The New York herald. [volume], May 07, 1878, Page 5, Image 5

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

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Petitions in Bankruptcy and Appoint
ments of Assignees.
CREDITORS' MEETINGS.
Motions for a Receiver for Keiler, Worm*
ser &. Kingsbury.
Hiram W. Brooke, ol the lata Arm of Nourae 4
Brooks, cotton commission merchants, ot No. 20
Beaver street, has gone into voluntary bankruptcy
boioro Hogister Keichuin. His liabtlUlos amount to
S142.000, of whtcn tharo are secured $32,600 and on
accommodation paper $32,837. The debt, were mainly
contracted as copartner with A. P. Nourse, deceased.
Tboaacurod claims are those ol W. 8. Nichols ft Ca,
$32,000, and James Finlay & Co., $600. Among tlio un
secured creditors are:?O. W. 4 J. E. Smith,$2,422 35,
George E. Woods, ol Manchester, England, $20,004 7";
Thomas W. Earls & Co., Liverpool, $11,5S3 61;
Merchants' Bank, ol Worcestor, Mass., $20,000; W.
T. Minor It Co., $3,330 07. Tho creditors on accomoda
tion paper ere the National Bank of tbo Republic,
$11,848; Hanover National Bank, $3,660 17; Bogerl 4
Ca, $2,349 06; Cochran 4 Barbour, $15,489. Tbo
assets are nominally valued at over $535,000 and consist
mainly ol book accounts end notes; inclodod in the
former Is a claim against A. 1'. Nourse, ol Jorsoy City,
for $220,537. There aro also two plantations io fexaa
and Arkansas veined at $9,000; cash, $1,309.
Jonn P. Elmondor', formerly ol the firm of Elmen
dorl 4 Sohotteld, planing mill, at Thirty-etghih slreot
and First avenue, has gone Into voluntary bank
ruptcy boioro Register Allen, ills liabilities amount
to about $230,000. ol which there are secured $96,90a
Among the scoured creditors are tho Union Dime
Savings Bank, $80,000; George Eliret, $18,600; Henry
Weil 216 000. The principul unsecured creditors aro
Barrel L.' Sehuyler, $71,000; Northwostern Lite In
surauce Company, $12,000; aimou Simonsou, $12,000;
Wright estate, $6,500; Honry Kauuoll, $6,00o. His
assets cousist ol real estoto in this cuy valuod ut
$106,000; lutereet in planing mill $1,087 60; cash lit
hand, $820; live sharos Hurray Hill Uauk slock, $400;
thirteen snares ot tho Hudson Iron Company, $1,800,
ploaged lor a loan.
Register Fitch baa rccolved a voluntary petition in
bankruptcy Iroin Frederick 8. Holier and Christopher
Heiscr, comprising ino late tlrra ol F. ?. lleisur 4 Co.,
brokers at No. 26 Wall siroei. Tho liabilities amount
touboul $28,000, a largo part of which ure for diller
ences on gold loans. They huve no ussols. lue largest
creditors ure William Whitowrlght, $3,025; Rosalie
Hclser, $17,035 77, aud 1). 4 W. btoans, $l,6u0.
The liabilities ol tho American Sieve Company, or
Fecksklll and at Na 60 Uarelay street, amount to up
wards ol $90,000. noarlyedl of which ie duo In tms
city, principally for iron. The property la now la the
bands ol Stephen Lent, to whom the company bes
made on ouiuQtncut, and ke is snaking an inTentory
ol thd assets. Their worke are at Peekskill, and116*
ofllutuls of the company are wealthy men ol 1 eeksktll.
Denial J. Height being the President. Tney bave^good
assets ana will no doubt pay a Isrga porcentuge to tho
"john?. Smith and Asber D. Ensign, composing ths
firm ol Smith 4 Eusign, produce commission mer
?hants, ol Na 304 Ureeuwicb elreot, and agents Tor
tho Patrons ol Husbandry, havobieu aUjuulcatodvo
uniarv bankrupts by ltegistor lvotchum. Tnc llnbil
Itiee amount to about $3,00a They havo only nomi
toai assti
Register Kotebum has adjudicated Raphael Hlutsor,
dealor in gloves, late at 409 Broadway, a
bankrupt on bis owru potltlou. He owes saboul ??,
ol wmou tho largost claims aro by Kobbe 4 Ball,
$1,034; Leon Borinan, $1,160. Ho bus no assets.
James A. byrnea. ol Twenty-lourih near
Sixth avenue, is a voluntary bankrupt betore Register
Kotchuui. HIS liabilities aggregate about $18,00a
Tue largest creditors are Titus B. Eldridgo, $o.W0,
Maria ilulock, $4,860 81. His assets consist ot 1,300
Bbaros ot High Bridge 8i!vcr Mining stock of Novsda.
Register Alien has received a warrant in bankruptcy
igaikiai n?o arm oi W. A. Haniom & Co., \\ UoIcmiiIo
dealers m shoes at No. 637 Broadway, end hoe called
tbo ilrst mooting ol, tbo creditors to be held on May
22. The liabilities amount io $750,000.
In tho Couuty Clerk's office tbsro were filed yostor
dav tbo ossiguiuonis ot Jacob Frieauf to James J.
Ooogsa ahd ol Vincont Dill to John M. McLoughlia.
CREDITORS* MEETINGS.
A meeting or tho creditors ol Alsxsnder McDonald,
formerly United states Senator irora Arkansas, wat
hold yesterday at tho office ol Register Kotchuui.
Schedules were prcsentsu showing liabltllloa amount
ing te about $286,000, and eight olaims were provod
hggrogatiog $28,000, ihe following being the largest:
DowittC. Wheeler, $10 383 81; Jonn M. MoroUead,
$7,278 94; James G. Blunt, $4,970. Bonjamln W.
Boouey was oleoted aasiguee in bankruptcy.
At a meeting cl tne creditors ol Israel A. Barker
held at the olllco ol Register Allen yesterday oigbt
claims wore provod, aggregating $14,000, ol which
ihe Inrgesi wuro by >8aruU A. Peersall. $6,456 66;
i'tiarles Kellogg, $2,206 98; Jauies L. Brumloy,
12 206 93. John H. Plsvt was appointod usaignca
ibo creditors ol WilUsm T. Williams, lorwerly of
So. 089 Broadway, mot yostorday at tho office of
Register Little. The schedules presented snowed
liabilities smountlug to 6,970 82. John B. 1 latt was
tupoiulcd assignee. ....
At u mooting o! tho creditors of Samuel A Magnus,
doeler in glue el No. 307 Pearl street, held at ibo
office ol UegtHter Allen, a composition was accepted at
tbiriy-ccnts on tne dollar, twenty-seven end a half
cents iu cash aud the bulance in lour month*.
A lucettug ol tho creditors of the UcNsb 4 Ilsr.aa
Msnutacturing Compuny, ol Na 66 Jobu street, was
hold yesterday at tne rooms ol tUe Hardware Board
ot Trade, Nos.4 and 6 Warreu street Mr. Edward
U Cole was cbosoo chairman and Mr. J. H. uoluy
secretary. A statement ol tho allairs ol the com
nauy was presenUJ showing liubilitioa amounting to
$16s 000 and usseis $266,000. Au explanation ol tbo
Various Hems was made aud au oiler to compromise
at Ulty cents on the dollar was submitted. Alter con
siderable luterchuugo of vlows tbo matter was ru
ler rod to e coin in itleo ol three, composed ol Mcssis.
A H Dalue, J. 1L Baldwin uud L. Lissourger, who
are to make an examination aud report at a luture
mooting. Tho company have already oomuiuuccd
composition proceedings belore Register uwigbk
K1IL.21I, WUllMHF.lt AND KINOSUUKY
A Urge part ol yesterday wu? occupied la the Su
premo Court, CbomberH, la llio urauinont ol tare*
niotious lor tbo appoint mcut or a receiver ol tba
Kenor, Wormaor & Kingsbury Uitu. Mr. Keller mad*
tbo brat application upon tbo ground?Aral?tb*l
Wormeer and Kingsbury had withdrawn u part ol tbo
Jrm'a lunaa Iroui ouo ol tbo Arm's bauK* and do.
pool ted it In another bank without his untbority or
lonsoni; aeoond, that Kingabnry bad manufactured
totea and need tbom aa buaiucas notes; and ibird,
that the partners could not agree in tbo tuunagctneul
?1 tho bualneae. Messrs. Wormier and Klugsbury. rep
resettled by Messrs. Joseph H. Clio ate, I.u.iier it.
derail, W. Hbopbard, u. A. tieixas nod u. LcVun
irilt, answered by accusing Mr. Koiler ol huvmg with
truwu tbo Unit's l>auk account iroiu tbu I'ucibc liank
inu ol haViug borrowed money iroui employes aud
others, thereby impairing the credit aim standing ol
tlie lirui. They also reed a number ol alUuavita at
tacking tbo character el Mr. Keiler. dir. Keller rend
an answer to mono charges, admitting having drawn
tne uiotioy from tbo PaeiOc 1> tok and alleging tbat ha
did so under the novice ol Ills oouusoi, Mr. New
eombe, in couaeiiueuce of bis partners' hav
ing withdrawn the other accouut ol his linn
end prcvcutipg Mm Irora drawing tbereou, and that
be beld tbe luuuoy drawn, and intended to hold it.
?abject'to an accounting to be bad lie also admitted
bavmg borrowed money privately and nj"?n bis own
trad it, but Introduced written acknowledgments ol
Woroiscr lor inonoys loaned to him by a scn-ln-law ol
Mr. Keiler, and that (be arm's condition was sucu
thai tuey odea burrowed mouey, except Mr. Kings
bury, wno, Mr. Keller alleges, had ue occasion tor
doiug so, having no Ismily and hia wile and hiiusell
living wuh his wile's mother.
lbs rent contest appears to be who shall he receiver,
Wormasr and Kingsbury both asking tor the appoini
taaut to be uaua to ihoui lointly, and Mr. Keller I
Warmly opposing this, urging that H tney iim iield ol
his property ibara will bs nut small hope for hlln.
Mr. Keiisr was leprenootcd by ex-Judgo (lardy and
Mr. K. ?. Neweombe. Judge Donohae took the paper*
and reserved bis decision.
EAST lUVEtt MliUtiE
MOMTULY MBKTINU or 't 1.UsTEKft?TH8 I1BIDUM
AND 11'. Pit) T1IAKS1T.
Tberogular monthly meotlog or tho trustees of tba
Cist Kivcr Bridge wns bold ycslerduy alternoou at tbe
company 'e oihco in Water dtreot, Brooklyn, Mr. Henry
C. Murphy in the chair. The minute* of tbo meeting
Ol the Kxeeuitv* Corn mill#* held April 12 wore read
hi that meeting it wa* reported tbat tbe commute*
appointed to complete tho porchaee ol tbo property
on Cliff atroot, ffraoklort and Jacob street* in tbi*
ftty, belonging to H*ury A. Burr, bad done so at *
?oat ol ill*,MM lb* minutes wars adopted.
President Murphy stated bcloie tbe cnm>
mines tbat proposals bad booo invited lor
10 000 barrels ol cement, with tba rigbl to incroas*
the a mown i to 60,000. U was ordered mat the offlocrs
ha nutuevUed to award tba ouoiruot at eighty-lour
and a hsli oeote, Tba ffuanciai laport lor tbo monta
ol April showed the receipts to have been $402,880 8U
Of tula sum $180,000 was received Item tins city and
$300,800 irom Brooklyn. 1be eipoudilurcs lor tbo
same period amounted io $164,640 40.
Mr. Kibeolla than offered tho lollowlng resolution
Whereas ibers ere e eambet of pm|ect? nn.ier eansldci
Atioul* HriM.nl>-n IcoViug te the obteknlbK of rapid trsunt.
betwaea the oatljiii? district! of that city and Now Yortr;
and wildcat rapid, convenient and at all times certain
communication between the two citio, will i.a Ivs.l* le
only by bringing ?mt scheme ol rapid transit in Br. osljit
tu haruiony with that adopted tor steam transit ?u tho
bast itirer Bridge: therefore.
Unsolved, Trim a c< m.uittso o! tiro from this Hoard be
appointed to eoufei wan any oilier body or corporation
having for its purpose the construction or ruciiiiuu ot a
rapid transit or atoam road to either terminus of the
bridge, to the end that the bridge snail lully realise tire
main object ul its couatructiuu -tbu facilitation ut inter
course between tire two eitiea?and to report the result of
such coulereucet to this Board.
Tbe resolution was adopted, nnd President Murphy
appointed tbe following trustees us inetnoor* of tiro
committee:?Tbotuaa Klosella, Dr. Samuel hull, J.
S. T. Strauultuu, Thomas Hitchcock and Wiitum 0.
Kiugsloy.
A oommu mention In retcronco lo the suspandod
ironwork ol tbe auperstructura front tbo Cbrel Engl
necr was lueu read by Trosldent Murpby. it stated
that 68,000 tons ol iron were needed for tbe work and
tbat tbo contract waa tbo most important one ol any
to be given out.
CITY SUISANCE&
RECORDER HACKETT'b CHARGE TO THE GRAND
JOB*.
Recorder Hackett opened the May Term ol Part 1
ol tire Court of General Sessions yesterday, Mr.
Francis H. Amlilon, of No. 220 Filth uvenuc, having
Occn chosen foreman ol the Grand Jury. After hav
ing alluded to tho usual statutory proviMoua the Re
corder said:?
Gtsmsts or tub Grand Jury- I destro to call
your crpccial attuutlun m tbe cuntrovorsy Uolwecn
citizens and tho health Uourd about loul uud pestilen
tial odors that are cialmod lo pervade the central purl
ol our city and lahiud, and which, while annoying tho
wealthy, do positively destroy tho health ol their
fellow citizens less lortuoato In matters of
prosperity who livo noarest lo tho lactones. 11
you aball bad wtllul noghgeuco of duty lu tho
Health Commissioners you may indict tbein, and tbo
question can l>o tested whether any perrons what
soever ought to be given to a business that Is liable lo
become, und confessedly docs sometimes become, a
public nuisance, science is very usofol always, but
sometimes it hunpens that Us microscope becomes
more technical than Ugal or beneflcluL Tbe Court ol
Appeals iu tbo prosocutlou against an old Polico Board
tor neglect ol duty held it maintainable even whero
tbo doleuoe of the official was uu bonost misconstruc
tion ol iuw under legal advice. (New York Koports,
Vol. 02, p. 2U3.) Tbo tuw, nevertheless, must not bo
technically violated to public prejudice, it was my
Intention u year ago to have ouilou tbo attontiouo! a
Grand Jury to inc.so then alleged nulsuncoa of vile
odors because ni.v own himtly and myself bad bean vic
tims to and sufleicrs lrotn tbe same, as also 1
believe that ol my immediate neighbor, tbe orosoui
oloquont Corporation Counsel; but tuoilvoa of delicacy
rostral neo me, lost my notion should be misconsiruod.
Dal uow, by tne actiou ol tue committee ol citizens,
by tbo public views of two b'ouorabic Juugos of tbe
Court ol Uycr aud Terminer, by the touo of tho uuitoJ
press, uud by tno strange proiossional rigor ol tne
hoard ol Health, 1 am relieved Irom any miscoustruc*
lion of my present uctiou. 1 tnoreloro most earnestly
request your Immediate and critical cxauiinatiou of
tbe whole matter, although I, ol courae, cannot be a
Judge to try aucb au indictment, because, perhaps in
icrcstod In abating the nuisance.
tUDIWALK OBSTRUCTIONS.
Gontloman, there is still auolhvr great and increas
ing public nuisance sanctioned by city olUcluls. Tho
Hoard of Aidormon at every session authorize tno
ereatlou ol booths, stands, racks and other various
encumbrances tn the public atroeta ol ibia city. This a
section (section 17 No. 4) ol tboprescul courier forbids
and expresaly prohibits, which 1 now read to you:?
It shall bo tbo duty ol tbo Common Council "lo pre
vent cncioucbments upon, and obstructions to, tbe
streets, highways, roads and pnblio places, not in
cluding parks, and to authorize und require tbu Com
mlssiouer of i'ubllc Works to remove tne sumc, but
they aball have no power to auibortzo tbo placing or
continuing of any euoroaebment or obstruction
upon any street or sidewalk except tbe touiporury oc
cupation tbcrcot dqrtug tbo erection or tepatrof a
building on a lot opposite tbe sumo." Prior to ibis
cuarter provision the Board ol Aldermen could legally
havo given licenses to sidewalk obstructions. Last
weok a communication ol tne Commissioner of Public
Works and a Mayor's veto brought the subject to my
notice. I ournestly tuvite your co-operation witn
tbem even although you should have to utiply to tbe
Aldormeu, tbo Court ol Appeals law tbat 1 bavo re
ferred to.
Tbo Grand Jurors tben rolirod lo their deliberations.
PETITIONING TBE BOARD OF HEALTH.
The following lettor and petition bavo been eent to
tbe President of tbe Board ol Hesllb, tbe signers ol
tbo potitlon bolng 13<i business men and bousonolders
living along tbo avenues in tbo vicinity ol Tbirty
ntoth street and tbe North Klver.
New York. May 4.1878
Sta-Persons inform this association that it "avails not"
to c impluiu to tho Board of Health of tbo nauseating odors
that come troiu the Algonquin aud other nuisaaees. Yet,
on their behalf, 1 submit to yon tbo enclosed petition.
Your obedient servant.
TlioM AS B. Ml.bUUAVK, Chairman.
Tbe petitioners say:?
We have suffered greatly from tbe bad smell- arising
frem tbo bone, tat and effal rendering establishments ou
and near Nurtb Itiver and hlevuutu uvetmu, from Thirty
sixth to Fortieth sire it. The stench olten (ills tlie air au
as lo be almost unendurable, und wo respectfully request
tbe Hoard of Health to pat n stoo to it.
W. M. TWEED TO THE CITY.
The following letter was yesterday eent to Comp
troller Koily by one of WUiiem M. Twoed'e counsel:?
Nrw York, May (I, 1H7M.
Mr Dear Air?I tako tbo liberty of delivering the enalosed
documents to you as Comptroller of the city and county ot
New York. l?r tbe bnncHt ot tho city nod county, in accord
ance wltb tbe wistio- of my late client, Mr. milium M.
Twued. lie wished tho delivery made In fulfilment oh his
offer of surrender last year, and to yon became ho said
you wero tho only official who had publicly asked that
guild faith be kept with him. The documents accompany
ing this nra : - First, the dved In blank ot the Putnam water
properly, of ino-tiinahle value to your cftv, ami second, tlie
assignment lu blank ol tbe half of (ho .sheriff U'Briun claim
of Sskn'W"! agmii.1 the city und tho original assignment
from Sheriff O'Brien. Very sincerely your obedient servant,
lion. John Kki.LV. WILLIAM KnhLSTKN.
Tbe Putnam water property is convoyed by 8.
Foster Dcwoy, to whom it was originally banded over
by Tweed. Hits property consist* ot about one hun
drod and tblrty acres of land la the town of Carmol,
near Crozblo's Pond, Putnam county, logcthor with
tullls and other buildings.
Tbo O'Brien claim was placed lb evidence during
tbo Tweed investigation before tb* Aldermen, a copy
being published at tbe tima.
MUNICIPAL NOTES.
Mayor F.ljr bad not tnadu up bis mind yostcrdny at
to sending In tbo nuroo of a Police Commissioner m
placo ol Mr. Wtieolcr, wlioao term of ofllca expired
ou May 1. A regular mealing of the Board ot Alder
men will bo bald to-day.
Ex-Secretary ot Slate Bigclow called attbe Mayor *
ofllce jcatorday ana complained that hla name bad
been unod In tbo circular* ol several bogua uiiulng
corporation*. Ho wanted information ua to what
course sboald be poraaed under tbo circumstances.
Mr. Itigclow wan directed to lay bla grievances bcloia
tbo District Attorney.
Alderman Morria yonterday rceeivod a communica
tion troai Messrs. l'eabudy and Baker oo bebalt of a
number orluwytrs wbo dvairo to preiciit to tbo city a
medallion ot David Grabum, formerly District Alior
ticy of tbis county. A request Is mads lti.it tlie mo.
dial lion be placed In one ol tho court rooms. Ilia
communication will b? ruinrrad to tka Aloormaaio
Committee ou County AJluirs.
City Ciiambcrlain Tnppau'a statement (cr the past
week I* aa lollowsBaUnoo April 30, 4611,813 70;
receipts, |ii,347,?42 01; paymeats, $7, ibti,f>d5 A3;
balance tiny 4, #d,0ofl,4dQ r<9.
PARDONED J5Y THE GOVERNOR.
Charles F. Blandin, who was seme time ago con
vlc'sd m tbr. Court ol General 8rmv>oaof soiling r.n
obscene picture and tcntenced to three months' Im
pr'sonmoct, b?i been pardoned by (5 ore rum JloUIn
son. The accused was n young luwyor Irom Boston,
and while canvassing lor stationery and printing
Called ??-iha nlUoo ol Aulhoa) Cotnstock, in Nohshu
sircei. Here Joseph 111ittou, one ol ibe agents ol the
society, negotiated lor tbo purchase ol soiuo pictures, ?
and iliatidiu returned w ith one wineh be said bo lind
received Irom a Iriaud iu Boston. Brltton puid him
thirty cent* lor it, and Mr. Cotntiock iliercupou
Caused bl* arrest. At the trial tho accused was
gratuitously drfrndod by Mr. Hoiijamln F. Itussell,
who Insisted Ihut ins client hsd been entrapped by
the agent* ol the Socioiy lor the l'reventlou ot Crime.
Under tne law. however, iho jury roiurned a verdict
ot guilty, with a strong recommendation to inerey,
and Judge Sutherland imposed the lowest possible
seutonco. A grout deal ol gympuiny was txprotiud
tor lliandtn, and tne Judge, the loromnn ol the ilrand
Jury and the Jury wbo convicted In in algueii a peti
tion lor IiIh uuruon. This petitlou was taken in Al
bany by Mr. Husssll, and, departing Irum the usual
custom ol not granting purnotis during tbo session ol
the Legislature, t-'ovsmor Kobinnon, having fully ID
vesligaled the ca?o, granted a lull pardon,
DIRECTOR HALSTEdITTRIAL.
The trial of ex-Diroctor-at-Largo Halsted, ol the
Hudson County Honrd of Chosen Freeholders, In
dieted lor inailcasaneo lu olQco In signing bonds Ille
gally lor the purchase of a now Court House site, was
resumed In the Court ol Oyer and Terminer at Jersey
City yesterduy, before Judge Kuapp. The Court
dcultd the motion to quash tlie indictment,
and the outiro day was consumed by
Mr. Pilusy and cx-Govvruor Hidlo, counsel lor the
deleuce, who arguud that evon though Mr. Halsted
did sign the resolution lor the payment ol |>J'J6,000
when there wan no appropriation he was not anicuab.o
to tho law. Mr. Pitney, in hU argument, insisted
thai no guilt could be proved, but Juuge Kuapp re
minded hiiu that tbs Freeholders wbo votsd lor the
purchase end were Indtetod pieadod guilty. The pies
that Mr. Halsted wu* not a member of the Hoard
ol Freeholders, hot held a distinctive office,
with peculliir duties and reaponslbllillOH, was not
tenable, lor It required me consent to ooiisniniiiut*
any net ol tbe Hoard. Il was a narrow cohiiruction
ol the law to assume that he was not a uiemowr ol the
Hoard. Counsel lor lbs deleuce took cxcoptlon, and
Iho cuas proceeded. Ex-Uovornor Uodle luiil hot eon
eluded hie argument wbon the Court najnurned, and
bo will resume his address this murulug, alter wbiub
Attorney General Hlockloo will rupiy.
THE LAW OF LIBEL.
JUDOliKNT BEVEUSED 1)Y THE SUTBKME COt'KT
IN THE SUIT Of lTKKUli ROBbBTSON AOAINST
THB HERALD. %
TOo UcDeral Term of the Supreiuo Court yesterday
rendered an Important decision touching the law of
libel In the suit tome time ago brought by I'btBbo
Robertaon against the Herald. The nctiou was
brought to rocovor $10,0u0 dutuagea lor an alleged
libelloua publication in tbo Herald ol the 10th of
November, 1870. Tbc muter complained of grow out
ol au advertisement publiabcd which, It waa charged,
reflected upon tne character ol tbe plaintiff and dam
aged bor beaiuoaa as a boarding house keeper. Tbe
answer to tbe complaint denied any inteutional or
malicious injury, and also alleged mat lbs plaintiff
was not iho real party in Interest. It
wua furtbor assarted that iho publicaliou wus
true In substanco and that iho asino primarily grew
out ol a quarrel betweeu tbe plaintiff and her dnugb
ter and certain other parties, some of whom caused
the publication to be mudo. It wus lurther stated
that, although a rotraction waa cohsentcd to by tbo
delcndaut, yet the pluiuliff, who expressed her will
ingness to withdraw iho suit if such wus made, was
not permitted to do so. On the trial below, tho Jury,
notwithstanding tbo voluminous proofs ou the part ol
the defendant, gavo a verdict lor ibe plaintjll lor
$10,(KXI damages. Krom this au uppoul wus taken
yesterday In Uenoral Term. Chief J uslico Curtis, writ
ing tho opinion, reverses ibis verdict and orders a
new trial. Tbe Chlut Justice, In the course ol un
elaborate opimoo, discusses the evideuoo at great
lcugth and than goes on to suy:?
TUB CU1KI' susrica's REMARKS.
A grave question arises as to wnotner there was not
tostimouy recoivcd at the trial which should bavo
been excluded. A w itness, Meredith L. Junes, Esq.,
counsellor at law, tostilled to tho effect that shortly
alter tbo 1st of January, 1877, ho was recommended to
the plaintlfl'8 bourdiug hou-o ami made un oxaininu
tlon ol tba rooms aud prices, und expected if ho had
gone Iheru to pay $-8 per week lor second lloor hucK
Ol No. 61, end wheu naked why ho did not go to tho
house he answered: "Well, uiy wile called my allou
liou to a publicaliou, buiuuliiiug about u blackmullihg
crowd ut Nor 61 sua 68 West Twrenly-Ullb street." Ho
also teslihed that H led bmi to hesitate about going
there, and thai be did hot go there. Upou his cross
oxumiualtou be lestlUed that be did not remember
what uewspupar It was, that he thought it wus in the
legal columns, the reports of tho courts. Tho
publication voinpluiued ot was in the "Personal" col
umn ol the 11 skald ol November, l'J, 187(1 The du
lenduul moved to strike out the testimony ol this
witness, on the ground that it did not uppcur to relate
to ibe libel complulued of. This motion wus ueuied,
the Court sidling "It has uo effect iu binding you,
but simply giving what ho oeard," uud the doicuduni
excepted, fbere was uo evidence connecting the <le
teuduni with this publicaliou made alter January 1,
1877, whicb, iu luct, was tbe report ol u legal pro
ceeding hutwoua theso parlies aud published ill un
other newspaper, 'l'uo testimony oi the witness when
it appeared that uc did not remember iu what newspa
per he saw iho words tuut led him to hesitate about
going to boaid at the piutnull's house, or not tu go
tnera should havo been fctrickea out pursuant to tho
delcuduut's motion. The aelouaant eun only bo called
ou to respoud lor his own publication and tbe dum
ages caused by it. II another newspaper published tho
report ot a legal proceeding iu tbis cause that preju
diced the plaintiff this deiendsut is not liable lor tbut.
ll sucb puulic.iiiun was nelawlul tbe plaintiff is enti
tled to redress from that publication; 11 lawful she is
wilbout remedy.
SUOl'LU HAVE BEER STRICKKR OLT.
As soon as it was apparent that tbo lujurios which
the witness tesliUcd tbe plaintiff horseli sustulned in
her busiueas irom his aiteutiou bemg colled to a pub
lication respncliug his boarding house waa not occa
sioned by tuo publication complulued ol In this suit,
but by another, tho motion to striko out this tcsiuuuuy
should have bneu grained, li u appeared that tbe tes
timony did hot prcjadico the deleudaul nod that
the Jury wero unslulormed by Us remaining
before them subject, to what waa stated by tbe Court
at tbe time of tbe denial ot tbe motion to strike itout,
tbc deloudaul's objection to It would bo nuswered.
Uut Ills difficult to lake this view ol it. Ibe testi
mony ol tbis witness reinaiued boiore them There
Is nothing to ludicaie that they wero to exclude it
wholly lrom their considernllou. Is it probable they
drow tbo distinction in determining tbo plaintiff's
damages between such us were caused by tbe publica
tion In tbe delcuduut's paper uud sucb us were caused
by publications in otber Journals, and wuicti,
as reports ol iogal proceedings, were law
lulf Can it bo determined ihut tbo legal
rignta oi tho dclonaaiu wero not prejudiced and :ha
Jury influenced to some extent adversely to him by
this evidence? These questions caauoi easily be
satisfactorily answered iu tbo negative, it Is better
to ueclare by tbe rules ol evidence by which all par
tics are protected than to Busiatn a ocparioro Horn
tnom on grounds that aru not clearly triable. Iho
Judgmeut and order appealed from should uo revorscd
and a new trial giuulw^ with costa to abide tbe oveut.
Juugo Runiord concurs iu the uptuiuu ol tho Court.
Mr. Willlstii W. Badger uppcared lor tbe plslutiff, and
Mr. John Towushend represented tuo TIkkalu.
T1IE FLOWER AND FRUIT MISSION.
AM EXAMPLE OF THE WOBK DOME BY ONE 07
MEW YOP.K'h NOBLKUT CUAldriliU
'J bo ttrat distribution this season at tbo Flower and
Fruit Mission occurred yesterday. TliU buuulllul
charity bus boon In operation unco l-*70, nod boa
givon tbo greatest pleasure to many tboosands ol
people. There are many cuaritioa which eater to the
necessities ot mau, but lew that, into this, appeal to
bis love ol tbo beautilul The members loll many
touching anecdotes of the delight and gratilodo of tho
recipients of a bunch ol tlowers. Mot only Mowers
but trulls and vegetables, aro distributed by this
society. Tbo latter ure given to tbo poor In tenement
bouses, who seldom taste a fresh vegetable, 'lbo mis
sion wus open yesterday Irom teu till ono o'clock,
end, though thoro were u great mnuy busy ladies
present, a great many more wcto needed. The prln.
cipal Mowers were lilacs, lilies of tbo valley, uud
blossoms ol applo aud pear an J peach. Notwilbsland'
lug that tbero ivoro barely enough fair bunds to ur.
raugo tbo flowers, 4,000 bouquets were tnado up and
distributed among the luiljsing plsoos:?
llosi'iTai..n?Uuiicvue, Cbuiubcrs blrcol, Charily,
Cripp.os', Colored. Cnilurou'd (Itau.luil's); Conva
lescent (Hurl's); Liuigiuni* llai.uomaun, liouiuij
putblt), Incurubiss, German. Keluiilo Insane, Jialo
iusaue. Nursery aud Cnild's, New York, Oplilliuimi.;,
urtbopuiJio, Kouscvuit, Smallpox, St. Llxabelha,
St. Mnry'?, St. Luke's, St. Francis', St. Vincent's,
Presbyterian, Woman's, Mount niuul.
Humes?Baptist, Cbiipin, Jewish, Methodist, HL
Luks's, HI. Joseph's, at Uuruabaa', holy Comtnuniou,
iriuily, Isaac Hopper, I'reshyloriau, Ciirutian, Sa
maritan, l'eabo-Jy, l.iltlo Sisters ol the 1'oor, For Aged
Women, For Frk-udluss Oirls, for the Friendless, Fur
Aged Couples, For Did Ladles.
Missions?Bethany Institute, Calvary Cliapel,
Covin.ml. i. rot by airrot, Coerry Htreel, Five Point.,
Orace, Uermau, ilousn of Industry, Kuox Memorial,
Midnight, Oliver, Hisuiotihircel, at. Augustine, Union,
Water aiteftU
M i sot u. a Mint's? Almshouse, Blind Asvluui, Ileal
Mules, Destitute Hllad, Foundling Asylum, Christum
Association, K>e and Bur Intlnuary, Girls' Ling ua
House, Hail Orphsa Asylum, dispensaries, Ludlow
street Jail, Magdalen Asylum, Newahuye Lougilig
House, Mug Hiug Prison, I'mmy lubriuury, Training
bt'hool lor Nurse-, Tombs, Woman's luurmary, or
piinu asylum.'*, Wurkhuuaa; also to several ludu.tr ui
schools. Cloven thousand distribution* ol Iruit mid
(lowers ware lundo lo the sick iu tenvmeui bouses
during the past year.
Tnonctuiil txpeii*'-s of carrying on the mtsKlon lor the
prist eight yusrshaVC only been a little over gl'Jfi. Do
nations ot Iruit or money should he addressed lo Mi.-e
Kossell, hocreltiry T lower and Fruit Mission, No. 1)1:9
Fourth avotiue. Assistance tn making up and ma
trihutlug the tlowers la very much needed, null chari
tably tucllnod ladies could lil?ol no better way to spend
n lew hours a week tbsn tu Una work. The ladies el
ibu mission, in their report ^just published, say
So in my Inquiries Imvu been mado hi to the best mrtin d
ot packing ami foi warding belli ll.rwors and trull that we
ru|>eat livre ilia Uilovlbdis .Iresdjr ylvsii In out ul tnwu
blendsCoiar tliu tailluin ol jr.au box or beskul Willi a
newspaper or a lew lernt or leaves. lie tn? tluwsra
toother In Insrln, ropli kind by tlsell, sad pa?k Ihe u
In lay. IS s.'pat ale i l.y p ipoi t; the upper layer should l?s
spmialed ami covered ubreeiy with nuwspnper to exein la
ttie sir as uiuili as p<?*lhiu. A simple weudea box. last
eH.'il With a strep. Is easily procured. It Is almost air
tight and lorins ono ol the but luvaiis of euueeyanee. A
p?-ieh?ar.l box will ans.ver the pnrpn.e almost as Will
aim saves ii* tlo- tr mole ul muriiiug It trail shoalil l.e
pneked, II |?ssliila. In a basket ur tin box; never inlX.-l
?itn tho bower*.
All Inixes and h.k?t* which aro to be returned to the
* '.i.i. rs should lis* ? ela rl* p doled un tils lit, In aiidition te
the direction*. the woidi "Ketnrn to Mr* ," with the
lull adilresF. AMna. aagessn.mi l he siren to Hie express
ngujl on l.oard the train, who lis* o. dcr* to rorwarJ tliein
lo New Vera tree ol charge. All kind* ol Hnnrrt ere so
epptaole. l ut ilbies, nonu lilies, reivs. honeysucklp* and
pe. allium leave* ?a?in to be tliu preale-t tavoilies. It is
ouggeeted to tb??e ?lio oceasiouuby semi flowers made up
Into bouquet* ready lor distribution that ins boo.pots
tli urn he small, ilia ileitis should not be cut ulf toe sliori,
and that If possible a isn't lloa.r should he put into sarli
. lie. The eiy alway* Is, "Uive ue luinetning with a smell,
plo .se I"
1 be uext distribution day will be Thursday, tue bib.
'lllfi "BROKEN BANKER."
A few weeks ago the extreme destitution of the
family of a gentioiuan who was up to quite a recent
dute In tbo cujoyinonl ot ao ample lertuno was csllod
to the public attention through the Hxrald His
caee Is one that daserves tho consideration ol the well
to do who aro charitably Inclined, Investigation bar
ing shown thul the story ol his past wealth aim ot liie
prexont d'strnsa is but too true. At one unto lie Was
a rogulur auil llm ral contributor to the luuda ol HI.
John's Guild, which itsoll le uow unaob* to return his
psxi liberality by genorous assistance. Ono small
contribution was received st tho Hshalu ofllco for the
distressed faintly some weeks ago and yosterday $2
was received lb a nolo signed "K. \V." C'oiilribut.ous
lor Iho reinf ol tho family reenivo.l at this ofllce will
be prompity forwarded to the "Urokun Hunker."
DEATH OF LEAMINGTON.
The Sire of Emjuirer, Lynchburg, Litthlou,
Longfellow, Reform and Parole.
AT CHESTNUT HILL, PHILADELPHIA.
The grand thoroughbred racehorse and sire, Leam
ington, died at the home of his owner, Mr. A. Welch,
Chestnut Utll, Philadelphia, yesterday morning. Un
til a fow moment* beioro his deuth the horse appear* J
to be in the most robust health. Ills destu. It is
thought, must huvo boou occasioned clthor by apo
plexy or rupturo ol the heart. Leuminglon was foaled
tn lS&asnd st the time ol his death was twenty-live
years old. .
Leamiugiun was bred by Mr. llallord, ol England,
and imported to America la ISO! by R. W. Cameron,
ol Cliitou Stud Karat, tSlaleu Island, N. Y. llo was
sired by Pnugb a-BuItagb; first dam by l'mitsloou ;
second Jam Daphne, by Laurel; third dutn Maid of
Honor, by Champion; lourtli dam Etiquette,
by Urviilu; tilth dutu Bond icon, by Alexander;
sixth dam Urunotte, by Ancestor Burling;
ninth dntn by Grassboppor; tenth darn oy
Sir M. Newton's Arabian; oleventti dam by Pert;
twolitu dam by St. Marllua; th-.rloeulb dam by Sir E.
Halo's Arabian; lourlocnth dam tbo Did Plcld mare.
Paugn-n itallugli, tho sire ol I.oaimngton, broJ by Mr.
G. Knox, in 1841, was a lull brotbsr to tbo celebrated
Irish llirdcaichcr, by Sir llerculos, out ot Gucctoll,
by Bob Booty; Plight, by Irish Kscipe; Young Hero
ine, bv Bsgot; Heroine (Tom l'url's Usui), by liero;
Suup, stsi.-r to Hogulus. The Psutaloon mare, llio
dam ol Leamington, had no turl career; but as a
brood raaro she produced scvoo others bosldos Leam
ington.
Lcamluglon was a dark brown horse, lull sixteen
bunds and an men In tiotghl. Ho had abeautilul
head and ueck, lino eyts and good shoulders, lino
back, grout leugth, and was as perfect iroin tbo point
of tbe bin to the whlrlbouo, und from tbcnce back
to the bock, as sny borso In tbo country. With
a very round barrol, it gave him tbo
appoarsuce of having a light middle ploce.
His uind log was a pattern, aud be was best there,
where many ol tho Engli-'h borsos are dcUclont. Ho
had most excellent none, und this bo transmuted to
m isl of his offspring. Ills right bind fool, Irom tbo
boot to the pastern, was white, and a large whtto star
set oO his cxprosalvo and blood-llko head. Soon after
his arrival In this couutry Mr. Cameron sont him over
to the Passaic race courso nt l'atersou, and although
bo showed tbo sovcrity ol the sea voyage which he
bad undcrgono ho was universally proclaimed the best
specimen ot a high class race horse that ever appeared
lu this section of tbo country. There were a groat
rnauy horsemen Irom the South aud Wostnl the tinio,
and comparisons were made between him and Gien
coo. Leviuinan, Sovereign, Yorkshire, Albion, Mar
grave aud outer importations; but the best judges
wbe bod seen tbe others all gave tbe palm to Leam
ington.
Leamington began bis racing career as a two-year
old at Warwick, MarcU 10. 185o, and this was a wiu.
Pour other races were run by him, scoriug tbreo
misses aud a wto. Ho ran ten times as a three-year
old, live times as a lour-yeur old, ouco us a Qvc-year
old und three times as a six-year-old. Ho started
tweuty-four limes, won eight, lost sixteen and paid
lut'lclt <ni' o. His total wiuuiuga ou tbo turl wuro
?0,800. Leamiuglou went to (no stud In 1*00, nnd
made tbo teasous ol 180O, '01, 'OH, '00, '01 and 'Oil at
Kswclin Paddocks. Tbo Oral ol ills get npp'-urcd in'
1MJ3, three of llieiu running four races, la 1004 he had
tmrtoon winners, who wou thlrty-ibroo races; 1*05,
eleven winners, who wou lllteeu races; 1807, til teen
winuers, who won twenty.eight ruces; 1808, tou win.
ncrs, who won nlnoluon races, und lu 1800 live win
ners who wou nine races, 'the following euinpriso
?onto ol Ills principal winners lu EuglaudCoup
d'Etat, Catalogue, Procelln, Tarlatan, Bella, Olun
Quoen, Hark Purwurd, Lady ot Coverdnio. Lady Bolton,
Lady Warwick, Ltnce-ier Lemonude, Queen of Crystal,
Warwick, lloleoo, Puzroy, Portanatus, Lady uou
stance, Bird of Eve, chelteniium, Coru, Pureign
Siutnp, Lady Eaton, Rebecca, Kuporru, Variation,
Catiline, Esmeralda, Hetlub, aciplo, Thankful, Avon,
Hullo ol Warwick, Citron, Haymaker, Miss Thco and
Percussion.
Mr. R. W. Cameron purchased Leamington after
the season ot 1800, irom the KawclHlo Company, tor
?1,876, and had htm brought ovor tne earn* semen In
the steamship Ccllu, Irom London, Ho made his tlrst
seaaoii in Kentucky, ai too Itarqce lionttu Stud Parm
of General A. Uulord, at I'dOO. Alter thai Beaton In
Kontucky bo was brought North und stood the seasons
ol 1807, 1808 and lMIU at Clllton Stud Purm, on Blateu
1-luiid. lu the lull ol 18bU Mr. Cumorou solil Learning,
ton to Mr. A. Welch. He uiade the season ol 1870 at
Patcraou. Prom that time to tho present Lentuiugton
has hud his home at Chestnut fliII. near Philadelphia,
where, with u limited nniuberor good mares, bo has
made bm name lumous in the laud.
The death or this horse, although n serious loan to
Mr, Welch, will not mil so heavily, as he has three
gallant sous to take tho place ol the old lieio on the
faiin. Theso are Koionn, James A. und Lyttleion.
They aro u great luinlly of wionora. During seven
years there has beeu scarcely a stako run in ibis seo
lion ol country that bus uot had a Leamington iu It,
nnd thoy huvo always boon dangerous at tho finish.
'JliOlTING AT TAIiKVILLE, L. I.
Tbo opening day alHrookiyn Driving Park, Park
viilo, L. yesterday, was a brilliant success undor
tho management ol the well known trainer and driver,
11 train W. Howe. Tticro was a good attendance to
witness llio iroi ting, whloh was lor a parse of $60,
Hollo of Abcrdoen, Clara Uorris and General being
tbo starters. Tbo weaibor during tbo afternoon was
(lno and tho trotting, as a whole, was very respect
able, nearly every beat being closely contested; so
closo, Indeed, was tbo race tbst it took no le?a than
live louts to decide It In favor ol (.rnernl, be inking
thu first, third and ftltti beats and tbo r.ica Clara
Morris won iha other two heats.
Tbo lollowiug is tbo
ICtUST.
I!rooki.vm Dk.vi.vu 1'akk, pARkVlI.l.t:, L. Trot
TIM)?MoMIAV, May 0, lv.i7?l'ur.r $60; id 11 -? ho it.;
ino livst three in five; in harness; (40 to first atid fiO
to tbo second.
Starters.
0. Mace's blk. s General 12 12 1
W. M Mahou'a br. us. Clara Morris.... 2 12 12
1*. rawlln.sbr. m Boiloel Aberdesa.. 3 3 3 dr.
TIMS.
Qaarttr. fftK Mile.
First bent 46 1:2$ 2:44
Second lio.il... 41)4 l:?l 3:46*$
Third best 42)4 1:21 2:44)4
Fourth heat 41'4 1:22 2:46
Filth beat 41 )s 1 .'21)4 3:10)4
TitOTTlNa IN NEW JEIiSEi'.
A lew ol Iba old time lovrrr of Iroltlog assembled
at lb" opening of tlio West Side Driving Park, New
Jersey, yesterday afternoon, in tvitoesii tne two events
announced to come off. Those woro a purse ol f 100 lor
lb roe minute class and a sweepstakes ol (76 for running
liorsc*. T. Kugan ft Co. sre now tho managers of the
pi.rk, as thoy have tnkon a lease of tbo grounds for
live yeais. The park but been much improved under
the n< w management, and all is now In roiidmess lur
the spring hi cling, winch takes place on Thursday,
i the tub tusk, und cnoiintiea three days.
1 uree cobt< stunts cumo lor tne word is lbs trotting,
aud these were: ?Hay gelding du i, brown Reining
! ttmtnss and brown mure l.auy Curry. I'hn race fell
! to 'I nomas, Who ouitroltod tlie others, but only alter
a dCuperam struggle, us Ou t was at bis wbeei every
neut und i.ndy Curry s guod tmrd.
In tbc running race, ball mile beats, best three in
Ave, sorrel gelding Ansa, bay gelding Dan O'i onneil
and gray gelding Pat Jli.iney started. ! tie brat und
second hells were captured hv Alias, Iu wbloh Dun
U'Counell pressed huu bard. In the third beat only
two started, as Dso O'GsSSOfl Was Withdraw St The
hi it ubd rsoe woro lakoii by aiiin by six lengths from
I'et llovney. Ibe lellowlng are thn
hum ami us
WRMt Diuk Diiivimi Park N. J ?i'rottiso amu
III s*i?u?Momiav, M iV ?>, 1B7H ?Tunc ? loo, uivllo.i;
(60 to the iirsi horse, $30 to tho stcoud, und (2d to
tne third; lor 3:W clues; mile hems; iho best Hires
in live; in haruess.
Starlert.
R Colo's b. g. Thomas Ill
P. Manna's Ik g. Oua 2 2 2
A. Curry's b. tu. L.idy in fry 3 3 3 1
runt
Qmn tr.r, llilj Mile.
First bent 46 1:26 2 3
."Second Ileal 4d 1:27 U:.<2
Third heat 46)4 1:27)4 2:64V
Hk KM so ??a Ms Da v?sweups'.nk's oi $76, ball nine
heats; best lb ret in live, dutch wolghis.
Starter/,
W. lliirmann'a a. g. Atlas Ill
? Maniey's g. g. I'nl I'.oonov 3 3 2
J. henry's b. g. Dan OConnoll 2 2 dr
71 me, 1:01?1:0?? 1:04.
DAHEJ3ALL NOTE*
Quito s large number ol spoetalora assembled at
Pro-poet Park yesterday alternooo to witnoas tbo re
turn match st baseball between the handball players
ol Casey's court and those ol Cortoey's court. As
both courts have some very Hue baseball players
connected with them tho gareo proved to be oloee end
interesting, Cortuoy's side winning by a score ol H
lo 4,
The Yale University nine doinaied the Monitors,
Ol Wateroury. iaatordsy, by a rrore ol 6 to $
At Indianapolis on Hutarday ibe Cnioaaos d? I rated
the Indian -pulis Club, by a score ol 4 tel.
lo-duv tbc CbicMroes and CiMihnstls ohiv st Cincis
iSSSKTSy
Crickets anil l.ive Oaks, i ) ? jjyracuac;
l...wolle. a. Low. II; I? ??w* *?<??'* "vc|and end
Springfield iuu 11"||? It. Ja I - ^Ui| y, riUon. at
Kothreier. at U ivetaoil, NewM uroeupoinl.
New Baton, aud Skipper and star, at o"-? t
yachting notes.
Yacbt Agues, A.Y.a. Mr. Thsycr. tw? No- Yortj.
pa?iod tb? IIkhalu nuiion at Wblt?Uon 7
forenoon, en route to Gleowood. U I.
A crowd ol people wer? collected in the jrv
bo?i boa?o ofr. J. U F-.tb, at Ka.t Providence.
U I ou Saturday morning, May 4, ?l?o has lor somo
yacht Carina, for Dr. S.mou Borden, of t
TU. dtlueusious ol the boat arc as
?M leet ? ,nchr; br.ad^ 8 hot; dcjtb ?#l?? ?
inches, and la about . * touiniriu . p ^
s^rqp^:w&rss?sii
SKwrMss "Ukzazjz:
^^S^^jsc^rjsjrst
?.? entirely succusnlUl, a party ?? ?^ Mr
smith P iwtucket,0'*' tho
l?2fKwb,cU ui-'ia adamg a^ai dtw.n .c.el mak
Lro^l"lu.'.-a.n. ro.
^l^^tr^^r^o.^/.o^ora.
lor red to.
THE HANLAN-l'LAISTED RACE.
Ths last deposit ol $1,000 In ibo Uaulan-Nimted
.culling race was posted yctlerday at the tUpper
Sc. The money L now all op, and will ?l once be
forwarded to ll,o Mayor ^ ^".'a
dUfa?cobolng two
miles EtJI 'litaway.
ATHLETICS AT (JILilOHES GARDEN.
Iho very last athletic meeting ?? the season at OH
moro'a Gardsn will t.k. plaoo under dlrcctlou of
Billy Kdwards next Thursday evening. tve.y oOort
Will bo used to make thin a fitting wml up lor IU sea
.11 ,t>. priockp.l "I ''""''J'1"'
being in lull pugilistic uullorna.
BARN EYFERRON'S murderer.
JOHN n. WBIOll* CONFKS?88 HI8 CRlM* AND
18 It BCD FOB TIIK CIUAND JUKI?H1B BTATB
MENT TO A nEKAED BEPOBTEB.
John H. Wright, tho soll-confussed tnurdcrcr ol
Bernard Ferron, tuo hoalman, was taken to 1
Headquarters, in the Urooklyu Municipal Building,
yesterday forenoon, in charge ol his captors, C .plain
Ro.lly of the Eleventh prcolnct, and Detectives
? '? ? ??r- ,
Ca.pb.ii >? p??"' ""
taken 10 tho photogrsphcr's, whore an
excellent picture ol h.m was obtained lor
the Ungues' Gallery. Wright was then e?nWi l?
a carriage to tho First District Court, corusr of Court
and Butler streets, where he was lollowed by a crowd
of curious people. The prisoner was somewhat nor
vous at first, but speedily regained h.a ""P*""
wnou ho was brought botoro ibo bar to plosd
ro-xA tliu chargu and eomplainl, which
Judgo Ferry read the cuargo ??? p (|J(oriuu.
wasmadobyOspiaiu bdwmd Uot y^hnP & Wll(jUl
tluu and boltur and ^ ^ ln;l|iciousiy, with
wilb having Ialootously, - |jurUard Ferroo ou
K
^diau M?., an/U .ol.oweu the suit lo^a
livelihood ror the pas ^ou- straoi Jail. Tho
lormally co">?'lJ?l, ?vod utr hairod "down tasl"
?i:,s ?"
N0.6, w.u, ( w(lh a
Th rtSTrc^cr^y^v^ibe d^'h. ^levh'c ' tory cou
^cOTrW^ot? and boweruioOnB board lire
I 0^^ToMt'o"lpurcnaso pr'ovHion?,lleav"ng
gel to go to New York o | ihrce drinks
h.m (Wright) "aVke,,t ,n ?^ m ne-. room and
ol tho gin which wua kG'* . Ul0 p.ntry when
was engaged in clsuuiug uniirouthiiig him ?unl,
Fsrron cum ou hoard, uu P,{ imdadrtuicof gin
.?Hello, how are you PHdayt |B, whor0
together, alter w^c i n wnPlrtJ lo buy
bo took u seal. *?"?? bm Wright would
some eolfeo vlurl1^? , j lh0 decuastd, ac
not soil it. ??>">? bit at inn latter
cording to tho prisoner ? suiuyM., ? ,n toon b#4 ?
but am not strike nun. breaking ioosu airucit him
,SS\lX^St tart ihku"Jk*J
-Sf&a-uw
SvSV? SSjps'As-fjsariia
crash, ainl as no c . . . b?q dons 1 was tor
"'?'fr'r rrr,?~
sir:!;. ?*? ??
bag Willi lrou, lABi n h-j did ool piae? any
drupiwd u ovotijoard. 4 Uwl lel|
ro,.o in the mcuih ^ ^o^r' throwing tho body
bo!Lil0?'?o t^ok?? from "?s imcket. Uo then
overiioard no toon ?ao ? rogurucd to the
a^tK^-Sr.-aiSTKi
,u?tt 1 ?ir.w pan,.,.Ipl.it ye,
r.r.n"i,rsSuw??..?; ?x'".'",::".
his power to furnish in tho ca?c.
CAPTAIN 8UI1 ii'S ASSAILANT.
l'utrolcman Worn* m-fleruab, ol lb* t'irK precinct,
Brooklyn, **t10, ou Sunday U?l, uttempled to murder
Captain Joel Smith, al llto Wuabiugtou atraet at moo
bouse, by shooting at bint twice, waa yeaietday ar
ralgnod bolora Police Juatlco W'ulah, In tho baaomooi
ol tbo City Mall, 'lhe court room waa crowded by
police ofllcora and idle poiltluluaa, who wara aitbor M
tomato J iu lha disposition ol the cuae or war*
prompted to put iu au uppu.rituco through curiosity,
the prtaocer, who waa Iu an tXceodlugly uervouacuu
ditiou, evidently tbo n?uH ol racoat dissipation, ap
peared wild aud excited. He Wad u Hired in auizeae'
clot hot, as uu superior* would not longer permit niut
to wear lbs uulloria ol tlie ioree. When Jud?o VVal u
bad dispoacu ol tbo uaual lengthy roil ol Mosdiiy
morn ink urunkardaauu assault m u i>att?ry ??>*** He ih-r.
uau waa brought imia tbo "prison pen" aud arraigned
balorn the bar. foiled Coinhilraioner Colonel Koduuy
C. \> ard, Sergeant W al-li and I'airnliuoa It way, UI at oc ?
lou unit Quiiiu warn prosout IIM Judge, add fees tag
tno prtroncr, mini, after reading the ch irgu ol "assault
Willi in tout 10 km," "Y?u oe? i not atiawcr ine qui ??
tlon II you don't a .ah. '*
ftrfleruMi ?aiJ, "Oti, I have noihiug to fin) ."
Uu tlio voluntary I'Xanilu.iiiou ho r< plt'id:?" I am
tliiriy-sevuu yuan ot uk I ??> bom iu lb# city <>i
Brooklyn, and liva at S?. 11 L.iwreuca sin?t, but,"
ho addao, "I auppoae tuy I aw try are turucd out now,
i liatrc Ion tbe polio* eignt year ."
?'Are you guilty ol ilie cnurgu, or do you want
conned T ' It <|Uir< n Judge W'ulsli.
"I don't w mi ouunevi," answered tho pris- ncr,
"I'll plead guilty ol tho charge ol aaaaultwuu intunl
to kite "
I Uu Court thou commttlod the prieoucr to a wait ibe
Bctmn ol me (.rand Jury.
Oaptuiu Smith waa inui li r-aslur yeaterday, and h a
pity icmno aro bopeiul ol lint ultimate complete re
cotcry.
A P11IZ:. TACK AOS FlENI).
( niter Cole, ol the Steamboat Squid, led a youth
to tbe bar ol the loin a I'oliot Court >eeicrday m d
?pre id a naodlul ol inouey ami a nuiubi>r ol anvolopra
oo the iieak belore tno Judge. Two aunburnt,
boncat-looking country lad* lollowed on and t-cpiatued
to tbe Judiro I bat tbey had come Iro n Oneula county
on a canal bout, aud that uaorga Peterson, tbe pna
ouor, bad npproac'icd tin in on pior 7, Hut Kivtr, and
ollorod Hiem luudry priao packsgta lor nolo at lliu
r>-uaouuble mla ol llltr oi-nta each. Iu ode of these
pr so packagi a, be iiaaurad tbaui, 17 iawlul uioauy
waa encioa< d, and may bad thereupon put in lor a
pool ?'J each and bad purabaaed eight ol tba park
uiiea, one ol whicb, l'eiaraou told ttium, waa tu?*i eea
dollar one.
"lint ibcra wasn't any monoy In'em," said John
Campbell, tin; elder lad, ? aruaetly.
"And you thought you were going logat $7 lor $41"
aaked iha Justice.
??Why, yon, he said *o," aald tba lad, simply.
"Judge, I didn't tall 'utu there wis j.7 in tba puck*
ego. 1 enured to bet $.'?0 to f 10 that there waa "
"You ilia, ah. Wall, you're a man boy. You'll got
to Siog ding some day without any doubt. Ju-i keep
right on. Them's nothing to pr?r<iit yet," said iho
Judge, sod he plukod out $4 Irotn tbe pile ol money,
giving It to lha two lade alio directing uu aflldnvlt of
the lacta to !)? made.
Hoaidaa the mouay ho gave litem aome good advice,
uhd altar PtMrson uad paid a flaa at $U mc trio weut
chair aeyeral warm
DEADLY DEBAUCH.
Three Insane Women Mix Chloroform
with Their Ale.
"PRIVILEGED PATIENT!!" ?N TUB IKL1S1.
Two of Them Dead and the Third
S'owly Recovering.
Tho bodtef of Mary Jans Brackenand Julia nogaii
lay it. the dead house attached to tho Luetic A,y.B?n
on Biactiwell's Island yestcrduy. They bad died Irom
drinking chlorolorm procurod iroin ibo drug aloru ol
thai ium111uiion. la room 'Jri, hill No. 3, Anoo llan
u ibitti, alio bad obtained tho pomoo, beliovm* It lobe
a hottlo of "something good," as alio expressed It,
aod who bad iiivue l ibo ottn-rs to join nor in iba lar
wasauil, wai seriously ill, but progressing toward re
covery. All three womeu wero tumatcs ol the aay
luut?patients whole insanity w?? of a eery mild
type and who woro so lur oouvaioscont b? to bo em
ployed lor tLo dltchnrgo ol var.ons light duties. lhoy
had provloualy boon Workhooso pstionis, wero cot un
acquainted with prisou discipline, and In (ormcr days,
w 1,011 tucir opportunities woro moro amplo and tbair
resources larger, had been ol Intemperate habit*.
I'KIVtLEUBD PATIXXTA.
Anno hannanao, tho survivor, is some sixty yoara
oi age; M irv Jane Bracken was bctwoen fltty-Ove and
sixty, and Julia Hogan was uo tnoro than thiriy-foar
yours or ugc. Tna portion ol tho Lunatic Asylum of
which they wero Inmates la occupied by tho milder
class ol Icmalo patients, and among those the three
women named were so little alTcciod by dementia ol
to bo employed lu various household duties. Anna
HaiiuaUan and Mary Jano Bracken wore engaged aa
general helper*, and Julia llogau waited at tho table
ol the steward, Mr Joralomon. It Is tho custom In
tho uhylum to (uruisb some ot tho convalescing pa
tients with stimulant* suited to Ibclr noods, and
Anue Huunahau wus ono of those who came within
Its operation. She received every day a ration ol ale,
put up In a pint botllo. Tno rations were put up in
the drug store or ofllco and woro rangod along
outaldo a high counter. They were usually
carrlod round to tho rooms ol the patients entitled to
thorn; but It ie cortain that Anno Bouuuhan aud an
other woman named Anno Kavanagb were permuted
to coiue to tlto store ana carry tliora away with them.
Tho drug moro stands to tno rlgbt ol tho hall, Just In
st do tno enirauco to tho building. It I* an ordinary
room, almost square, and contains a number ol
ahclvci ou the sido opposite the entrance. On tbesn
shelves stand bottles ol medicines dnly labelled and
arranged, and, In lact, the usual lurutsblug of an
apotboeary'a laboratory. Tno druggist In charge la
Mr. Hugh H. Hagnu. aud between Utrn and the people
whose busiucss or whoso privilege brings them Into
ibo rooiu b a higb counter.
HOW THE CHLOROFORM WAS STOLEN.
Anne Hanuahan must Uavo boon among the prlvL
Iceod. There was certainly no written or spoken Isw
on the subject, bat custom had given her rights, and
sho iiau never been conlronled by prehio.tioa. Oa
tho umruing ol l?si Saturday tho rstlous ol ?>' *****
r iiipcd alone the counter on the ooiEide, and Adee
Ua.tulu.1csm. tot.ko away her sh.re Mr H.g.n
wis making up u prescription and Bad hla bsck
turned and his *a*isiuui, Mr. Cassid.v, was gettiug
ready ' lor the distribution ol tns ratlons aud
hud nls attouliou directed from the woman
who colored tho room. Although tho Ini rood iato
ooject ol her attention wae tho pint bottle ol ale at
tho botloin ol tho countor, her evo was attracted and
X'bly MrimHtMlKin Uxod by one of ???*".1
bottles whlcb etood on lie top It was s blue sixteen
ounce botllo which had uevoi been breeched, ?nd >h?
Sol which was now tied down and secnr.d w lU
tmrcbincnl Hor dlses.oil lancy associated tl with s
lortner mvorite stint ulnnt. Bud probably thoold passion
c uno oack to hor. At all eveuts sho called It gin and
slipped it uudor hor npron.
W UKlt 1BVITBU BCMTB
she earned ber ale out with her also, and going up
stairs to ball No. 3 mot Mary Jans Bracken, her *?*?"??
initio whom sho iuviUU to purtsku ol soroothlag
tMiod.'" Mary Jane was doliglited to accept the invita
tion and jouruoylng up stairs still further they entered
a bathroom, where tlwy fo""* J?"? ?u?an
suo too was cusrmod by tne ooruisl iBvimuoo, sod
?ho wassitll in wblcb 6oalb poured out ho lins
none wa? begun Tney mixed tno ?*ndly dr*J
with tho ale to givo the latter potency, end tho
ale lulfllled tho condition ol Increasing the voleroo ot
tnslr beverage. lhoy drsuk deeply, and their ghostly
carouse being ovor, tuoy wont tnoir .ilUoreot ways.. 1lb*
drug did not tako clteci immediately, andMr. I, g'
the druggist, says that Anna Hannsbau brought naOE
tho crapiy cnolorolorta nottio nearly two hours lator.
Buying that ho hoa given hor poison and that sho had
u'o'fo it into tho sink. llotnon.m.l^h.rbWWstfc,
hut did not, ho suy-i, doled the odor ol chloroform.
tbk fatal tvrtcrs
Saturday afternoon Is generally ? dnll time IB the
Institution, and it is tho cu.teui ol Ur W illism W.
strew, tno utodioal supsftutendont, to take'?***?**??
ol tho lull lu bustneas, go ovor by one ol the boat'. to
tho city ana do hie markeuug in Fulton
M?rkot. llo loliowed bis usual practlos on
11-is occafion. Mr. Jorakuion, the ?'???J"'J*
and his wile Were ales, away, but Mrs. MacDonatd, bid
uiotnor-iu-law, remained at homo to look after "ouem.
hold affair,. Jena llog.n, who waited oa>'?or "**''*
Ber. Sal observed to bo unusually dslland drowsy,
aud about oua o'clock afco ehppod away and wool so
her room. Moanwhlto tho nursae la hall No. Juo
ticed tm.t Auno UanuaUaii and Mary Jaue Ur"****
were acting very strangely, tho general appeersncB
being suon as would bo produced br intnXieailoO.
llr Strew s utstalauts woio called 10 sou Ihatu. and
Ur! Newman, wrn, came tlrst, delected.ho
chlorolorm. llo and Ur*. Uowou and lllneklcy ihM
la- -an uu investigaiiou. 1'hoy wont to the erug store
am. learned iron, tno druggist tUst tno botUo ol
cnlorolurm n?d neon sto.eu. It was now plain
that tho tbree women had drunk of its contents.
Thu nailouts grow rapidly worso, ami when Of.
a rc w rciurnod Iroin nl-, markoung hslound hii throe
a>IiJtaui* in tneir sn.rt ..-vo. iMor.Bg w.ie ali vhesr
luiclit to BlBinWiB srliUeial respiration aud keen'tip
tno heart's action lu the unior unaio women. Jul ?
ip,g,iu si- petiecUy stupid aud seoinoUas II she wmvilkt
n?f Uvo fllteen minute.. Kvcry means ... trmd iB
re-tore them or at least to prolong their Uvea ATI*
UciaI reapiralton, Irlciion, ciestrlcilj, were all brougra
into rin unit mo, hut i wn ol the women-Julia Hogan
and .M.ry Jaue lliacken?were beyond the resoh ol
anibioies. I be eOortn to uave lUem were sept up aM
turou-'h tho night, and at cubl o clock on Suuday
mornmg, while Ur. strew wus .Hllug beside Jelia
lit,* ,n tho heart's set Ion ceased altogether.
M?ry' Jaue lif.ickcn still llugered. Sue had lormeiif
0 "n SI.-peptic patisul and in her cose
resorted to heroic romodics. She w?* ireslod irocly
? lib stimulai,!*, the beet French brandy nelng sd
iniuiilcrciii bui wt uboui onu o'clocfc ioute
111 ' mIiO ton. KUCCUIDOOils
Auni: UabuaiiOO, mo cause ol thie dual uuus?er,
still lives, and, although sho bus had some
uu tcks ci uervou* rigor, Ur. dtrew believes mat bIjb
wbl survive. As sbo lay in ner bed yotterOay she
,r,.go quite rationally and toll how
l.tal r'.Oght lu the lutihrooin. dhs appeared to ItavB
Implicit laitB in the power ol the Uactor to save nor
X. The most prominent does o. ihspcisonrng
Waio violent pursing and vomitieg tu ..II ihroo ease^
WUKHK I'OLS HIS BLAMk Lit .
till* n tho simple story ol in. case.
mi-siooersoi tonfilios aud Correeimo will be
upon io s.y w lieilier permitting ? pstisnt at all
tenoned wuh insanity to rater me erst#*******
r,,ain ?t I irgo tnruugu tho building i# consistent wi*h
proper care, -uu or ? hotile ol . dsngcrnn.
dlug staniiins ?o the top ol me euunter iron, watch \
e it b? ic .dilv purloined cau ho said to bo lUlUcu-utiy
"lilpui'y torem r t eal,man made a post-mortem ex
abnnailuu el bulb bodies and loend ae.th to have
been . nosed by cliierolorin polsoaing. No blQcial ?Xj
aniiB.itp-a ??io ?bt cireemstannee w.ll be muds na.U
lliursday moruing atxl, wu?o an mquost w.ll be helB.
P1CUIC ACID I'UiaONiNG.
An loiuest w.?* hald yratcrday Into ibo cause of lha
death ol Mary Ann Dough* rty, twelve yaare ol age,
who died on Marah 2) under ciroamstsncot which lad
to Ui? belnl Iku al?a bad bean poisoned by ibo ik*
aor|>uoo of picric acid need in iba coloring of aruflcial
laavri and gneae* m Uia f ir.lory whora aba bad baan
ouipin) o<k The uaramr'a jury daiormioad that mo
c.iuoa ol uontb viaa oiacaan ul Iba llr?r, Bulimy* and
lung*, whicu may have bean aoeelermed by ina *0
*?r|>tiou ol pkttiu acid |xii>oaiug u*ed lu the coloring
ol aritAtlel Oow.rs, leave* anil grae?ee. <od recoin
uioodeu lliat Iba Hoard ol Health inaka t lamination
01 ail lacioriaa whore poi*otiou* iiigridicnta ara used,
and report llic pliyalologiaal aud pathological eileoM
?I aucb mgrauieuta
THE MAKIlLh CLMEiEUV.
Tha annual meotlog of tba vault ownara In tba Nam
York City Marbia ( ewotery. In Second atraal, lor IM
purpoeo ol alacting live truaiara lor ibo antuisg year,
ara* bald yaatarday at No. Sua tront otrect. Tba let.
lowing gentleman wero chosen :?Cbnrlrn J. Hawaii*
Tiioiiiaa Kiomiug. Henry Day, Howard Wiley and
Anaoti linker.
Daring ma peat year ibora ware forty-two la tar.
nirnt* ami tight removal*, ibo cummer) la otrtetlf
privala, under the < outrol ol no i>articuiiir rant or
uanomloati in, ana upon it* mouumaola nad tablata
ar>< luaerioad the aatnaa ol many of tba moat lionorod
i ml reepci.tad laouim* of Una any. It la the on if
corpcrat ion wbiab afford* lac i lit lea to tba pablia lor
temporary interment. I'raaldant Monroe raatad iu tin
vault* inr iwaniy-stwn years, and they now-bolu thb
hud* nl weuerai i'noa, ai l'raatdaat M l'aro.