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The New York herald. [volume] (New York [N.Y.]) 1840-1920, October 02, 1877, Image 8

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An Illiterate and Careless Executrix
Imprisoned for Contempt
MABEL LEONARD'S NEW ROLE
More Applicants for Discharge
from Matrimonial Bonds.
FRAUDULENT LIFE INSURANCE DIVIDEND!
A decision ot much importance ta relation to th?
resuouaibiiiiy el ezecutor* ot wills and trustees gen
erally, and their liability tor punishment (or a viola
lion ot their trust, wua yesterday rendered by Surro
gate Calvm. The case camo up ou a iuouoq to puntab
itadaliua Hahlin, late execir.ru of tbo la*t will aud
testament ol 'lhotras llahlin, tor non-compliance with
a decree of tbe Court mado ou ber accounting, wu e re by
aba was adjudged to pay to Mary Urune tbe turn o(
$1*112. On tbe return to tbo attachment tbe toatt
mouy taken abowed aubaiantialiy that the deceased
lelt a tenement bouse somewhat encumbered by mort
gage, and a business ol purchasing ana sulo of tbo
broken meats ol cortain notels in ibis city, and the
general tragments remaining lrom tbelr tables; that
ttM /ill as uuderstood by tbe executrix required ber
to continue ibe business, so aa to preserve it for ber
?ldost son when be snould come of age; that lor some
time sbs did continue tbe business, but, as she a wears,
U proving unprofitable she disposed ol It, wbiie there
Was some testimony snowing or tending to
?bow tbat tbe business was profitable. Sbe
admitted under oaib that soon alter tho ile
cease ol ber uusband, and in 1S69, she drew from
tbe savings Oanlc tbe sum 01 $1,1*-, tbe umount ot a
legacy bequeathed to ber in tbe will; tbat sbe bad
collected tbe renu ol the house, but bad expeuued all
aucb rents auii ber o*n legacy in paying souie debts
01 tbe testator. In puying interest on the mortgage,
makiog repairs upon the premises and 'n the support
ol berseli nnu children, to that sbe uad become en
tirely destitute ol the means by which to perlorm tne
decree. Below >a given that portion 01 the Surrogate's
opinion deciding the motion ou tbe question of pun
ishing ner lor contempt:?
"li Is true sbo appeurs not to have kept any uc
coanl of ber receipts aud disbursements and to have
greatly neglected hor duty as executrix, yet 1 do not
Cuuoi lrom the evidence that sbe bus without au
thority expended tbe inouey aud is now without
nieaus to comply with the decree. Under soctiou 4,
3 R. S. (tt Kd.), 839, tbe prisoner may be committed to
prisou until such ?um, wlib the costs and expenses ol
the proceedings be paid. By s ction 20, same statute
it is provided that if tbe Court shall adjudge tbe
deienu.iut to have been guilty of the mis
conduct alleged, and such misconduct was calculated
to or did deieat tbe rgbts ol a party in a muter pend
ing in such court, it shall proceed to impose a fine or
to imprison, or both, but in c?seot inability to perlorm
tbe requirements imposed, ibe Court ordering such J
imprisonment may relieve tha person so imprisoned
in aucb manner and upon sucn terms as it snail deem
Just ana proper. In view ol ibis power testimony
was takou upou the question ol tbe accused being able
to poriorm the requirements imposed, in order
tbat the reliei might be aRjrded without the formal
imprisonment, il a proper case hbouli appear to have
been made, tnough the scheme ol the statute seems to
contemplate the commitment first, aud the relief to be
?ought thereafter. The natural repugnance to Im
prisoning a woman makes ibis proceeding peculiarly I
uuwctcouieauu ombarraasmg.yet wniie the law provides
lor her appointment to such places ol trust 1 sea no
good reason why sue should not ba held to tbe same
strict accountability as males. It very ollen occurs
that an administratrix or executrix is called to account
who has used the lands ol the estate lor tho support
ol harseii and family, entirely rogardiess ol tbe ngbts
ol creditors, and who seeui to suuposo that they have
done right, but a still greater griuvauce as well as
Inconvenience arises In very many case* lrom tho ab
aence ol any account whatever ol the proceedings ol
tbo representatives ot estates, resulting Irequentiy
from their inaoility to read and write. 1 am aware
thai it has been the custom of this office for many
year* to issue letters to wholly Illiterate
persona, While with very rare exceptions the settle
ments of tlio estates they have represented have been
attended wub great expense. uncertainty, duaaiislac
tion aud laniily discord, as we.I as aerious loss. In
view ol these well known lacts, it seems to me that
hencelortb tho spirit ol section 6 ol chapter 7W ol tue
ImWs of 1S07 should be tollowod, and the discretion
there coulerreu exercised as a geueral rule, lor the
danger ol granting letters to illiteratn persons there
suggested has oeeu luily realized iu practice. Indeed,
ilia sell-evioeut that where the law requires executors
and administrators to reuder au account ot their pro
ceedings as such lrom time to time it presupposes
them to be capable ol keeping aud rendering such ac
counts. Hebc.-'orih uppli.ations lor iett<rs testa
mentary and administration by auy person unable to
read and write snould be rolused, uuiess specially or
dered by the Surrogate. lne prevalence oi irus
teea' deiaicallons has impelled the Legislature
of thia auto to enact a law calculated, by au
thorizing criminal prosentiuu, to eulorce the honest
performance by trustees oi the r del.cute and respousi*
ble duties. Chapter 2US oi the Laws of 1877 make* the
conversion to hi* owu use, o.- the Irauuuleul withhold
ing ol auy money, goo s, property, rights in action,
4c., boiouging to an estate or person, by any person
acting a* executor, adnunmirator, trustee or guuiiian,
rmbezxlemeut aud puuisbablo by liuo uod imprison
ment. It i* desirable that ibis law suoultl be calied to
the attention ol all such trustees, and bencelortu the
letters >ssucd should coula,n an indorsement by wuy of
notice of iu provisions. 1 nave deemed it to be my
duty to sav thus much upon the geueral subject by
way ol calling uttjnlion to ibe uuties aud responsibili
ties ol trustees in the hope iuat it may re
sult In a more diligent, taitbiui aud hunost
administration ol their trusts. Now us to the proper
disposition ol ibis motion, tho executrix may congrat
ulate- ln-rseii th a tho law just i itud is not retroactive.
1 entertain no doubt on the evidence thai she is subl
stantialiy without the means ot pcrlortniug tne deero
lu this matter, and that her luipriauutuent canuol aid
the benetluary whose luud* have Ijeuu misappropri
ated. And as tbu widow a-< doweres* ua.- au interest
lu the premises it seems to me that that inteiesi
should be devoted to reimbursing the claimant. 2<he
should be commuted to prison until abe shall pay the
earn required to be oaid by said decree aud *So costs
or mis proceeding, unless she shall execute a reieaae
ot so much ol her interest in the premises and to tue
Touts thereol aa abail ba neceasary to cover such sums.
MABEL LEONAKD IN COUiiT.
Tiia child actross, Mubel l.eoaarJ, and nor mother,
Mru. Rogers, aud her stepfather, Jobu f. Rogers, have
t>etw?eu iticm occupied lor Hume lime a considerable
?bare ol the attention of tbo courts. It Is uuuecessary
to recite ail the detune of the case, they having already
beau fully published in the Hmialu. I'be mother, Who
is an actress, placed Mabei la a benevolent luatitu
tiou here durng her temporary absence lroiu
the cliy. 'lbe society lor the Prevention ol
CTueity to Children suusequeully took churge ol thu
cnt.d to proveiit the mo ner resutu u.i custody
?J her, and, pending habeas corpus proceeding* by the
mother, Juage Uouobue piuced ihu child in custody ol
J. C. Herriou, husuuuu oi Clara Morris, witn whom
the child had .ictoa ut the Unlou .-quale fheatre.
Young Mabel escaped Irorn Mr. iierriott a custody, aud
lier mother aud siepiatuer were in contempt ut court.
'X ho stepfather was commuted to Ludlow Street Jail,
from winch ne baa louB beeu He.jkiug h;s dlscbatgo,
tla.tniug bis innocence tu tliu matter. .Meantime the
tuother and Majet disippexrsn at>J a cut West. On lust
Saturday night, as reported in the Ukralu, Mr. Jen
kins, oi the .--ociety 'or the Prevention 01 cruelty to
Cbiluren, arres.sd oo.n mo.iier ana daughter bemud
tne scenes in a iirooklyn theatre, where Miss Morns
Was pertormiug. Until ??ie kept in cu'touy until yes
teroay, wnen mey aero oiougui neiore Judge Duuo
iiuc. Muuel, who whs moat neatly dressed uud wear
lug her Ual in a very jaunty style uU the aide ol her
bead, was the cuutie ot general uot ce, aud tbo
mother, wuo was aiso moat taaleiuliy uitired, e?tue in
tor a large share ot attention.
Mr. Delabeid, counsel lor the soc.ay, usUed that iu
terro*aiones be Q ed lor the mother to ausf.tr, wtu.u
Was granted, and iu tuc meantime thu hioiucr wui re
mitted to the custody ol tne K>ugs county sliorill to
give her time to arrange her household affairs. Mr.
Aured sleekier, who appeared on tel.all ol the mother,
iu ibe aoseuce at Aibuny ol Mr. William Howe, tier
counsel, asked thai the child be remitted to ihu cus
tody oi the attend or to uer mother'.-, custody, sir.
lim iheld moved tu have her tent to the Kpiscopai
Mouse o> Mercy ponding proceedings. Juuiic iJo uuuti
?aid the child nad been a.ready taken out of the cus
tody <il the Court anu it was best uow to place her
Where she Could uot escape. lbe oiae wi?a lueu ad
journed lor three days, the child iielu,; oroerod to lb*
ilouae ol Mercy uud thu mother back to Urookiyu,
with iLltructiouS thai alter sua lixod up her household
maticrs tbere sbo be reminded to the ousto-y ol the
fchenit <iI this county.
When Judge Duiionue had announced bit decision
ho toil the beuCU and thu crowd gutuered ubout Mab<*l
aud her mother. Mabel threw not arm* around her
mother's neck aud huug sobbing on uer bi>aOtu. 1 ne
mother Kiaaed her child again and mailt, uud mingled
tier tears wuu those ol bur .luugmei. Mabel cried out
that Mr. Jenkins hsd hunted uer down, and vowed
Vengeance upon him. Mrs Rogers, lu indignant onus
and trembling voice, deacritied thu action oi the Court
as an outrage; said llntl she wus a Unii-li subject, and
auuouuced bor iBieutiou 10 eal to her government
tor protuctiou. "1 have bueu uouuded irotu place to
place by the offlcers ol this society, while 1 *im cti
Ui avoring to obtaiu au honest liv.ug and supnort my
child." db?> called upon those nuoul lior to witness
tne outrage, aud said that sue would obtain redress.
Do ouailer what trouble aud niouu> it ungni cost. -She
laid, uioai dellantly, that her d-iugutar should not be
Separated from bur, and that whore one went both
would go. VVheu the olth'ers came to remove them the
mother relented, and telling Mut.el not to cry, ibcy
want their UiUertal ways. Meautune Judge Duuouue
directed the discharge ol Mrs. Rogers.
THE DlVOUClii BULLETIN.
Mr. John 11. Gardiner, ot tba Atlas teumsnip Cora.
pMff* w** arrastcd and held to ball jr*st?rua/ id the
?um of $5,000 id the suit lor limited divorce brought
agamst him by bis wile, Anna K. Gardiner, on itio
charge ol habitual drunkenness and cruelty, ller
counsel, Mr. Jatnes M. Ward, applied to Judge Vail
Vorat, in Superior Court, Clumbers, lor the order of
arrest, which waa not granted till after considerable
argument. Tuo couuselior alated that be applied lor
the order under section 540. subdivision 2, and section
600, subdivision 4, oi tho new Coda ol Procedure.
Tue chiel authority advauced In the arguineut in
suppport of the motion was tne caw ol Jame
son against Jainesou, decided at the May :?rin
ol the General Term ol the Supreme Court No little
difficulty was expurieuced in arrvaiing Mr. Gardiner,
and his hou-e, No. l'gtt Macdougii street, waa witched
tor several days be lore tu? aoputy stierill could luy
bauds on him. Aa he waa leaving tue nouae yesterday
tiioruuig and about entering a carriage that olllclal
captured turn and looii hun to the Siienlt'a oltlco,
where Mr. Gardiner lurmsbed bail in tun ainouut
above stated. llie prisoner took hi* arrest very
philosophically. Tha details of tho ca?e are familiar
to .ne readers ot the Hkkai.d, having oeen pah*
Untied la extenso on U.e 24th ol last moutn. the ar
gument on tue motion for custody ot thu children, ali
mony and counsel's fees comes up lor heariug and de
termination to-day in Superior Court, Chambera. Tne
arrest ol Mr. Gardiner is said to (hi the brat arrest in
a divorce caao uuder the new Cud* ol i'reoedure.
lu the suit lor divorce brought by Mary K. Jawo.-ou
against Daviu R Jameson, in whicu tha delei dant in
January last waa arrested and held in (iu.uuo ouil,
aince which tltno be has boeu in jail, Mr <J. K. Dyatt,
the delendnnt's counsel, made a motion yesterday, at
Special leria, bolore Judge Van Vorsl, ihat tne case be
tried at an uarlv dar as a preierred catiao. Alter Hear
ing Mr. K. L Hansom in opposition, Juige Van Vurst
dirocted thai the caao bo sei down lor trial on the l&th
that., ou condiilou that the deleadant pay $104, an
amount ami due toward payment ol expenses.
Catharine Nolan aaya tout her husband, William
Nolan, haa bom unlaiinlui to her, an l haa accordingly
brought a suit lor divorce against him, aul Judge
KobiLSon yesterday ordered a relerence in the cafe.
FAY OF CLEKKtf.
A caaa of couelderabie interest to merchants and
clerka, as illustrating tha careless manner in which
comracia of employment are entered into and the con
sequent auOeriOK that may ensue on one aide or the
other, was triad yesterday beiore Judge J. F. Daly, in
the Csurt of Common Pleas. lu Noreinber, 1875, Mr.
J. W. Brink waa engaged aa salesman by fay, Haze a
& Co., wholesale merchants ou Broadway. The con
tract was to commeuoo in January, iSiO, and to run
lor two years at $2,000 per year. Tbie contract or
memorandum waa aignod by Briuk and not by tha
tinn. A lew weeks aft', rward tho parties
made a new writing on the same pieco ol
paper that coutained tne original coulraot relative
to tne compensation of Mr. tirink, relating to
having chariro ol a depar.mcui. in their store.
This latter memorundum was s.gued by fay, Maiceii it
Co. Alter Mr. Ur.mk began work the lirui, as a matter
ol accommodation, paid him seml-monthiy moneys to
upul> lor his services. When these payments ceased
aiter couuuuiug tor severul weeks Kr. Brink, constru
ing them aa an agreement to puy him semi-nionthiy,
began suits every two weeks lor tho money alleged to
be due, until lour suits hud been commenced, cach
vigorously resisted by the him. In oue ol tne suns
tried in the Kigbtu District Court judgment was en
tered lor Mr. Bunk, but ou appeal the General lerui
ol the Common Pleas reversed it. In September, IsTtf,
during the pendency ol those suits the ilrtu
discharged Mr. Brink on the ground that he
lorieued his place oy having brought uuiounued and
vexatious suits. The pieaeut -uit was lor (4,000 dam
ages, Mr. Amos (i. Hull, counsel lor the firm, con
tended that the contract was void under the
statute ol fraud*, and could form no basis lor a cause
of actiou. Judge Ualy ruled that (he two insirutnouis
together would take the case out of the statute, aud
denied the motion to 'dismiss on this grounJ. When
the plaintiff's evidence was ail lu Mr. Hall, having first
put in proof ol the pendeucy ot the various suits
brought by Mr. Brink, reuewed his motion on the
ground that the conduct oi Mr. BrtuK lu bringing tne
suits was inconsistent with the duty ho owed as a
laithiul servant of his employers. Mr. Coursen replied
lu opposition, but Judge Daly (ranted the motion and
dismissed the case.
WILLIE DAW, THE ACROBAT.
Willie Ktutnerson, bettsr known as Willi* Daw, the
young acroost, teems to be the bone of unrelenting
contention between his parents, ilie Society lor tbe
Prevention of Cruelty to Children ana bis acrobatic
Instructor. In 1872 bis parents, who lire in San Fran
cisco, indentured the boy to Howard Daw lor Tour
years, to be taught trapeze aud gymnastic perform
ances. At the expiration of the lour years Willie,
who perforins under the name ol Wliile ilaw, Having
become au expert acrobat, liis parents, througu the
society, applied lor Lis custody, und a writ oi habeas
corpus win sued out. Judg-~ D >nobue roleried the ruu.t.T
to Mr. William Sinclair. Ilie examination show* lual
the boy waa kindly treated, had beeu taught to
read aud writo by Mr. Daw, and upou a physical ex
amination he wan pronounced ueuitny aud sound. Mr.
Peter Miicheil asked Juuge Douohue to give the cua
lody ol the bay to Mr. Daw, claiming lhat parents
who would indenture tbair child at au oarly age to an
acrobat performer were uot lit persons lor the cu.ld's
custody; that alter they bad parted wi.h him lor lour
years aud ho bad become attacued to Daw it was cruel '?
to lake him away, aud that the boy beiug exceedingly I
precocious his wishes ougul to be consulted us to wuu
Whom ne would rather live, he prelerring to slay with
his aorobanc instructor. Mr. Dolalield appeared lor
the society, and 111 order to lurther exunnue tbe child
by the Court the matter waa adjourned until morning.
A COUNTERFEIT TRADE DOLLAR.
John Shauauii waa getting bis boots blacked closa
by the candy stand of B iptiste Benuoti Whan the
laltar improved tbe occasion by inviting Mr. Snttunon
to buy a stick ol candy. Shannon sa.d bo would il tha
Italian could change a dollar, at the same time baud
lug him u trade dollar. The Italian went to get change,
aud, as he says, discovering the dollar to be a counter
lull, had Shiunon arrested. The latter suid bclore
Commissioner .-liieid* yesterday that ho had uo knowl
edge that tue dollar was bad, aud thai li ibe Italian
had cutue back to him aud told him so ho would have
given him auutder.
"Du you uudersiund English well?" inquired Gen
etui Foster ol Ihe Italian, during the examination.
"No, me sick iu my ear," was the reply.
The . VHiuiit e was louud wholly insuiHcient to sus
tum the cbui ice ol auy guilty auowledgu ou the part of
Mr. Shannon us lo the dollar being a couuterteii und
he wus discharged.
TRIALS OF A LOG CATCHER.
Thomas Butler waa recently convicted in the Court
oi Special Sessions of assault and battery und sen
tenced to ten days' imprisonment aud to pay a Due of
$10. His counsel, Mr. Jobu U. Moil, obtained yester
day irom Judge Barrett a writ ol certiorari wub a view
lu carry tha ca a to the General Term lor renewal and
lrom Judge Douohue a writ ol haoeaa corpus aud an
oroer uumilliug me prisoner to bail peudtug ihe hear
ing at tue General Teriu. Butler was a dog catcher
aud employe . au ussislaut wuo captured lue dog ol
Anthony Greeu, a baroer, who. ou seeiug his luvonle
c.iuiue being carried aw.iy, icll a customer hall aiiaved
und, with razor iu naud, undertook to recapture hia
d<>g. Butler kuuuked dowu lue burner, hence his ar
rest. lie was couvicloo on the ^.rouud lhat he nud uo
riubt uudcr the order to employ a deputy. Mr. Moll
insists lhat litis right beiouga as inucu to a dog
catcher aa to a sheriU.
AMERICAN POPULAR LIFE.
Mr. Edward L. Lawrence, receiver of the American
Popular Lite Insurance Couipauy, was yesterday, on
uppliculion ol Attorney Ccueral Fuircbild, directed by
Judge Douohue 10 bring suits against various stock
holders to recover dividends alleged to have becu Ilia*
gallv paid to ibeui. Mr. Lawreuce stales that au ex
auiiuetion ol tho books of tue cotnpuuy shows conclu
sively lUat the name had beeu .usdiveul lor a loug
time pievious to his appouiiuieul us receiver; thai the
company hud ul interval* declared divideuds ou the
capital slock au<i paid sucn dividends lo stock holders
out ol uioueys lalseiy praieuued lo have oeeu earued
b, the company, aud lout a number 01 persous wno
bad been applied to to rolunu such paymi tiis had re
in jed lu du ao. Be g.ves a list ol tho aliened derelict
parties, aud against such the orders to bring suit waa
granted.
DECISIONS).
SL'HtKMK CUCK'1?OUUXkEltfl.
By Judge Lawrence.
Kooaoveit Hospital, *c., vs. The Mayor, Jcc.? Tba
couuael lor the deiendaut ralers in ins supplemental
poiute to the c*ae oi at. Joseph's Asylum, receutly
dei idod by the Court ol Appeals, aud claims that lue
decision iu llial case dispose* ol oue ol tbe pnucipal
points luvoived in the case belore the Court. Ihe case
releried ui does not appear lo be reported and 1 desire
a copy ol lite opiuioo, il counsel can luruisb it.
Hatner, <o., vs. KaUer, Ac. ? Assuming lli.it ihe
learned cuuusel .or ilie defendant is right iu contend
ing luat lue questions luvoived in this action, aud iu
ihw sun in tue Gourt ol Cuuucery oi the slut* ol .New
Jersey, are the same oi substantially tue same,
1 um ol the opiniou lhat tha motiou
lor leave to liiu a supplemental answer should
bo deuied lor the reason thai the action
iu this court was commenced hrsl. Tbe rule la that
where there uro two proceedings pentiiug between the
samu parties lor the same cause Oi scllou Ihe process
ings lirst commenced Is a bur lu tho last. (liosbeii vs
l.yon It), Bart., 401. J lu the case of Bales vs. Fellows
(4 liosttorth, tijvj referred lo by counsel the Court le
lu-od to pass upou tUe qne.-ltou of the .-ui!n:ieiu.>' ol the
inuaier proposed to bo pleaded in Ino supplemental an
swer because it depended upou a question ol lacl to be
proved. Bere the questiou of cUlliciency is necessarily
oue ui law, aud uuner tho necisioll iu 10 Hart., above
Cited, the manor proposed to be pleaded cannot be a
bur to I .is action, kiotiou deuied, with (lu co.-ts.
Matter ol the i.ast Will, Ate , ol Jaiu>s Hurler, Jr.,
in:.?Keport ol reiurree coullrtned, with costs. Upiniou.
ilalstod vs. Lsumati ?An allowance ol Uve per cent
ou the amount received la ({ranted lo de.eudant.
Memorandum lor counsel.
i'he People ex rol. It Her vs. Smith slid others, iic.?
1 he nrst exception taken b> the respondents lo Ihe
writ cannot bo sustained. Ihe wilt explicitly slates
that ihe individuals addressed constitute tue Board oi
foiico Commissioner*, and il Is addressed lo iheiu as
such Commissioners. 1 do not regard the writ as
argumentative lu tbe respect claimed by tue re
spondents' counsel. Ail the other exceptions seeui to
isiate lo matters which can be more apyroprtatoiy dis
[ posed of when a return baa bean made and all lb* facts
i oi tbo caae are baiora the Court, and 1 du nut leal dis
posed to pass ou the <|uo*tioo sought to ba raised on a
motion to quash. Motiou denied, without coata.
Ky Judge Barren.
The People ax ral. O'Brien vs. Board of Assessors;
Miller vs. Br.aril of Assessors.? The settlement of
thuso orders can now be brought up on notloa to tha
Corporation Counrel.
By Judge Doaobue.
<,?venseu. Ac., vs. The Red Line Transportstlon
Company; Thaulo vs. Krekeler.?Motions donled.
Smith vs. Uveruianu.?Sea parts marked out; other
to st*i.d.
In the matter or Dickie, Ac.?Orantod.
I By Judga WestUrook.
Lewenstein vs. Roberts, Jr.?Motion to vacate arrest
: granted, with |lo costs.
In the mailer of Subualbe.?Motion granted; Jane*
| 0. Kisk appoluted trustee
Sparks vs. Ingrabam.?Motiou granted.
tielmke vs. Hacker.?Ruii reduced to $1,000.
tiauo vs. McCuun; Wright vs. l'ha Mayor, Aa ?Or
ders grunted.
Sl'PEEIuB couur?SPECIAL TtEil.
l!y Judge FreeJmau.
Wyinan vs. Blumgart ei al ? liotion donled.
Weed vs. The Mutual Benefit Llfo Insurance Com
pany.?Remittitur filed; Judgment affirmed.
Wustern Cniou Telegraph company vs. Harrington
et al.? I ho injunction al present m force should be
contiuued until trial, witb $10 costs, to abide tha
event. But auy of the defendants who will execute
the stipulation referred to in the supplementary sun
gestloiis iiandod up by plalutiff may, as against tliem
sevel, have the injunction so lur moaitled as to be
able to proceed with suits already pending. Order to
ba settled ou motion.
B.v Judge Van Vorst.
Welsh vs. Skidauro 01 al.?Order settled and
slant-d.
McKelvey vs. Lewis,?Motion denied, but without
coats. Opinion.
By Chle! Judge Curtis.
Croker vs. Croker. ?Order sigued.
Audersou vs. Wetxler.?Motion that defendant make
cortain statements and allegatioua in answer more
detinue and certain granted, with ousts of motion to
plsintiff to abide event ol suit.
COMMON PLKA8?SPECIAL TERM.
By Jndge Robinson.
The Javenile Guardian Society vs. Roosevelt.?Com.
plaint dismissed.
1 he Exchange K're Insurance Company vs. Early;
Colwellvs. Keefer; Nolan vs. Nolan.?References or
dered.
In tbo matter of f'alrchlid, Hill It Co. ; Hogan vs.
Ouiu; Hogan Vs. Lawson; Hogan vs. Lantry; Hatch
vs. Wicks.?Approved.
Noiung vs. Grass. ?Order granted.
MAKINE CODKT ? CHAMBERS.
By Judge McAdam.
Blrschberg vs. Davis.? The <ielence of aocord, with
out tender ol satisfaction is defective (C. T. Kingslev,
Ed ui. S., 1,1-13). ? Ihe motiou for Judgment granted.
Geo vs. Olmstead.?The supplemental order merely
I affects moneys due on the 4th of September, 1877, the
day on wtucli it was granted. See Merrian vs. Hill
(\ol 1 p. 260 Weekly Digest). The defendaut will there
lure be required to submit to u furtner examination
on the 8th 01 October at ten A. M., as to what portion
of the money collected was thun due,
Adums vs. Valentine; Wight vs. Ricking; Grasse
vs Blake; Kedmond vs. Byrnes; Pearsalj vs. Mal
colm.?Motions granted.
Byrnes vs. lieieyer.?Motion denied, without oosts.
Wiliard vs. Colgate.?The 100k account and rlug
must be transferred and delivered over to plaintiff.
Leslie vs. Moody; Hart vs. Connor; Low vs. Ely;
Rico vs. Buna; Williams vs. Couuolly.?Orders set
tled.
Coyle vs. Rclfly.?The evidence Justifies the ap
pointment of a receiver, JohnS. McGilL
Cary vs. Williamson.?Defendant ttued $10, to be
paid on or beloro October 3 and orderod to appear Oc
tober 3 at two P, M.
Ferguson vs. Zucca.?Motion granted for October
19. 1877.
McCullum vs. Lamttan.; Wltdack vs. Kallsch (two
eases). ?Motions granted.
Wcdemeyor vs. Vincent?Arrest vacated.
Sterling vs. Stewart.?Dismissed.
Pretidiulo vs. Cavanagh; same va Le Grind; Same
vs. McGibney.?Judgments.
The Great Ceoncil of tha Improved Order of Red
Man vs. Erhsru? Judgment for plaintiff ou demurrer.
Bogsri vs Davidson; Keller vs. Footo; Harrison vs.
Roche.?Defaults.
Lindner vs. Boyian.?Decision filed.
Mullen AReum; Lewis vs. Solomon.?Sureties ap
proved.
SUMMAliY OF LAW CASES
A seduction .ail hut been brought by Andrew Solu
tag against Locia Grass, and the defendant who la.
minor, yesterday obtained ?n order troax Judge Robin
sou appointing bis lather guardian ad Jlt.ui,
The Supreme Court, General Term, yeste'ro.y after
hearing some Important motious. adjourned till next
Monday. The adjournment was to allow the judges
opportunity to attend the Judicial Convention to-mor.
row in Albany.
On application of Mr. Peter Mitchell Judge Barrett
yesterday granted an order to show canse why the
Musical ProtocMvo (Juiou ol New Yori? .uaiiij
atore to lueuiberab.p Giuseppe Maxzocapi Tfco
was made returnable touay. """""P'- ihe r-,itr
A writ ol habeas corpus waa granted vmibmh n?
Judge Barren, on uppuc&tiou of Mr H c n??%i
rtquir.ng the Caihonc i'roiactorya WW?''T'
county to produce ,n Court CatKrini and Mar^7
* itzs.mons, respectively eight and ten years ol Jt'
these children, it >s aliened, were taken up SWa^K
It is now claimed thai they strayed awuvn^n i
- ?5
required by the rule* ol me compact reP?*l?<', as
in the case of Henry W. Thaule Va. Mar.aret M
*r 'or malicious prosecution, iu%b7ch
gave Thaulo a verdict 01 $a.5oo . mJt.o" ?ua maVabf
her counsel. I'eter Mitchell lor a n.w ? U,* by
posed by D. M. Porter, course? lor Th n* ?*"
Douohiie yesterday rendered his deciaioS denyln.i^
motion, witu costs to be paid by Mrs. Krek.Ur
some Iiiuo Since motion w, Ji " t
Lawrence, In Supreme Court Cham^r, t ? Jo.Ugo
writ ol uj.?ndamut? to comuei'th* <* Quash a
;u P.,?????.
t.ou was argued by Mr. McCleau on behalf of the i"ol c?
Comu.iss.oners and opposed by Messrs. Grunt aud v
decker on buhaii ol Sergeaut Miller. Vesterdav ih?
Judge rendered a decision in lavor ol tho *e "keaUt.
in most 01 the State courts yesterday u tLiua iho
coinmcucetneui of a new term v?r?i..'?i~"<
szra", r ? "^s,wr?dr.;
trial All the judges put in a prompt appearance and
the improving eflects or their three month.' rac'ation
1T1 r 10 ?Tonacd complexions and
?. ell auerK>' with which they enteieduton the
discharge ol their judical duties. It was a Benar.J
day o congratulatory handshaking all aroSn".
I. tnd*ri??W'? ?' M??lale James Foster Jr Mrs
Mary i. Whittlesey wua lelt $ao,(KHI, nh.ch lu'nd the
executors ol her father, not wi.h ng o have th. wr. of
It, .rauslerred, by order of tho Cotrt, loAnthonv L
Hoguet and Androw C. Geuy Alter t u.
Hoguet petitioned tueCouri lor his dischargi whhih
wiu ^ranted, it is now claimed mat $20000' of tbo
tnouey wua lost through accept lo# worthless a^niri
toZgZVxZUu',ag ^
0. e"cui?"
lerday couUrm.u thia report" n ttpm"?"he 'c'ot
other cf;;r?y *?*?.b*
g?nee\l sEbsioNs?past 1.
Beloro Recorder Haokett.
MALARIAL ATMOSPHERk OK '1HE COURT ROOM,
Opening the proceeu,nSs yesterday was a chargo to
he Grand Jury. Recorder Hack.it, alter giving his
r.er. ,n regard to the f.auds perpetrated by saving
anU tl>e,r ? regard to finding indictment,
agaiusi the derelict ofllciaia, which is publi.hed .Ise
wherc. called the attention ol the Oraua Jury to chap
ter- 371, Laws of 1876, and chapter 207 or the Laws ol
4UU wenl 00 lo ?*r on three occaaions grand
juries, alter exper.enclug th. vile, pe.ui.rom .?d
malarial atmospher..t all times of Part I ol the Court
and surrounding rooms devoted to the conUnenient of
prisoner, .waiting trial, witnesses, relatives .nd
I ill., a, "" ,CCUS0<1? """ Pr-?#nted tno
I Place as a nu.a.nce. The court room wa. con
, ataotly crowded with apeci.tora d.mroua ol hear
prison pen wlV'oUen^ll.d wuu?m m.^y .."Ixty nr'ii*
i ""t h *il I .in "n d'e'x haiso* * l iViuive re*ked
the uulsou iu tiiu aim<?n>TJ.. . ? ' ' lucreased
the health ol every uerf.n *n .,'Utt,troUl?l> ellected
heahh ha'd sud.r'd p^"00, U'"
had uu v.sen hie. tuat h* .udaa , physician.
ixzr .:u'vrs r^;?
Jlio Boarti ol AlUcnni'Q iJuli U,!^ , 4,1
rear?ss tui? wrono umi ??? .w Powar to
irswiWras
, in. ground and turned ti10 judiica oat .1. 1 m
? s:sr 23 "'zvfi i???s
1 SZHi iu^S lr^r?>0U 10 ? Th'i
KliilANhltO FOR IKNTKXO '
Frederick Buckingham w.. arraigned'lor trial by
Assistant Diatrict Atto.ney U.l,, CharKed with haviug
forged a check lor $4,648 78. wh.ch ,-uruortod to hayl
been drawn by Messrs. Hatch & ioote, No. 12 Wall
?t.?ei, on ih9 lJhc8oix National Rank, and tudorstd by
| tbe bookkeeper 01 tbat institution. T U. Kghler.
TUo check vii presented to tbe cushler of the tenth
National Ban* no 1 tbe lorgery was detectod. Tbe
prisoner was arrested and taken to the Tombs, and
was at ttrsl supposed to ba Cbauucey Joliuson, a well
known swindler, but tbe supposition proved to bo in
corroct On tuotion of Mr. Bell tbo prisoner was re
manded for m nience.
GENERAL SESSION'8?PART 2.
Before Judge Sutherland.
Tuo Court was occupied during tbe daj witb a num
ber of minor cases, the moat Irapcrtant being tbat of
Anr. Rosenberclier, of No. X Bowery, who is charged
with tbe larceuy of a gold watch and cbain ou tbe 1 5th
ol aopieiowr last Tba iurluer heariuj of tbo case
will bo resumed to-day.
THE RING SUITS POSTPONED.
i Tbo adjourned circuit lor Jauutry. 1876, ol tbo
I Supreme Court, which wns postponed until yesterday
for tbo purpose of trying tbe Ktug auits. was further
i postponed until tbo first Monday in December.
COURT CALENDARS?THIS DAY.
SfPRKXK Cociit?Cuamuiirs?Hold by Judge Bar
Nos. 07, 104, 110, 112, 116. 118, 110, 134. Call
Iroia No. 13b up to and including Xa 200.
hl-fRKMK Court?Ukkskal Xkkjc ? Adjourned until
next Monday.
Sui-kkmk Court? SrsciAL Tkrm.?Held by Judge
Vun v'orsu?Law and Pact.?Nos. 501, 48. 664, 55fl.
6til, 666, 6o0, 470, 571, 1 32. 004, 672, 67-i, 074, 675,
670, 677, 678, 679, 680, 681, 482, 683, 684, 68ft, 68B, 687,
6?8, 689, 600, 601, 602, 603, 691, 605, j'Jt, 507, 600, 600.
601, 002, oca, ouj, ooe, aoj, eos 010, on. 012, 613.
aui'KKMK CouKr?Circuit?Part 1?H-ld by Judge
Dononue.?Nua 4528,'i, 1, 2710, 3380, 3413, 4385, 3677.
3175, 3^73, 33U3. 3431, 3673, 674 >? 1381, 3073, 3041,
3661, 3496, 1067.1;, 777, 3887, 2184, 1806, 17ft, 911k,
912J<. 11 tjO. 2693, 1553, 2027, 1648. 804, 460. 2464,
1521 Ki, 1720X, 775, 4630, 1726, 1834, 1076, 1050, 434
1'art 2?Held by Judge Lawreuuu.?Not 247130s,
1944, 4S00, 2402, 2150, 1744, 2102, 19?2. 2590, 1604,
2616, 2638, 2080, 2430, 2122, 2572. 2454, 3063, 3022,
60U 2256, 2634, 4676, 4964. Part 3?Hold by Judge
Van Brunt.? Noa 1026>4, 413, 410, 433. 053. 1703,
13(12.Si, 378, 1057>a, 328U, 1663, 4351, 1428. 884. 3730,
811, 4583, 1671, 4373, 056, 2175, 2161.
COMMOK PLKAK?li KMKUAL TkRM. ?AdjOUrUed UUtil
first Monday ol November.
Common Plsab?Equity 1'*r*.? No dar calendar.
Common Pi.las? I'hul Imum?1'art L?Adjourned
autii Monday, October 8. Karl 2?Held by Judge
Larremore.?No*. 143, 220, 1285, 587, 761, 664, 1760,
1320,1321. 1322, 1323. 1324, 1326. 1326, 1327. Part 3?
Held by Judge J. T. Daly.? Noa. 1302, 1306, 1315, 2247,
1295.
| Su'kjuor Court?(iscmkral Tsr*.? Adjourned until
first Monday ol November.
.Scfr.Riou Court?m-ucial 1'kkm?Held by Judge
f'roedman.?Noa. 4, 45, 60, 64.
Supkicmr Court?Trial 1'srm?Part 1?Held by Judge
Spelr?Nua 338, 270, 519, 16, 272, 04, 05, 07, 00, 102,
103, 104, 105, 100, 110, 111, 112, 113, 114, 116, 116, 117.
Part 2?Adjourned until nest Mouduy. t'urt 3?Held
by Judge aaulord. ? Noa 46, 397, 470, 66, 66, 60, 72, 74,
76, 76, 77, 78, 81, 82, 83, 84, 80, 88. 00, 01. 02.
Mar ink Court?Trial Tkrm?I'art I?ileld by Judgo
SlnuotL? Noa 1666, 1613, 1692, 1603, 1766, 1770,
1774, 670, 1770, 1770, 17?0. 1644, 1607, 1814, 1009.
Part 2. ? Held by Judgo Sheridan.?Noa 1625, 2137,
14S8, 1278, 1371, 1164, 1622, 1035, 1733, 1744, 1015,
1791, 1703, 1523, 1570l Part 3?Hold by Judge
Alker.?Nos. ItiOU, 3502, 1561, 1853, 144'>. 1786, 1138,
1707. OOOf, 1862. 186ft, 1866, 1867, l?t>8, 18?0.
Court ur Ghskral Skssioms?Held by Hooorder
HacKctt.?The People vs. Jarut-s ScboQelu ; Sitmu v.?.
Pr.iucis Shields, felonious assault and battery; Same
vs. William Jonnson, grand larceny; Same vs. Fred
erick .Shatter, receiving stolon goods; Satnu vs. George
Rulltnan, assault aud battery ; Saino vs. Tlllurd Stuy
vosant, assault and battery; Saiuo va James .situpsoii,
felonious aaaault and battory.
KINGS COUNTY GRAND JURY.
Tbo Kings County Court of Over and Terminer or
ganized yesterday, Justice Dykinan and Associate
Justices presiding. Tbe lollowlug grand jurors were
empauellod tor tbe term:?Siepbeu Vauderveer (fore
man), D. D. Burnett, Thomas Glover, Smitb Berian,
Pbineas C. Pearsall, Michael Byrue, Jobn G.Jones,
Jacob Hyersou, P. W. Keuyou, Alexauder B. Cbad
wick, Michael Parsons, Kdm<>nd Butler, James N.
knspp, Jobn S. Murray, Samuel N. Stebbins, John
Ernckson and William Byrnes.
Tbe ioramau ol tbe Jury was sworn In conformity to
tbe new Code of Proceduro with uplifted band. Tbe
usual statutory change was made by the Court, and
tbe Jury reiireu to deliberate upon tbe business to be
presented lor tbelr consideration.
BROOKLYN THEATRE FIRE SUITS.
In the Supreme Court, Circuit, J&iojcs county, yes
terduy, tbe case of JoBephlne M. Veltb, adminis
tratrix, against Sheridan Shook, and tbe suit o( Kate
Klousbow, administratrix, u^aiust tbe same defend
ant, were called lor trial tieloro Justice Dykinan. Tbo
actions are brought to roeover damages In tbe sum of
$5,000 oacb lor the loss of plalntiflV relatives by the
Brooklyn Theatre Ore, Decembor 5, 1876.
COUltT OF APPEALS.
NEW BULKS FOE THE ADMISSION OF IOUNO
MEN TO PRACTIS* IN THE COURTS OF REC
ORD IN NEW YORK STATE.
Aluany, N. Y., Oct. 1, 1877.
In Couri ?f Appeals, llonduy, Oct. 1, 1S77.? Present,
Sanlord ?. Chuich, Chief Judge, and Associate Judges
Kapullo, Andrews, and Karl.
No. 1>9. Potior vs. Carpenter.?Argament resumed
and cuuciudod.
Owiug to tbe sickness ana absence of other mem*
hers ol the Court toe Court adjourned till to-morrow, a
quorum not being preseuL
COCHT RULSH
Tbe following rulos were adopted in tbe Court ot
Appeils September *28, 1877, aud Died in the otllce ol
the Secretary ol Stale, as provided by section 67 of
the new code ol civil proceuure:?
Ordered, that the tallowing amended rule* for the ex
animation nuj admission ol persous to practise its attor
neys auil counsellors In the courts ol record in tlaia Mate
be nnd the same uie hereby adopted In pursuance of tue
provisions ol the code ol' civil procedure, all tiie Judge*
Concurring;?
Hrrt?No person shall be admitted to practise as an at
torney or c- uusoilor in uny court ol record in tills M?to,
except as provided in these rules. without it regular ad
mission aud licusn i.y the ftopreme Court, at a
general term thereof, alter a saiislactory examination
conducted i>y the Judges of such court, or by at least
three practising lawyers of at leust seven years' standing
at the Mar, to lie appointed lor one year at the lirst general
term held in each year in the respective departments The
in e in barn of such committee ol examination may bo re
moved at any time oy l.ie Court, and vacancies for any
cause or uou attendance may he supplied ilitriug the year.
.Second -To entitle an apoiicani to un exanunatlou ? an
attorney he must prove to the I'ourt First, that he Is a
cituen of the l ulled States, twenty-one years ot iiro and a
resident ol the department within which tiie application is
made, aud that he has not been examined In any other
department lor admission to practise and been reluse.t ad
mission ?n i license within three mouths liuinoillately pre
ce-iin^, which prool may be made by bis own affidavit;
second, that lie Is a person ol good moral cnaracter, by
tiie certilicate ol the attorneys with whom he passed
his clerkship, but sucli certilicate shall not he conclusive,
and the Court must oe satlslled on ibis pmut ou examina
tion and liii|inry; third, tbat he has served the cierkslilu
or pursued the substituted course of study prescribed by
the rules: llie clerkship may be proved by the certificate ol
the attorneys, with whom the same was served, or, iu case
ol their death or removal Irom lti? Stale, by other satisfac
tory evidence; the time ol study allowed as a substitute lor
any part ot the clerkship, may no proved by the certiorate
o. the leaeheror presideui ol the laculi.v, uujrr whose ill
strncliuns llie |>er>ou has studied. Ill uddillun to the sf
ttuavil ol the applicaut the prool' musl be satisfactory to
the presiding Juige ot the court, who alouo shall make the
older allowing a reduction from the regulur term ol clerk
ship by reason uf suctt studies
7'f\*r*t?No p rsuu shall he udiultted to an examination ns
an attorney unless he sliuii h?ve served a regular clerkship
ol three years in the odicu ol ? practicing attorney oi the
supreme i'ourt. Alter ihe age of eighteen years an allow
ance of oue year shall he made to applicants who are grad
uates ol nuy collate or university. Any portion of tiiue, uot
exceeding one year for giadualcs receiving the foregoing
allowance, and two years tor other applicants, actually
spent iu rcgulur .tteudauce upon the law lectures or tho
law school connected with any college or university ot tbia
State having a department oigauMed with competent pro
lessors ami teachers in wblcli instruction Is regularly given,
shall he allowed iu lieu of an e<|ual period of clerkship in
tho ollicu ol a practising attorney ot ilia Supreme Court.
But Iu no case shall an applicant be entitled to an examina
tion as an attoruey without having served a clerkship in
the olflce ol a ptuctlsihg attorney ol tho Stipiome Court lor
the period of at least one year.
Awii/i-lt shall be the duty of attorneys with whom a
clerkship sh.ill oe commenced to llie a certificate of the
sainu in the olllce of thj Clerk oi the t.ouri ol Appeals.
The clerkship shall ue deemed commenced troui ttie time
ot sucb llliug aud a certified copy ot the certilicate and of
the tiling shall be produced at tho time ol tbe application
lor examiuatiou.
filth?The examination aud admlssiou provided for in
the previouarule shall entitle tiie applicant to a license to
pi actise as attorney only. At the expiration of two years
troin the time oi his admission as attoruey he may apply to
the general teim lor examination as acouuieilor. Upon
sucti application be shall, by Ins own atJnlavit or
otherwise, satisfy the court that duriug the
tw? years since U0 was admitted as attorney
hu has beeu actually engaged iu the practice ol law as a
tlr/k iu the or,Ice of a practising attorney or otherwise or
in attending a law school or law lectures, as provided iu ruie
3 It shall be the duty ot the Cuartto cause an examina
tion ot the applicant to he made by thujudires holding the
oourt or by a committee as provided iu rule I, and II sail.,
lactory to "license him to practice an a counsellor. Any per.
sou admitted as au attoruey uf the r-uprem.) Court may
piactice as au attorney aud counsellor iu county court"
>ulA?Persons who nave been admitted as attorneys Iu
the hlglie-t court ol another State may be admitted to ex
amination h attorneys and counsellors if the.v have served
a regular clerkship ot oue year In tue oihcu ol apractii
Inn attorney in t lie " Supreme Court ol this
Stale and ch.il! Iu other respects be entitled
to such examination. ll the tiuiu ol clerkship
served in another *t.ne, and the time that such applicant
has practlied law alii t Ins admission iu another State, in
cluding ti.e year ot ulerkntlip reunited iu this state, shall
nut In the aggregate e^ual H vn years, then the applicant
shall oniy be licensed as au attoruey. aud alter such time
shall aggregate live years hu may apply lor itdiuistinn to mi
exaniiiiiition as counsellor aud bo licensed at in .ass of
other applicants.
Any person who has beon admitted and lias prnc
tlsud tbiiie ye at s as au attorney and counsellor In the lilgn
est court of law in auuiuor Stale, may be U'lmlitiM .ind
llcvu.ed without examination, but he must possess llie
other quallttcailoli* required by these rules, and must pro
ducu a letter ol recomineudatiun Irom une m the Judges uf
the hit-It st court ot law uf such olber State, or furnish
other sailstuctuiy evident e ot character an?l'i|Dulitlcaiiuot.
KtjUth --.Not more thiiu three iu on t lie' va mtun shall be
allooed in any year in the time ol cleiksliip, which shall tie
coinpuied by the calendar year, and If the p*rlod of clerk
ship shall expire duriug the tertu at winch application is
made the applicant may he admltteil ou any day during tho
let iu The same period u: time shall not be duplicated lor
dl l.)rent purposes, flic Judges ol the .-supreme t!ourt may
adopt regulations for conducting tUu respective examina
tions. and may require a porlt'm ol Cither or both to bu Iu
wrillug.
Ain/i ?These rules shall take eOcct un tlic lirst day of Oe
taber next.
CAI.K.NOAK.
The following s the calcudtr lor Tuesday, October
2:? Nos. 147, 148, 44, 3ft4, loO, lil, liS.
THE CBUBHED TRAGEDIAN.
A LA BOB AUDIENCE BUT KO KBPOBMANCB IN
OOVBT.
Prom lbs publicity given 10 the announcement that
an order baa been granted oo application ol George
Jones, widely known an George the Count Joannes,
directing E. A. Sotbera to abow cause wfcy he abould
not be reatrained from giving further representation
?f "The Crushed Tragedian" at tbe Park Theatre, and i
that tbe ease would come up lor a hearing yos- j
terday, tn Supreme Court, Chambers, it could !
hardiy be expected otherwise than that the court j
room ahoul4 be densely crowded. To those who bud i
never teen the Count there was a atroug desire to guzo :
upon tbe lineaments and make-up of the man. Very
many doubtless supposed thai Mr. Sothern would be
; there, and If be really is personating tbe Count, aa tbo
i Utter alleges, take new leasous trom tbe iirluj; teacher.
< Jlr Soihern, however, did not show hluneii und
| neither did any ottier representatives ol tho Thespian
I art put in uu appearance 1 he Count was mere and
I early took his seat at the table lrontiug the bench.
It being the opening day of ilio terot an inMIM
! number of motions wure wailing disposal and occupied
i the time till u recess was taken.
! "1 wonder It that really is the Count?'? was uo oft
repeated question, as the latter took up 111* hat
uud buudie of papers and withdrew to tne vestibule,
where ho walked up and dowu lor some time as uneasy
as u caged lion.
"Why, ol course that's not the Count," could be
hearti iu response to suoli inquiry; ''It's Soihern,
playing olf tho Count, una he'll uo ll to the life. Tbe
whole tniug is one ol sothern's irrepressible jokes."
"Yoarcuse has drawu a targe crush," observed a
weak puaster to triu Count.
"Yes," he replied, "tboy como to soe the un
crushed against the crushed."
un the reatsembllog ot the court every hit of stand
ing room was ocruplod. A loug uud tedious argument
In the matter ot a motion to vacaiu an order ni urr si !
ensued, and Anally there was Ukea.up the intermin
able Sargent-Miller case.
"I'll hear uo other oase to-day," said Judge Barrott.
"Will my case be the Ural to be called in the morn
lug" a>ked the Count in bis blandest tones.
"1 don't know," replied the Judge sharply.
The Count thou tell the court room.
ALl-iECtED BREACH OF PROMISE.
A retired jeweller named Thomas Barnard, reooutly
In business In New York, and residing at Armonck,
town of North Castle, Westchester county, Is now In
jail a; White Plains on a charge ol seuuctioa uudor
promise ol marriage pending an aolion in which dam
ages are laid at $oU,0(XX Kate Markey, tbe plaintllf in
tho caso, is a resident of New York, whore alio at
oue time did business as a cosiumer. Accord
ing to the complaint the defeudant lu the
year 1808 became acquainted with her, and
assuring her that he bad been marrlod, out had
procured a divorce trom blB wife, misled her under a
promise of marriage. Tbe parlies lived together as
mau uud wile Irom the lime mcuiioo'-d up to about u
year since, when the pluintill alloges she discovered
that Barnard hud a wile living. Although two children
were boru to tbem the piaiutill alleges that the defend
ant always made some excuse for delay when she en
treated him to lallll ins promise to formally make bur
his wile. It seems tbut about ten years ago the de
fendant purchased a home at Armonck, and lor
years alterward vlsiteu his lamily only once a week,
pleading aitouiioa to his business as uu excuse lor ro
muiuing Qve nights out of seveu in the city. About
twelve months ago ho re;;red irom business iu New
York and went to live altogether with his family.
Barnard is about tIfly-Qve years old uod has grown
sons and daughter*, moil of whom are married and
move in respectable circles of society in tbe
upper portiou of Westchester county. Ho was
arrested Iu his own bouse a night or two ago
by Deputy Sheriff Banks, on a warrant issued oy Jus
tice Dououue, of the (supreme Court, the bail being
fixed ai $2,000. On beiug told the cause ol the arrest
by tbe oilluer, in response to her luquiry, tbe wife of
tbe defendant repliod, "It servos him right." Bar
nard, it is staled, acknowledges the paternity ol the
two children alluded to. but denies that he ever
promiaed marriage to tbe plaintiff. The affair has
caused quite a sensation in North Castle.
AN OPTICIAN ROBBED.
Israel Kabn, an optician, of No. 74 Fourth avenue,
and an exhibitor io the American Institute Fair, sus
pecting that he was the victim ot thieves, secured tha
services ot an officer of the Nineteenth precinct, who
arrested Kubu's clerk, Guiftavo May, agod seventeen,
of No. 965 Second avenue; William Fuhr, of No. 080
Second aveuue, and Eiuil Scltulu, of No. 030 Third ave
nue, as concerned in ihesiealtngof $60 worth ol Kahn's
goods, l'hoprisouers were held in $1,600 each iu tho
Filty-teventh Street Court yostarday.
EXPENSIVE L1QUOUS AND CIGAKS.
Joan Lealisy and Oscar Peterson wars arrested on
Sunday night, on lbs corner of Sixtb avauaa and Thir
tieth street, with a quantity ol liquor and cigars, lor
the possession ol which they could not account satis
factorily, and were taken to the Thirtieth street sta
tion house by Offloer Stewart, of the Twenty-ninth
precinct. It was subsequently discovered that Thomas
Curroli's liquor store, No. 468 West Thirty-second
street, hud been en I'red by burglars, aud tho property
lound la the prisoners' possession was claimed by Mr.
Carroll. Leshey end Peterson were committed by
Justice Bixoy In default ol $1,000 ball each.
MARRIAGES AND DEATHS.
ENGAGED.
Fkldmax? Wallsr. ? Mr. Philipp Fni.ckA.vx to Miss
Pauljmc Wallsr, buth ol New York. No cards.
Lkvky?Borcic.? Mr. Miichill Lkvy to Miss Hi.
tuiloa Borcr, both of this city.
MARRIED.
Davis?Adams.?At Brooklyn, Monday, October 1,
1877, by the Hev. Adam McClelland, Kowia A. Davis
to L. M. Adams, ilnukbtsr ol Tueopbilus aud Octaviu
Adams, stepdaughter ol W. J. leanings and grand
daughter or the late Turner Maddux, Esq., ol St. Louts.
Mo curds.
SL l.ouls, Louislaiitia (Mo.) papers please copy.
Gskmki.i ? Pratt.?Uu Weduesday, September 10,
187T, at tbo residence ol the br:de's parents, by tliu
Hev. Cornelius Brett, William A. Gkmuki.l with Clara
C., ouiy daughter ol Kollo F. Pratt, all ol Jersey City.
No cards.
Lkfpinowli.l?Campukll.?Do Monday, Soptember
17, by the Kev. Dr. Enes, at tne residence ol the
bride's sister, William H. I.kkkixowkll to Essik J.
Cami-bkll, all ol Brooklyn
Many?Co.vovkr.?On Wednesday, September 26, at
the reridence ol the orlde s lather, by tbe Rev. Mr.
H. gemuu, John L. Mary, ol Brooklyn, N. V,, to JClisa
ukth V., daughter ol W. E. Couover, ol Freehold,
N J.
Pkksch?Loomis.? On Monday, September 24, at
New Haven, Jobs P. Pkrsou, Jr., to *lora B. Loomis.
No cardi.
Pratt?Sackktt.?On Tburadav, September 27, at
St. Michael's Church, New York, by tne Kev. Thomas
M. Peters, D. D,, and the Kev. tivorgo Jarvis Geer, l>.
D., Mim Ki.izabktu Kimbali, Sackktt, of this city, and
Colonel Edward Pitch Pratt, of Mllwaukte. Wis.
DIED.
ACKkRMAN.?On Saturday morning, September 2l>,
iu the 51st year ol bis a|je, Gkuiuik U. ACKKRMax
Relative* aud frieutls of too latnily ate respectfully
Invited to attend the mueral. lrotn the residence of
ht? brother, John E. Ackermau, No 610 East 121st St.,
ou Tuesday nlterooon, October 2, at half-past two
o'clock.
Bull.?At the residence ol her daughter, Mrs. D C.
Sanloril. New M11lord. Conn , September 27, Mr.'.
Polly Bull, in tiio U4ih year of her age.
Buylk.?September 30, Catiikkiss, youngest daugh
ter ol Johu aud Mary Boyle, aged 2 years, 1 mouth
and 10 days.
Funeral from tno residence of her parents. 4 Bank
St., this day (luesJay), at oue o'clock P. M. Koiatives
aud iriouds respectlully invited to attend. None
kucw tier but to iovo tier, but God thought best to
take her home to be at rest.
Butlxr.?Ou Sunday, September 30, Mary, widow
ol itie late James Butler, in the 67th year ol her age.
Relatives and irteuds are respectfully invited to at
tend ttie funeral, ou Tuesday, October 2, at two o'clock
P. if., from her late reeiuence, 181 4th av., Brooklyn,
E. D.
Casicy.? Alter a short Illness, Patrick Casky, In the
41st year ol bis age.
Relatives and Irteuds are Invited to nitend his fu
neral, Iroiu Uis Isto residence, No. 237 24 st., Wllllaras
buig, on Wednesday, October 3, at two P. M.
Liverpool papers pleaie copy.
Daly.?On riunday, September 30, 1877, Thomas
Daly, a native ol Kings county, parish o; Dtumcullcn,
Ireland.
Relatives and friends are respectfully invited to at- I
tend the laueral, from bis late residence, 180 North '
71ii St., beiweeu 4th aud 6ili sis., Williamsburg, Loug ,
Island, ou Tuesday, October 2, at two o'clock P. M.
Us Masjsnkk.?On .Sepiornbvr 00, Prlis O. Dk
Maksrxsr, a native ol Brussels, in h.s 42d your.
lluiativoo and irieuds are invited io attend his fu
neral, at the Clitirch ol St. Vincent do Paul, 23d st-, be
tween Otli and 7th avs., on Weduosday morning, Octo
bcr 3, at eleven o'clock.
Ciuif.-Us .Sunday morning, September 30, in tho
24in year ol her uge, A.mr FuSMEY, wife of Patrick
Feuney.
Itoiutives arid friends of the Ismlly are respectlully
tnvitiMi toatteud tho luucral, iroui her latu residence,
70 Washington at., Urooklyu, ou Tuesday, Ociooer 2,
at one o clock.
Fkasrr.?On Mouduy, October 1, 18*7, SaRaM 0 ,
widow of David C. Frazee.
Relatives and irioud# ol the latnily are respectfully
Invited to attend the tunersl, iron the T. R.
Dutch Church, corner Perry and West 4itt sis., on
Wcduosdny, October 3 insk, at hall-past eleven o'clock
A. M,
(Satks.?On Monday, October I, at her lato fsei
deuce, No. 41 E;mt 31st St., LkriTU OATKS, widow OI
the late Julin Galos.
Notice ol lunoral hereafter.
Uaxlky.?Suddenly, in Brooklyn, on Sunday, Sop
tetnoer 3d, Jonx, tie boloved ion ol Mury aud the
late Joliu Uauloy, in tho 10th year ol hi*a,;e.
Tin- funeral will take place, uom his lute rosidbure,
315 Water sl, corner liuUon uv., on Wsdneiday,
Octobcr 8, at hali-past two P. M.
Jmrpb?On the 30th of September, of consumption*
at the residence or her brother, E Joseph, ol KutUer
lord, N. J.. Eusk Kmblim, in hir ?iil year.
Krlende ot tbo family are invited to the service and
funeral. lor three o'clock P. M? Tuoaday, 2d October,
without any larihcr notice. Tralu will leave foot of
Chambers street m a quarter io two P. M.
Jkxmngh?Ai Souibport, Conn.. September 20, 18T7.
Mart E. Howkll, wue ol' Churles Jennings, aged ?L
year*.
mo Francisco papers pleaxe copy.
KkNOALL?October 1, auy Auklaids l-onsi, inlaw
daughter ol Edward H. and me lale Mary Louisa Kou
Uilll.
Funeral from the residence of ber grandmother,
Mrs. Joiin Ktynolds, No. 26 West S'lih at. on Wcduea.
day, the 3d lost., at two o'clock I'. M. Relatives and
irlcu.ls are respectfully invited to bo present.
Kocu.?John- F. L. Kocu, ol Uoboken, on Saturday
morning, September 20. 1877.
funeral will tuko place at tbe late restuenco of the
decerned, 08 Garden at., HoboWcn, X. J., at twelve
o'clock M., on Tuesday, October 2, 1877; also at St.
Matthew's German I.uiberan Church, corner Broouie
and hlizabath *18.. New York, at two o'clock P. M.
'l'bo rolativcs and Irienda ol ibo deceased are invited;
aim the members ol tbo Knickerbocker Society and
I'arudise Louts'* No. o4<i, 1. O. of (>. F. ; ulno Germau
Encumpuieut No. ol. 1. O. of O. F.; also Washington
Lodge So. 8. A. O. ol O. I'.
2lai.i it.-On Sunday, September 30, at City Island,
Kumu. sou ol Joseph and Catherine Miller, in tbo
*8ib year or bis age.
The relative* and Iriends are Invited to attend tl>a
funeral, from the residence ol hi* miter, Mrs. Cath
erine Uryaut, at City Island, Tuesday, October 2, at
two o'clock 1*. M.
Muukk.?On Sunday, Soptimber 30, Patrick Moorr,
In the 72a year ol his age
Tbe luuerul will take pluce from bis lato res!donce,
No. 210 Thompson sL, on Wednesday mormus, ui
aevuu o'cIock; thence to l'biluuelphia lor interment.
Philadelphia and Illinois paoors ple.iia copy.
McNamara.?Monday, October 1, 18.7, Cathkkini
McNamaka, relict of llcnry McNamara, aged SO year4
and 7 mouths.
Tbo relatives aud friends of deceased will bo invited
to attend the luuerul, verbally or by letter, from hor
late residence. No. 314 Kivington sU
McNui.tt.?On Sunday, September 30, Auoa Mo
Kilty, aged 25 years, 5 months und 19 days.
Relative* and friends ot the lamily are respectfully
invited to attend the funeral, Iroui tbo residence of her
aunt, 317 Ensi :s2d St., on Wednegday, October3, at two
P. M.
Nkidlinohb ? On Sunday, September 30, IIhmiiktta,
widow of Nicholas Neidlingcr, u^jed 77 years aud tl
months.
Funeral will tako place from hor late residence, No.
34S West 41th si., on Wednesday, at twelvo o'clock
noon. Plciiiu do not scud flowers.
Pbtit.?At Ik-tblebeui, N. H., after four weeks' Ill
ness ol malarial lever. Cok.vkua Maoakhtta Pktit,
wife of .Jobu Jules Petit aud daughter ol the late
Gerard W. Livingston, all ol New Vurk.
Fuusral services at /ion Churob, corner Madison av.
aud 3atb st., oil Friday morning, Oth lust., at hall-past
ton o'clock. Relatives and inends are respectfully in
vited to attend.
Qu*s.? Ou September 30, Helm Welch, aged 48
years, wile of Michael Quiun, nutive of Kings county,
parish ol Drumcutun.
Relutives und friends are invited to attend her
burial, irom hor late residence, 411 East 15th st., on
Tuesday, October 2, at two o'ciocK.
Kockict.?At Dnuglaston, L 1., Soptember 30, Wiix
iam Rohkkt, aged f>8 year.*, 9 months and 18 days.
Funeral from residence ou Wednesday, at three P. M.
Strang.?lu tbis city, on Sunday, September 30, ot
pneumonia, Smuaukl K. Stkanu.
Funeral services will bo held at tbe Metbodlat Kpis
oopal Cnurch, Rye, on Wednesday, tbo 3d Inst, on ar
rival of train Irom Grand Central Depot at 10:10
A. M.
Swift?At Peekskill, September 29, at the resi
dence ol hlH mother, Charles E. Swivr, aged 35 years.
Funeral services at St. l'otcr's Chapel, Tuesday, at
threo P M.
New Orleans papers please copy.
Van Clerk?Suddenly, on Monday, October 1,
Emm, only daughter ot Cornollus and Emily A. Van
Cieef aud cranddauguter ot Carlton See, K*q
Notice ol lunoral in to-morrow's papers.
FOK 8Al.il..
'I""~CORNKR LlVlUOR STuRE FOR SALE WXTd
Aat? W ? f'Muired, or the Store to let. Apply ou the
nrMuise*. #13 l*1 *v> ???
" ?* i'l'ih'RKY STORKFOB HALB, CHEAP;
A..K iiSt?
' Coaur at. ??
i-~LIQUOR BTOttKB FOB BALK, LOW PKICES^
A .also Drug Stores. Country Hotel.. MIICHLLL, 77
T^^^gaYnau.?^30rUo.by?.R?ALE: 0000
I ^llin^^ut^N^?nZFUUq?U?^0V^udL127"euull
' Mrr*!:fuAir UARUhM: FOR SALE
Acheap: doinir a fair business. Apply ?t * ->d ? ??
N^w^ork. 8_ ASU "fAjTlKTY MARKET KOH
A??i*?ump ; "?'???'??* AP"l> ?0,,lllwe*1 uor,"r ?lU "?
Addre.. MBCHaMC,
by letter, Ht>fld oBio?* ___ . ?
i
lbepreini*e?, M Eju^ ?. _____
Herald office. ????irn
? lnK SALE A SEW KIKE PROOF SAFE. IN EyUIT*
Ftirc^tomor r,?dyn...l. Ciotniog. Addr... FRANK
LlN Uptown Herala oilica.
|^tsKK^:; ass's,
We.blngton it^vHr- - - _??7:
???-? ?"u la
fe^^v^iNra.r^tuUitK;^VuVbi'^MUM
F& lSIUS^
No. 17H Eiin ?t. _. ?
TTiKDirlitl and SocSI ruRKMHWOjiTOWB
*n * IfAJiUK H>r,.U?; good
'ioing U. Tali ousliiene. Addics HARDWARE,
Htriud Optovn ottM.
7VnTk?flBLlaHfcD COBNKH LIQUO* STOBB AT
( >UMf prll. ; c?me aud .... ?B8 M uv. and ttltb ?t. .
t 11 it ESTABLISHED CROC 15 RY BUkINBSH FOR
fe.lU Addr?JUM!l0i"& itMUbfr W'o'lvUlin
Brooklyn. E. D. ??r
OMALL. PAPER BOX FACTOR/ KUR SALE?AT A
O.T.MH bargain Apply 6* yrwUHu **?
(/.,m ?t'Olt SALE. STOCKS, TOOLS AM> FIX
lfeiOO.tare?of . line .hop iu good location; owner go
inir to leave Ilia city. 141 ftgggj ~*t'
'.i'lilt FUR I HE BKST TAYlNf. LITTLE DRUO
?1)0 Ustore in thi. city. Inuulre 4tW Cetial at. __
T.O/Hk WILL BUV A RESTAURANT. DOlNH UOOB
$800bii.iue?: well located; good rea...u. lor selling.
L H BUKLL, 'J73 Bleeekrr .1. ,
. rr,Wi FUB~OWE OF THE BEST CHOP
M.OUOllotiiM in the State; bn-ines. good: tr.de Hr>t
mm*. SrtlTll. 17 Cwutr. ?t. _ .
MAtlllN KRi .
WN'ii1SE*5 HOILRRS, PUMI'S. kC, ; ALL.SIZES,
A .now L?d M?...d h-t WILSON i koAKE. Front
and Dover its. -
inol SALE BAXTRR ENUINU; 10Xir?. 0'J MURRAY
JP St. ? ?'
%? vm i) v St or hta*F5uf tub nkw in
VV volition railed ^e,|l.ant J U"UB'' A""
ply to M L' .NO/. A bSFIUhLLA. 02 I
ftrodD WORKING MACHINERY?A LARUKBTUCK,
\V both new and seomd liaml. (or .?lo lo?r. s?.UE.NCK d
Machinery Depot. 30 Liberty ?t.
11Tl .1.1, m-i iiNI) ItANU PORTABLE KNUIMJS, 10
\V ur 1^ iior.o; price not exceeding SSJOO- Addren D. t.,
S UB H BO N I) Y JwS Hthjtr. ^
1 . lMHTKtCTIU*.
?. ^ ' u' v i'Ki'11* Nl'LIJ CLaS- IC.\L AND MA.111..
A ..iliifu-iiber ola.nlcal itold medallM of forolK'" nni
tertatesaa
Uptown offlc.
? VTK. VMIH BKST RhFhKENCRH
^???^^,?tat.\ria,Ksa
l'pi own oillce^
IMPORTANT to ALL LKAftNKfU OF 1'lloNO
I .rL.Vhv -Dictation three hour. CT.ry altcuioon oy an ex
. ud dlctatoi md phuno.'rapber Learner, ol any
um received. Ternn fl? ier n.ontU. Fli.-nojrapuic
llMttUl'i M Kitel 1-ltli ?t. ,.
?fl..s >. D. DOill. >IL'S REOPENS 1IER DAY
3l?ch?nl tor yoiinu ladle, aud cliiidrcn October at 4/
Keet'JI.t at. ?
VOIMI FRENCH LaDV WANTS A bITUATION IN
1 ?oollenol? tflvele.w ns In French la''(tu?Ke. embroldj
trv and newiuit; best relcrence. Riven. Call at 4?or. ua
t, iti'iuire in the cinar .tore. ?
WAhTKU TO pth< ?lA!aK.
, , /U KI'.I. "iu IM-.\ NT.Vt \oUK.~-LAfEST
O.edition of Applxtoii'. t.yclopirtJU. complete, clntli; .tate
price and year o! I sane. Bo* .r>,011 ro.t oMIoa.
iir \Str.D IMMEDIATtLY?A PIKR MIRROR, ?
VV luet bv V; inu-t be cheap lor nikht walnut Iriuno pre
terred. Ad<lr*>. It A Kd V IN. bo? ?*? Herald oHIce.
Want, d A uoou < yli.mh.r jtr.sk, i t lit tlb
i,.oil; slate condition aud lowe.i ca?ii iirico. Adureo
DESK, tieral l odlce
VV
r ANTE it A SECOND ham* Col'PER VACUUM
Pun. Addren. box il,(K!2 Boston I'oit oRlco.
MVlliMlt.MU,.
AWiDoWKit (4i>j VVllo Has R1..h11)*kB abTcoaH. a
Ilia ?III Iftuer, po?tei.ed ol fortune wltlmntlilcbt., woul<l
Iiko to rorrc.poad with a lady prepared to itviicIi dollar,
ami jeuio ; object, matrimony. ItEi :LUSE. Herald ottlce.
A1AUUL.K MAM'Kl.A.
. I PRICKS NEVER APPROAOHED HEKOitK,.
A -.laid and merble Mantel.; lar*e.t a.?ortmeut Iu it*
.i.y, PENRIIVN xLATB COMPAMV,
5U Union tqtinre* 4th hv. ami lVtU Now
iQHuafa turera of nil ktmli ot VN'" ? .
MARBLK AND MARBLhlZED MANTEL*;
Mmiuin.ut. iieiid'tonet, Floor Tiling. I lu,"l'?r " , r
I r hi mtu.e Slab., ut greatly reduced price., inrningiur
I ihe irade A. KB^Bl.R. Id! aud U6 Ea.t l?tb .fc. ?.*r,
I 04 af.

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