The New York herald. [volume], December 12, 1876, Page 8, Image 8

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

Image provided by: Library of Congress, Washington, DC

                
THE COURTS.
From State to Federal Juris
diction.
THE RIGHT OF RANKERS' LIENS
Severe Arraignment of an Unlov
ing Wife.
THAT "TEAPOT" MEDIUM.
CashierTaintor's Financial Oper
ations.
X caso which cannot fall to be ot unusual Interest,
not only to members of the bar, but also to bankers
and tboso having financial relations with banks, was
submitted on briefs yesterday to Judge Wallace, ol tbe
United Slutes Circuit Court, for his decision. Tbe
facts are briefly as follows:?A note of the Brooklyn
and Newtown Railroad Company, indorsed by Palmer
k Co., for $5,000, had been placed by the company
with Hutchinson k Ingersoll, note brokers, for sale or
discount. Instead of selling It they hypothecated it
with otbor notes at the National Bank ot tbe
Republic us socurity for a loan of $.16,000.
Subsequently Hutchinson & Ingersoll borrowed
of the bank $10,000 upon another lot of collaterals.
The railroad company had various transacMons with
Hutchinson A Ingersoll, resulting in a balance due from
the railroad company to tho Arm ot $601. This
amount they offered to tbe Urm and detnaudod hack
their note. Finding that It had been hypothecated
with tho banlc they tendered tho same amount to it
and made a similar demand. Ailerward tho $36,000
loan was paid olf, and the bank, claiming a banker's
lieu upon the note tor tho umouut duo on tbo $10,000
loan, sued l'almer ft Co., the indorsers, for tho whole
amount. 1 hey ollorod to pay the $601, with interest,
but the offer was refused. Tho suit was orought in the
Supremo Court of the State, in this district, and was
referred to Hon. Murray Hoffman, formerly a
Judge of tho Superior Court. Ho decided that the
bank could recover only the $601 upon tho note, and
judgment for that amount was duly entered and paid
The hank then brought suit against tho railroad com.
p iny upon the samo nolo in the United States Circuit
Court, upon tbe supposition that tho current of docie
Ions in tho federal courts upon bankers' liens was
different liom that ol the Slate courts. Tho company
deiendcu the suit on mo ground that the aauie ques
tion hail been decided against the bunk >n ilia Mate
jourt; that they bad not appealed from that decision,
uui hid accepted the money awarded them by It, and
should not be permitted to try their luck a second iiiuo
by bringing a suit in u Halted Slates court. In the
I <it a I st submitted on bohall of ihe hank bv Mr. Thomas 11,
i'.odiiian, codnsol, bis chief reliance was based upon
the theory that a recovery ngalii>t one party is no bur
to a i,eh nee set up by another and disconnected party;
IbHtlbe principle is that a man shall bo heard before
lie is condemned; that estoppels must be mutual; that
a judgment against tbo indorssr ill favor of piniutiff
Would not bind tho dclendant, and consequently a
judgment against the pl.iiutill in favor ol tho lndorser
would not wind the plaintiff, and that partial payment
Is not a snlislaction. lie also argued that under tho
decisions ol the United (States courts tbe plaiutifls had
n good cause ol action lor llio entire amount ol (bu
uote. In a very extended brief, in which he cites
nearly sixty authorities, Mr. Dudley Field combats
thu thoory thus presented on behalf of tho bauk. Ho
says tlio principle invoked on the plaintiffs'
behalf Is the correct one, but asserts that ho (plainiifl)
1 as been heard and has been condemned. He should
not be permitted, when an appeal is open lo htm in the
State court, to seek in this manner to get the benefit
of an appeal, la all the coses cited by plaint ill, be con
tend', ttie defendants were not restricted in their do
fence anu were not privies. In tins case they were
privies. Tne company was tho inuker, lis jiresnloni
and financial agent wcro tho indorsers, neither got any
consideration lor tho note, ana there was no iiubilily
on tin: part ol either, except lor tho supposed equity of
tbo plaintiff. There is little doubt thai the first judg.
Bieul (had it been favorable to tho plaintiffs sua not
collected) would have been insisted upon in this ac
tion, and that it would have been held conclusive
under the circumstances, lie does not dispute that
partial payment by one party Is no delence to an action
lor the lialauco against another party; but here there
was no partial payment; H was a payment in full of
the euliro umouut that was decided to bo duo tho
pla'.clills Iroui any and all parlies upon the note. It is
no I mil ol tlio delaudautV tliul there is no case pre
cisely analogous iu the books, that is due to tho tact
thai wo have a double system ol judiciary, and that no
one has ever beforo thought ol appealing to both tipou
wb.il is substantially the same ease, alter judgment, ex
cept by a removal uudcr certain late statutes. If there
Is no precedent it is respectfully submitted that this
is tne lime and the occasion to make one. Mr. Fluid
then argues at great li ngth that llus is substantially
the same action as that decided iu the State Court, and
that plain tiffs did nut occupy tho relation ol bankers
lo Palmer X Co., eo as to give thciu (pluintilfs) a
banker's lien on tbe nolo tor a general balance.
He concludes bis brief by urging that plaintiffs
chiinot recover lor tho additional reasons that
Hutchison had no right lo pledge tho note, a fsct
wnn notieo ol Which they are chargeable; and that
the courts of tne United Suites are bound by ihe de
cisions ol the courts ot the Slate, unless tbo question
is one arising under the constitution or laws of the
United States. Tho rase Is one winch excites moro
than ordmarv Interest among membora ol the Bnr,
bankers and financial men generally, and tho opinion
ol Jii'igu \\ all i e will be eagerly looked for as deciding
a yi i unsettled question in relation to bankers' liens,
as well us the right lo what is regarded as mi unpre
cedented mode of appeal Irem Mate lo federal juris
diction.
?'MOKE SINNED AGAINST THAN
SINNING."
In a divorce suit, pending in tho Court of Common
Plias.'jelw een Adelaide Altaian nnil her husband, Ignatx
Ailmnu, on the ground ot cruel and innuman treat
ment ni In-wile by tho latter, an implication was
made in Judge Van tfoesen, on the part ot tho wile,
lor an allowance ol alimony and a counsel Ice. In ail
opinion rendered by the Judge yesterday, denying the
application ol the wile, ho sums up tlio staumenta
contained in tho nil) larils used ou tho motion in a
manner somewhat uncomplimentary to the woman.
He say-"1 do not hclicvo that a less meritorious
application lor alimony was ever made. II the evi
dent c Upon tho trial .-hall establish tho facta alleged
in meallidav la the complaint will certainly be dls
ini-.-oU m? defendant m cm-to be a man nioresinued
igmi -t than hiiiuiuc The ; Wdavtta show bun to bo
>i a kiuti and attectiouuie di.-position, much utoro
kr iy to-uilor wrung Irom than to do wrong to bla
wi c. '1 in y show furthermore Unit the wife was in tho
habit ol publicly lusultin; hint ami ol repelling bis
advance-. There la little doubt that she U lacking in
alii ciurn lor him. She alleges that on the loth day ol
Novem cr, 1S78, he Violently struck her without cause
or pro vocal on. flu- the Uelvnonni positively denies,
nno I give credence to that denial The atlldaviis satisfy
me tb it i l u plaint ill bus acted from tho llrst, and is
now acting, in pursuance ol a il.\ed determination
not to pe'lorm her ilstlea as a wile, .sue baa avowed
her intention to lire apart from her husband ami to
compel bun to pay her alimony. She abandoned her
husband's home without cau-e or excuse. While living
with I.no sbo applied to him such epithets as bar aid
common d< g she ccgiocted bun In sickness. On iho
other b ind the defendant is shown to have been atten
tive an<i oocstderale. At the boarding bouse he pront
l-cd gr .lulties to the servants lor tin ir special ^urvico
to his wife, llo hrougbt homo irons and delicacies to
her. he bore in sileBM ner railings ami insults.
Under c rcumstances Itko these it would bo putting a
premium upuu uuw.iety couducl to allow the plaintifl
alimony."
Dlt. FLINT'S TEAPOT.
The apparently inexhaustible teapot of "Dr." Flint
was again present lu .vuprcmo Court, Chambers, yes
terday, sending Its necromaucing steam whistling mes
sages of mysterious import under the Judicial nose.
It mss expected that Judge Ur.idr would render a de
cision on the Doctor's m plication to be released Irotn
imprisonment. The Doctor ii Imprisoned for con
tempt ol court in not paying alimony nwarded bis
wife, and eskud lo be re), asou on the ground that by
reason of his ppverty ho was unable to comply with
the order ot tbcCourt. Judge Hrauy said bo was ol
the impression that tbrco other judges had previously
passed upon the same question submitted to him.
liut, how.-vcr that might be. and however harsh might
be tho law which held a man imprisoned lor contempt
lor not paying money b<- was unable to pay, inch
sccm"<l to be itie eflecl of ihc decisions, and bo
could not go ba< k of them. llo would
bo glad to be referred to some author
ity which would justify bint in setting
the man tree under the circumstances. Mr. ticorgo
W. Wilson, couu-cl for the prisoner, s..id be thought
he could hint such authority, and nskea sn adjourn
mcut lor that purpose Even the counsel for Mrs.
Flint, Who so unrelentingly holds tho Doctor under
lo^sl restraint, seemed half inclined to consent to a
release, and Informed the vourt thai he wou d consult
his client as to ilia n< cessity ot further insisting on tho
defendant's ltn|>risonm< nt. lie admitted, lu efb'Ct, that
the imprisonment h d heretofore been insisted upon
principally bsiMMite tho deieudaBl had taken occu-iou
to ntaiign the reputation <>i pianliff. In ihc npp .rent ,
wish ol boib sides to Mrmiiiaie iho Doctor's Impriaon
menl. JuJ-e Uru-ly concurred, saying he, too, was tired
of the case, mid, indeed, the n-sire of all seemed to be
that the Doctor might be able to appeal to his teapot
lev some logat and peaceiai mode ot removing 11 lor
?Ttr from the preclncli of the ball* of justlea. fbe
?alter w?a pat over (or a lew days.
TAINTOB'8 DEFALCATION.
Tbe defalcation of Prank L. Taintor, formerly
Cashier of tho Atlantic National Bank, is al
ready quite lamlllar to the readers of the Hbkald.
Out of It a number of suits have grown, several
of which have been already tried and reported.
Another ol this clais, which has been on trial beloro
Judge Lawrence, in the Supremo Court, lor several
days past, was submitted to tne Jury yosterday and a
sealed verdict ordered. The an it was brought by tho
Uunrd au Mutual Lite Insurance Company to recover
the amount of a loan ol $50,000, or in neu thereof,
the par value ol government bonds to the same amount.
The lest.tnony takeu tended to throw no light on
i ho general features ol Tslutor's transactions
beyond that already known. As to lbs Immediate
circumstances which ltd to tbe present suit, it ap
peared thru Taintor, while cashier of the hank, bor
rowed the $50,000 in suit, leaving In pledge us collateral
tho $50,000 iu bonds, also In suit. Subsequently Taintor
asked the Insuianco company to deposit the bonds in
the bank (or the purpose of nsaistiug in some bend
exchanges. Tho company ronsenied, ami when'Iain
tor's crash came it was found lb# bonds had been sold
by him. Tho defence ol the bunk u?w is, that the
tiunsartlon was ma le with Ta ntor Individually, and
not with the bank, aud that ibe latter is nut responsi
ble.
?Judge Lawrence, In charging the jury, Instructed
thoin that if thoy behoved llie testimony given to the
effect that alter Tsintor'a embarrassment bad become
known the president ol tbe bank staled that he
(Taintor) acted tor tho bank, then they should And a
verdict lor plaintiff.
AIR. BEECHEll'S LITIGATIONS.
The Victory Webb Priming aud Folding Machine
Manufacturing Company, of England, have brought a
suit against Henry Ward Beecber and tho other trus
tees of tho Christian Union Publishing Company to
recover $50,000 on account of damages for alleged
nonleitllmeni of a contract in 1871! to purcliaso a
printing machine from the plaintiffs. The com
i plaint alleges mat the dcteudunts afterward em
ploy rd piau.iills to make sundry alterations in the ma
chine, which, on account of complication, was not
llni-bed until December, 1R75; that their incorpora
tion expired In September. 1574, hut that the
company wis immediately reorganized by the snmo
trustees, ns shown by the certificates tiled in the
County Clerk's office; Ihut the company assumed
tho contracts of tho old company, uiid continued
tho correspondence with the plaintiffs about the
purchase; that altur considerable letter writing mo
machinery, which, with tho additions, was to cost
?.1,750, was shipped to New York, and that they put up
tho machine, paid the expense of transportation an.I
all other necessary expenses; that the machine, for
Nome reason, did not suit, and was returned to plain
tiffs'agent, with the undersiimding that the plniunffs
should not waive any claim lor damages; thai tho ma
chine Is adapted to the purposes sold lor aud is value
less lor any other purpose, aud they Dually demanded
$50,000. The deleudaiils luado application a low days'
since, before Judge Lawrence, to compel the plaintiffs
of a foreign corporation to lllo security lor costs.
Judge Lawrence yesterday gavo decision, denying the
application, but without costs.
SUMMARY OF LAW CASES.
James Dariisuth was arrested yesterday by Deputy
United Stales Marshal Newcomo on a chargo of being
connected with the illicit distillery on Forty-first
street seized by the Infernal revenue officers last week.
Tho accused was admitted to ball in $7,500 to await ex
amination.
Cyrus F.Cook has sued the Kontucky Cash Distri
bution Company lor $10,500 40, being a balauce of
f H'J.o.15 40, lor advertising the defendants' schctno.
An uttnchtnnnt was granted against the company yes
tcrdny us a foreign corporation.
Tho motion lor a preliminary Injunction against the
Gilbert Kiovated Railway Company, enjoining tbe
conipiuy Iroin extending the railway on South Fifth
aveuuo and West Broadway, on tho property of Hut
tou ft Anderson, was argued yesterday beloro Judge
Johnstouc, in the United States Court. The Judge
look tne papers.
The rase of Joseph ltoss against Robert Finan, al
ready twice tried, was put on trial for the third time
beloro Chief Justice Shea and a jury in the Murine
Court yesterday. Tho case is of much tmp. runco to
parties contracting with builders for the erect) m ot
bouses and will undoubtedly occupy a couple of days.
Mr. l'arun Stevens, deceased, advuueed to a Mr.
Dixon $'J4.U0U lor horses and carriages, which lie In
tended to buy. Mr. Dixon gave him lib.TOu worth of
horses, nnd Mr. Stevens scut them back to be sold on
his account. The executors have drought suit lor an
uccounung ot the sales und lor the balanoo of tho
$*J4,UtO. The case was ou trial yesterday bolore
Judge Sedgwick in tho Superior Court, tho def'enco
being 'hat somo ol the horses died aud others hecama
almost worthless from uefectivo stabltug, and that do
fonuaut lias claims ugulust Mr. Stevens sufficient to
offset, the halnueo.
Professor Anthony Hague, tho well knowu scientist,
who wus arrested ou Saturday night last, on a charge
prelerrcil by Frederick J. Maiistlcid, a druggist ou
Fourth avenue, of passing a counterfeit twenty-dollar
Treasury uoio on "4th November last, was yesterday
taken before Commissioner shields lor examination.
Alter licuriug all the evidence Mint could he adduced
in support ol ibe charge the Commissioner discharged
the accused on his own recognizance and adjourned
tlie cuse until Wednesday next. Tho dolene.u is a gen
eral denial, the Prolessor treating the charge as one
easily refuted, and, as ho alleges, one got up with in
tent to blackmail him.
The particulars of tho suit of "General" Abraham
Greeiillial to be reinstated In tbe Congregation ltetn
Israel Itikur Sholim have already been given. Tho
plaintiff, it will ho remembered, wan con victed ol grand
larceny iu lliu Court of General Sessions mid ki-ul to
State l'lIson, for which ho was expelled. Judge Van
Brunt, before whom the argument was heard yoster
day, rendered a decision denying the application. He
ho.us iliut It would bo unjust to compel the congrega
tion to associate with a iiiuu who had beeu convicted of
lelouy.
Patrick Hughes brought a suit against Mary Hughes
und others, claiming that she hud dclrmided him hv
depositing his money, which he had gtven tier iu
trust, in the bank to her own credit. Ho nought, to
eiijniti i ho Greenwich Savings Buuk and ihc Emigrant
Industrial Savings Hank lroui paying the moneys
over to her or any one clso. Judge N an Brunt de
epen that what is leu of the Greenwich Bank deposit
must bo relutided to him, hut says the evidence is not
sufficient to establish a claim to tho money in tho
oilier institution.
Kdwurd Htirko paid an assessment on property iu a
case in which tlie assessment had already beeu va
cated, but ol which vacation both he una the oitlcluls
seetn to have been Ignorant, lie then brought suit to
recover iroin the city tho amount ho hail thus paid.
The city demurred to tuo complaint, taking the ground
that tho payment by plain ill' was voluntary, nnd ho
could not, therefore, reco'er tho amount buck. Yes
terday Judge Van Hoesen, In Common Pleas, Special
Term, ocloro whom the demurrer was argued, rcu
dcreil a decision overruling ii, und holding the payment
made by Burke nol to have been a voluntary pay
ment In the legal acceptation ol that term, but a pay.
tneul under a mistake of lacls, and such payments may
bo recovered back.
DECISIONS.
exrrnrMu court?chambers.
Uy Judge Urniiy.
VanCiicfvs. Huatcd.?Motion granted. Opinion.
Ferris ve. l'orrto.?Grauted. Opinion.
Breelrrvs. Vathetiniug.?Motion denied. Opinion.
Curbutl vs. Augull. ?Motion denied. Sou memoran
dum.
lMirvcav*. Doryea.?Divorce granted.
Kiliuguuusaa \>. Loask.?Dismissed.
.Matter oi Churchward. ? A reler. nco is necessary in
this < asc.
tirah iin v?. Boll and Lilddlngton vs. Slosson.?Mem
orandums.
Matter of a new street parallel to 150th street o(
Robinson v-. Kovtinl A. Dovisin; Humes vs. Barnes,
Mutter o| Sweeney A; Scott vs. Iho Great \\ ostein in
surance Co.?Cranio I.
By Judge Lawrence.
Matter of McGrath j matter oi McLoay; matter of
Case; matter of GlldorslocVe; matter or Durkln; mat
ter ol Gardner, and matter ot Wallace ?Motions
granted. Memorandums.
li.irktrvs. I'ultnrr. ?In thlsoas* 1 desire a certiil
Cai"' or statement by tlie r-lereo.
Kimball vs. Xcuton. ?Motion for leave to discon
tinue tills action is denied.
Mailer ol ()'liar*.?Tho motion to vacate tho assess
ment must be denied. Memorandum.
Matter ol the American Hand Pegging Machine
Company.--The case of tisruiuer vs. Tyier (4 Abb., N.
t'Ki) does not reier to receiver's ftppulnimciu under
the staleie upon a disroiulipa ol corpoutnon, whether
voluntary or in a host bo proceeding, and I again call
the attention ol counsel 10 the questions asked in tiio
memorandum previously tiled.
Muidooii vs. Fieri?Tho melton to punish Anthony
Piers (or contempt Is dented. Memorandum.
Matter ol toe .Second baptist church; matter of tho
Congregation Shaun Zed ok; matter o' the Central Bap
tut i liurcli, and matter ol the Hebrew Benevolent So
ciety.?Motions 10 v <cato assessments denied. Memo
randums.
b.u It child vs. Fsirchlld Ct al.?Order granted.
liul.iug vs. Hehrie.?Memorandum lor counsel.
Tuppau vs. Castro.?l he rclereo should, I think, ac
cept the pro|o.-ition mane by the Chamberlain.
Matter of HalbcrsUdL?Motions lo vacate orders do
med without coslfc Memorandum.
Matter ol McCo-key.?The motion to vacate the us
sossment is granted as to mis Nos. 7, 8, 0 and lo, and
denied as to lots Xo-. (J and 7.
miller vs. Linqnert.?Kolerred to William B. Win
torton. Memorandum.
Foley v?. Kathbona,?Tho motion lor an alloiranco
to Mr. Havens denied; no costs. Memorandum
Foley vs. Kallibune.?Motion denied; no costs.
Memorandum.
Matter ol Boss, Ac.?Motion denied. Memorandum.
Coles Vs. i nlcs. I cuicriam much doubt ss to the
propriety ol coullrin ug this report, and desire that
counsel tarnish a brlel in support of the application.
Matter ol llendriek*. Ac.?When ilie due, winch is
IrIl blank in this order, is tilled in 1 will tigu mo
order.
Karlo vs. II ?Motion to slr.ko out ans?or de
nied on i be authority ol Way land vs. Tyson, It, X'. Y.,
-81; Thompson vs. ibe brio Railway Company. The
original au?wcr mast be tiled.
I lie reopto < s tel. Gallagher vs. st Anthony Roman
Catholic iotal Abstinence Society.?Motion denied.
Memorandum.
Ryorson vs. Brauuig.au.?The plalnlilft appear to
have lie-'n guilty of laches, but Innsmucti t>s tiio judg
ment was not cutercd and the motion lor tho allowance
was not made by tut defendant until three years alter
the case bad been decided against tba plaintiff on tba
demurrer 10 ibe complaint. and, a* one pear baa not
elapsed tinea tbe actual eulry uf (he Judgment, (ho
plaintiff should have an opportunity of proaentlng aucb
C3?o aa be may have to tbe Court. The cefautt will
thereloro be opened on condition that tbe plaintiff
will, in Ore daya pay all coats ordered by the Special
Term to bo paid on sustaining tbe ' delendant'a
demurrer, tint be also pay wttbln tbe same
time all further costs and disbursements of
tbe action up to tbe present tluie, tbat tbe judgment
stand us security thai abort notice be accepted lor the
January term, thai tbo case at the defendant's election
be placed ou the calendar for said term, abort notice
accepted, and tbat ibe defendant stipulate to try tbo
case when Urat readied, and that be alao pay $10
cosis ol motion.
Murphy vs. Moses.?I see no objections to conferring
upon the receiver the power to sell aH prayed for la
his petition. The order ol Octobar 28, 187t>, which I
cm uskea to amend, b:snol been banded in, and I can
not para upon the propriety of the amendment without
having the order before me.
Alden vs. Chamberlain.?Tbe proposed order has
been held by me under tno impression that some
amendments wero to bo proposed by tbe plaintiff's
cotimel. None having been proposed I havo signed
ibe order. II there is any misapprehension on tbe
part ol the Court or counsel it can bo brought to my
attention in a motion tu resettle the order.
Sibley vs. Sinner?Motion denied, wltbout costs, and
with leave to the bail 10 renew, on lurtber affidavits, il
they should be so advised. Memorandum.
kuehler vs. Kosensirnusa.?Motion denied, wltbout
costs. Memorandum.
llo-cnthal vs. Dessau.?Motion denied, without coats.
Memorandum.
Ycrkes vs. Simons.?Motion denied, with $10 costs
to plaintiff. Memorandum.
wylie vs. MilwelL? Frederick R. Coudert appointed
relercc. Memorandum.
The I'ropio, Ac., vs. Wolff ?Writ dismissed and pris
oner remanded. Memorandum.
The Victory Webb I*, iiud T. >V. Manufacturing Com
pany vs. Beecber.?Motion deuird, without costs and
witn leave to tbe defendants lo move that tbe plaintiffs
Ulc a bond in a larger amount. Memorandum.
Weunore vs. Bostwick.?Motion denied, without
costs. Memorandum.
Mutter ot tbe New York City Church and Missionary
Society of tbo Methodist Kpisoopal church.?The
prayer ol tbo petitioner to vacate tbe assessment is
granted, except as to assessment* laid for opening of
streets and avenues. Memorandum.
Seymour vs. O'Connor.?Motion denied, without
costs and with leave lo renew after answer has been
served. Memorandum.
SUPREME COURT, CIRCUIT?PART 2. #
Ity Judge lmwrenre.
Zascga vs. Worlbiuglou. This uaso cannot DO set
tled until tbo stenographic minutes havo been sub
mitted and the amendments desired by the respon
dent tiavo been marked upon the proposed case and
aiao upon tbo minutes. Seo Rule 43.
BUPfitME COURT?SPECIAL TERM.
By Judge Vau Vorst.
O'Connor vs. The Mayor, Ac Bindings signed.
liruns, Jr., vs. Iloehm ut al.?Itecroo signed.
By Judge Barrett.
Schwartz vs. Samuel et al.?Findings signed,
llcaili, Jr., vs. Uulserl.? Order signed,
kidd and another vs. Packard.?Order settled and
signed.
Wood vs. Amory.?Judgment lor the defendant upon
tho demurrer, with costs. .Memorandum.
lin ks vs. Martin, Ac.?Cause set down peremptorily
for trial at tbo bead of tho day culcudar lor lirst Mon
day of February, 1877, upon pnymeul of costs.
Memorandum.
SUPERIOR COURT?SPECIAL TERM.
By Judge San lord.
Winn at al. vs. Crosby, assignee.?Order dismissing
motion.
lUudall vs. Bremer.?Order appolng Edward G.
Ferguson recolver. Ac.
Arnold ci ul vs. Walton etui Substituted service
ol summons and compluint ordered.
Thu Firo Asjuolallou of i'biladeipbta vs. Nichols et
al. ? Just ideation ul surolies approved and undertaking
allowed.
Roberts vs. Lowden et al.? Order opening Judgment
and .setting aside sale, Ac.
.Smith vs. Smith.?Order granting motion.
Neweombe vs. Earlo.? order denying motion for
relereuce, with $10 costs to defendant.
Smith vs. Wacdonald.? Motion granted, with $10
costs.
Forlorvs McGrath; Mlnaghan vs. Nicholas et al.;
Grohan vs. l.eddy ; Huveuteyor vs. lluvomeyer el at. ;
King vs. Thurston et al.?Orders granted.
By Chief Judge l urtis.
Black, Ac., vs. While.?Twenty-llith amendment al
lowed as changed, fourteenth and flily-Ufth amend
ments disallowed in resettlement.
By Judge Spolr.
Marx vs. Schrocder.? Order dismissing complaint
granted. Order to bo settled on nonce.
(irahum vs. Lyddys.?Order rallied.
Lhiwson vs. Burke.?The motion lor a reference must
bo denied. Memorandum^
Harper vs. Harper.? Tbo motion must bo denlod,
Wtib costs. Memorandum.
COMMON' PLEAS ?SPECIAL TERM.
By Judge Van lionsen.
Burke vs. Tbo Mayor, &c?Bemurror overruled.
Nee opinion.
Malcolm vs. Holmes.?Demurrer sustained, with
costs. See opinion.
Alimau vs. Altiuan?Motion denied. Seo opinion.
Bruce vs. Burr.?See memorandum.
By Judge Van Brunt
I.orey vs. Frankel.?Seo memorandum.
Meyer vs. l'olts.?Motion to dismiss complaint de
nied. Cuuso ordered to proccod boloro mo December
lu at hnll-past ten A. M.
Wallace vs. Underwood.?Order settled.
COMMON FLEAS?EQUITY TERM.
By Judge-Van Brunt
Teal vs. tones.? Judgment specific performance.
Soe opinion.
(ireeutlial vs. Congregation Beth Israel.?riaintiO's
case dismissed, with costs. Seo opinion.
Hughes vs. Hughes.?See opinion.
MARINE COURT?CHAMBERS.
By Judge Mr A darn.
Colin vs. Newburger; Olson vs. Bang.?Motions
granted.
Copeland vs. Crofutt?Order settled and Bled.
F round vs. Sond; Heller vs. An ken.?Seo indorse
ment on papers.
Robinson vs. Andrews; Hazard vs. Thelan; Schwarz
vs Oppold; DeForest vs. Wood; Cordis vs. Soureu.?
Motions granted.
Traitul vs. A lire us.?J. B. Locfcwood appointed re
ceiver.
Owi'U vMuller.?Sureties approved.
Kus-ell vs. Richardson.?Attachment granted, ball-*
able in a'ibU.
I'olucmus vs. Stowart. ?Defendant defaulted.
Wblnson vs. Schilling. ? 1 he act of ls"6 has not taken
away tbe power of this Court to Isnuo an nttaebment
against non-residents of tbe county. (Nee opinion in
Baker vs. .Shaw, lilcd November 27, 187*1.) The motion
to vncato the attachment will tberolore ho denied, with
$10 cost*.
Kloppenberg vs. Crane.?Bill ol particulars ol defend
ant's counterclaim must be lurnisbed within thirty
days or tbo dclcndunt will bo precluded lrom giving
cvidouce thereof upon the triul, and $10 costs, to abtdo
event.
McKoon vs. Tracy.?There being a dispute n* to the
Identity of tlio person served, n rclercuco will be or
dered. Sou indorsement on papers,
Harrison vs. Moore ?Arrest vacated.
By Judge (iocpp.
Ostraudtr vs. Goldman.?Opimou.
GENEKAL SESSION S?PART L
Before Judge Sutherland.
ATTEMPTED RUROLAR*.
William Kllltau, of No. 321 East Fortieth street, who
said he tvas atu honorary member of toe Osceola Club,
W hose rooms arc over ibe liquor store of John Kelly,
Of No. I >27 First avenue, was indictrd lor having en
tered the premises and stolen wines and liquors a
snort time since. The prisoner was tounu gumy and
sentenced to three years and six months in iho Rtalo
l'rison.
adult! rated milk.
The cases of thirteen milk dealers. Indicted tor
sdu'teratlng milk, wereon the calendar of Part 1 ol the
Court ol General Sessions yesterday, (in motion of
counsel for the accused Judge ."Sutherland permuted
the cases to go over until Monday next, counsel tor
defence not being prepared to go to trial
RTEALXJta A WATCH,
Thotnns Nulliv.iu, a baker, ol No. 314 Water street,
pleaded guilty to stealing a watch from Henry Kravert,
of No. 118 East Fourth street, on the night or the 3d
In it., and was sentenced by Judge Sutherland to two
years and si\ months in State l'risou.
stealing a diamond Pin.
Jnmo.s Cart-on was arraigned on the charge ofstonling
n diamond pin lrom Jacob Mice, on Sunday, the 2flui
ult. The complainant alleged that the defendant
shoved against him at he was about to leave a Third
avenue car, and that he observed his liuiid in iho net
ol taking his property. Ihe jury lonnd the prisoner
guilty, and lie was remanded lor sentence.
GENERAL SESSIONS?PART 2.
Before Judge Gilderslaove.
KEEPING A DISORDERLY HOUSE.
William Kacbold, a Herman, w <s Indicted for keep.
Ing a disorderly house at No. 148 Forsyth street.
Several wiinosscs, Including tne police oliicer on poet
in that neighborhood, testified as to tbe chnraeier of
tbo premises and the class of person* who entered
the Ugcr beer saloon kept by the prisoner. Pi tsoucr
denied that it was the resort ol any but fwpedtublo
persons. He was defended by Mr. Rlnist&g, who ex
amined several witnesses hs to tbe quiet surroundings
of tbe piece In question. Alter hit antenco ol nearly
three hours tlie jury returned a verdict of not guilty,
und tne prisoner was discharged.
ALLEGED IJIUaMY.
A i oiidk man, mimed ."annuel 0, Solomon, was in
dlcied on tbo charge of bigamy, it being alleged ibu
he married Charlotte 1 eck on Juno 0, 1807, at tno
Jui<iiv>ti street Mcilioril-i Episcopal church, und that
he Whs also joined in wodlock to Cnrnhno H. Watts on
the23d o> Juuo, W6. i lie ca.-e is still on.
COURT CALENDARS-THIS DA*.
8erakkit CoraT?Ciiauiikiis?Held by Judgo Brady.?
Nos. 76, 88, 139, 168, 166, 106, 187, 188, lb'J, 2J0, 247,
24k, 262, 20J, 217, 209, 273. 274.
sri'RKMK Cocsr?G*???A1. Tkr* Adjourned,
btrnzAS Cocai?srscnu, Tme?Held by Judcs
BirrM.? Nog. 1U, 1M. 187, 189, 190, 191, 199, 188,
194, 419, 652, 658, 675, 683. 692, 697, 703, 710, 713, 799,
738, 744, 745, 743, 741, 760, 7j9, 760, 761, 765, 767, 768,
774, 376, iSa
HtfKKxe Court, Circuit?Part 1?Held by Judge
Dnnohuo.?Nos. 1901, 1915)*, 2039, 862. 3709, 2361,
2373, 823!.,, 3213, 2011, 695. 1789. 20831;, 2015, 23*1,
4049, 2786, 1963. 3948. 2091, 2611, 2513. 2617, 2521, 2523,
2527, 2541. 2543. 2545, Part 2?Hold by Judge Law
rence Calendar same as published yerterday. Pari
3?Held by Judge Larreiuoro.?Noa. 1967, 1611, 1986,
1741>;, 657, 1736, 1549 >?, 1?23, 3076, 2267, 2277. 2365,
278. 3679. 41U, 419, 271, 2089, 696, 427, 3841, 4048.
SrraaioK Court?Oixkui iikm?Held by Judges
Curtis and Speir.?Nos. 21.
Superior Court?Special Term?Held by Judge
Saulurd.?Nos. 13, 14, 34, 23, 8, 10, 18, 20, 21, 22, 25,
39, 41.
M'perior Court?Tkul Term?Pari 1?Held by
Judge Sedgwick.?Noa. 113, 250, 876, 407, 331, 417, 418,
435, 430. 466, 087, 399, 467, 468. 473, 327, 404, 410, 408,
426, 412, 437 , 443. 474, 475, 476, 477, 4T8, 480)*, 481,
482, 483, 484, 485.
Common Pleas?Equity Term?Held by Judge Van
Hoeaea?Nos. 5, 14. 32.
Common Pleas?Trial Term?Part 1?Held by Judge
C. P. Daly.?Nos. 714. 1014, 144, 693, 925. 868. 863, 7o8,
1018, 412, 932, lUlO, 859, 909, 798, 803. Part 2?Held by
Juuge Van Brunt.?Nos. 733, 1190 to 1215 inclusive.
Part 3?Held by Judge Robinson.?Nos. It/21, 18, 1181,
1033, 1034, 1058, lu"8, 9v,0, 1109, 668, 827, 1210, 1218,
1219, 1220.
Marine Court?Trial Term?Part 1?Hold by
Judge Sliea.? Nee, 7928, 4468, 6685, 6213, 6161, Sill,
8663, 4?Mi, 6202, 6292, 4829, 5034, 6366, 5293, 6330.
i'urt 2?Held bv Judge Alkcr.?No?. 6128, 5160, 5228,
6229, 516 '., 5475," 6463 , 5469. 5259, 1813, 6478, 5483, 6484,
6490,6493. Part 3?Adjourned until to morrow.
Court op General flKaStORS? Part 1?Hold by Judge
Sutherland.?The People vs. John Kenney, robbery;
S.nne vs. Charles Fletcher, robbery; Same vs. William
U.chmond, rapo; Same vs. Martin Lake, burglary;
Sumo vs. James Cenry, burglary; Same vs. Patrick
Flynn aud John CoMeilo, burglary; Same vs. Edward
Hayes, burglary; Sarao vs. John Grant, burglary:
Same vs. John Kagin, burglary; S.me vs. Daviu
McKay and Jonn O'Keele;" Sarno vs. Martha
It bite, lclonlous assault and battery ; Sumo
vs. Bridget Walsh, grand larceny ; Same
vs. Mary Kane, grand larceny; Same vs. Jntncs
Kelly and James Morritsey. grand larceny:
Same vs. William Daly and Diehard Supple, grand
larceny; Same vs. John Donnelly and Michael Hag
gerly, assault and battery. Part 2?Held by Judge
Glldcrsleevo.?The People vs. John Lappta, robbery;
Same vs. Frederick Kipp, leluuious u?suuli and hat
terv; Same vs. John Brown, felonious iissauil and
buttery; Same vs. James Nugent. felonious assault
and battery; Same vs. John itielfy, grand larceny;
Sumo vs. Ida Levy, grand larceny.
COURT OF APPEALS.
Albany, N. Y., Dec 11, 1876.
In the Court of Appeals to-day the following busi
ness was transacted;?
No. 49. Smith vs. McKlnney.
No. 60. smith vs. Kidd.?Argued together as one
cau?e by M. 11. Horecbberg for appellant and C. F.
Brown lor respondent.
No. 3o. Norton vs. 1'attoe Argued by Samuel Hand
lor appellant mid W. F. Cogswell lor respondent.
No. 9. Packer vs. Kevins.?Argued by Jeromo Buck
for appellant and S. ti. Uigginbolam lor respondent.
CALENDAR.
The following is the calendar for Tuosday, December
12, 1870:?
Nob. 90, 93, 04, 71. 67, 68, 70 and 81.
THE VACANT PARK COMMISSION
EliSHIP.
CORPORATION COUNSEL WHITNEY'S OPINION ?
MB. JOSEPH J. O'DOKOHUK TO STEP DOWN
AND OUT.
Hy section 111 of tho charter Mayor Wlckham
elalincd last week that l*ark Commissioner Joseph J.
O'Donohne vacated his olllce in serving us a Presidential
elector. Mr. O'Donoliuo agreed to this versiou o( the
law, but siauds on the technicality that he tins uot
'?resigned," preferring the more tender appellation of
"vacated." Corporation Counsel Whitney has settled
tho matter dually, us tar as the law Is ronccrnod, hy
sending in the following opinion to Mayer Wlckham;?
TUB CORPORATION cocnsri.'s oriKtox
LAW I)K!?AKTUt:.HT, 1
OrricK or m? Copxsel to tub Coiu-uratiox, |
New York, Dec. 7, 1876. )
Hon. Wilium H. Wickham, Mayor. &c.
.Sir?1 am in receipt of your communication of tho
Ctli inst., in which you slulo you uro Inlormod thut
Joseph J. U'Donohuo, heretofore appointed u member
ol the Hoard of Commissioners governing tho Depart
ment of Public l'urks and holdiug tbnt oltlce, lins,
during his term of olllce, accepted, held uud still re
tains the ofhee of an elector of Presidool and Vlco
President of the United Stales. You cull my altoutlou
10 the provision ot section 111 ot chapter ?15 ol I lie
Laws ol 1873, and request to bo advised whether Mr.
O'Donehue must be deemed to linvo vacated the
olllce or a commissioner el the Dopartmont ot Public
Parke.
.Section 114 ol tho act referred to hy you, being an
act to reorganize tho local government ot tho city,
provides us lollows:?"Any person holding olllce,
wncthcr by election or appuintuient, wbo shall, dur
ing his torm of olllce, accept, hold or ruiatn uny other
civil office of honor, trust or emolument under tno
government ol the United States (except Commission
ers lor tho taking ol bail or register ol uuy court) ur of
Ibo States (except tho olbcu ol' notary public, or Com
missioner ot Deeds, or otllcer of tlio National (luard),
or wlio shall hold or accept any other olllce connected
with the government ol the city ot New York, or who
ahull accept a seal hi the Legislature, shall lie deemed
thereby to havo vacated every olllce held by him under
the city government."
The ilepurlmeut ol Public Parks Is one of the de
partments in this cily established by sections 20 and
S3 ol said act, and the ISoul'd huriug the charge of such
department was created by and now exists u:ider sec
tion 84 of tho sumo law. Mr. O'Dononue, therefore,
j held an olllco under the city government. The olllce
<>f Elector cl' President and Vice I'r sident ol the
United Stutcs is one created by nud existing tinder iho
statutes of this Stale, passed pursuant to tho pro
visions oi the constitution ot Iho United Stales. (lie
vised Statutes, Cth edition, pp. 44'), 441 and 447 to 450;
Constitution ol tho United Slates, article 2, section 1.)
lu view of tho highly Important duties devolved
upon the Electoral Collego and the tact that the elec
tors wbo perlortn such duties are entitled to the sumo
cjmpciisulioti as is allowed to members of tho Legis
lature lor their attendance and travels, theolhco is
undoubtedly one of honor, trust and emolument. Tho
provision of the net abovo quoted covers civil ofllcos
of this character, both ol iho government of the
t inted Stales and ol the State. It is Ihvrcloro imma
tcnnl, so tar as concerns my answer to tho question
submitted by you, whether an elector Is strictly and
exclusively u .->tale olllccr or whether lie must be re
gurdcil as iu part performing bis duties under the gov
ernment ot the United Stales, in either view ho
comes directly within the provisions ol the charter,
and 1 therefore advise you that, upon the lacts slated
lu your letter. Mr. O'Douobun has vacated his olllco of
member ol tho Hoard having chargo ol the Depart
ment of Public Paras. 1 ain, sir, yours rcspcntuliy,
WILLIAM C. WHITNEY,
Couuscl to the Corporation.
BOARD OF APPORTIONMENT.
THIRD TISTRICT COURT HOUSE?PARK IM
PROVEMENT FUND STOCK AND RENT OP
ARMORIES?THE ESTIMATES FOR 1877.
A meeting of tho Hoard of" Apportionment was bold
in tho Mayor's olllco yeslerday morning. Mayor
Wickhnm, Comptroller Kelly and Tax Commissioner
Wheeler were present. Mr. Porter, ono of the Com
missioners ol the Third District Court House, at-kod
for uu appropriation oi $30,000 to complete that stinc
turc. A communication was also received irnrn the
Park Department asking lor uu Issue ol $73,OiO cltv
park improvement lend stock. The judges ot tho
Court ol General sessions requested nu appropriation
to meet salary expenditures lor the mouths of Novem
ber and December el this year. Those requests wcro
all roierfi d lor consideration to Comptroller Kelly.
A resolution was adopted authorizing Compiiollcr
Kelly to Issuo bonds lo the amount of tOi.lii), toe
money to be used tor payment of rent of armories.
Tho" Hoard went into executive session during tho
nlternoon upon the estimates lor 1877. They will hold
several additional sessions before the tinst voto is
taken.
TIIE GAS COMMISSION.
OrENINO BIDS FOIt SUPPLYING GAS FOR
1N77? AN INCREASE IN rittCE DEMANDED.
A meeting of tbc (las Commission, consisting of
Mayor Wickhnm, Comptroller Kelly arid Commis
sioner Campbell, was hold ycMorduy In tho City Hall.
Tho lollowlDg proposals lor lighting tho city lumps
with gas during 1877 wcro opened:?
New York tins Company, districts south ot Grand
street, $118 per lamp; Mnubaunu Gas Company, dis
tricts from Grand lo Thirty-fourth street, $.,0; 'Mutual
Ga* Company, districts embracing portions ol thoso
ol the Now York, Manhattan and Metropolitan com
panies, $ui; Metropolitan Gas Company, district be
tween Tnirty-iourth and Seventy-uinth streets, $34;
Harlem Gas Company, districts north of Seventy
ninth si reel, $37 60.
The New York and Manhattan companies ask f 13
per lamp more limn Ihey r*0<-ivo Iroin tho city at
present, and tlio Mutual Company an increase'ol
flu 2.Y No awards have yet been made.
The appropriation lor ibis year tor lurnislnng gas
lo the city amounts lo $700,tMi. .Should tho Increa-o
in bids ot the New York and Manhattan una Mutual
companies bo allowed It will be tieces-ury lor tno
Hoard of Apportionment lo appropriate $>31,000 lor
next year.
MUNICIPAL NOTES.
A special meeting of Ihu Hoard or Aldermen was held
yesterday afternoon, with Alderman l'urroy in tho
clmir. Nothing hut routine business was transacted,
and tho Hoard adjourned till Thursday next.
City Chamberlain Tapp.ru makes tho following state
ment of luuda Inliis hands during the past week:?
liainnco November 20, $2 ,7411.880 07; receipts,
$1,613,005 14; payments, $4,7M,08o 16; balance De
cember V, $2,478,806 06.
Mayor-eloct Smith Ely, Jr., having resigned his place
as Congressman trom the Seventh district, an election
to (LU the vacancy will be orderod lor the 2d of Jaau
?rr next. The auceeisor to Mr. Ely will only bold
office until tbe 3d of March. U i? understood thai Ex
Governor Seymour was tendered lb* nominaitoo, but
refused to accept on ibo ground of ill bealin, Mr.
David Dudley Field IB also talked of lor tbe democratic
nomination.
COMPTROLLEB KELLY.
TBI HEW DEPUTT SWORN IN?MORE CHANGES
IN PBOSPEC*.
Deputy Comptroller Richard A. 8torrs was sworn
into ofllco yesterday before Mayor Wickham and imme
diately entered upon bis new duties. No Inrtber
changes have yet taken place, although it is rumored
that many heads will fall in (he basket within a tew
days. Comptroller Kellt's policy seems to be to make
haste slowly, and when cbaurss arc made it is under
stood that none but efficient attaches will be ap
pointed. A rush ol all grades of politicians, from the
election district runner to the wnriLstatesman, is man
Ifest daily around the Finance Department since the
appointment ol Mr. Kelly, borne ol those enterprising
gentlemen will be, doubtless, disappointed in their ex
pectations ol places. '1 he new Comptroller, his
friends say, will conduct the business of bis office
solely with su eye to its thorough efficiency, irre
spective of political considerations. .Such s public
trust as the Comptrollersiitpoi this city, tboy contend,
should not bo ruu in tbe shape ol a political machine,
and Mr. Kelly possesses independent characteristics
which will insure nu intelligent and heuert adminis
tration lor the next lour years of that office.
WILLIAM M. TWEED.
HOW HIS CASE IS SHAPING?HIS QUARTERS IN
LUDLOW ST11EKT JAIL.
Tbe facts of bis delivery by the Spanish authorities
stand merely as facts and are surrouuded in mystery;
tbo return ol Tweed Is probably not more tban nu act
of courtesy extended to tbe government of the United
States by iho Spanish government, and it may b'o pay
ing oil an indebtedness owing us since Argucllcs was
spirtiod away from a New York hotel and sent busk to
Spanish authority, about twolvo years ago, secretly
and quietly, and without direct warrant of extradition
to back up the transaction.
"WHAT Alts VOW GOING TO DO?"
This pel expression of tho Doss applies to tbe case
as it stands. 'Micro is no difTcrenco in status of any of
tbo procedures; he quietly walked out front the
barred doors ot Ludlow street, and uobo-iy us yet
knows where he went to alter his mysterious disap
pearance I rein Iho custody ol deputy sberiils abuse
optical delusions were certainly most affective. It
applies also to the real estate investments and Im
provements of ex-Warden Dunham at Long Branch,
whore ho bus been cultivating "garden sass"
mid painting his houses, like a veritable mouarch ol a
nice locality at tbe seaside whilo Tweed has been
away; and it applies to tho prosecution against
Tweed, who arc no heller off now that bo is at boinc,
and yet may ilud themselves at sea upon the question
oi iuterlering with po.-sible disgorgements ol real es
tate "by In in to others duly conveyed," and by the
obligations which may oxlst to treat the distinguished
visitor handsomely and carclully since he was sent
bsck without the extradition warrant, and in the lace
ol the old story ludor.-ed by ono of our Attornoys
General, that tbe political doctrine of tho I'nilcu
States d ies not imply tlisi any State is under obliga
tion to deliver t p lugtnvcx from justice, except upon
a special compact, or duo process ol law and requisi
tion.
COM PORTA DI.R M HIS ({CARTERS.
With abundant leisure to think over Ills old associa
tions in the cosey room, where there were bodies of
good champagne always on the ire, tho "Boss" wax
us comfortable and resigned yesterday as lie could
well be under thesunuv skies ol Spain. Tbe lowering
clouds without made bun just a little weary, and be
had bul short conferences with his visitors, and vet,
to judge from his low words to a Iriend, "ho linds'lho
air of Now York congenial and tbe political situation
amusing enough to keep the papers busy aud givo
somethin; to read." lie seems also to enjoy the
lact that lie will tell nothing; his peisonal effects and
haggago will bo restored to him by the authorities at
Washington, and tho question ol luriher procedure
agnmst uim docs not bother tho man who maybe
culled tho "Ureal Defendant."
THE AMERICAN EXPRESS COMPANY.
DENIAL OF THE LOSS OF ONE MILLION DOLLARS
BY THE RAILROAD ACCIDENT.
A roporl was circulated in Wall street yesterday that
the loss sustained by Ibu American Express Company
by the destruction of their saios at tbo railroad ncci
deul at Looueyville, near Buffalo, amouulcil to
$1,000,000. A Ukkald reporter called at tho com
pany's otlice in Broadway yesterday, aud learned from
Mr. C. G. Clark, tbo managing director, that tlio accident
bad bappened to tbo express on the New York Cen
tral Railroad, about sixteen miles this sideol Buffalo.
One express car load ol market produco, principally
poultry, wus entirely consumed; lkowi.se a portion of
u second express ear. Benjamin Woodworm, of
Utica. who had been in the ctnp.oy ol tbo company
about Blleen years, was burned to death. The through
Cbicugo sale, which was in his keeping, contained Uy
a woiidortul chauco only $700, which was destroyed.
Woodworm's sale, whicn he had brought tram Buffalo,
did not contain, as lar us Mr. Clurk had been nhlc to
learn, a large amount ol money. 11c said ho had uot
yet loarwd the precise sum, although lie thought an
estimate of $10,000 would ho the highest Ugure it could
be suloly piacod at. Indeed, ho sunlit unzbt uot bo
bnlf ol that sum.
About six months ago Androws, an express mes
senger lu the employ ot tbo American Express, mot
his death by burning, like Woudworth, on tho Great
Western of"Canada Railroad. Tho express companies
at this season of the year are currying more money
West than East.
2HE BROOKLYN ALDERMEN.
A DIG FIOIIT FOR ME BROILS BETWEEN THE
DEMOCRATS AND THE REPUBLICANS.
Thero Is likely to bo a lively canvass for the office ol
President of the Brooklyn Hoard of Aldermen. Tho
democrats hsvoone majority in the Board, and (he re
publicans hopo by internal dissensions among their
opponents to elect ibeir candidate. Tbcro are, it is
said, such vast interests Involved, us far as tho demo
crats are concerned, that they fully rcalizo tho Impor
tance of acting us u iiu11, ami w ill not afford their oppo
nents tho slightest chance to thwart them. Ol course,
tbo great point is to retain pussessiou of tlio various
commissions uud other city departments. With a re
publican majority in Hie new Board the Police, Firo and
city Works commissions, besiue tho departments ol col
lection, Arrears and Treasury, w ith their accompany ing
pairouago, a considerable Itoui in Itsoll, wun'd pass out
ol their hands. Win,o tho democrats ale benl on re
taining all tneso the republicans are ju-t as hard at
work iu endeavoring to wrest them away. As the
l!r?i move toward accomplishing tucir purpose tho
republicans are working to elect ono ol tliclr number
President of tbo Board, hut they labor at too ouiset
under the disudvnniago of disaffection among them
selves. Tbo uillicully is that three men want ouo
place, and each man declares that ho must have it.
These throe are John French, the present presiding
Officer; Alderman Bay, ol Ibc Tlnrtconlli ward, and
Alderman F. B. Fisher, oi the Twenty-(bird ward. A
caucus of tbo republican members will bo held this
evening, when it is expected they will decide upou
their candidate.
BROOKLYN ELEVATED RAILROAD.
A i etllion was rend In tho Brooklyn Board of Alder
men yesterday Irom tho Kxeciilivo Commltteo ol the
Brooklyn Elevated Railroad Company, asking lor tbo
change ol route Irom that lixeJ to one as follows:?
Commencing at Fallon lerry, nlong WatOr stroet,
Pearl sircci, Wtllouyiihy street. Gold street, PrKalb
?venue, Grand avenue, Lexington avenue to Broad
way, and thcuco to the cny Due. Referred to Railroad
Committee.
WORK OF THE CORONER.
Edward Rode, of No. 412 West Forty-lourth street,
yesterday reported to Coroner Woltman that his tu
laut lemnle child had been accidentally suffocated in
bed, while sleeping with lis muthor, during tbo previ
ous night.
Coroner Wolimni was yesterday notified to investi
gate tno ranges of tbo sud .en death *of tho following
p. rsons:?Emma Bauer, need fourteen inoAths, of No.
140 Thompson street, and l'eier W. Duncan, aged lor y,
ol No. 14k Cherry struct,
Pnrcbo Miller, aged sixtv-six, of Sixty-eighth street,
near Tenth avenue, who was taken to I ha Nuiety-uinUi
Street Hospital Sunday night, suffering front an over
dose ol opiuhi, died ihere yesterday mmming.
John Tcwusend, aged D rty-two. of 144th street, be
tween Brook slid Willie ft venues, died yesterday Irom
a Wound received by lulling on a plant instrument sev
eral day* ago.
Mrs. Klcgg, of no. 131 Cast Fifteenth street, who
h i* long been uilected with heart disease, went out oo
the extension Ol her house yesterday to sweep too
snow off' the -Mlft ko engaged fell (lead.
jiARRIAGES AND DEATHS.
ENGAGED.
Hkrmax?Lonrrirn.?Jknxt, daughter of Edward
Dor man, lo SaHOkl IiOkvi lkh, Esq., Loth ol this city.
Wkh.nm?La i-i. km and.?tin Sunday, December 10,
1878, Edwahd Wkunkh lo Miss Matilda I.allsmaxh.
MARRIED.
At.mtRTsox?OsTRAxma. ? On December 9, 1878, Mr.
F.KXKtT E. Albkhtmox, ol Bolvidere, N. J., lo Kaciisl
Ax.va oxtkaxiikii, ot Brooklyn, at tne residence of tho
bridn'a parents.
Hukrstkl?Bitjor. ?On lHoeesfcor 8, at the St. Vin
cent ol Paul chmoh, by tlio Rev. P. Aubrtl and luo
Rev. P- Couruier, a Misled by tho Itov. P. Argucierc,
F.dmo.nu Uuskstel to CanousA Biuor, both of New
York.
Jaqves?Bickkrton.?Wednesday, December 6, by
Rev. Dr. Bnrtian. at Calvary Methopiat Episcopal
ehuren, Pinmet P. Jaquw to (Unuim E., daagb
lar ot Joseph Biekarton, all at East Drang*, N. J.
MATTnr.ws?Dor class. ?In Jeraay Clip, ob Woduoa
day, Decernbar 6, at the residence el tba bride'* par
'eat*. by (be Kav. John P. Hale, CbakUU Kinuvi
(a Kats, daughter sf Jobs Douglas*, Eat
1'au*kk?Mitchkll.?1 n tbla city, on the 7th inaL,
by Kav. John A. M. Chapman. David L, Pamu to
Lot-fan M. MiT'iull, both oi New York.
PiTCHKS?jKiutMUB.?On Monday, December 4, 1878,
by Kev. P. M. Ware, F, (i, Pitch a a to Kauii i,
JAKKMiAii, all ol Brooklyn.
Powru?Ella*wood?Ob Wednesday December 0,
1878, by Rev. A. T. KenyoB, T hum as J. Pown, Ol
Brooklyn, to Nbttim, daughter ol Hcnrv KUaawood, (4
Clyde, N. Y.
DIED.
Alt.?On Monday, December U, Maboabbt Al?,
after a long and painful ulness. in the 74th year ol hc(
*8?
Relatives and friends of the family are respectfully
' " " at balr
invited to attend the funeral, December 13,
post one o'clock, from her late residence, 166 Broomi
Axdhrsox-Sunday, December 10, 1876, Cordelia
L. Anderson, widow of the lata Andrew .vuderaon.
KvlaliTca and Iriends of the family are invited te
attend the funeral, from her late residence, No. 3S
Will l.d si, on Wednesday, December 13, at ona
o'clock P. 11.
Birch all.?On Sunday, December 10, of pnenmonia,
l, lu the 62J year. '
John Birchall,
Funeral to tako place on Tuesday, December 12, al
two 1'. 11., I rout his lato residence, 363 13th at.,
Brooklyn. Relative* and Irieuds ure invited te atleud
Hoak.?On Sunday, Thomas Boak, aged 73 year*.
The relatives ami ineuda ol the family are invited tt
attend ins funeral, at the residence of his sou, lleur)
ltuak, 32J East 41st St., on Tuesday, at twelve o'clock
noon.
Cohsfkld.?On Saturday evening, Olh Inst., Has
kiltta, beloved wife oi lsidor Cohaleld, daughter ol
Morris a ml Caroline M. Hcymann.
The Ir lends and acquaintances ol the family are re
spectlully invited la attend the lutier.tl, to-day (Tues.
day), at ten o'clock, Irotn 310 West 33a st.
The members of the Hebrew .Mutual Be neat Society
are hereby uotilied that the luneral of Mrs. I. Cobn
Icid will take place litis (Tuesday) morning, nt tea
o'clock, from her late residence, 310 West 23d rl
A. S. VAN PRAAG, 1'residenL
Cotton.?In Yonkers, Monday, Docemher 11, Bra,
Amanda M. Com n, aged 60 yours.
Funeral from her lato residence, Ashburton av., oa
Wednesday, at two o'clock 1*. M.
Cowrn.?On Monday. 1 ItU Inst, at tour A. M.,
Charles Cowrn, in the 78th year of bis age, at his latt
residence, 19 Allen st.
Relative* and lnonds are respectfully invited to at*
tend the luneral, Irom St Teresa's Roman Catholic
church, comer of Heury aud Rutgers sis., on Wednes
day morning, at uine o'clock, where a requiem mass
will bo celebrated lor tho repose ol his soul; thence to
Calvary Cemetery.
!)k Garmkndia.? A solemn requiem mass will be
celebrated in su Ann's church, 13th st, between 3d
and 4th avs., ou Saturday, December 16, at uinu
o'clock A. M.. for tho repose ol the soul ol the late
Nannik Spai.ihxo, wile of Carina U. do Uurtiieudia, aud
daughter ol tho laic B K Spalding, ol Baltimore, Md.
Relatives and friends. "Children of Mary" and mem
bers ol luo "Alumni Sodality" and "Xavler Union,"
are invited to attend.
Duffs.?On Monday, December II, after a long and
severe Illness, Mart J. O'Donnbi.l, wife or the lata
Bernard Daffy.
The relatives and friends or the family ere respect
fully invited to attend tho lucerul, Itoui the residence
ol her son-in-law. Joseph 1'. Jones, 740 Host 9th st,
on Wednesday, December 13. at two o'clock.
Donovan,?on December 10, An.nb Donovan, daugh
ter ol tho late Timothy Donovan, ot Kosscarbery,
county Cork, Ireland.
Relatives and friends are Invited to attend tho fa
nornl, from 3 Rutgers place, ou Tuesday, December 12,
at two o'clock P. M.
Duncan.?Suddenly, on Monday, December 11, 1876,
Petkr W. Duncan, a native ol Uallymnbao, county
Longiord, Ireland, aged 47 years.
Relatives and friends ot the lainily are respectfully
Invncd to attend tho luneral, on Vtedncsday, ttio 13th
of December, at half-past nine o'clock A. M., from the
residence ol his cousin, Mrs. Ellon Duncan Fishor, No.
214 West 3'Jd st., to tho church of St. John Baptist,
where a requiem mass will be offered; thonce to Cal
vary Cemetery.
Evkrtsin?In Brooklyn, on Sunday, December 10)
Bkunarius Kvkktskn, aged 71 years.
Tho relatives and fricuda ol tho family are requested
to attend the funeral services, nt his late resldonto,
No. 3d Green av.. on Wednesday altcruoon, the 13tk
inst., at lour o'clock.
Relatives and friends aro requested not to sont
flowers.
Kwireli.y.?On Sun lay, December 10, 'CATnRRi.xs
r!o iCf. R {a1"0' 1>ucr"'k und Elizabeth Viir
veil;, aged J years, 10 monibsnutl 27 days.
1 lie funeral will uko place iro.n ibo residence ol
her pare,its. 93 Jorsoy a v., corner Mercer s!,j?
City, ou Tuesday, the 12tb lual., at two p. M. ItCli?
lives ami Iriende aro invited.
qu*r,er pMt ????. w.lu
'1 lio luiieral will lake place from his Into rxM.i...
srr?&rs?'*- -
Koluiives and lriciids ol iho family are rc?r>eetfuiiw
nv'ied.o.i.endine funeral, from uCs I ale res'dene?
.>?12 Bedford av? Brooklyn, on Wednesday Dccamrn.?
Id, at ono P. M.. withou. luribcr notice. '
t-TV-1"-1Sl'<,<lon,y> *pople*y, December 10, in bla
leans Morgan il-?LL> lorraeriy of Now ur
toTitSS* '?M" ?""?
Ili'Tcai.v(is._on Sunday, the loth u>-i at his lata
resilience, No. 2,144 lid uvi.'eorner of llllh .v j "
lU rcuisiis, ol l.oudou, Kngland, tu tl,0 roil, year'ol uu
The funeral services will tako place nt Iho above ad.
dress on Wednesday, the 13th. ?[Iwoive o clock
yoar ofbw ago"" 10< VttWUM UvXKa' lu "??*?*
-awrutis fa?,r,:asi?3i^ll2
MKh St. Thursday. December 12, at one o'clock. 4
Ki.as ? On Sunday, December in, Mrs. Mary K?e?
Bister of iho into Micuaol lianunti. * ?
Funeral tins Tuesday, at tcu A. M. from 8t r.m.j
Cathedral, Jay st., Brooklyn. Jetnerf
Kums.?On .Sunday, Decomh. r 10, VtRuiviA nlrtn^
daughter ol Williain.au.i Alary Kllno. ' c,doj*
Ftincrnl will tako placo from iho residence of hna
srr-ai&Vi N?"" *?-" ? -
Loin.x.?December 10, of consumption, Sami-ri n
iarTi'i * " ?v',''!r< a"u d mouibi, sou of the lite
William ana Elinor Logan. *
The relatives and friends ol the family are rcsnerL.
tall/ invited to attend the funeral, Wednesday afier.
noon, 13th Inst., at liali past oue o'clock from tiit
Brooklyn. ^ ?"&2 ?!
Lorrr. On Sunday list, at half past twelve p \r
!?""? *"?" "?? <1 >-?.'"sp.A
1 unerul will take place on Tuesday, nt 2 P If from
her late residence, in Lawrence su. BrooRlm ' ?
74 ?,.'r'~ "? 187fl' MaRT'^ Mauolr, aged
'Ate luueral will lake place from tbo resident. ?i h..
sou-in-law, John Shannon, 105 clason av on
Wednesday, tnc 13th Inst., ?t one o'clock.
MAX^lT'~":,,ln<'n>'' 1)a00mbor 10. JlAX ACOTSTR
Coupon are respectfully invited to attend the funeral
? Ir?m c,""cli
S5S* a
Curdy, in iho 0iin year of lier ace.
Iho relatives and friends of tbo family arc rcsnrct
fully invitou to atteud the funeral, Iroin'hcr latent
deuce, No. 10 Kas, Fourteenth at, on Wednesday mlr^
me December 13. at hall-past nine o'clock
?.sssrsrayriss ss,:r *?'
"nuf lato William ^bourne^^ed 34
Kunoral look place en Saturday, December 0
Pobtek,?At me res donco ?f her lather, In Pain
fluid. Conn., on Saturday, the Mb Inst Fmwa d.nlm
? or of Ldraund Hobart, K.-q and wile of f.y'Porter
of Savannah, On. ? *? 1 ter,
Iho Irieuds aro Invited to attend iu
rices, from St. Paul's church FnlriieM mi w?i, ?
day afternoon, the 13th taai/MhtUX? '?
Ha van nab (<;..) Morning News please copy
1 i i.i.nax. ?suddenly, on Monday momma 11th in?t
ol h "ngo.? Uuar,? J"U> ''c'-h-AS, in the o?h yc?
Kclanvc* and friends are Invited to v. ,
ssrr: ??,
ocliKk ? Vc<,nT "Bcrnoou, atom
i .IVl11 -~SoddeDlP. Monday morning. December 1L
Llti.lA.x AL, daugnter ol Kdwsrd and Maria Bode amui
J inomhs. ?iur is itoue, a get
^srsaara ssaavaa isr s
Bnlstlvcs and friends of the family nr. _ .. ..
invited to attend iho lun-r,"^^fro inif. hi ? n'"1 '
Xo. 355 Humboldt si.. Brooklyn
December 13, at 2 o'clock f ll ' " ?n ruo8,la^
hnoixikaiis.-.On Sunday, Decembor 10 is?
Sso^KAsa. in the ?2d year of his ,.c, " 18W? JA***
hcl!iti\ 08 and I no ii tj s are ro^Doctfiiliv <n?rt?A/i ?
A-V^iSSrS hf.r"-4ih' !'ocom',or H. Mrs. 8au.tr
sas'ir'i* ,r ?f ?^ *!?s
L niuul glaies Nuvy" Lleulcnttnl Jonathan Malihia,
realdcnli*o?r?\i?V' 1.^? ,01a',1(,n,, ??'e funeral, from th?
' ' Mr- fctlwnril Mason, Lafayette ay mui
\VILsot'1?At 1 ^/"t'-t?y' 1""' ? ?l one o'clock. #
l?us'. vii.ivH 'J'm V'' on?Sun<,ay. Deccmhcr 10
ycir ol her Me- ' W,Uo'' ,n ib" ?
i?nH 'i*hiT?? **a.'r!'nd* 8,8 respectfully Invited to at
d"? h?r l??c residence, oa Wedaea
0*y? UUt 1WH., M luur-fMl twelve P, M.