The New York Herald Newspaper, February 6, 1873, Page 5

HE COURTS. THE JUMEL ESTATE CASE. Rebutting Testimony for the Plaintiff—Mr. Gideon J. Tucker, Attorney for the Plain- tiff, To Be Examined at His Own House by a Commissioner, 23 He is Suffering from the Effects of a Fall Caused by Vertigo. UNDER THE JUDICIAL JUGGERNAUT. Wholesale Arraignment of Indicted Mur- derers in the Court of Oyer and Termi- ner—Subterfuges of Counsel for De- lay of Trials Not To Be Tolerat- ed—Speedy Trials the Order of the Day—Case of Simmons, BUSINESS IN THE OTHER OOURTS.. Important Decision by Judge Joachimsen, of the Marine Court—Proceedings in the Two Branches of the Court of Gen-' eral Sessions—Decisions. ‘The hearing of the case of George W. Bowen vs. Neison Chase was resumed yesterday in the United States Circuit Court before Judge Shipman and the special jury. The Court, on the application of counsel for plaintiff, made an order for the exami- tion oi: Mr. Gideon J. Tucker, attorney for the plaintiff, at his own house, Mr. Tucker having, a day or two since, broken two of his ribs by a fall while suffering from an attack of vertigo. Evi- deuce in rebuttal having been given for the plain- tim, the case was adjourned till this morning. The only connection which Messrs, Maitland, Pheips & Co. have had with the case of Mr. Harvey Barnes, alluded to in our issue of yesterday under the head of “Charges Against a Sugar Merchant,” ‘was that the bills of lading for the sugars seized by the United States Marshal nad been advanoed upon by the bank in Demarara, for which they are agents, and forwarded to them as collateral Security for the drafts on Mr. Barnes. - Dr. Julian A. Julian, a druggist keeping a store @t the corner of Pearl and Centre streets, was taken into custody yesterday on a bench warrant. The Doctor has been indicted for sending an ob- scene circular through the mails. He was held in bail by Commissioner Shields. Aman named John Murphy, serving as a seaman on board the English steamer Canada, was brought before Commissioner Shields yesterday on a charge of stealing wine on board that ship during the re- cent passage across. The accused was discharged, the Extradilion Treaty with England not covering that offence. Yesterday, before Judge Blatchford, in the United Btates District Court, in the matter of Henry W. Trowbridge vs, Meyer Londner, which was a suit to throw the defendant into bankruptcy, there was a verdict by the jury establishing the act of bank- ruptey alleged to have been committed by the de- fendaut. ‘The new Grand Jury in the Court of Oyer and Terminer have evidently entered upon their labors vwith most hearty and commendable zeal. At the opening of the Court yesterday they presented five indictments for murder in the first degree. ‘The Parties indicted were pramptly arraigned by Judge Brady_to plead, and all pleaded not guilty, of course. ‘The Judge furthermore notified counsel that no pre- texts for delay would avail with him, but that they must prepare ev vuce lUr triul, pelore the adjourn- ment of the Court the Grand Jury also presented an 4ndictment for murder in the first degree against Jobn E, Simmons for killing Nicholas W. Duryea, and, to meet the contingency of his release on bail by the Coroner, a bench warrant was issued for his arreat. i The question raised by counsel on the opening day of the Court of General Sessions, Part 2, that the Court, in changing its place of meeting from its ‘accustomed place in the old brown stone building known as the New City Hall to the Old City Hall, was not @ legally constituted. Court, has excited, it appears, grave doubts in the mind of Judge Sutherland as to the propriety of holding the Courtin its newly-chosen quarters. He adjourned the Court over yesterday in. order to examine the statutes bearing upon the matter and also to take confer- ence with other judges. He will, probably, make -known' his decision this morning. THE JUMEL ESTATE CASE. The Suit of Bowen vs. Chase—Rebutting Testimony for the Plaintiff—Mr. Gideon J. Tucker, Attorney for the Plaintiff, Gets an Attack of Vertigo at His Own House, Fails Down Stairs and Breaks Two of His Ribs—His Evidence To Be Taken by Commissioner Stilwe ‘The hearing of the case of George W. Bowen ys. ‘Nelson Chase was resumed yesterday in the United States Circuit Court before Judge Shipman and the mpecial jury. Mr. Hoar, Mr. Chatfield, Mr. Shaffer and Mr. Sawyer appeared as counsel for tme plaintiff, and Mr. Charles O’Conor and J. ©. Carter for the de- fendant. MOTION GRANTED TO EXAMINE MR, GIDEON J. TUCKER AT HIS OWN HOUSE, IN CONSEQUENCE OF A FALL - BY WHICH HE BREAKS TWO OF HIS RIBS, Mr. Hoar, addressing the Court, said he had now ‘to apply to His Honor for an order to examine Mr, Gideon J. Tucker at his own house as.a witness for the plaintiff. Mr. Tucker had met with an acci-” dent which rendered it impossibie’ for him to at- tend in Court. He was seized with an attack of vertigo a few days since and fell dojrn stairs, breaking two of his ribs. He (Mr. Hoar) hoped the Court would fix the examination for tive o'clock.that evening. Mr. O'Conor replied, and in.the course of his ob- servations said that this man (Gideon J. Tucker) had accused him of the foul practice of EMBRACERY, getting on the jury some friends or cronies of his ‘who would be subservient to his purposes, degrade themselves and prostitute the administration of Justice to please his interests, Not satisfied with that, Tucker contrived to get A LIBELLOUS AFFIDAVIT ‘against him (Mr. U'Vonor) into one of the news- papers of the city when the principal editor was absent. He (My. 'Conor) cared nothing for sach amMdavits. He carea nothing at all for such im- putations, His point was that they were uot to have a five o’clock in the afternoon examination, bat a full one. He insisted that Tucker was the man who made the affidavit for the first private exami- nation in this case. Counsel for plaintiff interposed and said that he did not see what this had to do with the case. Mr. O’Conor said tie Court had seen that Tucker had made the affidavit on which Joseph Pery was | Srat privately examined without notice. He made @second affidavit, on which it was thought ad- visable to examine him publicly. Tucker was the Man who had not hesitated to scatter FIREBRANDS and aim at the destruction of any man, however intact, who stood between him and success in this case. Could his examination be short or brief? He at was who had prodaced this man Pery, though he now tried to show that it wae Mr. Chase who had put that witness upon him. ie (Mr. O'onor) did not care for his own sake; but for the sake of Justice to the defendant they insisted that they had & right to @ fil examination of this gentleman, The examin: tion shonid not be a curtailed one. He (Mr. O’Conor) must Say that he had been anti- cipating something of this sort at least for a week, OF something worse, Let them have an opportu x NEW YORK HERALD, THURSDAY, FEBRUARY 6, 1873.-TRIPLE SHEET. mity of examining the olient or associate of the learned gentleman (Mr, Hoar), who, rather than George W. bowen, ie the nvify in the present action. If it was necessary could adjourn the y case over to Monday, go tliat they should have the benefit of a full examination of Mr. ‘Tucker. Mr. Hoar observed that he had nothing to do with those private quarrels, with the ,rieis, pains or sur- rows of either Mr. Tucker or Mr, O’Conor. Whether Mr. Tucker had accused Mr. O’Conor of being no better than he should pe, or Mr. O’Conor charged Mr. Tucker with being A GREAT RASCAR, was a matter with which he had nothing to do, He would not consider those statements, but con- fine himseli to the trial of this case it he could.‘ He understood counsel w assent to the motion tor the examination of Mr. ‘Tucker. The slightest intima- tion trom defendant's counsel that they intended to cross-examine fully would be acceded to by the faint, He tally admitted the right of the de- lendant to cross-examine to any extent that was desired, and he thought they would find Mr. ‘tucker ready rapidly to respond to all proper questions. They desired that the examination be un et once, as time was getting to be important. he case had now occupied double the time he supposed it would when be came into it, and he should ask that the motion be granted, so that they might begin the taking of the deposition tmmediately, as, according to the doctor's statement, Mr. ‘Tucker might be attacked with fever. Mr. O’Conor remarked that it was doubtful whether they should be set to work at five o'clock this afternoon, aiter working all day im Court. If fever was likely to set in in regard to Mr. Tucker, they would commence taking deposition at five in the afternoon, Judge Shipman said it was obvious that this ap- Plication must be granted. ‘The examination might probably be finished this afternoon, but if it was necessary to continue Mr. Tucker's cross-examina- uon to-morrow (this day) the proceedings in this case would have to be suspended till Friday, Coun- sel Would thereiore iniorm the Court upon this point at its sitting to-day, and if Mr. Tucker's ¢1 0ss- , exafuination was not then concluded the jury would be discharged until Friday morning. It was then agreed by counsel.on both sides that the deposition of Mr. Tucker shoule be taken by Mr. Stilwell, the Deputy Clerk of the Court, who Was authorized to bring with him from the files such papers and documents as either party re- quired for the purpose of the inquiry. RELUTTING EVIDENCE FOR THE PLAINTIFY—TESTI- MONY OF MARY ANNE WILKIE. Mary Anne Wiikie sworn. Examined by counsel for plaintitt. She said:—I reside at Fort Washing- ton; was at Madame Jumel’s in 1856, when Mr, and Mrs, Pery returned from France ; in 1862 remained there six or seven months; was away ior some time until I went to live In the gate house; thas ‘was alter the Madame’s death; leit the gate house a year ago last June; had been employed to wait upon Madame and as seamstress; know Mr. Chase, Mr. and iars, Pery and Mr. Willlam Chase} Mr. Unase lived at the mansion;.I first saw Mr. Pery when he came from France, and I saw Mrs. Pery at the mansion. Q. On what terms was Madame with Mr. Chaso and Mr, and Mrs, Pery? Mr. O’Conor wanted to know what relevancy this had to the case, The Court allowed the evidence, telling the wit- ness to state what was said and what was done be- tween the parties, The witness went on to say that in 1866 Madame and Mr. Chase seemed to be on good terms; he used to Kins Madame when he was going out, but Madame would say that that kiss did notcome from his heart—that he was Judas, working ior himseli; in 1862 Madame put Mr. Chase and Mrs. Pery out of the house, and would not sec them tor a good while; witness said she had been accused of aliowing Mrs. Pery into the house by means of false keys, but that was not true; Madame said that Mr. Chase, his daughter and his son were all robbing her and trying to put her out of her house; did not hear Madame say that the Chases were related to her; she said that Mr. Chase had plunderea her of all her papers, of allof Aaron Burr’s papers; that Mr. Chase had taken all ier apers and given them to Mr. O’Conor ; she said that r. Chase was nothing but a little cur dog for Mr. O’Conor— (laaghter)—Madamesoid her silver or the best part of 1t, So that the Cnases could not get it; Madame went down town with a girl named Mary | McDonnell to sell it; saw Mary McDonnell about a month ago at witness’ house, and these were the words Mary McDonnell expressed; Madame said that the Chases were nothing but an encumbrance, eating her out of house and home; Madame said that she could not trust Mr. Chase to go to the bouksfor $50; she said she could not trust any of them. Counsel for plaintiff offered to prove by the wit- ness that Mrs. Pery toid witness to shut the gate against Madame’s bastard, and not let him in. ‘the Court excluded the over, Examination continued—Had a conversation one evening with Madame about Mary, as she always called her, Mr. Chase’s wife; Madame complained that Chase was nota good head to Mary—that he used to be out late at night, that he used to drink, and that when he came home he would beat his wife, who dared not tell Madame about it; tne witness made further statements in regard to Mr, Pery having asked her husband to set fire to the fences, so as to get Mr. Chase back to the house; about Mr. Chase and Mr. O’Conor “plotting” to take Madame’s property from her, and Mr. Chase hav- ing made enough in the Forrest case with Mr. o’Conor to support himself. Cross-exajitned by Mr. O’'Conor—I went to the mansion in ins. and remained there until 1856; I went there im the Fall of 1855; 1 leit in 1856; when Ts, Pery came from France i went there again; Iwas married in 1657; 1 saw Mr.,Pery and his wife there. while L was single; I was there iu 1856, and Saw Mr. Pery, ard remained but a few days; and the next time I went there I was the mother of two children; during the first six months I was there Madame and Mr. Chase were united; he would kiss ner every ony but when his back was turned she would speak Hh of him; she would scoid him at the tea tablu but he would make no reply; she treated Mr. Chase badly; when I went there the third time, when my husband was gardener, Mr. Chase was there, for he drew up @ written agree- ment between Madame and my husband; this talk about Mr. Chase and the Perys, about taking all Madame’s property and eating her out of house and home, continued all the time I was there; I re- member the time the barn was burned; Mr. Uhase Was not there at that time; the Perys were not there when ,the barn was burned; I never heard Mr. Pery propose to any one to burn the fences; I did not see any one put Mr. Chase eut of the man- sion; it was 1862 that Madame said Mr. Chase and Mr, O’Conor had got so much moncy out of the Forrest case that Chase could aiford to support him- selfand pay for his board; my husbana was only one season in Mr. Ghase’s employment; he did not pay any rent tor the gate-house; Mr. Chase took my husband to Yorkville Court to put us oug; my husband was on good terms with Mr. Chase; while my husband was away with rr. Chase on his marriage tour Reuben Vandervoort and Mr. Garvey came to see me; and ir that Mr. Gideon J. Tucker came to gee me in the gate house, in the evening, When théy were lighting the lamps; Mr. Chase saw him coming out; Mr. Chase insulted him; heard Mr. Tucker say, ‘Thank you, Mr. Chase, | always Was counted as a gentleman.” Mr. O’Conor—People sometimes make mistakes, you know. Pine 0] Witness—Madame said that Mary was a good, in- hocent woman; that she had brought Mary up to- hard work; that she had charge of the dairy; that she would make every one work; she said that Mr. Chase was a murderous villiain—(laughter)—she said that Mary was her adopted child; that sne Was a dear angel; that when she was dying she (Mrs. Chase) asked Madame if she would take care of ner children, and she said she would; then poor Mary died, and she was happy; witness added that Mr. fucker came up there on another oc-asion to gee her, and brought Mrs. Vandervoort with him. Mr. O’Conor said ne had no further questions to ask the witmess, The Witmess—I am not tired. (Great laughter.) Mr. O’Conor—You seem to be very angry that I do not ask you more questioi for you are quite willing to auswer. (Kenewed laughter.) TESTIMONY OF JAMES DUEFY. James Duify sworn, examined by counsel for jlaintit, Ie said:—I know Madame Jumel; was in’ er employ for about two months and a halias coachman; that was in 1862; Mr. Chase, Mrs. Pery, Mr. Pery and Mr. William Chase were not there then; Madame gave me a pistol and told me to keep‘them out; I got ammunition, and had builetg; did not shoot any of them; Madame told me that the Chases were ne kindred or hers; I kept the gate locked; Mr. Pery got in on one occasion; I used to let him in sometimes; he said he wanted to get in to see Madame; 1 did not know how the drawers and bureaus were kept in the house; Madame showed me the “Washing- ton Room,” im which there wasa bed; she said there was George Washington's room—George Washington Bowen's room—and that no one should sleep upon it until he aid, Cross-examined by Mr. O’Conor—On the last trial I was called as @ witness for the plaintiff; I did not then say ® word about George Washington Bowen's bed. Mr. O’Conor—You may go, Counsel for plaintiff (to witness}—Why did you not state itt Mr. O'Conor objected. uestion ruled out, ir. O'Conor said that the witness would be a better one the next time. TESTIMONY OF ANNE MILLER. Anne Miller testified that she heard Madame say that the Chases should have none of her money; that Mr. O’Conor had been there, and that Mr. Chase wanted her to make a will, but she sald she would not do it; she told her that if Mr. O’Conor came there to siam the door in his face, but wit- ness replied that she did not like to do that. TESTIMONY OF DAVID WILKIE. David Wilkie deposed that he was with Madame Jumel as coachman in 1853, at Saratoga; she said that the Jones’ and Mrs. Trankell were no rela- tions of hers; she said to me one day, “Do you see that fat woman there (Mra, Trankell)?”’ I said “Yes; she said, “She is nothing to me; you are more to me, my boy, than she is.” After they came back from France ste said she would not leave Mrs. Pery @ cent, because she had i used her in France; she satd that Mr. Chase was not paying for what he was eating; Mr. Pery told me in 1862 to break down the fences and set fire to them to get Mr. Chase back; J did not do so; there was a fire at the barn; Mr, Chase was not at the place then; Madame said, in the summer of 1862, Chase was away and she would npn one away; she said Mrs. Pery was no relative of = Wh Cross-examimed—When Mr, Pery applied to me to burn t#e fences there was no Foe Pyreogat but the two of ns; this Occurred up at the mansion, in- side the gate; wasexamined on two former occa- sions. and did not state anything about Mr. Pery proposing to me to burn the fences, Mr. U’Couor read from @ previous deposition of | the witness to the effect that he had heard Madame Jumel say Mra, Chase was an angel, and that when she was on her deathbed she went to see her; that se asked her if she would take care of ler two children, and Madame said she woula. oot witness admitted that he made that state- en Henry Nodine recalled—! saw Colonel Bogardus take command oi the militia, and-put them throu exercises on Harlam Heights in the war ot 1812, Witness made statements in regard to his previous testimony, The further hearing of the case was adjourned till to-day. ARRAIGNMENT OF MURDERERS. Six Indicted Murderers Summoned to Plead Before the Court of ‘Oyer a ‘Terminer—Speedy Trials the Order of the Day—Indictment Found Against Simmons and « Bench Warrant Issucd for His Arrest. On the reassembling of the Court of Oyer and Ter. miner yesterday morning Judge Brady showed that he intended to carry out to thé letter the de- termination expressed in his charge to the Grand Jury on the opening day of the term, to bring to speedy trial the murderers now filling to repie- tion the City Prison. He gave counsel distinctly to understand that no subterfuges of delay would avail them, but that speedy trials were the order of the day, and that when their cases were called they must be prepared for trial, The Grand Jury, too, have shown most commendable promptitude in the discharge of their duties. On the opening of the ‘Court they presented six indictments tor murder im the first degree. The parties against whom the indicuments were found, with like premptitude were summoned before the Court to plead. In order not to interfere with the trials of Scannell and King—the former of which {s set down for next Monday and the latter the Monday following—none were placed on trial; wut the Judge gave their counsel to understuud that as seon us the trials of Scannell and King were fluished they must be ready to go on at a moment's notice. THE KILLING O MAUD MERRILL, The first person arraigned was Robert Bleakley, indicted for the murder 0: his nicce, Mary Ann Foley, alias Maud Merrill, at a house of ill ame in Nelison piace. Mr. William F, Howe, the prisoner’s counsel, in- feenoned @ plea of not guilty. . Phelps, District Attorney, said he was ready roceed with the trial at an early day. ir. Howe said he could not enter upon the trial without proper preparation, He would be engaged as counsel for Mr. Scannell next week, and, besides, ad been reisined as counsel in a number of other homicide cuses in which the indictments were found prior to the present one. Judge Brady said that it was his intention to hold counsel to strict accountability in using all que diligence to be in readiness in the trials of criminal cases. He would therefore notify Mr. Howe to enter at once upon his preparauons to try this case. Mr. Howe said he would consult with the District Attorney and arrange for the day of trial. ALLEGED HIGHWAY ROBBERY AND MURDER. John Lynn and James Fitzpatrick were next arraigned to answer the indictment for murder in the first degree in kiliing Artnur Eaton. It will be remembered that Eaton was walking up Broad- way, in the vicinity of Thirty-iourthystreet, When the prisoners attempted to rob him. Eaton in defend- yng himself was struck on the head by one of the prisoners, and subsequently died from the effects of his injuries. The prisoners through their coun- sel, Mr. Howe, pleaded not guilty. No ume Was specified for the trial, DIED FROM A STAR, Charles Cordes was next called to plead to the indictunent ior murder found against him. He is charged with having caused the death of John Damon by a stab wound. Mr. Howe pleaded for him not guilty, and he was told tu step aside, no time being set for his tril. A CHRISTMAS WN! James Fitzgibbons was tuarraigned. The in- dictment against him is for wurder in the first de- gree in Killing Michael O’Hara, The homicide eccurred on Jast Christmas night, and the alleged murdeyer’s instrument was a hatcuet. ‘This prisoner was uiso represented by Mr. Howe, who entered tor him a plea of not guilty. In this case tue day of trial was also not fixed, ALLEGED WIFE MURDER. George Schittin concluded the list of arraign- ments, Ile is charged with the murder of his wile. it will be remembered that, coming home unex- pectediy, he found a strange man in bed with nis wie. The mau escaped, but, as charged, he struck his wife, knocking ber down. She was tound dead; but the claim is taat she fell agaist the stove, and that this caused her death, Mr. Howe, the prisoner's counsel, recited the facts as above stated, and insisted that at best the crime could not exceed tat of manslaughter in the fourth degree. le asked, therefore, that the prisoner be admitted to bail, in the meantime pleading not guilty to the indictment, Judye Brady said that he would leave It with the District egy to investigate the lacts of the case and rely on his jadgment in the matter. THE CASE OF SIMMONS. After the above anraignments and pleas the Court took a recess until two o'clock, When the Grand Jury again came into Court and presenved @ further indictment. ‘This last imdictment was one ef murder in the first degree against Jonn E. Simmons for the murder of Nicholas W. Duryea. A bench warrant was at once issued for the arrest of Simmons, and thereupon the Court adjourned till next Monday. BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS. Decisions. By Judge Davis. Montegriffo vs. Hoopke et al.—The motion to set aside the qudamient thust be granted, The juag- ment was irregularly entered without assessment for damages and for the whole sum named in the undertaking, with interest. This was erroneous. The former order by exonera*ion ought to be opened and an opportunity given to the plaintiff to be heard. There seems to be some sharp practice ail around, and I shall give no costs of the motion. By Judge Barrett. Wiles vs. the Mayor, &c.—Memorandum for coun- to HOMICIDE. sel. ‘rhe People, &¢, ex rel Francis P. Osborn vs. Artemus 8S. Cody.—The motion tor a mandamus is granted, witnout costs. Pittsburg and Idaho Gold Mining Company v Francis F, Oram.—The motion ior leave to re! | i band wio would have to bring an'action for addition to that a compensation for t 4s an entire stranger to the defendant in ‘he suit. There is no rela in of landlord or ianaut expressed cr implied between her and the owner. ‘The sta uve of 1:62 makes Personal ia uries ant the action ‘or thom the exctusive Property of ‘he wite, aud if, there.ore, the damage in this action is to be consivered as aris ng from | lation of aduty impo-ed won this defendant by. ¢ could not cian the benefit ot it; it would herservi exan ! tor the payment of ine Licines, av., so that she stands in the position ot astranger to the owner oi the roperty, coming on to hat property and suffering an in- ury tor whut she claims was a neglector violation ot duty ‘on the part of the owner of the ireehold. Whether she can recover in this action depends upon one of three ques- tions, all three of which have been raised by the counsel for the defendant. Inthe frst place the counsel forthe de endant claiins that Mrs. Tuafbrink was guilty of con- tributory negiivence. It is certamly an absolute rule of Jaw thai it a party plaintitt is quilly of contribu ory negli- ynee inany degree he cannot recover; but | catinot ee ai in this case there is the slightest evidence of contrib tory nezligence, unless to call the ident that ha Peed to her contributory negligence. ‘If she contrib to the accident ‘by any act of her own. then there would be a ‘air claim ‘for contributory ne} gence; but upon the evidence as it stands ldo not see h is contributory negligence is to be charged to her. She Was standing upon a chair, taking down the clothes, in samme manner as in the mornitg of that day she put them up. How the chair alipped is not shown in any way, except that she says she tell, caught hold of the ling and Knew nothing until she was picked up; and none o} the witnesses tesiity that she in any degree contributed to this a except that she wax on the piazza, stand- len {ng (on a chair, which is not “negligence ih any tense of the Word. She had a right to be there; her legitimate employment, and she way pursuing the accident which supervened was not brought about by her heeligence. The next point which is made by the detenice, iy that when a party goes in and is upon pre- mises hé isthere at his risk, the same as @ purchaser buying personal property is bound by the rule of caveat emptor. If that be so, then we must consider that the rule of cazent emir has tWo very important issues attached te itin favor of the safety of personal property, that i Where a party sells personal property for notirishment; for instance, flour; the law implies that the flour so fur- nished shall be sound. tar ag that is concerned. theretore, if the rule of eaveut empwr is adopted and spply to real estate, you must necessarily impress upon the érections or buildings the qualification that a fenant Who hires or @ person who renty them does not go there at his own risk yd? opt buthava right torely thatthe lace is ina sate and sound condition, The complaint ¢ Was not in such & condition, and ot caveat emptor does not apply. Th Surd sppand ot detence is that the detendant hi thom with ihe plaintiff—owed her no public or privat duty. Ifthat was the law the plaintiff could not recove! but IT have examined the fendant, which was Tound of contribu Which does not exist in healbgense, this case, and as regards the other ruling, the prevailing opinion certainly is at variance with two other Geueral Term decisions of the n Pleas, in which Chief Justice Dal: liyered the opinion, On’ the other hand, the auth cited by the plainiiif do not seem to mo,to be at all @able. The plaintiff assumes that there was a common law duty upon the purt of the owner to keep a tenement y him in a condition that a tenant should b; Possibility come to harm. The cases cited whiere rail- Toad companies transport passengers are not authorities in this case, An owner can build up as high as he ancient lights, has a perfect right to do ash nevery respect, provided he does no wrong to others, ‘ihe Court then read trom what is known as the laws creating the Department of Inspec: tor of Buildings. The tourth section ‘of the act repeals, not the act of 1862, but rep certain ts commencing wath the year 1866 and all acts or paris of acts inconsistent with the several provisions of this last act relating,to the construction or alteration of buildings in the city of New York. Ihoid that the forty-firet section of the act of 162 and the thirty-seventh section of the act of 1871 are con- sistent and: that the act of does not In any manner Fepeal or impair the public duty created by the act of 182. Then arises this question of tact in’ this case, “Was this part of this structure in question at the time im an unsate or dangerous condition, from an; cause? What ls the evidence on the subject? The evi- dence is that the rail which had been put uj on that piazz., apparently as a protection in case of accl- dent, had been there for seven years, and therefore must have been erected since the act of 1862 was passed; that it was not constructed in the best mechanical man- ner and was not fastened very securely, and when the roas it or over itshe simply tell against it. Now, it this had been a sate railing, well constructed, hor fall would have been prevented; she would not have fallen into the yard, but ‘only from the Against the rail; but, it was, this Woodwork immediately gave way and went down with her into the yard, and by this fall she broke her ribs, and was confined to her bed. The owner was by law bound to have this railing in an absolutely safe condition. But {t was not safe, for the very first time its safety was tested it went by'the board. Under these circumstances I think I wouid to an injustice to the plainti if E should dismiss her complaint, 1 think she is entitled to recover, on the ground that the owner of this property did not pertormn his duty to the public. To be sire, Mrs, achran, this defendant, did not erect these premises, but she bought them—bought them as they were, and as a mutter of eourse assumed all the burden of the un- satety of the construction, just as she would be bound to assume any lien or encumbrance upon the title, which she had nottaken care to inquire about. She might have had this hi xainined and satisfied herself whether it sute condition, ‘This she did not do, ‘as that is concerned, there are thousands houses from day to day in the city of though they make @ survey and have thelr tities examined, never look to see Whether the buildings are safe and comply with the Fire and Build- ing laws. It is my duty to see that these jaws are entorced for the benefit of the community. Under the circumstances I think the plaintiff is entitled to judg- ment, and I will, therefore, award her $45, the aniount she bas laid out for medicines; $5 a week tor what she could have earned for twelve ‘weeks, making $0), and in e injuries she has ersonally sustained. She was in a suffering condition jor nearly three months, I think if I give her $15 a week for her sufferings it will be quite |i I there- 5 eases: PPose, 80 of others’ buyi New York whi is granted. The motion to vacate ot of arrest is therefore denied, The bail is reduced to $3,500 and $10 costs to pliintitt, to abide event. By Judge Ingraham. Charles Johnston et ul. vs, Watson.—Motion for received granted and receiver appointed, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Friedman. Buckhartsmaier vs. Buckhartamaier.—Motion granted. i Carrell vs. O'Brien.—Order granted. Atwood vs. Lynch.—Same. Judge Sedgwick. Devlin vs. Devlin.—Keferred back for further evi- dence, especially on the point of the identity of the Witnesses. Coleman vs. Coleman.—If the counsel on either side wish @ decision in the case the testimony should be handed to the Court. "Mahoney vs. Belmont.—Motion granted. By Judge Monell. Spitz vs. Falk.—Findings settled, to be engrossed for signing. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. yy Judge Loew. E. B. Phelps vs. F. P. Perkins.—Memorandum for counsel. In tue Matter of the Petition of the Receiver of Taxes.—Same, The People, &c., vs. Mary McDonald.—Motion granted, MARINE COURT, Important to Owners of Tenements and Their Tenants. Before Judge Joachimsen. Acase was tried some weeks ago in the Marine Court in which, later, Judge Joachimsen rendered @ decision of great importance to owners of tene- ments and their tenants. It was the case of a Mra Tombronk, occupying rooms in the tenement house owned by the defendant, a Mrs. Sarah Bachran. The opinion was of considerable length, the Court reviewing and citing cases and decisiens bearing pon the action before him. It appeared that | the plaintiff had upon a certain day gone on the common piazza of the tenement to hang some clothes upon the lines attached thereto, In taking in the clothes later in the day the chair on which she stood toppled over against the railwork of the piazza, which at once gave way, and she was precipitated into the yard, re- ceiving some severe injuries. The law points in the case—the responsibility of the plaintiff on the one side and the alleged corroboratory negligence of the defendant on the other—were argued at length by counsel, and the whole question, pro and con, ably reviewed by the learned Judge, Judge Joachimsen said:— The complaint in this case is that Mrs. Catharine Tom- bronk, the wife of Anthony Tombronk, who is a tenant of the defendant, suffered personal injuries by reason of ai ineuificlent protection on the piazza of the building 17 Cannon street, In this elty, trom which, by ident, she fell, with the railing, into the p yard, ‘As & ‘matter of course, under Statute ag it stands now, the tenancy of the | husband cannot be taken’ into consideration affecting the right of the plaintift in this suit to recover. Under ous statutes she. so far as this action is eoycerued, | chance. fore render judgment in tav defendant for $285, with co COURT OF GENERAL SESSIONS—PART i" Series of Acquittals. Before Recorder Hackett. The calendar of this Court yesterday contained ordinary prison cases, and most of the accused parties were acquitted. The first person placed on trial was Charles Fletcher, a colored waiter on board of the steamer Daniel Drew, who was charged with stealing a pocketbook containing $51 from the state room occupied by William McCammon, a res- ident of Albany, As there was some doubt about the guilt of the accused, the jury gave him the beneit of it, and rendered a verdict of not guilty. Bridget Kane was indicted -for an assault with intent to pick the pocket of Pauline Werner, on the loth of June, at A. T. Stewart's store. The accused showed by a number of respectable witnesses that she was & woman of unexceptionable character, and the jury hake) acquitted her, Joseph D. Carroil was tried and acquitted of a charge of stealing a broche shawlon the 10th of January, 1872, tae property of Margaret Lavin. The singular fact came out in the course of the trial that the accused, who is a pedler of shawls, visited the premises of the complainant and offered to sell her the shawl eight months atter she claimed that it was stolen by somebody. The woman and her friends claimed to identify the shaw! as her prop- erty. A verdict of not guilty was rendered with- out any delay, His Honor intimating that the ac- cuséd was innocent. Cold Cream and Cold Comfort. John Griffin, James McGuire and Thomas O'Brien, who. were charged with stealing a pot of cold cream from the dwelling house of Edward D. Jennings, 323 West Tweifth street, ple: guilty to petty larceny. These prisoners were cach sent to tne Penitentiary for six months, Assault and Battery. Francisco Vallori, an Italian, charged with cut- ting Andrew Breslin, an inmate of the Emigrant Refuge, Ward's Island, on the 30th of December, with @ small koi Pleaded guilty to a simple assault and battery. He was sent to tie Peniten- tiary for sixty da: A Stabbing Affray ina Saloon. , John Keating, who, on the night of the sth of November, stabbed Jobn Manning in the abdomen with a knife, at Van Dyke's saloon, in Catharine slip, was tried and convicted of an assault with a dangerous weapon with intent to do bodily harm. In consequence of the previous good character of Keating, and from the fact that Manning had pre- viously threatened to kill him and was known to be a dangerous character, the Kecorder modified the sentence to three years’ imprisonment in the State Prison, A Policy Seller Pleads Guilty. John Lund pieaded guilty to an indictment charg- ing him with selling a ticket ‘or a public lottery, at the premises No, 42 Peck slip, on the 9th of De- cember. ‘The prisoner stated that he had nothing todo with the premises, and that he only hap- pened io be in*there and made out the ticket tor Omicer Aigaier, who purchased it. The Recerder remanded Lund for sentence. COURT OF GENERAL SESSIONS—PART 2, Question as to the Pruper Place of Hold=- ing the Court—Taking Time to Hunt Up Authoritics a: Judictal Advice in the Matter. Before Judge , Sutherland, This Court reassembled yesterday morning in the chamber.of the Assistant Aldermen in the City Hall. On taking the bench Judge Sutherland stated that the statute called to his attention on the previous day by Mr. Howe, compelling four weeks’ notification in the leading city papers be- fore changing the place of hoiding the Court, and pedi) ated notification in order to give the Court jurisdiction was absolutely necessary, had left him tn grave doubt as to whether the Court as then and there held was a legally constituted Court. inorder to fully settle his mind on this joint he had decided upon adjourning the Court till he could fully eXamine the statutes applicable to the case, and also to consult with other judges. An adjournment was accordingly ordered, Forged Union Pacific Income Bonds, Before Judge Dowling. One of the first cases tried yesterday morning was that ofa man named William Ellis, alias Lorin’ White,who was Ciarged by John J, Datel, cashier of the banking house of J. & B. Painter, of 147 Supe- rior street, Cleveland, Ohio, with selling forged and counterfeit bonds. As Mr. Datel alleges in his complaint, William Ellis called on him on the Vith of July ast, and presented fiiteen $1,000 =Union Pacific income bonds, On the 19th of July Bilis called again and received $15,000 in payment. Last November Date dis- covered that the bonds were forged and counter- feited. Ellis was traced as far as Philadelphia, but was not apprehended until yesterday, Mr, Date Was going through Wall street and met Ellis by He apprehended him at once, and, with the assistance of Officer Doyle, of the First pre- cinct, took him in custody. When the prisoner Was brought bejore Judge Dowling he denied his | o'clock tdentity, and said it was all a mistake; his nume ‘was not Lilis, but Loria White, He then demanded an examination, which was not granted at the ume. tndge Dowling remanded the prisoner to ailow the complamant to produce the necessary proof. JEFFERSON MAK T POLICE COURT. Two Ladies Go Sl. Riding and Drink Too Much. On Tuesday Mrs. Elizabeth Silberberg, of 328 West. Fourteenth street, and her daughter Anna, a woman of about thirty, went out Jor a sleigh ride through the Park and Harlem lane. The party stopped at Point View House, Florence's, Mennin- ers and several otuer pincee where the ladies, it is alleged, partook of some spiritual comfort. Shortly alter leaving the last place calledsat on the return home Mrs, Silberberg became uncon- scious, and had to be assisted into the house. On recovering her senses she found that her pocketboox, containing $119, was gone. She immediately had Francis Smoth, the driver of the sieizh, arrested on suspicion of taking the pe The prisoner was brought before Justice Ledwith, at Jeterson Market Police Court, yestec- day, and stated that both ladies drank too much while out. He had first tocarry the old lady into the house and then had to drive the yor one to Twenty-second street, where he also’ wi obliged tocarry her into the house, and while doing so had Iris buffalo robes and blankets stolen. ‘The driver was held in $300 bail to answer. Domestic Intelicity. Mrs. Victoria Simonson, of 108 Clinton place, knewn in the city asa writer and as having given readings, as well as an actress during a recent season, summoned her husband, Isaac Simonson, a@ realestate agent at 50 West Thirty-first stree! for abandoument, Some two years, ago a bill o! separauion was signed by both parties, at the re- quest of Mra, Simonson, who had since lived apart .from her husband, and had held the occupation alluded to above. Being new in failing nealth and unable to su; rt herself, she had been com; eiled to seek the ad of the Court in compelling ber husband to support her. Simonson stated that he was not in good circumstances, hay- ing given the only property he possessed to his wife. Justice Ledwith asked Mrs, Simonson on what sum weekly she would be able to get along. She replied that, with the assistance of her friends, she conid get along on.$5 per week, Simonson as- serted that he was unable to alford this sum, and, aiter some discussion, agreed to give her §2 per week, which sum wes accepted by the complainant, courT CALENBARS—THIS DAY. Supreme Court—SpeciaL TeRM—Hela by Judge Van Bruut.—Demurrer No. 34.—Law and fact— Nos. 100, 103, 164, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 1z1, 122, 123, 124, 125, 128, 127, 128, 129, 130, 181, 132, 133, 134, 135, 130, 187, 138, 139, 140, 141, 143, 144, 145, 147, 148, 149, 150, 151, 152, 263, SUPREME CouRT—Circuit—TimaL = TERM—Part 2—Held by Judge Barrett.—Nos. 10863, 604, 1148, 1150, 1152, 115244, 1164, 1160, 1158, 1160, 1162, 116245, 1164, 1168, 1168, 1170, 1172, 1174, 1176, 1178. SUPREME CouRT- , 1 Ingraham and Fanche: 7, 192, 194, 199, 202, , 205, 206, 20 6, 217, 218, 261, 219, 220, 221, 222, 223, 224, 225, 226, 227, SUPREME CouRT—CHAMBERS—Held by Jnage Davis,—Nos, 20, 25, 68, 80, 112, 160, 174, 177, 190, Call 252, Court oF CoMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Daly.—Nos, 1696, 866, 59, 1366, 68, 1051, 1156, 374, 2495, 1721, 763, 506, 2807, 1247, 1854, 1303, 1685, 512, 1649, 612, 613, 1618, 1092, 1644, 50, 1709, 164, 328, 1352, 290, 1256, 1599, 1760, 1617, 1936, 133" 21, ¥212, 135. Part 2—Hela by Judge Loew.— Nos. 1706, 1751, 1797, 1790, 1741, 1753, 1560, 1560, 977, 1596, 1802, 1803, 1804, 1505, 1806. Courr or Common P) Equity TeEkM—Held by Judge Larremore, 6 SUPERIOR CoURT—TRIAT Judge Monell,—Nos, 493, 1231, 1799, 1921, 1927, 1899, 1129 J. 2—Held by Judge Van Vor 5s , 1492, 1940, 1608, 1: 1674, MARINE CourRT—TRIAL TRRM—Part 1—Held by Judge Joachimsen.. #2, 1278, 1114, 1302, 1230, 1224, 1362, 1864, 566, 1074, 1852, 1292, 1370, 1372." Part 2—Hebi by Judge Shea.—Nos, 1243, 1247, 1415, 1239, 1901, 1269, 1796, L411, 1425, 2073, 1317, 1859, 1401, 1407, Part 3—Held by Judge Spauiding.—Nos. 1027, 1029. 1030, 1031, 1032, 1034, 1038, 1039, 1041, 1042, 1043, 1044, 1045, 1046, 1154, COURT OF APPEALS CALENDAR. ALBANY, Feb. 5, 1873. The following is the Court of Appeals day calen- dar for Februamy 6:—Nos. 93, 95, 57, 68, 97, 99, 101, 105, THE CALDWELL INVESTIGATION. cheat Examination of Comstock—Caldwell Sub- mits His Statement Upon His Honor a Scnator—The Investigation Closed, WASHINGTON, Feb. §, 1873. After a lengthy secret consultation, the Commit- tee on Privileges and Elections, at a quarter to twelve o’clock this morning, took up the Kansas case. Mr. Comstock was examined in relation to Scott & Co.'s books. He presented a list of drafts drawn as follows:—January 9, $5,000; 17th, $5,000; Febru- ary 1, $5,000; March 23, $10,000; the transfer books -showed payment of a draft of $10,000 to Caldwell on the 20th of January; he thought that he must be mistaken in his statement about the $10,000 draft on Juy Cooke & Co., since he could not find it on the books; the above described dratt auswered the description with the exception of the names; witness desired to say he was -in company with a friend at the tume of the conversation de scribed by Mr. Hopkins, and the recollection of both was that no such words were spoken; his friend said that Hopkins asked him what witness would testify, and that he made the answer that Hopkins attributed to witness. By Judge Crozier—Witness did not find any other large checks at about the time in question; did not look for them at any other time. Mr. Morton remarked that Mr. Caldwell had said to him that he was willing to make oath to the statement submitted by him yesterday, amd asked if ne desired te do 80, Mr. Caldwell said that, after consultation with his aed he had concluded to submit the state- men UPON HIS HONOR AS A SENATOR. Judge Crozier asked permission to submit a pone argument and wanted one week to pre- pare After some discussion he was granted permission to ean the argument at ten o'clock on Monday nex! Mr. Clarke said that because of the prominence with which his name had been connected with the matter he, too, would like to submit an argument. Mr. Logan objected on the ground that Mr. Clarke was merely a witness in the case. 4 Mr. Morton said that if Mr. Clarke was permitted to make an argument all the other witnesses might demand the same privilege, which would prolong the investigation indefinitely. ‘The investigation was then declared closed. SUICIDE ON THE RAILROAD, On turning a sharp curve near Melrose, West- chester county, yesterday forenoon, the engine driver of a New Haven accommodation train, bound for the city, saw aman some few hundred yards ahead walking in @ southerly direction on the up track, The pedestrian kept on until the train reached him, when he deliberately jumped on the down track in front of the locomotive, which struck him with tremendous force, hurl- ing him a distance of several yards, and causing his almost instant death. Deceased, who appeared 48 though he might have been a per- son in comfortable circumstancés, was about forty Years old, five feet nine inches in height, dark-com- plexioned and had on a black peaver overcoat, dark undercoat and vest, gray pantaioons and black jelt hat. Nothing was found on tne body which might lead to its identification, Coroner Miller took charge of the remains preparatery to holding an inquest, cola eo a MARRIAGES AND DEATHS. Married. Day—Hanna.—On Thursday, January 30, at the residence of the bride’s parents ut Merchaytville, N, J., by the Rev. G. D, Koardman, D.D., BENJAMIN M. Day, of this city, to Marnie E., daughter of Jon Hanna, Esq, HACKLEY—STILLE.—On Wednesday, February 5, atthe Church of St. Francis Xavier, by the lev. Father Thierry, VICTOR MAYO HACKLEY to MAnix, eldest daughter of the late Dr. Moreton Stille, of Philadelphia, HvGiks—Ht1iton.—On Tuesday, February 4, 1873, by the Rev. George H. Hepworth, at the residence of the bride’s parents, 73 Filth’ avenue, Jonn M. HvGHES to ConngéLia, daughter of Henry Hilton, all of New York, REED—MORRELL. —On Thursday, January 30, 1873, at the residence of the bride's grand parents (E. Alfred Flock, Ksq,), by the Rev. Joseph Pullman, Robert T. RE of #rooklyn, to Miss Emma BL MORRELL, Of New York city. Died. ANEARN.—On Tnesday, February 4, Patrick AHEARN, beloyed son_of Patrick and of the late Mary Ahearn, aged 17 years, 6 months and 21 days. The relatives and friends of the family are re- spectfully invited to attend the funeral, from the residence of his father, 334 Kast Thirty-stxth street, on Thursday, the 6th inst,, at one o'clock P, M, x.—Atter a long and patnful illness, on y, February 4, 1873, JouN A, BOWMAN, a native of Philadelphia, aged 43 years, The relatives and friends of the family are re. i cage 3 invited to attend the funeral, from his late residence, 660 Tenth avenue, on Thursday, February 7, at one o’cloc BROWN,—On Tuesday, February 4, 1873, James L. Brows, M. D., in the 42d year of his age, ‘The relatives and friends of the famil: spectfull, are re- invited to attend the funeral, at one . M., to-day (Lhursday), at St. buke'y church, Hudson street, opposite: out ine motion t, ce Grove street, with» ‘fellows of the New York Academ? of are requested to assemble in the Lecture ee ie St, Luke’s church, Hudson street, opposite Grove, big, Thursday, bah guavas, before one o'clock . M., preparatory to atlending the funeral ot late alloc, Dre domes L, Huows. wets A. FLINT, M. D., President. W. T. Ware, M. D., Secretary. boyp.—Aiter a brief illness, at his residenee tn ne lew Brunswick, N. J., Louis R, Boyp, aged L years, Rouce of funeral heréafter. BuRLinaaMe.—On Tuesilay, February 4, Brown BURLINGAM®, in the 77:h year of lus age, The friends aud members of State street Congre- gextional charch and of Wash ogtou iivision, No, 4, 8, o1T.,and Mount Vernon Council, No, ot, O. U. AM: For-itude Lodge, No. 19, f. and ‘A. M., are invited to attend the funeral, from the Congregational church, corner of State and Hoyt streets, this Thursday morning. at ten o'clock. Owego papers please copy. ConB.—At bis residence, in Parsippan: county, N, J., on Friday, January 31, Rs, DKEW B, Coun, uged 69 years, Morris ion, AN- ‘the funeral services will be held at his late resi- dence, on Thursday, February 6, at twelve pela at M. Carriages will be in attendance at the de Morristown on the arrival of the train which the foot o1 Barclay street, New York; at tet utes past nine A. M. Curnan.—On Tuesday, February 4, THomas Cur- RAN, @ native of the parish of Dungarwin, county Waterford, treland, aged 40 years. Funeral this day (Thursday), at one o'clock P, M., fiom Seventy-sixth street and First Pinot di of DELAFOLIE.—On Wednesday, February 5, of di theria, CLARENCE MILTON, Ouly and beloved so! Alexis,W. and Catherine A. Delafolie, aged.6 years and 9 months. The iriends of the family are invited to attend the funeral, trom 607 Hudsoa street, near Twelfth street, on Friday morning, at ten o’clock, The mains will be taken for interment to Pleasant Vi ley. e J., the same day at half-past twelve o'clock DvTron.—On Tuesday evening, February 4, Isa- DORR L., beloved wife of William Dutton, aged 24 ears, _ Remains taken to Chicago for interment. FeHERY.—On Tuesday, February 4, 1873, ANR FEeHERY, aged 43 years. The funeral will taxe place from St. Jerome's church, corner 137th street and Alexander avenue, Mott Haven, where a requiem mass will be held, on Thursday, the 6th Inst., at half-past ten o'clock A. M.; then to proceed to Culvary Cemetery at one o'clock P. M. . GrrrorD.—In this tT ION Wednesday, February 5, ARTHUR N. Girrorp, E: if ‘The tuneral services will be held this (Thursday) afternoon, at three o’clock, in the scotch Presby- terian church, 53 West Fourteenth street, Rela. tives and fiends are invited to be present, without further notice. ‘I'he remains will be taken to New Windsor for interment. GRatiaM.—On Tuesday, February 4, 1873, at her residence, 120 West Forty-fourth street, MARIA VicTORIA GRAHAM, Principal of Primary Depart- ment, School No. 28, and daughter of Mrs, Jane D, and the late James George Graham. * Friends are invited to uttend the funeral, from St. Ann’s church, Eighteenth street, near Fifth avenue, on Friday. at one o'clock P. M. Hanopry.—On Wednesday, February 5, Katt the beloved daughter of Kiern and Margare' Hanophy, aged 18 years and 6 months, ‘The relatives and friends of the family are respectfully invited to attend the funeral, from the residence of her mother, 428 Third avenue, on Friday, February 7, at one o'clock P, M. Howr.—On Sunday, Feoruary 2, ALONZO J. Hows, in the 37th year of his age. The relatives and friends of the family are invited to attend the funeral, from the residence of his sis- ter, Mrs. L. BP? Hodges, No. 239 Clermont avenue, BreEN this (Thursday) morning, at eleven o'clock. Ponghkeepsie papers please copy. KELLY.—At Yorkville, on Monday, February 3, Nancy J., wife of Nathaniel Kelly. Relatives and iriends are invited to. attend the funeral services at the Eighty-sixth street Metho- dist Episcopal church, on ‘Yhursday, Febraary 6, at haif-past ten A. M. KkENEY.—On Tuesday, February 4, 1873, CHARLES M. KEENEY, youngest gon of Seth L. and Susan L, Keeney, aged 2 years, 6 months and 25 days, Relatives and iriends are invited to attend the funeral services, at his parents’ residence, 22t Clermont avenue, Brooklyn, this (Thursday) after- noon, at two o'clock. Lyxcu.—On Wednesday, February 5, 1873, after @ tedious illness, JonN Lynct, @ native of thé parish of Mullagh, county Cavan, Ireland, aged 61 years, The relatives and friends of the family, also those of his son, Thomas P., and his daughter, Margaret? A., and of his brotners, Thomas, Mathew and Philip J. Lynch, are respectfully invited to attend the tuneral, from his late residence, 512 Washing ton street, on Friday, Februa y 7, at half-past nine o'clock A. M., thence to St. Anthony’s church, Sullivan street, near Houston, where a solemn requiem high mass will be offered for the repose of his soul, and trom there to Calvary Cemetery for interment. MARSH.—At Philadelphia, Pa., on Monday, Feb- ruary 3, Mrs, Sarat A.. widow of William B. Marsh, Exq., merchant, ol New York city, The friends of the family are respectfully invited to attend the funeral services, at 1,956 Warnock street, Philadelphia, on Thursday, 6th inst, at eleven A.M. Interment at Rahway, N. J., to meet twelve o’clock noon train from Jersey City. MorMan.—On Thursday, January 30, at the rest- dence of his father, London, Ontario, ROBEKT MOR. MAN, late of this city, aged 33 years, Morris.—On Tuesday, February 4, Isaac MoBRIS, 1m the 63d year of his age. The relatives and friends of the family are re- spectfully invited to attend the funeral, from his late residence, 184 East Houbton street, on Thurs- day afternoon, February 6, at one o’clock. The remains will be taken to Greenwood Cemetery for interment, MUNDELL.—On Tuesday, February 4, AGNES MUN- DELL. Funeral this day, at one P.M., from the resi- dence of her brother-in-law, James R. Cuming, 204 West Forty-third street. Kelatives and friends wilh please accept this as their invitation to attend. MoCann.—On Wednesday, February 5, CATHARINE McCann, beloved wife of Patrick McCann and daughter of the late Hugh Mooney, a native of the’ parish of Clantubert, county Monaghan, Ireland, aged 27 years, ‘he friends of the family are respectfally invited to attend the funeral, from her late residence, 12 Hamilton avenue, Brooklyn, on Friday, January 7, at one o’clock, thence to Calvary Cemetery. MCDONNELL.—On ‘Tuesday, February 4, MARY, the beloved wife of Alexander McDonnell, aged Pr years, Relatives and friends are respectfully requested to attend the funerai, trom her late residence, Jefferson avenue, Jersey ad Heights, on Friday, 7th inst., at ten o’clock A.M. Requiem high mass will be celebrated for the repose of her soul, at St. Joseph’s church, Jersey City Heights. The funeral} will thence proceed to Calvary Cemetery. Belfast papers please copy. McGivngy.—On Weduesday, February 6, Henrt F., the only son of Alexander and Elizabeth McGiv- ney, aged 4 years, 6 months and 2 days. ‘tie riends of the family are ne erat f invited to attend the funeral, from 85 A ty strect, Brook- lyn, on Thursday, 6th inst., at two o'clock P. M. Noxton.—On Tuesday, February 4, at the Test dence of his brother, Thomas M. Norton, Marion, Jersey City, JouN Norton, formerly of Brooklyn, L, 1, in the 824 year ot his age. His triends and those of brother are respect- fally invited to sipens his funeral, from his late residence, this (Thursday) morning, at half-past nine o'clock, to St. Joseph's church, Summit street, Jersey City Heights, where a requiem mass will be offered for the repose of his soul, Interment at Calvary Cemetery, Williamsburg, L. 1. Train for Marion leaves Cortiandt street terry at nine o'clock RosENBACK.—On Wednesday, February 5, at teq o'clock A. M., Mina, wile of Samuel Kosenback, aged 60 years. ‘The relatives and friends are resnectfully in- vited to attend the funeral, at her late residence, No, 633 Lexington avenue, on Friday, February 7, at hall-past nine o’clock A. M. Syracuse and Cincinnati papers please copy. RKurnervorp.—In Brooklyn, on Tuesday, Febru. ary 4, Mrs. DOKROTHEA RUTHERFORD, Wife of William Rutherford, aged 87 years. The funeral will take place from 281 Sackett street, on Friday, February 7, at eleven o'clock A, The remains will be taken to Cypress Hil) Cemetery. SCHERSTEN.—On Saturday evening, February 1, 1873, after a long and painful illmess, in the full hope of a blessed immortality, PETER SCHEKSTEN, in the 15th year of his age. The relatives and friends of the family are in- vited to attend the funeral, from Ms late residence, 102 West Twenty-eighth street, this (Thursday) morning, at eleven o’ciock, Kemains to be in- terred in Greenwood, STewart.—On Wednesday, February 5, Mrs. Hannan C. Srkwakt, in the 62d year of her age. Tbe relatives and friends of the family are in. viteu to attend the funeral, from the residence of her son, 117 West Thirtieth street, near Sixth ave- nue, on Friday, February 7, at one o’clock. SULLIVAN.—On ‘Tuesday, February 4, MAGGIR SULLIVAN, beloved daughter of Mortimer and Mag- gie Sullt , aged 2 years and 6 moaths, The relatives and friends of the family are re- spectfully invited to attend the funeral, from the residence of her father, 26 City Hall place, this (Thursday) afternoon, oth inst., at two o'clock. WaLsa.—On Monday, February 3, WILLIAM J., son of John and Margaret Walsh, aged 1 year, 2month and 16 days. ‘The funeral will take place from 1,000 Second ave- Rela- nue this day (Wednesday), at two o'clock. tives and friends are invited to attend. WnireHouse.—On Tuesday evening, February 4, SPENCER SMITH WitiTeHOUSE, aged 26 years. Retatives and friends are invited to attend the funeral services, at the residence of his parents, Poughkeepsie, N. Y., on aon Tth inst., at elever o'clock A. M. "The remains will be taken to Green- wood Cemetery for interment. YarRs.—On Tuesday, February 4, at her late rest- dence, No. 32 Oliver street, ELLEN YATES, in thé 20th year of her age, wife of Samuel Yates. Relatives and friends are respectfully invited to attend the funeral, from the above number, at ten o'clock A. M., on the 6th inst ; Younos.—Suddenly, on Tuesday, February 4, 1873, Mrs. FRANCES HENRIETTA YOUNGS, wile of Joshua Youngs. Relatives and friends of the family, also memberd of Polar Star Lodge, No. 245 F. anil A. M., are res ectfully invited to attend the funeral from het jate residence, 54 Bedford avenue, Brooklyn, B. Vy this (Thursday) afveraoon, at ball-past ome o’clouk |