The New York Herald Newspaper, March 15, 1868, Page 5

the weak, sion Given in the Church of the Transfiguration, tn the: eity of New York, this tg of March, 1A ys oy RGCtOr of Bt. George's Church is ie city of New When the clergy who, in their robes, had assisted ft the ceremony had also retired, a crowd of the friends of Mr. Tyng crowded about the pew occupied by him, and many of them in no complimentary terms denounced the court which found the verdict and the presiding bishop. Some of the less considerate endeavored to to persuade him to address them from the altar, others took him by the hand, and not a few expressed their anger against the reverend gentle- man’s “‘persecutors” by hissing. Mr. Tyng, who ‘Was perfectly cool and collected throughout the trying ordeal, acted the part of a sensible gentle- Man and left the edifice for his home while the tumult continued, and which only the presence of a small body of police prevented from breaking into ‘whit might be called a “religious row.” ‘The friends of Mr. Tyng proceeded to the Church of the Mediator to protest against the action of the court. Neither Mr. Tyng nor his father were present, The meeting was called to order by Mr. Foster. a layman of the Church of the Holy Trin- ity, who announced the object of the meeting. Rev. John Cotton Smith thought the object could be best attained by the appointment of a committee by the ehairman, this committee to retire and select a stand- ing committee to draft resolutions and name a sult- able place for holding a public meeting to protest against the course pursued towards Mr. Tyng. Rev. Dr. John Cotton Smith, Rev. Dr. Dyer, Rev. Mr. Brown and Rev. Mr. Rising were appointed the com- mittee, NEW YORK CITY. COURTS. SUPREME COURT—CHAMBERS, ‘The Drew-Erie War—A Grand Contest In the Courte—The Diven Contempt Case—A Kee ceiver of the Proceeds of the New Issue of Stock Appointed. Before Judge Barnard. The People dc., vs. Alexander S. Diven.—Yester- terday morning a large array of counsel appeared in this court in the matter of the proceeding in at- tachment for contempt against Alexander S. Diven, one of the directors of the Erie Railway Com- pany. The alleged contempt consists in the allega- tion that the defendant signed the certificates of new stock which were issued on Monday last to the amount of about $10,000,000, in violation of the in- Junction issued by Judge Barnard in the suit of Richard Schell, Mr. Diven was arrested on Thurs- day night. Mr. William Fullerton, on behalf of the people, stated the case, and moved that the Sheriff make his return and that the parties who had been arrested ‘under the attachment answer before the court. Mr. David D. Field said that before that was pro- eeeded with he wished to state that the moving for the attachment was in itself a violation of an tnjunc- tion, and rendered the parties making the application Mable for contempt, He wished to know whether the court would now take any action upon it, It was a direct violation of the injunction, which required that the Attorney General and his agents “do refrain from proceeding under or upon the tition on the complaint mentioned, or from taking any further proceedings in the complaint mentioned, in which The People of the State of New York are plaintitts, &c. In. that suit they had moved for attachment, and he merely rose to inquire if the court had determined to P . Mr. Fullerton—If the court please, so far as I am concerned, or the other gentlemen associated with me and who moved for this attachment, we are quite will- ing totake the consequences of our acts. In the first piace, however, counsel for the people called upon i learned justice who issued that injunction for the pene of having it modified, and we were told distinctly and emphatically that there was no need to modify it, as it was not the meaning or 'intention of that injunction to tie up this proceeding entirely in such a manner as to prevent us from proceeding ‘where an order previously granted should be vio- lated. The injunction merely delayed all former roceedings without invalidating or vacating m. And again, your Honor will perceive that this rae against these direc- ors for violation of this injunction and for contempt of court, is a new proceeding, in the nature of a eapias ad respondendum. The original action is en- titled ‘“The People of the State of New York st ‘the Erie Rallway kero and Others,” while this is the suit of The People &c., against Alexander S. Diven, In that action an injunction was served, and that injunction has been violated. This isa proceed- ing to punish for that violation, and is a new proceed. ing, though not a proceeding within the meaning of the original action. ‘Mr. Field—So far as the learned counsel refers to any conversation with any justice of a court we have nothing to say. But I submit that this is nota new pl jing, sir, and to you and to me it is well ‘wnderstood that whatever a judge says in regard to @ suit, unless it is in writing, is of no sort of conse- uence, We stand here upon the record, and ere we plant ourselves. In saying that this is not @ proceeding in the original suit the gentleman is entirely mistaken; and certainly it cannot under any circumstances oe a new proceeding until the attachment is returned before the court. Mr. Field here read the tities of numerous affidavits in the oe and concluded by arguing that if there was any validity in the injunction granted by this court the geubsequent injunction restrained it. Judge Barnard—Before I granted this attach: ment I was fearful lest I might violate the junctions ted by Justices Gilbert and Bal- com, and [ became satisfied, before taking action, that they were not intended to tie up the case in ita present aspect. This contempt occurred after those injunctiohs were granted, and I do not see that they can affect us here, or how they could be held to enjoin a proceeding that it was not, when they were granted, known would ever be resorted to, or occa- sion for it arise, Mr. Field and Mr. Fullerton argued this question at some length, pro and con., when The Court remarked—I do not think it is neces- sary to discuss this question any farther. Mr. Drew or the Attorney General have nothing to do with this lesire now to hear whether any injunc- tion has been violated. 1 Pa Field—The court does not initiate ‘anything, ope. Judge Barnard—The court does not initiate any- wan whatever, but is here ‘to hear this motion, ‘which is of itself an ps pene proceeding. Mr. Fleld—Then, sir, 1 object to the Judge on the ‘bench hearing the case. I do this with great respect, and only in the discharge of my duty. It se happens that there is a suit now pending in this court, in another district, in which a judge of this court is a party, upon an allegation that he is interested in this litigation. He isa party in that Suit, and that suit is apart of this litigation. That makes him a party to this suit. Whether he be or be not interest another thing; that is not for me to decide at all. It is for another judge in another lace, and therefore both on the ground that It would a direct violation of law, and a void proceedin; if it were carried on, I respectfully object; and Iam sure your Honor never would partake in a violation of that courtesy which should prevail in all branches of the court, and without which the administration of justice will fali into discredit. Now, sir, you know better than I can tell you that tt not only isa ——— of the common law, but of the statute also, that any judge who sits in hearing in any case in which he is interested is deemed guilty of a misdemeanor. And with an extreme desire not to say anything that would be in the slightest degree objectionable, | submit that every requirement of law prohibits this proceeding froin going on here. Judge Barnard—Anticipating that these objections po ‘be ratsed, the justice who 1s named as a party defendant in that proceeding commenced against him, an to which you refer, submitted the papers that were served upon him to a majority of his asso- Ciates sitting upon the bench in this district, and they advised him) that the injunction, being granted upon information and belief, their advice was, first, that the injunction should be violated by him; and second, to hear this matter ep of the order, because nothing 1s charged against him, he s'a%ing to them that he ts not interested in any way in this litigation, and never ‘was so interested. Mr. Field regretted that any of the associates should give any such advice as recommending the court to violate an fe eed But that was a matter for higher authority to take notice of, and was not of any material importance to the case under consideration, He (Mr. Field) shonid have a remedy upon that ques- tion in its due and proper time. Mr. Fullerton called upon the Sheriff to make his return to the court on the warrants of attachment issued against the various parties. ‘The Sheriff's officer then read as follows:— I hereby return that I have arrested the within named defendant, and herewith produce him before ‘this court. JAMES O'BRIEN, Sheriff. ALEXANDER S. DEVIN, Defendant. MARCH 14, 1868. The officer then proceeded to make return of the attachments issued against J. 8. Bancroft Davis, James Fisk, Jr, Henry Thompson, J. 8. Eldridge and William B, Skidmore, stating that they had not Deen found. ‘Mr. Rapallo moved in each case that an alias iasue inst all these parties, which the court granted, th the exception of Mr. Skidmore, whom counsel tated appeared voluntarily and was then in court. Sudge varnard directed that a pro forma service be mets W yn Mr. Skidmore. oMoer then read also, a8 not being NEW YORK HERALD, SUNDAY, MARCH 15, 1868—TRIPLE SHEET. found, the names of the additional direc- ‘i Lane rising hurriedly frou bis seat)—T am ‘Mr. Rapallo moved @ pro forma service upon Mr. ‘The allases in the above cases were made return- able on Wednesday Mr. Field—They have been now all served. Mr, Rapallo—I presume the to call case a8 2 se] regular proceeding, go that they may appear and plead ty or not @uilty of the contempt, Mr. Field—We neither plead guilty nor make other plea in the case. if red sh 'g oilicer (to defendant)—What answer have you to make to the charge against you? Mr. Field—When interrogatories are filed we will Sue court assented to thi court assen' this proposition by Mr. Field, and Mr. Fullerton stated that they had an order which they wished to propose to the court and which would be om hand in a few moments. JAt the expiration of the “few moments” Mr. A. J. ‘anderpoel, assoctated also as counsel for the piain- tins, read an order, which was submitted to the court, A long discussion ensued between counsel on both sides as to the verbal construction of this docu- ment, and objections were made to it in its then pre- sent form. Mr. Rapallo—We will file our interrogatories on or before Wednesday, and the answers will, I suppose, be filed on or beiore the 2ist, Counsel for Mr. Diven desire your Honor that they have until Saturday to file their answers to the interrogatories, and that the hearing of these interrogatories be postponed until the Monday following, Mr. Field—Is that so understood ? Mr. Rapallo—That will be the 23d instant, and we shall be ready to come into court on Monday morning. Mr. Fullerton—I suppose that the court feels that it would be proper now to fix the amount of bail. Mr. Field—Yes, sir; certainly. Mr. Fuilerton—Your Honor will recollect that the contempt charged in this case consists, as alleged, in the issue of about $10,000,000 of stock, without au- thority and in violation of the order of injunction. The Court—I suppose in the case of Mr. Lane and Mr. Skidmore, both of whom appeared voluntarily, wecan accept nominal bail, fixed at $100. In the case of the others, who have escaped, bail will be set down at $500,000. Mr. Fulierton—The certificates of stock, if your Honor please, which are now ailoat upon the market are ali signed by Mr. Diven. Now, if that be so, sir, it is a very-serious matter, Mr, Field desired to know what authority there was for making the bail in the other cuses §500,000. But before any order is made tn this case he wished to file his objections. which ue wished to have incor- porated in the order just read. The court did not think that Mr. Field’s objections shouid be incorporated tn the order of the court, as they did not form any part of the order, but were ex- ceptions taken to the proceedings. Mr. Field here read his objections, and said, ad- ee the court, “That is all true, as you are aware, sir. Judge Barnard—It is true, gir, that the objections | have been made, but not that I have any interest in the stock, (suppressed laughter.) Horace F. Clark—We object, may it please the court, to the mutilation of our order by the embodi- ment of these objections, Mr. Field—Our order! Our order, does the gentle- man say? Is this your order, or the order of the court? T submit that we have a right to have these objections filed. But primarily I insist that this whole proceeding is void, that it is good for nothing, and that every one is lable to arrest*who takes part part in the proceeding. The court—I think, Mr. Field, that if you will re- fiect in regard to your own practice, there is nothing unusual in this course. I have never known such a thing to be incorporated in an order. I will give Mr. Field a separate order. Mr Field+-Well, sir, that will do, and add to the other order the words “the court thereafter made the folowing order.” Mr. Fuilerton—Now let us have a fair understand- ing on this. I want this to be decided according to the regular practice, but I cannot tell but what that order intends to reflect upon the justice before whom this proceedi is taken, Mr. Field—Oh, it is not in any way essential here in the matter of making or framing this order, that the judge is interested in the litigation. Judge barnard here dictated the closing sentences of Mr. Fieid’s objections, ining with the words “the Judge disclaiming,” &c. The order and objec- tions, as amended and modified, were then read as follows:— The People of the State of New York vs. Alexander S. Diven.—The plaintitls moving this day to proceed upon the attachment heretofore issued against the defendant for an alleged violation of an injunction, it was objected that the motion for attach- ment was made in violation of another injunc- tion of this court, and, therefore, that ao further proceedings should be had, which objection was overruled. It was then objected that the Judge now sitting could not hear and decide on the questions poe the attachment, because he was @ party to another suit, being part of this general litigation and Was interested therein, the Judge ‘is- claiming that he ever had any interest in this littga- tion, or that he was ever interested ‘n tue slightest degree, either directly or indirectly, remotely or con- tingently, in the Erie stock or any other stock, or ever has been; and thereatter an order was made of which the following is a copy:— At aspecial term of the Supreme Court of the State of New York, held at the City Hati, city and county of New York, on the — day of March, [n the orden present Hon. George%, Barnard, one of the The People of the State of New York vs, Alexander 8. Diven, defendant.—Defendant, being charged With contempt of court and veleing ap order of injunction issued in an action in the Su- reme Ct wherein the people of the State of ‘New York are plaintids the Erie Rail- way Company, Daniel Drew, John S. Eldridge and others of said company are defendants, and on the 2d day of March, 1s6s, a writ of attachment, di- rected to the Sheriff of this county, having issued against him, returnable this 14th day of March in- stant; and whereupon the said Sherif! has retarned that he has attached the said defendant Diven, and has him in cus! before the court; and the said defenuiant Diven being, by virtue of said attach- ment, brought a prisoner before the court, and de- nying that ne is guilty of the misconduct charged ‘oresaid st him: as af —. Now it is, on motion of Marshall B. Champlin, Attorney General for the people of the State of New York, ordered that the said plaintiff do, on or before the isth day of March, 1868, forthwith file in the office of the clerk of this court interrogatories speci- fying the facts aud circumstances charged against the said defendant Diven, and that they serve @ copy thereof upon the said defend- ant or his counsel, and that the said defendant do put in written answers to such interrogatories upon eS and file the same with the said clerk on or before the 2ist day instant, and it ts further ordered that the said de- fendant appear beiore this court in the City Hall, New York city, on the 21st instant, at ten A. M., to Which time al) further proceedings are adjourned, and in the meantime that suid defendant be dis- charged on giving bail in the sum of $100 to appear ou the said 2ist day of March, 1868, at ten o'clock A. M., and do there abide the further order of this court in the premises, ‘The order Was duly entered in this form. Mr. Clark—May 1f pleage your Honor, there are some further Pees pending in the matier of the petition of the Attorney General and the injunc- tion suspending Mr. Drew, but it is not very material that those matters ¥e heard just now, until after the decision of ihe case now before the court. But 1 ‘understand that they tutend to urge the same objec- tions in those cases. We have no objection that they now stand over until a future time. There is, however, another matter, which is before us to-day. We had purposed to prepare an application to the court for an order appointing a receiver of property, amounting to several millions Of dollars of stock, which the par- ties have issued tn violation of this injunction. We propose, upon papers setting out all the facts and hustory of this gounerete and the violation of your Honor’s injunction, to ask that your Honor impound all the money that may be found and which has been real in this iniquitous undertaking. Mr. Rapallo—! have an order to show cause, made in the acuon brought by Richard Schell, which was not strained by the injunction granted by Judge Balcom; and rey to the = in- junction granted by Judge Gilbert, he granted that injunction in ignorance of the real facts, which were to a great extent suppressed when the application Was Inade to lim. These moneys have gone into the hands of various parties, some of whom are bona side holders, and it is necessary that some action should be taken tn order to prevent their being so disguised. that they cannot be recovered, Mr. Clark—As there is ho appearance of the defend- ants we are unable to serve them with order to show cuuse, Mr. Rapailo—We propose, however, if the court please, to serve copies on the directors here present and upon counsel in this court, and that is the best service we can make, Mr. Field—-Tp is an ex parte application, let it be understood, and we do not care anything ‘about it. The ae you make the case the better it will be in the end, Mr. Rapallo—! ask your Honor to make this order returnabie on Monday morning. The Court—] do not think it is necessary to wait ‘until Monday morning. You had better have it made returnable forthwith. Mr. Clark—We ask that that paper (the order to show cause) be served upon Mr. Diven, who is now in court. (Mr. €iark looked ‘n the direction where Mr. Diven had been sitting a moment before and looked astonished also; Mr. Diven was not to be seen.) Is Mr. Diven tp court, or has he gone into New ome d also? (Laughter.) Mr. Field—That is rather an extraordinary ques- tion. Mr, Diven is a gentleman without a superior in the State, and I think that there is no occasion oifered here to make any imputation against hit Mr. Clark—There is anotherone of the directors oe court, Mr. Skidmore; 1 want a paper served on him, Mr. Field—I cannot see that there is any need for mak! ng this imputation against Mr. Diven. Mr. Clark—Mr. Diven {s a gentieman for whom I have the profoundest respect, and | had no intention of making any imputation, only that 1 found that just at that moment when we wanted him he was it from the court. Mr. Field—That is suMcient; but the gentleman might reasonably suppose that there are occasions when Mr. Diven might have reason the court momentarily (enahter, going to New Jersey. (Interesting 5 Mr. Clark—if the court please, 1 now bring on the the order to show cause, returnable forthwith, it the Erie Railway Vompany and its directors, to show cause why @ sum of money amounting to Bere eenck, bo violasion,. of 9 should not be brought into court and into the hands of a receiver, Thg papers have of course not been coi or examined by peaponeatiaey in this motion this morning unless they were sent tothem, But Ido not propose to do so, nor do | propose to make any very elaborate opening regarding the extraordinary facts which these papers develop unless my adver- to go on. The papers which I set out the whole history of this litigation. They set out and show between the 3d and the llth days of March the issue of ten millions of dollars’ worth of stock tn violation of the order made by your Honor, dt is now floating in the community, and is either in the pockets of these entiemen or under their control, although some of it may be out of the jurisdiction of the court. pintee Barnard—Is there any objeciion to this ap- on * Mr. Field sat smilingly mn his chair, which was tipped back on its rear \egs, and looked composed in the extreme, but made no response to the inquiry of e judge. ‘The Court—Draw up an order appointing Geor A. Osgood receiver of this fund, with security in the sum of $1,000,000, and requiring these defendants to appear before a referee in regard to the matier. r. Fieid (rising)—The court will understand that this was ex parte, Mr. Clark—We have given notice, and therefore Us is not ex parte. Mr. Field—There has been no notice given; there has been no service. This is ex parte, and now if any One wili enter that order | want to see him do it. Mr. Fullerton (excitediy and earnestly)—I dare enter that order, and wili do it with your Honor’s permission. Mr. Field—May it please the conrt, there have been no papers submitted in this case and no afiidavita presented upon which this order is made. You have made it upon blank Lo and in complete absence of any regular proceeding whatever. wish to a, however, that just so sure as this proceeding ls being taken in this form a day of reckoning will as surely come, when these parties will have to answer before some one for this action. Mr. Fullerton (in a Senna, animated tone\—Let that day come and there will bea reckoning that you will have to bear, and ao will every one of those Men who have been engaged in this transaction. ‘The Court—Let it be inserted in that order that as fast as these sums of moneyc btained shall amount to half a million dollars they shall be deposited with the Union Trust Company. After some further unimportant discussion ‘the court adjourned and the large audience withirew. UNITED STATES DISTRICT COURT. The Chicago, Rock Island aud Pacific Railway : Case. Before Judge Blatchford, The case of Hatch vs. the Chicago and Rock Is!and Railway Company was up again yesterday on argu- ment in the United States. Cireuit Court, before Judge Blatchford. ue case had been originally in the State courts, but it was removed into the Circuit Court; and now a motion was made to remand the case back again to the State courts, and to dissolve an injunction which had been granted, calling upon the railway company to cancel certain stock which they, had issued for the construc- tion of a road from Des Moines to the Missourt river. Mr. Charles O’Conor, of counsel for the railway company, was heard at considerable length in oppo- sition to the motion for the removal of the case to the State courts. In the course of his remarks he asked was there anything tn the case that was an ob- stacle to the conduct of part of it in this court and as to the other part in the court below? Nothing was better settled in the act of 1789 than that if the interest of the party was distinct for the other skle, I don’t know that they feel an: regard to hearing and diferent he might remove the cause to this and Todd, is argument. ent. If court, He quoted the case of Beardsle; Circuit Court Reports, in support of The same rule was laid down by Chancellor this were not so one party might preclude from doing so by yoking another party with him Whom he had no connection. The whole ci was against the company. What treasurer of the railway Because he had mone; y a decree 0. court, might be used in redemption of stock, court was to decide what power this corporation had, and {f there was a decision against making the road, could they act get the funds out of the hands of the treasurer without making him a_ party to the suit? When the court which had jurisdiction came {to make a decree, al! those parties would be liable to answer to the court if they Dosikias, of any contempt of its orders. Mr. Hatch said to the Rock Island Chicago and Ratl- road Company, You are bound, as my trustee, not to make a road from Moines tc the Missouri river.” The railroad company deny the trust. They say, “We are not trustees for you to keep this money in our hands unappropriated; we are got bound to you in that way.’ The cases respect- ing the removal! of matters into this court were different. The constitution of the United States says that the courts of the United States may take cognizance of controversies between citizens of different States. The acts of Congress speak of suits between citizene of different States, but the constitution tock a broader view and referred to controversies. It cannot be denied that you may exercise an expres power and all other powers that are necessary to give effect to the expressed power. Let them taxe the case of a Wealthy New York merchant, whose resources are fronts pursuing a common practice, he admits into is firm four or five persons, little better than clerks. All these must be brought in aa copartners with him in any action he may bring. If he brings an action in New York it might be said that one of his partners resided in New Jersey. Unless the powers of the court were expanded to the measure of the constitution there might be a eup- possnie case in which those power# would be nuga- ry. He claimed that, under the ‘provisions of the constitution, there was no dificulty whatever in taking jurisdiction of a controversy between persons belo % to different States, pi ided Congress ave that power. He claimed also (iat there was no loubt about the removal of this case to this court, as this corporation was the only substantial defendant. The learned gentleman then pointed out the mean- ing and application of the acts of Congress on this subject, specially referring to the acts of 1866 and 1867. Not only were those directors of the company not pecessary to be present at any decision to be made against this corporation, they were not only not ne- cessary parties, not what were called formal! parties, but really and truly no parties atall, It was a mat- ter of the merest fancy and utterly frivolous to have them as parties to the suit at all. The act of Congress did not say that the court below shail order the cause to ve removed. It merely said that the court should not_go further. Judge Cardozo decided that Mr. Hatch"was a citizen of New York; that the amount in controversy exceeded $500, and accepted the security they gave. There all his func- tions ended. Down to 1866 Congress went on the principle of not taking up controversies, but merely dealing with suits and proyiding for removais, ax !t respected suits, and not in respect of the broader fleld of action—contro- versies, The act of 1867, an amendment to the act of 1866, seemed to have been stimulated by a strong desire to protect strangers from \ocai par- tiality and prejudice. It dealt with suits as suits and controversies aa controversies, and treated them as distinct and independent ud see the distinction drawn by the act of 1867 between suits and controverstes. Upon an aMdavit deciaring that there was iocal igs Perr the cause should be removed; but without slandering a whole commu- nity tn that way the case could be removed inte the Circuit Court, more especially where there were different parties to the suit. Mr. O'Conor having closed his argument some affidavits and 4 ar were read, after which the court adjourned. UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Judge Blatchford called over the bankrupt calen- dar yesterday morning and appointed days for hear- ing several cases which had been previously set down for Saturday, ™m the Matter of Israel Elias, a BOmkrupt.—in this case the bankrupt is under arrest and fn cus- tody, not actually an tntramurai prisoner, but in custody within the precincts of the prison and in the vicinity of the county jai!. He was held under arrest on three several actions, and counsel moved that he be relieved from arrest. The motion was opposed on the ground that the debts were con- tracted with the intention of defrauding his cred- itors. The judge said he should be satisfied on aii the bearihgs of the case before he would grant or refuse the motion. He took the papers and reserved his decision, Mr. R. W. Townsend for the bankrupt, Mr, C. H. Smith for the creditors. In the Matter of the Washington Marine Insurance Company.—In this case, on counsel being about to proceed, Judge Blatchford said that he had per- ceived {n previous proceedings that steps had been taken to dissolve the corporation of this insurance company, and {f It has n dissolved he could not see what he had todo tt, He had ordered papers to be served on the President and receiver. It appeared to him to be a questicn of jurisdiction, and he should look into it Counsel satd that the papers referred to by the Judge jad been served on , Garrison, the receiver of the company, and that fas the corporation had been dissolved on the 26th of Jast October, the papers referred to, bearing date the 9th of March instant, could hot de avatiabie, as the company was not then in existence. The papers were served, but not on the proper persons, the President and Secretary of the company. Proper service must be made. Mr. Jenckes and Mr. Nye for the Ocean Insurance y, of Maine; Judge Allen for the State of and Messrs. E. KR. Meade and 0, A, Seward for ©, K, Garrison, receiver of the Washington Ma- rine Insurance Company, of New York. Important DecisionThe Bankrupt Law as Applicable to Confessions of Judgment. Judge Blatchford rendered the following important decision yesterday in the matter of Asa W. Craft:— In this case a petition was filed by Hoyt, Carter & Co., Augtst 28, 1867, praying that Craft be deciared a bankrupt. The petition sets forth, as acts of bankruptcy, that Craft did, “in contemplation of bankruptcy, five to one Samuel Jones, one of his cred- itors, on the 3d of July, 1867, a confession of judgment, and on aaid day caused a judgment to be entered there: on to the Sheritf of the county and city of New York;” also that Craft did, in contemplation of bankruptcy, | Mr. Edwin James for the debtor, give to one Lewis Van Deren, one of his cred! on the 17th day of August, 1867, 8 confession, ‘and on said caused & to day cau: an reon to Sheriff; that confessions of judgment were given Db Craft to the creditors named with intent to them a preference and delay the operat the Bankrupt act; that the Sheriff has, under the execu- tions, levied upon the property of Craft and sold It to satisfy the executions in favor of Jones and Van Doren, that the proceeds of the sale of the roperty, amounting to over the sum of $5,100, has ny pe by the Sherif to Jones in part satisfaction of Jones’ judgment against Craft. On the return of the order to show cause on the petition, the debtor denied the acts of bankruptcy set forth and demanded a trial by the court, Thereupon the court, under section thirty- eight of this act, referred the case to a United States Commissioner to take testimony, offered either by creditors or debtor, upon the issues raised by the etition and denial. The Commissioner has ta- en and reported the testimony. The testi mony ts full to show that Crait was legally insolvent when he confessed the Jones judg- ment, and that after the sale of his property under the Jones execution he had no property whatever with which to pay his debts. The con- fession of the Jones judgment was made by Craft under pressure from Jones, the debt being one of long standing, and frequent demands baviog been made for payment of it, and legal proceedings on it being threatened by Jones, and he also threatenin, to foreclose a chattel mortgage which he hel on some of Craft's property. The proposal to confess the judgment did not emanate from Craft, but from Jones. Nothing was said between the parties about bankruptcy. Craft did not contemplate bankruptcy, and did not know there was such a iaw as the Bankrupt law. The debt to Jones was in all respects bona side and fully due. Craft could have prevented the taking of his property on legal process by going into voluntary bank- ruptcy, and, being insolvent, it was his duty to have done so, but he allowed his property to be taken by legal process. The result of this was to give a preference to Jones, The presumption of that law is that Crait intended to effect this result. It ts for him to rebut that presumption. He has not dene so, On the contrary, all the circumstances of the case corroborate it. After going very fully through the facts aud law of the matter, Judge Blatchford says the petition does not aver that Craft is or was insolvent, or con- templated insolvency. It merely avers that he did the acts alleged “in contemplation of bankruptcy.” Those words, as used in the Bank- ruptcy act of 1841 were defined by the Supreme Court tn Buckingham vs. McLean, (13, Howard, 1850, 167) to mean, in contemplation of committing what was made by the actan act of bankruptcy, or of vol- ditrlarie applying to be decreed a bankrupt. | think they have the same meaning as usual in the thirty-ninth section of the act of 1867, In such sense Craft did not commit this act of sutferance in contemplation of bankruptcy, It will not do to say that the act of making a transfer of property to be taken on lega! process, with the intent named, ts an act of bankruptcy, whether the debtor ts or ts not otherwise shown to be a bankrupt or insolvent or to be contemplating bankruptcy or insolvency, on the idea that the act “becomes, ipso facto, one in contemplation of bankruptcy, because,g it being an iact of bankruptcy, and thus being bankruptcy, the doing of it must have been in contemplation of bankruptcy, This 18 reasoning in a circle, and such a view would not quire that the debtor should even be insolvent or con- template insolvency, and would virt ly strike those words out of the section; for if it were shown that the debtor had done the act named with the Intent named, the fact that he had done it in contempla- tion of bankruptcy would follow as an inevitable Jegal conclusion, and {insolvency or the contemplation of it would never become an operation prerequisite. In conclusion Judge Blatchford holds that an amend- ment of the petition is proper to prevent a failure of justice. The decision on the petition and dental is therefore suspended to allow the amendment. Messrs. Benedict and Boardman for the creditors, MARINE COURT—PART 2. An Artistic Assault and Battery in Dodworth Hall. Before Judge Alker. | Margaret M. Johnson vs. Maria L. Thompson and j and then ctation, although aa yet but in its infancy, has made such gigantic strides during the past month that tt now pumbers about one hundred thousand mem- bers. It is purely of a local character and has 4] tea rolls some of the best known names in the Nine: teenth ward. It is proposed by this society to celebrate the anniversary of the natal day of Ire- land's patron saint by a grand ‘supper. ‘and ball, doth of which the ladies will grace with their presence, thereby making the evening's entertainment all the more enoyable. Scarcely two months oid, the or- genteaoy ig one of the most popular of its kind in this city. POLICE INTELLIGENCE. Tug Broapway DIAMOND ROBBERY.—An exam- ination in the case of the late robbery of diamonds at No. 422% Broadway, the ful! particulars of which have aiready been published in the HERALD, was set down for four o'clock P. M. yesterday, defore Justice Mansfield at the Essex Market Police Court, dut owing to the absence of matertai witnesses was post- poned till next Monday. A better planned or more brilliantly successful robbery the records of metro- Politan ¢eriminality rarely devel The fact of the two men who committed the robbery inquiring for Mr. Heitner, the proprietor of the store, or office rather, on the second floor, Mr. Heitner's place of business, completely put.the clerk in charge off his guard, Beside the showtase in which the diamonds were kept, one of the young men held up a news- aper, shutting off the view of the clerk, had fe been disposed to be any way watchful, and while pretending to be absorbed in reading its contents the other managed without dificuity to ex- tract the case of diamonds, and saying they would call again, they quietly walked away? the unsus- eting clerk having no idea of the robbery until Mr. eitner returned, an hour or so later, and made the discovery. The man under arrest, giving his name as James Keats, has since been fully identitied by the clerk, who further states that from the time these two men left up the time of the coming in of Mr. Heitner no other persons entered the place, The ac- cused denies most positively having been in the store, and says he can prove an alibi, Iv is said, nowever, that there are witnesses ready to testify that he has since offered some of the missing dia- monds for sale; and the presumption ts that the fine clothes he had on when arrested and gold watch and chain found in his possession are po proceeds of the gale of some of the diamonds, The oiticers who effected his arrest believe they are on track of his confederate, The aifidavit of Mr, Heitner gives thir- teen diamonds tn setting, including severai in clus- ters, and the aggregate value $2,697, as the number lost. ANOTHER TRANSACTION Diamonps.—On Friday afternoon John P. Werle, a young man tn the employ of Messrs. Wood, Aspinwall & Co., No. 2 Park row, appeared before Alderman Miller, at the Tombs, and entered a complaint against a man named Friedman and Joseph E. Isaacs, the latter a diamond broker at 11 Waverley place. From the afMidavit of Mr, Werle it appears that on Wednesday last Friedman called at the store of Messrs. Wood, Aspinwall & Co., and said he had a purchaser for some diamonds, and a member of the firm gave youug Werle $800 worth of diamond rings with instructions to go with Friedman and see ff he could sell them, but to either return the jewelry or its equivalent in money, Friedman took the young man to Thira avenue, but not selling the rings there Friedman inducec Werle to fo with him to the premises of Is: 11 Waverley place, where Friedman by 8 tained the diamond rings from the clerk, telling him at the same time to remain outside the door and he wouid go in and see if he could sell them, After remaining on the walk for a long time Werle went | into the place and there saw Friedman arranging for the sale of a portion of the rings (three worth $450) to Isaacs, when he (Werle) informed Isaacs that the property did not belong to Friedman, and that he had no right to dispose of it, demanded the return of the diamonds to him. Werle and Isaacs gave Friedman some money, and Isaacs told the clerk that he had pur- chased some of the rings of Friedman, The complain- ant, therefore, charges that Isaacs did buy and re- ceive a portion of the stolen property well knowing at the time that It had been feloniously obtained, On this complaint the Alderman issued a w: Jerome Thompson.—This was an action for assault and battery, The plaintiit, who is a dressmaker, testified that she worked two days for Mrs. Thomp- son, who Is the wife of the artist, Jerome Thompson, but that when she demanded her wages Mrs. Thomp- sop abused her, beat her with her fists and a broomstick, knocked her down, threat- ened vo shoot her, attempted to induce a policeman to arrest her, and finally finished up by making a correct and lifelike impression of her knuckies on her back, in true artistic style. Mrs. Thompson testified that the plaintiiT was abusive and did not do her work well, and said that she was so excited at the time she did not know whether or not she struck her. In attempting to reflect on the plaintiff's character irs. Thompson said that Miss ingen was in the habit of going to see the “Black Crook,” but on being cross-examined by Mr. Langtree, the plain- tuff's counsel, Mrs. Thompson admitted that she also jad been to see the “Black Crook;’’ but she added that her husband told her not to tell any person about it. Severai witnesses were examined in thé case, and their testimony was so conclusive as to the manner in which Mrs. Thompson chastised Miss Johnson that the jury rendered a verdict in her favor for $175 damages, and his Honor made an extra allowance of $25. SUPERIOR COURT—SPECIAL TERM. Decisions. Chief Justice Rovertson gave Judgment in the fol- lowing cases yesterday morning:— Sarah Pendergast vs. Joseph Jackson—Motion for reference granted and referee appointed, T. Kastnor Bennett, Recetver, vs. B. B, Roche et al,—Judgment to be entered in accordance with the Teport of the referee. Peter Martin, Administrator, vs. the Dry Dock and East Broadway Ratlroad Company.—Motion granted without costs. W, C. Gaepin vs. L. F. Harris—Motion granted. Ferdinand vs. W. H. Well, et al.—Motion gtanted without costs. Letty Waliace vs, Samuel Shapter—Motion granted and proceedings stayed. Randolph Furth, Baministrator, vs. Thomas Fos- ter—Motion granted. Thoinas Casey, Administrator, vs. Thomas Fos- ter—Motion granted. Montz von Brunt et al. vs. Frederick M. Payter— Motion granted. Henry Tander vs. Henry Meyer—Motion for refer- ence granted and referee appointed. SURROGATE’S COURT. Wills Admitted to Probate. Before Gideon J. Tucker, Surrogate. The following wilis were admitted to probate during (he past week, viz:—Of William Rockwell, Jala A. Bogert, John Buckingham, August Schultze, James Fellows, Christian Brod, Mortimer W. Hamil- ton, James C. Baidwin, James Taft, Jason L. Pendle- ton, John McAdam, John 8, Bowles. Letters of administration were granted on the fol- lowing mentioned estates:—Of Felix Plata, William A. Dorset, George Dalton, Andrew Eacie, Ellen Pig- gott, William Cotter, eg Enright, Margaret Gran- ion, Thomas Hennessy, William Horn, Margaret K. Jayne, Henry Bunzenthal, Jacob Krelibei, John Long, Louis Merker, Jolin Nolan, Catharine Scanion, Emma Baer, Sophia Faist, Lucien King, Timothy Murray, Jas. McDowell, Maria Kappan, Frederick Schepperll, John Axren, Frederick Bikel, Thomas Charles, Louisa Bd- wards, Lena Tucks, Adelaide Lunney. Edward Connolly was appointed guardian of Edward and Francis Carroll; Margaret McGovern, of William, Patrick, Mary, Anne, Joseph, Mar- 1 Catharine McGovern; Levi verte of Shaughnessy; Elizabeth H. Scott of Nora Pirpon of Louis F, Pirpon; Julius Ratzenberg of Moses Nordlinger; Elien Hope of Margaret Scanlon; Wm. N. Blakeman of Mary N. Blakeman; Elizabeth Gardiner of Jeanette Gardiner, CITY INTELLIGENCE, TH BOARD OF EXCISE AND THE LIQvoR DRALERs,— ‘The liquor dealers may be surprised to learn that the Board of Excise has now on hand a sample of all the liquors in their various establishments, which liquors are now undergoing analysis by a chemist who is to make avery full report upon the ingre- dients of which the spirita consist. This report will make & vey sensation when made public, and cer- tain facts will be revealed, judging from ent in- dications, which oo f have the effect of materially swelling the ranks of the temperance societies. Tue License BUREAU.—The following ts a list of licenses {ssned by Marshal Tappan, of the Mayor's office, during the past week:—Second hand dealers, 6; expressman, 17; venders, 48; public carts. 45; dirt carta, 45; drivers, 0; porters, 4; coaches, 3; boarding house, 1, Total, 199 Fines collected, $36. Total amount collected, $441 25. City MorTALITY.—The number of deaths in this city during the past week was four hundred and sixty- four, being eighteen less than the previous week. PREPARATIONS TO CELEBRATE St, PATRICK'S DAY.— Under the Presidency of John R. Brady, the Friendly ‘Sons of St. Patrick will celebrate St. Patrick’s Day on Tuesday next by a grand banquet at Del- monico’s, corner of Fourteenth strect and Fifth avenue. The Friendly Sons of St. Patrick it need acarcely be observed, is a very ancient and a respectable , belug now in the eighty- fourth year of ita existence. Among its numerous members are some of the most eminent and distin- guished Irishmen in this city, and the manner in which year after year the annive; of the patron saint of the Emerald Isle is celebrated, shows that the memory of the great apostle is yet fresh and pa the hearts of his patriotic dren. It ia Intended that the warm and social reunion on Tues- day evening next shall not be inferior to. the many if suoh be the case Biotnenr litte shumnrodks™ suitably Immersed with all the exuberance and enthusiasm character- fatic of the Irish race. ‘St, PATRICK'S SHAMROCK AsSOCIATION.—This asao- and yesterday morning ofilcers Hayes and of the Second precinct police, arrested I took him to court. He was committed to the To for examination in default of $1,000 bail. Friedman is still at large. A Cass OF STREET RoBBERY.—About half-past twelve o'clock on Friday night Charles F. Algower, living at No.9 Frankfort street, was sitting on a stoop adjoining his residence, when a man, said to be John Cranley, came up, and snatching his silver watch, worth $35, from his vest pocket, ran rapidly away with it. Mr. Algower gave the alarm and pur- sued the fugitive into the park, where he was arrested by oiticer Hill, of the Twenty-sixth precinct, 5 oS — ———— — Ra The New School im the Eleventh Ward. Notwithstanding the fact that certain extraordi- nary statisticians have demonstrated that the num- ber of children attending the pubile schools in this city has not increased during several years past, it ig most wonderful to observe that at present there cannot be had accommodations enough for the children applying for admission to the schools by thousands. This 1s an alarming state of affairs. Can it be that the school buildings have been shrink- ing with such fearfui rapidity that such numbers of children are now crowded out? The tables by which were shown that the number of pupils and appli- cants had not imereased were very carefully prepared and had obtained the signature of a worthy cttizen, who was formerly a mem- der of the Board of Education, and who now k2 that the streets of this city are kept clean. But despite the caicuiations and circumlocutions of the technico-mathematical wiseacres, the citizens, no: Mirough any association, but directly and con- complain that there is absolute need of tnuaiiy more, a: tions, and are importuning the Board of Education to take speedy aud decisive measures to secure the peopie the boons so eagerly sought for. The Board of Education, therefore, during the past year purchased sites for new school houses in the following localities:—Fourth ward, three lots and building on Roosevelt street, near Cherry; Thir- teenth ward, one lot adjoining Grammar School No. 34, on Broome street; Sixteenth ward, three lots on West Eighteenth street, near Ninth avenue; Twen- tleth ward, four lots on West Thirtieth street, near Seventh avenue; Twenty-first ward, two lots on East Twenty-eighth street, rear of Grammar School No. 14; Twenty-first ward, four lots on East Thirty. second street, near Third avenue; Twenty-second ward, six lots on West Fifty-second street, Dear Eighth avenue. . Besides these the following mentioned schoo) houses have been completed and occupied during the past year: ‘ifth ward, primary school house in Vestry street; Ninth ward, school house for grammar and primary departments in Greenwich avenue; Tenth ward, primary school house in Hester street; Eleventh ward, primary school house in Second street; Seventeenth ward, enlargement of primary schoo! house in First street; T'wenty-second ward, ut of school house for grammer and partment in Eighty-second street. ‘© hew school houses, one tn the Twelfth ward and the other in the Twenty-second ward, were com- menced during the year past, but are not yet com- pleted, the former on 115th street and the latter on Fifty-second street, besides which additions and alterations were made to school buildings in the Sixth, Seventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, seventeenth, Bighteenth and Twentieth wards, to increase their capacity, ventilation and safety. But these alterations and additions could not suilice to accommodate the increasing number ot applicants, and the Board has under way proposals and plans for new school buildings to be erected as follows:—A new primary school building on Roose- velt street, in the Fourth ward; a new building for grammar and primary departments on West Bigh- teenth street, mm the Sixteenta ward; a new building for grammar and prin departments on West Thirteth street, in the ‘'wentieth ward; @ new pri- mary schoo! building on East Thirty-second strect, in the Twenty-first ward; a uew building on tue site now occupied by ward scliool house No. 36, in the Eleventh ward, and a new building for colored school No. 3, 5 Additions are also to be made to school house No. 12, in Seventh war rimary school house No, 29, iin the Eighteenth ward, and primary school house No. 27, in the Twentieth ward, With these new school houses and the alterations and additions to the old ones, accommodations for at least ten thousand—and a proper estimate shows that room for that many ts tmperatively demanded— will be provided, All the plans, specifications and matters appertaining to the building and repairing are prepared at the all of the Board under te per- sonal supervision of Mr. James L. Miller, Superin- tendent of Buildings and Kepairs, and for many ears chairman of the building committee of the joard, and who, in addition to a tuoroughly profes- siona! competency for the position, gives lo the work under Lim a consideration generated by many years’ connection with ¢ducauongl interests and a roper regard for the health and comfort of Bork pupils and teachers. Among the con- templated buildings above mentioned the one and taken to the City Hall police station. Cranley ‘was there searched, but the missing timepiece could not be found. The accused was eee arraigned before Alderman Miller, and being fully identified b; the complainant, was fully committed for triai. Cranley is twenty-five ag of , & gasfitter by oc- cupation, and lives at No. 195 avenue A. MUNICIPAL AFFAIRS. Meeting of the Board of Aldermen. This Board convened yesterday, pursuant to ad- journment, at two o'clock, but nine members only answering to their names. This was a quorum, but nota working quorum, and nothing in the way of appropriating money could be done with less than thirteen members. Several resolutions were pre- sented, relating chiefly to the opening and grading of uptown streets; another directing the erection of @gasiamp in Chatham square was referred to the Committee on Lamps and Gas, and one to pave Maiden lane from Broadway to South street with Nicolson pavement was referred to the Com- mittee on Street Pavements. A motion was made to the effect that when the Board adjourn it does so to meet on Monday attwoo'clock P. M. This motion was carried and the Board took a recess until four o'clock, in the hope that by that time members enough could be found to scatter the people's money with a semblance of legali Four o'clock came, but with it no quorum. Half an hour passed and the roll was called, when four members answered with all possible dignity to their names. The Board was then declared adjourned to Monday at two P. M. ‘This apparent apathy on the part of the mem- bers of the Board may have arisen from the fact that their efforts to get a working quorum on Tuesday evening were not successful. The illustrious city fathers on that evening, after holding a meeting late in the afternoon, convened in special session shortly before seven o'clock, At ‘that time the City Hall is generally deserted, but a certain tissue paper reporter, thinking he had dis- covered @ mare’s nest, made his appearance with the intention of acting asa “tribune” of the “times” and pendouw "y toeverybody underthe “sun” the stu- ndous “job” which the Aldermen had hatched. ut the only business transacted was the introduc- tion by Alderman Hardy of a resolution to flag a por- tion of the sidewalk in Tenth avenue; by Alderman Moore, to flag portions of sidewaiks in Kector street and Greenwich street; and by the champion of the Chureh street extension, to pave with Belgian pave- ment Fifty-sixth and Fifty-seventh streets, from Third to Sixth avenue; Fifty-eighth street, from Lexington to Sixth avenue, and Seventieth street, from Third to Fifth avenue; and the calling up of General Order No, 296, which directs the laying of wooden pavement in Seventh avenue from Fourteenth street to Fifty-ninth street, at a cost not to exceed $6 per square yard. This re- solution had been previously passed by both Boards of the Common Council, but vetoed by the Mayor. It was adopted over the veto by the Board of Coun- cilmen, and as the matter had been all arranged it ‘was readily passed, “the objections of his Honc Mayor to the contrary notwithstanding.” The ac of the Councilmen was concurred tn by the Alder- men, tweive members voting in the affirmative. Had there been but one more mermber present—to make the required baker's dozen—it ts feartu! to contem- plate the {mmensity of the corruption which the tis- sue paper reporter would have bad to record ea Board of Councilmen. The Board met yesterday afternoon, the President, Mr, Stacom, presiding. THE GREENPOINT FERRY. The Corporation Counsel in reply to a resolution of inquiry states that in the franchise of the Tenth street and Greenpoint ferry there are no particular clauses referring to the times of running the boats or to the charges to be made to passengers. The paper vas referred to the Committee on Ferries, REMONSTRANCES AGAINST THE NICOLSON PAVEMENT. A number of remonstrances against paving Irving place, Lafayette place and 126th street with Nicolson pavement were received and referred to the Com- mittee on Streets. REWIEW OF THE IRISH SOCIETIES, The Mayor and Common Council were invited to review the Irish societies on St. Patrick’s Day, ip front of the City Hall, at half-past twelve b M. ‘The invitation was received and pi file. THE 8KCOND AVRNUR RAILROAD SWITCHES, FTC. The resolution presented at the last meeting tn favor of repealing a grant allowed to the Second Avenue ad Com: to lay down switches and turnouts in Sixty-third and Sixty-fourth streets, was called up and occasioned a iively debate. it was finally ordered that the Commitiee on Rail- roads be compelied to report on the majter within two weeks. ‘The Board concurred with the Aldermen in rescind- ing @ resolution heretofore adopted, directing that the Ninth avenue, from Fourteenth to Twenty-third street, be ah Aas Belgian pavement. iG LEXINGTON AVENUR. tnat Lexington avenue, from Fiky seventh Yo Six venue, yy -seven' ty- sixth atroeta, be paved with Belgian pavement. K é “ay FAYSMRNT, als ‘Third to Fifth ave” with the “Brown datter™ pavement, was int and referred to the ap- riate committee. twee adjourned till to-morrow (Monday) at furthest on the way to completion is that to be erected tn the Eleventh ward, on the south side of Ninth street, near avenue C, on ige place now occu- ied by school house No. 36, The ground in that ocality, as {8 well Known, is made ground, and the drainage is most beautifully lmperfect. In addition to the danger to health arising trom this imperfect drainage, the present school building {s an old, rickety concern, and altogether unsuited to the Tequirements of a school in such a populous and rowing neighborhood. The building proposed to erected is to be a model in regard to neaung and ventilation, as weil asa specimen of architectural beauty and completeness of detail. The lot is one hundred feet square, and the main building will be filty leet front by ninety-five feet deep, with two wings front and two wings on the rear, each twenty- five feet by thirty-four. ‘1here will thus be presented a full front of one hundred feet, four stories high, with Mansard roof and a handsome tower above the front entrance stairway. The front, built of fine Philadeiphia brick, relieved with cleanly cut trim- Tings of brown stone; circular heads ou the doors and windows, and the entire, combining the useful and beautiful of several styles of architecture, will tend greatly to beaulily the iocality, 1 consequence of the fact that the ude rises very hearty Ww the building, the cellar must be built a few feet above ground. This necessitates an elongation of the entrance doors to avoid an outside sivop, and the first floor is reached by #suiall flight of steps inside the entrance, The cellar will be seven feet tiree inches in height; the first door nine feet six inches in height, and tue second, third aud fourth Moors fourteen leet Unree incies in height. The ceilar will be entirely devoted to the sturuye of fuel and foundations for the columns throughout the buliding. The first floor will be devoted to the use of the janitor and as a play ground forthe ciiidren, The second floor wil be devoted to the use of the prunary department, and is so arranged that twelve hundred cluidren can be comfortabiy seated. The third floor will be devoted to the female grammar departinent and tue fourta to the maie deparunent. They will eacn contain ven class rooms and will each accommodate five nundred pupils, ‘The upper floors Will be reached by meaus of jour stone stairways, built in suort Migits, so that the fatigue cousequent Upon going Up or down stairs Wii be greatly les- sened. From the tlants’ gallery there will be two additional wooden stairways to ile play ground, so coustructed that the larger pupils canuot tateriere with the infants in goiug up or down siairs, The water clogeis will be built on the first floor, between the wings on each side, and in each wing a fue will be constructed trough which the eitiuvia wiil be carried oi, while under tht flooring the water will be continually washing througa the channels into the sewer. itis proposen to heat the entire building with stoves of such con- struction that a fire can be kept coutinually burning if desired, and that but one and a halftons of coal, onan average, will be used im each stove in au envre year. This pian obviates the necessity of expensive and dangerous boilers or furnaces in the basement, and, togecier with the tron plates which it is proposed to insert in the floors and walls in the | ity of the stoves, will cust not more while a complete he pi air or steam apparatus w 00, ‘The ventilation will be pro. ustructed through the bu mnenckig ta cold cured by suvir live sets of fucs, ¢ flooring, e foul Will ve tn the fron plat e slove. By this means tue cold air ts | such & point that no person in the roc xdered uncomfortable, Wile the througuout will be made even, The | be made more per! by means of dues carried up to the garret there con- ing witt ajarger flue which is carried through roof and surmounted by a large archimedian Ventliator. Over cach platforin on tie stairways will be an open flue, 0 that in case of fire the exit by means of the stairways cannot be cut of by u smoke. ‘The plaus aud specifications in all depart. ments cail for the very best materta.s and duish, and the building w’ vinpleted, without the furuiture or heating apparatus, will cost §88,000, Thus it will be seen that it ts iutended to make this buiiding us nearly perfect as possible, and it wii uo doubt prove to be highly benelictal as well as satistactory to the residents of the Kieventh ward, both old and young. REAL ESTATE MATTERS Even Saturday, which whilom was a day of rest from reai estate speculation, has had its prescribed sacredness invaded and become, as other days, an occasion for profit and investment, The following sales occurred yesterday at the Commercial Ex- change, Fulton street, Brooklyn, by James Cole's Son:—One lot on the corner of Second avenue and Eighth street, 26x95, purchased by J. M. Greenwood for $375; two lots adjoining the above, 25.1)¢x100, purchased by William Pattern for $350 each; two lots on Ninth avenue, 140 feet from Second ave. nue, purchased by Joho J. Drake for $400 each; one lot on the corner of Second avenue and Ninth street, 25x95, purchased by John J. ke for $450; one lot adjoint the above ‘on Second avenue, purchased by John J. Drake for $825; next lot, 25x05, purchased by Wm. Pattern for $600; one lot adjoining, the same dimensions as the above, purchased by Wm. Pattern for $360; two lots adjoining, purchased by Wm. Pattern for each; one lot on Second avenne, twenty-five from Eighth ‘S purchased by Wm. tern $276; one lot on Ninth Bey ten bard i a avenue, 26x100, purchased by house and lot on Franklin avenue, 475 feet south Willoughd; lot purchi . Young for saigu |”) “a1 Purchased by Me