The New York Herald Newspaper, March 15, 1873, Page 10

THE COURTS. IMPORTANT QUESTION IN LIFE INSURANCE, The Insurances on the Life of the Late Samuel Laird---Refusal to Pay the Same and Why Refused---A Novel and Important Judicial Decision, END OF THE CORDES TRIAL. Plea of ‘Manslanghter Accepted from the Prisoner—Sentence of Four Years in State Prison. THE PALMER-FOLEY INJUNCTION Argument on Appeal from the Order Grant- ing the Injunction—Same Old Story Gone Over Again and Decision Reserved. A REMINISCENCE OF THE RING REGIME. A Little Old Bill for Stationery Furnished the City—Effort to Mandamus the Comp- troller and Compel Payment. Arumor prevailed in the United States Courts yesterday that United States Marshal Sharpe is to be appointed to the office of Surveyor ef this port, and that his place will be filled by his chief assist- ant, Mr. Fiske, Peter Kehoe was committed in the United States Circuit Court yesterday, before Judge Benedict, for dealing im counterfeit fifty cent currency stamps, Prisoner was remanded for sentence. There was avery interesting argument yester- day in Supreme Court, Chambers, before Jodge Fancher, growing out of suits brought on account of refusal by a Boston life insurance company to pay policies of life insurance ovtained by the late Samuel Laird, the well-known hotel proprietor, of Long Branch. He transferred the policies to his wife and daughter, and it was claimed that this Vitiated them. ceeds should inure to the benefit of his creditors, he being insolvent, as alleged, at the time of his death, The argument of counsel, as well as the decision of the Judge, covering a new as well as interesting point in this specialty of litigation, will be found elsewhere in our law reports, The trial of Charles Cordes for the murder of John Dann was brought to a sudden termination yesterday in the Court of Oyer and Terminer. In consequence, a8 would appear, of the thorough knowledge of prisoner’s counsel of the medico- legal questions arising from the doubt as to the result of the incised wound inflicted, it was deemed advisable to accept a plea of manslaughter in the third degree, and Cordes’ counsel thus succeeded in securing for his client the light punishment of four years in the State Prison for the commission of a crime which Judge Brady had characterized as murder, Nearly all the branches of the various State Courts adjourned from yesterday to next Tuesday in order to give due celebration to St. Patrick’ Day. All the jurers summoned to appear on Mon- day are excused irom attendance till Tuesday, The case of Chamberlain Palmer against John Foley, upon the appeal from the order of Judge Barbour restraining the latter from exer- cising any of the duties of Deputy Chamberlain, was argued yesterday in the Superior Court, Gen- eral Term, Precisely the same line ef argument was pursued on both sides as upon the original ap- plication for the injunction, The Court reserved its decision. Another memento of tne old Ring régime was an application yesterday, before Judge Fancher, bolding Supreme Court, Chambers, for a mandamus to compe! the Comptroller to pay, interest and all, some $150,000 for stationery furnished the city in 1869, It was shown that the appropriation for that year was but little over a third of this ameunt. ‘The case went over to allow the Corperation Coun- gel to put in affidavits of alleged frauds in auditing the accounts, JMPORTANT LIFE INSURANCE QUESTION. sg ts The Late Samue) Laird’s Life Insurance Policics—Payment of the Same Refused and Appeal to the Courts to Enforce Payment—Interesting Legal Procced- ings and a Most Important Judicial Decision. ‘Thousands of frequenters of Long Branch during the watering place season well remember the late Samuel Laird, at the time of his death proprietor of two of the principal hotels at this famous place of Summer resort. As 1s well known he died on the 19th of last August, leaving surviving him his widow anda daughter, In 1868 it appears that he obtained a policy of insurance on his life of $10,000 inthe New England Mutual Life Insurance Com. pany, of Boston, During the next year he pro- cured a similar policy for a like amount from the same company. In January, 1872, he had inter- lineated in the policies “for the benefit of his daughter, Ann M. Laird, and his wife, Julia F, Laird.” After his death the company refused to pay the amount of the policies, and the result was a suit to enforce payment. Meantime, to allow the suit to be prosecuted her Messrs. Harrison E, Gawtrey and Charles A, Soper, the latter the father of Mrs. Laird, were made assignees of the beneficiaries of their claims under the policies. A party to this suit was Mr. Charles A. Bennett, administrator de bonus non of Mr. Laird. Growing out of the transaction there wi or, rather, are, in fact, two suits, one brought by Mr. Bennett, as administrator of Mr. Laird, against Harrison E. Ga@wtrey, Ano M. Laird and the Ne England Mutuai Life Insurance Company, and th other by the same plaintif’ against Charies Soper, Julia F. Laird and the New England Mutual Lite Insurance Company. The answer by the insurance company to the complaint claims simply that the policies Were for- feited, on account of the alleged transiers. This defence was regarded as untenable by Mr. G. W. Cotterill, counsel for the beneficiaries under the same, and he moyed the case on the short calen- dar, and thereupon the phinti? brought the prea entsuits against the insurance company and re- spective assiguees of the beneficiaries. In Febra- ary last an injunction was obtained from Judge Barrett, restraining Messrs. Gawtrey and Soper, as such assignees, from prosecuting said actions, and claiming om belall of the yy es as administrat that he was entitled to the proceeds of the policies, on the ground that in January, 1572, When (ue policies were transferred by Mr, Laird to bad wile and daughter, he was insolvent, therefore that the rocecds sbduid enare to the benefit ef his cred 3. yf course, in the natural course of evens, am order Was granted to show cause Why the imanciion should mot be made permanent, Yesterday was the return day for this order. Th ¢ i8 one involving very stlons Of jaw, to say hothing of practice. On the case being culled yesterday, before Judge Fan- cher, at Supreime Court, Chambers, ther quite & formidahic y¥ of connsel present re ng the various ¢ hg interests, Mr.G. W, teri! appear the beneficiaries under the Olicles IM Opposition to the motion to continue @ injunction, Julian I. Davis for the administra- tor and District Attorney ps for the insurance company. Mr. Davis made but a brief argument, claiming simply that ird was insolvent, and that for this re tue creditors were clearly en- titled to the prevecds of the policies, Mr. Cotterill indulged in a iwost elaborate and, as the result proved, & most conclusive argument in opposition to the motion to continue the in- junciion. He claimed that on the papers it was evil that Mr. Laird was not insolvent at the time he transferred the policies in question to his wile and daughter, and thateven if he was that the creditors could net take the proceeds of the policies, wut, if anything, the amount of the premiuia only. He further urged that, it appear ob that Messrs. Gawtrey and Soper, the assignees Of tie policies, were solvent, the only remedy, if any, Was to sue them for a recovery @f the ameunt Of the premiums advanced, Mr, Pucips stated tuat he represeuted the in It was also claimed that the pro- | NEW YORK HERALD, SATURDAY, MARCH 15, the laws of Massachusetts being pa. to the administrators or , that the executors must sue and that the assiguees it Bot bring ap action. ent the Judge delivered oral ‘om the matt He stated that he topo on the matier. ted occasion to stady the question of iife in- surance, and that he was clearly of the opinion that the plaintia, in any aspect of the case, could ho! recover more 7} the presntums sdvanced; ‘and, further, that it did no’ , wis jesorveat at the ume of the transfer of t emrance com: as stakeholders, and that he Toauaereut tne the pares; but that "Oy im thelr answer that the po! r tors, FER? ze,2 icles. He stated, in addition, that the contract neuramee =p was made with the as- d, bis rators or assign: «could it be made payable to him; not therefore his property; that it was and that the policies baving been publicly traneterred, the assignees must poeessarily recover, As vo the point raised by M Pheips, he tetd that under the prevailing om thie State the ection was well brought against the insurance eompany; that the were “Tparties to sue, and that the proceeds of could taure to the beneficiaries even were Mr. Laird insolvent at the time of death. He therefore denied the motion to continue the in- JancUion, but dissolved the same, THE CORDES-DANN HOMICIDE. ~~ Sudden Termination of the Trial—A Pie: of Manslaughter in Third Degree Made by the Prisomer—The Sentence of the Court, The session of the Court of Oyer and Terminer yesterday—Judge Brady on the bench—was unex- peetediy brief, and im this regard, no doubt, a source of disappointment to numbers of the large crowd present whe have @ singular weakness tor frequenting criminal trials, THE TRIAL BROUGHT TO A SUDDEN CLOSE, Immediately after the opening of the Court Mr. Wildam F. Howe, counsel for Charles Cordes, whose trial for the alleg@d murder of John Dann had occu- | prea it tention the twe previous days, rove and addressed tue Court, Simce the adjournment on | the night before he had arranged, he said, with Assiscant Distriet Attorney Rasseli, Who had con- ducted the prosecation in the case, to enter for the priconer o plea of manslaughter tn the third degree. He knew i well that this was ar high a degree ermmingiity as | the jury could possibly from =the evidence already before them, but to save time and trouble he had advised his client to enter this plea, and the latter had accepted nis advice tn this regard, He desived merely to eall a few witnesses te testity to the previous character of the aceused, who then would throw humself ou the merey of the Court. After several witnesses, called by Mr. Howe, had given their evidence as to his former good char. | acter and habits ef steady industry, Mr, Russell — stated that he had consdlted with ‘the District | opting # pie | in the third degree, and it was agreed | | to take this course, The testimony for the prose. | cution might, he added, possibly warrant the jury to bring in a Verdict of murder in the frst degree, | but he hardly believed, after considerina all the | circumstat in the case, they would do so, } SENTENCE OF THE COURT, | Netther of the opposing counse! | thing further to say the prisoner was eatied apon to stand up and receive the sentence of the Court. | on being asked tf he bad anything to say in | his own behalf he only replied, “I was imtox- cated and did not kaow what 1 was doing.” In passing sentence Judge Brady remarked that there Was no doubt of his intoxicated condition when he struck Dann the biew with the kite, bu no reason why h ould not suffer penalty attached to his crime. Knives | were nowadays toe readily and reck! and a check must be put to the sacrifice of li growing out of such use, He then sentenced | Cordes to four years in the State Prison, the full | penalty of manslaughter in the third degree. THE DEPUTY CHAMBERLAINSHIP, erento - Another Argument in the Palmer-Folcy | Injunction Casce=Deeision Reserved, | A considerable time of the Superior Court, Generai Term, was occupied yesterday in hea the argument on the appeal from the dectsion of Judge Barbour, granting Francis A. Palmer, City Chamberlain, a temperary injunction restraining John Foley from attempting to assume the duties of Deputy Chamberlain, parsuant to his appoint- The line of argument on both si liminary hearing at Special Mr, Anthony Kk. Dyett, counsel for Mr. Fole: claimed that the Court had ne juriedice nor authe ity to grant an injunction, question, being one of titte to ofice, was one to be decided, he insisted, upon a quo warranto proceeding. urged, no equity iu the complaint, fd and his suretics were solvent, and the appoint. — ment made by the Comptroiier, Mr. Palmer, he contended, could suffer no injury through the | acts of Mr. Foley. He discussed at length the power of appointment of Deputy Chamberlain bah way under the charter of Isv0 in the Comp | trolier, bour’s order should be set aside and Mr. Foley allowed to enter upon the duties of the oMee to which he had been legally appointed. Tie strenuously insisted that Judge bar- | be By direction of the Court the jury returned a verdict of not Ye ‘The Court adjourned till Monday, SUPREME COURT—CHAMBERS, Decisions, By Judge Fancher, Charles L. Mead va, 8, McNamara et al.—Report of referee confirmed and judgment granted. it. C. Beamish appointed referee te settle, &c. Allow- ance two and one-half per cent, Ann Bulger vs, Rebert A. Williains,—Report conkemts and judgment foreclosure and sale ed, Sarah M, Sholey vs. Charles Sholey.—Report of referee confirmed and limited divorce granted, Counsel fee $250 granted and alimony $15 per week, with @ reference to take security for the pagent of such ie a ‘lizabeth £. Peck vs. William J. Peck.—Repert of referee confirmed and judgment ot divorce granted, Custody ef child awarded to plaintit’. Ernst Stegner vs. Elizabeth Stegner.—Report confirmed and judgment ot divorce granted. In the Matter of the Application of H, L. Suydam for the Appointment of a Trustee, &c.—Reference ordered, &c, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Van Vorst, Berwick vs, Dale.—Order granted. Pinney et al, vs. Napier.—Order appointing re- ceiver, wees Jr., vs, Stebbins et al.—Motion de- Hoagland & Son vs. Seal et al.—Order for judg- ment for piaintifs, See finding of facts. Watson et al, v8 Central Park Hotel Company.— Order of reference. COMMON PLEAS—SPECIAL TERM. Decisions. By Judge J. F. Daly. Hock vs, Fincke.—See opinion and decision with Clerk at Chambers, Marsh vs. Johnston.—Motion denied, without prejudice to renewal on further affidavits, Weiustook vs, Shaw et al,—Motion denicd, COURT OF COMMON PLEAS—GENERAL TERM. Technicalities an Important Element of Legal Prosecution. Before Judges Charles P. Daly and Loew. To an argument in this Court yesterday on an ap- peal from a judgment rendered by Judge Fowler, of | the Third istrict Civil Court, two important ques- | tions were decided. A summons, it appears, was, | by a clerical error, misdated, 80 as to make the re- | turn day mere than twelve days after the date on | the summons, The de‘endant appeared and objected. ‘The Court, on motion of plaintitt, amended the summons. The defendant then offered a removal bond to remeve the case to the Commen Pleas. Judge Fowler rejected it for insufficiency of sure- tes, and proceeded to try the case, In his return he did not give the evidence on which he rejected On the peal Chief Justice Daly, ted that no amendment 80 as to bring detend- He objected at the proper that the District Justice, in a xercising a judicial dis- 1 was bound to return the evidence on which d. A return, such as made by Justice Fowler, that te could not find it, Was not proper. After hearing the argument the Court wok the papers, reserving its decision. m t ant into Court when tume, fle further heid rejecting a surety, jon subject te rev MARINE COURT—PART 2. Action on Contract—Conflict of ‘Testi- mony. Before Juage Curtis. John W. Kaupper et ai, ve. George H. Rauch.— ‘The plaintiffs, who are wholesale four merchants, sold and delivered to the defendant, who is a baker, twenty-five barrels of mixed four, for $225, on the 6th day of January, 1872, which the defend- ant dented he ever received. The plaintits proved their case, showing the sale and delivery of the four, aud the sabsequeat refusal of the defendant to pay. The defendant attempted to prove that he never received the flour, but bis defence was so weak that the jury promptiy rendered a verdict for the plaintitt for the full amount, with interest. George FP. and J. ©, Julius Langbein for plaintigs ; Jacob A, Gross for defendant, COUNT OF GENERAL SESSIONS, An Outrage Upon a Little Girl—The Criminal Sent to the State Prison tor Five Years. Before Judge Sutheriand, Several hours were spent yesterday in this Court in the trial of an indictment against a youth, fif- teen years of age, named August Keppler, who was charged with attempting to outrage the per- son of Erafly Ida Cherry, a little girl, ten years old, in nary last, The child gave a very intelligent narrative of the outrage which aa ler perpetrated upon her, and, although uncorroborated, the jury believed the story. ‘Mr. Howe alioged that this was a conspiracy, in- y the father of the girl, who admitted that dealer in “policies.” of guilty Was rendered, and the City teaced Keppler to the State Prison for Judge * five years, udge Edmonds, on behalf of the Chamber: Jain, claimed that the law of 1866 relative to the appointment of a Deputy Chamberlain was still in force, and that the same had not since been fr pealed, He urged, further, that it was the inte tion of the Legisiature that the ofiee of Chamber lain should be entirely independent of the Comp. troller, After hearing the arguments the Court took the | papers, reserving its decision, | " OLD STATIONERY BILLS. nec pebeninoeanene Charge of Fraudulent Aw the Flush Ring Times Expend res Exceeded Appropriations. ‘There appears to be no end to the amonnt of old Claims against the city, Among the termicdable list are a claim of T. N. Roe for $118,000 and another of claims are for 1869, and to secure their payment, or ratner in the endeavor to accomplish this de- sired result, before Judge Fanch holding Supreme Court, Chambers, lor a peremptory writ of mandamus against the Comptrolier directing him to pay the same. Mr. | asked an Andrews, Assistant Corporation Cow jjournment of the case howing that the p: as airaud, fis int ‘times there Was perfe: ter of allowing expend For instance, the appro- 4, In the tax levy of 1809 for station- ery Was #1 hile the two bills in que | alone, were double this amount, It was clear, insisted, that the Board of Supervisors in auditing these claims acted beyond their power and with out warrant of law, Mr. Strahan, who appeared on behalf of the claimants, insisted that this was merely a techy! cal objection and should have ne weight with the Court, He urged that under the old system of ae cumulated deut bends provision had been made for the payment of these clat Jude ncher said that the fraud in the dush lessness in the | exceed app | | | | ze F ulent audit Was an important one, there‘ore ordered an adjournment of the aigument till the third Monday of the month, BUSINESS IN THE OTHER COURTS. question of atleged a UNITED STATES CIRCUIT COURT, Criminal Tr! Judge Benedict satin the United States Cireett Court yesterday and proceeded with the trial of | criminal cases, Richard Brandon, alias “Limpy Dick,"’ who had deen indicted for stealing a quantity of mail bags from the Post OMice, pleaded guilty and was re mianded fer senten In the case of VY, J. Elliott, who had teen im dicted for receiving a quantity of Unit mail bags, Knowing them to have been sto. n, Mr. Purdy, United states Assistant Distriet Attorney, stated to the Court that he entertained dow to the guilt of the accused, and the matter went over for further consideration. It seems to be ad- mitted that Mr. Eliott came into possession of the bags in the regular course and was not aware that they had been stolen trom the gov ernment. Charge of Dealing in Counterfeit Money, Péter Kehoe was indicted and put upon his trial for dealing in fifty cent counterfeit currency stamps. These stamps are known as the “Gr ey” fifty cent counterieits, The evidence for the prosecution was of the usual character—a detec. tive getting into the confidence of Keloe, as a deal f tuis counterfeit seul, and then handing him over to the oficers of the law. Mr. Purdy, in opening the case to the jury, remarked that th stamps in question were not an entire count of the genuine fifty cent currency ; they were some- What diferent, and he supposed tus Was done so that it might be argued that the stamp Was not acounterieit of any government money. But it was well calculated to deceive and impose upon the public. Mr. Charles S. Spemcor and Robert N, Waite de fended the accused, and, after the Court had heard their arguimen's, the jury found a verdict of guilty. Remanded for sentor ¢ It transpired in the progress of t counterfeiters have a practice of bills in coifee and running hot irons over them, lor the puroose of giving them @ genuine appearance. Charies Sinnert Was put upon bis trial foy Dass ing a counterielt $20 Ville Alvin Lockwood for $2,000, tor stationery, These | application was made yesterday | A Shooting Case, Thomas Collins was tried upon a charge of shooting James O'Rrien with a pistol, a short ume ago, in Madison street. The complainant and an acquaintance named Weldon swore that the pri Tr approached “Now, O'Bricu, L have got y 1 want,’ and fired a rev shots lodging tn the complain admitted that he had served AOU asea rit i threatened his life and that his pistol Mm self-defence. The jury rende | dict of guilty of an assenit with a dangerous weapon, He Was sent to Lue State Prison for three om tine ries and Larcenios, | years and six m j Burg’ | | | the clothing store of Joseph syiwere, m street, and stealing #41 worth of property, plead guilty to an attempt to commit the of fence. He was sent to the Prison for two years and x month Charles Osborne pleaded gallty to an attempt at graud larceny, the allegation being that on the doth of February he « watcu and gold hain, valued at ©59, rty of Joseph Tagle. Reynolds, Who. t Teh of the st Hous. state onth, burglariousiy en niiee of 4 Tobin, No, + Muty street, and stole $37 (property, pleaded guilty to'an attempt at in the tht roe, Oshorne and were cack ser » the State Prison for who pleaded guitty on Thurs- was sen- on, Who Wa ww men for breaking th Wiliam BD. Hetmes, S sth of January, p The was tempt at tary for o BROOKLYN COURTS. UM ED STATES C*CUIT COURT of the Valitity of « Decision = ¥ A the City of Nrooktym. Before Jutge t | 4s ett . eocamon upon tact f f reope upon a, wink « a betore me wliug® and proofs, na having terminauen new pie proofs, 11 is an action to city of Brooklyn 4 Which are claimed te ccrtain patent tor howe Ping» oryinails ineucd to Rebert &. Lawton ‘item #. on the tat day of Pe ’ 1, reteus Decemiar 2 Tse, a ¥ owed Wy plaintid, The ob t me ie stat the original patent as folios yoet of This invention is to conne m such a manner thata «wiv at the same tim ertain Vision pensating tor the Wear atiending such connection #0 that the coupling tne tigent by t the the whele arr € poses set f M suit Is based nt and a¢ eater The claw of this of this controve nation of the | Means of a pin operati the outer th tm) 7 ¢ the the taimble D, clined side of the groove in Py that the two thimbles will be forced together t the inward movervent of the pin, and be iberate by its outward movement sulstantialy asd gcrived."’ Hi will be observed that the idee Which is put forth in the orwd new idee emnouion a there desert f forts } dower a ure yo Why ewes fa revubye indicted for burgiariousiy entering | hy} 8 Amount of Awards for Property Taken | pin could swivel and at the same time remain tight—is omitted from the reissued patent. In the reissue the only object of the invention as there stated is the formation of a tight hose joint by means of the combination certain old well known devices in the manner In opposition to the patent as thus re- Issued several grounds of defence have been here taken. Ome of them is that the invention which the reissued patent descrives is worthless and the patent involved, and this defence appears to me to be supported by the proof. The law upon the subject of utility is not in doubt. No particular amount of utility is required to render an inven- tion patentable, bat there must be some, When the invention is shown to be worthless the patent must tail, Such appears to be the case in the present instance. e evidence fails to disciose any instance where the combination described in the reissued patent of 1869 has been successfully used, ‘The plaintiY himself testifies that he does not know of any such canpltan Ravin been found to be of practical use, Although he sells couplings he never sold any such, and only recollects three instances where their use has been attempted, His testimony satisfied me that the combination described in the patent here relied on proved inoperative and worthless, It is true that couplings San taining a the elements in combination, which are described in the plaintiff's reissue of 1869, are in use, and such are those used by the defendant; but im these coup- lings anether essential element is pres- ent in the combination, which additional element 18 not to be found in the plaintifs reissue of 1869, This additional feature is a lug which is placed upon the inside of the outer thimble, opposite to the pin. in such @ manner that when the pin is forced inward upon the inner thimble the inclined groove of that thimble is pragaea. upon the lug, and that part of the inner ‘thimble thus forced up to the shoulder of the outer thimble at the same time that the pin itself, by pressing the inclined groove when it is touched by the pin, forces that side of the inner thimble up to the shoulder of the outer thimble; thus making & tight joint which cannot tilt, although the inner thimble is smaller than the inside of the outer thimble, and which cannot swivel or turn and be tight, The introduction of this element makes the combination a different combination from that de- cided in the plaintiff's patent of 1869, This combi- nation, in which the lug enters as an element, is the subject of another patent obtained by the plaintiff in 1862, which he has not proved here, and wherein he states that the lug is ‘very essential.” ‘Thiv latter patent of 1862 has been put in evidence by the deience, and it affords strong support to the position that the combination described in the reissue of 1869 proved worthless. But it 1s said the introduction of the lug is simply an improvement. { cannet so consider it. The two combinations are distinct, because they have differ- ent elements and attain a different result. In the one combination ne lug appears and no practical result is attained. The introduction of the Ing for the first time produced a combination which accom- plished a very useful result, An added element which increases the efficiency of a combination, of itself effective, is of the nature of an improvement, but its use gives birth to the only patentable (be- cause the first useful) combination, Notwithstand- ing, then, the conceded fact that the combination which includes the lug with other elements which are described in the reissue of 1869 {s useful, it is nevertheless necessary, in order to sustain the re- issue, that 1t should appear that the device there described, which does not contain the lug, is of some utility, As before stated, the contrary here appears, and for this reason the patent must be deciared invalid, CITY COURT—TRIAL TERM. Damages Against 2 Railroad Company. Before Judge Neilson, George S. Earle, an elderly gentleman, sued the Grand Street, Prospect Park and Flatbush Railroad Company to recover $3,000 damages for injuries received by being thrown from one ef the com- pany’scars. He was getting om one of the cars in First street when the vehicle was suddenly started, and he was thrown to the street. The jury gave him $100, COURT OF SESSIONS. Arraignments and Sentences, Before Judge Moore and Associates. ‘The Grand Jury appeared in Court yesterday and presented a number of indictments. Several pris- oners were then nal and the Court an- nounced the days of trial. Three colored men—Charles Wallace, Henry Jolinson and John Wilson—pleaded guilty to grand larceny and were each sentenced to the Peniten- tlary for a year and six menths, George Price and John H. Williams plead guiity to burglary in the second degree, and Judge Mocre sent them each to the Penitentiary for four years and six months, COMMISSION OF APPEALS. ALBANY, March 14, 1873, The following is the calendar of the Commission of Appeals for March 15:—Nos, 83, 84, 85, 20, 86, 89, 90, 92, 15, 4, #5, 98, 99, 101, 102,' The Court ‘ad: journed untu ten A, M, to-morrow. MYSTERIOUS DEATH OF A YOUNG WOMAN IN THIRD AVENUE. ny Os Rew Supposed Suicide—Nothing Known Con- cerning Her. Yesterday afternoon Coroner Kessler and his deputy, Dr. Leo, were called to the Compton House, Twenty-fourth street and Third avenue, to hold an inquest over the remains of a very respectable-looking woman of some twenty eight years of age, who died there under somewhat mys- terious circumstances. About ten o’clock on ‘Thursday night deceased, who 1s understood to | have given her name as Miss Howard, appiied for lodgings and was immediately shown to a small dark hall bedroom on the third floor (she having no baggage) and locked herself in. Not far from five o'clock yesterday morning James Murphy, one of the attachés of the house, in going down stairs heard some one coughing so terribly in the room occupied by the strange woman that his suspicions of something wrong were excited. Murphy stopped and listened till the spasmodic coughing ceased, after which he went down stairs, Shortly before ten o’elock A. M, One of the chambermaids attempted te enter the foom, but, finding the door locked, raised the window in’ the rear of the room, the occupant of which she thought was dead. An examination which’ ensued roved that the chamberiaaid was correct. Yuen the Coroner and his depnty entered the room they found the woman lying in bed with her clothes on and life quite extinci, she was about five feet two inches in height, light com- plexion, regular features, blue eyes and black hair, She wore 4 ray mn poplin dress, with leather braid on the bottom, quilted silk petticoat, under- neath which Was one of red flannei, black cloth jacket trimmed with ray beads; on a hook hung a very nice black silk velvet sacque, above which on a shelf were gray chinchilla mut and cufs, In her ears were gold rings with green stones. On the window-sill stood several empty phials, one of which was labelled “Tincture ™ ite.” for the labels on the other phials had been torn oi, A handkerchief with the name torn on was found in the room, but no letters or memo- randa ofany kind were discovered which would lead to her identification. E nat Evidently the unfortu- woman had taken particular pains that spe be known, The remains were sent to Morgue, where Deputy Coroner Leo to-day 1 a post-mortem examination. There r matos but little donbt that the yeung woman took he ns of poison, The mystery at- ay be explained by the identi- , Should relatives come for- REAL ESTATE MATTERS, Lines for the New Boulevard. The readers of the HeRaLp have an opportunity this mornmg to peruse a schedule of awards made to owners of property on Washington Heights, throngh whieh the new Boulevard, just surveyed jesignated by Messrs, Traphagen, MeClave er, the Commussioners appointed by the » Court, is intended torun. About one- aud and Se Supr half of the sums granted to the proprietors for | e paid back for assess- | the laud taken wilt have me The other half is a tax upon the city. folowing is a list of the awards recom. mended wy the Commisstoners :— twaed Nave S43 Kirtland & Korner. O58 Shepherd Knapp Chauncey Kilmer Wm. H. Hays... Awards «10,500 09 27,080 1 umbia College ph Pi Susan H, Ward ws Mayor, Aldermen a Vawards ‘ rs following sales occurred yesterday at the Estate Bvchange i WILKINS AND CO. u lane, 1646 at Nama $26,700 LY. », $25 West Sst at. 250 Kelly 18,790 av., 19875. wo No. it Mitehell let av., lot x10, 6. str | Cathe 1873.—-TRIPLE SHEET. A MYSTERY OF THE SEA. —— The Adventures of the American Brig Mary Celeste, of This Port—Found De- serted at Sea, Towed Into Gibraltar, and No Intelligence of the Crew for Four Momths—No Evidence of Mutiny or Robbery—Her Cargo a: Insurance, Those who ge down into the sea in ships en- counter may remarkable adyentures in their buffetings with wind and tide, but the brig Mary Celeste, owned by J. H. Winchester & Co., of this port, seems to have had a carcer something out of the line that usually befalls the Jot of toiling messengers of commercial intercourse. According to the pedigree given by the owners she was formeriy a single-deck brig, called the Amazon, of Paisboro, Nova Scotia, and in Novem- ber, 1868, arrived at this port a wreck and was sold at public auction by Messrs, Burdett & Denniss to Richard W. Haines, who repaired the veasel by put- ting in new keel, stern, sternposts, bottom and mostly new spars, riggiug, sails, &c., atan ex- pense of over ten thousand dollars, and, believing he was entitled to put his vessel under the Ameri- can flag, he at that time applied through a Custom House broker for an American regis- ter, and obtained it in Octeber, 1869, Ten months after she nad received her register she was again sold et auction for debt and bought by her present owners, who ran her until April, 1872. Later in Boston she was seized on account of her register, appraised by parties appointed by the government and bonded for $2,600, which suit is still pending. She went from Beston to Cow Bay and back to New York, and was then torn down to her copper and rebuilt and made # double-decked vessel, at an expense of $11,500, She then loaded on her present unfortunate voyage, and when she sailed Paneth York was insured for $14,000, valued at ‘The above is briefly a history of the vessel, which, on the 4th of December, was found abandoned by the Britisn brig Glora Gratia, 500 miles east-north- east of the island oi St. Mary’s (one o1 the Western {alandae and bound into Gibraltar. ‘ihe charges having been made that the owners had caused the vessel to be abandoned for the purpose of securing the insurance, @ HERALD reporter called upon Mr, Winchester erday, when he made the following statement :— “There has been much said abeut a bloody sword having been found on vourd tue vessel when sie was picked ap, and an intimation has been made that a mutiny occurred on the vessel, The tacts are that on the 24th of December, by request o1 the underwriters, I went to Gibraltar, where I found the vessel as tight and seaworthy as when she left this port, except that a few sails that had been left set had beem carried away. The sword found on board proved to belong to the Captain, who got it ears ago in Messina, Italy, witha spot of rust upon t. This I tearn from Mr, Simpson Hart, of New Bedford, who represents the one-third interest in the vessel, which the Captain, Ben 8. Briggs, of Marion, Mass., holds, As far as my investigations went nothing on the vessel was disturbed, We found the clothing of the Captain, the Captain's wife, child and crew all on board, and the Captain’s watch hanging in the cabin. The vessel was evi- dently abandoned on the 26th of November, as the last entry in the logbook was at noon the day be- fore. The last entry on the siate was at eight A. M, the following morning, When the vessel was peating: the northern part of St. Mary’s Is!and. cannet account for her abandonment on any supposition, She was bound tor Genoa with a cargo of alcohol, valued at $37,000, belonging to Mes, Ackerman & Co., Who, 1 learn, are _par- tially insured in Hamburg companies. The Mary Celeste is sured fer $14,000 and ts Sopraised at $16,000, She is insured in the Mercantile Mutual for $2,500, the Orient Mutual for $4,000, the Maine Jaoyds for $6,000 and tue New England of Boston for $1,500. Total, $14,000. A despatch received trom Gibraltar from the American Consul states that she sailed from tnat port for Genoa on the loth instant. This is all] Know of the vessel; bat permit me to say that the published reports about the vessel being Illegally cleared and sailing under a false flag, which originated witha Custom House official, are base fabrications, as any one inter- ested in the matter can discover by referring to the records of the Custom House and the oificers of the companies in which we are msured,”” The case is really @ remarkable one, and the mystery is deepened by the fact that not a word hasbeen heard from or of any ef the officers or crew since the last entry in the log, nearly four months ago. FIRES YESTERDAY. At ten minutes to fonr o'clock yesterday morning a fire broke out on the second floor of the three story brick building No. 406 East Twenty-sixth street, causing a loss of about five hundred dollars. The house was occupied by Smith, Baldwin & Co., varnish manufacturers, It isthe property of Mr. Deleyer, of 138th strect, and was injured to the ex- tent of $2,000; insured. Ata quarter to three o’clock a fire occurred on the first floor of the two story frame building No, 27 Thompson street, which was extinguished by Officer Mober, of the Eighth precinct. A fire occurred at ten o'clock yesterday morning in the apartments of Simeon Laks, 53 Ridge street. It was caused by children playmg with matches, Damage slight. A fire broke out yesterday in the one story frame building 530 West Fifty-fifth street tnat caused a damage of $25. The place was used as a stable, A slight fire occurred on the third floor of the building 102 Cedar street yesterday morning. It was caused through a child playing with matches, A fire occurred engine about three o'clock in the five story brick building 649 Fifth stree: Was caused by a pot boiling over. No damage. —o as MARRIAGES AND DEATHS. Married. ALNEY—DUNKLY.—On Tuesday, March 11, at the bride’s parents’, Epwts R. ALNEY, of New York, to EMMA J., youngest dauguter of Leonard Dunaly, of Brooklyn. CHANDLER—MILLIGAN,—In South Orange, N. J., at the First Presbyterian church, on Wednesday evening, March 12, 1873, by the Rev. John H. Wor- cester, Dr. WILLIAM J. CHANDLER to JENNIE H. renga daughter of the late Gilbert M. Milligan, usd. GOLEY—FARSTTAM.—On Tharsday, February 2 1873, at the Cornell Memorial church, by the k Frederick Brown, Oscar GopLEy, of this city, to Kittie E., daughter of Charles Farnham, Esq., of Owego, N. Y. Owego (N. Y.) and Washington (N. J.) papers | please copy. NEWBOULD—CLARK,—On Thursday, March 13, at avenue Presbyterian church, I heo. L. Cuy Grorer H. RK, all of Brooklyn, No care k= "MNER—SM On Thursday evening, March by the Rev. M. Gallaher, CHARLES P. SUM- ER to MARION W., daughter of isaac 'T. xX.—On Thursday, March 13, at of the bride’s parents, by the Rey, Conant Sawyer, Pav M. VAN Name, of Port Ric mond, Staten Island, to Dorcas U,, only daughter of Wiliam 8. Knox, of Bedford, Westchester county. ft Pp Die ALzZOMORA.—In Brooklyn, on Friday, March 14, of rlet fever, WILLIAM WIckEs, son of Juan and Alzomora, azed 4 years, 4months and 22 day ‘The funeral will take place from tnetr residenc 268 Cumberland street, on Sunday, the létn, at two 8 | o'clock, BUEL.—At Chester, Orange county, on Monday, March 10, of consumption, Purse J., wife or Wil- liam P, Buel, Jr., aged 21 years and 10 months, ‘Albany papers please copy. COOLEDGE.—On Wednesday, March 12, Lrita, youngest danghter of William P. and Susan Cool- edge, in the 16th year of her age. Funeral services wili be held at 16 Rast Thirtieth street, on Saturday, March 15, at half-past tweive Pp. M. Relatives and friends are respectfully in- vited to attend without furtier notice. Her re- muins will be conveyed to Woodlawn Cemetery for | interment, Cox.—On Thursday, March 13, Witttam Cox, in the 40th year ef his age, Kelatives and friends of the family are respect- fully invited to attend the funeral, from his late residence, 206 Putnam avenue, Brooklyn, on Sun- the 1eth inst, at two o'clock P, M., without her notice, ‘RYIN.—The funeral of Mr. TrnoTHy CuRTIN will place this (Saturday) morning, at ck, from bis late residence, 290 Seventeenth . Brooklyn; thence to St. Mary's Rowman lic church, corner of Fifth and Willow streets, Hopoken, N- Ju eRTIS.—In ‘ wile of S. M. Curtis and dauguter of Join , Esq. Telaives and friends of the family are tn- oattend the funeral, from her late resi- dence, 212 East Fourteenth street, on Monday, at » P.M. OScsitWaN.—On Friday morning, March 14, Rose CusuMAaN, the beloved wile of Berman Cushman, 1 o7 years and 3 montis aetolatives and friends are respectfally invited to attend the funeral, from her late residence, 2 Bast Thirty-sixth street, at ten o'clock A, | Sunday, Mareh 16. DaLion,—At Harlem, on Wednesday, March 12, 1873, MARY ANN DALTON, Wife of the late Michael Dalton and eldest da Mulhare, in the 34th year ot her age. The friends of the family are respectfully invited to attend the funeral, trom her late residence street, between Second and Third avenues, | Sunday next, March 16, at oue o'clock, DALTON.—In Brooklyn, on Friday, March 14, Mi- st DALTON, anative of the parish of Toomevar, cown iy Tipperary, Ireland, aged 62 years and 7 months, Relatives and friends are requested to attend the funeral at his late dence, 609 Carroll strect, h_ Brooklyn, on iday, March 16, at three o'clock P. M., to th etery of the Holy Cross. Drirs¢ un Thursday, March 14, Joseri | Deveson, aged 37 years. | The relatives and trends of the family are re- spectfully mmyited v9 attend the Jpbetal Jud ‘ys nine | nis city, on Friday, March 14, Tss- | | Tate residence, 667 Third avenue, on Sunday, march. 16, at two o'clock Fee, ay nity JAREST.—On iesday, March 11, of typhoid fev pierre A DEMAREST, of Rockland county, . Neciatives and friends of the family are invited to: attend the funeral, from the Rejormed church, Nyack, on Saturday, March 14, at one o'clock, ‘Dix.—At Rome, Italy, on Fuesday, March 11, Cuances Temrce Dix, youngest son of Join A. Dix, aged 36 years and 14 days, Notice of funeral hereatter, Doy_e.—On Friday, March 14 CaTHaRrtyg, the beloved wife of Timothy C, , of Graigue, count Kilkenny, Ireland, ageu 39’ years and 9 mouths. The relatives and friends of the Pay, are in- vited to attend the fuveral, from her late resi- dence, 325 East Thirty-first street, on Sunday after- March 16, at two o'clock, om Friday, March 14, Matrypa, wife of Hiram Gale. The relatives and friends are respectfully invited to attend the funeral, from her late residence, No, 9 Vandam street, on Sunday, March 16, at three o'clock P, M., without further notice, » GeRARD.—On Thursday, March 13, WM, GERARD, eldest son of Sarah M. and the late Wm. Gerard, in the 37th year of his age. The funeral will take place from 47 East Ty third street, on Sunday, March 16, one o'clock, Friends of the family are invited to attend without’ further notice, GoLDMAN.—On harden. March 13, JuLtA, be~ man, in the 32d year of loved wile of Seligman Go! her age. Relatives and friends of the family are respect- fully invited to attend the funeral, from her Jate: residence, 247 East Filty-third street, on Sunday,- March 16, at ten o’clock ‘A. M. Cincinnati and Louisville papers please copy. The members of the Ladies’ Bikwo Cholim Soe ciety are requested to attend the funeral of their’ late co-laborer in the noble works of charity, from: her late residence, 247 East Fifty-third street, om Sunday, March 16, at 10 o'clock A.M. Mrs. LEVISON, President. GRanAM.—In Brooklyn, on Wedn , March 12,/ CORNELIUS GRA AM, aged 77 years, ‘The relatives and friends of the family are ree. spectfully invited to attend the funeral. from his late residence, 38 Donglass street, this (Saturday): afternoon, at one o'clock. GRIESSEL.—On Thursday evening, March 18, at seven o'clock, after a short and severe illness, BAR- BARA, wife of John Griessel, aged 48 years, 8 montha and 6 days, The funeral will take place from her late rest- dence, 317 East Houston street,on Sunday, March 16, at one o'clock P.M. The relatives and friends and the members of the New York Pits No. 10, 1, 0, 0. F., are respectiully invited to attend, GURLEY.—On ‘thursday, March 13, MARGARET L. ceeee widow of John A. Gurley, in the 73d year of her re. The relatives and friends are invited to attend her funeral, from the Second street Methodist Episcopal church, between avenues © and D, on Sunday afternoon, at halt-past one o'clock, HAMILTON.—On Wednesday, March 12, at White Plains, Westchester county, JOHN KR. HAMILTON, eldest'son of George J. Haniilton, of this city, in thé 82d year of his age. Funeral from the Memorial Methodist church of White Plains, at twelve o'clock M.. on Saturday, the 15th inst, Relatives and friends are respect fully invited to attend. Trains leave Grand Cen- tral depot, Forty-second street, at 9:30 and 10:40 The members of Manhattan Lodge, F. and A. M.3 Manhattan Chapter A, M.; White Plains Lodge, Westchester Commandery, No, 42, and the fraternity generally are cor+ and fraternally invited to attend, Henry.—At Jersey City, on Friday, March 14, Rev. JAMES RY, in the 75th year of his His relatives and (riends and the clergy are vited to attend his funeral, from the First Presby- forlen, Pua pohy Jersey City, on Monday, March 17, at four P. M. IrtsH.—On Thursday, March 13, at the residence of her brother, J. P. Fellows, HaRRIgT P, Ik1SH, late of Stamford, Conn. Faneral this (Saturday morning, at eleven o'clock, at 146 West 125th street. Friends of the family are respectfully tnvited to attend. Lorer.—On Thursday, March Be of pneumonia, Isaac C, Lore, in the 77th year of his age. Funeral services to be preached at Sands streét Methodist Episcopal church, on Sunday, March 16, at half-past one o'clock P, M. Stonington and Norwalk (Conn.) papers please copy. LLoyp.—At Newark, N,J., on Thursday, March 13, MARGARET LLoyD, in the 91st year of her age. ‘The funeral will take place from the residence of her son-in-law, Mr. James M. Loweree, 22 Centre street, Newark, N. J., on Monday, the 17th, at ten A. M. Interment at Greenwood Cemetery. la- tives and friends are respectfully Invited to attend. Lyons.—On Thursday, March 13, MARGARET Lyons, a native of Gost, county Galway, Ireland, ed 66 years, he relatives and friends of the family are re- spectfully invited to attend the funeral, trom her late residence, 577 Grand street, this (Saturday) afternoon, at one o’clock. MANNING.—At Plainfield, N. J., on Thursday morning, March 13, Miss CORDELIA MANNING, in the 43d year of her age. The relatives and friends of the family, and those of her brother, Samuel Manning, are invited to at- tend the funeral, at the First Baptist church, in Plainfield, on Saturday, March 15, at 20’clock P. M. MuNexeT.—At Millord, Conn., on Friday, March 14, MARGARET L. MUNERET, aged 79 years. ‘The relatives and friends are invited to attend the services, at the residence of her son-in-law, A. * Hepburn, at Milford, Conn., on Sunday, bh McCartny.—Suddenly, on Friday, March 14, BERNARD McCarthy, aged 70 years. Notice of funeral in to-morrow’s paper, McDonaLp.—-On Friday, Mareh 14, Mary MG. DOoNaLp, aged 33 years, @ native of the county Cavan, Ireland, The relatives and friends of the family are re- spectfully invited to attend the funeral, on Sunday afternoon, March 16, at two o'clock, from her late residence, 227 West Thirty-fifth street. MoGRATH.—On Friday, March 14, Mary McGRaTH, aged 100 years. The relatives and friends of the family are re- spectfaliy requested to attend the funeral, from the residence of her danghter, Mrs, Marect'a Leavy, 629 Sixth avenue, on Sunday, at one o'clock P. M. recisely. Interment in Holy Cross Cemetery, Flatbush. * McGRaTH.—On Thursday, March 13, FRANK M., infant son of William 4. A. and Henrietta McGrath, ed 1 year and 2 months. ‘he relatives and friends of the family are in- vited to attend the tuneral, from the residence of his grandmother, Mrs. Benjamin D. Brush, No, 32 West T'wenty-eiguth street, on Sunday, March 16, at two o'clock P. M. McINtyRE.—On Wednesday, March ee T. clatyre, McIxtyre, son of Thomas and Anne aged 21 years and 8 months, ‘The relatives and friends of the family are re- spectiully invited to attend the funeral, from the residence ef his parents, 88 Mulberry s! t, om Sunday, 16th inst., at one o'clock PENPIFLD.—On Thursday, Mare PENFIELD, aged 73 years, Relatives and friends are respectfully invited to attend the funeral, fromthe residence of her daugh- ter, Mrs, H. E. Parsons, 162 Adelphi street, Brook- lyn, on Sunday, 1th inst., at two P, M. PETTIBON Phe (oneral of GEorer 8, PRrrmont will take place (ron: 57 Amity street, this (Satur- day) afternoon, Maret 15, at one 0” OGERS.—In Brooklyn, on Pri 14, CHARLES ROGERS, Kotice of funeral neve Rusk.—On Friday, Mar Mary A. Rusk, wile of Thomas H, Rusk, years, : Funeral from residence of her father, Daniel Curtis, 606 Leon: street, Greenport, on Sunday, ba ae at two o'clock. Friends of the fam) invited, RyYgR.—At Newbore, N. Be ; , March 18, 1573, HENRY RY, ages yea Relatives and friends are mvited to attend the funeral, this (Saturday) piorneen, a two e’clock, from his late residence. Newburg, N. Y. SCHETTLER.—In the city of Green Bay, Wis, ab the residence of her son, Frederick RK, Se hettle: oa Thursday, March 6, Mrs OanoLine Lowiet SCHETTLER, a native of Heidenhemm, Germany, im the 74th year of her age. ptt hee BY Thursday, March 18, Mary ANN, beloved wife of the late Michael Sexvon, in the 45t year of her age, & native of Rossmore Adair, county Limerick, ireland. The funeral will take place from ber late resi~ dence, corner of New Bowery aod Jams street. The relatives and friends of the family are respect fully requested to attend the fanerai, thie Gatur~ day) afternoon, at hat-past one o'clock. STAPFORD.—On Friday, Maren fter a tong and’ severe ness, HANNaH, the beloved wile of J Stafford, in the s9th year of her age, The relatives and triends of the family are re- spectfully invited to attend the funeral, .om the residence of her husband, 134 Fast Thirteenth, street, on Sunday, March 14, at one o'clock P.M. STUY VESANT.—On pig March Lb. at hi@ residence, d2t East Twentieth street, Jo erm Re STUY VESANT. Relatives and friends are respectfully invited Without further notice) to attend the funeral, sat Sunday, March 16, at jour o'clock P. M.. {rOm St. Mar church, corner of Second avenue and | Bray voean strect, Relatives will please meet im chapel. Trsox.—Of scarlet fever, on Thursday, Mareh 1%y Freppre F., sou of Oscar F, and Lydia li. Tysou, aged 3 years. Relatives and friends are invited to ationd thé 1, from 83 Taylor street, Brooklyn, L. D., om at two o'eloek P.M. it St. Luke's Hes. pital, MARY JANE WALT, aged 72 years, Hoston and Portsmouth (N. EL) papers please copy. Wanrp.—On Wednes lay, March 12, rT a shott and severe flim MICHAEL WARD, ive Of Mule lingas, county ‘The relativ: vited to attend his brother-in-l street, South I at two o'clock prec Wesp.—On Frict M., Iba DELLA Webb, agi wneral services at the hous on Sunday, at half-past twelve mains to be taken to Pittsfield, WILLOcK.—Suddeaiy, on March 12, JAMes Witbocs, in the 35th year of his agay Friends of the family are respectithy mvited te attend the funeral, on Sanday, at one w'eiockg from his mother's residence, 469 SLXbM AVL Udy Montroas papers ylgase copys stmeath, Treland, and friends of the he funeral, from the r A ow Haggarty, 74 (olnmbig (Saturday) aliernoon, 14, 187, at nines oes Henry & yeurta are ine years, ds aday cveningg