Newspaper Page Text
THE COURTS. A Libfral Philanthropist Pnzzlrd Ortr a Little Note of Hand. NICE BANKRUPTCY QUESTION Second Thoughts A'ways Best in Re p'evm Proceedings. DON'T BELONG TO THE MILITARY. Mr. Joseph Macks/, In November last, gave bia note tor $800, payable In ibree mouths to the order of He v. B. T. Roberts. Tbis note was assigned to Messrs. ?Ailing k Cory, of Rochester, N. Y., who, tbe note not having been paid, brought suit to enforce its payment. A good deal ot diflleulty was experienced in serving tbe summons and complaint upou Mr. Mac key. Tbe clerks of Mr. Johns. Bird, tbe prosecuting counsel, paid frequent visits to Mr. Muckey's plsco of business in tbts city and also at his residence, No. 155 Montiigue street, Brooklyn, lti order to make sure of serving tbs right man a steel portrait of tbo delinquent uobtor bad been obtained, and wltb Ibis guide ono of tbo clerks lay tu wait for hours watching Mr. Mackey's residence. Finally, ? gcmlemun walked up tbe Iront sloop and the legal Cerberus asked, "Is tins Mr. M.ickcy ?" "That u my namo," answered the unsuspecting Mackcy. "You're not Mr. Muckey," ?aid a lady who hail opened the door and heard the question. "Certainly I am nol Mr. Mnckey," remarked tbs gciitlemuu. Taking the lirst admissiou ol the gen tlemau ss correct and the striking similarity between htm and bis counterfeit presentment, the clerk, us he says in bis sflldavit, had no doubt ol his man, and leaving the papers came awav. subsequently. Mr. Markey dculod having boen served with tbe papers, and ineautime an execution having been issued upon tbe Judgment application was made to Judge Itonohue to set aside ibo execution and vacate tbe judgment. Among tbe papers suumilied by Mr. Bird in opposition to tbe motion was tno following letter Irom Mr. Mackcy, which carries us own comment with '.it? Nkw York. Feb. Ill, 1877. Messrs. Al.i.iKU and Ookt, Rochester. .V Y. ? Urim saxx?Your favor of the ISili Inst, reached uie this A M. I regret exceedingly n>y note gotog to protest, but it could not he avoided. Parties largely indebted o me fall to pay their protuisns, and tny moans being locked up In real estate is my reason for tne non-payment of the note. It Is next to Impossible to get money out of the largest ol houses The note Is perfectly good and will he paid if foil will he kind enough to give me a little time luuuer on he tame I never expected to roach limes like the present sr I would have been less liberal iu my eharitios than 1 nave been, having given ill ibe course of a few rears over (Ig.l.Dtkl for charity. Within thirty days 1 think 1 shall he in posses- I Sioll of ample funds I o meet lay obligations. Utile to wait j on my customers is all 1 require. I am, very respectfully yours, J US,. I'll MACKKY. There is also submitted a pretty sharp letter Irom 1 Mr. Bird recitiug inu uuuoyuncea to which lie bad been subjected through Mr. Muckey not replying to Ills . notes und denying his ideullty, lint promising, not withstanding thin, that tl bu would aend hiu chuck lor the amount be would delay execution und savo him Sheriffs fecR. To this letter Mr. Muckey wrote a isrl reply, uayinc, among other things, "If you enter judg ment and execution you must abide tbe r.ou.-cqueiioes, as my name has itcen without a tarnish tor twenty years in business." Judge Donotiue, upon all tbe lacts presented, reiused to vacute the Judgment and exicu> I tlon, tbo result ol wbich will be Mr. Mackey will buve to pay bis note lor $300 uud quite an additional cum in : Ibo way of costs and disbursements. IMPORTANT BANKRUPTCY CASK Id the matter ol Henry scliwarx Judge Johnson, of Ibe United Suus Circuit Court, decided u very impor* i lant question recently. Henry .Scbwarz tiled a volun tary petition in December, 1875. At lliat lime a gull wee pending ugAinsl In in by Rothschild A Ilcyrnan to I recover damages for purchasing goods under, as was j clattued, traudulont representations. The bankrupt obtained a slay ol proceedings of ibis suit Irotu ibe .District Court, and on motion tbe Court refused to i vacate the satne. This decision was brought up for ; review, and on tbai motion Judge Jonuson nied bis j decision yesterday suaiaimug ibe actiou of tbe Court ! below. Tbo Juugo says tbat scctlou 5,106 enacts tbal | so creditor whose debt is provable shall be allowed to i prosecute to flnal judgment any suit at law or In equity, tberelor, against tbo bankrupt until tbe ques tion ot tbe uebtor's discharge sliall bave ncen determined. It is cotiifuded tiiut this section Boglit to be construed not to include any debt winch would not be discharged even itiotigh itie bankrupt Should obtain tbe statutory discbarge, such as debts nreated by fraud, Ac. it la also insisted that ibis claim la not a provable debt. The cliutn originated on a con tract for tbo purchase ol goods, and the lucl that the bankrupt is charged with having fraudulently induced tbe petitioners to make the sale does not exclude the claim Irom the class ol provable debts, even tbougu tbe Iraud must be proved to entitle me plaiiiuB to recover. The Judge continues:?"I concur entirely with tbe views ol Judge iiUirhford iu tbe cane of Rosenberg 3, Benedict 14 The baukrupt is entitled, | tinlll tbe question of his discharge is seuleu, to he pro- | tected ny ine court in bankruptcy. I hat tno creditors bave not proved tbetr claim d?ea not uftect tn<- ques tion. The section relates to provable debts, wbicb of course. Include those which na\e not ueen proved. The Court thereupon affirms the dcciaion ol tbe Dis- 1 trici Court." Mr. A. Hiumensttcl appeared for bauk- I gBDt and Mr. A. R. bynu for creditors. CONDITIONAL. PURCHASES. The Qrtn of John J. Nicholson A Co., bankers, of Baltimore, made advances to William M. Winks, a putter up or canned fruit In that cify, upou ibe under ntanding that the money should bo used In tbe pur chase aud pulling up ol caanud poaches, which were to become the properly ot tbe bankers, and tbe pro ceeds of tbe peaches when sold were to bo accounted lor to them. Under ibis agreement 731 caus of canned peaches were put up and shipped to Tburbor A Co., of Ibia city, and the bills of lading were immediately de livered by Winks to the brokers. Upon tbo arrival of Ibe peaches in New York Mr. Conner, tbe Sheriff, latxra them whiio in tbe possession of the Hulli Biore Transportation Company, the carriers, under an attachment rsauod at the suitoi one Parrel!, a creditor of Winks, upon the ground that Winks was the truo ow aer ul the pouch' s. Nicholson A Co., the bankers, thereupon commenced replevin proceedings in the Marine Court, through ex-Governor Low as their at torney, to recover possession of tbe properly, aud Ibe action was tried In that court yesterday, before Judge McAdam, who held ibat under tne arrangement ItaiPd tbe title to the property was in the Nicholsons tn<i lliat Winks never bad any leviable interest ibcreiu, and directed the jury to And a verdict In lavor If the plaintitta lor tbe possession nf tbe property llaimed, assessing lis value at $1,882 57, with dam ages and costs. THE MILITIA IMBROGLIO. Tbe habeas corpus proceedings in the matter of John C Starck, formerly a member of ComimUy A, Seventy ftrsl regiment ol State militia, came issforo Judgo Donohue, in Supromo Court, Chambers, ye-terdsy afternoon. Mr Bpcncer appeared lor tbo regiment and ek-Judge Jones lor the petitioner. The case oa the part of tbe regimental authorities is that Company A fell bolow tbe minimum, aud was properly distributed atnoug tbe other companies by tbo oolonol, under the express provision ol Hie militis code. Tbe members ?f the company on their disbandincnt claimed their full discharge and relusod military duty, and .Starck was arrested lor non-payment ol dries " The question same up on two Issues?first, whether ibe authorities kaii a right to disband aud distribute the company; and second, whether the petitioner had filed an appeal to tbe commanding officer, i lie muter was feierred to ilio Clerk ol the Court, Mr. William Sinclair, So take testimony. sergeant Llovd K. Monigonury, ?ailed by Judge Jones, testified that batore Sluiuk's arrest be got ironi him an appeal, winch lie left at the ? dice ol Colonel Van Wyke, Assistant Adjutant Gem ral and chief ot staff on General Wtlinar's staff. Tbe case was then adjourned until in-morrow lor a further hearing. OBJECTS TO SMOKY CHIMNEYS. James Barrett Is the owner of No. 7 Rutgers place, Which baa brick chimneys. In 1872 Jon Walker, lis aays, wrongfully and without bis consent, cut away tne brick work and brnks Into and excavated several bolea turoogh and injured the chimneys ol bis build ing, sad run tns pipes from the adjoining premises, Bo. 6 Rutgers place, into tbe chimneys upon bis prem ises, and ban ever since and it now using tbe chim neys, and still has pipes inserted therein. Mr. Hsr rctt further states tbat bis rhimneys do not drsw and are smoking, and tbat be bas sustained dainsgo ox ceding $5,1100, and foe this turn bo bas brought soil. The answer states that tbe dcicudant la owner in tee ot No. 5 Rutgers place, and as such nas a right io in ike holes in either or htftb ol the wails, which are party walls, aud so declared to be hy agreement duly tied. He atso says that the plaintiff's premise* are pot inlored, as the stovepipe was put ui> in a smilnl and workmanlike manner. Ibo trial ol the case was ceiumcnocd yeatordav, ucforo Judge Sanford, in the Baperior Court, Special Term. 8UMMARY OF LAW CASES. Availing himself ol tl?o privilege grantod by Judge ponoliue ol selecting (be trustee ol hit eatato, Mr. William Winter yeauirdaj selected aa ?uch trustee Mr. Pamoei Webster. Judge Donobuo yreterdnv confirmed Mr. Wiator'a aelection. and directed tho now trustee to giro a bond 10 $10,000. Tito wtll ol Samuel Cabill, formorlr a wealthy aboee Mutb.tr to (bis city, and wbo comnCMW. aulcldo aom> | Ilia* ago, ?u yesterday admitted to probata. All bis ' property goes lo his widow. Tin" will ot I?r (iordoo Buck was admitted to probate yesterday. Wilb tbe exception of tut cute of taatre. rueou, wblcb be Oequeutbs to his aou, be leavea all bu i property to till widuw. la tbe Kinmt .Silver Mining Company suit proceed ings were reautued yeatorday belore Judge Wallace, in the United States Circuit Court. Mr. Treuor W. I'ark waa recalled, and alter further direct testimony by bim tbe case was adjourned till tbis morning. John Brvant and Hetiry Burton, wbu bad boen held ; by butted States Commissioner Duel, in the Southern | district, on a charge of telling stumped cigars in : Brooklyn, wore, ou u warrant u! removal issued by i Judge iiiatcblord yesterday, sent buck to Brooklyn, | within the Custom district, where the ollenco is al leged to have beeu committed, lor examination. Mr. Samuel Joycson has brought a suit against Rich ard.- & Boas, ot ibis city, lo recovor on a drult lor ?510, drawn ou E. W. Yates & Co., of Bivorpool, Eng isud, bought Irura Merries S. Craigh, alleged to be an agent ol the defendant. The trial ol tbe caso was tommenceil yesterday belore Chief Justice Curtis, in the superior Court. A writ ol habeas corpus was granted yesterday by j Judge Dunohuc ou applicatlou ol Mr. William F, Howe in the case ol John Holers, alius Cass, arrested ou s charge ol being itupllcsteU in the robbery last .Sunday ol the sixth Naliou.tl Bank, the tact- ol winch have already beeu published, The writ was made re turnable this morning. Mr. Hiram P. Cruiser, lormnr agent ot the New j York Bite lusurance Company, is charged with having lulled to pay over premiums collected ou Ills policies. A suit has accoidingly been commenced against him | and his surely, William K. Young, to recover $'J,4dT SO, i the umoiiut claimed to be due. The trial of the case ! was begun yesterday belore Judge Larremuro in the | Court ol Cominou i'leas. Craizer denies the charge I and Bays that he ouiy owes $360 to Ine company, wuich he is ready to pay. Ou the opening ot the trial, ' It being ascertained that the suit involved the nxaniiu ! ation ol a long account, Judge Barn-more sent the l case to a rolcree. A detaull was taken agaiust the planum In tho suit j brought by John J. Showier against his wile. Adele 1. ! Showier, on the ground ol adultery, and the cash came 1 up lor urgumenl before Judge Bouoliue yesterday, on a . motion to open tho dalaulL The husband Is now in ; jail for non-puyment ot alimony. Tbe wile denies tlie 1 charge and says ihul the husband has condoned the of ! euce. Decision wus reserved on the motion. John Scaulon. brother of Cornelius scan Ion, the vie I llm ol the late Mulberry street tragedy, applied lor let I tors ol adnnn-atratiou in the Surrogate's Court, yes I terday, ou I lie estate ol the deceased. The applicant | i? a resident o! New Britain, Couu., the late home of j the demised. John, ricuulon slated that deceased lclt j Ins home about a year and a half ago, where he had never boon heard ot aguin till the account of bis destb as detailed in the New York papers reached his family. I The estate waa proven at $'J5. The application was j I grunted and letters of administration issued, i l'he second trial ol the suit brought by Kdward Dev lin against Daniel Uullugnur wus commenced yester day before Judge Barretuore in the Court ol Common fleas. The complaint charges thai the deicuoaui, who was engaged on tho 17th ol September, lt>72, iu blasting rucks on a lot ou the southerly side ol Forty- j ninth street, near the East Kiver, so carelessly pre. | pared the blast that the plaintiff was struck by the rocks and stoues and seriously injured, lor which he j claims $5,000 damages. The deionco lu a general ? denial. Mi. H. P. Alien appears tor the plaintiff and 1 Messrs. Flanagan and Bright lor the defendant. Mrs. Christiuu Nuterick nas brought sun against F. . Boas Bro. lor $5,000 damages lor alleged wrongful I taking of lure in her possession, which she claims i were lett to her by her biisband. ho having beeu a . turner. The case canto to trial yesterday belore Judge ; Vuu Brunt, holding Supreme Court, Circuit, On the i cross-examination ol the plainttll tbe theory ol the i deleuce Wus developed, that the plaiuliff's nu-band, who had been employed by the defendant's firm up to ! the Mine ol bis ueath In making up lurs, and the plain- j tiff's son, likewise in the deleiidanl's employ, stole the 1 lurs in question. Tuts, however. Is stoutly denied by j the plunilift and her son. Kx- Judge Caruoxo audi-. Cohen appear tor tbe plaintiff and Messrs. 11. B. Clin- j ton and W. B. Putney for the defendants. DECISIONS. SUPREME COURT? CHAMBERS. By Judge Lawrence. Kefnach vs. Meyer.?A; Hie conclusion of tbo argu ment ol tins motion the respective parties were al lowed noil I April XU to suonut ihelr briois and papers. Inquiry is inudo on Ibn lllti ol April by one who does not appoar by ibu record to bo un attorney or counsel In tbo case whether tbo motion bus been decided. Aa only a portion ol ibe immunao mass ol pu)>er8 and docuinenta involved in the motion has been laid before tho Court, and us tne meru perusal ol the papers and briois when presented will ui-ccsearily occupy several hours, the Court Is unablo to |>eicetve either tbo per tinency or propriety ol the inquiry. By Judge Donohue. Murphy vs. Scott.? 1 tbinlc the Judgment lor de ficiency against ibe defendant was prematurely en tered nud must be set aside. Bsrgli va Peutx.?Granted. SUPREME COURT?BPECIAI, TERM. By Judge Van Vorst, Jaeger and another va Hulsiein and another.?Upon Ibe pleadings and plulnlin's opening tbis action cannot be sustained .'or a reclsiou ol tbo contract, nut may be lor damages, and must bo tried on the law side ot the Court. Beits and others vs. Belts and others.?Order granted. King va. Shears and others.?Judgment lor plaintiff. By Judge Vuu Brunt. Wilson va Bolton.?Order signed. COMMON PRE AH ? CHAMBERS. By Clue! Justice Duly, fross vs. Bucbran et aL?Reference ordered. The People, Ac., vs. Lmtnsar et sL?Application granted. Pulls vs. Diossy.? I want to sec counsel. Donovan va Schnpport.?Motion denied, with costa 1 While vs. Iloyt, and Uienaennlng el.ah va Rank.? ! Orders granted. MARINE COURT?CHAMBERS. By Judge Slnnott. Stream vs. Crete.?Mr. Denis Quina appointed re ceiver; bond, |2.r>0. Wurmuih vs. Keith; The Graphic Company vs. Camp bell.? ..olioni to vacate orders of arrest denied, with filu costs. Hanley va Parley.?Motion lor new trial grnnled. Smith va Roberts.?Case as printed substituted lor written one and ordered Glod. Hirscblierg va Davis.?Motion granted; order ot ar rest vacated; $10 costa, to abide event. Goodwin va Benriqoca? Motion to vacate attach ment granted, without costa l.uwson vs. Zoord.? Motion granted. Brown va Wcidersen.?Motion to punish lor con tempt deoled, ou coudltion that judgment debtor ap pear and proceed with examination April IB, at ten A. M., at Chumbern Morrison va Mnrpby.?Motion to strike out answer end lor Judgment graniod. Curley va .Shine.?Motion denied, without costa Welsh vs. Schuyler?Motion granted on payraout of $2A coeta within ten days. Wheeler va Haydock?Motions for Judgment granted. Norton vs. Murphy; Naughton va St. Patrick's.Mu tual Alliance; Jackson va Jai kson ; Helny va Kvana; Pogg va Taylor; ."'tern vs. Smith; Kimber vs. O'Don nell; Meyer v?. Cramer.?Muttons grunted. Balchcllcr va Baker.?Mr. John P. Nebatnan ap pointed receiver. Ilarvcy vs. Morange.?Mr. P. J. Eckereen, reforee. Lawrence vs. Rsinsey. ?Rcargument ordered. GENERAL SES>IONS-PART 1. Before Recorder flackoH. "straw" bail. Neptune Bow-den was arraigned at the bar for trial yesterday on un Indictment charging him with perjury Id having sworn to s fraudulent ball bond. Assistant District Attorney Horace Russell, who appeared lor tho prosecution, stated the circumstances under wblr.h tho prisoner was srresiod. In October lost George P. Parker, alleged to be a confederate ol Rowdon in straw bail cases and similar branches of bualseas, was ar rested lor obtaining a number of shirts on Islso pre tences and was held by Justice Kuamlro lu fillJU ball on a charge ol petit lurCenv. Ou tho 2?lh ol that month Rowdon presented himself si the District At torney's office aud swore be-resided at Na 140 West Pourth street slid was owner ol stock aud llxtures at No. d.12 Greenwich street, amounting in value to ?40,000, and lie was acconted a- bond?man. When Parker was called lor trial be did not put In an appearance, nor could bis lionusman be foond, not bong it either o: the places mentioned by him. Home tune alterwuru It was alleged tiiat Rowdon, Parker aud James K. Cooler bad carried.on an extensive bogus commission busi ness ill 2111 Pillion street, by which many pcopic were defrauded in this aud sdjoiniug Steles Detectives O Connor and Piclds proceeded to Brooklyn, and c p tured Parker at 2M Pulton street. I be dilcruvt-s sub sequently went lo Philadelphia, where they arrested Bowden us-i Cooley. Mr. Warden yuinc, ol the Dis trict Attorney's office, who drew up me bond, llie de le- lives w ho made the arrest, and the proprietor of tne premises 832 Greenwich street were examined, and the last mentioned witness tcstilled lie did not own auy property si that place. Mr. Charles W. Brooke, coun sel lor the prisoner, produced evidence to show that Bowden bad been suffering from delirium tremens, and offered to prove by documents that ho was not in waei ol money, having properly in New Jersey. The Recorder excluded ibe loiter evidence, and the ease was adjourned until Monday, owing to engagements of Mr. Brooke. GENERAL SESSIONS PART 2. Bclore Judge Sutherland. A MEAN tttt 1NDLKII. A man, Kith a long, Kr*V heard and his hair nicely arranged, and giving hi* name a* William H. ft nil, was called to the bar by Assistant District Attorney Rob Una, chargc l wlih forgery. The prisoner w?* arrestod for swindling, by representing himself an the -'flnunciul agent" of the Preabytarlau Hospital. On the 4th mat. bs made his appearance at tha residence of Mrs. Heury K. W inthrop, No. 3.1 West Twentieth street, and showed his subscription book, which purported to bare the signatureol Mr. A. II. Belknap, the treasurer of the Pres byterian Hoapttal, certifying that Hall was the author ised collector. Mrs. Winthrnp garc him $30, and tho fraud having heen discovered he was arrrsied on tho chargo ol false pretences. It wm then aecartained thai Hill, bv similar representations, bad obtained a check for I'O Irom Mrs. M A. Grosvonor. which be bad cashed by tho teller of thev-ecoud National Bank, by forging tb? indorsement of Mr. Beikoap. The forgery wtaproved by Mr. Belknap and the prisoner was arraigned on tbal charge. He pleaded guilty and was scut to tho Stale Prison lor Ave years. AHHAI'LTINO with a knife. John Mlllor, a belligerent young man, was charged I with a felonious assault on bia uncle. Jauiea Sberidun. al j the tenement bouse No. 10" Mulberry aircet. Theoom I plainaut leslilled that the prisoner nitackua hi in with j a knllo and mads a thrust st bis neck, and that when I he put up his hand lo save himself he received a sr. ! vers wouud in the hand. Tito prisoner was convicted and sent to the Stale Prison lor two years. AN INCORRIGIBLE YOUTH, j Henry stsndford aud Charles V. Hunt were arraigned j for trial charged with burglary in the third degree. On tbe evening 01 the 20th ot March the store ol Mr. Daniel Pike, who carries on the bustnoss ol an optician at No. 518 Broadway, was entered aud property amounting in value to several hundred dollars was stolen. At the time aland lord, who Is eighteeu ve rs old, wus In tbe em ploy of Mr. Pike, and boing auapoctod of the crime was arrested. Hunt, who had also formerly I >been in Ins employ, was uexl arrostsd at No. 32 West Twenty-sixth street by Otllcur Morsti, und ou his room being searched a quantity of the stolen property wus found uudcr tho bed. At ibr close of tbe evidence Mr. Kuilins, wlio appeared lor the piosccutiou, intimated that be did not consider it sale to convict atsndford on tlie ovidouce adduced, an opinion m which Judge Sutherland said be heartily concurred. In tho case ol Standford tho jury were then directed to acquit blm. Hum wis touud guilty ol tho crime charged, and it having been shown lliat he had already served a term lor a similar oflencc, and thul he was an Incorrigible youth, Judge Sutherland sent him to the State Prison lor lour years. j COURT CALENDARS?THI8 DAY. Supkkmk Co cut?Cham hicks?Held by Judgo Don. I ohm-.?Noh. 87, 97, 123, 132, 209, 220, 237, 249. 264. 36#, I 200, 201, 204, 207, 172>m, 273, 275, 270, 277. 278. Stii'KKMK Court?Stkciai. Ikus?Hold by Judge Van Vorsi.?Nos. 104, 218. 227, 111, 230. 24u, 241, 254 . 258, 259. 200, 201, 207, 208, 275, 174, 278, 280. 40, 285, 280, | 230, 287, 291, 110. 293, 294. Sui'KtMK Court?Circuit?Part 1?Held by Judge Lawrence.?Snort cuuses?Nos. 4791, 4489. 4389, 4029, 4721, 3801, 4758, 4425, 4:43, 4357. 4451. 4031. 4329. 4595, 4407, 4769, 4701, 4401, 4707 Part 2?Held by Judge Bar ren.?Case ou?No. 1090. No day calendar. Part 3? Held by Judge Van Uriiul.?Short cuuse>_Notc 2584, 3828, 4599, 4750, 4154, 1770, 4018, 1588, 3032 4294, 4534, 4002, 4032, 4680. 4.670, 39.64, 4402, 4410, 4u30, 4100, 4537, 4541, 4477, , 4793, 4794 Suntkmk Court, Ckskkai. Tkkm.?Adjournea sine die. Sui'krior Court, Urkkkai. Thru?Adjourned sine die. Common Punas, Ukmkral Tkkm.?Adjourned until the flrsl Monday ol Muy. Sitkkiok Court, sun.ial Trk.u?Held by Judge Saufurd. ?Nor. 19, 20, 54, .67, 04, 07, OR, 59. Sci'NKioR Court? Trial Tkrm?Pari 1?Held by Judge Freedtnan.? Short cause?? Nos. 1020, 1131," 1179, 1277, 1242, 125u, 1271, 1104. Part 2-Held by Judgo Speir.?Nos. 820, 02044, 830, 997, 530, 539, 540, 599, 005, IOCS. 035, 044 , 47414, 189, 611, 597, 311, 600, 907, 640, 786, 780. 825, 1014 Tart 3? Held by Judge Curtis.?Nos. 090, 823, 943, 799, 1009. 710, 717. 013, 790S, 804 , 800, 816 , 693. 1050, 1085, 1080, 1087, 1088, 1089, 1090, 1091, 1093, 1094, 1090, 1097. Common I'lbas?Equity Tkrm?Held by Judge C. P. Daly.?No day calendar. Common 1'lkas?'Trial Tkkm?Part 1?Held by Judge Van Hoosen?Case on?No. 240. No day calendar. Part 2?Held by Judgo Larreutore. ? isos. 497, 907, 1097, 1216, 735, 730, 737, 738, 1123, 740, 1007, 932, 143, 1311, 1120, HHO, 1008, 175, 687. 1040. 1TH9. Part 8?Held by Judge J. F. Daly.?Nos. 1700, 1272, 031, 114a, 1268, 1140, 1053, 1054. 1247, 1735, 1188, 1200. 403, 1078, 1279, 1115, 493, 1120, 1284, 1202. Makink Court? Trial Tkkm ?Part 1?Held by Judge Alker.? Short eaiisos? Nos.* 7800, 7933, 0250,0795, 0983, 8807. 7894, 9201, 9202, 8314, 7018, 9298, 0207, 9080, 9310, 9285. Part 2?Held by Judge Sheridan.?Short causes? Nos. 9497, 9140, 9165, 9166, 9218, 9150, 9193, 9186, 7553, 9179, 8434, 8049, 7949, 9339. 9255. Part 3? Held by Judge Sites. ?Short causes?Nos. 0182, 9111. 9187,9112, 0475. 0230, 9180, 8440, 9212, 8864, 9257. 8813, 8261, 9316, 6769. Court ok Gknkkal Skshionh?Part 1?Held by Re corder HacketL ? The People vh. John O'Brien, bur glary; Sstuo vs. Charles Wilson, burglary; Samo vs. J union JlempNoy, grand lurceny; Sitine vs. Dominion Leister, assault and batlory; Same vs. L J. T. Horsey. misdemeanor; Samo vs. Theodore F. Stratton, Ronald McNlchol and Robert K. Stewart, misdemeanor; f-uine ym Henry C. Walter, Lulu Walters, Theodore Fowler and George McCloud, burglary. Part 2?Held by Judge Sutherland.?Same vs. Philip Trogsi and Alex ander Roy, felonious assault and battery; Same vs. Patrick Green, felonious assault und battery; Same vs. Mary Gibbon, burglary; Same vs. Mary Leonard, petit larceny; Same vs. John Mcfiulncss, assault and bat tery. COURT OF APPEALS. Albany, April 12, 187T. In tbe Court ol Appeals to-day, present Hon. San ford E, Church, Chief Justice, and associates, tbe fol lowing business was transacted No. 284. Ycrkes, respondent, vs. tbe National Bank of Port Jervls, appellant.?Argument rcsnmed and con cluded. No. 280. Caroline NeunendorflC appellant, vs. tbe World Mutual Lite Insurance Company, respondent ? Argued by Henry Wehle for appellant and William P. Prentice tor respondent. No. 289. Kelteckuu Pulzel, appellant, vs. Ellen M. Van Brunt, respondent ? Passed. No. 29(1. Eliza Catltn. appellant, vs. Charles H. Mar tin, respondent.?Submitted. No. 249. Henry E. Itobioson, respondent, vr. 3. Cbltiendon and others, appellsnts ?Argued by Robert D. Benedict tor appellants and 11. P. Hatch lor re spondent. UAV CAI.KNDAH. Tne following is the day calendar for Friday, April IS, 1877 ?Nos. 148, 271, 283, 257, 293, 294, 290 und 800. SUPREME COURT DAY CALENDAR. Kocnksteb, X. T., April 12, 1877. The following Is tho Supremo Court day calendar for Friday, April 18, 1877:?.Von. 25. 31, 75. 101, 14, 72, 01, 127, 2, 64, 56, 69, 113, 13, 22, 27. 29, 30, 34, 73, 74 and 78. UNITED STATES SUPREME COURT. Wamiixutox, D. C., April 12, 1877. The following proceedings took placo In tho Supreme Court of the United States to-day:? On motion of Mr. K. M. Jobnsoo. Mr. J. P. Brannan, ol Cinoinnati, was admitted to practloe as an altorue. aoil counsellor of tins court. No. 221. Joseph Seldeu, Collector, A-c., platnllfT In ; error, vs. the Kquitable Trust Company.?The urgu- ' nieut ol ibis cuuse was continued by Mr. Assistant Attorney General Stnttb, of counsel lor plaintifT in error, and by Mr. Augustus Brandegce and Mr. J. Halsey lor tbe defendant in error, and concluded by Mr. Assistant Attorney (intend Smith for plaintiff In error. No. 222. William M. Montgomery, by his next friend, Laura Gains, appellant, vs. Paul N. Spotlord el al.?On motion ol Mr. J. H. Asbiou, alflrmod. with oosts per stipulation ol counsel on tllo. No. 228. Charles K. Paige, plaintiff in error, vs. John A. Lortog. assignee, Itc.?tin motion ol Mr. Causten Brown, affirmed with costs, per stipulation of counsel on llle. No. 224. ChnrtOH J. Brewer, plaintiff In error, vs. Jobn i? Butler ot nL, executors.?On motion ol Mr. A. fi. Kiddle, dismissed with oosts under the sixteenth rule. No. 225. Benjamin Stark, appellant, vs. I^wls M. Starr. No. 228. Benjamin Stark, appellant, vs. Lewis M. Starr. No. 227. Benjamin Stark, appellant, vs. Cbarlen P. Bacon et sL?The argument of these causes wn commenced by Mr. J. S. Binck, of couneol for tbs appellants, nnd continued by Mr. George H. Wililnms for the appellees. Adjourned until to-morrow. ??DAN, THE BLACKSMITH," FREE. The examination In the case of Daniel II. Burnt, alias "Dan, tbe Blacksmith," arrested by Captain Williams, on Monday, on suspicion of being connected with tbe Sixth Nations. Bank burglary, was concluded yesterday before Judge Murray in the Jeflerson Market Police Court. There wus bnt one witness called, and his testimony cleared tbo prisoner. KJward Kelly, nineteen years of age, residing at No. 804 Tomb avenue, testified that on Sunday afternoon, between a quarter to lour and four o'clock, be saw three men, covered with sawdust and cobwebs, coming out of the bnFeracnt on Hroudway underneath the bank, and thnt Daniel 11. Burns, the prisoner present, wus not one of the men. He was ao near tbo men that ho brushed past tbein as tuey walked up ihs street. Judge Murray, alter carefully examioii.g the real ol the testimony aud comparing it with the evi dence of young Kelly, whom he knew to be a young man of good character, decided to discharge the prisouer. Judge Murray said:?"If It was not for ibis witness, Edw .r.J Kelly, 1 would have committed iho prisoner in $20,000 bail to answer. " A LADY THIEF CATCHER. About nine o'clock on Tuesday night, while Mr. Joseph Wolf, Jeweller, of No. 266 Hudson street, was allowing bis warns to a lady customer, a young man, about twenty years of age, came into tho store and asked to see sorno gold watches. There were three children belonging to Mr. Wolf running around the store, and while he was attendlug to the lady oae ol the children noticed the young man take one ol the ' watches Irotn the case nnd put It In his pocket. Tho child told ihe lather, who ran to the bnck part of tbo store for a pistol and the lady in iront grabbed tbe i thief. Mr. WoII'h son, a boy ahum fourteen i years of age, seeing his latter run ou*. in an excited manner with a pistol In his hand, tried to take It from him. and the result was thai the piatol wool on and the son received a slight flesh wound. Tho wlmle affair wan hut the woric ol s lew miuuies, dur ing w hich time tho man made desperate struggles to ee Mp* tne lady cusGimur. the children and Mr. Wolf do lug tbetr utmost to prevent him. An officer cants up tn tlino to arrest iho thiet, whoso name Is Charles Ward, ol N". 132 West street, nnd be was arraigned be fore Judge Murray yesterday %nd held In $1,00U ball to answer. TAXING NATIONAL BANKS. xmpoktant r-.oi.ioSH .t th. ositku btatwi Btrpuu. OOO.T I. TH. GRATIS A.O TBAOEHMKS'. NATIONAL HAN* SUIT. -?EW YUUK CITT VIOTOBIOUB IS BOTH ACTION# BKTTt-BM.NT OT A QUESTION O* GHAT* IN TyKKbT TO ALL OpB BiBKS. The civ ha. recently gained two very important .all. which have put at rest several mooted point, concerning the taxation by the municipal S0""""1 o, tue share* or stock of national bank., lhe first Ot these ctt?e?-Tho PeooU ex rel The G.ll.tiu Nation. Haul' v. The Commissioners ol Taxes?Hdded .omo >ii ,'kh, 000 to the assessment roll, of the city, and the other case?The People ex re!. The Tradesmen's Na uouai book vs. The Com mini oner, ol Taxes-added over ?" 000 000 more. Below are given carefully pre pared abHiracis of the decisions In these cases. ?. ju.t given by the Supreme Court ol tho United State: TIIK GAhUATIX NATIOXA1. BANK SUIT. The ?.se of The People ex rol. Tb? Gallatin N.tlonal Hank vs. The Commissioner, of Taxes, in which Mr. n I) Lord appeared lor me relator and Mr. Hugu L. Cole lor the respondents, was an appeal by the bank irom an order of tho Court of Appeals, affirming on order of the General Term dismissing j . wrll wf ocrtlorarl which bad been granted 1 tor the purpose of reviewing th. action of the Tax Commissioners in the valuation by them ol the shares ol the capital stock ol the bank for the uurpose of taxation. The Commissioners bad assessed the shares ,t their actual value instead ol an heretolore at tbelr nar value. The relators claimed that the shares could not lawlully "be taxed in excess of their par value" lor three reasons-flrst. because the enabling act (chapter 87 of the Laws of ISd.M provided that there should be no uxatlon ol tho stock of the national b..nks in excess of the par value of the shares, which statute and the organizations under It ol the bank (which bolore had boeu. State bank) as a national bank created a leg.* , hAittrion iho State and the bauk wUtoh lat.ve con ract between ll'? s?l?liecallgc national could not be abrog ^ t 'g ep ? piir|l0n of tueir banks are requirou by |.w? korp^ P ^u res(>rvo capiial iu Uniieds at ^ fat ^ ^ jeUuclad out of tuLir etrninK , nurd, bccuuse from the total valueola *h;*^#H'aSd lb. m\u United lbe inclusion of tho an S\HU;^s Ce banks are no" ?m,uired to keen auch wherens State . . ttDy particular class ol so reserve and o '!*?*!. bunks at a CUf'V,?rVat^thauolher moneyed capital In the hands greater rate than contrary to the sutute. ol individuals of the State, con_ y ^ ^ aClual Th? par value Is tlie standard to bo the whole ol the capItal oli n in^ gaoh UXMI0B w?? Ml at?i Helpu'di scrimmuJJ'?''' 'was" "nu?'spemI*c was no tuchcntlty b, b HOpurato<i lor the pur set;. 'KSoTfSr... ??*???? make up the value ol the shares. OPINION or JCHTICB ItCIST. _ . Mr Justice Hunt delivered the opinion of the Court Mr. JUBttce nuu gute oI New York pro ss lollows. rho ,?.eso wc reler to shall bo aasessod * ? k'i. ?? much a nart ol the property ol tho bank, Wb.'C. J,u to Ox lb* vslue of the shares equally a. II It and goes ,b t nanje but remained as a part rtehS? l.pM? ounTeJ, orotbc.fuucl.of the 'oMune?"^ prov.ues that tho 8U.e. moy tM ^hsre^o. national bbo two Instructloin- . otner moneyed gy, ssssi' share, by _tb.itVtt^ (23 Wall., "2- But the relators lusist tbat by the act ol the ?#0.) BUI too roH. w York, passed May a, lsn&8 iVwss enacted that tha shares could uol be as t was amount than the par value thereof, soused at a greater am contract with tho banks and that such statu e crtmUHi bo d alured VLVv.?&JS2.,?? Bul U^^ ?ifnTe WM fauaV defective, in that It 678) that this ? ol ,Uo lhui the tax uuihortzed aid oot contain n P imnosed on Biato banks. Sbould J1 ? * ?^i(oud' vi*ca by the siat111o of 18.16 lai!uleed to be iUeg?I ?nd void. The clause now was adjudged to * simply a proviso or 1"ld, SrLxmn oyfthat.y?e?n H ..ecesss'r.ly fell alll? It qualification at mat 171 k n? ?uy gucn proviso *F oni'menI*s^h?Alator^UInfs ih?y henellt of. Of nnnrle thero couId bo no such ,h.ng as a violation, of oonrre tnero ? nroviso which never existed. fSSSSS 5T?SS? ?j"-- ??> ths mAumiMkk's xatioxai. bass scit. f ,rhJ1 pmodIo o\ roL Tho Trttdo#inuo s Nn* . "pank vs The Commissioners of Taxes, in which tlonul Bank , aoueared lor the relator and Mr. Mr. Uoraoe l respondents, came up by corilo Hngh le Cole lor MJMre^p #>| ^ ? ???wnich 'the Commissioners were bound to do- | ?niount _OHS value of the shares on account t?f d"ct tno bank. The statute (chapter 7M, lbs roal estate ol tne^ ^ tl|n m(k|n| M?:h assess Laws of 1808^^ p .irtiuctad from the value of sucn meat there Vm TnT.ame proportlon to such rvtl he real estate to the whole ^ssx^t&tjs ? r ~r.&t shsrea Tho rcs'sindonts contended that the aeduo pon should be made Iroin the actual capital. or IN ION or Jl'81 ICK XIM.KR. Tho Court held, Mr. Justice Miller delivering the opinion, on follows:?Tho evident object and purpose of the act from which tho foregoing provision la cued, was to provide a system of taxation of tho stockhold ers of national bunks by which they should he assessed for their (bares In the nine method mid hare the seine burdens as arearo assessed upon other property, and thus be comjielled to bear their lair and just pro portion of taxes to be levied. When tho assessors and fixed upon the value of such shares Ibon ibe deduction was to be made from the Value of the snares of tho as sessed value of the real estate, and here the real point of the rontroversoy is presrnied as to what the deduction shall b?. It is lo be proportionate and as ibe assessed vulue ol the real estate Is lo the capital stock. The phraseology last employed must b# considered In the connection with the "value ol the shares." which havu previously been inserted In the statute, and when the statute speaks of the "whole emuuni of the capital stock" it la reasonable to suppose mm u paa reference to its lair valuo and not to the nominal ainouul of the cap ital. It cervnlnly includes the value, as that const miles the actunl amount and tho Important element which was to he ukeu into consideration in the assessment of the shares. Such being the principle upon which the assessment la based.lt Is not apparent In what manner a deduction can be made rrom the value or the shares lit proportion to the nominal capital Instead of real capital according to lis value. The word "nominal" la not used, and while the amount of the eapltal may be nominal, it may also, when it has Increased in valuo by prollts earned, be lar beyond thai, and when It has tbu* become actually more valuable than the nominal amount tuere la n? valid ground lor holding that the latter sum should be the criterion. In (act, the langiluge cited woald soom to Indicate that It was In tended by the legislature to exclude any such con struction. ll It were otherwise hanking instilntions which had been prosperous and successful, and who-e shares bad been raised far shove I he par value, might escape taxation upon a large portion of the amount of their capital, wbtlo those which had been unlortuoate and reduced la value might be taxed upon a far greater amount than their entire capital, upon an on lirely llctmoaa basis uf values, and upon property which In lact hud no existence. This clearly nuver was intended, and ine rule applicable to tnc construc tion of tho statute does not require such a strict inter pretation of liie law as will thus frustrate Its doslga and complicate the object ol Ibe law makers. TWEED'S PROPOSITION. Tbe preparation of tho schedule ol property which William M. Tweed Is going to ofTer to rostoro sa one portion of the compensation lor hia reloase la still In progress, and it is said that by tho middle of next week nil will bo in readiness for submission to tha At torney General lor consideration. One who saw the documeuis in Mr. Tweed's possession which relate to the King frnuds stated yesterday to the writer that they make when tied up a bundle largo as a copy ol Webster's big dictionary. Intimates el Mr. Tweed's assert that he is heartily disgusted with the apathetic conduct of hie old aasoeiates toward him sinco his re oaptnre. and that bo will macs no reservation In favor of any one when he comes to confess. Many of his old colleagues have conliilently and persistently declared that "the old uian" would never orlinlnate bis fi lends, and they referred 10 his lormer con duct and, Indeed, to hi* wltolo character, to snetain tbe opinion. Those in tne confidence of Mr. Tweed assort, however, that Dm un longer considers the persons referred to In *ho light of friends, but regards ihem with dtsliko if not posi tive hatred. He Is raid to have hoi e<i that tbo>-e who now occupy positions ol irtmt and power to which they were elevated through his corrupt Influences would, when tno popular indignation against him had died away, come lorward and exert themselves for the amelioration ol his condition. As ibey on the con trary abandoned him to his fate he tools that they have no claim upon his consideration, and he will now maxe a clean broast of tbe matter. When the proposition shall bo submitted by Mr. Townscnd next week there Is little doubt tuat It will be scoepted, since It will, II Tweed's friends speak truly, lullli every re quirement ot the prosecution, and ibe Indication* arc that impeachments and prosecutions ol public olttriala will engage the attention ol the oubllofor some time thereafter. THE LIQCOB MENS FERMENT. THB NEW BATTLE OE RRANDYWINB ? MEETING OF THE HUM COHORTS?AM AWKWARD DI | LEMMA. A meeting ol the Agiution Committee appointed May 27, 1470. at tlie Cooper Institute mass meeting of I liquor dealers, was held yesterday at tbe Gcrmanla I Assembly Kooma Tbe objoct was to lake action rela ! tivu to the receut deciaion of the Court oi Appeals, tltat I Excise Commissioners have uo power to grant licenses except to kee|>ers ol inns and hotels, and reudcring porsons who sell wines and liquors to be drunk on the premises wnhout u hotel or luukeeper's license liable to indictment. Major Scott Saner, who acted as chairman, staled ; that ns the law now stands dealers are liable to arrest and indictment noil to be sout to prison. A series of | reroiutionf wore udoptod ot which the following is the ' mainpoiui:? Ttiat owing to tbe derision of the Court of Appeals al lulled to we ?ru si :i l'i.? to uiidorsiHiui ?ur unit in the premises, and call upon the 'ioraruur and the LeuUlnliire ol the State to ml lev* us Irum uur unpleasant situ ation. and particularly ur*o upon tlie Legislature the pas sage of an act to remedy the evident omission made by our Inwmakers In the act ot C. It Townsend felt that the entire capital Invested In the business :n the city was ul the mercy ol the I'oliee Commissioners. A committee ought to be ap pointed to cooler with them. Mr. Cunninghitm believed that wholesale arrests to morrow wus wuuiod. He wauled public sympathy to cause a rcuctlon. The Excise Coniinissiouors, he de clared, are tbe violators ol tho law if any ouc is, lor tlicy had tnlceii nearly $6,000,000 troin the liquor deal ers lor licenses under false pretences. Major Saucr believed what wan most needed was the appointment of a committed to go to Albany ul once and secure relief. He thought It s good plan to leuvo the mutter to the Agitation committee. Mr. Abrens suld itiut ibo coiiiuiliioe should not ask lor any special distinction between tho liquor and beer sellers. He had never been in a lager beer saloon where they pay but gilt) license ilia' he could not get all the whiskey, wine and gin he wanted. Men who do not profess to keep a beer saloon ul all lake out these licenses. On motion of Mr. Cunnlnghnra It was declared that the liquor dealers are opposed to the proposition bo lore the Legislature to abolish the Excise Hoard and give tho matter into the caro of the 1'olicu Hoard, but It' the Hourd be abolished tho issue ol licensee should be placed under the control ot the Mayor, where It wua prior to 1857, A sub-committee of tho Agitation Committee was ordered to proceed to Albany on Monday, and tbe meeting adjourned subject to call of the Chair. MAYOR KLY AND TUB L1QUOK DKAI.BRft. A delegation ot liquor dealers, headed by Major Sauer, called upon Mayor Ely yesterday, lor the pur pose of soliciting his influence in the passage of n law by tbe present Legislature which will protect thcra In their rights In view ofthereeout decision of the Court ol Appeals as to Excise licenses. They set forth their grievances Dilutive to the peculiar condition tn which this decision has plucod over livo thousand por sons In tlie city ol New York at preseut engaged In tue liquor buitness. Mayor Ely promised them nil the assistance in hie power, and alluded to the necessity lor the tramedlata. passage ol u law to obviate the diiliculues complained ot. Ibo delegation loft lor Albany last evening. THK WAH I.N nUOOKtiVX. Captain Oliver Cotter, cniei ugent of the Temper ance Broinerhood of Cnristian Churones, has handed a communication to tbe Board of Police and Excise Commissioners ol Brooklyn, calling tho attention ot that body to the deolsion ol the Court of Appeals, in the caso ol the People against Smith, which states that nono bnt hotels, inns or taverns can obtain a li cense to sell liquors and wince to be so,a und drunk on me premises. Tho Capluln asks that the law be lully carried out, ns there are 1.600 liquor saloons, Ille gally licensed In Brooklyn, selling liquors and wines. The temperance advocates demand that no liquors shall be soiil over the bar of lager beer saloons. DANGERS OF THE DEEP. PROVIDENTIAL BEBCUK OP A 8HIPWRBCKED CBKW?GRATITUDE OP AN OLD TAB. Tbe steamship San Salvador, Captain Nickerson, ar rived at this port yesterday morning lrom Savannah, having on board tho captain and crew ot tbe sohooner Iona. ol Brewer, lie., which vessel was drivon ashore near Capo Haiteras during the lerrttlc gale on tho night ol the 8th und 9th met. The Iona was from Kockport, Mo., bound to Jacksonville, Kla., under command of Captutu O.-F. Coombs, Jr., with a cargo of Ice, having on board a crew ol Ave persons, includ ing the captain, who were fallou in with In an open boat about twenty miles north of Hutteras. Tho oir cumitancos attending tho disaster end tbe almost mi raculous rescue of the shipwrecked crew by the San Salvador may be gleaned Iroui tho statements given below STATKMkXT OP CAPTAIN COOMBS, OP TUB IONA. On the night ot the Hth Inst, wo made Caps Haticras light, about six miles off, the wind at the time north east, hauling suddenly to the oast and blowing a gale. Alter seeing we could not lotoh by tho shoal outside the light wo wore round and hung to the northeast The wind Increasing 1 put the vessel under double reeled sails. At oue A. M. (?th), the Jtb was carried away; at lour the foresail was carried off. We were thcu about teu fathoms, with a gradual decrease, showing that we were slowly shoaling. At half past six A. M. we made the breakers and stern drifting toward ibeiu at the rale ol about two and a half miles p< r hour, tho breakers tben being about three miles off, the sea breaking on the shore masthead high, lie licvlng it would be suicidal to attempt to run uu shore, at hsU-pasl seven 1 took to the boat with all hands, having secured food and water belore ubaudouing the vessel. Once In tho boat we did notmako landward lor tear of being swamped, and pulled to een iu the hope ol (ailing to with some passing steamer. At two P. M. wo lost sight ol the schooner and supposed her masts had gone as we w<-re about three miles from where sho was when we lost sight of her. Wo continued struggling against the sea, which ran as high as your house tops. At four o'clock P. M. the someday wo were fortunate enough to bo fallon In with by tho steamship dan Salvador, having boon in the open boat about nine hours. With considerable difficulty, lor tho sea was still very high and rough, we wore takoit on board the s:cntner by moans of ropes attached to our bodies and hauled over the stern. Cap lain Nickeraou has ireatod us very handsomely. "Neither the Captain nor his mate" (Mr. H. C. Daggett), said tho old tar, feelingly, "CnuUt have treated their owu brothers better than they have me. You can't say anything that's loo good tor thom. Tho Capiat* said lu me wtinu l camo on board, "Caplatu said h\ "tuts Is my ship; anything you waut ask lor; mako yourself as much at homo as you've a mind to " Ho gnvo mo a good stautroum and whs every way Kind. 1 want to thank him with all my heart for his kindness. First Officer Haggott. ol tho dun Salvador, says that tho rescue ot Captain Coomlts and bis men was most providential. If they bad been out in tbeir boat a tew hours longer nothing lu the world could have saved them from being swallowed up. TIIK I.IIST SCHOONKIl. Tho lona was lliu tons burden, built In 18AT, valued at altout |6,000, and whs uninsured. Sbe was owned principally by Zenas I,a wry, ol Hrnwer, Me., the oap tain hiring uu interest In ner. The following la a list ol lior crew:?O. F. Coombs, muster; M. I*. Parker, male; F. F. Moody, cook; H. P. Adams, W. P. Coombs, seainen. The captain loft for Uostou last evening. The crew have aiready reshippcd here tor various ports. THE SCANLON TBAGEDY. The prisoners arreated on suspicion of being Impli cated In the murder ol Cornelius Scaulon, late ol No. 41 Mulberry street, were again brought to tho Tombs Police Court yesterday, and the examination con tinued. Douituoo Ousrdoni testified that he bad not beard any disturbance in dcaolon'e room on the night of the murder. Frauclsco Peppo gave similar testimony. Altor a protracted heurlng, In which no new develop ment!, were made, Justice Kilhrcth discharged the three Italians and Mm Catharine Fox and bold Eltxcbctb Fcaulon, tho wife of the niur dcrnd man. suspicion pointlug strongly to her. The child who was found In the barrel IB the yard of No. 41 Mulberry street who staled tliat be whs "Johnny .Scanion" and that his mother threw his lather out of tho window, proves, according to the police, to bo a grandson ol Mr. Fox and not the so a of Mrs. Scanion. They uko bis subsequent statement, therelore, with much allowance, accounting for It on the ground ol his lender years, being only a little over three veors of age, ana the ihci that he probably heard the people iu the yard talking about the murder. The prisoner, Mrs. Hoaulon, positively demos Unit she has any children. Coroner W oilman has placed in the ham Is of the po llen of the Fourteenth precinct subpmtiaa for Angelo Kvarou slid the others who were discharged by Jus tice Kilbruth. Toe inquest will toko place uu .-huur day. when the woman now detained in the Tenths wli! be present. The Jury will lirst go to the Four teenth precinct and then to the premises lu Which tbs affair occurred. SPIRITUALIZING MATERIALS. Marjr Cole, a fortune teller, from Brooklyn, wee brought Into Jefferson Market Police Court yesterday nt tho instance ol Km ran Willlama, a colored wotnao, resid ing at No. 218 Woostor street. Kmina said that last Au gust the prisoner, wbo has the appearance of a gypsy, camo to tier boose wbllo slio (Ktnma) eras In groat trouble because her husband bad deserted her. Mary Cole told ber that sho was a fortuno teller and that she would bring her busbanu back If ber bend was croseod with cold, silver and $2 60 la monoy. Km mi gave Mary a silver watch, a gold ring and $'i 60, in all of the value ot $20. Her husband did not return, neither was tho winch and ring returned uy Mary Cole. On this complaint the prisoner waa lined $10, and required to givo bonds lu $1,000 to keep the pence lor si* months Juet ne Mary Cole was leaving the court room with en otttocr another colored woman, named Martha Clsvton, stepped up and esbl she wanted to msks a charge against tlie prisoner, She wanted to know some lucky numbere, and M*r; ?oia nar that It wn* necessary (or bor to b* irlt alone in tbe room. Martha did If ire the prisoner a.'ono in her room, and when .-.he oatne back tbo for tune tailor wm gone, aud so wai a lot ol Jewelry which was Id Martha's trunk. (Jo Una cburgo Mary Cola was committed In $609 b?tt to anawer at General 3e* MARRIAGES AND DEATHS. MARRIED. Chacdon?Hawkins.?April 11, at tbo residence of the bride'* pireuis, by Her. Or. R. P. Cutler, in the presence oi Joseph C. Tr?fv, Peruvian Consul, and Charles It. Flint. Chilian Consul, Auoi.ro lhaluon, of l-iut i, Peru, to Miss Many Ktoknii Hawkins, daughter ot II. li. Hawkins, ol thi*oliy. IJiiiiilk?Parish.?On Wednesday, April 11, at Pouj-hkeepsio, by Rev. J. Klinondorf. I). 1>., Ukorgb W. I mini.t, ol lrvingiou on Hudsoii, to Si'sis H. Pakish. No cards. Ciiat? Grkkn.?At the residence of the brlde'a brother, on Wednesday, April 11, by the Rar. George P. Noble, oi Maiden, N. Y.. It Morrison Cray to Iua nit. only daughter ot Wiliiaui K. Green, Esq., all ot Brooklyn. Haniltoh? Wkllk.?At Sing Sing, ou tbe Hudson, Wednesday, April II, at tlio residence of tho bride's mother, by the Rev. G. W. Kvrgueson. Sohdylbm Ham ilton, Jr.. ol tbia city, to Qbktbvok Van Cortlanpt. onlv dauchter ol Mrs". Ann e Van Rensselaer Wells and the late Judge Alexander Wells, ol Calilornla, I.aighton ? Gkkow.?- On Wednesday. April 11, at the residence of the bride's mother, H.iwthorue, N. J., by the Rev. A. H. Partridge, ol Hrooklyu, E. D., ciiarlbs Francis Laiglton to Kimanor Richardson Gkkow. Moors?Goddard.?At Bergen Point, N. J., 11th ln?i., by Rev. U. H. Walsb, I>. D., Gkokob F. Mookb to Paulink M., daughter of the lato Rev. Kingston Goddard, D. D. No cards. Uosion, Philadelphia and CinolnnnM papers ploaaa copy. Slotk?Buxck.?On Wednesday, January 10, 1877, by tbe Rev. C. L. narrower, Eimiau A. Slots to Ettii Blanck, both of this city. Strykmr?Bahtlktt.? On Wednesday, April 11, by Rev. Wm. Adams, Dr. Samukl Stanhofk Strykkk, ot PbilndclphiH, to Miss Graor Mkooka Bahtlktt, of this city. Mwinton?Cornkll.?At Sotnervllle, N. J., April 11, 1877, htr Rev. -Samuel Parry, William J. Swinton, II. H., to Miss Phikhs M. B. Cornkll, daughter of the lata Rev. Frederick K. Cornell, D. li. Williams?Kimio.?On Wednesday, April 11, at tbe rosidencc ol the brido'a mother, Harlem, N. Y., by Rov. W. W. Bowdish, 3. Shkkwood Williams and Annir C. Hugo. No cards. Wilky?Blackwkll.?In Astoria, L. I., at tbe resi dence ol the bride's mother, by the Rev. R. W. Harris, D. I)., William C. Wilky, ot Astoria, to Gkrtkfiis, youngest daughter ol the late Joslah Blackwoll, Esq., of Astoria, L. 1. DIED. Ackxk.?On Wodnesday, April 11, after a lingering Illness, .Samukl S. Aukkh, In the 69th year of hit ago. Tbe rolativos and friends ol the family and also Polar Star l-odge, No. 246, F. and A. M., aud the Tammany Society urc respectfully invuod to atiend tbe funeral, ou Sunday. April 16, nt one P. M., from the Second Slroet Methodist Episcopal Church, betweon avs. 0 and 11. Baknkh.- On tho 12th Inst., of consumption, Ed ward U. Baknbh. Notice ol funeral In Sunday's Herald. Bkcrtkii. ?On Wednesday, 11th Inst., Wunriun, age 44, wile of Francis Becbter. There will be a solemn mass ot rcqniem In St. Ga briel's Church, this morning, at Tiall-past nine A. M., ufter which the remains will he taken to CHlrary Cem etery for Inleriuout. Relatives and friends arc re spectfully requested to attend without further notice. Hrvkrly.? At Moutolair, N. J., on Thursday morn ing, Sarah Bulls, tnlnnt daughter of George W. and Sarah 1*. Beverly. Booth.?On Thursday afternoon, April 12, 1877, William 1). Booth, aged 64. The relatives aud Irieuds aro invited to attend his funeral, from his late residence, 100 West 48th St., on Saturday, tbe 14th Inst., at eleven A. M. The remelna will bo taken to Bridgeport, Conn., for Interment. Brinckkkiiopf. ?-On Wednesday, April 11, Andrrw B. Hhinckkkiioff, In the 68d year ol his age. Relatives and friends of tho tumlly are respectfully Invited to ntieud tho funeral Bervices, from his lata residence, No. 66 East 784h at., on Satnrday, 14tb Inst., at one o'clock P. M. Brooks.?At bis lather's residence, In Jonesvllle, Saratoga county, on Saturday, April 7, Aaron Brooks, Jr., lormerly ol this city, ngod 30 years. Cask ?Ou Tuesday, April 10, 1877, alter a long and palnlul Illness, Gbokor Cask in the 04th year of hia age. Rolatlves and friends arc respectfully Invited ta attend the luneral Iroui hts late rostdenco. No. 438 W>-st filst st., this (Friday) afternoon, at ono without lurtber notice. Din.nky.?On Thursday, April 12, Hmnkt Oirmmx, in the tiOth year of hts ago, after a long and partntal ill nesa. Notice of funeral to-morrow. Halkx.?On Wednesday, April 11, 1877, alter a loo* and palnlul llluesa, Thomas Halm, la tbo 70tb rear ol his age. Relatives and friends are respectfully invited to at tend the funeral, from bis late residence, 308 Marcy av., Brooklyn, at two o'clock. Hath aw at. ?At her resldenoe. No. 34 Watts St., ilttls 1.11.1.1ft. daughter of Hur.ld 0. and Louisa llatha way, age 6 years. Relatives and friends are respectfully Invited to at tend the funeral, Sunday, April 16, at one o'oiock, at No. 24 Watts st. Also members of Gerard Lodge, No. 831. K. and A. M. fraternity, invited. Hinkt.?At her late residence, 29 Bast 86th St., Mary A. Hrnrt, aged 77 years. Notice or tnnoral hereafter. liir.MKp.K.?In Brooklyn, on Wednesday evening. April 11, after a lingering illness, Nanct, beloved daughter ol John and Bliaabeth Blinker, aged 4 years, V months, 14 days. Relatives and Irlenda are rosneotfalty Invited to at tend the iuncral, at No. 801 Greene av., on Friday, at throe o'clock 1'. M. Km.ijj?osa.?On Thursday. April 12, at his resldeaoe. No. 4 Uhlon square, Samckl Kklximorr. Kotloe of funeral hereafter. Kbi.lt.? On Thursday, April 12, 1877, B causa, In. faut son of Martin and Mary R Kslly, grandson of Kllen Hogan, aged 1 year and 22 days. Relatives and friends are leepectfully invited to at tend the funeral. Irom his parents'residence, 136th St., Mott Haven, on Friday, April 13, at ftne ocloak. Krkxs.?At bis residence, 216 Bast 69th si, John Krrss, aged 62 years. His roiutlvcs and Inends aro respeclfnlly Invited to attend ibe luneral, ou Sunday, at oue P. M. Nrwton.?At bis Ists resldonoe, 63 Woet 17th St., Sasuki. F. Nrwton, in the 35th year of-b is age. Relallvoe and Iriends tire respectfully Invited to aw tend tbe funeral, at I-nke Grove, I-ong Island, on Sat urday, April 14. Train leaves Banter's Point 8 A. M. Nicholson.? On Wednesday, April 11, insk, at 1,9*6 3d av., city, Jsnnis, wife of W. C. Nicholson, aged 86 years. Nohlk.?On Wednesday, April 11, at Nyack, on tbo Hudson, Kuiiu Nobi.k, in the 81st year of bis age Ttio relatives and Iriends are respectfully Invited to attend ms (uueral, Irom the resldenoe of hla son, William K. Noblo, 288 West 4th sb, on Friday, April 13, at two P. M. Nuxkknkami'.?On Wednesday, 11th Inst., at his residence. No. 178 av. A, Christian L. Ndnnhnkamf, la tbo 6dlb year ol bis ago. Relatives and friends of the family are invited to attend ibe Itinera!, on Friday, 13tn Inst., from Sk Mark's Church, 6th sk, between 1st and 2davs.,at oue o'olook P. M. O'Brik.m.?Anoiibw O'Rribn, April 11, 1877, a native of inc parish of Grannard Trobbor, county Longford, Ireland, aged 61 years. Nonce ol iuncral hereafter. Olivnk.?April 10, alter a short illness, of pnem moms, K 1.1KAI1 kth, widow ol the late James Oliver. Foueral from hor late residence, 331 Eaat-21st sk, al buIf-past ulne, Kriday. tbe 13th. Pattkrso.x.? On Wednesday, Apnl 11, Aknii, wlft of Tbomas Patterson, In the 28th year of her age. Funeral Irom her late residence, No. 184 Bast 73d sk, on .Sntnrday at two o'clock. I'attrumon.?On Wednesday, April 11, Mart, wife of John Patterson, In the 59ili year or her age. Funeral from her late realucnoe, 269 Colombia sk, Brooklyn, ou Saturday, April 14, st two o'clock 1*. M. Pot.HAMra.?At Weeictiostor, April 10, John Poi# Hint's, lu the 66tb year of bis age. Funeral services at tbe Chnreh of tho Divine Pa ternity, corner Ath ay. and 46th sk, on Kriday, Apr! 13, at half-past ten A. M. Relatives aud trlends aro re spectfully invited to attend. 1'ottkr.?On Tuosday. April 10, at bis lata residonco. No. ?3 Weal 24th sk, Fudhrice A. 1'ottrr, aged 69 years Relative* and friends sro respectfully invited to at torn! the luneral this (Friday) morning at the Church ol ibe lloly Communion, 6th nr., corner 20th st., at eleven o'clock. Remains to be taken to Staten Island lor :n-< rmenk Qi-ick. ?\l Brooklyn, suddonly, April 10, Captain John Quick. In the 80th year of bis ngo. l'lie funeral will take plans Irom bis late resldoncs^ 123 Botler sk, at ton o'clock tbis (Kriday) morning. All relatives and friends are reapectiully invited to at tend. Qt !N*.-On Wednesday, April 11, Ji-i.ia Thkrrsa QitsN, youngest daughter of Charles A. and Bridge) Qtilnn. Hylaiivet and Iriends of tbo family ore respect lull) itiviicd to stieud the funeral, Irnin tbe parents' ro-i. dence. 197 South 6th av.. April 13. 8aai.i:v.?I'n Wednesday, 11th Inst., of conge-tlos ol tbe lungs, I'ai'I.ink T., Wile ol Nathan Xeelsv, and youngest daughter ol 1*. T. Ilsrnum, aged 31 years. Relatives and Iriends ol Ilia family arc Invited to attenu her inneral, Irom her late residence, 482 Lex ington av., on Paturday morning, 1 -itti insk, at oleven o'clook. Her remains will be taken to Bridgeport, Conn., lor interment, on the one o'clock train. smith.?On Wednesday, 11th tnsk, Hknrt Smith, aged 86 years, a native of Currlgallou parish, county Leiirtm, Ireland. Relatives and friends are respectfully invited to at tend tne funeral this day, al two 1'. M., Irom his lata residence, 189 Blixubeth st. Srrino. ? In Brooklyn, ou Wednesday, 11th losk, afier a lingering Illness. Ki.ixarrtii Ski.mv SrRiNO, be loved wile ol Frederick Hpring. Funeral private Wai.kkr.-Ai Morrmiown, N. J., April 12, 1877, Luct, daughter of Thomas George aud Louise J. Walker, aged 3 veara W KRiiKN.?On Wednesday, April 11, J an* Ann, Wlls ol Charles M. Warden. Funeral on .Saturday, 14th insk, at two P. M., Irom the residence ol her mother, Mrs. James Murphy, 123 Wnrhurion av., Yonkers, g, Y. Frionds ol the lanillv, also brethren ol Cepesiono Lodgo, F. and A. M., Cope stone Chapter, R A. M., are cordially Invited to at tend. Take 1 P. M. train Irom 30th st. Wood.?On the 11th of April, of pneumonia, Jamks Glksklvin Woon, eldest son of tbe late Isaac V. Wood, aged 8k Relatives and Irlonds are respnctfolly invited to at tend tha funeral, Irotn tbe residence of hie brother in law, S. P. rtiiter, 107 West tOth Sk, New York, on k Saturdsy, April 16, at oat o'olvolk