The New York Herald Newspaper, November 7, 1873, Page 8

aes na OS THE COURTS. Motion to Quash the Indictments Against Ex-Comptroller R. B. Connolly. ——-+— No Juror Yet Obtained in the Tweed Case. —_-— The Stokes Juror, No. 8, Convicted of Con- tempt of Court and Sentenced to Thirty Days’ Imprisonment and to Pay a Fine of Two Hun- dred and Fifty Dollars, Im ‘the Tweed big indictment trial no progress was made yesterday except in exhausting the panel, as up to the adjournment of the Court nota wingle juror had been obtained. Counsel for the defence seemed determimed to make the trial of the big Boss tedious and wearying as the big in- dictment itself, Itis not every day that so big a plum falls into the hands of counsel, and they are anxious to make the most of it; and if even they do prolong it beyond the patience of Big Six the quiet reminder, “What are you going to do about iti” will be sufficient to keep him quiet, and save me from my friends will, no doubt, be his last appeal | before they get through with him. The argument in the suit of Judge Conlter to | restrain Mr. Murray specially, and generally all | ‘the other new Justices of the Police Courts, from interfering with him, was continued to-day before Judge Larremore. Mr. Vorman B, Eaton argued at Jength that the law under which the new Justices were appointed and the old Justices removed was constitutional, and that therefore Mr, Coulter had not even color of office, and that the rule that an officer should not be removed except after a trial of title of office by quo warranto was a rule of public policy which did not apply to this case, where public policy required the immediate settle- | ment of the right to oMice, and im which nine out @f the ten ousted Justices, recognizing this, had ac- cepted the offer of the Attorney General to at once vest their legal rights in such an action, The case 8 still on. John Brodie, alias Adam Petrie, was brought before Commissioner Shields and charged with having become surety, under the name of Adam Petrie, for Erederick Rudolph, a cigar manufea- turer, No, 122 Delancey street, by swearing that he ewned property which did not belong to him. The bond—a tobacconist bond—was given to Morris Friesdam, Collector of the district. Defendant, who had been arrested by Deputy Marshal Bernard, was held in $2,000 bail for examination, A man named De Bevoise, who had been accused of conspiracy to defraud the government by Illicit distillation at the Spring Valley distillery in Roc’ land county, appeared before Commissioner Shields and gave bailin the sum of $2,000 to attend and and answer the charge when called upon. In the United States Circuit Court Judge Woodrugr | rendered his decision in the case of W. A. Britton | ys. Generai Benjamin F. Butler, which was recently tried before him. This was an action to recover | abont $15,000, being the amount of certain checks | of which the plainti® claimea to be the owner, and | which had been confiscated by General Butler | while commander in the Department of the Gulf, on the ground that the checks were being brought from rebel into loyal territory, contrary to the provisions of martial law then existing. The decision of the Judge is in favor of General But- | jer. | In the United States District Court yesterday, before Judge Blatchford, counsel on behali of Edward Lange, recently convicted of embezzling mail bags and sentenced to one year’s imprison- ment and a fine of $200, made an application tor | a writ of habeas corpus, so that the legality of the sentence might be discussed. It is claimed by prisoner’s counsel that the sentence should have been either tmprisonment or fine, while the sen- | tence imposed included both imprisonment and fine. Judge Blatchford refused to grant the writ, | and counsel expressed tneir intention of making a | similar application to Judge Benedict, before whom the case was tricd. Henry Freund gave bail yesterday before Com- missioner Shields, in the sum of $2,000, lor exami- nation on a charge of committing perjury in swear- img that he owned property which, it is claimed, did not belong to him. This swearing is alleged to have taken place in connection with a bond which | the defendant was entering into on behalf of another person. THE RING SUITS, | 8 Motion to Quash the Indictments Against Ex-Comptroller R. B. Connolly. In the Court of General Sessions, before Judge Sutherland, yesterday, Mr. John McKeon, in ac- cordance with notice, moved to quash the indict- ments found against Richard B. Connolly by the Grand Jury in December, 1871. Assistant District Attorney Russell offered a preliminary objection to the motion, and asked Mr. McKeon to present the grounds of the motion. Mr. McKeon said the motion was based on the ground that another indictment for substantially the same offence had subsequently been found by the Oyer and Jerminer Grand Jury, and the law required that when a person Was a second time indicied for the same offence the first in- dictinent be superseded. There were on file in the Clerk’s office of the General Sessions fifteen in- | dictments against Mr, Connolly—two jound on the | 15th of December, 1871, charging Mr. Connolly with not having perly audited certain warrants, while the remainder of the indictinents were found a day or two afterwards. So the matter stood un- til October, 1872, when the large indictment, com- prising 251 counts and covering 60 claims, was Jound against Mess: d and Connolly by the Oyer and Terminer Grand Jury. Co el con- tended that this indictment covered the claimrs of December 15, 1811, and on this round | he asserted that the — original | Indictments were superseded by that of the and Terminer., Counsel contended that the Gen- eral Sessions Grand Jury, by which the indic ments of 1871 had been found, was extended ill gally from the November term by Judge Bediord, | and that therefore its action was void. Counsel asserted that Mr. Connolly had never been under examination by a committing magis- trate, and added that the November Grand Jury could not find an indictment when the Oyer and Terminer Grand Jury was in session. Mr. McKeon then quoted from the act of 1870, h supported his view, Assistant District Attorney Russell was not ready to argue the c: and the 15th inst. was ape Pointed for tue further hearing of the question, THE STOKES JUROR NO. 8. ———_—_—— James Delos Center, Juror No. 8, Con. victed for Contempt—Me is Sentenced to Thirty Days’ imprisonment in the County Jail and to Paya Fine of $250. After recess, in the Oyer avd Yerminer Court gesterday sitting in he Tweed case, Mr. Howe read an affidavit from James Delos Center, the Stokes juror who is clarged with contempt of | Court. He denies that he acted in ea suspicious manner with one Clark as the OMcer French s#wears; said Clark is his business partner, He Aenies that Clark ever whispered to hit im pres- ence of the officer, and says tie conversation they had was purely on matters of business, He denies point-blank every one of the alle gations.in the am- @avit, and also that of Harry Will and rhe other oficer, Hunt. He says he was im the habit of sell- ing wine to Harry Hill, Reddy the Blacksmith and | the other saloon keepers whose places he ‘visited mM company with the officers; that his visits were purely op inatters of businers, and tnat he never conversed about the Stokes case with any one out- side the Court, and did not understand that he ‘Was restricted as to the places he was £0 Visit, and quate had no intention of acting in cantemptwf Mr. Howe then went on to say that, if Center Grane More than he ought on these visite, it was as 4 wiltul contempt of Court to take stimalants. le certainly came into Court next morning £0 full Posseseion of his lacnities, and he certainly aereed With the other eleven jurors, or wd have united on a verdict dunes then sea an adevit from Center's partner, Warren Ulark, and pg Alfred B. Goodin,ot No, 428 Broadway, He also = oo emcnyit from Mrs. Seely, who accompaniedy pd = er to the Astor Housé ona visit to her pr and. She states that in her presence Mrs, ‘bier walled Ler husvand’s attention ty the news: | tat | case arises under the act of 1864, the fourteenth | any vesselor of any goods” the “decision of the | on eacn | tve or continuing protest, The act requires that | while making his way there trom Confederate ter- | | be al to recover the amount of the drafts. | The | what hi comments that he was ravorabie to the de- nee, &c. French, who was present, said to Mrs. Center, “You are foolish; 1t is all newspaper talk. He never did anything wrong. He aiways acted as @ perfect gentleman.” An additional stavement, written by Mr, Center, was also read, to the effect that on the Grst poll of the jury SIX WERE FOR ACQUITTAL, and that his yvete at the last was that of the other eleven. Assistant District Attorney Allen said if Hts Honor had aay doubt of the truth of Harry Hill’s and the other aftidavits for the complaint he could prodece twenty witnesses in support. Mr. Howe said the defendant teft the matter re- spectfully—he was going to say abjectly—to the cacrene of the Court, denying any willul con- empt. Judge Davis said if his mind was in much doubt he would order the production and examination of witnesses, During the trial, in view o/ the long continement of the jurors in a close atmosphere, he allowed them, in company with ofticers, either in a body or single with an oiicer, to take a walk, and only to take a walk, In some instances he gave jurors permission to visit for the purpose of changing their apparel, and he allowed another to visit bis 1ather, Mr. Center came to the Bench and stated he bad im- portant business to be attended to, and he got per- Mission to Visit his place of business in company with the officer, Hunt, and then return, but he gave bo intimation that he was to visit the places Ramed in the affidavits, Soon after this iniorma- tion came to the Court that the juror had been vis- iting improper places, and on the ofiicer admitting that they visited those places, that officer was re- moved irom attendance on the jurors. Notwith- standing this, the visits were continued in com- pany with another officer, Nothing could be more improper than visits by a juror, on such a trial, to disreputable places, as they are conceded to be— Hill’s dancing saloon, and taking drink in the place oj a man called Reddy the Bracksmith. NO WONDER THE COMMUNITY WERS APPALLED at the idea of such things happening, and nothing could be more calculated to bring the administra- tion of justice into disrepate, Looking over the afMidayits, His Honor couid see in them no denial of the allegation that the juror visited the places named, Whatever Hill’s character may be, he de- serves a meed gf praise for baving, in the interests of the people, made afMidavit that enabled the Cour! to take hold of this matter, It was not con~ ceivable why he should make such a statement against a customer unless it was true, On the other hand, the man who could, while juror in such a case, visit such plac cutive nights, was capable of conversing about the case. Judge Davis then said:—‘It is my duty to con- vict Mr. Center of WILYUL CONTEMPT OF COURT in violating the directi in respect to the jurors being kept together, except Where special permis- sion Was given, andon the ground that he con- versed improperly about the case with parties not connected with it. The sentence ig that he be imprisoned in the County Jail for a period ot THIRTY DAYS AND PAY A FINE OF TWO HUNDRED AND FIFTY DOLLARS, and to stand committed until the fine is paid, fora period not exceeding thirty days alter the other term.’ BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT. “Prospective Protests’—A Law of Con. gress Judicially Construed for the First Time—Important Decision by Judge Woodruff. Not long since there was tried before Judge Woodruff the case of Sigmund Ullman against Thomas Murpby, ex-Collecter of this port. The action wae brought to recover for an alleged excess of duties paid under protest on an impor- nof goods. The facts submitted to the Judge appear to have been these:—The goods were im- ported and entered for warehousing on the 1st of January, 1871, The amount of duties demanded by the Collector was liquidated on the Ist of February, 1871. The plaintif, on the 20th of June, 1871, paid the duties demanded, A previous importation of the same goods was | entered in December 10, 1870, and the plaintiff paid the duties at the same rate. He filed a protes' the same time, and attached to it the words intend this protest to apply to all future similar importations made by me.’? Counsel for the plain- ull, Mr. Sidney Webster, argued that the notice iven was “a sufticient or continuing no- that it applied to aul like goods imported by Mr. Ullman, and came up to the requirements ot the acts of Congress which made a protest neces- sary for the purpose of entitling the importer to take an action for the recovery of money erro- | asiy Or wrongfully exacted by the Collector. imons, United States Assistant District At- contended that a prospective protest of ‘acter, under the act of 1864, was not suf- ficient, and that, therefore, the plaintii could not | maintain his action. Judge Woodrul yesterday rendered his decision on the above question. He holds that the present section of which deciares:—“That on the entry ot Coliector of Customs at the port of importation and entry as to the rate and amount of duties to be paid on the tonnage of such vessel or on such goods” “shall be final against all persons interested | therein, unless the owner” “shail, within ten days he ascertainment and liquidation oi the ‘give notice, in writing, to the Collector entry, if dissatisfied with his decision, setting forth therein distinctly and specifically the grounds of his objection thereto.” “This act,” observes Judge Woodraff, “has not heretoiore been under judicial consideration, and 1am now called wpon for the first time to give an opinion of its meaning with reference to a prospec- dutie: the notice of protest shall be given ‘on each entry.’ Whether these words were inserted in view of the difference between the construction given to the previous laws by the Court in this dis- trict, Ido not know; but they are significant woras, and by sound rules of interpretation I must assume that they have a meaning. and that Con- gress intended that meaning. My conclusion, that i under the act of 1864 such prospective or con- tinuing protests as to future importations are not valid and effective, and that the protest in this case does not satisly the statute, requires, accord- ing to the stipulation made by the parties, that the jury render a verdict tor the defendant.” The Rights of Citizens in Times of War-—The Case of Britton vs. General Benjamin F. Batler—Judgment for the Defendant, Yesterday Judge Woodruff delivered his opinion in the case of William A, Britton vs. General Ben- jamin F. Butler. The particulars of this case have been recently fully reported in the HERALD. It appeared that when General Butler was in com- mand of the Department of the Gulf a person was seized by the Union picket, near New Orleans, | ritory. In his possession were found checks to the amount of about $15,000, which were drawn by a firm in Natchez, Miss., upon a house in New Or- leans. The checks were seized by order of General | Bur, and the amount of them, which he received at the Citizens’ Bank, was turned over to tue government. The defendant brought suit against | ral put in a defence, claiming that in did in regard to the checks in question he | Was protected by the war prociamations of the | President aud by the operation ot martial law then in existence, Judge Woodrum, in his decision, says that it is notclaimed in this case that the firm of William A. Britton & Ci of Natchez, had apy special deposit in the Citizens’ Bank of New Orieans which could be identified ag their mouey. | At most, if any money received by that bank stood to their credit as a deposit subject to drait in the ordinary course of business that made them creditors of tie pank and the bank their debtors, It was conceded, on the trial, that in April, 1861, the firm of W. A. Britton & Co., then composed of the plaintif and Audley ©. Britton and G. W. Koontz, was dissolved by war and the departure of tue plaintif from Natchez, then within the territory of the rebels, the other two of the partners still’ re- maining at Natchez. The check mentioned in the pleadings was drawn, not on the plaintif, but by his said Jormer partners at Natchez, and for the purpose of availing themselves within rebel terri- tory of money or credit which they had with the said bank. If, a8 the plaintil insists, sueb receipt of the money was without authority or right, and it be conceded that the plaintw? can, as matter of law, treat the money thus received by | the defendant as =hia_ = identical money, | received py the defendant to the piain- uf’s use, then the act of the detendaut was plamly a wrong done by the defendant by vir- tue and under color of his authority as Major Gen- eral of the United Stats assigned to the command of the fo at New Orleans, within section 7, of the act of March 3, 1863, and as such is within the limitation of two years, within which after such Wrong the action shouid have been brought. Tue plaintul cannot by the mere form of his action do aWay with the statute which was intended to pro- tect the oflicers of the government against suits | er actions im any form for the alleged wrong un- less brought within the time limi The action Was hot commenced until June 6, 1865. Judgment must ve directed for the defendant, The District Attorney and Mr. John E Deviin ior the de 8 General Butler; Mr. Wheeler for the plain- Action Upon a Distiller’s Bond—An Ob- stinate Juror, Before Judge Woodran, The United States va, Charles Devlin.—The United States brought an action againegt Mr. Deviin upon a distiller’s bond, executed by Mr. Devlin, a8 one of the sureties, in October, 1868. ‘The proof of ‘the formal execution of the bond and that the prin- etpal had failed to pay the taxes for the moths of Bovember and December, 1868, and ganounting to over €4,000, was made, SC! 180% ‘the detence, which was conducted by ex-Judge Cardozo, proved by Mr. Deviin and Mr. Jobit { Botler, also a surety on the Lond, that the appli tion to him) was to execute @ bond as surety for NEW YORK their homes | | Purssell et al,—Finding and judgm at the oMce of Mr. Franklin, them assessor oF the Ninth distriet, and sigied a bond in blank with the understanding that it was to be fitied up with ‘the name oi Mr, Tallman as principal; that Mr. Deviim agreed to be surety tor allman only, bat that atterward the bond was filled ap in the name of one Thomas Butler as ep cord ir. Allen, the notary before whom the bond was acknowledged, would net swear but that the bond was tn blank when Mr. Devin acknowiledgd it; and Mr, Franklin, the assessor, had no recoliection of the condition of the paper when executed by Mr. Deviin, but re- membered pertectly well that Mr. Taliman was mndareiood to be the proprietor of the distillery in question, bx-Judge Cardozo asked the Court to hold that Upon the tacts shown the bond was not obligatory upon the government, The Judge left to the jury to say whether the bona was executed in blank and left with the as- sessor with the understanding that the name of Tallman was to be inserted as principal, and charved that if that were so, and the name of Thomas Butler was afterwards and without Mr. Deviin’s authority inserted on the bond, that would be a fraud upon him and the government could not recover. The jury were discharged without rendering @ verdict —11 being in favor of the defendant and 1 standing out for the government, ‘The foreman stated in open court that there was no use of further consultation a8 One disenticut juror would not be convinced. UNITED STATES DISTRICT COURT. Proceedings in Bankruptey—A Contu- macious Witness Ordered to Produce Books and Papers. Yesterday Judge Blatchford rendered a decision in the matter of William W. Hulsh, a bankrupt. This case has been before Register Willams. The assignee submitted his right to examine Daniel Adee as a witness to obtain information generally as to the estate of the bankrupt, and also in regard to his business boos, which appeared, from testi- mony taken in this cause, to in the possession of Adee, The latter reiused to be sworn, upon the ground that he is a_ receiver and as 1 an officer of the Supreme Court of the State of) York, and the! re exempt and privileged from the proposed examination under the sum- mons of the United States District Court. Mr. Samuel G. Courtney appeared betore the Register as attorney jor the assignee, and insisted that Adee should be required to produce his books and papers and be examined in relation to the same, The matter having been certified to, the Court, Judge Biatchford, decides that the witness must be sworn and submit to be examined under sec- tion 26, It must depend upon the course of the xamination as to whether any books must be produced. SUPREME COURT—CHAMBEAS. Decisions. By Judge Barrett. In the Matter of the Application of E, T. Hol- brook et al.—Report confirmed and order granted. Galveston vs. McKinley, Matthews vs. Mater, Martins vs. Whip! jermania Bank ys. Distler et al.—Motions gran King vs. Bedell. roof of service defective, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Sedgwick. Barstens ys. Baldwin et al—Motion granted. Weiss vs. Hombu.—Order denying motion, with $10 costs, to abide event. Robinson vs. Kissam,—Order of reference, The Republic of Peru ys. Rees.—Order continuing injunction, COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Larremore. Carrajal ys. Bernstein, cause must first issue. In the Matter of the Petition of John J. Rep- plier.—See memorandum, Feiten vs, Hulsted.—Motion denied, without prej- udice to a renewal of additional affidavits, Post ys. Post tion to vacate order of arrest denied, with costs. In the Matter of Reindskopf—Application de- nied. B McCandless vs, Smith.—Motion granted by de- fault. Opdyke vs. Kennedy, Hoyt et al. vs. Kiernan, Dohrmann vs, Schroder, Hart ys. Wood.—Orders granted, By Judge Barbour, New York Life Insurance and trust Company vs. signed. By Judge Van Vorst. Dewey vs. Dewey.—See memorandum on file with the papers. Maillart and another vs, settled. Harrington.—Order By Judge Daly. The Sun Mntual Insurance Company vs. Tal- mage.—See opinion in Cierk’s onice. SURROGATE'S COURT. A German Millionnaire’s Will Contested. Beiore Surrogate Robert C, Hutchings. Frederick Rollwagen, a formerly well known German democratic politician, who died a jew months ago, leit to his heirs real estate in the Seventeenth ward valued at between $1,000,000 and $2,000,000. When his will was opened his three sons, who, with the seven children of his deceased daughter, considered themselves his sole heirs, tound to their dismay that their father, shortly prior to his death, had married his servant girl, Magdalena Selinger, a woman of forty-five, and had leit ner not only his fine residence, No. 312 East Ninth street, but also one-third of the rents and income of the whole es- tate; and had, besiaes, made her, his eldest son, Frederick Koliwagen, and his two friends, Henry and George Herrmann, his executors, forbidding them strictly to sell any of his real estate during the lifetime of his wife and until the youngest | of his seven grandchildren was twenty-one years of age. Yesterday, in the Surrogate’s Court, Malcolm Campbell, attorney at law, brought suit against this will, alleging that Frederick Rollwagen, the brit tl was of unsound mind when he signed the will. The witnesses to the will are Joseph Bellesheim, No, 12 Chambers street; Dr. Henry Goulden, No, 28 East Twenty-second street, and Joun Theisz, 331 East Ninth street, COURT OF GENERAL SESSIONS. Assault Upon a Little Girl. Before Judge Sutherland, Frederick Rudolph, who was indicted for com. Mitting an outrage upon a little girl named Fitz- simmons, on the 24th of September, pleaded guilty to an attempt to commit an indecent assault, He was sent to the State Prison for three years, Burglary. William Thompson, jointly indicted with three men, pleaded guilty to an attempt at burglary in the third degree. They were charged with break- | ing into the premises of Panline Rue, No, 228 West Thirty-seventh street, on the 9th of August, and stealing four trunks containing ladies’ wear- ing apparel, valued at $2,000. Thompson was sent to the State Prison for two years and six months, A Daring Young Criminel Convicted of Stealing Diamond Rings from a Lady. Frederick Cartland, a young man, was tried and found guilty of grand larceny, Miss Annie E, Busteed, residing in Eighty-third street, testified that while she was passing throngh Twenty- seventh street on the alternoon of the 16th of August the prisoner snatched a pocketbook from her hand containing two diamond rings worth $400, two plain rings and $10 in money, She jursued him through several streets, bnt he jumped into a stage and escaped. Through the ef- forts of a detective the prisoner wae arrested two weeks afterwards, and the rings, which he had disposed of at Sparenberg’s pawn office, in Broome street, Were recovered. The testimony of the wit- ness for the prosecution showed the guilt of Cart- jand beyond the possibility of a doubt. He was re- manded lor sentence, ‘Itiree years ago he pleaded guilty to larceny in the Oyer and Terminer, and, in consequence of his youth, judgment was sus- pended, TOMBS POLICE COURT. Before Judge Bixby. Shot in a Barroom Fight. John Costello, of Fourteenth street and avenue A, and Benjamin Mallory, of 52 New Chambers street, met each other about half-past three o'clock yesterday morning in alager beer saloon, No. 45 New Chambers street. Both ef them nad been drinking freely, and a digpnte arose between them as to the ownership of sume money which was lying on the counter. ‘ihe diseussion be- came very warm, and at last ended in a personal altercation. Mallory drew a pistol from his ocket and, It is alleged, fired deliberately at Dostello, wounding hum in the neck. Costello’ was taken to the Fourth precinct station house and trom thence to the Park Hospital, where his wound Was pronounced very serious. Mallory waa taken belore Judge Bixby yesterday morning, by whom he was held to await the result of the wounded man’s injuries, The Child Kidnapping Case. Catherine Bowen, who was arrested on Tnesday by Detectives Terry and Heidelberg, eharged with kidnapping @ child, seven years of age, from No. 87 Franklin street, was taken before Judge Bixby yesterday morning. The prisoner had been ar- rested on a bench warrant isaned by Judge Hogan bout @ month ago, and was only discovered aiter @ long search. Susie Brown, the child, seemed very glad tO get back to her mother and ylaintively told the Judge how she had been ete Joho Ce ip)iman, cuat .or that purpose he atendea ogd irom the place where her motuer had placed , her to board by the woman Bowen, taken to West- chester county and kept there from the date of her abduction, waich was on the isth of August, She said that she had been trequently beaten A this woman and had often be; to be taken to her motier, ‘The prisoner, on her examination, said she was forty-five years of age and a housekeeper in West- chester county; that the chiid was her own and was born in Boston. ‘The child was given to Mrs. Susan Brown, and Mrs, Bowen was held to bail in the sum of $2,000, HARLEM POLICE COURT, The Stabbing Affray in a Ball Room. Henry Voss was yesterday arraigned before Judge Smith, at the Harlem Police Court, by Officer Tuohy, of the Nineteenth precinct. Voss, as al- ready stated in the HERALD, stabbed Morris Sol- linger, who tives at 246 East Seventy-fourth street, in the’ back during an affray ina ball room in Kast Fifty-fourth street, on Monday night. Dr. Buttles sent to Court ‘a certificate that the wounded man was in an extreme!y dangerous con- dition, and the accused was held to await the re- sult of Sollinger’s injuries. Seven witnesses to the stabbing were required to each furnish bail in the sum of $1,000 to appear when called upon. COURT CALENDARS—THIS DAY. sourREME CourT—Crecuit.—Part 1— Adjoarned until Monday, Part 2—Held by Judge Van Brunt.— Short causes—Nos, 1538, 1340, 1284, 1526, 2574, 2256, 229614, 2474, 2636, 952, 1656, 2078, 2834, 1772, 1408, 2022, 2808, 2834, 2846, 2000, 2020, 3012, 3022, 3024, 3046, 176 255254, 2606, 2710, 2806, 2598, 2912, 2964, 30004g, 3008, 8058, 3104, 3120, Supreme CourT—SpPkciaL TERM.—Adjourned un- til December. SUPREME COURT—GENERAL TERM.—NOsS. 102, 103, 107, 142, 144, 146, 40, 151, 152, 154, 155, 106, 156%, 23, 24, 114, 118, SUPREME CouRT—CHAMBERS—Held by Judge Barrett.—Nos, 20, 32, 47, 59 61, 68, 67, 72, 87, 92, 95, 104, 106, 109, 110, 114, 116, 117, 126, 180, 121, 140, 149, 157, 85, 36,'37, 77. SUPERIOR CouRT—TRIAL TerM—Part 1—Held by Judge Curtis.—Nos. 557, 661, 34343, 789, 961, 709, 719, 735, 737, 739, 741, 743, 745, 6154¢. Part 2—Held by Judge Van Vorst.—Nos, 772, 39033, 820, 608, 388, 472, 514, 610, 500, 370, 622, 626, 652, 799. Court OF COMMON PLEAS—TRIAL TERM—Part 1.— Nos. 2373, 1789, 1494, 2382, 2011, 2012, 2246, 2424, 2304, 2430, 3275, 1945, 1682, 68, 3397, 2260, 197 G17, 290, 382, 2077, 2193, 2265, 2348, 1912, 1551, 202 570, 2116, 2008, 2546, 2176, 2185, 39, CouRr OF COMMON PLEAS—GENERAL TERM.—Nog, 139, 91, 143, 15, 56, 17, 83, 38, 133, 95, IL1A, 112, 114, 116, 118, 120, 124, 127, 131, 132, 136, 137, 155, Marine Covrt—Part 1—Held by Judge Joachim- Sen.—Nos. 3050, 2426, 3328, 2680, 1564, 2836, 2364, 27 2218, 3206, 2558, 2200, 3283, 3032, 2078, 2082, Part 2— Held by ‘Judge Gross.—Nos, "2771, '8395, 2042, 2041, 163834, 2729, 3399, 2643, 2669, 2427, 2749, 2683, 2827, 2813. Part 3—Held by Judge Curtis,—Nos. 3538, 2512, 2778, 3405, 3532, 1922, 1990, 2284, 2501, 1517, 2519, 2673, 2688, 2736, 2867. CouRT OF GENERAL Srssions—Held by Judge Sutherland—Calendar tor Friday, November 5.—The People vs. George Reilly, alias Rat Reilly, felonious assault and battery; Same vs. Robert McCullum, felonious assault and battery; Same vs. Thomas Conroy, felonious assault and battery; Same vs. Walter Hill and Joun Carroll, larceny and receiving stolen goods; Same vs. Robert Saunders, grand larceny; Same vs. John Grady, petit larceny ; Same vs. John J. Boyle, grand larceny; Same vs, William P. Rads, embezzlement; Same vs. Herman Schwalin, embezzlement. BROOKLYN COURTS. UNITED STATES DISTRICT COURT. Interesting to Seamen, Before Judge Benedict. Judge Benedict has decided that in all cases where sailors have been paid off and their wages settled before a United States Commissioner, said sailors shall be compelled to give security Jor costs in linelling a vessel, This decision was caused by a question which arose during a case recently tried. SUPREME COURT—SPECIAL TERM. Decisions. By Judge Pratt. E. A. Bedell vs. C. W. Bedell.—Oral argument ordered for first Monday in December, 1873. . E, Coleman vs. ©. H. Weygart.—Motion granted so far as to allow $75. M. Gallagher vs. J. Alburtis.—Judgment for plain- tif. See opinion with Justice. The People vs. Bergen.—Stay, a8 far as taxes are ordered, to be paid for twenty days, to enable de- fendant to recover money as suggested by General Term; but no stay as to payment of fine imposed. Order to be settled before any Justice. B. Shaler vs. W. Alden.—Stenographer’s charge for summing up is not a proper charge. much of $231 as is for this to be stricken out; bal- ance allowed, bill to be retaxed before this Court, A. G, Jennings vs. H. P, Waring.—Motion denied; $10 costs, with leave to renew. See opinion with Justice. By Judge Tappen. Lomhold vs. Hulsart.—Relerred to J. ©. Shep- pherd to compute. 4 D. ae vs. G. C. Johnson.—Publication or- lered, U. G, White vs. G. Holdrich.—Stay vacated, $10 costs. In matter of petition of M, Cooley. Order for accounting. porenitee vs. Bendall.—Adding parties as plain- Matthews vs. Wells.—Amending summons. Ciark vs. Bennott.—Motion to amend complaint denied. Uosts to abide event. Continental Insurance Company vs. Telgen- hauer.—Referred to 5. W. Sett to compute amount, Judgment to Sheriff to sell. Hamilton administrators Fireman’s Fund In- surance Company, consent to discontinuence. Silver vs, Lewis.—Referred to H. H. Perrine to commute, Van Nostrand vs. Churchtll.—Sheriff to sell. Blanodt vs, Vols.—Judgment. Carey vs. Hyatt.—Referred to G. G. Barnard to compute. Mosier.—Judgment. Robert Carpenter vs. Cochrane to sell. By Judge Gilbert. In the Matter of Petition of B. G. Bradley.—Order amending title. Purdy vs. Sistare.—Opening default and ordering cause on Special Term calendar. Barnes vs. Ruchs,—Application granted. Snare vs. Brown.—Judgment amende Dana vs. Waggoner.—Motion to increase judg- ment, SO as to include assessment denied in costs, UNITED STATES SUPREME COURT. WASHINGTON, Noy. 6, 1873, No. 71. Northwestern Union Packet Company vs. McCue, Administratrtx of Patrick McCue.— Error to the Circuit Court for the Eastern District of Mis- souri.—This was an action to recover damages for the death of a husband through the alleged care- lessness and negligence of the agents of the com- any employed in navigating the steamboat War Eagle, on the Mississippi River, between Dubuque and St. Paul. The derence was that while the boat was lying at Pratrie du Chien McCue was em- ployed for a short time to assist in carrying on and of freight, and that while so in the eee of the company he was killed by accident, and that these facts absolve the company from liability, The evi- dence showed that McCue had ceased to labor, and had gone on board for his pay; that, while leay- ing the boat, the gang plank was pulled from under his feet, and he was killed as the result. The Court left the facts to the jury, and they found for the plaintiff below. It is there con- tended that McCue was in the employ of the com- pany until he left the boat, and that this wasa question of law for the Court to instruct the jury concerning, and that it was error to leave it to the jury a8 a question of fact, On the other hand, tt is claimed that when he ceased to labor McCue ceased to be an employé of the company; but if not, he was still entitled to recover—first, hecanse one employé can recover of the principal or em- loyer damages for injuries to his person resulting From the negligence of another employé; and gec- ond, because McCue was engaged in a special ser- vice, and was not employed general with those through whose carelessness Bont is life; and third, it is contended that theCourt properly sub- mitted the question whether the deceased was an employé or not to the jury. G. W. Lakin for plain- tuff in error; M. H. Carpenter for defendant. No. 68. Railway Passenger Insurance Company vs, Ketcham, Administrator—Error to the Circuit Court for Missouri.—This is a suit on a railway insurance policy issued 12th March, 1867, at Her- man, Mo., to one Blair, intestate of the defendant in error, lor $5,000, tor three days, Biatr started jor home (St. Joseph, Mo.) on @ train of that day, a8 Was shown on the trial, and, upon crossing the Osage Bridge, stepped upon the platform and was geen to fall ia Consequence of a sudden jerk of the car a8 it reached the bridge. 1t was also shown that no man could fall from the bridge into the river without losing his life, and that his body would be dificult to find on account of the drift wood under the bridge; also that he was nover seen afterwards and that there were no causes for suicide, and that his hand bag was found at the western terminus of the road. On these facts the Court left it to the jury to say whether the fail oc- curred, and, if it did, Whether it was an accident, and the jury found both questions in the afirma- tive. The company introduced no evidence, but, claiming that the facts did not warrant the con- clusion of the jury, appealed, relying upon the ex- ceptions taken to the ruling, They do not appear here, and the defendant insists that the writ of error was taken for delay and asks the penalty in such cages—ten per cent damages. Thompson, Pollard & Judson for delendant; piaintil not ap- pearing. No. 72. Marray vs; United States—Appeal from the Circuit Court for Wisconsin.—The bark Mary Merritt was seized at Milwaukee for an alleged violation of the act of 1817 fostering free srade with such nations as adopted a similar measure, The act provided that no importations shouid be made alter September 30 of tnat year, except in vessels of the United States or in such for- eign vessels wholly belong to the citi- zens =o subjects of the country of which the goods are the growth, production 866, 2324, 1 F3 2 or manufactui from which {mpertations ‘only be 08 tee ped for it usually are first ‘transportation; provided that the regulation shall foreign nation Which has not adopted and which shali not adopt @ similar regulation. A violation was punished by forfeiture. “The defence was that neither the British government nor the Dominion of Canada, from which the importations (lumber) were made, pac accpied any regulation similar to that con- tained the section quoted; and that they were therefore within the proviso to the act. The Court sustained exceptions to this plea and also Jorth that like trade and trafic ions had long been carried on tation by the customs officers, and that the decree was for’a forfeiture. The vessel (built in Canada) at the time of the importations belonged to citizens of the United States, and, though formerly owned by British subjects, became bred | esa a subject of the realm dnding the It is here insisted that the vessel was within the proviso, and that the ruling of the Court sus taining exceptions to this plea was error. W. J. Emmons for appellant; Attorney General and Solicitor General ior government, BOARD OF POLICE JUSTICES, Meeting of the New Board Yesterday— Preparations Made for Its Future Gov- ernment. The second meeting of the new Board of Police Justices was held yesterday, at noon,.in the Judges’ room of the Special Sessions, Judge Mor- gan in the chair, Atter the minutes of the previous meeting were read and adopted Judge Smith moved that a com- mittee of three be appointed by the Chair to pre- pare rules for the Board and report, ‘The motion was seconded and carried, The Chair then appointed the following commit- tee :—Justices Smith, Sherwood and Kulbreth, Judge Murray then arose and said that on mak- ing the assiguments the chair has forgotten to as- sign any Justices to Yorkville. Judge Morgan—Well, on account of the injunc- tion procurred by Judge Coulter, we thought it better to wait until the matter has been decided in the courts. Now, gentlemen, I wish to call your attention toa fact that is patent to all of you, and that is that the different police courts are ina very dirty condition and none of them have the comforts, appurtenances or requirements which are necessary lor the proper discnarge of business, Judge Smith—The Court to whic 1am assigned in Hariem is damp and unheaithy, and the prison connected with it i8 in a very filthy condition. There is no stove in the court room and no coal, In signing the necessary papers 1 have been com- pelled to keep my overcoat and gloves on. I move that a committee of three be appointed to make an investigation into the condition of the different court rooms, and to wait upon the Comptroller and ask him to furnish the necessary supplies. Judge Flammer—A committee waited some time ago on the Comptrolier, and he promised io do what is necessary. Judge Smith—Well, there is a great deal of red tape about that office, and I think that a commit- tee had better wait on him again. The motion was carried and Judges Smith, Wan- aan and Kasmire were appointed as the com- mittee, Judge Murray—I move that as no assignment has et been made of Judge Wandell, that he shall sit in Special Sessions in place of Judge Otterbourg. The Chair said that it would be better to wait for a few days until the question about Judge Coulter was settled. Judge Murray then withdrew his motion, Judge Flammer—We have no clerks at Essex Market, and we have pressed the interpreter into service as a clerk. Mr, Dimond, one of the old clerks, has kindly offered his services, and it is necessary that some action should be taken in this matter immediatety. Some little discussion took place, and, on motion of Judge Smith, the meeting adjourned subject to the call of the Chair. THE DOMAIN OF DEATH. Terrible Two Months of Life in Shreveport. Mr. William Barnard, formerly of Cincinnati, and now manager of the Western Union Telegraph Company’s offices in New Orleans, came to this city yesterday, direct from Shreveport, La. He was there during the whole of the epidemic, and gives to.tne HERALD the following account of the suiferings in that pestilence-ridden city :— Shreveport hes north and south along the Red River, and, before the days of the pestilence, num- bered 11,000 inhabitants. The fever broke out op August 28, It became an epidemic about Septem- ber 4, and 8,000 of the population at once left the city. Since that time Shreveport has been quarantined in every direction. Maila for Texas are lying there which should have gone forward two months ago. The lowest mortality on any day of twenty-four hours was three and the high- est thirty-six, Up to October 25 there had been 720 deaths. HOW THE FEVER CAME TO SHREVEPORT. The cause of the yellow fever epidemic is not at- tributable to the Red River raft. Not a single case of fever or any other sickness occurred among the 140 men employed by the United States govern- ment in removing this obstruction to the upper Red River navigation. This fact in itself puts a quietuson the theory of several scientists. The causes of the fearful epidemic, after the appear- ance of the disease, are to be found in the filthy condition of the city andin the drying up of the swamps and morasses in the suburbs, producing the malaria. ‘The virulence of the contagion is directly attributable to the skinning of 200 car- casses of dead cattle and their subsequent putre- faction on the river banks, about two miles below the city. A steamer loaded with cattle sunk at that place and the negroes towed the dead animals ashore, where, alter being skinned, their carcasses were left to decompose, A southwest wind, which prevails during much of that season of the year, carried the stench which the burning sun created into the city. Tnis prepared the air for taking the infection, The first case of the fever, however, was brought from New Orleans; but, under the influences mentioned, it resolved itself into the most virulent typeof Mexican black vomit, The percentage of deaths at the most vio- lens period of the pestilence was 95 out of every 100, Sixty per cent was about the average, but there were never less than 40 deaths to every 100 persons attacked, HOW THE FEVER CAME TO THE INDIVIDUAL ‘The symptoms began with a violent pain the head and shoulders, Heavy aches and numbness then attacked the bones in the limbs. The fever then set in and the pulse rose to 120 to 140 per minute. The crisis of the disease arrived in about tnree days, When the fever left the patient; tnen, if the Kidneys could be kept rignt, the case was @ hopeful one. All of the deaths occurred either from black vomit, which is the complete putrefaction of the stomach, or from the entire sequestration of tle urinary organs. There was hardly a case of the disease where the catheta did did not have to be resorted to. The period of the disease was in cach case owing to the constitution ot que patient—the strongest did not survive a week. The THE MEDICAL TREATMENT. The treatment was simply a hot mustard bath, with castor oil as a cathartic, Calomel, the old Specific in this disease, was entirely discarded. ‘ear killed a great many. Recovery in the best cases Was @ matter of coolness, constitution and good luck. The shortness of the supply of nurses prompted the organization of the Howard Associa- tion in Shreveport, Mr. L. R. Simmons being chosen President, The President of the Associa- tion in New Orleans, Mr, KE. F. Smith, came at once to Shreveport with nurses and physicians, The deaths among the nurses did not exceed five, ‘The greatest mortality among any one sect was in the ranks of the Catholic clergy. They were very faithful in their ministrations on the sick and the dying. The Protestant ministers were equally fearless of death and just as indefatigable in the discharge of their sacred duty. The telegraph operators were the next heaviest sufferers in pro- portion to pumbers, jour out of six falling victims to the terrible disease. THE FORM OF BURIAL. There was no such thing as funeral services at the churches or at the graves, Kvery place of business was closed except the drug stores and liquor saloons, The churches were closed, The jormalities of burial were very few. ‘Ihe deaths were reported to the Howard Association, which at once detailed workmen to dig the graves. ‘The comin was taken tothe sidewalk infront of the house. ‘The corpse was brought trom the house, put into the box and, after being closed up, the casket was placed in a wagon and driven ata gal- lop to the cemetery. There It was deposited beside the undug or only partially completed grave. The wrave digger was left alone with the corpse and his cits. He got the box into the grave as 1, The cemetery, and especially the id, looks like @ battle field with its newly made graves, HOW THB DISMAL DAYS PASSED. There were no hearses to convey the bodies with some show of decorum to their last resting places, No mourners followed the corpse to the grave, Those who would have wished to go to the funeral of @ iriend were required at the bedside of a dying wife or cnild, ‘the sick monopolized the attention of the living; the dead were regarded as beyond all the help of love or affection. High and low, rich and poor, were buried alike, Whole families were swept out of existence—not a mem- ber left, There are 120 litte orphans who have lost both father and mother, They will be raised by the State of Louisiana, The fever virtually terminated on the 26th of October, when a heavy frost chilled tho atmos. here, and by stiffening up the ground stopped he formation of the malaria, Regarding mysell I can only say that I never have had tie fever, and prior to going to Shreveport as A volunteer I never had seen a case of the disease, THE NEW PARK THEATRE. The reason that Niblo’s Theatre continues to be 80 called is because Niblo has nothing to do with ite So the Fifth Avenue Theatre ovtains its name from the fact that it is not in Fifth avenue, and the New “Park,” which Mr. Pursell is erecting on the core ner of Broadway and Twenty-secona street, bi; no more connection with a “Park” tham & man has with name he bears, the godfather wh We paid an extra visit to this new building now in the condition of Skeleton, The outlines of the theatre aro visiblog and resemble the European rather than the Ameriq can system. The plans and designs of the theatr have been furnished by Mr. Boucicault, unde! whose inspiration Mr. Diaper, the archi tect, 1s building the auditorium and Mri) Schonberg is erecting the stage. The proe gress of the building was arrested a forte night ago. During the absence of the ‘“‘masteR spirit of the English stage” the tiers of boxes had been put up, but on his arrival he ordered them all down again, He pronounced the lines of sight to be wrong, so the joists were all withdrawn irom the walls like so many uneven teeth and Tegulated otherwise, tron columns were throwmw out, others cut short, and a general “cussedness#’% prevailed until things were inclined and settled down to the satisfaction of the aloresaid “master, spirit.” Mr, Boucicault’s design differs mae terially from that of any other thea tre in the city. This proscenium =i & structure independent of the auditorium, Greek in order, and upon it is concentrated all the gilding and briiliancy of the house, The audito- rium is subdued, the white and gold prevailing in other theatres being eschewed, Instead of plas- tering the walls and painting them in distemper the decoration consists of satin laid on frames, or, as he would say in his own national vernacular, vhe walls are “papered with satin.” By a new’ system of lighting the jets o/ gas are out of sight; the walls are turrowed from bottom to top With: flues which carry off the products of combustion and ald in ventilating the house. The ceiling seems to be quite a novelty. A large semi-circular orifice is provided in-the roof, Surrounded by @& low white marble balustrade above this oritice a lid 1s suspended, covering its entire space. This: lid when raised a little admits a ventilation over, the entire ceiling, fifty feet across one way byi twenty-four feet the other, When allowed to de! scend it closes the ventilation, The under side of this lid forms the ceiling, and is painted a cool, blue sky, ireckled with stars, No new system of stage machinery has been ad- mitted. The prompter occupies the position usual in the French theatres—facing the actors, and be-- side the leader of the orchestra, instead ol, a8 We prnereny have him, at the side of the curtain. there will be tweive private boxes on the prosce- nium, which may be turned into six donble boxes by movable partitions. The two balconies and the parquet floor will be furnished with seats precisely simuar in comfort, no distinction whatever being made between one part of the house and another. The price of admission will be, uniiorm—$1; first come, first served, Mr. Bouck cault states that the form of proscemum he hag constructed is the result of many years of experimental study, and he is confiden the slightest whisper uttered at the back of the stage will be plainly heard all over the building. The frontage of the theatre is on Broadé way, midway between Twenty-first and Twenty second street; it is eighteen feet wide in the clear, and being only thirty feet irom the auditorium if aflords the most immediate, ample and easy exit off any theatre in this metropolis, The situation unrivalled, being in the very heart of the city, an easily accessible from every quarter. To obviate the casualty of fire the workshopa of the carpenters, painters, gasmen, property men and all the magazines are not allowed in the! theatre, but are carried on outside in a factory’ devoted to their business, and every gasburner 1s protected, like a Davy lamp, with a wire gauze’ shield. * So much for the body of the Park Theatre, which will be under the general direction of ita lessee, Mr. William Stuart. The character of the en= tertainments will be comedy and comedy drama— what the French call “drame intime.” Mr. Bouci- cault desires “to go for’ that large, quiet, re spectable and domestic section of our community, whom, he thinks, require what he calls a family theatre, where the perfomances are expur- gated and rendered free from objectionable subjects and dialogue—such a place 0! amusement as a mother of a family can allow her daughters to frequent with confidence, that they will hear nothing they may not repeat nor see anything they may not recall and converse about freely. All this promises well. There 1s room for such @ theatre; andif such promises be kept im good faith, we shall say, with Rip Van Winkle, “Here’s its good health and its family’s, and may it live long and prosper.”” THE EMPLOYMENT SWINDLE. Four Hundred Dollars fora Responsible Position, with No Salary—Fifteen Dol- lars a Week That Was Never Paid—Thoe Modus Operandi of the Cheat. On Wednesday Andrew Henry Wallen, of No. 401 West Nineteenth street, came before Judge Bixby and stated that he had been swindled out of $400 by a man named William Salem, of No. 1,269 Broadway, and asked for a warrant for his arrest. According to the statement made to the Judge by Wallen, he had been the subject of a most infamous swindle by Salem. He said that, on the 18th of last August, an advertisement appeared in one of the German newspapers of this city for @ man te take charge of a store, Wallen answered the advertisement, and on the following day the son of Salem called on him at his house and said that his father wanted to see him at his residence, No. 338 East Twenty-cighth street. Wallen proceeded thither that evening and saw an elegant mansion. He rang the bell and wae ushered into the parlor, MR, WILLIAM SALEM INTRODUCED HIMSELF to the applicant for the situation as a trustee and agent oi a shipping company and wanted a smart, energetic young man at his place of business, No. 1,269 Broadway. He wanted him to act as collector of the house, whose collections would average about $1,200 a week. Salem told him incidentally that he owned the house No, 338 East ‘I'wenty-eighth street, and was agent of the Tivolt beer and did a large wine busi- ness at a store in Broadway; that he was agent of the Globe and Germania Insurance Company and was agent of the Norwegian and Southampton Steamship Company, and that, having so many re- sponsibilities, he would be compeliec to look om Wallen as a confidential clerk, and would re quire $400 as security from him, Salem generous!; agreed to give Wallen $15 @ week, and would ad- vance liim us his services became more valuable. Dazzled with this prospect Walien gave Salem $200 at this time, and received irom him the following receipt :— Avaust 18, 1873, Received from Mr. Andrew Henry Wallen the sum ot $200 security for the faithful Reo of his duties and for the just accounting of all the moneys received by him on account of Shipping and amnorting Company, days nodes ie weldug Deine elven toni companys YS! NoMCe MTPPING AND IMPOWTING COMPANY, By WILLIAM SALEM, Trustee and Agent. Wallen was duly installed as clerk at No. 1,260 Broadway, and had several! conversations with his. employer, in which Salem referred to houses and. lands owned by him on Staten Island and else- where, and the improvements he was making, 80 that Wallen became convinced of his great wealth, and on the 238d of August gave him $200 more, making $400 1g all, which composed the full amount of his savings for two years, At the time that Salem received this money he promised Wallen a check on President Buckmets- ter, of the Oriental Bank, and a note payable om demand for $200; but he never got the check, nor was the note ever paid, Wallen went to work at No, 1,269 Broadway, an@ remained there for four weeks and three days, during which time he never received his pays although demanding it several times. At last, after a great deal of persistence, he received from Sale 5 and a notice of discharge. Wallen, the complainant, says that during the time he was there @ man was discharged and another, named Henry Mann, employed ata salary of $100 ‘week, who gave Salein $100 security, and who has also made @ complaint, Wallen also asserts that during the period of his employ he never saw any customers there except creditors and deputy marshals. Belore he lett he demanded the mouey deposited, but was retused and told to gue for it in a civil court. He has instituted a suit before Judge Wiliam Kane for $400, a8 well as the criminal suit before Jucge Bixby. On the above complaint Justice Bixby granted a warrant for the arrest of Salem, which was placed 8 of Detective Hay, of the Twenty-sixth. precinct. Salem wus found without dimeulty at his residence, and, on hearing of hus arrest, sat he was too sick to leave the house at present, A police surgeon w yrought there, who certified that he was too sick to be removed, and the officer remained in charge of him, He will probably be taken to the ‘Tombs to-day, or ag soon as the police surgeon in question considers him fit to be removed, ‘FIRE IN AVENUB A. A fire broke ont yesterday in the basement of the building No. 34 avenue A, that caused a damage of about $1,600, The place was used a8 a second hand furniture store, and the stock was damaged to the extent of $900, Insured for $1,000 In the Seaman's American Insurance Company. George Grunewold, who occupied the first floor, suffered @ loss of $100, Insured for $1,500in the Republic. ‘The building was injured to the extent of about 300. It belongs to F, B. Enring. Mr. Ethel, who occupied the main part of the house, Was seriously injured in endeavoring to put out the bro