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The New York herald. [volume] (New York [N.Y.]) 1840-1920, April 13, 1877, Image 8

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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

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