The New York Herald Newspaper, August 4, 1869, Page 5

— NEW YORK CITY. THE COURTS. % UNITED STATES CIRCUIT COURT. WDemurrer to Bill—Linbility of the Represen- tatives of Surety on Jotut Bond, Before Mr. Justice Nelson. Thomas Fielden and William C. Piokersgit vs. Louts Emile Lahens et al.—This is a dill fled on an mjunction bond againes Louis Emile Lahens and the representatives of John Lafarge. The bond ex- @cuted by Lahens and Lafarge to the obligees, of whom the complainants are the survivors, was joint and not several, and Lafarge was simply a surety, being in no way interested dm this suit in which the bond was given, It was @ated April 26, 1846, and conditioned to pay Fielden Brothers & Co, all moneys which may be recovered by them in a suit mentioned, or the col- Jection of which may be stayed by said injunction. SAT was rendered for the plaintiffs in the ‘sult at law 17th April, 1863, and the injunction suit @isuiiseed 27th June, 1859, Lafarge died 26th June, 1858, Lahens, the other obligor, who was one of the defendants in the suit at law, was insulvent at the ‘ttme of the rendition of the judgment, and had peti- tioned for a discharge under the Bankrupt act, La- Jarge leit suficient assets to satisty the judgment at law, tho targe in amount, $129,429. The case is Qn important one on account of the large sum in- volved, aud the certainty that unless recovered out of ihe assets of the estate of Lafarge it will be lost, But in our view of it the principles that must govern tt are not new or ditilcult, One branch of it falls directly within the doctring of the case of the United States vs. Price (9 How., 83, pp. 90, 01, 95, and cases there referred to.) ‘The principle 18 that equity will not hold a surety Mable when he is @ischarged at Jaw; aud that in the case of a joint obligation, and the death of the surety, as in the present case, the remedy at law is gone, as it re- spects the legal representatives. The cases on this subject are numerous, and it would be useless to dis- ouss them, Several of them wil be found referred to in the opinion of the Court in the United States va, Price; and many more tu the dissenting opinion of Mr. Justice Woodbury (pp. 95, 97, 98, 108), It fs supposed that a provision in the Oode of this State has had the effect to change this rule, and to furnish a remedy at law, notwithstanding the death of the joint obligor, against the representatives, It provides, in substance, that in a suit upon a joint con- tract against defendants a Judgment may be ren- dered against any or either of them severally. (Sec- tion 136, 274.) Those provisions were enacted since ‘the date of the bond fn question, and, if their pied tion and effect are to change the t of Lae farge they must be disregarded, as the Legislature esses no such power. We agree that if this nd had-been joint and several a suit at law might have been sustained against the representa- tives and the estate bound for the judgment; and, in BUCH. case, a8 a joint-suit could not be maintained at law against the surviving obligor and the represen- tatives of the deceased, equity would have afforded relief, (See cases in digsenting opinion of Wood- bury J., pp. 96, 97, 98.) And if the code has theef- fect of converting this bond into one joint and several, and the Legislature was competent to make tho change, shen Ble suit is well brought, and should be sustained, it as at present advised, I am of per ° fon that the provision in the code has no such effect; and, what is still more jmportant, if it purported to have such et it could not be upheld, on the ground:that it would change a material part.of the contract to the prejudice’ the surety, Lufarge, the ‘obtigor, did not agree to become Leppetail ound, put jointly; and, go material is. this distinction, that or de are not unfrequently filed and the suit sustain lefeated after a serious litigation ertain Whether the bond or othey contrast wi joint oF joint and-several. In any view, therefore, we can take of the case, we are of opinion the demurr mare cn sustained, The complainants have eave (o UNITED STATES COMMISSIONERS’ COURT, Alleged Presentation of Frandulent Pay Rolls. Before Commissioner Osborn. The United Statea vs, Thomas W. Eagan.—Tne de- Tendant, a weigher in the Custom House, with a Jarge number of men under him, was arrested a day or two agoona charge of presenting fraudulent rolls and pocketing the money paid upon them, an examination was'set down for ‘yesterday, but the jes not veing realy, the case went over Uli Friday, at half-past ten o'clock. Another Custom House Case. The United States vs, Percy B. Spear.—The de fendant was aiso a weigher in the Custom House, and the offence with which he stands charged is the fame as that in the case of Neither party deing ready the case went ov til Saturday Morning at ten o’clock. Ethan Allen for the de- fendant; Asaisiant District Attorney JackBon for the government, Alleged Mutiny. Before Commissioner Shields, The United States vs, Charles Alexander.—The ée- Sendant was an.able seaman on board the bark T. K. ‘Welden, which satied from Marseilles on the 2 of May lest. He was arrested on a charge of assaulting ‘the master of the vessel, David K. Webster, with a dangerous weapon during that voyage, and for an attempt to provoke @ mutiny on the part of the other seamen, SUPREME COURT—CHAMBERS. @ke Vreeland Abandonment Case Once More. Before Judge Barnard. ‘The nature of this case 1s already pretty well un- erstood by the public, who heve read the proceed- 4ngs brought in various forms before the courts in ie columns of the HERALD from time to time. @ “matter again came up yesterday before Judge George G. Barnard, when the lady her- reif, accompanied by her interesting daugh- ter and an equally interesting femate friend, was present in court. It will bo remembered that the defendant gavee bond tn the court below appear and answer inthe court above, and-sub- sequently obtained an order of certiorari from the japreme Court returnable on Monday, when the de- idani’s Counsel, Mr. Bookstaver, representing the rm of Brown, Hall & Vanderpoel, ciaimed that the Pye were Irregular before Justice Mansfield, defendant being @ non-resident and living in New Jersey, and that in consequence of said non- residence the magistrate had no jurisdiction in the case. Mr. Douglas A. Levion, associated with Mr. Shaf- fer as counsel! for plaintiff, claimed that the marriage had taken ou in New York, that the abanaon- ent nad taken piace here also, and that in this tate, and in this State alone, had the plaintur and foere were lived together as man and wife; that if wi iy force in this claim the matter should it heard and decided before the justice below, and his decision reviewed by certiorari, and that the Writ was issued improperly until such decision had been made by the court below. The further argument in tle case was adjourned fntil Monday next, Decisions. By Jadge Barnard. ~ Bmma 8. Crandall vs. F, W. H. Crendall.—Di- Vorce granted on report of roferce. COURT OF OYEN AND TERRINER. Before Judge Barnara. Hi dudge Barnard entered this court from the Special” Term bench at eleven o'clock yesterday morning, ‘and ba gh adjourned it until this morning, in the * absence of Judge Cardozo at Long Branch. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Friedman. Harmon B, Gootrich vs, Edgar M, Mason,.—Motion @enied, with ten doilars costs, Caroline Burman vs, Patrick Collins et at.—Motion ited and order of arrest vacated, with ten doi- fare Samuel 4. Lambert et al. va, Htram Burner et al,— Motion granted, Charles Hudson vs, Julins Frankenstein et al, Motion granted, without costs. Jonathan A. Mover vs, Wiliam H. Lasher etat,— Motion granted unless plaintif serve compiamant within teu days, and pay ten dollars cosis of tits motion to detencaant’s attorney. Isaac Simon 0s, Alexanc:; Kaliske,—Motion granted, Michael J, Gibbons vs, Bridget Gidbons,—Default ned and case sent back to the referee to take uch proof as may be offered by defendant. Detend- ant’s application for leave to renew motion for coun- ee! ed ON dented, is : a ar la v8, Janes Purcell.—Motion dis- tlased, With costs, The Same vs. Same.—Motion granted, with costs. Tobias Hamm vs, Anton Kranshaw.—Motion tor injunction granted and receiver appointed, Mary Platt vs. Charles S. Platt,—Ordeved that de- fendant pay $100 counsel fee and alimony at the rate of ten doliars per week, and that tt be referred to a referee to take proof of the allegations of the Orne are toan 1) ed Gast imertioan Improve lastight Company ve, William F. Parker et al.—Motion Granted on’ pay: ‘ment of ten dollars costs, Henry Myers vs, Isaac Marks.—Motion granted, order of arrest vacated and set aside, with coste, and dollars cost of motion. Maria L. Stuart vs, William F. Parker et a.— » Andreo Clarke eb al.—Mott , Fetaxation or costs denied, see COURT OF COMMON PLEAS~SPECIAL TERM. The Lien Law. Before Judge Brady. Graf vs, Rosenderg and O'Donnell vs, Rosenderg, @t al.—This motion was made asking the court to Consolidate the two above entitied actions in one, on the ground that the Lien law prohibits two pro- | @eedinys to foreclose lions on property to be in ex+ watence at the same time. The afidavis of tne de- fendant sets forth that he is one of the defendants NEW YORK HERALD, WEDNESDAY, AUGUST 4, 1869.—TRLP when Napoleon ordered:the charge at the bridge of | with @ slight accident, and one or two of the cars were thrown down an embankment, John “Take that” (hic) said Hays, as he hurled an ice one of the laborers ou the train at the time, jum; in each of these actions, that eaid actions are Aco, water and il t ihe nead of OvBrien. 7 off with several ounera, but was overtaken b the we shaw” sald McCane, juried falling 80 severe! died pine peony pci Aaa png nt rk o~ botule in the alse direction. at Bellevue Hespit iO or the others died The detendant;'that the tens are. died lgaiugt tho | a Taueauatn (Mc) amid Cray, and bon sitreod hie | inquest yesterday owe ioe somsiop of Brogan, when same Premises Ong Arne Out of the same tanec, | mark and fell all ine heap upon thd aawdust foor, | the jury rendered @ verdict of accidental, “death. Ms’ action first, and that the plaintir ‘The three drunken you! fog thay ave all young Pixsrily now or where the accident cocarred which Gram), was made @ party defendant be- | Meu—were too much for O'Brien. They m: to | has thus caused the death of two men could not lore he commenced the action to foreclose | Sive Dim, according to his Spr yh beat | ascertained, hia lten; and that the causes of action on the same yh a le damage stock are brought in the same court, ond noon 04 ey. be properly joined in one action; that the ton of the one will involve that of tne other; that thede fence in each is substantially questions whieb may ay yy 0. substantially the same, are set asia 1e, dismissed, the plainuif’s righta, he having ant in the action by O'Donnell. It ie not to consolidate these actions, masmuch equities of the parties are to be passed upon, and the plaintiff can be protected in the O’Donpell action as Well asin this, He was made a defendant in that action, and therefore should not have commenced this; but the defendant (the owner), if he desired earlier; his laches in that respect has increased the costs, and he cannot take advantage of his own wrong ordelay, Ordered ac- costs, should have movs cordingly. John O'Donnell, the celebrated iron founder of this city, and owner of the race horses Richard B, Connolly and General Duke, first commenced his action to foreclose big lien agains: the defendant, Rosenburg. He filed his lien on February 15, ped the ‘and that the both of the actions are soage Bagh ites UF Sing open a 1a lelive: e follow: the case:—The complaint and summons in this tase “What have you to to this?” asked Dowling of Haye. hia meee Gad Tan eee Fare aaaionip aid itin fan,” “J meant no harm; we were having @ good time | ©xPected that the session will be of unusual interest, ‘and meant no harm,” ao McCane. the Grand Lodge not having met in this city since «L was too d—d drunk to Know what I was about,” | 2806. conan Loses, We 110, intend ving 8 grand Vv spoke up Croly, excursion up the North river, to Wl rejud “I find you all ity of the charge,” said the invited the grand officers and the representa- wring beet I eevdefena. | Judge. ch ebuutlons of meniment are not the | tives of the various lodges. ‘The Central Verein der ‘ necessary | th! Croly, the really honest one of your party, Domtechen Odd Fellows give a picnic for ry ‘as all the | Confesses he was drunk. it would bave been crim- | ° and made George Graf a. his lien on February 12, 1869, The defendant Kosenbe! both actions. Flanagan O’Donneil, opposed this on the gro solidation coutd not be had and that under the act of 1863 the rights of the reap 0 be determined in O'Donneil’s actions, and the Court 80 ruled, For the motion, D. M. Porter, of counsel for de- fendant Rosenburg. rs For plaintitf O'Donnell, Messrs. Flanagan & Gross. ,. For defendant Graff, Comstock Bros. COURT OF GENERAL SESSIONS. Before Recorder Rackett. The calendar of cases in this court yesteraay was vory large, but Assistant District Attorney Tweed disposed of it with great eMciency and promptness, SEVERE SENTENCE UPON HOUSEBREAKERS. James Dixon and George Van Ness, who were in- dicted for burglary in the first degree, pleaded guilty to the second grade of that offence. The in- dictment alleged that on the night of the 25th of July they burglariously entered the dwelling nouse of Samuel W. Boyles, No. 9 Vandam street, and stole thirty-five dollars’ worth of wearing apparel. They Were each sent to the State Prison for ten years, ASSAULT UPON AN OFFIOBR BY A COLORED LaDy. Elza Willis pleaded guilty to an an assault with &@ dangerous weapon, the mdictment charging the more serious crime of intent to kill, The prisoner ‘Was a colored lady, who it seems was committing @ breach of the peaco, and when officer Powers, of the Eighth precinct, attempted to arrest her she made an effort to cut his throat with a razor. The Recorder sent her to the State Prison for four years 4nd 61x months. GRAND LAROENIES AND BURGLARIES, Patrick Gallagher, indicted for larceny from the Person, pleaded guilt ceny, On the 6th of July he stole a gold watch and hain, valued at forty-five dollars, the property of Fat Maloy. He was sent to tne State Prison for ‘0 years. neg = Meiser pleaded guilty to burglary in the third the indictment alleging that on the 17tn of July be broke into the grovery store of Carson Peters, No. 196Delancey street, and stole thirty dol- ise in penne, He was sent to the State Prison for ree ye James Reardon, who was charged with forgery in the third degree, pleaded guilty to the fourth grade of that offence. The prisoner, on the 14th of Inst month, forged an order for six skins and brought it to Rose & Co., No. 29 Beekman street, The property, which was worth forty dollars, was delivered to him. He was sent to the Peniten- tiary for eighteen months. Samuel Cusick, charged with burglary in the third degree, jogs guilty toan jenny ‘The prisoner, on the 16th of July, entered the dry Sigismund Feuthwanger, No. 41 Catharine street, and stole ten doilara’ worth of property. He was sent to the Penitentiary for one year. ASSAULT UPON AN OFFICER, John Mullaney pleaded guilt; dangerous w » the fiteon, of the Seventh e the arm and in the side ‘was two years and six BURGL, ree Thompson, who was indicted for burglary ard ree, ni Geo in the Fear and six Lionths, hhomas dteted with Willlam Jackson for the crime of bur- lary in the frat degree, pleaded guilty to the thira Segree ofthatcrime. The complaint set forth that on the 18th ef July the defendants entered the house of Frederick and stole fifty dollara’ worth of we They were each sent to the State Prison for five dweillin: comple precinct, oy e, pleaded guilty to an attempt to commit that ce. On the 13th of last month he effected an entrance into the Grussy, 1,717 Third avenue, act and had not suoceeded fn taking away any pro- He was sent to the State Prison for two moved to consolidate Gross, attorneys for ective defendants could to an assault with a lainant being officer who said that wile eH YT) defendant he stabbea him in th a knife. Tne sentence lonths in the State Prison, ARTES. ery atore of Philip was caught in the fer eat eas on ip Pog 9 to which ae ang there representatives e Grand Lodge would be lees oe committed % "het city if other | invited. The officers for the ensuing term are as Mquor sellers would foliow the example of Mr.-| follows:—Nicholas L, Pettit, Grand ;, Daniel O’Brien, I remand you till Saturday for sentence.” | W: Deputy Grand Master; Edwin 8. Ralphs, PRETTY GIRL8 AS PHOTOGRAPHIO ACOBSSORIES. Grand Wardeu; Charles V. Clark, Grand Secretary; Mr. Robert A. 8. Pitman keepa a ph hic ea- | Jacob Russell, Grand Treasurer; Cornelius A. Mar- tablishment and has quite a number of Dey joung vin, Senior Grand Representative; James Terwilii- girle employed in the place, though w! ger, Junior Grand Representative. ‘Unctive branches of industry to which these young ‘THE FaTAL KEROSENK ACCIDENT.—An inquest was girls apply themselves are did not appear. A young begun yesterday by Coro: Rolling in the case of man named Isaac C, Varian was also employed b; joroner Mr. Pitman, but alter about a month’s rapheats Mrs. Caroline Hamblin, whose death was caused by discharged. He called at the ed aud proceeded | the explosion of a kerosene ofl lamp, at No. 408 into the room where the girls wo! West Twenty-sixth street, a few days ago, as fully thereto, who til ‘What brought you here?” spoke up indignantly | reported in the HARALD af the time, fhere were ¥ Mr, Pitman, seeing Mr. Varian in the room, only two witnessea examined yesterday, one being “My legs,” responded Mr. Varian. . tT a suaiTnen Jol your legs take you out,” replied Mr. Plt | On the evening of the sch alc Us entarod ihe uouse, ‘t d seein ei Not if | know myself till I get ready,” retortea | 0 ike whetnh cab Face} Ga ines] on ae oas deflantiy Mr, Varian, him that the lamp-giobe had been broken. He then The atmosphere of that working room was dark- | went out and Dioner another, and gave 18 to de- ened for a few moments with flying inketands, | geased, after. which he went into another room. brushes, sheets of card paper, photograph frai $i fe. utes’ he iean i pap fier Ane the darkened | 42 about a minute after he heard a scream, and, photographic plates and air was rent with the screams ‘of the frightened | TUnDing Into me ones aie bette Young girls. The closing tableau was Varian prac: | ground her and put out the flames, She lingered tising pugilism upon the prostrate Pitman, A = until twenty ire past eleven o'clock sina many Witnesses were al led. The above isan eplt- | day, when she died. He did not know in what man- ome of thelr joint narratives. gaia | Ber the accident bad occurred, Cornelius Hoff tes- ‘You are fined twenty-tlve dollars, Varian.” said | tited that Mra, Hamblin had sent him to No. 119 Jndge Dowiing, in conclusion; “and let it be @ wari: | West Ninetecnth street to purchase some patent Ing to you that if you wish to cultivate in future | xerosene, but he could not remember what the price your geqnanfence with Mr. Pitman’s photograpule | way, Ag the chemist of the Board of Health had young Lente, you must do it outside of his estab- failed to appear and vestify relative to is analysis erosene i NOMADIC FEMININE BOARDER. ore phe anes alone y Lizzie Walters is quite young and anne pretty, and posseses engaging manners, which ‘are pleas- POL ingly intensified by a becoming style of dress. She was char with stealing some patchwork, of the 7 ae of ove Collars. belonging. to @ iady boarding in LAROENY OF TARUNKS.—A young woman giving me house w! her. hat makes you think the prisoner stole the | MF BAmMe as Margaret Bonney, and who claims to patchwork?” Judge Kelly asked Jane Jones, the | b@ married, was yesterday brought before Judge complainant. cs Kelly, at the Tombs, on a charge of the larceny of aeenOe aia ee {s.up to such sort of things,” | two trunks, belonging respectively to Miss Mary EB. “What makes you think so ?? Brainard and Mra, Janet'B. Bigelow, of East Had. “Because she always boards in the best boarding | 4a, Conn., and together with the contents worth honses and has the best rooms and don't do no | $423. The accused was arrested by Sheriff Wiley at and that a con- work.” oa Pe- Sper ne etree in nee posses- “ oard! ” sion. “Her explanation was that the trunks were Ped ype Veer given to her husband at pier 13 North river and by “Don’t she pay her bills#”” him conveyed to their residence in avenue A, that “Yes, but she never leaves a boarding house with- | there he broke into them, and being out of money he out bringing a auit. against the landlady for stealing | directed her to pawn some of thelr contents, which her auth or somethtug. ‘She has ast obtained a | She gia, and that finally, naving @ quarrel, she judgment in the Marine Court against one of her | packed the trunks, left hnin and went to Connecticut, late landladies for $176 worth of clothing she claimed } Where she was ted, Se was fully committed to have had stolen.” to answer the c! “But all this nga nothing to do with your patch- . ain eri work jnverrupced she Judge, “bid you ite ber OESPERATE AFFRAY IN BROOME STREET. to an attempt at grand lar- | take it?: aly . One Man Shot. t it ever ‘been seen In her possession f” About half-past two o'clock yesterday morning 0, Bir,” * “i * oMcer sbute, of the Eighth precinct, had his atten- an Gatindy ca: now Se one pel Fanoh, tion attracted by the report of a pistol, proceeding “I do change boarding houses often.’ she an- | from the saloon of the notorious William Higgins, Raber rae eI od 1 ain't suited or find | corner of Broome and Sullivan streets, and on en- “How long have you been in this country 1? tering it discovered “Higgins flourishing a silver (‘A litile over @ year." mounted revolver over his head, while his brother “Married 9 ‘Thomas was standing over @ man named Mighael ee sir.” Brady, beating him on the head with i club, fav. “Work at anything?” ing callea to his aid three other omicers he arrested zou of Morocco “No, sir.’? the three desperadoes and took them to the Eighth “Always pay your board bills?” precinct station house, where it was discovered “Yes, gir.’? that Brady had been shot through tne left cheek “How many places have you boarded at ?’’ by Wiilllam Wiggins. Several severe wounds “A more.” were also found on itis head and one zeN 01 . “Well, I won't find you guilty of this charge, but I | Over his left eye. His wounds were dressed advise you to make jess went changes in your | by apolice surgeon, and as soon as the Jefferson boarding houses.” Market Police Court was opened all three were ar- “If they get breakfast too early, and give me cold | ralgned belore Justice Ledwith. Brady, whose head hash when I want warm hash, I don’t wink Pll stay | and face presented a shocking appearance, refused to. long,” and with saying this she salied ont of the | Make fg complaint against his assailants, Justice rooms with ag much of a stately air of dignity | Ledwith sternly rebuked the fellow, and directed the as it is possible for a small but spirited woman to | ollicer to prefer a charge, which was accordingly assume. done. The brothera were committed in default of MEDLEY OF CASES. $1,000 bail, and fined $10 each. Robert Brady heiped himself to some lead pipe he Waoltam'Higgins, one of the two ‘isoners, is the saw lying in the basement of No. 349 West Twenty- | same who knocked down and st: Md to death a third street, He was commissioned to spend tie | negro Who went into his place one evening three next four months at the Penitentiary. Jacob An- | years ago, and Thomas Higgins has a similar zecord, fecht having a fancy for some gaiters took a bun- faving Inurdered w negro boy in May last, Neither die of them trom the shoe store No. 2 Baxter street, | has been brought to trial. The oniy inconvenience He was sent three months to the same institution. | sulfered by the Higginses im consequence of their Adam Hellhof thought that Wm. Lowder dressed in | crimes was the loss of their license to sell liquor; style, and so helped himself to a suit belong- | but it does not appear to have troubled them ace ing vo the latter. To save him the troubie‘or picking | for they stiil did business, and kept open day au out clothing he was sent to the Workhoi where | night without molestation from the police, goods store of ehprer es rape ge en bapa to oe tend omas fF a — ° - | Lac: 18 wife, and was given twenty days at aoe oer Serra aeS, Charien Arisa) JoumAy $0! | Les Giey Prise ty Tiealiate een he Reece ara THE PUBLIC INSTITUTIONS. crime, Ellen Maloney was required to give bonds natin Words Sarah Clarke ee 2 Peacetul manner to- | 4 committee: of the Citizens’ Association of New i, 219 avenue A, York recently examined intojthe condition and man- aring apparel. COURT CALENDARS—THIS DAY. agewent of the institutions under the,charge of the SuPREME OouRT—CHAMBERS.—Nos. 16, 38, 39, 54, | Commissioners of Public Charities and Correction 55. Call No. 60, of the city of New York, and have made the follow- years. Phiii a Wounded in the arm. A HORSE THIEF. Peter ©. Ferguson pleaded bore valued at $500 on the 8d of July, the property of Daniel Tone, He was sent to the State Prison fer 1 die a who was charged with stabbing Peter Schanze In the arm, was acquitted, The tes- timony showed that they were shoemakers, and that ring @ quatre: the complainant was slightly two years and six months. ROBBERY. Wiliam Morrissey pleaded guilty to an assault with intent to rob. The complainant was Peter Casey, who charged,that on the 24th of July the pris- oner knocked him down and stole eighty-six cents, He was sent to the State Prison fortwo years aud aix.montns. ALLEGED RAPE. Benedict Weilda, against whom Elizabeth Rettick Made a complaint charging iim with attempting to outrage the person of ber daughter, plead ulity Tne Recorder directed the prisoner to be remanded -1a order to afford him time to inquire into the circumstances of the case. OTHER CASES. Margaret Mooney was tried upon a charge of lar- geny in stealing a watch valued at $269 from Peier Walpin on the 2ist of July, On the followmg day an oflicer arrested her while attempting to sell 1t. She told her story to the jury, stating that another Woman gave it to her to dispose of it. The jurv gave her the benefit of the doubt and rendered a verdict to assault and battery. of not guilty. Clinton Smith, who was charged with burglary, et gullty foan attempt. roke into the stabie of uy ‘Sixth avenue and stole a se Cora Lee an of their guilt. Thomas McDounel was tried and convicted of Stealing a watch from Laurens Hendler on the 4th of July, In consequence of his yourh the Recorder sent him fo the State Prison for two yeurs and six months. Sigmund Drucker and AdoipL Ri igmund Drucker an ipl Starke, of the Sever tcenth ward; Charles Rogers, of the Pitt ward, and Mioses Haye, of the Nineteenth werd, were each fred twenty-five dollars for-being absent when their netnes were called, The business of the court waa brought to a stand for.a few minutes iin consequence A ad genticmen absenting themselves. The Re- col Her will fine every juror wh “wha “DU take brandy (hic), & On the 23d of July he stua R, Mattage, 411 of harness valued at fifty dollars. The prisoner was sent to the State mm for = ‘and six months, Frederick Sims were tried upon a charge of larceny in stealing eighty dollars from Michael Casey at a disrepu street on the 16th of July. the evidence of the complainant not satisfying them table The jury acquitted them, 10 doesnot remain in court all day, because the term will close on Friday, COURT OF SPECIAL SESSIONS. A lively Trio of Exuberent Wits Get Drunk and Demand Brandy and Don’t 4ict At, and What Comes of ‘Their Not Plotting I ii on” Somo Pretty Feminine Phote- araphists aad Expease of the Same—A Bonrding House Mystery Not Half Unveiled, Before Judges Dowling and Kelly. The closely aweltering alr of yesterday caused no perceptible diminution in the attendance at this court, but of forty-four casqs on the calendor, twenty-elght were charges of assault and battery, sho wing that the same kind of weather that incites the canine species to madness hag’ a similar madden- ing effect upon tite human specias, The remaining cases consisted of fifteen chargeseof petty larceny, and one of violating the Hotel act., An unusual. dui- ness characterized the proceedings) ILL-TIMED DISCRETION. That immortal axiom of the robusi Jack Falstect about discretion being the better part af valor ia un- questionably all right and true as far aa it goes; but it 1s not always best to be too discreet, and some- times discretion invites a very disagreeatile sort of valor on the part of very disagreeable people. Here 1g an instance in potnt that came before the\court:— Jeremian Haya, Thomas McOane and AndrawiCroly went into the liquor saloon of “Drinks (hic) for three (hic), the dest brandy you have “You are all drank now, will not get a drop of liquor here.” a that you say (hic) ?’ spoke up Hays, “Prot out your drinks (hic), spoke up MeCane. drawied out Croly, “T tell you T won’ give you anything to drink,” aid O'Brien, ID atone meant to be as decisive h O'Brien, outed out fiays, a ” Bl fot (hic).? ” answered O'Brien, “and COURT OF GENERAL SRSSIONS.—The People vs. — f William Duay, felonious assault and battery; same | 128 Peport thereon: i ods ve, George Hammersley, forgery; Same vs. George The department of Pubiic Charities and Correction Pierson, grand larceny; Same vs. Herman Conrad, nee we care and maimienance of four classes of in- 3 >) Ye siututions:— ate marispdsiprenthicd a ceccella mst Sete) First—Prisona fot the temporary confinement of Mach ay ti entail Workhouse. i CITY INTELLIGENCE. +faeaene imshouses, luuaiic asyiums, asylums for enird fospitals. Peat 7 nai 7 Fourth—Nurseries for children. Tas WkATHER YESTERDAY.~The following record | ‘There ja no department of the city government will show the changes in the temperature for the | where capacity, economy and honesty are more re- Pust twenty-four hours in comparison with the cor- quited oS stisneperinnene uamele a ea ear, dicated . Bry of yahoo Semelanat Listauta thastaey, ewaud, Bulla, love of the Work aud strong sympathy with the un- Broadway, corner of Ann street:— * | fortunate classes with whom the department deals. 1 ae 1903, ige9, | 10 other public matters honesty is desirable, and the ‘6 ; | Want of it is the cause of the loss of s0 much money mereiy to the public; but in this department the want of honesty not only causes @ loss of money to the pabilc, but is a positive cruelty to the poorest, the most unfortunate, the most helpless in the cow: munity. your Your commited eaipocd the Yarious fnsticutions AF a Ra Nat ad ES 2 examined by the comumiitee of the assoctation last DELEGATES TO Roug.—Archbishop McCloskey, | year, and was pleased to find that the same order, Rey. F, McNierny and several other prominent New Sane Pe er ae pees oe orbs in eye Yorkers will saul in the steamship Ville. ae Parts on | Management of every deparunent under charge o Saturday next. The Archbishop goes (0 ailend the | We Commissioners @ year ago contmue to distin- Bcumenical Council at Rome, gush this branch of the public service, <i Your cominlitee does not consider it necessary at Music IN THE PaRk.—The Commissioners an- | this time to wake detailed mention of the condition nounce that, if the weather be fine, there will be po Rtg rs ine ih ASS pension eenen ial) Die t! 1 refers new oO! oclation to its report o: cae ac the Bare tals WedGeaaa ree last year for specific information connected there- ey folae vith. mencing at five o'clock. INDUSTRIAL SCHOOr. A MISTAKE IN THE PLacr.—Mr, John Meija, of the | ‘The Commissioners are entitied to. commendation Hong Que saloon, says that no woman has robbed a | for the creditable beginning they have made in the sailor in his house, Drunken men’s aMdavits, as re- | MauUrALON of the Industrial School ou Havt's 7 . 4 Isiand, into which are gathered those boys known corded in the police courts, often implicate innocent as “incorrigible.” Here they are thoroughly 1a- perauns, ‘ i i + | structed in the essen, of @ food Common school DeaTH FROM H#ART Diseask.—Coroner ‘ollins | educatiog under competent teachers. was called yesterday to hola an inquest at No, 157 ‘The design is toed aaee this aa of boys specially West Twenty-eighth street over t - of FA SLiaaOnt tal peciel of death was found to be diseuse of the heart the | the late act of the Legisia ure estublishing @ nouti- jury rendered a verdict to that eftect. cal school to give them aieo practical instruction in he Jndusirial School gives great FATAL BAILROAD ACOIDENT.—AD inquest will be 88, and your Committee “trustee that held to«ay by Coroner Koliins over the remains of i bm bey atid eee mane A ag whereby r the 2 or 49,000 childre ity growing up the Iath Ue UY Hale care Nee tne MAS Tan Over on | win gniy the euucaliou of the street may be rescued car, Michael Meagher, was arrested yesterday, and | from idleness and immorality aud reared to honost will be hell to awalt the result of the investigation, | Pursuits FaTat{FaLt.—Coroner Roliins heid an inquest yes- terday at the First ward station house, over the re- mains of Francisco Sonvea, aged thirty-five, who met bis death during the forenoon by a fall througn the hatchway of premises No. 41 Beaver street, where he Was employed. The jury rendered a ver- dict of accidental death, SuDPEN DBATH IN THE STREET.—-Daniel Rand, aged forty years, and @ mative of Ireland, wasgeud- denly seized with a fit yesterday morning in West street, where he was at work as ‘longshoreman, Death ensued ina few minutes and the remains were removed to the Fifth ward police station, where Coroner Rollins subsequently held an inquest. FATAL RAmMoad ACCIDENT.—James Mitchell, a resident of Hopewell, Ducchess county, was yester- day morning found by the police om pvoard the steamer Walter Brett, Jylng at the foot of Franklin ah with his right foot and ankle crushed, caused by falling under a train on the Dutchess and Colum- ja Railroad. He was removed to Bellevue Hospital, TRANOFERS OF POLICE SERGEANTS.—The Board of Police Commissionere held a long session yeaterday, but did little beside routine business, The following additional transfers of sergeants were made:—John ity to stealing a Average temperature yesterday. Average temperature for correspond: use in Greene THE INSANE HOSPITAL. Your committee would recommend that te asso- ciation should assist Wie Commissioners to ovtaia the legieiition necessary to enable them to provide beter and more ample accommodations ior the in- sane, The buildings devoted to that purpose are more than fuil and are entirely inadequate to the present and growing wants of the public in this regard. Spacious, commodious and well ventilated buildings should be erected wherem this, the most heipiess portion of the community should be pro- vided for. At present the accommodations are so meagre that only the greatest attention and most eMcient management on the part of the commis- sioners and their subordinates make the condition of the insane tolerable, Tn such centres of population and business as New York city the accommodations for the insane should be most ampie. Sir Henry Maudsley, in his late work on “The Physlology and Pati of the Mind,” justly ob- serves that “The feverish activity of life, the eager interesta, the numerous passions and the great strain of mental work incident to the multiplied Es mdm and competition of an active civili- zation, cab scarce! one su to aug- ent the Uablity to mental guseavee Reset peomns, therefore, good Treason to belleve that, with the pro- of mental development from the Twentieth to the Second - cinet; Union Allen, from the Second to the en. rai Satoh seventh ; John H. McCullough, from the Bleven! Chay | J a Twenties Several patrolmen were also trana- In the treatment of the ae ston ia Tae Otry Can ACCIDENT IN WaeT BRoapway.— ty is nothing but a disease of In a report in Monday's H@RALD 18 was stated that Jobn MoLaron, of 170. Frankiin Was run over by # Sixth avenue ear on West 4 way. The Gasortunate man, who was intoxicated at the time, jumped off a Sixth avenuecar, without giving any notification of his desire to leave and was run over Py pieced and Seventh A Zou shel als sapetiod haog) ce F its 0} ry] WY other dents, without havin, shoulder those roads, FATAL RESULT OF INJURIES.—Néwrly three weeks 8g0 8 gravel train on tue Long laland Raliroad wet the body be cured. An insane hospital should not be phasiderea 48 @ hospital for ineurables to which the insane are to be sent and provided for until death IDIOT SCHOOL. The Commissioners have in most successful opera- a achool for the elementary instruction of idiot children. Tpe proficiency of these children (moat of whom before they entered this school were unable even to distin, color or form) is most remark- able, many of reading with great Huency, a z EET. "4 5 association fact toh | streets while are at work during the day, should of the ee Infante Hoe al on andes fasud, be Torevor to Father Farrelly. who be- lings were spasialy referred to in tue repore of we | good should pay a viale vo tnese acbools and. sausiy association of os Pe in connection with mibelves that the Fourth ward 18 not, after all, 40 bretgty | your com! would state | bad as it might be, that it very : — buti¢ of ha a ge aH cost of which $176,000 was out of the TER EVE! Bay gs emectod by the SConumantonere t0ta the ap- Your committee farni With the following statement, showing the yen a ane ered by the Commissioners since a to worthy mrposge, independent of the objects contemplated i 6 an Dual estimates, This cash was obtained, as is stated abov savings in the expendivarce of ihe moneys sad ral f the departinent. riated for the general purposes o! pavilions on Blackwell's Island. Steamer Bellevue Steamer Hope. Spring beds for hospitals... Boys’ prison—yard of City Prison. lorgue. .. Morgue B q Central office, Eleventh strect a1 nue, purchase of ground, butiding and fur- nishing—excess of expenditure over ap- PLOPTIAtiONn........+00+-00+ Sundry extraordinary expenses. 19,661 Fe ung hospital, building of and furnish- ieaerescew of expenditure over appropria- OR spre esereaniarers Island fmprovements.. TOtAl.ns...0 06 Leas amount received from Commissioners of Amigration in settlement of claim against them for Board of Emigrants, &c. 69,000 Total... recs cece voce pesceccevece'e + SANG)! ‘The public should Know that the Commissioners having charge of this department of Public Charities and Correction— and Brennan—not only get their money appropria- tions every year upon the lowest possible estimates, bat also manage to save from the comparatively 20 DECEMBER 81, 1868, ‘small suin appropriated suilicient to build the costly | Hathiiton Fire, from July 1, 1863. structures aud make the great improvements de | Importers’ Fire, from July t, 1868. acribed above, rey trom Fa) PERSONS CARED FOR BY THIS DEPARTMENT, The expense of the department for 1868 was $948,890 76, aud the following is a statement of the total number of persons cared for in the several institutions under charge of the Commissioners in that year:— In the city prisons. Penitentiary... Blind Asylum Bellevue Hospital. Charity eee Smallpox H Fever fiospital. ae Asylum. Pi Infant Hospital. tic Hospital... ‘alytic Hospital. Inebriate Asylum. Bandall’s Island Nurseries. Randall's Island Hospitals. Idiot Asylum......... Reformatory School. panies for the Month of June. respective corporations for the month of se fe ie Fi agg 8,108 16.587 11,855 43,901 ed 1,122 are RBS SE: ry Per SBF a! EEELT LZ ze =z} BSE a2 so Ss. A as oe pet ed ceeetesseererces 404 $604; United States Lioyds. oe. Maw ns tal Washi Imperial. 4845 Youkers aud International. 52,104 Importers and Trad’s’, 6,137 Total ......+. ata Fit = iz 404 Bowen, Nicholson, Beil Humboldt Fire, from Jin International Fire, from June 30, 1863, Mechanics and Traders’ Fire, from July 1, 168. Market Fire, from July 1, 1868... New York Equitabie Fire, from Ju! Sun Mutual Marine,frora July 1, I Standard Fire, from July 1, 1868. United States from July 1, 1668..... Clinton Fire, from July 1, 1858. Excelsior Lite, from Santary i Howard Fire, from July 1, 1884, Mercanttle Mutual Fire, from Jui New York Mutual Fire, from Januaiy 1, Sun Mutual Pire, from January 1, 18} Orlentsl Mutua! Fire, from January 1, Arette Fire, froin ‘July 9, ‘American Fire, from July 14, 1963, Empire City Fire, from Jul 16, to Jan. |, 1208 Fulton ire from July 81, 1868, to dan, Bl, 1689, Guardian Mutua! Lite, from Total. +pese's oss oveeeee PRSTS “Tily 1, 1865, to Jan 93,272 poor, blind, in- ¥6, to Jan, 19, 1680 sane, drunkards and criminals cost our city on the Gepmanta lato, tram July 31 A 1 ieee" average but $1028 each during one year—a result to Jan. 14, which is most commendable to the Commissioners 10, 1868, to of Public Charities and Correction. 3 The nomver of persons remaining in the various institutions, December 31, 1868, was as follows:— Workhouse Almshouses. . Paberne Hospital. Jharity Hospital, Smallpox Sogpital, Fever Hospital Lunatic Asylum. Epileptic Hospi Paralytic Hospital Infant. Hospital. Inebriate Asylum Randail’s Island Nurser! Randail’g Island Hospital: Idiot Asylum... Reformatory 5c! Total * The Comintssioners hi Partment three pew bureaus, \as follows: INTELLIGENCE OFFICE, 1, An intelligence office in which the names of men and Women needing employment are registered, and through which situations are obtained. ‘This bureau divers from an ordinary intelligence office in this important particular, that neither the employers. nor the employed sr charged any fee. ‘or the for 329 persons, ‘This intelligence office 1s a branch of the Labor Bureau or i:xchange which the Commissioners established in their department last year, Tue whole bureau has for its object the finding of work for willing hands to do, and 1s of the most practical philanthropic character, being based upon the principle that ail efforts at relief should be founded on the simple tdea of enabling persons to help themaetves, of developing the spirit of inde- pendence and of manhood, and of making every man, woman and child scorn to be @ pauper ora public burden, dent, ‘This ia a valuable improvement and cannot fall of alleviating much suffering. THE SICK POOR. 8. The Commissioners have divided the city into twelve districts and have appointed one physician to each disirict to visit and attend the sick poor. The Poor thus receive at their own homes the necessary Medical advice and medicine free of cost, The physicians are paid by the department. ‘This ts an important and necessary addition to the dispensary system, and tends to repress the spirit of pauperism by Keeping the patients within their own domestic circie instead of exposing taem to afilia- tion with confirmed paupers, i Your committee cannot close this report without reiterating in substance the opinion expressed by tue committee of last year—that the admirable con- dition of the mstitutions examined shows the Com- missioners to be gentiomen well quaiified in every respect to execute the pudlic trust reposed in them. WILLIAM WOOD, PEYER COOPER, NATHANIEL SANDS, THOS. J. OWE) £0. CABOT WARD, BE BLOUDGOOD, RY A. PATTERSON, . J. POWERS, JOSEPH PF, D. JOSEPA ALLEN, THE SY. JANES? CHURCH SCHOOLS, The Fourth ward is generally supposed to be a cesspool of iniquity of the direst description; in fact, it has always been laid down as law that no good could ever come out of it, for the simple reason that itis believed that no good was ever abie to enter it by stealth or otherwise. It is true that the Fourth ward is not the most delectable spot in the city for @ man who can afford to reside in Fifth ay- enue to live i; but, for all its faults and drawbucks, there are many things within its confines that cannot be justly carp tie parochial schools at | which are under tne watchful care of the Rey. Hatner Farreliy. For over thirteen years the schoot Was carried on im @ house in Rooseveit Fh the energetic atrect, but a pastor determines scholars should be second to none other in the city, The consequence was the purchase of a site fora bullding at the junction of James street and New Bowery, and soon afterwards the new school was opened. The new building is five stories high, of Philadeipmia brick and Nova Scotia stone wim. min it has 111 feet front on New Bowery and 83 on Jantes sireet, and contains twenty-one class rooms, the height of each, from ceiling to foor, being fourteen feet, it has all Uf ments, is well lightet! and ventilated, and is consid- ered most substantially built edifices in the city, The lots and the building cost $121,000, It was found necessary, when the work on the hew in, OF, rather, when the site for the d aud the dimensions of the butid. ing were decided upon, to tear down several housea that stood in the way of the enter- mee and this necessity served to increase i neral undertaking to @ considera- the school has been open the at- tendance of scholars has been Mi APD the aver- age oa number present ma of the bullding was begu school was sele: 1 Cost of bie degree. Bin has ra rods ae gh uc! all of course, under the supervinion ear ae ths @onool is concerned, of the nie paris In addition to this pai y efforta of Father Farrelly, an industrial school has been establisned in the ward for some time, the base- AMBULANCE CORPS. 2, The Commissioners have provided two ambu- lances at Bellevue Hospital for city use. ‘These am- bulances are furnished with the: necessary accom- Ppaniments, and one is always kept on duty, ready to start at a moments notice to any part of the city. In case of any accident occastoning serious injury to any persou, word 1 telegraphed from the nearest lice staiton to Belicvue Hospiti and the ambu- lance is immediately started for the scene of the ac- ristian Brot BROOKLYN INTELLIGENCE. station house where she was attended by Dr. cover. brain, 15; consumption, 22; convulsion: 1869, situations were ob’ drowned, 2, and accidental injuries, 2. males and 207 females, burglar the row AccUSED or RosseRY.—Thomas Hugaw, and the accnsed disappeared. When arres' wait trial. ting a be brought before the courts. EVWARD UROMWELL, D. ii. MCALPIN, N, chair. RY 'T, JENKINS, . FROTHINGHAM, STEPHEN SMITH M. b., ALY RICHARD M, HENRY, aud Storekeeper, LUNATIC ASYLUM. present there are 567 patients In the Asylum, ALMSHOUSE. eight females died. it. First and foremost are hed to St. James’ church, and 36 tons of hay. HOSPITALS. tant the accommodations for the allowing the Sma! the reception of cases has been fully shown, THE NURSERY, Tne report of the that cue health of the Modern traprove- but it had been neither ever nor seyere, The total number of childre: 08, ~ credit of the county the sum of $26,0 Y, oficial ceftificate or certificates therefor, Bal and at certain my Sisters of by eight as high a Coroners of the county be provided witt the iy School, thanks to the Returns of Gross Receipts of [usurance Com- The following are the returns made by the vari- ous insurance companies—life, fre and marine—to Special Assessor W. 8. Hinkley, of the Thirty-second collection district, showing the gross receipts of the The following returns show dividends paid by naurance companies to stockholders up to the month of December, 1868, and January, 1869:— i A YouNG New York Girt ATTEMPTS SUICIDE.—A young womag named Squiers, whose mother resides at No. 372 Tenth street, New York, last evening swal- lowed a dose of laudanum in First street, Kastern district, and while suffering with the poison officer Fisk found her and removed her to the Fourth fool er. Disappointment tn love 1s said to be the cause of the foolish act. The young woman will probably re- BROOKLYN MORTALITY.—The total’ number of deaths in Brooklyn during the past week was 263—a decrease of 70 from the mortuary of the weék pre- vious, Of the deceased $3 were men, 29 women, 105 boys and 96 giris. The principal diseases were as follows:—Choiera infantum, 75; meagjes, 9; diar- rhoea, 22; smallpox, 1; deb#ity, 10; disease of Usd 3, 135, ALLEGED BURGLAR CaUcHT.—Yesterday morning & young man, eighteen years of age, was seen to en- ter thesresidence of Mr. Prince, No. 228 Adams street, by creeping through the grating. He was tn the house nearly an hovr, when Roundsman Riggs, of the Forty-firt precinct, was Informed of the fact and arrested him as he was coming out. Nothing was found in his possession but a small saw, such as is used for aot tron, and belleving him to bea isman locked him up to answer. forty- five years of age, was arrested yesterday by an officer of the Forty-first precinct on the complaint of sr. Thomas Curtis, who accuses him of stealing his gold watch, a gold pen and — dollars. Up to the Sth of July the accused and complainant boarded at No. 184 Hudson avenue, but on that date Mr. Curtis says botn his ore 18 watch and nineteen dollars in money were found in ossession of the accused, He was locked up to THE BoaRD OF WATER AND SEWERAGE CoMMIS- SIONERS.—The Board of Water and Sewerage Com- misstoners met yesterday and adopted a resolution: to the effect that the contractor for building the sewer on Third avenue be notified to open the trench and build said sewer tn said avenue, in the centre of the biock, between Third and Fitth streets, and that he be directed to proceed with the work at once, This, of course, will interfere with the work of the Brooklyn fmprovement Company, who are now put- bridge under the avenue for the purpose of running @ canal through tt. ‘The matier will again KINGS COUNTY BOARD OF SUPERVISORS. Annual Reports of the County Institutions. ‘The Kings county Board of Supervisors met yes- terday afternoon, Superintendent Osborne in the ‘The annual reports were received from the various county institutions, the Lanatic Asylum, Kings County Alnshonse, Kings County Hospital, Nursery The report of the physicians of the Lunatic Asylum shows that in Angust, 1868, there were 532 patients inthe insuiution, During the past year 286 had been admitted, making a total of 818, Of these 352 were males and 496 females. During the past year 137 males and 154 females had been discharged. At The report of the Superintendent of the Alma- house shows that there are 787 paupers in that lasti+ tation at the present time. During the past year there were 695 males and 801 females discharged, 259 males and $20 females transferred, two males and one femaie sloped, eighteen males and twenty- ‘The county grounds have produced 3,462 bushels of potatoes, 1, bushels turnips, 19,000 cabpages ‘The annual report of the resident physictan of the Kings County Hospital shows the nuinber of patients under treatment at that tnatitation duriag the past tse was 3,009, which isan increase of 0 over the tal number tinder treatment during the last year. Smalipox has again made tts appearance, after an absence of pone two years, and the wisdom of ipox Hospital to remain ready for ener of the Nursery shows dren has been rewarkably good during the past year. There had been a slight epidemic of measies during the past fwo months, in the Nursery July 31, en Was 401, Of these 266 were maics and 146 femal The reports were ali aecepted and ordered on file. A MORGUE. Resolved, That the County Treasurer be and is hereby ‘authorized and directed td Bie on the and give his aun nded on the building an bear the County Jail on Wihougtby steak, Adopted, co ONES 0) Supervisor HowET! a we oat the a, the price not to exceed seventy-five doliars cache” Supervisor Crook said that e for a coroner was about as much use As a dog with two tails; thas the most blind and stupid man in the county would Know @ corouer the very moment he laid his eyes on ment of the church, for want of better accommoda- im. as the sohool room. The most in- The resolution was adopted. jing feature of the thing is, that poor ta, THS NEW STORY ON THE JAIL. who have to early fh the The Jalil Committee reported Maas there we mor and who do not return home | eleven bids for putttug @ new story on the jail. 4 tll evening, can leave their children at eat for Carpenter Work was $7, and th ether Ss gf ntenca Wignst woh, bom, fle ne, a substantial din; |" mason tb her, and are besides furnished with two suits of | Abraham wen nO. danesbeviatiinattis’ clothes a ‘denen suit on the 4th of July and the hristmas. This achool numbers over 260 Puptis, and is certainly a very great seaste tor people in the wara who are so be: Otted by it in having their little ones kept out of tho other on Which the poor ue- | the next highest bidder was adopted. The Board then adjourned, A fect that, in case either of tue abe Geclined to enter into the contract, {ne com. ittee Nave the power to enter into contract wita