The New York Herald Newspaper, March 30, 1869, Page 5

NEW YORK CITY. THE COURTS. URITED STATES CIRCUIT COURT. The Umron Pacific Railroad Case—Motlon for @ Stay of Proceedings—Adjournment of the Case. Before Judge Blatchford. James Fisk, Jr., vs. The Union Pacifie Rattroad Company.—This case came up for hearing ycster- @ay on a motion for a stay of proceedings in the Supreme Court, Mr. Tracy, who appeared on behalf ef the defendant, said it was an application for Stay of proceedings; not for an tnjunction. He re- marked the matter presented two distinct features— ene belonged to a case of which the court held original jurisdiction and the other appertained to tte appellant juriadiction. He submitted that those Proceedings by which the case was removed from one tribunal into another, whether be- fore trial or after judgment, were appellant in ‘their nature, and that, in order to sustain the ap- pelant jurisdiction, there must be @ stay of pro- eeedings, He turther argued that this was an appel- dant proceeding, established by the oldest authority. It wag mentioned in the case of the Apostles, when St, Paul appealed to Cwsar. The right of appeal to the Emperor might be taken before trial as well as ater. His culty did not ask the men of injunction, ‘but they asked tliat that inseparable absolutely ne- oesaary element of appellant jurisdiction, an‘ that the power of removal should be compietely ex Mr. Tilden, following on the same side, said he adrustted that the court Bad no authority to enjoin a suitor in the State court, that was to say, there belng a suit pending in sonie State court ‘in respect to Which some matter may arise whereby the Court of kquity, exercising a jurisdicuon common and fit in such Cases, would grant an injunction to stay the action of the Biay under that sult would be the case contewplated by the statute. But he contended this ‘was not a case of that kind. A suit was now in this court pending here, brought by the process of re- moval, aud wich was entirely in the nature of an appellant procceding. He wished consider the matter at issue as a question of appellant Lert a ‘There was one suit, and one suit only, ‘hat suit, the Court had intimated, must be con- sidered for the purposes of argument as not in the State court at all. 1t was either removed or it was ~ hot removed. He thought it was removed. He con- Biderel 1t was @ cause Where removal was within the power of Congress to provide for, and one statute in 1863 had les pet completely and ef- feotually provided for it, 1f the case was one fit to be removed to this court, if it had been adequately removed, or if it was in this court it Was not at all in the Special Term of the Supreme Court of New York before Mr. Justice Baroard, Whatever may have been done there tins suit was not there at present, and it was quite within the power of this court to make an order eperating upon the parties here that would preserve 6 peace, order and decorum of the court’s proceed- ings, the rightful jurisdiction of the court and the Fignle of the parties litigating in it. es come into this court in a pending in it and at the game time use the machinery of @ diferent tribunal to annoy, vex and harass the other party in this court. if there were no power in this tribunal to prevent such mischief the court was powerless indeed. It was not. so much the rights those private parties concerned that constituted the impotent consideration. It was well known t cases had arisen in which the instrumentality by which the. government of the United States performs its functions had been at- tacked, and if the remedy in such cases were to be stponed for one, two or three years until tt could reached through writ of error it would have been useless to preserve the government in any one ef the great crisis by which it has’ been threatened. may provide for removal at any stage of any suit which was of a character to be removed. In to Mr. Stoughton Mr. McFarlane stated that, provided the State court granted a stay of pro- ceed: in this court, he would first move to sect aside order, and if not | would ‘the peril of being punished for contempt, ti Bi ford said he had not by any means said or decided that the case was in thiscourt. He considered that the questions at issue were so inter- Woven that they required a fuil discussion before an; decision could be arrived ete a were three im, ant points that demanded iment argument, on ey, whether the case was in this court; whether the eourt had power to determine the matter contested, and whether the circumstances warranted the granting of the order asked for. Those questions “the case was dually” adjourned. for atgument Ul case was fina! r argument three o'clock to-day. oe Counsel for the plaintif, Mr. D. D. Field, Mr. Popes and Mr, Field, Jr. For defendant, Messrs. ‘lane, Beil, Barlow, Alien and Tracy. UNITED STATES DISTRICT COURT. Informers’ Shares. Before Judge Blatchford. The United States vs. Thirty-two Barrets of Dis- Silled Spirits found at Blaisdell & Eckel's Distiery, foot of Forty-fth Street, East River,—This was s sontest between Henry L. Jewett and Bernard Tully secs dtr tea tata Unies spr the proceeds airy Eckel’s distillery and @emned by the Court, The Comm! ‘con- , to whom the matter was referred, reported in favor of Tully. Jewett ey to the report. The Courtnow, after examining the evidence, overrules the exceptions and confirms the report of the Commissioner. UNITED STATES COMMISSIONER'S OFFICE. The Ray Distillery Blac! Before Commissioner TD. The United States vs. Farnham Z. Tucker.—In this fase, previously reported in the HRRALD, and in which the defendant, an Internal Revenue officer, is charged with ing blackmail on T. P. Ray, a dis- tillers the vidence for the defence was concluded by Gefendant’s counsel, Robert D. Benedict, introducing a large number of witnesses to prove the good char- acter of the defendant. é ‘The room was filled wfth persons ready to so fes- ut the Commissioner declined, after the follow- named persons had ES their testimony, all of the witnesses being leading business or professional men in this city or Brookly eg hae aan ds eaioal Rose De 0 ex. eelient character, that no wank testimony on that — Case. = point was ‘Paul Worth, Thomas A. New- man, Nathan B. Morse, William A. Fritz, Charles Lowery, Joseph H. Arnold, William M, Thomas, G. c B. Hilton, B. P. Lunt and Robert T. Johnson. ‘The case was then adjourned to Wednesday next, when it will be summed up by District Attorney Courtney for the government, and Robert D. Bene- dict for ‘the defendant. Discharges. Sigismund Fank, conspiring to defraud the gov- ernment out of $1,300 worth of cigar stamps, has been discharged for lack of suficient evidence to aa ghuel Gilligan hi with tapping ale barrel: c iilligan, charged ale barrels to which no revenue stamps had oe amixed, was @ischarged for lack of suiicient evidence to show eriminal intent on his part. SUPREME COURT—SPECIAL TERM. The Case of John Real tho Condemned Mure derer—The Motion for a Stay of Proceedings. Beiore Justices Southerland and Peckham, and City Judge Bedford. The argument on the motion for a stay of proceed- ings in the case of John Real, convicted of the mur- Ger of police oMficer Smedick in July ast, and sén- tenced to be executed on Friday next, was heard yesterday before this court, Justice Southerland pre- siding: Mr. Justice Rufus W. Peckham, of Albany county, and Gunning 8.'Bedford, Jr., City Judge, also occupied seats as associate or advisory Judges on the a and the hearing took piace in the General Besalt room, which was crowded by a large jons number of the most eminent criminal lawyers of this city. Ex-Judge Stuart appeared as prisoner's coun. sel, and the motion was opposed by District Attor- bas | Garvin. éx-Judge Stuart raid he now applied to the Su- me Court for @ writ of error and a stay of execu- in the case of John Real, tried and convicted of murder in the first degree, tn Eugiand and in this pep ge ye that writs of error were ow ay of rignt, even where no errors had ap- oy ex possibility of such an error Rav- ig been le in the trial court. He then cited several cases to sustain his teory, among others one tn which @ case went to the Supreme rt on pplication for a writ of error, which was refused and the prisoner then appealed to the Court of Er rora, it was also declined by the Chancel- Hor, and Judge Kent himself, though con- scious of no error, certified the case to the appellate court, It was heard and the writ was refused by that court, and that was all that was hore a party had been hanged without sppeat; Out " out appeal; but certainly no ‘writ had ever been denied. Prior to the enactment of the statute of 1865 yu of the Supreme Court ited writs of error, with sas matters of for Cornett, ee rere. of re clove certified the writ on oad, for tne irpose of review, but declined to jadgment, that the party might avail hi rit; and instead of pesmitting the case to go to the A late 11 Roya anton} in appear the sorry spectacie of a citizen under & mere form of Jaw, leaving out entirely his rights under a review of the law and the facts in the case. Such would be the * mockery to grant a writ of error, ana yet permit the subject to be executed. Of course this case must go ‘up; the law, the int 'y of the jaw and justice, ir- respectively of int of the prisoner, demand- od that this case should be reviewed; and It shall be ro whatever becomes of the convict, was on its way, and would en- preserve the life the poor read from the case Parker Frelative to the and jon. I 6 Barnard they Ad fe en fe te NEW YORK HERALD, TUESDAY, MARCH 40, 1869.—-TRIPLE SHEET, sul “ His life was in peril and re was eouert in bis Boba was thata shoud be had under this writ of error and a aay proceedings, It was not that in @ civil case even, Invoiving @ lew dollars, thas a review could not be had of the judgment, It would go wu) not for equity only, but tor the law; and should a acase lu which @ human life was involved ry up there, not for equity, but for law? Hoe asked the conn exauiue carefully this ease of Cornell just ot * Justice Peckham—What is your point, Mr. Stuart? Is it that where the court allows a writ aud refused a stay there shou'd be a stay granted? Mr. Stuart— hat is it, sir, {say that legality and justice demand and require It. A writ having been granted, there is nothing for itto be done but to stay the judgment, {| will state sume of the points gen- eratly that we rely upon aa watter of error. 1 sub- mit that the prisoner was pisved upon his trial for killing the officer, and that we proposed to show that the deceased had shortly prior to the occasion of the killing, beaten bin temibly, cruelly, of his Ife on diferent oycasions, ui of a justidable arrest, chiming that the effect of such Veer would be to ciate an apprehension or belief on the part of the prisoner that the same cruel beating would be or wag about to be resorted to at the time of this ing. evidence in the case that the prisoner the officer were clenched, that the officer's arm was raised at the time, and that he had @ clab pon in his hand atthe time the shot was fired. ‘There was an offer of proot also that previous to this occasion the officer had beaten him ternbly, at the peril of his life, for the purpose of allow! the jury to whether such ireatment had or not injured the prisoner, with 4 belief or apprehen- sion of the same treatment at the time of the killing. ‘The case of Rector (quoted sy Mr. Stuart) had @ready decided the question of the admissibility of man named Shepherd. A came to Kector’s house in: me committed a trespass against him, by endeavoring | to break the house in. It was nothing but a trespass. They left and threatened to rewtn again within ten days, it being supposed that his house was @ place of bad character. About ten d afterwards some persons went vo the house wit like menaces and showing the same spirit as the former party, and Rector fred from hia window and killed one of le was tried and iound guilty, and upon ap- peal *it was held expressly that the former demon- stration should have been on in_evidence, to id for belief that Rector, from the previous attack. and threats of the par- Le was justified in apprehending danger. A party acting under @ ‘well grounded apprehen- sion of even ry ly harm. may kill in defense and be excused, even though laboring under @ mis- take in such apprehension; and if Real did believe that this officer was actually about to club bim ter- ribly, and, reasoning from previous assauits, antici- pated great, bodily danger, we say ne had a right to il, and whether he did or not we had soe it to give the evidence, The indictment charged killing ‘with malice prepense, and this evidence was a part of our case. We offered to prove, aigo, that ihe prisoner had been tn the nabit of excessive intoxica- ton on various occasions, and that before and at the time of kill De wen samaing: yo, deliriam tremens or [ts effects in the form of an insanity; that he had been in a continual series of into: ns from day to day and from week to week, Not that intoxication was in itself a justifica- tion, but that it is a source or cause of insanity. Our efforts to get this proof before the ary, were over- Tuled, It was not attempted by the witnesses to show insanity, but to estybilsh a foundation or the Jury to say what they considered the state of the prigoner’s mind as to sanity to be. Mr. Stuart then argued at some length upon the question raised in the case of Clapp vs. Fullerton, as to the competency of evidence on the question of what the witness’ belief was of the condition of the prisoner’s re gga! from certain acts, Counsel next i his attention to the effort to im; n Henry Real, one of the witnesses for the defence, who swore that he saw deceased and the pi clinched and struggling. The District Attorney on the trial asked the witness if he had ever been convicted or confined in the Penitentiary. The defence objected and the Court tmstructed the witness that he might decline to answer if he chose, thereby over- ruling the objection. The oral evidence of the witness om tnis point counsel claimed was in- competent, the records would determine the F ion of conviction and punishment, and as higher evidence was oral proof was incompetent. The witness could not tell whether he bad ever been convicted or not. The cage of Newcomb vs. Griswold, 2 N, Y., 208, was referred to te sustain thi e point, ‘That was decided upon the strict juestion of the non-production of the record—that was higher evidence. That was all. Mr. Stuart—Yes, sir, and that 1s exactly this case, and the question ought not to have been put, be- cause there was higher and better evidence, and it should not have been made a privilege,with the wit- ness to answer. Again, the indictment charged that the prisoner was shot through the head and that that was the wound that killed The mas was teat be iallgi two weunds, one on the body an other nead, both mortal, each by itself, The Court was asked to c that this was a vi: between the and t eg yy 23 were pa nck, ques- been said to enabie the Court to re bis argument claiming the prisoner was not ‘rede ‘and under Judgment rendered on such trial was exe- such execution would be mur- ai ptm ate “ie hs prolong General Term would sit in for argument at that ry ‘would sit in June. He believed there was to prevent the case being ae eae Cae upon at that time. District ay Gav then rose to reply, and time, ant briefly recounted lente of the murder, in- cluding the fact of the prisoner secreted hear the coal box, his first shot at the deceased, his sec- ond shot while the oficer was his threat to shoot officer Mee, who in! ited in hig fight, and his boastful 11 at sub- whereas it was contfove none on the defence save Henry was sach as to lead thi to ve that there was not a word of truth in it, ‘The District Attorney claimed that the juestton whe: be granted was not an and at the cl papers, reserving its decision. The Union Pacific Railroad Litigution—Mo- tion to Panish for Contempt. Before Judge Barnard. James Fisk, Jr., 0s. The Union Pacifie Railroad Company.—When this case was called yesterday Mr. Field, on behalf of plaintiff, moved to vacate the order of Judge Rosekrans, and he felt confident that he could show the Court that the order was absolutely void.* The order purported to be made by @ Judge of the court, not by,the Court. The secu- rity had not been approved. The statute of the United States was that the petition for removal must be to the Supreme Court, not to a-Judge out of the court. Mr, McFartane said Mr. Tracey, who was now absent, had a fulfamdavit stating facts which the defendants desired to present, Mr. Field opposed any delay. He understood Mr, Tracey was in the United Staves Court. He thought 5 had a perfect right to distrust any application for jelay. “utige Barnard observed that it was unnecessary to produce any aMidavit. Certain facts were patent namely, that but two special terms of the Supreme Court were held tn New York on the day when the order waa made, and neither by Jud, rans, He would now grant the order which would haye been gianted on Saturday but for courtesy to coun- we Mr. Allen said that they desired to it the jon whether the case was not now actually transierred to the United States Court, and the court had not lost jurisdiction to make this order. Mr. Bell had made an affidavit on this point. Mr. Bell inquired tf the Court would not permit his clients to show that the order was improvidenuy granted, to which Judge Barnard replied in tac amirmative, After some discussion Mr. Field moved to punish Mr. Durant for contempt by the severest punish- ment in the er of this court—sixty days im- Prisonment $260 fine. Mr. McFarlane desired that the aMdavit of Mr. Bell should be read. Mr. Bell's affidavit stated that on Saturday, before Judge Blatchford, Mr. Field had himself produced pad, order of Judge Kosekrans before Judge Blatch- ft rder Was a supersede the necessity of a return to the alterna- tive mandamas tssne.! by that Judge. Mr. Field replited that the order had been intro- duced to the notice of the Court in an affidavit read by Mr. Tracey and made by Mr. Preston. He had then brought forward the order and argued that the delendants could not biow both hot and could, Mr. Barlow contended that such was not the order of proceedings. ir. Field brought forward a certified copy of the order, and it was on this copy, under the seal of the Supreme Court, that the jon was made. some controversy ensued, when Mr, McFarlane with his argument in behalf of Mr. Durant, claiming that the original order of reference to Mr. Redfleld was made in ald of @ motion to show cause, returnable April 1, why @ receiver of the Credit “Mobiller should not be appointed, He submitted that be A to show cause was supersed by the act of the cou pointing a recetver, ting ab- folutely What was to have been the object of the tes timony. Such a su ion di ail the incidents of the motion, Mr. Durant had made an expianation fully purging himself from all con tempt. He thought that tuis Court had no vinta to compel Mr. Durant to produce these books ai papers, The power to examine him at all rested on @ section of the code, It waa an innovation, but did not enlarre the power to compel the production of books and papers, That was atill Axed by the Kivised Statutes, the common law, and the reguiations of the Supreme Court, hy there regulations, Wuenever Soe party trom whee discovery was ovngnt dented end of the master, ‘Counsel thea proceeded to argue at further length the merits of tue case. tue Union Pactia Company had been Ratiroad Var of & gross breach of duty, and chat the had Ssocktowor, wees Soe mre Judge Barnard said he bad power te punish Mr. Durant for contempt, we connected with the — and upon which z i fff 4 EB of the officers like to know, not Mr. Dillon absconded from the State? -Absconded ? g EZOS fl z state that this was for the pi of controlling the election; there was a contest for control of the stock between the North- western and Rock Island. Q. The subscriptions in question were made from the books of the company? A. Yes, sir; but the sub- scriptions were cancelled, as the parties offered only fifty-five per cent; a resolution was the board in regard to it; the und upon wi the board considered that fifty-five per cent was not suf- ficient was by the advice of counsel. Crane. He could not recollect any other. Q. Was Oakes Ames trustee for some members of Congress? <A. I don’t know. Q. Have you had in your possession a list of the members of Congress who were stockholders or in- terested in the Crédit Mobilier? A. I have not. on Have you ever seen a@ list in which was con- ed the names of officers of the government that Were interested in the stock of the Credit Mobilier? i there not; he had only seen the list of stock- ers. ° Mr. Field hoped he would produce that list as well asthe books of the company, so hard to obtain by Teason of the combination. Counsel expressed his desire to interrogat ‘was considered material points. The case was adjourned till to-day. CITY INTELLIGENCE. STREET OBSTRUCTIONS.—The attention of the Street Commissioner is hereby called to the following enumerated obstructions existing in Fifth avenue. ‘This avenue igvhe driving thoroughfare of the me- tropolis, and should of all-others be kept in a proper condition. That the Street Commissioner has full authority in the matter of having the obstractions Femoved the follo section’ (twenty-t of ar- facle two of the laws ive to st arte ment will abundantly show:— He may direct the removal of any article or thing what- soever which may encumber or obstruct a street or avenue, ‘wharf or pier, { under the penal paws a city of New York, the ities Bg pd are the obstructions in Fifth ave- Southwest corner of Fortieth street—The side blocked up by immense piles built to Mr, Kipp; ruff, id builder. toon Forty-fifth, and sixth or sApane ae, uses are being piles of sand mo! 5 ong sncnen is the owner of ge Deine erortedy eR: Mea m of sand and brick, and one-half the block northward Ona Raeat’ Corner of” Fory-clghth strech the 01 corner e- walk for half a block is covered with hi blocks for a new Dutch Reformed church that is go- up there. Mr. Bloodgood is the mason. tween Forty-ninth there are i a i ‘7 5 Persie of stones and ihe carriage way, near Tae WeaTuse YESTERDAY.—The following record willshow the changes in the temperature for the past twenty-four hours, as indicated by the ther- Mmometer at Hudnut’s pharmacy, HugaLp Building, Broadway, of Ann et ka, which. interfere with orty-eighth street. Sass Ovr or RePark.—The pavement in Fulton street from Broadway to the ferry is in a very bad condi- tion, and seriously impedes public travel. DEATH FROM INJURIES.—John Ryan, a laborer, twenty-nine years of age, died at St, Vincent's Hos- ital from the effects of injuries received on Wednes- last by @ bale of cotton upon him at the foot of Leroy street, North river. Coroner Keenan was notified to hold an inguest on the body. FRLONI0vs ASsacit.—At eleven o'clock on Sun- day night at the corner of Twenty-eighth street and First avenue, James Maloney, of No. 230 Enst ‘Twenty-aixth street, was assaulted by unknown pariies, seriously cut about the head and subse- quently taken to Bellevue Hospital. ‘THR THISTLE BENEVOLENT ASSOCIATION.—A con- cert will be given to-night by Mr. Kennedy, the Scotch vocalist, at Steinway Hall, in ald of this sotiety. As this ts the only ly charitable associa- tion or Seotenmen in the diy its treasury should be liberally filled by @ numerous attendance to-night of all lovers of good music, “Nirreo wirn Nivrers.”—“omcer Edwin 1. Bul- lis, of the Fifteenth precinct, was inadvertently mentioned the other day as_ha' been found with @ pair of nippers in his pocket, e criminal was one Daniel Donovan, who was arrested by Bullis, and who got two months Penitentiary work as a re- ward of demerit, HONORABLY DISCHARGED.—The colored man re- cently arrested at the Metropolitan Hotel on the alleged charge of stealing money and a watch from ®& guest was honorably discharged the complainant failing wy appears * The a i to prove that the missing articles were of by the complainant in quite @ different manner than first ‘tated. DeatH i a Hore..—Coroner Keenan was yester- day notified to hold an inqnest at the Revere House, corner of Houston street and Broadway, over the remains of Mary Postal, for two years past honse- Keeper at this place, who was found lying dead on the floor of her room at an early hour in the im Apoplexy or disease of the heart are believed to have caused death. The body was removed to Hospital for post mortem by Wooster Beach, Board or Excis#.—The Board met yesterday and granted licenses to the following named persons:—Frederick Bishop, No. 320 East Thirty-hird street; James Hope, No. 12 First street; Francis J, Doelgar, No. 92 Third avenue; Ferdinand bang ‘Third avenue and 1234 tins Ogok, No, 122 T Thi avenge; Henr piotteon, No, 207 Broome street; Ferdi f street; Frederick meen Ba ts Colunea om eng al of this city, and George O, No, 60 Main ‘ gy, Ome rge C, Homung, Tae Recent CasvAatty To Mr. ExiioTt.—Coroner Flynn yesterday held an inquest at his office, in the ' City Hall, in the case of Mr. James Fillott, whose death was reported in the HeRaLp several days ago, Deceased was a cotton sampler, and while engaged at his business fell through @ hatchway, thus re- cetvis wok \; 7 found eu erreinee recetved rough & atohway at Non 7 south \Vnitiamn sereet. on Friday, March 26, and we consider Messrs. R. Matthews & Co. deserving of censure In not L— | sumicient precaution in said hatchway, recommend that eon laced so close to hatehways as to prevent the cross bars from being putup to guard them,” yeats of age and @ native of Ireland, Mayor's Orrick.—The bad weathes seemed to have @ good effect on licensed people yesterday, a9 the complaints were few and unimportant. The case of the Oartmen's Protective 28, Groncw B., oon of Moses R. and Sarah L, Gilder- Funeral services witl be held at the residence of his parent, 97 Park avenue, th! ‘oon, at four o'clock. The Comae, L. I., for interment, GILE3.—In Brooklyn, on Sunday mornt: %, at six o'clock, Lizzig, the beloved wife A. W. Giles, in thie 41st year of her age. — ik a funeral hereafter. id of Emilie rh (he Sanitary Superintondent, meet uisance HT after- ins will be taken to Hi SB ze" » March 23, CARRIE NINA, only aud Lucius Hart, Jr, aged re invited to attend the fu- ce of her grandfather, Heary _— street, this (Tuesday) Randel, 38 East Thirty. afternoon, at two o'cl HaRPes.—On Saturday, March 27, in the 74th year James HARPER, senior member o! larper & Brothers. Funeral services will be held at St. Paul's Metho- dist Episcopal church, corner of Twenty-secend street and youre aera this (Tuesday) afternoon, family are respectfully invited to attend. HaRRIsoN.—On Saturday, March 27, JENNIE A., wife of Joseph G. Harrison. The relatives and friends of the family are invited from her late residence, 103 t, this (Tuesday) afternoon, , March 27, ANNIE, sec- ond daughter of Henry 5. and Margaret B. Hewson, aged 6 years, 5 months and 1 day, "Phe remains will be interred in Calvary Oeme- tery. wi llicrsnormay.--On donaay, March 2, Ronmer ICINBOTREM, aged 54 years, after a ling-ring tess. His relatives and friénds are respectfully invited to attend the funeral, from East Forty-seventn street, on Wednesday Irnvina.—On Saturday, March 27, JasHua IRVING, aged 50 vears and 8 months, The relatives and friends of the family are fully invited to attend the funeral, residence, 252 East Fortietn street, this (Tuesday) af- ternoon, at one o'clock. Jaques.—On Sunday, March 28, Mrs, MINDWRLL, widow of David Jaques, in the 79th vear of her age. Funeral services at the residence of her son-in-law, Jonn W. Lewis, 22 North Washtazton square, this (Tuesday) afternoon at two o'clock. JouNsox.—On Monday, March 29, CHARLES FRANKLIN, only child of Johnson, aged 6 weeks and 6 days. Joves.—On Saturday, March 27, EpMcND G. JONB*, youngest son of Sarah and the tate Wilitam G. Jones. ‘The relatives and friends of the family are respect- folly invited to attend the funeral, from his late resl- dence, 309 West Fortieth street, this (Tuesday) atter- noon, at one o'clock. Lane.—On Monday, March 29, MicHasL Hows Lane, in the Situ year of his aze. ‘The relatives and frien‘1s of the famil) fully invited to attend the funeral, residence, 232 East Thirty-second street, on Thurs- morning, a& baif- eaaeTT.—On Sunday, March 28, ELLA, youngest. one - bt M. and Legg aged year m Relatives and friends are invited to attend the funeral, this (Tuesday) afternoon, at two o'clock, from the residence ef her parents, 443 West Forty- , March 28. Jonn Lucy, The ‘and relatives of the family are respect- fully invited to attend the funeral, from his late rest- 63 LA Forty-fourth street, this (Tuesday) one , Conn., on Friday, March 5 Ja tae Site Yous af his Bae ik Hl ti tr i f i i Hf ij E ry ¥ i West Forty-seventh si HEwson.—On_ Saturd: ; j E i his late residence, 223 cities throughout the country. The resolution was accompanied by a request from Mayor Lali that such action be taken, as he ta frequentiy in receipt of ap- Plications from other cities for such tnformation as can only be furnished by these reports, The reselu- A communication was received from the Mayor, accompanied by a petition from THE ASTOR LIBRARY, BROGING for a donation of $537 to pay assessments levied on the library property for the Church street extension. course, coming from William B. Astor, was received with much astouisli venerable member from the east side asked pai of the * rule, it was laid over, bed Lawrence Graham, living in Hudson City, N, J., Clifton, 8. 1.. Charles and Mary tion was laid over, wored, and it matters not how olten he falis ot the or how grave the of- 1 Spotitionl uence” ‘possi = ” be granted; Wut, under " ‘A BOY'S FINANCIAL PECULIARITIES. James F. Madison, alias Clarence Rutherford, the hoy who forged the name of William Knowlton & Son to @ check m their favor, drawn by Mesars. Devoe & Co., for dotiara for each however, does not refer was laid over, after which general order’ lists and adopted a nui portant resolutions refe1 te the witness further on what | Tegulating, grading, t, lave penalty of twenty-1 i oon, Mvap.—At Greenwich, g& MeRnirr.—At Sing Sing, on Monday, March 29, MURL B. MERRITT. ‘The relatives and friends are invited to at Secona cent militia of the city. ° Alderman Norton asked if the question of the standing had not been so submitted ae submitted to any Board. Asit i F i i : a Hy i ; 2 I i i i | i f loses. e family are re- from her 4 - i +] a Hi it Pitt i & i i i i & . JOHN MoGowAN, on Barry, county il j 7 ; # i tee amid the laughter of the ‘getting equare” of Aldermen Hardy. DONATIONS were made to St. Timothy's chu! Eleventh Presbyterian tions were called up by one of the members. of was to donate frolfur's office the sum of EXTRA iii? | rf bj & 5: z to a clerk in the Comp- BR. Prince, in H t E dk ti i i - H : if : [ i | |, it: i; i i 2 2 3 fei Ev i ; if q EE iid Ae to the memory of the deceased, the without transacting any further business, A EE i if iff ADDITIONAL CLERKS. Resolutions were adopted empowering the Clerk of the Common Council to appoint a sixth assistant clerk, at $2,500 per annum; a third assistant, at the same salary, for the Board of Assistant Aldermen; a seventh assistant, at $2,000, and a fourth assistant clerk to the Board of Assistant Aldermen at a salary of $2,600 per annum. A NSW BULKHEAD, The Street Commissioner was authorized to adver- proposals for building a bulkhead at tne foot of Forty-sixth street, East river. fuliy it if S i i i : hte a a wo ‘The Comptroller was directed to draw his warrant for donations to the following churches and institu- ‘Treasurer of the Bighty-fourth street Presby- President of the School of ception. t ; i : i 5 t i i Py i the Immaculate t, from Fifth avenue tothe East atreet, First avenue Vela Guane Company’s Nuisance— Veal in the Market—Sults to be Com- Agninst Rev. Jobo Cotton Smith session of the Metropolitan Board of held yesterday afternoon, President Lin- chair, and, with the exception of Mr, in West Twelfth street, an alleged nuisance, was called, when the evidence was submitted and the merits of the and con by counsel, The | street Preabyte: ven from S i. time in | at twelve o'clock OO Saturday evewing, March 27, pour of Agtish, couaty Clare, ireland. hire papers please copy. K.—tu Brooklya, on sunday, ® resolution, which was for the abatement ane