The New York Herald Newspaper, December 13, 1872, Page 11

THE COURTS. LIABILITY QF BANKERS AND BROKERS. ‘The Long-Contested Question Decided at Last~- Bankers Dealing in Brokerage Business to Pay Brokers' Special Tax--- Important Decision by Judge Woodruff. THE PHELPS, DODGE-NELSON CASE. Recorder Hackett’s Charge te the Jury— ‘Was It a Burglary er a Larceny !—The Jury Could Not Determine—They Disagree and are Discharged— The Accused Still Held, INTERESTING BANKRUPTCY CASE. Attorneys’ Responsibilities to Their Cli- ents—What They are Profession- ally Bound to Instruct Them In— Inportant Decision. THE JUMEL ESTATE LITIGATION. Can Evidence of the Death of 2 Person Be Given on Common Report or Tradition ?— The Evidence Admitted—Evidence ag te the Likeness of Bowen, the Qlsimant, to Madame demel Inadmissible— The Case Still On. BUSINESS IM THE OTHER COURTS. ‘Sammaries—Damages for a Broken Leg—The Criminal Calender in Gyer and Termi- ner and General Scssions:—Decisions. Judge Woodruff wilt take up the hearing of ap. ‘peals in admiralty om the 23d inst., in Chambers, in the United States Circuit Court. Yesterday Bernard H. Smith ana Charles H_ ‘Wright were committed by Commissioner Shields Roawait the action of the Grand Jury on a charge Ofpassing counterfeit fifty cent stamps in lager ‘eer saloons uptown. When the prisonera were Arrested about five hundred doliars’ worth of coun- /texfeit money was found upon them. In the United States Circuit Court, yesterday, the ‘hearing of the case of George Washington Bowen fva. Nelson Chase was resumed before Judge Ship- (man snd a special jury. After some law points had {been argued and testimony given_the trial was ad- Journed till this morning. Judge Woodruff rendered a decision yesterday in the United States Circuit Court in the case of ‘Hiram M. Northrup and Joseph S. Chick va. Shert- ‘dan Shook, ex-Collector of Internal Revenue of the ‘Thirty-second district. In this decision the Judge hholds that bankers and brokers who deal in stocks, gold, bonds, bullion, &c., are liable to pay the tax ‘imposed under the act of Congress, and that such persons cannot be regarded as mere bankers, lia- ble to pay only the ordinary banking license. This Wecision settles sixty or seventy cases similar to ‘this one, which was brought as a test suit. ‘Three years ago John Courtney, while asaisting in ‘uploading cotton, had his leg broken. He brought wuit for $10,000 damages against the owner of a steamship line, through the carelessness of whose clerk the accident occurred. The trial of the case ‘was concluded yesterday before Judge Freedman, of the Superior Court, and resulted in a vervict for $3,600 damages, The trial of Abram Nelson, charged with making @ burglarious entry into the ofice of Phelps, Dodge & Co., and stealing therefrom a silk umbrella, was ‘finished yesterday in the General Sessions, Atter three hours’ deliberation the jury were discharged, being unable to agree on a verdict. Seven were in Savor of a verdict for burglary and five for petit Jarceny, LIABILITY OF BANKERS AND BRO- KERS TO PAY SPECIAL TAX. Important Decision by Judge Woodraft. . Yesterday in the case of Hiram M. Northrup and Joseph 8, Chick vs. Sheridan Shook, Judge Wood. ruff rendered a lengthy and important decision in the United States Circuit Coart. The action was Presecuted for the recovery from the defendant, who was at the tinte of the transaction im question the Collector of Internal Revenue for the Thirty-second district ot the State of New York, of the sum of $20,830 19, alleged to have been erroneously assessed upon the business Of the plaintiifs and paid. by them as taxes from Sep tember, 1864, to and including the sums assessed for July, and paid August 31, 1866, The amount was sasessed upon their sales of gold, stocks, bonds, bul- lon, bills of exchange and promissory notes be- tween the dates stated. It is not claimed that the amounts of the saies ‘upon which the assessments were made or the rate of the tax assessed were in any respect er- Foneous if the plaintitts were ilable to assessment ‘and tax upon the respective kind or classes of business done by them as bankers and brokers in &c, ground of the assessment was that the plain- tiff’ were bankers, doing business as brokers, within. the meaning of the act of June 13, 1964, and were ligble to tax upon all their sales of goid, stocks, &¢c., whether their own jan eas th the of others, The plaintit(s insist thet they ly, doing business under a license $s bankers, and not Hable to taxation uyee any,of their sales, and that although ye, le sale of the stocks, &c., belonging to ot! which were taxed, they wore therein acting as bankers only. ‘The sales im question appear to have been sales of property t to the plaintiffs, sales of gold, kB, Pe @ bel nds, Duilion, &c., transmitted to them by ndents and the same or the proceeds rawn against, insome of which cases sales of Me transmitted Property were made fimedi- ately and the proceeds at once lied te the peyment of drafts so drawn and others of ‘which the drafts were ted or paid, and the gold, stocks, &c., were held for a better market or await further orders, and in the meantime stood as their security for their advances and to rovide reimbursement therefor, In other cases here were no actual advances, but the property held for sale, and when sold by order of the ens pe NE proceeds Were placed to credit, subject ‘There were also sales of stocks made in pursu- fnce of an arrangement for what is called carry- Jug stocks on a margin, Wherever they, upon tlie deposit with them of a percentage on the amount of the stock, advanced money and purchased #tock for the dealer or speculator (who dealt in the hope of making a per by the rise in the market pricey) and held the same — to his order to sei, and finally ‘Rol the same for his account as to profit and loxs. These transactions were con- @ucted in the name bay? intifs, the name of the customer not being disclosed to those from ‘whom the stocks were purchased, nor to those to ‘whom the stocks were finally sold, Upon th purchases and sales they charged and receives hom the he usual commissions jor pur- casing and selling stocks for account of others, and the tax imposed ani paid to the United States on the sales was also charged to such customers. Mthe transaction showed « profit it was paid to the customer, With a return to him of the cash or security held a8 amargim. tf the traveaction re- sulted in @ loss the amount of such margin r turned to the customer was corresponding!y 1 anced. “Judge Woodruff, after adverting to the views ad- vi the trial by cownsel upon both sides, and reviewing them in detail, saya:—"I cannot doubt that it was the intention of Congress to yeueh and include what I presume constitutes very mueh the largest part of all the sales of stocks, gol) and some other pfuperty made in this country, and NEW YURK HERALD,’ FRIDAY, DECEMBER 13, 1872.-1KIPLE fa ¢: What i conasitated munch the ay plain' -Viz., specu- the very manner of the transactions I = considering—and I think —_ the te does include them. It from Pere dis tasers Seeks re taxol Re these sales.” The Judge also hotds that business as bankers only, and r eB license and per- ‘ogular cent fee mentioned in the act, are not hable to be taxed or assessect a8 brokers, Judgment must be eptexed for the desendant, ‘With coats. THE PHELPS-DODGE-NELSON CASE. a ee eee Recorder Hackett Charge=Was It Burglary or Larceny t=The Jury Can- mot Determine, Disagree and Are Dis= eharg: The trial of Abram Nelson, charged with burgia- rieusly entering the premises of Phelps, Dodge & Co., was concluded yesterday in the General Ses- siom&, At the termination of Judge Fullerton’s | speech Recorder Hackett charged the jury, as follows: RECORDER HACKETT’S CNARGE, Alther upon the facts this case is important to the people and to the class whom the complain- ants represent, as also important to the prisoner, who has shown up to this c! ter, nevertheless the case does not present great le; @ifficultics, According to the view you may take of the ponies testimony im credit. fou do credib any portion or all of im law be justifed tm render- mg a verdict of burglary in the third degree or petty larceny. Ifyou have reasona ble doubt of the burglary, but none of the petty laxceny, you may acquit of the burglary and con- Viet of the petty: larceny. If your reasonable dowbt should further affect the question of petty lareeny, you may acquit altogether. Good character avails some ti Says the Court of Appeals, in creating ‘The old rule used to be that good charac- only availed for consideration In a doubtful case. The new and uch more merciful one is that \cter may create a reasonable doubt where nothing else in the circwnstances of the case creates it, Yet the doubt must not be a fan- cifal one, nor a generalizing one, but such kind of doubt as may arise in a man’s own mind when con- sideri special tacts of life. “I doubt” has become aamuch @ mental fact as “I beileve,” and yet it would be didcult to define either phrase accepta- bly. Each applying the phrase to his ow# mental operat can best appreciate the mgening of “1 doubt” or of “I believe.’? The evidence of the burglary depends upan the testimony of Peterson solely. Icharge you that if you believe his he te an lice, amd al- thouga ‘ou may believe any or his testimony, even if it be uncorroborated, yet, in considering his testimony, the utmost cantion should be ob served Hy ee If you believe that the accused induced #1 ‘accomplice to allow him to enter the Hodge Coy and that in entering Ith prisouet nel intended to commit the crime of larceny, then, al- though the entry was without force, I charge you the acensed was in law as guilty of burglary as if ne had forced off a lock from the door of the com- eee store or done any other physical break- Ing upon the store, If you belleve, however, that the accused at the time in question, when he en- tered the offtce or store, did so without intention to steal or take any property or rs, bat merely to memorize tnformation, then, under the circumstances of Peterson’s story that he admitted the prisoner without violence, the latter was only a trespasser and not ® burglar. If you beileve that he entered as a mere trespasser, yet while inside conceived the ulea of ste: the um- brella described in the indictment, he is guilty of pants larceny, notwithstanding he was not a burg- r when he entered. ‘the intent is a pure ques- tion of fact for you. The pleading pins the poopie down te the intent of larceny when you consi the » A housebreaker may be arrested before he has a chance to touch an article of value, et he will be a burglar if the dircumstances of the soaking and Ing convince @ jury that it was done with am intent to commit such crime, “whether executed or not,’ say the writers on common law. Intent {s to be gathered from all the circumstances of the case. The intent, whether tres} or felonions, whether immoral and not illegal, has been ad- mirably and exhaustively argued on both sides, and on the evidence and arguments I leave the case with you for your determination. Itcan be but regretted that the Legislature in these days of ingenious crime had not taken into consideration ere offence against morals, decency and hon- orable instincts, similar te such as are charged to have been committed by the accused in the infamous course he to obtain the business secrets of the complainants, and enacted a law making such acts criminal, and opoe conviction attaching a severe penaly ; but it becomes my duty to charge you, a8 matter of law, that such facts alo io hot make the accused qullty of any crime against our laws, and, further, that Ro prejudice should be worked against the accused by any such considera- tions. THE JURY DISAGREE—THE POLIL—SEVEN FOR BUR- GLARY, FIVE FOR LARCENY. ‘The jury retired at one o'clock for deliberation, and were summoned into court at four o'clock. As the foreman stated 1 tag not agreed upon & verdict and that it would impossible for them to agree, the Recorder discharged them from the further consideration of the case. It was under- stood that the jury stood seven for conviction for burglary and five for petty larceny. Mr. Field moved that Nelson be discharged upon his own recognizance, The motion was denied, INTERESTING BANKRUPTCY CASE. An Attornecy’s Responsibility to His Cient—Important Decision by Judge Woedru®. In the case of Ferdinand Meyer, appellant, vs. Moses Herman, as assignee im bankruptcy of Maurice Bendix and others, appellees, Judge Woodruff yesterday rendered his decision. In this case the plaintiit sought to establish a lien and claim to the proceeds of certain personal goods upon which levy and execution upon judgment in his favor nad been made four days before the oe in bankroptcy was filed against the de- fendant in such judgment. The claim was resisted by ReIRTOneSy on be aa that when suit was broug! judg- execution issued and the goods, had resson- able cause to believe that tne defendants were insolvent, and that the | spect of the laintif were intended and would operate to give him an illegal (pela and defeat the opera- tions of the creditors. Judge 8 On to say that he be- tS 4 oe the bengingg ll i. 1 eee ee Bi attorney knew ving knowle: while cadeavorin to collect She debt. If the intor- mation of the ‘or’s insolvency 80 red is no Fo ap to securing a pre! there would be little effective vitality Mm the provisions of the Bankrupt Courts to secure equality among credit- ors. The knowledge acquired by an agent m the conduct of his employer's business is knowledge of his principal, ‘fhe judgment of the Court below is affirmed, THE JUMEL ESTATE CASE. ‘The Swit of Bowen vs. Chase=Law Points Argued. ‘The heartng of the case of George Washington Bowen vs. Nelson Chase was resumed yesterday m the United States Circuit Court before Judge Ship- man and @ special jury. Daring the proceedings of yesterday & question arose as te whether the death of a person could be proved by common report or tradition. Mr. 0’Conor laid it down as a general proposition of law that such evidence could not be offered. Mr, Hoar said that in @ case of this kind a party was entitled to the best evidence that could be Obtained. It be ve gow that Polly Bowen, sister of Betsy Bowen, died about seventy-five years ago. The persons who saw her die were all dead; and, therefore, the only evidence they could get of her deattt was common report or tradition, which now became not only the best but the only evidence they could offer upon the point. He proposed to offer the deposition of @ man who saw a cofin whieh he was told was made for Polly nt. Mr. O’Conor sald if there was & newspaper con- tail a@ paragraph abeut her death It might be offered ip evidence. ‘The Judge said that under the circumstances he should admit the evidence. Jerome Thompson, a Bere painter, was catied ag an expert to prove that there was a likencss be- tween the picture of Madame Jumel and the piain- tif, Bowen. ‘The Judge excluded this evidence. ‘The depositions of Molly Randel and Joseph Sweet, both over eighty years of age, were read, to the effect that they were acquainted with the plaintiff from lis boyhood; that they knew that he ‘was born in the honse of Kenben Baltou, and that Betsy Bowen restded there at the time. The further hearing of tue case was adjourned vill Chis morning, BUSINESS IN THE OTHER COURTS. —-——— COURT OF OYER AYO TERMINER. Picas, Convictions Sentences—Cleare ing OM the Criminal Calendar. Fefore Judge tngraham, Tienry McCann, shas Seotty, pleaded guilty to a arge of grand larceny in stealing forty yaras rarpet, valned at $100, tn November jast. Pris- oner admitted the robbery, and said he sold the carpet toa junkman for $8. The Court sentenced the prisoner to imprisonment with hard labor in the Staie Prison for four years. F. Allen pleaded guilty to a charge of petty lar- ceny in stenting an overcoat, Value $25, and was re 80 good # charac- | ruptcy law, whieh is intended to | I distribution of the property to the | SHEET. sentenced to imprisonment ip the Penitentiary for 6ix monthe, George Adler pleaded guilty to an attempt to commit burglary in the third degree, aud was sen- tenced to imprisonment with bard labor in the State Prison for two years and stx months. James Mowe parcee guilty toa like offence. The pris- oner, of respectable spnearance, said he wag urged to the commission ‘the crime by bad ac- quaintances, Sentenced him to the State Prison for two years, William McGuire and Patrick Dooley, jointly in- dicted for graud lareeny, pleaded guilty te an at- tempt thereat, and were each sentouced to the State Prison for two years and six months. Mary Jane Wuey, seventeen years, Who was indicted for grand lareeny in steaiing a pair of earrings and breastpin, pleaded guilty to am at- tempt. Her defence was that she took tbe things ta wear and returned them in a week, and the prosecutor admitted that they had been returned, ‘The Court senteneed her to six montie’ imprison- ment in the Penitentiary. George Sandérs, indieted for robbery from the person upon @ street car, was next arraigned. The case for the prosecation restea entirety On the evidence of the complainant, who ted that | he was drunk at the time, and the prisoner was proved to have hitherto borne an unexception- able character and to be a strictiy honest boy. The jury aeqmtted the priserer. Several persons pleaded guilty to indictments of burglary, robbery, &c., and were severally sen- jenmae ¥ the Court to various terms of impiisen- meni CLEARING OFF THE CRIMINAL CALENDAR. At the conclusion of yourardar's Droseasinae in the Court of Oyer and Terminer, Assistant D! trict Attorney Fellows announced that all the homicide cases appointed for hearing in that Court had been Sievcees of except those of Stokes, ScanneN and tag, and there remained for the Court of General is but one cause of homl- cide—that of Sharkey. SUPERIOR COURT—TRIAL TERM—PART |. Damages for a Broken Leg. Before Judge Freedman. John Courtney va. Frederick Baker.—The de- fendant is proprietor of the Merchants’ Steamship Line, running between this ity and New Oricane. Tn 1869 the plaintiff was assiating in unloading cot- tom at pier No, 12 North River, apd, as charged, through the carélessness of a, clerk of the defend? ant a cotton bale fell on his leg and broke it. Suit, was brongne for $10,000 damages. Simple as the facta would a) to be, it took three days to gee throngh the ce and addresses of the re to the jury, It took the jury, however, but a time to reach their conclusion, which waa a verdict for $1,000 for the plain tht. SUPREME COURT--CRAMBERS. Deeisions. By Judge Barrett. ae vs. Day et a.—Motion denied with $10 costs, Kee va. Barnett.—Motion granted with $10 costs, Bishop vs. Sargeant, Jr.—Motion to vacate order Of arrest denied with $10 costs. Sante vs. Waters.—Motion denied with $10 cont Whitehead va. Kennedy et al.—Same. Morria et al. vs. Coles et al._—Reference ordered to take proof of the facts, &c. Pitman vs. Kenny et al.--The answer of Mar- were Kenny ts adjudged te be trivelous, with $20 coat Iu the matter of the petition of George Gallagher et al., infants, &c.—Keport confirmed and order granted. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Larremore, Martin vs. Schlesinger.—Report of saie con- irmed, Catharine Ellis va. Heinrich Ellis.—-Divorce granted, Miller ve. Post.—Motion denied. O Donoghue vs. Jewett.—Application granted, 5 ‘The Master Stevedore’s Association vs. Walsh.— jame, Brown vs, Willard.—Decree of foreclosure. Al- lowance 2}, per cent. Reed vs. Bourier.—Motion to open default granted on terms. Lehman vs. Second Avenue Railread Company.— Application granted. eed vs. Young.—Same, Corvill va, hear ie a yotora ordered. Loew. Bissinger vs. viel Matton to vacate order of arrest denied. Bail reduced to $360, No costs to either party. COURT OF GENERAL SESSIONS. Aequittals. Before Recorder Hackett. Yesterday Charles Schmidt, tried upon a charge of grand larceny, was acquitted, the jury rendering their verdict without leaving their box. Terence McDonald was also tried and acquitted of an alleged larceny, the District Attorney, after hearing the testimeny, having abandened the case, Assault Upon a Woman—Five Years in Sing Sing. James Hanraban was convicted of an assanit aud battery upon Mrs, Catherine Thompson on the let of September, and was sent to the Penitentiary for three months. Grand Larceny. William H, Fells was tried and found guilty of grand larceny. The complainant, Mandel Kemper, who keeps a tailor’s store at 56 New Chambers street, testified that about six weeks ago the prisoner and two other men came into bis store, and while he was selling a skein of silk to one of the men he saw Fells put a piece of broadcloth worth $50 under his coat. held Fells and handed him over to two citizens, who took him to the station house. The evidence was soclear that the jury rendered @ verdict of guilty without leaving their seats. Fells, being an ex-convict, the Recorder imposed @ severe sentence—five years in the State Prison, A Felonious Assault—Sentence, Threc Years and Six Months. Thomas Carr was convicted of an assault with a dangerous weapon with intent to do bodily harm. Henry Rennie, om the 3d of November, bad a dim culty with @ shipmate, and, while thus iy ir ag Carr stabbed him in the back with @ knife, ini ing @ serious wound, The prisoner and the com- lainant were firemen on the steamer Huntsville. Tne Court sentenced him to the State Prison for three years and six months. | Burglarics, Larcenies and Sentences. Michael Sullivan pleaded guilty to an indict- ment charging him with stealing $70 in money, on the 17th of August, from Moses Christy, He was sent to the State Prison for four years, Jacob Walther, alins Ernest Hess, who,on the 7th of Oetober burglariousiy entered the premises of Jotin F. Busch, 16 College ce, and siole $91 worth of jewelry, pleaded guilty to sn attempt burglary in the third degree. Two years and six months in State Prison was the sentence, Henry Ravitch, James MeGuire and William Lynn, whe were charged with stealing $40 worth of, paper on the 9th of October, the property of Emmanuel Bloomingdale, were each sent to the Penitentiary for one year. SEFFERSON MAQMET POLICE COURT. Highway Robbery. A few evenings since George Thompson, of 33 Court street, Brooklyn, wae knocked down and robbed in one of the lower streets of the city. Charles Morse, of 190 South Fifth avenue, was brought up at jerson Market yesterday, charged with the offence, and committed to answer, Burglary. John Smith, of 632 East Thirteenth street, ana Patrick Murray were yesterday arraigned at Jefferson Market, charged with burglary in enter- ing the premises of Charles W. Bellows, 159 and 161 Cres street,on Wednesday night last, Murray was discharged and Smith held to answer. Henry Clarke, residing in Nimth avenue, near ‘Thir' fourth eet,, Was yesterday charged with burgiary at Jefferson Market, im forcibly entering the premises cf Isaac Dermott, 413 Ninth avenue. He was remanded for examination. UNITED STATES SUPREME COURT. eRe ee Expenses of a Ship’s Repair—An Army mtract—The Yo Semite Public Rescr- vation—A Suit to Recover on a Quar- termaster’s Voucher. WASHINGTON, D. C., Dec, 12, 1872. No. 53. McLellan and Dodge vs, Shinn et al.— Appeal from the Supreme Court of the District of Columbia.—This bill was filed by the appellants against Shinn and others as joint owners of a vessel, seeking contributions from Shinn for his share of the expenses of its repair. Shinn’s answer averred that he was interested in the vessel oniy by way of mortgage given him as security for an advance of money. On the tial deeree for con- tribution was awarded, bus the General Term re- versed the decree, fiueing that Shinn was mortgagee ont of possession, and holding him, therefore, not liable for the repairs. It is here conceded that if he was mortgagee out of posses- sion he was not liable; butit is insisted that he ‘was owner, aud not mortgagee; that he took an absolute bill of sate and had it recorded, aud, did acts of ownership, such as ratifying the acts of another part owner who hud insured the vessel. But if be is held to be a wortgagee then, it is con- tended, he Is a mortgagee in possession ail lahle tocontribution, Having derived his intercet from @ part owner it is said the possession of the other part owner was his possession, Curlisie & McPher- gon for appellants ; appelices not appearing. Wo, 64, Smith va, The United Stavea-- appeal | home | chased the trotting horse Tom fhumb, which she from the Court of Claims.—The claimant con- tracted 20 furnish 40,000 guns for equipments as Per sample. Subseqocntly the War Department , established a commission “te audit an@ adjust all | contraeta, orders aud claims oa that department | im reapect to ordnance, arms and ammunition. | ‘The contract of the claimant was sent to the com- 1, ane thercafter the governimen} refused to receive further arms in acecordanee with its terms. Upon an adjustment by (he Claims Commisston as to the guns received Suuith was allowed luc $16 | Instead of $20 per gum, which be received and | receipted for, The claim in Court was for the } contract ie@ of the arnis delivered and tor damages for breach of contract as to those not delivered, The Court found that as matter of fact | that the proposition to reduce the price of those | deliverea came from tue claimant himself, and that he promised to release the gevernment (rom apy claim as to the balance to be delivered under the contract if the money of the reduced rates was f, The judgment was .or the goverment, aud t is here clamped that the Seeretary of War had no power to establish such a comuission, and (hab ita , compromises are not binding. James Huges fer appellant, @ BH. Withams and M. McMichael for the government, No. 435. Hutehings vs. Lew, Governor, ct alb— Error to the Circuit Court for California.—In June, 1864, Congress granted the Yosemite Vatiey to the State of California, to be hela aud improved by the | State asa public reservation. Prior to this grant | Hutebings settied pow a tract in the valley em- bracing the particular premises in question, intending to purchase under the pre-emption laws. The Court below hela that the settlement on the tract by the plaintis? in error did not aifeet the ower of the government to of the land as t had aove, and the judgment was for the State. The writ of error maintains that Congress, in framing, the valley to the State, could not divest he right ef Hitehin: under the Pre-emption Jaws; and wt t# seid that if the government is bound to protect the settler after he has com with all the requirements and paid for his lan: it is bound to protect him at every siage towards the procuring of hia title, The condition of final payment is no more vital or sacred either to the settler or the government than any of those which recede it. George W. Julian for plaintiff in error; . L. Goold for defendants. No. 65. Alten et al. vs, The United States—Ap- peal from the Court of Claims.—The claimant sued to recover on certain quartermasters’ vouchers, copies of which were appeuded to the petition. The Court found that the vouchers were regular in all respects, establishing a prima facte case against the government. The defence was that Russell, Majors and Waddell were indebted to the United States, and were insolvent, and had made an a3- signment of their property to the appellants tn trust Sor the t of thelr creditors; thatthe appellants had solda portion of this perty to the govern- ment, in payment of which the vouc! sued for were issued, and that the United States, being entitled to priori piparment In cases of assign- ment for the benefit creditors under the provis- tons of the acts of Congress, could set oir ust the vouchers the indebtedness of Russell, Majors & Waddell to the government. The Court sus- tained the defence, and it is here urged that the unliquidated claim ‘of the government against the firm—a claim that had never peen established nor prosecuted to judgment against the insolvents— conld not be made a valid set-off against the vouch- ers in this case. James Hughes for appellants, G. H, Williams and Morton McMichaet for govern- ment, No, 523, United States va. Smoot, and No. 524. Smoot va. United States—Appeal and Cross- Appeal from the Court of Clafms.—Smoot recovered a judgment against the government for $20,000 in the Court of Claims for an alleged breach of con- tract in refusing to accept of 2,000 cavairy horses which, by special contract, he was to furnish m Chicago in and fatlea to recover on another contract fer the delivery of 2,500 horses at St. Louis, From the judgment of Fecove the government. jpeals, and from the latter judgment the claimant appeals, the gov- ernment Claiming that the horses were never offered for inspection under new rules promulgated for that puspose. and the claimant contending that the new lea, having been established after the making of the contract, did not apply to him and were not conclusive as against his demand. B. F. Butler and James Hughes for claimant; G. H. Wil- liams and C, Hi. Hill for government. A DEADLY BLOW. - Another Probable Murder in Brooklyn— Critical Condition of James Boyce. ‘The HeRap of yesterday recorded the fact that another citizea of Brooklyn had been wantonly felled to the earth by a skull-crushing blow dealt by the hand of same unknown scoundrel. The victim of the outrage was James Boyce, a young man, twenty-eight years of age, who pursues the occupation of truck driver and boards with his aged mother at 62 Priuce street. It has been as certatned since the occurrence that Boyce, who waa WaNnIEy to a young woman who is living with a famliy in South Brooklyn as a servant, was im the habit of visit! her each evening and was on his way rough Sixth avenue when his attention ‘was attracted by screams which proceeded from some vacant lots off that thoroughfare. The cries for help were evidently those of a woman and Boyce, actuated by kin and humane tostincts, ran into the lots and there saw two or three men standing wp. One of them STRUCK BOYCE ON THE HEAD with a club, it is believed, and knocked him down. Thev then beat and kicked him until he became in- sensible, This was about ten o’ciock and the un- fortunate man Jay bleeding on the cold ground for an hour. At the expiration of period he was discovered by a citizen, who informed the police of the fact and Boyce was removed to the Tenth precinct station house, Flatbush avenue. Here he was attended by a sur- geon, who succeeded in restoring him to consctous- hess, when Boyce related the circumstance of the axsault and asked to be taken to his mother’s house im Prince street. The back of his head is beaten to a pulp, and a@ deep indentation on the left temple marks the descent of A SECOND MURDEROUS BLOW, Boyce, who is under the care of Dr. Briggs, was delirious last evening, and but very slender hopes are entertained of his recovery. ‘the injured man was very temperate in his habits, and is repre- sented as being of an inoffensive disposition. The police are, exerting their best energies and detec- tive sk (?) to fathom the mystery and obtain a clue te the who have so soon forgotten the fate of Rodgers, 01 the Battle Row gang. ABOUT TWO WEEKS AGO s MURDER IN MASSACHUSETTS. A Sportivg Man Killed by [fis Brother-in- Law. {From the Hartford Times, Dec. 11.) Jn our third edition last night we made brief mention of the terrible marder of Alexander Thompson, well known in this city as “Sandy,” which occurred at the Asbley Pond House, Holyoke, Mags., a notorious place kept by Thompson. The house is situated between Holyoke and Westfield. ‘The murderer, Charley Stearns, is the brother-in- law of Thompson. far as can be learned the deceased had quarrelied with his wife about her opening a cluset which he had locked up and which the woman hard afterwards broken oper. Thony son went into the dining room, where his wi! was turning out @ cup of tea for her brother, Stearns, who was eating his breakfast, Themp- son went up to his wife and satd:—What aia B rad open that cupboard for?” and commenced choking her. Stearns got up trom the table and interposed, when Thompson pushed him a struck him. Stearns then seized a carving knife, which was lying on the table to cut bread with, and struck Thompson two fearful blows, one over the head and another in the chest, the latter bein about six inches long and the one which cause death, Stearns then dropped the Knife and ran, follewed by omaty Who fell on the doorsteps, His wife and one of the female inmates of the house ts him up and placed him on a bed, but he died fore they laid him down. Molly, the girl, atonce started for medical assistance, taking a horse ue: the murderer secompanying her to Chicopee Bridge, where he jumped out, took the ext train jor Springfield, and although active Measures Were mstituted no further traces of Dm had been discovered late last night, Stearns is a medium sized man of about thirty-two, with dark hair, chia whiskers and mustac! He wore @ark clothes, black slouched hat and a light over- His sister (Thompson's wile) was anxious, cording fo the girl's statement, jor her brother te escape, and bade him never to let her sce his face again. ec 1, on reaching Chicopee, se- eured the attendance of Dr. Shepard, apd tien drove to Springfield tor further medial aid. She was in a state of intense excitement, and inquired Of the officers Who questionod her if they supposed she would be arrested. Thompson was warried in 1869, and though he item guarrelied with his wile, the couple lived as happily together as people of their class usually do, He was @ powerfully built man and quite ny ist. Among the gambling fraternity, of Witich he was a member, be was considered a peaceably inclined man when sober, but if aroused when unuer the influence of liquor was a man io be feared. He was always free and gener- ous with bis money, even at the time he was work- ing at his trade, a8 a carriage paluter, at which he earned large wages. Last Summer his wife pur- was qoing to give im to-day as @ present, this be- ing lils thirty-second birthday. Stearns, the murderer, has worked on the farm a year, and has been considered a quict and rather simple man, bat would giways ipteriere to protect his sister, Bhe ones applied jo: matter was finaliy settled, Considerable sympathy ia wanifested for the murdercr by the town’s peo- ie. He was seen ia Springflelt, and it was hought came to this city on the “scoot” train, vere 4] noo n. but this is Bot certain. | © country ib all direc- | which arrives just had beem hereon Tu ‘The officers are gcourl: tions for bint, | Gxtremely light aud durable. Tt was raid thathe | d Funeral of the Victim ef Tuesday's ‘Tragedy—Pathetic Scenes at the Ser Vices=Maud Merrill” Buried in Green- Weed Necropolis, The funeral of Mary Ann Foley, generally kaown as Maud Merrill, the rnfortmnate girt wha wae shot ané killed by her uncle, Robert k. Bleakley, at No. | 10 Nefison place, on Tuesday tast, took place yester- day from the oMce of the undertakers, Messrs. Senior & Benedict, Carmine strect. ‘Tne bady of the deceased was enclosed ina very handsome satin-lined black walnut casket, with silver mount- ings, and upon the plate was engraved the fortow- | lug inscription :— LOLEEE TOLEEE SE LELOIELEIELOLE RELL LOL ELITE EL bt MOR § MARY ANN Fo! ? Died December, 10, 1872, Aged 2. “4 Qeeresssrsese as se seaee ess tt tb Tttt OC REOO EEE EO ED Upan the covered portion of the casket were two beawlifnk wreaths, compesed of camellias, tube roses and sprigs of jasmine, testimonics of affec- | N ; Hon from the sorrowing associates of the deceased girl. The remains were surouded in snowy satin amd the tout ensembie indicated that no expense | had been spared upon the funeral by the mistress of the house im whieh Miss Foley resided at the time When the assassin’s bullet crushed out her young life. The head of the casket was open, and save for a few red spots, burned by pow- der, upon the left cheek of the corpse and the wax-like pallor of the features: it migbt have beem readily supposed she was peacefully sleeping. The sister of the murdered girl, Lottie Smith, was present, in com. pany with about thirty of the fair but frail siste hood to which the deceased belonged. All were richly attired in deep mourning, and evidently felt honestly impressed with the solemnity of the seene- It was quite touching to witness the sympathy and solicitude they all displayed towards Miss Smith, whose grief was terrible to witness as she bent over the remains, hysterically sobbing, ‘hy sister; oh! bas, or sister.” Shortly alter one o’clock the Rev. m J. Brouner, pastor ot the North Baptist church, in Christopher street, arrived in order to perform the funeral service, Credit is due to this gentleman for the Christian charity he evinced in readily consenting to ate, aa several other clergymen, who had been called upon, refused to tender to the deceased the last rites of the Chnreh, on account of the erratic course she had pursued in life. Mr. Brouner opened the ser- vices by reading a few passages from Moly Writ, among them bet the parable of the wise and foolish virgins. In an elaborate and touehing prayer, that seemed to pierce ita way to the imner- most recesses of the stricken hearts or his hearers, he asked the Almighty to send in mercy Hts truth among those congregated in the room, to forgive them their sins and take them to His fold. He then, in a brief elegtac discourse, referred to the past life of the unfortunate girl then cold in death efore him, aud urged, im kind and sympathetic words, those present to remember well that the Wages of sin is death, but that the Redcemer liveth and He would forgive and take to Tis bosom those who turned from evil and lead lives of purity. Throughout the serv there was not a dry eye among those assemble many of the unhappy sisterhood becoming almost hysterical when the divine spoke of home and friends, of childhood, and lessons incuicated in yanih forgotten in maturity. Prior to the casket wing closed forever, each one of the friends of the deceased Kissed the clay-cold Itps of their late sis- ter in sorrow, and turned to minister to Miss Smith that sweet sympathy which makes even the most fallen Woman appear angelic. The casket was thea removed to the hearse, following which were several carriages, and all that was mortal of poor “Maud Merrill” was conveyed to its last resting Place in Greenwood Cemetery. NEW ZEALAND TRADE WITH INDIA, The Broce (N. Z.) Heraid-—pubdlished at Toko- mairiro—of the 16th of October, publishes the fol- lowing important and novel piece of commercial intelligence :— The success which has attended the establish- ment of the Mosgie! Woollen Manufactory has far exceeded the most sanguine expectations of its warmest well-wishers. Weare glad to learn that an order been received from ‘alore, in India, for white serge and tweeds, and it is grati- lying to learn that the establishment of a large trade with that country is anticipated. We eve Mr. burns, in coming out irom Britain, had a fel- low passenger from Southampton to Gaile, who was the head of a large firmin Bangalore, and with whom he became on terms of such intimacy as to lead Mr. Burns, in talking of the new enterprise be was about to start in Otago, to promise to send patterns, which he accordingly did. The result ‘was the order referred to, and we have no doubt every effort will be made to foster and develop the trade. The foundation of an addition to the fac- tory has just been laid for a building 80 feet by 44 feet, and two other smaller ones, respectively of 23 feet by 12 feet and 32 feet by t6 leet. ‘These build- ings are in addition to that just completed, which is a building 36 teet by 16 feet. F[PHE COSMOPOLITAN, AMERICAN A Drinking Bar, No.4 Rue Seribe, Par visiting Paris are’ informed that. the fained for the best American and English drinks Pro- prietors, G. VALENTINE & CO. BURNITURE, IMMENSE STOCK OF of Furniture, Carpets and Bedding will be BM, COWPERTEWALT & CO.'S, 159 Chathain street, including a very large assortinentot Par Suits. Payments received weekly or monthly bargains for ca: KVERY DESCRIPTION | und at T DRAWING-ROOM. SUIT, tyle, covered brocatels, cost $450 for do. $50; Etay Be Paintings, Bronzes’ Chav mrty iMimdly leaving city. Fitth avenue. RICH PARLOR SUTT, CO3T $409, FOR $200; ONE for $100; Rep Suits, $60; Bedroom Suits, $50; Pots ie Per yard: Basement and Servants’ Furnuture less than halfe ost, in lots, at residence 120 West Twenty- third street. BEDROOM SUITS, $20; PARLOR SUL sip alia, $40); Brussels Carpets, Se. yard of elegant Puruiture, cheap tor cash, Private 124 West 26th st, MARIE ANTOINETTE STYLF. CRIMSON SATIN Parlor Suit, nearly new, cost $450, for + one do. 10; walnut Suits in reps and brocate), $50 and $35 Pinnoforte, Paintings, Bookcase, Turkish Chairs, Loun; carpets; Chamber Suits, $2) up; Mat initure, ‘lees than halt cost: property 13 West Eighth street (Clinton ue, ¥ v % West Fifteenth street, near residence tre: 1 family’ leaving cit Place), near sixth a} LARGE ASSORTMENT OP CARPETS, ture and Bedding, at lowest cash pi nn weekl; instalments, at O'FARRELL'S Wareho: 20 Teighth avenue, corner of Twentieth street. {STABLISHED 2% YEARS. 4 ture, Furniture.—Great barg: BROTHERS’, 542 Hndson street. “A large varievy ot wood and black walnut Parlor Sets, covered in all of satin and reps; which will be sold at reduced prices until January 1. Re- member the number, Hudson street. The Kighth enue cars pass the door, f rose. colors ONTHLY OR WEEKLY PAYMENTS—CARPETA, Furniture, Bedding, ae. DBALY & CUNNINGITAM, 6 Third avenne, near Twenty-cighth sweet, ny other house in the city. N Prices lower than g 38 and Al —STANDARD A + and the Phelan & jons, manufactured and tor sale only by the inventor aud atentee, H, W. COLLENDER, successor to Phelan & Col 7 nder, RST CLASS 5X10 LED BILLIARD TABLES at $350; rirst class plain 5xi) Tables at GEORGE £, PRELAN, No, 7 Barclay street (REAT REDUCTION IN PRICES.—THE “NONPA- H reij and other new designs; first class Sxl) Tables $80) and upwards; second hand Tables cheap, KAVANAGH & DECKER, corner Canal and Centre sts Yume WAR ENDE. AMERK DA DECISIVE VICTORY. N INSELTUTE PAIR, boyz. cowp 4 phheelal Medat awarded to the “NONPAREIL” BILLIARD TABLE AND CATGUT EDGED CUSHIONS, over all others, inclvding the several ‘styles of “bevel” tables ane “wire” and “combination” cushions, ‘andl “comb QUESTION SETTLED AT LAST. Read the following extract trom the Judges’ ‘report: “the table exhibited by Mewrs, Kavanagh & Decker, and known as the “Nonpareil,” is a very elegant specimen of woenihe mary beauttfa) and graceful in form, of great sirengi, and la the composition of its cushions and me- chanical construction of the framework Is entivied to and receives the recommendation of the uages as being supe- rior to all others exhibited, and worthy of a spectal award.” A true copy of the report on fle, IOHN W. CHAMBERS, Seeretary. is FRENC patent wire cushions, dow; 086: eet, where buvers with good Fos at low prices: second han plete tor $ ‘all and exam'ne, WANTED TO PURCHASE ED—ONF: OF MOTP'S 9 GALLON PORTABLE Furnace Kettles: sceond hand, In good order. treet, New York. DENTISTRY. DTELY PAPNLESS,—TEBTH without gas, chloroform of ether. Combi Buphet gets $10. 216 ond Fifteemth streets. Es BERHARD & SMITH, avouue, between Fourteepy tublisbed 24 years. _ ASTROLU! ci BUSINESS: a ueb ives a Swen eighth sueui, Near Fourth ave } | i | | A. i]: | furnished, either singly or en suii 115) _ eo ib TO. LET FOR BUSINESS PURPOSES. A —THE BEST CORNER STORE IN Elanrif aa avenue, Co ggen 4 co f Pe cnerig 5 Be; wats up 1 c thee stares dry goods, clothing or irae stare, wet plow did location for almost any business; will let it from now ew for @ toy or Store, &c., B86 @ reasonal ROR PAMILY HOTEL, LOCATED ON & mminent thoronghfare, ‘near Broadway and in «date vieinity of Fitth Avenue and Clarendon -. wih! be rented for three yeary and the Furniture and Good WiN sold, For yarticulars apply to E. LUDLOW & CO., No. 3 Pine street. ARTIES WISHING TO OPEN FIRST CLASS dern Stores, on the west side of Kighth avenue, ome and examine soine Lhave to rent; x79 5 dterate; leases will be given, Apply ab Si Bighth HEN BRANEG. A 4 ZX. nue, sonie of the tnest Stores in the elt ing Apartinents afiached; heated; Large plate dows; rent moderate. Apply at office 9 Sixth avenve. ESK ROOM TO LBT.—A PIRST RATE CHANCE nts. Apply at the office of the No. 2 Ann sireet, GIEAM POWER SY Roo ms, 25x40 2 3 Apply to NOH LI-LIGHTED FLOORS to tet, im the finest tre. rent ‘moderate. Inquire at 219 rc venti avenue. ITEAM POWER.—ROOwW PRY DESCRIPTION to letor lease, with Seam Power. Apply to H. W. REENB, 282 Plymouth street, Brookiyn. THE FA 313. AVENUE A, between Nineteenth and Twentieth streets, large 4 story buildings, covering about 2 lots; ample steam be , &e. Inquire at 214 East Fifty-tnird street and on be premises. \-AT MODERATE RENT, STORE 26 BI treet, with privilege in basement, &c.; posses ‘once; admirable location for paper, metal or other JAMES PRICK, 2) Hudson stres OW, STORE AND DWELLING 156 WEST f Broadway, near Canal street; very eligible location for second class trade; also two three story brick Tene- ments, suitable for 15 families; freshly painted and elean- JAMES PRICK, 200 Hudson stree x © BROOKLYN OR JERSEY CITY HOUSES WANTED— In exchange for two Country Residences, one hour from Chambers street, Owner, W. 8. PIERSON, 90 Pine str: 16i.—-TO _ PHYSICIAN! DEN- Two adjoining Rooms on first floor, f AVENUE, ©) tists, Miltiners, ke wit Pri e PTH AV 9) i ENUE.—LARGE CORNER STORE, NEAR Twenty-fifth street, with or without Basement, to Terms and rent very favorable; size about 28x115 Immediate sion. V. K. STEVENSON & SON, Pine street and 226 Fitth avenue. feet, iY) DWELLING HOUSES Furnished, FULLY FURNISHED HOUSE, IN THIRTY-FIFTH 4A street, near Park avenue, be rented for the Winter or longer. OGDEN & CLARK, oad way, corner of Seventeenth street. NUMBER OF FURNISHED AND UNFUR- d Honses, for season or yea! holce localities; low rentals. Apply to WILLIAM TUCKER, 220 Firth ave- nue, first door above Tweuty-sixth street QURNISHED HO GOOD LOCATIONS; MOD- erate rents; Furnished and Unfurnished Flats to let, for Winter or lon; Apply to WILLIAM J, COLES, 1,207 Broailway. OUSE TO LET AND FURNITU FOR SALE.—A H nice high stoop brown stone; e! nished: new; rent $1,800; price, Furmiture Twenty-sixth street. Unfurnished. rooms; fur- 000. 7 East A HOUSE, 40 TWENT! lt STREET, 13 ROOMS, AA. $2.00); 110 Twenty-second street, 17 rooms, $2,400; doth near Fourth avenue and in perfect order. Apply at ¢ 133 Kast Twenty-second street. MORERS HIGH stoor IML House, down, tow provement; In good ord ___SAMES NO, 17 EAST FULL FRONT DWELLING to rent; 15 rooms; every im- ) Hudson street, NTH STREET, FEW rom Union squai t side, four stories, in complete order; would be leased for suitable business purposes. F, BLANCHET, 294 Sixth avenue. TPO, LETCHARMING, FRENCH ROOF HOUBB seven minutes from Liberty street ferry; all modern improvements; 12 rooms; rent'$50 per month. Apply to . aM. CAPEN, 30h Broadway. FURNISHED ROOMS AND APARTMENTS TO LE’ SUIT OF SMALL REAR ROOMS TO LE nished; also single Room, without board, to Zt At 44 Union square, adjoining Westmoreland tlemen. Hotel. T 110 WEST FORTY- somely furnished fron! flights: water, gas, furnace, heat, &c,, at $3 per week, without board; gentleman only; family private, A FLOORS—PARLOR, SECOND OR THIRD—FUR. Zh. nlshed neatly for Hight howsekeeping or board, or will divide into suifs or single rooms. Reasonable rates. ¥TH STRERT.—A WAND- ‘oom, with alcove, up two 35 Great Jones street. A LONB WIDOW WOMAN WILL LBT TO A LADY a furnished Room, with use of si home com- “all at 432 Seventh avenue, near Thirty-tourth st 7 TLY PURNISHED, COSEY, SUNNY, FRONT m_to let—At 735 Broadway ; ‘rent, including fire and light, $5 per week. Inquire on thira floor. ANDSOMELY FURNISHED PARLOR AND BED- room; also single Room, for gentlemen, without board, inthe new first class house 636 Seventh avenue, junction of Broadway and Forty-fourth street. ICELY FURNISHED ROOMS.—PARLOR AND ONE ‘ov two Bedrooms, fire, gas and all conveniences, tor Flnilemea lodge or Nght heusckeoping; ret Soar: $ West Sixteenth street. ‘ont Room, with gas, rent $10 per month. 16 Variek at ‘A NEWLY FURNISHED SQUARE ROOM AT ha ive or gentie- ROOMS, tl TED, FRONT AND BAC hot and colt water; to eption Ry West Forty: LET—EURNIS on the first oor; ro and wives or. si for a does t, newr Broad suitable third stre 10 LET—A FINE FURNISHED PA room to two or three gentlemen, one door irom Variek. E., 164, NEAR TWENTY FIRST STREET. y furnished Rooms to let, singly or en suite; floor. Keferen EAST NINTH STREET, BETWEEN UNIVERSITY piace and Firth avenue. Three double two sin- Rooms, suNnY exposure ; hotand cold water; hand- e gle somely turnished ; day boarders accommodated. BOND STREET, OPPOSITE GRAND CENTRAL Hotel.—Furnished Rooms for gentlemen only; $12 per week, with fire $8 No mea! 13 EAR COOPER INSTI- ry desirable front Rooms convenient te restau STUYVESANT STRE! tute and Broadway: rants and cars. 230 STREE ©) square. rithout bo: MES EXC ‘Ils, ONE BLOCK EAST OP MADISON ly furnished large upper Room to “1; southern exposure; prive moderate, ai ete 27 NION SQUARE, WEST.—TO LET, TO GENTLE men or for business purposes, handsomely fr Dished Rooms, on second and third floors, with elosets, gas, water, de, Apply to Miles. LYONS & MOUNLJOY QQ EAST TWE A NTY-SECOND STREET, NEAR BROAD. way.—To let, a large, handsomely turnished Room, With fire and gas, Without board, to genitionten only. QQ EAST IWENTY-SIXTH STRERT, SEAR MSDI- OO son square Room, suifable for one or two gentlemen, without bo: AY WEST FOURTEENTIL = STRE OS Fifthand Sixth avenues.—Mand. Parlors and Bedrooms, on second anc third floors, for gene tlemen, without Board ; newly painted aud furnised. EAST NINTH STREET, BETWEEN BROADWAY d University place.—Parlor Floor to let, far jogether or separately, with or without the use of WAVERLEY PLACE, NEAR WASMINGTON square.—Furnished square Room to let tor light jortably furnished attic Room ; hot and colt water, bath, &. WEST SIXTEENTIL STRIE 10 honsekreping ; also 1B FUR. ‘ 1 142 nished Room for two gentl n gentioma: | ant wite: grate fire, hot and cotd water, batt, une, de, 1 { 4 AST FIV? NTH STRE PURNISTED +0 m, for two gentlemen, on second floor, #4 week; to $5. House first class. WEST TWELFTH STRERT.-1O LET, FULLY furnished, to @ small tamily, Second Hour and two Rooms on third toe 166 —THIRD FLOOR TO 5 y) containing three roonis, closets, bach, & 666. ; rent $109 pes monch, NEAT TITRPY-SIXTH vont Rooms and Bed. nd colt water, amd Ye RNISHED ROOMS AND APAR a TO LET. TO A SMALL PIRST alt tietinter OmTice 998 SiKt ily : anit of 8 re ith street. ; T CLASS FLOORS, ON BROADWAY, ENT near Phirty-econt street, consisting ot Secon’ i hroom, Hot and cold water, ‘J Third Miners, with & closet, gas fixtures, & YH STREE 14 eabte 8 bath roonts; hot an Address H. box 48 =() WILL RENT A $50 House, fie lneatio riers and every meder YORK OL, COMPAN d OMPLETE FIRST CLASS with bath, laundry, double finprevement. Inq 163 Maiden lane. given that the Committee on I W Board of Aldermen wilt meet in room 8 in th on Friday next, tho 13th inst, at Fo'elock Ps Me, constleration of the proieet of introducing salt into the city 01 York, for extincuisning fires and other purposes. Ali persons interested In the sabject are boreby Dolbiie ty be present at the abeve named Ume and c@ Withes.t iu ex wotitention Y, worata DANIBL D. ¢ SAMS MobAR! Committee qu Publi water Works,