The New York Herald Newspaper, November 14, 1873, Page 8

8 NEW YyRK HERALD, FRIDAY, NOVEMBER 14, 1873—TR PLE SHEET py aan T , treatment he had meted out to this old gentle” f A pega HE Cc (e) UF ite iewae The Jory woald, 20 C00 lone Iethy | PUnet ot Ontoues tals granted: and the derendant rf s arooren. Politics had notbine ‘brutal hand of | may, within five days, Mle the case as settled on pay: : Tie leaned Judge who preside «f0 do with the case, | meut of $10, ousts of this motion. Hin ability and impart Would discharge Ronit ihe init are oA, guetta Re SUPERIOR COURT—TAIAL TERM—PART |, ent he —THIAL The Suit Against » n Ex-Assistant Sec- Aso the dams <4 uuder the order that Mire, | Stage Acetdent and Claim for Heavy : 4 - Tet" ary of War. RO* es wzWEIG SET FREE,; The Case To Be Brought Before. the Supreme Court at General Term. The long agony of gétting a jury in the Tweed case is “nally ended. After another day of the same old round ‘ot questions to the Tew panel, which had been sum- snoned for the purpose of filling the two seats remaining vacant yesterday Morning, the two required jurors were at length obtained. The last juror took his seat at half past three o’clock—a consummatien that brought general welief to everybody, tor the day's proceedings had been unusually tame, and with no eptsode to relieve it of ‘its heavy dulness At the completion of the jury Mr. Wheeler H. Peckham opened the case for the prosecu- tion, He spoke nearly two hours and will finish this morning. He showed the alleged processes of raised mi human liberty. iriend ot the’ been this ca: nd the jury th: / PEY were here assessing the price of «€ he could point them to some dear ‘dor upon whom this toul wrong had 4@, then, indeea, he mi hope to bring « fertously home to the consideration of the Jur: vi imagine themselves in the position, of this ofd tieman, who was suspected ?% dark, brooding ‘grain of Edwin M. Stanton to bave been implicate ‘The Assassination’ of that great and good man, Mr. coin. Yet there was not a particie of proot in the ai chives of the government to support such @ gross imputa- tion, With brutal ferocity he was deprived of the minis- trations of his dear daughter, and flung into & toul dun- eon, where he was confined for months, obliged to en- ure'the beastly scenes mduiged tn by th ; whom he was incarcerated, Ihe learned counse &n eloquent picture of liberty. He adverted to the ul ich had been described by @ writer as a Place Where the gtrocities of # corrupt and cold waded aristocracy had been executed, An old, ina ‘was con! forty-seven ye Tald something odensive to that lustiul tyrant Louis XV, who had dishonored the wives and daughters of French Citizens, Yet there was not even this excuse for flinging Mr. Lamar inte prison, There was Rothing ainst him Dut the suspicion of Mr, stanton. Counsel closed with allusions to the liberty that had existed in Rome ani Greece, contending that if American citizens became unmindful of the freedom they enjoyed, or put up with Acts of oppréssion, their country would surely meet the fate of ancient nations that had failen into decay owing to their indifference to the principles of liberty. Ata quarter past tour o'clock the Court adjourned to this morning, When the case will be submitied to the jury. ROSENZWEIG FREE. din Lin- “ars because he had bills and forged vouchers, through which it isclatmed Mr. ‘Tweed and bis ring associates transferred so successtully from the city and county exchequer to their ewn pockets #0 many millions of the people’s money. Judge Davis, Wefore adjournment, renewod his caution to the Jurys against talking about the case ‘to any of the officers acy * eompanying them or allowing any officer to broach the * topic to them. If any officer should be thus derilect/he asked that he be reported, and he said he would sendyhis, “ease to the Grand Jury at once. fi Yesterday Joseph McClelland and Julius Clonene/ sea- ‘men belonging to the American schooner Snow Hake, Were held by Commissioner SMields to answer aghérge ‘of matiny and disobedience of the orders of the Captain, On the complaint of General H.C. Harmon,’ special went of the United States Treasury Departmn¢nt, Theo- @ore Van Branson was held for examinationt by Com- missioner Shields on a charge of having attempted to bribe a witness in the case of the United/ States va,, Gustave Hubner. Bail was given by defendant, F Yesterday, in the United States District Court, before Judge Blatchford, in the case of the United Statedsvs Gustave Hubner—which was an action to recover mgney ebtained on alleged fraudulent bounty clgims—the fury, by direction of the Court, found a verdictytor the gqvern- ment for $1,300. The sult brought by Oharles Guidetjugainst the city for pay tor paving First avenue nas/ resulted, in the Comptroller having to pay the full amount «laimed. Mr. Guidet’s original bill was $62,612°85, and the Comp- troller had to pay in the way of interest and cists an ad- ditional sum of $9,861 83—another instance offwhat Mr Green's litigation costs the city. CHARLES A. DANA. ® f Whe Action for False Imprisonment Against an Ex-Assistant Secsretary of War—The Judge Asks Some ]{mportant Questions Concerning the; Military Powers of the President. the further hearing of the case-of Gazz: way B. Lamar *vs. Charies A. Dana was resumed yesterd ay in the United ‘tates Circuit Court, before Judge Nat) ianiel Shipman rand a jury. Ex-Judge William D. Shipman and Mrj McFarland ap- peared as counsel for the plaiatiff, and U pe District Attor- mey for Mr. Dana. ARGUMENT POR THR DEFEND ANT. The District Attorney continued his ‘argument on be- half of the defendant, He contended t! pat the President's power, as Commander-in-Chief of tlie Army, indepen- dently of any particular Jaw, gave hina authority to issue this order tor the arrest of Mr. Im@mar. The laws of peace and war could not exist togegher, Counsel cited weveral cases to the Court, conten ding that the Com- mander-in Chief was the best Judite of how the war should be carried on, and that he vas also the judge of ‘the propriety of arrest and impriso pment, as a matter of military necessity and precaution. The Judge—Is i not stated somev/here in the author!- | ties that the Commander-in-Chief qannot use martial law for the purpose of oppressiont ‘The District Attorney—if no good faith is observed. If ‘it is pretended that a man did so and #0. when, in point ‘of lact, the Commander-in-Chiet has no such belief, that, 1 think, presents.a different question. The burden is on the plaintiff to show that the Commander-in-Chiet did not actin good faith. The Judge—Suppose the jury should find that this act was oppressive in fts character without reasonable cause, would the order of the President, in the absence Of the statutes, justify the act of Mr. Dana’ ‘The District Attorn: i be ask P. Wood, who would plain committed to the old Capitol Prison by order o! f Mr. Stan- It was only to-day that this evidence had come to wou. his knowledge. Mr. WeFariand objected. The case had closed on hoth ides, and he had supposed that bis learaed friend was oi final argument. The District Attorney—I am making a motion tothe ‘Court to direct @ verdict tor the defendant. pos Judge—i mast adhere to the ordinary rules govern- ce will case of thiskind. I deny this motion pro forma. lay my views of this case before the jury, 80 that ‘counsel on both sides may be able to take advantage of wy charge. Hise beret Attorney took exception to the ruling of » the Court, and having briefly adveried to the facts ot the case, concluded bis argument by stating that if the plain- tuff succeeded in getting damagés they should not be, in view of his past life asa supporter ut the Confederacy, anything at all like what he claimed, he plaintiff. 3 one ot the ri on a private fitizen by any government in all-the tide of time. Yet they had heard it discussed by the counsel for the govern- ment as flippantly as if it had been an action of trespass on @ cabbage garden by a neighbor's cow. His pivotal and cardinal proposition was that under the constitution of the United States of America, thanks be to God, no American citizen, whether he lived at the North or the South or the East’ or where the sun seemed to set in the ocean, could have a hair of his head injured or a cent of his property taken except it be done according to well defined principles of law of some kind, whether it may military law or martial law, civil law or municipal aw, but it must be law of some kind, clearly defined, susceptubie of adjudication, and recognized b¥ Courts and by all civilized nations. Iftheywere not livin under such a 1aw, they were unrecognized by law. a living undera despotic government. The plaintif was Brrestec under Do law. There was no pretence that he had committed any offenc inst military law at Sa- vannah. The confederates had exercised against then the rights of belligerents, He read from Protessor Wol- sey’s book on “International Law,” to show that persons who took no part in war were to be protected. The Su- preme Court of the United States had, in the most ex- Press manner, and in the most emphatic languay ized and eniorced the humane principles of inte taw as laid down in the work of Professor Wolsey, “Per- «manent military occupation drew after it full measure ‘of protection to person and property consistent with the hecessary subjection to military government.” That Was the language of the Supreme Court of the United States in the Venice case, reported in the second of Wal face. | Asfuming that the civil oourts were not open in Savannah at the Lime this man was arrested, it was, if ¢ government saw fit to inaugurate auch’ a policy, within their power to establish provisional courg. fot the trial of any offence there pitted, 80 that look ing at this case, in any point of view, from any stand- Point that the mind could take, there was no excuse, Qo shadow of legal authority’ for the act that wad fone. The plaintiff sustained no relation either to military or to martial law, While the government of the United States stood to ‘him in the double capacit: of ppovereign and belligerent, yet ini lig erent capacity it conti not, under the law ‘of the land, of which the law of nations was an integral Portion, exercise against him any other act but that Fecognized by the Taw of nations, which was a part of She municipal law, and which emabled the government Pi the United States to permit this old man to remain in Savannah under the law martial, so long ashe obeyed f, Grders of the military commander from time to tine. is Honor had asked him Whether the President of the § 5 ‘at clause in the constit bin Commander.in Chiet of the army act ly overlies: mn obrtacles, all the ordinary and ‘uehat arenes ott Praeeren and project his own will over and into the geant, hacrest ann, army of occupation, and say to a ser- Hand tome, at Washings citizen Gazeaway 8 Lamar.” That war ie ionors | une Judge—The Pi reaeo ie Judge—The President hi 1 Delfeve sna Me. Lamar ought Nope arene : va : anlete . he had commitued d States; that c " murder of w soldier of the United” Statee. en ited the hy Deen engaged in blockade runnin the pay or under the commant A the Comes een Ae ernment; that he had been geuerally a diswvat citon and guilty of various acts of disloyalty usual lo persona dn that vosition—he answered no. The J'resihent ot the hited Stated Was a civil magistrate in his geversl <apacity—a man who never set a syuadron in tho held and knows as much of military affuirs as a spinsier’ Counsel answered that this was an Gent nad never, before done. h to i¢ cause to | | treason = act that the Presi- It Jed to the buss bofore been invoked, ape in one to, ‘#1 authority, ad never never eught be exercised. no of the cases involved directly in, of collate any question germane to.this case had itever been by Court or counsel that this authority ever existed, n: hadsuch act been sought to be de: The exercise of such authority on dent would be executing no law of an, name it may be called, but would his own arbitrary, might be one thi after breakiast, anothe: fore d. the evening, and the li American Gitizens would then e more varying, uuregul President, one f nd we, {tan whose W © part of the Presi y kind by whatever be simply éxeouting eccentric, uncontroll ing im the morning, nner + another thing dd another td of ir fresid i would The Judg suppose the President tesued an order, Which ‘ Fah we ee Assume to be oppressive, ia Mr. Mr. MoVariand—Mr, Dent ay (yeaa, Of ie 0 ne "dower of tesutng the orien ey pa} learaed vevotieman then a of lem, contending that it was hts of citizens could not be OX post facto |i w, th a, ert. he one mae bere w 6 Mr. er, ant at this’ was an action hy ken ‘Attoruey th y nd o an a& tio Roa given againut the: might not yay theea. 1a the of his paper arding. the “inestimable ae Sait iceouse tae 7 Hoa ys beep Uizeatsnea wand Ls The Abortionist and Murderer of Alice Bowlsby Discharged—The Case to be Brought Before the General ‘Term. At the opening of the Court of General Sessions yester- @ay morning the never-to-be-forgotten case of Jacob Rosenzweig was again called to the notice of Judge Sutherland by Mr. William F. Howe, who moved for the prisoner's discharge. Assistant District Attorney Russell, on behalf of The People, asked His Honor to hold Rosenz- ‘weig until he could apply to the Supreme Court for a stay of proceedings, as it was Mis intention to carry the case to the General Term. Mr. Howe claimed that His Monor was powerless to act in the matier, except to order tbe prisoner's discharge, | ‘as hig opinion, which was now on file and a record of thé Court, sustained jal plea. Mr. Ira Shafer also argued to the same effect, and insisted that the Assistant District Attorney's motion could not be entertained. Mr. Russell then said ‘that the matter was not properly before His Honor, as the prisoner was notin Court, Mr, Howe stated that he had anticipated that Rosenzweig would not be in attendance, so he had taken the precau- tion to be prepared, and had applied for and secured a writ of habeas corpus, which was then returnable and wich brought the prisoner properly before the Court. That objection jisposed of he insisted om renewing his motion for ZW eig's aiscnarge. Jodee Sutherland, in reply, stated that he was about to remark that he would be happy to hoid the prisoner, if justity that course, but the District Attor- ‘to answer the special pleas intere Howe, and so, under the circum- he must ‘order the prisoner to be set atliberty, He would not allow himeelf to be swervea from nis strict duty by public opinion or popular clamor, ‘but would act only a8 the dictates of his judicial mind ‘warranted him. [t was no fault of his that the prisoner escaped through this great lexal error it was the action of the Legislature, and he was bound to apply the law.in the premises and order the discharge. At this announcement the wife and daughter ot Rosen- zweig grasped him fervently by the hand and farly smotheFed him with kisses, and after cordially thanking the couusel, they hurriediy left the court room accom- panied oy.a host of friends. BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT. Intportant to Billiard Players. Before Judge Blatchford. Levi Decker, a billiard table manufacturer, ‘took pro- ceedings'to enjoin billiard players and others from using tables having what is Known as the patent wire cushion of Matthew Delaney. The Delaney cushion had been very extensively introduced and the several parties using it were made parties to the suit of Decker, among others, Albert Garnier, the champion player, and Cyrille Dion and the proprietors of many of the leading billiard resorts throughout the city. The application for the in- Junction was very urgently pressed on the partot Decker, counsel contend in; at the patent of Decker, taken in 1856, covered the Delaney patent. The hearing in the matter occupied several days. The patent of Decker had been previously sustained by Judges Blatchford and Woodruff, but defendants’ counsel in this cave produced conclusive evidence, not presented in the previous cases, showing that the Decker patent could not be made to contro! the Delaney cushion, and Judge Blatchford yes- | tenlay denied the application for the injunction, leaving the players and the fraternity to continue in the use ot the Delaney patent as they choose. Abbett & Fuller ap- | peared for Decker and E, N. Dickerson and C. C. Bea. | mav for the defendants. SUPREME COURT—TRIAL TERM—PART 2. Before Judge Van Brunt. In August, 1869, Edward Healey, while passing through Forty-third street, between Tenth and Eleventh avenues, fell into a cellar being dug for a new building. Hisspine was badly injured, disabling him trom work. He charged that the accident was caused by the imperfect condition of the sidewalk, and brought suit against the | city, claiming $10,000 damages. The defence was that Healey was intoxicated, and thus fell into the cellar. The result of the trial eherrg , Which shows that the de- fence was considered rather thin, was a verdict of $3,076 SUPREME COURT—CHA MBERS, for Another Alleged Bogus Child Case. Before Judge Fancher. In the matter of the estate of Prederick Rollwagen, a German millionnalre, who died in this city about a month since, Mr, Malcolm Campbell, as counsel for Samuel 8, Browning, @ grandson and heir-atlaw of the deceased, yesterday made an application before Judge Fancher, at Supreme Court, Chambers, tor a writ de ventre inspici- endo—a peculiar and novel procedure so far as this conntry is concerned—It being conceded that there is no reported case in the United States in which this writ has ever before been applied for or granted. ane petition of Samuel 8. Browning set forth that bis grandiather, Fred- erick Rollwagen, deceased, was about sixty-eight years of age at the time of his death. which occurred on the 10th of Uctober Ii that about three years ago he mar- 61 his third wi‘e, Magdalena Hermann, who was then out forty-five é of age, a spinster; that no issue has been born of this marriage, nut that since the death of her husband the widow claims to be exretene, and that within a few weeks she expects to be delivered. charges that her present assertion of pregnancy is a pre; tence and a sham, and inasmuch.as the birth ot a lawful posthumous child of the testator will pecessarily deprive she petitioner of a large portion of the estate to which he would otherwise be entitied, he asks the Court to grant him the old English common law writ above mentioned, e at heriff be directed to have the widow ex” amined by a number of competent matrons to ascertain the truth in regard to her condition, and that it she be found by them to be enceiute then that she be kept under surveillance until her delivery, so that no fraud may be practised by the substitution of « sappesitittous Lei Mr. Campbell, n support of his application, cited - ety of antiquated law books in law Latin, black letter | and Norman French, becinning with the old work of Henry de Bracton’ “De Legibus et Consuetudinibus Anglin” written about the year 1200, and following with @ number of decisions of the higher English courts, com: ing down to the beginning of this century. He claimed that under our constitution the common law of England | | prevailed in this State, except where it had been ex- pressly repealed, that no repeal of the privilege of this writ had ever been enacted, and that under the decisions of the Lord Chancellors King and Thurlow this writ was | Riatter of right cn the part ot an heir whose estate in lands would be deteated by the birth ot a posthumous ¢ Mr. Amory, in opposition, insisted that carrying out the provisions of the writ asked for would be barbarous, toe | decent and intolerable, and that it was opposed to the | resent progress of civilization, He instanced what s Known as the Cunningham bogus buby case, and showed by this and otfier cases that the statuies provided a required means to meet case like the present ne. After farther argument, in which another lawyer, resenting two of the adult so ated, in whieh he joined i asking tor the writ Judge ‘ancher refused to grant the writ, but ordered the ap- pointment of three physicians, one being the family phy. siclan of Mra. Rollwagon, another to be named by tne op- owing counse} ang, the third by himself: to make au ex. ination of Mrs, Bollwagon aud report wi Seipenon ot rf port whether she be Trying To Get Money from Fernando Wood, The Riverside Park Commi rep- ns of the deceased, purticl- joners—Messrs. Judge Sutherland, Traphagan and Graham—awarded §2,75) to unknown owners Mr. Fernando Wood clalmed to be the owner of the property in question, and through Mr, John B. Deviin, his counsel, applied to the Supreme Court to have the money, over to which bad been paid into him he matter Armstrong to nd hi se ioney was report Meantiine Mr Wich puts tn @ claim to the ownership of the property upon which the award was made, and te in turn applies to the Supreme Court for the money, when nother feloree is appointed. Before the latter referee ¥., Teed Waa summoned to appear as & witness, have got the money," said Mr. Wood in his quietand doabtiees under the ¢ircumstances rather provokiug Court, | paid referred to the wavhat are you going to do abontit?’ that { rtal interrogatory once as! by a follon team ashman's counsels oe rep Rete tdi ey concluded to da about | motion made by Mr. Bilis in court yest ray oc aif of Mr. ¢ He moved to we! Oren flying tho money to MP. Wood end Into Court again, rte’ atrenuously ; Devlin as atr 0 fisted that under’ the “statues ‘Bre Juige Faucuee ney ce qWoed Elis tie opportunity te peach The Challis Libel suit Against \ Wood- hall, Claflin and Blood. A motion to va “ae the order of arrest in thik case), t will be ' fendants were held to bai! in th youn ofsamoeeie nae @ yoar ago, On Aciaim for damages of $60,000 made wy the plaintiff by reason of the publication in their Mi t defendants of certain” imputations aseleen were insufic order ot id his motion 4 ia The latter in on! course was to the capers Dit gave ae A his brie ~ SAVE ME. | iency) arrest fw odants, without which feaexn ciel! sctios.” For Away a rea tn Knox and Crosby. ir Fancher took the papers. Decisio . wy BY Jadge Fancher, Godfrey va’ Moser.—No notice of settlement being fiven, as required ae 41, the amendments are. by wy #4, agree w. Zhe Wola bp FepeHWe Lg case sanst female ts not table to ar- @ motion Appeared ox Judge In opponition Messrs. Fullerton, hearing the argument Judge | Sequence of the interior Another Verdict Against the City. | Damages. Before Judge Curtis. Some two years ago, as Mrs. Elizabeth ©. Roberts was alighting from a Broadway and Twenty-third street stage, she alleges that the driver started before she had got out, throwing her ov one knee and injuring the knee- an so severely a8 to have disabled her ever since. she brought suit against Charles Johnson. and other ‘proprietors of ‘the stage, claiming $25,000 damages ‘the stage folks deny all the — alle- it of the complaint. The care came to trial on fonday Ghd resulted. in & verdict of $900 for plaintifl. * MPRINE COU T—P. AT I. Liability of Warehousemen. | Before Judge Joachimsen, Frank et al. vs, Covertet al.—This agdon Is brought nst Covert & Co., bonded storehanse keepers, for the value of 5,000 cigars stored with them and not delivered on demand. It seems that in October, 1878 their store- house, Nog 14 and 16 Beaver street, and ranuing through to Marketfleld street, Was opened at night, apparently from the inside, amd about 25,000 cigars, of which these formed a part, carried off. ‘The evidence principally turned upon the question as te whetber proper care Was exerci the defendants. Upen this point they testi- fied that 4 constant watch was kept while the storehouse Was ope! t all the widows and doors were securely fastened ht, and that the reason they did not keep night watchinan was be they were advised by the police authorities that greater security would be ob- tained through the Potice patrol alone. On. pl: rt it was testified by witnesses that they had pas: 4 out from time to time without question, and that, in their-epinion, the place was not properly. Ruarded. Thiele theory was that some part: Peccreted himself during e day in the Deiiding. and opened the shutiers from the inside. Judge Joachimsen charged the jury that it they were sutistied that the defendants took such care of these goods asa prudent man would take of his own property. they must find to their favor: otherwise their verdict must be for the plaintiffis, The itt, found in favor of plaintity tor $190 83. For plaintiits, C. H. fr defendants, Vai Machin. in Winker, Candler «Jay. MARINE COURT—PART 2. Betore- Judge Gross, Xetion Against a City Marshal. Andrew J, Powell vs A. Aarons, one of the Marshal's of the City;of New York.—In June, 1870, Jacob Strause, of this cfty, obtained a Judgment for $354 against Jacob V. Seaman,of Brooklyn, On this ju'gment a warrant of attachment was issued and placed in the hands of the Gefendant, who seized from the possession of Seaman, a span, of horses, a wagon, a set of harnesses and two blankets, The plaintiff, who is @ relative of Seaman, claimsthat the property seized was covered b tel ute Seaman to him in ls? and also May, 1! Seaman, being greatly indebted to hi ve hima Dill of sale'of all his property, and Siuce that ume has been in his employ ata salary of $0) & month. ie property was _ so the Marshal at public auction, fourteen days atter it was seized, and was bought by the plaintiff tor $343 50, and he brings this suit to recover the $343.50, which he paid for it, and $54 for the time it was detained in the custody of the Marshals. The defendant clatms that the mortgage and bill of sale were executed by Seaman for the purpose of defrauding his creditors; that the bill of sale was not in taet executed until after the property was seized, and that the mortgage was not valid, not haying been re- newed until more than a year after it was file The Court charged the jury thatthe morty which was fled April 1, 1370, in order to be valid as ist the creditors of Seainan, should have been renewed within the thirty days preceding the Ist of April, 1871, whereas it was mot renewed until the 5th of April. Ifthe jury found, however, trom the evidence, that the ownership of the property was actually transierred trom Seaman to Powell by the bill of sale, they would find a verdict tor the plaintiff; but if they were satisfied that the property belonged to Seaman atthe time it was seized their ver- dict, -of course, would be for the defendant The jnry found a verdict’ for the plaintiff for $343 50, with interest trom-the time of the sale. * MARINE COURT—PART 3. Deing Busine Under ai Fictitious Name. Before Judge Curtis. Wiliam K. McClees ys Henry R, Demilt.—This action ‘was brought by the plaintiff to recover the sum of $5% 17 for goods sold and delivered to the defendant. It appears that the plaintiff is the manutacturer of a celebrated brand of iron, known as “Best Refined American K. G.,”" and that the goods, wares and merchandise sold by him to the defendant consisted of different bills of this iron. Defendant set up, first, that the plaintiff had violated the statute of the State in this, that he had done business under the name of McClees &Co., when there really was no company, and moved @ dismissal of the com- plaint on that rou second, that the iron sold was of an inferior quality, and that by reason ot this detendant bad been mucn damaged; and defend- avt also set up an agreement on the part of the plaiutit to deduct trom the amount of the bill in controversy the extent of the damage sustained by the detendant in con- quality, of said iron during the whole period of their dealing. ‘The Court instructed the jury, atter denying the motion to dismiss, that while the plainti® might have laid himeelt liable to the penal pro- visions of the statute, it was not. in the judgment of the Court, a bar to the Tecovery Uy plaintiff of the value of the goods act iy sold and delivered by him to | defendant, and of which detendant had the benefit; that the question was a new one, and the Court desired, it in error, to have it permanently decided in review; that | the defendant could vot recover any damage except on the identical bill of goods in controversy, unless he extab- lished a distinct agreement that he was to be allowed. reduction of the bill sued on, the amount of damage tained by him onthe other invoices; that the present bill of goods in suit was a distinctive, separate, lated sale and delivery; that, if defendant established the reement relied upon, he could only recover the amount ol Gamage scipal v8 aetna: that the dam fp must be ositive, defuite and certain, and notspeculative. Ver- j Bier for plaintiff for $301 OL COURT OF GENERAL SESSIONS. Daring Larceny ofa Lady’s Pocketbook in Forty-second Street—The Thief Sent to Sing Sing. Before Judge Sutherland. Most of the day was spentin the trial of Daniel Ma- honey, who was charged upon the complaint of Miss Mary Hill with snatching, on the 80th of October, atone o'clock, @ pocketbook containing $350. She was passing through West Forty-second street at the time. Mias Hill pursued the prisoner, but failed to capture him. In the evening, however, she called at the Fifty-ninth street station house, and not knowing that Mahoney was in custody, at once identified him as the thief. An officer aq arrested him, it seems, upon anotzer charge that evidence was ruled out. esses to establi , but Mr. Howe called three wit- in alibi, they swearing that at one o'clock on fhe day of the robbery the prisoner was at his sister's house in East Broadw The jury deliber- ated only a few moments before they rendered a verdict of guilty. Judge Sutl riand seutenced Mahoney to the State Prison for four years and six months. Mr. Russell afterwards said that ney has Deen a professional car pickpocket for years, and that New York was well rid of him. Larcentes. Robert Kelly, who on the {9th of Angust stole $40 and $6 worth of clothing, the property of John Morgan, | pleaded guilty toan attempt at grand larceny. He was sent to the State Prison for two years an: Michael Larkin, alias Hanton, ple. ix months. led guilty, ti similar offence, the allegation being on, 2” 28 o October he stole a watch worth $8) from William Chap: man. His Honor sentenced him to the Peni two years and six mouths. hep inci On motion of Assistant District Attorney Allen, Charl Barker, indicted for larceny, was discharged on his ow: Tecognizance. Conviction of Three Tappers. Three youths, named Thomas Finley, alias “Witty Tom; Christopher Dunnigan, alias “Blind Joe,” and Thomas Whittemore, all the obbler,”’ were tried uo charge of stéaling a money drawer containing $4 from the liquor store of John F. Walsh, No. 12l Charlton es a Cee [st ga oon the Jary rendered verdict of guilty. he Judge sent each of State Prison for two years. wptie) ctin COURT CALENDARS—THIS DAY. Youthful Till Sorremx Court—Ciecvit—Part 2—Ho r y Brunt—Nos. 2064, 2610, 2088, 2602, D521 sgh viRe ase 2063, 2712, 18, 1456, 21 2, 2841, 804. 2 ‘3034, 3096, 3108, 3116, 0: Held by Judge Barrett — Nou 038 40 On Ta Te Tet. 169, 82, Bs 2, 36a, 3. i pa be me wrapped uPRi ‘ovrt—Triat Tean—Part 1—Held by J Curtis. — ni 1OOL, 974, L134, 1142, 1199, Tie, Taro 122, 1093, 44, 1151, 1us2," 1095," 1064," 1170, 1022, 1076, 1204, HIZB, 1188, LOTL, 06h, 1058," 1086, 1072, 1076, LORS, LER, 1258, tase is hse at a 0 Ns Vy igs a Aa 9, 1298, 1299, 8, 804, 1290, 1000, 182 , 127i, 1146, 1277, 1319, Part 2— Held by Judge Van Vorse— Sil, 72, Tit, 668, 765, 614, 740, Nos. , Or (ON Held b: ', Iwew and Daiy.—Nos, 19, LL, 1b 4 ig, TaN 12, "55, 6473, 2, 185, 198, Laos 19S aMow Preas—Trrat 7 — Ps \—| Judge Robingor Nos. 1494, ee, 264, oe His Sah » 145. 1682, 64, 2426, 1617, 290, 3) 1—Held ¢ Joachimsen.— 1618, 2880, TOF es Da 2s, 143, \ + 75, Court or roe init Man ont Pai by ‘J Nos. 2218, 2258, 9032, 2978, 3402, 34.8, 2088, M 5 1968, 9492, 2882) 2910. Part 2 eld. by Judge Gros. Now. 9 205, 2 a 163534 319, avi7, 2031, 29 04 obi, a00n a7, Part Held by Judge Garten Non, 2617, 2707, 2600, 2691, 1652, 2674, W632. BW, U754, S114, 2782, BROOKLYN COURTS, UNITED STATES COMYSSIONER’S COURT. A Yachtsm: in Trouble, Before Commistoner Winslow. Frank Slater, captain of the steam yacht B. BE. Mallory, was before the Commissioner yesterday roorning on the charge of removing that vessel after it had been soled by the Marshal. It soome that on Monday last the Mar- sital woized the yacht. lipel having. beet sien against {t 4nd &wonition ined. During the day. however, ‘Yousel was removed to Elizabethport, subsequently found. | Slater Is ehar Caused iw removal He was held to ball 9,200 to ap ar before the © 2 ouse Will be heard, SUPREME COURT—SPECIAL TEAM, The Prospect Park Assessments, Before Judge Gilbert. “Khe matter ot the assessmente levied for the construction Of Prospect Park and for lands thereof was before Judge Gilbert yesterday morning, on a motion of counsel of the Park Pommissioners to have the assessments con firmed. Oyviection was made by vapious courteel for op f Atbush. Ge: ound “that wie Comminiomere ong gutected ort the saowes Wein lor yUY City JMDCOvemeNL, Bud alee for r which was intended for the benefit of the city exci us- ively. Mi. Tracy, for the Park Commis! med that the two main’ ‘uot involved ‘wi we er, under the struction of the ac a power, to assess on the people ot the town of Flatbush of xpense incurred in the taking of lands tor che'Park and for its. constructio vhether the ite o mn, and wi facts of 63 and "72 were constituuonal, or whether th Lg y Were not a violation of that section af the comstivation Which oy while contended y extension of pI t of 1868 ark and included oxi t the by the words — ot i Park” in one of its sections. ended the town of Flatbush Judge Lott Cont reserved decisio COURT OF OYER AND TERMINER, Sheriff Williams’ Indictment. Betore Judge Barnard. wf Mr. B. F. Tracy, counsel for Sheriff Williams, wh6 is indicted for frauds on the county by overcharging for “prisoners? board” at the Jail, appeared in Court yester- day, having been notified by the District Attorney that the case would be catied. The District Attorney himself Was absent, but hig Assistant represented him. Judge Barnard inquired what plea the defendant entered. Mr. ‘Tracy replied “Not guilty,” and said that he would like to awe te case ‘ied us soon "as possible, as 1t-was a yer riant case. The Asuistant District Attorney, Mr, Cullen, did not like, in the absence of Mr. Britton, to take the responsi- pitty rsh fixing aaay. That matter rested with the Dis- lot torney. ‘udge Barvard inquired how @ week from Monday wonld suit counsel, unse Mr. Cullen said that the Court of Sessions would be en gaged then, and upon the whole he preferred that the question of day ot trial be lett open until this morning. Mr. Tracy did not demar, and the case went over, Released. inst the motion also, and the eelyed the attention or the meeung. They pe with an increase over their last years’ allowance. The work among Swedish and Norwegian sailors in this port was aided to the ex- tent of $3,000, The eheral Committee will reassemble again to-day, sar “THE JERSEY MIDNAPPING CASE. AOS Ste a Pinkerton Di vers His Mistake—The ‘Wile ‘a ag Held for ?Aai—Dis- charged on Bail and Rear ested —Seveus teen Witnesses for th’ Grand Jary- The Pinkerton gang ¥resented themselves 3s, ‘terday morning re Justice Seymour, “n the First District Plice Court, at Jersey city, Charley Spencer an@’Norman L. Rowe appeg” ed for Bowe. Mr. Rowe was deputed byy ‘District Attor ney Garretson to appear also on behalf of the State, Mr. pencer, addressing the Court, said that with’ regard to the charge al- leged in the’requisiti¢’n against Bowe he desired to say thas Bowe was never charged with burglary, and that the whole thing, from first to last, was infanjous, and arose from @ charge made in a New York court that he had been seen with burglars, When the case came to be tried Bowe proved conclusively that at the time he was charged with being in the burglars’ company he was miles away, and he was prepared to prove that Bowe’s character was as good as aby man’s in Jersey City. At this point James Merrigan, who is indicted for alleged com- plicity with his wife in the murder of Margaret Ham- it in the Eastern District last September, was finally released yeatereay, naving furnished bail’ in $10,000 0 await trial. His sureties are James Fiaherty, John Kearns and John D, Leary—all of the Kastern District. CITY COURT—TRIAL TERM. Dangerous Equestrianism — Knocked Down by a Runaway—More Equine Eecentrtcities. Before Judge Neilson. On the 2th of May last James Drum was walking along Maspeth avenue, Brooklyn, when he was knocked down by @ horse owned by William Heidt, of Maspeth, Queens county, which Heldt’s son was riding at the time. Result--Drum had “his nose broken, his shoulder, tongue and hand lamed and large gash cut under his eye.” This terrible record of his injuries ap- eared in his complaint yesterday, when he sued Heidt jor $5,000 damages Drum’s face certainly presented evidence of rough treatment. His nose was crushed down at the bridge, and there, wage large scar under each of hiseyes. He claimed that the horse was a vicious ani- mal, and invaded the side path of the avenue to attack him. It appeared during plaintii’s testimony that after the accident the detendant offered to compromise the matter by giving him $6) and paying the doctor's bill, but he rejected the proposal. The defence was that the horse ran away, and tha! young Heidt was unable to control it. While the animal ‘was dashing along the avenue the mder shouted to Drum, who, however, ‘a0 Not get out of the way soon enough to avert the accident. General Crooke, for the defence, wanted to make a motion for a dismissal of the complaint, on the ground that the summons was served in Queens county, while the cause of action arose in Brooklyn. The General therefore questioned the jurisdiction of the Court, ize Neilson declined to entertain any such motion, saying that the case must be tried on the question of ligence. ‘The Judge also declined to allow the stenog- Ee to note ihe fact that he declined to entertain the motion. “General Crooke then addressed the jury and in the course of his remarks touched upon eauine eccentrici- ties. Some horses were easily frightened and ran away, while others were tar different; in fact, horses were 43 queer as women in their actions. The jury smiled and nodded approvingly; but when Counsellor Dailey ad- dressed them for the ‘plaintiff they also smiled and nod- ded approvingly. The jury, however, disagreed and were discharged. SUFFOLK COUNTY SUPREME COURT. Interesting to Sportsmen on Long Island and to Poachers. Before Judge Joseph F. Barnard. The South Side Sportmen’s Cinbd vs. John Kortright— This action was tried at Riverhead and presents some interesting features for sportsmen and owners of fishing preserves on Long Istand. The plaintiffs, the well known shooting and fishing club, of which Recorder Hackett is President and John E. Devlin counsel, owns some 900 acres of sporting preserves in the town of Islip. The de- fendant is a fisherman of Amityville, some 15 miles west of theclub grounds, On the night of Sunday, 16th March last—a windy, rainy, tempestuous night—he, in company with three other Amityvillians were detected by one ot the club's boatmen on watch in drawing @ het m Connetquot Creek into which they bad sailed and rowed irom the South Bay. This creek composes part of the waters of the club in which 1 owns the exclusive right of fishery under the Nicoll patent. The club, de- termined to protect ils property and ishing privileges, brought a separate action against each of the tres: assers, The jury was out all night, and in the morn- [ne rendered, a verdict of $25 for Plaintitis, which, as the, title of the club to Its property came in question, fy understood to curry ull, costs in each of the sult will amount” to about expen alike up the fishing. The value of the fish taken was about $10. ge investment, but another illustration of the truth the saying that “The way of the transgressor is hard.” A venerable piece of documentary evidence was produced on the trial, being no other than the original patent is- sued by King William 11f., of England, to William Nicoll, in 1897, of a tract of land some ten miles square, extend: ing from Blue Point on the east to tear the present village ot Ishp on the west, with the South Bay for its southern and the country road, running throagh the middle of the island, for its northern boundary. This interesting iece of parchment, with the seal attached, is in Je possession of and was produced on the tral By dr. William Nicoll, now residing upon and. still ownii ‘@ considerable portion of the land granted by the Crown tw his namesake and ancestor. His patent is liberally worded, and shows that the colonial gentlemen “in favor” in those days kept good lookout for the main chance and were “learned in the law.” Here are some of the things granted In addition to the land:—"“Marshes, pools, i, lakes, fountains, waters, water courses, rivers, rivulets, runs, streams, brooks, creeks, harb« inlets, outlets, fishing, fowling, hunting hawking.” ‘The club was owner under this patent, and the Judge held that, although as claimed by the defen- dants in the Connetquot Creek the tide ebbed and flowed, the Crown had a right to and did grant to Nicoll and his grantees the exclusive right of fishery in these waters, and that this right belonged to the Club, and nad been violated by the detendants, for which they must respond in damages. Game laws limited the recovery tor exemplary damages to $100, and it 1s understood thes Most of the jury were in favor of awarding that amount, but that one of them who did not think that the owners of trout streams on which they had expended thousands of dollars had any rights which a Long Islander was bound to respect kept his eieven stubborn. fellows, cold, huagry aud uncomfortable, out for an entire night, ‘The result of this trial is encouraging to gentlemen of means fond of outdoor sport with gun and Tod, because they cau now rest assured of protection in the enjoy. ment of their property, and that their fishing privileges will be respected and reserved for their own and their friends’ enjoyment, COURT OF APPEALS. Avpany, Novy, 13, 1473, The following rule was handed down :— Ordered—Motions for reargument will only be heard ‘on notice to the adverse party, stating briefly ihe ground upon which a reargument is asked; and such motions it be submitted on printed briefs, stating concisely the fe ts supposed to have been overlooked or misappre- nded by the Court, with proper reference to the par- ticular position of the case, and the authorities relied upon, and counsel will not be heard orally. Calendar for Tco-Morrow. Court of Appeals day calendar for November l4:—Nos. 45,85, 9), 05, 08 97, 10K, 10. - bi UNITED STATES SUPREME COURT. — Wasminxoton, Nov. 13, 1873, No. 87, Mitchell vs. Tilghman, and No. 340, Same vs. Same—Appeals from the Circuit Court for the Southern District of New York.—These are suits brought by Tilgh- man for alleged intringements of his patent for a process of making fatacid and glycerine from neutral fat, the Grat suit having been brought under the original patent and the second under the extended term of the same patent. The defence was that the patentee had not applied nis improvement to practical use; that it cannot be so applied; and that al manufacture the of fatty the apparatus and method of failed. pet rt ye Cow fow Interpretation of the paten: proved to have been carried into means of the invention; and thi attempts to carry on acids t the ym ot Patent have proper and is hi tom) cording to appellee's process, and heuce has infringed his patent. Th both anes nai fucreen were in favors of ‘the patent, and the appeals seek to huve them reversed on the merits, as ansound; and, if not reversed in that respect. then it is insisted that it must be reversed as to the recovery aa to profits the allegation being that no benenit was derived from the use of the Tilghman ti: provement. ©. M. Keller end William M, Evaris tor ap- pellauws, George Harding for appellee. THE METHODIST MISSIONS, lyting. The General Missionary Committee of the Metho- dist Episcopal Charch continued ite session yes- terday, Bishops Ames and Bowman occupying the chair in the morning and afternoon respectively. The Committee on Kast In- dians Missions recommended the appropria- tion of $37,944 for that sectton of the world. After @ lengthy discussion $34,432, With $7,000 as a contingent fund, was voted. Outer India received $5,000, and the Bulgarian missions $6,000 for the cause. This made the total appro- rietions fer all the East Indian missions $79,476, italy received $13,000, with $8,000 for the exten. sion of missionary work. The question of with- drawing the American Superintendent of italtan missions was gave rise to @ lengthy discussion. , Opoke, of France, made an appeal in behalf of French ,Methodista, e Secretary of ine General Committee then stated that the amoumy @f money already appropri- ated amounted to $34), 784, including exci ange. Canton, China, asked sor $10,000, Mexico for 25,000" and Inter-Africa fo" $7,600, which would ewell the sum b; or 264, The a total last year (An areas: The Sweaist und Dorwegan Methodist missions AB the Aorthwest Appropriations for the Werk of Prose- | the densely packed audience broke eut into a de- monstration of applause, Justice Seymour turned Bowe over to the New York authorities, Inspec- tor Murphy and Captain McHorney being detailed to conduct him to the ofiice of the District Attor- ney in New York. Mr. Rowe accompanicd them and was prepared to furnish ball promptly in New York. ikerton, Schildge and Meehan were sent down to the cella, @ measure of unexpected sever- ity, as they were on previous occasions alforded the enjoyment of a room neat the Captain’s quarters, while Bowe, bleeding and panting from their bru- tal treatment, was consigned to a cell. ‘They did not remain long there, however, for on sending @ message to the Pennsylvania Railroad ofice, one of ‘tom Scott’s ase mates) named John Templeton, was sent to furnish bail, as fol- lows:—$100 each for aa attempt to kidnap; $200 each in the case of Pinkerton and Meehan, for as- sault and Pasere on Bowe, while Schtldge was re- quired to furnish $500, on the same charge. Pink- erton was fined $20 for carrying a pistol. The charge of disorderly conduct was dismissed, In the annals of the administration of justice in New Jersey there is not another » case on record in which a rson charged with Kidnapping was allowed to fo at larerad the trifling bail of $100. Itisat any time much more convenient tor an individual to pay that sum than run the risk of serving ten years in the State Prison. The remarkable leniency, if not positive sympathy, shown to the alleged kid- appers by the police authorities since the com- mencement of this case was the chief topic of conversation on the streets yesterday afternoon, and a strong determination was manifested to have all the facts laid before the Grand Jury. ‘An example should be made,” said an ex-Mayor of the city, “of that Pinkerton gang that would inspire a respect Jor the laws of New Jersey throughout the country, The “ Pinkerton squad had not proceeded pany paces {rom the door of Police Headquarters when Constable Schopp pounced them and conveyed them before Davis on new warrants, charging them with assault and battery on Henry Dillon and Thomas Porter. Dillon charged that Pinker- ton grasped him by the coat, placed a pistol to bis head, struck him and threatened to blow his head of. ¥or the assault on Dillon, two of the gang, Pinkerton and Schildge, were held in $200 each, and for the assault on Porter, Schilge was held in $300, On the latter charge Pinkerton Meehan were held in $100 each id for aiding and abetting. Curtin, another of the gang, is atiarge and the constables are on the watch for him. John Cullen, whose head was bat- tered by two of the squad, has yet to procure war- Tants, 80 that before the case reaches a conclusion Punkerton’s career as a detective will be some- what blighted. There are seventeen witnesses to appear against him before the Grand Jury. Tue excitement has somewhat subsided, SAVED FROM SUICIDE. Emil Pasel, a suicidaily inclined youth of Newark, was prevented from blowing out his brains with a Tevolver on Wednesday rh it, and yesterday was sent to jail for ten days, le desired to be com- mutted for all winter. ee MARRIAGES AND DEATHS. Married. Cnase—DEAN.—On Wednesday evening, Novem- ber 12, at eight o’ciock, at the house of Mrs, A. U. Parisen, by the Rev. J. J. Brouner, Mr. CHARLES J, Cuass to Miss Lizziz Dean, both of New York. CHAPIN—BULL.—Un NE en 8 November 12, at Brattieboro, Vt., by the Rev. A, a Clapp, D. D., of New York, assisted by Rey. N. Mighill, of Brattleboro, Epwarp R. CHAPIN, M. D., of Fiat- bush, N. Y., to Mrs, SARAH G. BULL, daughter of the late Colonel Joseph Goodhue, of Brattleboro. Currer—Knarr.—On Wednesday, November 12, at the residence o/ the bride’s mother, by the Rev. David B, Jutten, G. L, Currer, of Brooklyn, to Fanniz Knapp, of New York city. DaLY—HOWELL.—At Portland, Me.,' on Wednes- Gay, Novemver 12, 1873, by the Right Rev. D. W. Bacon, D. D., Bishop of Portland, EUGENE F. DaLy, of New York, to ELLA, eee of the late John 8, Howell, of Nassau, N, P. DgEweY—MCDONALD.—At Clifton, N.J., on Tues- day, November 11, at the residence of the bride’s oats, by the Rey, R. Vanhorne, assisted by G, . Whitney, D. D., WARREN C. DEWEY, of Kalaina- zoo, Mich, to ADA A., only Saugheer or F. J. McDonald, formerly of Brooklyn, N, Y. Kalamazoo papers please op a FostER—REMINGTON.—On Wednesday, November 12, by Rey. Stephen H, Tyng, Jr., Joun E. Fosten to LOUISE M. REMINGTON, daughter of C. W. Reming- ton. All of this city. FRENCH—HAVILAND.—At Milan, Dutchess county, N. Y., at the residence of the bride’s parents, on Wednes‘ay, November 12, 1873, by the Rev. Thomas T. Everett, HARRY B. FRENCH, of New York, to Gussiz, only daughter of Samuel H, Haviland, Esq. JaRVIS—DE CaMMARA.—In Brooklyn, on Wednes- day, November 12, 1873, by the Rev. George A. Hubbell, BENJAMIN JARVIS to Mra, ELIZA DE OaM- MARA, all of Newtown, L. I. SERGEANT—DovGaN.—In Brooklyn, on Wednes- aay evening, November 12, by the Rev. W. T. Fitch, WILLIAM W. SERGEANT to ANNIE E. DOUGAN. TILT—RaYNoR.—On Tuesday evening, November 11, at St. Bartholomew's church, by the Rev. Stephen H. Tyng, Jr., D. D., ALBERT TILT to ADDIE V., daughter of Wiliam H. Raynor, ali of this city. Died. BakgR.—On Wednesday evening, November 12, THOMAS IGNATIUS BAKER, Only son of Micuael and Alice Baker, aged 11 months and 15 days. ‘The relatives and friends of the Jamily are re- spectfully invited to attend the funeral, irom the residence of his parents, No. 1,628 First avenue, between Eighty-fourth ana Eignty-fith streets, on Friday, November 14, at one o'clock. Bassrorp.--Suddenly, in Harlem, on Tuesday, November 11, Miss UISA V. BASSPORD, eldest daughter of W. and Amanda T. Bassiord, ed 17 years 26 days. ‘he funeral services will be on Saturday, November 15, at one o'clock P. M., at the resi- dence of her parents, No. 51 East 126th street, The relatives and friends are respectiuliy invited to attend, BREKMAN.—On ee November 13, Ewtza- BETH 8. RowiNsON, Wile of Mr, Abram Beekman, in her 634 year, Relatives and friends of the family are respect- fully Invited to attend her funeral, on Saturday, 15th inst., at half-past twelve o'clock, in the Meth- odist church, corner Madison avenue aud 126th street. Benepror.—On Wednesday, November 12, SARAH Louiss, eldest daughter of rles H, and Augusta Benedict. ‘The relatives and friends are respectfully invited the iuneral, irom the Harlem Second to atten Baptist church, 111th ‘street, between Third and Fourth avenues, on Sunday, November 16, at twelve o’clock M. sharp, Bgrtine.—In Kast Chester, on Wednesday, No- vember 12, 1873, SAMUEL R. BERTINE, tn his 73d year, The relatives and friends of deceased are invited to attend the funeral, from the Methodist Episco- | pal church, East Chester, om Friday, November 14, | and half-past one P. M. ‘Carriages ‘will be tn wait. ing at depot on arrival of twelve M. train from Forty-second street depot, BRENNAN.—On Wednesday, November 12, Catia- RINK, beloved wife of Edward Brennan, a native of Rathoulbin, parish of Callan, county Kilkennry, Ireland, aged 64 years and 2 months, Relatives and’ iriends are respectfully invited to Attend her funeral, trom her late residence, 127 Wythe avenue, Brooklyn, to St. Patrick's clurch, Peakuenay te tae solemn requiem bee od will er respose, on Saturday, at half-past nine A.M. PY Sie if BROWN.—At Harlem, on Wednesday, November 12, KeeNkzen H. Buown, tn the 68th year of his age. latives and friends of the family are invited to attend the funeral, from his late residence, 211 Bae 125th street, ou Friday, November 14, at two At@ meeting of the Taxpayers and Citizens’ Protective Union of the Twelfth ward, held at their hy Thursday evening, November 13, the follow- be) erate @nd resolutions were unanimously 10) — This association is informed of the death of Mr. Ebenezer H. Brown, its president, rat atte 'e8- terday under circumstances of peculiar afiiction, and enters the following minute :— That as a citizen esas! among us for many years Mr, Browo has been distinguished for integ- rity, self denying pubtic Leola) sao In coune e | two o'clock P. M. ral of Mr. Brown, from his tate residence, No, 2". West 120th street, on Friday, November If, at we mM. HENRY SCHUBERT, Prer'_,« Custos RowmrON, Mecrenee: a ate, BykNE.—On Thursday, November ANN, the beloved daughter of T - 18, Burporr HDC HITS. og and frie ie cuits The reia' al a p* -8 of the family are ré- ot LN rete -stond the funeral, irom her treet, on Sate No. 610 West Fit poowanse M. Her ,,7*”day, November 15, at one o’cloc! Cem’ rye Teuuains’ will be interred im Calvary 8YR*..On Wednesday, November 12, CarHa- RIN”, BYRNE, nativ Queens county, Ireland, in “4 76th year of her age. ‘The rojatives and friends are respectfully invited to attend the inneral. from her late residence, 338 East eixseeny Porte taieras Cemetery, at two o'clock this ‘iday) al CAnILL,—On Wednesday, November 12, after @ long and severe iliness, JoHN CAHILL, & native of Linsmore, county Waterford, ireland, in the 59th year of his age. ‘The relatives and friends of the family are in- vited to attend his funeral, from his late residence, No, 868 Hamilton avenue, South Brooklyn, on Saturday, the Hooray av one o'clock. Indtans papers please copy. Cain.—OD pa eps SN November 12, PATRICK Carn, in the year of his age, His friends, and those of his brothers, Michael and Arthur Cain, aiso his cousin, Henry McGuckin, are respectfully invited to attend his funeral, on Friday, November 14, at one o’clock, from the Sis- ters’ Hospital, Twelfth street and Seventh avenue, to Calvary Cemetery, without further notice, CORRIGAN.—THOMAS CORRIGAN, the beloved son of the late i wee hen Mary Corrigan, aged 4 ears, 4 months ani lays. if The friends of the family and those of his uncles are respectiully myited to attend the funeral, on Friday, the ae inst., iron his late residence, No. 107 Washington street. Gotmns.—On Thursday, November 13, Jamzs COL- Lins, the only son of John and Anna Collins, aged 4 years, 3 months and 16 days, "The tuneral will take place on Saturday, Novem- r 15, at halfpast on- o'clock, from the residence of nis parents, 162 Leroy street. Cox.—In this city, on Thursday, November 18, of heart disease, MicaakL Cox, in the 22d year of bis 0. “rhe relatives and friends of the family are Te- spectfully invited to attend the funeral, from his late residence, 307 East bieventh street, on Satur- day, the 15th inst., atone o’ciock, thence to Cal- vary Cemetery. Cox.—On Wednesday, November 12, 1873, MaBLa Cox, the beloved wife of William H. Cox, . Friends of the family are respectfully invited to attend her funeral, from her late residence, 1,003 Becngs venue, this day (Friday), 14th ist, at one o'clock, DurFY.—MARyY, Mother of Terence and Patrick wvuffy, aged 60 years and 6 months, To be buried from her late residence, No, 54 North Moore street, on Friday, November 14, at one o’ciock P. M, Evers.—On Thursday, November 13, 1873, HER- MINE MARGARRTHA CHRISTINA EVERS, the beloved daughter of Henry and Wilhelmina Evers, aged 2 years, 3 months and 18 days, The relatives and friends of the family are re- spectfully invited to attend her funeral, from 49 lonroe Street, on Sunday, November 16, 1873, at half-past one o’clock, FARNSWORTH.—On Wednesday, November 12, BLANCHE, eldest daughter of Mrs. Hattie A. Farns- worth, aged 9 years und 5 months, Friends of the family are invited to attend the funeral, from the residence of her mother, No. 860 West Forty-ti{th street, on Saturday, 16th inst., at eleven o’clock A. M. HENDERSON.—On Thursday morning, November 13, alter @ protracted illness, MARGARET, Wile 0! Isaac Henderson, in the 66th year of her age. The funeral will take place from her late rest- dence, No. 18 West Fifty-fourth street, on Monday, November 17, at twelve o'clock M, Hupson.—On Wednesday evening, November 1: Mrs, KLUEN L., wile of E. A. Hudson, ani daughter of the late Mrs. John Mansfield, of this city. The relatives and friends of the family are re- spectfully invited to attend the funeral, from her late residence, 213 West Thirty-third street, on Sunday, November 16, at one o’clock P. M. InMaN.—On Wednesday afternoon, November 1: ely widow of Henry Inman, in the 79th year 0/ er age. Relatives and friends of the family are respect- fully invited to attend the iuneral, from the Re- formed church (Dr. Porter’s), Bedford avenue, Wil- liamsburg, on Friday afternoon, at two o'clock, JACKSON.—On Wednesday, November 12, SaRan Vipa, youngest daughter of Samuel and Sarah Jackson, aged 1 year, 2 months and 20 days. The relatives and iriends of the family are: re- spectiully invited to atiend the funeral, from the residence of her parents, 1,099 Fourth avenue, near Sixty-sixth street, on Friday, the 14th inst., fat one o'clock. KENNEDY.—On Wednesday, November 12, of Scarlet 1ever, IDA AvGusta, fourth daughter of John and Mary E. Kennedy, aged 2 years, 2 months and 12 days, Funeral from residence of her parents, 202 Fast pA ied street, on Friday, November 14, at one ‘clock. KRUSE.—MINNA ALWINA KRUSE, Only beloved daughter of Johanne C. and Fr. Kruse, in the 24th year of her age. The relatives and friends of the family are re- Spectfully invited to attend the funeral, irom the Kighty-sixth street Presbyterian church, on Sun- om the 16th of November, at one o'clock, AWRENCE.—At New London, Conn., on Satar- day, RS 4% re ne Fey Nancy W. Law. RENCE, relict of the late Jose) awrence, years, 5 months and 2 days, 43 1 neeg, 8 November 12, Lro- LERSI E08) micanenes, A 9 noRa V., beloved wife of Ignatius Lerener, daughter of L, D. Walter, in the 26th year of ter age. Friends and relatives are Invited to attend the funeral, on Friday, 14th inst., at ten o'clock Ac M., from her late residence, 243 West Fifty-third street. LovGauin.—Ip Brooklyn, on Tuesday, November 11, ELLEN Lov@auin, peluved wife of John Lough: lin, aged 37 years. Relatives ‘and friends are invited to attend the faneral, this day (Friday), at two o’clock P. M, at 226 Warren street, thence to the Cemetery of the Boy Cross, In Hari IANSFIELD.—In Harlem, on Wednesday, Noyem- ber 12, WILLIAM W. MANSFIELD, eldest 8 of the ae een John Mansfield, aged 61 years and 8 Kelatives and friends, also members of Colum- biun Engine Company, No. 14, Volunteer Fire De. partment, are respectiully invited to attend the Juneral, {rom his late residence, No. 880 Rast 190th Street, On Saturday, 15th inst., at one o'clock P. M, MERRIAM.—At Locust Grove, Lewis county, N. ¥., on Tuesday, November 11, General ELA MBBBIAM, in the 80th year of his age. The funeral Wil take place trom his late real- dence, at Locust Grove, on Saturday, November 15. che ti etueeteri, Navanney 12, ELLEN UuNPHY, wife of Francis G. Moore, ears, 11 months and 21 d cere The relatives and triends of the Hei are re- spectiully invited to attend the funeral, irom het late residence, No. 5 Roosevelt street, this (Fri- day) aiternoon, at one o'clock shar) McDgeRMoTT.—On Wednesday night, Novémber 13, CATHERINE MCDERMOT?, a ears. The irtends of the family are respectfully invited to attend the funeral, from hor late residence, 820 East Thirty-firat atreet, on Friday, November 14, at MCMULLEN.—On Tuesday, November 11, 1873, ANNA Vipa, youngest daughter of David and Nancy McMullen, in the 7th year of her age. Relatives and friends are respectfully invited to attend her juneral, this day (Friday), at @ o'clock, from the residence of her parents, 358 East 121st street, Her remains will be entered in Green- ‘wood Cemetery, Paket.—On Thursday, November 13, STEPHEN PARET, aged 76 years. His friends, and the relatives and friends of the family, are respeotfully invited to attend t funeral, from St. Paul's church, corner of Broad- Way and Vesey street, on Saturday afternoon, No vember 15, at a quarter to three o'clock. Smira.—On Wednesday, November 12, Bripogt, wife of Thomas Smith, in the 75th year of her age. Relatives and friends of the family are Fospect fully invited to attend the funeral, this (Friday) afternoon, at two o'clock, from the residence of her son-in-law, John McCabe, 43 Montgomery street, corner of Monroe, SMirH.—On Tuesday, November 11, 1873, after @ 3 few hours’ lilness, of plexy, at his residence, at Manhasset, Long Isla CHARLES H. 8MIT! " Selior at law, in the both year of his age. ‘The relatives and friends of the fat are invited to attend the funeral, from Onrist church, Man- hasset, on Friday, November 14 18 eleven o’clock A. M., without further notice, The remains will be taken to Greenwood for interment. Ca: riages will be at the Great Neck depot of Flushing and North Side Ratiroad on arrival of the nine o'clock A. M, train from Hunter’s Point, Srut.—On Wednesday evening, November 12, Mary Brown, wile of G Had 8. Sute, Relatives and friend the family are ct. fully invited to attend the funeral, from her late residence, 366 West Thirty-third street, on Friday, the 14th inst., at two P. THAYERS,—On Satarday, October 11, 1873, ELLEN Lonnet Thaycrs, of Weat mM ERSKINe, denghver of ndoiph, Mass. Rg HOMPSON.—1D Brooklyn, on Wednesday, Novem. ber 12, Mra, MAGarR V., wite of John Thompson and oungest daughter of Mrs. Sarah A. and the late W. H. Wilson, of Baltimore, in the 26th year of her *Fthe relatives and friends of the family, also the members of Arinene Lodge, No. 235, F. and A. Muy are respectfully and Standard Ohapel, No. vited to attend her funeral, on Sunday afternoon, November 16, at two o'clock, from her late resi lence, No, 83 Myrtf avenue, Brooklyn, Baltimore papers please copy. TOWNSEND.—At Puairview, N.J., on Wednesday, Werenet 12, JOHN S, TOWNSEND, Sts, aged 66 yours and 24 Lys. Relatives and friends of the family are respect Tully invited to attend the funeral, on Sunday, No vember 16, at two P, M., from Rev. Dr. Taylor's church, Ridgefield, N. J. TUrHiLt.—On Thursday, November vi Rawra P,, tary A. Tathill. Only son of Silas Y. and Friends will attend the faneral, from 424 West Fort y fourth street, on Saturday Morning, at ming o'clock, and prompt and cnet action. — Presiding | ‘TynouLeR.—Trovmaan Lona, No. 487, F. axv among us, his course was marked by fidelity, self | A. M.—Breraaun—You are hereby summoned t« control, urbanity and success. We lament the lovs | attend a special communication, be held af Sanh tiasluit Suv enichay Stoaraye | burt te Sakon egal SaaS as eply sym) . | past twelve o’ our Hosolved. That ® orn minute, uly core te broth ir, Jonn Tyroll Hed, be communicated to the family of Mr. ewgived, That this Association Attend we fung- |. r. o a LIAM BURROWS, W, M, Sanyay. d Wont, Hecretars.