The New York Herald Newspaper, October 20, 1869, Page 5

NEW YORK CITY. Charge Against Lottery Deulers. Before Commissioner Shields. FE. W. Hughes, No, 1803, Greenwich street; James Biurgia, No. 6 Park place; George Costigan, No. $ Ann street; James Hogg, No. 176 Greenwich atreet; Allen Thompson, 464 Pearl street; 0. A, Bills, Greenwich street, and Mr, Mikile, No, 240 Greenwich street. were arrested on the charge of knowingly exercising and carrying on the business of lottery dealers without Ravn t of the special tax required by the statute. Tho defendants were taken before the Commissioner and held under ball iu Uae sana of $500 to await examination. Alleged Iicit Removal of Spirits. Betore Commissioner Osborne. The United States vs, Joseph Rox3.—This was a complaint made some time since that Joseph Ross was engaged in receiving illicit whiskey at his place, No. 363 West Thirty-ninth street. The charges were that five barrels were unloaded before his door in Augugt last upon which no tax was paid; that he had taken out no license as retail dealer from May 1 to September 1, 1869, and that he bad standing casks am his place which were not stamped and which were gone away with. It was further com plained trot he had up @ sign as a “who gale dealer,’? without wny wholesale licen: that Ross was «a rectifyer and distiller; that he had resisied a revenue officer in the dis charge oi his duty and that he did not keep proper books. A great deat of testimony was taken on all these charges, Mr. Ethan Atlen, counsel for Koss, contending that one of the charges was proves The five barrels of Whiskey. were abandoned by the aelence aud ‘he Commissioner yester- day discharg 3 on the last ef the above charges, liv having been auecady discharged on ali the others, SUPREME COU\T—CAAMBEAS The Argument in the Gold Cases=Lojunctions the Gold Exchange Baak and the Exchange—How the Business Has ‘o Condovted—Further Affidavits. Before Judge Cardozo. smiih vs, Cos.—In pursuance of adjournment from last week the argument, in the Wall street gold Mjunction cases came up yesterday morning beiore Judge Cardozo, when @ large array of counsel ap- peared on both sides. Mr. David Dudiey Field and Mr. Dudiey Field appeared on behal{ of the platnuits; Messrs. Clar- 4nce H. Seward, Marvin and Ba Costa for the } York Gold Exchange Bank and Mr. Marbury for the New York Stock Exchange. ‘The ease of Smitn vs. Cox was hit upon as @ test case for four others also in issue, ; Mr. Dudley Field, in opening his motion to the court, said that four of these motions came up on the original order of injunction, which was accom- paniod by an order to show cause why the injunc- tions should not be made perpetuai or why they should not be continued until, the trial. In the fourth case the injunciton was absolute, and the defendant had obtained an order to show cause why the injunction should not be set aside, which was returnable to-day. ‘he cases were almost identical, except thatot Willard. He would, therefore, go on and give astatement of the cases as contained in the complaint:— kaward K, Willard, Plaintiff, vs, witiam H. Neilson, as President of the New York Stock change, and Townsend Cor, as President of ihe .New York Gold Exchange, Wiliam IH. Neilson, Moses Il. Wheelock, B, O. White, George H. Broad: head, Townsend Cox, Thomas A, Hoyt, George H. Berd, Thomas P, Akers and George Phipps, Desend ants.—The plainti’ complains and alleges:—- ‘ First—That this action is commenced on behalf of hunself and of all otier members of the New York Stock Exchange and of the New York Gold Ex- change, who are similarly situafed and who may contribute to the expenses of Uh!s action, Second—That the New York Stock Exchange isa Joint stock association, composed of several hun- dred persons, associated together for the purpose of transacting business in stocks, bonds and securities, and located and transacting its business only in the city and county of New York. Third—The New York Gold Exchange is a joint stock association, composed of more than 200 mem- bers or persons, associated together for the purpose of transacting business in buying and selliug gold the city and county of New York. Fourth—The plaintiff is amember of each of the said associations, and isabroker in goid; the de- fendant Neilson is Presideut of the New York Stock Hxchange, and the defendant (ox is President of the New York Gold Exchange; the defendants Wheelock, White and Broadhead are each officers of said New York Stock Exchange, and the defendants Hoyt, Bend, Akers and Phipps are each officers of said Gold Exchange. * Fifth—By the bylaws of the New York Gold Ex- change itis in substance prescribed that all con- tracts made by ita members with eacn other for the urchase or gale of gold shall be settled through the ww York Gold Exchange Bank, unless otherwise provided 4 the terms of the contract. Siath—The said bank is a clearing honse, by the aid of which the members of the said New York Gold Bxchaige have been for a long ume accustomed to settie the balances due from them to each other upon dealings in gold, and by this means the said mem- bers have been relieved from the necessity of settlin; all the transactions in detail, so that if a broker noid gokl to twenty diferent persons and bought gold frem twenty other persons he wouid, under the oper- ation of the suid rule, have to pay out or receive only the difference between the whole.2mount of his pur- chases on one day, Whereas in the absence of such a provision the contract would be much more onerous, ‘and he would have to deliver the whole amount of his sales and obtain actual possession in one day of such an amount of gold ior that purpose, and also to obtaim in one day currency s#uiicient to pay for the gold bought by him. Seventh—On Friday, September 24, 1869, the trans- actions of the said the New York Gold Exchange in gold between its members were very large, exceed- Ing $350,000,000 in coin and $450,000,000 Im currency, and almost the whole of these transactions were made under wee aforesaid, with a distinct un- dersianding anfOug all parties that they would be aetiled through the said bank, and such an arrange. ‘Ment Was an essential element of the contracts, and particularly of those made and eutered into by this plainuit with other members of the said New York Gold Exchange. Bighth—It Was, and 1s utterly impossible to per- form these contracts by separate deliveries and pay- ments, aud was so well known to the parties thereto, there not being enough coin or currency in the coun- try w do it. And no provision was made or contem- plated by the parties for the failure of said bank to actas a clearinghouse. The said bank has neg- lected to clear the said transactions, its afairs are in great confusion, its solvency is much unpaired if not destroye@, and It 1s now restrained by injunc- tion from doing business aud 1s in the hands of a receiver. Novh—The adjustment of accounts incident to a clearance of the said transactions is a task of ex- treme delicacy and great difficulty, involving the exercise of the highest personal discretion, and the or, of making such an adjustment cannot lawfully be devolved upon any person other than one agreed upon by all parties. Tenth—The piainuft and many other persons are members of the New York Goid Exchange and also of the New York Stock Exchange, and contracts have been entéred into by the plaintif! and others, members of both exchanges, with reference to the rules and bylaws of the New York Gold Exchange, and subject thereto, forthe saie of gold, which con- tracts have not yet been completed by the plaintin’s delivery of the gold or cleared through the Gola Kix- chan; ik. It is now claimed by some of the members of the New York Stock Exchange that these contracts shall be closed at the New York Stock Exchange, under and in accordance with its rules and bylaws, instead of under the ries and by- Jaws of the New York Gold Exchange, under and in of which such contracts were made, A—Each of the said Exctranges has a rule or bylaw, by which the president or other officer of each te required to buy or sell, as tuc case may be, for the account of any member of that Exchange neg- lecting to tulfil his contracts a& a member thereof, Graing, upon wuch sale ‘or pufetase, aud ih derault W or purchase, and in defa thereof is liable to expulsion from euch Exc! but the said rule in each Exchange was and is i tended to apply ony to transactions conducted Set Se Sees caer os x a ve m apply, nor has been applied, to transactions made with Teierenoe wo the rules of any other organization. gu i—It is the avowed intention of many mem- bers of the said New York Stock Exchange to apply and enforce the rules and bylaws of the said New k Excl to said contracts made for the parousee and ale of gold between members of the waid the New York Gold Exchange, and with refe- renee and in subordination to the rules and ‘bylaws of the said New York Gold Exchange, and to require the President of the New York Stock genre ob or some other officer thereof, to buy and s#eli gold on account of sach ns claimed to be debtors on the adjustment of said transactions, and ‘as the plaintitt ts informed and believes’ the prest- dent or other officers of said New York Stock Exchange will do so, and members failing to ¢om- pleve transactions go made on their account by the ore or other officer of said New York Stock Exchange will be expelled from said association, will be ‘deprived of the power to deal as a pubito broker in gold and will lose nis credit and standing among brokers, bankers and business men, thereby suffering damage irreparable, and wholly incapable of being estimated or made good by pecuniary com- ton, even if compensation for such furtes ‘could be made It will be impossible to agcer- 8 I liable to tt. ‘aWnerefore the peandit prays Jadginent:— . the defendants and each of them, and the New yor "htook Buchange and the oflcers thereof, be restrained on account of Pint Gane ac ykake tad or sale is the failure of such member Lj eon 1d from expelling or Saluve t0 perform say suck tract, an - ed of bis or to perforin uny r to be made on his account by any officer, trustee or agent of anid Stock Exchange, in consequence of lis non-performance of any such contract as aforesaid. 2 Phat all the purchases and sales of gold made. by mem bers of the New York Gold Exchange on Fridny, September 24, 1868, under the rule requiring or contemplating settlament through the New York Gold Exchange Bank be declared void. B ‘That the defendants and all members and officers of the said exebanges be restrained by injunction from enforetug any of such contracts by uny other means than actions tn courts of public jurtice, “4. That they be further restrained, by injunction, from buy- Ling gokl on account of any member of #ald ex; under the rules or bylaws thereof, where the ground of suck purchase or sale in the failure od such member to perform coutracts entered into by him on the said Friday, under the rule’ aforesaid, and from expelling or suspending any such member from the said exchanges, or eRher.of then, or interfering with the full exereise of his’ privileges therein, on wccount of his failure to perform any contract made on his account by any odicer of either of the said exchanges, | consequence of hin nou-performance of any such contract asoresnid. FIELD & SHEARMAN, Plaiutifi’s Attorneys. city and County af New York.—Eaward K, Wil- lard, the platnti, being duly sworn, says that the bending cempiaint is true of his own knowledge, excep! as to the mutters therein stated to be upon inforination and belief, and as to these matters he believes It to be trae, EDWARD K, WILLARD, Sworn September 30, 186%, before me—EDWARD ENstGn, Notary Public New York county. Mr. Field then proceetied to say that the New York Gold Exchange Is ‘an association composed of more than 200 persons associated together for the purpose of transacting business in gold,” one of whose bylaws provides that ‘all contracts made by its members for the purchase or sale of gold shall be settled through the New York Gold Exchange Bank unless otherwise provided by the terms or the contract.” And other by- laws “direct iis president to buy or sell, as the case may be, gold on account of members who fall to comply with their contracts, make any member personally responsible for the loss incurred upon such purchase or saie, and require the expulsion of any member who fails to pay such loss forthwith,’? On Friday, September 24, sales were maile to the amount of over $00,000,000 In coin, and $450,000, 000 in currency, nearly all of which were by the terms of the contract to be settied through the Gold Ex- change Bank. ‘The bank refuses to clear these transactions, and in fact unable to do 80; performance ot the con- trge otherwise 1s impossible. lion of the association have appointed a com- mittee 10 make the clearance, but other members do hot assent. “It i3 the avowed attention of many members to require the president to buy or sell gold” under 1r- reguiar adjustment, and he wilt comply, and the members who refuse to submit will be expelled, suf- ferme irreparable loss. ‘The plain? asks that the contracts of the 24th of September be declared void, and that all attempts toenforce them by the action of the association, inde- pendent of the courts of justice, be restramed by injunetion. * = An injunction having been granted, a motion 1s now made to continue it till the trial. POLST. FirtTho Gold Exchange is powerless to enforce the con- tracts in question, Yhey were mae, “ia be gottle the New York Gold Exchange Bank.” ‘That was 3 tial part of the contract. The Gold Exchange has tia of settlement. So soon a8 0} pectliar ineans provided by the an the tract for setting them fail, the parties are remitted to the courts of justice, rond-—The attempt of the Gold Excbange to ealorce a set- nt of these contracts by ite own power, either through a rwise, would lead to great oppression and who refuse to submit to ils usurped an- iy. ja i—Tho plaiutut, who suew not for himself but for all the other members wilo may come in, has a direct tnterest In r and ustrped power, frst because he ly responsible, and secondly because he The piaintif, in short, has no other adequate re- drexs. Compensation ‘tu damayes would be wholly inade- quate if there were any legal measures of damages for such an injury, which, however, there is nol. ‘To stay the hands ig asociation and leave the parties to the courts of jus- is the dictate of equity and of reason. ‘ELD & SHEARMAN, Piaintifi’s Attorneys, DAVID DUDLEY FIELD, of Counsel. Mr. De Costa read in reply the angwer of the Gold Exchange ta the cases of Palmer, Wallet and Eno, which has aiready fully appeared m the HERAaLp. Mr. Marbury, on behalf oi Mr. Neilson, President of the New York Stock Exchange, und its other officers, raised the prelimmary objection that the complalat was not verified in such a manner as to warrant the injunction, The defendants denied that tre New York Stock Exchange is a joint stock asso- Aon, 48 asserted In the cowplaint, It was a mere voluntary association of individuals, but not a part- nership. Mr. Marbury then read his answer, denying each and every a ‘iegation in the complaint, AVFIDAVIT OF HENRY N. SMITH. -Mr. Dudley Field then read the following aMidavit of Mr. Henry N. Smith:— a Henry Others ve. Townsend Cox awl Others.— City anit Conaty Yurk.—Henry N. Sinith belog dui sworn salth as follows:—I had nothing whatever. todo with the proceedings wherein a receiver of the Gold Exchange Bank was appointed and injunctions obtained against that bank, I was not a party thereto, nor was I implicated therein, but I know that a receiver is atill in possession of that bank and the sults wherein one was appolvied and the awrite commenced are stl pending. On the Tith inal ‘an order was inade by the court auihorizing the receiverto make settlement, He has since engaged in endeavoring to state the accounts and make settlements, and before that time many persons, including the oificers of the bank and others inicrested in il affairs, were diligently endeavoring ta settle them. Up to the present time the accounts, even of Thursday, Sept. 2, when the transactions were fat less nu- merous und comparatively uncompheated, are sti!l unad- dusted, whule thong of Friday, September 24, remain almost f not quite untouched; and it ts a matter of public notoriety, stated by the officers of the bank and others, and repeatedly snnouveed without contradiction at §meotings or brokers andi ot y been impossible tu clear the transactions of Friday, not by reason of any legal | proceedings | taken) but because they can not be cleared til the transactions of Thursday are cleared, and those of Thursday have not been u decause of their magnitude and the great number of failures among dealers. I was not present at the meoting of Septem ber 2%, when the resolution set forth at folto 12 of tne answer of Townsend Cox and others, in my suit, against them, is said to have been passed, nor did I ever vote for or assent’ to said resolution or authorize any one else to vote for it iu the Gold Exchange and Stock Exchange are ver and age merchantable bought and sold in the Exch: are $10,000 and to the Stock Exchange $10,000, which every person elocted tos membership is obliged to pay before taking his seat, unless he has purchased the seat of anotuer member, When & member of either board does not comply with the rules of that board, or does not pay diiferences upon purchasos or sales under the rules, he is suspended and not permitted to transact business fd board until his differences are patd, and if they remain un- paid for a certain lenyth of time his reat is forfeited. In som canes it is avid ugnin for the benedt of creditors or of the as. soolation, and sometimes ft is declared entirely lost. Tam member of the New York tiold Exchange, ‘and my aole by ness consists in the purchase and sale of stocks, bonds, sec ities and gold for otbens upon comission, 1 Cannot trans: act business tn gold anyMlarge amount without & seat in the Gold Exchange, and it were suspended or expelled theefrom I would be deprived of my Present means of support. Each xchange haa s common und to pay rent, salaries of employes, incidental expenses, &c., and money is appropriuted froin time to time by a vole of such board or of some executive or other committee dele- ted by it, This fund, owned by the Stock Erehane, jollara, and by the Finnitl i kxchange ‘$110,000, and I, as weil aseach me: Gold” Exel » ehave interest in the hy or for me on the Md of Septembe: clearance at the Gold Exchange Bani them “ex Clearing House.” T always di tertain a beliet that all the rules of the Gold xchan; craed my contracts made therein and constituted ‘ thereof, HENRY N. SMITH. MR. SEWARD’S ARGUMENT. Mr. Seward repiied on behalf of the Gold Exchange in an able argument, of which the following are tiie leading points: MAY IT PLPABR YOUR HoNoR—The facts in this cage are these: The plaintii! is member of the New York Goid Exchange. He signed its constitution and by-iaws, He avers that on the 24th of Septemb 269, he sold and bought vid at the Gold Hy bot delivered or paid for the gold, a: Y reason thereof the Court ahguld declare his contracts of eale or purchase to he void and him self entitled to be relfeved from the application of the pro- visions of the constitution and by-lawa applicable to cases of defaulting members. This fa the entire equity of the case, The injunction i prayed to restrain the Gold Exchange and its officers from enforcing, as against the plaintit, tho provisions of the covatitution and by-laws of the Exchange, and from enforcing the plaintli’™ contracts. ‘This Court has no jurisdiction of the caue preaented by the jaintiff. It has no juriadiction to declare the eontract void, for the facts alleged do not bring the contract within the exceptional cases of fraud, accident or contidence. ‘The con- act is one relating simply toa sule or purchase of gold, Equity will not specific performance of a contract Howe vs, Nickerson, erforin: and do now, “en: ance of an agreement tu transfer P. Wm., 570), and the converse relieve ‘frota sach contract, tf contract can be proved to be u bard oue, even that ground aflorda ao right to rliel ine W Wa. Jevnegan, 2 Atk..28¢; Troy Iron and Null. Fi Corning, 4 Barb. 5. C.R., 235.) Nor will equity upon the ground of mistaken eaiculation interfere to relieve from protitable bargains. (Segur va, Tingley, 1 Com. 134.) On the most liberal interpretation of the case the pisintiff As_an adequate remedy at law, and is not, therefore, eutitied to the intervention of thin Court, If the contract has become legally impossible of | perforin- enon om ne ft , pore of . ence Cs Jaw, but is no ground ior the interposition of « cow If action is taken under the constitution 0 againat the plaintiff, and a ther disregard it, or if he ment is wrong, the plainti a desires iegai redress his remedy ts by mandamus to restore, ‘and not by wmjunction to prevent, his contempiated re. moval. This court disclaims a right to interfere with “every possible cause of tigation and with all the ns springing social or business connections, This court, as @ court of equity, disciaims ‘any jurisdiction to arrest or preveut the commission of ve. MeKenzie (3 Barb. Ch. Rep., $24) this ‘hiv court has no jurisdiction to restrain oF ‘ormance of moral duties, are connected with the rights of p LDC Bar. 965) thie Court sas ja cour t— Mi ra 104 wo a of thé'Siaie or laws of a corpora: fo the same affect ara West vs. the Mayor, 10 Harmon vs. » Spear’s Ch., 87; Attorne: ance, Baie, 24; Reople ve. Mercer, Yds tie ehere ; Nee \ yenaee ‘are certain pn therefore, oJ cortai private pertonal relations, over which the Court of Chancery doos not claim to have jurisdiction. Upon principle and logous authorities this court should refune to interfere by ite tnjunc- ssi naomaeion sate te ‘he New ire Gold Exchange is ciation. It i¢ not entablished by, tow he tele. elements of a copartnership, It has Theltners stock for bust Allthat it hae is a itusion and by- laws and its existence Th Ye. mot differentia it organization from that u a Assembly of the Presbyterian Church, which the court, in the ded 10. be grog "anncia y Nowe a ty having "n0 ‘cor- quality in tacit; mot ® subject of Gar jurie- Bleton or of our we Irave no wo common place for the transaction of business an brokers.”' And the plainllf was ” fim, the constitution To the same effect is Cano va. Brigham. (39 Maine, 38) The constitution and by-laws which were signed by the plaintiif constituted a contract be- tween kim and the association, and between bim and every other member of the association; a contract that it ls not Within the equitable jurisdiction of this court—in the sb- sence of any allegation wisious were unreason- able in their ineeption—t e with, (Adley va. Whit- stable Company, 17 Ves., 283; Tllesion va. Newell, 1 Mass., 406.) Even if the by-laws were hardin their bearing upon the members, yet it is competent for a member, by consent to render ® matter of common right which he not be deprived of by & by-law that had received hig assent, (Black, and White Smit to make by a written organic iaw, (Angeli & Ames on Corporations, 2 5.) And the written signature to such by laws lmplies aasent to all the ‘and if the provisions of the by-laws had by ‘od the plaintitt bad been suspended, there wouldexist no proper authority on the vart of this Court, either sitting as a court of equity or a court of law, to ise the judgment of suspension, either by Mmjunction, ction oF riundamus. Ifthe suapeoston was the result o compilance with the by-laws, then t is con- sive upon the merits and catinot be inquired into collaterally or by direct procedure. The asso- ciation in that | regard, ste judiclaly, | and ite sevience is conclusive like that of any other judicial tribu- nal. (Commonwealth vs, Pike Beneficial Society, 6 Watts & Sarjeunt, 200.) |The decision of the association, whlch tt must be conceded, is lawfully constituted, upon & question roperly brought before “it, respecting a matter within ite jurisdiction, 1s not open to review; and for this reason, that ull the members of the association have constituted sociation the original and final arbiter on the merits upon any dispute arising among them. In the present care the pluintitf 1s estopped from contesting either the actual or pi posed action of the association in reference to his suspet 3 could not sion, Having signed the constitution and by-laws, and having confessed complaint that he ed them by refusing to fulfil his he cannot ask the court to relieve him tence of suspension or from the enforcement of his con- Regina vs. vans, 3 E. & B., 360; ex parte Any Long, 29 Eng. Law and Eq., 194, In Black and White smiths! Soctely vs, Van Dyke (2 Whart,, 818) the by- laws were asserted to derive their force from assent elther ual oF constructive, and the party ansenting. to the rter is, consequently, bouud by eversthing doue In cordance with it; and When he has been’ regularly tried an expelled the senteuce of the soclety, acting in a judicial c pacity and within its jurisdiction, fs not to'be questioned od laterally. ‘The sume doctrine is asserted in Society, &c.. va. Commonwealth (62 Penna., 11); 1u Commonweaith vs. Pike Beneticial Society (8 W. AT; ‘foram va. the Ho- ward Beneficial Association (4 Harr, 520), where the Court held that the plaints by becoming x’corporator, assented to the acts of the society, prospectively to be done according to the charter of its constitution; and that ie was concluded by the decision of his own foram, Subjection on the part of every member to the constitution wud by-laws is a funda- menial condition of the existence of the association; and @ refufal on the part of individual inembers to obey, or'to per- mit to de enforced against ther sich provisions 1s dest: tiv be existence of the s0- ciety. It the conduct of the plaintiff tends in any manner to ‘injure either the reputation or the existence of the association, then ‘the | plainii’ is properiy | to be suspended for such conduct, (Evang va. Philadelphia Clnd, 60 Penna. K., 117; the Commonwealth va. the Philar- y, 5 Uinney, 488; Burrows vs. the Massachusetts | Society, 12 Cushing, 402; Hopkinson vs. Marquis of Exeter, Eng, Law Re E., C 4. See also People ex er ve. N. ¥. Commercial Association, 18 Abb. Pr. ja ex rel. Waring vs. Georgian Medical Socie N. 8.), 5ibs, and cases in note p. 87; People va. Whi 86, Tt is to be sxid that these provisions in the constitution and by-laws providing an 01 xinal forum and modes of procedure therein for the enfc ment of the contracts of the members and for a deci tracts under the rules. on upon the question of @ right of continued membership are vold, aa precluding the exercise of the jurisdiction of judicial tefounals, suoh suggestion Is conclusively answered by the fact that it fs compeent tor the plaintiff wo surrender his Hehe of Appeal to ihe ordinary judicial tribunals, and, to substitute a special tribunal ‘in place thereof; and tals, too, even wnen rights of property are involved, | (Black and’ White Smiths’ Society va, Van Dyke, Supra.) The decision #oclation is like an award made by a tribunal of the party's own choosing, and the action of the society in pro- elng such award is judicial and is sentence conclusiv (Commonwealth vs. I Soclety, 8 W. & 8. 25),) So far ax the distr it was ‘decided as long ago as Bagy’s case ( t the disfranchisement, even woen the rights of ere concerned, could be legally ‘pronounced if the authority for so doing’ was con- tained in the orgame law of the association to which the member had submitted upon joining Ames on Corps, 347, 343 et seq.) ‘The constitution of the association in the present case provides a forum for the submission of all controversies and for the suspension of do- faulting members. ‘There is no foundation for alleging that the provision of ‘the, thind rule that “all contracts for, gold shall be settled through the New York Gold Exchange Bank’? onstituted an element inthe contract. Ii it did, inasmuch itnow appears that the Gold Exchange Bank’is relieved embarrassinent, «uch ground of objection to the con- would fali, and with it the rij toan injunction, But pparent from the language oc the rule and from, the re of the case, that the New York Gold Exchange Bank Were not partners to the contracts entered into by the mem- bersof the Gold Exchange with each other. The very lun- of the rule requires that contract should: pre- aad {t then provides a method for the easy ful- filment of such contract; but such method does not relate back to the formation of the contract, or enter into it in any way. The failure of the bank does not impair the ob.i- gation of the contract as between the parties; nor would the Tailure of the parties impose any obligation upon the bank. Inasmuch, therefore, as the bank was not a party to the con- tract, and’assumed no oblfgations thereunder, the pecuniary condition of the bank is inconsequential. It’ was simply a vehicle of exchange of the obligations of others, and disaster to the vehicle does not impair the obligation of the contract of thone who agreed to use it, Mr. Marbury followed on behalf of the New York Stock Exchange, advancing stuiliar positions for the defence to those taken by Mr. Seward, and occupy- ing the time e the court until the hour of adjourn- ment, Adjourned till this morning at ven o'clock, SUPREME COURT—CIRCUIT—PART |. The Litigation Over Madame Jumel’s Estate. Before Judge Ingraham. Bonen et al, vs, Chase et al.—The hearing of this case has been postponed by Judge Ingraham until the Orst Monday in November, counsel stipulating to be ready for trial then. SUPREME COURT—CIACUIT—PAIT 2. The Jewelry Case. Before Judge Sutherland and a Jury. Meyer vs, Gage.—The jury in this case, the particu- lars of which have already appeared in the HERALD, Pe ah in @ verdict yesterday m favor of plait! (or $050, ‘ COURT OF GENERAL SESSIONS. A Protessional Hotel Burglar Sent to the State Prison for Ten Yeare—Remarks of Judge Bedford—Warning to Hotel Thieves. Before Gunning 8. Bedford, Jr., City Judge. ‘The City Judge presided tn this court to-day, ana District Attorney Hutchings prosecuted, There was a large calendar of cases, disposed of mostly by pleas of guilty. ‘The only case tried by a jury was an indictment for burglary in the second degree, preferred against Louis Sanders, @ well dressed and intelligent look- ing man. The evidence for the prosecution showed that on the evening of the 9th of September the room clerk Of tue Metropolitan Hotel rented room No. 368 to Mr. Farwell, who took the key and pro- ceeded up stairs; that the prisoner was not a guest of the house, and that the first that was seen of him society. the (Ang. & in the ofice was at eleven o'clock that night, when he was brought down from room No, 358 Officer Porter was standt- mg at the foot of the stairs, when he saw Sanders rnanmg down and Farweil following him in his stocking feet. He said he found Sanders under his bed. When the accused was brought to the station house he said he was hungry and hard up when he went into the room. There was a skele- ton key found in the room afterwards, and as the chainbermaid testified that she locked the door at nine o'clock he must have eifected an entrauce in that way. Mr. Lutehin, read the explanation which the prisoner made before the magistrate. 1t is as foliows:—"'I had armved trom Cincinnatt with- out money and entered the hotel, and upon going up stairs found a roora door upon. [entered it, in- veading to sleep there. Alter a little while the chambermaid entered aud | hid under the bed. She left the room and locked the door; 1, therefore, could not get out again. The gentieman came in and | had to hide again, and he caught me under the bed..- I had no chance to get out of the room, for the chambermaid locked the door. 1 insist that the door was unlocked when I entered the room, The gus was burning, and I did not cuter the room with the object of roobery.”’ . The prisoner gave no. testimony, and Mr, Hutch- ings made an able speech in summing up, showing from the prisoner's own statement that he was guilty. After a clear and impartial charge by Juage Bedford the jury promptly rendered a verdict of guilty. Upon the rendition of the verdict Mr. Hutchings stated that on the afternoon of the same day tie prisoner entered the St. Nicholas Hotel and ut- tempted to steal-property there. The chambermaid, who was then in court, saw Sanders in the room, and When he perceived her he attempted to escape by jumping out of the window. ‘the prisoner being asked by the Clerk what he had to say why judgment should not be pronounced against him, replied that he had no means to pro- cure lodgings and entered the room. He also admitted that he went into the St. Nicholas Hotel Judge Bedford, in passing sentence, said:—Sai ju have been tried and convicted of a dart der: burg Itappears in evidence that Mr. Farweli en @ rool one of our most respecta- waged om ble hoteis, aud that after undressing, and when about to get into bed, he discevered you conceaied under the bed. Conscious of your gutit, you endea- vor to escape. Mr. Farwell chases you, and, fgrtu- nately for the ends of justice, oficer Porter captures you. <A skeleton key is found on the Noor, demon- strat the starting fact that you are a profes- sional burglar. tis perfectly clear to mind that the tact that you were concealed under the bed proves at once that you were there for a felonious rpose—unqueationably to steal, and, if needs be, to tburaer. yr the pi jon of all persons living at hotels and as @ warai bel to the game fraternity as you do, I shall sentence you to the extreme penalty of the law—viz., ten years in the State Prison. ‘William H. Brown, against whom were four com- plainw for CueerTig money by false pretences, pleaded guilty to an indictinent eharging him with attempting to defraud Michael ee 44 Weat Fourth street, on the 25th of September, by tender- tug him in papel of a debt of $140 a check upon the Fulton National Bank for a pend go w have been signed by H, J. mond » and made payable to W. H. wn. it was discovered that the check was & forgery, and the prisoner repre- sented to Mr. Peppard that he received tt from the cashier of the Times estabiishmont in paymenc for pecvices. ‘The prisoner asked the Jadge to remand him till he would have @ NEW YORK HERALD, WEDNESDAY, OCTOBER 20, 1869.—TRIPLE SHEET. Brown, who is said to have been s Bohemian, to the State Prison for three years. Thomas Roberts was indicted for grand larceny in stealing, on the 21st of September, a gold watch and other jewelry valued at forty dollars, the property of Charles Harris, No. 304 Bast Tuirty-fourth street. He pleaded guilty to an attempt at grand larceny. James Dempsey made a similar plea, he having been indicted for stealing a horse and wagon valued ‘at $500, on the 27th of Septeraber, which were owned by Alonzo Dutch. ‘The property was recovered. Roberts and Deinpsey were each sent to the State Prison for two years and six months, Charles Roberts pleaded guilty to an attempt at grand larceny. He was charged with stealing, on the 29th of September, gold watch and ehato valued at $60, from Peter F. Wey, 338 Pear! sirect. Joseph Schleiger pleaded guilty to an indictment charging him with stealing $100 worth of clothing on the 26th of September, trom James Clancy. Roberts and Schieiger were each sent to tue State Prison for one year. Caroline Smith, who was charged with stealing a silver watch from Jacob Bonbag on the 25th of Sep- tember, pleaded guilty to petty larceny. As there were extenuating circumstances, the Judge sent her to the ae Prison for thirty days. The following i the calendar for to-day:—The People vs. Francis McGuire, felonious assault and battery; Same va. Thomas O'Brien, do.; Same vs. Michael Kavanagh and Joseph White, robbery; Same vs, Julius Gatean and Alexander Girard, do.; Same vs, Jolin Manchester, do. Dustin, burglary; Same vs, Same vs. Patrick Sullivan et ail., Same vs. Johanna Wenthart, grand larcet Same vs. Thomas Campbell, do. ; Same vs. Henry Bowin. do.; Same vs. Oscar Wilson, larceny from the person; Same vs. Leopold Sonneschein, forgery; Same va. Drake R. Dunn, do; Same vs. Ed- ward J. Martin, Jr., felonious assault and battery: Same vs. Charles Spahr, « Same vs. Patrick Barry, do.; Same ys. George Taylor, assault and bat- tery; Same vs. Patrick Stafford, do.; Same vs. Stephen Fitzsimmons and John Haggerty, robbery; Same vs. Join Thompson and Joseph Johnson, grand larceny; Same vs. John Cullin, larceny. CIVIL COURT CALENDARS—THIS DAY. OYER AND TERMINER AND SuPREME CouRT C1? cuit—Part 1—Before Judge Ingrauam. Court opens at halt-past ten A, M.-- Nos. 1043), 1717, 1947, Ly: 1967, 1973, 1491, 1645, 1981, 1985, 1935, 1987, 1989, 1901, 1995, 1997, 2001, 2003, 2005, Part 2—Before Judge Sutherland. Court opens at A. M.—Nos. 520, 340, 1062, 1400, 1530, 15 484, 880, 1120, 1484, 148s, }, 1540, 956, 1316, 1624, 1564, 1566, Supreme Court—SrecraL TerM.—Held by Jadge Barnard. Court opens at haif-past ten A. M.—De- murrers. 26, 27, Law and fact—274, 135, 184, 242, 248, 115, 251, » 254, 267, }, 200, 264, 205, 266, 267, 263, 269, Surreme CourT—Cramprrs.—tleld by Judge Car- ‘Nos. dozo. Call of calendar at eleven A, M. 54, 59, 63, 82, 83, 91, 99, 105, 1s 3. Call 126, Surerion Counr—Tx rt 1—Before Judge Barbour. Court opens at eleven A. Nos. 1,025, 1, 131,104, 983, 1,035, 1,755, 1,067, 251, 1,177 1,147, 1,197, 1,190, 1,118, 1,181,’ Part 2—Before Judge Fried: man. Court opens at cleven A, M.—Nos. 1,002, 1,004, MARI Jugde Gross. Cail of caleudar at ven 8,779, 3,815, 3,859, 3,837, 3,919, 3, 978, 3,974, 3,975, 8,971, 3,972, 3, Curtis. ” Galt of cate dar atten A CITY INTELLIGENC pe ee Tur WEATHER YESTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours in comparison with the cor- . responding day of last year, as indicated by the thermometer at Hudnut’s Pharmacy, Heravp Bulld- ing, corner of Ann sur 68. 1860, 1868, 1869. woe 48 49 56, 52 3P.M... see 60 49 6AM, 55 48 + 5D 52 OP. M. a » 62 53 12 P.M. . Ath Average temperatuge yesterday. . 494, Average temperature for corresponding da last year........ A SoingE Dan Park Garden will give their annual soirée dansante on ‘Thursday evening, October 21, at the Garden, THE POLICE AND THE BROOKLYN FIREMEN.—Super- intendent Kennedy yesterday issued general order No. 582, instructing the police of the city of Brooklyn to render the same assistance to the new Fire Department of that city as is reudered now in New York. It 1s issued in accordance with the resolution of the Police Board, published in the HERAL terday. DeatTa rRoM INJURIES.—Henry Grant, a colored man, late of 198 Rivington street, on Monday night quarrelied with his wife, and, in doing so, fell and struck his head against the pavement in front of the house, causing compression of the brain and other injuries. He was taken into the house and died some hours afterwards. Coroner Keenan was notified to hold an inquest on the body. THE FivTa AVENUE PAVEMENT.—A number of workmen on Fifth avenue were yesterday morning engaged in repairing the concrete pavement. The holes are being filled up and a new material is being spread Upon the surface, which, the men say, will be more durable t! the other. It 18 said to be the same as is now in use in Paris, and, when dry, will become firm and hard. THE ComING EcLipses.—During the year 1870 there will occur six eclipses, four of the sun and two of the moon, but these will all be invisible in the United States. The next eclipse will be a total one of the moon, on January 16 and 17, 1870, visible on the opposite side of our globe. The next eclipse (partial) of the sun, visivle at the South Pole, will occur on January 30. The next total solar eclipse will happen on December 21, 1870, the central line visible at the extreme northern part of Africa and the southeastern part of Europe. ROBBERIES aT FULTON FERRY—WHRRE ARE THE Pouice?—On Saturday night last some thieves boarded a schooner lying alongside the pier adjoin- ing Fulton ferry, and, after collecting @ quantity of wearing apparel, were about to decamp, wien they were interrupted by the timely appearance on deck of one of the crew, who bad been aroused by the noise, ‘The thieves escaped. On Sunday morning following, between eleven and twelve o'clock, while numbers of individuals were passing along South street, an old man named Wii- ham Carleton, ecttin f at 170 Broome street, was garotted and “gone through” by two well dressed young men onthe same pier. The thieves threat- ened to pitch him into the river if he made any out- cry. After taking from their victim everything of value he possessed they made off in the direction of Fulton Market. On Monday afternoon, abont four o’clock, Mr. A. A, Alberga. commission merchant, of 44 Exchange place, was hustied and robbed of a gold watch valued at $200 while passing through Fuiton Market on his way to the ferry. POLICE INTELLIGENCE, of yes- INFRINGEMENT OF THE HOTEL AcP,.—John Bishop, & respe bly dressed man, was brought before Judge Hogan, at the Tombs Police Court, charged with incurring a debt of $155, without having the means to pay, at the Washington Hotel, No. 1 broad- way. Mr. John E. Merrill, the proprietor, charged Bishop with fraud, aud he was committed w we ‘fombs to answer. RowBERY IN Mort Srrest.—Martin Williams and Thomas Collins, two youths, were brouglt before Judge Hogan, at the Tombs, charged ‘with robbing James Bolton, of 150 Mott street, of a watch valued at $107. The complainant said he was passing through Mott street, when the two defendants and another, not in custody, surrounded him and robbed hin of his watch, Both were. committed to an- swer. Rosekry iN FULTON MakKer.—William Strange, a seaman, forty-two years of age, Was charged with robbii.g Jonn Osborne of fifty-three dollars, while he was passing through Fulton Market on Monday night. Me noticed a man’s hand in the pocket of his pants and caught the fingers of the defendant there, ‘On examination he discovered that he had lost afty- three dollars. range Was brought before Judge Hogan, at the Tombs, and committed to answer, THE SASTINADUED EMIGRANT. The Fifth Precinct Clabbing Case. Several hours were consumed yesterday by Judge Bosworth, of the Police Board, in hearing evidence in the case of Birkie, the German emigrant, against roundsman Buddington and patrolman Jacobs, of the Fifth precinct. This, it will be recollected, is the case so frequently referred to in the papers, where it is charged that the oficers fearfully clubbed Birkle in the station house. Birkle’s testimony was a repetition of that given in his published aMidavits, and he swears positively to the clubbing. The Tombs surgeon described the wounds of the mao Birkle, which were numerous, a8 such that he could not have himself inflicted. 8, C, Swelkempy doposed that on the morning of the, 28th he looked through the grating and saw the era strike @ man; he alo heard Jacobs remark toa milkman that the man stood more clubbing than any man he ever saw. C, H. Gartman deposed that he witnessed the ciub- bing and heard Jacobs make the remark impmted to bit by the last witness, ‘The detence showed by oMicers of the station house that Birkie was arrested for being very drunk, locked up ina cell, Where he became very restless, knocked his head against the angles of the walls and fell down. Doorman bos was the only one who saw a clnd used, and that was b; Buddington, who shoved Birkle tato the cell with The bearing was con- timued until Friday morning next at nine o'clock. The evidence and ings in this case, though not characterized by any “lengthened sweetness,” have evidently been very “long drawn out,” and it is openly asserted that the whole affair is an assumed championstip of friendiess German emigrant” with @ view to create @ certain effect among the Teutons at the BO og) elections, ‘when a few votes from the or may turn te tide of victory, 5 a ontsiaé and in close proximity to the building, were Jeas injured. ‘The main building was 300 feet by 90, enaeoee) with the exception of some 60 feet on the northw: corner, which was two stories high. This was the THE NATIONAL GAMR, Marval ve. Atlantic. Everybody who knows the Mutual and Atlantic | shop pi r, the second mary belng used Pecomees w upholstertog. Ex! Clubs knows that when they meet they play their bt plac Meriog. Tacksmnith shop, oe story bestgame, Yesterday, as was well known, they were to play the return game of thetr match for the season, Of course a spiendid game was expected, and a tne day was hoped for. What kind of a day yesterday Was nobody hereabouts need be told. It was a genuine wintry looking day, and certainly wintry in the feelings which it generated. It was certainly anything but such @ day as ball players would choose to playon with any expectation of doing high and 120 feet long. The engine and boiler were inthis wing, near the east side of the two story portion, and it was in this vicinity the fre was first discovered. Shortly afterwards the flames were dis- covered in the extreme south end of the main build- mg, simougy the wind was blowing from the south, and this fact renders the origin of the fre somewhat mysterious, ‘fhe buildings were of brick and stone, and were altogether substantial. ‘The loas by their destracuon is estimated at $300,000, the whole weight of it coming on insurance companies. The loss to the tools of the employes we have no means their prettiest. Yet, true to their engage- of estimating. ments, the clubs above named met and played; There were about 150 men employed in the shop and the game they played was, indeed, a | and these are thrown out of emp! joyment at a most od =; : unseasonable tine of y Ps one. How cheerlessly cold it was on the ground! The wind did not sing 80 MARRIAGES AND DEATHS. defantly that people were warned of its approach, but it crept in through cracks and crevices and found its way through cioth and leather, and made its existence so unmistakably and disagrecably known and felt to both players and spectators that Witnessing or participating inthe game was really pursuing pleasure under diMiculties, There was & very fair askemblage present, and the spectators Married. ARMSTRONG—WHITEHEAD.—In Brooklyn, on Thars- day, October 14, atthe Nostrand Avenue Methodist Episcopal church, by the pastor, Rev. R. H. Ri James J. ARMSTRONG to ADELAIDE D., daughter Henry Whitehead. 3 GLaRE—SCRIVE On Wednesday, October 6, at heroicully remained to witness the contest to | the parish church of Withecombe Raleigh, Exmouth, its termination, Mr. Martin, of the Eckford | Devonshire, England, by the Rev. Henry tlussey, Club, having been chosen to act as uin- | incumbent, ALFRED CORNING CLARK, youngest son ire, and the Atlantics having won tue toss, | of Edward Clark, Esq. and grandson of the late Ambrose L. Jordan, of New York, to ELizabern ScRIVEN, youngest daughter of the late George Scriven, and niece of Dr. Samael R. Percy, of New York. The bride was attended by her cousins, Misses Emily, Jessie and Florence Wansbroagh, of Shrewton Manor, and Miss Saran 5. Percy, of New York, as bridesmaids, and was given away by her cousin, Adinirai Sir Fairfax Moresby, G. C. B. CARRAGAN—SNYDER.—Un Thursday, October 14, at the First Reformed church, Bayonne, N. J., by the Rey. T. W. Wells, Joun H. CARRAGAN, Of Saratoga, to CARRIB A. SNYDER, Of New York. OESB! MAnsH.—In Brooklyn, on Tuesday, October 19, by the Rey. Henry Powers, EDWARD of tus city, to JuLis, only daughter of Qharles V. Marsh, of Brooklyn, ‘ Wednesday, he game was commenced with the Mutuals atthe pat. Hatfield, after waiting some time and after “two balls” bad been called, sent a low vail to right short Held and was disposed of by Pike and tart, £. Milis sent a “hot”? fly toward centre field, and, Hunt failing to catch it, he succeeded in reaching third base. Flanly retired after giving Ferguson @ chance for a foul fly, which was taken, Mills stole in, after which C, Mulls, by a fine hit to centre field, reached thipd base, A muif by Pearce allowed Swandell to get first base and finally his run. Eggler also scored a ran, after a good nit, and Gedney, after making first on a fine hit to right feld, Was jeit on third base, a4 Carleton was disposed of at first by Chapman (who was playing third) and Stare. The Atiantics then came in for their innings. Pearce was allowed to reach first by # miscalcu- lation of Hatfeid’s, but he was left on second, Brown, Start and Chapman following each other “out” In rapid succession, on @ fly catch by Flanly, a cp bound taken by Mills andya fine throw by Mat- feild to £. Mills. The Mutuals, after the first striker In the second innings had been disposed of by Pearce and Start, scored tive runs, mainly by good, safe hitung, helped, however, by a muif by Pearce. A splendid hit by Swandell marked tis innings when 1ER—ROSENBLATT.—On October 14, at the residence of the bride’s paren! by the Rev. Dr. Vedever, SAMSON HE(DENHBiMMK, Of Galveston, to ANNA, third daughter of Asher Rosen- a is city. ‘and Galveston papers please copy. LAMSON—GILMAN.—On Tuesday, October 19, at Tmnity chapel. by Rev. Dr. Morgan, Danien La! SON to MARY CORNELIA GILMAN, daughter of the lat Samuel Gilman, of New York. there were three on the vases, Eygaler was cap- LAWLER—Hov't.—Privatel, », October tared handsomely on the tly by Chapman in one | 17, by the fi P. Peirce, CLEAVELAND H. Laws hand, ang Carleton fell at first between Pearce and | Lux to Sana, only daughter of David Hoyt, Esq, Start. “One, two, three’? waa the order of the At- Jantic’s outs in the next five innings, Four splendid throws by Carleton to first, brisk playing on flys and bounds by C. Mills and a splendid low fycatch by Eggler marking the play tm the field on the Mutual side. On the Auanuc side two fine stops by Zettiten, and severat sharp playa by Pea ad Pike did the work, The game, as may be judged froin the score, Was brisk and entertaiaiug. The Atlantics made @ good splurge in the seventh inning, winning the four runs alter good hits, In the eighth inning they would have been treated ro another cypher bad Mattleld thrown the val! a littie more accurately to janly on Cuapiman’s nit, as a double play would been almost inevitable, Gedney had but one opfortuntty to care for any ty balls, and he suc: ceeded then in making a very handsome © . Ac: Donald is entitied to credit tor a bound catch after a jong hard run, ana Eggler for an addiioual weli judged flycaten. The score of the game is as follows:— ail of Brooklyn. San Franck > papers please copy. e.—On Monday, October 18, at Rev, Dr. c. M. ) FRANK G. SPOONER tO daughter of Werner Gra No cards, i3q., all of Brooklyn, Died. ALLYN.—Suddenty, on Tuesday, October 19, ALLYN, Of this city, arved 40 years, he remains will be taken to Hartiord, Coan., for interment. Avexy.—In Brooklyn, on Monday morning, Octo- ber 18, JAMES, él son of Joho W. aud Sarab t ives aud trends of te family are re- invited to attend the funeral, at St, Mary’s uue, near Myrtle avenue, Brook- rhursday afternoon, at two o?clock. . %.—On Monday, October 18, of croup, FRED- ERICK EpMOND, Ooly 60n of Taomas and Mary MUTUALS. ATLAN TICS, layers, ORL 218.7. | Baker. Hatueld, 3d b...... 8 2 3 0 0 0] "The friends are respectfully invited to attend the Ae Mulla Tat be 4206 + 4] tuneral, tnis (Wednesday) aiternoon, at balf-past Mis, c 235 1 7 1 | onejo’ciock, from 165 Madison street. Swa fb g293 2 Ta BRACKEN.—On Monday, Ociober 18, ALBERT, Egeler, 2211 1 1 3] beloved child of James A. and Catharine Brackeo, Godne; tu4as 0 0 0} aged 1 year, 7 months and 5 days. Carleton, Bo13 vogo "The fends of the family are respectfully invited Wokters, p a0rt 9 2 37 to attead the funeral, this (hecheatag See Bis g r at two o'clock, from the residence of his bereaved ment: get es S10} jarents, No, 3u3 East Bleventn street, near Second Clas. 21, td, 4th. Gth. Cth, Tir, Bth, avenue. Mu me Wek et lhe Pa a a ee OoRNEIL.—On Tuesday, October 19, of a short and 0 0 0 C, Mills, 1; EB; tal Mutual, §, 1 severe iliuess, W. H. CORNELL, aged 68 years, 4 months and 11 days, ‘fhe relatives and friends of the family are respect- fully mvtied to attend the funeral, this TWednesday) Le Carleton, 2; Wolters, Thapman, t 1; McDonald, 2 First base on error . Mills, 15 < 7 Swandell, pier, ; Carleton, 1; Wolt ptal Mutual, | afternoon, at three o'clock, irom is late reskieace, 10, Pearve, 1; Chapman, t—total Atlantic, . 212 Kast Twenty-tifth street. lbereone yarer prey 4s B Mulln, 3 Fianiy, 1 C; Mills |“ Cowax.—On ‘Tuesday, October 19, Emiuy E. jer, 2; Gedney, al Mutual, earce, Ly Start,1s | gow “ 4 Chapman, ‘guson, 1; Zetleia, 1 i_totat Atlan. | COWAN, eldest daughter of Amer and Anna M Cowan, of consuinpton. The relatives and triends of the family are respect- fully invitea to attend the funeral) services, at ber late residence, 262 Henry street, on Thursday even- tic, 6. ‘Foul bound catches—C. Milis,4; Start,1; Ferguson, 1; MeDonald, 1. Bane play Patfout by B. Mil asniated by Carleton, Hatheld, 2; Flauly, 1; by Start, hie, 6—total Aila: ing, at seven orclock. Poh Oak ei tetiein, 25 Ferg Cvsack.—On, Cuesday, October 19, PaTRicK Cu- SACK, aged 33 years and 7 months. The reiataves and friends of the family are respect- fully invi to atiend tae funeral, on Tanursday af- ternoon, at baif-past one o'clock, from lis late resi- dence, 55 First avenue, EpWARDS.—Un Sunday, October 1%, Epwakps, in the 59th year of his age. Notice of che (uneral in to-morrow’s paper. Total fidlding errors—Mutual, 9; Atlantic, 17. Double playe—By Pearce, Ike and Sturt, Scorers—Messra. John Wildey aud John Delaney, Umpire—Mr. Martin, of the Kekford Clit. ‘Time of gamio—One hour and fifty ininutes. Base Ball Notes. To-day, should the weather permit, the Eiapires ‘and Unions, of Morrisania, will play at the Hiysian Fields, Hoboken. * THE NEW Fis MARKET, CHARLES the brain, Joun M, EMMET, aged 60 years, 6 months and 18 days. Funerai services will be beld at his late residence, No. 10 Bixtb avenue, New York, on Thursday even- ing, at eight o’clock. ILLIS.—On Monday, October 18, THERSS A, young- est daughter of Thomas and Jane Gillis, aged 5 years, 3 months and 2 days. The relatives and frieuds of the family are ct. fully invited vo attend the faneral. thts (Wednesday) afternoon, ut hall-past one o'clock, from the resi- dence of her parents, corner of Eiguty-ti{th street and First avenue. GLIppEN.—in Brooklyn, on Saturday, October 16, suddenly, Of paralysis, SAMUEL G. GLIDDREN, aged 53 years. Fuperal from his late residence, 354 Cariton ave- nue, this (Wednesday) Cg &t one o’vlock, Friends of family invited to attend, Goss.—On Tuesday, October 19, MARY ANN, young- est daughter of Michael and Mary Goss, aged 1 year and $ months, ‘The friends and reiatives of the family are re- quested to atiend the faneral, from her late resi- dence, 357 First avenue, this (Wednesday) atvernoon, at two o'clock, without further notice, Jupson.—On Tuesday, October 19, Amos JuDBON, in the 84th year of bis age. ‘fhe relatives and friends of the family are invited ‘to atiend the funeral, on Thursday alternvon, at two o'clock, from lus late residence, 219 /’owers street, Brooklyn, E. D. KRLLY.—On Monday, October 18, of consuinption, MICHAEL KELLY, Son of the late John Kelly, of the parish of Dromore, county Tyrone, irciaud, aged 33 years, ‘The relatives and friends and those ot his brothers, Patrick and Joseph, also the members of the bene- ficial society attached to St, Peter and Paul’s church, are respectfully invited to attend the funeral, this (Wednesday) woruing, at nine o'clock, from the resi- dence of his mother, 82 North se , Brook- lyn, &. D., thence to the Chur Peter and Paul, where a requiem mass will be celebrated, thence to Calvery Cemetery at one o'clock for inter- ment. LaNcey.—On Lancey, ages The relative the funeral Hicks stree Description of the Building—Preparation for the Business Opening. The new building erected at Fulton ferry for a fish market is nearly competed, ana will be opened for business on Monday next. The structure is erected upon the site of the old fish market, which so long remained a nuisance and reproach to New York, and forms a handsome ornament to that portion of the city. The building is 193 feet long by sixty feet wide and two stories high, The roof is sur- meunted by three cupolas, each supporting a flagstaff, and the front has three gables, giving to the building a very pleasing effect. There are eighteen entrances, each having a solid door with a large window above it. A Jarge globular lamp is suspended over each entrance, and these, with the ordinary street lamps, will render the thoroughfare ta front of the building at night almost as light as day, The interior ts spacious, light and airy, and excel- lently arranged for the purposes of a market. Each stand has ap oak table and @ counting ofice seven feet by nine, from which a staircase leads up »to a private office and storeroom. Each of the two latter are divided by partitions from its neigubors, go that each deaiar has an establishment of lus own within the building which he can close as securely as any store. Chaine ure suspended from the ceiling to support the scaies in front uf each stand, and in the front of the buiding tron ladders communicate with the storerooms. The walis are painted a drab color and the ceiling light bine: Numerous windows admit light and the fresh river broese, and 144 gas jets ilumimate he market at night. Tu the centre of the building, on the upper floor, are a general meeung room and an apartment for the directors, The former is to have an olled and waxed floor, oak furniture and two large black wal- nut bookcases. The directors’ room will have Diack Walnut furaiture, Both apartments are handsomely fonday, October 18, Captain Joun years, 6 months and and friends are reque © two o’clock, ou Thursday, from siz Brooklyn. painted, and when completed will be very rant. Maine papers please copy. The structure 18 built on 287 piles, imany of whicn MAHER.—Ou Tuesday, October 19, WiiLIAM J. are sunk to the depth of sixty feet: and it is esti- | yraunn, the beloved son of Wiliam ana Catharine mated by the engineer that each forty square tect will sustain a weight of 700 tons. The cost of the building is $120,000. This market ts erected by the Fulton Market Pish- mongers’ Association, incorporated during the pres- ent year, and is devoted exclusively to wooinsale business, supplying ail the retail dealers of New York and adjacent cities aud furnisuing large quantities of fish to distant cities. Two hundred and fifty vessels are employed in the fisheries of this market, and there are frequently discharging at the same tine from fifteen to twenty vesvels, each baying from 15,000 to 26,000 pounds of fish on board. ‘The fishing junds extend from Cape May to Cape Sable, Lobsters are caught from Cape Cod to the northern coust of Maine. The green turtles displayed jor sale in the market are not taken by vessels specially fitted out for the business, but are brought to New York on fruit vessels from the West India islands and Florida, The following are the board of directors of the association:—Gubert Comst Charles Miller, 8. , T. R. Crocker, G. 3. Lamphear, B. W. West, H. U. Rogers, J. Wooley and H. Bogart. jegant entertainment was fiven on Monday night, in the market, by the association, as a formal opening of tbe institution. = the prominent gentiomen, present were Rev. H. W. Beecher, Rev. yatt Smith, Rev. Mr. Hammond, Rev. Mr. Gal- lagher, General Storms, Colone! Thomas Devoe and many Officials of the city government, cent supper was provided, and danctug wa: until a late hour. As before stated, the regular business of the fish market will be opened next Monday, when the old barges and sheds next the ferry house, which are now used af @ market, will be all cleared away. ‘The removal of these unsightly wrecks and we pew order of things to be established by the association will produce a much needed and permanent im- provement in that quarter, and, it is to be hoped, be tnitaarory to simular reforms in the old Fulton arket. Maher, aged 2 months. The friends aud reiatives are respectfutly invited to attend the funerai, this (Wednesday) aiteracon, at hall-past one o'clock, from his late residence, No. 45 Prince street. Min a ‘Tnesday, M October 19, WILLIAM G. ¢ funeral will take place from his late residence, 126 Tillary street, on Thursday afternoon, at two o'clock. The triends of the family are respectfully invited to aviend. o Morr.—At Washington Square, L, 1., on Monday, — is, ELiZabera Moti, widow of Wiiltam Mott. Funeral from ber late reatdence, on Friday morn- ing, a eleven o'clock. Relatives and friends are respectfully mvited to attend. Carriages will be in waiting at the depot, Hempstead, on tie arrival of the 8:39 moruing train from Huater’s Pot. MULnY.—On Monday, October 13, Tomas MULRY, natfve of Athlone, Ireland, aged 65 years. Relatives and friends of tue family are invited to attend the funeral, from his late residence, 13 Mott Street, this (Wednesday) afternoon, at one o'clock. Peanson.—in Brooklyn, on Tuesday, October 19, JaNk Sarina, wife of James F. Pearson, aged 34 years. Notice of funeral hereafter, PHELPs.—On Sunday, October 17, Dr. James L, PHELPS, in the 80th year of his age. The funerat will take place froin his late residence, Franklin avenue, corner of Fulton avenue, Brook- lyn, this +h net afternoon, at four o’clock. The friends of the family are respectfully inviced to at- tend without further notice. PHILLirs.—At Sag Harbor, on Sanday, October 17, Louis Ontase, son - W. H. H. and J. F. Phillips, aged 6 months aud 12 days, The relatives and friends of the family are fatly invited to attend the funeral, irom the resi- dence of bts uncle, N. B. Hooper, No. 101, Ryerson street, Brooklyn, this (Wednesday) afternoon, at two o'clock. RoneEetTs.—Eviza JANE, daughter of William and Jane Graham, deceased, aged 42 years. Relatives and friends are respectfully invited to attend the funeral, this (Wednesday) afternoon, at one o'clock, froim 264 Monroe street, Saunpers.—On Friday, October 15, Joan Saun- pers, aged 45 years. ‘The rematns will be taken to Tarrytown Cemetery for interment. Sarri.—On Monday, October 18, JOHANNA SMITH, pity of William Smith, aged 49 years, 10 months and jays. The relatives and friends of the family are re- spectfully invited to attend the funeral, from her late residence, Van Brunt street, between Drkeman and Partition streeta, Brooklyn, this (Wednesday) after- noon, at three o’cloc! lay, October 18, suddenly, Mond: AM A. SULLIVAN, 27 years, THE DISASTROUS CONFLAGRATION AT BUFFALO. ‘Phe Car Shop of the Lake Shore Road Deo stroyed—Honvy Lose-150 Men Thrown Out of Employment, ‘The Huifalo Courier of October 18 gives the follow- ing particulars of the burning of the car shop of the Lake Shore Rallroad im that city just Sunday morning:— The building, with its cars, machinery, carpen- ters’ tools, &c., Was entirely destroyed, and only the blackened, broken walis remain to mark the place whore for years there has been so much activity. There were in the shop at the time of its destruc- tion two cabooses, one first class passenger car, eee $6,000 ane $7,000; eight freight cars @ baggage car, all new. The tools of some The relatives and friends, and of his brother forty or fifty carpenters were also in the shop, and, | Daniel and Jonn, are respectful ited to tend fnasfauch be they were "probably ot fmured will | the funeral, this mY ate Wednead: afternoon, at two ee from the residence oF his inven, 45 Marion Emmet.—On Monday, October 18, of congestion of ~