The New York herald. [volume] (New York [N.Y.]) 1840-1920, July 10, 1879, Image 9

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The New York herald. [volume], July 10, 1879, Page 9, Image 9
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The New York herald. [volume] (New York [N.Y.]), 10 July 1879. Chronicling America: Historic American Newspapers. Lib. of Congress. <https://chroniclingamerica.loc.gov/lccn/sn83030313/1879-07-10/ed-1/seq-9/>

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I THE COURTS.
Whipped His Man, but Denies
He Robbed Him.
SQUARING T1IE ACCOUNT.
A Curious Legacy and Whimsical
Beneficiary.
Robert Lynch and Daniel Murray wore indicted
for robbery in tho first degree in having, as alleged,
robbed Herman Von Feldu of a watch and chain on
the evening of the 29th of June last, in front of No
Cll Grand street, where Von Felde was a barkeeper
Mr. William F. Kintzing, in the General Session*
yesterday, before Judge Cowing, appeared for Lyhch
and dewauded a aeparate trial. Lynch is a painter
and a poor man. His aged mother sat at his side,
trembling for fear evidently that her son would be
convicted of the offence charged and sent to State
Prison. The complainant testified that he was attacked
by Lynch and Murray, and that one of them
seized hia watch and chain and ran away with them,
j Mr. Kintzing desired to test the truthfulness of Von
Felde, and asked him whether ho had ever been a
conductor on a street car. To this the witness
answered with an emphatic "No," and added that he
was never connected as a conductor with tho Third
avenue line. George Marrett, one of tho spectators
in the court room, created a sensation
by sending a oard to Mr. Kintzing. Mr. Marrett was
soon called as a witness. He testified that he was a
street car conductor, and had worked with Von
Felde, who was a conductor on the Grand street line
in April, 1878, and on the Third avenue cars in December
of that year aud in January of this year.
Mr. Kintzing called the jury's attention to the fact
that the complainant was not entitled to belief.
Counsel proceeded to show that the prisoner aud
his companion were passing along Grand street and
were grossly insulted by tne complainant. Counsel
! admitted that tho prisoners gave Von Felde a good
thrashing, but denied that they robbed or attempted
to rob him. In the court room yesterday the prisoner
Lynch and Von Felde found that they had exI
changed hats in the scuttle, and they each scoured
their own. The exchanging of the hats created much
merriment. The complainant having been detected
in a misstatement desired to make an explanation,
and claimed to have misunderstood the
question put to him by the prisoners' counsel.
The jury smiled ut the explanation, remembering
the emphasis wiih which tho complainant
denied that lie had formerly been in the employ of
the Third Avenue ltailroad ami that ho was discharged.
Mr. Kintzing argued that tho prisoner
was guilty only of a simple assault and battery and
that it was probablo that the complainant robbed
niniseir. Assistant District Attorney Dyons usaou
lor a verdict ol robbery In tUo first degree, arguing
that the tight wan but a sham for the accomplishincut
of the robbery. Judge Cowing declared.the
law and impartially reviewed the facts. The jury
retired to deliberate at two o'clock, returning at four
o'clock and declaring their inability to agree, whereupon
Judge Cowing discharged them from further
consideration of the case. Mr. Kintziug said that
the prisoner was willing now, as he was before being
tried, to plead guilty to a simple assault and battery.
Judge Cowing aaid that bo thought well of
the offer of counsel, especially us the jury had disagreed
upon the question ot the guilt ot the prisoner
of robbery in the iirst degree. Assistant District
Attorney Lyons not being in court the Judge
declined to accept the plea until Mr. Lyons waa
present, ana remanded the prisoner. The jury, it
was understood, stood eight tor assault and battery
and four for robbery.
RAILIIOAD LITIGATION.
A decision was yesterday given by Judge Van
Brunt in the suit of the Union Trust Company and
others against Francis Skiddy, tried before him In
Supreme Court, Special Term. In 1874 the Missouri,
Kansas and Texas Railway Company, having become
financially embarrassed, an agteement was entered
Into on April 27, of that year, between the company,
reditors, stockholder? and bondholders, in which
August Belmont, John Pierpont and Lewis H. Meyer
were appointed trustees to supervise the expenditures
of the road and to receive and apply
its net earnings toward- payment of interest
on the mortgage and other liabilities. The
Laud Grant Railway and Trust Company, which hold
a majority or the railway stock and its creditor to
the extent of more thun one-half of the entire filiating
debt, was one of the parties to this agreement.
Larly in December, 1874, the three trustees and the
officers or the railroad company of which Mr. Skiddy
was a director had a controversy as to their respective
rights under the agreement, which had the
effect to suspend its practical operation. During
that mouth the officers of the road in this city received
$07,600 of the net earnings of the company,
which sum was paid to Mr. Skiddy, president
of the Land Uraut and Trus't Company,
Out of this sum Mr. Skiddy paid $41,218 15 to various
creditors of the railway company, aud applied
the balauce on account of indebtedness of the railway
company to the Laud Uraut Company, and then
took it himself on a debt owing by the latter company
to him, William Bowu, on the 3oth of December,
was appointed a receiver of the railway
company. A new agreement was entered into in
March, 1870, between the cotupauy and its credltoi-|,
In which the Union Trust Company became trustee.
It. uriiu utintiliktfwl that fha fiiiriwtnAiit nf 1M74. wua
thereby rescinded, and that under It the trustees
should surrender to tho Union Trust Company
all money and coupons in their possession. Tlio
present action was brought against Mr. Skiddy to
recover lrom him the amount appropriated by him
to cover an indebtedness to him of the Land Uraut
Company. Judge Van Brunt dismissed the complaiut.
lie holds that as the agreement of 187B contained
no reservation whatever of uuy rights which
ixlsled under the agreement 01 1874, the cancellation
or the latter was absolute; aud that, therefore, as loug
as the agreement of l?7tl stands the plaintiffs can
maintain no action by virtue of any rights conferred
by the agreement of 1874.
CURIOUS PROVISION IN A WILL.
In February, 1878, Ernest L. MoCrscken died,
giving by his will, which was executed three years
earlier, $32,U00 in trust"to his executors to pay the
Income to the Society for the lielief ot tho Destitute
Blind of the City of New York, lu West Fourteenth
street, "so long ss that Institution shall maintain
and care for William Uordou, now an inmate ot that
tnstltution, and in case ho should be so cared for and
maintained during the balance of his lifo, then in
trust to pay the principal sum to said Institution.
In cass aaid sccioty shall cease to exist or to maintain
an institution suitable tor the cure of the blind
during the life oi Willi..in Uurdon" he gave directions
that tho iucoine bo paid to any other society
"that will maintain and care tor said Uordou,
and which he may select, anil to pay the principal
to auch society as shall at the death ot said Uordou
be supporting and maintaining him." When the
will was drawn Uordou was an inmate of tho institution
uumed in the will, but was expelled lu October,
ls77, tor refusing to comply with sonic ot its
rules. Hiuce then Uordou Ush never been su iuiuatu
of tbe Institution, and refuses to beeomu one. Alter
becoming acquainted lu August last with the couteuts
of ihu will Uordou selected 8t. Joseph's Home
as the society to take care ot liim, and ue bus ever
since been an inmate of iliat liist'tution without
comoensation. In Mav. 1878. the will was admitted
to probate, anil In May lust tho institution lu
which Oordeu wan orlgtuiUly placed, having learned
ot the will informed Uordou that they wore ready
tml willing to take rare ot htui In that institution during
bin lite iu conformity to the requirement!) of the
Will or lu any other Institution he might select, lu
a suit brought tor a construction of tuia portion of
the will Judge Van llrunt holds that it was only upon
the happening of the contingency named in the will
that Uordotr had the right to select auy other aociuty
than thu one named by the testator to tuke cure of
blm. The question whether thu legacy had lapsed
. because at the death ot the teututor liordon wus not
being takuu cure of by tlio institute uumed iu thu
Will he says is a more diJIlcaU one. but ducldes that
the legacy hail not lapsed, aud that the rctueal of
Uordou to be maintained by that luatltutlou cannot
be held to be a breach ot the condition named in tlio
Will. He turthcr holds that iu thu evcut ot thu
dev se failing the $:i'i,000 becomes a portiou of thu
teataior'u residuary estate.
THE COOi'Ell DIVOliCE SUIT.
After soveral weeks consideration Judge Luwronco
yesterday gave bis decision on iliu motion mado before
htm lu .Supreme Court, Chambers, to confirm
the report of ex-Judge Harbour, thu rotereu up*
pointed to take the testimony, upon tho charge that
thu decree of divorce obtained by Mrs. Kuth Cooper
against her husband, Isaac P. Cooper, beariug date
April 10, 1*7.1, was obtained by collusion. As will bo
remembered Mrs. Cooper brought suit aguiiist
the executors of thu lato John F. Marshall,
tuu well kuowii stage proprietor,
to rcc-ovor Uer right of dower In the large estate lie
lett at his decease, claiming to have been his widow,
having, as slie alleged, been married to him after
her uivorcu front Mr. Cooper. Wlillc this aheged
luari-iagu wus denied tno strongest point iu thu defence
was that ilie divorce iroiu Mr. Cooper was
obtaiued through fraud aud collusion. Kx-Judge
liarbour held that thu teatiiuouy luhy substantiated
this deiem e, and in bia report, tho substance of
Which was published at the time, so declared,
lu his opinion Judge Istwrutice says that an examination
ot the voluminous evidence In the case
aatisttcs him that tho eonoliiaioiia reached by the
.ftueree are correct, aud that his report should be"
ennnnnod. "As to tho ouliusivo character," says
,. ? i i 'M ti>? eeMi ?t> of his op iilef, "cf Ilia
k
ft
NEW YO
Judgment of divorce entered herein, bearing (late April
10, 1N75, it in, I think, Impossible for any impartial
person to entertain a doubt." Ue says that after examining
the exceptions to the rulings of the referee
he does not find that the latter has committed any
error that would juatiiy him hi sending back the
report. "On all the facta," he aaya in coucluaiou,
"1 am of the opinion that the referee has made a
just and correct judgment ill regard to thia case, and
1 am of the opinion therefore that the motion made
upon and with regard to hia report should be granted
with costs."
EX-CHIEF ENGINEER CAMPBELL.
John C. Campbell, late chief engineer of the Department
ot Public Works, who was discharged by
Commissioner Campbell for alleged want of skill In
supervising the construction of tho Forty-second
street tunnel, brought an action In the Supreme
Court by writ of certiorari with a view to his reinstatement.
Judge Lawrence, before whom the case
came for a hearing, gave his decision yesterday, dismissing
the writ, lie says that the relator cannot
now claim that the want of care charged was not in
relation to work that he was bound legally to execute
or supervise, he haviug assuinbd the responsibility
of such supervision. "If." says Judge Lawrence,
"the charge made was true in point of fact there was
certainly evidence to show a want of professional
skill aud care on the part of the relator In regard to ;
matters over which, as chief engineer, he had as;
sumed control and supervision. Such want of skill
' and care constituted cause for removal, und the Commissioner
having decided that the charge was true I
cannot assume to review his decision as a matter of
> fact. Whether the Court upon the same facta
would have reached the same conclusion is not the
question. There being evidence in support of the
charge, and the proper officer having found it to bo
true, the Court cannot iuterfore. The writ must be
dismissed."
SAMUEL WOOD'S ESTATE.
In December, 1808, Abraham Wood died, leaving a
life eatate in certain property which ho owned with
Samuel Wood to the latter, with a reversion to Samuel
A. Wood. In March, 1878, Samuel Wood died, leaving
the taxes on the property for three years prevt
ous unpaid. Au action was brought iu the Supreme
1 Court, Special Term, by Samuel A. Wood against
the executors of Samuel Wood, asking a sale
| of so mucb of one-lialf of the reul estate
in question as might be necessary to pay the arre trs
i in tuxes. Judge Van Brunt, before whom the easo
! wus brought, gave his decision yesterday. "Samtiul
j Wood, in his lifetime," he says, "should have paid
! these taxes, and when the estate descended the remaining
man should huvo bcon enabled to take his
1 title front the lien thereor, and it is no hardship that
he should be allowed us speedily us possible to remove
this cloud from his title. The plaintiff Is entitled
to a judgment of sale us demanded in the complaint."
DIVORCE GRANTED.
Judge Donohue, in Supreme Court, Chambers, yesterday
heard the case of Frederick Schoell against
his wife Caroline for divorce, kles.-rs. Howe &
Hummel, the attorneys for the husband, applied for
a decree dissolving the marriugo and stated that the |
plaintiff and the defendant were married on the 10th
of June, 1875, and that for two years lived happily
together in this city, after which difficulties which
are usual in vory inauy families sprang up and the .
pair separated. After the separation Solioell received i
information wliieli satisfied him that his wile was ,
untrue to him. and he thereupon requested his i
brother, who by the way is a member of the "flriest J
police iu the world," to assist him In watching his |
wife. The brother's eflorts, as he says, were soon
crowned with success. The latter testifies that '
on the 4th of July. 1878, he passed the ;
house in which Mrs. Schocll resided una saw .
her and a strange mun at the window. The watch j
was kept up until the brother encountered the \
strange man and inquired of him the cause of hia
presence in tho room ot his sister-in-law. The man '
admitted that he had been criminally intimate with
Mrs. Schoell, but insisted that thu defendant had
represented herself to him as a single woman. Upon
tills statu of tacts Messrs. Howe & Hummel, on
behalf of Mr. Schoell, asked tor a divorce. The case
had been sent to Mr. Edward D. dale to hear tho
testimony, aud his report being in accordance with
the facts as related Judge Donohuc, after hearing
Nathan S. Levy for the defendant, granted Mr.
Schoell an absolute divorce, permitting him again to
marry, but forbidding the defendant from marrying
| until the death of the plaintiff.
DAVENPORT INVESTIGATION.
The investigation before United States Co mm is.
aioner Lyman of the charges against Joliu I. Daveni
port as Commissioner and Chief Supervisor of Elections
was roHumcd yesterday. At the opening of
tho session Commissioner Lyman rendorod a decision
admitting in evidence tho correspondence between
Attoruoy General Devens. district Attorney
Woodford and Mr. Davenport, which was offered at
, the last hearing.? Tho examination of Mr. Davenport
was then contiuuud by Colonel W iugato on thu part
of the prosecution, but no new testimony was
elicited. At the suggestion ot George llliss, who appeared
as counsel tor Mr. Davenport, tho cross-examination
was waived until such time as Mr. Davenport
shall go on thu stand iu his own behalf. Tho
in vestigation was then adjourned until Wedneaday,
July 10.
THE PHILLIPS DIVORCE SUIT.
In the report published yesterday of the proceed- I
lugs before Judge Potter on the application on behalf
tif Mrs. Caroline Phillips for alimony and
counsel feu pending tho trial of the stilt against her ,
for divorce on the cliargo of adultery brought by
her husband. Dr. Henry J. Phillips, surgeon iu the
United States Army, a statement was inadvertently
made that the Doctor was charged by his wife with
; once drawing a pistol and threatening her life. Tho 1
allegation is precisely the reverse, tho Doctor, on
the contrary, charging that ahe on one occasion
attempted to shoot him with a revolver.
SUMMARY OF LAW CASES.
Thomas G. Norris, of Morrisauia, was brought befftro
United .Slates Commissioner Shields yesterday
charged with having 300 unstamped cigars in his
possession. He was held in $300 bail for exam tuition.
Discharges in bankruptcy were granted yesterday
in the Uutted States District Court to William ft.
Hawks, General Frederick Vilntar, Samuel Lynch,
C. W. Harris, M. E. De.vo, K. Hoyt, J. McGrath, Jr.; I
j H. Behrtng aud J. Stiuer.
I 0/\TTl)T P*1 PVttlUU TUT? Ttl V I
V_/ VJ A* A AiiAM JLSrx. x
Supreme Court?Chambers?Held by Judge Potto-.?
Noh. 28. art. 33. 77, ui, tia. 114. 147. ir.o, 1b2.
154. 158. 1?U, 171, 178, 181, 182, lMV, 1D0, 192, 1?8, |
1VMJ. 203, 204 , 200. Special calendar of assessment
cases will also be cal.ed.
Supreme Couur?Special Term.?Adjourned nntil
September 1.
supreme COURT?special TERM?Held by Judge
Douoliuo.?Court opens at Ralf-past ten o'clock.?No
day calendar.
supreme Court?Circuit?Part 1.?Adjourned
tine die. l'arl 2.? Adjourned for the term. Part 3.?
Adjuurned tmr the.
Superior Court?General Term.?Adjourned line
die.
Superior Court?Special Term?Held by Judge
Freediuun.?No day calendar.
Superior Court?Trial Terms?Parts 1, 2und 3.?
Adjourned for Ilie term.
Common Pleas?General Term.?Adjourned until
July 15.
Common Pleas?Equity Term.?Adjourned for the
term.
Common. Plkar?special Term?Held by Judge
Larreinore.?No day calendar.
common Pleas?Trial Terms?Parts lands.?Ad- ,
jourucd for Hie term. ,
Marine Court?Trial Terms?Parts 1, 2 and 3.? 1
! Adjourned lor the term.
Court op General Sessions?Part 1?Held by
Judge Cowing.?The People vs. Michael SbaughReasy,
homicide; Same vs. George uutltr, robbery; ,
name vs. ucmiiuca i,atone, nomtciuc; name vs. ,
Timothy Wiseman, robbery; Same vh. Jacob Gnuthcr,
felonious assault aud buttery ; sumu vx. John
Mackoy, burglary: Same vx. Henry Walters, burglary
i Same VX. John Kichter, grand larceny: Same
vx. Juincx ( lurk, grand lurcouyj Same vx. Herman
Matcrue, grand larceny; Same vx. Thoiuaa Mullen,
larceny front the person; Same vx. Frank ltndolpli,
forgery; Santo vx. llattte Sherwood, disorderly
house; Same vx. Annie Sturges and Catharine ltosxalniau,
disorderly house; Same vs. Kobert L.
Klein, grand larceny.
T11Y1NU TO DEFEAT JUSTICE.
Ax the day xot down for the trial of Olllcor Joseph
Hall, of the Filth proelnct, on a charge of reloulous
assault on the wife and son of Chr'.xtolTor Schmidt,
of No. 9 buttery place, approaches, efforts are being
niado to have tlio whole matter quashed. . Mr. 1
Scmuldt xayx that he la constantly visited by the
friends of the man, who alternately threaten
and plead for him. Finding that the former
plun did not work, and only made matters
worse, ' they have worked on tlio sympathies
of tlio outraged household of the
Herman. Hall himself vlxtted Mr. Schmidt ami
eudeavored 10 have tiie charge withdrawn. Finally
lie rexciuded the story oi defence ax published iu the
liF.HALb three days after the assault. Mr. Schmidt
xayx that he admitted having committed the*
or I mo with which lie la charged, and told the
husband of h x victim that he had done enough
to send himself to State prison. He could
not account lor it, and declared that ho must have
been crusy. Then, finding that Schmidt wax inexorable.
he brought h x wife down to plead for
him. The loriucr, however, Rays that the character
of the assault and its biutulity are too gross to allow
of his uroppiug the matter, tine of the arguments
used to influence Mr. Schmidt from his duty In
prosecuting the Fifth precltiej officer is the taci that
he wax put ou the force by ex-Mayor Oattcy Hail. A
Mr. it ALU reporter visited tiie Filth precinct yesterday
ami learned lliut despite the grave charge pre- '
ferred against Hall he waa still on duty and went on
the Worth street patrol last night ut six o'clock,
f b'aptatu Aiken has taken no steps to auspeud the j
olhc.t uutll trial. So ball was asked, and tha unl- I
form" 1 officer N n'!"'vrr1 l i n nf 1-rre
RK HERALD, THURSDAY
DESPERATE CRACKSMEN.
MB. BltYANT'8 THBILMXO ADVENTURE WITH
TWO BUBGLABH IN HIS RESIDENCE AT HARLEM?WHAT
MIGHT HAVE BEEN A BEPETITION
OP THE HULL CASE?A STRUGGLE FOB
I.IVE.
The Attack upon Mr. George W. Bryant in liia own
house on Tuesday morning Is one of those cases
which, with a iittle difference in the minor circumstances,
might have terminated in much the same
manner as did the tre"jass of Chastiue.Cox iu the
residence of Mrs. June Be Forrest Hull. A Hkhai.d
reporter yesterduy saw Mr. Bryunt at his office, No.
3,(Ml Third avonue, and accompanied him to his residence,
No. 113 East 111th street. First a visit was
made to tho cellar, where the police had found a
number of boards or planks staiued with
the blood of tho wounded fugitive. The
bouse stands upon the north side of the
street, and In tho northwestern corner is
a water closet on the level of the rear yArd,
which is lower than that of the basement floor and
yet higher than that of tho cellar. There is only" one
door to this closet, and it opens into the yard. Diagonally
from Mr. Bryant's house and toward the
northwest lies a vacant plot of ground which is
separated from his yard by only one other, that
belonging to a neighbor. The same fence which
b< unds the rear of this plot bounds tho rear of the
house yards on 111th or 112th street. The burglars
got upon the fence, which is totally unguarded at
the top, and crawled or walked along it for a
distance of some thirty feet and thou dropped
upon Mr. Bryant's grass plot. Thoy then entered
the water closet. The wull which separates the
lower part of this apartment from the cellar is composed
of joists, lath and plaster. One of the burglars
had a jimmy, and with this ho quietly dug
away the plaster, wuilo the other watched for possible
interruptions. After the plaster had been removed
from a sufficient area the laths wore cut,
leaving a rectangular hole barely big enough to admit
tho passage of one ordinary man. The
depredators slipped through the wall into the cellar.
They mounted to the basement, entered the dining
room and laid hands upon the silverware which they
found upon tho bullet, piling it on the tublo and
turning uu the tublo cover so that it could havo
been used as a means of carrying it away.
They then went up to tho first floor and pried open
the door'betweeu the front parlor and tho hall, after
flist trying the one opening from the hock parlor.
Nothing was disturbed in either of these rooms excepting
the cover ot tho piano, which tlicy rolled
back. They next climbed the stairs which led to
the second story. Fortunately for Mr. Bryant tho
hull curpctB hud boon taken up, so that the least
noise made upon the floor wus audible. The burglars
pried open the door opening from a front bedroom
upon tuo second hall, and not succeeding in
forcing the sliding one between that and the roar bedroom
in which Mr. Bryant slept they had returned to
the null. All the rooms through which they had passed
bad been locked by Mr. Bryant before going to bed.
About tour o'clock in the morning be awoke, and
wuk leaning on hit) elbow in bed, listening tor some
Uiidi-liliable noise which he thought he had heard,
when hie eyes rested upon the door opening into
the hall. It was slowly, very slowly, opening. His
first thought wus that he had not locked it before
retiring, and that the wind, blowing through the
adjoining bathroom, was the cause of the movement.
A DESPERATE STRUGGLE.
An instant's reflection, however, impelled him to
spring trom his bed, and just us he laid his hand on
the knob of the door It swung open and he was
confronted by a couple burglars, one of whom
was standing behind the other in the hall. The
former, as soon as he saw Mr. Bryant, sat
down on the upper stair aud slid to the
bottom without stopping. The other one was turning
to leave wUcu Mr. Bryant seized him by the
collar and pushed hiui back against the hall wall.
Then, for the first time, lie discovered that the burglar
was armed with a piece of iron, "lie struck at
me fiercely," said Mr. Bryant, "and I only oscaped a
deadly blow by seizing bis wrist with my right
hand. The end of the iron hit me on the side of
tlie head, grazing my cneek and nose. Then he
changed it to his left hand and struck at me agaiu.
I caught hold of the iron this time, and the sharp
end ot it dug into my hand. My attention was all
this time divided between hiln aud the man who had
uiuuc uib escapu huu wiiubu ruturu x Luurcu, iuiuxiuk
that he would eomo to tlio sssis^nce ot tain companion.
My antagonist moved back two steps down
ttae stairway, dragging me attor him. I ttaeu had to
let him go or lie would have taken me with him bead
lirat, or perhaps he would have thrown me over his
head. 1 stepped buck into my room, picked up my
pistol and returned to the hall us qui kly as
possible. Looking down the side of the stairs l saw
a hand or arm resting on the basement banisters
and tired. The burglar uttered a conccutratod'Oh!'
and I rushed down to the back parlor windows, expecting
that he would try to escape through the
yard. Sure enough, there he stood, in the angle
made by the stoop and the wall, near the water
closet uoor. liy this time the neighbors were at
their windows, attracted by the noise. The man was
groaning lustily and ejaculated several times, 'Oh!
lam shot! I'm shot!' 1 could very easily have
killed him then, but the ludii s next door eutroated
luo not to shoot again. Yielding to them, I turned
my head to address a reply to Miss Taylor, when
the tellow, seizing the opportunity, sprang
through the halt open water closet dour.
Evur> body then thought he was secure,
uud Mr. lirown and Mr. Fountain, two
neighbors, went into the yard. 1 requested them to
opeu the door of the water closet. They hesitated,
and Mrs. Brown forbade her husband doing so on
penalty of tainting away if ho did. When 1 had got
down stairs ana opened the doorthe bird had flowu.
I then saw for the ilrst time that there was a hole
in the wuil. Both of the burglars had gone back
through the cellar and out the basement door. It
vras too late to overtake either of them, and when 1
reached the trout of the house some of tho neighbors
were shouting, 'There they got There they go!'
One ot them iuu toward Lexington avenue and the
other toward Third."
The police have found a piece of paper In which
tho jimmy had been wrapped, and upon which the
name "J. H. Funk" and the number "147" are
written. Mr. J. 11. Fuuk is a dry goods merchant
doing business on Broadway. Patrolman Bernard
C. Thompson, of the Twelfth precinct, who has been
given special charge of the ease by Captain Davis, bos
learned of a notorious character living iu Harlem
who is laid up with a wound in the arm, and he suspects
that this is tho burglar who was shot by Mr.
nryaut. The only property missing is two ailvcr
mugs.
A CITY MARSHAL'S FEAT.
HAVE ITALIAN FRUIT VENDERS NO RIGHTS THAT
A CITY MARSHAL IS BOUND TO RESPECT?
Michael Marie is an Italian fruit vendor, carrying
on uusiucHS on tho southwest coruor of West Fortytliird
afreet, where he rents a location for his stand
from a liquor duulcr named Cull', who represents his
tenant to be a quiet, industrious man. Marie obtained
the regular vender's permit lrotu Superintendent
D. H. ilart, on the tilth of June last, and
thought hiuiselt safe trom interference in carrying
ou his business, till ouc day last week a city marshal
appeared and ordered h.ni to remove his stand.
The Italian in his broken English, endeavored to
explain that his stand won within the stoop hue,
011 private property, auU' that lie was a regularly
licensed dealer, and, under these circumstances,
would decline to remove Ms lruit stand. (mi Kalur
duy the same city marshal appeared and served un
order iroui the bureau of Kncumbraucea ordering
the removal of the stand, the marshal stating that if
it had not disappeared by Monday he would remove
it himself. The Italian was puzzled to understand
these curious proceedings and applied to his laudlord.
Mr. Cuff, who furnished him with a letter to
Huperiliteuoent Hart cxplu uiug tiie tacts in the case
and asking his interference. Armed with this
letter Mario proceeded to the City Hail on
Tuesday morning to aeek un interview with
the .superintendent, leaving his wife to take charge
of the trim stand. Willie lie was absent the city
uiarshal, whose name could uot be ascertained, arrived
at the corner of Forty-third street, accompanied
by route men and a horse nud eart. and proceeded
to remove the Italian's lruit stand, although
it siood on grouud winch wus private property. Mr.
Cuff, the landlord, expostulated with the marshal,
but in vain. Hu informed the official that Marie had
golio to the City Hall to aeek aoiue remedy, aud requested
that the stand should uot be disturbed
until a reply was received; but, with
the indifference to the rights of citizens
which Is a distinguishing prerogative of city officials,
the marshal ordered the immediate seizuro aud
removal of tbestiud. His orders were promptly
obeyed by the men who uecouipauied him, and poor
Marin's lruit was scattered about the street, while
the stand, which was his store, waa carted away by
lite triumphant officials, who left the luckless Mrs.
Murle to pick up her merchandise as well as she
could. Tins outrage Induced Mr. Cuff to Interest
hiniheli directly in the affair, aud hn at
once proceeded to the bureau ot Kucunibrances,
where ho l'cuud Marie awaiting the
arrival ol superintendent Hart. That official soon
alter put In an appearance auil grautcd Mr. Cuff a
hearing. When the Nui>eri!iteudclit learned the
tacts he promised thut iho stand and Qxtures should
bu returned and that Marie should be left to pursue
his vocation in peace, but up to yesterday atteruoon
the Italian's property iisd not been restored to him
aud he was obliged to rig up a temporary ataud tu
order to display lua store of fruit.
BO AUD OF EDUCATION.
The flual meeting of the Hoard of Kduoation before
the summer vacation was hold yesterday attcrnoou.
Tiie meeting was short aud the business dry. Thecotumittee
appointed to examine the candidates lor the
Naval Academy on Congressman Kli.stain's appointment
reported that the auccossful candidate whs
William I'htllp Xwiuge, ot Ho. 'M First avouue.
Young twinge is in his sixteenth year aud graduated
from Or. miliar School No. UU, ana is now in the Collegs
oi the City ol New York, where he took the prize
in mathematics at the last examination. There were
eleven candidates bet ore the ooiunilttee, and tlte
examination was conducted by superintendent Kid.
die and two assistants. The committee were Messrs.
Wtctrhinv Trend and Duvd.
JULY 10, 1879.-TR1PLE
TESEIEST BOH Lift
"
Work of the Sanitary Inspectors
Among the- Children.
TO CHECK SMALLPOX.
Result of a Tour in a Downtown
District.
One of tlie good result* of the tenement bouse visitation*
by the sauitsry inspector* of the Hoard of
Health is an immense reduction in the annual number
of smallpox eases. When no system of visiting
wus in vogue hundreds of such eases prevailed atone
time in the city. One of the duties of each sanitary
inuniu?lnp fa fo fltul <\nf nnrl i*avw%??? in th? HAiLltb
Bureau the uimoi and residences of children who
have not been vaccinated, and a? the totul corps of
inspectors cover every tenement dwelling in the city
few of the little onos are left exposed to an attack of
smallpox, l^ast year only about half a dozen cases of
actual smallpox were reported, while in former
years the mortality from this virulent disease
made a high figure. Fifty inspectors might he
thought a largo force for the city, considering that
tho tenement house area is, in a great measure, limited
to certain sections, but it was deemod wise to
confine the work of visitation on the part of each inspector
to a small and easily available number of
houses, so that all might be well and fully attended
to. In some districts there aro long streets of private
mansions and in others of wholesale stores, and,
while territorially the district in such quarter is
much larger and costs moro walking than where tenements
abound, the work of inspection is proportionately
lighter.
THE HEALTH Ol' THE CITY SELDOM BETTER.
So far this seasou the health of the city has been
remarkably good?better than it has been in four
years, and this, in a great measure, maybe attributed
to the intervals of cool weather since the beginning
of summer. The report of the Health Bureau
from all tn# districts of the city show that tho
usual cases of summer sickness among children are
at a minimum.
Dr. Harry G. Chase, of Ho. 135 Liberty street, haB
charge of district Ho. 2, extending from Broadway
to the East River, and from iieekman street to the
Battery. The tenements in this district are scattered
hero and there, and it takos a good deal of
tramping around to reach them. Dr. Chase was lor
& lnmr time rrktmActnil with the New Ynrk' Disrten
sary aud has a considerable experience of the diseases
of children. In company with a Hkiiaxd reporter
he made a tonr of his district yesterday.
Talking on the way about tho nature of and remedies
for summer sickness, he said great heat affects
old and very young people in about the
same way, producing languor and difficulty
of respiration, neither class having the
requisite powers of resistance to its influence.
He thought feeding infants with a bottle wus the
cause of a great deal of sickness among them, as
the milk used was, in most instances, bad, and even
when good was much more difficult of digestion
than the mother's own milk, llathing the children
morning and night and giving them as much fresh
air as possible out of the sun were admirable preventives
of sickness. He deprecated tho custom
among mauy people of giving their little ones beer
to drink uuder the mistaken impression that it
strengthens them, and of giving them brandy when
sick, with the notion that it has a stimulating effect.
He believed it was quite possible to improve the
ventilation of most of the tenement houses in tho
city, and thus help to reduce the mortality, esjtecially
among children. Fresh air to them is of more
importance than food or drink.
Ascending the staircase at No. 2f> Stone street the
Doctor inquired on the flrst lauding, in a cheery
voice. If everybody was well.
"We're all well, thank ye, an' the same to you,"
answered an Irish woman, with a child of six months
rocking in her lap. Au older one, about three years
nf ??. barefooted and in a little, short, dirtv shirt.
looked up wondoringly at the DOotor, as he inquired
If the children liad been vaccinated.
"That onu," said the woman, laughing, as if it
was a good joke, and poiutiug to the boy on the
floor, "did'nt wait to be vaccinated, and wont and
got the smallpox himself and we had to send him to
the Island. .Guess ho can net along without vaccination,
but this little girl hero has'nt been vaccl*nated
yet."
The Doctor accordingly took out his notebook and
asked for the name auu address to report to the
Health Department.
"Ah, uow I see you want this for the papers, an'
bodad I'll not allow any daceut mother's child to bo
thrated that way. Didn't 1 see the way yoea put
'ein down in black an' white for all tho neighbors to
see."
It was explained what the nanio was wanted for,
and the woman's husband, who was sitting bcaide
her, thereupon gave her a sharp nudge witli his
elbow, saying, "Don't make a tool o'-yerself, Mary;
give the gintlemau the name," which waa accordingly
given with a clieertul apology.
HOKKUlUi or DOl'BLK IKNKMKMT HOUSES.
Tho next house visited. No. J" bridge street, waa a
different style of place. It was a double tenement,
put up iuauy years ago. Passing from the trout to
the rear building, over a small, ill-paved and badly
smelling open court, a dark auu dirty entrance presented
iiselt, inside of which something in the form
of a woman was observed, with head b bbing up aud
down ovorjurhat looked like a wasUtub. ' Pour or five
unkempt aud nnngry looking boys stood aud stared
in the courtyard, aud it was with some difficulty tho
Doctor and reporter groped their way in the darkness
to the foot of the stairwav. The dank, noisome
smell from mouldering rags, decayed wood and
bones and damp soil was suggestive of a charnel
house. The stairs creaked and rocked lu the usceut,
and the balustrade, supported at long intervals by a
tottering post, threatened to topple over luto the
darkness below. "Now notice, said the Doctor,
"what a contrast the children that live in this dismal
atmosphere down stairs present to those we'll
liud on the upper story." Going up to the flttli
i floor the light of day broke in upnu the landing and
several healthy, cheertul-lookiug chilurcn were
I noticed at an open room w troni. These, indeed,
were lu bright contrast to the pale and sad-eyed
I little ones on the darkened floors below.
"Is everybody well here?" Inquired the Doctor.
"All wali, air," replied a i uxom woman, straightening
herself up truiu a washtuh, over which she
I had been bending. "All well, except this little girl
here," pointing to a small creature with a handful
of tace aud body,
"What makes you let her oat that green apple?"
said the Doctor In a slight touu of a*i>ortty as ho
directed the mother's attention to the piuce of
maugu fruit clutched in baby'a tiny digiis."
"Well, indeed uow, 1 never did notice that she had
that horrid app.e in her hand. Doctor," answered tue
Woman with woll leigucd astouishuient. "It was
some little boy, sir, tliul must have givuu It to her,
but she had cholera infantum. Doctor, before that."
After the prescription in the case hud been wr.ttcu
the woman turned and said:?"Doctor, could anythug;
bo doue for a little girl here that has never
talked or walkod since slie w..s born six years ago? "
a piienoxkmai.lv irrucwu uhilh.
Doctor ami reporter telt eurioua to are lUa phoBooaaaoa,
nt pMMirefi&g a little tirtkn late flu
room, which was given up chiefly to two huge washtubs,
a little girl was seen stretched out at full length
upon the floor with a small worsted shawl under her
huail. Mlie was laughing in great glee, but not an
articulate sound escaped her lips. Her bare legs,
? ,1.. n.?n,.l l?n?ll, miluirwl to
actus* each other, the feet were perfect, and jet
she could uot stand, uor hail sue ever atood up unsupported
since her birth. There was no rigidity
| whatever about the limbs, which were as apparently
lull of vitalitv as the rest of her body. The mother
explained that eho was accustomed to pave from the
tit of greut glen in which she then was to a lit of
savage soger, uiul occasionally she had convulsion*,
In which the body grew as still and inanimate as a
I corpse. The Doctor could do nothing tor her, but
gave the anxious niotnur the address ot one who
might bo able to reliuve the unfortunate child.
"No rear buildings to tenement houses should be
allowed lu this city," aaltl the Doctor, "unless tliey
are clear twenty feet away from the front buildings
With that much space oj en on both slues."
IIKBHKW B All IKK AFLOAT.
The long wharf that runs out tutu the East 111vcr
from Fifth street was crowded yesterday morning
with children of all ages, lrunt the inite that was not
yet able to leave Its mother's arnta to the sturdy
youngster gifted with powers of endurance in ruuntng
and yelling Ot the most astonishing kiud. It
was the first excursion of tlio season designed by a
I number of kind hearted Jewish ladies and giutloliien
for the needy little ones of their taith, and tt is
' the precursor of many others, hweet t'harity smiles
| in her most genial .manner on the crowd of waui
faced babies, whoer eyes were lighted tip beueath
the radiance of her smile, The pinched teaturos
were relaxed and the feeble voices Were lilted up
1 In merry music as tbe children romped up
ami down the rapacious bi.rgn over winch waved
i the hag of St. John's Outld. Then there wua
music. A real piano, and such nice singing by tbe
ladies 1 And steamboats went by and blew llicir
| whistles; and there was many a big s|up that passed
| thsia; aud there were forts with real guns pointing
i out over the water; and there were waves In the
I lower bey thet rocked the barge and made some ot
1 the little nne? sire on: and tuere waa Coney island
I SHEET.
ana?but the eloquence of childhood could go no I
further. There-were a thousand children on board,
anil eight Uoura of sea uud sunshine, with meals |
every hour or so, did wore for them than all the
doctors' medicine in the world. Among those who
accoui)>auied the children and utteudud to their
wants were Mrs. Julius Hart, Mrs, F. A. Cohen. Miss
liarliel Lazarus, Miss Auuie brown, Miss Finnic
GelHnger, Mr. A. Ocllingcr, president of the excursion;
Messrs. John J liuvis, Leuisohu, Heiigmau.
Solomon uud Jacob Lewis. The next excursion, will
be given ou July 10. The expense* were about $Uod
and the benetits incalculable.
REAL ESTATE.
Tlie following sales were made at the Merchants'
Exchange salesroom July U
IIY rXTKK V. fcKYKIt.
John M. Bowors. rofereu?Foreclosure Hale of the two
two-ntorjr brick building", with two lota, together
iu sise.jO. 11x07.1. No*. UK.i uud 1H2 hluabeth ?t..
e. 121 ft. *. of i'riucu ?t.. to dofenduut $20,(XX)
11Y II. W. LOATH
B. K McOafferty. referoe?Forocloauro sale of tlie
threo story hrlek bulliliiitf. with lot 18.0x1(0.2,
No. 418 Emit 70th st., . a., clO.O ft. o. ut lm av.. to
pluiutltf. 8.300
HY WI1.LUU KK.SMKt.LY.
William B. N?uu. referee?Foreclosure sale of tiie
three four-story hrowu hIoiio< front dwelling
hoUbOl, with loti eucli 28x9j. Sos. 950. 958 unit
POO Madison av.. w. a., 27.2 ft. u. ot 75th St.. to
plaintiff. 00,000
BY J. T. BUYI1.
Harriet E. Nichols. mortgagee?A two story inline
dwelling. with lot 18.1(1x120x74 7x01.0, on tho u.
?. of tooth st.. 100 ft. o. of Brondway, to luortgugeu
2,700
OFFICIAL BKAL ESTATE TRANSFERS.
The following is a Htutoinent Hhowing tlie real estate
transactions recorded in the Itegister's office
July 9, 1?79.
11 tli av., n. w. corner of 7tilh at . 474.3x204.4, to
77tli at.; Joseph L. It. Wood and wife to William
11. ishutii $90,000
Uncus at., u. a..8(1 it. w. of Tintou av.. 20xKKi i23d
wtirdr .loliit Diuhl. Jr.. and wifo, to Eliau Miller. 1,200
10th av., a. w. corner '.ttllli at.. 20x78.10 part of>;
'i'humua J. McCahill to Timothy Donovan 1,020
Mudlaon av., a. ?. corner 24tli at.. 90x100.11 , Eloiae
E. Lawrouce to Ahrmn 11 Van Duxen 24,000
8th av.. w. a.. 82.4 U. a. of 48th at.. 47.7x102.11:
tturharu Egbert and others to Charles F. fiouth
nayd 400
40th at., a. a., 81.U ft. e. of Oth av.. ltt.tixBU; H. F.
Fuitxs (roferuei to Elisahuth F. Floyd and others. 500
44th at., n a. 4>ai ft. w. of lot li a v., 20x100.0; Emma
A. lot ton and husband to Conrad Kroyling 12,000
84tli at., a. a.. 200 it. e. ot 1st uv.. 10.8xlO2 2; Junius
J. Joues and wife to Edward It. Ilolaworth 7,000
120th at., n. a., 400 ft. u. of 8th av.. .>0x90.11;
Charles R. Shaw and wife to Sarah K. Conrad ... 4,400
lOoth at., u. a., 270 ft. u. of 'Jth av.. 20x100 U ; also
Oth nv.. ?. a., 20.2 It li. of lO ltli at., 20.2x100;
Joseph C. (iibhoua to Thomas C. liiggius 3,000
1341 h at., n. a., loo ft. e. of Oth av., 20x09.11; John
Maxwall and wifo to William L. Maxwell 5,000
8th ?v., w. a,51.2 ft. a. of 70th at., 51x100: Cut Purine
E. Stewart and liuabniid to William II. Scott 18,000
iiuu F. Kussull, roceirur of tlio Sixpenny Savings
Hunk, to Caiman Apple 0,500
4tb w. b.. 75.5 ft. ?. of ?3d ?t.. 50x100; Kubecca
M. Julius to Edward Kiljiatrick 14,000
4tli sr., w. ?.,25.6 ft. u of (>2d st.,5Oxl00; Francis
Joiius to same 13,000
45th at , s. s.. 240.0 ft. e. of lltb av? 150.0x100.5;
Ueorgu A. Treaty to John K. Treacy Num.
Hub st.. s. a., 204.9^? ft. w. of Oil av., 2ii.7'Jx44.2x
irregular; Laura Gibson (executrix) to Dennis
lioniioasy Num.
19th st.. s. ?.. 2i?4.1tlx I' * ">f :{d ?v., 26.7'jxH2xirregular;
Laura 1'. Uibson and otliers to same.... Num.
19th St., s. s.. 247.3 ft. w. of 2d av.. 20. tihjx 104.8,
uno-h?lf part of; Donuis llennessy to Laura F.
Uibson, executrix Nora.
19th St.. s. s., 221 ft. w. of 2d av. (roar lot), 12.8x
01.2,'i ; same to same Nora.
19tli st.. s. a.. 261.U't tt. w. of 2d av., 24.7x92, onehalf
part of; same to same nom.
144th St.. n ?.. luu tl *. of Kith av., 100x99.11;
Susan Alvord to Martha M. Itavies 2,500
91st St.. s. s.. 150.(1 ft. w. of nr. A, 100x102.2; Berths
A. Denno anil husband to George Kegel hart. 10,000
41st St.. s. s.. 120 tt. o. of Sth av.. 20x9M.ll; Charles
Kalck and wile to Murium Kramer 8,225
KiWih at . u. a., 155 ft a. ef 4th 75x100.5; August
Bauuigarlcn and wife to John H. Dean 5,225
4th av., s. e. corner of 110th st., 29.9S!,x75.S,t; John
11. Duan and wife to Klixabutli Meufian 6,000
Conklin, Albert C. and Lewis K. Davis, to William
II! I'liiitps, general assignment for the benoflt of
creditors.
LKASKS.
4th St.. s. s.. 262.11 ft. e. of 1st nr.. 25x96.2 (20
years); John J. Antor to Julius Kassebaum $250
3d av.. No. 052 (office. 2 years); William C. Davidsoli
to Charles Voeltiug 800
Grand st.. No. 5tiO (store and cellar, 10 years);
Alexauder Kobertson to E. J. Jennings 620
Gausevourt st.. No. 114 (5 years); Uoorgo B. Lawtun
to Kubber 1'aiut Company 3,000
BKCOItnr.D MOKTIiAUKS.
Apple, C. and wife, to Kebecca dross, s. s. of 40th
at., w. of 2d av.; 4 years $6,000
Boiiyou. Louisa, to Sarah Sawyer. No. 125 Ureonw
ich st.; 1 year 400
l-UHpur, I. will! W HO, IU Kj. i*. OUUUVIISJCS, I. W. OL
73d at., o. of 2d av.: 6 months 1.500 I
Sumo to William K. Dull, a. a. of 70th at., w. of 1st
uv.; 3 months 600
Crotuwoll, Eliza K. and husband, to J. Crotnwull,
No. 25 Went lltoth at.: Instalinoiila 1,5(10
Daly. Mary A and husband, to The Emigrant Industrial
Savings Hank, n. a. of Odd at., w. of 10th
av.; 1 yoar 4,000
Demorest. W. J. anil wife, to Catharine Stimnor, s.
s. of faith at.. e. of 7tli av.; 3 years 6.M30
Demurest, W. .1. and wife, to E. Winalow, n. s. of
57th at., w. of Madison av.; 5 years 40,000
Flagir. Saruh E? to tlio Mutual Life insurance
Company, Nos. HO and H3 West 11 111 st.; 1 year... 11,000
Kilpuirlck, Edward, to Frances Jones, w. a. of 4tli
av., 11. of 62d St.! 6 months 11,000
Same to Kebccca M. Joues w. a. of 4th av , a. of
63d st.; 6 months 12,000
Livingston. Mary (!., to Eliza Wionor (trustoe. Ac.),
s a. of loth st.. w. of 5th av.; 5 yours 7,000
Meelieu. Elizabeth ami luisbutid. to,). II. Ucane, ?.
e. corner of 4th av und lluth st.; 4 months 6,1(10
Miller, Joseph and wite, to William Miller, w. s. of .
. ltd av.. n. of 151st st.; 5 year* 3.HOO
BchlfTmeycr. Sophie, to J. Wagner, n. a. of 31st . t?
e. of 11th av.: 5 years 3,000
Schmltt. J. and wife, to T. P. J. tioddard and
others (trusteoa. Ac.), e. a. of Greenwich av., a. of
11th st.; 5 years 13,000
Simon. Caroline and husband, to T. Bauchle, n. a
of Hist at., e. of 3d av.; 3 years 3,000
Stevenson, V. k and wife, to Y. I*. J. Goddard anil
others (trustees, Ac.), n. a. of 57th st., west of Mth
av.; 3 years 30.000
Treucy Thomas P., to William K. Lee (executor.
Ac t. a. a of lllUl at., w. of 4th av.; 3 years 4,000
Van Ousen. Abram B.. to Eloise L. Lawrence, s. e.
corner of Madison uv. and 124th st.: 1 year 24,000
Same and wife to II. Virginia Deshler (guardian,
Ac.), santo property; 3 mouths 6,000
Wolf, Jacoh and wife, to L. Beudert, a. a. of 2d at..
UKCOKItlCU AHHIOXMVNTS Or MOUTUAOXS.
Georgl, Carl, to J. Kleiiian $1,UX>
timber, Mary, to John K. Mctirs-h l.UOO
llicks, E. S. (executor, Ac.), to tba Partners' Loan
anil Trust Company 1
Same to same 1
! Km nig. L-. to Cliarles W. Hinckley 1.5CKJ
Same to Haute 1.DOU
MaimonidcH Benevolent Widows and Orpliaus' Society
to William B. Ant 3,503
Smith. James W executor. Ac.), to George l? Kent. t
Swift. J. II.. to The Eickoiueyer Hat Blocking Machine
Company 5,000
PAHK DEPAKTMENT.
Mr. William Pitt Shearman, the Mayor's accouJTtaut,
baa praotically ended his labors at tho Park l>epartiuent.
For the past two weeks be ami an assistant
have been busily engaged scrutinizing the accounts
and all other documents which were calculated
to throw light on the inner workings of the
Commissioners and their attaches. Having ascertained
that Mr. Shearman had made an informal report
to tho Commissioners regarding the result >
of his investigations a Hkuald reporter asked Mr.
shearman if such were the case. Tho lutler
was nou-committsl ou that point. He said that it \
would be considered discourteous to the Mayor to |
express any decided opinion on the subject, aud he
would prefer not doiug so until he had first submitted
his report officially. As the result of a protracted
interview Mr. Shearman said substantially
that he had examined the books uud vouchers of the 1
department, and had completed that psrt of his
labors. "I have satintted my so it ot the correctness
of the accounts of the general bookkeeping," said
Mr. Shearman. "This part ot the programme em- i
braces the ll'nancial portion ot the question from
tho Iteglnning of 187M to June, 1H7!>. lean say, without
violating any confidence. that 1 have found every- (
thing correct. The books have been kept tu remark- i
able order, aud 1 have discovered no important mistakes."
THK BH1DOK OVK.B THE HARLEM.
Regarding the recent discussion on the construction
df the bridge over the Hurlem River at Madison !
s veil tie and the recent opinion of Corporation Counsel
Whitney on the subject, tho situation was fully
explained by Mr. Ifarker, secretary ot the Hoard.
"General Newton." said Mr. Marker, "who has been
placed in charge of the improvements o( the Harlem
River by the United States government, some time
ago made a request of this department ttiat the (
location of the terminus or the bridge ou the New
York side should be altered, for the reason that the
ahutiui uts as ortgiualiy intended would interfere
with tho current of tho stream, and lie
made a request that the terminus should be ,
changed a snort distaucu. The Park I'oparlineut
having once located the site ot the bridge it was
considered that such action was final uud binding.
As ttiu question was an important one the Commissioners
weut to Mr. Whitney aud asked him if they
hud a right to alter thu location. He said they had
if the map had not been tiled. Subsequent examination
revealed the fact that the map nsd not been 1
filed. The Commissioners will accordingly take
| immediate action to change the original plans of
the bridge in conformity with Uencral Newton's request.
MUH. COL TON'S WILL.
J. P. Patej, a lawyer, maiding at Mo. 3l>l H miaou I
atreot, repreaented at the Coroner*' office ycaterday j
that ho bad In bin poaaeaaton a will whleb Mr*. Col- '
ton, who committed auicldo laat Monday, bad cau*ed <
biin to draw up for ber about alx nioutb* ago. In
which alio leit what money anil valuable* abe waa
poaaoaaed ot to bur ouly aiat.-r, who livoa tu Mew
Haven.
llAKlUAGES AND DKAi'lid.
MARRIED.
c'altr.w?oahrktt.? On Wednoaday, July 0, iht'.i, by
thu liev, l*r. Moid, W ii.liam H. CAMtw, Jr., to Uk*?ik ,
v. n. Uaubktt, both ol tbla city. Mo card*.
M tHiil.lt?LaMMRI).?Oil Wiiluoadai, Jlliy 0, at Mt.
Thomaa Courcb, by .llio Kev. Dr. Williaiii f\ MorKan.
Mr. Mahtun Maiihi.b to Mr*. A. Wii.uanx Lam;
llAltl*. .
I IUioha?Howk.?On Tucaday, July h, by the Kcv.
I William Adaiua, D. D., aaalated by the Iter. Howard
9
Crosby, D. D., Dr. P. B. St. John Roma to Mn
Sakaii K. Iloivx. (luuiftifor of Mr. K. V. ll&iiuhwout.
Spmccn?Hrrc'HiKC.*.? \t Trinity Clturcli, <i ilvestou.
July J. by lb y. F. Bird, Mr. John Coram
Smith Hi-knit-ii, kou of tiie l?t? Csptsiu J. 8. Spi'iicer.
ot Kliz belli, N. J., to AJ akv M., daughter of J. II.
Hutclnu^M, i'aq., (iilvMtou, Texas.
Wood*?bunu.?l>u Wrdiu-*iluy, July 9, 1879, at
the hriiWa ri'Midancn In MnnoutoWD. W. Vl? b>
the lie v. JoUu li. Thompson, Fhank ?*ooo*. ot
Oration, W. V?., to Miss Hatuk L. luaukd, of Morgautowu,
W. Va.
DIED.
Black.?on Weduosday. July 9, Miai Euzuni
Black.
ltelutivos and friends urn respectfully Invited to
attend the funeral, troiu the residence of Benjamin
Dunning, Monroe place, Brooklyn, at two o'clock
P. Hi., on Friday, 11th lust.
Bull.?On Wodn-sd*y. July 9, at hta late realdeuce,
No. 1H1 jd ?v.. Jamu M. Bull, of paralysis,
in the 71st year of las age.
Notice of funeral hereafter.
Blsck. ?On July ?, ut New Orleans, La., Susannah
L., widow of the late Chauucey 1). Buuce, formerly
of this city.
Busunkll.?July iu thia city, Laeayettk Boa*
NKLL, M. I)., lu the .Vitli year of hia aye.
Funeral notice to-morrow.
CHiUSToniKU.?At Jacksonville, Fla., July H. Sauah
MoLroN, wife of John (J. Christopher and daughter
ot licnry Bowers.
Notice of funeral hereafter.
Coyle.?On July 9, Annie Coyle, beloved wife of
Patrick Coyle and daughter of Bernurd Hughes, of
Lisbou, Kearney, county Tyrone, Ireland, aged 'JS
years.
Funeral at two o'clock, to-day, from her late residence,
XH4 3d iv. May her soul rest in peace.
Ifk Nykk.?Suddenly, in Brooklyn, ?. D., on Monday
morning, July 7, Willie Eaton, only child ol
William T. and Surah E. l>u Nyse, in the 3d year
of his uge.
Relatives and friends are invited to attend the
funeral, from the residence of his parouts. Mux SontU
Oth ?t., on Thursday, July 10, at half-past two
O'clock P. M.
Dunham.?On Tuesday, July 8, 1879, Mary H.,
widow oi Edgar A. Dunham and daughter of the lata
Peter Piruie.
lielat ives uud friends are invited to attend the
funeral services, at her late residuuee, No. 147 East
127th at., on Friday, 11th lust., at uevuu P. M. Burial
at convenience of family.
Duabuow.?On Monday, July 7, Sarah L., wife of
Stephen A. Durbruw.
Relative!* and friends of the family are respectfully
Invited to attend the funeral services, at her late
residence, No. 12X East 30th st., on Thursday afternoon,
10th iust., at 11 yo o'clock. It is requested that
no flowers be sent.
Kokf.?on Tuesday, July 8, at the residence of hi*
father-in-law, J. Wallace, 413 New York av.. Ewsah
G. Kokf, son of Edgar M. Eotf, in the 34th year of hi*
age,
Relatives and friends are respectfully invited to
attend the funeral, at the resilience of his parents,
<124 Palisade av., near Congress st., Jersey City
Heights, Thursday, July 10, two o'clock P. M.
Callaway.?(In Wednesday, July 9, Susan E?
wife of the Into Thomas A. Galluway, In the 3gth
year of her age.
Funeral will take place from the residence of her
brother-in-law, Mr. Juines Fitzgerald, 31 Hubert st?
on Friday, July 11. at two P.M. Friends and relatives
are invited to attend. Interment In Holy Croas
Cemetery.
Bermuda papers please copy.
Gamble.?On Tuesday, July 8, at Dobb's Ferry,
N. y., Arthur Gamulk, of New York and Belfast,
Ireland.
Funeral will taVc place at the Anthon Memorial
Church, iMtu st.. betwoeu Cth and 7th avs., on Thura*
day, J illy 10. ut ten A. M. By request, no flowers.
Habb.?Sew Vohk Lodge, No. 1. B. P. O. Elks?
Bukxbukn:?Von urc hereby untitled to attend
special communication at the lodge rooms. Clarendon
Hull, on Friday, July 11, at one o'clock P. M..
for the purpose of paying the last tribute of respeot
to onr deceased worthy brother, William Habb.
JOHN J. TIN DALE, E. R.
It. 8. Mabtik, Secretary.
Huohf.b.? On Wednesday, July 9, John J., only
sou of tho late William I. and the late Margaret A.
Hughes, aged 5 years. U months and '.*7 nays.
The funeral will take place from tue residence of
his grandfather, .Michael Donahue, 118 Cannon
street, on Friday, July 11, at two o'clock.
Law.?On Wednesday, July t>, Alfbku Mills, Infant
son of Alfred Wneclock and Alice MIIIb Law.
Mabks.?Un July1871), Jeannetta. wife of Boosack
Marks.
Funi'ral July 10, at one P. M. prompt, at No. 214
Madison st. Friends are invited.
Mkbskbkau.?On the <Jth of July, Sabah MkhsebxaD
, aged 99 years.
Relatives and friends arc invited to attend the
funeral, from iter late residence, 22 Park place,
Brooklyn, on Friday, July 11. at three o'clock.
McDonald.?Ou Tuesday, July 8, Rose F., daughter
of the late Joseph McLonald.
Relatives and frjends are invited to attend the
funeral, from the residence of her brother-in-law,
Thomas J. Hitchmau, 207 East 83d St., on Thursday,
one P. M.
Ofif..?<; uor.'ik Opie, eldest son of Isaac and Eliot
Ople, in the 3oth year of his age.
Friends of the taniily are invited to attend tha
funeral services, at his late residence. 401* Bergen st.,
Brooklyn, ou rriuay. tue litu lust., at two I*. m.
O'Donnell.?On Tuesday, July 8, Gertrude
O'Donnell. youngest daughter of Margaret C. and
the late Michael J. O'Donuell.
The funeral will take (dace on Tlinrsday, July 10,
at two P. M.. from her lute residence, 100th it. and
3d av.
Paynteii.?In this city, July 0, infant daughter of
Isaac and Elizabeth E. Paynter, aged 7 months.
Friends of the faintly are respectfully invited to
attend the funeral, Thursday, July 10, one P. M.,
from residence, 11 Marion at.
Pkirrmakn.?On Uucsday, July 8, Cuaules Prru*
mann, aged 07 years.
Ret ttive* and friends are respectfully Invited to
attend the fnnernl, from the residence of his sister,
Mrs. L. Burger, No, 01 Pineapple at., Brooklyn, ou
Friday, three P. M.
Hif.chkiis.?July 7, after a serious Illness, John H.
KlKrHElis, in the 48th year of his age.
Relatives and friends of the family are respectfully
Invited to attend the luueral, on Thursday, July 10,
at two P. M., from tho Evangelical Lutheran (8t
Paul's) Church, Houth 1st, corner 0th at., Brooklyn,
E. D.
Russell.?On Tuesday, July 8, James Hiram, eldest
aon of Jaines H. anil Elizabeth 1). Russell, aged It
years, 1 moutn and 'J days.
Funeral services on Friday. July 11, at Christ
Church, Harkcusuck, at three o clock. Train leaves
foot Chambers st. at one o'clock.
Stevens.?July 8. Imooene Udell, wife ot Charles
A. Htev us and daughter of Andrew J. Udell.
Relatives and friends invited to attend the funeral
services at her late resideuce, Fordham av.,
Tremont, Thursday. July 10. at three P. M.
Tract.?At her residence, l,t09 'hi av., Clara,
daughter ot the late John Cox, of Callicoou Depot,
and wife of Edward F. Tracy, of this city.
Notice of fuueral later.
'i'vi.Fjt.?At bis residence, Winfleld, L. I., Tuesday.
Julv 8, of pneumonia, John W. Tylkb, in the slat
year of hi* age.
Relative* and friends are invited to attend the
funeral, on Thursday, July 10, at two o'clock P. M.
Wakkman.?At Southampton. L. 1., ou the 8tk
lust,, lien* Wakkman, ot this city, in his H4th year.
Fnuoral services at his late residence, No. 19 Weal
30th st., on Friday, 111U Inst., at ten A. M. Friends
are requested not to send flowers.
Williams.?On Wednesday, July 9, at Metuchen,
N. J., Mauy P., widow of Richard S. Williams, in ths
77tli year of her age.
Funeral at the residence ol Ellis Freeman, Metucben,
ou Saturday, July 12, at half-past ten o'clock
A. M.
Williams.?At the residence of her son-tn-law,
M ix Weil, 134 liast .Wth St.. Mrs. M. Williams, in
the 05th year of her ago.
Notice of Mineral hereafter.
Cincinnati and H istou papers please copy.
Williku.?Ou Wednesday, July 9, J osEPRlKS.
daughter ot William and Km 11 v Willing.
Relatives ami friends are respectfully invited to attend
the funeral, from her parents' residence. No.
'314 Fast 24tli St., ou Friday, at two o'clock.
Wiswall.?At Bay Shore. I,. L, July 9. 1879, Maky
Jank Wiswall, widow of the late Samuel Wiswall.
aged no
Notice of funeral hereafter,
WuLrr..?On Wednesday morning, 9th Inst.. Mrs.
Mahia A. WoLYK, wile oi the late suriiticl M. Wolfe
and mother of Hudson (1. Wolfe, aged 7it years.
Funeral at the church "C the .strangers, Neilson
place, between Clinton and Waverley places, on Friday,
at two o'clock P. M. Relatives and frlanda ot
the tauilly are respin-tfully invited to attend.
LynfUi'tirx l?a.) paprm pinasc ropy.
KILLlVllDh.
A?A.?A.?A.?TIIK TKRY K1SKST RILI.IAUD
Tallin*, lilted with tin- wonderful Monarch rnahluwa;
loweat priea*. ThoJM. HKlSSVYICk A HAl.kK COM*
l'A.N Y, 7d4 Hmadw ?.
V WARDED CRASH MRIIAIi, PARIS, 1H7*.-THB
Collnnder Hilliiirit labia*. Ilia lia*t ill nno and clteap a*
any. Waremoiiia, 7sM Hmadwai, N?w York. Calalotfuoa
(rw.
4 MKKICAN STANDARD HM.MARD AND POOU
a Y Tallica. Bow and iNunii hand, at low pricoa. Il k. II.
( Kil'l l'lll \ I'D.. UUU roadway, corner .Mill Ml.
MAHBIaH HANTRM.
MARHLK ASH MAKItl.KI/.KD MAS'l'KLs. UKAYK tana ,
Ac. A. KI.ABKR 1A4 Ka?t lsth *t.. nnar :td a?.
\i ANTKL.S-Al.lt STYLES; STEPS AM> RISKS; UKS~
.41 en 141 Slum Manufacturers. rKNKHYS SLATE COR*
t'A.NY.oU Union >t|iiar?.
TOM BUR.
(t AUNKY A CHS SltlRAliK WAREHOUSES. Suit, :sO
JIVn*t 14th *t.. far tho asfo k npinit mid stnraga fumi*
turn, piano*. l>iiKK*Kn. triinka. valuable*. ueiiers! niarchamliac
I B?ll advanced It rtaalred.
riMIK HAECKR WAREHOUSE. STH AY.. KKOR lt-?t?
All! H4lh*t.: otttce Sun Weat :<4tli ai ? St..ran* fur furnl.
lino, piano*. liHKk*ita and nood* of over) uenci iptiou at
lowest rate*; ahipplnx. boxiiif and pai'klnit
WilXiKD TO PURCHAMlB.
\\' A Si Kit?A CltlAll STAND IS A HlirKL
4 4 drcaa, a I at i nil Pima. H I A N H. boa I HI Herald ntlic*
%>r astkd-bak. hack bar. ice ikiisk. uaJ
aft Haturn* (or a saloon. A ILIAAMH, IKl k #al tin R.
DANCINU AC.% DRMIKS.
/ IaHTIKB'S ImSi'INi. ACADl.MY.dS EAST 14TB sT.
\ aaar ith av Hionkiyn branch, bttl Kaltua *t.
OWtTIMTM.
J... *s, -HKAI IIELL SKIS ARTIFICIAL <41 V
$U*t??th. ?*rtmnt?4. Kftmniu* pMita?nt. 2>'2 i-u
r.; IA?I i>r. M?AUI?H.

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The New York herald. [volume], July 10, 1879, Page 9, Image 9
About The New York herald. [volume] (New York [N.Y.]) 1840-1920