The New York Herald Newspaper, May 4, 1869, Page 7

NEW YUKK HERALD, TUKSDAY, MAY 4, 1869.—QUADRUPLE SHEET. NEW YORK CITY. THE COL2i8. UNITED STATES CIRCUIT OUST. Notice to the Judge Ne'sor will sit in the United States Circuit Court on Monday, dist inst., to hear unfuisied and Adjourned cases.” UNITED STATES DISTRICT COURT—IN BANKRUPTCY, DecisionLieu of Attorneys Upon Papers of a Bankrupt. Before Judge Biatchford, dm the Mater Of Ue New York Mail (Steamship Company, Bankrupt.—Judge Biatchiord put on fle is decision in this case yesterday. “On the pe- tition in the matter by the assignees for the detivery Of papers by attorneys I have examined the afida- vite and other papers submitted to me, but it is iun- possible for me or them to come to auy satisfactory Conclusion a8 to some of the questions in- jai As to the claim of services rendered agar in dave been d ed tng nntary pcm vp rvices were rendered prior to the najunicaton of Bankruptcy, and, therefore, under section nucteen, ie debt for juem is one provable in bankruptcy, and the services were not reudered to te assighee, As there is no lien on an in respect services the debt for them cannot be paid. As to the other matters introduced ap order will be en- tered referring them to Mr, Johu Sedgwick, as a ref- to jumony as tothe matters introduced erec, in the petitions, aiidavits aud bilis for professional hereta and report such testimony; with his : rye the followmg points in each one of the wo R As to what suits it to be proceeded with, either yeond, as to any aud what ra in said sui! 5 and what papers suits hyp hh or ci the suits which ought to be proceeded with, biel one due and un- in id iotuaon attorneys Be’ eral i pe tb of veri G res, of pro- Ros ry them and a ‘about the in are feasional services rendered b; several suits which ought to be proceeded with, which are a lien on such papers and which ought to be pald to such attorneys on delivery by them of such papers to the assignees.” Lica naman Lampe oad Kr taro LPR ag Hams rown, Hall ‘anderpoe! re: spective claims, mM UNITED STATES DISTRICT COUaT—IN ADIMIRALTY, Calendar for To-Day. Before Judge Blatchford. No. 15, William H. Judah vs. Bark Thales; No. 90, Camden and Amboy Railrond Company vs. Steam- boat America; No, 76, Alfred Lawson et al. vs. Schooner William Hunter; No. 162, D. M. Munger et al. vs. Steamer Vicksburg; No. 273, Ebenezer !ack- son vs. Steamtug 8. 0. 3 NO. 274, P. A. Grittin et al. vs. Schooner Colonel Jones; No. 138, Coast Wrecking Company vs. Schooner Sea Breeze. SUPREME COURT—SPECIAL TERM. The Sioux City and Pacifie Raiiroad Litiga- tion—Interesting Testimony—How Fran- chises are Secured and Railways Con- structed, Before Judge Barnard. Charles 4, Lambard vs. The Sioux City and Paciyjic Railroad Company, John Iablair et al.—The plain- tll was one of the originators of the defendant, the Stoux City and Pacific Railroad Company, and the other defendants were his co-corporators. This action is brought for the purpose of having the Pilati declared by judgment of this court to be entitled to at Jeast one-ninth and possibly one-sixth of the capital stock of the company, which amounts in the aggregate to $4,000,000, From the testimony of the plaintiff it appears that in 1664 he, with @ Mr. Croeker, President of the Cedar Rapids Railway Company, were in Washington individually intent on the same object—viz., to se-» cure the passage of a bill by Congress which should aid the extension of the Cedar Rapids Railroad west- Ward on the same conditions as tie Union Pacific Ratlway. In their conversation, accordiug to Mr. Lambard’s story, it was understood that vartous tn: terests were to be consulted, among them three of the lowa Congressmen, and wicy tingly seca down to an understanding that cach of hese in joreuts shanid hawa a pints See ceee wanwuneta matty oe canoe AMLCKES Ls VONZTERS UlLL- mately made an amendment to the Union Pacific Railway bill which enabled them to acco‘npilsh their irpose, And there Were then conversations with ohn I, Blair and others on the same basis, which re- sulted in the signing of articles of incorporation and the subscribing by each of the sum of $1,000,000 of thestock. The case held in this stage till 1865, Wien it ‘was arranged that Mr. Biair. as president of the lowa. Contracting Company, should subscribe $1,990,000, and some of the parties, Including Mr. Lambard, should snbsctibe $110,000. In 1 Lambard went to Europe, and, as le says, arranged with Blair to protect his tnterest im the company before he went. After 4his $2,000,000 more of Block was sub. scribed, and, as Mr. Lambard claims, te cailed on Mr. Blair by letver to take up one-ninth of the new sub- scription for him, but for some reason Mr, Blair re- fused to do so. The government granted aid to the extent of $16,000 por mile, and i per cent was exacted on the stock. According co Mr. Lambard’s ideas the company must have avout $800,000 on hand for distribution. Mr. Lambard has got one-twelith of the stock allotted to the constraction company, amounting te $80,000, Lhe $119,000 subscribed at the same time, and the first $1,009 subscription, in all $191,000 of steck, but claimed one-ninti of the later $2,000,000 under the original arrangement and Mr. Biair’s promise to protect his mterest. Tne eagmeert of the road gave some interesting facts as to the state of the rou It was now tn run- ning order. There were, inctwling some junctions, 1063, miles of road, but the United States had allowed them wut 10.76 miles, the junction branches not being allowed. The United Slates subsidy bad been paid, but the United States Commissioner had held that $ must be expenaed before dhe read was roperly completed, He had submitted a report ixing the cost of the road at $4,968,000, but trat estimate included a bridge estimated at $1, He thought the road had cost trom $27,000 to $30,000 per mule to build and equip—say $2,450,000 for the road, They now had immediate need of $40,000 worth more of rolling stocs, machine shops, which would cost $50,000 to $79,000; which would cost $26,000; steamboats in place of the bridge for which they had contracted, at $25,000; depots, that would cost $13,000, besides fencing, that would probably cost $120,009, im all $9,150,009." Be. rides this the jaw required them to ballast tae Toad with stone, Wiuci, as thereavas uo stone within 200 miles, would Cost $100,009, and to anbsti- mie stone piers where the piers were now wood, this would cost $260,000. fe didn’t think the com pany tutended to ballast with sione., Tne deficiency Of £70),000, reported by the United States Com- Inmasioner, Was on the firet seventy miles, Ar. Jolin f. Biaw was called and testified that he knew nothing of any arrangement about ninths, though ready nine men had signed the articies, and nine had made the first subscription ot $1,009 cach, Theve had been a great deal of talk about the time of the passage ofjuhe amendment, bul no real agree- ment. In the latter part of 1866 he had become rather disgusted at the state of the ente prise, great national enterprise with but $9,000 subscribed. and some of those subscribers only worsing ou borrowed money. Le wen subscribed $100,000 himself and $100,000 for Oakes Ames, The subscriptions. were made for the purpose of muking @ report to Congress, but at the sane time they were*vona side, He considered himself and Ames, Who he knew would adopt whatever he did, responsible for the money. Then he had a conver- sation in New York, at which Mr. Lambard was pre- sent, though he (Blair) hardly took him into con- sideration, as not being responsible. Mr. Biatr had not a very high opinion of tinpecunions people. As @ resuil of that conversation, and he believed at his own suggestion, he went to Lowa, and there sub- ed $1,000,000 for the Iowa Construction Com- pany—$110,000 for imself and the same amount for Mr. Ames, and he thought for Mr. Lambert, and geome others Lad sigued similar auouts, 0 As Lo make up $2,000,000, He had subsequently, with the board of trustees, made @ report to the gov. ernment — that, $2,000,000 of subscriptions had been made h®hestly and were good. He had not then known thot the subscriptions were not good, though he had perhaps some doubts as to the solvency of some members, In fuct, Archer avd one, if nob two others had suggested that they could not pay ™, RO] per cent had been called le on the s.0ek, jad paid up all tis assessmenis, With regard to the loose conversauion with Mr. Lanrbard he did not remember its exact terms, but he knew that he had oniy intended to say thas ue should not on any technical matter be struck off. ‘Then came the increase of the stock, He had de. sired to clear oub the trash who had subscriber withoat mouey to make their subscription dl, 0 at least to bring in meu of responsibilty, Te had proposed to the Board of Trustees to therease the stock and they had referred it to the Executive Com. mitiee. The Executive Commiliee consisted of five. Mr. Lambard was one. He had at once opened the books for the pew subscription Of $2,000,000. There had been no formal ng a 3 of the Executive Committee authorizing tt, buvhe had acted ta ace cordance with the generai fecling of the meeting. Tie had received some letters, or copics of letters, from Lambard, or his clerk, ot from Wi liams, a8 Mr. Lambard’s agent, demanding scription, but had taken no notice of them, aa he did not consider Mr, Lauibard a responsible person. ‘There had been no formal meeting of the Executive Committe to close Ute books. Merely the subscrip- tion was filled, He had kept the books open after. wards only to allow transfers and the completion of ayments by subscribers, As to himself he had dur. Ing Mr. Lambard’s absence taken but $89,000 of stock, part of the stock subscribed by the Construc. tion Company, and Mr, Ames had taken $180,000 oF ihe same stock, p other §=6$ 78,000 being taken by vartous parties; he would have been Willing crongh to havo given Mr. Lambard bis one-ninth of that §89,000 bat for the charges he had preferred against him, Ho had how Abont $400,000 of the fonds of the com. AnY—Avout $00,000 Cash, about $15,000 United States Bont 8, $110,090 In a note of Jeasnp'’s and $150,000 In fa ote of Ames’, The company had not yet Issued they Bret worigage bouds, They were printed. The first sot had been d, deing wrongly printed, and a new lot printed. He did not know there wag | among ew some of them were li , OMe here Was a good ‘deat to be done on the road. ‘imey jt r age. the United States Com- eM Oee nel eat for 005 further Oi true road ha n accepte@ and the ey given bythe Unied Bunter His son bad taken $110,000 of the oe stock, and he bbe] Linge assessment of forty per cent. Some oi OLneErs had taken’ stock, The $9,000 of stock ut had paid for it themselves. taken by himself and the $150,000 by Ames and $5.00) Laken by others was, as he un- derstood, tie ‘affair of the Construction Company, Lie, a3 piaecens of company, had ali for it dt notified the stockholders % 1,110,000, at age s that company, of whow Mr. Lamoard waa one, Some of the slocklolders of that.comp: took their shares, Mr. L@imbard taking $50,000. The whoie amount of shares taken tb Uils wey was 33,0005 $78,000 of this subscription was taken by outside ite had taken part of the remainder and ir. Ames @ purt, rather ae reiteving the jowa Con- struction Company than asan original subscription, He considered this matier as entirely @ transaction with the lowa Construction Company. He thought the stock of the road was, well mauaged, wortn par. Mr. Jambard had previpualy tesufied that he ht the stock of the company wortn 129.) Mr. Ames testified that he had known nothing of any reement or understanding gs to the formation of the company; be Was not sure which of his subserip- tions he made personaily and which was made by Mr. Blair; whatever Mr. Biair had done for him he had ratified. Mr. Crane, on behalf of the defendants, argued that there was no proof of any contract prior to tue organization of the company as to Lhe suares Of the association, the only testimony to that effect being that of the plaintid’ as to some Conversation between hunself and Crocker; that such a contract, if auy, was based on the considerationjof interest with Con- gressmen, and therefore public policy, and Void; that this was the basis of the action, and the proof failing the action must fan with it; that the individual agreement of Biair with Lam- bard to take care of his interest while in Europe Was pot proved, but ifit had been was no ground for recovery in this action; that there was no proof whatever connecting Mr. Ames with the matter, nor apy ground of action against the corporation, since it had not made or ratified the contract; that Mr. |, having been @ director of the coin- pany, and knowing all its acts, was precluded from making a Claim against it; that the increase of stock, in which plaintity claims a share, was subscribed by about one hundred bona fide purchasers, as to whom no was pretended; that the plaiuti® bad failed to pay his first subscription, and it was merely through Blai’s good will that he obtained any in- terest, taking none of the burden on himself by Blair’s aud Ames’ efforts, it was a demonstrated sucvens. Mr. Field, on behalf of the plaintiffs, claimed that all the facts necessary to his case were admitted or clearly E agees ‘The company was formed on the basis of an agreement such a8 stated by Mr. Lam. bard, and this agreement was repeatediy recognized by the co. in the minutes of its directors, even im the very resoluuon authorizing the increase of. stocky Mr. Lambard had clearly stated an agree- ment with Mr. Blair, and Mr. Blair had not denied it, but only that he did not remember it exactly, and had some other interpre- tation of it.- There hai been a reterence of the ques- tion of increase of stock to the Executive Commitiee, but there had been no meeting of the Executive Com- mittee; but Mr. Blair aud Mr. Ames had taken on themselves to 0} lite books for subscriptions, and had recei' $2,270,000 of subscriptions, Mr. Lambard’s demand of his share and offer to pay the assessments was admitted, and no reason was given Jor a refusal to comply with the demand. The com- any, Mr. Biairand Mr. Ames were the guilty pee es in this matter, and the judgment should be against them jointly, “0 make up Mr. Lambard’s one-ninth he shouid recover 2,777 shares, It was shown that these shares were worth eighty dollars more than the assessments, The judgment should therefore be either that they deliver to Mr. Lambard 2,777 shares on kis paying the essessment of forty dollars per share, or that they pay him $222,160 in cash. e Court reserved its decision, SUPERIOR COURT—TRIAL TERM—PART |. Tem Thousand Dollars for a Night in Prison— Action to Recover Damages. Morris Duckworth vs. James Greer et al.—This was an action to recover the sum of $10,000 for alieged false imprisonment. The circumstances of the case were that on August 6, 1866, the plaintiff accompanied a pence who had been arrested and conveyed to the Third precinct station, of which the defendant is captain. it appears there was a large crowd at the station and that several persons were ordered away. eatin tk was among the number, and, according to, his com- plaint, was rudely ejected from the prem- I mn remonstrating he wag areested for deny conduct, takeu into the stauon aia ered to be locked up. The following morning he, in company with other prisoners, was taken to the Tombs and upon the complaiut being tendered against him-he was discharged. He now claimed damages for the alleged injuries to which, as he averred, he had been wrongtully subjected. The de- fence was a general denial of the several allegations contained in the complaint. For the plain, Mr. Blankman; for defendant, Mr. Vanderpoel. The jury rendered a verdict for the plaintia damages 91,000, SUPERIOR COURT—SPECIAL TERM. Becisio: Judge Monell rendered jadgment in the following cases yesterday morning:— Besion vs. World Mutual Live Insurance Company. Motion granted. Simon vs. Simon,—Motion granted. Livermore vs. Hamitton, J’.—Motion granted, Morey vs. Safe Deposit af New York,—Motion de- nied with ten dollars costs. Hollingford v8, Bass.—Motion granted with ten dollars costs. Dithee vs, MeClaren.—Motion granted and com- plamt dismissed. Lowery, Receiver, vs. McKeon.—Order granted, By Judge MeCunn, Jewitt vs. Crooke et ai.—Motion granted. Lanier et al, v8. Graysorget ai.—VProceedings va- cated with ten dollars cost: Teanovilz vs, Allen et al.—Motion granted without costs. Cassebier vs, Schluke,—Motion granted and referee appointed, ‘Flick va, Flick.—Judgment of divorce granted. National Gaslight Company of New York vs. O'Brien, Sherif, &c.—Compiaint dismissed with costs. COURT OF COMMON PLEAS—GENERAL TEAM. Decisions. The following decisions have been rendered by the General Term:— Peper yer | Appellant, vs. McKeon, Respondent.— Judgment affirmed, Bremer, Resporient, 08. The Hutsom River Ratt road Company, Appetant,—Judgment afirmed. Smith, Responden', vs. Freel, Appellant.—Judg- ment reduced to $40,000 and affirmed as to residue. Application io go to Court of Appeals denied. Hochberg, Respondent, v8 Brown, Appellant.— Judgment affirmed. z Carian, Respondent, vs, The Rev. Father Mathew United Benevolent Tolat Abstinence Benesit Society, branch No, 7, Appellant. Arnoust, Respondent, vs Pike, Appeliant.—Judg- ment affirmed, Wilson, &¢., Respondent, vs. Logan, Appelant.— Judgment atirmed. Bnglisn, Respondent, vs, Peck, AppeTant.—Juda- ment affirmed, Tappin, Respondent, vs. Murray.—Judgmenut re- versed, Rink, Respondent, vs Dunn, Appellant.—Judg- ment reversed. Murray, Respondent, va, Leszynsky, Appeiant.— Judgment afirmed. Ford, Respondent, vs. Ford, Appetiant,—Order at Special Term armed, with costs, ‘Carroll, Respontent, ve. Kelly Steel and Skirt Com- pany.—Jadgment reversed, Cappia, Appetian’, 0% Lichenstander, Respon- dent.—Order affirmed. Tiimt, Adininistratriz and Respondent, vs, Singer, Appeliant.—Judgment armed. Fell, Respondent, ve. The New York and Harte Railroad Conpany, Appelants.—Iudgment aMrmed, Erhardt, Respondent, vs. Reynolds, appellant— Judgment asirmed, Staniey, Appetiant, vs. Reynoids, Respondent.— Judgment reversed. Schetber, Appellant, ve, Setkirk &@ Brockway, Re> spondents tugment reversed, COUNT OF GEWERAL SESSIONS. Before Indge Bedford, Jr. The May term of the Court of General Sessions commenced yesterday. District Attorney Garvin, aided by hig assistants, Moessra, Hutchings aud Tweed, appeared to conduct the prosecutions in the yarious trials, The calendar was catied and days fixed for the various trials of cases; excuses were taken from petit jurors when they proved suficienty Then the Grand Jury were empanelied and sworn, ‘The Court appointed Mr. Joseph M. Cooper to act as foreman, after which Judge Bedford charged the Grand Jury as follows:— MR. FOREMAN AND GENTLEMEN OF THE GRAND JuRY—It ts asual on the opening of cach term of this court for the presiding Judge to offer afew general observations to the Grand Jury in reference to thelr duties and the solemn responsibility devolving upon 1 do not think It necessary,to make a length. address to you with to these duties; suitice it to say that the oath which has this moment been administered to each and all of you very broadly indicates the mea sure of your responsitilities, and Will, no doubt, awaken you to ajust appreciation of your condue' as grand jurora. imay, however, be permitted to remark that, indeed, at one time, there were strong grounds for be aed that crime in this city threatened to epidemic; but it affords me great pleasure to Sy, that, owing to the vigtiance, energy and prompt action of the authorities, this apprehension has not been realized. On the con- trary, the bold and daring recklessness which, but a few weeks ago, characterized owr criminal Nas been paipably very much diminighed., With these few remarks | willorder to be piaced in your prove a guide performance aulles, utlemen, Ae iset sow retire ny ae Upan your labors, ¥ A few motions were then made, when the court adjourned till ten o’elock today. THAD DSTAIGT GiViL CaUBT. Wha Came of Houschunting. Before Juage Suuth, James H, Gorman vs, Thomas Ettiott.—This was @p action brought by the plaintiff against the de- fendant to recover eighty-eight dollars and seventy- five cents which the plaintiff alleged the defendant wrongfully converted, ‘The facts of the case turned out on the trial to be as follows:—The wile of tne plainuff called on the defendant, who is a house agent, for the purpose of ascertaining if le had any houses to let, He gave to hera permit to see the house No, 9 Horatio street. She took the permit and called at the house referred to. The occupants ebowed her the premises. She liked the house and called immediately on the defendant and informed him that she eoree take it. ‘The next day the de. fendant bis clerk to the piace of business of the defendant with a lease, The aintitt signed and executed it, but immediately after discovered that the lease was for premises No. 8 Horatio street, and not for No. 9, the house which be tad hired. He unimediately cauied on the defendant and informed him that the lease was made out and executed by him under the supposition wat it was for the honse he hired, be demanded back the advanced month’s rent which he had paid; but the defendant refused to settie and insisted that he had hired No. 8; the written permit was offered by plaintiff in evidence,tand the Vstimony of Mrs. Gorman clearly suowed tie facts to be as above stated. e defendant attempted to show @ dulerent state of facts, but failed to sattsty Judge Smith of his fair dealing in the matter, and he rendered a judgment in favor of the plaintiff tor the amount claumed and stated that the defendant, in default ot parene of the judginent was subject to arrest and imprisonment. COURT CALENOAR—THIS DAY. Surreme Courr Crcuis.—Part 1—Oyer and Ter- Miner.—Nos. 1599, 1441, 1039, 1679, 962, 1643, 1767, 1475, 1501, 1317, 891, 1645, 1155, 1437, 573, 4247, 1607, 1325, 932, $24. Part 2—Adjourned to’ Friday, May 7. Part 8—No citcuit calendar, SpeciaL Tera.—Demurrers—Nos, 17, 18, 19, 20, 21 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, Issues of law an fact.—Nos. 273, 203, 165, 166, 167. CHAMBERS.—Nos. 9, 20, 24, 47, 54, 68, 69, 70, 73, Surenton Court—TRiaL Term.—Part ‘Nos. 859, 409, 405, 2020, 833, 799, 393, 209, 857, 735, 345, 885, rg 893, 894. Part 2—Adjournedg to Monday, May COMMON PLEaS—TRIAL TERM.—Part 1—Nos. 599, 960, 590, 591, 592, 603, 595, 597, 598, 599, 600, GUI, 602, 603, 604. Part 2—Nos. 236, 365, 575, 162, 614, 641, + 113, 638, 333, 574, 187, 167, 652, 547. JARINE COURT—TRIAL TERM.—Nos, 2321, 2630, 2257, 2 2643, 2644, 2645, 2646, 2647, 2647 14, 2648, 2649, 2650, 2051, 2652, 2653, 2654, 2655, 2656, 2657, 2653, 2659, 2060, 2661, 2662. CITY INTELLIGENCE, THE WEATHER.—The following record will show the changes in the temperature for the past twenty- four hours, in comparison withthe corresponding day of last year, as indicated by the thermometer at Hudnut’s Pharmacy, Heratp Building, Broad- way, corner —— oo ig 53. 50 aq 45 4835 Average temperature correspondi 413g Average temperature on Sunday. 4635 Average temperature correspondi ‘. Tae Custom Hovse.—Collector Grinnell is in Washington, consulting the heads of departments in relation to reforms in the Custom House. It is expected that important changes will be made in ‘the business of tne public stores, Five Points House or Inpustry,—The annual exercises of this institution will take place this even- ing, at Steinway Hail. The children will be present and engage in a variety of pleasanc and int ting perce: Henry Ward Beecher will add the ing. DRowNeD.—The body of @ man, recognized as that of William Lahey, thirty-seven years of age, late of No. 145 Thompson street, was yester- day found floating in one of the East river: docks, 1 The boay Wee soenred and one of the coyyners noti- fied to hold an inquest. DEATH OF AN AGED Lapy.—Coroner Rollins wes yesterday notified to hold an inquest at No, 94 Fourth avenue, on the body of Mrs. Moloney, a woman ninety-five years of age, who died on Sunday night. Deceased had fallen, and the shock to the system resulting therefrom probably caused death. A SaiLop DrwNeD.—A boatman coming from the ship J. W. Hattield with seven sailors in his boat was capsized in the North river yesterday morning and ove of the sailors was drowned. He is said to have worked his pass home in the ship from Europe, and that his family resided in this city, PRESENTATION.—James Kelly, €X- aster, was presented yesterday afternoon with a beautiful gold watch and chain valued at $700, which sum was spontaneously contributed by the employés of the Post Omice. The presentation, which was made by Superintendent Hattett on behalf of the employes, Was stricly informal, and passed of with mutual expre.sious Of regard and esteein. , THe New Postmaster.-General Jones, the new Postmaster of this city, took full charge of his office yesterday. He was bored all day by applicants for position, to all of whom he gave little or no en- couragement. It Is the Postinaster’s intention at the earliest convenient day to pay a visit of inspection to all the sub-ofices of the district, accompanied by Mr. Kelly. FounD IN THE WaTeR.—The remains of a man -named James McDermott were found ficating in the dock at pier No, 4 East river by oficer Fairfield, of the First precinct. The body was carried to the late resideace of Use deceased, 64 Gouverneur street, where Coroner Fiynn was called to bold an inquest. Deceased left his home on Sunday evening, and is supposed to have acctdenially fan overboard. He ‘was twenty-eight years of age. Mayoun’s Orrice.—Tne business at the License Bureau yesterday was very slight, and Marshal Tooker Imd but lithe to do in disposing of the few cases brougtt before lim, The complaints. were chiefly against hackmen for not having their vehicles properly numbered or standiag without i, and one or two against truckmen for not haying their trucks numbered, end one for driving without a license. ‘Ihe cuiprits were each tined and repri- manded, and notified that a repetition of their offences would probatly cause the revocation of their licenses. Boand oF ALDERME ‘This Board met yesterday afternoon, with the President, Alderman Coman, in the chair. No business was transacted, except the adoption of a preamble and eet of resolutions in re- lation to Third avenue, from Ninety-second to 110th streets. The preamble sets forch that the avenue is in such a bad condition as to endanger velicies, when laden, in Bttempeing to travel on it; that on Friday last three trucks, heavily laden with furni- ture, Were upset at three digerent points and the furniture badly broken. The resolution directed the Street Commissioners to erect barricades on the ave- hue between the above mentioned streets, until such time as it snouid ve placed in proper repair. New YORK INSTITUTION FOR THE BiINo.—The anniversary exhibition of the New York Institution for the Blind ts announced to take piace on Thurs- day, the 19th inst., at Steinwaf tlall, The enter- tainment will embrace a great variety of vocal and justrumental music. together with many interesting literary exercises by the inmates of tie institution. ‘She public at large, besides the gratification of con. tributing to so fiseful a charity, will be afforded a chance of becoming better acquainted with the methods of education adopted by the managers and to observe the remarkable proficiency which has been made by those who have had’ to strage’ against ail the disadvantages of a terrible physical jutirmity, Fara ACCIDENT ON SHIPROARD.—Coroner Schir- mer was yesterday called to the rear of No. 408 West Sixteenth street to hold an inquest on the body of dobn Armstrong, an Irish laborer, forty-four years of age, who died from the effects of injuries received on the 16th ult. Deceased was at work in the hold of a ship, foot of Eighteenth street, when a tub, con- taining coal, on being lowered, strack him on the head, partially stunning him, He, however, con tinued at his work for nine days atierwards, when he was taken down and died, as stated. Deputy Coroner Cashman, from a partial examination of the body, was of the impression that death resulted from inflammation of the brain, That, however, would be determined by a post mortem. AN Itustt GENTLEMAN FoCND Drab 1x A STADLE.— Many years ago Cornelius O'Donnell, a man of edu- cation and refnement, who Inherited @ fortune in Ireland, having become much reduced in circum- stances settied up his affairs and came to this coun- try with a view of retrieving Nis losses, Success, however, did not attend lim, and Moding no voca- tion more congenial to his tastes he accepted the position of head carver at the St. Nicholas Hotel, the duties of which he discharged tn a satisfactory man- ner. Eventually, however, Mr. O'Donnell left the hotel, and at invervats since has drank to excess, Nis means having become _ exhausted, Some time ago, having nothing better to do, Mr. | engaged take cate of some & gentieman who stanies in Twenty- ninth street, neat Seventh avenue, and quite frequently he stept in the stable at night On Sunday evening he entored .the stable, bolting tie door after hia, and proceeded to look after the com- hands a brief {or grand jurore, Which will a& once | forts of bis horses, Yesterday morning, aa O'Dou- nell make his appearance as usual babe ee ae the cary was forced, = ip “4 was found dows io box comtumlng oat. It is 2 PI it while stooping over to take out toad se the O'Donnell ae my cf yi head or a fit, tailing into X expired soon afterwards. Tue body was removed ene Corouer Rolling notified to hold aa inquest. peceased, WhO yas seventy years of age, had no permanent home or means of suj but iis re- uging will be decently interred by frieads and ac- quaiatances. Mr. G’Ponnell has relatives of wealth aad posit in the old couytry, one of whom is a magistrate in Irelaud. BOLD ROBBERY AT MIDDAY. Seizure ef an Express Wagon, a Safe and Vaiunole Package of Mouey. Hounslow Heat ana its memorable records of @aring robberies and all the exploits, real and fieti- tious, of Mie Jack Sheppard sehooi of aighwaymen present in audacity of execution few parallels to a bold robbery perpetrated at midday yesterday ta Broadway, the chief and’great thoroughfare of our great city, and at this hour so filled with passing pe- destrians and velteles of every kind. ‘The detatis of the story are soon told and are as follows:— Ata few minutes before noon one of the wagons of the American Merchants’ Union Express Com- pany was standing at the corner of Pear! street and Broadway, {t was in charge of William J. Cox, a slim and delicate lad of about eighween. The deliv- erer of packages bad just gone into the Central Na- tional Bank to delivera money package, leaving the wagon in charge of this lad, whose vocation was to accompany him in his rounds of pad look =afier the horse and wagon in his temporary absence. In the wagoa was an trou safe containing from $30,000 to $40,009, and besides this were a number of separate money packages of several thousand dol- lars mere. ‘uick as thougnt three young men leap into the wagon, young Cox is thrown fr@m his seat into the back of the wagon and heid tightly with his face down by two of the men; the third nan seizes the lines, puts the whip to the horse and away they dash ata break-neck pace. Mr, J. Dyer, who drives a truck for Aronson & Co., 248 Canal street, happened to see the whole aifatr, quickly as it was done, and at once comprehended the state of the case. Leap- tng from his truck, and at the eminent peril of his own life, he seizes the horse by the head and brings it and the vehicle and the persons in it to a stand. The three robbers do not like the situation. They jump from the wagon take recourse to fight. Two are fortunate enough to cecmye, throng on Broadway. among the A third turns down Worth street, and on turn the corner of Church street rans into the clutches 0! otticer Gibson, of the Fifth precinct. The officer, though not knowing what the matter is, but wisely concluding that it is better to nab this lugitive than Jet him pass on, seizes him. His prisoner str'kes him, which makes him more determined to hang on to him, aud so he catches him around the neck and holds him fast till another officer comes to assistance. The pris- oner was forthwith taken to the Fifth precinct station house, where he gave the name oi James Butkley. He proved to be di ed. Over a fine pair of French pone were a pair of coarse blue cotton overalls. He had also on a knit coat and shabby hat and coarse shoes, His contederates were some- what similarly dressed, which makes it quite evi- dent the robbery we have described, 01 ove of like boldness, had been planned in advance. The prisoner was. taken to the tomes but, pending getting a statement of the ‘quantity of money and other valuables tere were in the wagon at the time of the robbery, no aifti- davits were made. These afflaavits will be taken at ten o’clock tis morning, when the prisoner will be arraigned (o answer the charge. Mean- time he was remanded to the Fifth precinct station. He fa a young man, evidently not over twenty-iour, thick set and sinewy, but with a disagreeably hard and lorbidding expression In his face. THE SPIRIT PHOTOGRAPH CASE. Biographical Statement of Mr. Mumler—Sam- ming Up of Counsel—Dismissal of the Come plaint—Congratulatory Shakes\ot the Hand of Mumler—The Closing Act of the Drama. The closing act in this public drama was per- formed this morning at the Tombs, before Judge Dowling in the summing up of counsel. Asin the previous acts of the drama—if a farce can be digni- fled into a drama—there was the usual large attend- ance of spiritualists, of nondescript visages and other curious lookers on interested in the proceed- Ings. Judge, counsel, the prisoner and spectators ‘Were at ten A. M. promptly in attendance. Before the opposing counsel entered upon thelr oratorical narangues Mr, Mumler, the prisoner, was asked what he had to say. Rising to his feet he produced a manuscript, and proceeded to read it, which, however, was more biographical than ex- culpatory. He stated that in 1861 he was employed in business in Boston. One day while in the photographic establishinent of a Mr. Stewart he was taking.a picture, and, to his astonishment, on the background of the picture there appeared asiadowy form. He was then a more,novice in the art. Sabsequently he took up photographing and very soon de- veloped a strange power in producing spirit forms on the pictures he took. He de- nied positively ever having written any letters to Mr. P. T. Barnum, as alleged by tue latter gentieman, and which letters were suid to have been destroyed In the burning of the Museum. In regard to Mr. Tooker, the Mayor's Marshal, he remembered the spirit form ou the picture, and certainly a more villainous looking spirit form he had never seen, which was to be accounted for, no doubt, from being the spirit of the person nearest im sympathy wit Mr. Tooker. He explaimed his refusal to take pic- tures in the preaence of @ committee of photograph- ers as acting in compliance with the advice of his counsel, Who cautioned him against being led tate any such trap, ir. Mumier having concluded the reading of his manuscript, Mr, Townsend, his counsel, proceeded to sum up. He began with reading the section from the statute which the accused was Charged with violating. " x ae that if Mr. te eed failed to t aspirit photograph, as promised, it was only a Sonat of contract. Next in order be review the lye of the witnesses for the prose- cution. He that their combined testimony was conclusive, as proving that Mr. Mumler pro- duced on photographs the forms of svirits, Respectable witnesses, whose testimony had been unimpeached, declared most ‘itively to spirit forms on their photographs being the likenesses of deceased relatives or friends, A mother had stated that one of these spirit forms was on each likeness of her son, Who had passed away, and so, vice versa, ason had testified to one of the spirit fornss being a Itkeness of his mother. In netther of these cases were there likenesses in existence taken while they were In this life. Proceeding on with his argument, he referred to the fact that Andrew Jackson Davis commissioned Mr, Gurney to test Mr. Muinler's process of taking spirit pictures, and that the latter failed utterly to in it any deception. Having Onished his review of the evidence op both sides Mr. Lownsend quoted ly from the Scrip- tures, showing the existence of spirits and the fact of their being visible, .He latd particular stress on the case of Balaam and the ass, when the ass saw the host form, which Balaam at first failed to see. He a that when an ass can see spirits men of larger intelligence, toough less length of ears, must be able to see them; and he further tnsisted that such ghost forms, being visi- ble or otherwise, can be daguerreotyped. In con- clusion he urged that Mumier had committed no of- fence; that he was guilty of no violation of any law; that he was only endowed with an unusual and mar- vellous gift; that his business was imate; that the present complaint should be dismissed and he be allowed to continue bis business, Mr, Gerry, in ing for the prosecution, after an appropriace exordiam im general terms, entered upon a review of tue testimony for the defence. Drought he considered as a partner in the sw die, ond thus dismissed him. Ex-Jadge Hdmonds, though an able jurist, he pronounced as like many other men of the past and present time, labor- jug under mental hallucinations. His testi- moty he regarded as amounting to no- thing, AS to Mr, Gtimore, alias Edmaad Kirk, he compared him to Snodgrass, who, ‘tu 1’s wick,” took off his coatgand told a crowd that he was yoing to whip some one, and was at ence arrested. Sais ‘witness told Mumier le had come there to de- tect his humbag, and thus put the latter on his guard. Regarding Mr. Gurney, the latter thought there was a nigger in the fence, but was unable to detect th EUnopian, Mr. Terry he deciared as simply av in- telligent oyster dealer—this and nothing more, Mr. Bremont, the Texan railroad contractor, lie thought, might be sharp in ratiroad matters, bat not at all sharp in detecting spirituatistic humbags. Mr. Silver, Who soid oat to Mumier, had tried to detest the humbug, but was unable to do so This he considered as only deepening the mystery of Mumier’s spirit photographing, Mr. Sice he declared as an in ignorance, rather than photograp! who could not tell what a prisin is, and is in no danger by the extent of his sctentific attainments of setting the Hudson river ou fre. As for the retired mercnant, Mr. kiverinore, he insisted that all this gentlentan’s testimony amounted to Was sunply Pasig spirit picture with a mysterions head With a floral wreath about it and uo spirtinal smell apparent. He next took up Mumilers yellow pamphiet, which he considered the sublimity of audacious trifling with the most sacred feelings. Finishing up the pamphiect, he dweit at some length upon the subject of spiritual. istn. Its foundation, he urged, was a denial of the authenticity of the Bible, andin support of this argu meat cited passages from the works of Andrew Jack+ gon Davis, On the contrary, he showed the authen- ticity of the Bible, and. particularly te books or ihe Gospels in the New Testament, by quo- Greenieaf on evidence. The vitae «summer Land he characterized as a comb on of imaginative trees and brooks cd stun liget nd shade—a grand place for a picnic. After showing that Byron, Cooper, Goethe and others, iustrions m. the world of letters, Were suiject to uallucinations, he dwelt at length upon the nine methods, as shown by photograpiie experts, by which the saine kind of picvures taken a, Muniler conid be taken by any photographer. Mdaiging next in acramatic interiaie in Which the prisoner and the witnesses were tie re d@ramatia persona, he urged that Mumier was guilty of ialse pretences; that hig taking tho amounts deilvery_ hs was common taw charged for his SU!rit larceny; that me * was y culpable with im and, that bat’ a ved ‘the panishuscut prot vided in'the statutes for suck cases. Mr. Townsend made a tots -~lolader, after which Judge Dowling gave his decision, 8 £ mene ahr @ careful thorough analynw’ Of ths ine teresting and, I say, eX. 20 od case to ‘the con Nuit there ney heve been trick and deception practise 1 by the prisoner; yet, as | sit sae mateo to deier- mine trom the evidence given by witnesses ac- cording to law, {am competied to decide that I would hot ve justiied in sending Uus complaint to the Grand Jury, as in my opinion the pecencunicn has complaint and order tse a uae of the prisoner. oa Bt an T the disc’ ol a Succeeding the rendition of the Judge's decision there was @ tumult of joy among the spiritualistic jathering. Men and women hurried to congratulate unler, He bore up. braveiy under the vigorous clear, fumler, jubLs ani e | thus ended the drama. a INFELIGITY IN HIGH LIFE. A Quarantine Officer Abandons Hie Wife= The Case Beiore a Police Court—Wite nesses frow Fifth Avenue. On the 27th ultimo Mrs. Emeline Wheaton, of the St. Germain Hotel, appearea before Justice Dodge, at the Jefferson Market Police Court, and presenting o@ jetter from the Commissioners of Charities and Corrections preferred a charge of abandonment against Dr. Henry Wheatoi, boarding officer at the Quarantine station, In her affidavit she clacges that the Doctor has been her husband for seven years and that he has left her without adequate means of support. On the 28th ofMficer Ferguson, arrested the defend- antat the Quarantine station and arraigned him before Justice Dodge, when he stutea that he ta twenty-eight years of age, a native of Connecticut, a resident of Staten Island and by occupation a phy- Sician and boarding oMcer. In answer to the query as to his guilt the deiendant said:—“I am not gully of the charge of the abandonment of my wife. {am m receipt of $1,200 per year for services in my oMice; Treceive that as a salary.” Upon these proceedings Justice Dodge made an order for the paymeut tothe complainant of ten dollars per week and admitted the accused to bail. The complainant 1s a lady of commanding appear- ance, aged about fifty years, aud was tastefuliy at- tired in black. No children have biessed their anton, It is said that she was before ber last marriage the wile of Henry Brown, a well todo merchant of tms city. xt eleven o’clock yesterday a hearing of evilence in the case was had at Jefferson Market, when Mr. Bookstaver ap; for the complaimant and Mr. McDonougii for the defendant. On her examination Mra. Wheaton testived as fol- jows:—I was married on April 29, 1862, at the church in Sixteenth street, by the itev. Devlin; I went to Paris, aud on my return Mr. Wheaton went into the army and I resiied with his mother in Providence, R. 1; I have resided here since November last; he has fre- Wisse Uireatened to abandon me, and las faaly lone 80; I have asked him to support me, but le has dectined; [ have no means of support; ave en- deavored to get pupils to supvort, falied, and have no properiy of imimediate aval; alier my mother’s death 1 come into possession of 2 simail property. Cross-examined by Mr. MeDonowgh—A year ago last February | last dived with my husvand on Staten Island; it was then he abandoned me, aiter being turned out of the hotel; he left the hotel for this city, and i came away the same night and found him; I believe he is living now on Staten island; 1 have heard that he takes his meals in this city; I have not abandoned him; I returned w the hotel on Staten Isiand, out was forcibiy put out; there 1s a property on the corner of Lispenard aad Church streets in which I lave a third ucerest; the lot 1s worth $24,000; there are $5,500 in mort- gages upon it; [ have no means to pay the interest; the money 1 obtamed upon itl paid for rent of a house that Mr. Wheaton rented to Keep boarders in; the money thus obtained was used entirely in ing rent; to cover other expenses Mr. Wheaton sold my silver, jeweiry and clothes; I had the pawn tickets; L have lived for three weeks as a visilor at the St. Germain Hotel; I borrowea money to pay my bill there; Mr. Wheaton’s mother gave me aii the money she could, aud other members of the family have aided me, Redirect—He told me to go to the lower regions; that he would not provide a home for me. Several letters relating Ww family matters were here recognized by witness and put in as evidence. Arthur Leary sworn for the complamaut—I reside at No. 90 Fifth avenue; 1 know plamtif and de- fendant—the former for twenty years; I am ac qualnted with her tiuauciai adairs; ali the property she has 1s ler interest in the vacant jot corner of Church and Lispentrd streets, which produces no income aud is all the time subject to taxes and as- sessments; she has no other property; she gave a mortgage on the property for $4,000, another of ¢800 and accumulated interest for two years; 1 nave ad- vanced severai hundred dollars and took her notes; I know Gefeadant has abandoned her and uo longer lives with her, ‘The prosecution here rested, when Mr. McDonough aanouvced that he had no rebutting evideace to offer, as her Interest in the property shows that she cannot become a burden on the county when fully $1,500 can be raised on the property. For this rea- son the defence held that the amount named in the order should be reduced if the order ve not vacated. They also claimed (hat tieir residence had conttaued to be on Stacen Island, and complaiaant had come to New York, and therefore a cuarge of avandon- ment could notlie. =~ Justice Podge took the record and amnoutced that he wouid give a decision in a lew days. THE BOAND OF EXCISE. ‘The Board of Excise met yesterday afternoon, the President, Judge Bosworth, in the chair. A woman named Fiizabeth Baker, residing at Staten Island, complained against Weirt Banta, who sold ner liquor on Sunday, the isth of April last. The complainant testified that she had repeatedly warned the defend- ant not to sell or give liquor to her husband, and that on the day in question she determined to put an end to his career as a liquor dealer, 80 she sent her lite girl to him for spirits, which ste got in a bottle. The defeadant swore that when the girl came to him she said that her namo was Latourette and that she wanted the liquor fora sick man named Derket, The license was revoked. The licenses of the following persons were revoked:—John Dick- hardt, 117 Hester street; Weurt Banta, Bln Park; Henry Fitas, Ninety-second street, between Second and Third avenues; Leonard Dackermann. The following communication was read aud referred to a special committee—Commissioners Lincolm aud Stone—to draw up an appropriate answer:— SAYHnoox, Conn., April 19, 1969, To THE METROPOLITAN Boaky ov’ Exe GENTLEMEN—Tho condition of my heait has compelled me to retire from the oflice of Metropolitan Police, creating Boards of which 1 have been x member. It goers to that the measures in progress are wire to fill the vacancy legally, promptly and, t hope and believe, ina manner ac- ceptable to the public and to the several Boards in question. know of no. public body the action of which ts more im: portant to the citizens than that of the Board of Excise. The Experience of three years demonstrates the value and eiiicacy of thorough, finpartial and enlightened administra tion of the Excise Jaw in securing public order. perso: safety and social comfort of the inhabitants of the district. T have an abiding faith that the Board of Excise will in the future discharge, a8 in the past 1 bas di ite very im- portant functions in such manner as to secure ty themselves and. to the Excise Inw cont! in ‘public eom- mendation and support. Tn terminating the official relations which have existed be en us it affords me great pleasure to tender to the Board, and iy to each member thereof, well-deserved thanks: for the kindness, confidence and conkideration at all times extended to me in all cases and under ail circumstances Whroughout the term of our oficlal connection. I trast that euceess may attend the future of the Board, and fhat each of you may personally enjop eontinye! prospsrity, health wud happiness, IOMAS ©.ACTON, “THE BOARD GF MEALTA, The Board of Healtn held their regular weekly meeting yesterday afternoon, Presideut Lincola in the chair, Judge Bosworth, chairman of the Committee on Finance, read a lengthy report concerning the orders of the Board that have veen complied with and not complied with, &c, The report is of more interest to the Board than to the pubiic, being especially de- voted to the consideration of the Assistant Attor ney’s report submitted some time ago, Mr. Eaton, the counsel, oflered a substitute to the ordinance on cattle driving, to the effect that whea- ever cattle or sheep shall arrive in the Twenty-second or Thirtietn precinct after the hours fixed for driving cattle through certain streets, which cattle or sheep may have been delayed without wrongful act on the part of the owners, that they shail be allowed to ve driven above Fortieth street on the drivers ree ing written permits from the respective police oiices, under such regulations as the Board of Poltce may see fit to enact, The substitute was adopted. A lengthy communication was received from the Superintendent of Street Cleauing, tue pith of which ‘Was the recommendation that stationary tron boxes for garb should be placed on the sidewalks in tenement house neighborhoods and portable boxes in other neighborhoods, s The permits of several butchers to slaughter sheep and cattle inside the city ltmtcs were renewwert. A communication from the Registry Clerk was fead, in which he requested co be informed whether or not he would be jastified In regieet ng amarriage . Ww rformed by a notary public. THe renael remarked that the marriage was on doubtediy a legal one, hut that as it took place in an milar way some distinction from ordinary certt- flcates chowld be made by the clerk in making Ont the Certificate, so that If 1 were the tateniion of tthe married parties to make tee of the certificate In for- @igu countries the authorities in those countries ould ba aware of the irregularity. ‘An ordinance prolibitiug the keeping within the ‘as you know, Gouratesioner I have come that the prisoner should be eischarged, I: State that, however, | may be morally convince: | foie, Nenies ofc ane, oxts 0 bonne gBilictamane the rat eeeencteaes from Mn dete, Se which, while his oitice as sioner, he takes to express thanks to the Board for the uniform kindness extended to him Guring his term of office. De, Stone called up his resolutions concerni quarantine matters, but on motion of Commission: Maniere their consideration was postponed to the next meeting of the Board. QUARANTINE, The Grounds Pt Were Sold—No Record of the Sale—Where 7494 the Money Gonet The grounds at Staten is.2M4 Close by the first landing, which formerly constitute’ the Quarantine * Station, were sold, it will be rememby red, towards the end of last summer, to three persons, uamed Weiner, Shortiand and Reynolds, The HERALD g3*¥ very full particulars afterwards of the manner in Which that sale was effected; how the most valuable piece of land on Staten Isiand was disposed of for | less than one-fourth of its value, and how the par- ties professing to be tne purchasers represented others than themselves—represented certain men whose names are pretty prominent, and who felt no particular desire to be mentioned in connection with the transaction, About nine months have elapsed since the grounda.were soid, aud as yet no record of the deed of sale appears on the books of the County Clerk at Richmond, Staten Island. AN sules and transfers of real estate have hitherto been recorded. in this quarter, but we have yet to see tts of the Quarantine grounds put down for reference. lt may not be exactly prima sucie evidence of something being wrong in the sale itself, but it is certainly provocative of suspicion Uiat in thearrangement of sale nud purchase there must have been features of ivregulariiy that could bardly stand the test of ex- posure. The trustees of St. Audrew’s Episéopal church Ccoulemplate inatiiuting proceedings for the recovery of the Quarantine grounds, score that, being originally given on by the church to the State for quarantine purposes solely, they reverted to tue churca when they ceased to be used any iouger for the object for waich they were granted, ‘The trustees have a very goo case here, and the State can hardly question the pro- priety of the claim. But the grounds have already, it is Supposed, passed out of the hands of the State into the possessiou of Dr. Swinburne and his friends. There is no record, however, in the way of the trage tees, and when they demand of ihe State that the grounds be restored those who Claim to be the owns ers will have to produce their deed of purchase and let the public know who they are. Governor Hoff- man could very convenlenuy inquire at Aloagy of the State Treasurer whether any money hag been paid in as e of the $200,000 which we were told last year was to be paid for the property. If none is marked down then the sale has been avery plain swindle; for it was stipulated, according to Mr. Johnson, lawyer for the Comuussioners of Quarantine, that at Jeast $40,000 should be paid in cash alter the pur- chase was nade. [tis the intention of those who own the property now, or claim to own it, to cons tinue a street of the village at the first land through the centre of the grounds, taus dividing ft off into two sections and enhancing the value of each, horse car ratiroad will be laid slong this sireet, and building lots wilt no doubt be held at a high fgure. Considering that there are twenty acres in the grounds the vaiue of the whole wili reach something like @ifiliion of doliars. ‘The information 1s asxed im all kinaness, wien and wiece was the money paid for the Quarantine property, aud why is not the deed recorded at the office of Mr. Egburt, County Clerk at Richmond, Staten Island? RITUALISM EXTRAQADINARY. The Guild of the Holy Cross—£xtraordinary Services in Christ Church—The Brilliant Altar, Gorgeous Vestineuts, Candies and Little Boys, Christ church, Fifth avenue, was yesterday morn- ing the scene of an intensely rjtualistic service, come memorative of the organization of a high church Episcopa: society, called the “Guild of the Moly Cross.” The attendauce w+ quite large. On enters ing the visitor was asked ii he belonged to the “Ky- rie; if so, he was requested to enter by the door on Thirty-fifth street. The following circular was handed to occupaats of pews:— (Confidential. | Catholic worshippers who may attend the private come memoration of the Guild of the lLoly C a eeivis in the Post wervice; aud not to leave the church wotil the altar lights ure extinguished and the Guild have retired. The church was dark, with the exception of the altaraud chancel, which were brilliamuy ilumi- naied with gas and wax candies, Four lofty wax candies lighted up the altar and a crosa above it, As the services opened with a voluntary and cuaut, a a of the choir, A omicers and fellows of the Guild, prece: by a littie boy bearing a cross, entered from the vestry, clad in gowns aud chasabies of binek, red and bine trimmed with waite. gray und red aud a waite cross on the breast. The procession passed down the side aud up the middie aiste, the members of the Guild occupying the centre pews. The service wasas folk jows:—The Litany; @ Voluatary oa tbe Organ; a sec- oud procession of pfiesis tu gorgeous ree by the cross and two Wax canes carri yy little boys; the communion service; te Com. mandments intoned and respouses by the choir; the Epistie of 0 ; @hymn; ue ot tee das chanted by & priest; the vice and adimiutsuration of the sai lowing order:—Te clergy; the choir; the oft and fellows of the Gutid. vested and unvested; the religtous; the men; the womeu. An adavess vy ane of the clergy was followed by @ hymn, which closed the services. The religious forms and observances were tl out newriy identicalewits those which characterize the Romish Cuurch, GEATH OF A ROTOMOUS CHARACTER. Information reached the Coroner’s Ofice yester- day afternoon that Michael O’Brien, better known as “Desperate Mike,” had died in the Penrtendary Hospital, on Blackwell’s Island, late Sunduy after- noon. On the 20th of March, Mike was arraigned before the Court of Special Sessions on a charge of assanit and battery, wlich resuited in his conviction and sentence for months m the Penitentiary. Coroner Keenan has the matter in charge and will hola an inquest on the body, Mike's career in America has been decitediy checquered. He was thirty-eigat years of age, aud tweaty years ago Mike came to this country irom ireland and took up his abode in che First ward. Being of an excitable and turbulent nature , particularly wi under the tu@uence of lguer, Mike irequent abused his wife, and came in violent collision wi the police, taking great detirnt in assault them whenever a convenient opportunity presented itself, ‘The result was that be often fell into the clutches of the officers, ana tines almost witnoat number Mike bas been on the tsiand. It is estimated by those who know hum well that he has spent naif his life in this country in tae Peniteauary, and imprisonment almost became a second nature to him. Deceased has teft « family m the First ward. w York, May 3, 1899, To Tus Eprror or Tak HERALD:— Piease permit me to reply briedy to your paragraph of this morning lu reserence to my “heiding two elective ofices.” The relation of the Register with the city goverte ment is merely one of pecuniary responsibility on the part of the incumbent of the office for the faithful performance of hia trust. His compensation is not drawn from the public treasury, but is derived solely from those for who#e benefit bls services are ree quired, The assumption of that trast and the receipt of its emoluments I believe to bo as consistent with my magesterial obligations as ts the practice of profession or would be any industrial avoca: which my other duties may atfurd the leisure. I consulted my owa views I should have tend My resignation as Police Justice to his Excetienc, the Governor at the commeavement of hits adiminis~ tration, but my wishes were overcome by the cons tinuous and incessant demands of my personal friends and constituents geneity, from. the time o| my ciection to the registersip that { should serve out the entire term for watch they had elecied me, T have in my possession a document namerousty signed by prominent citizens of the > eveath fudveral district congraty me upon my election to the ofiice of Registeraud at the same time protesting agaiust my abandoning the oftice of Poliee Justice 0: jon of my term. velore the expiration oi MICHAEL CONNOLLY. THe Heres oF GENERAL TAYLOR. —{MPoRTAN? Drersion.—A case of Importance, and one that has excited much Interest in Newport, Ky,, has Just been decided by the Court of Appea's of that ‘State. Ry the will of General Taylor, who died tn . acres of land, lying within @ short diswnce of the jicart of Newport, was devisod to trustees to be sold, and the proceeds invested for the benelit of his three daughters and their heirs, On the death of Mrs, Tibbatts, General Hodge and her other children filed their suit to set aside the trust and be allowed to take the property in fee simple and declare the trust ended as fo one-third, The lower court granted the prayer. The trusiees then took the case to te Court of Appeals, and that tribunal haa, by the de- cision just rendered, dectaret that the trast hag ceased as to Hodge and lis coplaintimts, and decresd thoir property to them in fee-simple acd ordered the whole tract to be laid out into sirects, alle’ and , lots. This brings all the land tmto tho city for taxation—Cincmmart Inquirer, May be Tn twenty-four State prisous in the United States there Were in 1368 an aguregate of 10,449 prisoners, These cost the States the round snit of $1,500,982, And their carnings amounted bo $1,002,599.