-two years, t
pedler; llimuas MoGuire, Steub n street, twenty two i
yetrs, driver; I'eter McCabe, Strubon street, twenty. I
lour years, ped.er; James C'uriey, Grand avenue, i
iwcniy-tlve years, no occupation. ine prisoners were
tttkcuyeaterdaybeioreJusl.ee Kieiy, who committed
ihem to jail to await exaiinnal.on. Coroner Simm- directed
Dr. A. W. Shepard to hold a post-mortem ex- i
animation on the oody. and empanelled a jury in the
care. The ini|oost will he coin in need at tlio Morgue .
to-day. Ollicer Scott, who was ihirty-llve years ol age* !
was a native ol Ireland, and hud been considered a
trustworthy utllcer ainco nia cotiuecliuu with the lorce, '
two years ago.
MUltDEiJ IN CAMDEN.
Shortly after twelve o'clock yestorday morning
George Itoddell stopped at a pump at the corner of
Second street and Raighn's t'omt avenue, in Camden,
to gel a drink of water. While ho wus stooping over
the apoot be waa assailed by a gang of desperadoes,
without any apparent cauBe. They brat him on the
bead with a club and he died tn a few minute*. The
police were early ou the sceno and secured the club
with winch the tnurder was committed. Wilerday the
oltlceis succeeded lu arresting Kohcrt Siulth, Charles
W. Smith and John Williams, on suspicion of being
participants in the lata! all ny. They wore taken to the
t'.iindeu city Jail to await investigation. Coroner
Thompson, of the Second district, look charge ol the
body.
CHARGED WITH MURDER.
The Coroner's jury In the caaoof the death of frank
Hoebm, at Jersey City, did not arrive at a verdict till
three o'clock yesterday morning, ul Itrady's Morgue.
Hoebm wan attacked and beatuu by two men, named
Julius Nichols and Henry Murkstein, lu Wagner's
saloon, tirovo street, on the lotn of June, and the tn(uries
indicted resulted tu his death. The jury, alter
wratigliug for four hours, rendered a verdict that
Hoebin came to Ills death (mm Injuries inflicted hv
Nichols and Marksieln. Boili men were arrested and
coiuinuicd by Corouer Uanuon lo await tho action of
tho Brand Jury.
SUICIDE IN GREENVILLE.
Yesterday morning, when the family of Henry Ix>hmm,
of Bergen uvenne, Croon ville, N J., were ready
to sit down lo breakfast, they called blm. bat bo
failed to nnKwer. After watting a short time they
forced opon his bedroom door and found him, partially
dressed, lying on tho bed, with n bullet hole through
Ins head. He had beta dead some time, and it is not
kuown when bu tired the shot. Mr. I.ohntan was a
member ot the Hasonto fraternity and an exempt ftru.
man, haying served out his liino in the volunteer tire
department aa u member of Knglno Company No, ft.
Ho kept a saloon in drove street, near Newark avenue,
lor over twenty years, and was very popular. When
tho (froonville Srhulzen Park was commenced he sold
bin place and bought a now olio adjoining tho Park,
which he tilted up ut considerable expense. Sinco
Ihen ho has hud uo trade, and becamo despondent and
thought no wus drifting into bankruptcy. Tho County
Physician was noUQed.
THE MONTCLAIlt HOMICIDE.
In Montclair, a week ago, Samuel Crawford and
milium ininmii k, teainsiers, quarrencu. cruwiora
struck I'lmmick with a wtilp, Ditnmlck struck Crawford
with ? atone. The latter died, and the coroner's
jury have Jtrst returned a verdict approving Uieso lacts,
and adding that tno ollence of auid Dlinmtck m manslaughter,
liul that Ins crimo Is mitigated by the persistent
provocations of the deceased, fllmtnick is In
)atl awaiting the actiou of the Grand Jury.
D\ING ALONE.
? /
"Mother" Schlok, known in Newark as the proprieIress
of a reodexvous for pedlera and organ grinders
in "Goat Hill," was found lying on the floor of her
miserable cabin In a dying condition on Tuesday. She
was seventy-two years old, and had accumulated runilderablu
properly. Her husband was killed l>y falling
nto a quarry. In 1863 her eldest son commuted
lulclde, and Ave years ago her daughter was burned to
loath by the explosion of a kerosene lamp.
ACCIDENTALLY SHOT.
P.ugene I. Mullany, a god ten years, of No. 136 Baxter
Itrcet, died yesterday morning from wonnds received
?v being aerldentaliy shot on tbo night of the Fourth.
>y James McDonald, while the latter was playing with
t pistol.
STOLEN JEWELS.
Bridget Connoll, aged twenty-five, was arraigned at
ihe Flflv seventh Street Poll e Court at the Instance 01
Miss Teasdale, of West Forty eighth street, on a charge
>f robbing her of $400 worth of Jewelry, which was on a
at le in one of her apartments. The defen ant said
die did not eotet the ronis* but stood at the door until
iome per on should he tr her knocking. She was contained
to answer in default ol $2,000 ball
UNDER FALSE COLORS.
Yesterday morning Nelson Millard, of No. 172 Duane
itreet, was approached by F.dward Sharkey, a ncwaloy.
who held a paper over bis vest pock ft, and was in
be actof taking $27 therefrom when Mr. Millard caught
iold of bla hands and had him arrested. Justice Muray,
at the Tomba Poitoe Court, yesterday afternoon,
ieid him for trial In default of $1,000 ball The prisner
pleaded guilty.
WHY HOLD THE DBIVEB?
John Pflater, of No. 320 Fast Forty-seventh street,
umpod ofTa First avenue car Wednesday eyenlng at
'orty-seventh street and waa thrown under the car,
rhlch paseed over bis leg. John Uumiter, the driver,
ras arrested and arraigned at the Fifty.seventh Street
'olice Court yesterday. He ssld that Pfl'ter did not re^
uesi htm to stop the car, but leaped oft before he wse"
ware of it. 1'flMer said the accident was tbo result of
ts own folly lSumster was, however, hold to answer.
FIRE AT HACKENSACK.
The bridge formerly sustaining the water main be- j
woen Kelleville and Jersey CUT over the Hsckcnssck i
t|T?r <*nght ftra Irom tha sparks of a locomotive vessrda
Ucrnoon, and waa damaged to tha exteai of
60a _
COitONEIlS' CASES.
i
Jamea Philip, aged fifty, of No. 363 Raat Thirty first ,
treel, ?u found sick yesterday inorn-ng nl First are- f
ue and Tlilrty-allth street. Au ambulance was sent
;r, but be died before It carne.
Mary Hanley, ol No. 2dl West .Sixteenth street, died
eaterday Irum burns accidenlsily receired on tbo
ourth.
Joseph Q. Braokott, one year old. of No 17 Hay
ircet, died while under the care ol his grandmother,
n a Slaien Isl md ferryboat yeslordiy.
An unknown miu waa lound dead in a lot at Thlrty)urlh
atreeet and First arnnun yesterday afternoon,
t waa at first supposed to be a case of sunstroke, but I
he autopsy by Di p.ity Coroner Cushrnan revealed
be last innt the man had died lmm I'aris green.
Coroner Woliroaii yesterday took the ante-mortem
talcment of Daniel Cohu, aged sixteen, who was danerously
shot bv another hov In trout ol Ka 41b Fifth
ireet, on the evening of July 3. William Clumpp,
grxl thirteen, of No. 412 Filth alreet, who la said to t>e
riff UUIIOBI, WMWuiamwi w mo ir'imui ID*
nrl**.
William H. Howard, aged thtrty-llvo yenra, died at
loiievue Hospital, Juna 27, 'rom injuries received by
emu run over by a freight car on lite preceding day
nrouer Kicbofl held nn Itiqueel In the cvse yeaierday
nornng and verdict ol accidental d eat it waa run
cred.
In the care of Charier Grlech, aged four year*, who
ra? run over by car No. 12 of tha vecond avenue line
n Firnl avenue near Seventh atreet, June 24, a verict
ol accidental death waa rendered by the Coroner's
ury.
Robert Argue waa killed by tha falling of a derrick
4 tbe foot of Thirty-fourtb atreet. North River, Jnoe
*. A verdict of accidental doatb was rendered y eatera/
by tbo Cot ouer'a jury. i
11
ANOTHER MYSTERY.
TXX BOOT or A woman found in thx watkb
AT CLABSOM FOINT UKDKB B1NUUOAB UUtCUlftBTAMCEB.
While Coroner Purdy of Weatcheater wae "cole brat*
uig" on itie uigbt of tie Kourih of July, bo received m
telegram (rom Mr. Bowne italitig that the body of a *
man was lying m the water at CU'noo Point, situated
on Long island Sound and in the village of Weatclieaten
A<co in named by Mr. Butler, tbe I oral undertaker, Mr,
spot about tbu width ol n tlold distant from the point In
the river where lior body was afterward lound. Ham
she gave the hoy aortic change and dismissing him sal
down, hlio \va? never Been alive again.
Yesterday Coroner f'urdy spoke with Superintendent
Walling nhotil the cane, and, accompanied by an officer
detailed by thai gentleman, proceeded lo tho Union
1'lace Hotel and broke open the truuk lull hy the deceased.
Nailed on the top of tho trunk ouiside wan m
cuvelopo with tho address, "Mrs. Hannah iiurutiam,
Baring, Maine." Opening this a sheet ol note papei
was found within with these words written In a Icmlnme
hand:?
"Dkak Sir?"If I do not call for this trunk wilhla
two mouths please send It lo Uariog, Maino "
Wtihin the trunk were found a quantity of weartnf
apparel and a mutrie.ulat'on ticket Issued by the Fret
Medical College ol New York, session IS72-3, signed by
Kghert llasard. There were also tickets signed hy
various professors of the New York Co lege for Women,
certifying that the deceased had during the season ol
1873-4 attended a full course ol lectures In practical
anatomy, histology and uro-eopy. I'nern was also ?
loiter from a lawyer in Calnis, Mo., asking Instruction!
about the disposal of some real estate in that place.
A diligent search ou the part of a IlKitAt.n report*!
failed to discover any friends ot tbb deceased In tbll
city, and Coroner I'urdy last night determined to tola
graph lo the address lelt upon hor trunk That official
will coutinue the Inquest ul eleven o'clock this morn,
ing, when soma new light may he thrown upon tb?
case.
The deceased was suffering from sn scute disease
which probably uecessitated tbe use of 1 tie anicstlietlci
lound among her effects, and it is conjectured that she
may have taken an overdose and while under its influence
have falleu overboard. Others hold lo ihs theory
ol suicide.
WAYWARD GIRLS.
Yesterday afternoou Detectives Toonoy nod 7, uudt,
ol the Brooklyn Central Police office, arrested Allien J.
Walling and Henry C. Young, on charge of abducting
Mary Carroll, aged thirteen years, ol No. 181 Greet
street, and Katie Cogswell, 111 teen years of age, ol Nat
178 Lexington avonue. It appears that on last Sundaj
the girls went to Conor Island in company with Klixj
Filton, aged seventeen, and tho latter returned ihi
same night without them. The parents of the kiismdj
children caused Miss Killons arrest lor abduction, an I
be tntornied the police that the girls had gone to me
Kur?|>ean Hotel, New York, with two young men, one
of whom said bit name was lllackfool. The description
Miss Killon gave ol the men euabled the officers to arrest
Walling and Young at No. A7 Cranberry street.
Brooklyn. They say tliey mot the girls and occupied
lodgings with them during Sunday night, leaving them
lu the morning. and thai they had not **en Ihetn Minna
thai lima. Tba pnaoueri wero locked up lur emmiualion.
BROOKLYN'S DANGER.
In accordance with tba ro<|iilrom?nt<< of the low. Fin
Murahal Keady yesterday called the attention of th?
Board of folic* and Eaota* ComtniMiouers to tba < ?
traordlnary number ol Area thai occurred in Hrookly#
on lb* 3d and 4tb ol July Irotn the sale and cartica
nao of firework*. Tba wbole number of Area report*#
for the two daya waa about thirty. Fraud* Lent, aye#
nineteen yearn, waa burned to death by the exploaioa
ol fireworks and yunpowdar at No. 2W7 Smith mroet.
Tbu loa* on buildiuya waa , loaa ou mock and
furniture, The Maralial aaya:?"The fan that
we bare bail no very large Area here, ae they have bad
In Philadelphia and in oilier place, la duo entirely to
the efficiency and promptuas* ol tbe officer* and men
of the F re Department. In nearly every c.ir tbe Are#
were 'nipped in tho bud,' notwitbeiandiuy tbe tact thai
In many meuncea two Are* were hurn ny at tbe fain#
time, it is not lor me to aay wbetber the danger u
the city from the tale of firework* la to be connneed
Irom year to year until we have another Cuieago calamity.
That duty devolves upon others I report
tho facta "
THE NEW YORK CENTRAL DISPENSARY.
At a meeting of the director* of tho Central Dlxpom
aary held on Uie evening of July 6. lfl'd, theI1on.lt
C. (frost, President, lu tbu chair, the following result*
lioni wore adopted;?
Keaolved, That the thank* of the Board of Dlrectori
aro hereby tendered to tho distinguished arum Mr.
George It gnold for hi* diRiniereated and practical kind
comment twice, travelling fourteen days and mgliu
and 7.000 miles In order to give lila farewell performance
In tbiw city lor tbe benelH of the Central I'lspeo ary
la hometliinc unequalled in magnitude and tinbeard
of In tbe annals o( the cause ni charity; tbat tin
directors, in (parting wltb Mr Kignold, bid turn Cotf
?p- ed on his way through the Western country and <i|
Ins royage to Australia , and they pray ihvCre.it Father,
who has said that a cup of water given in Ills iiaiw
shall not pass unrewarded, will watch over, guide ant
direct him, that ho may always be prosperous and trm
to the nigh talent bestowed upon him snd ev.-musllj
be sheltered In tbat country where there are no poor
THE COLLEGE OF PHARMACY.
During the fiscal year ending June HO, 1S70, th>
Board of I'hartnacy conducted 77 examinations, a
which 69 were first, 17 second and 1 third exainm*
Hons, forty-four candidates passed snd 33 were rejected.
or over 42 per cent ol the 77 candidates exam*
ined; 11 were proprietors and 60 assistants; 3 proprietors
and 30 assiaiunis lailed, 3t passed on second exam
nation and 6 tailed, 26 proprietors snd 63 assistant!
were registered. Tho money received and paid Int?
the treasury ol the College of Pharmacy amounts IS
$403.
LHllC l<L'i'ikl>li
r i iti'i nr<< >'m>.
A flro occurred yenlorday im-rning on the roof of Nox
344 Bowery, owned by Ilia Jack.eou relate; I>uili1lu|
damaged $400; in.-ur.inrn unknown. Third floor and
attic occupied by O. I. Rliikr, hat cleaner, lamajp
$1,000, nioured in Itelial lOHiiranco Company. Kira
and a< ond floor occupied by U. D. Caae A Son, dealer
In oilcinlh, alighlly damaged by water. Cauxe of liri
unknown.
FLOATING WITH THE TIDE.
A drowned mm wan found floating in the Halt Rito
yeaierday morning at the fool of Twelih atreei. Hi
waa about thirty yeara old, flee feet reran inche* high,
bad brown hair and muxtache, and wore a light utrlpH
ahirt, dark panta. no eoal. The Coroner aaa notified, A
SNEAK THIEVES AliHESTKD.
On the Kourth of July thlerea entered the l.iger beei
taloor No. 344 Weal Foriy-eevenib rtreet in the abaenot
of the proprietor and were about to ateal $100 worth
properly. They only aueoeeded In eacaping with
worth, aa the prnprietreexdetected them
to jump through a window. John Boy le and
are lioth meinliera the Tenth H
gang, were lor the crime, were
trial ve.terday the r *e??ut!i Street
ft delattli ( lAOvti bail eaUt.
Purdy proceeded vo the place, where be found lb?
drowued reuiaius of a respectably dressed women a
apparently fifty year*. Coating among tlie rocka near
high water mark. On the shore near by lay on ctnpl]
bottle marked "chlorolorra, one pound;" a abor
diatauce Irom it lay a similar bottle Oiled, and beside fc
an ordinary travelling bug. The latter on being o|*enM
was lound to contain a change of clothing, a gold walcl
and ehaiu and set eral hundred dollars in greenback!
b. aides a third bottle tilled villi chloroform #aod l
iurie piece of opium weighing about one pound.
I pon the clothing was stamped ''Mrs. A. J. Hatcher,"
and in one of lbs pockets was louud e memorandum 01
the purchase Irom book, sun A Jenkins, the tourial
und Xi uraion manager- of u draft upon Wells, Kergt
A do. lor |4'.M in gold, a ticket to Paris and a consider
aide sum In sovereign* and KnglisU banknote*. Thai
paper w? dated June J8, and tho space lor the name <s
the purchaser was tilled up "Mrs. Au.amia Dutch,
Union Place Hotel, Oily." Cormier Purity at once senl
to the hotel named and waa inhu med bv ibo p opr euir,
Mr. Tbouiaa Ityan, licit thy deceased came to hit place
alone, about two wee-* ago, nint stayed threu or foul
days, when she paid her bill and departed. <>u Julie
she returned and remained till Friday laat, when sh?
aguin look her leave, telling Mr. Kyau to keep her
trunk till railed lor. Thai was all be knew about Iter.
Proceeding to the olflce of Mcrare Cook it Co. the Coroucr
discovered that Mrs. Duteh hud returned the day
alter purchasing her ticket and dr ills and hud canverted
tbeui into money again, -luiitig that she had
decided not to go abroad. Uu Wednesday Coroner
111111} eilipaiiuiiuii a jury in i. 1 ?u ll.v-.iui tumuu,
whither lio bud the body cunvm ed, unii began an inquest.
The conductor oi tbo WoncbeHier iri.u testified
thai the deceased waa on the U:.'tO A. M.
ira.n ou Monday and purchased a ticket for llant'i
Point. Wto-n nimn distance beyond that place hn
noticed the lady still on lb- iraiu and told hct she had
passed her destination. She seemed surprised and
assed w lint the in xl station was. On being Iulormed
that it was W est Kanns she expressed her determinauou
of slopping at thai plane, first, noworer, assuring
herself ihui tln-re was water front there. a boy tesfllied
that ho met the deceased when slut altxhieu from
the train ut West Farms and tlial she asked hint
whx-tlier there were any nice hoarding planes in the
vicinity. Ho replied In the alllruiulivu and offered to
conduct her to one. She gave him her hag to carry
and he led the way toward tlio Momio e-tnle, near the
river, where l)r. Ilill keeps a fashionable hoardinj
house. Hern thu hoy slopped, and the lady aal dows
near the house, saying she would not enter Just then,
thai she wanted to sou tlio waicr Slio gave the lad
#1 SO, and alter silting a moment said slio wanted i
more shady spot. He ihereni on carried her hag to a