The New York herald. [volume], June 19, 1877, Page 8, Image 8

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

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THE COURTS.
Stating the Law of Right to
Light and Air.
JUDGE FKEEDMAN ON CONTRACTS
A Few Pertinent Remarks on the
Instalment Plan.
THE HKALTH BOARD PENALTIES.
Wtlliaoi 0. .^blpinao, u assignee or W. B. Duncan,
y bo owned an nerval la the premises No. 1 KiXtn ave- !
ljun, broiubt a suit against Nathan t*. Beers, the l
owuer ot No. 3 Filth aveuae, to liave him restrained j
Jrom so Miiding oa bis lot as to obstruct the light of
Bide windows in the building No. 1, overlooking tot No.
B. Judge Barrett rendered ? decision in lavor of tho
de'endant yemorday, and In a brief opinion elate* vary
clearly the law ou a subject ol much luterett to prop
erty owner* as lollows:?
"It is con.ccded that, as between adjoining owners
who are strangers to each otlier, one doos not, by
building on the line ol bis own ground, acquire a right
to li^'lit irotn bis neighbor's ground. It is claimed,
however. that If both proprietors obtain tbeir title
lrom a common source, the time gTuntur having con
voyed tbo tenement with windows to one aud ihs j
ground overlooking to another, the windows cannot be 1
obstructed. Tins claim is based upon tie dicta of
Judge Selden, in i.*mpmau vs. Mills, 21 N. Y., 60&,
and it certainly :s favored by Messrs. Tjier and Wash
burn in their treatises. lne weight ol authority, how- I
ever, in this State is decidedly tbo other way. The
precise point w,.s discussed in Myers vs. (jrimmel, 10 j
iJarb., a37, unit it was there held thai tbe landlord
might Uwiu ly darken or stop tbo window* by ;
any erection on tne other lot; that such uu !
act was not iu derogation ol bis own
grunt, and that he could not bo restrained by tujuuclion
lrom so doing. So, in Palmer vs. Wettuore, 11 Sand., ;
31 tt, it wus uecided that a luudlord Mho owns a lot j
udjoiniLg iho uemised preimsos has a right to build ou
luch land, though ho ruay thereby obstruct aud ,
darken the wiudows in tbo tenement demised. (Jhiel
Justice O.ikley sajd that il this were not so me land
lord would be deprived ol the lull bonelii ol his own
property. 'We perceive, ho add.-*, -no reason why a
landlord, in respect ol bis tenant, is more restricted
us to his vacant lots than he would lie in respect of
ituy oilier o*uer lor yeais or lou ol an uUjuceul
bouse.' lu IJoyle vs. Lorn, 84 N. Y., 4U9, these cases
wcru approved of by Judge Kurie, who obeervod
that 'under these authorities, ll iho lessor had sold
the store aud lot upon which it stood, tlOx.il leet. Hie
grantee would have taken no right to light and air
lrom tbe balance of tbo lot. In tbai case, the grantor
could bave built upon the balance of the lot and thus
have darkened the windows in the store, without vio
lating any rignts ol thu grantee.' The same rule now
appnes in Massachusetts lu tbe case ol Keats vs.
llugo, lio Mass., ao4, it was explicitly held that the
grant ol an e.tsomeiil ol light and air is not implied
lrom the grant oi a hou?e baviug wludows overtak
ing laud retained by the grantor. 1 he ca.-*s
o! Kilmer vs. VVetuiore aud Myers vs.
Urimtuel were cited wun approval, and the
<nctu ol Justice Selden in Latnpniau vs. Mills rejected
?s obiter. It is irue that the question is one ot intent,
hut iu the aust'nee ol any covenant that Is not io be
presumed irmu the mere existence of the windows.
Such intention most be evident uud palpuble, turn is,
lrom mere inspection, as in the Jituncey court illustra
tion r lerrcd to in *M>ers vs. Uriuuiel. The initial to
limit the u?e of a vacau. space wili not be lightly im
plied. lu the case at bur the intention to aflord No, 1
Film avenue the Advantage ol these addiuouaj win
dows ouly until It becaftie convenient to build upon
tbo adjoimug lot in as lair a presumption as that
claimed uy the plaintiff. The logical result ol tbut 1
claim is that iu cuso uo building at all had been {
crec ed on No. 3 Viiih uveuue aud windows in the |
northerly wail ol No. 1 Kilth avenue had been ex- :
tended all along to the trout ol tbe building the entire
adjoining lot would have lo remain perpetually vacant,
or at all events thai uo structure could ever ue eroded
thereon wbic/t would inter.ero with those windows.
The motion to continue tne injunction must therefore
be deuicd aud Uio temporary injunction dissolved wall
$1(J cost.-."
WHKN CON TB ACTS ARE BINDING.
Jud*o ITreradiuan, of the Superior Court, yesterday
rendered a very elaborate op?niusi in ilic case ol Ken
jamin Diets against John T. Parish, tried boforo bim ?
eonio limg u?o at Special Ccrtn <M ibo Superior Court. I
Tub Lid* ul the case appear lo be as iolloWu:?Dicta
bud bought louie property on foreclosure, and on
April -6, 1S75, be was n negotiation with John T. ;
Jp'urish to soil bim the property. Tboy met on that
date at tbe olllco <?t a lrii-uu, and Unaily agreed on a
price o! JiS.iwo, 000 ol which waa to be paid down
at ouce. Ihey both signed dupliuale contracts
and handed ibeiu over to Mr. Toll, wiio
?as ratnor <K>ai, to witness. While Mr. l'ell
buu ibem In (its bunds, a suggestion waa
iiiado tint del trad ant, belore ilciiver.ng toe cntrac!,
hau belter see this own lawyer, 11. G. Aaderson. De
fendant tbuu drew bis cueuk lor Sj.iioo, and the
party adjoure ed around to Anuer-tou's, dcleudunt
(l-ari.-bj kuey.ing llie contract and tbo check.
Tney waned auuie time at Audersou's, wnon
K.risb, ?eiung impatient, called on tbe cashier,
told mm tbe arrangement bud txseu uivde, and
tbat in carte Mr. Anderson approved tbe contrail,
It, wttti tee | auuo cueck, was to be uauded to Karisli.
The cashier 'jnnculied iho receipt ou one ol tbo con
tracts ana I arish loll. L.iciz, alter waiting a Itttlu
wbile ioug#r, u-ked tbe cashier lor ono ol tuo con
tract e. 1 u e ca?b ler at llrst objected, but on plaintiff
Insisting 1/ iat o ne ol the obligations belonged to bltn
finally ga've up tbe one Wilu the cancelled receipt.
Andcrsou reiused to approve tbe contract, nun there
upon UiM.z brought a suit on the contract wtiich ho
b.idtnus obtained lor a specific per.ormauee. Ou the
triai i w as claimed that Uiu contract Having been de
livered ov an a^eut ot the delendant no lurthur
ev.denc*; could l?o taken to annul it or vary its
terms. Judge Kreedai in, Id view ol the broad ciaitn
ol th? planilitl. examuies, at great length, the
law as to me Conditions under winch a contract he
come^ binding. A contract, he holds, becomes a con
tract o diy when the tuinds oi the purlieu are agre d on
ail Kb teiins. He recognizes tne rule ibat lor public
pol < y's s;<ke w nun u w ritten contract is delivered in
lenu* uaily uy one party to the other, any conditions
not ii .c.uiloil iu the contract cannot tic proved. llut
he ii olns mat this is an exception to the general rule?
Uiat there must be a uompieto agreement betore tne
contract is binding?aud is contlued to the case where
tbu writteu contract has been iniuuiiouutly given to
the <oUior side lor hlniHCII. He cites the modern doc
triue ol delivery and escrow, whore delivery tj an i
agufil ol tne other *iau or even to the party linn-elf if |
tnadv really an escrow, s neld uot to bo Huding until ,
the couduio.is of the cscrow are lulUlled; and in this
liecid. ? that mere wuh iio de.lvtry by the doh nuant
to theplaiiiuO, with au inteution thai be should hold :
it, huu iliervloro no vand contract. In ttio second
place tie hotus that a portion ol tne property con
tracted lor being In nispute?owing to tue miner
uounnul bitrvtya ol the old common lauds ot New
York?the plaintiff had no tuarKeiaule title to iho
wnole ol the property Mo proponed to convey, and
therefore on that ground tlio complaint shou.d be uis
tuissed.
BOARD OP HEALTH PENALTIES.
Tho Board ol Health brought Hint against Mary
I'lnckuoy to recoror a line ol $ M lor having failed to
comply with its urder to make cerium changes In the
cou>-iruoti< n ol buildings ownod by her. These altera
tion* would have involved au expense of about $18,001).
The Hoard w as Dwten on the trial, then appealed to
Ibebeueral l orm ol the Court of Common J'loas, and
*?.i agaiu beaten. In the same court yestcrduy coun
sel lor the Hoaid ol Health asked lor leave to reargue
the Case, aud, should tho Court abide by ita loimer de
cision, then lor H?..vo to go to the Court Of Appeals.
Unless this privilege was gIVM him, counsel s ifi, the
Board Ol Health would i>e /.really rinbirraxged and
impV' ed in iik dutiet. Mr. rnomas Alinton, who sp
{>enriU Ou bo.'all ol lit* dnleud.iiit. said no WODliI bt*
Mttlt to y? to the Court of Appeals, but w s oppose l to
a teargMHeni. Court paui u it aliowi ?! a reargu
uient iliu ?h mid hold to the same decision it would
not allow tho ewe to go to the Court of Appeals; or, II
It d 'nied the nppkc.'tUou lor a rearguwen. lion, it
would llo* tbo i'.tM to go lo th? Co ri oi Appeals.
CoMl'l cou.'l taiif IHs Okbkue, Ihi' Court Mild, and he ,
cliose to go lo the Court ol Appeals aud waive a rcur
gument.
THE INSTALMENT PLAN.
The ca?e o! Carrm tluvilaud atraiMi .lohtifun,
Cur It and John Doe wat decided yesterday b) the
bcutral Term of the Court of Common 1'iOuti. The
plaintiff sued for $43 money on a sewing machine, ;
bought ou iho iLsi>almeni )>!an, and wuicli the uelend- I
ants leuiu'd irom her. The Uenersl Term, Judge |
Kottiiitou Tr.Ung the opinion, reverses u judguieiit he- |
low^iriBg t.er the sum claimed. Chiei J umicu liaiy, !
* however, roiu?es to concur iu fio opiuiofl of his brotner j
Judge*, uud writes a disaentp.g opinion, in which he
g2yi:?"l wfl'. never give my sauctiou to the enforce,
bieul of aweb ?n a^roviucnt as the oca in this osf*. It
\r upou ita !*cn grwseiy III.JU*- aud designed to lake nn
SKOSMt inable advantage o.' ttie iguorunt. poor and
Beotfy. Hy im terms (he sewing machine is soM to tbe
pi..inilfT lor $7j. Kilteon dollars ol this amount, it is
oaciarid. is to bo paid in advance lor the
?a<: oi the machine; too f?t was to be paid tu
B.nniifiy inntaimeats ol each, nud if the woman
Mi>s to the IsM ] '<jraicnt il nuuioriz'-i the vende.'s to
?at' r her preto.%e* ?od rcpos (?>.** theiu^e.ves ol tha
aacMaa; so mat for a la.-iure to pay tho last %o they
a#t toe niacfiiK! aad the $7o that iu?> have beea paid
?u Ik And in sdiMloa to Ibis there ih s further core
,r i tho oouaiderailon ol wuich is declared to be tho j
? orogO'Bg e?*y terma*?that, Waiving any ngnt m I
ftmilt Mi to the oontrary. ?he Will not br.ng any I
au,. a<auai ihe *??4or? or Ihoir a.outs lor at > daui- J
den* to her perwon, hor property or th? persons of
bar lamily in the recovery of i Lie siai-nine. It Is a ro
priwtch to (be law that such as agreement stmuM bs
allowed to be carried uul tu anv of lis provisions, and
It would mb.-erve tbe eud? of public policy to hold
that no recovery cau b* b ?i under it from its palpable
injustice."
SUMMARY OF LAW CASES.
j Yesterday Judge Curtis, Id tba Superior Court, made
| an or.ier discharging from arrest Charlo* p. Mc
| Clelland. Mr. McClelland was in nominal custody of
I the Sheriff lor non-pity mom ol military fines.
In ttaa autt of Bridget Tortuey against The Mayor, kc.,
! already reported In the Mkkald, Jnd^e Van Brunt
rendered a decision, la Supremo Court, Special Term,
yesterday, overruling the defendants' demurrer, with
leave to aonwer. Mr*. Toimey sues, by her attorney,
G. W. Wtogate, to rocover $lu,ooo drmages for t.aving
been toroibly taken from her house by the authorities
aud kept seven days on Blackwell's Island on the pre
tence that she bad smallpox when she only bad
measles.
in lb* case of the Atlantic and Pacific Telegraph
Compuny against Tbe Weateru Union Telegraph Com.
puny anJ others, growing out of tbe claim ol title to
what u known as tbe guadruulex Method ol teleg
raphy, counsel commenced yesterday to sum up the
case before Judge Sunlord, * lu tbe Supreme Court,
Special Terui. Mr. Lowery, on bebali 01 the deiendams,
occupied the entire day. The argument will be re
sumed this morning.
Tho second trial ot tbe suit brought by John S. Kchs
against Klizabetb Harden und Amos H. Trowbridge,
e\mutru and administrator ol George Harden, de
ceased, was commenced yesterday before Judge Spoir,
in tno Superior Court. The pluintilt sues to recover
$!?> Odd lor bis services in taking care of a tin box
containing $1,600,(M)0 worth ot securities. The detence
is a general denial. Mr. O. W. Lord appears lor the
p.a.mitt and Messrs. Cbarlea A. Davison aod George L.
ingraoaui lor tbe defendants.
Mr. .Nathaniel JarvU, Jr., Clerk o( the Court of Com
mon Pleas, was very much p.eased yesterday to bo tlie
recipient of a handsome Inkstand, made from a pieoo
ol wood taken from St. John's Park. It seems that
some year* ago Mr. Jarvis was appointed a rxieree im
tbe case ot Beaumont vs. Kemptou. in which tbe
plaiutifl, a poor woman, soutiht to recover some $600.
Mr. Jurvis neard the case without fee, and tbe lady, who
has won tier ca>>e, has chosen the above neat manner
of expressing her gratitude.
Charles l.oughlin brought a suit about eighteen yean
ago against ex-Sberifl Kelly to recover the value ol
eight horses, which he claims were illegally tuken '
un.ier an executiou against William Loughlin. The
cu-e, which has been sleeping lor this long period, hag
been revved, and cuuie to trial yesterday itclore Judge
J. K. Daly, in the Court 01 Common Pleas.
lu the suit in which Johanu Schaub aud others are
plaiuufis and Cardinal McCloskey a nominal delend
ui.t. the particulars ol wh.oh hare already appeared
in lliu iiuitaLU, Judge Van Hoesen. id the Court ut
Common Peas yesterday, rendered a decision, strik
ing out portions ol the complaint. The sun is to en
force against the property ol Sk Joseph's C urch a
loan alleged to have been made by plaintiffs tor mo
eroctiou oi the building. Thu portiou 01 the com
plaint ordered to bo stricken out is that alleging the
Cardinal's ecciosiasiical positiou. Tbe Judge holds
that if he Is liable at all it is as a trustee 01 liio church
properly, und not as CardnaL
In the case ot the People ol tbe State of New York
VS. The New York Juvenile Guardiau Society, deloud
uula, complaint charges that mortgage funds and dona
tions were perverted to purposes unauthorized by tho
churtcr. Motion by delendant lor an order compell
ing jilainuifs to amend the complaint, aud ou the
ground tnat tho charges were so vauue, liidctluile and
uncertain that tho delendant was not bound to answer.
Pluluiilla'counsel opposed the motion, among other
tbiugs ou tbe ground that the dofeudaiit must know
what It bad done; that the plalntiUs did not know and
were not obliged to make any but general charges. To
winch defendant's counsel ruplled that it wus true that
the plaintiffs did not know, but that they nad claimed
to kuow by fringing the suit; that they could not re
cover without proving specific acts, and therefore
without alleging them. Tbe counsel lor the doieuce.
In tbe course of his argument, said that the people
were only the nominal pluintlfTs; that their name had
i t-en borrowed by a malicious mflueuce which was
prosecuting the suit. Motion sustained aud order Bot
tled accordingly. Francis C, Barlow, counsel lor
plaintllfo; William Ware Peck, counsel for delendant.
DECISIONS.
SUPREME COT7BT?CHAMBERS.
Br Judge Barrett.
Foley vs. Rathbone.?Leave Is granted to the de
fendant's attorneys to answer the written affidavit of
Mr. Henderson.
iStiipuiun vs. Beers.?Temporary injunction denied,
with fit) costs. Opinion.
Boil vs. Hibemia Fire Insurance Company of Ohio.??
I cannot do anything to assist tiio parties In this mut
ter. There is nothing upon which the Court can act
advisedly. The matter must be arranged by consent,
or, it that is impossible, a motion upon affidavits must
be made.
Cittrk vs. Crane.?Opinion.
Trotter and others vs. Volkeniog.?The motions are
still Irregular in tbut there was u stay of proceedings
in the oruer to show cause, which, under the rulu,
could only be gruuted on two duyu' notice. But, lur
thor, the motion was not to bo let in upon the merits
und upon terms, but atriotiy to vaoaie the proceedings
lor irregularity Now, there was no irregularity, us
mo order extending time to answer was not properly
served and was properly returned. Then the motion
to vucsto was dismissed by delault, with costs,
and theso costs were not paid. The tnutiou to
open thut motion default ought not to bo I
grunted to permit a motion to sacato lur :
irroguiurity. It would have been otherwise, perhaps, I
II there had been lu the present order to show cause
on appeal to the favor ou the merits of tho cause. But
although ibut wbb argued before me it wag not embraced j
iu the order 10 show cause, and la, therefore. not up. j
The motions must mere lore be denied, with $10cosis. !
Mutter ol the Keccivership ol the Guardian .Saving*
Institute.?1 ho statutory compensation was waived by I
special agreement. To this ail parties assented. Tho j
agreement was subsequently sirioton out on the ap
plication ol counsel lor (juiulan and as against him it I
ceusej to bo binding. The stipulation, however, wus !
not withdruwn as to any ot the other parties, and Mr. !
Mctiowan, wuo now objects to the amount olthe
releree's lees, was silent and did not withdraw Irotn
tne stipulation. It is, therefore, binding as to hitn,
aud us to all parties except Quinluu, and the latter
does not object to tne present application. But, lur
ther, section ai3 would seem to uppiy only to coats In
civil actions, lhe motion should be granted.
SCPREME COURT?SPECIAL TlulLM.
By Judge Van Brunt.
McFarlane vs. Forrester; Dannatt va Board of Edu
cation; Colliding and another vs. Davis and another;
Bu>ti vs. sjcolleld aud anoiuer.? Oitiulons.
Finuey vs. The Mayor, ftc.?Demurrer overruled.
Deiendunts to have leave to amend upoa payment of
usual costs.
Lunelle* vs. Suebly.?Motion denied.
Burnett vs. Shirley.?Memorandum lor counsel.
Ko.sir.r vs. Hitter and another.?Finding sigued.
COMMON PLEAS?OENEHAL TEEM.
By Chiet Jud>fb C. 1*. 'Daly, Judges Koinnson, Larre
more, Van Hoesen and J. F. Daly.
Karl* vs. New York l<ile 1 usurunce Company.?J utfg
Uient alllrined. Opinion by Judge Robinson.
Noo vs. Gregory.?Judgment reversed. Opinion by
Jud^e Vau Hoesen, J. F. Daly concurring.
Mahler vs. Sub loan and others.?Judgment re
versed, new trial "ordered, with costs to ubiuo event.
Opinion by Judgo Kolilnson.
S' henecko vs. Howell and others.?Order overruling
domurrer reversed, and judgment given lor the de
lendanta unless p'aiutill wituin twenty days trom the
service ol a copy order, to bo entered herein, amend
his complaint and puy the costs ot ilie trial on the de
murrer and ol tins appeal (to bo taxed by tl.e Clerk),
and lor failure to so amend aud pay such costs that du
I ii'udaut have judgment dual. Opinion by Judge
Robinson.
Ilrady vs. Brady.?The order Interlocutory Jadgment
affirmed, with costs, without prejudice to deiend nit's
right to review the oraur directing an accounting,
' opinion by Judite Hobinson.
lhe People,in,, vs. Holmes, &e.?Keferce'a report
| as to nloutity alllrined. Opinion percurrium.
Havlland vs. Cluru and others.?-Judgment rcverseJ.
Opinions by Judges Hobinson and Larromore; Chief
I Justice Daly dissenting.
West Sido Havings Hunk vs. Newton.?Judgment af
firmed. Opinion by Judge Robinson una Chief Justice
! C. I*. Daly.
L.iwrcnoo vs. The Aineri'san Ceu;rtl Insurance Com
| pany ol St. Louts.?Judgment annmod. Opinion by
J udge Hobinson.
COMMON rLKAM?SPECIAL TERM.
By Judge Vau Hoesion.
Morello vs. Claretnount.?Hoter.ed to Mr. Jerome
; Bees. See meni' runduiu.
Maynurd vs. Miller.?.Motion domed, without coats.
, he 1 in Muoraudum.
Msacbuster vs. Braudis, tic.?Motion denied. See
memorandum.
i M liaucy vs. Wrtaiinnscl;.?Case ordered on' abort
j can :e calendar. Sec memorandum.
Sto'ui vs. Donnelly.?Jioiimi grunted on pnyinont of
! re .-'jiitlent's attorney $!ti costs ol opposing motion,
j Bonrdmsn vs. Fr?n itmrg. ? Motion lor receiver de
, nied. Mee memorandum.
Scrsuth va. Dry DocE Savings Bank.?Motion
granted.
Schauti v*. KcCloskey Motion granted In part and
U?'ii.*d as to residue. .See opinion.
W rnor va Mur.itig*.?Motion deuied. See memor
andum.
Doerge vs. Biaseagor.?Oelault opened. Hoe memo
run turn.
Pacific Mail .Steamship Company vs. '?uoliing.?He
port ol referee conflrmo'l. bee opinion.
HUP' rtlDK CODKT?BPMCIAL TZRM.
By Judge Fntdmnu.
Diet/ vs. Fnrt?h. ? The defendant Is entulod to Judg
ineiii, dismissing the complaint upon the merits, with
costs.
By Chief Justice Curtis.
1'ike vs. McK'c.?Order settled.
!Iv Judge .-milord.
Fsrnie vs. Noelke. ? Judgment lor plaintiff on do
murrer, with liberty to defendant to answer on pay
meni ol costs, opinions.
M alloy vs. Duke.?Ordered ou day calendar lor the
With of June.
ilsdgeinnn vs. liaarer el al.?Order discontinuing
action and cancelling lis pondeus.
Mures vs. the Manhattan Knnl Kstate Association.?
Ordered on day calendar lor .luue l'<
Miller, Jr., vs. Hie New York Cement Company et
uL? Ord?" continuing injunction.
Tutnlll va Masters ?Order vacating verdict.
Savsry va Lund et al.?Order continuing injunction.
MARINE OUUMT?CHA HiJKas.
By Judge Qoepp
iu^e brand vs. Kuum, Deihi va lCaselborti; Allen va.
Henekley; Hoertel vs. Gonedon; Eldred y*. l?oynauskl;
Maiinint- vs. Moluica.? Moliolie grauted.
"ro?!Tv8 Brumuiuofl.?Motion deuied unl?w terms
*Kiij jloy; Crocker vh. Fogg ; Moeran vs.
lngrXm, ??iacrV Andrew.; *..cla* ~
Beulx vs. liruoor; Deertng vs. Smith, Co<ly vs.
liwyt-r - Ravmoud t*. Corbet!; Saedrok TS.
l'uvior v^jioratly; Alellla va Vellenito; MeKee vs.
tULui v*. Likmau, SooU va. Koaayea; l*lPP TsL
Mull;' Koberts vs. Tbacher; Coldzier vs. Carryj
driuevs. Ready; In tbe mailer oi John Lyons Doug
uTvIsuTvau'; S.bmnoorl va M-h houp; \Scrd
iiitun vs. Wti*s?Orders granted ABd tiled* . , ,c??
HeacU vs. ScliertnerLoro.?Demurrer ovtrralod. (.
indorsement on paper*.) . , urms ar#
i'ryer vs. Murpby.?Motion denied unless wrni ar
complied with. _ .
By Judge Sheridan.
Deerin* vs. Smith.?Kiudlngi, settled.
Maxwell vs. Warns.?Motion lor new Ifknl denied.
Sanboru vs. Koso.?Case settled.
GENERAL SESSIONS?PART L
Beloro Jud[je Sutherland.
TDK I.KITH KORGEll* CAHE.
William Leith, William U. Le.tb <bi? son), and
William Veiling, were yesterday arraigned at the bar
lor seutooce by Assistant Dtsu.ct Attorney Bell. I
will be remembered that the older Lelth was convicted
ou two indictments, ttiat his sou was convicted on one
Indictment and pleaded guilty to th. other, and that
Veltmau, who turned State's evidence, pleaded guilty
w .;?*?"?, STSSiSK wsss
signal ares e? Mwm? ?ryw>? i.A 000 Tbe lor
i.'onri"w<>r? uu earthed by Detective Philip Relli.v, who
S.rIS Vel!man w Canada and arrested the younger
tiaced \ eituian to <-???? - imhar'a aeoond trial aud
KjrHS ]
^ PLEAS AND 8BHTSNCB8.
Herman Meyer, muetoen years of a**, or No. 59
Canal street, pleaded guilty to an attempted outrage
on a little child six years old and was sent to the Peni
tentiary tor ono year and six months.
Thomas Curley, oi .No. HO William street, pleaded
BUlltv to burglary iu the third degree, having broken
7. Th.. nraiuiaes No 47 Aen stroet and stolen a quan
ta v Or lead pipe " 1 wo years in the State Prison.
tity ill le^ici I P ? > w>'Ht 'fhiriy.third street,
sent the prisoner to the State Pr.son lor lour yeara
THK UNION TKCST COMPANY FOBUSUtK.
on the motion ol Mr. Charles W. Brooke bail In the
case ot Charles Becker, who, with three others, i?
/?ii ir^ed witu beiug implicated in the forgery o
on the Union l'rust Company, was fixed at
$;,ooo.
GENERAL SEbSlONS?PAET 2.
Before Judge Uliaersleeve.
LLD ASTBAY.
Klizabetb Km.ng, of No. 81 North William street,
was arraigned at tbe bar by Assistant District Attor
ney Lyon, charged with having on the 7th mst. robbed
James McCabe, ot San Francisco, ol *660. The pris
oner claimed that the money had been deposited with
i^anfagSs
n?U,0bie1o iwWSbom"tn?ISSbmg was done, gave
h?m a good charaoterf _Th? prisoner was acquitted.
COURT CALENDARS?THIS DAY.
80?? Cocnv-CH^-Held, b/ Judge Dono
187'"17t
Z"scrK^K "co?T-G?.?At. T*km. ? A4)ourned nntU
JU^'r.Vm'court?Stkciai. T*m?-U?ld by Judge
&LI HhMK ^UOU . o 17 hautf and IttCt? NOS.
Dououue.?Demurrers?Noil 8, 1T? ?
b WWWAW a ?
msmMzz
Saulord.?No day oalt'Udar. ?v uar? i_H?>ld by
, S: l''s1"rawl^D^^ on-W^aermau vs. KemiUK
Judge Sodgwlck. t'aaa o .,_Heid by CUIet Jus
ton. No uay calendat Pa - y0fl
t>?e Wiiiiriiao;
1144, 1145, 6ftS, I'urt 'A?Held
580, 1.1W-, l-u^. ;m '17ii 734 11ST, 1063,
?^J^if%4i lawTasw. iow, uos. im. ii"?.
^Coii*o."<'PuLuf?Kyornr TxEM-Ueld by Judge Van
lloesou ? Noi day c*J*??^(UI_1.arl i_Held by Judge
Common PLjMis-laiALl?R* iM ^ ^ P(4rt
Robinson.?Nos. 881, ??7, 1J? , ? a?Held by
% ? Adjourned uutil June 1S? 7. 11^R mio 929
!
SUK.?? <JOL KT-rKiAI- I ??? I ?? M. M;1& <SS()i
I Si;
1 robbe^y , M.irv Quiun, grand larceny; same
1 va W^liiam Blake ^ioa 'johnson 8rand l^
oeny; Sense v^ William Wood, rul.e pretonce Same
vl Frank aolinabohm, incest; ^Kdw^ra Brinn.n
Tenslield, pout larceny; Same vh. F. lwara Mroun in
ftUa tdwaro1 jjtunw., pntlt \^ur^Tl,y Judge Gil
'^AvVJihe People vs. James Clilloid, lelon.ous
assault and battery, Samo va Krancs KaglB. !? lon.ou.
assault ^pox and Charges *oivilie,
lorgery;Same'vs. Umm Uonwloo. petit larceny; Same
vaJaii.es A. M. Koeloy, pet.t larceny.
ALLEGED PATENT INFRINGEMENT.
Suit has been brought In tho United Slates Court,
Brooklyn, t>y tlio American Middling* l'uritier Com
pany, ol Washington, against tho Messrs. Jewell
Brothers, proprietors ol' the Hour mills, Fulton street,
to reuovtr damage* in the sum ol $100,000. Tho
pitiinuQs allege infringement ol putent tor bolting
Hour.
KINGS COUNTY SUPREME COURT.
DECISIONS.
Hy Judge l'ratt.
S, Marlante vs. K. KrnsL ? Motion to vacate Judg
ment denied; $11! coitaaod disbursement*
J. Hertuauce vs. 11. C. Ueimem.?Motion lor refer
ence granted.
I T. l'or.er vs. J. R. Morris.?Motion lor new trial de
nied. ?
Cbrlstina Horjstrom? Decree ol absolute divorce in
, lavor ol pidliitill.
\V. S. 1'uine vs. J. W. Jones.?Motion to open default
I denied; $10 costs.
In matter ol Brooklyn and llockaway Beach Railroad
Company. ? order appointing Commissioners.
SUIT AGAINSl A RAILROAD.
Action has boon commenced In tbe Brooklyn City
Court by lienls Kelly against I lie IieKulb Avoune
1 Kmiroad Company lor $10,000 on account ol personal
injuries sustained. Ine plaintill on November 13,
I while n iKhtiui! Irom one o! tho ears, was thrown to
the (.'round und sustained a compound Iracluro ol the
j |i)itarm.
COURT OF APPEALS.
Amiamt, N. Y., June IS, 1877.
No. 87. Woodruff ??. Aniuricau Popular 1,iio In
surance Company.?Argument postponed to Mouday,
I J line U6
No. 130. illckler vs. I.clghtnn. ?Argued by George
1 F. Uauiorth lor appellant, \V. F. Cogswell lor respond
i cut.
No. 61 l.Jiiiyau Yf. The Mayor, A;c., of New York.?
I Argued by William H. lownljy lor uppellaUi, 1>. J.
Dean lor respondent.
No. 51. H.mo vs. Tho Mayor, itc., ol New York.?
! Argued by Roger H. Lyon lor appellant, i). J. Dean
lor respondent.
i'roclauiatiou made and Court adjonrned.
CALENDAR.
| Tho following <s the uay caiundar tor Taenduy, June
[ IV:?No*, b7, 00, 344, 00, ?U, 'it, 34.
| SUPREME COURT CALENDAR.
Bomu, N. Y., June 18, 1877.
' Tho following Is the Ocnural Term, Fourth Depart
ment, d iy calendar for TuesdayNoa. a, J)*, ?, 22',,
IX, 3U, 41.
LiVIi'ED STATES SUPREME CO CRT.
bfcClHIONfc.
W a?hik?ton, Juae 18, 1877.
Tbe following decisions have been made m the Su
preme Court of the United Stales:?
STATUTE COIMlITUnilMALlTT JMTOIM-BI. AS TO THE RIGHT
or TM* HTATB TO IIBMT.
No. 6&i W. W. BoV?L jr.. at at.. ulainiiOa In aunr.
vs. Tbe Stat* o( Alabama?!? error to the Supreme
Court ?( the Stale of A'ubamu.?The defendant, having
been indicted under a statute ef Aianania for selling
up and carrying oi> a lottery without legislative ju
niority, claimed In defence a right to set up and carry
on the lottery in question under a subsequent statute,
passed on the 10th of Octot>or, 1804 This latter statute
was repealed In March, 187L It was admitted on the
trial that the acts charged against the uelcndant were
done under that statute and would be legal if the stat
ute were constitutional nnd hud not been repealed.
That statute required the defendant and certain other
parties associated with btm, before exercising the
right claimed, to deposit in the Treasury ot the
Slate, to the credit 01 the School fund and for
oducAtioual purposes, $2,000, and uonaally thereafter
the same sum lor twenty years, or so long as they
might do business under the aet and that sum hud
beeu deposited. Under a previous indictment against
the itino defendant lor a similar offence the Supreme
Court of tho State had held tbut tbe statute in question
ounstituted a contract, and that tbe Repealing not was
for that reason void. In that case the only matter
belorc the Court was tho meaning of the statute. Its
coustltuiiouality was not called into question. On the
trial of tbe case at bar the defendant relied upon that
decision of the Court; but he was nevertheless con
victed uud sentenced. On appeal to the Supreme
Court ol tbe Slate the judgment wis allirmed, the
Court deciding una tho statute ol October 10, 1618, was
unconstitutional. Held that the previous aujudicatton
of tho Court upon the meaning ol tbe statute?that it
constituted a contract between the delenduut and tho
Slate?did uot estop the State from denying its con
stitutionality in the preseul case, nor conclude the
Court upon that question, although ibe point might
have been raised and determined In the Qrst instance.
Affirmed.
Mr. Justice Field delivered tbe opinion.
?WlhL?OONimUkilATK STATU BONUS?LIAUILITY OF KXSCU
TOR TO ACCOUNT rOR ISV?HTMIC>TS THKUKIN.
No. 208. Ann Davis and others, pluiniitl's in error,
vs. Ann Crouch and others?In error to the supreme
Court ol Appeals of the Stale of Virginia.?(lector
liiivis died during lbs late civil war at Hichmond, Vs.,
leaving u will exocutcd March 21, 1859, as lollows:?
KicuMu.fi>. ,Mareli 21, 1 Ar>H.
I. Hector Dnvis, of thr city ut Klcbuiuud. State of Vir
ginia, do hereby make thin my lust ?ill aud testament
Item 1 1 #lv? to my nieces, Jennie, Sally ami Mettle
Darin the sum of $15,000, to be equally divided betweou
ll.em. 1 tfive tu a servant woman. Ann, of mine,
her freed cm, to bit removed out of the State,
with her four children. Jennie, Aadubou, Victoria ?nd
Matilda, and alter tlielr removal tbe >iun ul $2<|,OJO, she,
Auu. to have the interest on ou* tilth of the amount. and
the interest ol th? balance to be expended in raisin* the
said children till thev become ol me . then the nrlncipul to
be giv u them. 1 wihb sail amount to be iuvvmed in Mate
stocks bv my executor* aud applied at aforesaid.
I give my nephew. It. l>. J amen, of (ioochland, the nuni of
$0.<jii0. Whatever balance 1 luay he worth 1 want given to
my sister, Ann Crouch, and her childreu. I appoint K. I).
J amen and Franklin Matthews my axeeutors to litis my last
will aud testament.
As witness my hand aud saal. 11ECTOK DA VIS.
This will was admitted to probata In tho Circuit
Court ol liicbmond, March 13, 18d3, when James aloue
qnul'.lied us exccutor. Tho servant woman, Ann, and
her children are the present plain HUs in error, and
are known in the pleading as Ann Davis, Jennie Davis,
Audubon Davis, Victoria Davis and Mal'.ldu Davis.
They were removed at some time to Philadelphia, but
whether belore or afier tbe death of the testator does
not upneur, though they seem to have beeu there dur
ing the war.
The esiato was large, consisting of real property,
slaves, bond and other stocks, a small amount ot Con
federate bonds, debis due the lestaior and some turn!
lore. All the parties interested in tho settle
ment ol the estate resided in the Confederate
Slates during the war, exocpt Aun Davis und her
children. The porsonal property, exclusive of debts
due tbe estate, was valued ai $91,020. February 26,
1804, leave was granted iho executor by the Circuit
Court of Richmond, upon bis petition tberelor, to
invest ihc cash on hand belonging to the estate In In
terest bearing bonds or oertiUcates ot the Confederate
States or ot the Stale ot Virgiuia, or any other
sufficient bonds or securities id that State. Under thia
order he iuvested during ibo months of April, July
and November ol that year $&8,60.S 82 ot Conlederate
currency in Confederate bonds. A pari ol tbe slaves
were sold, but nearly all tbe remainder ol the per
sonal aud reul property except the debts
was retained durlntc tbe war In the condition
It was loit by tbe testator at his death.
At the close of the war proceeding* were instituted in
ibe Chancery or Circuit Court ol the city ot Richmond
against tho executor by the residuary legatees, looking
toward a settlement ol tho estate dtiuer direction ot
the Court. Tbe plamtiUs here urn only Interested in
securing the pay tneut of ibeir legacy. Tho case went
to the Court of Appeals ot tbe Slute, and was remanded
for further action below. The executor having been
allowed a credit lor his investments in bonds ol the
Conlederate States, that is tbe only question concern
ing which tbe Jurisdiction ol ibis Court is invoked,
uud until dual judgment in the State Court it la held
this Court is without Jurisdiction.
The Chief Justice delivered the opinion.
ruAonos? ifi bo* oh nt i*kiiski>kas.
No. 1040. John T. Goddard, administrator, he., vs.
Albert Ordway?Appeal from tbo Supremo Goari ol the
District ol Columbia?This is u huh m oquity pro.io
cuted by Uio appellant to subject a portion ol tbe
profits as ilicy uccruca to the doiondaul iu llio per
formance ol a contract between bnnsell nud tbe United
Slate* to tbe payment of u debt, i n tbe progress ol tbo
cuuso In tbe court bamw a receiver was uripoiuied to
collect Ironi tbe United States u part ol tbe moneys
payable to tbe defendant under bis contract as tbey lell
due and retain tbein to await tbe result ot tbe suit.
Upou tb* tlusl Uturing bolow tbo bill was dismissed,
and from thst decreo this appeal bus been takeu,
wblcb operates as a supersedes. When tbe super*
soueus was perfected tbe receiver had in lit*
hands about 94.%000, invested in United Slates bondi,
which bo bad collected under tbo order ol tbe Court
nud hold subject to its disposal. Tbe appellant tearing,
us be alleges, tbat an order Is about to 00 mudo direct
ing tbo receiver to pay tbo money in tits hands to the
deicndant notwithstanding lbs uppeal, asks me inter
lerenco ol ibis Court lor bis protectlou. A supersedeas
upon tbo appeal 01 a suit In equity operates to stay
the execution ol tbe decree appealed Ironi. When tbe
uppeal Was taken tbe only execution there could bo
ot the decrec below was tbe collection ot the costs and
tbe delivery ol the luud in Court, which is tbe subject
mutter ol tue litigation, to tbo defendant, lo that end
a lurthor order ot the Court was asked, but such
an ordor would bo In uld of the execution
of tbe dvcrce which bits boen staved, and
consequently beyond the power of the Court to
muke until ibe appeal is disposed oL Wbi'e tbe Court
below may make tbo necessary ordora to preserve tbo
lund and direct its receiver to that extent, It cannot
place the money beyond the control ol auy decree that
may bo made here, lor tliat would be lo deloat our
jurisdiction. A supersedeas Is not obtained by virtue
of nny process issued by tnis Court, but follows as a
matter ol law trbm a compliance by the appellant wilh
tbe provisions ol tbe act ol Congress In that beball.
We ?ro not required, thercloro, to issue auy writ to
perlecl the right ol a party to tbat which the law has
given him; but il the Couri below is proceeding, through
mistake or otherwise, lo execute us juugmual or
dtcree uotwn hstundiug the supersedeas, we inay, un
der Seotiou 710, Hi-vised Statutes, Issue an approi rlate
writ 10 restrain thai action, lor it would bo "a writ
necessary lor ibe exorcise of our jurihdictiou.Tbe
precise torin ol llio writ to bu issued or reliol lo be
granted must necessurily depend upon the particular
circumstances ol any cuso that may arise. In this
case a rulo has been ilrcady enlored aud served upon
Ibe Court below und Us receiver, re?ii'ainiug them
troin p.lying over "ny portion ol the lund to the du
leuduui until' the luriiier order of ibis Couri. That
rule is uow in loroe, and we suppose no lurtber wru
will be Decenary to give it elfect.
Ibe Cbiei Justice delivered the opinion.
M.PK l.NMLkANCK ? OKI LARArlON Of T11K INSURED?
i'hoop or AUK.
So. 261. Tho Connecticut Mutual Lne Insurance
Company, plaintiff in error, vs. Adum ScbWouk, guar
dian, Aic?lu error to the Circuit Court ol Ibe United
Slates lor the Kustern District of 1'enusylvania.?The
Issue out ol which arose both the questions brought
here by this case lor determination was louudod on a
pica that Dr. McDonough, the person wuose lne had
been insured, was older than he hud beon represented
to be iu the application lor the policy. In ihat appli
cation, made March 26, lb<37, bis age was slated to ba
sixty-two at bis next birthday. Accompauyitig the
proofs ol Ills death luruisbed to tbe couipiuy by the
plaiiilill's below was an allidavll ol one Thomas Nolan
that tho death occurred on the tilth 01 April, lKtifl,
una that the deceased was between sixiy-six and
seventy years 01 age at that lime, accord
ing to the best judgmeul of llio allium,
'lo expluin the discrepancy oetween live statement of
the ulbdavit and that made 111 the application, tbe
plainlifls ottered to prove thai Ihe age ol the deceased
was dillereul Iroui that staled in tbe affidavit, and lor
this purpose they oik-red to prove by Nolan bimsoll
tli.it lie was miHianeii, and that he bad no knowledge
upon tbe subject. Tins evidence the Court received,
notwithstanding an objectiou by tbe dolendams (the
ground 01 the objection nelng that uo notice nail been
givcu 10 the a prior to tbe trial thai such evidence
would be olleredj, and tho admission ol itio evidence
Is the first error assigned. In considering the ruling
ol tho Court It is llrst 10 boobsorvi-o Unit nothing 111 the
policy required that prooi ot the dcatu ol the person
Whose llio was insured should no accompanied by proof
ol bis age at tbe lime o bis death. 1 here was, 11 is
true, 11 memorandum indorsed on and lolded in tbe
policy tbat a oerlitlcate Mould bo required ironi soino
Intimate iricud ol the aye ol the person insured
at 1 he time ol his death, but tbe memorandum was no
part ol the contract, aiui It Was hoi shown lo either
tbe court, the jury <>r the couuscl be.ore tbe verdict
was rendered. Nolan's allldavil, Iheretore, was uo nec
esssry part of the prouis of death, aud bunco it was
Immaterial. Yet, iiuvliig b. en luruishod iiy the plain
tills to llie delcuduuiH, a was soma evidence ol tbe uge
ol the pcreou insured, though certain.y not conclusive.
Thero can be no reusou wby 11 was not open to correc
tion if It was erroneous. This Is uol denied by the
plainlifls In error, and it could not be suiccsslullv. It
fins repeatedly been held that errors and omissions in
the proola ol loss lurulshed to insurers In oases of lire
insurance may bo corrected or supplied at the trial.
Iu MuMasters vs, ibe Insurance Company of North
Aruortca, .'?& N. 'ZTl, the plaiunfl had stutod
In his proots ol loss thai he bad other
insurance 011 Hie same property, a fact
which, il true, voided ins policy, aud he had verified
lus siulemoni by his ouih. Yet be was bold not to bo
estopped by the staiemeut and bu was pet milted to
prove at tho trial that it e statement was a mistake,
Hubbard vs. Tbe hariiord Kiro Insurance Company,
:ia Iowa, is to the same effect. So uro the A'.inn
Fire Insurance Company vs. Allen, 48 III., 431;
Commercial Kire Insurance Company vs. iiticken
hurgtr b't III, 4<i4, and numerous olbor mioa
lliut mlgliibe oiled. Hut II Is contended that oviueuce
to show Nolan's allldavil was a mistake that ought
not lo have been admitted without notlco to the in
surers belore tbe trial that such evidence would be
odcred, and in support of this position Campbell vs.
the Charter U.ik Kire and Marino Insurance Company,
Ui ai.au. Ula. and Irvine vs. The fcxenluiur Lumij runcA.
? ' I
Company, 1 Boswortb, 000, are cited. In UMjformer
oflhe^ cmm it wj> neld ilmt .r 'QC"r"c'
giai.iu.nt ol a material matter on
mad* through miatake in a !,,, r. m
primf ui loss lurniahed to lnB,ul[h" , Qi
compliance with a requirement In the cuudit on
insurance annexed to a policy, and no ?a?#B,*l lhe
n.rnt hue been lutn shed to thu insurers be or ?
trial ot uu action upon tbe pulley, the insurcd ea
be allowed to prove the mistake anrt show that in.
facia were not an stated therein. But mat ca.e la aai i
to be very different Irom tbts, and H >a held
NoianV affidavit was superfluous. bec???e not caMea
lor by the contract ol insurance. aud that
it waa mere coujecturo. The rejecuou ol the 1,1
book ol u lodgo ol odd Fellows as allowing the age ol
the deceased is approved, as there was notb tig ,
show that, its cod tents were coiurattnlcaiad or ac
quieaeed lu by tbo deceased. or ibat tbey wero any
thing wuro than liearsay. Affirmed.
Mr. JQtotico Strong delivered the opinion.
THE GiiEAT BOND FOliGEllY.
H will be remembarod that In 1S73 Wall street was
flurried by an enormous tssuo ol counterfeit New \or*
Central aud Bullalo and Erie bond#. So clevor was ilia
lorgcry that Mr. WooBier, the treasurer ol tbe New
York Central Railroad, swore tbat without close ex- ,
animation be could not tell tbe lorged from the genuino
bonds. Several partlee wero arrested, tried and con- ^
vicled of complicity in these lorgonea, end are now
serving tonne in the Statu Prison, for the only time in
their uvea doing the State some wrr.oe. .Pal^ion? a"\
tileason were trie J in the Court ?' wu( ?'J, " lu o ?
ibc originators ol this gisantie seherae ol fruud. One
esseutiul legal link in the prool was wauling, aud that is
L^ suupUed by iniormetlon and evidence.docun.cn
tarv aud otherwise, luruished by Charles J. W,,1"^18n^
alias l'erriue, now serving a term ol giteen yeara in
Sine Sllia Prison lor tbe utterance ol these
bonds. Williamson, until very reeootly, has ro usod
to "blow" on bia Old "pals," but by the advice ol
?i-Judite Curtie, bia new counaei, be has como to
the coucluaiou to tell the whole tale and Ibrow b',n*
sell on ihe mercy ot the State. Roberts and
will aaaiu be brought to trial, and no duunt exiblb in
tbe minds of tbe prosecuting authorities a* to their
conviction by maaus ol the evidence luruiahed i>y Will
iamson. Roberts and Ule.inon are now conOued in
1 utiluw Street Jail, held by an execunon against their
I bodieaTa verdiot lor the value ol .beae bond, having
beeu lound against them. A reporter called on x
Judge Curtis at his office, but thai co"""e' J?1 ?,? had
talk about tbo case, admitting, however, lha
Wo retained to argue lhc W.Ula.naon ease o. appeal,
mid that Irom an examination ol the rtcnru no
?aits fled that a lair chance ?iated lor ?r?JerH?l> ? ?'j.
ol tne oaaes. but that iu regard io the other ue toui
exprosa uo opinion, aa the bill ol exceptions had
been settled.
YOUTHFUL BUBGLAllS.
Four little Fourth ward boya, the eldest or whom
was scarcely teu yean, ol age, and the youngcat only |
six, met together on Sunday afternoon last aud con- |
eluded to have * game ol baaeball. Unlortunately,
however, they had no ball?the only material in their
poaseaaion being a broken bat. How to eel a ball waa
tm. momentous question. Varlona auggestions look
In! toward borrowlug a ball were offered but rcjeaied.
In thia perplexity a happy thought struck one of
qU.Tknowepi?., fellera," aald he '-where there'.
lots ol balls, nice, big rulbcr ones, but we vo got
b%Sau Vet's^t the^winder," was the unan=
reaDonae, and straightway the youug oouspiraiors
huatuned io tbo soene ot action, tbe store of^ tne
r Is v life Rubber Company, on Cortlandil"f0*0W*?
time, bowrever, was riot ripe lor action, obnoxious po
licemen being too numerous in tbe viciuity.
'?Let'a wait until dark," augge.ied the ringleader,
"and then the coppers won't be arouud- .
A murmur ol approval came Irom the ?th#?\l*fd.
?o U happened tbat at ball-past ?Igbl P. *. tbe win
dor wbunted.n UUicer Dalion, ui tbecburon street
police, caught Jeremlih Kelley Irantlcally e"ae?*or {l^
W gSt through the broken pane and arrested him. He
cried bitterly, and Informed on hla ?
lam C. Rourk, Tbomaa Cray and James t owers, wuo
ware waiting around the corner.
At the Tomba l'ollca Court yeaterday tbe youngatera
were held in $300 ball each. Thetr molbera, "I'P*'"
ently respectable women, were In court, and wep
pitooasly over the dlsgraeo of their children.
THE CUSTOM HOUSE GUILLOTINE.
TH* OFFICIAL DECAP1TAT1SO AXJS IX VVLl> M0"
TION?BEMOVAAiS AND CHANOKS.
Tne reform movomont In the Cuulom Houae, as far as
reduemg the loree is concerned, has been inaugurated
by Collector Arthur in earnest, and by tho 1st ol u y
many official beads will repose In the executioner s
basket. On Saturday last the Collector, In obedience
to Instructions irom Secretary Sherman to lessen the
lorceot deputy collectors, informed Maaira. John F.
Osborn, or the Third division; H. C. Manning and W.
F. Warren, of tho Rotunda, and Genoral N. 0. -
lama ol the Sixth division, that their services would
not be required after that day. The Tenth division wua
inerged into the Third, aud Mr. John R. Lydecker,
storclceenor or the Port, placed In charge. The Sevoiith i
boT^ww lemporar.ly auspended and tue old order ol I
?hin? eontinued as lar as his division was concerned.
Mr osborn >. the gentleman who testiUed betoro the
j,.: Tumure and Itobinsou Inveatigaling Commiasion
that the I'enth diviaiou could be abolished aud merged
into i be Third, and at the same time suggested that
the Dreaant loroe in tbo Custom Houae eonid be ma
tenaKv reduced. Hie reinstatement waa tne chief
op c ol conversation among tne Poll^tan. ye. .rd.y
arouna the Custom Hou?e. Several said that the Lol
ipotor must have been nistructeo irom Washington to
iake tlua Hep? and some went so Lr as to hint that the
commission above named had iom?ahlug io ao wiUj 'n- (
ducing Secretary Sherman to order Collector Arthur to
rescind Mr. Osboru's rwmoval.
OTUKR ouasana KKMOVAta.
Mr Warren, wiio was decapitated at Deputy Col
lector was made Chlel Clark ol the Sixth dlvlaion in
id ico ill Vlr. George W. Hurt, wno was removed yea
terday! and Captain Frederick Farmer late Cn .f
Clerk of the Sevan h division, also received bia dia
inisaai as his posit on waa made vacant by tho re
movul ol General Williams. .
At this moment tbe commission, cooatsUug ot
Auditor S. G. Otfden, Colonel VVilliatti H. McMabou and
Mr Hichnrd Grant Wmte, ol the Colioctor s otllce, aud
Kum rintcndcnt Noble, Audi.or J. L. Benedict aud
Chief Clerk Da Zeng, of tbe Survoyor'a Department,
are hard at woik ascertaining the merua ol every eiu_
nluvd in their respective departments, and upon their
report ?he Collector will be gu.U.d in making the re
movals wnlcb Seoreiary Shorman has ordered. Ihe
number ol oflleialB to be removed la to reach twenty
^The'conectoVhaa tune until the SOih InsL tocuriail
his lorce, and many poor leilowa are on the anxioua
Boat awaiting tho inevitable.
STEAM ON CITY KAILROADS.
Anothor meeting of tbo Aldormmlo Committee on
Railroads was held yesterday for tbo purpose ol farther
considering the proposition to permit city railroad
compunles to ran their cars by steam. The petition of
the Tbird avenue road was ruler red to this committee,
and last wock thoy reported In lavor of granting the
privilege ol an experiment The matter was then re- I
ferred back again to tue commuted lor tbe purpose of |
giving the decorid and Eighth uveuue roads uu oppor
tunity or beiuu heard il ibey desired similar peruns- 1
sion. At yesterday's meeting the committee agreed to '
report in lav <r ol extending the privilege to these iwo
last named companies, together with thu Third avenue '
roa i.
Mr. Cowing made a suggestion that the companies be i
compelled to olace outside the cars, in case they are !
propelled by steam, a notice when all tbe veals are oc- |
cupied, and that no more passengers be allowed to enter
until vacancies occur. The commutco did not dectdo
what disposition tbey would make ol this ingestion. |
Tbe report will be banded In to the Board ol Alder* 1
tnun this afternoon.
BBOOKLXN ltAl'ID Tit AN SIT.
Judge Neilson, of the Brooklyn City Court, before
whom argument was hoard two weeks ago, ou an
application made by George Uoerz, a property holder,
lor itn injunction to restrain the Long Island Railroad
Company and the Atlantic Avenue Kuilroud Company |
from using ste?im on the latter thoroughfare, rendered
bis decision yesterday. Ills Honor deutes tne applica
i tion lor mi i ti) ti net ion. Work on the new road will
i now be pushed forward rapidly to completion.
UNSUCCESSFUL BUliGLAllS.
W'hon the bookkeeper of Clark it Turner's Die fac
tory, at tlie foot ol 110th street, entered tbo office yes
lorday morning lie discovered that burglars had been
at work tberc during the previous night. A large auto,
continuing f iHu.uuo worth of I'nuna .States bonds, bad
beon bored by drills. f'owder had been used, too,
witbout ellect, and the burgl.irv bud to ouoteut tUeiu
aelves with ruling a desk ol
MAU1UAGKS AND DEATHS.
BIRTH.
Scallt.?Saturday, lfith, Mrs. Gkomgk 8. |MUT, ol
n son. Mother and child doing wolL
MARRIED.
Mook?Cauibkli..?Ou Tburbday, June 14, at the
residence of tbe bride's parents, Kocky Hill, N. J., by
tbo Rev. H. u Uurg, Walti-h T. Mook to Ui.uk,
daughter ol William A. Campbell.
I'kabout?Ghovksikkk.? On ItHh Inst, by Rev. Dr.
White, at the residence of tbe bride's lather, Mr.
Ukohuc L. I'kaboiiy io Miss Amxa L Urovmtuem,
second daughter ol James H. Urovesteen, Esq.
Walton?Sm ru.? On April 8, 1877, by thu Rev. A.
U. I'artrldgn, K. 0. it. Waltok und Kjima J., second
daughter of Carl timith, Kstj., all of llrookiyn.
DILD.
ixumun ?On kuulat nnrnino. J nun IK. at hir
laio residence, 137 East IStb St., Run** 0. At.mrto*,
Treasurer o> Gocdyear's ludia ltabm-r Uiove Jlauulso
turiut Company.
l'lie luneral will takf place Iroin the bottle Wednes
day, llie 2llib, m nuio A. M.; allt-r winch the reiuuiun
will be tiiken by ibe 10:30 Harlem train to Dover
l'lmui lor burial.
Ballkktixk ?On Monday, June 18, alter a short Ill
nest, Iuomas Hallux ri\i, iu ibe 32d year ol nis age.
I lie Iriends ol tte family, and the members ol Key*
stone Lodge, No 23">. F. and A. M., are respectfully
inv:ied lo attend the funeral services, at St. Jonu't
Cburch, Varick St., near Bench, on Wednesday, at two
P. M., without further notice. Tile remains can bo
si'eu at ins lata residence, WO Broome St., corner ot
Thompson.
Kmyhtoxic I<ouui, No. 234. K. axi> A. M.?Tin
brethren ol Keystone Lodge, F. and A. M., are boreb)
summoned to attend a special communication, to b<
held at the Irwin Koouis. corner ol Bleecker St. and
Bowery, on Wednesday, June 20. at one o'clock, lor
the purpose ol aiieudioit tbe funeral of our late
brother. Thomas Kallenuue.
J?K L. MICHEL, Master.
K T. Stkwart, Secretary.
Bennktt. ? In Brooklyn, Sunday evening, June 17,
Cium.KJi F. Bkxnktt. In the 84lh rear ol bis ate.
The luuera. will take place Irom bis lato residence.
No. 049 Croeno av., on Tuesday, Juno 19, at tw<
o'clock 1'. M. Relatives, iriends and members of tba
Seventh regiment, N O.S.N.Y., are respoctlully invited
to nttend. Interiuem at Salem, Ma.-u.
Salem and Beverly (Mass ) papers please copy.
Comfaxy G, Skvbnth Rkoimkxt N.O.S.KY.,)
Naw Yokk, June lb, 1877. I
With feelings ol great regret and sorrow, tbe Com
mandant announces to tbe members the death of ou
oldest and most highly ro-peeled member, Charles F.
Bennett, who lor a period ol nearly twenty yeurs hai
moat laitb'ully performed all llio duties required ol I
pnvato soldier The meinners ol this company are re
quested to attend tne Mineral Irom his lute residence,
No. 040 Mrseno av., Brooklyn, to-day (Tuesday) at twa
o'clock I'. M., in citizen's dress.
By ordur ol JAMKS C. ABRAM3,
Captain commanding.
John* Mc'Gkkkvky, First Sergounl.
Bkowx. ?Ou Sunday, June 17, Mrs. Jon* S. Bkowx,
daughter ol tbe late Thomas Msllon.
the funeral will take plac? to-dav frnm her late resi
dence, 251 Wont 18th St., at two o'clock 1'. M. Tin
Iriends of the lumily are respoctlully invited to attend.
C.uiill.?On Sunday. Juno 17, 1877, Ax# Cauill,
beloved wile ol John Cahtll, aped 8.j years.
Keiuuvee und Iriends ol thu family aro respectfully
tnvitod to uttoud the funeral, Irom her lute residence.
No. 41=) East 70th si., on Tuettuay, 19th Inst., at ball
past one o'clock.
Callauiiax.? Sunday Juno 17, Kiohakd U. Cal
laiihax, lu the 3Sth yenr cl his age.
Ibe relatives and iriends ot tho family, also tbe
mumbnrs ot Franklin Hose Company, 18, late Volun
teer Fire Department, are respectfully invited tout
tend the Itincrul irom his lute residence, No. 49 Henry
St., two o'clock P. M.. on tbe 19lb in si.
Carry,?-Saturday, 18th lust, Mary, belovod wllo of
Martin Carey, aged
Kehuives and Iriends are Invited to attend tho lu.
norul from St. Mary's Church, Wednesday, June 20, at
hall-pus' nine o'clock.
Cooxkt.? On Sunday evening, 17th inst, Mrs. axxh
Coonist, beloved wile of Jamas F. Coouey, In the 41st
year of bcr ago.
Keiatives and Irtands are invited to attend the fu
neral, on Weducaduy uc.\t, at leu A. M., from ber lata
residence, 846 DeKalb av.; thenoe lo the Church of St.
Jobu the Bupnai, where a solemn mass ot requiem will
be. o lie red for tho repose of ber eout. Tho members ol
tba Sodality of the Immaculate Conception are re
quested by tba Director to attend at the cburch lh<
luoerai services of ibelr late fellow member.
Curtis. ?June 17, after a severe Illness, at his resi
dence, 29 Vundowatcr at, CaAKLitM Cixktis, a native of
Castle Island. County Kerry, Ireland, lu tbe 06th yoar
of his age.
The rsinuins will be taken to St. Atidrow's Roman
Catholic Church, on Tuesday, June 10, where a solemn
mass of requiem will bo uflered up lor the repose ol
his soul. at ten o'clock A. M.; thonco to Calvary Com
etery, at oue P. M., lor lutermeut. Relatives and
Iriends are Invited to attend.
(>AKOsr. ? Juno 16, at Port Richmond, Staton Island,
Maky Dauvky, tbe beloved wile of Lawrence Darcey,
oi dropsy, aged 62 years, nutivo of Cool Buun, county
Wicklow, Ireland.
Funeral on Tuesday, the 19th* from St. Mary'i
Rornau Cuiitoltc church, Oraniteville, Staten Island,
whore a solemn mass will bo ollereu at ten o'clock;
from thence to Su Peter's Cemetery
Duwnky. ?On Saturday, Juao 18, PmuFJ. Downky,
late Cuptalu Eighty-second New York Volunteers, aged
65 years.
Relatives and frienda, also members Hancock Lodge,
49, 1. O. ol O. F., also veterans ol Mexican war, are
respectfully luviieu to atteud tbe funeral, Irom Ins
late residence, 445 1st sl, Brooklyn, E. D., Tuesday,
June 19, at two o'cluck.
Uanoook lojkik, No. 49, I. 0. O. F.?Brotiibum?
You are requested to meei at tbe lodge room, Odd Fel
lows' Hall, on Tuesday, the 191U inst., at one o'clock
P. M. sburp, lor ihe purpose of paying the last tribute
or respect to Brother Philip J. Downey, deceased By
order of the lodge. FKLLX MaKTIaN, N. G.
Mokkis Hloou, Secretary.
Dk MaCakty. ? On Tuesday, June 12, at Durham,
Conu.. Luy.it, wife ot Gustare de MaCarty, In tbe39ili
year of her age.
Montreal and Ottawa papers please copy.
Doxxixa.?In Jersey City, Juno 10, William B. Di'x
xi.so. oue of the proprietors and oily editor ol tho
Evening Journal, airod 46 years.
Relatives aud Iriends are invited to attend tne fune
ral, Irom the Tabernacle, corner York and Henderson
streets, to-day (Tuecuuy). at throe o'clock.
Kaoax?Ou Mouday, June IH, 1877, PjfTKK Eauax,
aged 40 yours.
Keiatives aud friends are roapcetlully Invited lo ut
tend tbe funeral, from his late residence, 319 East 43d
St., on Wednesday, 20th inau, ai two o'clock 1'. M.
Evaxs.?At Suns Souci, near New Koebelle, ou Sun
day nigbt, A.nxa, wllo ol Waliou W. Kvuus, aud oldest
daughter ol Johu Christian Zimmerman, formerly Con
sul General of Holland.
Funeral will take place from Trinity Church, New
Rochelle, on Wednesday morning, on tbe arrival ol
tbo 10:10 irmin Irom New York, via New Haveu Rail
way.
CAPFxir.?At ber resldenoe, No. 1 Merry Mount
Terrace, ou May 27, 1877, Ki.lkx GAJ>rxxy, youngest
daughter or tbe lale Francis Marron.
H?:arx.?On Sunday, Juno 17, Mary, wife o( John
Beam, in the 42d yoar of tier age.
The relatives aua Irieuds ol the family are respect
fully luviied to attend the luueral, Iroin her late resi
dence, 22*> East 30tU su, on Tuesday, June 19, at bait
ouo o clock.
Jamks.?On tbe 17th lost, Gkoeub T. Jambs, agod 41
yen re.
i lit) relatives and trleods or tbe family aro respect
? ally invited lu attend the luneral, from his late real
deuce, So. 012 tttb av.t oa Wednesday alteruoou, at
half-past three o'clock.
Newark, (N. J.) and Hudson, (N. Y.) papers please
copy.
Kbhok.?lu Harlem, oa Saturday, Juue 10, Anx
Jakm Kkuuk, daughter of Uio late Dents Kehoe, In tbe
2Utb year ol ber age.
fbe relatives uud Iriemts of tbe lomily. and of hoi
brother, James Kehoe, are respectfully invited to at
tend her fuuerai, on Tuesday, Juue lu, at one o'clock
1*. M., froiu ber late residence, 1141b si. and 1st av.
Interuiout in t,'ulvary.
Kkl.lt.? On Sunday, Juue 17, Luii* Ku.lt, only
cmiId ol James aud I.iMle Kelly, aged (i months.
Rulatives and iriends are respucifuiiy Invited to at
tend tbe itinera), Iroui ber parents' residence, 31 tf Kast
38; b isL., on Tuesday, Juue lu. at two o'clock I', il.
Killkkx.?On Suturday Juue 1(1. ol Hrignt's dtsoase
ol the kidneys, Maky M. Killkkx, the beloved daugh
ter ol Andruw ana the latu Margaret Killeon,
Her rental us will be taken Irom her late residenco,
21n K.a.-i M4 si.. ou Tuesday, Juue IV, at one o'clock.
No (lowers or carriages allowod.
Mcaiiam.? In Brooklyn, Cai-huukx McAdam, alter a
prolonged illness.
Funeral services will tako placo from the Church
of St. Charles Borrotneo, corner of S. dney placo aud
Livingston at., on Wednesday morning, at ball past
nine o'clock, alter wbicb tbe body will be conveyod to
Ualvury Cemetery lor interment.
Mi Mknojsy.?At Manltattanvllle, June IS, Jamkb
McMkiuimy, lu tbe 48th year of bis aue.
Rotative* aud Irionds ol the lauiily aro rsspectlully
invited to attcnil (he lunoral, on Weduesday, June -U,
at ton o'clock, front tho residence of his bister, Mrs.
John Moore, Lawronco ?L ; Irotn thence to the Cburclt
01 the Annuuciation, where a solemn high ma** of
requiem will be offered up for tho repoee of bis *oul;
thence to Calvary.
Mi.4iiLi.au.? On Sunday June 17, 1S77, altera short
illnes.-, 11wk.n Mi.Qui.lk.n, aged 61 years.
The relatives auil (riends ol llio latuily aro rospcct
fully mvited to attend the luneral Irom bis late resi
dence, No. :<UU Kust Ulst su, ou Tuesday, the lutb inst.,
at oue o'clock T. M.
O'Nkili..?Axkir, the beloved daughter ol Cornelius
anil Catherine O'Neill, aged 1 year aud 4 tnonllis.
'l'ne Irionds ol tho lutuily are respoctfuily Invited to
attcud tbe luneral, from the residence ol her parents,
JirtU av. A . ou Tui'SiUy, 18th inst, at two o'clock.
Uoonky ?On Suuday, June 17, Jamks J., only be
loved sou of rhotuus and Bridget Rooney, agod 1 year,
2 months and 10 days.
The relatives and Irionds ol the family are respect
fully Invited to atteud tbe lunoral, Irom tbe rostdenco
of his pareuls, No. 446 Kast 2Jd St., this day, at two
H. M.
Scaiilbtt.?J una IN, 1877, Sakah Aft!t, daughter of
J a in nr. and Murgery .Scarlett, lu tbo 7tb year ol tier age.
Funeral Weduesday, at two P. M., Irom ber parouts'
residence, 3:iS 3d av.
County Cuvan (Ireland) papers please copy.
Simpmik.?lu Brook.ya, ou Monday. Juiij IS, 1877,
William Hb.nky, eldest sou ol William uud Fanny
Simpson, uned 8 years, 10 months and H days.
Funeral Irom residence ol bis parents, 119 Skllmnn
av., ou 1 liursdiiy, June 21, at two l>. M., to Green
wood. Relatives and Irionds are iiivitod to attend.
Smith.?Kssik Haicht, wile of Isaac Smith, aged 32
years.
Relatives and fneuds ol tho family are invited to
attend tbe funeral, on Tuosday, Juno 19, at two
o'clock, at hough keepue, N. Y.
.SvA.Nro.v~At Jacksonville, Fla., Thursday, June 14,
Aliikkt Bahcock Stanton.
Fuuoral services Weduesday, Juno 20l at Westerly,
It. I.
Stkiwoeii. ?lu Brooklyn, N. Y., on Monday, Juno
18, 1SJ7, Thomas Stiunukk, aged 04 yoars, sou-ln-taw
ol tlie laie Samuel W K.iger, Nowliurg, N. V.
Re atives nnd Irieuds are respectfully tnvlted to at
toud tbo inneral, Irom bis late residence. No. 12 Or
mond piace, ou Wednesday, June 20, at four o'olock
1'. M.
Si. I.ouis aud Newburg papers please copy.
Thomas.?Suddenly, ou the 18th ol Juno, at his rosl'
dence, Mr, Fkamcis Kknkht Thomas, aged 4U years
and 0 months.
Relatives and acquaintances are respectfully Invited
to utteiid the luneral, wuiob will take place ou Wednes
day, tbe ioiU inst , at hall-past Ion A. M , in the St.
I,?.uis Roman Catholic Church (French), McKibhin St.,
between liwen and Leonard sis. Broadway and Kast
New Yoric cars pass uuar it.
Walsh.?Ou Sunday Juue 17, Makuaiikt Walsh, in
her idtli vear, native ol Boley, pariah ol Rahecu,
Queeus county, Ireland.
Fuuerai Iroiu ber late residence, No. 46 Henry *1,
on Tuesday, June 19, at two o'olock 1'. M. Tho rola
IriMila are rwauiicUullV Invited ta?ll??A