The New York Herald Newspaper, October 28, 1868, Page 5

—_—-_——— NEW YORK CITY. UNITED STATES COMMISSIONER'S COUAT. fhe Alleged Naturalization Fraud Proseca- tien—The Government Calls No Witnesses, But Rests the Case—The Defence Insists on the Production et Marshal Murray—Motion te Dismise—The Legal Arguments. Before Commissioner Osborn. ‘The examination in the case of the United States ve, Benj. B. Rosenberg was resumed yerterday morn- mg at half-past ten o’clock, according to adjourn- ment. The court room, as on the first day of the examination, was crowded in every part, and the greatest interest manifested in the proceedings. The prosecution was represented by United States Dis- ‘trict Attorney Samuel G. Courtney, James T. Brady, William Fullerton and John Sedgwick; the defend- "ant by associated counsel, A. R. Lawrence and H. C. Barrett. When the Commissioner had taken his seat, Mr. Courtney sald:—Your Honor, the evidence on eur side is all in and we here rest the case for the Prosecution. MUD PRODUCTION OF MARSHAL MURRAY INSISTED ON BY THE DEFENCE, Counsel for the defence addressed the Court, say- $g that on the part of the defence counsel did not ‘waive the right to insist on the production of Mar- shal Murray for the purpose of cross-examining him, With a view to accelerate the matter Mr. Lawrence in the opening motion to dismiss the compiaint based his motion on the law, The law ‘With regard to the case is perfectly plain, and we Were 80 anXious to save the time of the Court that We did not deem it necessary to press the evidence farther, at all events til! we shall have had the de- cision of the Commissioner on the motion which we have submitted. If the Commissioner overrules that motion—to put Mr. Murray on the stand for eross-cXammation—but to forego that now and to shorten and accelerate this case we propose to move the case to be dismissed, and on that motion to sub- mit the law of the case, 80 that the Court may be- eome familiarized with our views. Mr, A. R. Lawrence asked the indulgence of the Court for atew moments while his law books were being brought into the court room, ‘Mr. Courtney, United States District Attorney— Isuggest to the Court and to the learned counsel on the viher side whether it be worth while at this stage of the case to take up the time of the Gourt in dis- eussing ihe question of law ona motion to dismiss these proceedings; would it not be betier to corptete the evidence now and at the conclusion of the testi- mony to submit a motion generally. I merely make the suggestion, Mr. Lawrence—We propoee to follow the example get by the prosecution and conduct this examination im our own Way. Mr. Courtney was not aware that the learned counsel (Lawrence) had (lie conduct or control of ihe ease, or could determine how it should be conducted, ‘The Court, if it thought proper, might sit all day and isien to long debates and resume the case at its proper siage afierwards. He made the motion in good faith and to save time, Mr. Lawrence said he was not going to speak all @ay. He would address tie Court \ery briefly. Tie motion he was about to make he would make in perfect good faith, and he deemed it ais duty to his client to make it at this time, Tie Commissioner—The defence is entitled to Make its motion to dismiss now. MOTION TO DISMISS, Mr. Lawrence—I now move that the compiaint be dismissed. Counsel then proceeded with argument 4m support of his motion. He said:—Your Honor, eoinciding as you do in our views yon will tind this motion has been very carefully prepared and that the utmost good faith has been observed in pre- paring it for argument, so as not to take up the time of the Court unnecessarily. I move to dismiss the proceedings on the ground that the act of March, 4, 1813, under which the Proceedings are instituted and the compiaint Made, has no application to the case before the act, even conceding that every fact charged has on proved, The Court will in mind that this statute is not only a penal statute but also a criminal statute and that, therefore, it lust be strictly con- e@trued. It is nom remedial statute which can be Uberally or equitably construed. But being a statute which imposes a penalty and affects the liberty of a eee in order to entitle the person to be held under hat statute he must be shown to have done some act which comes clearly within the provisions and terms oi the statute and, therefore, he proposes to direct the attention of the Court for a few moments to the staiute and to show that it Was mot designed to megh any such case as hae been presented by this prosecution, In the first jace, he Would direct the attention of the Court to ¢ title of the act, The act is entitled “An act for the regulation of seamen on board the public and private vessels of the United states.” All its provi- sions, counsel contended, were directed to the pre- ‘vention of the employment of any other persons than citizens, either native born or naturalized or native persons of color, on board the public or private ‘vessels of the United States, He did not wg eo it was contended on the part of the prosecution here that the defendant was either a@ seaman or a sailor on board of any such vessel or ‘veasels, or that any act which he has been proved to have done or committed was done with reference to putting any person or individual on board any such ‘vessel. In the next place counsel directed the attention of ‘the Court to the time and period at which the act was passed, It was passed on the 3d of March, 18: view of the fact that the war which had been exist- ing between the United States and the kingdom of Great Britain might shortly be brought to a close, ‘The first section of the act provides that “from and after the termination of the war in which the United States are now engay ith Great Britain it shall not be lawful to employ on board the public vessels of the United States any person or persons.” &c. Counsel argued that this first section was the key- note to the teiorond act. bi od ep igned to revent the employment of persons, &c. = Counsel read the frst, second, third and fifth sec- tions of the act, ail bearing and all included in the text of the act, and then proceeded to quote the sec- tion of the act under which the prosecution is based ‘and which was quoted at length in the HeraLp on the first day of the examiuation. Counsel then od:—It waa very evident, he said, that the cope and object of this act 1s directed to the prevention ot of persons who board revention of the employmert The vessels of the United States who were not citt- gens, &c., and as the stasute is a criminal statute, if he correctiy understood the rules of construction which are eager to such statutes, it cannot be stretch or strained, oy implication or be made to mean or be directed against any other thing than that which is referred to in the ttle and other provisions of the act. There is no charge here that Rosenberg or any of the parties to whom he is aleged to have jaiscly issued certificates was @ sailor or seaman or desired to become & sailor or a seaman on either the public or private vessels of the United States. Looking at the act in all its bearings and provisions, its whole scope and theory, counsel could not see how such a prosecution could be founded or sustained on those provisions, He hud looked over the act with as mach care as he could devote to the case during the limited time he bad for examining tt to see on what rovisions of the act this prosecution bad been initiated. He had looked in vain to see how the act applied in ate case charged against his client. He admitted looking over Brightley’s Digest he had discov ference to a case which the foot note stated had been decided in the month of June, uo ed in @ publication called the “pittaburg Legal Jourral,” in which the court ts siated to have decided that this 13th section of the act ‘of 13th March, 1813, was general in its provisions and meral in its application. But he (counsel) had n engaged from the day he found that reference to tls day in pursuit of this book, in endeavoring to find tt, and his pursuit had been in vain, though he had visited all the law and public and private libra- ries to which he had access. He had been unable to find the authority there referred to and which he had quoted either in the United States digests or the recent publication of Allen, and it seemed to him, therefore, that if that was the case on which the rosecution rested it was @ case which was entitled no authority and no respect and is not to be re- ed as authority in this proceeding, particularly when the act itself isso clearly an act directed against a special class of offenders and not an act of general application. It seemed to him also that in a prosecntion in the United States courts the rule that a criminal statate should be strictly construea applies with much ter force than in the State courts; for, if he un- stood correctly the law in reference to the criml- nal jurisdiction of the courts of the United States, Dut with a very few exceptions, the jurisdiction of the United States courts is derived from a statute ‘and not from any expressed constitutional provision. ‘Therefore he claimed if in the State courta, the or- Ainary courts, the rule is so strictly followed in ref erence to the construction of criminal statutes, which fare guarded by consutational provisions on the sub. ject, it seemed to him that it should be more closely ‘and stictly followed here, where almost the entire jurisdiction is based on stavutory legisiaion and Counsel's next groand of argument was that even ff this act could by any Be get by auy t or torture of , be je an act of general ap- ication and referred to general questions, the sec. Bon ‘under which this prosecution is conducted and based has no application to anything that has been shown to the court, This section provides that if ‘any person shall falsely make, forge or counterieit, Or cause or procure to falsely make, &c., any certifi- cate or eviaence of citizenship, referred to in the act, or shall pass, utter or issue any faise Or forged or counterfeited certificate of citizen ship, or sell or dispose of any such certiticate, , that person shall, &c Counsel then argued that his client had not violated the act in any of thes particulars, He deemed ft useless to refer his Honor to authorities on the question of the construction of the law, but if the court deemed it yd he would hand up his points in the case, tit seemed to him, taking the ordinary eiemen ary rule of construction in reference to the siatut there was nothing in the case presented to his Honor ‘which could justify the Court in going oue step Sur NEW YORK HERALD, WEDNESDAY, OCTOBER 28, 1868.—TRIPLE SHEET. ther with the oe. moved rs He, therefore, in conclu- his cent be dixcharwed, for the prosecution, opposed the he said, was m pase at : a page would be seriously made. The broad proposi- ion was taken by the defence that the nck of 1818 had no general application, but was to be confined persons named in the title of the act, sailors, But it did not follow that une statute was tobe so limited. It frequently happened that rred to subjects not! indicated in of exchange and promissory notes” the Legislature should provide that a man guilty of murder should be hung, at would certainly be no Teason to say that no man should be convicted of murder unless the offence grew out of the m: Ot bills of ex- change or promissory notes. If he known that counsel for the defence would have taken that position he could have reierred to @ number of Btatutes containing provisions not german to the title. ‘The provisions the act of 1813 had al) been re- pealed sxcapk the thirteenth section and, perlal auother, WI meaning was to be attached what inference Rpts from Hes? eT) it just ae same precisely a8 gress ‘an origini act containing the thirteenth section and no other. All the provisions with reierence to the employment of seamen, to their character, to the persons who might employ them, were repealed, clean gone, leav- ing the thirteenth section standing, which aiixed a punishment to forging, altering or falsely making naturalization papers, and which was applicable to all cases that might possibly arise. It seemed very clear, therefore, that the statute of 1813, especially afier the oe of the other sections, was one of general application, caiculated and intended to em- brace all cases of the characier of the prosecution. In Brightley’s “Digest of the Laws of the United Staves,” which was regarded as good authority, the vompiler had evidently taken that view of the case—that the thirteenth section was general in its ap- plication and was not contined to seamen employed ‘on the public or private vesseis of the United ntates. Could it be believed that Congress intended to a@nact amixmig a punishment for a distinct class of citizens and leaving ali other classes to fulscly make, forge or counterfeit naturalizauon papers at their wil and pleasure? ‘The tuing was preposterous. ‘The notion could not be entertained for one moment by gentiemen over-zealous im defence of their client. Had the defendant violated the statute of 1813? ‘The evidence was tat the persons who had been on the stand as witnesses had gone over to tie defencanv’s Place of business, where Laturalization ceruicates were made, dispensed and handed out, and applied for naturalization papers for various persons named, all of which persons were fictitious, The certiileates were inade out and furnished, Were tuey not faise? Were they true? ‘They ceriainiy were notirue, ‘Tuey contained on their face a falseigod, There were no SUCH Persons in eXisience as tie persons named. ‘They were, thereiore, in every sense of the word false certulcates. But tere was no evidence, said the counsel for the defence, that the signature of the County Clerk was not genuine, or that the seal was not the genulue seal of the court, It became the duty of the deichce Lo SuOW that tue signatures and seals were genuine, ‘the inference to be drawn from the fact that tne certiucates were obtained fom a lager beer saioon was that the sig- natures aud seals were spurious and and it remained for the accused to prove that they were genuiue und real, and not faise, it was true Unat the act under which tae prosection was brougitt Was @ criminal, & penal act, and that it must be con- sirued stricily; but at the same tine it was Dot to receive such @ construction as would open the flood- gates of crime and permit individuals to forge or aiter naturalization certificates, without beiug ex- posed to punishinent, Lt was to have a reasonable construction, 80 a3 to make it Teach those Cuses to wh.ch Congress had intended it to apply. Counsel for the defence argued in support of the Motivn, quoung the various tegisiation of Congress on the subject of uaturalization to prove that the certiticates charged #3 being false and spurious were Rot provider! for in such legisiation; that uney were extra oificial, and that, even if they were forged, no prosecution ior such forgery weuid lie, any more than a prosecution for perjury wouid lie in the case of a seul-rmposed oatin. Mr. Fullerton remarked that this was an entirely new puint. Counsel for defence remarked that the prosecution had had a‘chance to argue its case, Mr. Fullerton repeated that no such point had been raised when the motion to discuss was made, sod counsel lor the prosecution claimed the right to reply. ounse) for defence remarked that the prosecution had attempted to dwarf down the defence to ltlipu- tuan dimensions, and that the prosecution snouild, in ats turn, be dwarfed down. 3 ‘the Commissioner said he would hear what coun- 8ei might have to say. ‘Counsel for defence continued his argument in en- forcement of the point indicated, He shouid like to hear counsel for the prosecution on the point whether if certificates are forge. which, if genuine, would have no legal validity, that constituted a for- gery within the meaning of the act of sd March, 1814. He understood that the certificate must be such as if @ renuine original act, would have some legal valid- ity. It was an elementary principle of forgery that Where an instrameut was void on its face there could be no forgery predicated on it. Here was an attempt to [ser poor'y forgery on @ certificate which Was recognized and known to no law, The charge, therefore, was in limine perfectly absurd and pre- posterous. He contended that tne court must be informed by the te-timony for the prosecution how the fraud Was accomplisied. The defence was enti- tled to know that. Was it done by false principals and false witnesses, or was the judicial inajesty of the great State of New York to be arraigned? That ‘was the question the defence wanted to have an- swered. Was 1t to be understood that Rosenberg, with staffed carcases, had imposed on the Supreme Court of tne State of New York, or that ma- jestic tribunal had draggied its garments in the mud ofspolitics for mere partisan purposes? Let the prosecution say what ground it took. If it said that the i Te ‘Court couunitted the crime then it acquitted Mr. Kosenberg, and if tt said that he committed the crime then let it be proved upon him. Was it charged that a State tribunal, without rincipals, witout witnesses, for the mere asking, had oecome the mill in which tuat iniquitous flour was ground ow? He asked the prosecution to deal witi the subject in candor. Was it at Rosenberg or at the judge who held the Supreme Court that the prosecution was aimed? He asked his Honor to push the prosecution aside with the same nausea and repuisiveness with which he would reject the odor of arotten egg, uuless it came before him as & rosecation should do. Had it ever been heard of Eoroce that a citizen who had in his possession a reg- warly certified judgment of @ real court of justice had to prove, in his detence, that the court had not ronounced the judgment contrary to law? He had eard of @ ruie like that being applied to the thier who was found in possession of stolen property. Here was a man found with five certificates, which the prosecution had not dared to asperse because it knew they were genuine; and yet the defence was expected ‘to goon and show that the court which had rendered those judgments had Payee ace cording to law in their rendition. He had always understood that the judgments of courts of general judicature proved themselves. He would illustrate is argument by a reference to judgments in divorce. They all knew that such judgments were often pro- cured by getting some perjured wretch to swear that he had served initiatory process on the wife. ‘ihe wite made no pearance, and the judgment went by defanit. Had it ever been that the man who produced the judgment was charged with forging it? He would snggest to the prosecution tie correct principle. What crime hi the husband committed in obtaining such @ false judgment of divorce? Subornation of perjury. But had it ever been said that because such judgment had been ob- tained through subornation of perjury and perjury, the husband was, therefore, to be treated as using the hand of the court felontousiy to bring into bein; what nad no legal or moral foundation to build itsel; upon? Sohere, if Rosenberg suborned princi and false witnesses why was tt not proved? ‘was hits only crime. the court ordered on aper arbitrarily he bad committed po crime in tue matter, and if there was any accountability it was on the court. The was one which the court alone could commit, After further ampiifyit ‘and arguing these severat poiuts counsel conclud by submmliting that the motion to dismiss the prose- cntion was well jounded, and that the reasons for sustaining the motion were perfectly unanswerab'e. Mr. B: rose and replied—He sald counsel on the other side made an unusual complaint that the prosecution had occupied but a very brief time in putt taeir case. They would not complain that cow had on his side occapied so much time, as he had certainly exhibited all his neual ability and research. He must be permitted to that coun. ‘hat say sel, however, even in his love of the study of criminal law, had been led away from the simple question which at this particular junction of the case they were called to decide. In reference to what counsel had termed the magnificent tribunal—that is, the Supreme Court of the State of New York for this ju- dicial district -if he referred to it at all 1b was be- cause he been invited by oereans, coun- sel to do so. Counsel had argu as if this was a prosecu was not there to arraign never would except on sufficient evidence, knew all about the magnificence of the Supreme Court of this State in its ancient and present hist It was the successor of the old and higher Ei courte—the successor in this country of the icing and Queen’s bench—the highest tribunal in this Stave, Ite historic and judicial dignity if he should gay it was a thing of the fad it might be deemed a slander of the present. It has been argued on the assumption thatthose papers were gend@ne in all re- spects but one—papers not to the extent of one of two iasues, but to the extent of a great root stands on record. made the subject of barter and traMo in a lager heer saloon directly under the eye of the Supreme Court itself. If that be true, if it be true that the seal of the Supreme Court and the genuine signature of the clerk of that tribunal (being incidentaily County Clerk) have found their way to such an establish- ment aa | have described and there bought and sold, as one sells any article of commerce, and if it be also true that there is no statute of the United States that can be found such a crime, | am sure your Honor, counsel here, the spectators nt in this court and the people everywhere inust regret exceed- ingly 80 lamentabié @ want of proceedings necessary w the aaa of our country, the importance, the auffrage and the rights of tie honest man who gains the right of the elective franchise by fair means. ‘The question 1s whether there 18 ait act of Congress which reaches tis transaction. He would endeavor to reproduce tie picture of tie place In tie traitc of the suifrage which had been so weil descri@ed by one of the witness On one side of a basement, some esieps down and within @ stone's throw of this buiidiag, Was a counter, at which was dispensed lager beer Co all thiaty and eager cousumers, Un the other side of the same apartment and within the same limits Rosenberg. superintended the distribu- tion of transcripts from that C:ITY IVTELLIGENCE. in paren tribunal. ee weseaneatan rehearsed some of more ‘HE WkaTues YesT#RDAY.—The ‘ollowing record eae Ie Oe OORT < ee Saat will show the changes in the temperature for the naturalization papers, Counsel said that he was speaking of the proofs as they stood uncontradicted onthe record, He would ask was this dealing 1 false, forged and fraudulent certificates of citizen- ship an oifence against the act of Congress or not? He did not mean to say that the views of opposing counsel on this point were incorrect; he was only one of the advocates of the government trying to be Tight, and the arguments of opposing counsel might be more forcible und cogent than his, and determine the Court in its decision accordingly. The argument of their opponents was that because here was the uine seal of the Supreme Court, and because here the penis signature of the County, Clerk and Clerk of the Court the transfer of any these faise certificates of citizenship is not a crime, | 1t is not & ernne, they argue, for the reason that it is not a for. HERALD Building; 3A. ae Average temperatare.......+ Average temperature Monday. past twenty-four hours as indicated by the ther- mometer at Hudnut’s pharmacy, 218 Broadway, SeRi0vs ILLNEss or Bisuop STEVENS.—The mem- bers of the Episcopal Convention learned with regret yesterday afternoon that Right Rev. William Bacon Stevens, Bishop of their Ohurch for the diocese of Pennsylvania, was lying dangerously ill at the resi- dence of Mr. F. Winston, in this city, and that the feur is entertained that he may not recover. fer, as they say, but # genuine paper issued _ yy the proper clerk; mot a forgery, the; BOARD oF Excrse.—The Board met to-day, and after gay, because there is no intent to utter it, or no act towards uttering it to @ person who knew that it was false, and the accused, who must. be permitted by law to asguine that position, claims to be exculpated and discharged because what he did was all false. He had listened to the argument of counsel with the greatest attention, but he had heard very little about the word “false” in the statute, to which counsel for the prosecution at- tached very great importance. Counsel were apt to ber, the Committee on Applications reported in favor of eighty-five applications for license, @ proposition was made to take a recesa until the arrival of “McManus,” which suggestion was not acted upon, and the board adjournod until Thursday, 5th Novem- BUREAU OF VivaL Sratistics.—The week ending Ovtober 24 was unusually favorable to human life in bg oo or Cer bier Lona eg Sane New York and Brooklyn, there being only 869 deaths e, thas penal or criminal statutes shot 9 Pe construch strictly, “If the word’ ‘etrictiy? | 22this city aud 137 in Brooklyn. ‘The total deaths oy was to be heii to mean that you con- | consumption, or phthisis pulmonalis, were 63 in su the statute according to tho plain | New York, but the 1 week! ality from ruin and terms it pcan adeurdhy, $ snumal weekly, mortality, from it it Means you must not enlarge the statute beyond its terms to reach a case for which it never was de- signed, the rule is no way different between the civil and the criminal statutes, When you cone to stacuvory LS oacgery you inquire first, “What was the mischiet that existed?” second, “Wiiat is the remedy that should be appliedy’’ and third, ‘in what form shall that Reece 4 be prescribed??? Our laws have inherited frou the English laws many this cause is 63, by clergymen was 380, The number of persons over 60 years of age who diel during the week was 39, hut the average is 48 weekly in tho year. last week was equal to 1918 per 1,000 in @ year in 1,000,000 of population in New York. and in Brook- lyn, in & population of 400,000, it was equal to 17.80, ‘The total ceriifleates of births returned by physicians was 213, and the total number of marriages reported The death rate Tue BoaRp OF Heavra.—A meeting of the Board A report was tecumical rules whieh in crimmal — practice rao eae or i hag ete Ate of Heaith was held yesterday, President Lincoln in Boglish listo e cl 4 2 most trivial offences Were punishable with the chair aud a full Board present. death, and it was then almost a foregone | received from the Health OMicer of the port and the conclusion if once the sword of justice was drawn it must only be returned bathed in biood. An ad- vanced civilization und @ more hauane administra on of the laws have removed the eauses which led to the enforcement of technical rules, aad there Was ow no reason or sound rule for retaining them. In the ligitof ail rules wnich prevatied ab the pres- ent time tor the construction of the statures he wouid come to the particuiar one that either does or does not reach the accused, This was the act for tue regulation of seamen on board tle — pub- he or private yesseis of the United States, Any one read in the bistory of legislation in the old conntry knows that the voice for initiating @ bill belonged to @ mere clerk, and that that duty was seldom or never performed by a meinber of Parliament. The ruie Was that whenever there was a doubt about the meaning of a statute inits own language a3 a matier of judicial necessity refer- ence might be had to the title lo gain assistance in its preparation; but to say that when a statute iself ts capable of being’ periectly uayersiood you shall go outside of its provisifis to look at its title for its meaning and scope is substituting the title for the act itseli, and substituiing the hand of the clerk for the will of the sovereign body. On this point he had said enough, he thought, in answer to his opponent's ar- gument about the title of the act uader which this prosecution was brought, There seems less exception to the question of facts here proved. Mr. Lawrence thought that only a Part of the action came within the meaning of the Btatuce. We think otherwise, and which side 18 correct must depend on the examination of the legislative act. But it is unnecessary to our ease which way it is, if there be any offence whatever in what we coutend for as the legitimate construction of the act under which the accused is bronght before your Honor. Counsel quoted the second section of the act “that from and after the time when this act shall take effect, it shall not. be lawful to employ as aforesaid,’” &c. ‘This was the first time that the word “natural- ized” is employed in the statute, and it is used in its broadest sense to exclude every kind of legitimate naturalization. It did net comprehend any false or forged naturalization. We produce here a paper that contains the name of a man whw never con- fexsedly existea—a fictitious person; mstead of being an O’Shaunnessy he might as well be Peter Schemin, the nan without ashadow. A thing that is capable of being called true or false, counsel argued, was true or false at the momeut of Its crea- tion, Then, he would ask, was this certificatc of naturalization true or falae? Counsel on the other side contend that it is true, because it has the genu- ine Impress of the seal of the United States upon it and also because it has the genuine signature of the County Clerk upon it, What do counsel on the other side say? Do they say Rosenberg has stolen the paper’ Where did he get it from? How did he ob- tain it, if 1t has the seal of the Supreme Court and the signature of Charies A. Loew, County Clerk, not with their consent and conniv- ance and out of the sacred precincts of this magnificent tribunal, the Supreme Court | of the Siaic of New York? Is your Honor to hold that the Supreme Court has more than one seal? Is there any presumption that that seal is not always kept under the lynx eye of the eternal vigilance which that magnificent tribunal should exercise to protect the community from being cheated out of their influeuce as American citizens by fictitious names? Will counsel say thatgRoseiberg could law- fully and honestly obtain blank naturalization pers, signed by the legitimate Clerk of the county, acing the actual seal of the Suprethe Court im- pres upon them? Are there dupiicates of this seal which can be taken to the luger beer sa- loons of the city and used to distribute 6,000 certificates of turalization ? the American people to be determined or controlled or placed at the mercy of scoundrels permitted to traific with the highest and most sacred right of American citizens ? In conclusion, counsel did not think it eut of place to state, in view of the great importance of the question itself that was here involved. and in consid- eration of other maiters connected with the case, that it would be well to know now whether any de- fence was to be founded upon any facts in the case, Jf his Honor concurred there was no taw to hold nberg, he tor one would not ask him to be re- strained of his liberty for a moment. Counsel for the defence replied in a very elaborate and able Cosh tate Mn with an appeal to his Honor not to allow himself, in the eagerness to pun- ish crime, because he might shrink in horror at the idea that the be atm votes of the citizens could be neutralized by the votes of men able to purchase naturalization papers illegitimateiy for one and a half or two dollars a piece—that he would not, under emotions which such villany might naturatiy excite in his bosom, strain the law beyond the point which the law itaelf intimated and which his oath forbid him to strain it. At the conclusion of counsel's argument the court adjourned till one o'clock to-day, SUPREME COURT—SPECIAL TERM. What Constitutes a Trade Mark—Injunction Sustained. Before Judge Ingraham. E. ©. Wooster vs, King and Another.—@he phaintit had inventea, manufactured and sold an articie in her trade called “Coquette Fiutings,” for ladies’ dress, and packed them in a box in the shape of a book, which, when open, exhibited the article in small in- terior boxes, and had solid them in that form since September, 1867. The defendants manufactured & simular article ery iy fe eapened im form in every respect as to size an rior but” oaliea their article “Oroguet An injunction was iseucd manufacture of the box im that form by the defend- ants u the ground that the form pf the box and we style and arrangements of it consututed a trade mark, and that the defendante infringed it. Jane for the plat fang E. iaw 2 aif james for the plainvit an w for the defend- anta, and the Suestion of what constituted a trade mark elaborately discussed. ‘The Court rendered a decision smstaining he in- junction. Edwin James for piaintia, ©. Law for de- fendamts, It represents that { to prepare the proper order. dock at Fort Hamilion, numbe! mense ¢ Mniligan.”? and consequently the ktl ‘lynn held an inquest. shelter. an inquest will be held. at 92 Varick street. held on the body. tants congregated own statements, tions. ladies. of the robbery, but no of the others until Monday night. Monday evening, at a late hired two horses and wagons. Black examined it. jaced in this one missing. of the same precinct, while removing the goo owner on Thompson stree Iniesing. wrong, followed tim. the wagon, in which then ran up and succeeded in ui sequently it appeared Yesterday morning fendanis, who were coumaitied examination. SUPREME COUNT—CHAMBERS. Decisions Rendered. By Judge Ingraham. raigned before Justice Dodge, the the ‘They well known suspicions charactet McCauley, but the other man escaped, ers, with the carpet and horse and wagon, were taken to the Frankiin strect police station, and sub- Uhat the roll of carpet had been stolen from the store of Messrs. Memphill, Hainlin & Co., 438 Broadway, but a short time previous.y. the prisoners were arraigned before Aiderman Coman at tue Tombs, when Mr. Melville J. Balley, representing the ab med firm, appeared and made @ complaint against the de- dec th was 0 It appears POLICE INTELLIGENCE. acres of ia and fever, engincer, detailing the particulars of an alledgea nuisance, caused by a init dain at, Bull's He he dam obstructs the free pi of water, and ‘loods nearly a hundred with stagnant water that produces mals ‘The report was referred to the attorney of the Board Orders. were made for the removal of manure aud the closing of a dumping sage ad Tue KILLina ov James McApams.—An inquest on the body of James McAdams, who was shot on the night of the 17th inst, in the drinking saloonewn the corner of 119th street and Third avenue, was held yesterday morning at Bellevue Hsspital by Cor- oner Flynn and Deputy Coroner Knox. of witnesses were exatnined and an im- al of testimony was given; when, after the usual iustractions from the Coroner, the jury retired, andafier an absence of tlres-quarters of an hour returned with the verdict “That his death from a pistol wound inflic The verdict not being considered satis- factory the foreman of the jury said he believed “the deceased had given the primer vome provocation, ling was justifiable.” ligan was consequently released from custody. Draras.—The body of a unknown man was found in the wreck of the brig Lord Harrington, consumed at the Hunter’s Point fire, by an officer of the harbor pollen, and removed to the Morgue, where Coroner A large sed came to pd by Michi Mul- Villiam Case, @ man seventy-five years of age, having no home, was found dead in ‘the stable 685 Water street, where doubtless he had crawled for The body was taken to the Morgue, where as Dedford, forty-six years of age, died suddenly Mary Conley, of No. 236 Tenth avenue, died sud- denly on Monday evening, and an inquest will be FARMERS’ CLUB.—This industrious body of dispu- in fall force in the Cooper Union yesterday afternoon ‘to fight their baties oer again,” and to prove that, taking their farming a8 @ science is at about as loose ends as is that of medicine, The meeting, however, was made unexpectedly in- teresting by the presence of the learned Professor Lemernier, with selections from his extensive collec- tion of clastic models, consisting for the most part of horses’ legs and feet, the silkworm, tue butterfly, and specimens on @ magnified scale of grains of the cereals—of the wheat particularly—and of the more common of the vegetable and Noral ‘These he acceptably explained. of hig remarks he was warmly complimented and thanked by the audience, many of whom were roduc- At the close. Tor Ropsery at BALL AND BLACK’s.—The an- nouncement was made some days ago that fourteen trunks, contaming $6,000 worth of property, had been stolen from in front of Ball & Black’s, where they had been left in a wagon by the carman fora few moments. The trunks belonged to Mrs. Black, who had just returned froin her country seat. Six of the trunks were peeet on clue e night btained thaton hour, the thieves pro- ceeded toa livery stable in ‘Thompson street and tuen proceeded to some place unknown, where the trunks were stored, and attempted to carry them off. wagons toox different routes. Shortly after midnight yesterday morning officer Sperbeck, of the Kighth precinct, found one of the trunks, containing prop- erty valued at $150, on Thompson street. taken to the station house, and yesterday Mrs. She found that the thieves had inted it black—the patt was stlil wet. 01 Be. inside the lady found articles that had been packed in other trunks, and things that had been At half-past twelve M. otticer Feraon, of the Thirteenth precinct, found another of Mrs. Black's trunks at the corner of Fifth avenue and Ninth street, and conveyed it to the station house. At a later hour officer Thatcher, found @ third trunk aban- doned on the sidewalk opposite 149 Macdougal street. All the trunks were recognized by the owner a8 @ part of her property. ‘Ihe thieves, it would appear, ia became alarmed and to the better prevent their arrest abandoned the stolen 8 and returned the horses and wagons to thelr ‘There are four tranks and a tin box, of the vaiue of about $2,000, stil The it_was in look- ARREST OF ALLEGED Carrer THIkVES.—On Mon- day evening detective Wooldridge, of the Sixth pre- cinct, saw walking up Centre street, near Broome, a man named Thomas Fleming, who had @ roll of ci pet on his shoulder, and, suspecting something In a few momonts afterwards Thomas McCauley, in cuarge of a horse and wagon, drew towards Flennmng, who ‘threw the carpet into Was also at tae tino & Mr. Wooldridge The ove te we st Fieming and prison- for Tar TaiRty-rmrp Street Smoomxe Case.— Robert Tillman, ootored, who shot his old comrade of the same hue, John Carney, last nigtt on the side- walk in front of No, 127 Thirty-third street, was ar- it the Jederson Market Police Court, yesterday worning, and affidavit ‘of oficer Charles Byrne, of Twenty-ninth precinct, whe made the upon Adriatic Pire Insurawe Company vs. Bramley €t) arrest, was committed to await the result o i " enough at ine, Lastname ib man followed him out upon she sidewalk, and as he Company.—Motion granted, hada knife he was afraid it was his intenuian to Linkert vs, Phillips et al.—Motion granted. Costs to abide event. Felit, Hart vs. Martha A. Hart.—Motion granted Purrington, éc., vs. Hadfeld.—Defendant mi have an order staying farther proceedings in @ cution, on the justification of sureties on under- taking. “an me —” of O. L. Taibot, éc.—Memoran- jum for counsel. O'Brien vs. Atkinson.—Motion denied, with leave, to renew on payment of costa. Lawler v8, Larobe.—Motion granted. Jewell et al vs, Moies.—Motion granted, Smith vs. White.—Motion Led, The Same vs, The Same.—Motion granted. Fahnestock vs, Johnston et al.—Motion granted, ‘with ten dollars costs, Bryant, de., 08. Ogilvie et -al.—Order granted stay- ing entry of judgment, &c. Austin vs. Gaylord et al.—Motion granted. _Leivert vs. Leland et al.—Motion granted. By Judge Cardozo. Tuska vs, Eppstein.—Motion granted on defendant stipulating not to sue. COUAT CALENOAR—THIS DAY. Surneme CourtT—Cincurr—Part 2—Nos. 1894, 1928, 1990, 1992, 1952}4, 1934, 1908, 1940, 1042, 1044, 1946, 1944, 196d, 1954, 1956, 1958, 196), 1902, 1964, 1066, SUPREME CovRt—CuAMBERS.—Nos 42, 102, 105, 106, 108, 112, 114, 168, 177, 182, 208, 209, 210, 2a, 247, 248, 259, 264, 270. Screncon Count— fran Tenwt—Parr 1.—Nos, 469, 473, 475, 477, 479, 481, 483, 487, 489, 401, 499, 4 407, bul. Mane Count—TRIAT, TunM.—Nos. 648, O11, 598, of self-defence, Late self-defence,” at pier 52 East river, the pistol. tho testimony of the pri Edward Sullivan, being sworn 902 Front street; Lam a boatinal that the accused Ciating to have received from policemen to discharge her pistol at the boys if they dared to annoy her again. eos. will be fougd pal W TESTIMONY OF EDWARD SUL i faya—I reside at ness. VAN. esverday During cut him, and thus his shooting him was an act last night Oarney was still living, but the physicians tn attendance enter- tained but little hope of bis recovery. ney’s lacid moments yesterday he told his attend- anis “that he did not desire Bob (Tillman) to be prosecuted, as he believed himseif in the wrong, and ‘that as he had a knife, why, Bob may have acted in Should Carney’s death resuit from the wound given by Tillman @ coroner’s inquest ‘will determine where the blame lies, THE SHOOTING OF JOHN CONDON, Investigation Before Coroner Keenan—Ver- dict Against Mrs. Seiner. Coroner Keenan yesterday held an inquest at No. 602 Water streer on the body of John Condon, the boy whose death resulted from being shot in the left breast by a pistol in the hands of Mra. Fanny Seiner, heretotore re- ported in the HERALD, Several witnesses gave their evidence, which bears atrongly against the accused, and, if entitled to full credence, shows that she was not fully Justified in discharging A singular feature in the case is the fact Car- thority: 550, 640, 544, 692, 672, O80, OHI, 82, 571, O54, 667%, 665, 7 Ing, between Kine and ten o’eloek, | went (0 pe G58, G61, G62, GVO, O68, O74, 675, G7d, #77, O75, O80, O82, | Hast river; about half-past ten o'clock de- bed. coused came to the pier; two otuer boys 5 T suppose; I sitting: sn] 5 woe side ot the pies. hind me % say eusne there for a wash, to Henry Cline; ry canal boat led with coa’; the prisoner, two boys to the boat and two giris were on it; a little boy threw a stick or piece of mud on her foot; the prisoner said there wa’ enough of that done lay, and she had orders from the policemen to shoot any one that did it again; she had @ pistol in her hand; I heard @ shot soon when part of the afterw: crowd jumped up; I looked around and saw the prisoner pointing the revolver toward the crowd; she red two or three more shots after that; the urd shot struck deceased, when he cried out, “I’m shot;”” she replied “I know yon are, G—d d—n you,” or 0 ing that effect; 1 aaw deceased put his hand is art. Several other witnesses were examined, but their testimony was the same in substance as that given by the other witness. The jury, hearing all the testimony, delivered the following VERDICT. “That John Condon, the deceased, came to his death by a pistol shot wound at the hands of the prisoner, Fanny Seiner, on the 26th day of October, 1868, on pler 62 East river.” On the above verdict Mra, Seiner was committed to the Tombs by Coroner Keenan to await the action of the Grand Jury, The prisoner had nothing to say relative to the charge against her. THE SUB-TREASTRY BOND ROBBERY. Examination Continued before Jadge Hogan. In the case of John Spicer, charged with the lar- ceny of $45,000 In United States Treasury bonds from the oMce of the Sub-Treasury, on the 2d day of July last, as heretofore quite fully reported in the HERALD, the examination was continued before Judge Hogan, at the Tombs, yesterday afternoon. E X-Recorder Smith, counsel for the defendant, first examined Mr. Thomas FB. Carey, clerk for Messrs, Jamea G. King’s Sous, No. 54 William street, at great length. He deposed to his seeing the defend- ant Spicer after his arrest in court; the witness was in the conversion oflee to reecive paym number of bonds that had been left for redem| on the 80th of June, The witness (hen test? the theft of the bonds white in the oMc Snb-Treasury, a8 previously state of particular importance w Mr, John C. Hopper, an ai? department of t examination that he bonds referred to from one of th’ oth of June for examination a rect; the bonds were co but ‘discovered, as 1 ¥ schedtiled cited. were the number of the bor for we snd them to Washin: we never receive these bonds; they are of no been paid when stolen. per’s te in which the bonds were stolea. James J. J partment, was cross-examined by Mr. Smith. testified to first seeing Spicer in ti artmen® about the middle of Se introduced to him by Colonel Pes he had some bonds of 1843 and wished to Kk vaiue, ‘the testimony of the witness was 1 same as that set forth in tis deposition mad days ago. Thomes Sampson, nt for a of the |, but nothing new ne: of the conversion ary, ays in his cross: 'y were not to be seie- er they are paid for n°; the bonds in question had not The remainder of Mr. Hop- imony threw no new light upon the manuer johnson, clerk in the Sub-Treasury De- » Treasury De- mber and was ? Spicer then said ww their rly the pveral United States detective at the Sub-Treasury in this city, deposed tha was pres- ent in the Sub-Treasury oftice in this city on or about the 3d day of October, when John Spicer presented the bond to Mr. steele, a clerk in the Sub-Treasury; witness tapped Spicer on the shoulder and said, “This is one of a lot of bonds that have been stolen; ee are my prisoner;” Spicer was then asked where ¢ got the bond and how he came by it, and in reply said “if the bond was stolen he has innocent of it, that he had received it from Colone! said Colonel Peck could explain the Peck,” he whole matter, and Colonel Peck subsequently, mm presence of Spicer denied all kno dge of the bonds, and denied ever having had the same; did ngt detam Spicer that 4 Tlet him go about’ his business, as 1 thought by so doing I could get another party; sub- sequently he said a an named Thomps had the bonds (hat he was negotiating to purchase: that Thompson had gone to Philadelphia the evening before, but expected him back on Monday; he told allowed his liberty he would work with me and try and get the bonds back. Some other testimony was introduced, but without shedding any additional light upon the manner io which the robbery was committed or the wherea bouts of the stolen bonds, This closed the tesiimony, and the case was ad- journed till Thursday, when Recorder Smith desires to make an argument in favor of his client, for whose discharge he will ask at the hands of the magistrate, Mr. Spicer is forty-four years of age, born in this State, deaier and farmer, being unlawfully in poseession of the bonds. ves in Iiinoi, and by occupation is a stock He denies bis guilt so tar as The orisoner was recoramitied to the Tombs to awatt the decision of the magistrate, DEATH OF AN OIL MuERcHANT. Mercury of the 24th inst., says ‘ne New Bedford ‘Samuel Leonard, did about eleven o'clock yesterday morning, at his residence on Third street, He was for a great many years a member of the firms of Samue: Leonard Sons and Samuel Leonard & Son, in the manufacture of otis and candies, and his record as a man of honor and cordiality was equal to the besi. ry. His death occurred within ard, REAL ESTATE MAITERS. In former "8 the business of his house was the largest in the lees than four hours after that of his nephew, Charies Operations at the Exchange Yesterday—Sale of Jamaica Lots, Transactions at the Exchange ye: Faratively light, although Mcsers. Bleecker, erday were com- jon & Co, succeeded in getting purchasers for some con- siderable property, bat noticeably upon terms that did not require the payment of any large amount of cash, Their catalogue comprised the following:— Two story and basement frame house and lot, No. 161 Waverley piace, corner of Chrisiopher street, Two story and basement brick building and lot No. 159, adjoining, 20x73. House has the modern im Premises Noe. 2435 and mediately in the rear of the above. rovements, Brick stable in the rear. Christopher street, im- ‘Two story and attic frame house and lot, No, 249 West Fortieth sirect, south side, between Seventh and Kighth avenues; lot 20x%< block. good order and has the modern improvements, Honse is in wo one story frame stores and lots on the east side of Third avenue, commencing at the sontheast corner of Seventy-eighth street, each 20.5 Two lots on the south side, Immediate 5X10. in the rear of the avenue lot, each 17.6x102.2; seve per cent on anortgage. ‘Two story high stoop and basement frame build- ing, filled in with brick, and lot, on south side of ‘Twentieth sireet, Brooklyn, hetween Seventh and Eighth avenues, forty-five minutes from Fulton ferry, #ize 22.10x 100.2. The first lot, consisting of the Waverley place and Christopher street property, required only $4,000 of the purchase money in’ Cash. ‘The second lot, although ail cash, was not @ high figure. On the Ynird avenue and Seventy-elgith street property seventy per centjof the purchase money can remain on mo! » While the Brooklyn property was offered at terms which called for only $1,500 cash, In contrast to this and offering Pome indications that (he present stringency in the money market in- nuenced this reticence, ble, offered by E. H. Lud! out the proper figui property equatiy as desira- low & Co., failed to draw ire from bidders, It consisted of ‘The first class four story brown stone high stoop house and lot No. 17 East Forty-firat street, north side, between Fifth and Madison avenues; house 22x55, with two story extension of 16x33 feet; las inlaid floors and hard wood trimmings, and is in splendid order throughout, very of the deed. Lot 22x08, on the de- ‘The first clas three story basement and sub-cellar house and lot No. 80 York street, Brooklyn, south side, between Adams and Jay streets; house 20x02 feet, in good order, recently anc water throughout. Lot 20x100 feet, ‘The first mention to two mor other for $14, Painted, and contains property was put up subject one for $10,000 now due, and the which has about two years to sem and was bought in at $49,100; the other was oifere: subject to a mortgage of $3,300 now due (which couid probably remain) and bought in at $6,700. In addition to the above Messrs. Johnson ‘& Miller offered 750 lots situated at Jamaica, Long Isiand, which went off sold for halt es juick! half on mortgage. at cheap prices, Tuey were ‘he attendance at these several saies was good and T the bidding lively. Below we give particulars. Auction Sales of Real Estate Yesterday. NEW YORK PROPERLY—BY A. J. BLEROKER, 8ON AND 00. cor 78th st, 20.6%" 8 av, 6 houses aod iota, eth sh, 9 lots adjolnin, bad ratio rato} West 40h uaton (let). PaO Heldcor ploapect and Catharine ate, Wregy but all 95 ft trout and over 100 deep, enc! § lots on oppostie corner, ft fromt, enc! lots adjoining, Nos 84 and 85, same size, eac! lots on Catharine at, same size, eac! lows on Catharine ot, adjoining, euch lots, fronta on both atreeta, each. 4 Jot adjoining, same size, fronts extra deep. J Jols adjoining, same shze, ning, same Rize, 4 lots opp 8 Lota adjoining, rout, Sota ayolning, 4 on exel sty all 28.7% front but ail the lots are shorter as they get near South at, each. 8h olittag, tame alzo front, but shorvery each. 8 lous adjoining, 26 (t front, shortest Ine 67.8, exe! 9 lots adjoining, ali 29 ft front, shortest jive 51.10, eae MARRIAGES AND DEATHS. Married. ApaMs,—GaviT.—At Stockbridge, Mass., on Thore- day, October 8, by the Rey. C. B. Bridgman, OuaRLea P. ApaMs to Mera, daughter of Jolin E. Gavit, of New York, CaLpwatt—PLum.—On Monday, October 26, at Poughkeepsie, by ihe Kev. Win, G. W. Lewla, Mr. JAMES Mapigon CALDWELL, Of Brooklyn, to Mise LINNi# PLUM, of Poughkeepsie. Poughkeepsie Eagle please copy. Davis—Brouwer.—On Tuesday, October 27, by the Rey. Thomas E. Verwilye, D. )., JOHN W. DAVIS, of Adrian, Mich., to H. FANNIE BROUWER, youngest daughter of the late Jacob Brouwer, of this city. No cards, Adrian papers ‘ORDHAM—iL iT Monday, October 26, by the Rev. W. Clarke, CALEB 5. PoxDHAM to ince daughter of Horace Hitchcock, Esq., all of Haywarp—Catr. in Brooklyn, on Monday, October 26, at Chi uureh, by tit Rev. Dr. an Bee Pee AR i Havwano, of St. George's, Ber- LOTR A., daughter of r ung, Esq. No care eter of George Cat- YERS—HAtGHT.—At Bergen City, 01 ¢ October 29, at the Fesislenes Wf Cawath det AY Cree man, by the Rev. A. W. Frenc} Brooklyn, L, 1, to Miss Mi gen Clty. - VAN PRIT—GILMAN.—On Tueaday, October 27, bY the Rev. George Nicholson, at tue resiience of the bride’s parenis, Mr. CHARLES W. VAN ,.of New York, to Miss M. MaGate, eidest daugutes A. Gilman, Esq., of kerth Amboy, N. J. " Died. Barr.—Saddenty, on Tuesday evening, October at batf-past six o'clock, WILLIAM Back, in the 1 year of his age. ne relatives and friends of the famlly are respect- fully invited to attend the funcrai, on ‘Thursday afternoon, a6 hulf-past two o’clock, from his late residence, No. 538 Sixth street. His remains will be taken to Greenwood Cemetery for interment, BoYD.—On ‘tuesday, October 27, PRAsCcIs HENRY, infant son of Wiliain ©. and Mary k. Boyd, aged 4 year, 2 months and 19 days. The relatives and friends are respectfully invited tend the fuveral, trom his late residence, in Kighty-tirst street, between Second and Third ave- nues, on Thursday afternoon, at oue o'clock. BROWN.—On Tuesday, Oclover 27. ANNA BE. BRowN, witow of David 3. Brown, tm ae 6:th year of her age. Funeral services will be held at the residence, 205 BE: eighth street, on Thursday afternoon, at ohe 0’ elo¢ Relatives and Iriends are respectfully inyited to attend, CooPER.—ON of Isaac C. Coope Her es and please copy, COCK. —-ON ay, October 26, ANN D., widow ged St years, cuds are respectfally invited to attend the funeral, Uns (Weduesday) aiternoon, at taree o'clock, from the Pirst Keiormed Dutch church, Bergen City, N. J. CARPER.—cn Tuesday morning, October 27, JAMES Carrer, son of James and Harriet Carver, in the 2d year of his age. ‘the relatives and friends of the family are respect- fully mvited to attend the funeral, Lrou tue residence of his parents, corner Soutit hirsi aud Lenth streets, tunis (Wednesdity) ailernoon, at two vo ciock. COGHLAN. —OF paralysis, JAMES COGHLAN, & native of the parish of ‘tullamore, Kings County, ireland, in the 79th year of luis age. ‘Tue friends of the family are invited to attend his fun |, on Thursday afternova, at one o’ciock, from the residence of his son-in law, Artaur Hughes, No. 164 Hudson avenue, Brooklyn. Derr Sudaenly, ou Tues lay, October 27, Mra. E AB) Derkiest, widow vi Livingston De- fr Notice of funeral wil be given hereafter. ‘Yroy and Albany papers please copy. yneyER.—On Monday, Octover zo, on Staten Isl- AREY 'TeEBEra DeeYER, in the 99th ‘and friends are respectfully invited funeral, this (Wednesday) atternoon. to attend th Carriages will be in attendance at tue south ferry, Atiane street, Broo! two v’clock. DUNLor.. 2, On Saturday, October 24, James W. DUNLO , afler & loug und painful i- ness. ‘the funeral will take place from his late residence, Clifton, Staten Island, to-day (Wednesday), at twelve o'clock. Carriages will be “in walling at Vanderbult: Landing to accompany remains to Greeawood Ceme- tery. Emerson.—On Sunday, October 25, after @ short: iNness of pleurisy, Mr. JAMES HMERSON, in the 38th year of his age. ‘The relatives and friends of the family, and those of John ©, Stockwell, are respecuiully invited to at- tend the funeral, from his lito residence, No. Leonard street, near Ainsiee, Williausbarg, this (Wednesday) afternoon, at two o'’ciwck, withous further notice. mn Tuesday, October 27, DE VEED ., forinerly Of Quebec, Canada, aged 35 3 FLeet.—In Brooklyn, on Monday, October 26, after a long and painful iliness, in ihe 6th year ef her age, MARGARETTA S., wile of Charles G. Fleet and daugiiter of the late Captain Natwan Dunn, ‘the tives and friends of the family are respect- fully invited to attend the funeral, from ter jate residence, in Myrtle avenue, between Marcy and Zounpktns avenues, on Thursday alternoon, at ope o'clock. Foster.—On Tuesday, October 27, of Chagres fever, ye Ropert aged J Years. The fr tives, ulso the members of the Ocean Seamen's Benevoweat ucievy, are inviied to aticnd the funeral, froin his iale residence, 94 Roos evelt strect, tis (Wednesday) alternoon, at two ove! In Portiand, Me., on Sunday, October 25, , @nalive Of coun.y dipperary, Ireland, jot, corner of ‘Twenty seventh sireet and Pourth avenue, New Loik, this (Wednes- . n, at iwelve v’ciocd, tuence io Calvary 27, doseri Fit elatives and triends aie end the funeral, from ti ing, on thu: 1is and New Orieans papers please copy. GARDNER.A—On Monday, Ucvober 26, MAXIBTT. SNyver, daughter of irs. wilhal Gardner, and yg’ danghter of the late & B ‘The friends n invited to atrend the on aia hu, on Thursday morning, at cleven o'ciock, GRAHAM.—On Tuesday, October and painful illness, MAKIA be, David and Maria Graham, in tue Loun ye The friends ‘Acquitintances of th iy are respectiutly invited to attend tue funeral service, nt her late residence, #4 North i ourt sirect, Willame- burg, on Thursday atternoon reiock. 't! remains Will be taken to ak Mali Cemetes o’clock Friday morning, OLYNN.—On Monday, October 26, Dexra, the be- Joved daughter of James aud Juia Glyna, in the 2uth year of her age, With patience sore long time sie bore; Phyaician’s tried im vain; *TU God was pueased to call her home And ease her uf hee pain. May she rest tu peace, ‘The friends of the famtly ana iuose of hor brother- tu-iaw, Frank Heybyrae, are re fully invited to attend the funeral, from her ly 146 West siden ‘Twenty-ixth street, on Tuursaay aiternvon, at one o'clock suarp. Hixps.—On Monday, October 26, Misa Lypia Hinps, aged 79 years. ‘The reiatives and friends of the family are respect- faily invited to attend the funeral, irom the resi- dence of her brotier-ut-law, iawsence Udell, No. 4% West Thirty-third street, tots (Weunecday) aficrnoon, at halfpast one ofeiock. KNOX.—Un Tucsday, October 27, after a short il- ness, ELIZABETTL ANON, in tue oth year ui her x Her frends and acquaintances ar attend tne funeral, irom her jae Thompson street, on ‘thursday alternoun, at one o'clock. Mayer.—In Brooklyn, on Tuesday, October 27, ManiA DORETHRA ELisaBeTH KUNGE, the beloved wie of Henry Meyer, aged 48 years, 11 wontus and 11 days. ‘The relatives and friends of the family, also the a members of Silentia Lodge, No, 198, respectfully invited to aivend the i day afternoon, at one o'clock, frou her Late resider coruet Wyckoit street and iochesier avenue, Brow! lyn. a Warmington (N. C.) papers plevse copy. MONAHAN.—On Monday, Uctober 26, Mrs. JULTA MONAHAN, Wife of Micuael Muualau, & nalive of county Meath, Ireland. ‘The reiatives and friends of the family are invited to attend the funeral, frow the late resdence of «te- eeased, 203 West Houston street, this (Wednesday) afternoon, at one o'clock. Mauntsrapt.—On Monday morning, October 26, Many ANY, wife of Fridrick Mahistadt and eldest daughter of Herman Maass, aged 47 years. ‘The friends and relatives of the taimtly Tespect- fully invited to attend the funeral, from her late rexi- dence, 123 Sullivan street, tus (Wednesday) afver- noon, at one o'clock, McDONALD.—On Monday, October 26, DANTET pong ®@ native of Mouutmellick, (Queens county, Ire! His friends are invited to attend the funeral, from his late residence, 312 avenue A, this (Weduesday) at two o'clock. McC!ACHLAN.—On Semsiay, Octoher ALEXANDER MCLACHLAN, @ native of der, Scotland, aged cy ithe relatives and friends are respectfully invited to attend the funeral this (Wednesday) afternoon, at one pa from his (ate ‘reaiboncer Hy Barrow street, ‘without further invitation, o'Connon in the 4etn ear of his age. oa id NO} ‘The relulives and {tienas. and those of his brother William are respectfully invited to attend the funeral, from his late residence, 136 Baxter street, tuis (Wed nesday) afternoon, at‘one o’ciuck, The remains will be taken to Calvary Cemetery for interment. Toss.-On Tuesday, October 21, Maity I. young. est daughter of David and Kiiza koas, aged’ 1 year, 2 months and 25 days: The relatives and friends of the family are respect, fuily invited to attend the funeral, from 568 De x avenne, this (Wednesday) aiternuon, at three o’eloc! TONsJES.—On Tuesday, Ucvober 27, Mariti.pe Mage NA TONJHS, aged 22 years, 3 mouths ays ‘The relatives and frlenda of the family aro reenact, fuliy invited to attend the funeral, 1 1 thie re teers of her brotier-in-law, Henry Freked. Savi 0 street, on Thursday afterugon, at one o’cloe D a