The New York herald. [volume], May 22, 1877, Page 8, Image 8

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THE COURTS.
Important Decisions by the Supreme
Court, General Term.
THE LAKE SHORE AND MICHIGAN SOUTHERN SUIT
Judicial Clouding of Widow Helium's Claim
Against tbe City.
THE MOULTON-BEEC1EER SUIT
Kufus Hatch applied somotimo since to ono of ths
Judges of the Supreme Court, in Cbsiubors, for a per
emptory writ of maudamus to compel the officers of
the Lake Shore and .Michigan bouthorn Uallroad Com
pany or It* transler agent to allow hiui, us u .stock
holder, an opporluulty to Inspect tho stock or trans
ler book and take a hat of the holders. The applica
tion was denied, and from that decision an appeal was
takou to tho Ooncral l'urui. On the argument In Cham
bers tbo question nrose as to whether this company
was a corporation within this Stato or a foreign corpo
ration, and the sauio aroso on appeal. In the opinion
of tho Court, Presiding Judgo Duvls says:?"Tbo net
entitled'An act to compol transfer agents of foreign
corporations to exhibit a list or the stockholders thereof'
{chapter 16b of tho Laws of 184J, 3 Kdwurds, General
htututos, p. (177) is applicable only to tho traiisler
agents in this Slulo ol foreign corporations. The
duties thereby created and Imposed are put spoclQcally
upon such transfor agents, and not upon tho corpora
tions or oflloers of the corporations which they repre
sent. And it is only upon buoU transfer agent or his
clurk or oilicer that tho torfolture provided for by tho
second section of tho act is imposed, l'roceodings,
thuretore, tor a writ ol mandamus to compol tho ex
hibition of tho transfer book ol such loroign corpora
tion, ami also a list of tho stockholders thereof, cuu
properly bo taken against such trauslor agent only;
for his ueglcct or refusal to perform the duties imposed
by that act is uot the neglect of tbo corporation. So
far as this proceeding is tutendeU to be brougnt under
tho act ol It sboald linro been directed against
tho f armeis' Loan and Trust Company lor their
alleged violution ol duty. The words 'foreign Corpora
tion or corporation existing beyond the jurisdiction of
lb to State,'as used In such net, uro entirely synony
mous and have ihu same sign Ideation; lor tho words
'existing beyond tho Jurisdiction ol this State,' as used
l.i the net, meau simply having a corporate existence
from authority outside ol tho State. The question of
parties, however, Is not a very Important one, because
ll the Court should be of opinion that the Lake Shoro
tind Michigan Southern Ilnilruud Company is u loroign
corporation, so that their transfer agent Is subject to
tnu provisions ol the act of 18411, there would be no
difficulty in dlreattng tho writ at mandamus to such
agent and dismissing the application as to all other
parlies." The declllou proceeds to hold that this
company is a domestic corporation created
under tho laws of this Statu and subject to
nil the duties and obligations Imposed by our
laws upou duincsltu corporations. As to domestic cor.
porstlous the Krvised Malulos make special provisions
requiring that "the buok containing the nniues ol tho
stockholders iu any such company shall ut all reason
able limes during llio usual hours ol trausacltug busi
ness he open to the examination ol every stockholder
ut suen company lor thirty dsys previous to any elec
tion ol directors, and imposing uppu the otllcor having i
charge ol such book* who shall ix-lusn or neglect to i
exhibit them, or submit them to examination, a
penalty to be recovered by the injured party. I ho ob
ject ol this siututo is quite apparent. It mtouds to
put it in tho power ol every stockholder lor ihlrty
days previous to any election of directors to ascertain
the u.tides of all stockholders of the company, so that
ho can exert such inlluciico or use sucll lawful means
ns he may deem proper to ellfccl tho election or such
directors."
Uu the argument ot tho case bctoro tho Judco at
Chambers, Mr. Henry S. Bennett, or counsel lor Mr.
Hatch, took the apparently now and broau ground
that at common law a stockholder had the right, under
reasonable uml pro|*-r circumstances, to oxiimiuo the
books of ihu company, whose ottlcers wero to nil in
tents and purposes his agents, and that this right was
not cut oil by tbe provisions ol tho statute. To this
doctrine tbo Court would scoui to loan, lrmn Ihu lan
guage ol liiu cplniou, us billows:?"liut ibo slatuio
does not, we think, cut oil all rights ot the stockhold
ers of a corporation lo examine us translcr books, lor
proper purposes uuu on proper occasions, at other
limes. There are no words in tho statute inuicutlpg
such an intention, nor any negation ol the rights
of stockholders which rvquiros that construction. Wo
think, therefore, whenever a case is presented Hint
requires it to be done lor tbo purpose of preserving
the ruins end Interests of stockholders, the Court has
u right to imcricro by mandamus aud compel the ex
hibition ol tho transfor books of tho corporation or
the books containing the names of Us sloukholdors.
lint wo agree with tbe loarncd Court below tbat the
reasons fur granting a writ la such n case .should be
clear aud cogent." From all the papers lu the enso
bctoro it tho Court is satisfied there was neither oc
casion nor necessity lor lutariereuue by tho oxcrcUo
of the summary aud arbitrary powcrol tha writ ot man
damus. "Ample remedies," they conclude, "aro af
forded by tho ordinary processes ot tho Court to correct
nil tbo renl or supposed wrongs alleged by tbo relator
to exist, and those rcinedios ought to bo pursued iu tbo
ea-o now presented. " l'bs order ol tho Court below Is
nllirmed. *
.STOLEN AND FOliGED BONDS.
Nine bonds or the Tobo and Neosho Hallway Com
pany, without thi! company'* Real and without the sig
nature ol tne president ol tho lintoa Trust Cotnpuuy,
wldch were necessary to tnnko thorn valid and nego
tiable, wuro stolen. Hubsoquontiy the soal and the
name ol the ('resident woro lorgod thereto, anil they
wcru negotiated to Martin Mass and others lor a valu
able consideration. Suit was brought by theso holders
ol tbo bonds to compel tho Missouri, Kansas and Texas
Kailroad Company to issue other bonds in plaou of tho
niuo bonds in ijuostlon, In pureuunco ol u contract
of con. olulutioti between that company and the
I. bo and .Neosho Company, by which I hoy were
to tnkn tho outstanding bonds ol tho Tcbu and Neosho
Company and replace them with Iheir own. The caso
was sunt buloru a releree, who found against tbo com
pany, and thence an appeal was taken to tho General
Term. I'reaiding Justice iiuvis. In the opiinou ol tho
< -t rt, hays:??? i lie ij jeation is proclsoly us though tho
it. .ion wore brought upon tho niuo bonds against tho
de-bound Neosho Hallway Company. It IS well fettled
1. .. that where the bonds ol a railway company bavo
t no into the hand* ol a bona lido purchaser, lor
v me, tncy may bo ouforood by sunn purchaser against
t i company, notwithstanding they have in lact
been stolen Irom some lormer holder, or
Horn vno company ltsell; but wc think In
no oaso has it boon held that instrument*
I irporting to be bunds of a railroad company, but
which are in lact forgeries, and never but! any legal
inception as obligations of the company, can uo ou
Icreed a* valid bonds because mo lurgiry has been so
tkilluily porlortncd as to deceive an innocent pur
cliasi r. It .-eems to us uiiikcessnry to enter upon an
examination ol the numerous eases bearing mure or
less nearly or remotoly upon this question, n is
?nongb, wo think, to constitute a pcrlect deieuco llntt
the cuiporalion la uhlo to Bay, 'These are not houds
ever niacin or issued by us, but are torgeries, upon
witch no liability ever existed or arose against us.' "
After Btatingtbiitnoovidei.ee hud appeared that tbo !
railioau company in any lorm had issued tbo 1
bunds, had over received any consideration j
tbereior, had ever raniied or coniirnn-d ihcin
<>i done any act to induce the purchase ol them by tho
plain tills winch can estop them irom assertion that j
the Instruments nro lorg -rios, the Judge proceeds to 1
Bay:?"It is not a case where a |>crson has ntcucii the |
(otnpielod bonds ol u company, which have been ,
Issued or are ready to be isatteu as poflected etniga- ?
lions, but one In winch papers, inchoate and Incom
plete, bearing on inuir lacs tt.u evidenue of thai cou
u.tion and nothing more, and which can have the
semblance ol piriect d oiiligalluus only by mrnns ol
lorgery, nave been stolen and by ionic persona
am io in biar the appearauco ol validity and genuine- 1
a...* by criminal ueta of lorgciy. In such caee
Ih#) is no rceson, either on authority or
principle, lor holding that tho Vi< i in en tho
llielt of tho incomplete and valueless inviru
luenis shall compensaie persons who may hafo
been deceived sun uelrauded by means of in-- subse
quent lorgery. H that shall bo held there is no reason
w hy ail lorgetl paper shall uot bo adjudged valid iu if,e I
bunds of bona Bdo purclissers lor va uo against a i per- {
Sons ?h mo names shall be Simulated upon iu Wo are 1
M upiniou that the leniiiud rulvree ougm, ujion ibu
lad- lull ml by him, to have directed Juugniout iur t..o I
dctuudinte Instead of lor the plaintd!*." Upon tito I
lorogoing ground, as woll an because tho Court be- I
livves the rcieruu erred in nwardlng the me..sun- it 1
Uaraag'-a given to the plaintifls, and lor which Juilg- j
m? iu has in en entered, the Judgment Is rover .cd uud
s new trial ordered.
??LES DANICHEFFS."
In the milt ol Hborldau Shook aud another against
A ioli h Nooondorl iu respect to the copyright of tho
play known as "Les Uaeiobolls," the Court rendered
a decision eustalntng that ol the Court below in lavor
ol Messrs Shook A Palmer. The Court below lound
that the plalotiliB had purchased ol the French authors
|he play uud tbo oxcitMiva right to use the same in tho i
I. tilled .Stales, and had paid Ihcfelor a considerable
rum of money: thai the authors bad never authorized
ihr publication therool In any language; that tho do
fondant ?u about playiug the same at in*
theatre without authority from the authors ol
the play or Irom the plaintiff* and in <ie.
(lance ol tholr rights. In tbo opinion ol iuo
Lourt. written by Presiding Justice Davis, no siys:?
a..,. a _ . . ... .....I e? .. I.blieli In ilift HALlKluctli.tt
*Ibe defendant faucd to estublish to tbo satisfaction
or the Court below that tbe Gorman translation of tho
| play limi been published or used by tbo authority ot
the minors, aud too Court held that In tbo uosenue ol
aiK'ti authority the defendant acquired no right to use
tuo p ay in tlio United States by reaaou ol ita unau
thorised publication In Germany. Wo thing thiso
several facts wero properly louutl by the Court upon
tbe pleading* and aindavits in the ceso. Tho plain
tide, with comuiooitatile courtesy ami generosity, bud
ottered to permit tbe defendant to produce the play ut
tils theatre iu the Ceriu m language If be would an
nounce Irotn tho stage and in hi* advertisements that
tbe sitnio was <Jouo with tbelr oousont
aud uuhority. Tuis the dvlendant abso
lulcly refused to do. It was a reasonable request on
the part ol tho plaintiff*, for they had n right in iliut
manner lo protect their title against oilier Infringe
ments by persons who bad not their consent. It may
be made to appear on tho trial ol the action that tho
publication In German was with nnthorilv. In winch
event the case tnay assume a different aspect, but as it
now appears botoro us we think tbe decialou ol the
Court below was correct, for tho roasons assigned in
the opinion ot Judge Uonohue, and that tho order
made by him should on affirmed." Mr. Henry Welti
appeared lor Neuendorf, and ex-Judgo Dillonboolur
lor Messrs. Shook A I'.iimor.
AEKEST IN D1V011CE SUITS.
In tbo divorce suit ol Jamlcson against Jarnieson,
on the ground ot crusl aud inhuman treatment ot the
wile by the husband, tbo facts ol which have already
appeared in the llsr.Ai.u, an order of arrest was
grunted against ths dufeudunl. This order was
grnntod under seotlou 17U of the Code, on the ground
that tho action was founded on injuries lo tho persou.
From an order denyiug a niollun lo vacats this order
ol arrast an appeal was taken lo tbe General Term.*
The Court sustains tho dociaiou. In the opinion, writ
ten by the prosidtug J udgo, be lays:? "Iu ibis ouso,
upon tbe facts alleged, tbo acta ot the husband
wrro in part criminal assault* and batteries fre
quently repealed, and which lullicted serious mjuilua
upou the person of the plulntlir. These lujurlos gave
her the right of action, the remedy lor wbion sho now
pursues, and wo think her cituso ol acttou may he
properly described in the language of the Code a* one
fur injury lo the persou. If so, the right lo arrest the
duleudsut Is given by section 17U ol tho Code upon
showing that tbo cause ol sctiou exists tn tbe manner
described In another section ol tbo Code. I'pou care
I lui consideration wo havu concluded, contrary to our
! llrst iuiprossion, that tho order ot urrcat In this case
can lawiully be upheld. The case as presented to us
; is odo iu which this remedy should be permitted to ho
grunted, II It oan ho in any case ol this clluracter. The
order upponiod from Is stunned.''
KELLUM'8 CLAIM.
Hannah Kelium, the widow and executrix of the late
Mr. Kcilum, architect of the lar famed new Court
llouso, Is socking to eulorce in tho courts a claim as
serted by her husbaud lu his lifetime agatnet the cliy
lor compensation as supervising architect during tho
progress of tbo building. Ills compensation was to
huve been throe por cunt of tho entire cost of tho build
ing, to bo paid in inouibly Instalments. The city do
lundod tho action on tho ground thai It hud boon sub
jected to uoedless expense by reason of tho unskiliul
mulinor in wtilch tho work had bceu performed, tho
damage resulting therefrom botng claimed to have ex
ceeded pluiutifrs claim. Evidence was given on the
trial to show needioss oxpenao occasioned by
tho ncgligenco ot tho architect, and in pass
ing upou those Diets the jury found a
verdict in favor of tho city. From that judgment sti
appeal was taken to ths General Term, which now sus
tains it. Iu tno opinion ol the Coin, written by Judge
DiiniolR, It Is hsld tbnt if tbe Jury wero right its to tho
facts tho dctcnco was legally made out. Services of
this kind, H undertaken, iho law requires to bo exor
cised with caro and skill commensurate with I ho un
dertaking. Tho audit of tho bills by the Supervisors
was 110 surrender ol the right to uiske this dofeuco.
They did not puss upon tho question of sktltuluces,
that quesilou hot being involved id the audit.
THE WITTHAU8 ESTATE.
Tho cuae ot Iludolplio A. WltthauB, the lalo well
known retired merchant ol this city, came on yosler
duy'lor bearing, hefuro Surrogate Calvin, on tbo peti
tion lor letters of administration on the cstuto ol iho
deceased, tiled by Messrs. Jacobs A Sink as attorneys
ior Mrs. Fanny Dougherty, an agod'washerwoman, lor
many years In tho employ of tho deceased, and who is
a creditor of tho ostuto to tbe cxtont of about $2,500,
for moneys ot ihu petitioner which she had accumu
lated and on aoposil. with the deceased at tho tune ol
bis death. Since the application by .Mrs. Dougherty
tho widow of tho deceased filed an uppllca
Hon for letters ot administration, aud allowed that ll o
jursonul estate of tho docoused did not exceed $1,000,
lot which sum she was willing to glvo bonds; but Mrs.
Dougherty objects, aud claims thai the estate is much
larger, and that Iho widow should bo required to tile
bonds in at least $50,000. The .-surrogate lor tho pres
ent withheld (ho granting of loiters of administration
to the widow aud referred the matter to .Mr. Jauioa J.
Tray nor to take proof ol the value ol tbe personal cs
tuto of the deceased, in order to fix tbe amount ol se
curity lo bo required.
Tbe deceased before Ills death made several convey
ances ol valuable proporty in West Tbirty-fourib aud
Tbitty-filth streets, between Filth and Sixth avenues,
tins city, to Iiih sun and others, lu addition to a deed
of trust of a portion of his Unas thereafter executed
to a trustee for tho benufit of his oreauors. It is inti
mated, however, that litigation will follow tbo convey
ances lirst mentioned.
SUMMARY OF LAW CASES.
Albert Wetgeu unci John Cumlskey, alias "Comical
Jobli," charged before Commissioner Shields with
stealing a boiler from a whiskey distillery of Frederick
Fredericks, No. 3 Aobatolr place, alter It had bocn
seized by the revenue olllcers, woro discharged yester
day op account ot the failure ol' the government wit
nesses to appear.
Ia the suit of Joshua U. Gates, nil elderly gentle
man, to gel a divorce from u young girl named Annto
Gates, motion was made by General Jackson, boloro
Judge Garrett yestorday, to set usido tlio proceedings
on the grouud that plututiff has been adjudged of un
sound mind in iho Common l'lens Court. The easo
being now before a reieroe the motion was dcuiod.
A motlun wus made by Culonci Spencer, bolore
judgo burrelt yesterday, to discharges a tnau named
ilotkor, ono or the partlcB held lor complicity In tho
torgcry of a *04 000 check, passed on ihe Union Trust
Company, 011 the grouud that tho evldonca did not
witrraui ulsdelontiou. The Court look the papers.
Orvill A. Hutu was arrested uudor the name of
James lluictnus, charged with standing swindling circu
lars through the United states mall. It ap|ieartug that
as llutunliis he wus uuder the survollluncu 01 the l'usi
Uflico uutliorilios lor withdrawing letters iruin tho i'ost
Oitlce uy false represeutatioiiB, the charge against turn
under tbu name ol Ham wus abandoned, uud he wua
ht Id lor examination un the latter charge. Ho is hold
in $.'>,000 ball.
In lue suit of Abel Crook and Gustav llirglrrat, ad
ministrators of Churias i'vttrsaeii, deceased, ngaiust
th? city ol Citrlelruun, in Uiu Kingdom ul Sweden, uud
the Mayor, fio , ol New York, Judge liurrcii grunted u
commission yesterday to N. A. KllWlng, United Hiatus
Consul, to 1 xaminu U W. noiugiu-, Mayor 01 said city.
I bo broach of promise cose ol Moscr against Slultnl
ler, In which juaintilt sues lor ylu.uou damages, was
argued belore Judge Hurrotl yestorday. Mr. New
combo, for piuiniill, rcproauutod that Klsiein Stoiudlur
promised to marry m untid, and on It being learned
that no was about soinug out his grocery m seventh
ureiiue and moving he wus arrested. On the other
side 11 was represented by Mr. Hurt tliut the promise
to marry was conditional on dolenduut getting iidO
belonging 10 plaintiff in the Union Dime Savings
Hank, and be is willing to luairy tlio girl II site gets
the money. Tlio Court reserved decision on a motion
fur iioieiid.ini s dlscburgo.
Iho llbei suit ol Joim II. Flagler against lticbnrd D.
Jioldeuo wus urgucd beioru Judge Unrrell yesterday,
011 a motion by Mr. Foster, on In-bull of deiendunt, to
distliurgo defendant from l.ttdlow Street Jail or ad
vance lite cause on the calendar. Tito motion was op
posed on the ground that dclendant is uncle ol ihe
plalntlll, and ihe latter is superintendent ol the Nu
1 lunai tubular Work* ol ilosion, and that dclcndnnt
lent airocimiB libels, charging frutid un the United
Slates government by plaintiff, to lit* gut-sis in Hie
Aim iiiuii? House in litis oily, where plaihtill uud I'utu
by were stopping, lie had put in uu answer ol Justifica
tion, and un an act ol mercy uud his ball reduced iroin
fid, 000 to $4,ndo. Decision r user veil.
In Supreme Court, General Tei ui, yestorday. Judge
llrudy writing the opinion, It wus livid thai a glass
company uuviug its husinass la l-.iightnd and an olllcu
lot the sale ul 11- protluctlobs here, the proceeds being
Immediately remitted to Knglelid, Wus not liable to
tosaiioii uudor tlio act ol 11.1.1. it bus no capital In
Ve-dotl 11 ore. Ihe imiuufactiires sohl, says thu Court,
are tho result or capital inveslod abruud, and are sunt
hire lor a market, nod lor a market only.
In the proceedings brought by the Attorney Gen
eral to clo,c tip the alldirs ol the American 1'opulur
J, 1 iu Insurance Company Judge Donahue made an or
der yentorday muddying the injunction heretofore
yi allied so as to allow ihe pay mem of Die rem ol tlio
premise* occupied by tbo company for Hie present
month, a .no to ruceire all payments becoming uue
until the coining In ol ihu referee's report, to collect
rents mm -uh-tenants anil pay clerks lor ull aorvicot
up 10 the time of serving ihu injunction.
DECISIONS.
Sb'J llKME COt'Ul'?blNhHAL Tr.IlM.
It} Judges Davis, llrady ami Daunils.
lllrkett vs. I ay lor.?Judgment reversed. Now trial
ordered. Costs 10 abide event. Opinion by Presiding
Judge Davis.
HcSpcduu va Tne Mayor, Ae.?^Order rovorsod.
Judgment for plaintiff overruling demurrers, with
leave to U'-lendaht to answer in iw-only tiays on the
usual terms. Opinion by Judge Daniels.
Muliti v- IIo<l 1 no et al ?Judgment nfHrinod, with
coals, opinion uy Judge llmdy.
i'biilipn vs. Tliors-Kon.?Order rovoricd, with $10
costs ami disbur.-aimetiia. opinion by Judge llrady.
Kaultmanii, Ac., v? I'n# People, Ac. ? Judgmont and
conviction reversed. Now trial grniited. opinion by
rrotltiltlg Judge Da via
ClaOm #1 ul. vs. ScobmI ot al?Judgment revoraod.
New trial ordered. Costs to ubide event. Opinion by
Judge llrady,
Shook ami another vs. Ncuenatoin.?Order affirmed,
with $lb costs b'-sidoa disbursements. Opinion by
l'ruviding Jndvo Davis.
Uetnarcst vs. The Mayor, Ac. ?Judgment affirmed.
Opmiun by l'.-ealdlng Judge bafts.
The Farmers1I.onn and Trust Company ??.The Mil
waukee und St i'aul Rallrosd Company?! ?rde'
alllrmod <m defendants' appeal and thai Dart of the or
der appealed irom by plalntlffi reeoreod. with $}????'?
and uisbursements. Opinion by Judge Brady (I resid
lug Judge Davis taking n? pari).
Mulsh vs. The Flushing, N. S. und C. Railroad Com
pany.?Order affirmed, without costs. Opinion by
'"nfJaiu^ va^Murrny?J udgmont affirmed, with costf.
ODiuion by i'roiidiof JutifD* butifc >
Brown? Ac.. va The Mayor, Ac?Order affirmed,
omiiioii by i'rcslUing Juu*:o Davit.
Hilor vn The Uurilngioti anil Missouri Railroad Com
piny.?Order reversed, with coals und disbursement
^llyuch',^s!1?o^vy?Judgment affirmed. Opinion by
J* vs. Hampton.- Judgment reversed. Now
trial ordered, wilU costs to abido event Opluiou by
UKMu',Tb. U.T?r, .mrrn.d.
-J
versed. New trio. ordorod. Costa to abide event
? uSii? v?" Wo'Sta-OrcM, r...r..i ora.r
sss^ss^jss^isx
bo euiored hereon borvo a reply to couuterc aim and
...... ?io coats ol motion below und $10 costs ol appaul,
CldVedliburSiments. Opinion by Presiding Judge
DUSiewart vs. Hramhull?Judgment affirmed, wllh
costs opinion by Judge Urudy.
Kscalaior Petroleum Company vs. iowlor ot
ni urdiVntodffied so u. to exclude the allowance
trom amount required lo ho puid. Opinion by Judges
Di^r1pMol|oiM?ei Hatch v?. Tho Lulc.i Shore and
Michigan Southern Railroad Company.? Order affirmed
with $10 ooats and ulsbursemouis. Opluiou by
"^"".'I^.fVrVeiry and another?Motion denied
whhout costs if plaintiff stipulate to enter Judgment
^ lust the " enda.it Porry'alone, and that deloudaut
IUU Judge Oavi*.^ ot m,?Order affirntod, with $10
.. ond disbursements. Opinion by Judgs Brady,
^fer ol Auchmu?y.^-Order reversed w.th $10 costs
and disbursements. Proceeding remanded lor a re
. .... 11,.ininn bv Presiding Judge Davis.
rhtUl'ct af Ac , vs. Chilo? Oecreo afflrmod without
cr,nri;VMW#Hid.?.M With
The Western" KalRoad Company vs. Bayno et al
Uelerce ^ report cotilirtned with costs. Opinion by
JUH*e vsUussoy et al?Judgment affirmed with costs.
0Cs?^acfa?rberMfs'.ourl, Kansas and Texas Rail
,v ?t al.? Judgment rovorsod; new trial
grtnted' co??? ti abide event Opinion by Pre.ld.ng
JUmoch"Iiid another vs. Stclnhardt?Judgment af
flrtned Opinion by amrm.d,
UowHng vi - j t b0 adjusted nnd applied as
Opinion by Presiding Judge ,
U Mluor"?k ?"ot^ebb.-Oruer reversed a?d motion
denied. ^LoMor^mrmcd, with $10
costs'and dIsburse monut Opinion by Presiding Jnoge
"oudenoge va Young?Order affirmed, with $10
CTo SrTBuukUdva McScilL-Verdict sot aside;
new ?rla" Ordered- cost, to abide ovsut. Op.nion by
j USMmoil1'Allen Judgment reversed; new trial
granted; cosi. to appellant to abide oveUl. Opinion by
va" NewcVi?Order nffirmod, without costs.
K^c^h^gmont and order re
versed; now trial ordered; coats to abide event. Opiu
' ? M c A v oy s!'U" ho' "m ay or, Ac.-Judgmout reversed;
new trial ordorod; coats to abido event. Up'mon by
JUVisUsc!ioUr vi. The Grecnbsnk Alkali Company.-Judg
mm t aim mod. Opinion by Judge Brady.
Biurets Ac., vs. Drew ot nL-JuiiRinent reversed,
without c'osta? Opinion by Judgo Brady.
vioLton va Hotton ot Hl?Judguieut roversed: new
trial ordered; costs to abido event. Opinion by Judge
,5luitf vs Tho Delaware, Lackawanna and Woatern
Railroad Company.?Judgment affirmed, wllh coats.
? Ti!e0Pooplu'saBauit vs^M itchsll?Judgment affirmed,
with costs. Opinion l>y J udgo Brady.
1 lie F?ve Points llouso ol Industry Vs. Amonuau ot
ni lmcreo reversed. Opinion by Judge Brady.
kTboU *a Kln?. ?Order modiOod as d.reolcd In
oDiuiou Order horooo to be Bottled by tlio proai'llng
Justice on two duye' none*. Opinion by ['residing
JULymis'iv*' Rosenthal and another.-Judgment re
versed; new trial ordered; c.osta to abide event. Optn
1OHa^,nrga'^Jvi80UUrrwl8ind anothor-Judgmeut
allOUMo'ot ?uU'va Burling?order'affirmed without
C?Muitor,1 '.ku'" ol'^uffilf.?Order affirmed without ooeta
^Wooil and unolhor va llulo ol al. ?J udgmont affirmed
with co-is. Opinion by Presiding Judge Davis.
I ho Hi. Nlcholue luiuraueo Compuuy va lno Mer
chuuis'Mutual lnsurunco.?Judgiuont and ofdor re
vorsed, now trial ordered, oosts to abido event.
UTho0l%opltUexg^eL*riiol,,i'late Glass Company va The
Commissioners ol Taxes and Assessments.?Assoss
munt sirlckon Irom tlio rolls and the tux oaucellod,
without oosts to either party. Opinion by Judge
^Tho Hebrew Bonuvolont Orphan Asylum va The
Mayor, Ac.?J udgmont affirmed, with oosts. Opinion
UVo^ke1'*"l#iehmIdt et al ?Decree modified as di
rected in opinion. Opinion by Judge Brady.
D,iscol? Ao.. va The Mayor, to?Judgment and
V.11H
^iLluiiu'v* ?JuilameD. aornMd.
Tr.W?i cr
nanv-Order affirmed, with $iu coats, besidoa dis
bui aemonta Opiuion by Judge Daniela
Manor ol Iteyiiolds, to?Order affirmed, with costa
oi.uiion by Presiding Judge Davis.
MoGiirn, Ao., vs. The Puoj.le, ta-Conviotton and
pay moot affirmed. Opluiou by Prosidlug J udge Duvia
* liy Presiding JuUge Davis and Judge Brady.
Hull vs. r^chlesKlugur.?Altnobiuout vacated
gib COSIH. besides dishursemonts und $lu costs of tUo
Court below. Opinion by Presiding Judge
Rosenthal va Dessau.-Oruor reversed with flO
costs and disbursements. Order to bo nntorod grunt
iuk motion below on paymont ot $10 coats or opposiug
aime and $10costs to doieudaut Dessau lor proeoou
lugs alter notice und boloro trial. Opiuion oy 1 ie
81 WooieyKva.Ui?rown.?Judgment reversed; \r'ul
ordered; coats to abide event. Opiuion by I residing
JuaM0llvPr?lding J udgo Davis and Judge Daniola
Hanoi l et ui. vs. Ooellet ai. ?Order revorsed. Of dor
outerod ue diroeted In opinion. Opinion by Judge
UTim People cx rel. McKoue vs. (irocn Ac., and
another ?Order affirmed, with $lu ousts, busidoe dis
bursements. Opinion by Presiding Juugu Davis.
f.iiL va I'lllauy?oruor reversed, with $io costs,
besides dishursemotits. Motion tor roiiTonco donled,
With $10 costs, opinion by Presiding Judge
Moulton vs. lluecher.?Order affirmed, with vlj
coina ?nd diabursemuuta Opluiou by Presiding Judge
'"nor'ss va. MoLarty?Judgment reversed and new
triul ordered, with costs to abide evout. Opinion by
*'Druilhurst^' Towusond etal.. Ac-Ordor reversed
witn cosis. liemurror sustained. Opiuion by Judge
" tlie'p'oopis, Ac., cx roL Connors, va. Rellly.?1Certi
orari und habeas corpus dismissed. Relator reliiaitded.
Opinlou by Presltllug Juogo Davis,
lly Presiding Judge Davis und Judges Brudy and
U.iUinla
Albrecht vs. l'ell, Ao.?Judgment lor defendant on
ease submitted. Opinion by J udgo Daniels.
Cru\ und uiiolhsr vs. t'hu Coutral Railroad Company
o .Now Jersey.-Order denying motion tor new trial
reversed; motion granted, wllh costs to abide evoul.
UP\t"l!uon^v*!U6pniig??Judgment affirmed, wllh costs.
Opinion by Judge Davis.
SUPltfcMK COURT?CIIAMDEIUJ.
tly Judge liarrott.
Chnso vs. Chase.?Order granted.
DeuiWu vs. i ho Niiw York auU Rosettale Lime end
Couiont Company.?1 think tlie appellant should fur
nish a bettor surety than the onu objected to.
Ward vs. Ileuils.?bran led, but provision made for
public notico and lor uolico to the dvlctidaiits.
Flaherty vs. .Murray.?Motion to conlirm referoo's
report and lor judgment grouted; motion to compel
the li.llig ol tho tostiuijoy dcuiuil.
I,old vs. Dusuubury.?Motion grunted nod roferonce
ordered.
The Williamsburg City Kiro Insurance Company vs.
Austin.?Motion denied In uil Hn parts with f 10 cost*.
Mnrley vs. I ho St. Louis, Iron Mountain and South
ern Railway Compituy.? Motion domed (and n? llmao
pint ions With regard to thu details ol pleading are not
encouraged) with $10 coats.
Iluddjti vs. Tho St. Louis, Iron Mountain and South
ern Railway Company.?Motion domed with $10 com*.
Our motion ca.uudars nro suincieiiiiy crowded trim
applications ol real moment not he rendered entirely
Impossible by motions of tins description.
Robinson vs. Too St. Louis. Iron Mountain and
Southern Railway Company.?Motion donind with $10
coals, tinrdly any answer under tbe decision ol tho
Court ol Appeals call be stricken out: does not enrour
ago motions to strike out Irrelevant and rodundaut
matter unless It Is aotncthiug peculiarly scandalous
llurrcll vs. Kooncr. ? It is iinpo-sibie to KUurutitoo
that il tho Judgment he opened the plaintiO will not
havo tlie lionelii ol theaeeui tty winch he thinks he lien
omauicd 10 the court*ol 1'ennsylvaolrt. Il this Judg
ment hIi<>ii 1*1 he opened on condition that the proceed
ings in Pennsylvania should stand as security, the
court ol that Huiie might disregard the condition, sod
the plainltll might lose the boucllt ol ull ho has done
there, si d that oy the tucie opening ol tho Judgment.
Ile'o II might he otherwise, but II would bo uulair to
sunjcct tbe pluiulitl to any such risk. It would bo dif
ferent II we hud cuutroi over the other proceedings.
L'pon the whole, nud In View of the undoubted laches
pi tne nelubdant, he ought not to bo permitted to come
in except upon giving security lor tlie claim. If wo
?noure the pluintifT here he Will not be projoillced by
liio loss ol his Pennsylvania proceedings, and yet the
uelvndaut will havo a day lu court. Tho motion,
therolore, may be grunted upon tho paymeut, within
ten day a, ol tho costs of the Penney ivanis proceedings
and ol ibis cause to date, and $lu costs of this motion,
and upon tbe defendant furnishing within the llko
lira* a bond with at la art ona (food aurety to pay what*
over mm tbe plalniifl may rooovor heroin.
Tho Ixiud should bo in tbo amount ol tho preaout
judgment and tnc aurety must (uuily ou notice.
Otherwise the motion is domed with costs.
By Judge Donobue.
Gano va McConu; .Sitnmousvt.Simmons.?Granted.
Potts va. Tbu Delaware, l.acituwatiua and Weatorn
Railroad Oompuny.?Memorandum.
Matter or l'angburn.? GruntoU as modified.
Honarix va. ileudrix.?Decree ol divorce granted
and custody ol child awarded to plalutlfl.
SUPREME COURT?CIRCUIT?PART 3.
Dy J udge Van Kraut.
Beck va. Von Wugenon.?opinion upon motloa for
now trial.
SUPREME COURT?SPECIAL TERM.
By Judgo Van Vor*<t.
I.ynqs. ifcc., vs. Malhows, Ate.? Requests by do
fenduut disallowed.
By Judge Van Brunt.
Colby vs. Webster.?Buuacomb to necessarily en
titled to ba heard beloro bis rights If auy are passed
upon ; e ven it the di-lenduut should succeed In the
action or bo defeated, bo Would bo liable to uu action
lor the sumo subject mutter upon the part of Duns
comb. The uoinurrer must, therefore, bo sustained.
I'laiutiii to be allowed to amend upon tbo usual terms.
(farmer vs. tiurnlcr.?I do not seo any proof ol
servico of soitiutneot ol issue.
Kurlu vs. Uainmond ot at. ; liuldwin vs. Uerrlan; The
Hurtlord and New York .Steamboat Company vs. Tbo
Mayor, Ate.?Opinions.
G rubor vs. Juutor.?Order settled and signed.
Dryau el al. vs. The Piiofl Belt Company.?Order
granted.
Schwartz vs. Suuiucl ot al.; Met/, et al. vs. Burtioy
ol ul. ; Waring vs. Soinborn; I.ovejoy vs. McCorinack
el mI.?Klndlugs uud Ueiifuc signed.
Veiiler, Ate., vs. Brown, et al.?Finding! settled and
signed.
COMMON PLKAH?CHAMBERS.
By Judged, F. Daly.
Woolrey va Jones.? ltsioronee ordorod.
Wilson vs. lbuc.? Mollou grantod, with $10 costs.
Morris vs. Morris ot al?Motlou grunted without
costs.
Doomln vs. Morrison.?Motion grouted without
costs.
Welt va Blair.?Judgment on plaiutltT on stipule
tlon.
Bollywood vs. Hollywood.?Dlvorcs granted. .
By Ohio! Justico Duly.
Applelo? va Mudget Sou decision.
Appletnn vs. liulub.?Seo opinion.
The Hazard 1'owdor Company vs. McCarthy.?Mo
tion denied.
Tbo Now York Juvonllo Guardian Society va Roose
velt.?lie loronce ordered.
COMMON PI.EAR?OENBHAL TERM.
By Chief Justice C. P. Daly and Judges Larremoro and
itobinaou.
Chalmers vs. Hliobcock.?New trial ordered. Opin
ion by Judge Daly.
Mutter ot O'Neill.?Tho prisoner having been sur
rendered, put upon trial au<l a nolle prus. entered, the
motion is granted. Opinion by Cbiol Justice C. P.
Daly.
Mutter of Koch.?Fine having boon remitted by tbo
Court, the motion granted. Opiuiou by Chtel Justloe
C. P. Duly.
Davidson vs. Bloomer.?Judgment revorsotL Opin
ion by Cbiof Justice 0. P. Duly.
MARINE COURT?CHAMBERS.
By Judge McAdnui.
Coffin vs. Koppvl; Hess va Durant; Mora va Leo
pold; Waddy vs. Coney; Scott va Watts; Wcstbtlmcr
va Block; Morris va Block; l'sluier vs. Straua? Opin
ions lilod.
/.clinks va Kruskepf.? Order settled as filed.
Digelow va Solomon.?Doolsion Hied.
Uoid vs. Price; Adams va Perkins.?Five per oent
allowance grunted.
Sunderland va Couklln.?Judgment for StJAl
so I berg va Covert; Borwiu va. Allou; Smith va
Brounun; Poittgrow vs. Texido; Cotty va Wullroth.?
Minions grantod.
Wuguer va Gross; Force va Urlswold; Kellos va
Uriswold.? Doiuulte.
Woodruff vs. Martin.?Security for costs ordered.
Kilan va Hogau (two cases).?Substitution ordered.
Fabor va Solomon.?Mollou granted conditionally.
Draper va Heilcnsloln et aL? Motiou to vacate at
tacbtnent granted as to defendant llellonsteln and do
nled us to dofondant Stcvena No costs.
Iluut va Wolf.?Proceedings dismissed.
Hacked va Dowliug.?Dofault opened on payment
within live days ol $12 costs, and cause restored to
culendar.
Kotnbaok va Koeblor.?Motion for robsartng denied,
without costa
Carrol vs. Connor.?Taxation affirmed (4 WuodolL
201; 10 Abb., 108; 0 How., 26s; 0 lb., 80; 4 Hill, 640).
GENEllAL SESSIONS ?PART 1.
Oeroro Rccordor Hackett
CHAROE AGAINST AN OFFICES.
Joseph L. DuVls, a police officer ot the Ninotecntb
prcclnot, was placed ou trial ou an Indteiment oharg
tug blm with an assault and battery upon one James
Mullltl, of No. 023 Kast Forty-seventh street, in
August, 1876. The complaluunl staled that tho officer,
Without any cause, on tbe night lu quostlon committed
en uujuetillublo assault upon bim, and struck him two
blows on tbe head. Tbe prisoner's counsel, Mr. John
U. Molt, cross-examined tho complaluaut, and elicited
from bim that be bud been arrested on aoveral ou
casions, tbo chance being from disorderly con
duct up to robbery. That on tbe occasion in
quostlon ho was qnlto drunk, and that ho
had had trouble with tbe women living next
door, and bad chased some of them through the
streots at tbo hour ul ouu o'clock at night, uud that
upon the officer's attempt to arrest him be hud tried to
stab the officer with a knile. The dciendaut stated
that be was called upon to arrest tbe ouitiplainant, aud
in tbo cflort bo followed blm Into tbe ball, and thut
the complainant drew a knlle nod made elforts to slab
blm. lu order to preserve himself from being stabbed
bo struck tbu oomplalnaut tbe blow complained ot
Nome turoo other witnesses corroborated the state
moots of the officer. Mr. Molt said tbero were sevoral
more witnesses who saw the transaction then In court,
but Assistant District Attorney Boll said It was not
worthwhile to croud uuy titoto titna upon'llie case,
and the Recorder Ahargod tbo Jury that tbo testimony
was wholly Insufficient to warrant a conviction, Out. on
tbo contrary, showed that tbo officer w as entirely Jus
tified in what he did. Tho Jury acquitted the dofond
ant, and be waa discharged.
AIDINO A PBISONEB TO ESCAPE.
Frederick Waller, of No. 30 Third avohOO, was
churged with having committed an assault upon Ofll
cor William Moaktn, of tho Fourth precinct, while be
was lu the act of arresting a burglar la a saloon at tho
cornor of Filth street and tho IJowery. Hy too inter
ference ol tUo accused tho burglar escaped. Waller
pleaded guilty to tho churge ol atsuull und was lent to
the Penitentiary tor tbo term ol threo mouths.
HTI.AI.INa A WAGON.
William Edwards, Edward Leonard and John
Suhimdl wore charged with stealing u wugon, the prop
erty of John L. Waelou, ol Jorsey City, on tho 10th
Inst. Tho caee went to tho Jury uud tho prisoners
wero found guilty, and ibu Itecorder sentenced them
for the term of tour years and six months each iu tho
Stale Prison.
PLEtB AND SENTENCES.
Ilobort Green and Koto Kolley, Jointly Indicted for
tbo lurcony ol u gold watch of tho value ol $430 und
|J0 lu bank notes (ram ilia porsou ol Carl Huwsou,
at No. 54 Wost stroot, on the KOtli of April, pleaded
guilty, anil Croon alio pxmded to having oomuilttcd
a felonious assault ou lluwsnu at tho time of tho
larceny by shooting him with n pistol, tho bullet
peuetrutlng Ills body sod indicting serious Injury.
Green wan sentenced to ihc Statu l'ronu lor ni'o
years, ltoso Kellcy was sotit to the Penitentiary lor
throe years.
Michael liughos, en u pleu ol burglary In tho third
degroo, was sent to the statu Prison lor ono year.
GENERAL SESSIONS?PART 2.
Deters Judge Sutherland.
CIUCULATINO FAI.SK lttJMOIifl.
In the ease ol Georgo F. llrown and Edward Stork,
whu are Indicted lor circulating (also rumors with rol
crencc to liio Delaware and Hudson Canal Company,
Assistant District Attorney Lyon, who appeared lor
the prosecution, Intimated that, although tho trial
was ou the calendar, he bad not yet bad an oppor
tunity ol examining into tbe details ol tbc matter,
licsldos tbts tbero woro h large number ol prmou
oases which claimed Immooiutc attention ami
which ought to be disposed ol without de
lay. H* considered, however, from tho ehar
ac.or and occupation of onu of the dulondahts,
that the esse should ho iriud as soon as possible.
Messrs. Algernon 8. HUlllvan and J. It. Follows, ootiu
scl lor tho accused, urged that the cases should liu
disposed ol at onoo, and It was dually declod that a day
tio lixod, alter ounsultntlon botween counsel and the
District Attorney.
BODMED WHILE ASLEEP.
Edward llrady, wbo was Jointly Indicted with Joseph
Sells robbing Nail Patterson, ol Williamsburg, of
the sum of $3 while he was asleep, at tho corner of
Bowery and Canal street, on lbs morning of tho 10th
ol May. wus arraigned lor trial by Assistant District
Attorney Lyon, was found guilty and was scniencod to
the Sluic Prison for tbo lorni ol four years.
THE KNIFE AGAIN.
George Hcbutzor, of No. 434 West Forty-ninth street,
was arraigned charged with lulonious assault. It ap
peared that on the llib of last March tho prisoner was
a guest at Ills bouss of Joseph Lepes/o, of No, 543
Tenth avenuo, wharo a christening was being colo
bratsd. ilo was ejected lor disorderly conduct, anu
retired to the yard. 8ubae<|U0utiy Napoieon Leposxo
wont out Into the yard, where he met the prieoner.
Trie latter singgereu against him, aud he shoved him
down. '1 be prisoner thou drew a kulle and stabbed htm
Hi tho left side, irom tbo olluots of which Lopeuxs was
oolillned lu Hi. Luke's Hospital lor inno days. The
Jury found the prisoner guilty, aud Judgo Sutherland
soul ItIin to the Hist* Prison at herd labor lor the term
of live year a
PLEAS AND BENTKNCCH.
Joaepb Sohuylor, ol No. INK) East Forty-sixth street,
and William Koos, ol No. Mu Third avenue, pleaded
guilty to the ebarge of steeling books and pamphlets,
valued at $40, Irom the Union News Company on tbo
lotb mat Rots vii Mot to SUM Prlaan for una yaar
and Schuyler tor tlx month*
A wall known pickpocket, named Jamoa Dular,
pleaded acutity to the oiiarga of attauiptlng to pick tne
pocket ol Bridget (luouon, ol No. 404 Kan Kourtoontb
ktrout, wtiil# sbo was attending uu auction aalo in ibo
Bowery on tbe 9tb mat. Ho waa aent to Slate Priaou
lor alguteeu months. *
COURT CALENDARS?THIS DAY.
SirKKMX Cocar?COAMiiBHa.?Held by Judge Bar
rett.?No* 3, 10, 3d, flu, 70, 70, 87, 88, 89, 90, 01. Call
I rum No. 00 to No. 136 inclusive.
Sri'uKMK Court?Ukkkrai. Tkkm?Held by Judges
Duvia, Brady and Daniel* ? Noa. 85, 87, 174, 153, 163,
84, 103, 104, 106, 106, 114, 119, 121, 124, 126, 129, 181,
113, 118, 135, 137, 46. 149, 150, 166.
suntkmr Court?Si'ici'iAi. Tkkm?Held by Judge
Vun Drum.? No* 399, 260, 405 , 410, 410, 417, 418, 419,
442, 461, 450. 453, 457, 468, 460, 462, 465, 470, 471, 479,
480, 105, 316, 104. 396, 364, 865, 184, l'Jl.
Sui'kmmk Court?Circuit?l\.rt 1?Hold by Judge
DouoLmo.?Nor. 2719, 3361, 4073';. 4647, 3391,3971,
8071, 3303, 1739;;, 3380, 3413, 3437, 4385, 3481, 4031,
2739, 46383361, 3577, 3009, 3175, 3306, 3647, 4617,
3401, 4825, 3157, 3686, 3272, 3363, 3431, 3331, 3673, 3593,
8519, 2721. Burt 2.? AOJnuroed lor tho term, Part
3.?Held by Judge Van Vorst.? No* 8161,2775, 4303,
148, 2159, 1341>?, 3349. 3006, 11S2, 10201;. 4493, 413,
419, 433. 1710, 05.;, 1798, 4023, 4624, 1362*. 4096>a,
3221. 373, 2606, 2067.
Suvkrioii Court?Gknkral Tkkm.? Adjournod till
tbe tbinl Monday of Juue.
Scvkriok Court?Stkciai. Tikm? Held by Judge San
lord. Cuso on. No. 10. No day calendar.
Sui'kkioh Court?Trul Tkkm?Part 1?Hold by
Clilef Juatlco Curtis.?Caso on, No. 779. No day
cnloudur.
Uommox Pleas?Gkxkual Tinm.? Adjourned until
tlio IIrat Monday ol Juue.
Cottsinx Pi.ras?Kuuity Tkrm?Hold by JudgoJ. P.
Daly.?No day calaudar.
Commox I'i.ka.i? lititL Tkkm?Part 1? Held by
Judgo Vun Uoesou. ? No*. 237. 239, 1039, 1)00, 885,
1135, 70. 699, 425, 740, 1223, 727. 601, 1592, 362. 1251.
381. 993, 706, 1182, 477, 1945, 270, 820, 627. 998, 606,
673, 1163, 1047.
Maiumk Court?Part 1?Held by Judge Sberldan.?
Nua 6010, 0265, 8894, 9550, 8394. 01U3, 8401, 7957,
8875, 89S7, 5413. 6178, 5987, 4781, 8219. Part 2?
Held bv Judge Goupp.?No* 8title, 2284, 6275, 0276,
2334, 8763, 3970, 4089, 6528, 6272, 9439, 6354, 6365,
6360, 6357. Pari 3-Held by Judge Alkur?Noa. 6328,
4644, 6415, 6358, 6365, 0387, 6370, 6371, 0372, 0374,
6376, 6376. 0379, 0387, 6389.
Court or Gkxkkal Skshioxs?Part 1?Held by Kn
corder Hackett. ?1'bo People vs. Adelaide Levitt, por
Jury; Name va. Frauela Huuiphrioa, robbery; Satno vs.
I.udwlg Newaal, luluuluua assault aud battary; Same
vs. 1'rauk CopelHUd, tilouioue assault aud battery;
Samo vs. Daulol Qumlan, lolonlous ussault and bat
tery; Samo va JtihOpb Jobnsou, felonious assault and
battery; Same vs. Walter Ward, tolouious assault aud
battery; Sumo vi. Chariot Claronoe. burglary: Same
va John Brady, burglarv; Santo v*. James M. Tar roll,
grand lurcouy; Same va Margaret Andrews and Eltsi
belli O'Urleu, grand laroeny; Saras va Wiiiium Dun
nana, grand laroeny; Sumo va Mary Qululno, grand lar
ceny ; Same va ltd ward Lawrence, grand larceny; Samo
va Dora Hots, receiving stolen goods; Same va Henry
Craig, receiving stolon goods; Samo va John Kngllsh,
grand luroeny; Same va I'boinn* Km purler, concealed
weapon* Purl 2?Hold by Judge Sutherland.?Tbe
People va Mux Grojlueskl, grand larceny; Samo va
Petor Harrell, lelouloud assault and buttery; Kunieva
Mlcbacl Nooiihu, felonious assault and battery; Same
va John McCann aud Witlluui McHenry, burglary;
Same vs. John Smith and Jobu O'Brien, burglary;
Same vs. Kdwsrd Fnrroll, William Parrel) and Dennis
Crowlay, burglary; Same va. Hanry C. Walters, lalso
protenoea
THE MOULTON-BEECHER SUIT.
In tbo suit of Moulton ugalust Bceoher, now discon
tinued, an extra allowance of $250 waa made to tne
defendant, boaldes tbe atatutorv costs. Prom tbo
order granting this allowance an appeal waa taken to
tho General Term. Tne order of tho Court below is
sustained.
COURT OV APPEALS.
Aluaxy, May 21, 1877.
In tba Court of Appoala, Monday, May 21, 1877:?
>'o. 2. The Children's Aid Bocioty Yd. Loveridge.?
Sat down lor Monday, tba 28lh mat., by order ol tbo
Court.
No. 6. Eisonlord va Snyder.?Upon motion It was
stricken from tbo day calendar.
No. 1. Armstrong va. Tbo l'eoplo.?Argued by Will
lam S. Parwell for plaintiff In error; Prauk Brumluge
for tbe people.
No. 6. llaya va. Miller.?Argued by Mr. Tuppnn lor
appallaut; 8. Hands for respondent. Case atill on.
CALRNDAIt I'OR tuxhday.
Tbo duy calondar of the Court o( Appeals for Tues
day, May 22, 1877, la aa follows;?Nor, 7, 8, 94, 9, 19,
II, 16 and 17. _
MARRIAGES AND DEATHS.
MARRIED.
Bcrr?Arsoui.?Ou Thursday, May 17. by Ilia He v.
Cornelius K. UuMu, I) 1).. Charles Aukii.n ktuy Burr
to Ursula, daughter ol tho laic Cicero M. Arnold.
Btbwart ? Kstasiiook.?At the resldeuco ol Mr. T.
T. Wiorinun, Harrmburg. Pn., on Thursday, May 17,
1877, by Iter. ti. a Mitchell, 0. 0., aaslslod by ltov.
John It. l*axton, Kdwin Stewart, PayinaatorUnited
Slates Nuvy, and Miss Su.tAJt M., daughter of Mr. Ed
ward Eslubrook. No cards.
Dl' D.
Anderson.?Ou Sunday, 20th lost., after a lingering
llluoss, Makv Pahxelkk, wito of Johu C. Audorsou,
aged 30 year a
Relatives and Irteuds are respect fully invltod to at
tend ibo funeral, frotn bar late resldeuco, No, 400 6th
av., ou Wednesday, 23d inst., at ten o'clock A. M.
HAK.SES.-Un Miturilav, Mav lb, at bar late resilience.
No. is East loth au, Au.nks Barnes. widow of the late
Benjamin J. Itarnos, ol tbU city.
Funeral at SL John's Chapel, VnrlcK St.. uoar Canal,
this (Tuesday) morning, at nine o'clock. Relative* and
friends are respoctlully luvtivd to nltend.
Baubett.?On May 10. Mra Mrlexna Uaubktt, only
ehild ol Honry and Caroline Height.
Relatives nod lritiHia are respoctlully Invltod to at
tend tne mucrul, ou Tuesday, May 22, ai two o'clock,
frotn the Cburcb of thu Nativity, av. U, between &th
and (Jib ata
OcHttiHN. ? At St. Jumes Hotel, of pneumonia, Mrs.
Mart Jane i>k Zea, wito ol Daulul Berrien, in tne 60th
yeur ol her age.
runeral services will bn held at St. Ann's Cliurcb,
West lNlli St., oil Wednesday, .May 23, at two o'clock
P. M. Tho 1 rion.is ol ibo family and members ot the
Exempt Firemen's Aeuooiation are respectfully in
vltod to uttoud.
Booth?On Sunday, May 20, Wilms Ciiatvikld, In
faut sou of Wllimtn K. und Mauuah B. Booth, aged 8
mouths and 7 days.
Funeral services at resldeuco of bis parents. 04
Wavcrlcy avenue, Brooklyu, ou Tuesday, May 22, at
two o'clock P. M.
Bursa ?un Monday, 21et Inst., Jams* Burns, In his
77th yenr.
llciativcs and fr'ouda are respeoilully Invited to at
tend ibo luneral, trotu 03 King St., Wodnosday, 23d
Muy, at two P. M.
Caret.?Ou Hsturdny A. M., Henry Duhmt, sod of
11. H. Casey, lu lbs 27ib year of bis ugc.
Funeral service* will bo bold ut Hi. Francis Xavier's
Church, in lfilb st., ou Tuesday, at ball-|Msv nluo
o'clock. Relatives und friends are respectfully in
vited to attend without otbar notion.
Cromwell ?On Suii'luy, May 20, Wit.max W. Crom
wei.i. in ihe 33d your ol bis age.
Relative* anil irlends ol tho lamlly are respectfully
Invited lo hi lend the funeral, Ironi Ins late rc*ideiicu,
33ti Kast 2lib St., on Tiusduy, Muy 22, at two o'clock
1'. M.
Bonnmi.i.y ? lu Williamsburg, Monday, May 21,
Catherine Donnelly, In the 46th year ol Iter age.
Funeral to take placo Ironi her late residence. .70
Mouth 6tli, H. 1)., May 23, at two o'clock P. M. Rel
atives uud friends am, uiVllsd to ntlcild lbs luncrul.
lis Houmisoi'. ?Suddenly, May 20, Lewis Us Koun
pkoi. aged AO.
Funeral Iroin hi* resl.leuco, 148 South 4111st., Brook
lyn. K. D.t 'l uostluy, 21M, at two o'clock.
Db N.wA.tito. ? On ."-unday. tlm 'JUth mat., after a
ebon Illness, Jomx Dtkkiih. oldest sou of Joso Fran
cisco ami K lion A. By kars de Navarro.
A requiem urn's will be cuiebratcd at SI. Ann's
Church. 121b sb, but ween 3d and 4ili itvs., on Wedttus
day, 33d lust., at half-past ulho A. M. Relatives nuU
friends are ro=?|??JCtlullv invited to attend.
John Dykors Us Navarro, the eldest of Josd 1".
do Navarro's throo sons, mcd at his home, Wash
ington plate, on the UUth inst. His beautiful iiio
closed at tbo cany and tender ago of eigliteou
years, Kspocinlly litvorod, both by birth and educa
tion, ho possessed all those noble and uiunly qualities
winch guru 11 most marked luluess ami symmetry to
h s character. From hia luthur, a descendant ol a'uis
ilnRUheU ttpauiali laiuily, ho luhoritod that dolloale
courtesy, that gallantry of bearing, ?Inch at once won
the unbounded admiration of all those with wootnho
a?>ooiate h From hit mother, a duughler of the late
John 1L Dykers, a doscsnuaut ol tbo Dutch
nook ol New York, lis inherited that fidelity
and adherence to right, tlutl llxuduoes und
stead fastness Of purpose, which guvo u pe
culiar richness anu atainlity to his characior.
His education begun nt uu early day and was con
ducted wholly at homo under thu direction ol bis no
ble and- highly accomplished mother. Anu although
hts llle oxtrndwl over the brief space oi otgbloeu sum
mers ho hud nearly completed 11 very broad and lib
eral education. He had already become a superior
linguist, a lino musician, and his Knowledge of the
?clnticos and nltalumeuts in literature wero fully equal
to those attained by collage graduates. Abovu'nil his
tnorul qualities were most noticeable and worthy of
emulation. His greut desire to booomo a good and
true christian m iu shone out on overy occasion and
became the leading and most prominent inconlivo in
his every effort. Duly those who have soen him iu
his norne and have felt the quiet, awnot
uiiluencu which ho constantly sod almost iiupereeptt
bly exerted over bis younger brothers and parents
know bow pure and unsoitlsh were all his thoughts
and motives; how, Id svsry act, there was an uuaf
looted nicdusty, s childlike alugleuoss of hssrb He
had a hoble and laudable ambition, with high aspira
tions, und had his ilto been spared ht undoubtedly
Would have won lor liltnaoll a poailloh in the world
which would huve brought credit to bitnaall and re
flected honor upon Ills latnily. AH who kuew him,
and particularly the Cutholio community ol New Vers,
rill mourn his death and deeply sympathize with the
halo at
bereaved family. May Hod help aud sustain his pu
routs in their great allliellon, who loved him so dcar.y
aud wuiohoa over bun ao toudorly during his short,
but happy llle.
Drumxoxu.?At Eatontown, N. J., on Saturday, Huh
task, tt the rvsluencs ol her brother Hubert, Mies
Catmshinr Dhumronu, id her 73d yoar.
Funeral soi vice on Wednesday, the 33d lost., at one
o'clock 1'. M.
Dcrrv.?Oh Sunday, Xsy 30, Jon* Dcrrv, aged 40
yours, a native of tbo county Monsgbub, Ireland.
The relatives and friends ol the faiailv are reaoeoU
tuny invited to attsnd the tonerel, from hie let# rest
dense, No. 1.067 2d uv.. on Wedneadey morning, 23d
last, at hati-imsi eight precisely; thence to ml
Bridget's Church, corner el nv. B and 8th el., where
a solemn high uiaee ot requiem will bo offered up foi
the roposu of hie >oul.
Ewkn.?lu tble olty. on Bstardey, the loth lnst..
General John K*rns, In bin 07lb year.
Funeral will take place Irom his Ists resldenoe, k's
3 Kast 48th eL, ou Tuesday, the 22d Inst., at two P. M.
Relative* and Irlends are reipootlulljr invited toetteud.
Fkisdokvkk.?Do Sunday, Muy 20, Bsrtsa, widow
ot the late Moses Frlsdorfer, In the 87th year ol hoi
age.
Relatives and friends ero invited to attend the fu
neral. irum her luto residoneo, 103 Kast 00th at* on
Tuesdnv, May 22, at nine A. M.
(ill.mors.?On Saturday, May 19, at Summit, N. J.,
Jacob Gii.nokk, sou ol John and Maria Glimore, In
the 33d year ol his ago.
Relatives and I'rionds ol the family are respectfully
Invited to attend the luneral irom the Memorial
Church, corner ol Wsvsrloy place and 11th St., on
Tuesday, May 22, at two o'clock P. M.
Gkohjkax.?Suddenly, Chaelbs Gsosjbax, aged 9
years.
Uelatlvos and frlsnds art Invited to attend the lu
nornl. Irom 92 Norinan av., tireenpolnt, on Tuesday,
May 22, nt two P. M.
Hawks.?May 20, Solomox Hawks, aged 02.
Punerul this day, at two o'clock, Irom his residence.
621 Weet 49th st.
Hkxxkssv. ? On Monday, May 21, Mary, tho beloved
wiio or Charles Henuossy. e native of Osstlotown
Roach, county Cork, Ireland, in the 62d year of hor
age.
Koqnleeoat In pace.
Tho relatives and friends of tne family ars respect
fully invited lu attend the funeral, Irom her late reel,
douce, 29 Madison st., on Wednesday, May 23, at half,
past ten A. M., lb unco to St, James' Church, James
st., whero a sulcuiu mass of requ'.om will be oilered up
for the repose of her soul; thenco to Oil very Cometory
for inicrmont, ut ooo o'clock.
Hkk.nm.-Ou Monday, Muy 21, Margarbt, the wile
of Putrick Home, In tne S8d year ol her ago.
Her rolutlvoe and frieuds aro respectfully invited te
attend tho funeral, from her Into residence, 342 3d av.,
on Weduosauy, Muy 23, ut two o'clock f, M.
Hkudkr.? on Sunday, May 20, 1877, Niciiolas D.
Hi.husk, in the Q7H1 year ol bis ago.
Funeral sorvlcos will ho held at hie late residence,
No. 61 West 130th si., Tuesday evening, May 22, nl
seven o'clock. Relatives and frlonds are invited te
attend.
Frieuds are requosted not to send (lowers.
Jacoiibon Suddenly, on Sunday, May 20, Inst,
Mart A. Jacousox, only daughter of Mri 8. a. Jacob
son
Relatives and friends are respectfully Invited to at
tend the funeral, Irom her luto rosldence, Clifton, 8.
I., on I'uosday, 22d lost., at two o'dlock P. M. Car
riage* will In waiting at Vanderbllt landing on the ar
rival oi tho one o'clock boat from tba city.
Kipi'ix.? on Sunday, May 20, William Kivwx, In the
07 th year of his age.
Relatives and trionds art respectfully invited to at
tend the funeral, from tho residoneo of his dnughtor,
Mrs. Andrew Johnson, 402 Wast 32d sL, on Wcdnes*
duy morning, at leu o'cloo^j
KRxxsnr.?William H. Ksxxkdy, late osptsln of
Bteaiuship Clyde, Monday, May 21. 1877.
Funeral Thursday, 24tb May, 1877, at half-past throe
P. M? Irom his lata roBidenoe, 198 19th it, Brooklyn,
Rolatlvos and friends una munibors of Greenwood
Lodge, No 600, P. and A. M.; Greenwood Cnapter,
No. 285, R. A. M., and Clinton Commandery, No. 14,
K. T., qro respectfully lnvltod to attend.
Makkkxh.?Killed, ou Suuday night, May 20, by an
accident on the Erie Railway, ut Dunkirk, N. Y.,
Hkxry Mauksxs, in the lotn year ot bis age.
Martin.?On Monday, tho 2lst, Axurkw J. Martin,
aged 40.
His relatives and friends are respectfully invited to
sttoiid his funeral, on fliursduy, tho 24tb, at half-past
one P. M., from the Whiton Street Methodist Church
(lato Laiayotte), Jersey City.
Mookk.?un Monday, May 20, Jacob S. Moons, in the
071 h year of his age.
Relatives and friends are rospocttully Invited to at
tond the funeral, trom his lata residence, 217 West 21st
?t.. on Tuesday, 22u inst., at two P. M.
Murray.?On Sunday, May 20, Patrick Murray, st
his residence, 180 Kast 47th sL, In the 48th your of hll
age, u auttvo ot Tullow, County Carlow, Ireland.
A solemn moss of requiem will he held at St. Agnes'
Church, 43d st , near 3d av., 10 A. M., Wednesday,
thoneo to Calvary Oomotery. Relatives and friends
are lnvltod to attend.
McCullough. ?On Friday, May 18, Alida, wife of
Jamus McCullough, In tho 74th year of her age.
Fuuoral services at hur Into residence, 684 Lexing
ton uv., on Tuesday, 22d mat., st eleven o'clock A. M.
Relatives and friends are invited to attend without
lurthcr notice.
McNikkxv.?On Monday, the 21st lost., at bis lata
rejidenuo. No. 369 West lUh SL, Owrn F. MoNikhxy,
aged 41 years.
The relatives and irlends of tho family, also those of
bis brothers, Right Rev. Francis and James L.
MoNieruv, are resprotfully Invited to attend bis
luneMl, on l'hursduy, the 24th insL, Irom St. l'atriok'S
Cathedra), at ten A. M. a
Nichols.?Suddenly, on May 19, at bis ri^idence,
658 Hudson St., J. Eixiak Nichols, aged 38 yours.
Friends and rolunvos aro invited to altood th<
funeral, from his latu residoneo, Tuesday, 22d, at twt
P. M.
O'Hrikn.?On Hunday, May 30, Mart O'IIribv,
rel'.ct of i'oiclck O'Brien, native oouuty Cork, Irolund,
agod 75 yours.
Tbn irionda of tho family arc respoetfully Invited to
attend tho funoral, tble day. May 22, at one o'clock
proowely, from her late reaidonce, 348 Elisabeth
b treat.
O'Nrii On Sunday, May 20, after a long Illness,
Mrs. O'Nkil, the beloved wuo of Edward O'Null.
The Irionda and acquaintances are Invited to attend
the funoral to-day (Tuesday), at two o'oloelc P. M.,
from her late rexidcuco, 123 West 10th st.
1'almsr. ? At Boston, Mass.. May 18, 1877, Sahar
Williams, wile of William L. Calmer, and daughter of
the Into Kpbralm Williams, of Stooington, Conn.
The lunurni at Stonlngton, Conn., Tuesday after*
nonnpMny 23,'1877.
I'kahsali.?8uiurdoy ovsulng, May 10, Boddih,
youngest daughter ot Alva A. and Mellnda Psarsail,
aged 4 yoars, 2 months und 2 dnj'B.
Funeral services ot the rastdunoo of bar parents, Mo.
0 f J mi soli place, Brooklyn, on Tuesday, 22d lust., at
four P. M.
1'oKrKH. ?On the 10th Inst., Julia Ikauklla, aged
87, wife of William Porter, M. (>., and daughter of tb4
luie Horace Williams, Esq., of Kasl Hartford, Conn.
Services at the Now York Institution for tho Deaf
and Dumb, 102q Hi aud lot It av., Tuesday, May 22, at
uiuo o'clock A. .V.. lutcimont ut East liurilord.
Trains loavo 80th at. at 7:55 A. M. Monday and
Tuesduy.
Post.?May 1, on board steamer Villo do Parts, on
her outward voyage, and burled at sea liny 3, for has
W. POST, of this oily, in tbu 83in year ol his ago.
Kkyxolds.?Corn ilia A., wtlo of A. W. Reynolds, la
the 4Ulh yeurol her age.
Funeral at two P. M. Tuesday.
Kkdwooix?-At Paris, France, on Sunday, the 8th
Inst., Mauuk A., widow of tho lato J. W. Kenwood, in
thStSOth year ol her age.
IUi.yka.?On Friday, the 18th Inst., Louisa A.,
Widow oi tho Into George ltelycu, aged 00 years.
Ihs funeral will lako place from ths Church of lbs
Tnnailguraiiou, East 30th at., on Wounosday mornlug,
at ton o'clock.
Kilk.?Saturday, May 10. 1877, EniTn, only ohlld of
Henry K. and l'riscilla Hllc, aged 8 months
and 30
dare.
Funeral will take place from the reaidonce of her
parents. No. 10" 93d sk, on Tussday afternoon, May
22, at two o'clock.
Kick.?Mayrii Kick, on Monday, May 21, at two r.
M.. ugoil 00 years.
Funeral to' telco place at his Into reaidonce, 148 East
14tn st., on Wednesday, May 2d, at two P. M. llsla
lives aud friends are invited j Malmondes llencVolenl
Society ; Knhohot Lodge, I. O. B. Ik ; Centennial I.odes,
1. U. It. B.; Metropolitan Lodge. I. (X t. 8. of Lj
Daniel Webster Lodge, I. I). V. P. off.
ltaiirsNsTKi*?At Jersey City, on Sunday night,
May 20, Mr. Jons Umoiiou W. Kkifmrstmik, in ih?
doth year ol his age.
The funeral will lake place fToin his lats reel denes,
2d(l Montgomery sk, to ML Marlt's Church, at threl
o'clock P. M., Wednesday, May 23. PrtohdS are lb
vited to attend,
t.'suada psncrs plcaso copy.
Bavaub.? Alkxabdkr Bay abb, on Buadsy, May 20,
1877, In the 72J year ol his age.
nif
Friends ot tho tamily invited to attend the tnncral,
ot one o'clock, Iroin bis tats reaidenco, 77 West dd it.
without further nutlce.
New Jersev nepers please copy.
BmcMTRR on Sunday. May 20. 1877, Sophia Sohi.s
thh, wife ol William Schuster, and daughter of John
Kmgidmanu, Sr., ugod 27 years.
lielulives aud friends of the family are respectfully
lbvittd to attend tho luuural, on Wednesday, May 23.
trom hor luts rcsidenoo, 11 av. A, at half-paat on#
P. M.
Stkr.n.?On Sunday evening, May 20, after a very
short Illness, our well belovud mother aud mother-In*
law, Marias* l Htkb.y, 02 yours old.
The funoral wilt laau place Iroin her lato resldenoe,
214 Washington ?L, Brooklyn, this day (Tuesday), at
two o'clock P. M. Kelatives and friends of the family
are cordially invited to attend.
SMITH.- IhAIIKI,LA "IIITII, Widow Of the lStO MlOSrd
Smith, at bur late resldoiice, No. 403 Court St., Brook*
lyn, in the 4SUi year of her age.
Funeral will take place on Tuesday, 22d Inst., from
the Middle Kelormod Doich Church, corner of Tomp*
klus place and Harrison St., at halt-post ono P. M. No
flowers.
Stswart ?(In Sunday, 20th task, Malcolm Stkwaht,
aged 49 years uud 11 mouths.
Ituintivta and friends of the family and tho mombtra
of i'oiar siar Lodga. No, 246, F. and A. M., are re
spectfully luvlted to attoud thu funeral, from hia lato
restiienco, No. 84 av. D, on Wodnosuay, 23d I nek, at
two P. M.
I'ottR Star Louuk, No. 946, F. aho A. M-?
DrkthrkB?You are hereby summoned to attend a
spoolsl oominnnicailon of tue lodge, at their rooms,
118 av. D, on Wednesday, 23d Inst., at one P. M., to
nay the last tribute ot respect to our deceased worth/
brother, Secretary Malcolm Stewart.
SMITH H. MKKHITT, Mater.
Jos W. Sivairb, Anting Hecrotnry.
Whits.?Ou Saturday, May IB, at Piermont, on the
Hudson, Gkorub Whits, formerly of Now York and
lato ol Brooklyn, in tho lild year of bla aget
Funeral will take place on Tuosday, May 22, at halt
nasi elsvon A. M. Kelatives and irionda nro respect
luiiy invited to attend the fuoeral, without farther
uoticu. CarrlAgoa will tie In walling at Bparklll atatiok
on arrival ol 9:46 A* M train from Chambers street)
by Northern llaiiroad of New Jersey.
1'olar Star Ludum, No. M6, F. amb A. M.?
Bhktiiukr?You are hereby summoned to attend h
special comiuunleation of Polar Blnr Lodge, No. 241,
F. und A. M., at their rooms, 118 av. 1), on Taosday,
22<l luik, at ball-pat! eight A. M. sharp, to puy mo
lasi tribute of roapeot to our dueuaaod worthy brother,
Csofge White.
The remains will be ttlerrud ot Nyaek. Trains leave
foot ol Obamhsra ak at 9:46 A. ML
SMITH 8. MJtKKlTT M-Si-O
Jog W. Swauib. Acting decretory