The New York Herald Newspaper, November 13, 1872, Page 5

THE COURTS. —_+—____ THE JUMEL WILL ESTATE. ‘The Case of George Washington Bowen Against Nelson Chase—Motion to Cast @ Special Jury for the Trial of the Canse—Decision Reserved. A CASE IN BANKRUPTCY A Suit Brought on the Allegation that the Parties to the Defence Failed to Take Up _ ‘Their Commercial Paper Within the Legal Time of Maturity---Allega- tion Denied---Case Still On. A STREET PAVING CONTRACT Application fora Mandamus Against Qom- missioner Van Nort—How Mr. Trundy Got Trandled Out of a Fat Job— Mandamus Denied—Judge Leonard’s Opinion. 4 SHOOTING CASE. A Young Girl Accidentally Shoots and ‘Wounds—An Action for Conseqnent Injuries—The “‘Shootist’s” Father Mulct in $750. —-——- BUSINESS IN THE OTHER COURTS. ——_+_—_—_ ‘fm the General Sessions: Alleged Assault Upon a Young Girl Dismissed—Sentenced for Grand Larceny—An Acquittal—De- cisions in the State Courts. In the Jumel will case, in which George Washing- ton Bowen is plaintiff and Nelson Chase defendant, the parties have agreed that a special jury shall be struck to try the cause, and yesterday a motion ‘was argued before Judge Shipman in the United States Circuit Court as to the manner in which the Ust of jurors should be selected. Judge Shipman re- #erved his decision. In the United States Circuit Court the case of Gibbs vs. Bochschneidar & Co., is on trial before Judge Blatchford and a jury, It is a question in bankruptcy as to whether the defendants issued a certain financial paper at the time knowing their Ipsolvency. Case still on. A decision, as willbe geen in the record of de- cisions given elsewhere, was rendered yesterday by Jadge Fancher, of the Supreme Court, which maybe of service to married men afiicted with Xantippe wives, A husband sought a limited divorce from hus wife on the ground ofalleged cruel and inhuman treatment, he charging, among other things, that she threatened to shoot him. The Judge decided that there was no such remedy for the husband: ‘a limited divorce being only granted on the com- plaint of a married woman. Judge Fancher, of the Supreme Court, yesterday appointed Mr, James Slade receiver of the Interna- tional Fire Insurance Company. The appointment ‘was made upon the petition of a stockholder, It ‘was stated in the petition that the capital of the company was $500,000, its surplus $450,000 and its losses by the Boston fire over $400,000. This is the first application of this kind growing out of losses by the Boston fire. The probability is that it is but the initiative of many similar afflictions soon to follow. There was a case triea yesterday before Judge Curtis, of the Superior Court, prescnting some movel and curious features. A little girl while handling a loaded revolver which her father had carelessly left within her reach, accidentally fired it, and the contents took effect upon a man in his employ. The result of the trial was an award by the jury of $750 to the man who was shot. Judge Leonard, of tne Supreme Court, yesterday denied the application made by Mr. Richard M. ‘Trundy for a mandamus against Commissioner Van Nort to compel enforcement of a contract for paving. The decision—a brief, but pithy and ex- haustive document as covering the grounds of the application—is given below in full. Mr. Samuel A. Lewis was yesterday appointed one of the commissioners for the opening of Elev. enth avenve, above 155th street. The appointment was to fill the vacancy caused by the resignation of James M. Sweeny. In the General Sessions yesterday—Judge Bed. ford presiding—the session was mainly occupied in the trial of Isaac Loeb for an alleged assault upon gp young girl, a domestic, in hisemploy. The Dis- trict Attorney, after brief testimony for the de- fence, abandoned the prosecution, and the accused ‘was acquitted by the jury without leaving the box. James Brady and John Reed pleaded guilty toa charge preferred against them of petit larceny, and ‘were sentenced to the State Prison for five years. THE JUMELL WILL CASE. —_+—_—— Motion to Strike a Special Jury for the Trial of the CausemArgument of Coun- sel=Decision Reserved. The case of George W. Bowen vs. Nelson Chase eame up again yesterday, in the United States Cir cuit Court, before Judge Shipman, on a motion made by the defendant that a special jury be struck to try the cause. Mr. Charles O’Conor and Mr. Carter appeared as counsel for the defendant, and Mr. ©. Shaffer and General Chatfleld for the plaintif. Mr. O’Conor called the attention of the Court to the provisions of the federal and State law in refer- ence to the manner of striking a special jury. He argued that the law seemed to be that a special jury should be struck from a list representing a wide circle or district, and observed that the officer whose duty it would be to make the list should return the mames of such persons as in his judgment he deemed fit and capable to act as fair and impartial jarora This list would be reduced to forty-eight mames, and each of the parties at a proper time and place would have an opportunity of ol ject to and striking off twelve names, 80 that the lis from which the jury was finally to be empanelled ‘would be reduced to the names of twenty-! in- dividuals. He submitted to the Court a form of order which he had prepared im the case, and the Judge various references to the statutes, both State and federal, oe pa the point at issue, Mr, Shaffer and General Chatfield took some ex- pe? to the views advanced by Mr. O’Conor, and Teferred Judge Shipman to the rale of the Clromt and District Courts as to the mode of striking special juries. at, would be willing to have this special jury struck from the list of ordinarily summoned in this Court. Judge Shipman having heard the argument reserved his decision. In the course of a few days His Honor. will decide as to the manner of selecting this jury and by whom it shall be struck. ALLEGED BANKRUPTCY. oe Whe Parties on Trial Are Sued for Hav- ing Failed to Take Up Their Commer- ial Paper Within Legal Time of Ma- turity. Gibbs vs. Boch, Schneider & Co.—This case is on érlal before Judge Blatchford and a jury, in the Onited States Circult Court, to determine the ques- Mon whether the defendants had committed a ccr- tain act of all bankruptcy imputed to them in & petition fled for the purpose of having them de- bibrea bankrupts. The complaint states that the tif holds @ note Of the defendants for $1, that they failed to take it up. ag commercial NEW YORK HERALD, WEDNESDAY, NOVEMBER 13, 1872—TRIPLE SHEET. its ity. arn a er ged plain' sud state that the; are not Hable for the it of the note. The case has not concluded. THE STREET PAVING CONTRACT. Application for a Mandamus Against Commissioner Van Nert—How Mr. Trundy Got Trundled Out of a Ni Job=—The Mandamus Denicd—Judge Leonard’s Opinion. ‘The Common Council, in October, 1969, passed a resolution directing the paving of portions of Fourth and Fifth streets to Mangin street. Adver- tisements for proposals were made by the Croton Aqueduct Board, who had charge of street matters at thattime. Mr. Richard M. Trundy was the only one who putim @ bid. Before the contract was closed the Common Council passed a subsequent resolution shortening the distance of the paving vo Lewis street. There was some trre; ty in the advertising, but the Board of Contract made this all right. ‘This latter of the Common Council left Mr. Trundy out in the cold, and ag re- fusal was made to award he contract to Lewis street he ap! u plied before Judge Leonard, holding Supreme Court Chambers, ora mandamus againet Commissioner Van Nort to award him the contract. Sages Leonard gave his decision yesterday upon ti application, denying the motion. The following is JUDGE LEONARD'S OPINION. ‘The award of contracts to Mr. Trundy in Janu- ary, 1870, was not made pursuant to any subsisting ordinance, The ordinance of December 1869, being for a shorter lime of pavement than that men- tioned in the ordinance of October 25, 1869, al- though coincident as to the route for a considerable distance, operated as a substitute for the prior ordinance, All further proceedings to perfect an award or contract for the longer route of pavement became nugatory after Pecuaher 3, 1869, It would gre rise to an apparent claim for damages against e city for the profits which the contractor might have made, had he been permitted to we the whole distance to Mangin street, while the Com- missioner of Public Works was really without any authority so to contract, The application must be denied, with the costs of opposing motion. CURIOUS SHOOTING CASE. A Little Girl Accidentally Shoets a Man with a Revolver—The Father Mulcted in $750 on Account of It. The adage, whose origin is said to be traced back to a venerable lady of the old school, about & gun being dangerous without either stock, lock or barrel, may not be strictly true; but a case came on for trial yesterday before Judge Curtis, of the Superior Court, showing conclusively that it will not always do to leave firearms lying about or hanging about loosely, and particularly where in- experienced children are liable to come in contact with them. A little carelessness in this regard has cost a citizen ag and the lesson is worth heeding by others. It uremia QURIOUS STORY, thongh admitting of very brief telling, Mr. George Gale, who is a maker of iron railings, had in his employ George Hoffman. Mr. Gale had been @ soldier during the war, and as a memento of our country’s civil strife and his own assistance in aiding to bring it toan end kept a revolver. This he kept in the shop, and, as he says, on a bares ‘out of sight. He furthermore kept it loaded, font as he says on this point, his object was to use ti in exterminating rats, which infested the place. One day a little daughter of his, ten years old, came into the shop, got hold of the revolver in some way, and the frst thing Mr. Hoffman knew of her having it was receiving the contents, it being loaded with buckshot, in body. The girl hi fired itsome way. Mr. Hoffman had a vacation from work for some time, but, with the surgical Manipulations and incisions to which he had to submit, it was not a very pleasant one. He brought it against Mr. Gale for $5,000 damages. As stated bove, the case came yesterday totrial The jur took buta short time to deliberate upon the evi- dence. They cut down Mr, a’s figures, how- ever, and gave him a verdict for $780 damages. BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS. Decisions. By Judge Fancher. Shaughnessy vs. The Mayor, &c.—Motion granted. In the Matter of ning Eleventh Avenue, North of 155th Street.—Order granted appointing Samuel A. Lewis commissioner in place of James M. Swee- ny; xonqned, John Williams vs. Rose Williams.—Limited di- vorce is only, granted, “on phe complaint of a mar- ried woman” (3 R. 8., 5 Ed.; 2 237., sec, 63). There ig no such remedy for the husband. The Spies tion for a judgment in this action must be denied. Caroline P, Whitlock vs. William L. McDonald et al.—Report confirmed and judgment granted, Daniel B. Ames et al. vs. Jacob Ames et al.—Pe- tition granted for $5,000, George Dickinson vs, Willlam H. M. Sanger.—The demurrer is frivolous, and judgment thercon for the plaintiff is ordered. Emil Justh vs, Virginia N. Justh.—Both parties May amend their pleadings, ac, SS ee ingraham. Edward F. Brown et al. vs. Hannah Van Wyck et al.—Motion granted; costs to abide result. By Judge Brady. wae ‘vs. Devison.—Proposed amendments to case settled. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Robinson, Mary Ann Clark vs. William Clark.—Judgment of divorce granted to plaintiff from defendant and cash alimony as per order, $1,300 per annum, aud $500 counsel fee. By Judge J. F. Daly. Bayard vs. Kochler.—Order for assignment made. MARINE COURT—SPECIAL TERM—CHAMBERS, Decisions. By Judge Tracy. Felix Garcia vs. Henry Frahman,—Motion denied, Emil Haas vs. Martin Oakley.—Motion denied, without costs, Peter Stephan vs. Justus Cooke.—Motion granted, with $10 costs to plaintiff. Seth Carmin and Another vs. William J. Ryan and Others.—Motion set aside; order of arrest, &e. ted, Wiliam F. Wooley vs. Clarissa E. Bradley.—Mo- tion denied, with $10 costs to plaintiff. . Simon Friedman vs. Lazarus Studzinsk!.—Mo- tion granted, with $10 costs to defendant, COURT OF GENERAL SESSIONS. Alleged Assault Upon a Young Girl— Prompt Acquittal of the Defendant, Before Judge Bedford. A good part of yesterday's session was occupied in the trial of an indictment against Isaac Loeb for an alleged outrage committed upon Fanny Vogt, a young domestic in his employ, at No. 202 Grand street, on the 4th of October. 6 defence roved by two respectable ladies that at the time he girl swore the offence was perpetrated they with their young children were in the defendant's apartments. District Attorney Fellows virtually abandoned the case, and the jury rendered a@ verdict of not guilty without leaving their seats, Grand Larceny. James Brady and John Reed, charged with rob- bing William St. Clair on the 10th of October of the sum of $40, pleaded guilty to grand larceny. Brady was sent % the State ne Tor five years, and Reed, being under twenty years of age, Was sent to the Penitentiary for the same period, Petty Larceny. Jonn Messfield, who stole two coats worth $36 from Harris Bergmann, pleaded guilty to petty lar- ceny and was sent to the Penitentiary for three months. Pleads Guilty to Killing His Wife and is Sent to the State Prison. William Dunigan, who was indicted for the mur- der of his wife on the 11th of June last, was placed at the bar. Assistant District Attorney Sullivan made a statement to His Honor of the case. He said that after a careful examination of the sted there being no eye-witness to the difiiculty which pre- ceded the death of the woman, he was convinced a jury would not render a verdict higher than that of manslaughter in the third degree, which plea he ‘was willing to accept. Mr. Soteldo, who was assigned by the Court to look after the prisoner's rights, stated some facts in mitigation of sentence. Judge Bedford sentenced him to the State Prison for three years. An Acquittal, Charles de Rivoli was tried upon a charge of stealing $4 from John I, Moran on the 15th of Octo. ber. The statement of the complainant was re- futed by the accused and a respectable witness, and, after the previous good character of the de- fendant was proved Mr. Fellows abandoned the case. His Honor instructed the jury to render a verdict of not guilty. COURT OF SPECIAL SESSIONS, Before Judges Coulter, Cox and Shandley. Judge Shandley presided at Special Sessions yesterday. There were some thirty-eight cases on the calendar. The first was that of Asher Bern- stein vs. Charles Brady, for assault and battery. Bernstein accused Brady of striking him three times in the face without any provocation, Brady, io bis defence, said he was drunk and Bernstein knocked him and then com- menced to insult him, whereupon, or as Brady ex- pressed it, he “slung him out of hie way,” and Judge Shand ‘Whi le. complainant)—Where were younurts ey @® complainant) Bernstein—Aronnt de pelly. Judge—You don’t look as if you were mach hurt. As this man has already been five days in prison We will suspend sentence. ‘The next case ealled was that of Joseph Rosen- berg against Mary Kerns for stealing a shawl. Rosenberg te a Polish Jew, and when he went upon the stand did not seem to know what he was to Testify about. Ail that the int ter could elicit Was that he had had a shawl stolen from bim, but when, where or by whom he could not bt The prisoner was a short, thick-set I woman, With good features and a rollicking eye. She pe aa , and when the officer ae answered, “Wait tii I have achance. I’ for myse}f-”” ‘was thrust acide sum- Her husband coming she “would tell the marily by Mary, who Joodge joost how it was.” “Judge,” said Mary, ‘this little Jew here, he kem up into the house, peddling his things, and he wanted to seltme a shawl. I tould him I nad no money to spend and didn’t want any shawl, Sez he, luk at thim, oy are chape. Sez 1, be af with you, and he wint aff. He comes up agen to me and agen [druv him af, Back agin he comes, and thin he takes me around the middie. I didn’t know what he wanted, and I picks up a stick of wood on the table and hot him a clip on the head with it; that’s all there is of it.” Maris statement convinced the Bench, and she was discharged. A boy named Thomas Meehan preferred a omeree of assault and battery ainst Frederick Kehi- man, On Saturday last the boy jumped behind a beer wagon driven by the latter aud was struck over the eye with the butt end of nis wie ashing it severely. Kohiman, in defence, said that he thought the boy wanted to steal. Judge Shandley, however, informed him that, even if he did, it was no justification for so brutal an assault. Kohlman received four months in the Reniventiazy.. Henry Schneider, an iil-favored, brutish-looking fellow, of disgusting exterior, was placed at the bar charged with an agsault on a boy named John Col- lins, Collins was ascending the stops of St, Teresa’s church on Sunday morning last, when Schneider, without any provers, made @ wanton attack upon him with a penknife, cutting him in the back ofthe head. Schneider was sentenced to three months on the Island. Koundsman Thomas Reilly appeared as com- lainant against les Morgan for assault and tiery, that it was none of his business, and for his contum: was arrested a8 a dangerous character. He was imme- diately discharged, with @ strong reprimand to the Policeman from the Court for his unwarrantable violence towards a respectable citizen. TOMBS POLICE COURT. A Man Robbed in “Reddy the Black- smith’s”—Outrage in the Astor House. Alderman Coman sat in the place of Judge Dowling yesterday morning. The first case of any importance was that of Alexander Jones, residing at the St. Nicholas Hotel, against Michael Mahoney. Mr, Jones went into the drinking saloon of William Varley, alias “Reddy the Blacksmith,’’ in Broadway, near Houston street, on Tuesday even- ing. He called for a drink and got it, when some man who was in the place tumbled against him as if intoxicated. Mr, Jones threw him off, Immediately he heard a cry from behind the bar, “Bounce,” and Mr. Jones, by the aid of several persons inside the place at the time, was transferred to tie curbstone without any unnecessary delay. Mr. Jones felt his ockets and found that $200 was taken therefrom. e took hold of the man nearest him, one Michael Mahoney, who is a habitué of the place, and a no- torlous thier. When Mr. Jones appeared in Court yesterday he felt somewhat embarrassed; he would not swear to Mahoney’s taking the money from him, but he knew his face and also knew he was ono of the men who stuck to him most closely. Mahoney was held to answer in default of $1,000 bail. The firm of Cook & Valentine, 39 and 41 Walker street, have for some time miased quantities of money from their cash drawer. On Saturday last they missed $120, and sug] eoting one Ephraim Jacobs, one of their clerks, they had him arrested. Jacobs confessed his guilt. He was arraigned be- fore Alderman Cowan yesterday and held to an- swer, John H. Tennent, aman about ffity years of age, well dressed and with an air of general respect- ability about him, was arraigned on a charge of dis- orderly conduct: preferred by Mrs. Clara Courtney. Mrs. Courtney is stopping in the Astor House. On Friday last, as she avers, Mr. Tennent came into her room without asked, and insisted 9} much her émbarrassiment, stayil there, and on only left on compulsion. Mrs. Courtney was loth to make a complaint, but, his inso- lence havi been renewed three times, she was compelled to have him taken care of. Yesterday morning Tennent again forced his way to Mra, Courtney's room and even broke open tue door, and he attempted to commit an indecent assault on the lady. Alderman Coman, without much fgoune committed the rufMian for trial at Special Sessions. COURT CALENDARS—THIS DAY, SUPREME COURT—GENERAL TERM—Held by Judges Ingraham, Leonard and Brady.—Nos. 48, 97, 100, 101, 102, 103, 104, 105, 106, 107, 108, 1,130, 134, 139, 186, 137, 138, 189, 140, 141, 142, 143, 144, 145. StrrEME CouRT—CincuiT—Part 1—Held by Judge Barrett.—Nos. 1591, 8717, 1751, 2187, 401, 2035, 2225, 203, 77, 605, 711, 761, 107034, 2109, 2229, 2233, 2235, 2239, 2241, Part 2—neld by songs. Van Brunt.—Nos, 770, 2612, 800, 1054, 1122, 12%, 786, 820, 1034, 1036, 1116, 702, 3318, 1140, 114%, 1144, 1146, 1148, 1160, SUPREME CouRT—CaAMBERs—Held hy Judge Fan- cher.—Nos. 87, 62, 6434, 66, 77, 79, 81, 83, 84, 85, 80, 87, 88, 89, 92, 93, 94 91, 98, 114, 115, 116, 150, 159, 166, 16%, 158, 163, 164, 166, ‘Call, 171. SureRion Court—TriaL TERM—Part 1—Held by Judge Curtis.—Nos. 29, 1579, 1857, 631, 789, 1623, 1879, 1581, 1801, 1895, 1899, J. K., 1105, 1147, 547, Part 2— Held by Judge Sedgwick.—Nos. 1385, 1266, 1384, 1386, 12, 1124, 1034, 1540, 725, 1226, 1476, 1402, 876, 1482, OouRT OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Loew.—Case on. Part 2—Held by Judge Larremore.—Nos. 2103, 11, 1689, 245, 1517, 1740, 1676, 1343, 2099, 1746, 1705, 1659, 1668, 1540, 1411, Court or CoMMON PLbAS—EQuiITY TERM—Held by Judge Robinson.—Case on. sales Sean Nae oe TAY dy Wald udge Spaulding.—Nos. ‘i vi 702,442, oO, 808, 824, 1000, 1094, 1090, Fatt 2—Hel by dudge Curtis.—Nos, 131, 677, 683, 183, 787, 793, 77, 801, 808, 805, 807, 823, 820, 827. Part 3—Held by Judge Joachimsen.—Nos. 661, 1846, 169, 340, 41: 17, 420, 488, 848, 1055, 880, 851, 883, Es) 885. Court OF GENERAL Susstons—Heold by. Judge Bedford.—Homicide, Emil Andre; robbery, Michael Dwyer, Joseph Rainus and John Kenny, Tuomas Murray; burglary, Henry Mumford, Johu Jones and Pi ‘trick Welden, James Dutton, James Farrell; nd larceny, Alvin Morin, Henry Farrell, John ; bigamy, Jasper Van Riper. BROOKLYN COURTS. COURT GF OYER AND TERMINER. The Anderson Case. Before Judge Barnard. Yesterday the Court appointed Tuesday next for the trial of Dr. Irish and Mrs. Anderson, who are charged with having poisoned the husband of the latter, Edward 0. Anderson. The trial has been delayed thus dong in consequence of the absence in Europe of Dr. Doremus, who made an analysis of Anderson’s stomach, and who has now returned to this country. SUPREME COURT—SPECIAL TERM. Decisions. By Judge Pratt, Henry Harteau vs. The Deer Park Blue Stone Company.—Injunction continued if plaintiff stipu- ee refer and take short notice, otherwise de- nied. . Schomaker vs. McBain.—Motion to strike out answer granted ; $10 costs. Brown vs. Bryan,—Case settled. CITY COURT. Perils of Pedestrians. Before Judge Thompson. On the evening of tne 11th of February last Mrs, Ellen Dolan, while proceeding along Congress street with an infant in her arms, slipped into an opeh coal hole in the sidewalk of Patrick Leddy’s store, corner of Columbia street. Mrs. Dolan was severely injured about the legs and confined to the house for several days thereafter. Yesterday she brought sult against Leddy to recover damages in the sum of $1,000. unsellor Keady, for the defence, contended that Leddy was not liable, as. he did not own the premises nor occupy the whole of them. It was shown that he was lessee and that he occupied the cellar to which the coal shute led, He claimed, however, that the shute was closed on Saturday night when he left his business, and that, as the accident occurred on Sunday, when he was not there, some one must have opened the hole dur- ing the day, ‘he jury gave plaintiff $197, COURT OF APPEALS. _—_ Decisions, AtBany, N, Y., Nov. 12, 1872. The following decisions were made in the Court of Appeals:— wl pad dismissed with costs, a single bill of coats only to be recovered in the several appeals from orders made at the same time and upon the seme papers, P| wa og ent have oes made uy fet apers in the Pet actions ana in which the attorneys for the parties were the same, to- gether with the necessary digbursements in all the cases:—Abbott, defendant, against the New York Central and dudson River Railroad Company, ap- Pellants, and 499 other actions against same dismissed with costa, a single billef costs pg long were the same and in whieh the rneys ie the Lrewird —ae the same, together with the ner wal disbursement in all cases:—Tully, respondent, against the New York Centra! and Hudson River Railroad Compan; peliants, and 108 otter actions ogainst said’ ap- - eee aMrmed with costs :—O’Brien against The Glenville Woollen Company; Jackson against Powers; McShea against Matthews; Carpenter egainat O'Dot rty; Perkins ast Gilea; Wor- cester ‘ rt aets Ld OE road ‘: agai nclair ; Faville against Robert; Morgan against Mulligan; ovat insurance Company}, chapmch against rN Wheeler; Mandeville it ccniee Judgments affirmed:—Conners against Reovle; the People ex rel, Underwood Orders aMrmed with coste:—Thurbes against Blanck; O’Brien against The Glenville Woollen Company; in the matter of the bate: of the last hard of Frederick Diaz; Briuckley against 1A Judgments reversed and new trials granted, costa toabide the event; va. Metzer; The First National Bank of Whitehall va, Lamb’No. 1; The Same vs, ‘the Same, No, 2; the Same vs. The Same, No. 3; Glacius ve, Black; Miller vs, White; Central Bank of Brooklyn vs. Hammet; Good- win va. The Baltimore Railroad Company; the Russell Manufacturing Company vs, The New Haven Steamboat Company; Price vs. The Oswe; and Syracuse Railroad; Bailes vs. Buell; tl ae a of the Shaaer Nashman vs. Holla- way; Delaware and Hudson Company va, The Penosylvania Coal Company. Apeais dismissed, witha single bill of costs in the two cases:—Cox va. The New York Central Railroad SO PALTS Lindsay vs. The Same. Order granting new trial reversed, and judgment onreport of referee affirmed with costs :—Gretchess vs. Daniels. Order granting new trialamrmed and judgment Van Keller absolute for delendant with costs, against Schulting. Order granting new trial reserved and judgment Ot Special Term affirmed with costs, COURT OF APPEALS CALENDAR, ALBANY, Noy, 12, 1872. att, foloming is me Comes ist Appeals day calen- mber 13 :—Nos. 3 422 to 480, 484 199, 4g, 416, 344, 396, 343, UNITED STATES SUPREME COURT. Another Land Suit=<The Blackburn Lands in Prince George County, Mary- land—Important Decisions—The Sale of Land by a Virginia Collector for Taxes Declared Valid—A Suit Against the Government for Arrears of Rent of Premises in San Francisco, i WASHINGTON, Nov, 12, 1872. No, 152, Kearney et al. vs. Denn, lessee, et al.— Error to the Circuit Court for the District of Mary- land.—This is an action of ejectment tor the recov- ery of a large tract of land in Prince George county, Maryland, and was originally brought against one Blackburn, the original plaintif™ being citizens of the county named, Blackburn was a citizen of Virginia, and on his motion the cause was removed to the Circuit Court of the United States, A trial was had in the Federal which resulted in a verdict for the paincie, and the cause was brought to his Court on writ of error, where the judgment below was reversed and the cause remanded for a new trial. Before a second trial was had Black- burn died, and Kearney et al were made defendants. Subsequently, two of the original plaintifs died, and {n their places the present defendants in error were suo- stituted. In this condition of the case, all the parties being citizens of Maryland, except Kearney, who resides in the District’ of Columbia, motion was made to dismiss it, which was denied, and, upon trial, the judgment was again for the laintiff below. The principal question presented the merits of the case is as to the legitimacy of the original claimants. It is urgea here that the Court below was without jurisdiction in the present state of parties and that the whole pro- ceeding in that Court was error. William Sepley and T. J. Durant for plaintiffs in erat iH T. Crittenden and Daniel Clarke for de- fendants, the it Decisions, No, 188. United States vs. Powell and Hilde- brand and Others.—Error to the Circuit Court for the Middle District of Vennessee.—The government brought suit on distillers bonds to collect for salaries ofstorekeepers in charge of bonded warchouses. ‘The defence was that such expenses did not de- volve on the warehousemen at the date of the bonds, but that they were imposed by a joint reso- lution subsequently passed. The Court below sus- tained the objection taken, and the verdict was for the defendants, This Court now reverses that judgment, holding that the bond is for the faithful performance of any duty by the principal therein which may be im- posed law, and consequently that it contem- a the additional duty subsequently required yy the government tn this case, Mr. Justice Clifford delivered the opinion. No. 202, Turner vs. Smith—Appeal from the Supreme Court of Avposls of Virginia.—The main question in this case is whether a sale under the act for the collection of direct taxes in the insur- rectionary districts in disposing of the fee of the lands also concludes a rent charge thereon. The appellee had such @ charge upon premises in Alex- andria at the commencement of the war, and, joining the insurgents, the property was sold in accordance with the provisions of the act, and Turner was the purchaser. The Court below sus- tained the claim of the appellee to the rent charge, and the judgment was in his favor. This Court find that the sale was valid, and that being so, the rent charge was cut off and pasiranee by it. panmene reversed and cause remanded, Mr. Justice Miller delivered the opinion. No. 196, Cross vs. United States—Appeal from the Court of Claims.—This was a@ claim under a lease to the government of certain property in San Francisco to collect arrears for rent. ‘The plaintitt claimed as assignee, and in a former suit the Court of Claims found a defect in the transfer and the Judgment was for the government. Congress, being applied to for the relief of Cross, authorize: the Court of Claims, if they found the equity to be Im Cross, to enter judgment for the amount of rent found to be due, notwithstanding the defect in tho lease. Judgment was subsequently so entered, and this suit was afterwards brought to col- lect rents falling due after the commence- ment of the former action, and the Court held that the action of Congress referred to the former suit merely, and that it had exhausted the authority conferred by Congress by the Judgment rendered in that suit. T Court hold that the action of Oey ed authorized the Court to do Justice to the claimant under the lease, if his claim under it was equitable, and that in pursuance of it the Court should have proceeded to hear and deter- mine the present suit. Judgment reversed and cause removed. Mr, Justice Davis delivered the opinion. No. 193, Fowler va. Rolfe et al.—Appeal from the Supreme Court of the District of Columbia.—This ‘was @ proceeding by attachment to enforce a lien for rent against chattels found on the premises which had been twice sold without notice to the urchaser of any arrears for rent. The Court sus- ined the claim for his arrears as against the tenamt in possession, holding that the statute authorized the proceeding notwithstanding the sales and transfers to different tenants, and this Court affirms that decree. Mr. Justice Clifford de- livered the opinion. No, 180. Dirst va. Morris—Error to the Circuit Court for the Northern district of Illinots,—This ‘Was an action of ejectment to oust the vendee of the government from certain land purchased by him at a foreclosure sale in @ suit by the govern- ment to foreclose & mortgage held as security for certain indebtedness of one Russell. The claimant set up @ title based on the equity of redemption sold by Russell; the claim being that, as the ties pcan from Russell had not been made de- fendants in the action, the government did not take a good title by the foreclosure proceedings, and that, con: ya the defendant did not have @ valid title. 10 Ju nt was for the defendant below, and it is her ried, Mr. Justice Bradley delivered the opinion. No. 181, Collins vs. Riggs—Error to the Circuit Court for the Northern District of Iilinois.—This action was precisely the same on the main ques- tions as the one preceding it, and was disposed of by the decision therein delivered by Mr. Justice mi ey No. 175. Jenkins vs, McClellane.—Error to Circuit Court for Northern District of Lilinois, No, 183. Waterman ys, United States.—Error to oe Nig Court forthe Northern District of Mli- nois; an No, 191. Douglass vs. Corcoran & Riggs.—Appeal from the Supreme Court of the District of Columbia. The Chief Justice announced the judgment of the Court in these cases, affirming the judgments and decrees below. No opinions were rendered. THE SONS OF MAINE, A meeting of residents of New York born in Maine was held at room 14 Astor House yesterday to organize a society of Maine men for the cultiva- tion of sociability and business benefits, There were some three hundred signers to the call, among the number the following distinguished New Yorkers:—Erastus Brooks, Rev. Joseph F. Elder, Rufous Ingalls, Matthew Hale Smith and Samuel CO, Fessenden. ere Were about seventy-five people | eben On being called to order Captain Am- rose Snow was chosen chairman and Joseph Treat seen ah, Speeches were made commending the ne 6 the call by Erastas Brooks, Samuel ©, inden, Rev. Joseph F. Elder and Matthew Hale Smi A committee was finally appointed to per- fect arrangements for the Lega had ee of the society, and the mecting adjourne BURKE Reply the First to James An- thony Froude. A Vindication of the “Honor of Ire- land in History.” The Days Before and After the Norman Con- quest—Mr. Froude’s Assertions Discussed Seriatim—Specimen Instances of Eng- lish Justice—The Truth About Pope Adrian’s Letter. Father Tom Burke last evening gave, at the Academy of Music, the first ot his series of lectures on Irish history, in reply to those recently delivered by Mr. Froude. There was an immense audience that filled every part of the building. The enthu- siasm evoked was far greater than was called forth by the English historian, and the treatment of the subject was certainly in @ much more lively and entertaining vein. The special topic of last night's discourse was “The Normans in Ireland,” and it Covered the same period as was embraced in Mr. Froude’s opening lecture, Father Burke, dressed in his Dominican habit, came upon the platform at about a quarter past eight o’clock, and was received with an ovation of applause and cheers that lasted several minutes, end was again and again renewed. As soon as the audience settied down to serious attention, Father Burke advanced to the front of the p!.: HE BEGAN his lecture by saying it was a strange fact that the old battle that had been raging for 700 years should be continued so far away from the old land, The question he was about to discuss had been disputed at many a council board and in manya Parliament and on many a har! fought fleld, and ‘Was not decided yet—the question between Eng- land and Ireland. Mr. Froude had frankly stated that he had come here to deal with this Irish question from an English standpoint, and, like a true man, he had made out the best case he could for hisown country. He had asked the American public to agree with him that the Irish had, in- eed, been badly treated, but that they had only : GOT WHAT THEY DESERVED. It (g true, said he, that we English have robbed and misgoverned and persecuted them; but then they would have been worse off {f we had let them alone. If that excuse Wore valid not a criminal to-day in jail could be justly kept in custody. Since the Conquest Mr, Froude claimed that English om, legislation, if it had not been always tender, had been in intention at least beneficent, while the Irish had never understood their own interests or knew what was best for them. He had also said that what had been the fate of the Irish in the past would be their lot in the future. When Mr. Froude came here Many persons had asked what was his motive. Some had supposed him an emissary of the Eng- lish government, which had begun to fear the ris- ing influence in this country of the eight millions of Irishmen now among us. According to such persons Ergland wanted now to check American sympathy for their Irish fellow citizens, and there- fore sent here @ learned man, with an extra- ordinary talent for arranging facts so as to make them show whatever he wished, which in this case was mainly what an impracticable, accursed race the Irish were. Others sald England was every ear growing weaker, and she was pain in the last stages ofnational decay. She had lost her great ally in France; her army was very weak; er navy was inferior to that of at least one other Power, and her people were discontented. Thereiore, said these people, England wanted to form an American alll- ance. Yet, again, others had said that Mr. Froude had come here on the invitation of a small sect of sectarian bigots, He (Burke), however, protested that he had never given these suggestions a mo- ment’s attention, He was willing to give Mr. Froude credit for THE HIGHEST MOTIVES, and he belleved him incapable of anything base or mean or sordid. His own motives (Mr. Burke's) might, perhaps, also be misunderstood unless he clearly defined his position. Just as Mr. Froude had been suspected of being an agent of the British Forcrament, so he might perhaps be accused of ing simply an emissary of revolution. But he came to-night to vindicate the honor of Ireland in her history; he came to show that at no time should the mother be left without a defender in one of the sons that she had borne, Mr. Froude was unft to discuss Irish affairs, because he con- fessed that he had no hope for the future of Ireland and had given EP the task of finding a remedy for present evils and grievances as a bad job, He had said in an article he had written not many years ago that the end would probably be that the Irish would either have to be banished or coerced. Such @ man Ought not tocome to America to cast the HOROSOOPE OF IRELAND'S FUTURE. Another cause why he was unfit to discuss the future of Ireland was that he despised Irishmen, This was the sin of nearly every Englishman. He had known Uae amiable Englishmen, who would not wiliully do wrong to any one, and yet he had seen such men in athousand silent ways manifest their contempt for the Irish race, desire in stating this was not to stir up ill-will, but simply because it was the secret of the antipathy that now existed between the two peoples. Mr. Froude, who was himeelf incapable of an ungenerous sen- timent towards any one or about anything, was a standing example of this feeling. Not many years ago he had told Scotchmen that the Reformation and John Knox were the influences that had made the Scotch character so grand and noble, and in the same speech, by way of apology tor speaking of Scotchmep at all, he had stated that no man could understand a people unless he was himself one of them, But this learned gentleman had made no such apology in speaking of the Irish, He boldly took up his subject and held Irishmen up as an immoral, lawless race, without one word of exouse to the irish in America. In one of his books he had said, “They may be good at the voting ‘pooths, but were of no good with the rifle.” He had compared the Irish to A PACK OF HOUNDS, to whom freedom would only result in their tearin, each other to pieces. Finally, Mr. Froude was unfi to treat Irish history because ofhis hatred and de- testation of the Romish Church. He had spoken of her as an old serpent and a witch of Endor. He had held her responsible for the massacre of St. Bartholomew, and for almost every other murder that had been committed. The gentlemen even who had received him in New York had given him to understand that they did not accept nim as an impartial authority in ali matters. Not that he (Burke) would accuse Mr, Froude of wilfully telling a lie, but his mind was distorted by prejudice. A citizen of Brooklyn had recently convicted him of juotation, and had said, with much meaning, that he “did not know the meaning of inverted commas.” Mr. Froude had represented Henry the Eighth as a chaste, good man—so good that even the Protestants of England had cried out, “Mr. ave mistaken our man.” During the time when lenry’s tyranny had become most oppressive; and, when the lish people had an to hate thelr clergy, im order to please their King, aman named Nun was found hanging in his cell, In order to please the Fig. the twelve blackguards ‘who were the jury brought in a verdict of murder fgainst the Chancellor of the Bishop of London. The Bishop protested, and the jury, on appeal, were proved perjurers, Mr. Froude had this incident to show the pics and tmmorality of the clergy, saying nothing about the end of the story. Coming down to MR. FROUDE'S FIRST LECTURE, he had this to say, that, in following him, he had for the first time realized what it was to follow a will of the wisp through @ marsh. Mr. Froude had attempted to justify the Norman invasion by drawing @ terrible picture of the state of Ireland that conquest. He had sald that there was them in Ireland neither morality, religion nor government, and that, there- fore, the Pope had sent the English as a sort of policeman to restore law and order. He Had said that every family then governed itself accord- ing to its own notion of rightand wrong. But t did he mean by family? Not the family as it understood at the present day, but the sept or tribe, all whose members had a common name and which owned large extents of land and some- times whoie counties, A family then meant a nation, verned by one chieftain, independent and acknowledging no other sover ty. There were five ‘eat families in Ireland and under these there were smaller septs or families acknowledging the Lathes al these royal houses. These houses elect @ sovereign over all, who dwelt at Tara. Under these circum- stances, was Mr. Froude fair in saying that every family governed itself accoraing to its own no- lions of right and wrong? Again, he had said that at that time the Irish dwelt in mud cabins, and had bodily ted that he had himself un- these habitations, At the Froude had consulted h ven up the question how old us that this was the usual irish Vabita- tion, ‘THE IRISH CONSTITUTION Talo, "the wad sbezed with mnguiar huehty. Delore tall 0 Was 0 5 the Aeath ofa omer his successor was cisctea as the ablest and best man in the tribe, and the eleo- tion took place before the chicitain’s death. 5 dissension and riot. wve lected judges t oe Ma it Sane selec 8 tO e people. ‘These ua ap oes od cote o ors and antversities AD taught. ‘The five princes e! sovereign, who sat in the imperial hall of Tatas There Patrick found them—k Ing and prince and judge and minstrel—when he preached to them the. faith of Jesus Christ. The land was held in common, the chief giving. to each mam what was necessary for h's support, and the right of pasturage over all was recognized. There was no such thing as slavery ; every man in the tribe was as in blood as his cnlef and equally free and noble. When the English came to Irelan aatepiened them so much, so said a hi so as to avoid these chieftains FOLD, FRER MANNER wan this anarchy. ae Ms fi ils had charged? le , as '. Froude char, had said, and it was true, that the chiefs fought among themselves, but that was then the common State of all Europe. Now as to religion, for the first three centuries after its conversion by Patrick Ireland was the chosen home of Christian saints and scholars, and men from all parts of farope came to her shores to light the lamp o! knowledge and sanctity. came the Danish invasion, which reauced the be &@ state of great wretchedness. The consequence’ of the Danish wars was that the Catholic r remained sadly shorn of the purity that had ‘first, marked it. These wars lasted three centuries, and what people would not be demoralized by so long a i ec of bloodshed ? England had been nearly rulned by the Wars of the Koses, which only lasted fifty years. In the beginning of the twelfth cen- tury the Danes were finally expelled, and we found that laws were ‘soon agaln being re-established and the people cheerfully obeyin them, the Pope’s legate being received with That marked respect and cordiality which had alwaya characterized the conduct of the Irish to their spiritual leaders. Many councils were held, some of them presided over by the Papal legate. ther Burke alluded to the galaxy of Irish saints that illumined the history of Ireland at this period, and said that only one year before the coming of the Normans tlicre was ‘A GREAT COUNCIL of all Ireland, which was very orderly. Lafrang and Anselm, English archbishops, had both con, tulated Irish kings upon the profound peace that had at this time rested upon Ireland. Contrast this with the darkness and lawlessness that existed in England under William Rufus. As to the chi that Ireland was without morality he would on say that when an Irish king stole another man’s all Ireland rose up and banished him from the country. Ifit were true, as the lying Norman chroniclers had gaid, that Irishmen were then a bestial, incestuous people, this king could have retorted that he had as good a right to be a black- guard as the rest of the world. Mr. Froude satd that the Normans had come to Ireland teach the Irish the . TEN COMMANDMENTS. But it was admitted that the Normans did not fuinch of soil in Ireland, and they robbed Irish of all of it, in order to illustrate the com- mancdment “thou shalt not steal.” Henry IL, of England, had instigated the murder of Thomas & Becket-and was Living. in aduitery,. id et his Norman nobles went to ireland to teach h that they ought to observe the command: ments “thou shalt not steal” and “thou shalt not commit adultery.” Father Burke then went onto discuss the question of the alleged LETTER FROM THE POPE to King Henry, authorizing the conquest of Ire land. The letter waa dated 1154. Pope Adrian was made Kone on the 3d of December, 1154, and the news could not have reached England in less to the English rocured this letter. G3 it was dated in 1154! But, suid Mr. Froude, here is@ copy of the letter in the archives at Rume. But this copy had no date, and it was well established that no order or pull, undated, was yalld, ‘The letter way alle on the face of it.’ Mr. Froude had sald also that the letter had been al- luded to by Pope Alexander III. He (Mr. Burke) on the authority of many learned men, id that this letter was also a forgery. it waa true that many learned men also admitted the authenticity of both letters; but having his choice between these authorities, he Father Burke) chose to belleve that they were forgeries. Besides, Henry had sided wi! the Anti against aie Jexander, and was it likely then that the latter would give him a rescript of the alleged letter of Pope Adrian? Mr. Froude had charged that the Normans had taught the Irish to RESPECT THE POPE. Yet the first legate that came over after the in- vasion was intercepted by Henry as he * prageaee through England, and forced to promise that he would do nothing against the English in Ireland. But supposing the bull were given by Pope Adrian, it was of no effect, because ‘it was procured on the false pretence that Ireland was in @ disturbed and disorderly condition, And again, it was invalid, because it was given ona romise made by Henry that he would go to reland, ‘for the Glory of God and the good of the Church,” which promise had been broken. Beside: Henry had never had possession of any part Ireland, except that which was when he came in possession of the Dane: with the con- sent of the Irish. et Mr. Froude had said that the Danes and Irish were then at war. The Normans arrived and the people gave them very little opposition, yielding them a certain portion of their lands and learning soon to love them. It wasstrange, however, that THESE PROUD NORMANS who so heartily despised the Saxons that they called them “villains,” showed an admiration for the Celts, When the Normans went out from the pale they adopted the Irish dress, adopted Irish customs, married Irish wives and were glad toget them. In the end, indeed, they abjured for- ever the English language and the ‘lish cus- toms. During the four hundred years that followed the Norman conquest Mr. Froude had said that there had been constant anarchy. And this was true, The secret of this incessant and desolating war was the constant effort of England to force upon Ireland THE FEUDAL SYSTEM, This was the only thread by which you could dis- entangle the painful history of those ages. Henry IL, while he made his treaties with Irish kings, made a secret division of all Ireland into ten Py tions and gave them to his nobles, though Irish hands and battle blades stood in the way of their tiing them for many a long year afterward. fa consequence an Englishman had the right to trespass upon Irish neighbor's roperty, and the Irishman had no redress in law. Further than this, a law was passed declaring that it was no felony to killan Irishman. And it was also impossible for an Irishman to buy an acre of land, nor could any land be left by will to am Irish- man, Would not Irishmen be the VILEST DOGS on the face of the earth If they had submitted aha tosuch treatment? What race wasit that were thus treated by Saxon churls’ Gerald Barry, speaking of the Irish, said, “I know of no grander race than the Irish.’’ The English, in dealing with the Irish, made the great mistake of forgetting that they were dealing witn the proudest race on the face ofthe earth. Granting, however, that anarchy had prevatied in Ireland for jour centuries, he (Burke) denied that the Irish chicf.ains had been the mere robbers Mr. Froude had stated them tobe. Their divisions had been the bane of their country, but they had at least been, as @ whole, patriotic and ood. = Father Burke, as he closed, was hailed with rap- turous enthusiasm. I And A NEGRO MUBDERER DESPERATE. Grant, the Negro Assassin, Objects ta Being Hanged=A Whole Posse Re quired To Put the Irons on Him. WESTCHESTER, Pa., Noy, 12, 1872, George Grant, the negro murderer who is to be bung to-morrow at this place, was ironed this afternoon. It was feared there would be @ great deal of trouble with him, as he had refused to let any one come near him and had hung a shawl over his cell door, The Sherif, with a posse of special officers thoroughly armed, went to the cell at one o'clock, tore the shawl from the door; and were in and spon him before he knew it. He had moved his bed to the door and broken the handcuffs on his wrists. It required half an hour to get the irons securely on him, and he was re- moved to another cell om the lower floor, He swears he will break all the irons they can pat on him, and, judging from Ym experiences with him, it seems no idle boast. men will watch him to- night, and it is they are able to guard bring to bear st them. The cell he formerly occupied was nearly broken through in several places, and he had a “billy” and a steel saw secreted in his cell when OITIZENS’ REFORM ASSOCIATION. The Citizens’ Reform Association assempied in their hall, 23 Union square, last evening, to con- gratulate each other on the great success which had attended their efforts for the election of honest and capable men in the late municipal contest. ‘The President, Mr. C. K. Deutsch, ina brief addres alluded to the important labors of the association in defeating the rings and combinations of unscrupulous politicians, who sought wer only to plunder the Panga Their entire na: tlonal, State and city ticket, iejacing. 2 and vemeyer, had been triumphantly e! and it was worthy of especial mention that the only democrat endorsed by the associat Thomas J. Creamer, candidate for Congress’ lathe Seventh Congressional district—had been elected, which showed conclusively that the 2 was in sympathy with the people and se! only, foromMcial positiona,| A. Stewart thanked men of character and Before the urnment . re! @ CAM) al ro} ay Candidate for Sherif Reve Fall Hou. & ie Deatecty SHOCKING DEATHS TO A MAN’S WIVES, Yesterday morning Margaret Betz, aged ffty- three years, fell down stairs at her husband'd house in Columbia street, Union Hill, and, breaké ing her neck, was almost instan' killed, | had been only six. weeks ‘The man' previous wife was burned to death six month ago. Coroner Parsiow holds al inqueate