The New York Herald Newspaper, March 26, 1871, Page 10

10 THE COURTS. Petitions and Discharges in Bankrup‘cy—The Erie Railway Litigation—The Hogan ‘Will Case—The Burrows Di- vorcee Suit—Decisions. UNITED STATES SUPREME COURT. The New Albany aud Sandusky City Rail- rord—Pre-emption Pitles to Public Land: WASHINGTON, Merch 25, 1871. INO. 115. The Clty of New Albany vs. J. P. Putnam etal.—Appeal from the District Court for the Dis- trict of Indiana.—This bull was filea by Putnam and others against the New Albany and Sandusky City Junction Rauroad Company, the city of New Albany and others, to reach the unpaid stock of the railroad corporation and apply the money collected upon the judgment debts of the railroad company, which can- not be made by execution. It was alleged that the city of New Albany is indebted to the railroad in the suin of $193,000 on bonds issued to ald Im its con- struction, and in the sum of $200,000 upon subscriptions payable m bonds not issued, and that as then due on the bonds Assued and to be issued $70,000 in interest. It was @iso set forth that the city pretended to have com- promised with tie road and to have been released on the bonds Issued and from its further subserip- ‘on. This arrangement, if made, was charged io be fraudwent and void, not only because of the fraud, but because of want of power on the part of the oMcers of both the city and the road to make Buch a compromise, The defence was that the issue of the bonds was irregular, and that there was ho notification of the subscription in consequence of non-conformity with the act of the Legislature aus therizing it. On the trial it was objected that ordi nance of this Common Council of the city was not evidence tending to show a legal ratification of the Buvscription, and the court overruled the objection, Aud the decree was for the complainant. The ap- peal is based on alleged error in this ruling and in the decision. No. 117. Alexander A, Baker vs, William S. 7. Morton.—Appeal from the Circuit Court for the Dis+ triet of Nepraska.—This was a proceeding in equity to recover landsclaimed to have been conveyed by Baker,under @uress to one Pierce, against whicn Morton holds a judgment lien. Baker alleged that he settled upon lands near Omaha, but was com- iled to surrender his title, without consideration 'y deed to Pierce, by threat of violence, made by an armed body of men known as the “Omaha Claim Club,” Which, in the early settlement of the Terri- tory. coutrolled the disposition o tne public lands, im defiance of the laws of the United States, The prayer was that Pierce be decreed to re-convey the title to Baker, aud that the deed of the latter to the former be declared inoperative. Upon the trial the bill was dismissed, and the case comes here for Teview Of the facts. wm No. 118. J. M. Johnson et al, vs. John W. Tows- vey—Error to the Supreme Court of Nebraska.—This bill was fied by Towsley to compel Johnson, the patentee, and his grantees, the other defendants, to surrender to him their title to lands lying near the city of Omaha, on the ground that he had a valid pre-emption to the land at the time it was entered by Johnson, The bill alleged Towsley tenderea to the Register of the Public Lands his statement of Qu Intention to pre-eimpt, Dut the Register refused to ile it, upon the ground that one Bennett had already e-empted It, and that Bennett's pre-emption was Nerwards declared illegal by the Secretary of the Interior; that Johnson’s statement was subse- quently filea and his claim wrongtully allowed by the Interior Department. The judgment was for the complainant, and Johnson seeks to have it reversed, on ihe ground that the proofs failed to establish the corrupt influences in his favor alleged to have been UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Voluntary Petitions. Voluntary petitions in bankruptcy have been filed Re past week by Samuel Perry and Caarles 8, Adjudications in Involuntary Cases. ‘The Gaylord Patent Coupling aad Manufacturing Company, Charles H. Rundle, Willard C, Black and Eli H. Chase. there Discharges. Discharges were granted to Stephen H. Petrie, John H. McKee, Charies M. Carpenter and George B. Petrie. SUPREME COURT—CHAMBERS. The Erie Litigation. Before Judge Cardozo, Heath vs. Erie Railway Company.—This case was bo have been argued yesterday, in pursuance of the adjournment a week ago. The subject matter 1s the @isposition to be made of the 60,000 shares of Erie lway stock placed by order of the Court in the ds of the plaintiiT as receiver. As @ previous order made by the Unitea States Court has not yet been disposed of a further adjournment took place till next Thursday. Decisions. Banford vs. Livingsion.—Motion granted on pay- ment of $10 costs, Before Judge Sutherland, Connor vs. Connor.—Order settled. SUPREME COURT—CIRCUIT. Argument for a New Trial in the Hogan Will Case. Betore Judge Sutherland. Sarah C. Hatch vs. Clara M. Peugnet et al.—The argument of the motion for a new trial upon the Judge’s minutes came up yesterday morning. The Judge stated, previous to the opening, that his mind Was pretty clear as to his want of power to entertain or grant this motion at this time, and suggested that the proper way to raise the question would be by preparing case and exceptions and making thereon & motion for a new trial, Still he was willing to hear what counsel for the defendants had to urge in supporting their theory as to his jurisdiction in en- tertaining the motion. He added that he had come to the conclusion stated after conference with his associate judges. Counsel for the defendents availed themselves of the oppor- tunity offered them to argue their side of the case gud did so at considerable length. It was insisted that the Court had jurisdiction to entertain the motion, ald in favor ol the motion it was urged that in reference to Dr, Peuguet influencing Mrs. Hogan in making her will and in the executtton of the deeds disposing of her property, the verdict of tue jury had not so much as suspicion, much less, proof to rest upon; that he married his wife at the time he did under the advice of Mr. Thebona, who very emphati- cally stated, when om the stand, that he thought, owing to Mr. Hatch’s relations to the Hogan family, they needed @ protector; that at the reading of the will and testamentary letter at the convent both Mr. and Mrs. Hatch fully and freely exonerated Dr. Péugnet from all connection whatever with the disposition made by Mrs. Hogan of her property; that Dr. Peugnet induced Mrs, Hogan (as she her- Belf stated) to destroy the will of April, 1812, giving Clara ali Ler property, as unjust, which, according to the Judge's statement, 1s a circumstance in his favor as to the will; that a person under our law is at full liberty vo dispose of his or her estate to such person as he or she sees fit; that the burden of es- {ablishing Undue influence rested upon the party by Whom it was alleged; tbat this undue influence cannot be presumed, but must be proved to have been exercised, aud exercised in relation to the ‘will itself, and not merely other transactions; that even though the jury may not or do not perceive ‘Why the testatrix was induced to discrimmate in her wil so upfavorably against her daughter sarah, that fact alone 1s not sufiicient to establish that her will was not her free and voluntary act; that whether Mrs. Hatch is a wronged or injured woman depends upon the standpoint from which she is viewed, and that Mrs. Hatch’s memory was not alto- gether perfect, as shown, particularly as regards the verbal agreement for the purpose Of enabling the children to enjey the stock as against the creditors of their father, and that their mother should ciaim he whole stock a8 against the creditors; but as be- tween her and the children she sMould give them all up after the payment of debts and this 2,000, it was urged, in conclusion, that the most atrocious macter of this: motion was that showd the present findings be adopted as the basis of the ultimate judgment of the court Mrs. Hatch would get a third of the interest Mrs. Peugnet voluntarily surrendered to ner mother in the Madison avenue, Macdougal street and Clinton place property. Iv ‘was urged, in con- olusion, that the effort to destroy this will and deed by linking Nellie with Mrs. Hatch was too transpa- rent, as Nellie needed 10 pecuniary remembrance from her mother. the religious sphere to which she Had devoted berse:f not requiring it. It was further urged that evident bias of the jury, either against the defendants or against wilis and deeds in une ab- stract, and that certain erroneous rulings of the Judge, to which excepuons were duly taken, were suflicient grounds for granting a new trial. in the absence of Judge Pierrepont, senior coungel for the plaintig, it was finally arranged that points in @aswer might be submitted within three days, SUPERIOR COURT—SPECIAL TERM. Another Chapter in the Burrows Divorce Suit. Before Judge Jones, Jane N, Burrows vs. Thomas Burrows.—The par- iculare of this case have been fully published in the HERALD. The plaintiff, it will be remembered, is now about sixty years of age and ten years older ‘than her busband, and they have no children, On her return, in the fall of 1869, from a six months’ travelling tour in Europe, with an adopted daughtcr, she claims to have learned of cer- tain alleged mariwl uregnlarities on une part of NEW YORK HERALD, SUNDAY, MARCH 26, 1871.—QUADRUPLE SHEET fér husband, and instituted proceedings for a at- pa itis Cy Rat her part —_ om ni eir marr @ here poor—they Were married in Ireland—he, from an buinble stone mason, became a master builder aud worth $250,000. He denies the alle; marital irreguiariues and ciphers his property down to $112,000 and his income from it only a trife over $5,000, The matter came Up again yesterday, and some additional amc avits Were submnitted bearing both upon the merits of the case and the motion for alimony, These afidavits embwilied no new tacts of msrital interest. At the conelusion of reading the aMidavits and argument by the opposing counsel the Judge followed the ‘usnal course, taking the papers and reserving his decision, Still Fighting It Out on the Same Line. Be‘ore Judge Barbour, Jane F, Halstead vs, David: Halstead,—This is the Well known action brougut by the plaintiff to obtain additional alimony from her husband, the two hav- ing been divorced twenty-five years ago. When the divorce was first granted the defendant, then being in a comparatively impecuntous condition, was or- dered to pay the plaintiff only fifty dollars a year. Recently the Judge ordered this amount to be in- creased to $500 a year. Its alleged that the latter order Was given upon erroneous allegations in the papers of the plainuif as to her present resources and indebtedness, and thereupon & motion was. made for reargument of the case, Which motion was argued yesterday and additional affidavits submit- ted, The Court reserved its decision. Decisions. By Juage Jones, Anne M. De Costa vs, August Hynaud.—Reterence ordered. John Kerrigan vs. John Kline.—Order granted. James Kennedy vs. John B, Kennedy.—Same. Marshall C. Roberts vs, William F. Canfield.— Same. Jane Lewts vs, Archibald Roger.—Same. George Gusel vs. Christian Schmid,—Same. Frank Govanon vs. Le Grand Lockwood,—Same. Edward Cooledge vs. Christopher Hart.— Same, COURT OF SPECIAL SESSIONS. Nelly That Didn’t Know Her Mother—Mrs. Barry’s Oysters and Pepper Box—Tale of Two Shaws—Saffron Tinted Kaouckles on Coffee Colored Eyes—Let Us Have Peace, Mrs. Murphy. Before Judges Dowling and Shandley, The spring weather, with its bright sunshine, gave cheerful aspect to the Court of Special Sessions yesterday. This was evidenced by a readiness on the part of the audience to laugh at anything in the semblance of a joke which Justice on the bench, evidence inthe chair or alleged criminality at the bar ventured to indulge in. Tins practice of jocu- larity at times presents @ certain ghastliness. Yes- terday it fitted the general spirit so well that even the convicted frequently indulged in merriment which was sadly at thelr own expense. Judges Dowling and Shandley presided, A great many un- japerans, cases were hopped over with a sprmgtide alacrity. Catharine Schnelder, elderly and “genteel,” and Nelly White, young ‘aud “geuteel’? also, were charged with STEALING A PIECE OF SILK from the store of the well-known dry goods retail- ers, McCreery & Co. The superintendent of the firm prosecuted. He saw the more elderly of the prisoners abstract and conceal the articie. The case looked grave for the old lady, who pleaded gulity, and ppricmen egee repared to wash her hands of the business by testifying on her ewa behalf as follows:—She only spoke to the other woman for a few moments in the shop and didn’t know her. THAT MEMORY AGAIN. Judge Dowling—I have seen you before. Wasn't it on a simuar charge t Nelly (weakening)—‘'Yes, sir.’ ‘How often were you here ?” ‘Three times.”? fell me, now, 1s not that Woman atthe bar your mother ?* (Very weakly)—“Yes, sir.” “Weil, Neliy, the Court finds you guilty. It isa cu- rious thing to See a giri that swears she don’t know her mother. You will retire to the Penitenuary for SLX Months, and your mother will follow your ex- celleat example for five.” A respectable looking young man, Henry Water- man, was Ree oe with stealing a piece of haircloth worth twenty dollars. He admitied his guilt. He had been out of work all the winter and was very badly off, when he forgot his duty to society, which was letting him starve. The property was recovered. His mother, # respectable woman, in great grief about her son, declared that her boy had never before been arrested. The Judge asked the prisoner IF HE WAS WILLING TO WORK. ‘The Fapentane youth was willing to work at any- thing. The Judge gave him a note to procure em- ployment, and told him to go his way and sin no more, Cornelius Fall was guilty of making A RAID ON AN OYSTER STAND, Kept by Mrs. Honora Barry. “That by, yer Honor, an’ @ crowd of villyans bruck in on my shtand and tuck my ’ysters an’ my pepper box, aa’ thin run to eschape, an’ I hollering Inurdner at the topo’ my vice, I’m alone woman 1n that pepper box.’? Six months Penitentiary. James Shaw was charged by James Shaw with studying ANATOMY ON THE BASE OF THE SKULL with ashovel. Tne skull in question was carefully protected from the fresh air by @ mountain of wrap- pings, giving James Shaw, secundus, the appear- ance of a bolster in human apparel. The pariies were cousins. An old feud existed between them, James Soaw in the witness box had repeatediy and persistently “laid for’? James Shaw at the bar, who had, on an available opportunity, ‘‘laid out’ his cousin with the delving instrument, Ten doilars to the county was the sajve applied. The beneficiaries of the colored amendment to the constitution were present in force. Coffee-colored Aun Johnson exhibited a barely discernible but pro- nounced black eye, which she received from the SAFFRON-TINTED KNUCKLES of William Tunsell, who, in addition, offered to cut her throat with a razor. Three months. Sylvester White, who was one-fourth black, was unwillingly prosecuted by Nathaniel Alford, a most peculiarly miscegenated specimen. Maryland was his birthplace; but whether from the Ma- layan Archipelago, the noble red man, the African or the Caucasian, or to what mixture of these he owed his brass-colored skin, elongated cranium and long, black hair, kinked at the end, was not in evidence. ‘The part of nis optics normally white was su(fused with a bright red; a pair of genuine white man’s black eyes gave the finishing touch to his extraordinary presence. White was accused of the reddening and blacken- ing. “He come for me, yah! yah! an’ bust me in bofe de eyes.” “Yer honor, dat man frew a lump of coal at my head, and I want v ask dat man what he wanted to do to me if he got me down.” (To Alford.) I want know did you say “I'll kill you, you son of a —?” soodge, I know beffer dan say de rest.’ “Well, yes, Idid. Yan! yah!” “Diden I gif you ten dollahs to call it square?” “Yah! Yan” ‘ The Court decided that the prisoner had bought and talked himself out of the scrape and requested him to regain his constitutional freedom. Stull another dusk-s! (bearing the classic name of John Smith) was accused of assault. Bridget Murphy, with a black and bandaged eye, complained. John denied the aspersion. A white witness was called on his be- half, This gentleman was sitting on a fence when the encounter took place, and supported Smith in his statement that Bridget was the assailant, going for John with a club, The latter parried the blow and exclaimed, “For God’s sake, let us have peace, Mrs. Murphy.” The lady had immediately previous been engaged in a row with her husband and came to vent her spleen on the devoted Smith’s head. The Judge commended the man on the fence, and let Smith out to spread che President’s motto, BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. The Carr’s Rock Disnster—Heavy Verdict Against the Erie Railroad Company. Before Judge Gilbert. In February, 1869, Mr. Camden ©. Dyke brought suit against the Erie Railroad Company to recover $50,000 for injuries sustained at the Carr’s Rock dis- aster in April, 1863, The jury gave him a verdict of $35,000 against the company, who carried the case to the General Term, and being defeated there, to the Court of Appeals, which latter tribunal has alirmed the judgment. Yesterday Mr. Ward, counsel for plaintiff, upon application to Judge Gilbert, obtained an order making the judgment of tne Court of Appeals the judgment of this court. This 1s, probably, the largest verdict ever recovered for @ similar cause of action, The Evergreen Cemetery Litigatton. An apptication was made yesterday, on behalf of William H. Butler, for an order requiring William E. Andrinesse, the receiver, to render an account ofall his official transactions since his appointment. The petition alleges tnat Andrinesse is in collusion with interested parties to the detriment of the cotpora- Uen; that he wastes their money; that he is incom- petent, and asks fipaliy that he displacea and @ competent man appointed to succeed him. Mr. Andariesse denies the charges in toto, and claims that the cemetery grounds have not suffered by neglect or depreciated in value in consequence thereof since he has been receiver, Decision re- served, SUPREME COURT—CIRCUIT. The Fall of the Old Hamilton Avenue Mar- ket—One Handred and Fifty Dollars for the Loss of a Daughter. Before Judge Gilbert. Edward Mullen, Admintstrator, é@c,, vs, Samuet B. Sh Jar gng Oihers.—The planus sued to cover $5,000 for the death of his daughter, Isabella, aged nearly ten years, who was Killed on the 26th of June last by the fall of the Hamilton avenue Market. ‘The case was reported in the HERALD of yesterday. It was claimed by the defendants, owners of the building, that the girl was an intruder upon their premises, and they, therefore, set up contributive negligence. The jury rendered a verdict in favor of plaintiff and asseased the damages at $150. COURT CF OYER AND TERMINER. Sylvi Maillard Convicted of Manslaughter in the Third Degree. Before Judge Tappen and Associate Justices, The second trial of Sylvi Maillard for the murder of George Wilson near the Grand street ferry, East- ern District, on the morning of the 8th of January last, resulted yesterday afternoon in a conviction for Manslaughter 10 the third degree. The circum: stances have already been fully published in the HERALD. On the first tria', it wiil be remembered, the jury were unavle to agree upon a verdict. Mail- Jard will probably be sentenced on Monday. COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Robinson. Herrick vs. Reid.—Order denied. No evidence suf- ficient to convict deponents of fraud. Crofut vs, Jacobs.—The affidavits furnish no evi- dence upon which the defendants should be ogn- victed of fraud in contracting the debt on plaintif. Ceciha Codwise vs, Hewlett C. Codwise.—Dnvorce granted to plaimtim, SURROGATE’S COURT. Wills Admitted—Letters of Administration, &c. Before Surrogate Veeder. Surrogate Veeder during the past week admitted Wo probate the wills of Leonard Marsh, of Burling- ton, Vt.; Mary J. Thomas, of New Utrecht; Anna Pauline Williams, of Stonington, Conn., and Wil- liam Jeffers, Peter Habenthal and Robert B, Worden, of the city of Brooklyn. Letters of administration were granted on the estates of Ditmus Duryea (Flatbush), and Margaret Mcvonald, John P, Counor, James Brown, Ann Knowles, Lucius 8. Wood, Wilham H. Burleigh, John Killeen and Catharine Plant, all of Brooklyn. Letters of guardianship of the person and estate of Alice B, Redwood were granted to Grace N. Red- Wood, her mother; of Lena Maybury and Charles A. Maybury to Margaret Mayoury; of Isabella B. Whit- ney to Thomas E. Whitney; of Willlam A. Dorsey to Mary Aun Hodgson; of Jacob N. Brady to Aun Louisa Nash, all of Brooklyn. THE ERIE RAILWAY LITIGATION. THE ENGLISH STOCKHOLDERS. | Jay Gould Puts in an Appesrance—The Receiver- ship of Messrs, Coleman and Robinson. Tae case of James Fisk, Jr. and the Erie Rail- way Company vs. Heath and Raphael came up again in the United States Circuit Court yesterday, before Judge Blatchford. Mr. Evarts and Mr. Southmayd appeared for the English shareholders, Heath and Raphael; Mr. T. ©. Buckley and Mr. Clarence Seward for Mr. J.B. | Coleman, the receiver appointed in the State Court, of the 60,000 shares of Erie stock claimed by the English shareholders, and Mr. A. J. Vanderpoel for Mr. Robinson, who has also been appointed re- ceiver of the stock in question, and who has pre- sented @ petition to the United States Circuit Court asking instructions trom Judge Blatchford, as Mr. Coleman has done, Judge Blatchford, addressing the counsel engaged in the case, said that an order obtained from him was returaabie to-day. He had granted another order, and ordered papers to be filed on another petition, at Mr. Fullerton’s suggestion, He said he was obliged to go away to Virginta last night, and, therefore, he (Judge Blatchford) thought it better that this matter should stand over ull next Satur- day, when he would hear all the motions together. Mr. Buckley said it was his desire that this should be done. Mr. Evarts said:—The matter upon Mr. Coleman’s Petition was before Judge Cardozo this morning. It Was mentioned to him by Mr. Seward, and Judge Cardozo desired that the case should stand over until Thursday next to awalthis Honor (Judge Blatch- ford’s) decision. Mr. Vanderpoel represented Mr. Robinson, the recetver, on an order returnable this morning made in the matter of Coleman in the suit of Fisk and the others who were joined in what was called the Yellow-Covered suit. Mr. Swan was the only defendant whose oame was transferred here, showing the time and date of the transfer, which would bring the case into this court on the first day of next term. The affidavit of Mr. Swan stated, what was not to be disputed, that he has no interest of any kind whatever in the stock, and it was not alleged he had any interest in it. He ‘was made a party defendant, being here; but it ap- peared he had applied to the Court for the removal, because he had been served with the papers, He was an Englishman, and wished to have his case disposed of in this court, He (Mr. Evarts) did not care to have any discussion upon the matter to-day, and would consent to its going over to Saturday next. Judge Blatchford—{ understood something was Intended to be done which would not render it neces- sary for me to aecide the matter. Mr. Evarts—Something may be done so that no conflict may arise between the State court and this court. The State court has no disposition to pro- ceed with the case except subject to your Honor's decision. But we do not present any subject that is left in the State court. Judge Blatchford—I put the case over to this day See that something might be done to prevent Mr. Evarts—The rights of these parties must be ascertained, unless Mr. Coleman gives back the stock. Mr. Backley—The reason why the matter was not disposed of in the State court was from circum- stances entirely beyond the control of the parties. It was intended and believed that such action would be taken in the State court on Thursday as would lace the action of both courts in entire harmony. apprehend that the action of the State court will be such as to place your Honor in a position to make an order on Mr. Coleman’s receivership as will relieve Mr. Coleman and also relieve Mr. Robin- son, who has petitioned the Court for instructions. Judge Biatchford—The only instructions I can ive Mr. Coleman are those contained in the order I ave already made. There was something about ia Leman bond, Ihave not got a copy of that ond, Mr. Buckley—1 was told that a copy of the bond ‘Was sent to your Honor on Tuesday last. Judge Blatchford—I never received it, Mr. Buckley—Then my information is net correct. Judge Blatchford—I do not know what itis | am to aecide, Mr. Coleman asks for instructions. I have given him instructions already on the only int on which I could instruct him in the order I ave issued. He thinks that he might get into trouble about the bond he has given, Mr. Evarts remarked that as Mr. Buckley sug- gested it might be that the whole control ‘would be iia Temoved to or considered to be with this court by the Suite court, he might ask if there were any other instructions to Mr. Coleman other than what appeared on his Honor’s order. Judge Blatchford—I am disposed to modify the order 80 as to let the reierence proceed before Mr. Waite, the Master, and let both motions go on. Mr. White can go on with the reference on Monday. Mr. Buckley—If the reference 1s to go on under the direction of the Court I should like it to be fixed for Tuesday, a8 on Monday I shall be engaged in another court. Judge Blatchford—That is a matter which the Master will regulate. Mr. Buckley—As to that bond, I shall see that your Honor gets a copy of it, The petition of Mr. Robinson, the receiver. was then adjourned till Saturaay. Judge Blatchford. seems to me that all this 1s for delay—applications and motions of al) kinda, Mr. Buckley—That is @ matter with wuich Mr. Coleman has nothing to do. Mr. Evarts—We want to get back the stock to which we are entiticd. We must not lose signt of the fact that the owners of this stock nave had it taken away from them and want it restored. In reply to Mr. Buckley Judge Blatchford said he could not decide the case until he got @ copy of Mr. Coleman’s bond. The further hearing of the case was then ad- Journed. Jay Gould's Petition. In the matter of the Petitton of James H. Coleman, Receiver, James Fisk, Jr., and Others vs. John Swan, Impleaded.—Jay Gould has filed a petition in the United States Circuit Court in which he states that he was a defendant in the suit in the Supreme Court of the city of New York in which James H. Coleman was appointed receiver of certain shares of stock; that he was a party defendant in the above entitled suit; this suit, he believes, 18 brought with reference,to precisely the same stock as that in question in the State court, in which Coleman was appointed receiver; and he be- lieves there were other defendants in the law suit "besides Awan who had beeo duly served, afer tu formation, in London, of the Erle Shareholders’ Pro- tection Committee, and after the transfer to it as well of the stock mentioned as of large quantities of otner stock of the Erie Railway Company, Gould, the petitioner, commenced to pure chase and sell the stock so delivered to the Erie Shareholders’ Protection Committee and received by them having the stamp thereon of Heath and Raphael, and he also commenced to pur- chase and sell quantities of the receipts mentioned in the co mplaint in the first action, These receipts passed current in the market as for the stock pur- porting to be thereby represented, and were the only evidences of title which the holders of the receipts had upon the stock there- by purporting to be represented, Prior tw the commencement of the second of the suits already mentioned Gould and those interested with him had been the owners and holders of the certii- cates and receipts referred to, Issued by the Erie Shareholders’ Provection Committee to the extent, according to Gould’s Lest recollection, of some fifty- nine thousand shares, and they were about the ime of the commencement of the suitin which Coleman was appointed receiver, owners of a large number of shares, as he believes, exceeding twenty-seven thousand in number, represented by the receipts mentioued and the certificates of the committee, Gouid 18 unable to say the exact number of the re- ceipts in question owned by himself and those jointly interested with him at any one particular Ume, because such receipts and certificates were heid in London by his agents there in their actual possession, and others were resting in the usual contracts of sale, He further avers that he was the owner of 8 number of shares, mentioned at the com- Mencement of the suit, m which Coleman was appointed receiver, the same being in possession ot his London agents, or else resting in the proposed contracts of sale, and he now believes, as informed by telegram from London, from his brokers, and from personal knowledge, all that he has tn his custody and possession in the United States is upwards of 10,000 shares of the said stock stamped by Heath and Raphael, and for which he has a receipt to the extent of 18,000 shares, There were other parties to the suit, namely—W. OC. gp eee A. G, Woou, Bernard Clarke, Henry 1, Harrington, John McDonough and others in New York, who are the Gwners and holders of 300 shares and upwards, each owning at least 100 shares, and having the ordimary receipts issued therefor. Gouid’s brokers in London informed him by tele- gan that they were owners of 20,0000 shares and ad receipts for 300 -— and hie believes this Intor- mation to be correct. He says it was his desire, and the desire of those interested with him, that the receipts so issued by the Erie protection committee may be converted into new certificates to be issued by the Erie Railway Company, and that such concession may be directed to be made out of the stock now under the control of the court, and that they may direct such conversion to be made without the expense of transferring from Heath and Raphael and then being sent to London to be retransterred to them by the owners therefor at a shullmg @ share for the purpose of carrying on the litigation, He was advised that he himseif and those interested with him had an equitable right to have the Court direct that the said 60,000 shares be retaived in the court until the title of the petitioner shall have been proved, and, subsequently, that the Court had the power to direct the transfer of a sufficient number of shares to re- spond to and take up the number of shares special- ized in the said several receipts. He therefore prayed that a proper order be given to the present custodians of the stock to retain the same until the Court shall ascertain the extent of the interests of the petitioners in the said stock; that the receiver shall cause thesame to be transferred to him, and the amount of shares found to be his property, asshall be proved by investigation, and that he shall have the right to file a cross bill or to seek other appropriate remedy therein. On this petition Judge Blatchford made the follow- ing order:—Upon the service upon Messrs, Evarts, Southmayd & Choate and Lowe, Clarke & Morgan, attorneys for plaintiffs and defendants, and James H. Coleman and Charles Robinson, or their attorneys, of copies of foregoing peution ana of this order, let the parties herein severally show cause betore this Court at the term to be held at the court room 1n the said city, on the 1st April, 1871, at eleven. o’clock in the forenoon, why the prayer of said Petition should not be granted, why the petitioners should not have such other relief as the Court may see fit, and in the meantime and until the returning day and hearing and decision hereto held let all proceedings touching the stock herein be stayed, A Case in the Sixth District Court—A Couple of Theatrical ‘Dead Beats” Bring a Suit Against Lina Edwin—Interesting Decision by a “Long Lace that Has no Turning.” The humdrum routine of business at the Sixth Judicial District Court, which usually mainly con- sists of cases between landlords and tenants and storekeepers and their customers, was enlivened yesterday by a suit which, though involving no great amount, is of general interest to the entire theatrical profession, The action was brought by a German chorus singer, named Rudolph Laugenbuck, against the management of Lina Edwin’s theatre. Laagenbuck had been engaged in the usual way at a salary of fifteen dollars a week, on @ contract terminable at any time upon a notice of fourteen days, He claimed that this two weeks’ notice had not been given him, and that he was therefore entitled to thirty dollars. He also claimed four doliars and twenty-eight cents for his professional services at two extra matinees—one on ‘the second day of Christmas,” the 26th December, and the other on the Monday which was observed as New Year’s. Another man, Jospeh Kleps, engaged In the same capacity, nad sold him a precisely similar claim, for the same amount, and it was therefore arranged that the two cases should be thrown into one. This species of claim 1s constaniy being brought against managers, who frequently prefer to Ox up a compromise rather than lose the time and money necessarily involved in resisting the imposition, Laugenbuck and Klebs swore positively! that the only notice of the breaking up of Miss Lina Ed- ‘win’s company they bad received was given them by the posting up ‘ot a short announcement on the bulletiu board in the green room three days before their actual dismissal. They admitted that there had been a previous notice, inlorming them that there would be no more rehearsals; but this they did not regard as @ formal notification of dis- barge. ‘The evidence for the defence was A FLAT CONTRADICTION of this statement. Harry Pray, the treasurer, said that according to the usual custom @ notice of the breaking up of the company had been posted im the Treen room at least three or four weeks previous to the discharge. This was corroborated by Mr. George Clarke, the well known actor; Richard Marston, the scene [lot and Thomas O'Neil, the doorkeeper. In addition the salary pook of the theatre was :pro- duced, and the signatures of the plaintiff and Kiebs were found appended to a recelpt in full o! claims of every kind ‘‘up to date.” Juage Lane, in rendering his decision, said that the weight of evinence was decidedly in favor of the defendants, and he thought further that the very fact of the plaintiff and Klebs having signea the receipt in full barred the whole action. The evi- dence for the claimants had been in every way weak, Not only ought the breach of contract to have been proved but it ought alsoto have been shown that the plaintiffs had been, in the language of the Court of Appeals, “ready, willing and able to go on With the contract,” and that they nad suf- fered pecuniary 1oss in consequence of the alleged breach o11t. ide therefore dismissed the complaint, “LUNY?? LEUENBERGER. Arrraigned for Murder—A Plea of “Guilty” is Refused by the Court—Sad Spectacle of a Man Without Friends. Jacob Leuenburger, who, it will be remembered, killed Frederica Meyer by shooting her through the head at Sing Sing on the 14th ultimo, and afterwards put a bullet through his own forehead, was arraigned in the Court of Oyer and Terminer, at While Plains. Westchester county, on Friday. Having been formally called upon to answer to the indictment found against him by the Grand Jury, the prisoner, who presented 3 forlorn and truly pitiable appearance, promptly re- sponded “guiity.7 This plea the Court declined to accept, and endeavored to explain to the prisoner his legal rights in the premises. Leuenbur- ger, however, did not seem to comprehend how the law could afford him any pro- tection, and continued to stare vacantly at the Court, until Judge Barnard suggested that the District Attorney ask the accused if he would not like to have bis trial remam over until the next term of the court, which question on being put to the unfortunate man elicited the simple monosylable, ‘Yes.’ The fact that Leunen- burger was unattended by counsel may be accounted for by the circumstance of his having made a verbal iransfer of all his worldly possessions to his partner after his self-inflicted wound had been pronounced fatal by two or three physicians, Did the prisoner not have made this premature transfer of his property, rae] to, perhaps, $25,000, there {8 little doubt that he would have had more than one jegal adviser to sustain him dur- ing the trying scene in which the unhappy man stood apparently friendless and alone. A DAY ‘OF REJOICING, The Farmers and Pleasure Seckers Cry “Hallelujab.”? For ten years a movement has been on foot in Queens county to abolish toll roads and bridges. ‘The Legisiatare has at last conceded the request, and yesterday there was & general rejoicing. Hence- forety there iti be an uninterrupted drive jrom Thirty-fourth Lest lava j— Seine adores biary sey nde ae tee of traversable Diary saving and @ guaran’ Touds over which to transport their produce to the New York markets, sf “of this city. WOMEN AND HORSES. Their Relative Value in Cuba. Female Righters Sadly Needed in the Ever Faithful. Piquant Letter of Our Correspondent in Havana— He Describes the Ladies’ Cages, Dresses and Manners—Beautiful Toys for Fickle Men, but Not Equals—Amusing Amorous Episodes — Husbands Who Like Their Wives to be Stared At. Havana, March 15, 1871, If the American Jadies who are agitating the question of suffrage for women in the United States Would send a commission to Cuba to investigate the condition of their own sex in thisisland they would perhaps return with new arguments in favor of en- franchisement, but certainly feeling more content with the lot of their countrywomen. When I came here the Morro Castle had among her passengers a few Cuban women who had lived in New York for two years previous, and one of them especially had acquired all the bizarre airs of a caged bird set free. Her name was Julia, and her father is a leading Cuban gentleman All the way out, except when sea sick- ness intervened to prevent it, she busied herself singing such classic airs ay “Captain Jinks,” “Walking Down Broadway” and “Tassels on the Boots,” She sang “Shoo Fly, don’t bodder Me,” of course, perhaps because it was suggestive of her home; but the lines which seemed to give her most Pleasure, and which she sang oftenest, sounded something like these:— Ze Yankee girls, Wir 'eir ‘air in curls, And tassels on ¢ boots, After singing this refrain with much unctien on the last night of the voyage she folv’ed her arms on her breast in a most dramatic fashion and ex- claimed, “We are very merry to-night, but to-mor- row—slaves.”” These words not enly told the whole history of every woman’s life in Cuba, but revealed the profoundest secrets of every Cuban woman’s heart—her discontent with her condition and her longings alter a better and more independent exist- ence. To be well born and a woman is here the hardest of misfortunes, making the most beautiful of theirsex the verlest slaves of men’s caprices, But to be the slaves of mea’s caprices, even the most unreasonable and unrighteous of Spaniards or creoles, 1s endurable compared with the yoke which society puts avout the feminine neck. Inordinate variety and an inordinate desire for flattery are im- Planted in the hearts of Cuban girls from their in- fancy, at the same time that all their surroundings teach them that fathers and brothers and husbands haave no belief in womanly purity and virtue, CUBAN BEAUTIES AT HOME. Cuban ladies never walk, so that it is not to be Wondered at that Sefiorita Julia sang “Walking Down Broadway” with a sigh. Cuban ladies are net permitted to ride out aione, and if no better escort can be found a little nigger 1s thought wise enough to guard them from consequences against which Womaniy modesty is the surest protection and manly faith the best defence. As I ride along the Cerro (the Fifth avenue of Havana) these delight- ful evenings, I see within the splendid residences which line that splendid thoroughfare many beauti- ful women and I have not failed to observe that the youngest and most beautiful are always nearest to the bars. But the bars are inexorable to the beaux as wellas the belles. Glass windows are not needed in the houses of a country where the air in winter is freighted with supernal miluness and in summer laden with tropical heat. The bars which are Placed over every window in the houses of the rich are accordingly necessary to prevent intrusion, and they become the wires to the cages of the im- Drisoned birds. This imprisonment is literal, not fanciful. Only an accepted lover may enter the house of his sweetheart, but she is not allowed to go out with him or even to be a moment alone with hum. -At the opera he may stand all the evening at the door of her box, drinking in her beauty with his eyes, but he cannot accompany her home at the close ot the play, or, a3 1s too often the case In New York, ask her to Delmontico’s for champagne and an ice. 1f he is not an accepted lover, if ne is only be- ginning todo what New England has christened casting sheep glances, or has been proscribed by her parents, the outside of the bars is his only resource, The other day I was waiking along one of the best streets of the city—a very inelegant occupation, 1 confess—when my attention was arrested by seeing @ young girl at the window of a splendid dwelling looking tenderly at a young man who was kneeling close to the house and beseeching her with the most importunate looks a lover could assume, Neither spoke a word, but they looked and looked into one another's eyes, she casting furtive glances at her mother, who was at some distance, and he keeping out of the range of the motherly vision, The scene was supremely ludicrous, and it seemed to me to be ametnod of courth almost as disreputable as Orrting with the handkerchief. COURTING IN CUBA. It seems hara that the course of true love, which never did run smooth, should begin in such troubled waters, and that the sighing youth whose heart is touched should be compeiled to converse for a few moments only with “the only woman he ever loved,” through the bars which let the light of heaven into her father’s dwelling, but shut in the lght of his life, It is not, perhaps, use men here are more jealous than other men that women are jealously guarded. In no country under tne sun do women recelve so many courtesies and atten- tioné as in Cuba. Nothing-is too good ur to expen- sive for & wile or a daughter. A woman’s whim, ex- cept in the disposition of her own person and that independent existence withdut which American ladies would die, is man’s law. Nowhere else js beauty so highly prized, It is no impoliteness in Havana to stare at @ pretty woman—on the other hand to be observed 1s the homage which beaut; always expects from the other sex. Jeal- ous husbands and brothers in New York would smash the faces of men for oti what is here considered conve; the most dell- cate compliment that can be paid to a woman. When a lady is driving, or even when she is in her own house, a stranger, unless he bea foreigner, may bow to her and tell her she 1s beautiful, and a lover may hear his sweetheart thank a man she never saw before for endeavoring to beguile’ ner with flattering words. American ladies do not always escape this Kind of notice, and in the street they are stared at ina way that they denounce as impertinent, but which 1s here called complimen- tary. The boxes at the Teatro Albisu, where Italian opera flourisnes, are made so that men can see into them from the lovbics, and between the acts gentlemen amuse themselves looking at the ladies through the xpertures, as ladies sometimes ‘amuse themselves at home by looking at canary birds trough the wires of the. cages, It is not, ac- cording to American taste, a Age pretty custom, but it is founded professedly upon the theory that it is praiseworthy to look at whatever is beautiful, WOMEN AS “TOYS.” The advocates of women’s rights assert that mar- rying and the bearing of children are not the whole duty o1 the sex. Inthe United States these things are not valued highly enough, but here wemen are thought to be fit only for playthings and for mothers. In one ot Splelbagen’s novels there is a delightful art chapter, in whicn the Venus of Mile is regarded as tne type of womanly and of heavenly beauty. She ig @ grand, magnificent creature, both iu form and feeling, not too good to be the mother of mor- tals, but too pure, too independent, in @ word too womanly, to be the toy of any man. Here one often sees the handsomest vases among the basest clay. Aman not only regards his wife ag an object made for no better purpose than to yield him pleasure, but holds her as his property as Cpa as he holds his slaves. He cannot deprive her of her life, but he holds dominion over that which to every noble woman is dearer than her life, and there is no escape from him except through death. AMERICAN WOMEN AND OUBAN WOMEN. Women in the United States are not content to | hold their ewn property as their own after mar- riage as well as before, and to enjoy their old- fashioned rights of dower in the property of their husbands, but some of them are striving to have a Voice tn the business of their so-called lords, Wo- men in Cuba are as listless in these things as the playthings of men naturally become; they still live ‘under all the disabilities of the common law, with- out moving @ finger in their own behalf, Which are the happier it ts difficult Lerme buc Caban women, when they have once t the free air of the United States, long incessantly to taste it again, and are unhappy in their senseless servitude. In Broad- way they patter the sidewalk like achild at play and chatter incessantly. In their carriages on the Passeo or along the Qerro they are coy and demure as girls sung about by the poe ey undergo the pea! gaze of men without blanching or blushing, and, except to thank a gentieman for a compliment they never open their mouths, The girls who are the daughters of men too poor to keep a carriage, and who, when they go out, are compelled to walks are Gee, from every rule which society has invented for the government of women. In writing of Cuban ladies I write only of the rich, because the word “respectable” has no place in the Spanish vocalu: Yary. But must confess that there is someth exquisite in the behavior of Cuban ladies w! American ladies when they come to Havana utterly fall to appreciate, and sometimes construe into license to be rude, if not iil-bred. Not long ago saw @ Maryland girl attract all eyes at the eatro Albisu, imcluding the opera San of the Captain General, by groseding! loud conversation with & caballero of Valmaseda’s stam, She had heard that everybody talked at the opera, and she used the ine formation to mortity her friends and make # fool of herself, A case like this is, however, an isolated example, and many American ladies now staying here show all the culture of the most refined circlea- au home, CUBAN WOMAN AND CUBAN HORSES, In a society constituted as society 1s in Havana it 1s natural to expect that there should be a season, when there is a general display of womanly beauty., That season 18 of course the annual carnival pre- ceding Lent, which for this year n last Sunday. All the beanty of the capital might have been seen during these gala days, and it 1s noteworthy that the wealthy Cuban seizes upon the same opportu. nity to exhibit his horses that he avails himself of to- show his wife and daughters to the wistful gaze of, an admiring world. I might stop here and write Ci disquisition upon horses almost as long a8 my st upon Cuban women; for the one fg only less pi than the other, aud the taste for horses is quite ag pecullar as the taste for women. Speed is not much valued in the one, any more than wit is pref in the other, but looks alone command at- tention. A man may have a slow horse and a dull wife, and yet show them with, Farticular pride, provided the one is stylish: and the other beautiful; he may even be content if his horses are handsome, though hig ladies be plain enough, though pretty women will not compensate for the lack of fine horses. The one is as ey guarded as the other, and both are exhibited with an air which seems to say, ‘*Theso: things are mine; 1 keep them because they ara beautiful, and Ishow them because they are my property.”? MUSICAL REVIEW. As we predicted at the commencement of the sea~ son, the younger houses in the music trade are fast pushing the huge monopolies out of their path and becoming public favorites, ‘here will be rueful countenances and a terrible muss at the next meet« ing of the dictatorial Board of Trade next sumffer,’ when they look back on the consequences of their own narrow-minded stupidity and illiberality! toward composers and the public, Their younger neighbors have taken the first place now, and the board will soon become an institution of superand nuated music dealers. Ernest Reinking has established himself in com~ modious quarters on Fourth avenue, and has a new and large consignment of classical and popular works from the celebrated German houses of Petens and Breitkopf and Haertel. These editions have nd rivals in elegance, accuracy, neatness and cheap- ness, They consist of the very best works of every school and have become as great favorites in Amer< ica as they are in Europe. J. N. Pattison & Co., Association Hall, publish some beautiful little works by Charles Fradel, which present that composer in a new and a more favor~ able light than he was ever known before. 4 londe” is a waltz of rare beauty and Dosses- sing many traits of strong individualhty in both sub- Jects and their treatment. It js p ed by a little prelude of a very interesting character, the counter- point of which shows the master mind. The modu- lations of the subject from key to key on the last pay are also very clever, The work is dedicated to Miss Marie Kreps and will likely be added to her already extensive repertoire, “No Name Galop,” Toulmin, is rather common- pe in character and the subjects arp of a puerilé ut The same house publishes a collection of brilliant’ little gems by Fradel, consisting of @ nocturne, Po=« Jonaise, polka, march, funebre, galop and waltz, all of which are of the best standards of music. The collection 1s pubushed unaer the appropriate name of “ Apollo,” and reflects great credit on Mr. Fra- del, who, it is to be hoped, will not swerve from th noble work in which heis engaged. Merit will pi better in the end than the most glittering trash. William Hall & Son publish the following:— j “With Bife and Joy.” Galop. Oharles Puerner. It Is of the sa/on order, and very good in its line, “Come Again, Happy ‘8. Song. J. R. Thomas. A lovely melody, worth of the composer! of “Beauutful Isle” and “Happy Be Thy Dreams,’* ‘That explains all. Schirmer, Broadway, publishes the following:— ternal.” Trio, Campana. Very “Fountain of Love yy well distributeu among the voices and popu+ jar in every sense of the word. Ditson & Co. publish the following:— “Bells of May.”? Kohier. Ren little piece of the “Fairy Fingers” order, and tic in concepy uon and treatment, “My Angel Keeps Thee.” Song. Gumbert, A very r song, and the English words have the Tentt of setting the commonest rules of grammar at ce. “Floral Polka Mazurka.” C, de Janon. Cnildish/ and wifling. caer weet Norah.” Ballad. W. T. Wrighton. iO. “Out of Life’s Shadow.” Lichner. A sort of im- promptu, in three-four time; very little better than! the two preceding works. “fhough Absent, Not Forsaken.” Ballad. J. He Spiers. Middiing and of a popular cnaracter. “What ts Left Me.” Song. Gumbert. Simple and charming. . “thou Hast Something Lovely in Thine Eyes,’* Song. Abt. Notas good as one would expect from such a composer. “rligrims of the Night.” Sacred song. E. Clare. Trash. j “Bo-Peep.”’ Spring song. Octavia Hersel. Worth« jess, ; Pond & Co., publish the following:— “Turn In Polka.” Strauss. Light and pleasing, but not up to the usual standard of this renow! dance composer, ed ‘Jona Was a Stranger.’’ Sacred song and qnar- tet. J. E. Sweetser. ‘The word trash will give but a faint idea of the worthlessness of this affair, THE DEFAULTING PAYMASTERS. Decision of the Secretary of the Navy on the Sentences of the Court Martial. WasuIneron, D. 0., March 25, 1871, In the cases of Paymasters James 8, Girard, Wil+ liam G. Marcy and Charles H. Lockwood, tried some time ago by court martial in Washington, and con vVicted of scandalous conduct, in not settligh theix accounts and in the embezzlement of publiq moneys, the Secretary of the Navy has confirm the sentences of dismissal from the service rend in each case, but nas not confirmed the sentence fine and imprisonment, for the reason that these aro} of doubtful legality and incapable of proper execu- tion under military authority, while in the civil! courts, which have concurrent jurisdiction of the: | a the authority is clear aud the remedy pers rect ; In the case of Paymaster Richard Washington,’ the court martial found that he did not appropriate any money to his own use, and having recommended) him to clemency, the sentence of dismissal is mitl-) gated to suspension from rank, duty and pay for the; term of six months. Tnis decision does not affect’ the ability of the securities to make good the gov~ ernment losses nor the prosecution of the offenders: 1m the civil courts, x A SEA GF FLAME. Terrible Fire in the Long Island Woods Twenty Miles of Timber Destroyed—Vil4 lnges Threatened—Men and Women Bat tling With the Finmes. ‘The woodlands of Long Island are destroyed any nually, thousands of acres of wood being consumed, The fire which commenced yesterday is probably; the most extensive that has occurred for twenty, years. The origin of the fire is usually attributed to Dassing locomotives, but the most probable cause is neglect on the part of those who live in and adjacent to the woods. The ' FIRE OF YESTERDAY commenced at Merrick. The flames spread rapidly, and from there to Baldwinsvile, to the west, a vast sheet of fame swept through the woods for a diss tance of two miles, From Merrick to Bellmore,! going east, which is a mile and a half, ull the woods was on fire. From Belimore to Ridgewood, @ dis< tance of three mlues, the flames spread with equal! fury. Here the tire ceased, but at Breslau it began again, and the woods and shrubbery! from there to Babylon, a distance of three miles, were one solid sheet of flame. The fire extend trom Babylon to Bayshore, and from there to Say~ ville, a distance of ten miles, The South Side Olul House at Ishp had a narrow escape. The villages of Babylon and Sayville were threatened, the fire hay- ing damaged several houses. Men, women and! children worked with a will to subdue the fire, and, late last migut had partially succeeded. The sight ‘was a pretty one to behoid. The pine and chest-: nut crackled aad blazet, while the oak and: hickory smoked terribly, The air was filled with’ birds flying Jo escape. Here and there a dead rab-. bit or squirrel Was to be seen. Twenty miles of woodland were burned over, the trees being ren- dered wholly useless for anything save charcoal. ‘The damage will amount to $100,000, which 18 a to- tal loss to the thrifty farmers, A PROCESSION OF EgLS.—The Delaware County (Pa.) American says:—A gentleman who has resided! @ number of years on the margin of the Delaware! informs us that it is an interesting sight in the month of April to watch the migration of eels, The, fish, which are all young, only some four or fiv inches in length, advance in uniform order a foot or two of the shore, and usually abreast mi from sait water to the upper the river, are about three days passing, and DU) @ uniform rate of speed and night. They pro- ceed in as close proximity to the shore as ut oo = Renee Mey enemies, catfish, rock roh. ermen never observe interesting spectacie. i hed