The New York Herald Newspaper, January 21, 1874, Page 8

8 THE COURTS. THE STUYVESANT? BANK. jinaemaaee Contracts for the Nuking of Beposits— lnpor- tant Becision by Judge Blatehford. BUSINESS iN THE OTHER COURTS. BE BO Pontinnation of the Benoni Howard Cown- terfeit Oase~Important Suit and Rul- ing as to Claims for Costs in Action, THE STUYVESANT BANK. The New York Savings Bank and the Sixpenny Savings Bank—Contracts for the Making of Deposits—What Consti- tates a Lien on the Asscts of a Bank- rept-Important Decision by Judge Blatchford. Yesterday, in the matter of the Stuyvesaztt Bank, & Pankrapt, Judge Blatchtord rendered 4 long, elaborate and impertant decision, He says the second section of the act of the Legislature of the state of New York, ‘passed April 15, 1853 (Laws of 2653, chapter 257), provides that it shall be Jawiui for any savings bank or institution fer savings in the city and county of New York, then @hartered, or that might be thereafter chartered, “to make temporary deposits in any bank or bauking asso- elation to an amount equal to ten per cent of the meteal cash capital stock paid ip of such Benk or banking associaton, and to receive imterest thereon at such rates, not peeding. that allowed by Jaw, as may be agreed upon, provided that all the deposits in any one bank or banking association whali not exceed in amonnt twenty per cent of all the @eposits belonging to such savings bank or Institution for mavings, and that no contract or agreement in relation to maid deposits shail be ior a longer period.” The third sec tion of said act provides that “it shali not be lawful for oF institution for savings to make r exceeding by 4 the huits above stheretor and equal Mm amount Banking Dank tor all sums cribedt such securit 35 the Comptroiler or Superintendent of the Department is now lawiuily authorized to receive in exchinge for bills or notes tor circulation.” The Fourth section of said act provides that “ail the assots of any bauk or banking association now or hereaiter to be Li become insolvent, shall, after provid 1t of its circulating notes, be applied ereot, in the first place, to the pay- m ny defeency that may arise on the sales of the securities aoresaid, and thereaiter, of any sum or sums ‘Si money de sited with such bank or banking asso tion by. any savings bank or institution for savings within the range of twenty per cent, a8 provided in the second section of this act" The first section of the act @r ihe Legisiature of the State of New York, passed April 3, 1308 (Laws pf 1558, chap. 136), provides Wat the tempo- rary deposits which any savings bank or institution for savings in the city and county of New York is authorized to make by the second section of chapter 257 of the Laws wt 1853, shall not exceed In amount twenty per cent of all the deposits belonging to any such bank oF institution tor savings, Dor shail the deposits of any such bank or insti- fut.on tor savings in any bank of issue exceed in the ag- @regate, at one time, phe sum of $100,100, TE SIXPRNNY SAVINGN HANK of the city of New York, a savings bank in the elty and county of New York. chartered by the State of New York as acorporauon. has proved against the estate of the Dankrupt a claim tor the sum of $23,261 06, with interest thereon at the rate of five per cen er annum. from the Ath of October, i871. In its proot ot de mmder the said two acts, it has a valid and just lien oo the estate of the bankrupt. and is, n the distribution and division of said estate, entitled to a preterence or priority @t payment to uny creditor of the bankrapt, other ‘Man the New York Savings Bank, on the ground that the said moneys were deposited and loaned under the ex. ress agreement that the Sixpenny Savings Bank should Beemutied to such priority under the suid two acts, and that the said two acts entered into and formed a part of the contract under which said deposit or Joun was made fo the bankrupt. THE NEW YORK SAVINGS BANK, asavings bank in the city and county of New York, chartered by the State of New York us a corporation, has proved against the estate of the bankrupt a claiut for the sun of $20,020 41, with interest thereon at ine Fate of seven per cent per aunum, trom the Lith of Octo- ber. Js71. In proof of its debt it ‘claims that under the said two acts, and its agreement with the bankrupt thereunder, and in pursuance thercot, prior to the in- solvency of the bankrapt or any suspension there: it is entitled to have its said claim paid in (ull out of Uh aasnets of the bankrupt before any payment is made to other creditors not entitled by law to a preference. As. suming that ail or some parts of the amounts of these claims fall within the terms of the provisions of the State acts, the quesiion arises wbetner the priority or preference claimed under the fourth se nm of the State act of 1855 can be allowed in the disiribution of the assets of the bankrupt. It is contended on the part of the savings banks that, by virtue of the agreements made by them with the bankrupt under and within the rovisions of the State acts, they acquired a lien on all Bie assets of the bankrupt, 1h case of insolvency, and are in the distribution of the proceeds of ts assets, entitle 4o the same preterence and priority of payment over its general creditors to which they would have been en- Titled if its assets had been distributed onder the state Jaws; that the provision of the futrth section of the - tate act of 1855 18 not an insolvent law; that it contemplates alien on the present and future assets of the bank; that all liens are inade in contemplation of insolvency in the saine sense as the lien creaved by the said fourth section; shat the Bankruptey act preserves all liens, both Jegai and equitable and all charges or en- ccumbrances, and except in cases of fraud on ‘the act, gives to the assignee in bankruptcy only such Fignts and interests in the estate of the bankrupt as the Dankrupt had or could assert; and that the rights ac- red by the savings banks under the State act were hts of property, in the form of contracts, constituting equitable liens which can be enforced against the estate of the bankrupt in the hands of the bankrupt, in case of Insolvency, if there had heen no. proceedings 1m bank- ruptcy. [have given much consideration tw the ques- tion involved, especially in view of the fact that, ata grin stage of these proceedings, 1 indicated an opinion support of the claims of the savings banks when the Question was submittea to me on written briefs. But an oral reargument and a full consideration of the provis- fons of the Bankrnptey act have led me to the conclu- gion that these claims cannot be allowed. I do not think ‘that those claims can, under the terms of the State act, Be properly comsiiered as rights of provert® in. hering in’ or adhering to the property of the bankrupt. The snyings banks, it is (rie, made contracts with the vankrupt, but these contracts were merely contracts far the making ot deposits and the pay ing of interest thereon. No partot the State act gives any lien for such deposits on any assets of the bank- Fupt. Those assets, consisting in part of tne moncys so Geposited, could be dealt with ana disposed of by the Dankrupt, tree trom any lien, charge or encumbrance thereon arising out of such contracta No provision of the State act purports to Interfere with the disposinon of the assets of the bankrupt until insolvency occurs, and then a rule for the application of such assets in the distri- bution of the estate of the bankrupt as the estate of an in- soivent debtor js created by the fourth section of the State act of 1853, But that rule establishes in tavor of the gavings banks no such interests in the property ot the Dankrupt that such property passes under the Bank- Tupicy act into the hands of the assignee, subject to such interes. * * © The twenty eivith section of the present act provides that certain claims shall “he entitled to priority or preference and to be paid in full in the following order.” Then follow five clauses. The fifth 1s, “all debts due to any persons who, by the Jaws of the United States, are or may priority or preierence. in like manner asif this act bad not heen passed.” This is Itmited to priorities ences created by the laws of the United States. Rot extend to priorities oF preicrences created by the laws ‘ot aState. Under it the State could have uo priority dor debts due to it which were not liens or securities, and but tor the provision, in the third class of priorities, tor such debts dué to the State, there could be no priority for such debts. * * * But such priorities or preferences cr Sted by State laws in the distribution of insolvents’ es- ates are not liens or securities or rights or interests in Property. it so they are not saved by the general scope of the Bankruptcy act, and they are not recognized oy ‘the twenty-cizhth section. The claims to priority on the part of the savings banks must be disallowed T. Haghsen tor the New York Savings Bank: D. Rowan for the sixpenny Savings Bank; ‘the assignee in Lankrupte: UNITED STATES CIRCUIT COURT. The Trial of Benoni Howard—Alleged Counterfeiting Case. ‘The further hearing of the case of Benoni Howard, ‘who is indicted tor countericiting match stamps, was wesamed yesterday betore Judge Benedict and the jury. Mr. A. H. Purdy, United States Assistant District At torney, appeared for the government, and Mr. Hunting- @on and Messrs. Plankman for the detendant. Among the witnesses called for the defen: John A, Shields, United States Comm duced his minates of the testimony of | principal witness for the prosecution, taken before him on the Lith of March, 1270, At that exammation Ripon stated that he had been, about eighteen or wweury months Breviously, introduced to the defendant by # person named Toft, (This evidence was introduced tor the pur pose of contradicting that of Ripon given on the sam mubect in the present trial.) police officer named Romer was called, and the de- to prove by him thet John Storer, one of the pund the alleged counterielt plave on the sea shore at Stiten Island, had said to Romer that he would make Staten | hot to hold How make bin sw: words to that effec ‘Was objected t ont as collater was Mr, . He pro- in Ripon, the ior would This offer ical chemist, was next ex- erteit plate was handed wo at some iength by Mr. Ben would have bean the effect considerable time sub -__fle replied that deep resuit. The present ap: dicate that It had been ‘corrosion would have been arance of the plate did no: for any length 01 tine in « x, ; ined the de- w addvess ! not con- Court. The ahe jury on the part of the ¢ eluded at the hotr for the ad) ease will be resumed to-lay Notice to the Bar, On Friday next, avcleven o'clock A. M., Ftates Cirenit Court, No. 41 Chay thanic! Shi ur: in the United nbers sreot, Judge Na n will eall the causes on the present ney ivposed Of to asceriain What cau, are ready for irial during the residue of the term. A\) members of the har who are eugaged | on ihe calendar are nouified to be prese COURT GF OYER AND TERMINER, The Michigan Extradition Case 4gain— Pleas of Guilty and Sentences, Retore Indge brady. A regulas part of the daily procegdines jy quis Cours jp eaiendar, trom No. 1 to No. 200 inclusive, such as ad not been all and answer entitled to a | ¢ first 20 cases | ¥ NEW YORK HERALD, W [ the case ef Joab Lawrence, arrested on an extradition | warrant granted on the application af the Governor of Micbican. The phuse of the case uuder discussion y Serday was a new writ of lrabeas corpus, the object being to get the henesit of au appeal. District Attorney Phelps insisted ‘that it was res adjndicata, two writs ha been already dismissed, Gn a point Tr Rot a bailuble vase, and that, In so, there Cuil L Peal. the tmrthe: nent of the cage Was adjourned Sieg tucther argument of the ca | Thomas Burns and Michael Nicholson, having been | found asivep in the allway of No. (lo rind indictine nt ¥ Was found agitine’ (is broot sb ried in tos etlects 3B. Mich arceny, and an attempt at rand ‘nd SIX Months 10 ehye y of an two years ¢ larceny, : Stuie Uri James De Was sent to «i Was sent tor larceny. He van pleaded guilty of peti be House of Be SUPREME COUsT—CHAMNBEAS. Special Pay of a Court tenosrapher. | Beiore Judge Lawrence. | Application was wade in this Court yesterday for an order t© show cause Why the County Auditor should not audit and the Comptroller pay Mr. Kobert Bonynge. | stenographer of the Cc ites of the Thomas and Foster cases. The inquates | were ordered by Judge Cardozo for the use of the The churges Were much less than the ordina) The Conrt approved the bi}, the sume was aw! allowed by the Board of’ Supervisors, and yet nOgT spt ourt. | the x cond not get his pay, Judge Lawrence | granted the application. | Decisions. By Judge Brad Schifer ve Brummer —Motion 2 By Judge Lawrenc Keesan vs. Waverley Maper Mills — Winsor va. Phoenix Warebousing granted, Bergen vs. Hausman, &c.—Granted. Kingsland, &e.. vs. Bardict Granted, Santora vs. buwinan.—Molion grante In the Matter ot Wardwell. —Granted. ont Wing Machine Company ve. Welispaugh.— | tran | "National Bank, Fairhaven, vs Phenix Warehousing Company.—Granted. Moore Vs. Auld.—Motion granted Vail vs. Bowman.—Motion granted. Powers vs. Suyder.—Motion granted, Ward vs, Goldstein. Granted Carrotl ys. Carroil.--Granted, MeCahul vs. Carrol!.—Memoranaam, Morgun, &c., vs. Ua —Granted. Hertielder Vs. fruc Wilson vs. Childs. Levy, &e., vs Green, Van Senaick vs. Higgins. —Reierence granted. Knapp va. Calesku.—keference ordered. SUPERIOR COURT—TRIAL TE2M—PART b Verdict nted. ed. | Company. —Order Against a Marine Company. Retore Judge Van Vorst, Henry A. Gadsden brought suit against the Commer- ciai Insurance Company to re for earnings 01 freight. He shipped 200 barrels of sugar on the bark | Vivid, and as the vessel lay in the harbor of M | sprung, «s he claimy k and the result was a dam: age to ihe sugar to fhe amount of $3,355 9, being the | | amount tor which the suit was brought. The aeience | ws that the vessel wis uuseaworthy, but if so, it was | claimed that the insurers had opportunity to know this | Insurance 3 | fact before effecting the insurance, A verdict was given | | for the ful! amount claimed. SUPERIOR COURT—TAlA’ TERM—PART 2. Suit Against a Ferry Company for Damages. Before Judge Sedgwick. i In July, 1873, Michael Lyon took passage on one of the | poats of the Greenpoint and Tenth street ferry. His story is that he was standing on the front of the boat and the latter came with such force into the slip as to throw bim forward on his face, when one arm fell on the bow and was crnshed as the boat struck the pter, inflicting such injuries as to compel amputation, He vrouyht suit against Mr. G.I, Knapp, lessee of ihe ferry, claimins $25,000 damages. ‘The detence way that the aécilent was the resuit of hisown carelessness: that he was im (he act of getting over the guard chain before it had been let down, when he stumbled and tell, and that throuy h such haste'and fall he met with the accident ihe ease was on trial for several days and resnited in a verdier yeater- Gay for $100 for the plainui Counsel ior plaintil were Messrs, “Kurzman and Garnan aud for the dejendant | Messrs, Wetwore and Jenner. SUPERIOR COURT—SPECIAL TERM. Decisions. By Chief Justice Monell. McTeague vs. Coulter.—Order denying motion. Wolt Ys. Jacobs. Reterence ordered. Fee ovinion, Alexander vs, Oddie.—Order denying motuon. Little vs. Vail.—Order granted. Reed ys. The Ocean National Bank.—Order grantea. COURT CF COMMON PLEAS—SENERAL TERM. Important Decision as to the Jurisdic- tion of the Court. Before Chief Jnstice Daly and Judges Robinson and J, F. Daly. } Tn the suit ot Hamilton E. Fowle against Hiram ©. Covert an important decision was ziven yesterday touch- ing the juris‘iction of the Court, Judge J. F. Daly wrote the opinion, which is as follows:—“This is an appeal from an order made at Special Term. The action was upon contract for the recovery of money only. Prior to the act (chapter 239, Laws 1873) this Court would have jur- stion of the action if the defendant resided in the i or Was served with the summons there! 38). The action having beeh orought aster the passage of the act aforesaid, the plaintiff on proot that ihe defendant was not a resident of this State, and could not be found therein, but had property therein Lia. Die to attachment, obtained an order for the publication of the summons and service by mail thereof and a wai rant of attachment against detendant’s property. failure of detendant to answer, and on proof of se by publication of summons and of levy under 1 tachment issued, judgment was entered against dete ant. The judgment was irregular, this Court not havin acquired jurisdiction (Sanders vs. Staten Island Railrow Company, Abb. U. 8.346), The order of publicati the judgment and all proceedings thereunder, the levy under the attachment must be set aside. The warrant of attachment will be set aside because it may be issucd hafore the summons is served (Woodward vs. Stearns, 10 Abb. U. 8. 595), bat deiendant may move to vacate it on further papers as le shall be advised. Decisions. By Chief Justice Daly and Judges Robinson and Larre- more. were affirmed in. the following case: Bi od, Carrington vs. 's. Boyd, Nicols vs, on, Oberdorier vs. ht | United States Patent Associats | Lowenstein, Dalion va Daily, Wilson vs. Burrall, Levi vs, | Dinsmore, Davis vs, stowe, Holloway vs. Devlin, Board of Commissioners of Pilots vs. Nesbitt, Rauth vs. Prout, Withers vs. Rvan, Delaney vs. Penson, Stiles vs. Dugrov Bliss vs. Hall, Brewster vs. Libby; The Long isiand F rous Viaster Company vs. Dunn, Dorman vs. McCarta Barlow vs. Anderson, Day vs. Mansfield, Wilson v Charles, Wemming vs Day, Pen vs. Middlebrook, Murphy Haight, McBride vs. Steggmman, Brown Wetmore, The People ex rel. Fullerton vs. Warren H. Green. Coffin vs. Coflin, Nash vs, Swann, schuyler vs. Flen, Fogg vs. Gilmore. Judgments were reyersed in the following case: Weed Burt, Hirag vs. Mower, Schiller vs. Weber, Brookman vs. Erie Railway Company, Sommerville y; gelere, The Bund Sorgenfrei vs. Dauscher, Tracy v Nierman, Boyd vs. Segar, Howetls vs. Dickerman, Indus- trial Pullication Company vs. Meyer, Smith vs, Onder- donk, Delmonico vs, Koeppel, Chandler va’ Sutton, Mellen vs. ‘arroll vs. Third Avenue Railroad Company, Fowle ve. Covert, Bauer vs. Fink. Drew vs. Lawrence, Dixon vs. Fugzi, The People ex | rel. vs. Oriando Stewart, Ording vs. Gherkin.—Appeais | dismissed. Ripley vs The Mayor. issed. There will be vo meetings of the Court until the first Monday of next month, at which time decisions will be given in the cases argued during the present term. MARINE COURT—PART 1. The Mayor of Poughkeepsie in Court. Before Judge Alker. Smith et al. v& Mastman.—The defendant in this case is the principal of a business college bearing his name at Poughkeepsie, Mayor of that city and a member of the Legislature. In the summer of 1872, being then about completing a handsome block of residences, known as Eastman’s Terrace, ne cailed upon the plaintiffs, dealers in cut and embossed glass in this city, to obtasn from them au estimate for the supply of cut giass for various doors and windows throughout the buildings, which visit resulted in thelr furnishing the glass forthe first house to his satisfuction. In August of the same year a con- tract Wasentered into between the parties, by which it ‘was agreed that for the sum of the cut glass for the remaining pine houses was to be furnished by plaintiffs according 10 Gerigns then furnished by the defendant. Within the next couple of months the giass Was prepared and sent to Poughkeepsie, and ut in by defendant's workmen, and here ment commenced. One of thé plaiatitts at, hearing nothing from the defendantin an- | requesting payment he made a visit to found tue Mayor surrounded by political f iB answer tua request for payment was told L ho time to fool with him the: somewhat sim was then wld t on @ second visit recelving a E ar pressed his ctat 16 got the defendant to aS Stated to be that the that he (plaintif!) pointed out that the trouble was caused by detendant’s own work. first sent incor ements, i at tempt ify which they «lasses down mi one side: that defendant replied that he did not whose fault it Was, that he was not going to pay. Viaintit says that, not Mking to Nave a suit with the Mayor, a new contract, by which fi patterns were he entered in } to take ont aad recut of th nd Make th | job possible under circumstances, and rece { small additional sum for his trouble: that this vextormed and he again sought te ¢ Was met pleasantly by defendant, tec toa rand invited to hisoffce; that he was lett | c ve for Awhile, and on defendant’s return and | aturther application for the bill was told by derendant { that he had just ordered his counsel to commence a suit | against plaiiititis tor $1,00), and that he might sue, ac. ! { for his DHL. The defendant testifies to quite a diferent | He admits (he first contr: as state nd state of tacts. A second one to. the effect of being dissatisied with the | Work the plaintiffs were to make it conform to the agree- | ment. fe totally denies that any detects were caused by | his workmen, but says it was all plainti uit, and | contradicts plainti® as to the various interviews, saying | that he was always ready to pay when the work was | done properly. A counter claim is also set up on his be half ior #140, being the value of the designs which wore jot rewrned t him. To this plaintiffs reply that they were made a present to them by defendant, and being of no use were used to Wrap up putty In. On a former trial | of this caso the jury disagreed. “On this trial a verdict ered in plaintiffs’ favor for $60). MABINE COURT—PART 3, Important Suit and Kuling as to Claim for Costs in Action, Before Judge Gross, | i | John A. Sooker and Otbers vs, Lavinia 8, Wolff,—This Actions Uriggl 16th January just, wag brppeby by piain- } whieh co. | rendition of rtos Over and Terminer, $59 for | $ } that for when indgn | Grecks. ‘They swore that the complainant had a knife, and Brady, ving that he and his compailon we going to attack him, tired the pistol. Ata lat tiffs to recover from defentant £83 70 and interest, bal- ance claimed to be due for goods sold and delivered. endant by her answer wami's the purchase and of the goods; denies the indebtedness in amount as claimed, and’ says that the balance unpaid is only and “hereby offers to cemfess judgment to the the said sum ot $47 7, with mterest trom 2a ust, 157% less ber proper costs of this action drought against her, aud the allowance of » she hereby demands.” suduut comvineed the jury that she as $lL tor whiel ale had not been ered a udgient tor the sun of 345 10 being the amount admitted nan: wero be due lak rest adduat 24 pardes eltim to © enuiied wo osts. defendant contends that plantitis are not led sis or disbursements bee: rst (ther and secondly, because of the On ‘he trial the dy had pai to ihe plain edited, ant plaintitts r en to ¢ recovery is less than $6 ) offer of judginent in de endant’s answer. 1. Coste are regulated by statute, and are to b m accordance wih the s is7Z in re: adgmen! provides thi 629, this Court, ¢ 2 tons, proceedings a shall be had said Court un the pleading and p a they are now had betore the said other Col record, except When, ani as, otherwise directed by U r the ts, and only spe ant when a& tor any cause, In au! dete dant shail hy nt is rendered with A an issue ol tact” * tax and insert their costs, Hall nee At on appire notice (othe adv {led to the ¢ ed that the provis Xt the provisions.ot tue wet cited, als “all acts and parts ot acts int aust he plaint 2 appearance by th ni $10 when jude: O When A Trial a clerk stall 1 ree cousaste! 2 The det judgment is nots quired ton 3x5 of code. The ofer con: by th on must be absolute and mnconditional |The offer made by defendant was “to confess judgment” tor “y praper costs,” &e. Mie tact that ht have moved for cudsment for t ito be due makes no diflerence, Had ti sdant been Unconditional the non accepta the ufer and the recovery 0: no greater amount t nt was offered Wou'd have entitled the defendant to her costs against the plain: iT. Jn my opinion the defendant is mot enutied to any costs, but she is entited to her actual disbursements (AE BLD. The plumtiff is not entitled to any costs nor disburse- ments as aganst the de‘cndant, his recovery being less Uian $50. INARINE COU: T—CHAMBERS, Decisions. By Judge Joachimsen. Devornas vs, Sch Nowon lor judgment granted, without costs Leon ys. Ballon.—Motion to set aside defauit, tc. Tuned, without costs, and with Lave to deiendant to Meret ciel ati Murray be Same vs. r appiy on motion, ke order. Suyters vs. W Motion fo open deiault granted ; $10 M ervs. Rud 1.—Motion granted, with costs toa vent. Headiey vs, Bayles —Motion to substitute undertaking ranted on lerms, w Keport of referee confirmed and . With $10 costs, ys. Crawtord.—Modon granted on terns. q eney vs. Foran,—Motion denied, with $5 costs. Nost Stiners.—Mouon to open judgment to open judgment stant ‘Motion granted without costs. .—Motion to set aside service of costs and liberty to renew. ion for further bill of particulars Cogwell granted chyan vs. Moffat.— otion granted, costs to avide 1. rk vs. Hoffmann, Motion to vacate judgment din part on term: jon for leave to file amended -osts, and with liberty to renew answer denied, wi motion at trial term. Danker vs. Adams—Motion to strike out answer de- | nied, with $10 costs. vs Middlefield Marble Company.—Motion granted, costs to abide event, Hirschueta vs. Loeb.—Justifieation of bail; ordered to proceed. CCURT GF CENERAL SESSIONS, Assault Upon a Greek Sailor. Before Judge Sutherland. Yesterday, in this Court, James M. Brady was placed on trial, charged with firing a pistol at Michac! Par. linez on the 19th inst., inflicting a wound in his thigh, The statement of the complamant and Constantine P. Tzakonas, his companion, who were Greek sailors (whose testimony Was interpreted hy the Greek Consub, Was thaton the nightin question they were in Thomas Wilde’s liquor saloon, corner of New Chamber, and 5 ets, and upon leaving there were fo'lowed by ndant and two others, who put their hands in pocket, The complainant pushed them away, whereupon Brady drew a revolver and fired it ihe tes timony of the accused, of the saloon keeper and of a commercial traveller, hamed Walsh, was in direct op- siiion to the verston ‘of the occurrence given hy the jury rendered a verdict of guilty of an assault with a durgerous weapon with intent to do bodily har ury recommended hit to merey the Jitd prisoner ty the State Prison ior two years aud months. Highway Robbery. Thomas Cummings was tried aud found guity of an attempt to rob Theodore Tuberty on Christmas night, in Elizabeth street, between Hester and Canal streets. ‘The prisoner was associated with others in rifhng the pockets of the complaining witness, but it turned out that he had only ten cents on his person and @ Masonic manual, val- ned at $4 50, which were taken. His Honor sentenced Cniomings to the State Prison for five years. An Assault with a Stone, James McCann, who was indicted for firing a large | Stone at Robert W. Seaman, on the 2d of this monthy pleaded guilty to assault the Penitentiary for one year, Carl Wiseman and Johir ox, boys, pleaded gnilty to stealing two canary birds valued at $%, the property of Amiold Nordaine. They were sent to the House of icf. uge. " Acquittals. John Frawley, who was charged with stealing wearing apparel valucd at $68, owned by Johanna Arnold, was d_ battery. He was sent to | acquitted, there bemg no legal evidence to sustain the allegation. WillLam Foster wes tried upon the charge of stealin onthe 2d of December, $50 {rom the table ina ball room, the proceeds of a benefittor a poor woman. A tithes positively swore that he saw Foster snatch the money, and he was arrested on the spot. The defeua- ant. however, proved his previous, good character, and, having his mother, wie and baby in court, the jury-were so impressed hy that species of evidence that they ron. dered 4 verdict of not guilty. JEFFERSON MATKET POLICE COURT. A Murderous Assault. On the night of the 9th day of November last Mr. Jacob Finch, of No. 173 Lexington avenue, was passing through Thirty-fourth street at halt-past eleven o'clock, and when near Tenth avenue was assaulted by two men, one of whom seized and held him securely while the other Stabbed him five times, four of the wounds penetrating the left lung, as stated by a pliysician. While the wounded man was in the hospital two men were ar- rested and taken before him, and he at once recognized them as the men who had committed the murderous assanit. ‘the men gave their names as Jeremiah MeGuire and John Adams Yesterday they were arraigned tt the Jefferson Market Police Court, and through their coansel, Messrs. Price and McUleliand nade a strong defence, but were nevertheless committed tor trial in default ot $3,900 bail. Captain Williams’ Vagrant. While riding up town Monday evening Captain Wil- liams, of the Bighth precinct, noticed as a fellow pas- | genger an individual by the name of “Red-nosed Joe;” atleast that is the alias under which he travels. The valiant Captain seized “Joseph”? by the collar and dragged him off the car and to the station house. Yes. terday morning he arraigned his prisoner at the Jefler- son Market ice Court on a charge ot vagrancy. The prisoner employed as counsel Mr. McCieiland, ‘and set up as his detence a roll of greenbacks amounting to $96. Captain Williams was surprised, He saw the prisoner could not be held on this charge, and therefore instantly charged him with being a thief. “Prove it,” demanded counsel. At this jahcvare the Captain became just a little berti- cose. Perceiving this, counsel went “for him” in a most ner. ‘ever catch that fellow ina car again I'll break his back,”’ put in the enraged Captain, “That's it”” continned the counsel. “I said you were a bully, Hast thou seen a farmer's dog bark at a beggar. and bast thou seen the wretch ran irom tte curt Then thon mightst have seen the great danger of authority—a dog’s delight in office.” ‘The Captain, almost beside himself with rage, left the court room. Supnunx Coort—Cuannrns. Nos. 75, 27, 52, 72, 79, 9, Ai 103, 1085 110, 116, 118, 134, 182, ‘Sin, aps,* $70, cat Surnewe Courr—Cracorr—Part 1—Held by Jadze Bar- rett.—Nos, 11, 1059, 677, 1005, 17% 19, 2549, Sel, 735, 2315, 219, 682, 715, 277, UWL," 1135, 1157," 1174, LSI. Sorrewe Covrt—Grxerat Teew—Part 2—Oase on, Scranion Courr—Trias, Terv—Part 1—Held by, Judge Van Vorst.—Nos, 635, 155) 27, 61, 1899, 723, 771, 519, 67. Part 2—Held by Judge Sedgwick, —Nos, 812, 814, S16, 67654, 906, 454, 300, 8, 670, 728. 72, 74, G78, 796. Mauing Count—Part |—Held by Judge Alker,—Nos. 1SU0, 4154, 4155, 2358's, 2 2005, 3146, $176, 3210, 8222, 3770, 402", 828, rt McAdam.—Nos. 27y/. 2: 3030, 3115, 3159, 31 Gross. —Nos. 3869, Ale: 2070, S18, 3708, 344, Boe, 412 DOURT OF GENERAL d.—the People vs. ‘ame ys. Joho Clinton, Peter Kroons and Robert | Mary Sburtlefl and Jame: son, arand larceny; Same y larceny; Same vs Catharine grand larceny; Same vs. Thomas M vs. Mary Miller, grand laroen Same vs. dames Mitchell, grand ta goods; Same vs. Jolin Conne vs. John Barnard, petit larcen arine MeNally, grand es and Mary Drew, Langnlin, —~; Same y and receiving stolen goods; ny and receiving s) petit lareeny: ‘Same vs, John vn, polit larceny; Same ys, Michael Glover, selling lottery polteies. R Count oF Over ann Trnsttve Heid by Jadge Brady. le va, Hora f 4s Dominick Kil- ONY § dames Sullivan, petit Thomas Mulholland, homicide, BROOKLYN COURTS, SUPREME COURT—CiRCUIT. Another Alleged Breach of Promise of Marriage=The Wedding Day Fixed but No Bridegroom Fforthcoming=— £10,000 Damages Wanted=An Interest= ing Case. Refore Judge Pratt, Miss Jeannette H. Aammond, of Peekskill, yesterday brought suit against William M. Dean, a merchant ot Third avenue, New York, for alleged breach of promise of marriage, nd claimed $10,000 damages, Miss Ham- mond, Why js # decidedly pretty youys lady, akegs mine. EDNESDAY, JANUA | | teen years of age, was attended by her moter, aunt ana other relatives, and was, of course, @M obect of great interest to the crowd in the court, The defendantis an ordinary looking man, apparently alout thirty-five years of age. he ts of light complexion, fms tawny side whis kers. ands partially bald. All the parties occupy @ vod social powition, aga, this Bet lent an addinonal M.erest to the . The case tor ine uineetie As this:—In the winter of 15 hef awnt, Mrs. Noe, of 0. 236 k. Miss Ham’ ‘ts ‘Twent street, Newy York, and met th ata reception of the Lexington Club, of which he ber. Mr Dean was smitin by the young lady's uuty and inanners and was marked tn his atic to her. He invited her te xeeompany him ous rid the following Sunday, bat sh He then cc t 4 to visit her rthelr aeqnaint- ance been at she trequently rode out with fim, He acied most uberally towards her, thouga bis reputation tor liberasity was no the very best, ‘This state of ailairs continuea until March toMowing, when be proposed that she should marry him. The ma- ternal approval was vecesary, and Jeannette said she must frst consult her moter. vean pressed her to Marry Urivatery Lut she peremptoriiy declined to do so, He Intmared Hac it thar amon was prevented he would go and drown him ell, and then wanted Jeannette to sear ona Hible thatshe would marry no one hut himsell. Jeannette was tru, huwever, ana replied that her mother ust frst be consiited before any promise was made. Mrs, Hammond subsequently came to the cityand the three met, Lean represented that he was wealiby; that should have rere comfort, and the result was he pte. July 3. following, Was fixed as the mar- ay. The “hapiy man” suid that his mother ap- broved or the match also, and, everything being settled, preparaiions were made yn quite ait ex'ensive scale fur the wedding, she young lady's trousseau Was prepared, and everything was in readiness for the event. + True, the young lady had come down from her lofty Visions of a "palatial home to a couple of roomson Third avenue; bat still she was happy. Dean had promised to have 'a | Lexington avenue tor them io live in, and had even p: the identical mansion. Then he dropped toa boarding honse, and then again to the rooms on Third avenue, for whieh he paid 8: month in advance. The next thing he did caused a great shock tO.Jeannetie, Shortly after securing these rooms he visited Mrs, Noo's and solemnly declared that the wedding would have to be put, off, aa his father objected to it, and it he displeased him he would be cut off. Jean- netto’s griet had no effect upon the defendant, save to Prompt him to propose a compromise by postponing the wedding until fall. This wouid hardly do. it was now only about @ week betore the day fixed for the ceremony, the minister had been engaged, invita- tious Nad oven’ issued and Dean was now firm and de- clined 'o marry the plamutt, On the part of the delence the engagement is not de- nied, but Dean alieges that the plant represented her parents as. Ndeberape 4, hat she agr to & postponcment of marriave uniil fall: thet she acted coldly towards Lim, and, finally, wat this st is a speculation. The trial Was commefced yesterday aiternoon, when testimony tor the plaintiff was introduced, and coutinued ont the Court rose. « ‘rhe Cemetery Casualty. The jury m the case of Charles Lifler against James Smith, an undertaker, rendered a verdict in favor of the deiendant, The case was reported yesterday. The piain- tiff sought to recover $5,000 damages tor the death of his iniant son, who was thtown from a coach by reason of a collision with the detendanc’s wagon in the Cemetery of Lvergrecns, at Kast New York, The child died sev- vs aiter the accident. SUPREME COURT—SPZCIAL TERI. Important Railroad Litigation—What is a Valid Service on a Foreign Corpo- ration ¢ Before Judge Tappen. A suit has been instituted by Henry Clews and others vs, the Rockford, Rock Island and St. Louis Railroad, to recover $45,000 damages for an alleged breach of con- tract to deliver $50,000 in amount of town bones, An at tachment was issned, and the only thing claimed to have been attached is a sult pending in this State and another pending in Pennsylvania against Henry H. Boody to recover nearly $300,000. On December 27, 1373, ‘8 of the summons and complaint were handed to ’, M. Osborne, of Rock Island, Ill., who bappened to be in New York city. This attempted service is now sought to be set aside. Mr. Osborne swears that he is not and has not been an agent in any sense, gnd is and has been only the defendant's solicitor in certain mat- ters and not # person on whom service could be legitly made. The question invoived in the motion is one ol practice under the code, and turns on the point as to what constitutes a valid service on a foreign corpora- tion. On looking over the papers, which are voluminous, there appears to be no question thatthe defendant is & foreign corporation, The summons was served on Mr. Osborne wile be Was stopping at the St. Nicholas Hotel. In his atiidayit Mr, Osborne admits that he had acted as General Soilcitor tor the corporation as to most but not as to all ov its Mitigation, and avers that he had uo authority to accept service of papers for the said cor- poration. At the time of the service the defendant, i alleged, Wasa foreign corporation within the meaning of the code, und (hat the deponent was not one of ils officers or agents; chat he is its general solicitor only by sbeciatl appointnent trom time w time tor special ser- that he was not admitted to. practice in the State of New York and is not the attorney of the corporation in reference to this parti-ular claim. A copy of the war. ALot attachment to Sheriff Willams and his return is to My. Osborne's affidavit, and John 8, smith deposes that he believes the plaintift intends to endeavor to obtain judgmeut wnder the attempted service of the summonson Mr. Osborne. The contract between the plaintif!’ und defendant was thata pending ‘smt should be discontinued on payment of the sum of money tor whieh the present suit is brought. The Sherufs return is to the ctiect that none of the de- fendunt’s property Was in his po: on. The answer of the other side alleges that the defendant has had tor several years an oftice at 71 Broadway and elsewhere in New York, where regular mectinzs or the Board of Die rectors are held; that, in pursuance of an order obtained trom Justice Gilbert, the sheris! levied on property in the possession of H. H. Boody, of Brooklyn; that none of the persons holding the official relacion to the company pre- scribed by section 134 of the code were in the eity, where fore service was made on Charles Osborne, the general solicitor of the company, who had, in accordance with the byiaws of the company, supervision and charge ot all the business of the company Acertificate of the Secretary of State is annexed, to the effect that there wasno person designated by the de- fendant as residing in this State on whom service of could be made, as required by chapter 279, Laws Tappan’s dectsion was as follow: that the deendants established a place of business in New York city; Uatthey did not.designaw any person on whou serviée o) papers might’be made, and that the stimmons Was served upon a person who Was their gen- eral solicitor or counsel. The motion to set aside the service is therefore denied, with $10 costs, to abide the event.” It is shown CITY COURT—SPECIAL TERM. A Social Scandal—A Mother Seeking Possession of Her Child From Her Father-in-Law—Husband and Wife Separated by Intemperance. Before Jade McCue. Mrs. Mary Loughran, a resident of the Eastern district, has brought a suit against her father-in-law, Mr. John Loughran, to obtain possession of her daughter Mary, aged about four years, who is now in the custody of Mr, Loughran. The parties to this suit are well known in the section of the city where they reside, and this proceed- ing and the circumstances leading to it have given rise to considerable scandal among their acquaintances, Mr. Loughran is reputed to be very wealthy, and resides in Rodney street. Lis son, the husband of the petitioner, is somewhere in the western part of the State, and has not lived with his) wife for a number of months fhe allegation is that they were both addicted to intemperance, which led to the separation and the removal of their two children (one of whom is a boy) by Mr. Loughran, Sr., to his own home. The mother seeks to gain custody of the gir) only, Mr, Loughran opposed the application on the ground that the mother 18 not a fit person to have charge of the child in consequence of her dissoluteness, He turther claims that betore his son went away the latter told him to Keep the child with him, z, Mrs, pea poe charges that the little one was taken from her without her permission. On the Slst of August last the deteadaut obtained possession of the child by representing that he destred to take her along with hin on a ride to the seashore, and since that time she has been in his possession. The case Was before the Court yesterday. The wit- nesses Were numerous, being principally Semposed or iy attired, and their en- Jadies. They were all fashion trance created quite a stir among the spectators in the court room, Among the other witnesses subpanaed ‘Were Captain Wogiom, of the Fifth precinct; ur. Ma- Jone, Mr. Charies D. Simonson and others, Mrs. Loughran, who is rather a good looking woman, yparentiy about twenty-eight years of age, denies the charges against her, and asserts that she is fully capable of supporting the chila and isa proper person to hava charge of her. She is now working at hat making in New York, and proved her occupation by the testimon; of her employer. Other testimony was introduced set- ting forth that she was not intemperate in her habits Soe thet she was a proper person to have charge of the child. Decision reserved. COURT OF APPEALS, Decisions. Aunany, Jan. 20, 1874, Judgments affirmed, with costs-—Fossin vs. Hubbard ; Harris vs. Jox; Halsted va. Hatsted; Schermerhorn vs. Gregg; Ploetierell_vs. The Mayor, &c., of New York; Simon Lyons; Lapham vs.’ Rice; Fearing vs Irwin; Pratt vs. The New York Central Railroad Com- pat Judgment reversed and new trial granted, costa to abide ovent.—Arthur vs.Griswold; Gordon vs. Bophe; Meyer va Huncko; Cameron vs. burkhelm; The Oceai National Bank ot the ity ot New York vs, Carll ; Deo, ys. Shaeier; Nelson vs The Plimpton Fire Proof Com: pany. MVudament affirmed without costs. to either party in this Court.—Lennon vs. The Mayor, &c,, ot New Yor! Judgment cf the General Term afirmed, with costs.— Canady vs, Stiger. Judgment reversed and a new trial panes. costs, except of this appeal, to abide event unless the plain: tiff stipulates 10 rediice the recovery to $202 18, with interest trom November 2%, 1869, aud if he so stipulates then the judgment thus modified aMrmed, without costs tovither party.—Lumbard va. The Syracuse, Bing- hampton and New York itailrond Company. Orders of Geverai Term and Spec ‘erm reversed and order for a mandamus granted, with coste.—The People ex rel. Williams vs. Dayton. Order granting new trial affirmed, and judgment jute for defondants, with costs,—The People vs. The tial Bourd ; Osgood vs. Strauss, order of General Term granting a new trial affirmed, and judgment absolute tor plaintiffs, with costs.—Ba hard ys. Campbell; The Argus Company vs The Mayor, and proceedings remitted fer a rehearing and restatement ot accounts by a reterce to appointed by the Supreme Court.—Darling vs. or, Calendar tor To-Day. The following {s the Court of Appeals day calendar for 30, BI, BL 7g, $2, 3535, 53, January 2b:—Nos, 23, 29, THE EXCISE LAW IN BROOKLYN, The Germans of Brooklyn are moving en masse against the tyrannical requirements of the Excise law and the manner in which it is enforced by the nd magnates in that city. They have organized iquor and lager beer dealers’ associations for the purpose of opposing the law as at present enforced. A committee of Teutons waited yesterday upon the Police Commissioners and argued that ey snould be permitted to keep the front doors open on Sunday go long a8 they kept good order within and had the blinds down. The Commissioners de- murred and declined to accede to the modest de- emits the i anorey: e ne : eerng of iquor dealers will shor om fy Brooklyn Upon the subiect. mI RY 21, 1874,--TRIPLE SHEET. ADDLED ASSISTANT ALDERMEN. The Fight Over the Presidency of the Board for 1874—Proposal of a Compro- mise by the Corporation Counsel Scornfully Rejeected=A Final Decision in the Courts, ‘The quarret in the Board of Assistant Aldermen over the Presidency of that body or the current year is still waxing fast and furious, and it is now settled that the matter must be finally decided 1n the courts, and that besove the end of the present week, A HERALD reporter was informed yesterday even- } ing, bya leader of the democratic wing of the Board, and a prominent member, that, Corporation Counsel Delafield Smith, who recently gave an Opinion that President Wade (repubitcan) could not he removed from his position, according to the terms of the charter, beiore the Ist of January, 1878, except by a four-fliths vote, had proposed “a SompKomine. The Corporation Counsc!, he said, “TAKEN WATER” on finding that Mayor Havemeyer had disagreed with him on the question of the Presidency of the Board of Assistant Aldermen and Commissioner Van Nort op the opinion wich he recently gave regarding the right of the Common Council to order the roadway construction of Riverside ave- Bue and the streets adjoining’ Morningside Park. According to tins authority Mr. Delafleid Smith had ‘gone back” on his previous positive expres- sion of ominion that Assistant Alderman Wade could not be removed before the Ist of January, 1875, and had proposed, as a compromise between the dissenting factions in the Board, that some other republican member should be ected for the Presidency beside Assistant Alderman Wade. ‘This proposal, which was very recently made, the democrats say they SCORNFULLY REJECTED, They say they are determinea to have @ final settlement o1 the dispute in the courts alone. In reply to some turther juquiries from the re- porter this gentleman said that his party had de- termined that the decision shouid be made a mat- ter of court record, so as to prevent all bickerings or cavilling in the future, The dispute could not be rejerred to arbitration, for it was u pure ques- tion of iaw. fi the repuphican members of the Board were unwilling to go into court as plain- tiff’ the democrats woula. The case may be sent to areieree, who would report to the presiding judge, but the democrats would insist that the final decision be made a matter of court record, Which it would be impossible for the republicans to override by any suvsequent effort. The re- orter made efforts to find Corporanon Counsel Delafield Smith last night, but that gentleman is coniined to his room by & severe attack of neural j gta. The difference between the case of the Cluef Clerk, which was settled at the last meeting of the Board, and the President 1s that a simple majority in the Board was sufficient to appoini the clerk, while, according to the Corporation Counsel, it would require @ four-fifths vote of the members elected to the Board to remove the President ac- cording to.tne terms of the charter of 1873. The democrats of the Board are prepared to go into court as either S PLAINTIFFS OR DEFENDANTS, as they claim that President Strack was only elected for one year, The final settling of this mat- ter is of much more tmportance than many people imagine, tor the reason that the legality of tue standing committees of the Board of Assistant Al- dermen is questioned, and without them it will be a matter of great diticulty to proceed with the public business, DISBURSING OITY FINANCES, Charitabie Appropriations. A special meeting of the Board of Estimate and the Comptroiler’s Office, Mayor Havemeyer presid- ing. Present, the Comptroller, Tax Commissioner John Wheeler and Mr, 8. H. B. Vance, President Board of Aldermen. ‘The Comptroller offered a resolution appropriating $25,000 for the purpose of street cleaning during the month of December, 1873, which was adoptea, A resolution was adopted appropriating, under the head of Maintenance and Government of Parks and Places, $6,876, the amount to be translerred from the Appropriation for Con- tingencies. Mayor’s Office, for the year 1873, 25,775,, and irom the Appropriation for Con- gencies, Departwent of Taxes und Assessments, for the year 1873, $1,100. A resolution Was adopted appropriating $15,293 to the New York Society for Ruptured and Crip- pled—the amount to be trausferred from the ap- propriation for New York Juvenile Asylum, tor 1872 $10,000, and the Union Home and School, tor 18' 5,293. The Comptroller’s motion, that New York city bonds to the amount Of $20,000 pe issued to pay claims and judgments, was adopted. The Comp- troller then moved that the sum OF $52,901 be ap- propriated on county account under the head ot armories and ari] rooms, the amount to be trans- ferred from the appropriation for election ex- penses lor 1873, The resolution was adopted, A resolution that the sum of $2,934 be appro- priated under the head of County Contingencies— the same to be transferred from the appropriation jor extra contingencies jor 1873; $84 and election expenses for 1873, $2,550, ‘ne motion was adopted, Another resolution, authorizing the Comptroller to issue $50,000 New York county bonds jor the liquidation of claims and judgments, was adopted; also a resolution appropriating $7,354 to the New York injant Asylum—the amount to be transferred from the appropriation for Roman Catholic House of the Good Shepuerd for 1873. The Board then adjourned, CITY AND COUNTY TREASURY, Comptroller Green reports the following disburse- ments and receipts of the treasury yesterday :— DISBURSEMENTS, y Claims paid—No, of warrants 37 amounting + $102,757 Pay rolis—No. of warrants... 2 amounung. 1314 Totals. NS E) $104,072 necuiprs. From taxes of 1873 and interest. $12,048 Vyom arrears of taxes, assessments and interest... 23.258 From collection of assessments and interest. 14,968 From market rents and fees. .........0..+ cat) From interest on honds and mortgages . 264 From water rents.. + 1,05E From licenses, Mayor's oi “— ne | From fees and fines, District Courts. i es $51,882 MARRIAGES AND DEATHS Married. ConreELYOU—ALLEN.—On Monday, January 19, 1874, py Key, William P. Abbott, GEORGE H. Cor- Behl to Miss AMANDA M. ALLEN, both of this ty. KIRTLAND—LokD.—On Thursday, January 15, at the resideuce of the bride’s parents, by Rev. 8. Bease, F. A. KIRTLAND, of New York, to Miss Ava A. Lorb, daughter of Hon. Daniel Lord, of Maine. No cards. MILLER—SANFORD.—On Monday, Januarv 19, 1874, wy the Rev. J. Cobb. C. MILLER, of Brooklyn, N. ‘+, to M. SANFORD, of Englishtown, N. J. ‘THOMASSON—HILL.—At New Brighton, 8. L, on Wednesday, January 14, by Rev. Hamilton Lee, JouN J, THOMASSON, of New York, to SaARat! CuRis- TENE HILL, eldest daughter of A. J. Peniston, Esq. Birth. LaFoncE.—At Rossville, 8. 1., on Monday, Janu- ary 19, Mrs. GronGr W. LavorGe of a daugnter, Both mother and child are doing well. ALLEN.—On Sunday, January 18, 1874, Mrs. ABBY M. ALLEN, in the 73d year of her age. Funeral on Wednesday, 21st inst., at ene P. M., from the residence of her son, Robert S. Allen, 429 Clermont avenue, Brooklyn, N. Y. Goshen (Orange county) papers Biease copy. BALLIN.—At St. Reno, ltaly, on Friday, January 16, Lupwia F. BALLIN, eldest son of Eugene 8. and the late Miriam Ballin, in the 27th year of his age, Banngs.—On Monday, January 19, 1874, Carnir M., daughter of Samuel D. and Susan M. Barnes, aged 26 years, ‘The relatives and friends of the family are respect- foily invited to attend the funeral, on Thursday, January 22, at twelve o’clock, from her late resi- dence, 213 East Eleventh street. BENEDIcT.—On Monday, January 19, AnicaiL BENEpIcT, Widow of Stephen Benedict, aged 55 years, ‘The relatives and friends, also the members of Stanton street Baptist church, are respectinily invited to attend the juneral, on Wednesday, Jan- uary 21, atone o'clock P, M., froin the restaence of Ri sh Stephen N, Benedict, 424 East Fifty-eighth stree BROWNE.—At 628 Fifth avenue, Brooklyn, on eae January 19, MARY FRANCES BROWNE, aged ears. Funeral at two o'clock P, M. on Wednesday, January 21. Burperr.—On Tuesday, January 20, HARRIET, wife of Henry C. Burdett, aged 31 years. COGGESHELL.—At Hyde Park, on Monday, Jan- uary 19, HENRY G. CoGGrsHxLL, aged 62 years. Relatives and friends are respectfully invited to attend the tunera), {rom his late residence, on Fri- day, January 23, at half-past twelve o’clock. Car- riages will be at depot on the arrival of the eight o’clock train from New York, Corsé.—At Flushing, 4. 1, on Sunday, January 18, FREDERICK A., Son of Barney and Mary E. Corse, ed $3 years, ‘he relatives and friends of the family are re- spectfully invited tu attend the funeral, from his ie Fos agence, on Wednesday, January 21, at two o'clock P. M, P. S.—Trains leave Hunter’s Point at 1:30, re- turning hourly, Dav¥.~On tuesday, Janaary 20, Parrick W. DALy, in the 40th om of the are invited to tend the Tam from his Tate’ residence, 204 attend the fan Brooklyn, on Thursday, Bain we. grelock, thence to the Oe lathush. pee Ay ton, OB, Monday, January 10, | 1D Da’ in the rear of is | vie relatives and Ariends of the family are re- Apportionment was heid yesterday alternoon at | eax, invited to attend the funeral, on Wednes- » the 2ist inst. at twelve oclock, from the Chureh of the Divine Patcrnity, corner of Forty. filth street and Piuth avenu: DiICKINSON.—On Tuesday Grete January 20, Rosalie, wife of General Joseph Dickinson, in the 28th year of her age. Relauves and ‘friends are invited to attend the foneral, on Thursday afternoon, at two o'clock, late residence, No. z26' West Thirteenit from her street. DOXNELLY.~On Sund B. » January 18, 1874, PRANK DONNELLY, tn the 30th year o' lis age. _ The tives and frierds of the Jamily are re- spectinily invited to attend the tuneral, fron: the yesitence of George White, Washington avenne, between Eighth and Ninth streets, Morrisania, on Weanesday, 21st inst, at twelve o'clock M. Dunn.—On Tuesday, January 20, of bilious fever, GEORGE W., youngest cllld of N. Marsellus and Annie Dunn, aged 3 years and 25 days, Notice of janere Vesee ears Dwyer.—On Monday, January 19, Hann, 4 the beloved wife of John Dwyer, aged 42 og a ‘The friends and acquaintances of the family are respectiully invited to attend the inneral, irom her late residence, No. 171 Charies street, on Wednes- aay, 218t inst., at One O'clock. RASER.—On Monday morning, January 19, 1874, DONALD, only son of Janes and Elia ra Fraser, aged 5 years, 1 month and 2 days, The friends of the family are invited to attend the funeral services, irom ‘he residence of his pave 26 West Filty-first street, on Wednesday, january 21, at nine o’clock A.M. The remains will be taken to Tarrytown jor interment. Hayes.—On Tuesday morning, January 20, Win- LAM H. Hayes, Jr., son of William H. and Frances M. Hayes, 1d 29, Notice of funeral hereafter, HENRIQUES.—On Tuesday, January 20, SOLOMON N. HENRIQUES, The funeral will take place, from his late resi- dence, 777 Lexington avenue, on Thursday, Jaun- ary 22, at hali-past ten A, M. Relatives and frienca of Nis Jamily ure invited to attend without furiher Horr.—Sudden! on Sunday, January. 18, CHARLES B, Horr in the 59th yeur of hisage. The, relatives and friends of the family are re- snectfully invited to atrend the funeral, from his- late residence, 195 West Houston street, on Wednes- day, at half-past one o’clock P, M. jOFFMAN.—On Tuesday, January 20, suddenly, GLorvina, daughter of Rev. Charles F. and i. Louisa Hoffman, in the 14th year of her age, Notice of the funeral! hereafter, HoLMrEs.—On Monday a Houmes, formerly of Greenfield, January 19, Moses. Ulster ‘county, Ny Y., aged 28 years. JARBOF.—Suddenly, on Monday, January 19, CHARLES B. JARBOE, in the 39th year of his age, His relatives and friends, aiso the members of the Seventh precinct police, the ex-members of Americus Engine Company, No, 6, and the mem- bers of Cherokee Tribe, No, 2, LU. R. M., aré re- spectiully invited to attend his funeral, trem his late residence, No, 40 Gouverneur street, on Phurs- day, January 22, at one o'clock. Norice.—The members of the li. J. Shandiey As-- sociation are requested to attend a special mect- ing on Wednesday evening, January 21, 1574, at half-nagt seven o'clock, to make arrangements to: attena the funeral of their jate brother member, Charles Jarboe. By order i M. H. WHALEN, President. N. J. KEARNBY, R, J. POYNTER, } Secretaries. KSEGAN.—At the residence of her son-in-law, Patrick Connelly, 437 ‘East Fourteenth street, CATHARINE KEEGAN, @ Native 0! Chapelizod, )nbiin, Irejand, aged 64 years, ‘ he relatives and friends ot the family are re- spectfully invited to attend the funeral, ov Thars- day aiternoon, January 22, at two o'clock, KINNALLY.—On Monday, January 19, James Kin- NALLY, Jr, youngest son of James and Margares Kinnally, aged 19 years and 3 months, The relatives and iriends of the family are re- spect invited to attend the funeral, from his late residence, 2,178 Second avenue, corner of 112th street, Harlem, on Wednesday, January 21, at half- past twelve o’clock P. M., The remains wil! be con- veyed to Caivary Cemetery ior interment. Ko_tmyer.—On Sunday, January 18, alter w short and severe illness, CHARLES KOLLMYER, aged 57 years, 1 month and 16 days. The relatives ana friends of the 1amity are re- perry invited to atrend the funeral, trom the ‘rue Dutch Reform church, corner Perry and aS streets, this (Wednesday) morning, at tem o'clock, Lover.—Entered into rest, JULIA GARDINER, Wife of Charies 8. Loper, ou Monday, January 19, after a lingering iiness. Funeral services will be neld at her iate resi- dence, 187 East Thirty-flith street, on Wednesday afternoon, at three o’clock. Relatives and friends of the family, also those of ler sons-in-law, Rovert J. Clyde and Thomas S$. Marios, are respectinliy in- vited to atiend the services without farther uo- tice, The remains will be taken to Shelter Island on Thursday morning for interment, Greenport and Sag Harbor papers please copy. Luyster.—On Monday, January 19, J2NNIb DeWirr, wile of Albert i. Luyster, in the 27th year of her age. Funeral services at her late residence, 655 La- fayette avenue, Brooklyn, at cleven O'clock A. M., on Thursday, 220 inst. Interment at Moravian Cemetery, New Dorp, 5.1. Relatives and friends are respectfully invited to attend. Carriages in waiting upon arrival of one o'clock boat from New York; railway train aiso, Macy.—At pagent, on Monday, Janu. 19, Howanp W., only child of Benjamin and E. Louise Macy, aged 1 year and 23 days. MILLER.—A%t West Port Richmond, on Tuesday, January 20, SARAH MILLER, in the s0th year of her e, The funeral will take place at the residence o1 her son, Henry Miller, on Thursday, January 22, at one o'clock, and at the Asbury Methodist Ejisco- al church at two o'clock, The relative: aud lends are invited to attend the funeral at the churen, MILLsPAUGH.—Op Friday, December 26, 1875, Vaiden, Orange county, gate D. MILLspaveH, of Mortson,—On Monday, Jan 19, Linnie K., youngest daughter of Charles H. and Mana F. Morison, aged 9 years, 10 months and 19 days. ‘The relatives and jriends of the family, also the members of Scotia Lodge, No. 634, F. and A. M., are respectfully invited to attend her funeral, irom the Perry street Methodist Episcopal eburch, this (Wednesday) afternoon, at one o'clock, MULLEN.—Un Sunday, January 18, ELLEN MULLEN, daughter of Bridget and Jonn len, aged 20 years and 7 days. Relatives and iriends of the family are respect- fully invited to attend the funeral, to-flay (Weducs- day), January 21, at two o'clock, rom her late residence, No, 320 Pearl street. Boston papers plense copy. Munko.—On Tuesday, January 20, 1874, MARTHA MCCLENACHAN, Widow of Hugh Munro, in the 69th year of her age. ‘The tuneral will take place ‘rom the Reformed church, Washington square (Dr. Hutton’s), om Friday afternoon at three o'clock, Relatives and iriends are invited to attend. The remains will be taken to Woodbridge, N. J., on Saturday. McCormack.—At his residence, Laurel Hill, on Tuesday, January 20, at seven o'clock A. M., JAMES McCorMACK, a native Of the parish of Kiilasnee, county Longford, Ireland, aged 33 years and 6 months. Requiescat in pace. Amen, His remains will be taken from hits jate residence on Thursday, the 22d inst., at one o'clock ». M., and interred im Calvary vemetery, The relatives and friends of the family are respectfully invited to attend the funeral, McDonALp.-On Tuesday, January 20, 1874, K are RINE, Wife of John McDonald, Relatives and friends are invited to attend the funeral, from her late residence, 324 Wesi Swenty- seventh street, on lriday atternoon, 23d tust., at one o'clock, MoGuUInE.—On Monday, January 19, 1874. Mary McGuIRE, native of Cullens, parish of Killaglass, county*Shgo, lreland, in the 25th year of her age. May she rest in peace, The relatives and friends of the family and those of her brother Bartley McGuire, and those of her cousins, Bartley and Patrick McGuire, also of her cousins, Edward Brogan rnd Patrick Hanley, are respectiully invited to attend the tuneral, from the residénce of her brother, Bartiey McGuire, First avenue, on Wednesday, January 21, at two o'clock ; from thence to Calvary Cemetery. NicHoLs.—At Flushing, L. |., on Monday, Janu- ary 19, SAMUEL NICHOLS, aged 42 years. ‘hie friends of the family are respectfully invited to attend the funeral, on ‘Thursday, January 22, at two o'clock, from the residence of his father-in- law, Steven Bowne, Ree es January 17, CaLvin B, OBERTS, age ears. The relanves dna frientis of the family, Also Eureka Lodge, No. 177, and Palestine Encamp- ment, No. 6, 1. 0, of O, F., are respectiully invited to attend the funeral, from his late residcnve, No. 242 West Fourth Sina raphe in next, the 218 +» At hall-pas 5. a1 ee dorsey City, on Tuesday, January 20, ‘THoMas SLOAN, in the 60th year of his age. Rejatives and friends of the 1amily are invited to attend hia funeral, on Tharsday, January 22, at two o'clock, from his late residence, No. 214 Bay strect, Jersey City. ° apers please copy. ema ediay. Januar, 20, after a severe illness, Lipa 8., daughter of John and Saran B. 11,’aged 21 years, 7 months and 17 days. StNotice of funeral hereaiter, Tenney.—On Monday, January 19, Howard Nene TENNEY, youngest child of Dudley and Gertrude Tenney, aged 7 months. Relatives and friends are invited to attend the foneral services, at his late residence. 44 West ‘Twenty-ninth street, to-day (Wednesday), at half- past two P. M, é TRAPHAGEN.—At Fordham, N. Y., Sunday, Jan- vary 18, 1674, Mrs, MRHETAWLE Many, widow of Wm, D. Trapnagen, aged 70 years. Relatives and friends are invited to attend the funeral, from the residence ot her son, Jolin V. Traphagen, at Fordham, N, Y., on Wednesday, Jan- uary 21, at one o’clock P.M, ‘irains leave (rand Central depot at 12:05-P. M. iemains witt be taken to Woodlawn Cemetery for tnterment- Wapr,—At 47 Butier street, Brooklyn, $y. yarn. od 1874, of pastantette i ADE, in the 62d year of his age. Relatives and friends are invited to attend the funeral, at St. Peter's Protestant Episcopal church, Stato street, neat Bond, on h; 7 CHE 22d INStay at half-pasi two o'clock P.M. YATES.—On ‘Thursday, January 15, of eonsump- tion, after a long illness, THOMAS WILLIAN VaTes, aged 24 years, 9 months and 8 days, eldest and pe loved son of Wilitam and Margares Hates a Be Ny pe -ninth street, and interred ia dence, eM Semevery. He leaves a sorrowing wilr and tender babe to Mourn his loss, on Mon- ORG Oy .