The New York Herald Newspaper, November 15, 1873, Page 8

8 THE COURTS. Caso of the Ex-Assistant Secretary of War---Verdict in His Favor. TWEED TRIAL. —— Opening of the Case by Counsel and Testi- mony for the Prosecution. THE Yesterday in the United States Cireult Court a decision vas rendered in the case of the Second National Bank of Erie, Pa., vs. The Ocean National Bank of this city. The suit was brought to recover $77,278 24, the alleged value of certain deposits made by the plaintiff with the de- fendant, and which were taken from the safe of the @cean Bank when it wasrobbed. The plaintiff claimed that the robbery could have been prevented by due dhli- gence and care, The case was tried betore Judge Wil- iam D. Shipman some short time before his retirement from the bench, and in his decision, which he filed yes- terday, he gives judgment for the defendant, on the ground that the absence of diligence and care has not Deen proved. In the United States District Court yesterday, before Judge Blatchtord, the case of the United States vs Wil- Mam Coland was concluded. It was an action to recover the value of a quantity of cigars alleged to have been smuggled by the defendant, The jury found a verdict tor ‘the plaintiff for $61! 19. CHARLES A. DANA. The Action for Alleged False Imprison- ment Against the Ex-Secretary of War-Verdict Directed for the Defend- ant—A Juror Asks if He is a Non- entity. ‘Tne case of Gazzaway B. Lamar vs. Charles A. Dans ‘was brought to 4 close yesterday in the United States Circuit Court, before Judge Nathaniel Shipman and the Jury. Ex-Judge William D. Shipman appeared as counsel for ‘the plaintiff, and the District Attorney for Mr. Dana, THE JUDGE'S CHARGE. Judge Nathaniel Shipman charged the jury in the following terms:— ‘This isan action of false imprisonment brought in the r 1568 by Mr, Lamar, then and now a resident of ieorgia, against Charles ‘A. Dana, then and now a resi- dent of this State, but formerly "Assistant Secretary ot War. The undisputed facts in the case are briefly as follows —Prior to December, 186, Mr. Lamar was a citi- zen of the State of Georgia, where he contnued to re- fide until the date ot his arrest, on or about April 25, 1865, Prior to December, 1864, the inhabitants of the State of Georgia were in A STATE OF REBELLION against the government of the United states, and the terri- tory of the State was in the occupancy of armed rebels, and the authority of the United States was there over: thrown. In Decémber, 1864, the city ot Savannah was taken by the United States troops, General Sherman com- Manding, and irom that time to May, 1865, and subse~ quently, was occupied byUnited States troops, who eid elty by FORCE OF ARMS. ‘The city was governed during this time by martial law—first under the immediawe authonty of General Shermun and thereafter urder the authority of General Grover, the previously existing common law courts and tribunals Were closed, and there was during this ume NO PXISTING CIVIL AUTHORITY; Dutthe authority of the United States government was Maintained by military rule exclusively and by con- straint of arms. On the 15th of May, 1565, President Lin- coln was assassinated, and dent Johnson became acting President, and, as such, the commander-in-clict On the 28th_ of April sent for Mr. Dana, nt you to arrest ve that he was coui- ofthe armies of the United states. Mr. Stanton, the Secretary ot W: the Assistant Secreiary, and said, Mr. Lamar, We have reason tw belie cerned in “THE DRATH OF MR. LINCOLN, “What officer have you whom you can send!’ Gen- eral Jeflers was named, of which choice Mr. stanton told. Mr. Dana to make the ‘order and to sign it by order of Mr. Dana wrote the order and further the Presiden: iY testifies that he knew nothing of the reasons which in- duced Mr. Stanton to make the statement. The order di- rected General Jeffers to arrest Mr. Lamar, to bring him to Washington and report to the commanding general for orders General Jeffers proceeded to Savannah, ar- rested Mr. Lamar at night, brought him to Washington, where he was forthwith confined in THE OLD CAPITOL PRISON as a prisoner, in a small room with 14 other persons, and Was Kept closely confined for a period of about three | then in a state of illhealth. The cir- €cmstances of the inprisonment, he has sated, and they gre not denied, He was iormally released on parole. months, he bein, He reported month th nding general till the latter part of 187. No char, Yrought against him, and never iniormed of the causes of his’ arrest. a Fendered on April $0, 1800, ‘and peace was, torr Proclaimed some time in August, 1865. For this and imprisonment Mr, Lamar brings this action aj Mr. ha. By statute of the United states it is pro’ that no such action for such causes can be maintained except brought within two years after the commission of the act. But with this staiute you have nothing to do, the same not having been pleaded, and the case wiil bé Cousidered as if brought within ‘the proper time: ease is properly before the Court, which bas diction of it in all its aspects, and can proceed to final Judgment, subject to the revision of the Court of last Fesort. ‘the question 1s whether, under these facts, and others to which J shall call your attention, Mr, Dana is Jegally liable to damages for this arrest and imprison- ment. And I shail here lay out of the case the statutes of 1363, 1366 and 1867. What my opinion of the valid ity o1' those statutes may be is immaterial. I treat them as it they had not been made, I shall consider the principles ot Jaw ap and pec! to this case as if they did not exist. This gov rnment is one of law, and nobody can be legally rested except itbe according to Known and establish principles of law of some kind. It 5 one that this order was issued ar rdin, ples of the common law. using that term in ite restricted fense, as the law undér which civil courts ordinarily act. MILITARY LAW proper is applicable only to the members of the army and navy, it was not made under that. But itis claimed that it Was made under and by force of martial |s stituted authorities, and, in the course of the war that rebeliious portion has been taken possession of by the armed forces of the regular government, and is held by force of arms, and the civil courts are closed, and there are no existing civil tri- bunals for the preservation of order, then the comma: ing general governs the country ahd its innabitants for the time being, by martial law—that 1s, by rules and Fegulations proclaimed by the military authorities and reed by military power. It !s admitted that General erman had proclaimed, was enforcing and had a right toentorce martial law over the cltizens of Savannah, of which Mr. Lamar was one, and thus to punish any of the Well-known and recognized crimes committed by those ¢itizens, or to restrain any line of conduct not amount- ing to crimes or misdemeanors which had been probib- fed by proclamation. But it is denied that THE PRESIDENT, 48 COMMANDER-IN-CRIEF. of the armies of the United states. had power of his own Motion to arrest citizens of Savannah for crime and to Dring them to Washington and there incarcerate them without the knowledge or intervention of the General in command in Savannah, and thus, tor the time being, act euperior to or in disregard of the local military authori- fies. It is true that the President, as Commander-t Chief, had no authority to arrest and to hold for trial be fore & court martial or a military tribunal, to detain tor an unreasonable ume persons not in the military service residing in the so-called loyal Btates when civil courts were open, because where the nd the civil rites were unob- was no lion, maruai law did’ not legally exist. 1 Court ot the y United States substantially Ceci e Milliga’ so often referred to, that a military order to arr conine in jail for ah unreasonable time a citizen r in 4 State hotin rebeliion would be al order the question here is, whether the Vowimander-in-c! could at this time, by virtue of martial law, arrest bring to Washingion a citizen of Savannah, then living there under martial law, because the President had Feasan to believe, and did believe, that such citizen had be lity of an act well knowh and recognized by ail tobe wcrime. Lam here speaking of the facts in | ¢. Mr. Lamar was pot arrested beeause he was ay generally—was not arrested because, havin a rebelilou: ale, and gave aid and comfort 10 « he was regarded as a traiwor; but Tested for a particular offence. 1 answer yes, under certain re, ions. The Commande: ‘Chief must have good reason to believe that the person against whom he issued the order did commic a crime ; Must not utter the order (or THE YUKPOSES OF OPPRESSION, ustnotdeiain the citizen for such a time that his ssive and unjustifiable. Uv he utters Were purposes of oppression, e Citizen so that ition bi Ably oppressive. he is res n damages. In gene tering the Commander-in. ght lawfully arrestany one in Savanna uh under martial law, ‘who, trom the informa’ or , he had reasonavle SFound to believe was then engaged’ in inciting iucther | Febellion or had committed such acrime as THE AASASSINATION OF Mit 1 ‘Within the immediate theatre of 4 or war the Commanéer-it-Chie! ih exigoncies of the occas ower of mart e law exclusively to mn. But President’ Johiuson is fr, Dana is sued, and the question is whothen $s in any manner liable for this oruer tion that the President issued this or mitted in the declaration. I charge you opinion, the President, as Commander-jn-Chi sight to give the order, I! be had reason tu bx A CRIME HAD BEEN COMMITTED AY Mu. 1, that the order, upon its face, was a vail: order, If Mr. Johnson issued it trom 1 preasion he is liable, but upon the Lace of th ‘@ valid and legal document; and Mr Duta, dic minisverial officer, acting merely as « ot gommander, in aignuig ‘the order by authority of Frovdent, old notimake himeolt Liable, unless he con ,Spired with, co-operated with or induced the President to issue it from motives to oppress. Had the President fold Mr, Dana to issue an order arresting one of you \iv- ing in New York Mr. Dana might have been liable, cause, on its face, that would have been an iSlegal order. When the President told Mr. vana to issue an order under matial law arresting a Savannah gitizen fora crime Mr. a is not Hable, because, on S's tuce, the President bad a right to issue such an order. So if Mr. Johns wilrully kept Mr. Lamar in eon ine. Peent un justi Not release hin when it was eevee Ne be releaved, be is liable. It on t willy iy, '.ept Mr. Lamar in ras niger an unjustifiable time, then he would be lable. Pat i Mr. Dana, being & subordinate rain 1 aid ost cones KF the sength, of ggntinerent 4 operate with and induce Pres eop hino, then Me Jana ls notlinble lor tmtee UNDUR CONFINEMENT. ‘ finestions of tact arise:-Kirst—Was this order Tid Me i c&use and for motive tooppress Mr. ar, Fr one to abe knowingly co-operate with President Mee ang, Sue such wn oppressive order? Second—Did Fenton ne R2oWinely and wilfully asst in the armnen ot MY Lamar reasonably after his arrival at et hyect ex- Cees ee. (Pana Mo entices in ie nega” oat ot these poinu, it will be your duty to 4 veRDict ron mx 9 ‘These are inhertoniany WEFRNDANT: 0 d_vital questions) and they a Placed i such form apd slatenien thay they oon ve te it is hat. in iy , had the iL Johnston sur- | 1 or | NEW. YORK HERALD, SATURDAY, NOVEMBER 15, 1873.—TRIPLE, SHEET. viewed, and, If wrong, rectified by the Court of last resort i Nator Would it be proper to ask if the onder wa: ror direct from the ‘President wo Mr. Dana or irom Mr, Stan- Tue Court that ts fmmaterial in this because it ‘he Cou “i imimat case, ase is averred th the declaration that the order was issued by oraer of the President. If it had not been so averred Tshould have charged you to ti 4s matter of fact, whether in tact it was issued by or of the President, and then it would have been very proper tor. you to have considered the question yon, have inquired about. ‘The jury soon after ret A lapge of an hour the Judgé sent tor them, and when they had taken their seats the Court said they must have mistaken tho ‘irec- Gon thatbad been given them, ie read again from hie charge, and stated that, under the view of the Court, it was thelr duty to find a verdict for the defendant, The Fesponsibiilty rested on the Court which directed them to do so. A Juror—I desire to know if the jurors are nonentitics in, this matter? : ‘The Judge—You are directed by the Court to find a ver- dict tor tue detendant, It that is wrong it will be re- viewed by the Supreme Court of the United States. If Your conscience is axgrie ved, will take care of it. Juror, Gugniringly)—Wall you take care of my con- science? (Laughter). ‘The Judge—Yes. (More laughter). Under the direction ot the Court the jury rendered a verdict for the defendant. [tls understood that nine of San geo in favor of the defendant and three for the tit. pli THE TWEED TRIAL. Opening tor the Prosecution—Testimony of Deputy Comptroller Storrs and Ex- County Auditor Lynes—The Jury Get- ting Anxious to Hurry the Case Th ove! ‘The tria iMiam M. Tweed is evidently for some reason losing the interest it had. Tne attendance yesterday showed a great falling off from that of the previous days, and before the Court adjourned, which, however, was not until some time after the lighting of tH@ gas, this number had been reduced to about a baker's dozen. There was nothing of special interest trans- pired, most of the day being consumed in the exau- inations of Mr. Storrs, Deputy Comptroller, and Mr. Lynes, former County Auditor, Neariy at the close of the day's proceedings, however, an intimation was thrown out of an intention ‘to show on the partof the defence that there is no law upon which the indictment against Mr. Tweed can stand, and therefore that he must be acquitted. Itis proposed: to discuss this proposition in a day or two, as Judge Davis says that tfso be this be so itisa pity to Keep the jury together to hear long drawn out testimony when ho basis exists for & CONCLUSION OF THR OPENING, Mr. Peckham coneladed his opening by explaining to the jury how it was that the prosecution were aple to produce the ten vouchers on which the indicanent is chiety based. Mr, Keyser, seeing it published in a news- paper that he had received large sums of money on these Bits” when ‘he knew he had not received 4 dollar, de- led trom the department copies of bis bills. ‘Ihe Citizen’s Cominittee had demanded the vouchers tor exainiuation; they were to receive them on Monday, and they were stolen trom the Comprrolier’s office ou the Sunday previous; but Keyser’s vouchers were in anosber part of the building, where aclerk had them to copy, and were thus saved tor the prosecution. GROUNDS FOR CONVICTION. At this point, counsel ror the defence moved that the Court compel the prosecution to elect whether they claimed conviction on the ground that the detendarit did not meet to audit, or because he did meet and was Suilty ot some derehition of duty. | ge Davis overruled the motion, and allowed the | prosecution to demand conviction oa both or either ground, Arter a few words trom Mr Peckham on the extra- ordinary and high-hauded wrong committed by the deiendant, he closed his address. DOCUMENTARY EVIDENCE. The first thing offered In evidence was the tax lev: Isil. A paper containing the points of objection un this head ‘Taised by Mr’ Field at the last trial, was t so handed fn, and to save time the Court was considered to | have overruled them alland ailowed exceptions All points raised as to the uuconstitutionality of the law as | afects this trial were overruled; also that his being Senator prevented his being an auditor of the accounts TRSTIMONY OF DEPUTY COMPTROLLER STORRS, H.Was the, first a Richard H. Storrs, Deputy Comptrolle| witness called. He testied that, in Connolly Comptroller and Tweed ot supervisors. He produced the res | by Mayor Hall at the meeting of the Su ution drawn uj rvisors May 5 1570, directing their clerk to collect bills due by the county for their signature. It was signed by Mayor Hall, KB. Connelly and the detendant angel forthe defence moved that all counts be gnashed except those framed on the first certitieate after May 5, 1870, und all issuing of certificates or neglecting to auditaiter July 4, 1870. Overruled. The same process that was gone through on tho last trial was then entered upon. The trst of the Keyser vouchers, for $16,936 tor iron work, &c., Jor the Court House was handed in by Deputy Comptroller sto Counsel entered an objection to ‘any bill bearing d | atter fiteen days atter the 26h of April, 1870 (the defend | anibeing required by law to take the oath of the Cou. | mission ot Auditowithin twenty days atter the law was | | passed), or to any bearing date atier May 5, 1870, when | assuming to discharge the duties, and there being no | proof ot oath the office was forieited. The objection was overruled. An objection was also entered to the reading of the words in the warrant, “we certify,” &c., they De- ing m Woodward's handwriting and on'the first page of the bill, and there being no proof that they were written vhen deiendant wrote his signature across the face of the second page. This was overruled. Similar objeedons | were made at the production of the other Keyser bills, Mr. Storrs next described the manuer in which the hers were Kept in the Comptroller's office, and how y were stolen in September, 1371. Those now in | court happened to be taken trom the files to be copied and were iu other places. In July previously he visited the office in company with the Mayor, and saw in the pigeon holes vouchers relating to the accounts of Miller | | &Uo., Bollard & Co. J. A. Smith, Davidson, Lockwood, | Jacobus, &c.; Mr. Watson, County Auditor, died Janu: | ary, 13; Counsel for the defence here said the robbery was } effected from the inside, and every one knew in whose | tuterest it was done. re was no burglary, and Mr. v'Conor, in the elvil suit, reterred to it as so-called urgiary. The witness was then examined as to whether a watch- | man was not always on duty, and he said he knew no reason why 4 Watchman was'not in charge ot the office on tue might and morning of September IL. 157. COUNTY AUDITOR LYNES EXAMINED. After recess Mr. Stephen C. Lynes, who was County Auditor in 1374, had charge of the books under the Comptroller, w led to the stand and produced the | Record of Vouchers and County Expenditure Book. MR. STORRS RECALLED. In reply to Mr, Peckham, Mr. Storrs said when he and Mr. Hall were examining the vouchers, when defend: ant’s name was not on the bill tt was on the certificate of | audit, on all the vouchers. While witness was proving the book of county liabili- ties, counsel for the detence asked what was the first Tame on the list that appeared to be benetited by bes Board s) udit. i Tremain asked waat was the object of that ques | jon. Counsel for the defence—He wanted to commit Mr. Tweed without bail,a most horrible exhibition, and f witnessed it. Mr. Tremain—Et tu Brute. Counset tor the defence—Your Honor, let us have the book t ‘oved. If Mr, Tilden comes on the stand ne exhibition as the last time, you will have him making a Care: to the Jury. (Laughter) I hope your Honor will telt him you only allow one coun- | sel on each side to sum up. r.) You will bave hit summing up tor the jury. ( rr.) Mr. Tremain (aughing)—My friend is fighting wiad- mills ali the time. MR. LYNES RECALLED, Mr. Lynes was now reealled, He testified that he never knew or heard of any meeting of this Board of Audit; witness described the gone through in the is presented; he has dge of where the certificates of audit are he knew nothing of a meeting of the Commis- | sion of Audit. ; | Mr Baruett said he wanted to put in arguments that | Lesialature never intended that they were to lid | togethe! r. ¢ Davis said he would hear him on that point some other time STARTLING ANNOUNCEMENT BY THE DEFENCE. Mr. Bartlett said he also propa on d to argue that the law proceedings is based has been re- and he was confident he could show it pertectly Wouldn't it be better to have it proved before ail testimony was putin? nudge Davis—if it is repeated, then your client will be v hich the whole d jett—I hone go; I felt so all through. Iam pre- i to prove it Whenever it suits the convenience ot the Court, | _ Juige Davis—If you have confidence in and | should decide in your favor, 1 ought to arly day iy ‘our point ear You at ind relieve the jury: tt—f am convinced of my views I never atiam not vinced of eat point is to convince me. COURT ON SATURDAY. sked whether His Honor would sit on | an Davis—Why not? I don't want to have the jury contined two daysidie. You will have sunday to rest. ‘Counsel tor the defence-It rests with the consciences | of the jury, if Saturday is thelr Sabbath day, whether they will sit or not The foreman here stood up and said the jur: ing to sit day and night, it necessary, to try this case. RESUMING ME LYNES BXAMINATIO: Mr. Lynes then identified the writing of the parties who prepared @ bundle of warrants put into his hand, Cross-examined by Mr. Fullerton—He filled in the en- tries in the record book from the warrauts; he did not prepare the warrants and did not know that they were filled up correctly. Do you not ‘know that Watson, whose duty it was | to See that the bilis Were correct, was frequently absent from the office, be alleging that he went to meet the Board of Audit? Judge Davis—He is the best witness himself. Mr. Pullerton—He is dead, sir. Judge Davis—On! nswered that Watson frequently went away, . to inquire about the correctness of bis; to inquire about while the sometimes Watson d reply that the billshad not come back from the | Mayor or Connolly, or that he himself was not satisfied ciness; the practice was to send the papers liy first; the practice of swearing parties to saainst ihe county Was abandoned in 456); attidavits Wore bot exact ater 186%, Mr. irewain—The blanks handed to the claimants ained an ordinance that the items should be veritied dav brother of D. W. Lavoureaa obtained an order to were will- brovence of at uihece. “tie Court then Adjourned Mi ten o'clock this inorning, pr rier intel BUSINESS IN THE OTHER COURTS. sea ieatiate UNITED STATES CIRCUIT COURT. “Important to Billiard Players In the case reported in yesterday's Hxnatp under the above heading a correction is necessary, to this extent, that the question of the patent is stiil undecided, and in the meantime patentees and | eo mney geen ‘as betore, at their own risk. | “"Pateutees may go on SUPREME COUI—CHAMBERS, The Lovitt Estate Case. Lord Brougham’s definition of a lawyer, that he was a gentleman who rescues your estate trom your enemy and keeps it himself, does not appear to be entirely cor- rect. At loast'such is not shown to be the tact in the final winding up Of the long-continved Jitigetion, ex- tending, indeed, over @ period of nine years, } in the case of the estate Jett by George Lovitt. | The particulars of the two suits, one contesting the will and the other Involving the question of the partition of Aid fie othe de Whish won! to tne Court Of dine have been too irequently given in the Hearn to require recapiiulajion he eatate, jt will be remembered, | drawn for the exe! | different footin; amounted to $2,000,000 and was bequeathed to his two dauvhters, who were his only caildren, and one of whom married 4 son of ex-Mayor Kingsland. The matter cai beiore this Court yi jay. on a motion for allowances to counsel, It “w it one of the earlier counsel had been the case. Several tights to the final decree asked exira compensa udge asked each one how much he thought he was entitled to. One estimated bis extra desserts at $7, two or three at 85,000 each, and soon down to $2,000, The Jndge fixe the amounts at about the sums asked, and, as Mans resalt, the several faces wrea' ratulatory smilea Ot course these payments are outside the spectal tees paid to the various counsel, the aggregate of which, chough doubt Jess heavy, can only be conjectured. During discus- son ine thet came gut very plainly, however, that there Was a large esiste thas showing & ° Ton to the entire correctness of Lord: Brougham’ detl- nition of a lawyer, a8 above quoted. Decisions, By Judge Barrett, Union Dime Savings Bank vs Smith et al.—Order Tanted for distribuuon of surplus. SHfarner et al vs, Hrown,—Aapplication to proceed: ings, as ajudgment should be don wherein the jud ed. In the Matter of the Application of M. E. Farrell et al. for Leave to Sell, &c.—Order granted, Getty and Others vs Devlin and Others.—Motion to amend granted in part on terms as stated in opinion, SUPERIOR CCURT—SPECIAL TERM. Deeisio By Judge Sedgwick. Romaine va Romaine.—Order of reference, Stout va, Clement and Another,—Order denying motion for reterence. Strong vs, New York Laundry Manufacturing Com- pany; saltzer va Nicolay; Ryan vs, Williams; Loughran and Another vs. Muil Peters and Another vs Mer candi} Mutual Insurance Company; Arnoid and others vs. Keyes; Sammou vs, New York’ and flarlem Rail- road Company; Roderigas vs, East River Savings In stitution—Orders grante: SUPERIOR COURT—TRIAL TERM—PART |, Decision. By Judge Curtis, Tplack vs. Brennan, Sheriff—Motion for new trial de- nied. COURT OF COMMON PLEAS—SPECIAL TERM. Decision. By Judge J. F. Daly, In the matter of the petition of Charies Adolf Rindskoff to change his name—Petition granted. MARINE COU T—PART I. Action for Commission—The Court Holds the Defendant on a Charge of Per jury. Before Judge Joachimsen. Ferguson vs. Lyons.—The plaintiff, a broker, states that in November last he was engaged by the defendant, adry goods merchant, at New Brunswick, N. J., to exchange astock of dry goods, valued at $20,000, for real estate; that he found a party with property at Ranway willing to exchange, and introduced him to defendant; that Lyons then went and looked at the property, expressed himself satisfied, i an agreement was thereupon se. The agreement was produced in Court, and stated, among other things, that detend- ant had’ seen the property, and would pay the broker five per cent commission. “For this, amounting to $1, 000, the action is brought. The defendant positively swears that he had never seen the property at the time of sign- ing the contract and that he was hurried into signing the paper, which had been prepared betorehand and with- out reading it through, the real estate owner and broker saying it would be no trade if he was not satisfed with the property; that he subsequently discovered the prop- erty to be greatly overvalued and deelined to carry out the arrangement. On the other hand the owner ot the real esiate swears that he had driven the defendant out to the property and he had in- spected it the day beore the signing of the contrac: and that the paper was drawn up in defendant's pre: ence, in his own store. Upon the rendition of the ver- dict by the jury, which was in plaintifi"s favor tor $50, Judge Joachimsen said he telt it to be his duty, consider: ing the circumstances of the case, defendant h: sworn so positively, in the tace of against two other witnesses, as to there could be no mistake, to preter ‘inst him, and compel him to turnish security tor his pearance before the Grand Jury wheu called tor. After some delay, the necessary bail was furnished. MARINE COURT—PART 2. Action to Recover for Counsel Fees. Before Judge Gross. Herman Hernstein vs. Sarah M. Chandler.—This action was brought by the plaintify, as assignee of the law arms of Stevens & Reymert and Reymert & Talmadge, to re- cover $400 as counsel fees for conducting two suits, The dctendant testified, in reference to the first suit, that the counsel agreed totake as compensation for their ser- vices one-half of the amount recovered in the suit, and that nothing was recovered. In the second case, which was one that the defendant in this action brought against o named Martine tor breach of trust, she alleges t her counsel allowed Martine to be released from jail without her authority. She also as a counter claim up matters, she copied apers in herselt, The Court, in charging the jury, said that the services of a professional man stood upon @ somewhat f trom those of a mechanic, the labor being that of the brain or mind, and even though the papers were copied by the defendant, that fact alone would not lessen the value of the services, because that ‘Was a mere mechanical transaction. As to the questions of fact between the two parties, he would leave them entirely with the jury, trusting that they would do justice to the parties as they, deserved. The jury found a verdict tor the plaintiff tor $50. Interesting to Builders and Landlords. George Derr vs Adolphus Koffman.—The plaintiff built two houses for defendant in Spring street, and sues to recover $523 balance due on the contract. Defendant claimed portions of the work were badly done, and that the inti was bound by the contract to obtain the itect’s certificate that the buildings were properly finished. The jury brought in a sealed verdict, giving ix cents tothe plaintiff. N. Chedsy for plaintiff, J. Solis Ritterband for detendant. COURT OF GENERAL SESSIONS. Charged With Receiving Stolen Goods. Before Judge Sutherland. ‘The only case tried in this court yesterday was an in- dictment against Hyman Coppermann, a pawnbroker, charged with receiving stolen goods. The proof on be- half of the prosecution was that on the 30th of June, 1871, James Robinson, a clerk in the employ of Gardner Brothers, 59 Lispenard street, stole from his employers two packages of sewing silk, worth $7 50, and one pound of machine twist, worth $10, and sold them to the de- ant, receiving $6 for the packages. Robinson was hand said that a year before t ions, he pawned similar goods, and’ subsequently sold the pawn tickets tor 60 cents each; that he Vistted Copperman’s place about ten times: thaton one occasion the accused told nim he had been there a short time before. and told him to look out or he would be caught, and at another time asked Robinson if he could get gold medal slik brald. Mr. Hall subjected the witness to a searching cross examination. Officer Field recited the circumstances of the arrest of Robinson, and of his going with Mr. Gardner to Copper man’s place and searching it, a1 is finding the stolen property. When asked by'the officer it he had taken in any silk that morning he replied that he had not. ait, Gardner corroborated the olicer's statewient on iat pol & in opening the defence, said that the accused pawnbroker of many years’ standing, and he would satistactorily explain'by his books and witnesses the one or two suspicious circumstances proved by the witnesses for the prosecution. A number of gentlemen of the highest standing would testity to the good charac- ter of Mr. Copperman. Jacob kozenberg and Harris Rich testified that they when Robinson came Were present in opperman’sp in and pawned some sewing silk, tor which he received some money and a ticket Bernard Russack, a former clerk of Coppermann, de- scribed the manner in which the accused kept his books: that it was customary for him to enter goods received o a slate, and afterwards transfer these items {o the book. This proot was adduced by Mr. Hailto show why thé slik in question was notentered upon the book at once, Siskind Caro and David 1 i, Jewish rabbis, testified to the good character of the actu é t this point, the hour being late, the Court ad) tiil Mondhy, when the trial will be concluded,» oom JEFFERSON MAKKET POLICE COURT. Burglary. At a late hour on Thursday evening Thomas Ryan, residing over a shoe manufactory, at 105 Bleecker street, was aroused by @ noise in the hall below. He arose and descended the stairs, and as he neared the bottom, ob- served a number of men runniag out of the front door, which was habitually leftopen. Anexamination showed that the three doors leading into the shoe shop had been pried open With a “Jimmy.” An alarm was immediately given and OfMicer Giigar, who was on near there, succeeded in arresting two of the men, named respect: ively Alexander Corbin, of Brookiyn, and Kdward Birch, of 123 Charlesstreet. Yesterda eh Cosmuck, of #4 Allon street, was pointed out by Mr: Ryan as one of the burgiars, and Was arrested by Oilicer Slavin, The three prisoners were arraigned before Justice Sherwood at the Jeferson Market Police Court yesterday atternoom and held for farther examinauon. Grand Larceny. Isaac Lee Orrs, of 149 Sullivan street, was charged with stealing an overcoat valued at $40 from Junius B. Booth. of Booth’s Theatre. He was committed for examination. UNITED STATES SUPREME COURT. Wasuixatox, Nov. 14, 1873, No, 91. Wedber vs Harbor Commissioners of Cali- fornia—Appeal irom the Circuit Court for the District of California.—This is a contest between Webber and the Harbor Commissioners concerning the title to certain tide lands in San Francisco lying about 120 feet on the water front and extending between Sacramento ana Commercial streets. The defendants claim, under an act of the Legisiawure of the State granting an estate in the tide lands around the city to it for ninety nine years jor a water front. The appellant claims under title de- rived from the city, and the questions are, first, whether he holds a good title: and, second. if he does, w he is @ Fipatign owner and has the right to gy cat wharves, The appellant contends that the ownership of the land on the water front entities him to build wharves, does not obstruct, navigation, | api off irom the waier by the 1 it it is held, as urged this tile is vold becwase that hi elty or State auth by the Commibssi ra, heid by the tate ithas been courts that the o1 nee authorizing the trensfer to his predecessors was Void, then he has @ good title by prescription under the stgtute of limitations of the State, The Cotnmissioners Matst that the ordinance under which the title was passed to the ap) redecessor is void: that reparian ownership is confined to lands bordering on fresh water streams or Water courses, aud cannot extend towater fronts o@ such & water course as the Bay of San Fran- een; and he description of water Jots contained in the deed given by the city aud State to the appellant's uredecessors did Not grant riparian rights je also Urged that the apatute of limitations pleaded not fleet the, MM ed ty it La : Y- eaitet him, i d he ta bs, Mons tor ravinw heras We levine and 8. Mydentelaee for appellant; T. P. Ryan and T. T. Crittenden, for ap- pellees. No. 96, United States va, Lapene ct al.—Appeal from the Court of Claims —The claimants, being partners in trade and residents of New Orleans in March, 1862, re- quested one Avegno, about to go into the interior, to fur- nish a trevelling clerk of theirs (then im New Orleans making coll and as their agent buy cotton) TS Re rt en of the arrangement the city was within the Contederate ines. Avegho went vibe interior before the capture of New Orleans, complied with the request, cot ton (the pi sof which were claimed in purchased alter the capture of the city, money collected age a turnished by Avegno. | From Claims cone! ded | that the captured cotton was not Bar. chased t any law rela {evehange between the fanubitants of loyal and insurrec- Honary States, and the judgment was for the claimants, The government insists that aiter the capture of New Orleans its inhabitants became enetnies of the tnhabi- ants of the parishes begond. the Union lines, and that Re ci Te a nsaction ry gcte Attorney, General and Solicitor General, for the government; W. ©, money. the Court of P. Clarke, tor appellee. COURT OF APPEALS, Tusany, 8, ¥., Nov. 14, 1873. Court of Appeals day calendar tor ‘November 17.— Now 07, 102, Hee Bos, 105, 106,107, 109, ECHOES FROM THE ELECTION. The County Canvass and What Is Being Done—The Westchester Annexa- tion—AH Fought Over Again in the Board Yesterday—A Remarkable Pro-"| test and What It Indicates~Tammany Wins a Battle in Peace. The supervisors, who’ set as a Board of County Canvassers, resumed their deliberations yesterday at 114, M., and proceeded to, the canvass of the returns from the Eleventh, Twelith, Fifteenth, Seventeenth, Eighteenth and Nineteenth As- sembly districts, which had by resolution been mapped out for the day’s work. During the early part ofthe day there was a very small attendance, not only of Aldermen, but members of the Tammany Committee of “watch- ers” and spectators. Several Assemby districts had been canvassed, during which a protest had been filed with County Clerk Charles BE. Loew, who under the law is the secretary of the Board of County Canvassers, ‘This protest, coming from @ quarter never before within the jurisdiction of the Board of Canvassers, was read by a few, but not until Assemblyman elect Wililam Cauldwelk John Bussing and Avstin D. Ewen, Supervisors of the county of Westchester, had appeared and taken seats in the room, was there an effort made, during the temporary absence of Mr. Lowe, tokeep the protest a secret, but.a reporter of the HERALD. found one of the clerks of the Board reading it to Justice Flanagan, and received it from his hands, with the remark, “Don’t publish tt, or at least say as little about it as you can consistent with your duties. You will understand tt.” The -.reporter read it, and at once understood it, and, as it directly relates to the legal points on the annexa- tion of the three Westchester towns—Morrisania, West Farms and Kingsbridge—it is given entire. The Supervisors of Westchester were, on motion of Mr. Monheimer admitted to seats. The protest, which Mr. Monheimer admits is the most complete that has been submitted to the county canyassers, is as follows:— To tz Hoxorante Boanp or County Canvases oF tue County or New Yorm:— GentiemeN—The undersigned, a citizen and an elector ‘of the town of Morrisania, in the conn of Westchester, Fespecttully represent to your honorable body. ihat at the recent general election held in the towns ot Morrisania, West Farins and Kingsbridge, and in the several election districts thereof, the undersigned was a candidate tor ice of Justice ot the District Court im the Tenth Judicial district of the city of New. York, and ‘was voted for at said election for suid office under the laws of 1873, chapter 613, ‘The undersigned respectfully protests against your honorable body canvassing (he returns and declaring any election ‘0 said ofice im said district, and especially against ¢ ring or certifying the election of John Flan- agan to said oflce by a rity ot any of the ballots voted at «a election for said olfice in said district, and that the towing are the grounds upon which the protest is made :— First—that the Board of Canvassers ofthe city of New York, as such, has no legal or constitutional authority to canvass the returns of any of the several Boards of In- spectors of Election appointed, elected, deputized or holding such office of Inspectors of Klection within the county of Westchester. ‘Second—That the returns of the several Boards of In- spectors of #lection within said Tenth Judicial district have been and were made ator about the time of the canvassing of the votes in said Judicial district to the Board of County Canvassers of the county of Westchester, and said returns are now in possession of the said Board of Canyassers, Third—That the said district im which the said vote: were cast was not at the time of said election, a part or within the city and county of New York, and sai election was held and conducted without the appoint- ment of Inspectors of Election and without the registry of legal voters as required by statute that such election shail be held and conducted within the clty and county ot New Yor! Fourth—The undersigned upon information and belief states and alleges that at said election large numbers of men were employed, hired and paid to illegally vote and did so yote at said election for Joon Flanagan. That the number of votes so illegally cast at said election for said John Flanagan was in ihe neighborhood of 50) ballots, according to the best information and belief which the undersigned can obtain. That as the undersigned is also intormed, and verily believes. the inspectors o! the Third Election district of the town of Morrisania received trom several illegal voters and repeaters at the polis in said election district on said slection day, and placed in the ballot box thereat, a nuinber ot such'iilegal votes, ranz- iug from 10 to 175, said inspectors knowing that said ballots were ilieeal,’ and that the persons offering and voting them were not authorized to cast such votes, That when such {legal yotes were so offered by said illegal voters challenged by one of the efectors of said dictrict, the said’ inspectors refused minister any oath to the person or perso lenged, but that said challenger was ejected from the room in which said pol held, and said illegal votes were recelved and placed by the said Inspectors in the ballot boxes thereat, and were returned by them the same as legal ballots; that the number of ballots cast in said district, on said Ys for said ofice, a8 the undersigned is informed and verily believes, was over 100 In excess of the number of all the legal electors within said district. fy undersigned theretore prays that in case your honorabie body decide to canvass suid returns that you will properly investigate the matiers hereinbefore stated and take such action thereon as the facts duly proved shail inlly justity. ‘The undersigned further says that the fact of thore naving been about 800 illegal votes polled at said cicc- tion in the towns or Morrisania and West Farms for said John Flanagan 48 more tulty established by the affidavit of Alfred Videtto, now on file with the protest of the undersigned In the office of the Board of Can- vassers ot Westchester county at White Plains, Respect fuily submitted, Nov. 14, 1873. JAMES R, ANGEL, County Clerk Loew’s deputies, during the absence of their chief, were successful in a tant, the fact of the above protest having been filed a secret, alike from republican members of the Board and representatives of the press and no excite- ment was caused until late in the afternoon, when the rooms of the Supervisors were taken by storm by ex-Judge Ledwith, ex-Judge McQuade, “General Frank Spinola, Mr. Waish, and ail the lights ofjTammany except Mr, Tweed. The presence of s0 many happy faces from the “Old Wigwam’? ave courage alike to the republicans, the Apollo fiat victims and the Tammany victors. ‘The canvass went on without interuption until about four o’clock, When Mr. Monhetmer was put forward to spring a mine upon the canvassers, Temporarily interrupting Mr. Supervisor Clausen, who was in the chair, he offered the following resolution :— Resolved, That the returns from the Twenty-third and Twenty-fourth wards be recelved and canvassed the saine as those of the twenty-two other wards, and that the canvass of such votes be proceeded with at the opening of the session of the Board to be held on Monday next, the 17th inst. There was “music in the air’’ instanter, and re- publicans and democrats took sides, Monheimer, who held the winning cards, skipped about every- where, Whtepered to the Tammany men, and finally carried his resolution after Messrs, Vance, Billings, Van Schaick, McCafferty and other au- thorities had declared that the adoption of the resolution would result in endless litigation. ‘The question was raised as to the awaiting of the opinion of the Corporation Counsel, but the sense oP the majority was that the Corporation Counsel ‘would not give his opinion until too late to act upon it, The result in brief is that the county can- vassers Will on Monday, irrespective of the Secre- tary of State, proceed to canvass the vote of Westchester county. As the public may be interested In learning the names of the Supervisors who voted upon the reso- Jution of Mr. Monheimer it is appended:— Yeas—Messrs, Cooper, Clausen, Flanagan, Kehr, Ly- sacht, McCafferty, Monheimer, Reilly — nN biuings, Koch, Morris, Ottendorfer, CANAL MILL POWER DESTROYED, Bripoerort, Conn., Nov. 14, 1873. About twelve o’clock on Wednesday night the wall of the canal which supplies the milis of Bir. mingham with water from the immense Housa- tonic dam broke away and the canal was imme- diately emptied of its contents, The whole of the granite Wasteway was not swept away, but the overflow wallsimply. Every other part of the struc- ture remains firm and secure. The break was caused by the foe ecariae slipping away from under the wall. examining the prostrate plies of masonry some pieces of the broken wall were jouind 14 feet long aud two to three leet thick. ‘The wasteway 16 of gra ite, corresponding in con. struction with the famous Housatonic dam, irom which it carries the water, extends from the face of the dam in a.southerly direction and forma the entrance to the canal. Five manulacturing establishments are reece by this canal, viz, :— ‘8 extensive Wilkinson & Co.’ peered employing 50 hands; @ large bit establish: ment, owned by New York city and also employing 50 hands; Sharon Bassett’s bolt works, loo. hands; the Derly Sliver Company, 60 hands, and Shelton & Co.'s bolt works, 60 hands, Of these Uhe paper and silver compan; oat, oy ranning fall time. ‘The latter company orders and wilt feel the stoppage most severely, The Presi- dent of the Water Com will endeavor to have the break repaired b; rary plank stracture pol rmanen Mt DR, VANDERPOEL ON QUARANTINE, The Last Session of the Public Health Association—Discussion in Regard to Quarantine. The Sanitary Conference held another session yesterday afternoon inthe court room of the Police Department, Dr. Stephen Smith in the chair, Dr. W, Swirdy submitted a lengthy account of the cases of cholera which occurred in Pittsburg during the present year, That the cholera did not become epidemic was, in bis opinion, due to the remoteness of the affected locality {rom the popu- lous portions of the city, rendering tsolation easy, id to the immediate disinfection—by carbolic acid, sulphate of iron, &c,—and destruction, by of everything—evacuations, bedding, carpets, Siatelng, kc.—likely to convey infection. Dr. Elwyn Waller, of this city, read a report upon disinfection and — disiniectan' ving the chemical composition of all the disiniectants in use. Dr. Harris, the secretary, stated that a number of contributions on sanitary subjects had been re- ceived from health officers in various portions of the country, All the States of the Union, with the single exception of Mississippi, had contributed something to the deliberations of the association. Dr. Vanderpoel gave his views in regard to quar- antine matters. He said he was weil aware that some people thought guseanting measures were quite superfinous, So long, however, as human nature remained what 1t Was, quarantine meas- ures would be necessary. England stood to-day: at the head of the purely hygienic school; but Eng- land stood in-@ Very pecultar position, on account of its climate, Yellow jever, of course, could never decimate the English nation as it could this. France, however, had extended her quarantine system toavery great degree. New York hela constant relations with yellow fever ports. Steam- ers reached here from Havana and Jamaica within the time of incubation of yellow lever. During the last summer 162 cases of yellow fever were taken from ships in the bay and treated in the ey A Now, in regard to cholera, it was likely be brought into port at any moment, on account of the enormous emigration from every part of Eu- rope. Boston and Portland were quite out of the range of yellow lever, and even the quarantine rules necessary in New York would be quite mis- placed in Philadelphia, There could, therefore, be no uniform national system of quarantine, Every steamer and every case required a different treatment. We required of the Havana steamers, for instance, that they make the trip in five days—they could make y it in three days. At first he had thought that it would be best to have quarantine warehouses, but he was ofa different opinion now. The steerages of the steamers which now came into port were much cleaner than they were a year ago. The offi- cers of the steamers understood now that if their steerages were not clean they would be detained until they were thoroughly cleaned. The quaran- tine buildings of New York haa cost some $2,000,000, Quarantine in Europe had been trammeled and hampered by antiquated notions, but this country stood ready to accept all the reforms of sanitary science. This was rei not a quarantine, but merely a sanitary inspection. Dr. Miller, of Cnicago, asked what sort of disin- Tectant he used? Dr, Vanderpoel—I think there is no disinfectant We Heid air, and we have plenty of it in the bay. )plause, ir. A. >. Bell said quarantine now rather pro- moted commerce than hampered it. Dr, Elisha Harris moved that a committee be ap- pointed to report on the subject of quarantine to the next annual meeting. The association then tendered a vote of thanks to the press for thelr faithful reports, and adjourned till November, 1874, BOARD OF HEALTH. The Board of Health met yesterday and trans- acted some routine business, The following report of the work done during the week ending Novem- ber 8 in the several bureaus was received and adopted :— Sanitary Borrav, New Yors, Nov. 11, 1873. The following is a record of the MORK pectoris in the Sanitary Bureau for the week ending November 8, 1873. ‘The total number of inspections made by the Sanitary and Assistant Sanitary Inspectors was as follows, viz. : 1 public building, 693 fenement houses, 255 private dwell- ings, 187 other dwellings, 80 manutactories and work- shops. 7 stores and warehouses, 66 stables, 2 markets, 18 slaughter houses, 2 breweries, 1 hog yard, 1 dump: ground, 1 public drain, ¢ fat rendering establishments, smoke house, 4] sunken and vacant low, 3) courts, yards and areas, 82 cellars and basements, 33 waste pipe an drains, 83 privies and water closets, 164 streets, sidewalks and gutters, 3dangeroug stairways, 6 piggerics, 12 other nuisances and 8 visits of the Sanitaty Inspectors to cases of contagious disease. The number of reports thereon Fecelved from the Sanitary and Agsistant Sanitary 1n- spectors was 438. During the past week 25 complaints have been received from citizens and reterred to the San- itary and Assistant Sanitary Inspectors for investigation and report. The Disinfecting Corps have visited 78 premises where contagious diseases were found and have disintected and ‘umigated 77 houses, 77 privy sinks, together with cloth- ing, bedding, &c, One case of smallpox was removed to the’ hospital by the Ambulance Corps Permits have been issued to the consignces of 65 vessels to discharge cargoes on vouchers from the Heaith Officer of this port. Seventy-eight permits have been granted scavengers to,empty, clean and disinfect privy, sinks. ‘The following is a comparative statement of contagious Aiseases for the two weeks ending Nov. 8 1873:— Fianall Hipnod. Seapial Haast. theta. poe phus. id. Scarlet. feasles, t be My s 46 1 wo 40 2 BO i 50 23 3 1 All of which is respectfully: submitted. W. DE F. DAY, M.D. Nov. Nov. &, ., Sanitary Superintendent. ptristitscids renin, MARRIAGES AND DEATHS Married. BANCKER—LONGBOTHAM.—On Thursday. Novem- ber 13, 1873, at the residence of the bride’s parerts, by the Rev. J. W. Sarles, FREDERICK A. BANOKER to ARY, daughter of J, ©. Longbotham, Esq., all of Brooklyn. FLETCHER—SHAY.—On Wednesday, November 12, at St. James’ church, Philadelphia, by Rev. H. J. Merton, D, D., Isaac D, FLetcHER, of New York, Ce etek k Suay, daughter of the late Wm. L, Pickering. FRANKLIN—EGBERT.—On Wednesday, November 12, 1873, at the residence of the bride’s parents, Stapleton, 8. L, by the Rev. Kingston Goddard, FREDERICK W. FRANKLIN, Jr., to Miss Mary A. EGRERT, MorRIS—EDGAR.—On Thursday evening, Novem: ber 18, at Woodbridge, N. J., by Rev. J, A. Maxwell, of Hazelton, Pa., HENRY A. MORRIS to REBECCA, te) daughter of A. A. Edgar, Esq., all of Wood- ridge. PLUMMER—CooK.—In Brooklyn, on Thursday, November 13, by Rey. E. T. Hiscox, A. HALSEY PLUMMER, to Miss ELizaAbeTH CooK. Ross—GassNER.—Ou Thursday Svening, Novem- ber 13, 1873, by the Rev. R, Macarthur, Ropert J. Koss to CATHARINE, eldest daughter of John Gass- ner, Esq., ali ot New York city. San Francisco papers please copy. SERGHANT—DONGAN. in Brooklyn, on Wednes- day even! November 12, by the Rev. W. T. Fitch, WILLIAM W. SERGEANT t0 ANNIE EB. DONGAN, Ten EYCK—OnAPMAN.—On Thursday, November 4 13, at St. Paul’s church, Morrisania, by the Rev, Robert Harris, WintiaM H. TEN KyCK, of Harlem, to Hatriz H., aaughter of John Chapman, of Tremont. No cards. TISDALE—BLACKWELI.—On Wednesday, Novem- ber 12, at St. George's church, Astoria, L. I., by the Rev. Dr. &. W. Harris, SAMUEL B. TISDALE to Emma L., daughter of Josiah Blackwell, both of Astoria, L. J. Died. AHERNE.—On Thursday, November. 14, of diph- therla, MARY Rovrina, oidest daughter of James and Jennie Aherne, aged 5 years and 3 months. ‘The funeral will take place from the residence of her parents, 331 East fiity-ninth street, on Sun> day, Novem! clock P, M. Tr 16, at two o’ BASSFORD.--Suddenly, in Harlem, on Tuesday, November 11, Miss ISA V. 'BASSFORD, eldest daughter of George W, and Amanda T, Bassford, aged 17 years and 26 days, ‘The iuneral services will take Pas on Saturday, November 15, at one o'clock P. M., at the resi- dence of her parents, No. 51 East 125th street. The relatives and friends are respectiully invited to attend, BatroukR.—On Friday, November 14, 1878, HENRY BatTonER, aged 4 years and 10 days. ‘The relatives and friends of the family are invited to attend the innerai, from the residence of his ‘rents, 134 Union place, corner of Dupont street, reenpoint, L. I. Bavny.—On’ Wednesday, November 12, at ‘her residence, Newton Lower art Mass., Mary CATHARINE, relict of the Rey. Allred L. Baury, D, D., aged 75 years, BEEKMAN.—On ag November 13, Exiza- pare Ss. oniNgoN, Wile 0} Mr. Abraui Beekman, in © ear. Relatives and friends of the family are respect- fully Invited to attend her funeral, on eer 1oth inst., at halt-past twelve o’clock, in the Meth- Saige ‘churcdy, corner Madison avenue and 126th street. Bexeprer.—On MA ebgee / November 12, Saran pee gira daughter of harles H. and Augusta ‘The relatives and friends are respectfally invited to attend the iuneral, irom the Harlem Second Baptist church, 111th street, between Third and Fourth avenues, on Sunday, November 16, at twelve o'clock M. sharp, Bixpy,—On Friday morning, Nevember 14, after : lingering illness, Epwanp B. Brxey, in his 45th Funcral services at his late residence, 102 Presi dent street, Brooklyn, on Sunday afternoon, No- vember 16. Interment at Hopk 0 November 14, Boines,—Suddenly, on Friday, Mapeiay wile of James Bolles. The relatives and friends of the family are re- apeetfally invited to attend the funeral, on Sun- day afternoon, at half-past one o'clock, at her late residence, 428 West Kighteenth street. BRENNAN.—On Saheb ETE [pk nd 12, CaTita- RINE, beloved wife of Brennan, 4 native Te peripriay ~ of Seane ov) Kiikennry, ears Relatives nud’ inonds are lly Invited to attend her funeral, trom her late residence, 127 Wythe avenue, Brooklyn, to St. Patrick’s church, Kent avenue, where @ solemn requiem mass will be ge {or her happy respose, this day (satur- at past nine BYRNB.—On Thuradi November 13, Barnorr Axe, the peloved daughiér of Thotuas audontnariag ne, ] ‘Relatives aud friends of the family are resnect- fully invited to attend theffuneral, from her parental pe orl No. 510 West Filty-seventh street, om Saturday, November at one o'clock P.M. Her remains will be inte! tn Calvary Cemetery. Faltaelenie papers please copy. ATEN, —On jursday, November ALBERL CAHEN, aged 44 years. bod ‘The relatives and triends of the family, th members of the Con tion Adas #ianne, of Hoboken Lodge, No. 35, F. and A. M., and of tha Hoboken Quartet Club, are re: tfully invited to attend his funeral, on Sunday alternoon, November 16, at two o'clock, from his late residence, No, 8& Garden street, Hoboken, N, J. HopokeNn LopGe, No. 35, F, AND A. M,—Meme bers are hereby summoned to assemble at the lodge rooms ou Sunday next, November 16, at one o’clock sharp, to attend tke funeral of our late Brother Albert Cahen, Members of Hudson Lodge.’ No, 70, and Euclid Lodge, U. D., and of the frater- nity in general, are also invited. ROBERT A, ANDERSON, Master. Joun T. SEYMOUR, Secretary. CLEAVER.—On Thursdi November 13, 1873, Harey, infant son of William and Emma Cleaver, aged 6 months and 4 days, elatives and friends are invited to attend tho funeral, from the residence of his grandfather, Thomas Leavy, 130 Amity street, on Sunday, No« vember 16, at balt-past one o'clock, Ce Siete ergs) BO server as ha bce LNs, the only son of John ans 0 ed. 4 ci Ee 3 months and 16 days, bias ins, ag: "The funeral will take place on Saturday, Novem- ber 15, at half-past on o’clock, from the residence of his parents, 162 Leroy street, CopeLaND.—On Friday, November 14, JEnNTE F.,, daughter of John ©. and Ellen A, Copeland, of con« sumption, aged 12 years, 9 months and 5 days. 4 Relatives and triends of the family are respect- fully invited to attend toe funeral, from the resi- dence of her parents, 349 Sixth street, South Brookiyu, on Sunday, November 16, at two o'clock. P.M. The remains will be taken to Greenwood’ jor interment. ‘ DaaGetTr.—In Brooklyn, on Thursday, November 13, of membraneous croup, JOHN D, Daacerr, aged: 4 years and 8 months, only son of the late William. A. and Athalie Daggett. The remains. will be taken. to St. Louis for inc ee Tons (Mo.) pl uis (Mo.) papers please copy. DE Gnoor—Sundent . On Fuday morning, November 14, WILLIAM H. DE Groot, in his 620° year. Relatives and friends of the famtly and members o1 Bedford street Methodist Episcopal church, also friends of his son-in-law, Alpheus Freeman, are respectiully invited to attend the ral services, on Sunday, November 16, at four o’clocs P, M., from his late residence, 15 St, Luke’s_ place. EpMonpstTon.—In Hoboken, on Friday, Novem- ber 14, EL1zaBETH EDMONStoN, in her 77th yea! The funeral will take place from the residence of her son, 8S. S. Edmonston, No, 219 Bloomfeld street, on Monday morning at 10 o’clock. Eoan.—On Wednesday, November 12, JOHN EGAN, in the 40th year of his age, native of parish of Bai- lycrisna, county Galway, Ireland, The friends and acquaintances of the family aro respectfully invited to attend the funeral, from hig late residence, 398 Greenwich street, on Sunday, November 16, at one o'clock; thence to Calvary Cemetery. Akron (Ohio) papers please copy. Evrrs.—On Thursday; November 13, 1873, HERe MINE MARGARETHA 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 ctfully invited to attend her funeral, from 49 lonroe street, on Sunday, November 16, 1873, at half-past one o’clock. P FARNSWORTH.—On Wednesday, November 12, BLANCHE, eldest daughter of Mrs, Hattie A, Farns- worth, aged 9 years und 5 months. Z Friends of the family are invited to attend the funeral, from the residence of her mother, No. 360 West eeceean street, on Saturday, 15th inst., at Or eleven 0c) N.J., Lucy W. GaTEs, Gates.—At_ Montclair, wife of J, B. Gates, of pneumonia, ‘The funeral will take place on Monday, November 17, at Montclair. Carriages will meet the train by Morris and Essex Railroad, leaving New York at 1040 A.M. Relatives and friends are invited to attend. HENDERSON.—On Thursday morning, November 13, after a protracted illness, MARGARET, Wife of Isaac Henderson, in the 56th year of her age. The funeral will take place from her late resi- dence, No. 18 West Fitty-fourth street, on Monday, November 17, at twelve o'clock M, Hupson.—On Wednesday “eae November 12, Mrs. ELLEN L., whe of E. H. Hudson, in the 44th year of her age, and daughter of the Jate Mrs, John Mansfield, ol this city. The relatives and friends of the family are re- Leese invited to attend the funeral, irom her lace residence, 213 West Thirty-third street, on Sunday, November 16, at one o'clock P. M, Juge.—At Savannah, Ga., on Saturday, November 8, of heart disease, WILLIAM O. JUBE, age 36 years, 8 months and 28 days, Lewis.—On Thursday, November 13, Roperr I.) only son of Lewis J. and Amanda A. Lewis, aged 1 year, 11 months and 21 days. ‘The relatives and friends of the family are re- spectfully invited to attend the funeral, on Sun- day, November 16, at one P. M., from Bridgman avenue, near Monticello avenue, Jersey City Heights (late Bergen). MADDEN.—On Friday, November 14, 1873, MARY MappeEN, wife of William Madden, native of Athye, county Kildare, Ireland, aged 93 years, ‘vhe relatives and iriends are respectfully tnvited to attend her funeral, on Sunday afternoon, No- vember 17, at one o'clock, trom her late residence, No. 888 Pacific street, Brooklyn, and irom thence to Calvary Cemetery. MANSFIELD.—in Harlem, on Wednesday, Novem- ber 12, WILLIAM W. MANSFIELD, eldest son of tho late too John Mansfield, aged 61 years and 8 mon Relatives and friends, also members of Colum- bian Engine Company, No, 14, Volunteer Fire De- partment, are respectiully mmvited to attend the Juneral, from his late residence, No. 330 East 120th street, on Saturday, 15th inst., at one o’clock P, M. METHOLD.—On Friday rela 9 November 14, Mis ANNIE LOUISA METHOLD, in the 22d year of her rhe faneral services will take place on Sunday, November 16, at one o'clock P. M., at the residence of her brotner-in-law, Mr. John Mayrer, No, 339 West Twenty-sixth street, between Eighth and Ninth avenues, ‘The relatives and friends are re- spectfully invited to attend. MONTGOMERY.—At Nyack, on the Hndson, on Thursday, November 13, Lina, only daughter of James and Anna V, Z. Montgomery, aged 15 years. The funeral will take place at ‘Trinity church, this city, on Sunday, November 16, immediately after morning service. Relatives and friends are- invited to attend. NasH.—On Friday, November 14, PATRICK NASH, s nets of the parish of Kilbrin, county Cork, ireland. Relatives, friends and acquaintances are re- spectiully invited to attend the funeral, from his« late residence, No. 9 Boerum street, Williamsburg, L. I., on Sunday, November 16, at two o'clock. ‘OVeRockeR.—On Thursday, November 13, Eaa Mircuet, second daughter of W. F, and Mary E,. Overocker, aged 2 years and 22 days, Funeral from First Methodist Episcopal chureh, ye Point, on Sunday, 16th inst, at one: o'clock, PALMER.—On Friday, November 14, 1873, Davip PALMER, M. D., aged 83 years. Friends are invited to attend the funeral services at 295 Henry street, Brooklyn, this (Saturday) morning, at half-past eleven o’ciock. Remains will be conveyed to Greenwich, Conn., for inter- ment, by the 2:23 P, M, train of New York and New Haven Railroad. Paret.—On Thursday, November 13, STEPHEN PARET, aged 75 years. His friends, and the relatives and friends of the family, are respectfully invited to attend the 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. PHILLIPS.—At Greenpoint, on Friday, November 14, 1873, JOHN PHILLIPs, eldest son of Susan and the» late John Phillips, aged 36 years, 5 montis and 18 days. tno relatives and friends of the family, also the Members of Seawanhaka Lodge, No. 678, F. and A. M., are respectfully invited to attend the funeral, from the Tabernacle Methodist church, Union ave~ nue, near Noble street, Greenpoint, on Sunday, No- vember 16, at half-past one o'clock P, M, RyERsON.—On Thursday, November 13, MARIETTA. MARGUERITE, aged 15 months and 11 days, only child of Abram D. and Christina 8 Ryerson, daughter of George W. Lora, pa) Relatives and friends are invited to attend tho funeral, from the residence of the latter, No, 4 West Twenty-ninth street, to-day (Saturday), at eleven o’clock A. My SCHERMERHORN.—On Thursday, November 13, Mary Romer, wife of Azel Schermerhorn, The relatives and friends of the family are re- spectfully invited to attend her funeral, on Mon- day, November 17, at one o’ciock, from her late residence, No. 136 Concord street, Brooklyn, Scorr.—On Thursday evening, November 13, of of paralysis, Jonn Scorr, aged 77 years, he irien is of the Jamily are respectfully invited to attend the funeral, from his late residence, 61 Downing street, on Sunday, 10th inst., at one ‘clock P, M. 7 SUTTBR.—On Friday, November 14, 1873, Pacn GeRuaxp SuTTer, only son of John and Gesche Sut- ter, aged 1 year, 11 months and 3 days, neral will take place from his parents’ resi- dence, Middie Village, near Lutheran Cemetery, L. 1. on Sunday, November 16, 1873, at two o’clock . Me ‘THomrson.—In Brooklyn, on Wednesday, Novem- ber 12, Mrs. MaGatr V., wile of Joun Thompson and Youngest daughter of Mrs. Sarah A. and the late . H, Wilson, of Baltimore, in the 26th year of her serie relatives and friends of the family, we the ‘an members of Keystone Lodge, Ni . M., and Standard Chapel, No. ah, are reapecttnlly in- vited to attend her fune on Sunday afternoon, November 16, at two o'clock, from her late Fei dence, No. 83 Myrtle avenue, Brooklyn. Baltimore papers please copy. eines TowNsEND.—At_ Fairview, N. J., on Wednesday, November 12, JOUNS. TOWNSEND, Sr., aged 66 years and 22 days, ‘ Relative and friends of he Li Re ieere he fully invited to attend the fune! Y O- vember 16, at two P. M., from Rev. Dr. Taylor's church, Ridgefield, N. J. 14, Man fe of Ww 1. —O1 day, November. Any, wife 0! Wiltuin Walsh and déughter of Thomas and) Mary Marph parian of Gureiyanes, Con of Tipperary, Treland, in the 24th year ‘7, November 16, Fu will take place on Sun at, tn Oe, ren tne residence of her uncle, Laurence Bowe, 78 Carroll strect, Brooklyn; trom thence to Flatbush Camerety,