The New York herald. [volume] (New York [N.Y.]) 1840-1920, May 05, 1877, Image 8

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The New York herald. [volume], May 05, 1877, Page 8, Image 8
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The New York herald. [volume] (New York [N.Y.]), 05 May 1877. Chronicling America: Historic American Newspapers. Lib. of Congress. <https://chroniclingamerica.loc.gov/lccn/sn83030313/1877-05-05/ed-1/seq-8/>

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THE COURTS.
Throwing Guards Around William
A. Virtue's Estate.
IMPORTANT DECISION DY JIM BARRETT.
Powers of Insurance Agents to
Bind Their Principal.
WILL OF A CHARITABLE lADY.
Kecantly there appeared exclusively In tbe Hkiulo
a report ol a aull brought by tbe administrator* of ttie
?slate ol W iIImm A. Virluo lo set aside devils ot prop,
?rly la which Helen S. Bellow, Augustus Funk, August
Funk, Marie Funic and George ami Michael Calfo are
alloyed lo have an interest. In their complaint me
administrators?Unmet Lord and others?charge that
the decu? uud leasee referred to were obtained Ironi
the deceased without consideration and by tho exorcise
ol undue influence over him by the defendant Helen
S. Ik-How especially. A temporary injunction was ob
tamed Irom the Supreme Court restraining the delcad
ants Irom assigning away the deeds and leases in ques
tion and also from prosecuting ccrtain suns In otiier
couria to enforce claims against the estate alleged to
be without foundation or consideration. On a notice
to show cause why tins injunction should not be con
tiuued until the termination ol the suit brought
fey the administrator* tho defendants ap
peared in Supreme Court, Chambers, before
Judge Barren, submitted aflluavu* denying
the allegations ot the complaint In relation
to the exercise of undue influence on mo part of thu
defendant*, or auy ot ihem, in obtaining the convey, i
uncos and leases involved in the action and denying
generally aud specifically all the equities ol the plain
tills' cuse. Ou these ovntlicuug alhdavtts on both
?Ides argument was heard at Uio last term of Hie
court, plaintiff* iuslsllng mat tho facta authorized the
continuance ol the temporary injunction and mo de
fendant* that it should i>o dissolved. Judge Barrett
took the matter under consideration and yesterday
rendcicd a decision in favor of tho administrators ol
th'i estate. In his writton opinion lo the case he
sags:?"A curelul perusal of all the papers (Including
the deposition ol Miss Bel lew lu the Surrogate's
Court, which 13 far Irom satisfactory) leads me to the
conclusion that a prima lacie case is made out and
that pluiu tills would have been derelict in their duty if
tiiev had not lifed the bill. The mere statement ol the
transactions is suflicieut to justify the institution ol
judicial inquiry, it is not n caso for the summary dis
solution 01 tho injunction upon u denial of me
equities. Nor is the cause to be tried upon affidavits,
but upon tho examination ol the parties aud tho wit
nesses. There is enough, besides what Is slated U]>on
Information and belief, lo warrant Ihe continuance ol
tho lujiiuciion lu so peculiar a cuse uutil tho hearing. "
The Judge alBo concludes to eujuin the defendants
Irom prosecuting tbe action* winch they have insti
tuted iu other courts, but makes it a conditiou that so
Curliy be given to secure Iho-o oi the defendants who
are prosecuting common luw actions in relatiou to the
matters in controversy against prejudico to anv rights
they may llniilly be ablo lo show ihey possess, and
covering tho lull amount of their claims, witb interest
aud cost*. He further directs that tbe plaiutifls In thin
suit, il required by defendants, shall conseut lo the
framing ol issues and tho trial ol the same before a
jury wuhln a staled period. Plaintitls must also fur
nish a lurtner undertaking to Mi.is Mellow iu the sum
of * J oou uud to Mrs. Funk in the sum of $&00 to
aecuro them against any damage tboy may sustain by
reason ol tho continuance ol the injunction.
HIS CLAIM liE MAINS.
About a year ago some machinery waa destroyed by
On in Morrisania, ou which a man named Bennott bad
Insuranco with iho Germania Insurance Company, of
Newark, to tho extent of $1,000. Ho made a claim of
loss by tbe flro lo the extent of $800, and while ibo
company was making tho usual investigation as to the
origin and extent of the fire loformatlou came to
thein to tho effect that an incendiary bad been at worK
In the matter. Tbo result was the couviction of arson
ol a young man who bad been employed by Beunett
and.tUe disappearance for purls uuknown oi Bennett
? liusoll. But, though Bonueit liud gone, his claim
?eeius to have remained, as, soon atier bis departure
a suit wua cuuimeuced against thu company to recover
$b00, by Morris Taskor, the plaintIIIclaiming under au
assignment lro:u Bennett. The suit waa vuuiuiuucod
In mo Supremo Court, In this city, tho summons
being served ou Ihe general ugent of tho company
Iiuio. Judgment wua taken in default of un
answer, and yesterday, in Supreme Court, Chambers
baiore Judge 1 >01100ue, Messrs. Brown A; Itabc, counsel
tor the cotcpauy, appeared and uioved to have the '
judgment set asido as boing irregular. Tho ground ol
this claim of irregularity was tlial tbo summons in tno
caso had not been served ou an ageut ol tbe company
?wbo, by its oertilicate fliod in the olllco ol mo Secro- I
tary ol Siato at Albany, had boon designated as an
ageut on whom papers designed lor Hie company
luigfit be aervetl. Sucb designation, counsel claimed
wns provided lor by statuto, aud service ?'n any olhor
or uuautnorized agent was void, aud tbe Judgment
based on such service was void also. The motion was
opposed by Mr. Lewis Johuson, counsel for the plain
til!, mil Judge Donohue took tbe papers, reserving his
decision. Iho foregoing slain of facts aro obtained
Irom nit; moving papers In the case, and on tho part or
the company 11 was stated ly counsel additionally
that th? dole nee would bo thai the promises bad been
act ou lire.
DEAD SEA FRUIT.
Mrs. Maria Hobby died lu Fobruury last, leaving on
(state and property estimated at about $l'*o,ooo. By
?er will, executed in 1*04, she left several charitable and
tenevolent bequests. Among thoso waa a bequest to
iho Now York Hospital ol $.1,000, to tho Deaf and
ftumb Asylum, Blind Asylum, Society lor tho Itotorm
ttion ol Colored Orphans, Homo lor tbo Friendless, !
Nursery and Child's Hospital and tho Womeu's Hospi- I
lal, ?1,000 each, uud $.'.,OUO lo the Swarthmoro College :
ol Foousylvama. After leaving a number ol bequests
to relatives, servants aud Inends, she bequeaths tho
residue of lier estate, aniouniiug to about ooe-tbird, to '
bo equally divided between her executors, William Un- j
dernill and William 11. Ouderdouk una tho Society of
jf rieud?, iu Kadi t ifiecuiU street .Subsequent to hi?
date ol the execution of tho will, howover, Mr. I nder
bill, tbe executor named in it, died, and llierualler ?
later in 1872 M rs. Hobby made a codicil to me will
naming Mr. Kibertlt. \V nleis as her exi cuior 111 pIsco
al Mi. I nderbili. at the *ame time bequeathing to fum
the share ot tbe estate Intended for Mr. Underbill.
Ihe cinldren ol Underbill?William, Khz* uud fcllen
1 nderhill, and Caroline Light?now contest tbe will on
the ground that tlio testatrix was unduly influenced by
Mr. \\ 1 no is to substitute him as legatee In placo 01
yioir deceased lather. The caso came on forbearing
yesterday 111 lb>- .">ur/og.iie's Court. Tbo parties to tho
luu were present, uud alter tbe subscribing witnesses
to the will mid codicil had proved tho execution ol tno
same, Mr. VV'iilois, ono ol the executors, was culled to
the stand, lie was examined by counsel lor ihi* con
testants, and lestmed that ihe ineuiorauJu ou which
Iho codicil was framed hud boen dictated lo linn by
the tes.atrix ol her o*u free will, while in apparently
Sound mind. Tho further heariug in tbo case was
adjourned. Ihe deceased, Mr.s. Hobby, wa? a slslcr ol
thu late 1 ir. Valentine Molt.
STREET OPENINGS.
Property owner* whom it may concern will bo In
terested to know that iho continuation of the reports
lu aeverai struct opening ca-.cs, wincli was to have
tukeu place lit Supremo Court, Chamber*, bolore Judgo
Doiiolmc, yesterday, ha* been adjourned over. The
reports uro thoso lor the opening ol ISOth street, Iroiu
Kingabridgu road to Klevulith uveuuo, l&7tii street,
Irom tl.u public drive to Klevenlti avenue; 168th
street, Irom hLingsiirdj* road to Klevuntli avenuu,
Dint laVtii street, irom the pontic urivu to Kieveiuu
? vi'uui', all ol which iiavo been adjourned over to Iho
Dili lust. Also tlio opening of until street, Irom
Eighth uvenuu to the ilurlum KiVer, which has beeu
adjourned to ttiu laih mat.
ISABELLA ANL> THE CHAIli.
The Adjustable Folding Chair Company vs. Mark* ?
lu the ui?? ol tbu Hunk of Havana v*. Uageo (2?j N. V.
? It., p. IUj.'j) Uie Court of Appeal* heid that tbo proie
cutlou ol it kuit by all individual banker In a uamu 1111
porting a corporate character under which ho carried on
business was merely a lormal error, amendable lu the
courts ol original jurisdiction, and to bo disregarded
by llie Appcllato Court, Judgo Homo in that caau
?u\s iIn: duty ot the Court when tho objection*
were taken was to order tho pleading* to l>u amouded.
li was authorized not only to correct a mistake in Hie
iianie ol a party, but In any other respect, and tho
amendment which the case culled lor would lull witbm
sillier branch ol that provision ? i. section lia ol
the Code. I Iiavo no doubt, ultcr jHirubihg tue volu
minous paper* reud upon tins motion, an to my power
to author;*' the substitution ol tho iiurne ol Isabella
Wallace a* phiturfl lor the Adjustable, die., Company.
It Is tjulle apparent that tl.e deleudanta knew that
laubella tVaiiacs and the A dj A-table, lea, Company
Were tbo sumo. Their arrangement* wtro made w.in
her alone, and they knew when they onterod upon the
business'jI soiling tho tLinns that they received the
(nine from Isabella \Mllace. Ihu couiisnl lor the de
fendant* auggeat that to allow this amendment wilt
Vitiate the undertaking givou upou the granting ol
llie order ml arrest. 1 think that this objoc
||on cull be obviated by requiring tho suretio*
Vbo executed the original uiidortaKiag to ntipulato
lliat as a condition ol grunting tho amendment Un
original undertaking shall stand as II executed in tho
Ciwe of Hnhace against these defendants, and R* If so
?xeouted, or by requiring a new undertaking to i>o
?xecuted ou the part ol the plamtilT nunc pro tunc.
(M'-hinuer v* Gardner, How., :jsi; Hc.icb va. South
mvrib, 0 Hub., IT*-) On ittu menu X am ol tiie opltt
Ion that the order of arrest ought not to be discharged.
The notion lor leave to nmond the summon* ami
order u granted on the authority ol the case of ilio
Back o' Havana r?. Magee, supra, on the conditions
above cpeciUod aud on payment 6l coals to the
ilcloudanta, and the motion to vacate the order ol
arrest is deuiud, with $10 coats to the plaintiffs.
SUMMAKf OF LAW CASES.
John J. Neville has |HI?t a ??>' ?8a,n''1 ,be T
Avenue Railroad Company to recover damage. tor
Ulutf ejected Ironi one of delendant. cars, a
wrday obtained trom Chief Justice Daly an order to
examine Jane dtagg belore trial.
lUmon de Riva. y Lamar, a Cuban resident or this
city, died lately In ??? August.no, j"*1"*
estate valued at about *MO.OOO. By hU. tril, made ?
Baltimore on the 1st ot March last, he lett ?l,0W^
divided among tho floor Cuban ladies ol that city an
the rescue ol bla estate to his la mediate relatives an
irietida. The will was yesterday offered tor probate In
the Surrogate's Court tn tUH Olty. encaged In
The Untied StatosCrauu Jury are st S BaCCl.
thoir Investigations Into the ^aus
deut ai the Tout Oltlce Bulldlug. They wii con
court on Tuesday UJ
Ubors on the criminal casrtsubinltwu t Umu
April term. They will l ><? lal0 ussier,
L'^Sp^&Thmr'oi.iniou, thu responsibility |
wrUC^? 1-n.c y ????? ?"& ? VX
iKara
rwi^'to'the^flecj^aiMra^omp^np^j^erly
Judge granted au oidtr enjointug the
issrs. sou<???*?'
iijus m tho mutter. , veaieraav. a inotioa
la rw^',e,?? the corn
was made l>y SIr" ^ T'b u.b ,gainst Koehler, on the
plumt iu the case ol Ktrt b.w.u ' , u? tt ocrtniu
ground ibut thu pUinl.B .i J ' sbendan, ol the same
order bewtolOr* made by JU<J?? defendant,
court. Mr. 11 1Uu?uiuch as tho order
argued m "''iu uv udec Sheridan had not been eu
heretofore mailt b\ .'dug order to bo com
tered by the Oeie.^nt l.ere was no or l j^
plied with uutll H was tuitrcu, ^ submitted by
FcudTu tl would have been r?,{JV0^1?rllI^1order'0 Judge
sr.r? *? - "?
Street IUUroud aud Th? n( which
Company >a. Tho . u*hai.o, a motion was |
nave already appeared i? uciO|.0 judue Uouoduo, j
as srs-zsps*??rsta .s s'
Kourteentb street road. 1 COmplelou without
served.
decisions.
SCPEEM* COUItT?CHAMBERS.
n? Judge Donohue.
pnrdv vs. Conner.?Motions denied.
??McVey vs. Cantreil; Tad do ken vb. Cantrell; matter
Contastablos vs. dovaus.?-order granted.
By Presiding Judge Davis.
Bates vs. Cuuuituiham.?Order^rante
K?u fcs-M0U.n denied, with
0UUry2n'v?. I'aoll Belt Company?Motion denied, with j
$ Bry?au\?. i'aoll Belt Company.-THU decision wa.
COn?'?h?mauerlo"llaUavHi to vacate assessment-Thi.
was not a case ot repaying within lhc
?? i?Ti it wum tiu- t>av:ng tor tne urst time oi
^h?i was uratlcaUy a new atreet, the resetting of the
? i nvomniiL i?eiu" but a neccHsury luoidont thereto,
old paveraon btlnjf / jlh lh(J nican.
HiU,lo?fV?ha word as med ia the act the motion to
lUfcoftb smenl Bhould still bo deniou. There
i ?iihJtautia: It not a literal compliance with tho
petition ot property owner.,
i k i x?Li t ion was signed by ihe applicant ti. in sell.
Then as to the contract beiug given out without nubile
I u.nS it was '?oiborwiso ordered by a Vole ol tUreo
Y JSfJi .I,,, intvlibera elected to tho Common C??un
iiiU"bThit ls, dSmn waH vested ... tUoOonim.^
2 Lor There being no subMantml irregularity and no
? Sua bavius been "proved the motion must bo den.ed.
ljy Judiie Lawrence.
Sie.U vs. Green; Morau vs. Watkins.?Orders
''Summing va. New York Comont Company and
Memorandum for counsel.
Huorstal vs. Tor.ey, Ate.?Ttie motion lor an injuuc
tlon IS k'r.aitod; tho motion lor the appointment ol a
^f'ruu'hca "va Bowou.?The report or the refereo
which ilio Court is asked to pais upou and euullrm ou
wniiuiiiw ilju pttpnrtl submitted, llie
paper' are therelore returned to the clerk In orderthat
'Sonoma ^i*C<fpp"n 'Even U the additional affl
dnv?f nrcscnted could bo received on the tnotlou w
Vtfrni the roDorio! the releree in this cjibo. winch Is
very doubtful, tno provisions ol chapter 133 otI the
I uws ol 18tiU, sections 1 ami A have not been oomplt -d
wuh. as counsel will readily see by an exa.n.n.t.on ol
ra^'lf'ucu Cum pan y; Bryan vs. Same -
UoHon to remove receiver beretolore appolDied is de
niod witli costs ot motion. 1 do not leel helmed at
nr??nt to direct tho sale of any of the property of the
^ nxct-Dl the bad debts. When they havo
been'sold such further application as may bo necessary
^Br^vu'and'oih^s^VH^Towiiscnd Savings Bank.?-The
^ Ve rier' aplilnlid by the courts ol Con
met'cut made no claim to the properly attached, and
h ^ |
no right io doc.do on a motion that they should not
1 uve been made delendants. Tturd-Thc ph int.n h
Lmdaviw discloalng a prima ucio case lor the issuing
ol au aitacliineiit, the Court will not, on a motion and
on ntlldavile pa."8 upon the nierits ol the cusc.
Losce va* Norfolk anu Petersburg Ha.lroad com
, 'v ?Tho p'olnHlffl counnel objects, umontf oilier
nfnuers that tAtro Is no proper proot before the
{' ?un oi ihe a.jl.utraont ol Mr. l'cr^ins as roceiver,
nor is to the terms or conditions upou which tiie con
irurK,i7r?:r."i,r
'CSix ^'i^rwsr, as
6 nit on and uy the record that tho witness is a
iboptaiuiillto' luin u| t(ie powor ol
iff.^ourt to 1 nterveno and take pos.ess.on ot the
land " express no opmton, but as the case stands the
examination must proceed.
BDPlUtllZ COllirr--HPECIAL T?ltM.
Hy Judge Viiu Vorst
Lynea, Ate., vh. Brand er, Jr., ami others.?Judgment
(or plaiiuiir. t>uo lueiuormiuuui.
bUl'KIUOIt COL'IiT?bl'KCIAL UXlilL
liv J udgo Sun lord
Loo ot aL v*. Henrlquea; Lester va. New York
En unci 1'alul Company; K<'tis?oll vs. The fit. Nicholas
insurance Compuuy ci al?Motions denied, Willi *10
CMllk
Stur/iH vs. Koran et al.?Motion to continue Injunc
tion pendente lite uruieu, with $10rostr.
lien*ei el ul. Vs. Uray.?Case and exception* settled
and ordered on Inc.
liusaet vh. ilenriqnng.?Motion granted.
CaiiKt v*. Conner, Aic.-C.in* seuied; iourth amend- I
moui allowed.
Buyer ot at. vs. Kettlg.?Order granted and undertake
in.-,' approved.
Koussell va. St. Nicholas Insurance Company.?Or
der denying motion tor a new irial.
Am.tin va. Conner.- Under Hie rulo laid down In
Muyiiu VH. Roiieruon (:'?i Now York Hup*nor Court,
I .Vi) but one bill ol oohio can bo tuxed lu lavor ol du
: leiiUMMtit; a rcbixuuoii is thorcloro ordered of* siuglo
bill.
smith vs. C'antrelL?Motion denied us far as ordor
direct wg discharge ol lien is coucerucU. (Memoran
dum.)
MAIUNJ: COURT?CUAHBKItS,
ily Judge .Mlnnott.
Murray va. Lutby.?Motion lor resettlement of order
denied.
Curry v?. Farley.?Motion granted, stay vacutcd;
no corns.
Andornon va. Durey; Cocnur VS. Smith.? Motions
granted. ?
Lullrrin vs. Nathan.?Motion to vacate order oi ur
i rem dented, but taosu set down lor trial.
Renter v# (Jriawold.?Judgment lor plaintiff.
The Now Vork Lithographing und Engraving Com
pany vs. Hyde.- Attachment vacated.
l'orstit vn. WetNiiinn; Koset va. Eggleston; The
Market National lliink v*. I'r:?cy; Myer.- v?. liunmun;
Aodievvc va Andrews; Kturhardi va. Hod^wick;
i'ostley vs. Ilcrtn, O'Coimull vv. Badger; Keilly vs.
Dump; liaiicr va Magratau; Otilroy v.?. Huoer; Hop.
kins vt. Kinkier; Woodruii vs. tfpragtte; Maiiby vh.
Coltey; 1'alnier v.* lioutiy; Vubtr v?. Houbuu; (lillott
vs. linmaiio; Kpplur vs. Isuclt; ainiiii vs. Hupelyva.?
Orders granted.
GENERAL SESSIONS?PART 2.
Belore Jud^.n Ulldersleeve.
PI-XA8 AND Hl.NTl.NCK-j.
Edward J. Lynch, ot No. 200 East Twonty-elgbth
?treui, eutered the rootiu of Patrick McNaiuara, No.
158 Rut Twenty-sixth afreet, oa the Mth of April, and
btole I wo roll* or carpel, wblob were subsequently
found lu hi* possession. Ho pleaded guilty and was
scut to the State Prison for two yoars and six uoulbr.
1 hotua* Lappiu aud Hugh Berlymati broku into the
otilce of Thomas Meagher, No. Ui Weal l'hirty second
street, and carried off Homo gas tlxlures. 'I Ley pleaded
guilty ami were sent to the State Prison each for the
terip of oigbteen months.
BROOKLYN DIVOBCB SUITS.
Suit has been commenced In tbe Brooklyn City
Court, before Judge Noilsou, by Rachel Adami. ol No.
81 Leonard street, E. D., against Jobn Adami, bcr
liuiband, for absolute dlvorco. Tlio defendant Is a
dancing maater. The cum plaint alleges crim
inal conduct on tbe part of tbe defendant, and
several pupils are mentioned as'partlclps crlmln:s.
In tbe Supreme Court, Kings county, Emma Whip
penhorst recently began suit for a limited dlvorco
against Charles A. Whippenborat, on the ground of
allotted incompatibility of temper. Yesterday counsel
tor plalnilfl tiled a discontinuance of the uctton with
the County Clerk.
Application was mudo in the Supreme Court, beforo
Justice Gilbert, yosterday, lor continuation of tbo re
port of the referee in tbe case of Elizabotb Klutsuiuu
against Chorlos it. Plossinau for ubsoluto divorce, on
the ground of udultery. The report was in favor of
tbo plaintiff. Tlio parties, wlio are respectably con
nected, reside lu South Brooklyn. Decision reserved.
H. I>. Birdsull was appointed referee by tbo Brook
lyn City Court, yesterday, in tbo action for limned
divorce brought by Cutberine Karciier against Fred
erick Karcher. Tbe parties, wito were inHrrlod lu
I8i3, have bad Ion cbildreu, lour ol whom uro living.
Tbo complainnnt alleges that unco l.NCU tbe deteud
n'ht's conduct toward her lias beuu uniformly brutal
The case will bo argued on Saturday next.
COUNTERFEITERS IN COURT. |
William Johuson ploaded guilty to passing countor- !
feu money, yesterday, boioro Justice Benedict, of tlio
Uulted Slates Circuit Court, In Brooklyn, and was re
maudud for sentonce. %
Charles Smith also pleaded guilty to passing counter
feit ilfty cent pieces, before tlio sumo J ustloe, au.l was
sentenced to do hard labor !u tho Kings County Peni
teutlary for three years and to pay a lino of #1.
Henry A. Bortone was sentenced lo iho Henlton
tlary for nino months aud to pay a flue of $100 lor
bavins unstamped cigars in his possession.
?folin M. liroint, arrested lor a similar oflence, was
sent to the Penitentiary lor the same period.
George Williams pleaded noi guilty to tbe charge of
passing counterfeit tiny cent pieces and was remanded
lor trial until tho first Wednesday In Juuo.
IS IT A CONSPIRACY?
Edward Perry Valentine was before Justice S emler,
in llrooklyo, yesterday, to auswor to the charge of
having shot William Larkin lu the leg ou the night of
Now Year's day. Valentine, who Is very respectably
connected, wai also arrested about six weeks since on
tbe complaint of his two sisters-in-law, Mary and
Annlo Mace, both young girls, who charged him with
assaulting.ibcin lu an Indecent manner. Valentino's
mother-in-law engineered the prosecution against him,
and he was finally Indicted by the Grand Jury. By
the interference of his father he was liberated from
Jail on bail. It is stated that Mrs. Mace becanio
very ungry when she heard ol Valentine's discharge,
and endeavored to havo him arrested ou unotner com
plaint, but fulled. The police hud not heard of the
shooting allray until 1.ark in eutered his complaint on
Thursday lust. When asked why h? hud not reported
it he said that alter he was snot he wont to the hospi
tal in Buslixvick avenue and hud been there ever since.
Valentine's Iricuds allege that the ulght the shooting
occurred l.arkin attempted to grab Valentine's
watch and chain. The latter, t hiuking Lark in In
tended stealing it. drew hi.- revolver, not to shoot, but
to Irigbtou l.urkm. While Valentine hud the revolver
pointed dowuward it accidentally went ufl aud the
bullet entered Larkin's leg. Tho injured man says he
does not know Mrs. Mace, but it Is alleged iiebus boon
in bcr house. Mr. Valcutine, Sr., states that he will
be able to prove that a vile conspiracy has been made
against bis sou.
CAUGHT ON THE FLY.
Frcdorlck Phllp, oi No. H03 islghtb avonue, In bis
father's absence yesterday, had occasion to go up
stairs. As he reached the second floor a man, with
some bundles under his arm, rushed past, l'hllp pur
sued tlio leliow along Klfiy-flrit street, Officer Hewitt,
ol the Twenty-second precinct, joining in tho cnase.
Tho muu ran up Tenth avenue and hid In a cellar in
the house No. 7G2 Tenth avenue, between Fifty-first
and Fllty-sccond streets. There were a number of
barrels ill the cellur, and, as the ottlcer followed, ho
could see nothing but tbe man's baud, which hold a
rovolver. He shouted to the chap to drop his arm or
he would Qro. Ibis the Inllow UlU and be was arrested.
The revolver was louud lo be loaded in each ol tta
chambers. Un tho person of the prisoner were found ,
skoleton keys uud a pair of pouts. He was arraigned
at the Fifty-seventh Street Conrt yestorday charged
with having stolen $:)0 worth of goodB He acknowl
edged taking one pair ol pants, but domed all the other
charges. Ho said he was a native ol Germany and at
present was living lu Graud street. Ho was bald in
<1,500.
A BRACE OF BURGLARS.
James Farrell, of No. 108 Washington street, and
Charles Williams, of Na 80 Wooster street, young
men about twenty-five years ol age, were cbargcd at
the Tombs l'ollce Court yesterday with attempting bur.
glary. They were discovered about eleven o'clock tbo
night previous on tho root ol a building adjoining tbe
clothing manufactory of John Fallon, No. 188 Grand
sircol. Tire scuttle of the latter premises was fouud
pried open, but no goods hud boen carried away.
Three chisels, u brace and two bits wero lound ou-lhe
persons of tho prisoners. A oark lautorn was ulso
tound on the rooll The prisoners wore bold In >'J,5ou
bail euclL, in default of winch they wcro committed to
the Tombs.
DEUS EX MACHINA.
Eliza Hear boarded with Mrs. Jane Barry, of No. 271
nveuue A, till luioly, when she signitled her intention
of leaviug. Mrs. Barry tbercupou claimed that money
was duo her for board. A light ensued, during which
a $70 sewing macbiuc, the property ol Miss Hear, was
destroyed. Mrs. Barry whs arrested and arraigned at
tbu Filty-seventh Street Police Court yesterday. She
ad in ilied breaking the machine, bui said itiat tier
boarder was leaving with board unpuld, uud she had
oudeavorud to mild ou to the machine until her uluuns
wore salislleti. Mrs. Barry was bailed iu $400.
THE POST OFFICE DISASTER.
The commission appointed by Postmaster James,
pursuant to instrucllous of Secretary Sherman, met at
lour o'clock yesterday afternoon, lu the largo olllce ol
the Postmaster, Mr. James having given up bis rootu
to tliem. Iho following gentlemen were present:?
Ex-Sen.itor Wllltain Lalmbeer, Messrs. Theodore Wei.
lot;, David Jardluo und Goorgo B. l'ost, architects;
Messrs. Samuel l.owden and William A. Getluuy,
builders, unit Mr. Andrew J. Campbell, iron loundor.
The proceedings were conducted with closed doors. A
liumiier ot witnesses will be called lo-dav, who will tio
thoroughly examined in regard to tho cuuses which
led lo tiie disaster. It la possible that Corouur KUtiigur
Will co-operate with the commission.
PUBLIC SCHOOL JURISDICTION.
The petition to the Legislature asking it '-lo main
tain ttio lioarJ of Kdueation ind tho school* under it*
jurisdiction independent ol the city departments, and
to exempt tliem lruin tho operation of tho proposed
charter," has met with great lavor irotn all cluiuita of
our cllizcns. Although tho petition* have boon lo cir
culation but two days about live thoa?aml names hare
been already afllxed. Atn-mg those aro the name* ol'
I)r. Cbapin, Juwe* W. Jieekiuan, Frederick de i'eystor,
Moses'laylor, John J. Cisco, l'etor Cooper, ex-Mayor
Oeuige Updyke, Shut ill Uuruurd Keilly, e.\ Mayor S. U,
il. \ iiuce, trultllD Alli'O, Postmaster Julius, IIoii.
William K. Dodyu, Professor Chirles Pardee, H. H.
Clalliu, Or. Adolph lluebsch, Jlev. Samuel Welscb,
Charles Uluiivolt, t.ewis Bllvester, Kllot F. Sbepard,
ex A.dermau Wade and many more ol our largest tax
payer*. The lion. John Jay ha* written u leuor giv
in;; his hoarty approval aud regretting mat nou-rost
duueo proveoia Imu from signing.
PLAYING POLICEMAN.
An ox-policeman, Patrick Murphy, engaged In the
wots* beer establishment ol Julius Wleaner, of No. 1 Jo
Mulberry atreot, claims that his employer owe* him
nioney. On the ltd or May Mnrphy met Wie.-ncr walk
ing iu Third avenue, nour Twentieth street, and, walk*
lug up to tho latter, represented Innisoll to be a police
man, and threatened to arrest Wiesuur. He caught
hold ol Wlosuer'* coat, shook that gontloiuau mid uu
msnded "the $IJ owing him." Wiesnar eulied oa
O it leer O'Neill, ol the Kighlvuulh precinct, and Murphy
wits urrested and ut tlu h ilty-suveuth direct Court
held lu SJUU to answer.
BllOOKLYN'S EXCIsJE MDDDLE.
At n special mooting ot tho Kings County Hoard of
Police uud Kxeise, held ycstcrduy aiturnoon, It wa? re
solved to Issue licenses to such per Jons as may apply
lor the same to keep an iuu, tavern or hotel, providod
that all statutory requirement* lor the accommoda
tion ol travellers are compiled with. Within the past
ten days over livo hundred applications have been N*
ccivt'd uy tho Hoard, but ol itieae only ten llceum*
have been issued lor al? and beer and storekeepers'
licenses. The Ions of revenue to the city by reason 01
the present deadlock In tho interpretation ?>( the law
umoiiiits lo He vera I thousand dollar*, I.lcense* which
have expired have not b<*en renewed, nor have Uio
holder* ol thu old licenses Men Interfered with.
BALLOONING OVER THE SEA.
AN0TR2B AEBONAUT TBOPOBES TO CB0S8 1HE
ATLANTIC IN AN AIB HHIP.
A meeting of serouauta l? announced to be held in
Philadelphia in July lor the purpose of diaeuulng the
feasibility of crosamg the AiUnue by balloon, uit<l other
matters of lesser publio intercut connected with tholr
cralt. Should tula meeting take place It will probably
result?Judging from similar affairs lu the past?In an
jiumeiwe amount or talk and the presentation of an im
mense number ol plana and suggestions ot a more or
less impracticable natare, and that l? ail. Mr. Charles
H. Grtmley, a pluoky young aoronaut ol thin city, who
has mude more than a score of succoaalul ascensions,
writes a letter to tho Herald on this mailer, Id which
ho boldly offera to croaa tho ocean If some one
will delray the exponsea of the attempt He aaya:?
"As so much has been said and written upon
this subject of lute, aud littlo or no ac
tlon bas boon taken, will you allow me
to state through tho Hkrai.d thai il any
spirllod gentleman wilt furnish sufficient money to
build and equip a suitable balloon, 1 will, on condition
that I have ihe sole management, at ouce undertake
the experiment, and decide tho question an to whether
a balloon voyage across the Atlantic Ocean to Europe
can or oanuot bo accomplished."
AS A!it ship arrnio.
Mr Gritnley was yesterday visited at hla home In
Third avonuo by a reporter, who wished to learn how
he proposed to attempt the passage in case the money
should iKJ lurulsbed. Tne balloonist was found at work
in uu apartment, ihe walls ol which wero coverod with
uiclures ol all soru ot contrlvancen lor saiiiug tho air.
lie is a churl, well built, dark couiploxioucd, active
ami intelligent Englishman ol thirty year*, and is
an onthusiusi in his proIesBion. Tho reporter inquirod
whether lie had any new machine with which ho pro
nosed to make tho ocean passage. "No," was the
reply - "I tlunk luere ouu bo little improvement made
uiiou our present iiulluons. 1 should sunply build one
with a capacity of 1M1.UOO cublo I eel ol gas. l'hls
should b? outireiy o! silk, and I would make it Willi
my own hands, so that I should have every couildence
in it. There m no doubt that there exists a strong and
steady easterly current across the ocean, and the ouly
thing necessary to oro.sa is to tind a balloon winch will
stay up long enough to reaoh tho other side. Tho
passage would not, 1 am sure, reijulro more than lour
days."
NOT TOO BIG A 1IALLOOX
"Would not a b.tiluon of 160,000 loct capacity bo
rather small?" asked tho reporter; "you know the
Graphic, in which poor Donaldson won to cross, had a
capacity ol 600,000 leok "
??That was the great lault of tho balloon you refer
to " t-aid Mr. Griiulov. "It wua altogether loo big. It
co'uld never have kept up long enough to cross the
ocean. You see tho larger the bag is the greater is tho
uscupe ol jioa and tho more ballast you are obliged to
throw over. When the sun's rays heat the gas at noon
day it expands and escapes at the nock und in other
way*. Tbcu at night the temperature lulu uerhapi
twonty-tlvu degrees, tho gua coutructs aud twenty
pounds ol ballast bavo to bo thrown out. Oi course tho
chau"os of temperature ettect the smaller balloon also,
but not to u proportionate extent. 11 wo could have
night continuously lor 100 hours the crossing ol the
ocean would bo no leal at all, lor the balloon would bo
in an even lomperaiuro and tho loss of gas and ballast
would be vorv biuall."
11M KIPKUIKNCE.
Mr Grimley oxprosaod his conlldenoo that he could
roach Europe iu tour days if some one would turnish
tho meaus. lie has had a good doal ol experience in
aerostation, lie came to this country soven years ago
Iroui Worcester, Euiflaud, where he hud been lor a
long tinio the assistant oi a gentleman named Sim
nions who owned several balloons and nude ascen
sions'lor pastime ouly. Alter his arrival here he ou
tfitted In bustucss, but his health lailod and ho turned
to his old pursuit agaiu. On July 4, 1875, bo made an
uscension ut l'ort Jervls, In this State. In the following
September he asceuded iroin Schutzen Park, aud from
thence went to Mouougaheia City, Irom which pluce
he made a sucoesslut asconsion, but was nearly frozen
to death, so i;0ld was ihe weather, although ho was up
but two hours and travelled ouly Ufty miles. Ooiug
to Pittsburg in October ol the same year he was en
gaged by tho uuthorities in charge of tho Exposition
inoro and mude live very auccosatul trips. On one
occasion Mr. urlinloy travelled 150 miles In three und
or.o-ball hours. __
AKMY AND NAVY CLUB ELECTION.
The resolt ol the reccnt olectlon for offlcorB and
Board ol Managers ol the Army aod Navy Club,
has been mado public, and Is as lollows:?President,
Goneral Lioyd Asptnwall; Vlco President, Goneral
Henry E. Davlea, Jr.; Secretary, Colonel Charles
Trotchol; Treasurer, Colonel Kent House Commit
tee?General M. J. MoMahon, Colonel Gebhard and
Motor John Whartou. Hoard or Managera?General
Aspinwall, Gsneral Duviea, General George H. Sharpe,
General Jamos McQuade, General M. J. McMabon,
General Kerron, General Joshua T. Owen, Colonel
Charles Treicbel, Major Wharton, Colonel Gebhard,
Colouel Kent, General K. Kuox. General Anson O.
McCook, Colonel H. C. Lockwood and William H.
i?Uu club la in an excellent condition, all outstanding
aiatifera having been lully adjusted, and new mouthers
uro being couatttutly added to ita list. 'I to? club will
remain ut its present location, N'o. 28 West Thirtieth
street, till May, 1878. aud the laciliitee for the enjoy
ment of its club hie arc being Increased. To tho otn
cers or the regular urmy and ol the old volunteer
lorcos it has bocoino a necessity, aud a bright luturo
is anticipated by Its membors.
HYDKOPHOBIA.
To tiik Editor op thk Hkrald:?
Noticing your remarks under the head of ??Hydro
phobla Kemedy," I luclosoacopy of tho celebrated
"Goouman remody." Tiie writer was treated with It In
Philadelphia lorty years airo by Dr. Goodman, in whoi-o
laiuily the remedy remained a secret for many years,
aud l" request that in tho interest ol humanity vou will
give it the world-wide circulation ol the Hkkai.d.
Yours truly,
lilt CL'ltK.
A dote for u home or a cow should be about four titue? as
treat as lor a person. It is not too late to irlve the medi
cine any time Uelore tho spasms come on. Tho llrst done
lor a ptirsoti is one aud ouc-halt ounce* ol uiecainpaue root,
bruised, put iu a hall-olut of milk, reduced to uno-half by
boiling, then taken all at mie dose iu the morning, fasting
until Mtternoon, or at lea?t a very light diet alter Mjveral
hours have ??lnp??d. The second dote the ?arae an the Ur?t,
uicupt take nvo ounces of Ihe root; third do?e name a* the <
lUHt. to be taken every other day. Three dose> are ail that
in needed, mid there noeii be no tear. ...
This 1 know Irom nijf own experience, and 1 know ol a
number of other cases where ii ua? men entirely niiceess
ful. Tlila la no guess work. These pmtons that I allude to
wero bitten by their own rabid dogs, that had been bitten
by rai>ld dugs aud were penned iiii to see If tliey wou.U go
mad thev did go ma!l, nnd aid blto tho uer?ous. t his rem
cily ban been In use lu and about Philadelphia for tortr
tuara or longer, with zr ?at eurce**, aud is kn?wn as tho
Goodman remedy. I am acquainted with a physician who
tolO me that he linown ol lti> tue lor more titan thirty years,
but never knew a ease that lulled where It *ai pronerly ad
ininiatereil. Among other caces he mentioned wan one
where u number of eows had been bitten by a mad do*, to
ball the number thev administered this remedy, to tlieotber
halt'not' tho latter all died with hydrophobia, while those
that took the elecampane aud milk showed no signs ol the
disease.
A BISHOP SUSPECTED.
A young man named Isaac Bishop, until rcccntly
omplujud In Hrown's soap factory, No. 18i First ave
nue, na a cletk, was yostorday arraigiied at the Kilty,
sovenih Stroet Court, chargod by Oeiaplatne Brown
with having on tho llih ol Novcmbor laat receivod
*28 from H. llslin, <>r No. 7C0 Elevenlh avonuo, for
Messrs llrown, uud lailod to return the munoy. Ex
nmlUAiiou, U is alleged, proves that Bishop bus beou
guilty ol like ollcncos beloro, and that bu lias aliogetbcr
takou ol his employer's mouey. Henry llabn
made aflldavit that he hud paid Bishop $28 In pnymeut
of munoy owliii tho ttrm. liisbop was baiioil lor ex
ainluatiou.
Jills. LEAViTT INDICTED.
Mm. A<JclaKlo Leavltt, of No. 802 Second avenue, on
the luili of March last, preforrud cuargos against tLie
1U-V. Doinlnick McCaffrey, pastor ol tho Episcopal
Church ol Our Saviour, Third avenue, near Thirty
iiinili Htroet, accusing bun of attempting to commit an
Indecent assault upon tier. Alter n scries ol examina
tions Kev. Mr. McOsllrey was l;eld by tho 1'ollce Magis
trate, but the Grunu Jury subsequently dismissed tbe
complaint against him. Tbo reverend gentleman
retaliated and brought u charge of perjury anuinsl Mr*.
J*>avltt, who was arretted by Octcctivus O'Oonuer and
Fields, ol the District Attorney's office. She wua bold
yesterday in tbe *uin ol #1,000 to await trial.
SEEKING H14U DEATH.
From pier 5J a young woman yesterday morning
plunged mlo tlio North River and was boing carried
away by the uurrent when Ofllcer O'Conuell, of the
Voxtcru Steamboat squad leaped into tbo water aud
with consldorublo difficulty succcoded In rescuiug her.
Tho girl grained determined upon firing over life aud
apparently regretted tbe officer'* timely ataiftUnc*.
At tbe H'.ittloli bouse she explained tbo ciu>e of her
suicidal attempt, lier name was Molilj Morton, abe
s.iiu, una added that sno bad uo borne. 1 he old story
ol reduction, betrayal and disgrace wpg born, and she
spoke bitterly ol tho young tuuii who bad* boen tho
cause ol her mi-fortunes, iiut persistently reiused to
give his niiuie. oi to give any Inkling as to ber past rest
donee or associations. She was attended by I Jr. to
sign and removed to tbo Now York Hospital.
THE FATAL DRAUGHT.
An inquost was beld yesterday at the Twenty-ninth
precinct vtatlon house on tbe body ol ltoaa Weiss, tbe
domestic who died Ironi the cflccts of a draught of a
liquid containing among other ingredients some
cyanide of potassium, winch was given borby mistake.
A man named John Leggeti, employed to clean win
dows, discovered what ho supposed to be a bottle ol
clarct, but which wo* in reality a mixture lor cleaning
silverware, and bad poured out a glass of It to drink,
when tho deceased happened to puss, and at his
invitation drank off a portion ol the supposed
wino. At the tlmo of Ibe occurrence Coroner
WoUman commuted Loggeu, and held Henry Cor bit, ^
the batter, la 1600 to appear at the inquest, at the aam?
time rebuking him for barlog exposed a bonis con
taining ao deadly a mixture where It could readily pro
duce mischief. Attor tho evidouce was beard ih i iurjr
rendered a verdict ol death by accidcntal poisoning,
und censured Orbit lor bis carelessness in leaving llio
bottle where it euuld be easily luistakeu and used with
to latal effect.
THE ROMAN BAIL
LEOTUeS BT MB. 18 A AC VAN WINKLE AT
COLUMUIA COLLEGE LAW bCHOOL.
Mr. Isaac Vau Winkle, rotinscMor-al-Iaw, gavoa very
intei eating lecture last night at Columbia College Law
Scbool on "The Roman Bar. " The member* of the
Bench and Bar ol New Y ork Stat* and Nevr Jersey had
been iovlted to the lecture. A largo number of them
were present, aa also many students from tba law
scbool.
Among the Romans, said tha lecturer, the - place tor
the administration ol Justice was tho forum ; the Judge
was called praotor. The classical period of the Konian
civil prneeas extended to tho reign ol tho Ktnperor
Diocletian. Under tho laws oftho twelvo tables regular
form* of procedure had been established. The first
pleaders who appeared at the Roman Bar wero not
Jurisconsults, but tho patrons of Me common people.
But when business transactions becumo more frequent
and tho sulenco of tho law more dMHuult and compli
cated there were a cluss ol men who began to apply
themselves to the study of Jurisprudence. The limi
tation in the length of oral pleadings In tho time of
Cicero wag left to tho discretion ol the Judge. In
criminal cases the time was llxed according to tho
l'omptian rule?the accused having morotimo tliuu tne
accuser in iho proportion ol nine to six. In this
measurement ol time the clepsydra, or water clock,
was used.
In many cases several counsel were employed on
oue stde, but tbo custom' was not upproved oI by
Cicoro. It the accused liud no udvocate tlie Judges ap
pointed one lor him. Under tbo Itopublic advocates
received very large lees. Claudius -and Cicero wero
churged with having exacted exorbitant lees. Cicero
received from l'ublius Scvila, thon under impeach
ment, 1,000,000 sesterces, or about $40,ooo, with which
he purchased a house, received under tho disguise of a
loau. Cicero boasts iu his second philppic that ho
received upward ol luOJ.OOO lrom legacies lelt bun by
his friends, and yet bo borrowed money without
scruple. Uuder Constantino advocates wero prohib
ited. uudor penalty ol being uisburred, lrom making
uuy burgains with their clients lor acquiring auy por
tion ol what thuv might gaiu by tbo lawsuit. Women
wore allowed to plead their own causes, but woro not
allowed to plead or act fur others. Law was
taught in schools about tho samo aa at tho
present day. Under Justinian the students
wore obliged to study Ave years and pass a
public examination. Tho leciurur gavonu elaborate
criticism ol the principal Roman lawyor&. Horten
fcius was a contemporary and rival ot Cicoro. lie was
u man ol'great memory, clearness and accuracy, and
possessed groat grace In style. Asimus Pollio was on
dowed with a great power of unpremeditated elo
quence. 11 success was the criterion of a great orator
Cicero was tha greatest, lor be possessed the laculty ot
persuading to a romaricable degree. It might bj safe
to stuuy him, but not to loilow bun. *
While wo may derive many advantages, concluded
Mr. Van Winkle, from studying the various charac
teristics of the style of tho great orators of ancient
Rome, it is not in our day so desirable to possess all
the perfections which Cicoro and others required of an
orator. 1 do not consider tho highest order or
eloquence to be the principal qualification of a lawyer.
There aro but tow occasions mat call it in demand.
The advocate should learn to condiict a suit
with skill and ability; to prepare tbo pleadings In
proper lorm and to state all the I act* ot his case in
their natural and chronological order with clearness
and accuracy; at tbo Bar to leurn to haudlo bis causo
with coolness and Judgment, and endeavor to seize
well the points on winch it hinges; to learn to express
himself in well chosen lauguago. sententious rathor
than reduudant and copious, supporting bis arguments
with pertinent reasons and' precise and well chosen
authorities. I should rather urge upon the advocate
to reverse tho rule of Cicoro?eloqueucc Urst and than
sotuo knowledge ol tbo law?and lusist that bo should
be learned In the law and practice and moderately elo
quent, more a dialectician thau a rhotoriclan, and a
man ol business and Judgment rather than ol gieat
aud long discourse.
A RELIC OP THE REBELLION.
The torpedo boat Mldgo was sold at auction at the
navy yard, yesterday, the purchaser being James T.
Powers St Co. Tho Midge, which is a cigar-shaped
vessel, 46 leet loug, brought hut $1250. She was built
by the Coulederates, aud when llrst launched went to
the bottom with a crew of six men on board.
MUNICIPAL NOTES.
Fire Commissioner John J. Gormau, Dock Commis.
noner Vauderpoel and City Chamberlain Tappan were
yesterday sworn into ofllco by Mayor Ely.
Mr. H. B. Shafer has been appointed to codify all the
city ordinances by Mayor Kly. It is ossentiaily neces
sary that this work nhireld. be speedily accomplished,
as nobody seems to kuow which ordinances are in
loree or which have lieeu repealed.
Tne statesmen around the City Hall are now on the
ragged edge as to the questiou whether or not Cov
entor Robinson will sign tbo Omuibus bill. If It be
comes a law It will materially luiorlcre with the bread
aud butter ol many a Tammany ollico-bolder.
Corporation Attornoy Boyd reports having paid
%iiM to tho Comptroller, penalties collected duriug
'the mouth of April lor violation ol oity ordinance*.
The tags and other paraphernalia necessary lor issu
ing licenses to dug owners will be ready bv ton o'clock i
on Monday morning. Mr. 1). a. Hart, chief of tho
l'ermit Bureau, iu the basement ol tho City liall will
have charge ol this matter.
It is not likely that Mayor Kly will nominate Com
missioners lor the Parks and Police in place ol Messrs.
Martin and Krbardt until tbo week nltei next. It
was yesterday rumored that General McCleliau might
ho Keiot'f.ed lor Police Commissioner if the Mayor con
cluded to recede from his position as to non-partisan
ship ot that body.
Comptroller Kelly will to-day sell the scboolsbip
Mercury at public uucttou in the new Court llouae.
Tho vessel Is now lying at pier No. 1, North River.
REAL ESTATE.
Tho following sales more raado yesterday at tho Ex
change:-?
ay K. II. LUDLOW AND CO.
Foreclosure sa^lt*?'Thomn* II. Hartwell, referee?of
the Uou.se. with lot 25x01. 1x26*01.11, No. 144 h ast
broad way, n. h. 225.8 it. w. ot Itutxers at., to John
J. Koesu. plaiuiltf .... $17,000
Similar sale?George VV. I'urson*. referee?of trio
house, with lot 84*125x30.0x128. No. 70 5th av..
e. 100 it. n. of 15th st.. to Geor#o Ahem, plain
tiff.. 50,000
far HOW AIM W. COATK*.
Foreclosure sale-John K l(isle>. referee ? of a
house, with li*t 25xlt KJ.5 s. s. oi 4 7th St.. 217 It. w.
of 2d a v., to Samuel Black, plaintiff 9,500
BT JOHN T. HOYD.
Foreclosure sale?Thoma* L. Feitner, referee?of a
house, with lot 25x1 on, u. *. of hast liHtb st., 175
It. w. ot 3d av.. to Kieanore K. Baldwin, plaintiff... 3,000
BY A. II. MULLMM AND MOV
Foreclosure sale?Kuuene II. Poraeroy. referee? of a
house, with lot l*x7.\ h. s. of 120tli *t., 144 It. w. ot
3d av., to K. A. Siruetcr, plaintiff 4.300
Total *ale.s for the day f83,800
I UAN.^riuKM.
3d ?v.,e. a.,00 ft n. of 120th st.. 19.0x70; Win. li.
Fry to Annie Fettretch $7,000
3d at., e. a.. 40.0 It. ii. of 126th st., 10tfx7{S; name to
fame ?? 7,000
3d av , e. a., 21 ft. U. of 120tu at., 10.0x70; same to
same 7.0' >0
3d nv., a. o. corner of 120th st. ,21x7(1; fame to name 7,OJO
3d av., e. a., 7O.0 tt. it. ol 120tii st.,2O.6x70; name to
7,000
7Hth ml. ?. s., 12110 ft. e. of Madiftou av.. 30.0x102.2;
James M. Drake and wife to II. li. i?rake Noiu.
2J av.. e. s., IOJ It. n. ot ft.?th ?t., 20x03; Samuel li.
Hull anu wite to Mary A. Hull 11,flUO
Water st., e. corner of lJep?y?tor at., lH.7iOH.7i h.
llofluiHii and wife to It. G. Mitch 10,0(10
100th* st., n. 8., e. of Fulton wv , 30x05.55 (24tll
waidj ; A. Kubin and husband to J. Fricdeticke I.OJO
147th st., n ?., 150 It. w. of St. Ann av.. 5o* 100 i2.'id
ward) ; Thomas a. Uodinaii(exccutor). to 10. jMiiilli 1,164
65th st.. *. s.. 140.3 ft. e. of 4th av., IH.OxlOO A; Jane
Parker and liu?band to Heleu M. Wind .. ... 15,050
KM st.. s. s.. 301 it. e. of 4tb av.. 21.0x102.2; Union
idiuea Savings Hank to ii. Bradford
3fHh ?t.. i*. ?., 100 ft. e. t?r Oth av., 20x0* ilialf part
ol); 1*. Wanner and wife to U llotmeister 7,C*?o
Main ftt., a e. corner College av.. 75x100 (23d
wurdi . i?. I*. Smith (leleree* to Mutual Life 7,3***
Morris av., s. w. corner of Garden st , 2;?xloo (234
ward) ; mime to Martin Nor* lO.lftO
Garden st., n. >?., 100 It. e. of Collide av., 100x101)
(23d ward); K. Hall Oeleree) to Vr. Curr. 3,000
&!M ht., ii s., 254It. c. ol 1st itv.,20x100; I. VV. l?o*w
(referee) to K. Sal luck 3.0 O
Houston *t . s. i>., 72 It. e. ot Clinton st., 1Hx70; S.
H. Hard (referee) to I). KUuber. 12,000
1st av., e. ? . 24.8>| It. n. of 20th st , 24 Hx75 ; T. II.
Landou (referee) to J. it. W hiinitf, Jr 10,000
? OiifOAUXM.
Ahern, Cornelius nnd wile, to M. Trimble, s. s. of
J*tb ?t.. between 2*1 and 3a avs ; 5 years 6,600
lleder, Henry aud wile, to J. F. Schmidt, s. w. corner
i'a**ai;e aud Uailroad avs.; 1 year 1,300
Haute, Abralium, to ii. liauta, n. s. ot Weal 11th ?t.,
w. oftireenwich nt.; 1 veer .'?.V>
Kurie. lternard, to K. 11. Underbill, s. ? ot 2Ut si.,
w. of I?t av. ; 5 years 12 000
Fettretch, Annii! and husband, to W. ii. Fry, e. s. of
:td ?iv., ii. of I2thh m. ; b years 12.500
H^rne to ?aiue. e. % ol .kl av., n. of 120th st.; 5 years. I2,.?0?)
Same t'? same, e. ?. ol 3d iiv n. of 12?'?th st. ; ?"? years. I2.fttai
Same tosaine, n. e. corner 3d av., 120th ?t, ft years. 1 *,??>0
Same to sauic, e. s. of 3u av., u. ??i I20th ?t: 5 years. 12,JO0
ltaye?, James, to Mutunl Lite lnmnauet i-ompany,
ii. s. of Blercker ^t., w. of iiowery ; 1 year 3,000
Holland .obert S., to l'eter Moller, u. n. of 23d st..
w. ol Othademand 15,01 >0
JoiiHt. Charlcft and others, to Roosevelt iiosoilai,
3d nv . n. e. rom?r ol S2.1 st.; 5 years . 10,'rMj
Marcher, Caroline and liusbaiid, to K. K. Maicher,
s. s. o. .'<?>th nt., w.*off?th av. ; 1 year
Lauifley, i.u^rono to James D. Bud, n. *. of70(h st.,
w of Iftt av ; 2 yearn 847
Itraiiiord, 11., to I uiou iJime Savings ifank, s. s. of
K'ld St.. e. of 4ttt av.; instalments .,
Siliecx, li., to hlf*venth Ward Savings Hank, n. ?. of
f>3d at , e. of 1st av. ; 1 year 3,000
Nor/., Martin and wife, to Mutual, s. e. corner Gar*
den aud til av t,23tl ward) ; 1 vear. 4,000
McVev, Archibald, to Henry Smith, n. *. of 119th st.,
b Mween I'd an?l 4th av.; inataiinen s ?J0
Kubiii.tou, Mary, to i.illuli Hi?binsi?u, a. a. 30tu Nt , A.
of Madlaou av. ; In year* 50,000
O'Mrien, JoUn and others, to G. Cromwell, u. *.
| ot Houston St., corner Merger; 2 yeais 100,000
Harris, Sarutiel and wife, to A. Duxro, a. ?. of 4th
sr., e. ot av. H; 4 yean 6,000
Biacahurst, Klisabeih and tiu^bnud. to M. A A.
Woodcock, u. *. ol tHth St., e. of Stb av.; 5 years... 0,r?<)O
(iriei, Hone, to Caroline C. Hiuhop. n. a. of 27th St.,
w. ot Oth av. ; 5 years * 5,000
Griet. Hoae. to Abby ?. Tut tie, a s. of 27th at., w. of
9th a v.; 3 yea m 5,000
NoMti and, Klbert and wile, to John A. Weeks, a. a of
40iUiu,e. of 3dav.il &U0
MBS. NICHOLS' DIYOBCE.
ANOTIIEB FEMALE WITNESS 1 JUSTIFIES AS T?
THIi FAMOUS BID* AT NKWPOBT.
Bridoki-obt, Conn., May 4, U77,
The bearing ia tbia cwo was resumed jtiUriU;
morning by the introduction of evidouco for the re
spondeut, Mr. Nichols. The attendance of spectators
was quite small compared with tbo number present in
the earlier part 01 ibe trial. At the opening of tbo
Court a huge pile ol deposition wero thrown upon the
table by counsel for Mr. Nicbola, wbo began to crack
the seale, ontlo "red tape" and set them la order lot
premutation. The repuiuliou ol Nelson Kelchum, ona
ol the principal witnesses Introduced on the part ol
Mr. Niohols to sustain tbo allegailona contained la
the cross hill, and wbo whs Mr. Lytnan'a sailing ?t
ter In 1872, having been aasuiled and impeached by
tue testimony of several witnesses who knew him wall
the Urot item lu the proceedings was to redeem hia
character Irom charges ol uutrulblulness. To effect
this, to set the reputation of the Captain right in tbr
eyes of the Court, the depositions ol Cliarles T
Duryea, C. Jackson, A. H. Weeks, Charles Biabop,
Andrew Jacobs and Ira Oakley, ol Babylon; William
Belsore, A. S. Norton, William S. GrllUn and C. T.
Rowland, ol UIlp, woro read, all claiming to nave had
a more or leas extensive ana intimate acquaintance
with ketrhttm and believed Ilia reputation lor truth
aud veracity to be good.
MRU. MCUULS KIDKS OUT WITH LTXAX
Ella Milbutik, ol Greenfield iilll, Conn., testified that
sbe knows and bus for many yeurs known Mr. and
Airs. Nichols; she went on the excursion in 18U9. ou
lbe yacht Coining, with Mr. and Mrs. Nichols, Miss
Nichols aud Kev. Mr. 3turges;tbey arrived si New.
port ou Monday in the week; the lirst night
tbey all stayed 011 board Hie yacht, and on
luesduy night witness, .Miss and Mrs. .VicUola stopped
at tliu ocean lloufo; ibey wero at the hotel on Tues
tiay and Mr. liyiaun was also there; witueas stated
taut on Tuesday ulteruooa Mr. Lytnan invited Mri
.NicIjo a uuu liurseii to lake a ride, and thoy accepted
tue luvitatiou; he was to cpU lor theui about ihre?
? TSr* .?nd a" ho drove Mr- Echols, hts sisteri
and Mr. bturges came up from the yacht; Mr. Nlchoii
went ou tne piazza and sat down, and at the same
time Air. Lyman sal in a basket phaeton waiting* he
was oistippointed lu getting a two-eeat carriage, as n#
lutcudod, there beiug a great demand lot
teams that afternoon, and was obliged tc
take a single-seated phaoton Inatvud. Wii,
iicb3 stated that Mrs. Nichols then asked
lier busuand If be bad any oh)ectlona to hor going ou:
to take a ride with Mr. Lyman, and he, abaking bit
1h?a.d;, "uswoied "No." Ho was not present, witnesi
testified, when tho Invitution fo ride out was glvet
uud accepted. Ou mat evening Mra. Nichols. Mlai
Nichols and witness went to their room together, abou.
hull-past ten o'clock, but in a low tntnutoa therealtei
the lormer went out saying, as she did ao, that ahe wai
goiug to look lor a coral jtin she had lost. Witness
soon retired aud stated that she could not asy when
Mrs. Nichols returned. She was there in the mormon
and that was all she knew about it There wss oulr
ono bed in tho room, she said, lor the three.
Inls concluded the direct testimony of Miss Mllbank.
and tho Court adjourned.
A. COAL WAR.
ATTEMPTS OP THE BALTIMORE AND OHIO BAIL
BOAD TO 8UPPBE83 TBAFPIO ON CANALS?BE*
SULT, CHEAPEB COAL FOB THE PEOPLE,
Combbrlaxd, Md., May S, 1877.
The great coal interest, which centres here and ia
the surrounding country, is just now very much ex
cited by the war that Is noing actively waged between
tbo Baltimore and Ohio Ruilroud Company and the
Cbesupeako aud Ohio Canal Company, whoso canal
operations extend Irom this point to Georgetown, Vs.
The origin of this imbroglio, which bids fair to
term initio in something scrioua betwean the conflict
lng elements, was an ellort upon tho part of tho
Baltimore and Ohio Company to uiuko a grand gobble
of tho businoss of the canal company by making secret
overtures ol low freights to tho various mining com*
pantos. When this troachery became known 10 F. A.
Gorman, president ol the Cbesupeako and Ohio Canal
Company, a courtoous nolo was sent to John W. Oar*
rett, president ol the Baltimore and Ohio Railroad
Company, usklng lor some arrangement tor a juat dl.
vision of tho trude and the tlxiug of such Ireigbl
rute.s that would result in making the carrying of coa'
profitable to both the rmlroad and canal oompany
while reaching tho competition lrotu coal product
also where.
President Gorman's proposition was rather unoer*
mouiously and uncourioousiy refused by tho Balti
more uud Ohio Company. President Gorman then
determined that the cunal company'a busluesa should
be mulutaiued against tbo combiued opposition ol tha
lialiiuiore uud Ouio itsnroad Company and tbo inter
ests co-operating witu it. Every scheme that could
be curried out to detest the railroad corporation bus
been adopted by the canal company, President Gor
man having none so far us to throated to reduce the
ia.es of transportation ou coal between Cumberland
aud Georgcliwu 10 tcu cents per tou.
The citizens of tho coal country, and psrt'culsrly in
tbis immediate region (which is ono ol the most im
portant and proline coal and iron producing centroa in
the country), tiuvo taken a very active inioraat m
luvor 01 the Chesapeake and Ohio Canal Company
and already a mooting of pronuuent capitalists bus
been held at Westcrutown to tuko slops lor the build
inn of a railroad to assist in tho warfare against tha
Baltimore aud Ohio Company.
It is understood that tho latter corporation's obisct
lu tbo present movement is to bring the coal trade to
the city ol Baltiinoro as a help to Its marine interests,
us well as lor lbe purpose of making that place
the leading port lor Cumberland coul shipments, aud to
attract the (.leumshipM to mat city lor cheap fuel In
tho interest ol tno Baltimore uud Onto Company it ia
said 1'resideui Garrett can truuspori coal while tbo
trouble prevails at an almost entire loss, and depond
upon the suspousion of canulllng in the wintor to uiako
good the losses durlug tho season of navigation. Just
now the canal sutlers from the disadvantage ol haviui
no railroad In the Western Maryland mining dlatricta,
tbo Baltimore aud Ohio Railroad Company cou<
trolling me Cumberland and Pennsylvania road
by its ussociatiou with tho Consolidation Cod
Company, unothor corporation which is gonorally con
sidered a monopoly iu tbo coal regionn ot this State.
The impression is general among coal mon that tbo
war will have the oiled of sending prices way down to
unie-war ilxures, uud to perhaps lowor rates. The
miners' wages have been lowered to the very lowest
notch, uud should the trouble between tha ruilroad
and cauai companies rosult iu any lurlhar decrease of
Wages it is not luiprobuDlo that a strike may occnr in
some of tho togious. Tlio rutos (or coul aro constantly
tailing and tho irtuto neneraliy is becoming very much
demoralized, but it is believed the canal company will
bo able to hold its own In tho light aud in the end be
come the victor, especially as il has the substantial
assistant col the people.
THE COAL HUMORS.
Cornelius F. Tlmpson, a broker, and Edward F.
Brown, a lawyer, wbo, it may bu remembered, wero
Indicted by tbo Grand Jury ol tho General Seasio'na lot
Circulating, as alleged, certain reports in Wall street 10
connection with tho Delaware aud Hudson Cuual Com
pany, wero bailed yesterday. John A. Kimou, ol No
?VI W <-*t fbirty-lonrth street, became bondsman tor
Mr. Brown, and George Cecil, ol the Windsor Hotel
wont hail lor .Mr. Timpaou. George W. .Slow, an ac
countant, who was also indictod on a aitntlar charge
has not yet uppeured.
CUSTOM HOUSli INVESTIGATION.
WU11K OK THii COMMISSION YE8TKBDAY?CLKEKfl*
FKE8 ANL) POLITIC 41. ASBKS8MENTS.
Tlio last sea-nou lor this woek ol tho Custom lloust
Commission was hold yesterday. Mr. Jay read lb*
[ billowing lotior, received iroui the Secretary of the
I <?<
, Iruasury:?
Tkkhukt DariRTMiXT, I
OrriCE Of TUK 'I'UkASUBKH, /
Wiimsutoa, U. Ci, May 3, 1W77. J
Hon. Joii* Jay. Chairman;?
mi;?I transmit herewith for the consideration of your
i eouimt??ion a copy ol a letter received bv rat Irooi Samuel
WuU li .ft Co., Hosion, cutu|>1.111<11>K of illCK*) exactions o(
1 fe *nd no.iiul^iu ? liy employe* ul the New York Custom
I Hoes*. JOHN HHKKMAN,
Secrotary of the Trea?ury.
The onclosuro spoken of was as follow*. It wm
j read ami passed over without couiiuont:?
May we mi.Ii that ill* commission on Now York CiHtoss
I H<m?? may be directed to insultu why bills ol sa>e of veusl
i proi?.rty tliat have beoii regularly rcuUterad at the boiae
poit suoulil lie compelled tto i?ay tuu leo over a^aln there,
' wiilch l? no; reiinircjl at any otliur Cimom Ilou??r Also
why clerk* should l>u allowed to reeeivu ler? for furnishing
prompt returns ol cargoes landed at that city?
.sAMI hi. WKLCil .ft CO.. Button. Max.
Mr. Wynkoop. Deputy Collector ot the Kourtt
division, win* cullod und duly sworn. Mr. Koblasol
? road the letter of Messrs. Welch It Co. to him and
I asked what ground there was lor such allegations. It
' answer Mr. Wyukoop replied I hut such a practice did
I not exist, and no lee Is ever charged on the sale ot A
vessel registered at the borne port unless the old ragla
! ter hus|to be surrendered and a new one taken out.
I As (his requires the work to bo done ovor agalu It II
tio more ili.m just that u lee bo paid thureior. No bills
: ol sale lire recorded in New York ol vessels placed oi
i record at Huston, unless, as slated belore, the owner
ship is changed, anu thou a now regiHter is issued,
i Collector Arthur, who was prevent, said that the
charge win Irivoluus and without the slightest loua
i datioo. I In; Collector would uot issuo a reregistei
unless the property changed bunds, which necessi
tated a proper saieguarJ to bo taken out by tlio new
owuors.
As Mr. Kobiuson was com pel led to leave last nlgbl
tor Washington no mooting will bo held to-day, and
lurlher proceedings have ueen uojourned until Molt
i aay alternooii.
rol.lTICAl. AS*Kf>SMK*T.?.
1 Several witnesses who have already been examined
: by lhi.i commission testilled to the payment ol assess*
iiieuls lor political purposes. Mr. Uuuscli said on Uis
Urst Interrogation that those payment* were
uiailo to the late Appraiser. Till* statement,
however, he corrected the next da/ In a letter
[CONTINUED ON NINTH FAQ&l

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