The New York Herald Newspaper, April 2, 1873, Page 4

; : to be carried before the Court of Appeals. 4 THE COURTS. ‘THE CHATHAM SQUARE MURDER Second Day of the Trial of Michael Nixon for the Murder of Oharles M. Phyfer— Opening for the Prosecution and Examination of Witnesses Who Saw the Tragedy—The Order of Red Men. THE CASE OF STOKES. A, Writ of Certiorari Granted by Judge Brady—Filing of the Judgment and Other Documents—Final Prepa- rations for the Appeal. —+ BUSINESS IN THE OTHER OOURTS. ‘The three additional jurymen required for the trial of Michael Nixon, fer the alleged murder of Oharies M. Phyfer, in Chatham square, in January last, were obtained yesterday morning in the court of Oyer and Terminer. After this the case was opened by the prosecution, and the examination of wit- ness followed. The trial will be resumed this morn- ing, and it is thought all the remaining testimony will be given to-day. Meantime Judge Brady ordered the jury to be kept together till the close ef the trial. A writ of certiorari in the case of Edward 8. Stokes was granted yesterday by Judge Brady, in the Court of Oyer and Terminer. The object of the writ: is to allow all matters outside the judg- ‘ment record in regard to which the counsel of Stokes claim the latter snould be amended, ‘The judgment in the case and, by the way, the largest ever filed inthe Supreme Court in this district, ‘was filed yesterday in the County Clerk's office. Various other documents were also filed at the same time. The Court of Appeals is getting through its heavy calendar with the most commendable alac- rity. They yesterday presented a large batch of decisions, and expect to follow this with a second list in a few days, Itis thought they will be able te finish their session here next week. in the United States District Court yesterday, in the case of Cyrus Whitney and Timothy W. Skin- ner vs. the ferryboat Sunswick, her engine, &c., Judge Blatchford rendered his decision. The libel had been filed to recover damages for a collision, ‘and the Judge decided that it must be dismissed, with costs. Yesterday the trial of the case of Simon Donan and Christopher Flood, who are indicted for having conspired to defraud the government out ofthe | 5 tax on 5,000 gallons of distilled spirits, manufac- tured at the Spring Valley Distillery, Rockland county, was resumed in the United States Circuit Court before Judge Benediet and a jury. The case Js still on, and will be resumed to-morrow morning. Yesterday Oscar F. Wainwright was brought before Commissioner Shields on a charge of having given straw bail in a case in which the government officiais are at present making a thorough exammation, It for the purpose of qualifying as bail, swore he owned a house in Broome street, which house, upon investigation, turned out to be the property for the last fifty years of a member of one of our old Knickerbocker families. The defendant was committed in default of $5,000 bail. Yesterday a man named Otto Haars, who claims to have invented a process of photography which will do away with engraving, was brought before Commissioner Shields on a charge of having in lus | heard a shot tired; possession a plate for the printing of ten cent cur- rency stamps. The accused states that he had no intention whatever of going into the counterfeit business, but that, as soon as he produced the plate In question he showed it to the National Bank Note Company as a specimen of what he cou!d do in the art which he claims to have newly diseovered, Mr. Haars was admitted to bail in the sum of $1,000. The government officials are satisfied that he has acted honestly in the transaction. Hiram ¥. Cooper and Frederick E. T. Randolph were yesterday fined $250 each in the Unitea States Circuit Court by Judge Blatchford for not having attended when summoned to appear as jurors. The distillery of James Higgins, 412 East Twenty- fifth street, which had been seized some time ago, ‘was condemned by default yesterday in the United States District Court. Judge Benedict will not sit to-day in the United States Circuit Court for this district, matters in the Eastern district demanding his presence there. To-morrow he resumes his duties in this district, THE NIXON-PHYFER TRAGEDY. Completion of the Jury—Opening Address fer the People—Examination of Wit- nesses for the Prosecution—Detatls of | and Arrest of | the Shooting—Flight Nixon—The Mysterious “Order of Red Men.” @ The trial of Michael Nixon for the alleged murder ef Charles M. Phyfer in January last, in Chatham Square, was resumed yesterday morning before Judge Brady in the Court of Oyer and Terminer. As on the day previous, the court room was densely crowded—that kind of a crowd always present at murder trials, but where it comes from a pro- found mystery to everybody—a crowd that seems to feast with gourmand delight on the tragic recitals incidental to murder triais. The ‘Was brought into Court promptiy on the opening of Court, accompanied by his little girl, whom he ‘held in his lap, a8 on the first day of the trial. He ‘was accompanied yesterday by her arms a nursing iniant. There was no change in his demeanor, the same seeming apathetic dog- gedness and sullen taciturnity characterizing him as when first arraigned for trial. Io striking con- trast with bim was the sleek rotundity and jovial, raddéy countenance of Mr. Wilham F. Howe, his @ounsel, who, confessedly capable as he is of con- ducting @ criminal case, is evidently utterly inca- | pable of looking on the gloomy side of even the forlornest hope. Beside the latter sat his asso- ciate counsel, Mr. Abe H. Hummei!, busily employed im taking notes ef the proceedings. The prose- cuting counsel, as on the opening day, were District Attorney Phelps (who, terribly and earnestiy severe as he is in bringing offenders against the law to punishment sunshine of kindly cuarity and hatcor) and his as- sociates, Assistant District Attermeys Russell and Lyons. JURY. rat day’s proceedings only nine jurymen had been ebtained. To make up the required complement, for which an extra panel of 100 had been ordered, did not prove as facile and expeditious a task as was imagined. Mr. Howe, in questioning the candidates for the jary box, looked exclusively aiter the interest of his client, and, if there was a peg upon Which to hang a douut, saga- eiously availed himself of it. “I have termed @ hypothetical opinion as to the guilt of the prisoner,” said one. “Coming events cast their shadows before,” an- swered Mr. Howe, and he had the person set aside, “Have you formed an opinion as to the guilt of the prisoner?” he asked another. “[ believe him guilty,” was the answer; “from the accounts I read in the papers.” “Could that opinion be removed by evidence?’ “It weuld take considerable evidence.” “Then you velleve the prisoner guilty of an | offence, and that he ought to be punishedr’! “Oertainly.”” “You would take your seat in the jury box believing him to be guilty?” “Yes, sir.” Brady came to the man’s rescue, and said vhat the mind was like @ camera, eubject to im- pressions, but which couid be easily removed, He ied that it was hardly possible to get intelligent men in the jury box now &@ days, because of oO ns formed irom reading the papers, but an | ligent and conscientious man should lay aside ig print impressions and give his verdict solely on the evidence. Mr. Howe pressed nis point and the juror was set aside. It took three hours to get the three jarymen. The are the names of the jury as completed :— ‘ ‘SSeaun Goidenbers, JQnB de. Mle GAOL Me is charged that the accused, |, prisoner | wile, bearing in | NEW YORK HMKALD, W#DNESDAY, APRIL 2, 1873—TRIPLE SHEET. Clark, James 4. Schell, Richard Sweetman, Charles 4. Svewart, frederick W. dackson, Alpheus A. Cour- ter, Abram F. Pruyn, Phineas L. Gooper, George B. Share and Jobu Dewhurst. OPENING THE CASE. ‘The jury Lady T gent completed, Mr. Russell pro- ceeded to open thé case for the A eegeepe He commenced by saying that aa all the gentiomen Sworn as jurors had stated they had perused news- paper accounts of the killing of Phyter, they were, perhaps, fully as conversant with the case as he was himself. In his judgment the preeeen. case was one of the utmost importance—4he most im- portant, he censidered, of all the homicide .cases that have been brought, or that are te be brought, before a jury, although the parties to the tragedy were comparatively obscure personages, both the deceased and the prisoner belonging to the labor- ing class. [t was lamentable, but undentanly true, that in New York city the species of crime most prevalent was that mest tn vogue among barba- rians and in barbarous countries, The present cage, from ita peculiar circumstances, he repeated, was one of not doubtful consequence. T! a have to such & pass in this metropolis that re- spectable, citizens, with hand raised it no man and with no man’s hands raised at.them, do not know at eae Cob ofa bisa ¥ ag be shot down ruthie: any who chose to take'1t in nA head of pastime. class of criminals that there is & press, and he considered himself jus hat, as far as the able and ied Jt bench and the District Attorney’s department were concerned, every effert would be made to tes- , 6en the risk of the respeotable of being slaughte: somet! more than looked upon it, indi a8 it grand institution handed down by our fathors—the sys- arbiters of thy fate of th ner conalder ar! of the fate of the lity of murder in the parce, after stoning all the testimony, he poped y would have. courage to say #0, and be the mapas of ths culprit as he deserved, In con he cited the facts of the eating. as, they sapgcses to prove them, and ur lem not to allow their sympathies to override their poet While they would naturally sympathize with the wife and children of the prisoner they must not forget the bereaved wife of the deceased and her four father- less children, He asked them to lay aside every other consideration but their solemn oaths and de- cide the case on the evidence alone. TESTIMONY FOR THR PROSECUTION. At the conclusion of Mr, Russell's opening the Court took a recess for half an hour, and on re- assembling the examination of witnesses for the prosecution began. Frederick Clouse, receiving teller of the Bower Savings Bank, was first called to the witness stant and testified as follows:—About twenty minutes to six P. M. on the 2ist of January last I left the bank and got on a Second avenue car, which, hav- ing stopped for a few minutes, I got of, and, look- ing ahead, saw another car in tront; a pistol was then fired and L saw Phyfer fall; on running up to him saw him lying on his back, his arms extended; a white and gray lorse stood near by, its harness consisting of collar and traces; T felt the pulse of deceased, and discovered that he was not dead; Phyfer was then carried to the side- walk; he had nothing in his hands; blood trickled from a wound word after he fell; Iand some others procured a shutter, on which the dead man was carried to the station; I said to Nixon that he had not been hit, and Nixon said no, but that he would have been if he had not shot Pyyfer, and that he did it to pro- tect himself, Cross-examination—I was some distance away from where the shooting took place, and cannot swear positively to the identity of the accused. Patrick Brady sworn:—I am a driver on the Sec- ond Avenue Railroad; about ten minutes to six P, M., January 21, I was driving my car up town; I saw @ man in a wagon going toward Division street, and at the same time one on horseback; neither appeared to be moving; asI got further up Lsaw the man in the wagon raise up, pull a pistol from his pocket with his left hand, and fire at the man on the horse; the man firing Jumped out of his wagon & moment and looked at the man he had and then jumped back into bis wagon, and, iving his horse a cus, drove away; l saw the man fin from the horse; Pere, cried out, “Arrest that man; to the best of my opinton the prisoner is the man, but I will not swear positively. Crogs-examination—I saw a whifletree on the horse; the man who fired the pistol I am sure fired with his left hand; the man who was shot was on the side of the man in the wagon; they were close together. Re-direct—I heard no words; [saw the man on the horse do nothing. To a juror—The whiMetree was either on the horse’s shoulder or hanging by the harneas. John Long sworn—I am a conductor on the Seo- ond Avenue Railroad; Iwas on the same car as Brady; the first thing 1 saw was the man lying down; the car had stopped, and ,J got olf to sec what the matter was and saw the man lying down; 1 dia not go up to where the man was; I saw the horse; I did not notice any whiMetree; I was about twenty feet away; 1saw a@ man drive away in @ wagon. John McKeon, sworn—Iam an expressman in the employ of the New York and Boston Express Com- peace the night of the shooting I came down ivision street, and as I neared Chatham square 1 I saw a man lying on the ground and a crowd about him; I,saw aman in a smail wagon ; people cried out. ‘Arrest that man ;’’ the man drove in the direction of the New Bewery; he went into a lager beer saloon; I told a police- man what had ber pec and then went back to where the deceased lay; I saw a whimMetree lying | on the ground by the man; I did not noticc any number or name on the wagon. Cross-eXamined—The whiitetree was a large | one, ‘Yo the Judge—There was nothing attached to the whitiletree that I saw. James Reilly, sworn—I was in Chatham square on | the night of the shooting; I did not see the shoot- ing; [heard the report of a pistol; when I heard | the firing I turned around to see what the matter | Was; I saw a man drive away in a wagen; I did not | see his face; I knew Nixon by sight; I knew the wagon; I ran about a hundred yards after the wagon and then I went back to where the shoot- | ing was; after the wagon stopped I saw Nixon at the horse's head; I recognize the prisoner as the man I saw get out of the wagon. Cross-examination—I am a hack driver and know @ Whifletree; I saw one near where the deceased lay; it was about three anda half feet long and had three hooks, one on cach end and one in the centre. Meitertiedia cu aes a Redirect—I went within twelve feet of where the dead man lay; the dead man had then been placed on the sidewalk; the whifletree was lying in the centre of the Bleecker street track; I did not see any one pick it up. john G. Craig, sworn—I am an officer of the Fourth precinct; on the night of the shooting IL wasin the Vicinity of Chatham square ; I reached the scene of the shooting a tew minutes after it occurred; | Went through a crowd and found a man lying, en and OMicer McGrath broaght oh a@ light express wagon ; [had seen the wagon before; the man who Was shot was taken to the Park Hospital; I saw no horse or whitfletree. Joon E, Power, sworn—I am an officer of the | Fourth precinct; I reached the scene of the shoot- ing some three or four minutes aiter it happened the man who kad been shot was lying onsa shutter oppesite No. 6 Chatham square; a boy was | hoiding a horse and said it belonged to the dead man; [saw a whimetree; it was put into a wagon; the whiftletree produced 1s a /uc-simie o1 the one I saw that night. George Van Buskirk, sworn—I am an officer of the Third precinct, but in July last belonged to the Fourth precinct; I arrested the prisoner; I went first to Johu Inman’s lager beer saloon and then to the Bowery, and from there to Nixon’s residence; Nixon was sitting by the stove; [told him that came to arrest lim; Nixon said, “Yes, I shot the man, but he stru at me;" Officer Fitzsimmons was with me; Nixon said at the station house, “I shot the man, because he threatened te strike me; I asked him where the pistol was; he said, | “Go to Maria, and she will give it to you;” Maria | was his wife; Iwent and got the pistol, and the one produced is the pistol she gave me; it was not | loaded; the deceased was taken to the Park Hospi- | tal; the wound was at the corner of the left eye; I , did not see the whittletree till two or three days afterwards. Mr. Howe moved that the evidence of the wit- ness as to the pistoi be stricken out. He insisted that there was no evidence that this was the pistol used by the prisoner. Judge Brady said it there was some evidence, as Nixon told the officer to go to Maria and get the pistol and she gave him thisone. He could not Strike out the evidence without the consent of the District Attorney. Mr. Phelps objected to the evidence being stricken out, the exception. Nathan Fitzsimmons, of the Fourth precinct, waa the next witness. He said that the first he saw of the deceased in the back room of the station house; he was alive but unconscious, Cross-examined—Nixon told the captain, “I shot the man, but he first hit at me.” Captain Uliman, of the Fourth precinct, testified that on the night of the shooting a young man named Lawer came into the station house aud said that a man had been shot in Chatham square. He sent some officers to examine into ‘the facts of the case, Shortly afterwards Phyfer was brought mto the station house and immediately was taken to the Park Hospital. | he told me, “J skot the man.” | did you shoot him?” and he said, ened to strike me with a whimletree.” | Peter Brown, a driver on the Third Avenue Rail- | road, testified that on the night of the shooting his he man threat- | a report of a pistol, and saw a wau drive of ina wagon; he went over and looked at the man who Was shot; he saw a whiiletree; it was lying across the man’s neck; he did not notice a horse; he then hurried baek to his car; his car was moving when he heard the firing; he put on the brake and tled the lines before ne left the car. Mr. Phelps showed to the jury a diagram of the | scene of the shooting and the relative position of | | the streets and parties, and then Mr. W. Pecan was called as a witness, He had known Charles M. Phyfer three years; he saw him after his deatn at the Park Hospital; this was on the 22d of | January. “You belong to the order of Red Men, do you not ?” asked Mr. Howe, on cross-examination. “I am very proud to say I do,’ answered the witness, “That's ali,” said Mr. Howe. The above ended the testimony taken yesterday. Judge Brady told the jury that he regretted it very TSA OB Wiekt AVGOUL Duk We decmed At bia duly | Mr. Howe excepted and was given the benefit of | as @ face al) radiant with the | When Nixon was brought in | Lasked him, “Why | car reached Chatham square at 5:49 P. M.; he heara | If the twelve men eae ss | bis nose; he never uttered a’ eae “way before the Court of Ap) to keep them together. He Seong farthermo: that it was best for their interest umat he should take thiacourse, This wasa papitat case, andin the esent feverish condition of public mind as regards such cases it was much better for their own reputation that they should be sens ther till the close of the trial. He ey al mus be a# comfortably provided tor as ple, these few remmares from Judge Brady the Court ad- journed till talf-past ten o'clock this morning. THE CASE OF STOKES. A Writ of Certiorari Granted—Filing the Judgment Reeord—Twenty Days Allowed the D ict Attormey to An- awer. Stokes’ counsel are not allowing the grass to Grow under their fect, Yesterday, directly on the Opening of the Court of Oyer and Terminer, Mr. Dos Passos “applied to Judge Brady for a writ of certiorari in the case of Edward 8. Stokes. The epplication was made pursuant to the sugges- tion of Judge dy on the previeus day, when he announced in decision det the motion to amend the judgment record, and giving it as his opinion that the subject should be brought in this als, having compe oe en re to hd, Oy judgment record. a] nh . v The judgment in the “4 of Stokes was also fled Sarin tha Oleek ot the. Court. of jer and Ter- miner” This the fed in the 8u- Tt is'the lasgees Tecord over taken the entire time of one man to copy it since Feb: "y 23. This was done in accordance with the writ of error issued by Judge Davis tothe Court of Oyer and Terminer to return the judgment record and bill of exceptions Genéral form. Mr, Dos Passos also filod in the County Clerk's office what are known in com- mon law ie assignments and errors in 3 iments contain statements in Geotail of the grounds on which counsel reiies for a reversion of judgment in this cage, independ. ent of the reasons atated in the bill of exceptions. ‘The District Attorney has been ordered to an- ewer these allegations within twenty days. Con- cluding the list of documents filed were the alic- ‘ations of a denunciation of the record. The prac- ice adopted in this case, tt ia said, has not been resorted to for more than Afty years. BUSINESS IN THE OTHER COURTS. COURT OF APPEALS. Important Question in a Divorce Suit. Before Chief Justice Church and all the Associate Justices. It ta unnecessary to state that before a tribunal like the Court of Appeals, the questions under con- sideration being exclusively dry questions of law, very little occurs of public interest. The Court, however, since ita brief session in this city has gone through an almost unprecedented number of cases, and yesterday handed to the Olerk a batch of de- cisions, which will be found below. Meantime a portien of yesterday was occupied tn arguing @ very nice pemt of law in eonnection with @ divorce suit. Rachel , his wife, tor divorce, on the ground of alleged adultery. Pending this suit an action was brought for the partition of the estate of john Pitts, the elder, deceased, in which the parties to the previous action were both interested. Partition waa denied, and Mra, Pitts refased to release her right of dower, the same being secured by @ mortgage on the property partition, In Octo- ber, 1871, the referee in the divorce action re- ported, song other things, that the defendant ad committed one of the acts of adultery charged ; but that the plaintiff? had subsequently colabited with her, and therefore directed a dismissal of the complaint. This report was confirmed and judgment entered thereon. In September, 1872, ~Mrs. Pitts ‘procured, ex rte, an order directing the collection and payment te her of the moneys due on the above- mentioned mortgage. Mr. Pitts moved to vacate this order, on the ground that the respond- ent had been convicted of adultery, and to have the mortgage ed to him. In November last this motion was denied by Judge Fancher, deliver- ing an opinion. Mr. Pitts thereupon appealed to the General Term, by whom saia order was, in January last, affirmed. From this order of aftirm- ance John Pitts appealed to this Court. The case was argued at considerable length en both sides, alter which the Court took the papers, reserviug its decision. Decistons. ‘The fellowing is the list of decisions referred to above :— The People, appellants, vs. W. C. Stephens et respondents.—Appeal dismissed with costs. Alice E. Dutton, administratrix, appellant, vs. Philip Willner, respondent.—Judgment reversed and new trial granted, costs to abide the event. Philip S. Justice, respondent, vs. W. B. Lang, appellant.—Judgment reversed and new triai granted, costs to abide the event. Stephen KB, Holmes, respondent, vs. Edward N. Mead et al., appellants.—Judgment reversed, and judgment declaring that testamentary trustees are not entitied, without costs to either party, Judg- ment to be settled by Judge Allen, John 8. Pet respondent, vs. The Lake Shore and Southern Michigan Railroad Company, appel- lants—Order reversed, with costs. John M. Moran et al., respondents, vs. George L. Chase, appeliant—Judgment modified by striking out the provision relating to the claim of the Dotys, and, as thus modified, affirmed with costs, The First National Bank of Jersey City, appel- lants, vs. James L, Lelch, respondent; Annie ‘Tatten, administratrix, respondent, james L. Phipps et al, appellants; Aaron A. Degraw, re- spondent, vs. James H. Elmore, appellant—Judg- ment affirmed, with costs, eed Sic John Whitaker, administrator, et al., appellants, ys. May A. Whitaker, administratrix, respondent— Judgment of Supreme Court and decree of Surro- gate reversed and proceedings remitted, with di- rections to the Surrogate to disallow the claim of respondent ior the note of the intestate claimed by her, without costs to either party. Mary Aan Hatch, executrix, appellant, vs. John W. Hatch, executor, respondent.—Judgment modi- fled so as to give the widow the property allowed by statute, and, as modified, aiirmed, without costs to either party. Judgment to ve settled by Judge Grow, . William H. H. Hyde, receiver, respondent, vs. John S. Vanslyise, appellant.—Judgment reversed and new trial granted, costs to abide the event. ‘The People ex rel, P L. Williamson, appellant, ys. Jumes W. McKinney, respoudent.—Order uf firmed and judgment ordered for the defendant, and that the relator was duly elected to the office of collector, and that upon taking the oath of office required by law he will be entitied to take and hold the office for the remainder of the term for which he was elected, and without costs to either party | bas fey the other. Suydam, respondent, vs. John Smith, ap- pellanc; Jerome L. Berger, respondent, vs. The Same, appellant; John C. Berger, respondent, vs. The Same, appeliant; Charles McCrony, respond- ent, vs. The Same, appellant; William R. Hi man, respondent, vs, The Same, appellant; Patrick Mc- Loughlin, respondent, vs. The Same, sppellant; William Koweahoven, respondent, vs. ‘the Same, appellant; Garret L. Kowenhoven, respondent, vs. The Same, appellant; Andrew J. Ryder, respond: ent, vs. John Sunte Toilgather, ellant; James Gascoigne vs. The Same, appellant; James Brettle, respondent, vs. The Same, appellant; Oliver Ryder, respondent, vs. The Same, appellant; William J: Kyder, respondent, vs. The same, appellant; Dit- mas Coe, respoudent, vs. The Same, appellant; Abram Voorhies, respondent, vs. ‘The Same, appel- lant.—Judgiments affirmed with costs, George W. Metcalf, respondent, vs, Josiah H. Baker, appellaut.—Order attirmed, with costs, Benjamin Sheaman, appellant, vs, Josepn L. Strauss, respondent. —Appeal dismissed, with costs. Amasa 0. Miller, appeliant, vs, James R. Adams, respondent,—Jndgment affirmed, with costs, Noody vs. The Same, appeilant,—Dismissed, with- out costs. Edward Day et al., respondent, vs. Hiram Pool, appellant.—Order granting new triai affirmed and Judgment absolute tor piaintit. William Newman, Feapondent, vs. 1%ias Frost, appellant.—Judgment afirmed, with costs. in re the petition of Frederick W. Ward to vacate assessment order served as to assessment lor widening Prospect avenue, and for reversal of the assessment for paving and grading street from Filth avenue to Ninth avenue, John I, McKnight, respondent, vs. Charles Devlin, appellant.—Judg- ment reversed and new trial granted, costs to abide the event. Maria J. Myers, executrix, appellant, vs. Juan c ree, respondent.—Judgment atirmed with costs. Mary O- H. Stoneman, respondent, vs. The Erie Railroad Company, appellant.—Same decision. Robert M. Drake, individually and as adminis- trator, appellant, vs. Fanny Gilmore et al,, respond. ents; The People ex rel. Alexander Oswald and another, respondents, vs. Thomas Taylor et al., As- sessors, appellants; John Mosher, respondent, vs. Charles M. Raudall, executor, &c., appellant.— Judgments alfirmed with cosis. SUPREME COURT—CHAMBERS. Harts Libel Suits Against the Sunday Mereury. Before Judge Fancher, Mention has already been made in the Henatp ofthe four suits brought for alleged libel against the proprietors of the Sunday Mercury by the well known theatrical manager, Josh Hart, The matter came before tis Court yesterday on an interlo- cutory motion, The defendants’ eounsel protested against any action in the case, inasmuch as he in- sisted a settiement had been made with Mr. Hart, and it Was alleged that the matter was only kept alive because, as Was understood, the counsel on the other si ad not been paid his lees, The opposing lawyer most emphatically denied these statements, After quite a discussion the Judge postponed the case till next Monday, 80 as to allow the piaintits counsel to submit alidavits as to the ged set- tuement. THE OLD WINTER ESTATE SUIT AGAIN. This syit, whic bas alxcady been beiore the Josh Qourta for ten y gives no indication of diminished vitality, case came into Court yesterday on & motion toremove the present re- ceive and parti Mr. Henry E. Knox, on behalf of the receiver, eg Toe ably resisted the motion. The Court took papers, reserving its decision. Decisions. John Michels va, Ernestine Miehels.—Report con- firmed, judgment of divorce granted and custody of children awarded to plaintiff. In the Matter of the Petition of Rector, &., of Church of Atonement, &c.—Petition granted, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Van Vorst. Louis Barth a Mary Barth.—Judgment of di- vorce in favor of plainti@. Hilger et al. va, Oxenham.—Motion granted. nor va. Cook.—Order denying motion. aunt Pian va. Sereie.--Oeaer donyiag motion nt, Rock va. ird.—Order granting motion. Cleary va. Donobuo et al.—Plainti ia ontitled to lien on check in the hands of guardian for Fail Hines tor proportion of costs and expeuses of auit, by oct to Cs . rane va, Harn withoutessts 7 denying motion, National State Bank of Elizabeth va. Salmon.— On rs piaiati® file security for costa. ane al. va, Nell.—Order denying judgment Leavitt vs. Matiory et al.—Order of reference. By Ju Curtis. Siuart va. The Third avenue Railroad Com; lem Motion ferasettiement of case denied, withoul prejudice to defendants renewing metion, and ‘without cost to party. by Judge Sedgwick. Gittroy et al. ve. Coburn et. al—aAn order of ret- erence that James B. Coburn and Zerlina Coburn pipe ng lor the proceeds of the houses should be en MARINE COURT—GENERAL TERM. Death of an Old and Respected Member of the Bar. An old and highly respected member of the Bar of New York a@way yesterday and has taken himself and Nts cause to the great tribunal before whom all men are to'be judged. Frederick H, B. Bryan, whose stalwart jorm and kindly face were a feature in the United States and State Courts of this city for tne last forty years, died yesterday from some injuries accidentally received & week or two ceased had @ history known only totew. He had, years ago, before casting his lines tor life in this country, served in a high rank in the British army, His Career at the Bar here was a struggle, bué an honorable one, and few men, even to the manner born, have of late years passed away leaving behind kindlier memories than Mr. Bryan. In the Marine Court, General Term, Chief Justice Shea and Judges Ourtis and Spaulding holding Court, an adjournment was had in respect to the memory of the deceased. Judge Shea, in bricf but feeling terms, spoke of the great worth of the de- ceased and his claims for such a recognition by the younger practitioners at the Bar, many of whom were yet unborn when Mr. Bryan began his legal career. Directing that the proceedings siould be entered on the records, the Court adjourned, MALINE COURT—SPECIAL TERM. Before Judge Joachimsen. At the openiag of the Oourt yesterday morning it was moved by Mr. Stephenson and seconded by Mr. Yenni tuat the Court adjourn in respect to the memory of the late Mr, Bryan. Judge Joachimsen said he had known the de- ceased for thirty-five yeara, ‘hroughout that long period he had never known @ man who, with the like culture, professional ability and recognized talents, had devoted himself so solely and un» selfishly to the discharge of the duties of his pro- fession and the interests of his clients as Mr. Bryan, Poor in the worldly acceptation of the term as deceased was, he will prove a serious loss to many a poor client whose cause he would have espoused and whose poverty may withhoid others more worldly-minded {from adopting @ similar cuarea Judge Joachimsen then adjourned the ourt. COURT OF GENERAL SESSIONS. Some Minor Cases of Larceny—Tribnte to the Memory of the Late Hugh Max- woell—Remarks ef District Attorney Rollins, Mr. A. Gakey Hail and the City Judge. Before Judge Sutherland, In this Court yesterday Henry Heim was tried upon an indictment for misdemeanor, which charged him with compounding a larceny. It ap- peared that the accused Kept a tailoring establish- meat, and that a man named John Mahoney pro- cured @ sult of clothes valued at $30, which a friend 01 his paid Mrs. Heim for on the same day. There was really nothing in the case, and the jury ren- cane @ verdict of not guilty without leaving their sea: f Henry Wilson was tried and convicted ef stealing on one day last mouth irom the Grand Ventral depot a satchel containing clothing valued at $32, tae prouerts of Isaac Sommers. There were mitigat- ing circumstances in the case, and the Judge modi- fied the punishment to one year’s imprisonment in the State Prison, Charles Relyea, charged with stealing a horse on the 19th of February, vaiued at $25, aud owned by Luke Fitzgerald, pleaded guilty to petit larceny, and was sent to the Penitentiary for six months. dames Lynch, indicted for burglariously entering the stable of Lawrence J. Moore, 277 Spring street, on the 10th of December, pieaded guilty to petit Jarven ts he having stolen an overcoat valued at » tw noes 0 months in the Penitentiary was the sen- ence.” Archibald White, who on the 13th of Maroh stole $2 20 from Samuel P. Russell, pleaded guilty, Cer- tain facts in extenuation were mentioned to His Honor, which induced him to mitigate the punish- ment to ten days in the City Prison. Forgery. Abraham Berrick, jointly indicted with George Reese, pleaded guiity to forgery in the fourth de- gree. Itseems that on the 13th of March the Ac- cused forged an order for three gross of Virginia leat and one gross of Peach Blossom tobacco, pur- ting to have been signed by John Hines, 255 reenwich street, which was presented at a tobacco factory in avenue D, The prisoner was re- mandea for sentence. All the cases on the calendar having been dis- posed of, Assistant District Attorney Kollins rose and said that his attention had been called to the fact that Mr. Hugh Maxwell, au honored practioner at this bar, and who, for eight years, was District Attorney of the couatry was dead. fe (Mr. Rol- Ji&'s) moved that the following be placed upon the minutes e1 the Court:— While the mortai remains of the late Hugh Max- well await in this city burial rites the District At- torney and the practitioners in this court request that upon its minutes be evtered a brief tribute to the memory of one who, from 1821 to 1829, was District Atcorney. He was firm, incorruptible, conscientious and zealeus cer. His firmness was always subsidiary to justice #nd his zeal was ever tempered with mercy while public prosecutor. Many cases in the volumes of reports vindicate his learning a8 a lawyer, and there live many of his juniors who can attest to this genera- tion his eloquence and skill a8 an advecate. ‘These also remembered with pleasure his unvary- ing courtesy of manner as a gentleman and his genial sincerity of intercourse as afriend. At the Tipe age of eighty-six years, and in the iull_posses- sion of kis intellectual faculties, cherishing classi- cal learning, literary association and religious in- fluences to his dying hour, Hugh Maxwe!l has passed into the second stage o! life worthily la- mented and honerably to be remembered. Mr. A. Oakey Hall, representing the Bar, sec- onded the motion in a brief and elegant address, He said that it was most apprdpriate that His Honor, a8 an old District attorney; that his iriend on the other side of the Bar, as the District Attorney now, and himself, as one who had filled that oilice for nearly twelve years, should jom in a tribute of re- spect to the memory of such an old officer. He (air, Hall) had heard His Honor say of a gentle- man, “He was a man who, if he walked up sroad- way, ail the world would look at with respect and love.” Such aman was Mr. Maxwell, and, old as he was, it Was not long since he (the speaker) saw him in the streets attracting just the attention that was given to the triend of whom His Honor had once spoken, Though somewhat feeble, yet erect, with the head and hair of a patriarch, and intellectuality stamped upom every feature of bis face, Judge Sutherland, in granting the motion, re- marked that he never had the pleasure of meeting Mr. Maxwell, but had heard @ great deal of him. Not only had he @ high reputation as a criminal lawyer, bat was equally renowned as a civil lawyer. His Honor thought that the practice of noticing the death of re us Who earned justly a high reputation in the legal profession was very appropriate, and to him there was something de- iightral in the idea of dying and knowing that one Was not forgotton by his projessional assoc s. Such notices of respect for the memory of deceased persons tended to encourage efforts for deserved Jame in professional practice. The Cuurt then adjourned. JEFFERSON MARKET POLICE COURT. Highway Robbery. At the Jefferson Market Police Court yesterday, before Justice Ledwith, Eaward Murphy, of 448 West Sixteenth street, was charged with assault- ing Charles Korn, of 126 Delancey street, while walking through Tenth avenue, knocking him down and robbing him of a quantity of combs, valued at $2 80, To this he pleaded guilty. He was also charged with snatching a carpet bag, containing clothing, from the possession of John North, 618 West Twenty-second street. He was committed to answer. A young maa named William Gott, sald to be a member of the “West Side Gang,” met Miss Annie | store, It was not removed at the time, TOMBS POLICE COURT. A Confidential Porter who Looks After the Interests of His Employer is Caught Purloining—Steali: William P, Butler—Proceedings Before Judge Dowlin, John Rademacher has been in the employ of Syl- vester Brush, furrior, at 429 Broome street, for the last three years, Dufing thia time Mr. Brush has missed quantities of valuable goods. He had the moat implicit confidence in Rademacher, and com- miasioned him to look out fer hia interests and try and detect the thief. Rademacher was so energetic in his work ‘that he discovered that nearly every clerk that was engaged by Mr. Brush wit! the last two years was dishonest, and one after another they got their discharge in consequence of Rad ers cargo EE seit & Bus] with some sixty ‘lowarst worth of fore aud stowed away in an obscure pats e ‘4 next morning was Wexse ay ve ae a 4 @ similar bag waa foun of ture. AG. wi ned Dy. one of Mr, Brush’s sons. Determined to catch the eulprts Mr, Brush employed a man named Ruasell D. Wiley to watch the store on Saturday night. Wiley saw Mr, Brush lock the store and give the key to Rademacher. Some time afterwards he saw Rademacher re- turn, unlock the store, go in and come out again with a bag in hisvand. He watohed bim and saw him enter the house 327 Broome street and come out without the bag. Monday afternoon Rademacher was arrested, and ho was arraigned before Judge Dowling in the Tombs Police Court yesterday bliin ir. Sylvester Brush, Bacon, and M Russell \D, Wiley appeared to testify = It was alleged eT Mr. Brush that when Rademacher was arrested he coniessed to having stolen the goods, and also that he sold them to Levi P, Aaron, 327 Broome street, who knew that they were stolen. Aaron's premises wero searched, and $135 worth of {urs were there, which were ideutified by Mr. Brush as his property. Both Rademacher and Aaron were brought y for examination in the afternoon, and Judge Dowl- ing held them under $10,000 baii each to answer at General Sessions, A Heavy Larceny. Patrick McHugh, @ stalwart-looking man, was arrested yesterday by Oflcer McAvoy, of the Sixth precinct, chargedwith stealing 300 atone blocks, used for paving the streets, and known as the Belgian pavement. Mr. Hugh Moore, of 261 Mulberry street, saw McHugh drive up his cart in front of his resi- dence an@ take away a load of these blocks, He called the attention of OMicer McAvoy, who, in behaif of the Vorporation of the Seer New, York, made a complaint against McHugh. Judgé Dowling held the prisoner under $300 bail to answer. William P, Butler, who was held on Monday for ex- amination on & opens of attempting to swindle Louis Schepp, of 180 Duane street, was identified yesterday a9 8 party who had obtained $40 irom Colgate & vo, of 55 John street, on @ forged dralt. On the 18th of November he went into the store of Mr. Colgate and represented himself as Mr. R. H. Reed, of the firm o! B. N. Reed & Sons, Washington, D. 0. He bought $175 worth of fancy soaps, which were sub- sequently shipped to Washington. and induced Mr, Oolgace to advance him $40 on a sight draft on the house he waa supposed to be connected with. Tie dralt was sent to Washington, payment of which was refused and the draft was protested. Judge Dowling, therefore, again remanded But- ler tor examination, which wilicome up to-morrow, at one o'clock, COURT CALENBATS—THIS DAY. Naa OF APPEALS.—Nos. 8, 9, 10, 42, 174, 12, 5, Surreme Oovurt—Cuampers—Held by Judge Fancher,—Nos, 242, 269, 271, 276, 283, 202. Court or Common PuxAs—Trial, TERM—Part a by Judge Larremore.—Adjourned for the erm. MARINE CouRT—TRIAL TeRM—Part 2—Held by. Judge Curtis.—No. 1597. bi aria CouBT—GENBRAL TgRM.—Calendar con- inued, CAPITAL PUNISHMENT IN OHIO. CoLumBos, April 1, 1873. In the House this moraing the bill to abolish capital punishment was defeated, Only twenty- nine votes were cast in ita favor, MARRIAGES AND DEATHS. sf Married. Fownrs—HABiey.—On Wednesday, March 12, at Christ Church, Waterloo, near Liverpool, England, by the Venerable Archdeacon Jones, assisted by the Rev. T. M. Lester, M. A., HENRY, eldest son of Frederick Fownes, Esq., of South Town, Waterieo, to CaRnif, eldest daughter o: William Habley, Esq., of Myrtle Bank, Waterloo Park. “Died. ALLEN.—On Monday, March 31, 1873, after @ short illness, MARTHA ALLEN, wife of the late Colonel William H. Alien, U, 8. A., of Brooklyn. Qswego and Port Jervis papers aioe copy. BalLey.—In_ Brooklyn, on esday, Npril 1, MonToomERY J. BaiLRY. Due notice of the funeral will be given hereafter. BaRRAS.—Suddenly, at Coscob, Conn., on Mo! day, March 31, CHARLES M. BAaRRAS, d 47 years, The funeral will take place from Christ's (E} copal) church, Greenwich, Conn., on Thurs April 3, at ten o’clock A. M. Trains will le: Grand Central depot at eight o'clock A. M. (1 tiages will be in attendance on the arrival ef the train at Greenwich. BRYAN.—Suddenly, of disease of the heart, FRED- BRICK H. B. BRYAN. Funeral will take place from his late residence, 177 Lexington avenue, at one o’clock P. M. on Wednesday, April 2. Friends of the deceased are invited to attend without further invitation, CarPENTER.—On Tuesday, April 1, MaRY CARPEN- TER, aged 20 years. The friends of the family are requested to attend the funeral, on Thursday, April 3, at ofie o'clock, from her late residence, corner Fifty-seventh street and Eleventh avenue. COLEMAN.—On Sunday, March 30, at the resl- dence of his parents, 501 Grand street, Williams- burg, JAMES A. COLEMAN, of pneumonia, in the 29th year of his age. A solemn requiem mass will be offered for the Tepose of his soul, at St. Mary's Church of the Im- maculate Conception, Leonard, corner Manjer street, Friday morning, at half-past ten o'clock, alter which the remains will be conveved to Cal- vary Cemetery for interment. The relatives and friends of the ogo also of his brothers-in-law, P. A. Fitzpatrick and F.M. McCaun, are respectfully invited to attend, CROWELL.—On Monday, March 31, at her resi- dence, 837 Eighth avenue, CATHARINE F, R. Crow- ELL, in the 49th year of her age. The relatives and friends of the family are re- spectfully invited to attend the tuneral, from the Third Universalist church, corner Bleecker and Downing streets, on Thursday afternoon, April 3, at two o'clock. Darsy.—At Plainfield, N. J., on Sunday, March 30, 1873, MARY P. MILLER, wife of Albert B, Darby, and youngest daughter of L. W. Miller, Es The relatives are invited to meet at the house at half-past one P. M., April 2. Services at the Metho- dist kpiscopal church, Plainfield, N. J., at two P, M. Trains leave foot ef Liberty street, New York, at 12 o'clock M. DELLAHONT.—On Tuesday, April 1, 1873, ELiza- BETH, Widow of John Dellahunt, a native of Kiliow, county Longford, Ireland, The funeral will take place on Thursday, April 3, from her late residence, 119 Cumberland street, Brooklyn, at two P. M. DrrMars.—On Tuesday, April 1, Oscar Prrer, iniant son of Oscar G. and Adele L. Ditmars. The friends of the family are respectfully invited to attend the funeral, at the residence of his ents, 169 West Forty-ninth street, on Tuesd: ek, atone o'clock P.M. The remains will be taken to Woodlawn Cemetery. Dowpt At Germanville, Ottawa county, Ohio, on Wednesday, March 26, 1873, Grorgr DownINa, an old and respected member of the Masonic fra- ternity of New York, aged 77 years. Fortung.—At Manhattanviile, on Monday, March 31, SUSAN MARY, adopted daughter of the late John and Ann Fortune, sged 20 years. Relatives and friends are respectfully invited to attend the funeral, from St. Mary's Episcopal church, 128th street, near Broadway, this (Wed- nesday) afternoon at four o'clock. GaRYPIzE.—On Monday, March 31, the wife of Louis Garypie, aged 36 years. Relatives and iriends are respectfully invited to attend the funeral, from her late residence, 115 Woicott street, South Brooklyn, chis (Wednesday) morning, at nine o'clock, thence to the Church of the Visitation, Verona street, where there will be a high mass of requiem offered for her soul; thence at hall-past one o'clock to Calvary, HavanaGu. —Suddenly, of membraneous croup, on ‘Tuesday, April 1, WILLIAM FRANCIS HAVANAGH, Son of Peter and Margaret Havanagh, aged 2 years and 10_ months, His iuneral will take place from the residence of his parents, 226 West Forty-second street, this aiternoon, at two o'clock. * TiawLky.—On Sunday, March 31, of apoplexy, Mrs, Herry HAWLEY, aged 73 years. Funeral from the residence of her son, John 8, Hawley, Stapleton, 8. L, today (Wednesday), at eleven o'clock. Jonns.—On Tuesday, April 1, of dyptheria, Ep- WARD EVAN Jones, beloved son of Evan and Jane Ann Jones, aged 2 years 10 months and i6 days, Members of Ancient Britons and Keystone Lecae, No. 236 F. and A. M., are Lie sage 4 in- vited to attend the funeral, from Madison street, to-day (Wednesday), at one o'clock P. M. KéubypAt his residence, 21 Irvine lace. on Ww , April 2, at ‘past ten A. M. ie M March Ie sce wie eee tate a "the ‘relatives and i 4 of the " spec Anvited to atvend the funeral, ‘rom. soc late re nce, 459 West Eighteenth street, on Thursday, April 3, at nine o'clock A. M., from then toSt. Bernard’s church, where a sole! : mass will be offered up for the repose of her woul; thence to Calvary Cemetery for interment. Lywn.—On Tuesday, April 1, Hug LYN, 3 years of age, of diptheria. The relatives and friends of the family, also the embers of Washington Council, No. 3, are re- Spectully invited to attend the funeral, from his late residence, No, 3 Bethune street, on’ Thursday ae at eight o'clock precisely, without further MarTTHBWws.—On Sunday, March 30, at Orange water, N.J., Joun H, Mavtanws, in the 66th year Funeral services from St. Mark's patel N. J., on Wednesday, April 2, at one o'clock P. M. n of Victor &. and Marie K. aged 4 years and 3 months. i ineral wiil take place at noon to-day (Wednea- day), from his late residence, No. 4 Lower Windsor terrace, Coney Island road. denoe, 4 St, Mark's plate, Huot Maswate, fsa, s rk’s place, HUGH MAXWELL! in the's6th year of his age. ie Tho relatives and friends of the Amily. and the members of the La tart and Bar, are invited te attend his funeral, on Wednesday, April 2, at four o'clock, from the Firat Presbyterian church (Rev. Dr. Paxton’), Fifth avenue, between Kleventh and Twelfth streeta. MESEROLR.—At Greenpoint, on Monday, March HT eae MESRROLY, in the 55th year of nw Relatives and friends of the family are respect- fully invited to attend the funeral, from the Re formed church, Kent street, Greenpoint, on Thur day afternoon, at two o'clock, lONTGOMERY. —Suddenly, on Monday, March 31, James M., son of James M. and Agnes A. Mont- gomory. Relatives and friends are invited to attend the funeral, from the residence of hia parents, 295 Ryerson street, Brooklyn, on Thursday, at two o'clock P, M. MoNTGOMERY.—On Sunday, March 30, FRANOTS BrRapkN, infant son of Robert O. and Mary Moat- gomery. The friends of the family are invited to attend the funeral, irom his parents’ residence, 21¢ Bay street, Jersey City, on Wednesday, April 2, at twelve o'clock. MorAN.—On Monday mormng, March 31, Evia MORAN, daughter of the late Martin and Bridget Moran, in the 24th year of her age. Relatives and friends are invited to attend the funeral, from het late residence, 318 Broome street, this Cit red NE atl) at ten o'clock. “Mutvay.—On Tuesday, April 1, Mary MULvRyY, beloved wife of Francis Mulvey, native of thé parish of Kiltohert, county Leitrim, Ireland. Friends of the family are respectfully invited to attend the funeral, from St. Gabriel's Roman @atholic church, East Thirty-seventh street, at ene o’olock P. M. MOKENNA.—On Tuesday, April 1, JouN MOKBNNA, a native of Aughaderry, county Monaghan, Ireland, in the 67th year of his age. The relatives and friends of the family are re- spectiuly invited to attend the funeral, from 30 West Twenty-sixth street, at half-past one o'clock. MOKINLEY,—On Monday, March 31, ELLEN MoKin- LAY, aged 32 years. The relatives and friends of the conte. are To spectfully invited to attend the funeral, from the residence of her sister, Mrs, Murphy, 1,535 Secona avenue, between Seventy-ninth and Hightieth atroats, on Wednesday, April 2, at half-past one o'clock. MOLAUGHIIN.—ANNA MARIA, daughter of P, and Eliza A. McLaughlin, aged 17 months and 25 daya. Friends of the family age respectfully invited te attend the funeral, trom the residence of her grand- father, John Sheals, 224 East Twenty-first street, on Wednesday, April 2, at eleven A. M. EWTON.—On Monday, March 31, CATARINA, wife of Thomas W. Newton, in the 70th year of hor re. The relatives and friends of the family are re spectfully invited to attend the funeral, trom hee late residence, 28 Jefferson street, 01 April 3, at one o'clock. Parpow.—On Sunday, March 30, Kare S., wife of Robert Pardow, Jr., and daughter of the late An- dre , Relatives and friends are invited to attend tre funeral, from the residence of her mother, 68 Firth avenue, this (Wednesday) morning, at a quarter te nine precisely, thence to the Church of St. Francia Xavier, West Sixteenth street, near Fifth avenue, where a solemn mass of requiem will be offered fer the bag of her soul. Her remains will be in- terred By Pptrick’s pashedeal, Rivey.—In y City, on Tuesday, April 1, MARGARET RILEY, in the 19th year of her age. Relatives and friends of the family are invited to attend the funeral, on Thursday morning, at eleven o'clock, from the residence of John Coyl, corner ot Mont; seat) and Warren streets, Jersey City. Her remains will be taken to Calvary for interment. Ryon.—On Monday, March 31, 1873, at eleven o'clock A. M., Mr. JoHN R. RYON, aged 39 veara, His relatives and friends are respectfully invited to attend his funeral, from his late residence, 325 East Ninth street, at four o'clock P. M., Wednea- day, April 2. His remains will be taken to New London, Conn., for interment, on Thursday mora- jew London papers please copy. don cones ana No. 628, F. ae ba ted , you are here mone 0 atten communication t0-b8 hel g ee rooms, No. 8 Union square, on Wednesday, April 2, at three o’clock sharp, for the purpose of paying the last ribute of respect to our late brother, John R. ‘on. 0. S. DEFOREST, Master. /KORGE W. WEED, Secretary. IMPSON.—On Monday evening, March 31, 1873, FLORENCE SIMPSON, youngest daughter of William P. and Mary Jane Simpson, aged 3 years, 5 montha and 11 days. The relatives and friends of the family are re- Spectfully invited to attend the funeral, trom the residence of her parents, 444 West Thirty-fifth street, on Wednesday, April 2, at one P. M. STEVENSON.—On Tuesday morning, April 1, ELLEN V., widow of the late Evan Stevenson. Funeral to take ed from her late residence, 81 East Tenth street, on Friday, 4th instant, at ten A.M. Friends and relatives are invited to attend. Srorms.—On Saturday, March 29, at Modena, N. Y., WILLIAM P. Storms, formerly of this city. ‘The funeral ‘will take place at the Reformed church, at Unionville, estchester county, on Wednesday, April 2, at half-past ten A. M. ins leave Grand Central depot at 8:25 A. M. SLEVIN.—On Sunday, March 30, James SLEVIN, aged Led years, a native of Tatacor, county Tyrone, eland. The funeral will take place from his late resi- dence, 232 Mott street, this (Wednesday) after- noon, at one o'clock. The friends and uaint- eres ot the family are respectiully invited to attend, Swivey.—On Tuesday, April 1, James JosEPn, son of William and Frances Swiney, aged 19 years, 3 ‘months and 21 days. Funeral will take place from the residence of hia parents, 78 Henry street, New York, on Thursday, April 3, at one o’clock P. M. '‘APPEN.—On Tuesday, April1, Davip Taprgn, in his 73d year. The funeral services will be held at his late rest- dence, No. 16 Attorney street, on Thursday after- noon, at four o'clock. Relatives and friends, and those of his brother, Charles B. Tappen, and the trustees of the Mechanics and Traders’ Savings Bare are invited to attend the funeral, without further notice. The interment will take place at oye Hill, on Friday morning. ‘AN Vorst.—On Monday, March 31, Garrer J. Van Vorst, aged 46 years. The relatives and friends of the family are re- spectfully invited to attend the funeral, on Wednes- day afternoon, April 2, at two o'clock, from his late residence, Bergenwood avenue, near Union Place, town of Union; N.J. The remains will be taken to English Neighborhood for interment. WaLpo.—At her residence, Windsor Plantation, near Georgetown, 8. C., om Thursday, March 27, Saran C. H., widow of Horace Waldo, of New York, aged 73 years. WALTER.—On teehee March 31, MaTtLpA, wife of John W. Walter, in the 32d year of her age, The relatives and friends of the family are re- Spectfully invited to attend the faneral, from her late residence, 13 Gay street, on Wednesday, April 2, at one o'clock. WILLIAMS.—On Monday, March 31, MARTHA Cuvrca, wife of William 3. Williams and daughter of the late Rev. Samuel Church, of Pittsburg, The relatives and friends of the family are re- Spectfully invited to attend the funeral, at her late residence, 566 Fifth avenue, on Wednesday morn- ing, April 2, at eleven o'clock. Death of George M. Klots, Esq. Ata L pote meeting of the rector, church wat den and vestrymen of Christ Church, of North ne held on March 29, 1873, it was unani- mously Resolved, That in the death of George M. Klots, Junior Warden of this church, we bow with rever- ence and submission to the will of our Heavenly Father, who has removed one of our number from the scene of his earthly labors. Resolved, That the church has lost a most de- vote and efficient officer, who was wise in counsel, untiring in effort and unwavering in purpose for the temporal and spiritual good of the church of which he was an honored member, Resolved, That we have lost a devoted co-worker in the vineyard of our Lord and master, a devout and sincere Christian and An upright member, whom we have for many years held in high esti- mation, and now sincerely mourn his sudden and untimely departure. Resolved, that the community have lost a most valuable citizen, an honoravle and upright man in all the business relations of life and one held in high estimation by all who knew him, esolved, That we attend his tuneral in a body and tender to the deeply aMicted family (especially his widow and fatherless children) our heartielt sympathy and condolence, Resolved, That a copy of the above be sent to the New York ILeRaLp and the Brooklyn Times for pubille cation and another to the family of the decease with the earnest prayer that God may sustain an comfort them in the dark hour of trial and bereave~ ment, A. H. PARTRIDGE, Rector. E. D, Jones, Clerk of the Vestry. Thursday,