The New York herald. [volume], June 18, 1878, Page 8, Image 8

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

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THE COURTS.
Judicial Protection Orer the Es
tates of Lunatics.
PROCEEDINGS IN BANKRUPTCY.
Trial of Mary Brown for the Murder of
Frederick Wiegand.
The Commea Pleia, General Term, net yesterday,
end alter delivering a batch of decision* In easoe ar
gued during the laat term of the court, adjourned
without dato. The most important el the deolstons
rendered by the Court was that in tho matter or J.
B. Gate*, a luuauc, which came before the Court
mainly ou tbe quoation as to the authority ol the
Court to require the committee of alunetlc to maka
compensation out ot his estate to eounsel retalnod by
tue lunatic to defoud htm against ths attempts to
adjudge him msuue. la this case tbe Court be
low ordered *>uch allowance to the extent ol
Judge Koblnaon, wbo writes the opin
ion of the Court on the appeal, says that the
ease iu respect to costs, although a special proceeding,
Is not one controlled by tho code or the act ol 1864 al
lowing oosu in special prooeedinga and on appeals at
the rate allowed lor similar services In civil actions,
as these provisions hnve relations solely to the award
lug ol costs Inter partis, hot such ullowance is to bo
made. It at all, according to the services necessarily
rendered to the estate ot the lunatic, while tbe person
proceeded against in such s proceeding Is not
to be deprived ol tbe means of protecting
his legal rights. The property be possesses
lor the support of nimaeli and family should
not be nnuroessarlly wasted in useless litiga
tion; but to warrant counsel in opposing It should
appear mat there w >s reasonable ground lor believ
ing that the party proceeded .iguiuai was not a lunatic,
and whether, It such (act was in doubt, the Court
would have bave directed and sanctioned such oppo
sition. 1 ho ibttory mat an alleged luualie muy em
ploy a solicitor to resist the commission and after
ward lor traversing It, and mat ttis estate is liable lor
costs, unless ttiero lie unnecessary or irlvolous litiga
tion, uocords with the current decisions of our courts.
Wbue thus afhrmiug the power or iho Court in this
respect, the uilowaoce made otnnol on the evidence
bo regarded otherwise Uiau excessive. The case is
not an ordinary one arising out of mere employment
ol an attorney, whose compensation is to be
upon tbe quantum meruit lor nil he does,
discreetly or otnerwise, at the dictation or
wun the upprobatiou ol his sheuL The
claim ta one that can only be allowed
in such a ess-? as the present upon its being estab
lished by competent prool '-uiat there waa reasonable
ground* lor uwlieving that the party proceeded against
wus noi a lunatic," and that only such sorvices were
rendered as wave within n wise exercise or Judgment
auu tree from imputation that any efforts were wasted
ou frivolous or useless litigation resulting irom caprice
or indisoietiou ou the part ot eitner attorney. It Is
ysriicularly tbo province of courts, as guardians of
the estato ot a lunatic, to protect it lrom any con
liscatiou lor expenses incurred with its sanction, be
yond wbat ihe credence presented lully wurrauls uud
justifies even to .he extreme letter ol the law. They
tire not the aiitiouura ol bonoty to any oue, and uny
tiponse exacted ae charge lor proceedings taken
against inlands or lunatics must bs the sub
ject ol rigid scrutiny before their property
or estate can be condemned or cooilscaled In luvituui,
or appropriated to tho payment ol vaguo and uncer
tain claims created without the sunotion ol' tbe Court.
Alter thus dwconrsiug upon ine power and duty ol
tho Court lu tne premises Judge Itobmson goes ou 10
Kay ilisl uo- suub proel is presented us would jusiliv
uny such allowance us S6U0 lor ths services of couusel
in ibis o.ise in opposing the Commission 01 Lunacy,
nud no tntaks tne sains nuuecesssrily expensive. He
tnorsloro reverses the order, wiinout prejudice, bow
ever, to a tuoliou lor a reicrenco to uacortuin what
would ba a proper suiu to be paid lu accordance with
the principle mid uowu in nis decision. Chief Justice
ldsly in s oriot opinion oonenrs with Judge Bobinson.
COMPOSITIONS IN BANKRUPrCY.
An important decision baa just bean rendered by
tbe Uenorul Turin of the Court of Common Pleas tn
tbe ease ol Biunnurg, Hill & Co., against Jacob Stern,
tue opiuiou being written by Judgu Van Hoesen and
concurred in by Judge J. P. Daly, in wbtcb tbe Court
lioida that a composition efleeted wub creditors m
L.ukrupicy wail bar debts, even 11 lrauduleutly con
tracted. ibo plain tula recovered an ordinary judg
ment by uo ault against me deiendant, but tbe plain
tills bad also obtained an order lor tbo arrest ol the
deiendant ou the ground tUal tbe goods sued lor in
ttiu complaint bad been Irauduientiy obtained. Alter
judgment was entered William Strauss, tbo de
i. hdaut's oouueel, uiade a motion at tbe nariue
Court, Cuaiuoera, lor a perpetu.il stay ol exccalioa,
yulilugout as the ground ol lUe application tbe cogt
jioaiuou iu bankruptcy wto>ob tbe Uuiendant bad mesn
wuiiu cUoeteu. Tbe applloation being denied tbe de
iendant appealed to tbu Uencral terra of tbe Marlue
Court, where tbe oruer waa reversed, and toe Court
grunted tbe stay ol proueediuge aaited lor by the de
luuuuok Tbe platnufl, appearing uy Messrs. Hart
nod Bamberger, appealing Irom tuis ueciaiou, went to
tne Common i'ieua, General Term, where tue judg
ment Oi too barmu Court, General lurm, has been
i dlMued wlib eoatn, and tbu deteudaai'a motion lor a
stay grauiou. Tne importance ui tbis decisiou is well
understood by lawyers, as tbe Supreme Court el tbu
Department, tue recent case, determined tbe poiut at
Issue jus. ibo otnor way. J udge Van Hoeseu, in Ins
(?pinion, reiers to decisions In bankruptcy made by
oudge Lowell and Juoge Blatculoru, sua luilowa toeir
n;guinuui iu drawing tao distinctions between a com
position ana a dSscuarge. He holds that Ibe mere
fuel that a bankrupt has been roiused a discbargo is
Hot an absolute bar to e composition; mat a disc barge
relieves tbe bankrupt Irom uia debts whether iheru
are or ure not assets lor distribution ami mat
uuder tbe eotapoaitlou money ta paid in satislacuon
01 tbe uebt?tue debts discharged, paid and satis
bed wttn tbe assent ol tne creditor. In
roierrins to tbe act ol Congress wntcb crestod tbe
coiupostUou law, Judge Van uoeseu says:?"I"ne act
ol Congress relating to co tn posit lou Is modelled elter
suction 120, chapter 71, ol 42 .n J 23 Victoria, wuicb Is
cited us toe Beukrupt eel ol 1IMW. Congress did not
See III, however, to adopt aeetion &&, cuapier 02, 32
aud 33 Victoria?the ltuprlaoueu Debtors act?lor that
kecllou provides tbat a uebtcr wno makes any com
position sball reinulo liable lor tbe unpaid balance of
bis debt winch may have been Irauduleatly contracted
uuiesa every creditor sliall aaseut to tue composition;
tuai accepting a Uividead sball not be considered ns
ku asaent to tue composition. It la only by virtue of
tl.e Imprisoned Deotore aet tuat u dubtor iu Kuglaud
wno has made a composition la liable to arrest, auu aa
in ibis couuiry mere is no aucb set mere is no way ol
ueieaUug or modifying tbe effeot of tbe language ol
tbe act of 1874."
KILLED BY A WOMAN'S KICK.
A woman name Mary Brown, residing at No. 22
Cherry street, waa arraigned in tbe Court ol Ueneral
daemon* by Aesietaot District Attorney Herringyeaters
day, cbargod wub manslaughter. On March 21 tbe
woman, accompanied by bar son, a boy five years ol
?ge, enterod tbe lager beer saloon ol Frederick Wi
saud, at No. 122 Beater street, and aeked lor alms.
Wtgaud upbraided bar lor leading ibe llle ol a
mendicant, upon wmch sno became angry aud
Used some offensive epithets. On leaving lb#
Saloon sbe slammed tbe door la e violent
Uiauuer. As Wigsnd went to sliet It thu woman
turned upon him and kicked biui In the abuomeu,
irom ibe effects ol wbicli ne died Iu e lew days. In
r-ply to her counsel, Mr. tarn una E. Price, me ac
cused stated tbat she went tutu tne sainou to sell pen
cils, when she was groealy luaulted by two ol Wi
gai.d's customers, ooe ol whom puaued he.. She
uiade e k<es at tne u.au who pushed b?r, but missing
tue person lor whom li.e kick was ibu ikIcU her loot
?truck tbe deceaeod. Tue jury, eiier a briei absence,
louud tue prisoner guilty ol meualuugbter in me
Jjunn degree. Mr. Prise made en eerusat appeal Iu
bur bebail. slating ibat sue wee a widow sud itad Qve
children. Judge autberiend sent her to tbe Peulten
Uary lor one year.
SUM MA It Y OV LAW CA?E&
lu Mi? ami fur divorce brought by llalliaa 0. Col*
*g?iD?t bis wile, Cera Ixiaise Col*, otherwise known
?s Cor* Pearl Uueted Col*, lb* laais ol winch bar*
b' co published, ? reference was ordered yesterday by
Judge Oouobu* to Mr. A. K. ilainui*r*ly.
Judii* Van Hoeeen, la ib* Court of Common 1'lau,
y**i*rd*y sr*al*d ? Judgment in favor of tbo plaintiff
in tb* salt brought lor divorce, ou Ui* gvouud of adul
tery, by tieiene Flacber against brr hssbaad, Kug?n*
> metier. A similar Judgment was also graotod by tb*
Bmuk Jadg* is tb* *uii lor divorce brought by Johanna
tti hunger hgiiin*i Jobu Bcbauser.
Tu* arsond trial ol David Marsb, a p*dl*r, seventy
two y*ara ol age, ?oarg*d with rooeiriog largo quantl.
lien 01 spool cotton and noodloa stolen Iroui H. B.
Clalliii At Ou., was r?auin*<l yrsierdey In Ifeo Court ol
t>*n*ral -*s?uu* b?ior* Jadg* ttlldersleevo aud will b*
eoniiaueu to-day.
H ioa y. Li owa, in a petition presented to Jadg*
fcdugwiok iu tb* superior court y*st*rday, stale* that
Jb* >a lb* lather ol I'aal Loewr, an inlant *l*ren years
Old} that on ib* Mtu ol May last, at Na 107 Alien
? troel, Frederick Dimmer violently aa*aolt*u Paul
w ith a piece ol ban wood. HiOtcusg aorious injuries
I'pou tui* a I at* ol tact* Judge Van Mee?uO granted
bis petiiIon to be maJ* guardian ad litem for Paul to
bring a suit againat Dumber lor damage*.
In the oaae of President Foobay and Bepertnteuclent
b'eweii, 01 tbe Broadway and oeveiuu Avenue ltall
toed, charged witn violating tb* kieouou law ib
baring, as alleged, atiomptou to Itigueuc* tb* voice
si eome ol tbair employs* at tb* ia*t eloclion, e?V?
?rai witness** w*r* boior* lb* urand Jury yesterday.
Mo far sodellnM* action ba* boon taken in la* matter.
I be corneal over tb* Will *1 Louisa a. Bsurroer was
opub*ei be lore tb* surrogate josh-May. Bra Maria
Lipfb with wbom deceased resided for ssm* montba
previous to her death, was esassloed and testified tbat
Mr* stumer draok a groat Seat betwwea the dates
f Sapteanber, 1876. ?Dd Mar, 18TT, Tha examination of
Ibis wui^s. a quaint ul?l Lirrioau woman, occupied
llio aiieruoou and tbe case was ad)ourocd.
u """? was triad in tha Courl
ol Uenerai ?ees.ous yesterday lor larceny iroui ttoa
person, in having au the 26th ot |M| Mar Molen a
watch and ebaln froiu James Lyneb. Tlie laaiimooy
oltb. complainant waa r.ry Mnnatng, Ind a?tba
whiob was oonduciau by Mr. A. H.
admitted baring baen oa a picnic an tba
Bigbt bia watau waa a to lea. and elated that the
t??k P'oparty while tba wltaaaa was in a
recumbent paatura in a wagon in Meat Twenty
infh b,,w*an tbrea and lour u'clock
In the moruiug. Tba Jury alter briai deliberation ran
ch urged V ct n<H *aUt* ??d Kelly waa die
In the suit ol William K. Krockway against I'eter
Holbrook, a policeman, aud in which an appiicallou
was made lor hie lurtnur examination as to bis prop
?' Vt 'oalacis of whlob have already beau published
in the Hkualu, Juuge Vau Hoesou yesterday ren
dered a uociaion, in wbicb na suya ibat Hoibrouk has
already beau lully examined auu be deems it ueviuea
to compel bim to obtain loaye ol absence lor luriner
atieudahce before ibo referee. Judge Van Hoesen
yr*0H?r.0U :-"1( iU# *iabaa to examma
Mr. Holbrook or otber witnesses he may proeeed in
tha ragolur way to do so. I will not, however orJer
tbo payment of Holbrook'* salary to the planum it
the case Is apropor ouo ibe Police Commissioners will
ao force tbe paymeut to pluiunO of the claim."
Ibe case ol Kuwitrd Uoderblii agaiuet tbo city oame
baior. Judge Van Hoesen ,n the c",Yof Comma!
1 lous y osier any on a demurrer to tbe complaint The
complaint states that on tba loth of October, 1872 iba
burrocuie, being authorised by law so to do, appointed
.1 Uudorblll atenograpber to tbe ?ur
W.V ,tolm. al ? salary ol $3,000 per uuuurn
that tba latter entered uiou tbe duties ot bia oflioe
J!'*?* dlw!h,kr?*d "?? ; that tbeouy
? 10 bim a balanee lur each year irom 1872 to
1878 inclusive aggregating $1,739 03, ,.nd ibia suit is
brought by tbe pisioufT, #j? bis assignee, to recover
the sum mentioned, the Comptroller, upou demand,
buying reluaed to p?y tbe some. The compluiut was
demurred to on the ground that It did not state I acta
sultlcieul to constitute a cause ol action. Judge Van
Hocoeu reserved bis decision.
1 litre was tried yesterday, before Judge Barren,
holding supremo Court. Circuit, a suit brou hi by
berman Uhl, receiver ol tbe Carman Uptowu Haviugs
Bang, sea lust Christian Sob warn, at ous time prea "
deut of the bank, to racover $9,000, a call loan i0
Isadora Pulk. It wss charged that Schwarix, who
while presideut of the bank was also pre*ideui and
treuauror ol tbe brnpire Laundry Company, "uve nla
checks, dated abroad, to pay the loan, wh;cu were not
puid, the transacuou growing out ot the sale by ino
laundry company to Mr. Pulk ol some unimproved
lots, corner ol Tulrd aveuue aud Fillv-lourtU streeL
on wmch lots were two second morigage?. The lurv
iouud a verdict lor $l(M)onlor the phTiutiu. u*Jury
GOUlif CALiE.aDAJiS?THIS JJAY
Scrasug Count?CHAMNSNS-Held by Judge Potter
Now 9. 39. 48, 48. 63. 68. 08, 80, 116, 117, 124 1M l i7
138, 139. 162, 154. 168, 18u, 182, 171, 172 173 175 ' '
July 3o"*878??CKT?<*ltl"',,AL ' ***??Aulourned until
Sl'I'KSMK COUNT?-PKCIAI, Tl,RN-Held ? J d
Domicile. ?Luw end Isci?No*. 461, 646. 607' 471 5?
87, 2o0, 26, 386, 388, 136, 131, 667 602 683 584 nm'
670, 674, 70 489, 470,' 602, 608,' 321\ lit ?g ^ '
624, 626, 243. 382, 678, 216, 380, 673. ' 1 8ltf*
suntkjik Count?Circuit?Par 11?Held by Judge Van
Brum.?Nos. 3242, Ool 802, 2723, 2724 3133 3239
2847, 829, 1309. 134, 3423, 1031, 1719 483k 2177 3540
1T0SK. 18K. 440>a, 1021. 3388.' Par', 2-hViu!?'jtgi
Van Vorat?Hob. 1339, 1494. 3342, 1305, 1379 2493
fUa- 1880, 2660, 1420, 1604. 1119, 1031. 1694 k;'
1093, 797, 2812, 1330, 1469, 1602, 1500, 822. 1683 307*'
Fart 3?Held by Juuge BurrelU? No*. 1627 k ' 1 ,4?
3479, 1174, 1202. 37, 229. 1482. 1203 1540 14ft i^ai'
2966. 3180, 1539, 1443, 810. 403, 1529 k 1619 ' ^
SurcKioN COUUT?CtsibAu. lsan.?Adjourned until
tbe lourtli Monduy ol Juue.
surgKioK Count?.social Tkkm?Hold by Judge
Sedgwick.?Ho day calendur. auuge
SurawoK Count- I rial IxRM-Part l_Held by
Judge -anlord. ?Nos. 1276. 97, 696, 746 318 763 i?ii
fj*' 1|4' 14at263, B00! 44e. 836 Peri 2? Held by
Cbiel Justice Curne?Noa. 848,836. 826 768 31t ham
1006, 167, 134, 1264. 773, 1264, wT8uf'819 Pun ^
llcld by Judge Ireediuau Nor. 876 lo-'2 984 9-u
930. 931| 932, 9:13, 1006, 1026, 894, 913 ogi ouj' una'
897, 898. 899, 909, 901, 995, 1013, 070, 996, 495 496
^COMUON PbKAg Unxunal 1'snm.?Aujourned Sine
term,n,0* f>LK4B~E<lclTY T*k*?Adjourned lor tbe
Congo* pLKAB?CuA*ugK8?Held by Judge Vun
Hoeseu.?Noa. 6, 11 und IX ' -u?ge vun
Con son I'tKAt? I rjal Tnku?Pertl?Adjourned lor
Ibe term. 1 art 2?Hem by Juuge J Y L)'tlv -Mae
389. 2764, 1478, 1463. 982^. 1209 2899 2670 2129"sn"
1416, 1489, 1491, 2881, 1479 416 61o '2879' 136a' It-''
1681.1940.1438,'483. 829, Iil6, 26^. ' U 24^ ' 688*
108. I67d, o44, 318, 661, 662, 1898 653 1106 1104* ll-'l
2710, 1372. 22, 619, 620.' 148,' 394, ' 3^, ' l^T
1426, 368, 644. 2601, 2917, 1963 ' ' '
Maw.nii Count?Tkjal 1 gan-Part 1-neld by Chief I
4449' H74 aS ?7^-.ni^12' 4Uh4' 2014' 4auu.
aaao, 44 4, 6i2o, 2743, 2i2l, 2230, 4417. 3756 1396.
?! utJtjo Slior dun.?Nos. 4060,3833 4l-'0
Uio' 4a?B; 4"87' 386^3^0
44i0, 44i)- J,n .i?Held by Juouc tiiijijott ?\ih
4373, 4862, -J637, 3676, 4672. 4218, 3226 k 3474
606, 12>?, 1641, 4634, 3315, 4664, 4670. ' '
,?* UlMbMAt ngaeioMs.? Part 1?Held by
Judge A. Ciidoraleeve. ?Tbe People vs. David Marsh
cont.bued ; Same vs. K. J. Jorolomeu. feiouious aa
aasanu?and 'hIT.' ua v<u Kul,? Ifloulous
n?.J? o battery; .-ame vs. William Uardner
hor ia,{' 2*m* **? Uuor8? Baker una Albert hnklcr'
burglary; Sume va. Henry Buvia, burglary Sunm *?'
?.org. Baker, burgUry; s.m^ ^ ffijcl Kyan
grand larceny ; Same vs. Mary Clara, grand larceuv* I
Wl,1lllalD G*rr"J. snibd larecnv; Same rt!
Walter L. Horsey, (also preteueea; Samo vs. Hugh
Hugun, false pretenoes; Same vs. Louis iSVofu
Same yg Kicnard Luby, robbery. J'art 2?Held by '
Judge suiborland?Tno People vs. Arthur Ckidlrey
for !***/ i j8"31* T*' J,,mo8 H acginsa and John Cruw!
lord .robbery; Same va Jobb Plixgerala, lelonious
aod Buioe ya Mary lloran, lelomoua
MOon.li? uatiery; Same va Timothy Clemens,
Lacerballe^'^fpsi'itf1"' ?"?? Vincent
JLacerbuiler, grand larceny; Same va August Vuudor
bogen, grand larceoy; Same v?. Philip Uoauer, grand
larceny; Same va Tereuoe O'Dopnelly, forgery'; Same
tvnsllp Pant larceuy; Same va James
mlsdemtan*r.Lr ,n,ma"4 Samu Jobn Rooneg,
COURT OF APPEALS.
Albasy, N. Y., June IT, 1878.
la tbe Court ol Appeals to-day?present, Judge San
ford it Cuurcti and associates? the lollovrlng business
was irausactad:?
Na 84. Albert Kanyoo, 4c., by guardian, reaipon
deut, Ye. lh<' New York Contra! and Hudson Uavwr
Railroad, apncllunl.?Submitted.
No. 273. Tue Huiiaon Kivar bridge Company, appel
lant, rs. Jonu A. Patterson and others, respondent*.?
Argued by Matmew Halo for appellant, Am tea J.
i'arker for reapoudeul.
Nix MS. Deulel A. Mowrv, Jr., respondent, vi
Simou W. Hoaendale, receiver, &4. appollun x ?Ar
gued by Wlliiutu P. Preatlee for appellant, Judieu T.
Liu vies for reapoudeul.
No. 234. 1 homes Taylor, respondent, ya Aliaander
Pbilip, appcllauL?Argued by Payson Morrill Tor ap
peliuui, A. Hell Ualoouii.oa, Jr., lor respondent
Nix 379, Cordelia A. Lines. respondent, va. Jaiuaa
M. Seabory, appellant?Submitted.
MOTION CALMS DA H.
Motion calendar lor Tuesday, June 18, 1878;?
No 318. Rlgga va l'aronli; No. 41b. Hand vs. Tbe
Mayor, 4c. ; Na 43tt I'oople ex ret. Saterlee ve. Tbe
lluard ol Police; No. la re llatcO; No. 41d>. KlcU
ardu Vs. Richards; In re (lusruiao and oilier Hie in
surance companies; No. 438. In re Walker las vacate;
No. 438 Smith va Kaetibun, lie., sxccutorn; Nu. 42W
Suiiui va. Hatnbaii. inapleimed; No. 431. lb re New
York I'roieuiant Kplacopal Public School to vucuie;
No. 433 KmigrsOi luduairml Savings Bant w. Cold
loan, Na 433. In re Uurmuier to vaoate.
PAY CALBXhAR.
Day calendar lor Tuesday, June 14, 1878:?Mas. 380,
281, 383, '383, 287, 388. 2U2 and 204.
AN AjCTOR'S SALARY.
Daniel H. Harkina, um actor, baa brought aaault Id
tue Court ot Common Plcae agaiost AuguatUt Daly,
late proprietor ol the Filth Avenue Theatre., tore
cover a lielanoc ol aaiary wbtcb ba olaltna to be due
blni. Mr. llnrktna aaya that Hi waa employed by Mr.
Daly from 1874 to 1877, and ought to have be* ti paid
831,000, whereas ba was only paid 817,4.1b 34, ibid be
now auoa to recover 83,441) <14. Tbe case came xoiore
Judge Vau Hoeeen, boidiug ."penal Term ol tba Court
ol Common l'io..e, on a raotiou to place tba cailxe on
tba snort calendar, Judge Vau Tloeaea yeatarda yarcu
dered a decision denying ilia motion.
QUESTIONS OF VERACITY.
Frank Dortnan and Tboiaaa Walab, tba l' mo man
who worn arrested in Vim mnm on ?u4i;t alter a
bard light, by Officer Tbwmaa Daly and ton ?> oi bia
eollaagnaa, of tba Kigbth product, ware arr ttgaed in
tba Jefferson Market Court yoaiorday bol< we J udge
Murray. Tboro was proaont a largo crowd o< tutor
caiad spectators, Joclnding Captain McDooncdi and
Dorinan'a
?w> rai of bia officer*. Dorman'a (boa waa car
mounted bv a deep gasb running corona tbe right
tampie, and a couple ol ugly brntaoa ma rkod Ct Uicr
cheek, while Weisb bora evidence* on I iia aca^P of
having roceived hard u*nge. Ulllcer Daly laid lie nod
attempted 10 arrvat Dorntun lor drnnfeanooaa and c'lt
ordariy conduct, when tba latter turaeu upon bant,
and, wub Welsh's aiaiatance, wrauci od tlto oiub Irnoi
lna band. Tba crowd than shouted, "Oi vc u tn hi in f
and no waa thrown dowu and kicked aooiu tbe about
derc, out managed to gut upon ma laet mid duacbargo
bia reVolvur to aouimon a?aiataoce. Dcmauut me
beginning oi the Iray bad drawn a knsfe upon hun,
and it waa tbat wbicb cauaed bim to aarike tba fl.vl
blow.
Ilriore any further examination waa made Captain
McDonnell said be dacirad lo quoatlon the prmou.f
about Hie charges lie made relative to being clubnod
In bia coll. Upon wuicb Doruiao at onoo broke out
with a flit declaration that bo bad been knocked
down outetdc hie cell and clubbed about tbe head and
Humidors Ha then opened lna cmrt and exposed to
view a number ol black and blue strtpea.
Tnen tbe Cupta>n and lb# doormen and otber offi
cer* teatiDed in at they bad scarcely loot atglu ol tbe
pricoiidr aud ma cCptura; tbat tba former nad begun
tbe affray end lougnt along tba ? tract aa lar as tbe
station bouse door, and tbat Patrolman Daly bad out
exceeded lila doty a whii. l'ban aame tbe witueee*a
lor ibe defence, and the; at ouce tail to uanyuig
everything Ibe officera bad said, rbe nflicarx, bow
aver, repealed Ibelr atory without deviation Iroin tbe
original variinu, and aa soma uf tba oibor witn??*ea
con trad luted tbamaolvaa aovaral limes tbe Court cob
oluued there wag probable tan*a to bote Uto two pris
oners.
THE BANKERS' EXCURSION.
MLW YOLK BANEEBb AMD IB LIB RECEPTION
AT ATLANTIC CITT?THE BBOAD AND MAR
BOW GAUGE FEUD ? THE ATTRACTIONS AND
DISCOXFOET8 OF THIS CITT BT THE SEA.
Atlantic Citt, J una 17, 18T8.
Mow that tho excursion of Maw York bank presi
deuis la over sad ibe gentlemen Uuvt returned to
tbeir respective piles ol greenbacks It la generally
asked, Wbat was tba object of this financial gather,
log t The object of the bankers was to "have a good
time" and ttiut of tbe railroad companies was as
much newspaper glory as possible ana an empbatie
?indication ol the broad gauge principle. As tbe
party was speeding on to Allautio City Mr. Merrick,
a director of the broad gauge road Iron Philadelphia
to AlUntleCty, pointed at tbe track of tbe ileal lino
oloae by, and, witb withering acorn, he exclaimed,
?'There's our rival line?it lau't worth a
row of beans!" This was tbe drst indica
tion of tbe deadly tend prevailing between
tbe two roads and wbicb threatens to aasume
the despenute proportions ol the meinoruble conflict
between the Eataoswiil Gcuetie aud tbe EaWnswill In
dependent in tbe "Pickwick Pupers." Ex-Mayor Wick
bum, to whom Mr. Merrick's exclamation was ad
dressed, looked blank and pernapa a irifle Incredu
lous. lie did not appreciate the importance of tbe
bitter war waged by tbe two rouds and of tbe f'soi that
the wbola town of Atlautlo City (population 3,000) is
aflame on tbe subject of the contest between the
broad guuuo and the narrow gauge?a contest wbicb,
to judge flrom mo Intensity to wbicb popular senti
ment uas been worked up, must have dated from too
fall of man at tbe very least.
"Why," exclaimed Mr. Morriok, contemptuously,
??they only bave got forty pounds ol steel rail to the
yard, while we have got sixty," and at tbs latter
figure tiki eyes dashed with pride.
nilOAP UAl'UK OK NAKKOW OAUOK.
Tbe emire excursion purty were thoroughly Imbued
with thai superiority of the broad gauge principle be
fore tbey reached Atlautlo City. 1'hey mentally
shouted, as it wero, "Hurrah lor tho broad gauge I"
Tbe feud between the two roids, it appears, arose
Irom a quarrel In the management. Home of the direc
tors in the old road?the broad guugo?-got dissatisfied
aud started the rival hue more out ol spite ibau lu
the bops ol maktug money, aud the cousequouce is
that while the traius ol ttio two roads, running along
side each other during a good portion of the way, are
racing huru and last, lares are lower than ever and
neither of the eompanios Is payiug dividenus for tbe
present. But ibis exouiug bankers' excursion was
to tie marked by disturbing feuds throughout its
progress. Aud, arrived in Atlantic Cuy, the
question w?ts, Wbsre should tboy stop?at Congress
Hull or at the Brighton V Both bouses hau made
some preiw.raiions. The Brighton people claimed tuut
they would culertaiu the wealthy excursiouists iree
ol charge, while the Congress Hail proprietor would
only chs/.'ge them $6 u head. It snouid he reiuum
hered lb? t this was a "complimentary excursion," lu
which Uie excursionists puld lor uvoryuiiiig except
mere r? ilrosu transportation. Well, tho Congress
Hull pes.pic captured iho excursion iroin lis greater
Size us a caravansary and toe Juvor ol the railroad
couipa/uy, aud consequently tbcro wan gnaahlug of
teeth ut the Brighton.
DOiMU TliK HOXSKBKS.
Not/ cuuio the third exciting leud. Who was to rc
ceivo litem 1 Colonel l'oy loti hud requested tho Mayor
and < ;auimou Council 10 do the lumnuurt, but tbo road
wouldn't have it. The company hud had a quarrel
wile, the cay authorities about uu avouue which they
bud apiifourlatod, aud the directors oi tue roud hid
loPoiddeD the town dignitaries to come near the
ex? jursiouists, aud thus the Mayor oi Allauuo City
he a to suppress his elfi-rvesciuy. oratory; the cx.ur
an iiiisia Uido't receive the valuable privilege ol ihe
**ireeuotn oi AUuiuic City," which the common Coun
cil bad voted theui, uiu, instead oi listeuiug to a
sueecb ol welcome by u mayor, they had to eon lent
theuibolvea with an Atlaulic City doctor as the orator,
liut, according to Colouel i'eyiou, even groater evils
catue iroui tuis uutoward conflict, tor had uia pro
gramme boon carried out, lie suys, the hacks aud
yachts would have been tree; there would have been
ah lllamllialiou, aud tbo visitors would have been
spared luat luhospilable viaitutiou?hotel bills. Uul
Mr. Lucas, the ex-presldeut of the road luterlered aud
by snatching the luilliounaire excursionists away from
the municipal authorities aud appropriating them ex
clusively lor the benefit oi toe roud, wreaked
hie revenge upon the squashed and blighlod
Mayor una Commuu Council. And thus, instead
oi riding iree in carrlugcs, those sixty-iuur distin
guished New York buukere, wuo did uot care to pay
lor their own oouveyaucos, were carted about lu the
opeu street curs oi Atlautic City, wuich are drawn
by mules. Mr. Lucas, au Kugiiaumuu, by tho way,
made a remarkable speech, demoustretiug the tonic
edecta oi the AAiaotlo City air iroui the striking laot
that he hud thirteen blooming children, and no
promised all the New York visitors an equally flourish
ing progeny If they would only inhoJe siilticieuiiy the
breezes ol that Brighton oi America?Aiisniic City.
TUS CO.SKY IShASD Of I'lllLAOKUMII A.
Del leaving Uie cxoursiouiats, iho broad aud narrow
gauge aud the leud uetweeu the victorious railroad
aud the snubbed muuicipility to their isle, a lew
words about Atlantic City may be lutoresting In coo
u.cliou with this cxcursiuu ol disuuguislied
New York bank president* Atiauiic City
is situated lu A use com May, on the Jersey
coast, about sixty miles southeast Iroui Phila
delphia. As it takes the Pblladeiphlun only
an hour and a hail to ruu down to Atiuuuc cny, it is
to 1'hUadelpiiia what Corn y laland would bo to New
York 11. 10 addition to its hotel accommodation!- lor
the masses. It bad also about eiabt hundred cottages
lor quiet, unosiuotalious bomelil'e. At uue time it was
ouly irequeuteu by the rougher element el Philadel
phia, aud the visitors came in huge popular excur
sions. The ruilruad built some mouster "ex
cursion houses,'' with vast dancing balls, Jta,
sua this rather "last" feature ol the place is still pre
served at Its lower end. At tho upper sou, however,
there is qulto a dillorout seaside 11la. There are u
number ol hotels ircqueuied by the bettor classes ol
Philadelphia aud liatilmore, anu there are al?o hearty
eight hundred cottages occupied by genteel i am tlies ol
modest means by the season. Qm-o a nice Irume cot
luge, with lrom eight to leu rooms, may he bought lor
i?'g,uou to $*i,uub. hor fu.ubb quite a naud
aoino, well flulshed summer residence may be
secured. Atlantio City is a place where hviug
is comparatively cheap There la no extravugsaue in
dress. There are very lew hops or balls; sua It is, there
lore, well sdspleu lor qaiei people ol small pockets.
The rluber aud more showy classes ol Phlladolpbia
??society'" generally preler Caps May, wbiob is equally
accessible to them; ysl there le one hotel ih Atiuutio
City much Irequiuted by lasbiuuuhle lamilics lrom
New York aud Philadelphia?usmely, the Bri.hlou?
which baa alreudy entertained 8amuel 0. ilubcock,
Mrs. Charles A. Dana aud Miaa Dnua, Hubert L. Cuitiug
and family, aud mauy other well knowa New Yorkers,
Witnui the past month or two. Tho poor hotels nl At
Pihnc Cuy hsve very much rciardod us growth, liven
now the Congress llall, where tho brokers stopped,
has messy, badly cooked loud, hard beds, no gas lu tho
rooms slid no bells. The Brighton makes lis own
Ssa?a uew lesture very much appreciated by those
who uavu beeu compelled to sen by the wrutebud
oaudlehgbi in ihe uiber hosteirlvs.
sajitakt asp otiikk attkactioxs.
Atlantic City difli rs iu ouu impoitao- point lrom
other seaside resorts, namely, that it is.ircquoutcd in
winter ss wed as in summer. Tho Urightou is opeu
all the year round and physicians lrom Puiladelphia
send a good many patients allliuled Willi lung diseases
and nervous prostraliou to Atlantis city. Kveu lrom
Nsw York quite a Dumber ol luvallds have been to Ihe
place during March, April and May. The air in Atlau
lic City sreius to ha Vo s splendid louic elleok The
Atiauuo Cny people claim that tho almuspberu is
dryer ihsu lu Cape May er oiuer places aud that It Is
more invigorating than at any other seaside resort iu
the oouuirv. Perhaps ibesu claims arc extravagant,
but it is cert-tin that oven alter one day's stay most oi
the New York bankers looked brighter and iresher.
Kor tithes helore we corns lu Atlautic Cuy wu cau
already tubals lii wouuerlully invigorating brecios.
The place, however, ues UtUe to eomiueud It but the
see, with Its uunooniiluais el bsthiug, ol sailing,
which Is very goon; tUhiug, which is uaiy fair and
lis uiorioiis air. iieioi vuiy much snrroeuded by tbu
water ol the llilel the laud uaca ol ins town It au arid
waste, there are uo line drives, eioept that along
the beach, and there is uoae ol ihu dellgutlul larmiug
sou any iu the immediate uetghhorli-ed which makes
driving out ol Long tirauon er Newport so attr?c-ive.
The plan it walk extenuing eu the beech lor a mile
? ad a bail 1a lite great promenade summer eeeumgs,
wbeo it ta iilarally buck witb people. lue streets lu
Atlantic City are all "avenues. ?' ihose runuiug ibe
leugtb ol lb# Iowa ure named alter oceaur. Tuere la
a I'acillc avenac, Atiautie avenue, Arilic avenue,
Halite uveuuo aud UrUuiai uVtL.ua? aitbeugu II would
puaaia ii?d lb# beat Atlantic City geugrapbur io|>o.nt
oni an "Orieotal" ooa.iu. I ua croa# Htreeta are alio
called avenuea, aud are named alter tbe various
staua Kentucky coute? alter New York, and Micbi
gau immediately precede* Arkansas. iue eurl en
me Atlantic City beach w eery ligin, aud tbore la
uooe ui tbe danger lu bathing mat prevails at Long
Branch.
rim LiuHTuouaR,
One ol tbe great attritions a tbe Abtoeom Ilgbt
bouau, ol Wbicli Major Wold ta tbe keeper. It latuelbird
lu Uie country la tue beigbl ol tbe atruclurr, and tbe
TleW irobi It I# superb. Tbe Major's wiln i# him asaisi
aui, receiving the government aalary ol $400 per year.
?be reliuvea tier bdibaud every tbree or lour boura in
wutcnlug tbe llgbt, uud olteb givo* bun an ektra
bour'e aleep wbeu It la bia turu to uiuant the dome.
Ibe signal station, wlticb ta an uuusnaliy coin plot*
one, it ulao an object oi internet. Ibe now diversion
this aniumor will be tboeKatiug riuk opeueU last week,
vvbion will give tbe visitors an opportunity lu ludulge
Ui Ibe dellglillul paetiuieol roller sketlog. Now tbat
, lie Now York banker# have lelt tbe lowu bus
p Vttiupily subsided into ita usual quiet, and tne bolele
at v analu pretty empty. I'ue season proper does nut
aet sJu lolly beiore tbe lat ol July.
TBI BETVKH TBIP TO MBV YORK.
TL * rBlurn trip ol the bankers to Now York yester
day morntog was aoonmpllabed in Ibraa boure aud a
Bail, Uie average speed of tbe special trains wbicli
coov. tpod ttiena being nearly fifty iniiea per bour. A
sped 4 train el tbe Camden and Atlantic (tarled from
Atieoi e* City at ball peel seven and brongbl lb cm io
Caiudt at by nine o'clock, and tba fonoaylvaoia Kail.
war la a quick ran of aa hoar and flfly-Bra aaIonian
to Sew York. Ou lha way naiaaroua elaborate com
plimentary resolutions ami speeches warn eycLauged
between lha railway olttciule, who bail grunted Iran
transportation, and lha bankers, who had accepted it.
BAILKOAD TJiOUBLES.
appkxhimsionb fob thb ?r. locu. alto*
AMP T1KBR HAUTK BOAD.
Ton pears ago lha St. Lou la, Alton and Torra Hauta
Railroad wan loused on a niuMy-ntue yair lm.se lo tbo
Indianapolis and 81. Louts Railroad. Tbo condlilona
wuro that lha laaaee aboulil pay iblriy par oaol ol lha
groaa aaruiuca up 10 $2,0X1,000, bat in no ooa year
should the nal rantal be less ihau $450,000 la ordar
to guarantee this net rental ol $450,000 three roucli
a me red Into a coulruct to ba guarantors. These roada
were the Imnauapoiia, Cmciunutl and Lafayette; tbo
Plttaburg, Port Wayuo and Cbieago, and the Clare
land, Columbus, Cincinnati aud Indianapolis. Hardly
had the contract bean contaminated than the Indian'
spoils, Cincinnati and Lalayetls withdraw irom It,
and during the last nine.v ears every deficiency between
the net earnings of tbe road received has bcou wade
upbyibe Pittsburg, Fort Wayne end Chicago, and
tbe Cleveland, Columbus, Ciuciunati aud ludienupolis
railroads; that is lo say, lusiead ol taking oue-lblrd
apiece, tney hare been taking oue-Uu!f each, i'ho net
earnings have been gradually decreasing lor the Inst
three or lour yours, sud by the report ol 1870, tbere
was s deliciency to bo wade up ot $241,000, the net
earnings to the iiiuniuapolte nod St. Louis Railroad
being only $209,000. Last year matters were still
worse, aud although no Ogures could ho obtained, it
is stuted that the doilcicucy lo be made up lor tbat
lime will amount to $300,000. It has been customary
to make up tills dellciency by the guarantors giving
notes to the St. Louis, Atluu and Torre Haute Ruilroad.
1 hese notes for buck deficiencies were given every
three months until tho last two yearn, since which
lima they have been given every two months.
will ray go souk.
Two notes (lor what umouui me officials doclinelo
Stale) will fall due on July 3, and ihe makers (the
guarantors) bavo given nouooio tbo St. Luuis, Alton
una Torre Haute Hatlroua that they will not pay them
unices tbo terms ol the orlgin.il contract are modi
fied. It is uot exactly aluled ?bat terms these roads
woulu be willing to lake, hut it is conjectured by tbo
authorities here mat tbey would .<e satisfied to revise
the ieaso ou a bisis ol $300,000 annual rental, and
drop out the ludi.'inapoi.a, Ciuciuuali aud Lafayette
Railroad, Which aia supposed lo have lakcu ouc
thlrd ol ihu responsibility.
The ellleiuls ol the St. Louis, Alton and Terro
liaute suy that unless uu suiicubiu selllement Ouii be
wade they propose to test tho m ilter ih tho courts.
All parties are thus ur lncodiy, nut no offers of com
promise nave yet Uceu put lorwara.
SOT SONSY JlNOUUH
II this case was biougut Lo u auit, and the courts
should decide tuul $300,U00 Is all tue rental tuoso
roads are obliged lo oay, mere would hot, it L suid,
accordiug to the subjoined tuhlu, he sufficient money
in tbo bauds ol the St. Louis, Allou aud 1'erre Haute
Road lo pay the intorest ou tue income bonds.
The uuuual charges ou ihe 61. Louis, AUou
aud Terre Haute Urst mortgage bouds
amouut to $154,000
Ou ihe sinking lunJ 25.000
On the second mortgage oo.ids 198,000
On the incomo bouds lib,wo
On the equipment bouds 30,000
Total $624,000
Their income has been $450,000 received as reutml
Iroiu the tuaiu Hue. Resides tuts they uwu tue Uollo
vllle hruuoh, whiou tbey operate iheinselvos, and have
also leased Ihe Relleville aud houtheru Illinois. The
net receipts ol ihe reads is $130,000. Tuts makes tbe
lull receipts $530,000. The tlxed charges being only
$524,000, u balsuce exists ol $60,000 in furor ol the
roan. Last year tboy hud some construction calls to
pay and the actual bululico was $47,000.
II tue unuual rental is reduced to $300,000 tbe
road, it is claimed, cannot pay inoro ttiau the interest
ou tne second mortgage bonds.
lu view al the above mots tbe income bonds lell
down yesterday to iony-Uve (a heavy decline) and the
atooud mortgage bouds declined two per cent.
CONSOLING TO HONUIIOLUKKS.
It was also rumored ihrougn tne Third National
Rank that haniuel J Tildeu aud tbe estate ol Hubert
liayurd, lute prcsideut ol ihe hi. Louis, Alton aud
Terro Huuiu Railroad, were selling very heavily.
William Hay arc Lulling, woo is now presideut, was
yesterday consoling the second morigagc bonJbo.ders
and aesuriug thorn that While the prtoe ol their bonds
may be ullueied in tbe market H tbe rental is re
duced to $300,U00, still it will not nurt ibuin, bat the
lo.s will lull on the holders ot tbe lucotne and equip
ment bonds.
RETJEEML.NT OF A PRESIDENT.
llr. Audrow H. Culver, President of the Prospect
Park and Coney Island Railroad Company, is about to
retire Irorn tust poaitioii, and oilers liia ounlroliiug in
terest in the road lor vale at uuoiic auction in this city
011 the With iuse Mr. Culver says ihu ho retires
purely iroiu personal reasons, his health being broken.
THE WEST END HALLWAY.
Chancellor Runyon yesterday heard argnmont at
his Chambers in Newark In the mutter ot the Injunc
tion rueontly obtained by the Long firancn Corpora
tion Commissioners against tbo West Knd Railway
Company, prohibiting the company Irom carrying
their line through Second struct ol that place.
Howell 3. J ones and others appeared tor the railroad
cmnpauy, anu ux Attorney Uuuorai Vanultu and Mr.
Vroaenborg, oi Monmouth couuty, lor tue commissi on
ers. The argumoul was not coooiuded and the Chan
cellor directed that a lurihor hearing in the case he
had on Thursday nest. He also ordered a modllica
tion ol the injunction, so thut In the meuiiume the
company might go ou and condemn land and acquire
title thereto at theirowu porn.
ANOTHEit PUBLIC MABKET.
WHAT THE CITX MAX DO WITH THE "JOUT
UASHLVi ORT PROPERTY"?A HEAVY CLAIM
COMPltoMlHED.
A petition una been presented to the Board ol Alder
mon Irom a number ol property owuere end resldeota
ol the Ninth, Fifteenth and Mixtoentb wards request
ing thut tbe ground bounded by Oansovoort, Little
West'Twelfth, Washington and West street*, known
as part ol tna '-Port Oansovoort property," he set
apart as a depot for larmers' wagons lor lbs sale ol
garden produce by market gardeners. The petition
atutee that "tbe market gardeners have at preseut no
Oxed or permanent aland and their locations are oou
liuually ohsuging, to Uio grout dotriiiiehl ol their busi
ness." It la couteoded that this plaoe would prove
an eligible site lor such a market, no revenue being
derived from tbe property by the oily at preaem, aud
that "the narrow, orowdoi streets In tba lower part ol
tbe oily will be greatly relieved, ae under the present
system ol stationing tnete wagons lo tna viuin'ty ol
tbu margots traffic sod travel in mo lower part ol the
metropolis are greeny obstructed. "
A CITY CLAIM AK1I ITS IMBTOUT.
According to records on Die In tbo Finance Depart
ment the following is a history 01 u certain claim by
tbe city growing out ol a lease gieea for those prem
ises:?
In HMJtt the city leased the properly lo tbo Bleockor
Struct uud Fulton Ferrr Railroad Company (or s term
ol dlteeo year a at $6 030 por annum aud taxes. I he
coinpsoy lulled iu IN7I, uud weul into the bund*
ol a receiver, wbo leaaou the road lo the 1'weniy-tbird
Stiecl Railroad Company at u rental of one and a naif
per cent ou $900,000 ol nock held by the stockholders
or $18,500 a year. At tho lime 01 the failure tho com
pany owed me city 175,000 lor rent and laxve, und tbe
city alao bad u adit pending lor six years' car liceu -.es,
amounting to $17,600. The company ulalined otleeta
to the am um ol over $75,000 lor damages sustained
lu relaying tracks on Klevoutli avenue, occasioned by
tbe city bui.dlug a aower uud lor value ol buildings
eractod ou tbo property by tbe company.
Aa Oder was recently made by tun Twenty-third
tttraoi Ituilrou.l Company to usnoel the lease runmug
until lMol, givu up the property and pay $17,600 a* a
compromise ol the city's claims against tue ttleesktr
street Railroad. Ihe Corporation Counsel advised
Comptroller Kelly that tba twenty-third Street Hall
road Company was uol liable lor aoy debts of the
Bloecker Sir. at Railroad, aud that, in tba event ol a
judgment being obtained by tba eily, It oould only be
collected Irom the pereeotago paid by tbe
Twenty-third .street Kultroad Company under
tbe lease to the atookbohtere ol tna Ulcecker street
road. A reoeiver would Ural have to be appointed,
aud evaa than there ratgbt be practlaal difficulties in
the way ol oolieetlag tho Judgment. Comptroller
Kelly, tnerelore, ou the 12th met. accepted me offer
ntaue by the Twooty-ibird street company as the neat
way to aattla a lentous law suit aau gut immediate
possession ol the property, Irnm winch s large r-ve
nue can be derived to tbe city by apply tug it to market
FEKICY FRANCHISES.
A strong sffort Is bslng made by tbs Union Ferry
Company to npsst tbs deoree recently grsniod by
Judge Vsu Vorst sotting aside as noli and sold tbe tan
rears' lease. Iron December 3, 1870, by ilia Corauns
stoners ol too biuktug Fund to tbs city ol tbs various
ferry franchise* under iba control ol tbs lorry com
pany. A motion was made yesterday belore Judge
Van Vorst, on behalf of lbs lorry company,
to have tbo oase reopened on the grui.no ol
newly (Uncovered evidence. In support of
tbe motion an tiflldaVtl wis submitted by
Mr. bbarles K. Miller salting lortb that at tbs time of
tne graining ol the lease tbe debt ol tbo city
amounted to $31,036,704 60, and tbe redemption fund
to $17,083,460 ol, aud that in Meroh, When the aoliou
em brought, tbe amount ol the city debt was
$31,043,604 36, and redampllon luud $38,107,061 30.
I ue Whole matter was summed up in tne general
allegation that at tbo time el the trial tbo amount
ol tbe city debt was about $30.01X1,000 and
Iba redemption tuod some $oo.0uo,uoa, It
was claiiuud that tbsee lasts were unknown at the
time ol the trial and are important wban taken in
oonneotion wltb the grounds upen which tbo doolalon
ol tbo Court was based.
tteorgo ilcknor Curtis claimed, on bobalt ot tbo
oily, tbat those faote wore immaterial and tnat tbey
CO.do novo bceu easily obtained beloro the trial by
apeciton ol tbs records in the Comptroller's office.
Judge Van Torsi took tbe papers, reserving bis de*
?MMi
THE DOGS DOOMED.
Opening of the Pound and the
Catchers' Season.
"LULU VAS HIS NAME."
Pathetic Appeal of a German Woman
to the Keeper.
Tha Dog Pound, at Uta foot of Sixteenth (treat, East
River, was Informally opened yesterday morning for
the seasoa, and up to the bour of closing, at two In
tli* alteruoon, received three unfortunate victims at
tbe bauds of two small boys and a man. Tbe two
small boys received toirty cents eacb, and started off
lor a formidable spree ou peanuts, cranberry pie and
Croton; but me man volunteered biadog gratuitously,
as It was tblrteou years old, nearly stone blind, good
for nothing and lie was glad to be rid of It He hoped
it would be effectually drowned and never be a
burden to blm any more. "They are three kl
yi's and ain't worth shucks," said John Mao
Mabon, tho keeper of the pouud. "This oue bore,"
be continued, pointing to tbe largest, whtob wus block
and eadaverous, "is a tramp; the other there," Indi
cating a little scrnbby, frightened specimen, "tries to
look like a Scotch terrier, and the third is s rcgulur
ki-yi that snooks around asti barrels and has no kind
of deceuey or sell-respect."
I.OOKI.NG VOIt HKK LULU.
While tbe keeper was talking au old German woman
entered end asked K her dug was found yet "Why,
this Is five times you have been here to-day," said the
keeper, with a look ot astouUbmcut.
' Yaw," replied the old woman, "end I'll cum vivty
tlfo dimes till I Dud iny dog,"
' Wnat kind ol an annual was he, madam?" askod a
bystander.
"Sne vss a nice little do;r, snust so high," measur
ing Willi her burnt a height ol ten Inches lrom (he
ground, "ills uume vas Lulu nut a locket on bis
nock and all white mil a lew red hairs between bis
eyes. He weigh two pounds voo ounce and vas made
a breaent to me vou year ago sbust nex Moo Yoar's
JJay."
"It was a ls<ly dog?"
"No, she vss s man dog, and Lulu was his name. No
mau can come in do house hut Luiu btio him in do leg
nut his calf. Ocli f (with a Deary sigh), dul dog Isb
wort |60 and I not Hod blm any mere."
She gave her name ca Miss Weber, and having been
permitted to look at tbe lust arrival since her prev
ious visits in the morning she departed with a trou
bled oouutenance, bat vowing to come again "viity
dimes."
waar tub dogs will boom kxow.
"Tbe dogs'll soon know this pound is open," re
marked MacMahon; "the boys'll let 'em Know. They
cau tell when they're beln' fetohed here. You ought
to see'em weak*u, just like that (dropping bla arms
and logs as If limp as a towal), wheu they got inside
this shaniy. They Jest cau toll like humans that
aomatbln' bad's agoiu' to happen, and tbey shiver !
like a fellow with tbe chills."
A man with a strong German accent and a blgb
color In his luea came to inquire about a dog he lost a
wook ago. MacMahon was explaining that even If a
parson idea tilled end claimed b.s due he would bare
to pay $3 poundago beiore be could take bin)
away. The German lloie ed end grew indignant.
"Vus id du you miuu t" bo cried. "1 pay* license
for iny dog und gome mans come and deal* do muzzle
ell biiu and brtngu bim bare, and 1 eaye 11 1 eeea my
dog I pay* uotblu' lor biin no more."
"Kl you bad your dog bere aud don't pay $3 lor-blm
be gooa into tbat cage,'' said Mac, pointing sternly to
tbe latai black trap lying in tbe anile uwalUng tin prey
oi dog fle?b.
"Veil, bow dn debll am I to ketcb tbn vallab vot
steal* my broborty and lore Ue muzzle oil my dog'*
bus*? Dot's ?ot I vaut to Know aud dot's vote do
inaddor mlt bebnetder," ezcitodly returned tbo
otbor.
"Well, look and soe of your purp Is bero and dou't
?blu eo mueb," tartly answered tbo koeper.
"No, do dog be don't be nnvwuores bere, because II
he va* he'd besr me and I'd bear mm," and tbe die
couaolate dog eoekur weut uwav disguutod.
TUK KOHLS UAND OF IHKi CATCI1KBS.
Fifteen dog oatcbcre were sworu In oeioro tbo Mayor
yosterday, aud received tbeir ebieldn ol German sil
ver, price |1 30, marked In tbe middle witb a dog's
bead and around tbe margin tbe words "l>og Cuicbar,"
along witb tbo number ot tbe dleiriot to wmcb eaeb is
assigned. Tbey only entered ou tneir Unites at iha
tune tne puuud was closed, so tbat no respectably
uumereus delegation ol dogs eoulj possibly be ex
pooled yesterday. the dog oaicbers are appointed by
ibo Mayor ou tbe recommendation oi Individual Al
dermen, and are supposed to be yoang men tbat "run
win da manbeen."
?They are all new men except three tble year," said
MeoMaiioo. "Most ol tbe leilowa last your were a
?dog gone' set ol thieves, and stole dogs right aud
Isit, muzsicd or not."
"Mow did tbey make out?"
"Well, 1 paid one of them $400 lor nlnvao weeks'
dog cuicbiug. You see it ain't like old times, wboa
anybody could bring a dug and got paid lor uim. No
body gets paia now but lbs regularly appointed dog
catchers, and oucU ol these has bis wngon end goes
scourlag around unitl be Oils It up. An uveruge lend is
buy dago, wblcb at thirty oeuteaaesd makes $16, and
that is a day's work. Tne biggost loads wise Irom
up iowu, wnere dogs are uot as well watcbeu as tb?y
i.re down town, i ben little boys sloal uogs and de
liver tbem at night to tbe calabers lor live or tea
cents s piece, and llisn tuny msso a good probt on
tbn Job.'*
WIIOLSSALS DOO DROWSl.NU.
"W hot was tue largest nnuber you evor drowned In
n day ?"
"?e drowned ona day last yaar T61 dogs Wn
druwa tbem twice a week, giviog loriy-elgbt hours
lor bla lile to each dog irotn tne time be oumcs in, ex
cept when wo gel over crowded, aod then 1 select
suob played" out ki-yis sa 1 know ami worth a cent
ana tbat nobody will oall lor, aud Just chuck 'cm into
lb#cage and Uave uoue with 'am."
sasTcn of tuk i-ocxd.
tbe pound le at tue extreme iud ol tbn ? treat, nt
tbo norm side end wtlbin u lew icet ol tbe rivor. It
in a solid Iramo building put up expressly lor tin pres
ent use* and opened lor tbe drat time July 3 ol last
year. It is about Q!iy loot long aod thirty wide, with
peus to accouimodule nearly twu hundred dogs,
ranged in lour rows down iha boor, home ol lbe*e
peus are Urgor iban the rest una intended lor tbo ac
commodation ol any unlortuuale r.uuiue ot suparior
blood aud dimensions, snob as a uiueltfl, bull dog or New
louudlauu ol cuaracter; out ibe great majority are lor
Uiougrels, ki-yis aud cuis ol low degree, lu the can
iro ol tbe nisle la a huge Iron c.igs three feet wide end
high uud ten loot long, there is u alining door iu the
top through wlitca tbe doga doomed to exocutiou by
luiuiereiou are thrust in, nod wbeu sixty or seventy are
got together in the e.ge .t is wbeelud out ou ibe dock,
luted by a strong clia.n sitacbeu toe derrick and slung
out over the river, loiowbicb it Is at once dumped
and allowed to reuiaio uudor tne surlace lor sevea or
eight miuuioa, at tba expiration ot wulcb lime every
dog iu tne cage lias surely bad nis day.
Tbuo tbo maa* ol drowned and dripping
bow-wows is bunlcd up und trauslcrrcd to
White, the contractor tor tbo city's offal. Tbe
koeper bus a spaelou* ulUoo witbio the bunding and
adjacent to tuo camuu prison, and bare In tbe season
be is Kept busy Iroui elgut in the niuruiug till two iu
lbs alterDuou receiving ounaigumente 01 city curs aod
acsweriug appocaln.us irum owners of lost oues.
Alter ibe pound Is oloeed tbe lumstoa are treated to a
maul ol eitbar most or cracker^ given to thorn in tin
dlsbe*.
neua in oknsbal.
Two mini* are g.veo tbeta dm lug their inoarccra
tiou, Ju?i enough to kmp tbim iroui eating away tin
woodwoih around them. ll abouid be staled that
to case a luau wbo Iim a Iicoum for bta dog
lo*ea it and tluda U in tbe pound tio can
reoover it without being eompanad to Day
fa by going beiore Mr. Hardy In iiio Maynr'a office
aud making an affidavit tb?t the dog la bla and abow
ing tua Uceu.e ntioald a dug t>? r??Uv a good speci
men, and tbr keeper proleaaea to be a Judge, be la not
summarily hurried away te eieoutioo alter the la pee
el lorty-eigbi boors, but la frequently taken tenner
care of lor aa long a period aa a week in hopea o( And
lug tne owner or ol diapoaing ol blm 10 aome dog
lauclar. Aa bikli aa |lu uavo olteoiinica beau glv, n
for tikaly lookiug oae?,aud the money la preeeutvd
10 go io tbe olty. Two policauan art ou duty
throughout tha uay and ona at night. II la a
sorrow inl duty lor tne polioo, who ere ao
teauerly aitacbid to dogi, au uiiaeumeut fuliy
reciprocated by tbe dogs themselves. It is a common
tbiog to obnervs a string of stray and boueelaes doga
at tne beam ol a patrolman ua no walk* bis beat in tbe
late and louely watcbea el lUa night wub tbeae and
Hie twinkling alara for Ul* only company. A dog
rkulaing in a doorway will eome iriikly out when lie
tatcuo* audit ol tbe iriendly form ol tbo pelieemaa,
aua uo old maid ever loved her tabby more tbaa he
doei tbeae forlorn four-leggod tr.imps. 1 be rounds
man alio baa his dog following, but be won't allow
tbe patrolman te bare bit ao. Wnan the lormer terna
the corner ol a nlgbi to see that the other la doing his
dutv tbera la fraquanily a acena, and tbo doga take
?Idea with wonderlul correctness ol mail act. Bet oo w
that tbo uog catchers are abroadacounng the city ulgbt
and morulug, and bound 10 bnva tbeir doga or pertab,
bow will the poor patrolman leal with tbeir dumb but
fbitblnl sompamuna ol tbe dark and draery ulgbte
tbreauoed wub destruction T
Tbe dog catchers must be wntchcd closely, aud tbe
law requirei that they must wear thalr shields con
spicuously la iront; otborwlae no dug is ma. Knob
license iur a dog la |4 and Ion tenia lor hie badge, and
11 Uie dog be not muiiied be oannot be allowed to rnn
tbreugb the aireeia,
Major Hart and assistants, of the permit bureau, at
tha Olty Hall, were busily angagad yesterday lu isaa
lag dog ilceuaaa. At tba olosiug ol tbe offloe 41 neV
licenses bad been created and U4 renewal#. Among
tbeae are 49 ffpits doga
r
THE EUGENE BRADY CLUB.
Tbcie iu qotte a delegation from tbe Kngeue
Brady Club lu eourt jrtueriUy. officer Ueuore mlro.
duced tbom m ttagene Brady, Cbrle Piuakett, Judaa
Cobon, Joaopb Lively, Jamoa Bennett and Job a
O'Brian, lia had bla attention ealiaa to tba rooms of
lbs organ nation. al No 12d Waal Forilotb a treat, ho
aald, by aoaoda o( boistaroas revelry, mingled wit*
ibo abrieka ol a vunu. Tbere ba louud Iba oiub
men engaged iu annoying a druokeu woman, while a
couple ol female visitors, Kaie Lewis and Km rue caw.
rauca by name, were loudly evincing their approbo.
tiuu. Tbe officer oallad for aielstauce and arreeled ilia
whole party. I o ibo House of tbe Good .Shepherd
Judge M urray sent tbe girls, and sueb of tbe Kugens
Brady Club as have uot paid a bid has will oouvana al
tbe Islam).
THE ANNEX DISASTER.
Tba Local Board ol 8L#am boat Inspectors has re.
oslvad tba atatomenia of Iho pilots of tb*
Brooklyn annox boat Juntas A. Stevena and
tba John Cooker aonoerntng tba raeanl col
ilalou wblch resulted In tba leae ol tho Sto>
veur. As Is usual tbe reports are vary ooatra*
dlctory. Wnliaui Black, pilot ol tbe Stevens, reports
lb..t tbe Coiker ran into und sunk bis boat on Satur.
day last, und John Hose, pilot of lbs Cooker, npcrla
Ibat tbe Stevens ran tuto bis cralt. Tba reaull ot tba
coiiUlon, bo says, wus insignificant, and tbe annex
boat proceeded dowu irofn Jewell's dock to Martin's
dock, wbsre s second collision occurred with another
boat, whicb caused ibe sinking ol tbe Stevens. Black
tpoaka ol only one acoident, and tba Inspectors are
at a loss to reconcile tba acoouuta.
DEATHS.
Aikkx.? Od Sabbath morning, Jnua IS, Jamkr Aikex,
in iltu 37iu year ol til* uge.
Fuuerai Irom the residence of bin parouu, Lie Weal
20ih st., Tuesday, at 12:30 P. M. ?
AMACn.? At Part*, oo tbe 18th May, 1878, EsTU.Lt
N-. wtl? ol Victor Arnsad aud daughter of tba laM
Joseph Boucbuud, ol An* York.
rfAKTii ? On Suturday, June 15, Chamlks Bartu, li^
bl* 66ib year.
Relative. and Irlauds are Invited to attend tba
luuerat, ou I nesday, at two P. M., Irom tbe Duteb
Ueiormed Church, Houston street.
Brxnbtt. ?On Sunday, June IS, Fraxklyx T. Bm
kktt, iii tile 53i year ol bis ?ge.
Hul iiv. a mil trut.ua are ru.peotlullv Invited to at
leuu ;lie luuerai, iruin Uis late residence, lrviugton,
N. Y., at ball-iiaet two P. M., Tuesday, Juuo 18.
Bkknktt.?Ou Munduy, June 17, Ricuauo Seaman
Bunnstt, aged 56 years, 10 months aud 28 uuys.
Tbe relatives aud frieuda ol tbe luinily are respeou
fully invited to ulteud tbe lunerul, irom bis late rest*
douce, 128 Uurou at., Greoupolui, UrooKiyn, E. O.,
tbls day (Tuesday), June 18, at two o'clock P. M.
BUK.V8,?Ou Mouaay, June 17, alter a abort lllueoa,
Bkiuoet, tbe bsiovea wife ot lnomas Burns, in tbn
30tn yeur ol bcr a?a
Tbe relatives aua mends ol tbe family are re*peg?
ful'y invited to attend tbo funeral, from ner late r?<
deuce. No. 154 Olb St., Jersey City, ou Weeuoaduy,
at one P. M , irom tbeuce to Calvary Cemetery,
Brbxton.?On .^ut|rday, Juuo 15, Kolamd H. Beix
tom, iu bis 31 si year.
Kolutives and Irisnds are Invited to attend the
funeral services at tbo Abyssinian Baptist CUurcu,
16t! Waverley place, at twelve o'clock Tuosdsy, Juuo 18.
IJBimiXA? Ou Sunday, June IS, alter a abort Illness,
Chaklss, lbs sou ol Jobn und Ellon Brunlng, aged 0
years.
Tue luuerai will take plane Tuesday, June 18, nt two
o'clock, I rout 201 Division si.
courmi.?Ou Monday, 17tb, Johx a Goopme, in tbo
SOtb year ol bis age.
Tbe relatives aud Irtsnda aro invited to attend tbe
luuerai ut bis late residence, Cooper's Hotel, Ridge
wood, I. I., on WoducAday, June 10, at two o'clock
P. M. Bush wick Railroad (rapid transit) passes tbn
door.
Chiab.?Suddenly, on Monday, June 17, Stbpuxia
L Duha.nuo. wife ol Cbarlos U Crear, aged 23 years,
5 nrjutbs and 16 duya.
Kolatives and iriunds are respectfully Invited to at
teud tbe luuerai, irom ber late residence, Nu. 459
West 51st st? on Wednesday, June 10, 1878, at ten
o'clock A. M.
Curtis ?At Ked Bank, N. J., on Juno 17, 1878,
Makuabmt ?., wile oi Henry U. Curtis.
Kciuiivca and lriends are invited to attend tbn
luneral, on Wednesday, Juue 10, at bab-paat two
o'clock P. M., Irom Trinity Cburcb, Bed Bank.
Down.?June 17, Nanny, toe beloved daughter ol
Micuitei and Haunab Down, aged 3 years, 2 montba
and 14 days.
Tbe reiativos and IrtoncU ol tba family are Invited
to atteod tbe luuerai, at tue residence oi ber parents.
No. 23 Barrow sl>, on Wednesday, June 19, at two
o'clock P. M.
Gallagher.?At 'fhrogg's Neck, Westchester, on
Moud?y, June 17, Oharlks Gallagher, aged 50years.
Tbe relatives and lriends ure luvaed to atleud tbn
luuomi, Irom ois resideuce, Tbrogg's Nock, on Wednes
day, Juuo 10, at twelvs o'clook.
Hskkick ? At Monroe, N. Y., Juue 15, Axsox Hub
kick, ol Patereoo, N. J., sonol tbe late Aosou Herrfck,
of New York city, and ono of tbe proprietors ot tbe
Paieison Guardian.
Funeral services on Tuesday. June 18, at balt-paat
three P. M. at 282 Broadway, Patcrsou, N. J. Car
riages will meet Erie trains leaving New York at 12 M.
and 1:45 P. M. at tbe Patereon depot. Iuterment at
Greenwood.
Jkknixus.?At Morrisontn, N. Y., June 17, 1878,
Bamubl H. jRxaixoa, in tbe 70in year ol bis age.
Funeral services at tbe First Congregational Cburcb,
165tb aud 166th sts , on
Washington a v.. between
Wrduoeduy, Juue 19, at two P. M.
Juugb ? Mart Judo*. widow ol Darby Judge, at
tbe rosidonce ol berduugbter, Mrs. Sarah Mabau, aged
86. native of Boyle, county ol Roscommon, Ireland.
Friends ure invited to attend tbo luneral Tuesday,
Juue 18, at two o'clook.
Belinoot (Nevada) and Bioomiogton (III.) papers
please copy.
Ksuok?At Greenpeint, Juno IT, Mary Am, wile
Edward Kehoc.
Kelauvea und lriends aro respeoUnlly invited to at
tend ber luneral. Irom her late residence, No. 811
Ecktord et., on Wednesday afternoon.
l.arrsuTu.?In this city. June 16, MnncaiA Euza
bkth swift, wileol Ezra N. Leff.rta, aged 32.
The relatives sod lriends ol ine lamily aro respect
fully invited to attend tbe luneral, irom ber late resi
dents, 812 Greenwich street, on Tnesday, nt one
O'clOCK.
I,kwis.?Ox Saturday evening, Juno 15, Charles O.
Lewis, son of Waltor O. and Harriot Lnwia, la bla 331
year.
Relative* and Irisude ar* Invited to attend the
funeral services at tbe Cburcb of tbe Boly Trinity,
corner ol Cilutou and Momague sis.. Brooklyn, on
Tuesday, 18tb Inst., at tbreo o'oloek P. M. Friends
will please ouiii flowers.
Veteran Asoooiatiox, Twhtt-tbiko Reqihext,
N G. S. N. Y., Bsooelyh, June 17, 1878.?The mem
bers or tnis association are requested to attend tbe
luneral of our lale ascoctate Charles O. Lewis, at lb*
Cburcb ol the Holy Trmuy, corner of Clinton and
Moutague sts., Brooklyn, On Tuosday, tbo 18th Inst.,
nt three o'clock P. M. C. H. STODDARD, President.
Lockwoou.? Monday, Juue 17, 1878, Mary Am, wile
of Milioo R. Lock wood, tu bar 28tu year.
Rsiutivea aud ir onus are invited to attend the fu
neral, from ber late residence, 816 South >i St..
Brooklyn, K. D., on Wednesday, lOto met., et twe
o'clock.
Loxo. ?On Sunday, June 16, 1878, Thomas a. Loxo,
tbe beiovsd son ol douu and Jaue Long, in tbe 13th
year el bis age. ,
I be luuoral will tek* pise* irom his lets residence,
1,402 Uruauway, ou Wednesday, tbe 19tb mat., at ball,
past one P. M. .
Macry?Hkxry J. MA<Mnr, suddenly, nt the Mew
York Hospital.
Noiioe ol luuerai In to-morrow's paper.
Mausavs.?Sunday evening, June 16, Eubabsts,
beloved wile ol Henry Magratb, aged 50 yours, lots ol
Caledon, county Tyrone, lrelaod.
Frienus aud acquaintances are respentfnily Invited
to attend the luuerai, irons ber late resldeoce, 424
Otu av., on tbia day (Tuesday), at two o'clook pr?
cisoly. Iuterment Calvary Cemutery.
Nksmlaue.?Oo Sunday, June 10, Gkorok W., eon of
J. H. H. aud Ebiabetb Meaetaga, aged 17 year* and 23
days.
Funeral services at tbe Mouse el hie parents, 406
Weal 44ib si., ou Tuesday, at two o'clock.
Pkay ?At ber residence, 835 Brtdgo st., Brooklyn,
on Monday morning, June 17, at ten mieutee peel
twelvo o'clock, Mrs. Ahxa Prat, widow ol tbo late
flsrauul Pray, In ibu 74th year ol ber age.
k uneral trom Rt. Jamas' Cathedral, Jay eC, Brook
lyn, Woduesduy morning, Juno 10, at bull-past led
o'clock. Relatives aud lriends are reepeetliMly la.
VltCd.
Qpmlmt.? On Sunday, Jan* 10, Mr* A**ib QCMH
lbt, daugbior ol Patrick Waiters, county dlito, Iro
laud.
Relatives and friends are respectfully invited to it>
tend iba loueral, Irom bar lata reeidenee, 411 Paafl
at., ou I uceday, at two o'olouk.
Sllgo papora plaaaa copy.
Rouwill.?In Brooklyn, Sunday morning, Jane 10,
1878, Khanck* Hall Hoowbul, rallot ot John It ud well,
ib tbo T7tb yaar of bar uga
Kuiativaa and Irtanda ara rea[tactfully In*1 tad la aU
land iba luoaral, Irom bar lata rcatdanca, So. 43 Oi
lord at., naar Para av., on Wadnaaday next, at twa
o'clock P. M.
Roma* ?Suddenly, on Saturday, Juno 13, Sanaa
A. ttoPLka, aged 20 yeara, 10 uoutba and 22 days.
Funarul from Iba raaldanoa of bar raotbar, Mr*
Janet Lulumla, ISO Kaat 04 Ut at., on Tuesday, J una It,
at ouo o'clock.
Roan ? On Monday, Juna 17, after a lingering U3
naae, jAMKa ltoaa, agaJ hi.
Relative* and irieDd* nra Invited to altaod tba
funeral, from bla lata raaldanoa, 340 2d ay., kliaabatu,
N. J., on Thursday, Juna 20, at tbraa P. M. Train*
from loot ol Liberty ai. at 1 ;30 P. M,
UvuKkc ?Mouday, Juna 17, Kaa* J., wilaol Charles
R. Kybark, and youngest daughter of Uaborah and
tba late Curila Marrtti, la bar 34th yaar.
Kalatiraa and frtaoda, also inauioari of Ark Lodge.
No. 28, 1. O. O P.; Ark Lodge, Nu 1, K. P., ara re
apaotiuliy Inyitad to atland bar funarai, Wounesday.
Juna 19, at hall-past two P. M.. Irom bar lata real,
dauoa, 71 Daan at., Brooklyn, rriaada plaaaa omit
Sowar*.
st*t*k8.?On Sunday, Juno 10, at Halifax Court
Houao, V*. LaiutiTon florwAB, youngtat cbtld of
Jobii H. uud buniy Hoffman Slovens, agod 3 years,
lutornjcnt at Greenwood.
BTuruiLtaoN.?On Saturday, Juna U, JMtea Sua.
raattua, in tba OOtb yaar ot bia age.
Keiativea and frlauda ara mritad to attond tba fu
naral, irom bla lata roaidoaaa, I'laintlald, N. J? o?
Tuesday, Juna 18, at alay?n u'aiock, A. M.
Winnt.?At Kaat Oranga, on Jona IT, 1378, Aa<i
SurnaHLAMD, aidaat daughtor el William li. and Catbe>
rioa M. Wane, ?nd granddaugbtor oi Mr a. Snaan P.
Leggall, in tbo 10th yaar of bar ago.
Funarai eeryloea on Wadnaudap, 10tb loot., at Ibreu
o'clock P. M., irom CbrkK Cbureb, ooraor 3to ay. ao<3
33th at.