The New York Herald Newspaper, September 7, 1873, Page 10

10 FINANCIAL AND COMMERCIAL. A Feverish Feeling in Wall Street. A DECLINE IN GOLD. The Price at 112 7-8—The Question of the Hour—Is the Power of the Pool Broken? Money at 7 Per Cent, Cur- rency and Gold. STOCKS WEAK AND FLUCTUATING. The Bank Statement---A Loss oft About $6,000,000. ; NEARLY DOWN TO HARDPAN. WALL STREET, Saterday, Sept. 6-6 PB, M On Change to-day cotton was firmer but ‘wn- ‘hanged for prompt and 1-léc, a jc. higher ‘for fuvure delivery. Wheat was easter for promptmna ‘frmer for future delivery. Cora and oats Filed ‘arm. THE FOREIGN MARKET. No quotations came from London to-day, im con- sequence of the devotion of the day to holid«ypur- iposes, The rate of discount in epen market for three months bills ts reported at33¢ per eent, or 4% per cent above the rate of the Bank of/Mnugland, Private advices point to an active fail business “and a general improvement in-values ofall kinds, the payment by france of the last instalment due Germany contributing largely to public cenfidence, Inasmuch as it removes a cause of distrest, Paris despatohes repert rentes at-58.30. HE BANK STATEMENT. ‘ ‘This weekly exhibit has been looked for with much eagermess, inasmuch as it was ‘Tegarded as reflecting a condition of the market,-which at this season of the year is observed with peculiar in- terest. According to the figures the banks now hold only $434,850 above'their legaleserve. Last week they weld nearly *six millions, In the total ‘reserve theze has beens loss of $6,040,400 of legal tenders and $1,328,200 of gold, making a sum total of $7,377,600. The liabilities, represented by circula- tuon and «deposits, show a reduction of only $7,244,000, Itis a significant fact that the national banks have $1,404,750 of lawful money above a 25 per cent reserve, while the State banks are $989,000 below such a reserve. The principal loss being in, Jegal tenders, the question yet remains to be an- sSwered, Whither have they gone? They have not all “gone West.” The following is a comparison of the bank figures of the past two weeks:— August 30. | Sept. 6. Differences, . + $283,883,000 $288,374,200 Dec. $508,800 Specie + 23,095,200 21,767,000 Dec. 1,328,200 Circulation... 27,281,900 27,355,500 Inc. 73,600 Deposits..... 220,390,300 212,772,700 Dec. 7,617,600 Legaltenders 44,729,300 88,679,900 Dec, 6,049,400 The following shows the relation between the total reserve and the total liabilities :— August 30. Sept. 6. _ Differences. Bpecie........ $23,095,200 $21,767,000 Dec. $1,328,200 Legaltenders 44,729,300 — 38,679,900 Dec. 6,049,400 Tot. reserve $67,824,500 $60,446,900 Dec. $7,377,600 Circulation... 27,281,900 27,355,500 Inc, 73,600 Deposits. 220,380,300 212,772,700 Dec. 7,617,600 Tot. abilities$247,672,200 $240,128,200 Dec. $7,244,000 25 p.c. res’ve 61,918,050 60,032,050 - Excess over 414,850 Dec. 5,491,600 25 p.c.rea’ve 5,006,450 THE MONEY MARKET. Money to-day showed no abatement in strength, loans on demand, collaterals, being made at 7 per cent currency and gold. The business in discounts Was accordingly checked, capitalists preferring to deal in the more profitable line. During the afternoon loans were made at 1-64 per diem, but.at the close the market was easier, with business at 6a7percent, Foreign exchange advanced to.108 for 60 days sterling and 108% for sight, conces- sions of +; per cent being made on these rates for actual business, The market has been considera- bly disturbed by the possibilities attaching te the gold speculation and the outfow to the West. Not much easier times may be looked for immediately. Rates are daily becoming less artificial. GOLD LOWER. The gold speculation to-day showed its weak side, the price being dropped to 112% from .an opening of 114%. Rumors py the myriad flood the street concerning the condition of the gold “peo},”” and the utmost caution marks every deal in the . Play. The strategy has been weil maintained, and the end seems not yet. Aiter the many sermons that have been written on the subject it would be wicked to accuse anybody of buying or selling gold even at lll or 112; but we presume that this thing will be done next week, and tnat the banks which have been so much abused will carry their share of the speculative load without further criticism. The pressure to sell to-day was strong, and prices de- clined in consequence. The rates paid for carry- ing were 4, 5,3 and 2 per cent to flat. The fuc- tuations are recorded in the following table :— Tve operations of the Gold Exchange Bank te- day were as follow alances, Currency | Currency e Currency ba exchanges for wee balances for week Gold excnang Gold exchanges Gold balances ior week. THE UNITED STATES TREASURY. The following is the currency statement for the Past week :— ‘The receipts of fractional curre: the week have been Shipments. Noter ik. 27,596,019 5,704,317 icy for $1,078,000 628,700 $11,500 | The Treasurer hoids as security for na tional banx circulation 301 And for puhifc deposits. . dnvernal revenue receipts to-day Total tor the month 1334 | 2164,805 Grand total. . 19,511,112 | Ourstanding Dazional bank circulation... 346,893,459 | 3 The Treasury operations for the week et the | New York office, included the disbursement of $107,- | 157, gold, for interest, $1,028.000 in redemption ot | five-twenty bonds, and the receipt of $2,860,791 ior | * Customs. The Treasury also sold $1,500,000 gold. The following was the business at the Sub-Treasury | Jor the day:-- Gold receipts. . Gold payments. Gold balance Ourreney receipts........ Currency ol fee Currency balance... Customs........ RAILROAD BONDS, Owing to the existing depression of the market the transactions in railroad securities were not as jarge as usual. We note sales as follows:—Aiton and Terre Haute income, 76%; Toledo and Wabash first, St. Louis division, 69% @ 89%; Toledo, Peoria and Wabash first, Western division, 87%; Toledo and Wabash first, extended, 95%; Toledo and ‘Wabash equipment bonas, 82; Toleao and Wabash second, 92%; Columbus, Cincinnati and Indianap- ole Central frst, 69; Boston, Hartford and Erie A595, 914; Voion Pacifesevens, land graut, at 73. ao. five-twenties, registered, May and November, and lowest prices of the day + 400.she West Un Tel... 20 do. $100) Missouri 6s.. ... Tou | a 100) T & W ist StL MW DOs eee DS 1000 T.P& W ist W D.. oats Ist. ex... aig & ad ow 2 200 Canton Co sig wn Oe ube oo ay ” ‘The following were the bids as amewiied at the eall:— New York Cen (s, 8.. 92 New dork Cen 6's, '07.. 91 Dew York Cen t's,r Dew York Con t's, sub.. 9 New York Cen 7's.76...10) Ts) SSEOCOREED Pats, FLW & Ch’ Puts, Wa Chev ts nm But @ trie new va: Mil & Lake shore div bids. Mild& StP id m.. Lake shore con r nda, Joliet & Chie Ist 1 Pac RR 7s gd by Mi Col. Chic & Ind C Gen racific coi bd: Tol, Peoria & Wi Post. & FE Cedar F & Bur,C, K & Min 1sy Western #acific bas. Umon-tec ist in bd: Union bac } £78. Union PF income 108... 5934 GOVERNMENT BONDS. In‘consequence of the decline of gokl the pricefor some of the issues has temporarily weakened,@n@ wetrecord closing quotations us foltows:—United States currency sixes, 113 @ 113%; do. do,, 1981, registered, 116a 116343 do, @0., coupon, 1192 119, m n Ist mi. 1153 a 116; do. do., 1862, coupon, do., 11534'% 116; -«l0, d0., 1864, do, @0., 115% a 11614; do. de, 1865 do, do. 117 a 11734; do. do., January, @nd July, 1153¢ @ 116; @o..do., 1867, do. do, 117 a117}4; do. o., 1868, a, do., 117 a 117% ;do. ten-forttes, regis- tered, 111% @ 112%; do. do., coupon, 112% a 112%5 do, fives, 1881, ceupon, 114 a 114%. B& will be ob- served that an important decline has taken place in the registered ten-forsies, which were quoteé on Friday at 11234 a 113, SOUTHERN SECURITIES. The dealings in this market were so limited ‘as scarcety to deserve comment. An effort 1s again being made to foist some of the worthless issues of South Carolina‘on the market, and to egain seduce the public into buying bends which sooner or later must undergo material change fer the worse. These efforts are stimulated by a recent decision of the Supreme Court of that State, which unfortunately, as we are informed, cannot be reviewed by the Supreme Court of the United States. The. people of South Carolina will unques- tionably pay with cheeriuiness what is legitimately due on their public debt, but the temper of the State, if we may judge from the tone of its press and the statements of dts leading citizens, is fiercely antagonistic to any swindle, even though it be perpetrated by a Legislature and enforeed by a Court. The following are the official quotations of bidding and asking prices of Southern securities to-day :—Tennessee sixes, old, 81% a 825; new do., 813, a 82%; Virginia sixes, old, 42; new do., 50;.do., consolidated bonds, 51 a 524; do., deferred do., 12 a 1234; North Carolina ‘sixes, Funding act, 1866, 17 a 1834; do. do., 1868, 20; -do., new, 16 a 19; do., special tax, 10a 14; South Carolina sixea, January and July, 14 a 16; do, April and October, 30; do., Funding act, 1866, 17; do., L. C,, 1889, January and July, 20; do. do. do., April and October, 20; Missouri sixes, 90%, a 9134; do., Hannibal and St. Joseph issue, 88 a 90}. THE STOCK MARKET. The best evidence of activity is furnished by the amount of sales to-day, which reached the hand- some figure of 143,591 shares. Of these the follow- ing stocks represent the largest transactions:— Lake Shore, 17,280; Erie, 1,600; Canton, 1,500; Rock Island, 7,000; St. Paul, 9,150; New York Central, 9,215; Ohio and Mississippi, 18,400; Pacific Mail, 26,500; Wabash, 4,200; Union Pacific, 7,400, and Western Union, 33,900. Naturally, considerable ex- citement attended these dealings, the ten- dency of the market being downwards. Many sales were made for the purpose ef real- izing, as is always the case on Satur- day, which threw large quantities of stock on the market; but, aside from this, the feeling pre- vailed that prices generally must go lower before they can rebound succesaiully. The anticipation of a bad bank statement nad something to do with the condition; but it may be fairly assumed that, even without this, the influences at work were not calculated to create buoyancy. Weeks ago it was written in these columns that when the specula- tion 1n gold culminated it was time for every one “long” of stocks to “stand irom under.” It Jooks very much as if that hour were ap- proaching. When the bottom is reached it will be better for business on all sides, We shall then begin to convalesce, and ona basis that gives promise of a healthier market for the winter, Rumors by the score were adrift in the street concerning this man and that, but they Proved to be utterly untraceable. The course of prices was about as follows:—Western Union sold at 9034 a 91% a 895 a 90; Pacific Mall, 43% a 43 a41% 042%; New York Central at 104% a 103% @104; Erie ranged between 58% a 585;; Hariem sold at 12944 a 129%; Lake Shore sold irom 91% to 91 a 9134; Wabash fell off from 67 to 6534, closing at 66; Northwest common seid between 61% a 69% 60, Rock Island declined to 107, with- out exhibiting any elasticity, except in the last sale, when it advanced 3. St. Paul feceded trom 4834 to 45%, Ohio and Mississippi went.off to 374 a 87%. Union Pacific, from 2634 to 255¢ a 25%; Hanni- bal and St. Joseph, trom 35 to 3444; C., C. and I. G., from 30 to 2914. Panama was steady at 115% a 11534 @ 115. The Western Union books .are an- nounced to close on the 10th inst., and the annual election takes place on the 8th of October, HIGHEST AND LOWEST, The following table shows the opening, highest Highest, Lowest. New York Central and Hudson River stock consolidated » 104% 1035§ Erie...... » 58% 68% Lake Shore. +» 91% Wabash. + 67 Nortnwestern see 61% Northwestern preferred. - 19% Rock Isiand + 108 Milwaukee and St. Pau 1X Milwaukee and St. Paul pref... 6945 Ohio and Mississippi. « 883 Union Pacifi + 26% J.) U. and I, + 80 Western Union. + 916 Pacitic Mail... 4334 IMPORTS AND BXPORTS. The foreign commerce of the port for the week was a8 follows :—General merchandise imports, in- cluding dry goods, $5,420,644, and specie exports, $690,103. The total merchandise imports since the 1st of January were $233,554,757, against $309,133,360 last year, and $262,218,874 in 1871. The total exports of produce since January 1 are $190,229,227, against $147,186,685 2 | last year, and $153,930,760 in 1871. The total ex- | ports of specie since January 1 are $39,394,516, | against $56,915.660 last year, and $53,844,104 in 1871, ,797,237; produce exports, SALES AT THE NEW YORK STOCK EXCHANGE Saturday, September 6—10:15 A. M. 825000 U 5 5's, c, 'S1. a 114 10 A. M.—Betore Call. x 20 sha LS&AMSRR.63 G1 We 10 da. ; aug W% 200 200 do. Tere do. a1 3 as do. 100M & 8c? iit» 10T &AWRR or 20 do, 67 a0 10 ao. oe 00,6 ATE tik: 3 i do... 30, 1300 Ohio & MRR 3H 20 do. oa wy 38 20 do BAL, wy do. sig ct a? 38g 109 do 38% 2 = do. 33g ¥irst Board—10:30 A, M. Ot 1 shaN YC& MRR. 10414 ay vt 6 2h 10m Ad ‘9 100 Ah & TH inc SSESEE m.. 77 Tad 86 0¢.) } 100 do, 500 300 800 300 = Del, L&W Adams Ex krle Hariem. these dese scoured, Nesese. = e £ ee = e me shes ct eraz e255 ss = — ESSSSSEZEe waVsSey ress oo Ey geese oe wt Poorw oe as: fa mz o i: 3 EREREE FAO . eese eee! “4 SESE S888 neperene SEESES: ‘s] boing US £-20, ¢, 67.be NTH OU US 10-40, F........ MIZE 12330 P. M.—Betore Call. seese: BREESE! easnne RES" E SESE Second Soard—1 10000 W Un Tel 7’s.bc 98 500 sha Pac MSS Co. (O)shs US Express,... 6736 100d MOONY C&H Wu do. BO do... 200 Erle RR. 100 ao. 300 Harlem 200 West Un 400 do. Se28 tt4 SSENECEEEEEE aK geese SESSSSSSSREESE za 100 Panama 700 Un Pac Rit. euyuyteee! 200 ou do. ‘300 do. 100 Pac M58 Uo... 100 do. 4 $20000 US 5-20, r, 65, n. 1 uud Tol & Wab'Ist m. 83 1300 ans LS & M8 RK. 91 wy do. 60 do. 70 do, 30) 90) West U: 10 100 100 100 do 70 do. 200 Harlem RR 1000, C &iGR 300 Panama KR.. CLOSING PRICES—3 O'OLOOK P. M Western Union Quicksilver .... 8 Et aR 50 -- bee eeRe Weills-Fargo Ex 72 Am Mer Un Ex. 62 US Express. Pacific Mau. NY Central wer Laxe shore , BOSTON WOOL MARKET, Boston, Sept. 6, 1873. The demand for domestic wool continues active, with some speculative inquiry, The manutacturer take most of the wool h is in tavor of bigher p advance in fine tice and picklock hayin, few weeks ago, Hol: marke! ‘There has been a further able extra and treble extra sc. per Ib., against B20. @ jersot double extra Ohio or Pens: Vania are indisposed to sell at the present rates, believ- ing that prices must advance. have been quite large, and 43c. a 49c. per Ib. has been obtained for choice lots. Delaine and combing fleeces continue active, with the prospect that the suppl; ons will soon become exhausted, transactions ip California wool during the. past week have reached upwards of 1,0:0,000 lbs.. and the stock is t disappearing. The domestic wool business 1 ¢ sidered to he in a very. satistactory condition; sal Ohio, Pennsylvania and Virginia tleeces, med: jeklock, at 4c. a'57 the sales of Wiscons:m and doubly extra medium, extra at and.extra, 8734 Paris Bourse.—Lonvon, Sept. 6-2 P, M.—Paris de- #paiches quote at 581. 30c. 5 P. Frankrort Bow! United States five-twen Liverroot Cotton sept 6—Evening.— for the issue of 1562 Sent. P. M.—Sales of uplands, deliverable Sey basis of low middlings, at 8%d, Sales o erable October and No: dinary, at 94d. American. Sales of wpland tember, on the Orleans, deliv: mber, on the basis ot good sales to-day 6,000 ba ¢ elivery, on the basis of good cr dinar, middlings, ats L-itd. ling Orleans, #gd. Sal for speculation ana export Crop shipments, on basis ol Sales ot uplands, on dinaty, deliverable September, at 8 13-164 Live Makket.—Liverroot, Sept. 6— heese, 618. per cwt. tor the best grades of Amer- ‘oot Propuce Marker. Refined petroleum, er cwt for Ame l. ARKET.—ANTWERP, Sept. 6&—Petroleum, nary, at 834d, {ie basis of good or- OL. PROVISIONS seed, 40s. a 2s, 2 PeTRoLEUM 461. for fine pale American. + + FINANCIAL, A FMONEY,T0 LOAN, ON BOND AND « for a termot years, fe sims from $5,000 to New York improved Property; private dwellings pre- serred; no bonus. CALLENDER & LUARENCE, 90 Pine street Securities, companies, T REASONABLE RATES—MONEY ON LIFE AND Endowment dnsurance Policies, Mortgages and other Insurance, of all kinds enacted with best HABRICH & 0O., 117 Broadway. gain only. amyuni tour days Mi A WEAPSLEY BAZLEY, BROKERS, 74 BROAD- rst class naines Janatoty eircular mailed to apy ad- + way.—Stock and Gold Privileges; fl on All contracts; exp dress. Full intormation on application, LADY DESIRES THE LOAN OF $1590 FOR TWO A onthe dnterest.and ample security will be given. Agdress FRIEN DI An em, «proved y. _ Counsellor at Law, No. 7 Beekaual AMpEReDs, NO. 0 CHAMBERS STREET.—MONEY to suit; low rates; West- TO LOAN ON IMPROVED OR UNIM: NR. NICHOLS, in. steeet, room 9. ened iramedia: chester, Brooklyn, New Jerse Seeuritics neyotimied. Dwelling “BETWEEN POLTON AND John streets, NEWMAN LEOPOLD eoutinues the buying, selling of advancing plana Pianos, Merchandise, T 8 NASSAU STREET, on Diamonda, Life Polieey for any A RESPECTABLE WIDOW LADY wishes the loan of ity given to parties, oF. Recs, eg Fe LOAN OF $5.0) The best res! BANKBR, A. B., box (F008 FIRST AND 81.0 On city and Brook LAV is 1X MONTHS WANTED, RIGAGYS WANTED— 4 property prinetpals only. — ued anaeoganamperger “ A iT PURCH, |ONEY MORTGAGE, $13,000, ity prope: Broadway and ‘hirty-tourth 3 per sent duscounts discount; one +000, same sxe Second. Mo age, ¢ liye pee ent discount: one 2 1 cen discount, and 0. — LON’ BLOAN, ‘31 East Seventeenth street, NLAIMS: COLLECTED — WITHOUT FEES UNLESS C procmeeta ergs Hl arise contdantially, 96; vised how to compromi wi creditors at v0; Zomplications; reference.” Address LAWYER, box Sil, Post office. OWES & MACY, BANKERS, 30 WALL STREET NEW YORK, OFFER THK SAME FACILIVIES TO DEPOSITORS AS INCORPORATED BANKS, AND ALLOW INTEREST ON DAILY BALANCES AT THE RATE OF FOUR PER CENT. IS & FOOTE, Bankers, 12 Wall street, New York. We pay for gold at our counter the price “bid” atthe Gold bxehan; and sell a¢ the price at which it is “offered,” in suans to suit, ONEY TO LOAN—ON BOND AND MORTGAGE Spars New York city and Brooklyn Property. Apply i be sie 8. WILKEY, No, 5 beckman street, rooms ani ONEY TO LOAN ON BOND AND MORTGAGE, AT low rates, in all sums, First and Second Mortgages bought. ANFENGER & EHRENREICH, 33 Pine ‘ONEY TO LOAN—ON BOND AND MORTGAGE IN New York city; no bonus; First and Second Mort- ages cashed, JS bien 62 Cedar street, second floor, iront._ ECURE PRIVILEGES ON STOCKS, AND GOLD costing $10 to $10), paying a profit of $100 to $1,000 a Month. No risk operating in Wall street on this plan fully explained by circular mailed to any address; or- ders aiso executed on margin. |W. F. HUBBELL & CO., Bankers and Brokers, 39 Wall street. NION LOAN AND REAL ESTATE AGENCY, 78 Cedar street, make loans on Property iu New York, Brooklyn, Jersey’ and. Westchester county, in sums to no ‘brokerage; $300,000 to buy First’ and Second Mortgages in vicinity. 16. 00: WANTED—ON BOND AND MORTGAGE, Pa n New Jersey improved property, value within miles of New York, Adiress 5. ., jerald oftice. 0.000 LOAN WANTED-ON FIFTH AVENUE 2 . property, opposite Central Park, worth More than double the amount. Address FLPIH AVE- NUE LOAN, Herald office, one week, with particulars. 100.000 72.048<0% PRIVATE OR TENE- 0) ment property in New York city. Ap- ply to F, FLATAU, 81 Cedar street, room No. 4 $160.000 mortrate: sumo to buy good. seroma mortgage; 5 mortgages on, city property. Principals address MEK- CHANT, Herald oifice. COPARTNERSHIPS, U hae AMERICAN CHROMO PRINTING COMPANY, formerly controlled by Thomas Lee and John W. Senior. 1g dissolved and tow | Fun by Thomas, Lee and 6 W. Snedeker. jebts due the o orders for chromos must be sent to LEE & SNEDEKER, at 40 Penn street, Brooklyn, E. D, THE COURTS. ‘The matter of the alleged forged New York rall- road bonds continues to occupy more or less the attention of the courts, Mr. Johnson, the lawyer alleged to be implicated in the utterance of these bogus bonds, was yesterday brought before Judge Davis, in Supreme Court Chambers, on @ writ of habeas corpus, It was arranged, however, that he be brought to-morrow morning before the Court of Oyer and Terminer, to plead to indict- ments which it is understood will then be pre- sented against him, when application wili be made fer his release on bail. BUSINESS IN BANKRUPTCY. Comparative Returns for the Months of August, 1872, and 1873. In the month of August, 1872, there were filed in the office of the Clerk of the Uaited States District Vourt for the Southern District of New York, thirty-three petitions in bankruptcy. Of these thirty were involuntary and three voluntary. For the month of August, 1873, the number of peti- tions filed was forty-four, of which thirty-seven were involuntary, one voluntary and involuntary, and six voluntary. Excess of petitions in August, 1873, over August, 1872, eleven, The Bankruptcy act went into operation on the 1st day of June, 1867, and since that time up to the present date there have been flied in this district 4,238 petitions, voluntary and involuntary. ONE MILLION ALLEGED FORGED BONDS. The Writ of Habeas Corpus in the Johnson Case—Indictments To Be Pre- sented To-Morrow Morning. In return to the writ of habeas corpus, issued by Justice Fancher on Friday last, Captain Walsh brought into the Supreme Court, Chambers, yester- day morning, James W. Johnson, the Williamsburg lawyer, arrested for alleged uttering of the bogus New York Buffalo and Erie bonds, The prisoner seemed very cool and collected, and kept up a free and easy conversation with his counsel, Mr. Wil- liam F, Howe. On Judge Noah Davis’ ascending the bench, Mr. Howe called his honor’s attention to the iact that his client had been taken to and from Essex Market for the purpose of examination, but im the interim of numérous adjournments he had been iniormed that an indictment haa been fourd against Mr. Johnson by the Oyer and Terminer Grand Jury. Tne purpose of this proceeding was to allow the writ of habeas corpus to remain pending until the indictment was presented in Court on Morday, when he would there move that imme- diate action be taken in the premises, Justice Davis thereupon adjourned the writ of habeas corpus until to-morrow morning, and John- son Will be then arraigned in the Oyer and Term1- ner to plead to the indictments to be then filed against lum. and his release on bail applied for, he starting revelation has been made that at least one million forged bonds are in the market, BUSINESS IN THE OTHER COURTS, SUPREME COURT—CHAMBERS. The A ult on Officer O’Connor—Delay of the Trial and its Judicial Condemna- tion, Before Judge Davis, Peter Conway, the alleged assailant of Officer David O'Connor, was brought yesterday into this Court on a writ of habeas corpus, asking, through his counsel, Mr. William F. Kintzing, for his dis- charge. It appears that OMcer O'Connor, while on his post in the Tenth avenue, on the Sth of July last, arrested the prisoner and two of his com- panions for disorderly conduct, when Conway broke away from the officer, who followed him, when Conway seized a stone and hurled it at the officer's head, inficting, as it was supposed at the time, mortal wound. Conway was cowmitted by Coroner Herrman to await the result of the injuries. The officer sub- sequently recovered, since which time, for some reason or another, the case of the prisoner has never been disposed of, although confined ever since in the Tombs. Mr, Kintzing asked that he be discharged in consequence of a neglect to prose- cute upon the part of the authorities, Assistant District Attorney Lyons opposed, and promised to send the case immediately beiore the Grand Jury. Judge Davis said uniess some action was taken by the Grand ean or before the 14th inst. the prisoner must be discharged. He condemned the practice of keeping men in prison ‘or an indefinite period and without bringing them to trial. The prisoner in the meantime was remanded back to prison. A Good Way to Change a $500 Bill, Hugo Urban, who was committed by Judge Bixby upon the 29th of August last, without bail, upon a charge of larceny, for trial at the General Sessions, Was brought up upon a writ of habeas corpus yes- terday. William F. Kintzing, his counsel, asked that bail in areasonable amount might be fixed. The prisoner, as will be remembered from the report heretofore published in the HERALD, with two com- panions, went to the store of Rudolf Sieg, No, 223 West Twenty-seventh street, and requested him to bill, Not having suMcient change, Mr. Si handed him = $200, and at tne same time handed the bill to one of the prisoner’s bees een with @ request that he go out and get it changed. Upon this the prisoner is companions fled, carrying with them the bill and the $200 belonging to Mr. Steg. Mr. Kintz- ing said that this was a bailable case, and that the prisoner was prepared to give bail. “Assistant Dis- trict Attorney iN Opposition that the case would go before th and Jury on next Mon- day. Judge Davis aaid that would not do. Every citizen he declared had the rignt to be bailed ina Teasonabie umoont in @ ballable case, and, as this Was a bailable case, he would 1x the bati at $2,000, which was subsequently pub in by Mr. Kintzing, the prisoner's counsel, and the latter release from custody, BROOKLYN COURTS, CITY COURT—SPECIAL TERM. A Mayor's Wooing—The Wade-Kal\- fleisch Case. Before Judge Nelison, ‘The Wade-Kalbfeisch breach of promise suit w again belorg the gurt yesterday on & motion of WEW YORK “HERALD, SUNDAY, SEPTEMBER,“7, 1873—QUADRUPLE SHEET. cr tne plaintia, mre, Mary Frances Wade, for féave to continue against the executors of the deceased. ‘The case has aiready been fully published. Mr. Nortoa, for plaintiff, in opening sald :—This is an actloys by Mrs, Mary Frances Wade against, Martin Kalbdeisch for a breach of promis | " Carrie Adler, of mi,rriage. The contract was entered into on the 18'.0 of December, 1871. It was renewed from time ‘o time, the time fixed when the marriage should e place, in January or February, 1872. The tume Was subsequently fixed in the fore part of March, 1872. The answer of the defendant admits the making of the contract, aud alleges that sub: sequent to the making of the contract he ascer- tained that she was a woman of loose character, and jor that reason he rejused to carry it out. Counsel then submitted an afidavit of plaintiff, as follows:— ‘State of New York, King Brooklyn, ##.— Mary haa % belts uty pfeppide geen the is the plaintiff in the above entitled action, commenced by the service of the’ summons and com- aint upon the above named defendant on or about the Bistday ot September, 1872, to recover Gamagey for the breach of a contract of marriage theretofore fo ,08 about the 18th day of Septeraber, 1871) made with this jeponen’ That on or about the ith day of October, 1872, an and that issue was joined herein by the service of an amended answer on of about the 31st day of October, 1872; and that after the joining of Issue a8 aforesaid, and on or about the 30th day of January, 1873, this cause was duly noticed for trial by the plalitid, and duly placed upon the calendar his Court oT xnd deponent further says that, after the Joining of is- sue, as aioresaid, and alter said cause had been so noticed and placed on the calendar for trial, as afore- suid, and on or about the 12th day of February, 1873, as depénent is informed and believer, said depotlent dled, having first duly made and published his last will and testament, by which, among other things, he appoinied Charles A; Kalbfleisen, Albert M. Kalbfleisch and Frank- lin H. Kalbtleisch, his executors, who have proved said will, ‘and that letters testamentary thereon have been duly issued to them by the Surrogate ot the county of Kings, and they have undertaken the execution thereof, ‘And’ this deponent further says that said action is still Kane have been taken, to’ the, knowledge of this: do- poo ey MARY F. WADE. Mr, Beach responded for the defence and argued that the reai question involved Is of very consider- ble interest and is of the first impression in this State. It involves the marriage relation in a very great degree. I admit that in the country the mar- Tiage relation depends upon a civil contract. But Ideny that it is similar to all other contracts, It 18 a contract sui generis, exceptional in its charac- ter and not governed by the principles that are attached to other civil contracts, In all its essen- tial attributes in the liabilities which follow from a@ breach of It, it differs from all other contracts. So far trom being a pure contract, it is far from the ordinary regulations which apply to other civil contracts. The United States constitution has a clause that no State snall pass a lawimparing the validity of contracts. It has been held that marriage is not a contract within the province of that clause of the constitution, otherwise laws of the States granting divorces would be unconstitutional. Again, what is the remedy for the breach of the contract of amended complaint was served herein, Marriage? It affects the person and not the prop- erty of a man, and its violation is a wrong done to the person, not to the property. ‘The evidence to be given in mitigation of damages is different from what may be given in other cases. The defendant may show that the plaintit? has been addicted to the use of intoxicating liquors, or has been of loose and immoral character; so in aggravation of dam- ages, the plaintiff may show that she has been seduced under the promise of marriage. The ac- tion, to be sure, is for the recovery of money, but the contract is not one that affects the personal és- tate. The wrong done is to the feelings, and the affections, The remedy is for the wounded pride of the person wronged and the loss of the mar- riage. Although this marriage ts culled a contract, and though it is held in this State to be based upon contract, yet I submit that it isan exceptional con- tract and not governed by the ruies which apply to other contracts, Tne action is one not based purely upon contract, but for a wrong done to the person, in that the feelings are injured, the affections wounded and the pride humbled. It is an action that cannot be continued against the executors. It ig @ personal action which dies with the person. It is of aclass with actions for libel, slander and criminal conversation. Again, If the action survives against the executor itis acause of action that may be assignea. It may be assigned by either party. We should be led to this extraordinar, conclusion that it might be assigned before breacl or alter breach; that upon the instant of the promise, the plaintit ought to have assigned iv with all its abuities and engagements to a third party, this absurd consequence must lollow, there is no logic or ingenuity that can escape it. Other ab- surd consequences follow. It is a continuing con- tract. When the ceremony is performed, one party contracts to love, cherish and protect. If there is a breach of these Ofte there ought then to be an action to the wife for damages, especially now that the wife is constituted an in- dependent personal entity, with her gat of prop- erty, why should not an action lie, ii the views of counsel are correct. also well settled that the executor or administrator represents only the per- soual estate of the decedent. If the action will survive against them they might then, the circum- stances being revised, themselves bring an action for @ breach of promise of marriage. It is well settled that the executor cannot recover for in- juries to the person, he can only bring an action for damages which affect the estate. The Court reserved decision. COMPTROLLER'S RECEIPTS. Comptroller Green supmits the following state- ment of the collection of receipts of the Bureau for the Collection of Assessments for the week ending Saturday, September 6:—From Broadway widen- ing, $1,329; from Riverside Park Fund, $2,398; from Assessment Fund, $18,594; trom road or drive north of 156th street, $61,983 ; from steeet improve- ments, $11,418: trom interest on assessments, $970, Total, $96,695. Collections to August 1873, in- clusive, as per previeus reports, $4,300,310, Total collections of the bureau for the year 187: $4,397,005, of whica amount $43,318 was ‘or interest accrued, PAYMENT OF LABORERS, Comptroller Green will pay on Monday the rolis oflaborers on the small pipes and repairing six- feet pipes to August 31, amounting to $11,423, COMPTROLLER'S DEPOSITS, , Comptroller Green reports the following amounts paid into the treasury yesterday:—From arrears of taxes, assessments, water rents and interest, $5,570; from assessments for street openings and improvements and interest, $31,965; from market Tents and ees, $1,251; from bonds and mortgages and interest, $6,526; trom Croton water rents and penalties, $1,862; from licenses, $110. Total, PUBLIO WORKS, Commissioner Van Nort makes the following statement of public moneys received by the De- partment of Public Works during the week ending yesterday (Saturday) :—For Croton water rent, $13,315; for penaities on water rent, $28: ing Croton pipes, $1! for vault permits, $2,433; lor sewer permits, ; for sewer pipes sold to contractors, $2,804. Total, $19,337. FATAL RAILROAD OASUALTIES, Coroner Young was yesterday notified to hold an inquest, at 507 West Twenty-eighth street, on the body of Martin Fallon, a man twenty-eight years of age, who was almost instantly killed; at half-past eight o’clock on Friday evening, by bein; run over on the corner of Twenty-eighth street an Tenth avenue, by car 16 of the Belt Railroad. James E. Baldwin, driver of the car, was arrested by the Twentieth precinct police, and detainea in tne station house to await the action of the Coroner. There are two or three witnesses to the occurrence, Michael Way, a boy, eight years of age, early on Friday evening was run over in First avenue, near Twenty-third street, by car No. 76, of the avenue B line, and so severely injured that death subse- quently ensued in Kellevue Hospital, whither he had been removed. Deceased lived with his arents, at No, 383 First avenue. It is said that lichael, in playing with other boys, accidentally ran between the whittletree and the dashboard of tne car, and before the driver could brake up he was iataily crushed. Cornelius Callahan, the driver, was arrested, and subsequently discharged by Coroner Young, who will bold an inquest, eh eed MARRIAGES AND DEATHS. Married. ANDERSON—CAMPBELL.—On Wednesday, Septem- ber 3, at the residence of the bride’s parents, by the Kev. Halsey Moore, pastor of the Second Bap- lust church, Hariem, Mr, LUDWIG A. ANDERSON to Miss Many E, CAMPBELI, BRADLEY—WILLIAMS.—On Thursday, September 4, at the residence of the bride’s parents, by the Rev. Dr. W. F. Morgan, EDSON BRADLEY, Jr., to Miss JuLia W. Wittiams, daughter of Mrs, M.S. Allen, all of this city, CAILLOUTTE—IRVINE.—On Monday, September 1, 1873, by the Rev. D, Peck, FRANKLYN L, CAILLOUTTE to eee lL. Spee All of Brooklyn, E. D. uebec papers please copy. 1LL3—NEWKIRK.—OD Wednesday, September 3, 1873, by the Rev. L. Ray Foote, WILLIAM MILLS, of New York, to MaRY Louisa NEWKIRK, Of Hoboken. MURPHY—NEVILL.—At the residence of the bride’s parents, by the Rev. Dr. Banks, THomas R, MoRPHY, to SARAH A,, eldest daughter of Robert Nevill, All of Yonkers, MCCLELLAND—FELL.—On Monday, September 1 at 412 East Filty-eighth street, by the Rev. C. Sey- mour, ROBERT MCULELLAND tO MARIA FRANCES, eldest daughter of Nicholas Fell, of Portiaw, ire- rm NortoN—Recror.—On Wednesday, September 3, by Rev. W. H. Evans, Mr. fanny Ne TON to Miss JENNIE A. Rector, all of this city, No cards, USBORN—SHEFFIELD.—On Wednesday, september $a the residence of the bride’s mother, by the v. Dr. Deems, QERNSEY OSBORN, Jr., to JOSEPHINE H. SHEFFIRLD, both of this city. THORLEY—FRANCI8.—At Hoboken, on Wednes- day, September 3, at the residence ot the bride’s mother, by the Rev. Mr. Egbert, CHARLES THORLBY, Jr., of ‘Hodson City, to Miss JENNIE E, FRANCIS, slaughter of the late ex-Sherif Francis, No cards. MLNSON.—OD Wednesday, September 3, Partug—Jo. 73, wt the Gharsh of the Roly Trinity, Harlem, by Ye” Reve Dr. Cuanues C. varus, to KoecaiDe, Me AP or k. F, Johnson, all of New York. Died. * ADLER.—On Saturday evening, September” EMANUEL 8, ADLER, youngest son "of Seligman an ‘The relatives ana friends are respectfully invited to attend ¢ e juneral, trom the residence of tie parents, 114 bast ot ieth street, ow Mondays at nine o’cl 3 mm AYuES On Friday morning, September 5, at tig residence, Morrisania, Westchester county, N. Y., Dr. HENRY AYME. Relatives and friends are Invited to attend the funeral, trom St. Mary’s church, 143¢ and Alex~ ander streets, Mott Haven, on Monday, September: 8, ah one o'clock pret. 2 timore papers ples is BuLMoNT.—AL Unionport, Westehester, on Sat~ urday, September 6, THOMAS BELMONT, aged 20 ears. i ‘The friends and acquaintances of George Bel- mont are respectfully invited to attend the funeral of his son, Thomas, on Monday, September 8, from St. Peter’s charch, Westchester, at three o’clock. ‘BEEBE.—In East Chester, on Thursday, Septem- ber 4, Exiza, wife of Anthony Beebe, aged 35 years,. 9 months and 24 days. ‘The relatives and friends of the family are re-- spectfully invited to attend the tuneral, from St.. Paul’s church, East Chester, on Monday afternoon,, at two o'clock, BERGEN.—On Saturday, September 6, Mr3. MARY” BERGEN, wife of the late John Bergen. Due notice of the funeral in Monday’s papers. BogEN.—At Pleasantville, on Thursday, Septem- ber 4, 1873, DEBORAH BOGEN, Wile of James O. Bi gen, aged 29 years, 3 months and 4 days. BRADFORD.—At Ridgefield, Conn., on Thursday, September 4, MALE OLMSTRAD. daughter of Willan 2 and Pauline A, Bradford, aged 3 months and 14 Saneral services on Sunday, at four o’clock P. M.. at the residence of her grandjather, Harrison. Olmstead, Esq., Stamford Conn, Her remains wih be taken to Rye for interment, Burnetr.—At Dutch Kills, Long island ity, on Thursday, September 4, Margaret, wile of Phillip: Burnett, dd 54 years, . Notice of funeral hereafter. Byrnes.—On Saturday, September 6, 1873, CaTH- ARINE, beloved wile of Thomas Byrnes, @ native off county Louth, Ireland, of heart disease, in the 45tu. year of her ag ‘The relatives and friends of the family are re-- spectfully invited to attend the funeral, from ber- late residence, No. 109 Greenwich street, on Mon- Ke September 8, at two P. M. fy C. a rlow and Louth papers please copy. AHILL.—In Jersey City, on Friday, Sey tember 5,. fter a short illness, JOHN CAHILL, & native of the ish of Street, county Westmeath, Ireland, aged 59 years. The relatives and friends of the family are re-- spectfully invited to attend the funeral, on Mon-- day morning, September 8, at half-past eight. o'clock, trom his late residence, corner of Grove: and Fiith streets, The remains will be taken to St.. Mary’s church, corner of Second and Erie street: where a solem high mass of requiem will be offe: up for the repose of his soul. ‘CHASE.—In Brooklyn, E. D., on Saturday, Sep-- tember 6, MATTHEW H. CHASE, aged 67 years. Relatives and friends are invited to attend the: funeral, from the residence of his son-in-law, N. B.. Hooper, No. 68 Pena street, Brooklyn, BE. 'D., ome Monday, September 8, at two o’clock P. CHURCHILL.—On Thursday morning, September 4,. at his residence, No. 5 Gramercy Park, of paralysis,. Timoray G. CHURCHILL. Relatives and friends are invited to attend the: funeral, at Calvary church, corner of Twenty-first street Cielo wae on Monday, September at one o'clock P. M. » CoNtoN, AMES, son of Bernard and Mary Con-- lon, aged 7 years, 6 months and 28 days. ‘The relatives ‘and friends of the family are re- spectfuliy invited to attend the iuneral, from hiss arents’ residence, 160 East Forty-second street, at- alt-past one o'clock. CONNOLLY.—On Saturday, September 6, 18' of chronic diarrhea, JOHN CONNOLLY, & native county Cork, Ireland, aged 34 years. Relatives and friends of the family are respect- fully invited to attend the funeral, from his late: residence, No, 108 Monroe street, on Monday, Sep-- tember 8, at two P. M. CRANDALL.—At North New York, on Friday, Sep-- tember 5, infant daughter of William E. and Mary F. Crandall, aged 5 months and 5 days. Relatives and friends are respectfully invited to» attend the tuneral, from her parents’ residence,. 139th street, between Willis and Alexander ave- nues, this (Sunday) afternoon, at three o’clock. Day.—On Friday, September 5, WILLIAM L. Day,, son of Peter P. Day, in the 28th year of his age. Relatives and frienas of the family are respect fully invited to attend the funeral, from his late: residence, No. 103 Charles street, on Sunday, the ‘7th inst., at one o'clock. Davis.—On Friday, September 5, JaMEs Davis. re 46, native of Wales. (ne friends of the family are respectfully re- juested to attend the funeral, from his late resi- lence, northwest corner of Filty-first street and Third avenue, on Sunday, the 7th, at two o’clock, DgzeNDORF.—On Thursday, September 1873, at Plainfeld, N. J., bypia DezENpoRF, daughter of John and Caroline Dezendorf, aged 33 years. Friends and relatives are invited fo attend the: faneral services, from tie residence of her parents,. Ninth street and Park avenue, Plainfield, at three: o’clock P. M., on Monday, September 8, Trains New Jersey Central Railroad, foot Liberty’ street, New York, ut 12 and 12:60 P, M. Digsret.—On Friday, September 5 Karts, the: wife of Conrad Diestel, age 22 years, 9 months. eral Wiad take ¢ from the restdence oj her’ ef, Alexander Moran, Hunters Point, on Mon- , the 8th inst., at two o'clock P. M. ANAGAN.—Alter @ long and painfall illness, which she bore with Christian iortitude, MARGAREs FLaNnaGaN, the beloved daughter of Andrew andi Margaret Flanagan, a native of the parish of Jane, county Cavan, Ireland, aged 33 years. Relatives and friends are respectfully invited to attend the funeral, {rom her late residence, No, 144 West Fiftieth st., this day (Sunday), at one o'clock... Irish papers please copy. Frost.—At Brookiyn, on Saturday, September 6,. 1873, SUSAN A., wife of Theodore Frost. ‘ice of funeral hereafter. GoLpseRG.—On Thursday, September 4, after & long and severe tilness, ISAAC JOSEPH GOLDBERG,. beloved husband of Katie Annie Goldberg, @ native: of Germany, aged 23 years, The relatives and friends of the family are re— ctfully invited to attend the funeral, on Sunday afternoon, September 7, at two o’clock, from hiss late residence, No. 190 Delancey street, from thence: to Calvary Cemetery for interment. Goopwin.—Snddenly, on Friday evening, 5tto inst., EMILY G., beloved wife of Charles T. Good win. Relatives and friends of the family are mvited tor attend the funeral services at her late residence,. No. 31 Cambridge place, Brooklyn, this (Sunday) evening, September 7, ‘at seven o'clock. GoRDON.—At her residence, 490 Myrtle avenue; Brooklyn, Maky GORDON, in the 87th year of her age. Relatives and friends are respectfully invited to» attend the funeral, from St. Patrick’s church, cor- ner of Kent and Willoughby avenues, mt twor o'clock P, M., where a solemn requiem and higty mass will be offered for the repose of her soul. Gorpoy.—On Thursday, September 4, HANNAEE GorDon, the beloved wife of Michael Gordon, im the 53d year of ner ee The relatives and friends of the family are re~ spectfully requested to attend the funeral, from: her late residence, 509 East Eleventh street, at half-past one o’ciock, HARRINGTON.—On Friday, September 5, Mary, daughter of Patrick and Anne Harrington, aged 11 years, 5 months and 22 days. ‘he friends of the family, and also those of her uncles, William and Matthew Hart, are invited to» attend tne funerul, this bah afternoon, at two o’clock. from the residence of ber parents,. No. 278 Monroe street, Hart.—At Clifton, 8. 1., on Friday, September 5,. CHATRIBAN SMITH, beloved wile of Charies Hart, im: the 81st year of herage. Funeral this day (Sunday), ata quarter to.one: o'clock, from Whitehall street ferry. Melbourne (Australia) papers please or... HINKL&Y.—On Thursday, September 4, RY CL. HINKLEY, d 35 years. ‘The relatives and friends of the family are re- spectfully invited to attend the funeral, from his: late residence, 105 West Thirteenth street, on Sun- day, September 7, at two o’clock. The remaing« will be taken to Portland, Me., for interment. Huenes.—On Friday September 6, Many Hucuks, daughter of William Hughes, of Castie- blaney, county Monaghan, Ireland, aged 7 —— Funeral will leave 17 State street, Brooklyn, at. two o’clock. Friends are invited to attend, Jongs.—On Friday, September 6, 1873, of con-- sumption, Mary E., wife of Walter D. Jones, M. D.,. 1m her 34th year, Funeral services will be held at her late rest- dence, No. 202 South First street, Brooklyn, E. D.,. this day (Sunday), at four P.M. Relatives andi friends are deta invited to attend. Intor- ment at Mamaroneck, Albany and Newburg papers please copy. JuLIAN.—On Friday, September 5, THomass JULIAN, @ native of county Kerry, Ireland, aged 65- years. Relatives and friends of the family are respect fally invited to attend the funeral, “from his inte: residence, 360 Lexington avenue, Brooklyn, t! (Sunday), aiternoon iy two o'clock, me rai Laikp.—On Friday, September 5, WIGLIAM AU-- GUSTIN, 80n of James and Catherine J. Laird, aged: 9 months and 17 days. Funeral to-day (Sunday), at two P. M., from 399» Greenwich street, corner of Beach. LaMbERT.—On Friday, September Leg Mare, daughter of James and Annie Lambert, aged year, 8 months and 11 days. The funeral will take place, from her late resi~ dence, No, 1,586 Second avenue, this (Sunday) af ternoon, September 7, at one o'clock. LaMoNT.—On Saturday morning, 6th inst.,, CHARLES A. LAMONT, in the 48th Se of his age, The funeral services will take piace from his late: Tesidence, 655 Fifth avenue, on Tuesday afternoo neXt, at iour o'clock. The relatives and friends the family are respectfully invited without further invitation. Lewis.—On Thursday, September 4, STELLA, in- fans dauguter of William ¥. and Alico Y, Bona wis. ives and friends are invited to att feneral Win Ko Baka of re J Edwin Bore . ast i street, New mie tee k three vial ‘ork, this (Sunday). |. UDBMAN.— aturday, September LUDEMAN, only cnild of X Band Dorstta tates 9 man, aged 1 year, 2 months aud 10 days, Rolutives abd iriends are respectfully (nyite? te