The New York Herald Newspaper, July 9, 1873, Page 9

THE COURTS. _—_ BOARD OF ESTIMATE AND APPORTIONMENT Snapping Fingers at a Bankruptcy Mandamus and Getting Into a Scrape. TEGRAVE LIKELY TO BE LET LOOSE. oe T's a Important Judicial Opinion Upon Arrests Under Extradition Treaties. IMPORTANT TO BROKERS, Railroads Wrangling and Brokers Eoth- ered About ‘their Commissions. BUSINESS IN THE OTHER COURTS. The jurors who were summoned to the United Brates Mstrict Court to try the case of Woodhull, Aliflin and Blood will be paid for their attendance ‘by the United stares Marsha! on Friday, July 11, at ‘twelve o'clock M. A report was in circalatton in the United States Courts yesterday to the effect that some action would be taken in the Department of State at ‘Washington towurd reviewing the recent action of the federal Courts of this city in relation to tne case of Car) Vogt, a Prussian subject, who had been held for extradition to Germany ona charge of having murdered, at Brussels, the Count de Bois de Bianco. Such action on the part of the State Department would be altogether unusual. The question arises, has the State Department au- thority to review judicial proceedings? The ‘case of Vogt is the only one of the kind that has ever arisen under the Extradition law, the point being whether Prussia has a tight to demand from this conntry tne surrender of a Prussian subject who is accused of committing a crime in the kingdom of Belgium. ‘The federal Courts have decided that Prussia does Possess such right by virtue of “the jurisdiction” ofher Courts. {tis hardly possible that the State Department will venture to set aside the delibe- rately expreased judgment of United States magis- trates and judges. As will be seen by a report elsewhere, Judge ‘Van Brust, sitting in Chambers of the Court of Common Pleas, granted yesterday an order to show cause why the members of vhe Board of Estimate and Apportionment should not be punished for coutempt in tailing to comply with a writ of pe- Trempvory Mandamus granted by the Court, Tne motion in question, as will be seen, has reference to tne claims of the clerks of the old Bureau of ‘Elections for pay, but the interesting point is a final determination of the question whether this Board shall continue to snap its fingers with im- purity at the mandates of the @ourt. There seems a prospect finally, from a decision given yesterday in the case of Alfred G. Legrave, by Judge Faucher, of the Supreme Court, that the Jong protracted litigations in which tnis gentie- aman has been involved are not likely to trouble the Courts much longer. This decision ts specially im- portant as deining the grounds upon which arrests may be made abroad under extradition treaties. Judge Daniels, in the Supreme Court, Chambers, yesterday, issued @ mandamus against Comptroi- ler Green to appear at twelve o'clock to-day and Bhow cause why he refuses to pay Alderman Mon- hheimer his salary as Supervisor for the months of May and June. The writ was served yesterday afternoon. THE BOARD OF ESTIMATE AND AvPORTION MENT. An Apportionment to Cover Expenses Sought For by the Clerks of the Old Election Bureau—Disregarding a Per- emptory Mandamus and Possible Com- mitment for Contempt. Under a special act of the Legislature the old Bureau of Elections was organized by the Board of Supervisors, the clerks appointed and their salaries fixed. It was pre-cminently a good thing for the clerks, Cornelius Carson, notable as one of the aldes-de-camp of William M. Tweed, being at the head of the Bureau. Matters went on very agreeably for the clerks—that is to say, they drew thelr salaries with most punctual regularity—until the close of 1871, when a storm cloud cast Its sombre shadow over the horizon of their hopes. An appropriation failed to be made to over their expenses for the coming year. Notwithstanding the little obstacle of not getting their pay, the clerks stuck till the 8th of June, when the Bureau was abolishea snd tts onerous duties transferred to the Police Depart- ment, But the clerks were not disposed to let the matter drop here, so one of their namber, Patrick McMullen—this was designed as a test for the claims of all—brought an action recently in the + Court of Common Pieas, before Judge Larremore, to compel the Board of Estimate and Apportion- ment to make an appropriation to cover the ex- penses of the defunct Bureau of El ections from De- ember 31, 1871, to the 34 of Jt 1872, The answer to this was that the Board of Estimate and Apportionment had no power to make the appro- ‘lation. Aiter having a lengthy argument, the wroceedings being in Chambers, Judge Larre- ore granted a writ of peremptory mandamus “to compel the Board to meet forthwith and ascer- tain the apportionment needed to meet the re- uirements of the relator. On the return day of e writ the Board had failed to comply with the mandamus; buton their behalf several reasons ‘were urged beiore Judge Van Brunt, to whom the matter was made returnable, why the ‘writ should not be obeyea. Judge Van Brunt yes- werday gave his decision in the case. The foliow- ing is bis opinion in full, which, owing to the important principies involved, wili be iound to be interesting :— JUDGE VAN BRUNT'S OPINION. It was claimed upon the argument that this re- turn was sulticient because Judge Larremore had simply decided, upon the application for a manda- mus, that it was mecessary that the relator should present to the Buard of Estimate and Apportion- Ment his claim for them to act upon before we could take any action to compel its payment; that ®@ mandamus should issue to bring the Board to- gether, so that the relator’s claim might be pre- sented to the Board jor action, that being a neces- wary preliminary step to further action upon the part of the relator, and that this was all that it ‘was intended that the Board should be compelled to do in order to fully ri with the require- ments of the mandamus, and that the question “whetuer chapter 779 of the Laws of 1878 authorized the Board to make the appropriation asked for was not Co mney upon, Upon an examination of the jandamus itself it willbe seen that U1 cannot ve been the decision, because the recitals of the mandainus are at Variance with it. After reciting ‘the various acts and proceedings upon which the eelator has founded his claim the mandamus re- cites a6 follows:—‘And whereas our sald relator has applied to the said Lah of Apportionment, acting pursuant to the provisions of chapter 95 ol the Laws of 1878, and to the said Board of Estimate and Apportionment to estimate and apportion the amount required to meet the claims of our said re- Tator a8 above set forth, with the interest thereon, ursuant to the various laws above set forth, and shat the said Board have failed and neglected or rofused 60 to do, as we have been informed by the complaint of Patrick R. McMuilen, which we have adjudged to be true, as Sppears to nF of record. Now, therefore, we * * command you * * * forthwith to meet as a Board of Estimate and Ap- ‘tionment, and 10 reconsidering, revising and re- letermining the estimates heretofore made * * * ‘to consider, take actton upon and determine the amount to be estimated and apportioned to meet or provide for the salaries, &c.” It is thus seen that the Court haa adjudged that the relator’s claim has been DULY PRESENTRD TO THE BOARD, nd that the ;Board have failed, neglected or re- to apportion the amount claimed, conse- juently there was no necessity that the Board ould meet in order to give the relator an oppor- tonity to present his claim, because he had al- Yeady done 90, The Board having failed, neglected or refused to make the Sporn the relator ‘came to the Court to compel the Board to do so, ‘End this is the application passed upon by Judge more, as appears by the mandamus. A com- te answer to such an application would be (if he fact were so) that chapter 779 of the Laws of pau did not allow the Board to make such an 3j pment. and that. therefore. they have lalle or refused to do so, and if the respond- ents tailed to raise that question at the time of the return of the alternative writ they cannot do so now. (The Feople ex ret. MoGowen vs. Green.) It is clear irom tie recitais of this mandamus that the mandamus was not issued simjly to bring the Board tog.t er so that the relator might make & request to tue Board, as was claimed on the argu- Meot upon this return, as the mandamus itself shows that the request had been made ana the Board had negievted and reiused to comply with it, Which retusal would lave been justified had the Board not been authorized to make the apportion- ment, It seems to we, tuerelore, trom THE MANDAMUS ITSELF, that the P here Sy rts of tue Court was that as the Board had newiected, failed or refused to make the SeRcpneR ures the law requiring them to do so, & mandamus must issue to compel them to do so. The abu ve reasoning apes equally to the second branch of the return. [i does not appear that tae revision claimed to have been made wus made sub- sequent to the service of the order to show cause, and we must assume that it was made bejore, an that ground, 1f well taken, Would bave been an au- swer to the application for the mandamus, and it must be deemed to beve been overruled. The last branch of tue return is not good as a pleading, and must theretore be disregarded, The Supreme Court at General erm held that upon the return to @ peremptory writ the only foto 18, have the respondents complied with the commands of the writ? I have shown that writ could not have been issued sor the putposes stated upou the argument by the respondents, and thereiore there has not been @ con piance with its requirements, An order to show cause why an attachinent should not issue must ve granted, ‘the order to show cause is returnable next Monday, ey CASE OF ALFRED E. LEGRAVE. Important Decision by Judge Fancher, of the Supreme Court—Legrave’s Ar= -rest in France Virtually a Piece of Legal | Kidnapping—How the Matter Stands and How It Will Probably kena. Beg The proceedings ini the Supreme Court in the case | of Allred E, Legrave, which have occupied the at- tention of the Court for a long time, and the details of which have, trom time to time, been reported in vhe HEBALD, have at length been brought toa ciese, at least probably as far as this Court is concerned, through a decision rendered yesterday by Judge Fanober, Legrave, tt will be remembered, was formerly in business in this city. In May, 1872, he suddenty left, leaving behind him a retinue of creditors, who alleged that he had de- frauded them out of property valued at over two hundred thousand dollars. Immediately aiter his departure these creditors took steps to have him brought back to this country, so that be might be punished ior swindling them. For this purpose the creditors held several meetings, and a commit- tee was appointed from thetr number, who were to take all necessary steps to have him brought back and prosecuted. A subscription was started among the creditors to raise funds to accomplish this result, and nine or ten thousand dollars were obtained. Mr, John D, Townsend was then retained by the committee to look aiter the interests of the credit- ors, He employed @ detective named Manly to fo to Europe and ascertain the whereabouts of fe rave, which, when done, were communicated to' Townsend. As Legrave was outside the jurisdic- tion of the United Staies, of course he could not be arrested, except a WARRANT OF EXTRADITION could be obtained trom the Frencu government tn whose territory Legrave then was, The extradt- tion treaty between tuis country and France dia not provide, however, for auy surrender of a per- son charged merely with swindling his creditors, and so it became necessary to sce i some crime could be alleged against Legrave wiuch would bring him within tue provisions of the treaty. An indict- ment was accordingly obtained agamst him charg- ing him with the offence of burglary in the third de- gree. On this indictment our government made jemand on the French autnorities for Legrave’s surrender, which was complied with. Legrave was then delivered into the custody of Murray, who brought him to tts country. They arrived on the 26th of Octoner, 1872, and insteaa of Legrave bet arraigned on the criminal charge he was arrest on various orders of arrest issued in civil suits, instituted by individual creditors. Immediately aiter his arrest 1 ve commenced proceedings, alleging that he been unlawiully arrested and that he was not legally within the Jurisdiction of the Court whici issued the ORDER OF ARREST under which he was arrested. applica- tion to have these orders set aside was wierouly, resisted by the creditors and aiso by the She An immense amount of testimony was taken em- bodying the = facts, aud tue motion ior his discharge wis finuily argued@t Newburg ou the 12th of last month, before Judge Fancher, who held an extraordinary session o1 the Supreme Court at that city. On the argument Legrave was repre- sented by Messrs. bldridge I. Gerry, Ambrose Monell and otuer distinguished counsel, the Sherif being represented by ex-Mayor A. Uakey Hall, while William Allen Butler looked alter the inte- rests of the creditors. JUDGE PANCHER'S DRCISTON. Judge Fancher, in an elaborate and exceedingly able opinion, given yesterday, decides that the alleged crime on which Legrave was extradited did not fall within the provisions of the extradi- tion treaty, ana Pena! Uhat the arrest was wholly iLegal. He holds rurther, that even ad- mitting that the crime was committed, and about which he has grave doubts, it was no ground ior his arrest. Another point decided ts that the entire proceeding was instituted jor the sole benefit o! the creditors; that unless they had moved in the matter no indictment would have ever been found, and that as Legrave was brought to the countr, bore bal through their instrumental- ity they should not be permitted to take advantage of their own wrongiul acts and subject him to arrest in civil suits instituted by them. The war- rant which was issued on the indictment was never executed by the Sheriff, but was merely held by him as a detaincr in case Legrave should succeed in getting discharged on the civil orders of arrest. He conc udes his opinion by ordering Le- grave’s discharge from imprisonment under the order of arrest and remanding him to the custody of the Sheriff onder the bench warrant, with direc- tions to have Legrave taken before the Criminal Court to answer to the Indictment, PROBABLE END, As, however, both the warrant and the indict- ment have been lost, the above decision of Judge Fancher virtually amounts to an absolute ais charge of Legrave irom the custody oi the Sherif. Meantime Legrave has had a pretty long sojourn in Ludiow Street Jail. It remains to be seen whether he is speedily to be set free or otherwise. THE RIGHTS OF BROKERS. Action to Restrain the Cancellation of ® Railroad Mortgage—Important to Bond Brekers. In the Supreme Court Chambers, before Judge Daniels, an application was made yesterday on behaif of Joseph Seligman and others to prevent a mortgage made by the North and South Alabama Railroad Company from being cancelied. It is claimed by Seligman, and others interested with him, that the North and South Alabama Railroad Company employed them in 1870 to sell $4,000,000 of their bonds, and that they advanced $250,000 and procurea an extension of uinety days for the payment of $150,000 owed by the ratiroad company. ‘The agreement was that they (Seligman & Co.) were to get three and three-quarters per cent commission on the whole amount of the nds, and that the railroad company should part with none of the bonds without their consent. Subsequently $1,800,000 of the bonds were sold or pledged partly but not entirely by Seligman & Co, An arrange ment was then entered into with the Louisvill and Nashville Kailread Company, by which G. V. Alexander became agent for both companies, and the President of the North and Soutn Alabama Railroad Compaty gave Seligman & Co. three checks for commussion on the $1,800,000 bonds sold, which checks were never paid. Those bonds which were not sold or pledged were then handed over to Alexander & Co., by whom: all but $407,000 were suid. It was then proposed to issue a new first mortgage protecting the $407,000 of outstanding bonds and cancelling all the other bonds of the previous issue a8 the basis for new bonds. Seligman & Co. then _ bronglt suit at common Jaw in the Court of Common Pleas to recover commission on the full amount of the bonds ($4,000,000), and also applied in the Supreme Court jor an’ injunction to restrain the distribu- tion of the bonds on which they claim a lien. ‘The defendants ciaim th@t the agreement was not originally an equitable one, as it gar the plaintids all the benefits; that even admitting the bargain to be @ valid one it was the subject oj a common law action, as was shown by the plaintif’s suit in the Common Pleas, and further, that in accepting the President’s checks for commissions on part of the bonds sold the de- fendants lost whatever equitable lien they might have had. Aiter considerable argument the Court took the papers, reserving its decision, BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS. Opening and Widening Lioth street. Before Judge Daniels. ‘The Commissioners of Estimate and Assessment in the matter of opening and widening 110th street from near Eighth avenue to the new drive, yester- day submitted their report. They report the value of private iands taken, $149,700 29; that of build- ings, $29,748, and the costs of the commission, $9,086 71." Upon private lands benefited they have assessed $123.494 and bp the city $65,000. The matter went over till Fri when the subject of the confirmation of the report will be considered, Decision. By Judge Fancher. The People, &c., Legrave vs. Brennan, Sheriff.— The reiator must be cinbereed from the orders of trem arrest in the civil actions inded to the custody of the Sheriff on the warrant isaped on the ' indictments In the General Sesstons against him, , With directions to the Sheriff to take the relater } bears a Court to auswer the indictment. (See SUPERIOR COURI—sPECUL TERM. Decisions, Clapp vs. Di al Brace ise dgment for unvar.—Urder for ju nm plainela, ! eT am vs, Creegan.—Order substituting under- Hawkins and Another vs. Keenzie and Otners.— Order reviving mechanics’ lien. Hotaing vs. Bucking au.—Order denying mo- on, without prejudice. oF Judge Van Vorst, Reynolds vs. Londvn, Liverpool and Glove In- surance Company,—Motion dented. By Judge Fecdman, Duncan et al. vs, berlin et al,—Upon yn ta- tion oj an enzrossed or printed copy, as required by rule 7 of the Court (see ruies adopted May 1, 1878), the case wili be marked “settied” and ordered on fie. COURT OF GENERAL SESSIONS. Before Judge Sutherland. An Arson Case—Motion to Discharge the Accused. At the opening of the Court yesterday Mr. John ©, Mott, counsel for Anthony O. Jones, indicted jor arson in the first degree, made a motion ior his discharge. The counsel stated that the accused | was tried In Aprii, i872, and convicted of an attempt to commit arson in the third degrée and sentenced to the state Prison for three years and six montis, A writoi error wus procured aud the General Term affirmed the conviction, which, however, was re- versed vy the Court of Appeals. ‘he détendant had been detained for some months in the Tombs without being tried, Mr. Mott contended in 98 0 le argument pnd gited numerous authorities Now iat Jousa cate no be convicted of an attempt to deiraud the ingutagge company hamed in the indictment—that being the only question in the case—tnasmuch as the property was not in- sured in hus oneal) name, and he could not de- rive any benefit irom its destruction. hen Judge took the points and reserved his de- cision, There was @ large calendar of prison cases, and before the Court adjourned District Attorney Rol- lings and the Judge disposed o1 tiiteen prisovers, in- cluding those who were discharged for want of evidence to hold them. It ts supposed that if such a large number of prisoners are tried each day the term will end in @ week. Burglaries and Larcenies. Patrick Haluck pleaded guilty to burglary in the third degree. He was charged with having bur- Glariously entered the store of Charles H. Phelps, 100 West Thirty-ninth street, on the night of the 10ta Of May, 1872, and Stealing $100 worth Oo! silver- ware, George H. Nelson pleaded guilty to the same grade of burglary, the charge against him being that on the night of the 26th of June he obtained an entrauce into the apartments of Michael Car- Fol. ee Baxter street, and stole $400 worth of jewelry. liallick and Nelson were each sent to the State Prison ior five years. Thomas evi who on the afternoon o! the 27th of June entered the dweiling house of Nane Pting- stag, 21 bayard street, and stole $40 worth of jew- elry, pleaded guilty to burglary in the third degree. He was sent to the State Prison for three years and six mouths, Henry Hayes eeacee guilty to an attempt at burglary 1p the third degree. On the aiternoon of the svt of June the prisoner entered the apart- ments of Catuerine Goldstein, 358 Seventh avenue, aud stole $150 worth of bey apparel. Bintz pleaded guilty to petty larceny from the person, having stolen on the 30th of June @ sliver watch from Marshall D. Gardner, Joseph Muller was convicted of an attempt to burglariously enter the jewelry store of Fernando CG. Gleason, 2346 Third avenue, on the 17th of June. His contederate was aiso arrested by the ofiicer, who narrowly escaped being murdered, for he was struck on the head with a large iron “jimmy.” These prisoners were each sent tw the Btate Prison ior two years and six months. David Bewen, charged witn stealing a pawn- ticket, representing a goid watch and chain, owned by Kichard H. Benton, pleaded guilty to ah attempt at grand larceny. He was sentenced tothe state Prison tor two years, Mary Waliace, who, on the 17th of June, stole $105 irom Wiilam A. Shaw, in @ house of bad re+ pute, picaved guilty to an attempt. State Prison jor one year Was the sentence imposed by the Judge, soln Moriarty, who, on the 24th of May, cut Wil- Mam Hanx ip the head wita a small koile, was con- Victed of assault aid batter sent to the Penitentiary tor eight month James Morrissey pleaded guilty to petty larceny, the allegation being that on the 2dof April he stole $100 worth of brass cocks, the property of Carroll & Harmon. A similar plea was accepted from John McGraw, who was indicted for siealing a canvas cover, worth $30, the property of Wiluam Cuchrane. ‘these prisoners were each sent to the Peniten- tiary ‘or six months. Peter Murphy, charged with burglariously enter- ing the restaurant vi Frank Winter, No. 9 Murray street, and stealing $20 worth of property, pleaded guiily to petty larceny. The prisoner, being under sixteen years of age, was sent to the Louse of fuge. Acquittals. John Laden was tried and acquitted of a charge ol stealimg a silver watch from william Brown on the 16th of June. Mr. Hummell, who deiended Laden, claimed there was no evidence to hold the defendant, and the Judge said it would be unsafe to convict, Wiliam Zahimann was also tried by a jury charged with striking Thomas O’Brien upon the head with a slungshot on the night of the 22d of June, The jury rendered a verdict of ‘not guilty,” which was 80 strange a judgment upon the evi- dence that the Judge was compelled to remark fase was the most extraordinary verdict he ever eard, TOMBS POLICE COURT. Robbery by a Boarder. Before Judge Dowling. In the early part of last week a man named Edward Fairbrother called at 148 East 128th street, Hariem, and engaged board, He represented him- self as @ practising physician, and gave a large number of first class references. About two days alter Mr. Fairbrother was domiciled in his new home, Mr. Charles Pierce, also living in the house missed from his room a _ velvet cloak and several articles of jewelry, in all valued at $80. Mr. Pierce did not place it in the hands of the detectives, but took a walk down town on Monday and met the so-calied Dr. Fairbrother with the stolen jewelry ornament- ing his person. He took him in Charge at once and asked him where the cloak was to be found. Fair- brother was arraigned before Judge Dowling yes- terday. He admitted his guilt and was heid in $2,900 bail to answer, 7 Shot in the Mouth. John J, Schuman was arraigned before Judge Dowling yesterday, charged with shooting his wife in the mouth. About half past six yesterday morn- ing Schuman and his wife had a very bitter quarrel, and Schuman presented @ pistol at her and fired, the ball of wuich entered her mouth and severed her tongue. She was conveyed to the hospital. Schuman was brought before Judge Dowling, and as his we was unable to make any statement he was held to await the result of her injuries, A Bogus Boulevard Man, Michael Kinney was brought before Judge Dowling yesterday morning on the complaint of Mr, Moore Falls, paymaster in the Comptroller's oMce. Kinney, it ts alleged, went to the Comp- troiler’s ofMfce on Monday afternoon and presented an order for $19 60, representing himself as Joseph Powers, a laborer on the Boulevard. Paymaster Falls paid him the money; but as Kinney was making his exit from the office an old ‘friend slapped him on the shoulder, crying out, ‘Hello, Kinney, old boy, what are you doing down here ?} Paymaster Falls heard the salutation, called Mr. Kinney back, took the money from him and had him arrested. Judge Dowling heid the prisoner te answer under $1,000 bail. COURT CALENDAKS—THIS DAY, SurREME Court, CHAMBERS—Held by Judge Daniels.—Nos. 38, 43, 53, 62, 70, 71, 108, 136, 136, 137, 138, 189, 140, 141, 144, 149, 150, 156, 166, 157, 158, ray — 164, 165, 166, 167, 163, 169, 170, 171, 172, i AL SESSIONS—Before Judge Jo- COURT OF GEN! sia Sutheriand.—The People vs, Thomas Bernard, Same vs, James et and Edward Fitzpatrick, Same vs. Thomas Pender, robbery; Same vs. Wil- Ham Martin, outrage; Same va. Richard Bennet, Same vs. Join Morrissey, Same vs. William Corn- weil, Same vs. John Sharkey, Same ys. Vincent Blood, Same vs. William Hennessy, felonious as- sault and battery ; Same vs, Bridget McNally, Same va. William K fF Same vs. George Clancy, burg- lary; Same v: jam Riley, forgery; Same vs. John Doran, Same vs. Catharine Clark, Same vs. Joseph Dillon and John Walsh, grand larceny: Same ve. David Carney and John Carney, receiving stolen goods; Same vs. William Langton, Same vs. Charles Dietzel, petty jarceny. BROOKLYN COURTS. CITY COURT—GENERAL TERM. Decisions Announced Yesterday. By pa Neilson, McCue and Levi Cook, Respondent, vs. John F. pellant —Judgment on referee's Wee Opinion nolds, concurred in ¥, Ohief Justice Neilson. ick Hayden, Administrator, dc., ¢ ‘ve, the Brookiyn Savings Bak, ude. nolds, ips, Ap- ment affirmed. Opinion by Ju Reynolds, Chief Judge Nei.sou PR om i George H. Grans, Kespondent, vs. Emma M, Mtl- Jer, Appeliant.—Ord-r reversed. Opinion by Chief Judge Nelson, Judge McCue concurring. Jane Jackson, Appellant, vs. Joon Andrews, Re- spenten’ —Nudement reversed. ©; inion by Judge | lovue, concurred in by Judge Reynulils, May ‘aie vs. Henry Hurt au, Respondent,— Judgient afirmed. Opinion by’ Juage Mccue, Judge Reynolds concurring. Henry Enderby and Respondents vs. Nathaniel L. | Willett and Wie, Appeilants—Judgment on reieree’s report afirmed as to the husband, re- versed as to his wife. Opinion by Chief Judge | | Nei son, concurred in by Judges McCue and Keyn- okis, | Thomas 1. Church, Respondent, vs, The Lafayette | Fire insurance Company, Appellants.—Judgmeant sprareea by Judge Reynolds ; concurred in by Juage James L, Clark, Respondent, vs. Loitus Wood, | Appellant.—New triai granted. Opinion vy Judge Movue, concurred in by Judge Reynoids, Eilza Waltiem, Appellant, vs, Joun b. O'Neil, Re- spondent.—Judgiment ailirmed, Opimion by Judge | cue, coucurred in vy Judge Reynolds. Julia peibert, Administrairix, &c., Respondent, vs. (he Grand Street, &¢., Railroad Company, Ap- ellants.—Judgment afirmed. Opinion by Judge eynolds, concurred in by Judge Mov ue, aniel Gallagher, Kespondent, vs. William B, Nichols, Appellant. Judgment reversed, Opinion by Judge Re) noids, Judge McCue concurring. Wiuiiam Coison, Appellant, vs, Richard Oliver, Reapondent.—New trial granted. Opinion by Tadge Keynolds, concurred in by Judge Mcvue, John H, Lewis, Respondents ys. John Schueider et al, Appellants.—Judgment aiirmed. Opinion by Judge Reynolds, concurred iu by Jug fe Moun John Brown, Respondent, vs. aria ey et al. Appelfants,—Jidyment aMirmed, Opinion by Chief Judge Neilson, Reynol's concurring. John W. Mudgett, Respondent, va. Timothy Bros- nan, Appeliant.—Jadgment reversed. Oj inion by ores ge Neilson, both the other judges con- rn a der atirme: judges AlcC and Reynolds. ‘ale sar Wiliam White, Appellant, vs. A. T. Goddard, Respondent.—Judgment on report of referee aflirmed. Opinion vy Chief Justice Neilson, con- curred in by boti the other judges. Henry McDermott, Respondent, va. Elizabeth A. Gloucester, Appellant,—Jandgment reversed. Opin- fon by Chief Justice Neilson, coucurred in by beth the other judges. John L. Lyon, Respondent, vs. Frederick Eggers, pve ad 4c.—Judgment affirmed. Opinion by Judge Reynolds, concurred in by Judge Mcue, Benjamin &. Valentine, Respondent, vs. Jave B. Hyde, Appellant.—Judgment reversed and new trial FE hee conditionally. Opinion by Chief Jus- tice Neilson; dissenting opimion for reversal, un- conditionally, by Judge Reynolds, THE MOABE HOMICIDE. Coroner’s Investigation—Father and Son Committed to the Tombs. ACoroner’s investigation was yesterday held at No. 40 East Houston street in the case of Mrs. Mary McCabe, late of 3817 East Twenty-fifth street, whose death, it was alleged, was caused by violence received at the hands of her husband, John McCabe, and her son John, @ boy seventeen years of age, -~- . Mrs. Eliza McGovern, Itving on the same floor with deceased, deposed that deceased told her that her son John had struck heron the nose with a shoebrush and made her nose bleed; the parties often drank to excess and quarrelled; the witness never saw any assault made on deceased either by her busband or her son; at three o’clock on the afternoon of the 8d ins’. McCabe came home drunk and asked deceased to go for drink, which she did twice; the witness was asked by young John what his father nad been doing to his mother; the witness went into deceased's room and found her lying on the bed; there was a pool of blood on the floor; the witness could not answer any questions; the witness said to the boy John that it was ap awiul thing ior a son to strike his mother, to which he replied that {i his mother should come home drunk again he this was previous to seeing deceased on the be deceased on one or two occasions had told witness that her son had often beaten her’ and she had said ns bad charged uf upon her husband to save the Ve Edward McCabe, ten of age, son of deceased, testified that on Thursday bis father hit deceased in the month, after which he threw @ tin cup at her, which caused her to bleed, and young John tried to stop the blood. The witness saw his father strike deceased on tue belly, and he said deceased begged her husband not to bit her, The little boy said it was his father who Killed his mother; his father hit his mother six times in the stomach with his fist. ofmicer Carson, who arrested the prisoner, was called tothe stand, but his testimony was of no particular importance, Deputy Coroner Leo testified that deceased died pare compression of the brain, the result of vio- lence, The case was then given to the jury. who found “that deceased came to her death by violence re- ceived at the hands of her husband aud son, on the third day of July, 1873." The prisouers in their examinations both denied their guilt, and were committed to the Tombs. McCabe is fifty-eight years of age, and hia son sev- enteen. The boy Edward was sent to the House of Detention. THE MEMORABLE TWELFTH, The approach of the 12th of July marks the revival of the memories of that day in 1871, The celebration by the Orangemen of the anni- versary of the capture in 16900f Londonderry by the Protestant forces under William has of late years been characterized by more or less dis- turbance along the route of the parade, The terri- ble catastrophe which was rendered necessary two years ago by the onslaught, made upon the soldiers, 18 still fresh in the memory ofall. Last year the Orangemen were not molested or inte- fered with in apy manner whatever. The Ancient Order of Hiberntang and the St. Patrick’s Alliance have declared that there shall not be, so lar as vey, cao prevent, any interference with the parade o he Orangemen this year. Extensive yprepara- tions are making by the various lodges. Superin- tendent Matsell and Inspector ‘alling have approved the following route for the parade— the rocession will form in Lafayette place at ten A. M., the right resting on Fighth street, The pro- osed line Of march is through Eignth street, Brosaway, Fourteenth street (around the Wash- ington statue), Fourth avenue, seine Dipoe Lex- ington avenue, Twenty-fourth street, Madison ave- nue, Forty-second street, and Fifth avenue to Fourteenth street, where the ranks are to be broken. The following lodges have signified their intention Of parading:—Frince of Orange Lodge, No. 1; Derry Walis ge, No. 2; Chosen Few Lodge, No. 3; Gideon Lodge, No, 10 ; Joshua Lodge, No. 11; Union Lodge, No. 18; Washington Purple Star Lodge, No, 60; One-Arm True Blues Lodge, No. 56. The usual police escort will be jurnished and there is every reason to believe that the pa rade Will pass off quietly. KILLED BY A LOCOMOTIVE, Absence of Witnesses—A Delinquent Bar- tender. Coroner Herrman yesterday held an inquest tn the case of Mr. Charles N. Ross, the man who was fatally injured last Thursday evening on the cor- ner of Fourth avenue and Sixtieth street by being struck by the locomotive attached to an incoming train of the New Haven Railroad Compauy. De- ceaged was attempting te cross tne track in ad- vance oi the train, It was im evidence that the rules and reguiations of the company prevent the trains ‘rom running at a rate of more than twenty miles an hour. The engineer said that at the time of the accident the train was going about ten or twelve miles an hour. A bartender, who wit- nessed the occurrence, refused to give his name and did not appear as a witness, The flagman, also, was not present. Coroner Herrman said he would issue an attachment for the delinquent bar- tender and lock him up. The farther investigation of the case was therefore adjourned till Wednes- day morning. ANOTHER RAILROAD CASUALTY. A Sleepy Watchman Killed. An inqueest was held yesterday by Coroner Herr- man on the boay of John Slater, a lad nineteen years of age, latea watchman employed by the Harlem Railroad Company, who was killed on the evening of the 4th inst. by being run over bya train of cars belonging to the New Haven Railroad Company. Deceased was stationed on the tempo- rary trestle work extending from 116th street to Harlem, and lay down between the tracks, and another watchman engaged there told Slater it was dangerous to lie there, as he might fall asleep and be run over, The train did come along and run over de- ceased. His companion, who should e beon awake to give the alarm, was himself asleep, but on another track. Siater lost his life and his sleepy as- soctate lost his position, he having been discnarged by the railroad company for dereliction of duty. Handreds Of lives might have been placed in im- minent peril by the inexcusable drowsiness of these unfaithful watchmen, but fortunately no one except deceased was injured. The jury found that Slater was killed by being accidentally run over b; a train of cars belonging to the New Haven Kall- road Company. ALMOST A CENTENABIAN, Coroner Herrman was yesterday called to 813 ‘West Forty-fourth street to hold an inquest on tne body of Mrs. Margaret Kehoe, @ lady ninety years 14 bo! ireland, who died Seah por ioae ata lb NEW YORK HERALD, WEDNESDAY. JULY 9, 1873—TRIPLE SHEET, MARRIAGES AND DEATHS. Married. HILTON—DENNEHY.—On Tuesday, July 1, at St. James! church, by the Rev, Fatner Farley, WILLIAM ee to ELIZABETH DENN&HY, LOLA of this KaRNER—CorToN.—On Monday, July 17, the Rev. W. H, Evins, Rooas Oscak KARNER to MARY APALINE, daughter of Bernard G. and Jane Cotten, Of this ci y. No cards, MA.\OR—CARRIOX.—At the residence of the bride’s parents, on Monday, July 7, 1873, by the Rev. Dr. Lice, WitLiaM J. MAJoR, Of Belfast, Ireland, to Katie L. Carrion, danghter of Avraham H. Car- rick, 0. Jersey City, NeWELL—NEWELL.—On Friday, July 4, at St. Luke’s chureh, by the Rev. f. Waren, WILLIAM NEWELL to ANNIE Wigk NEWRLL, youngest daugh- ter o: Mr. lienry Newell, of Stewartstown, county ‘Tyrone, Ireland, ‘TURNER—KEFLY,—On Monday, June by Very Rev. J.F. Turner, at St. James? Cathedral, Brooklyn, FRANCIS G, Ti RNER tu SARAR ANN KRELY, daugh- ter of P. C, Keely, both of Bi ooklyn. Died. CLARKER.—On Tuesday, July 8, BRIDGET CLARKER, widow of ‘Thomas Clarker, a native ai the county As Koscom! mou, lreiand, in the 6éth year of her The friends of the family are ectfully invited to attend the tuneral, from the residence of her son, Jolin Clurker, 161 Hudson strees, on Thursday at ternoon, at _ o'clock. CULLBN.—In this city, on Sunday evening, J 6, Many A,, fe bl of Raward R Cullen pry ed jo ter of the late el ‘The relatives the lends are invited to attend e tuneral, nae ber late residence, 33 Kast reuty-second street, this (Wednesday) afterneon, ve o Mr R ae ichmond (Va.) papers please copy... - DEMARRST,—Suddeniy, at Lake pee on Mom day, Jury 7, EpNa T., infant daughter of ‘Aaron ‘T. and Charlotte Demarest, aged 8 months and 7 daya. The funeral at the residence of Mr, Jamea Smith, Nyack, at ten o’clock A. M.on Wednesday, the 9th instant. ‘The relatives and friends invited without further notioe, pe Ee ERNALD,—In Bloomfield, N. J., on Monday, Ji 1, Lovisa t, wife of Kev. K: B; Fernald and daigh- ter of Volney Elliot, Esq., aged 43 years, Relatives ‘and friends ‘are invited to attend her: funeral, from her father’s resi¢ence, in this (Weduesday) aiternoon, at three o'clock. Cars leave foot of Barclay and Christopher street two o'clock P. M id irene er Frey.—On Tuesday, July8, at 4 o'clock in the afternoon, aiter a short and severe iliness, Bp- WaRDS., the beloved son of Augustus and Roe anna Frey in the 21st year of his age, ‘The relatives and friends of the family are re- spectfully invited to attend the funeral, from the residence of his father, 361 West Eleventh street, ou Friday afternoon, 11th inst., at one o'clock. Hanrsionn.—On Monday, July 7, WILLLAM L. HARTSHORN, aged 39 years, 11 months. Funeral services from bis late residence, 437 East Fifty-seventh st., this (Wednesday) alternoon, at one o’clock. Relatives and friends of the family, also members of Manhattan Lodge, 62, F. and A. M., Manhattan Chapter, 184, R. A. M., Manhattan Com- mandery 31, K. T., are respectfully and fraternally invited to attend. The Companions of Manhattan Chapter, No. 184, R. A. M., willassemble at the lodge room, No. 33 Union square, on Wednesday, the 9th inst., at twelve o'clock M., to unite with Manhattan Lodge in paying the last tripute of respect to the mem- ory Oo our worthy companion, W. L. Hartsnoro. EDWIN B. DAK, H. P. HEINDSMANN.—On Monday, July 7, MILES JOSEPH, youngest son of Ferdinand and Jane Heindsmano, aged 8 years, 9 months anil 14 days. The funeral will take place on the 9th tnst., at half-past one P. M., from his residence, 77 Third avenue, JACKSON.—In Boston, on Saturday, July 6, F, HL JACKSON, aged 57 years and 11 months, Mason.—On Tuesday, July 8, after a short but severe illnet PsrrER, beloved son of Henry and Elizabeth J. ‘huason, aged 3 years, 1 month and 16 jays, The funeral will take place from the residence of his parents, 606 Lorimer street, Greenpoint, on ‘Yhursday, July 10, at half-past one P. M. The rela- tives and friends of the famlly are respectfully in- vited to attend. MoCaLL.—On Tuesday, iy. 8, 1873, after a long and paintul illness, Mary J. as ed 24 years, ‘The friends and acquaintances an the mem- bers of Perseveratice Lodge 652, F. and A. M., are respectfully invited to attend the funeral, from the residence of her brother, 113 Cannon street, on Thursday afternoon, at one o'clock, NeLsON.—At New Brunswick, N. J., on Monday, July 7, WILLIAM STaaTS NEILSON, son of the late big yes Neilson, of this city, in the 65th year 8 ago, ‘The relatives and friends of the fmily are invited to attend the funeral, from Christ church, New Brunswick, on Wednesday, July 9, at four o’clock P. M., without further invitation. R&ILLY.—Suddenly, on Tuesday, July 8, Rosz ughter oi John and Anne Relily, aged 5 lace from her tate resi- years, 5 months and 6 days. ‘The funeral will take dence, 343 East Eleventh street, on Wednesday, the 9th inst., at two o’clock P. M. RockweELt.—On Sunday, July 6, 1873, WALTER Espik ROCKWELL, youngest son of James and = L, Rockwell, aged 9 years, 4 months and 21 jays. ineral from the residence of his parents, 220 East Thirty-sixth street, on Wednesday, July 9, at two P.M. " Relatives and iriends are respectfully invited to attend without further notice. SHERMAN.—On Tuesday, July 8, FRanK A, SHER- MAN, formerly of New Orleans, aged 60 years. The relatives and friends are invited to attend the funeral, from the residence of his sister, Mrs, F. G. Scriba, No. 68 Park piace, on Thursday, at ten oiclock A. 4M. Interment at Mount Pleasant Ceme- ery. New Oneans and Cincinnati papers please copy. Sim«ms.—On Monday, July 7, Sara E., beloved daughter of William and Malinda Simkins, aged 30 years, 2 months and 11 days. The funeral will take place from the Church of St. Rose of Lima, Cannon street, this day (Wed- nesday), at half-past nine o'clock A. M. ie rela- tives and friends are respectfully invited to attend. SmyYTHE.—On Tuesday, July 8, the Rev. JamEs SyTus, in the 46tn year of his age. Relatives and iriends are respectfully invited to attend the funeral, from his late residence, 345 West Forty-third street, on Thursday alternooa, at two o’clock P. M, STANLEY.—On Tuesday, July 8, Many EMILY, wife of Kdward A. Stanley, a 28 years. Further notice will given ip to-morrow’s paper. Tareax. —On Monday, July 1, HELENA A, GRasIER, wile of O. P. Tappan, Jr. Relatives and friends are invited to attend the funeral, on Thursday, 10th instant, at two o'clock P. M., at the residence of her father-in-law, 0, P. Tappan, 554 Henry street, Brooklyn. 'AYLOR.—At Montclair, N. J., on Monday, July 7, Evrra ISaBkLLa, daughter of Klias W. and Lucy A. beg ov in the 10th year of her age. latives and friends of the tamily are invited to attend the funeral, trom her father’s residence, in Montclair, on Wednesday afternoon, at four o'clock. Cars leave foot of Barclay and Chris- topher streets at two o’cloek P. M. rriages will be in attendance at the depot in Montclair. Warp.—On Tuesday, July 8, WILLIAM A., son of the late Samuel and Catharine E, Ward, aged 26 years. Notice of funera! in to-morrow’s paper. WetLts.—On Sunday, July 6, SARAH A. WELLS. of hemorrhage of the langs, im the 40th year of her ee. ‘The relatives and friends of the family are re- spectiuliy invited to attend her funeral, on Thurs- day next, st one o'clock P. M., without further notice, irom her motner’s residence, 156 Broome street, WILLIAMS.—At Jersey City, on Monday, July 1, Thomas H, WILLIAMS, Ly a 61 years. Fuuveral from the residence of his son, 134 West Thirty-fourth street, New York, this day, July 9, at two P.M. Relatives and friends are respectfully imvited to attend without furtber notice, Wrison.—On Tuesday, Jone 8, ALice WitsoN, aged 26 years. Her friends are respectfully invited to attend the funeral, from her late residence, No. 450 Sixth avenue, this (Wednesday) afternoon at two o'clock, SLA MUSIQUE?” “A AND Journal” given away at WATSON’S inton pl TB Fad each. Pri- olin, de, FIRST CLASS CHURCH ORGAN PLAYER OPEN AA. for engagement Address W. W., box 123 Herald office, BSSONS OF CLASSICAL MUSIC AND HARMONY given by W, WISNIEWSKI, No. 22 Washington ime vou AL stuaeny Miusle Rooms, 92 AN WOULD LIKE TO . y¥ iis a good -e-torm the F bass uo. Address THOMAS MANNING, Hoboken Post offlee. "A YACHT On SATLUOAT WANTED TO HIRB—FOR July and August, at low terms; seouri for sam Address, with price ‘ana particulars, SNBON, box 1S) POR SALE SLOOP YACHT WHITE WING, X65; 4n fine order very fash and low price. Wit". “GLoVicke, soathota, N. ¥. R SALE—A CABIN YACHT, 3 FEET LONG; 18 Complete order; will be sold chea) A. SBABURY, Reo Maiden lane, FOR SALE + SCHOONER OF 9 TONS, IN GOOD repair. Address WM. WHITE, boat foot Broome street, Bast River. ag sf * Po SALB—SLOOP CABIN YACHT VINNIE, IN complete order: new furniture: ready for Ply. ob board, toot of Court street, Brooktyn or wR. SOuNso Tucker Manntasturing Company, si Chambers str ‘ork. KR SALE CHEAP,—CKNTRE BOARD SLOOP YACHT, Eisen in perfect order; stateroom, water closet and ; to be seen at Muno’s ¥ ‘sreet, Brookiyn. Apply at 86 Beaver street, thirl floor TED TO PURCHASE—A SMALL STEAM Lsunoh. “hadrou with Tall partentns 3.0 de box1tii Pou omees New Haven, Geum eae £YES AND BARS, Psh ibd cdoabiinton! O= THBATRE—EV) RY KVENING ATG 24 Brovdway, 6% LAST WEEK OF THE SEASON, GLORIOUS SUCCRAS. FAREWELL PuRPORMANCES. Las? NIGHT BUT FOUR of the gifted and accomplished Actress, MIss AMY STONE. BR> eNO UE <r, MIES ANY GTOXE (NTDNESDAY EVENING. JOLY & oo “CAREER ™ GARETT THB are LEOPARD OF FRANCE Beautiful and novel scenic effects. Thrilling and picturesque tableagx Elegant costumes. A complete, FAREWELL, MATINEE WEDNESDAY AND SATURDAY AT 9 P, Mi The Olympic will shortly reopen with the ombination uae : ton 4 * the eminent comedian, rad DION ndyorcacur, ereete Bececes, Every Night, Mr, BHERTDAN S01 sent ge Y) N THE LasT PERO: POSITIVEL:' of the beautiful Play, a iat JANE EYRB, JANE EYER, and last appearance for the present of favorita Ria CHARLOTTE THOMPSON, whose engexements in California and the Wrest ottign be to bring her present most successful engagement ose. “ths sore: performance ts for the benefit of the pana, cme B. OSMUN, Eaq. pes ty en wit appear fr ha ok He EYE ae mew Brigit FUN IN A FOO, ‘The regular Fall and Winter season of 1873-74 will opem MONDAY EVENING, September 20, with a COMEDY COMPANY of unoqualled excellence, ‘OOD'S MUSEUM. HARRY ‘ANOTHER eats ie RVRNING ATS APTERNOON ATR. ‘The celebrated Actor, FIRST TIME OP . American Trogetien, HARRY CLIFFORD, D. E. RALTO! in McCloskey's great im the “sevisational Brame sensational Drama in tive acts, entitled, entitied,” POMP, WILD BILL, “ OWERS THEATRE. WM. B. FRELIGH. re ---+-Manager LI MOND, ty first production of a new and gorgeous Pantomime by the great afd a corps of saperior Fantominie Artists, entitied: a JACK AND THE BEANSTALK, with new Scenes and a Transformation never equalleds Mr. BOBBY NEWCOMB, the great Ethiopian FRANKIE, tho Serio-Comic Singer. Master CAWTHORNE. in German BQ MOORS, as Uncle Joe the Bootblack. Feaceded by the glorious Comedy of the pn Wire's SUSPICION. te idee in active preparation a new Sensation ‘arn, MARKED FOR LIFE, ENTRAL PARK GARDEN.—THEODORE THOMAS. THEODORE THOMAS’ UNBIVALLED 5UMMER NIGHTS’ CONCERTS. PROGRAMME FOR bi (WEGNESAY) RYENING, july 9, at 1 Overture, “Rousiane et Ludmila” a . 6. Introduction, “Loreley” . 6 Trois Danses Allemandes, op. 24. 7, Andanta Cantabile, from the Trio 6 ‘or orchestra as the Introduct hoven Cantata by Liszt & Dor itt Der Walkueren.. Overture, “Hunya di La: 30. Amaryliis, air com, 1. Waltz, “trnst : t Cortoge, “Reine de Saba.” Go Admission 0c. Packages (ooutatning 12 tickets), $45 atthe usval pleges, BYBRY THURSDAY EVENING Grand Extra Concert, ‘W YORK MUSKUM OF ANATOMY, 618 BROAD between Houston and Bleecker streets. —Ev one should visit the wonderful Museum ; it is full ofe" thin le should eg Pred press aoe. Lectures dai on jarriage."” ose parties una! reas ost try a per pear can ba Sg ‘them on receipt of centy, y, BC RE PY NEW YORK MUSBUM OF LALUMY, Broadway, New York, ROPOLITAN MUSEUM OF ART. Temporary buliding 125 West Fourteenth street. The DI PuSHOL «COLLECTIONS “Mean Cyptas, sud the LOAN COLLECTIONS of WORKS OF are opaa to the pabhe daily, (rom 10 A. M, until6 P. ‘Admalasion 8) cotits New and important additions have been made tothe Loan Collections. RY, JNO. DREW'S ARCH STREBT THBATRE, Philade!phis. First class stars or combinations destring time at the above establishment will address the undersigned at the Grand Centra! Hovel, New York, on or after July 10. JOSEPH D. MURBPAY, Bi ANTED—A LADY WHO CAN SING, TO TRAVEL with a pavorama ; good pay and all expenses from time of ving York; railroad fare we Bristol, Va., from New York Address immediately G. & MORING, Proprictor of Paradise Lost, Bristol, Va, VARD.-PRIVATE MUSIC LESSONS, PLANO, ORGAN, Violin, Guitar. Harp. singing, Harmony. 98 Clintor place een street), Batablished 1864. Stucents’ Jour hal and circulars mailed. J. JAY WATSON, Director Bono SONG AND DANUVE, JIG, CLOG AND IRISH es. dancing tanght; pupils fitted for the stag: XS. Be My Ganjo Manual will enable tie most uninusieal perc son to play without a teacher; it contains 66 popular Alte; price $05 thls work is uot by note. Jo N Be FAN, 100 Kast Hoasion street, near Bowery. METOroutran THEATRICAL AND SHOW PRINTING ESTABLISHMENT, BERALD BUILDING, BROADWAY AND AXN STREET, 4 LARGE ASSORTMENT OF TUBATRICAL, MINSTREL AND VARINTY CUTS CONSTANTLE OW HAND. DANCING ACADEMIES. JAUSB'S DANCING ACADEMY.—PRIVATE LBSSONS @tany hour, day or evening. 2% East Eleventh st PROPOSALS, NOP reat waite sactel a, oe £05, iy ie Raliway, New York it. ‘atl page @ aay. Argek bebwsen he fallowipg gous ch From Towsburg to 33 miles, Delaware ‘aia Ls for propembs and sedtticetions may be ob bt CE eatin ne weg so hirer. rot 4 wea ¥, Merrill, Residemt Engineer, Buffalo Division, woo will furnish such farther information ag may be re- erine tity als Semen Scot 60 cege oom nae Snoey mene a tg eer cszcn Approved—L, ¢