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THE COURTS. ‘An Alleged Conspiracy Case---Opening Up the Old Suit of Cecilia Kerr. Rights in Literary Property— Seeking Legal Remedy—In- teresting Proceedings. BUSINESS IN THE OTHER COURTS. A sult has been instituted im the United States Circuit Court against the ex-Postmaster of this city, Generar Patrick H. Jones, and his bondsmen, Charles Storr, Richard H. Manning, executor of Aorace Greeley; Henry Shields, Sneridan Shook, H. A. Barr, J. L. Smith, ©. 8. Spencer, Otis N. Cutler, Abraham Wakeman and Samuel Sinclair, to recover a sum of $150,000, the amount of the alleged defalcation of J. W. Norton, late Superin- tendent of the Postal Money Order Department, for whose action, it is claimed, General Jones is responsible, Norton having been his subordinate and under his directions, The bondsmen o1 Gen- eral Jones are sureties to the amount of $500,000, The old Police Justices have decided on a test cxse with the view to carrying the same to the Court of Appeals and have the matter decided in the latter tribunal as to the constitutionality of the act under which the present Police Magistrates were appointed. The suit, which is brought by ex- Judge Hogan against Judge Morgan, was brought on for.jormal trial yesterday, before Judge Loew, of the Court of Common Pleas, Covnsel for Mr. Hogan stated that the purpose of the trial was merely to prepare a case for the higher courts, The forma! evidence was then presented anda verdict ordered jor the defendant, {rom which an appeal will, of course, at once be taken, AN ALLEGED CONSPIRACY CASE. Opening Up an Old Suit—Cecilia Kerr, Knowing Her Rights, Dares Maintain Them. ‘The session of the Supreme Court, General Term, ‘was yesterday in great part occupied in hear- dng arguments of counsel in the revival vol the case of Cecilia Kerr, wno sued Messrs, Edwin Wilson, ysobn Dunne, James ¥. Bennett and Edwin W. Stoughton for an alleged conspiracy, which resulted in ner confine- ment for a few days in the Utica Lunatic Asylum, and subsequently in the Tombs and on Biackweil’s Island, on an appeal from the decision against her vy Judge Curduzo, FACTS OF THE CASE. As appears by the pleadings the detendant, in Febru- ary, 186%, commenced an action in th urtof Common Pleas against all the plamtfls, except the plainut! sew- ard. for having, in pursuance of a couspiracy against her, caused her, as alleged, to be talsely impr: im wd February, in the State Lunatic Asylum at Utica, for fourteen days; again, in the following November, ut the Tombs in this city, and afterwards .in the common. jail ‘on Blackwell's Island for six days. That action was discontinued in May, 1809, as the delendant asserts, upon the plaintiffs’ prouilsing that they would do what was Just by her in the premises, but,” as the plaintit's aver, upon their paying to her $i,00,, for which consideration she gave to them releases. Suiosequently to such dis- continuance the defendant alleges the plaintiffs failed to petiorm thelr prouise to do what was J her, In June, 189, she ce Suprems Court, in the county of Kings. Vhis second action the plainuffs, in November, 1809, succeeded m having removed to the city and county of New York, ‘ana the detendant thereupon discontinued the same during the month of December sollowing, and tendered ‘the costs. Such was the sicuation of the’ litigation be- tween the parties prior to the commencement of this action. The plaintifis in January, 1570, commenced this action against the detendant, alleging the payinent to her of $1,000 and the delivery to them, in consideration thereo!, ot the suid releases, the commencement and discontingance ot the single action, commenced since ely delivery, and = ner irrespoust- Dil'ty, tovether with” some other avVérilen which, however, there was no attempt to prove, and ue mand judgment enjoining her from commencing any action against them jor any cause of action referred to in said releases in any Court of this State, of any other Btate, or of the United states. The delendant denies every inaterial ailevation in the complaint, except proceedings in the two above-mentioned actions. 1 action came on tor trial In April, 1870, betore Justice dozoy in his private court room.’ kuown ws room. 0, 13 the defendant having been brougnt there by notice from the pla ntiffs, and wus submitted to said Justice upon the lainufis’ evidence, consisting of the releases and the stimony of the plaintid Wsison only, the defendant aving wade @ motion for @ dismissal of the complaint. ‘The decision ot sald Justice was tor a long tume delayed, and was not made known unil December, 1871, when he delivered the opinion which has been’ held by special term of this Court to be a decision containing a separate statement of his findings of fact and conclusions or jaw, and upon this a judgment enjoming the detend- Lt, as demanded by the plaintiffs, waa entered by the plaluuitts, but not uncil the ‘month’ of November, i872. From this judgment the defendant appeals, and’ upon this appeal the argument yesterday took place. ARGUMENT FOR THY APPELLANT, Mr, Townsend opened his argument by insisting that this Court possessed no jurisdiction to grant the injunc- tion adjudged upon the above facts. It the rei % ‘valid they furnished, he claimed, the plautfi complete and periect detence to’ any action which the defendant could bring against them at law tor damages, Courts ot Chancery hnd ever falled to exercise ther pow- ers_of injunction to restrain actions at law when such detenco existed. ‘the equitable jurisdiction of this Court was limited to the po of the Court of Chancery, which it succeeded. ‘The reason of the exercise by ite Court of Chancery of ita Power to enjoin the prosecution of an action at law was the inability of the courts of law to take cognizance of some equity existing between the parties. This reason had ceased to exist in this Simie since the enact- ment of the code which blends the common law and Chancery, jurisdictions. In none of those cases would an injunction now be granted re- straining another action. He urged further that tho actions which the defendant has brought, or any which she might bring, cannot be reyasded us yexutlous, be- cause the controversy between hersell and the vlaintitts has not been determined. He urged further that there {sno finding ur proot in thi had threaiened to commence the viaintift the very leu with & @ase that the defendant ay other actions against threats on her partis, at , Necessary to give this Court any Jurisdi tion over her: that the most which could be pres against her would be that she intended bringing suc! osher actions; that a meré intent, without any overt act, §s Not @ wrong thit any Court can redress. These, with other Loints advanced by him, he contended, were sufll- cient to have the judgment ot Injunction reversed, ANGUMENT FOR THE RESPONDENTS. Mr, O’Conor proceeded to reply. His Srst point was that’ the exceptions are s0 general and indeiinte that they ‘raise no question of law, unless it whether the Court has jurisdicuon — to grant the injunction under any, possible staie Ot tacts. His second point was that, irrespective of the preceding point, the facts admitted or proven show a cage of great vexation. ‘Twice, tor the same pre- cise cause, Mrs. Kerr prosecuted the "parties; and aiier they had been put to ail the trouble and expense inci- Gent toa fulldeience she reured trom the prosecution. When this defensive action was commenced she had an- Hounced an intention to renew her proceedings in some other form, She offered no excuse for this vexatious course; and, theretore. it was a wise and just exercise of qauitable discretion to alluw the plaintiffs, once for all, to establish the validity of their release and’ put an end to her vexatious proceedings, His third point was that intolerable vexation might result if ane having origin- ally color ot richt, which had, however, been tinguished by full satisfaction and a release, could con- tinue to bring actions all over the world whenever, by attachment of thelr property or thei temporary resence 4s travellers, the parties thight be subject to jJocal jurisdiction, ‘The difficulty of giving bail or sureties, ‘and the great cost and inconvenience of Preparing tor @ defence, would make each sult, though ultimately discontinued, a grew! His tourt point was that it grievance & well. established head of equity jurisdiction to re- strain such praciices. It is impossible to curb black- mailing tigation except by an injunction operating directly on the person ot the biackmailer. This, and thi alone, can atlord to the citizen a protection aga litigious nelghbors which will adequately protect him in his necessary journeys inio other Stuies and countries, In closing counsel contended that the enforce- ment of agreements is an established head of equity eet and a release is an implied agreement Not to sue for the same cause. Decision reserved, RIGHTS IN LITERARY PROPERTY. Bret Harte Taking to Heart the Publi- cation of a Book with His Name as Au- thor—Seeking Remedy in the Courts— Interesting Proceedings. Acase came up yesterday in the Supreme Court, Chambers, before Judge Lawrence, Involving an important question—the rights in literary prop- erty. A modern litterateur, of certainly extended reputation in his way, and who in that curtousiy quaint poem, “The Heathen Chinee,” discourses of Ways that are dark, Aud tricks that are’ vain, claims himself to have been made the victim of Ways that require the light of legal illumination and tricks the vainness of which he claims de- mands @ prompt and summary judicial estoppel. Bret Harte, it seems, several years ago, wrote a series of sketches for the Golden Era ol San Fran* i800, Cal., under tne title of “ULIS8, THE IDYL OF THE RED MOUNTAIN, According to his lawyer's statement some mis- ‘understanding arose between Bret Harte and the editor, aid aster having fairly launched his char- acters and excited public curiosity as to their fu- ture careers and destinies, he refused to write any more. The Golden kra editor, with that fertility of resource indigenous to many knights of the guill, employed another writer to take up the thread of the narrative and finish the story, The proiific imagination of the latter ‘extended the series Without at trouble, and a paper im this city republished them as fast as they ap de An enterprising publishing house here published them in book iorm—the yellow 11 ‘ure style of book, however, with paper cov It was solid at news stands, in cars, On steaihboats—sold any- . Where and every where—#old as Bret Harte's book. Meantime Bret Harte’s books are published in Bon: ed with solid coversin green and blue and purple and red and gol He objects to the enterprise of the puolishers here, and upon this objection application was made yesterday, be- fore Judge Lawrenée, for an injunction restraint them from any ‘urther pubilcation or sales 0! “Ulises, the Idyl of tne Ked Mountain,” AN ALLEGED LITERARY FRAUD. Mr. Walker, who took ap the legal cudgels for Bret Harte, alter reciting the facts given above, showed the pampniet edition of the book in westion, Which covers 148 pages, showed how the tle page made tt appear as the sole production of Bret Harte, showed that the opening chapters, as written by Bret Harte, close with the thirty-fourth page, and, in conclusion, showed at the bottom of nis page-the note, “lhe remainder of this story was written by another hand than Bret Harte’s, but it will be found equally interesting and able." He pronounced the whoie thing a traud, @ clearly in- tended and unmistakable fraud. Persons would buy the book supposing Bret Harte wrote it, and then, getting through @ lew pages, would discover how they had been imposed upon LITERARY LUSTRE, “But the rest of the hook is much better writ- Babi}! mterrupted Mr. Warren, the opposing coun- 8 ‘Yes; I know in the answer.’ replied Mr. Walker, “it is set iorth that the rest of the book adds lustre to the name oi bret Harte; but ‘the word Justre 1s misspelied as Well as the lact being misstated, I will read poi tions 0} both to the Court, to let the Court judge for itself as to the relative literary merits ‘of the two writers,!" 4 SENSIBLE JUDGE. “Excuse me," sa.d Judge Lawrence, at which all Jaughed, and then added, “the question as to which 18 the superior writer forms none of the merits of the case,” “It is cersain," persisted Mr. Walker, “that the literary merits of my client have been greatly damayed by the publication of this book." He then enterea into an elaborate argument as to the rights im hiterary propert). He cited various ENGLISH CASES, including one in which Lord Byron was a party, and how, through an injunctton, a volume of wvems claiming to be his wa8 prevented from ing sold. He then instanced various cases here where newspapers had been prevented taking hames very simi:ar to others, Where hotel pro- prietors had been promibiteu stealing the names of other hotels, where vubiishers of songs had been retrained from poaching on the manors of other song publishers, and soon. All the cases were curious as We.] as instructive, In this con- nection he also read copiously trom Shortt’s eiab- orate work on **The Law kelating to the Works of Literature and Art.” Reverting to the respective merits of the two writers, te said be gave the vook to a literary critic to read, &c., und the verdict was that the plot was pietty well worked up, but after all the latter part reminded him of cham- pagne that had stood with tne cork out—we Sparkle and bubble and life were gone, THE PUBLISHER'S STORY, In replying, Mr. Warren read an affidavit of the publisher saying that the book was a reprint from the newspapers, that the story vad never been copyrighted and, therefore, he had a right to re- publish it. He also read the amdavit of A LITKRARY EXPERT, pecnenocing the latter part of the book much etter Written thau tue fore part. He also went extensively into the law on his side, aud thought it queer that years should oe allowed to elapse velore bringing this suit, He made # stroug point of the damage to bret Harte's literary reputation. In the part written by Bret Harte he hud tound the words “the dammed l.ttle cuss” five times on SLX pages. He then read irom tnis part Ole the ook, causing much merriment, a description of & CLERGYMAN’S VISIT TO A SCHOOL, and how, on the clergyman telling the chil- dren the biblical stury about the sun and moon standing still, a bright boy jumped to his feet, with the exclamation, ‘it’s a damued lie, I don’t believe a word vi it.” Alter soms iurther argument Judge Lawrence took the papers. BUSINESS IN THE OTHER COURTS. oe UNITED STATES CIRCUIT COURT. Criminal Proceedings. Yesterday Judge Benedict sat at the usual hour in the court room, No. 27 Chambers street, and proceeded with the despatch of criminal business, A Grand Jury was sworn, with Mr, L. C, Popham as foreman. Pleading Guilty. Edmund Butler and William Gallagher withdrew their plea of not guilty, and pleaded guilty to an indictment charging them with smuggling cigars. Henry Freund withdrew his piea of not guilty, and, after @ jury had been sworn to try him, pleaded guilty to an indictment accusing lim of bresenuny @ Jalse bond in connection with one John Brodie, who had pleaded guilty in tue early part of the term. ‘Tbe above prisoners were remanded for sentence, and the Court adjourned till this morning. COURT OF OVER AND TERMINER. Cahill, the Cherry Street Murderer, Saved from the Gallows—Plea of Man- slaughter in the First Degree Accepted. Betore Judge Brady. James Cahill, who is said to have been @ brave and efficient soldier during the late war, but brought back with him one of the unfortunate vices of the camp—an overpowering fondness for intoxicating drinks—uad been drinking to excess on the 28th of jas: October. Passing through Cherry street four men standing on the sidewalk jostied against him, and oo his remonstrating one of them struck him @ violent blow on the nose, causing the blood to Now copiously. While he was wiping the blood off his face the same man, as he thought, struck him again, He then went into a store to wash his lace, and as he came out he met Michael Colby, whom, mistaking Jor the man who assaultad him, he stabbed, killing him instantly. He was subsequently arrested and indicted for murder in the first degree, His case came up lor trial yesterday in this Court. Mr. Abe H. Hum- mel, his counsel, put in a plea of manslaughter in the first deg.ee, having succeeded in procuring an acceptance of this plea 1rom Mr, Phelps the Disirict Attorney. “Canill,” asked Judge Brady, “do you fully under- stand the nature of your plea and its consequences that I can send you on this plea to State Prison for life 7" “I do,” aswered the prisoner. “It is too bad. I had been drinking; and besides, when [served in @ cavalry regiment {n the army I gota iail froma horse und my head is easily affected ever since. I ‘was not conscious of using the knie at the time.” “{ will remand you,” said the Judge, ‘ior sen- tence until Wednesday morning.” There being no further cases ready the Court adjourned till this morning. SUPREME COUnT—CHAMBERS, Decisio} By Judge Lawrence. Hartman vs. Smith.—Motion denied. Duryee vs. Wilsou.—Allowance granted. Crane vs. The Luropean and North American Railway.—Motion granted, Gillender vs. Nelson; Bodner vs, Bodner; Hays ys, Gomley.—Memorandums, By Chief Justice Davis. Davis vs. Aliaro.—Order granted, By Judge Brady, New York National Exchange Bank vs. Bank of Augusta; Farnham & Co, vs, Hamiltou.—Memo- Tandums, By Judge Lawrence. Gilman vs. Gilman; Smith vs, Messick; Marvin vs, Prentice.—Granted, MARINE COURT—CENERAL TERM, Decisions, By Judges Alker, Spaulding and McAdam, Hughson vs. Fuller.—Appeal dismissed, Galicky vs. Cohen,—Order aftirmed. Harnett vs. Garvey.—Appeal dismissed, Polak vs. Feeny.—Judgment afirmed. The Howe Machine Company vs. Hart.—Order reversed. Ettinger vs. Salem.—Order reversed. Krudop vs. De La Vergue.—Order affirmed, Hirshfield vs. Loeb.—The order appeaied from must be furnished before the appeal can be de- ded, Ciowenberg vs. Koper.—Order affirmed. MARINE GOURT—PART 2. Costs and Disbursements—Decision. By Judge McAdam. Gerhard Lenytees and Another va James R. Keily.—In this case Judge McAdam has delivered the joliowing Opinion, mmportant to counsel and litigants in the Marine Court: decide upon the application herein that there is no statute in the rine Court entitling @ plaintiff to disbursements who 18 not entitled to costs (Peet vs Warth, 1 Bosworth, 663), and @ plaintiff is only entitied to costs where his recovery is for $50 or over. The piainti? may put this upon afiirmance of the Uierk’s retusal to insert disbursements in the entry of judgment herein (the claim being under $50) or a8 @ direction to the Clerk not to tax them, or in any jorm he thinks proper or necessary in order to raise the question on appeal or in any other form he may be advised, Siberberg vs. The Mississippi Valley Fire Insur- ance Company.—Judgment jor plamtiff $1,000, with costs and allowance, MARINE COURT—CHAMBERS. Protessor Proctor, the Astronomer, in Court, Before Judge Joachimsen. Professor Richard A. Proctor, the celebrated as- tronomer and lecturer, lost a set of valuable dia- mond studs while stopping at the Westminster Hotel, Suspecting that they had been stolen by the call boy, Mr. Proctor, by the advice of the pro- prietor of the hotel, caused the boy to be arested and taken before a magistrate, who committed him for trial at the Court of Special Sessions. The case nd the evidence being insumMcient the Toy yan dtlscnarged. He then brought an action in the Marine Court against the Professor and the Proprietor of the hotel for malicious prosecution, and the Professor was ordered to appear a8 a wit- bess to be examined before the trial on the ground Of his being @ non-resident. On the morning that the examination was to take place application Was made to Judge Joachimsen for an order ot ar- rest against the Professor and the landlord, which Was granted. When the Professor came to be sworn as @ witness the Court stated vo the partics that an order of arrest had been allowed, but witha caution to the plaiptit’s attorney not to have it exe- cuted, The examination resulted in the case being set down for trial next month, and as the Professor Was leaving the court room he was arrested vy Marshal Farley. The Court, however, ordered him to be discharged, as, having been summoned as a witness, he was privileged from arrest while coming to, remaining in and returning irom Court. Mecistons, By Judge Joachimsen. Clayton ys. Oakes.—Motlon to set off costs grauted without costs, Hoyt vs, Keeler.—Motion to set aside judgment denied, with $10 costs, Cook vs. Naylor.—Motion to discharge attaoh- ment granted without costs. Hamilton vs. Palmer.—Motion to open imauest granted on payment of costs and deposit of money in court. Hirpsch vs, Shute,—Sherifs bil! on attachment taxed at $43 44. Fritsch vs, Mundenke,—Motion to vacate attach- ment granted, with $10 costs. Breitsten vs. Stmon.—Motion to discharge order of arrest denied, but unless plaintiff consents to immediate justification bail will be reduced toa nominal sum, Carpenter vs, Smith.—Motion to advance cause on calendar denied; $10 costs to abide event, COURT OF CENERAL SESSIONS. Larceny of Money in Harlem, Betore Judge Sutherland. In this Court yesterday Eva Kidenbecker was tried and convicted of stealing $70 in money from the apartments of Mary Hudson, No, 2,195 Third avenue, on the 22d of November last, The jury recommended the woman, whose husband was sick, Lo mercy, which suggestion was concurred in by Mr. Roliins, the prosecuting om er. ‘The City Judge imposed the lowest peuulty the law allowed, Rd one year’s imprisonment in the State on. Grand and Pctit Larcenies. George A. Moss, who pleaded gu.ity on Friday to burglary in the third degree, was sent to the State Prison for three years and 81x months, William Brady pieaded guilty to petit larceny from the person, the charge being that he stole a pocketbook containing $4 from the person of Rev. Henry Tullidge while riding on a Grand street car. George K. Dunham, who was indicted tor steal Ing the carcasses Of fiity slaughtered hogs ou the 2yth of November, the property of John H. Kim- mey, pleaded guiity to the olence. It was claimed that his previous character was good, These prsoners were each sent to the State Prison for two years ana six months. Frank Mead, who was jointly iudicted with Wil- liam Hoyt, pleaded guilty to acting in complicity With hit in stealing a gold watch and chain valued at $125, on the 19th of December, tue property of George Ritchie, a resident of Brooklyn. Respect- able wituesses testified to the previous good char- acter of Mead, ' Johu Keney pleaded guilty to an attempt at bur- glary in the third degree, the indictment alleg- ing that on the 4th inst. he broke into the premises of Joseph Mosebuch, Jr, No. 196 stanton street. These prisoners were each seat to the State Prison for two years. Frank Murphy, a little boy, was convicted of stealing a ten cent stamp from the pocket of Godirey Kertz. His Hovor sent lim to the House or Reige. Henry Meyer, indicted for breaking into the @og aud bird store of Henry Jennings, No. 391 Broome street, ou the 5th of January, and stealing aspitz dog, pleaded guilty to petit larceny. ‘The City Judge, in passing sentence, said, ‘*When you get out try’and behave yourself and’don't go to the dogs again.” He was sent to the Penitentiary for six months. An Assault with a Knife, Mr. Rollins called John Rogers to the stake, who on the 1st of this month cut Patrick Doyle in the» side with a small pocket knife, He pleaded guilty to assault and battery, The complainant wished the Court to extend leniency to the prisoner, stating that they had become reconciled, and that Rogers was drunk at the time. Wistrict Attorney Kollins said that the people were interested in this matter as weil as ine com- piainant and tue prisoner. His Honor, who is opposed to the indiscriminate use of weapons, sent Kugers to the Venitentiary for one year. Alleged Robbery. In the afternoon William McIntee was placed on trial charged with robbing Joseph Jourdan of a watch on the 23d of December, at a lager beer sa- Joon in Forty-seveuth street, The case will be con- cluded tuis morning. TOKBS POLICE COURT. Highway Wobbery. Before Judge Morgan. Daniel Boyle, of No, 219 Provost street, Brooklyn, was walking through Roosevelt street, at hali-past ten o’clock on Saturday night, when he was ap- proached by two men. One of them caugut him ground the neck aud held him while the other robbed him of $10. Boyle cried out “Police” and both of them ran away. He joilowed them and caught one, whose name is Thomas McCowan, and held him until the arrival of OMicer Emil Bach, of the Fourth precinct, The other man escaped. McCowan was arraigned beiore Judge Bixby yes- terday and held in $2,000 bail to answer. Attempted Burglary. Enoch Davis, o! No, 88 King street, was arraigned for breaking into the apartments of David Magee, No. 47 East Houston street, and stealing $53 worth of ciothing. The prisoner, who was 4 miserabie looking person, said that he was guilty of an attempt and implored the mercy of the Court, He ‘was held in $2,000 bail to answer. Another Wife Beater. Mr. and Mrs.. John G. Biesbacher, of No. 24 Elizabeth street, do not agree very well. Early yesterday morning Mr. Biesbacher came home, perce intoxicated, and quarreiled with his wiie, e pulled out a pocket knile and stabbed her twice in the arm and once in the shoulder, Officer Michael J. Hickey, Fourteenth precinct, heard the noise In the house and ranin. He arrested the husband, who was arraigned before Judge Morgan yesterday, and held in $1,000 bail to answer. SEFFERSON MARKET POLICE COURT. Little business of importance was transacted in the above Court yesterday. Captain Williams, of the Eighth precinct, brought in fourteen colored men whom he had arrested the previous night im the low grogygery No. 197 Spring Street, where they were piayiug cards, It could not be shown that they were gambling or even acting ina disorderly manner, consequently they were all discharged, Checkmated. George Wellerhausen, charged witn obtaining money by forged checks, was again brought up for examination, Complaints are still being re- ceived in large numbers, Three persons produced cnecks yesterday afternoon and tuld the story of how Wellerhausen had induced them to give him the money. ‘The prisoner was committed, notwith- standing the exertions of his counsel, who raised several technical points in his behalf, The Masked Bargiars. John Galvin, the man who was arrested by Cap- tain Mcliwain, charged with having participated in the robbery of the jewelry store im Ninth ave- nue, near Twenty-third street, on the night of the ‘h inst., was again brought out of his celi tor ex- amination. Some hall dozen witnesses were pro- duced jor the Ego sn of proving that the prisoner ‘Was in a liquor saloon on Wooster street on the night the edt was committed. Justice Kil- breth took the papers, and reserved his decision ag to whether or not he would nold Galvin tor trial. COURT CALENDARS—THIS DAY, SupREME CourT—CrIRcuIT—Part 1—Hela by Judge Barrett.—Nos, 2549, 391, 735, 2779, 716, 277, 1207, 1427, 2081, 1135, 1499, 1237, 1241, 1245, 1247, 1240, 1251. ' Part 2—Held ‘by Judge Vau Brubt.—Nos. 814, 12, 1333, 1464, 1468, 1465, 1470, 1476, 1486, 1488, 1498, 1500, 1504, 1506, 1508, 1510, 1514, 1682, 1636, 1540. SUPKEME COURT—GENERAL TeRM—Held_ by Nos. 18, 49, 12, 288, 321, 17, 104, 122, 124, 128, 129, 130, 40, 175, 176, 177, 178, 179, 180, 182, 183, SUPREME COURT—CHAMBERS—Held by Judge Law- rence,—Nos, 25, 70, 74, 78, 81, 95, 117, 119, 121, 139, 142, 143, 146, 165, 190, 192, 193, 196, 198, 200, 206, 207, 208, 211, 215, 217, 219, 220, 22, 226, 228, 230, 235, 236, 239, 246, 240, 261, 283, 284, 204, 302, 325, 33S. Surekion Covrt—Tniat Tensi—Part 1—Held by Judge Van Vorst.—Nos, 621, 839, 723, 61, 401, 543, 605, 749, 651, 683, 763, 869, 871, 873, 875, 879, 881, 883, 887, 889. "Part 2—Held’ by Judge Sedgwick.— Nos. 67644, 702, 280, 722, 80, 586, 726, 740, 744, 500, 572, 758, 514, 668, 302. COURT OF COMMON PLEAS—TRIAL TERM—Part 1— Heid by Judge Loew.—No. 612. Part 2.—Ad- journed for the Term, COURT OF COMMON PLEAS—GENERAL TERM.— a ey until first Monday in February, |ARINE COURT—TRIAL TERM—Part 1.—Adjourned for the term. Part 2.—Adjourned tor tue term. Part 3,—Adjourned tor the term, COUNT OF GENERAL SESsIONS—Held by Judge Sutherland.—The People vs, George Droskel and Edward Madiinger, arson; Same vs. Vwen Clark, felonious assauit and battery; Same vs. Lewis Bourgeois, felonious assault and battery; Same vs. John Barrett, felonious assault and battery; Same Dent larceny and receiving stolen leury D. Johnson, larceny and itolen goods; Same vs, Lewis Raymond, and larceny; Same vs. William Green, grand jarceny; Same vs. Henry Wilson and James Mur- ray, grand larceny; Same ys. Carl Kline (five cages). erand larceny; Same va, John Williams and | tuch¢s of John Ryan, larceny from the Gumnsey Brown, larceny irom vs. Wiliam Evans, eny irom the person vs. George Smith, larceny irom the person; Same Ys, Thomas Coliuin, larceny irom the person; Same vs. James Johnson, false pretence; Same vs. Ricb- ec David Hoedeard, and James Cary, Jalse Court oF OvER AND TERMINER—Held by Judge Brady.—The People vs, John Keete, manslaughter ; Same vs. ‘thomas Williams, John Willains and Garry Sarnett, burglary; pame vs. Joseph San- forelii and Giovano Cavanro, burglary; Same vs, Jobn Collins, George W. Hartell, Peter F. Dunno and Daniel Lewis (two cases), ourgiary : Same vs. Ji 3 Wallace, burglary; Same vs. Edward J. Murphy, burglary; Same va. John Bly (two cases), burglary. COURT OF APPEALS CALENDAR, ALBANY, Jan. 26, 1874, The following is the day calendar of the Court of Appeais for January 27, 1874:—Nos. 71, 65, 34, 20, 78, 79, 86, 89, BROOKLYN COURTS. SUPREME COURT—SP CIAL TERM. The Board ot Education to Control the Moneys Appropriated tor School Pur- Poses, Before Judge Pratt, Yesterday morning Judge Piatt rendered a de- eision in the matter of the application for a man- damus to compel City Treasurer Cunningham to pay to the Board of Education the sum oi $929,000, @ppropristed for educational purposes tn the budget. The Treasurer claimed that the money was in bulk in the treasury, and could not be sep- arated sive on the warrunt signed by the Mayor, the Comptrolier and City Clerk. ‘The Comp. troller retused to sign such a wurrant, Judge Pratt decided that the money must be paid to the Foard, and in conclud.ng his opimion in the case sald :—*'1 do not see, the Coliector having paid | the Treasurer the tax cohections without de- Signating the amount at the time to be credited Lo the Board of Euucation, how he could do otuerwise than deposit tue 1unds as he did. But the collector having since wade the designation of tie speciiic suui fo be creaited, tue time lias Arrived When the Board of tducation ts entitled to the credit ana control of the funds. To hoid otherwise Would not only Subject the Board of Education to the troubie Of obtaining a city warrant to pay every vill, but Would also subject that Board to procuring their bills to be audited by the City Audi or od tue d. cretion 1 other officers as to Whetuer the warrants Shall be drawn, wuich is Clearly nut tue tent of the law. It follows that the writ of mandamus must issue, directed to the respendent as Lreas- urer, 4s prayed tor.’” COURT OF SES ONS. The Case of Ex-City Treasurer Sprague— he Trial Again Postponed. Betore Judge Moore, The case of ex-City Treasurer Sprague was again called jor trial yesterday morning. All the lawyers engaged in the case were present, but Mr. Sprague Was not. His counsel, Mr. D. P. Barnard, said that he was sick in Rockland county. Surrogute Veeder had seen Mr. Sprague yesterday, and said that the latter was unabie to leave his bed. Counsel asked that the trial 0e@ postponed to the second Monday of February. District Attorney Britton, who is associated with Mr. J. M. Van Cott in the prosecution, said that the public interest deuunded tual tus cuse should be tried. ‘The rules of law require that, i causes are to be postponed—and tue rule should 08 peculariy ap- plied in a case of tiis nature, Wiaica has beeu so" Srequently postponed—some reason shoud be shown, under vata, why te deiendant 18 not ready to proceed, {t is not poxsible, uader ar. Barnard’s statement, for the Court to excuse Mr. Sprague’s abseuce. A man may ve sick aud yet ready to go on. Aman may be very sick and ve unable to come to a court room; but in this case it 13 simply stated that the de.endant Its sick, There 18 ho reason submitted here why the cu: should noc be wied, and I ask that eltner the ground known to law be produced be.ore the Court or that it should be put off upon substantial grounds, based upon affidavits which the Court Bsiould take cognizance of, 1do not wish to move 10T a deiault, but 1 wish that tt should be decided upon the grounds which I nave stated. Judge Moore said that the case mig! until Wednesday, 1n order tuat tue necessary M+ davits could be procured. He would then decide the question of turtier postponement, ‘This 18 the fourth time we trial nas been post- poned, stand over SUPREKE cOUAT—CI;CUIT. Suit Against an Insurance Company. Before Judge Pratt. Mina Marcus vs. Allemannia Insurance Com- pany.—The plaintiff claimed $2,090, the amount of a policy on the stock of her store, in Division street, New York, which was destroyed by fire. Testimony was given by her husband that the goods were worth $1,671. ‘The company alleged that there was not $2,000 worth of stuck in the store and that plainud’s in- terest Was suflicient vo entitle her to bring the suit. ‘The jury gave plainud $350, UNITED STATES SUPREME COURT. WASHINGTON, Jan. 26, 1874. The case of Edwara Lange, a New York mer- chant, who was convicted ol stealing mail bags, furnished his firm by the Post Office Department, which is before the Supreme Court on certiorart and habeas corpus, was argued to-day, Lange was sentenced to one year’s impr.sonment and to pay @ fine of $500, and was on the same day com- mitted to jail in execution of the sentence, and on the following day payed the fine. Five days after, at the same term, he was brought up on habeas corpus ior bis discharge, because of error in the sentence, on the ground that under the law be could not be both fined and imprisoned. There- upon the sentence was vacateu by the judge who pronounced it and he was resentenced to oue year’simprisonment. Upon another writ of habeas corpus the new sentence was ailirmed, and it is here contended that the original sentence was iliegal and the prisoner should have been discharged on the first habeas corpus, and that the sentence being in part executed the case was beyond the authority of the Court to vacate ana reseutence. It 4s aise maintained that the payment 0: the tine is a bar to the inflicuon of imprisonment under either sentence. The government insists that it is well establisied as the law ot this Court and the general rule of the criminal law that a@sentence passed upon a person, if erroneous, may be vacated, like apy other judgment, during the term in which it is pronounced, by the Court which awarded it, and the prisoner resentenced according to law. As the power ol! the Court to re- sentence @ prisoner 18 Dot affected by the tact that he has entered upon the imprisonment ordered by the Court under the first sentence, 80 it cannot be affected by the fact that he had paid tbe fine. Whetuer the fine thus Imposed may be remitted by judicial authority 18 not a question that can be raised in this proceeding; itis suiicient that the fact of 1t8 payment does not invalidate the sec- ond sentence, William H. Arnoux for petitioner; Attorney General Wiiltains and Assistant Attorney Generai Hill for the government. It was announced that the Court will take a recess irom Friday next until the 2d of March, In the case of Waiker vs. ‘Tne Board of State Water Commissioners, irom the Circuit Court jor California, it was held in accordance with the deci- sion of the Supreme Court of that State in the case ot The People vs. Davidson, that the alcaldes of the Pueblo of San Francisco possessed no au- thority to grant any lands covered by the tide waters of the bay, dnd that, theretore, the grants under which the plaintif in error ciaims were in- operative to pass any title to the premises in ques- tion, Mr. Justice Field delivered the opinion, A POBTIO STEAMSHIP, On Sunday evening the new steamer Herder, of the Eagle line, arrived at her dock in Hoboken, from Hamburg. Captain Fischer stated that she had @ rather rough passage, having taken a northerly course, but that she is in an excellent condition notwithstanding. The Herder (which is named alter the great German autnor Herder) is a sister ship of the Goethe, the pioneer vessel of this new line, an extended description of which has already previously appeared in the columns of the HERALD. It is c nly a noteworthy fact that the illustrious mes of the great poets of Fatheriand will ail become Jamiliar to every sea- Jarer in the Atiantic ocean who sees the steamers of the Eagle line. There is already a Schiller, @ Lessing, a Wieland, @ Kiopstock, @ Koerner and @ Herder, &c., and even the most uneducated sailors will soon be acquainted with the great names tat shed a lustre upon German poesy. The Herder ia iron built, With compound engines of 3,000 horse power, with high and low pressure ; 875 feet Keal, lorty fect broad and thirty-two leet deep, and gross tonnage of 3,600 tons. She is con- structed in accordance with the latest improve- ments in building iron steamers, and the passen- ger accommodations are simuar to those of the Goethe, ‘There is a first and second cabin—the lat- ter being on the main deck—while the steerage pas- sengers Occupy that portion of the spar deck which in most of the German steamers 1s used tor the second cabin, The steerage is partitioned off in separate state rooms, each accommodating irom Bix to twenty persons, eigit Jeet high, lighted by side windows and heated by steam in cold weather, Tho new steamer will not make the passage to Plymouth as fast as Herder’s poetic lancy would have done, but in about ten days, according to the statement of the manager of the line, Mr. Flage- dorn. She will be able to carry 200 cabin and 1,000 steerage passengers. She 18 solidly built and mag- nificently fitted up, and is certainly, in point of splendor, worthy of the name of Germany's superb There was rumor yesterday that the Herder would be unable to carry out the mail to Germany on Tuesday, yd this report was denied by the a- ¢ line, | 2 NEW YORK HERALD, TUESDAY, JANUARY 27, 1874--PRLPLE SHEET. | STEAMBOAT LIGHTS, Lights on Steamboats and Tugs at Sun- set—A Meeting of Steamboat Owners Yesterday. Yesterday & meeting of steamboat owners and agents was held at the oMce of Warfords, Robin- son & Co., No. 19 Coenties slip, to recetve the re- port of the comimittee sent on to Washington to complain of the fines lately fixed on steamboats and tugs for not having their lights hotated at sun- set. The meeting was largely attended, Mr. L. Boyer, of No. 23 south street, presiding, ana Mr, Munger, of A. C. Sumner & Go.’s, acting as Secre- tary and Treasurer. The committee sent on to Washington consisted of Mr, |. L. Fisher (who last i. Was Speaker oi tne New Jersey Lower House), ir. C. H. Baker, Jr., and Mr. W. ©. Egerton. They reported that they were most kiudly received by Colonel Howe, General D. D. Smith, Super- vising Inspector General, Secretary Rich- ardson and President Grant, and that every assurance was given them Dy these gentle- men that the subject of their complaint shouia ve properiy attenved to, The Secretary 01 the Treas- ury said he would remit all fines, and, as far as possivie, he would also remit any expenditures in- curred by steamvout men because of libels already made. Some of these livelled in Brooklyn had already paid $25 to $30 for mar-hals’ lees, and it the iaw so allowed, he would see that this was re- mitted. Asto the lees of mformers, he was of opinion that the whole system of paying iormers Should be abolished, and he would urge oa Von- gress Lo puss & law ‘to this effect. As to the law Teq.iniug lights to ve raised at sunset, this law would rowaih in effect, now that steamboat and tug owners understood that this was Ue law aud iw woud be enioiced. Gen-ral Smith also prom- ised to have the laws in reiation to steamboats Cvdilled, so Unat no mistakes wonld be made. AS the 14ws were now arranged ne could not bim- Self stand ap examination on ail the particulars. {u the presence of the comuittee the Secretary of ths Treasury wrote an ercer dismissing Kimball, the New York iniormer, irom the empioy of the de- partment, ihe committee’s repert was accepted, and resolutions Were passed thanking Secretary: Rach- ardsun, General Suita, Colonel Howe and United States Seuator Frelinziuysen jor the interest they bad tukeu in the matter. ‘They also passed @ resolution unanimously that they Would have their higuts up at sanuown in iuture, and another axk~ lug Vougress to avoush the system allowing in- jJormers, and to substitute tiereior salaried omicers. _M:. Augustus A. Brush, Special Agent of the United ot.tes Lreasury, was present at the meet. Ing 48 a representative of the government, and said that his custructions corres;ouded with the report of tie comnittee. A SS ALKS AD AUCTION LBERT B, WALDRON, AUCTIONESK. By DW. IVES, Sale-rooms 1 8 Libe 'y and |! Cedar street. iMIS DAY, at Ll o'v.oca, __ Assignee’s sale ot 28 Parlor Suits, aiso Lounges and Chairs, First class goods, made ior efty (rade; also Buliets, Wardrobes, Bookcases, &¢, WeDNESDAY, r Chamber _uits, &c., same man turers, ALIEN B MINER, AUCTIONEER, Salesreoms 9 Chambers and 77 Reade streets. by ALLEN B. MINER & BRO, on THURSDAY, January 29, Af 103g o'clock, at the residence NO 197 WEST | WENTY-SINPU STREET, L HOUS HOLD FURNITURE, Mirrors, Care » &e., in perieet order. Details in time. GENTE, pets, & A®™ High class Modern Paite i A Beautuul Coliection, Now on free exhibition at the Art Gallery of EUWALD SUE SOK, No. Wd Liberty street, and will be s THUBSDAY and FRLDAY at 2 o’ciock eac EDW ay. RD SOHENCK, Auctioneer. AUCTIONEER, 2 Office and salesroom 37 Nassau street, opposite the Post oftice. Worse Auciion Branch, 19 to'2o Thirteenth street, near University pia ASSIGNEH'S SALE of FINE JEWELRY, DIAMOND RINGS, “Ah RCH, JOUNS STUDS, b AND WATORES, g : ARCH, this day and Wednesay, January 27 and 24 commencing each day at 1Lo’cluck, an elegant assortment of fine Jewelry, Watches, Diamond Studs, Rings, Sets in oral, Pearl, hyst: Gold Chains, 'Sleewe Buttons, Studs, Opera, Chains, Necklaces, Lockets, Trinkets, & Now on exhibition, with catalogue. By order of EZEKIBL %, KOUN, Assignee. Ag PRIVATE LIBRARY, . the property of RICHARD POWLE! bE VENS, Esq., containing am wnusuaily fine selection of siandard works and Americana, best editions, in fine bindings. Among which may be toun London Art Journal, 27 yols., with magnificent series. of plates; soydell’s shakespeare Gallery, with fine impres-tons ef the plates: Piranesi’s Vederte da i Roma, fine engravings, 2 vols, royal folio; British Poets, original Ald ne edition. 153 vols., uncut Sinith's Nove Cavaria, Burlington, 1765; Kan say's South Carolina, &c., 6 vols. ; Drake's Bos- ton, extra illustrated. 4t0., red morocco, ex- tra, by Matthews; Hutchinson's Massachu- sets ay, Acs, 4 Vols. very rare; Alison's History ot Europe, 33 vols. ; Macaulay's Complete Works, best edition, 8 vols., tree calf; Waverley Novels, &c., Ab- botsiord edition, 17 vols,;_ Fin- den’s Royal Gallery of Brit- ish Art, India P: Sub- seribers Copy; Li Yortraits, sions, imperial 8Y0., ke. he. Ce The whole to be sold by auction at the Clinton Hall safes- rooms. Wednesday, Thursday and, Friday evenings, Jan- uary 25, 29 and 30, commencing at 74 o'clock. Nooks on exhibibition. The Messrs. LEAVITT, Auctioneers. APTSTS FUND SAL. Paintings contributed in ald of the fund now on exhibition at the Somerville Gallery, 82 Firth avenue, ill be gold by auction on Tuesday evening, January 27, at o'clock. Exhibition free day and evon:ng. im ROBERT SOMERVILLE, Auctioneer, A SARGE SALE OF HOUSEHOLD, FURNITURE. this day, at private residence, 21 Fast Twentieth Street, near Broadway, commencing at 10% o'clock, con- sisting of everv article necessary for genteel housekeep- ing, viz, Rosewood Pianolorte, cdst $90; elegant Parlor and Bedroom Suita, Mirrors, Brussels. Carpets, Oil Paint- ings. Lace Curtains, Clocks, Bedsteads, Bureaus, Ward- Tobes, spring and hair Mattresses, Lounges; also dining rooin, basement and kitchen Furniture. (A7 Weel 28 STREET, NEAR 6TH AVENUE, entire Household Furniture sale, THIS (Tuesiay) MORNING, commencing at 10% o'clock, LUKE FITZGERALD, Auctioncer, sells all the elegant, costly and plain Household Furniture contaimed in above brown stone rexidence, comprising Steinway & Son 74 octave, Planoforte, latest style; Parlor ang oom Suits, covered in satin brocatel and reps 400 yards Velvet and Brussels Carpets, Bronzes, Oil Paintings Cabinets. &c. : Chamber Suit complete, 'Red- steads, Bureaus, spring and hair Mattrosses, Extension Table, Buitet, Chairs, solid Silver and Plated’ Ware; over 5 by ‘cat Sale positive. Basement and UCTION NOTICE, AGNIFICENT, 3) Furniture, Pianotorte, Bronzes, Pafntings éc., on THIS DAY (Tuesday) January 27. | at the private residence 36 West 15th st. etween Sth and 6th ays, commencing at 104 o'clock. Drawing rooms—Superb suits turniture, Grand Duchess, Marie Antoinette styles, covered silk Brocade, richest description Etageres, Marqueterie, Cabinets, Tables, Secretaire, Bookcase, Brouzes, Carpets, Paintings, Pianoforte, Music Stand, Extension Tabie, Sideboard, Miverware, Glassware, Cutlery, rosewood walnut Bureaus, Bedsteads, Wardrobes, Mattresses. Furniture, basement, kitchen and servants apartments. House Furniture, May 1. Sale peremptory, ‘Aud AITINES, Auctioneer, _ UsT UCTION SALE. AUCTION SALE, IMPORTANT and positive sale THIS DAY (Tuesday), at 1034 otclock, Handsome useful Household’ Furniture, Pianoforte, Bronzes, &c., at the elegant residence 21) West ist at., near 7th ay. Parlor Suits in satin and brocatel, two magnificent rosewood Pianofortes, inlaid, mar- etry and gilt Centre and Console Tables, Easy Ubairs, abitiets, Bronzes, Mirrors, Curtains, Paintings, Clocks, library and secretaire Bookcases, Libt Tabies, Books, Extension Tabie, Buffet, Dining Chairs, silverware, Crockery, rosewood end” wainut Bedsteads, Dressin: Cases, Wardrobes, Bureaus, Washstands, Lounges, 2 hair and spring Mattresses, rep, plush and Raircloth Suits, Writing Desk, hall and kitchen Furniture, and a variety of usetul household articles. N. B.—Nale positive. ROBBRT C. CASHIN, Auctioneer. UCTION SALE. AUCTION SALE. THIS (Iuesday) morning, at 1034 o'clock, St the private brown stone mansion 104 Fast Twenty-fiith street, near Fourgh avenne, magnificent rosewood 7g octave grand ‘square Piano- forte, handsome latest style Parlor Suits, in satin, brocatel and reps: Turkish and Oriental Furniture, ies, Cabinets, bois de roso; Etageres, Bronzes, Statu: ary, Vases, fine Dil Paintings, Clocks, Mirrors, Curtains, roséwootand walnut Chamber Suits, Mattresses, Bed= ding, Library, Dining Room and Basement Furniture, ac. Sale positive. E. ROTH, Auctioneer, HOUSEHOLD AES. SALES AF AUCTION, ISADORE J. SWARZKOPH, AUCTIONEER imbalt, eis, Oilcloths, Mirrors, Paintings, Lace Curtains, Secres ry, cabinet Sewing Machine, Chinaware, Glassware, hen Utensils: also one fine Mink Cape, Mut and boa. Pomaively, without reserve, IRAUSS & SWARZKOFPH, 375 Bowery. Y JOHN A, DUNN, AUCTIONEER.—wD B this day, at 104g o'clock, at No. 195 Prine Mirco the Farniture ot a dealer retiring trom business, consisting of Suits in ‘green rep, Lounges, Chairs, Soins Chairs, Turkish Chairs, children's Sofas and Chairs haircloth and rep. Sale positive, without reserve. }DWARD PETTINGER, AUCTIONEER, SELLS ON 4 tuesday, at llo’clock, at 24 Murray sireet, room 12, Office Fixtures, Desks Counters, Lounge, Pare Glass Cases, Mi lea, Sto fc. BER. 2 o'clock, contents Nassat nder sun Buide Wting Tables, Chairs, Ca Engravings, e \erators, Steam Tables, copper Boilers, Gas Fix- Crockery, laxsware, Kitchen Utensils, 4c. Bale pory. By order L. 6. Goetel, attorney for mort Gi Blanke Goods, Cuile UW, JENKINS & ©O., AUCTIONEERS, Will sell at'0% o'clock A. ML aa 18 D. AY (luesday), January 27, 1874, private reskience No. 213 West? between Sth and 9th avenues: eee all the Household Furniture contained therein, come prising—Rich Parlor and Bedroom. st ami kitenen Furniiure, superior curled batt aa froseos jeather beds, Pillows, velvet, Brussels and ingradm Carpeis, Crockery, Glassware, &c. &e |. H. JENKINS & 00. & Bleecker street. AMES M. FORD, AUCTIONZER, SELLS AT e@ o’clock--One rosewood, Pianotor! Furniture, Mirrors, Plimpton Wedstend. aor uae jowery ; ‘also chamber and bedroom Furnitt tre! Beds, Bedding, &c.; black walnut Metanaees ‘Table and dining Chairs. A‘large as ‘nt of ingrain It, Velvet and other Cart tes, o Paintings; ul Bap ki Stoves, silver, China, Crockery a Glassware, ac. Particular atteaition given to sales of descriptions in 'any part of the City. J. BeTBAVER AvcnIONKEA, oJ. TRAVER & WRIGHT will sell this day, at 10% o'clock, at 57 and 59 Great Jones sireet. large lot House hold Furniture, consisting ot black walnut Parlor Suite, In reps and haircloth; Drossitg Bureaus, Chairs, Tete-ne Totes Sofas, Lounges, Extension Tables, black’ walnut Wardrobes, Cotiage Suit, marble top ‘ables, Brussels and other Uarpets, hair and. husk Mattresses, ‘Chromom Paintings, Clocks, Looking Glasses, Stoves, itc., on gor count of former purchaser; Fancy Goods, " bottled Liquors, &e. ARSHALL’S SALE —WILL SELL THIS DAY AT 10.0'c! gharp, a lot of Contectioners’ Moulds, in rear of 146 Forsyth street. . DAILY, City Marsi —THOS. J. M'GRATH, AUCTION Mu dD ell this day, at Ny o'clock, at No. 82 Sixth avenue, the contents of a Sowelry Store, By order #. FKENY, City Marshal. ARSHAL'S SALI 108, J. WORATH, AUCTION- eer, will ¢ 10 o'clock, at 13 Canal Street the contents of @ Ségar Store, 4c. By order P. PEENY, City Marshal : AWNBRO + 8. THOS. | J. M‘GRAT. Auctioneer, 133 Chatham street, will sell this day, Ui o'clock. £0) "lots of Mons and Women's Clothing, Dr Shawis, Ren.nants, Bed 88 . Boois, Shoes, &c.5 also Coats, Pants and Vests” By oF nr. Lang, avenue G. SALE THIS DAY—BY JAMES DAWNBROKE: AGAK, 5 Bowery.—A large assortment of Un- redeemed ‘Pledges, consisting of Remnants, Dre Shawls, sheets, Spreads, Blankets, Quilts, Coats, Pam and Vests, and various other articles too numerous to mention, ' By order of M. Cook, 21 Amity street. PoHARY, WALTERS, AUCTIONEER—MARSHAT/3 sxale—Will sell, this ‘day (Tuesday), atl} o'clock, at northwest corner of Sixth avenue and Fourth street, the Stock and Fixvures of a first class Liquor store, positive DANIEL A. MURUHY, Marshal PIGHARD WALTERS AUCTIONEER —GROGERTES = Marshal's sale—will sell, Wednesday, at 11 o'cloe! at salesrooin 27 Kast Broadway, the Stock and Fixture! of a Grocery store, Viz. :—leas, Coftees, Spices, Preserves, Canned Fruits, Groceries. Olive Oll, fwine, Scales, Cases, Glass Casos, Sheiving, Counter, &c. J McDONOU! jarshal. ECLOSE A Ch MORT WILL sell the entire Stock and Fixtures of the Trunk Store and Workshop -20 Eighth avenue, consisting ot Trumka, Valises. Satchels, Showcases, Tools, 4c. Sale on the premises this day, January 27, at o'clock P.M. DUGGAN & DOWLING, Attorneys for Mortgagee. WANTED TO PURCHASE. OF NEW AND SECOND HAND DO- ewing Machines wi nted. Address, stating price, Lox 226 Brooklyn Post of we (ASH PAID FOR, A SET OF BUTOHERS | FIX tures.—Must be cheap. Apply, between 9 A. M. and 37. M., at547 Myrtle avenue, second door trom Schenck street, Brooklyn. JANTED—A SECOND HAND ROPE HOIST, WITH- Sy teen taro I Fipe, eixht inches inner diameter, new or second hai (dress, with particulars and price, box 3,666 Post o WANTED—A HANDSOME BLACK WALNUT PAR- tition, about 16 feet. im lengt with one, oF two doors, Inquire of TRAVELLE: INSURANCE OOM- PANY, 207 Broadway. ANTED TO PURCUASE—A DISTILLERY STORE in a good location. Address, with full particulars, Herald office. ANTED TO PURCHASE—A SMALL GROCERY Store or a good Milk Route or both. Address, with rice and full particulars, M. A. G, Herald Uptowm ranch office, FURNITURE. KEKLY AND MONTHLY PAYMENTS FOR Farniture, Carpets and Bedding, at 6. M. COW. ERTHWALL & ©O.'S, 155 and 157 Chitham street Am immense stock and low prices. LARGE ASSORTMENT OF CARPETS, FURNITURE and Bedding, at lowest cash prices, by weekly instale ments, at O'FAKELL'S warehouse, 410 Highth avenue, between Thirtieth and Vhirty-first stre Toom Sui ered silk brocade, cost $800, tor do. $100, do. Pianotorte tor ; Etageres, Cabinets, Carpets, intings, Bronzes, Mirrors; chamber, dit Furnijate property family leaving city. est "A. SAGRIVICE FoR CASH AT PRIVATE RESIDENCE 21 East Twentieth street, near Broadway.—Parlor Suits, $75 and $85; Bedroom ‘Suits, $40; Brussels Cai 5icents yard; rosewood Pianotorte, cost $00, for and 300 lots of Household Furniture cheap. RARE OPPORTUNITY TO PURCHASE HOUSE- hold Purnicure.—Pamily declining ‘housexeeping will sell, in lots to suit for cash, Pranoforte, $25); Parlor Suita, latest styles, cost $00), for $ e+ $200, Suits, $45 to $60; Carpet, Suc. dsteads, Bureaus, Matt Buflet, Chairs; other articles Call ior one week. Residence 12) West 2d street, near 6th avenue, UCTION NOTICE—GOOD SECOND HAND AND ; all sizes, rich patterns and fine qualities, from auction, very cheap, at the old place, 112 Fulton street, becween William and Nassau, FIRST CLASS SUIT OF OFFICE FURNITURE for sale—Including Letter Press, e.; also one Herring's best Sates, Apply to JOHN O'NEAL, 1,1, Broadway. GREAT SACRIFICK FOR ANY REASONABLE ofter.—Magniticent latest style satin brocade Suit, cost $80. tor $400; one do., $150; brocatel and rep Suits, $65, $50 and $35: Paintings, Mirrors, 734 oc rand square rosewood Pianoiorte, $250; fitrary, dining Furniture, Carpets; bargains for. cash family leaving city. Residence 14 East Twenty-finth street, one door east of Fourth avenue. MUST POSITIVELY BE SOLD, REGARDLESS + of value, entire handsome Bousehold Furniture private residence 210 West vist st, Parlor Suits, Labrary and Dining Furniture, Bedstends, Bureaus, fine Bedding, rep Suits, Carpets, Paintings, Bronzes, &c.; also el z 7k octave (Decker) Pianolorte. N. B,—Call this week. No trouble to show the furniture. (QaBrets, by tig week of month, pow corner of Tw fth street and Sixth avenue, YARPETS | AND FU} ITU! ar THE gLOWESE cash prices; weekly or mouthly payments taken. leary Fae A, CUNNINGHAM, 586 Third. avenne, between 27th and 28th streets, (4,902, SECUND HAND AND MISPIT CARPETS, ALE T sizes, rich, patterns and fine qualities; English” Browels, three-ply and ingrain. very place, 112 Fulion street, between William 110 YARDS, OR LE: OF HANDSOME VEL' oe Carpet will be sold cheap if applied for this. 7 is now on parlor floos of fence oo) Henry 1S Brooklyn. PROPOSALS, AM PREPARED TO CONTRACT FOR IGE, DE. liverad on board vessel, for immediate delivery or . during the summer, for delivery during th? sym STANWOOD, Gardiner, Me. PRY, JOUN Hl. DRAPER, & CO, AUCTIONEERS, The Delaware, Lackawanna and Western Railroad bargin will, sett 50,000 tons Scranton Coal at public auction on Wednesitay, January 28, at 12 o'el K noon, at 26 Exchange piace, SAMUEL SLOAN, President ¥ ¥. COLTON, AUCTIONEER,—GENTEKL HOUSE. hold Furniture, in West Sixteenth street.—Klegant velvet, Englixh Brussels and other Carpets, French plato pier ahd oval Mirrors, Curtains and Cornices, bed- Foom, parlor. dining roo Kitehon Goods, &c. ¥, COLTON will set this ay (Tuesday), dannary 27, at the’ private residence, No. est Sixteenth street, be- tween Sixth and Seventh avonues, at 11 o'clock, the en- Fich Furniture throughout, the house, ¢ rt bracing ant velvet, Knglish Brussels and other Carpets, ch plato dirrol rtains and Cornices, O11 Paint- lor Suite, Bedroom do., cottage ings and Kngravings, Furniture, ‘Beading Blankets, Quilts, Comforters, &c. logues early th at gage sale.—At 1 o' venue, I will sell, by yirtue of a chattel mortgage, a large quanuty of Machinery, Engin ner, Lathes, Saws; all kinds of Machinery of large moulding mill; also Horses, Trucks, Light Wagons, &c.. in lots pos itively Mfenters thviwd. "SOLOMON MICHABLS, Athor- ney for mortgagee. ¥ JOHN A. DUNN, Plead orks Tap SELL, tosmarrow (Wednesday) at 1 o'clock, 1th street, Harlem, splendid rosewood aud black wal it embroider nut Furniture, consisting of one Piano, ve, Deck: BOs Desks pus: penmitinieroecwroed nd MRC aribenen Suit, cost $1,000 Mirrors, velve' husk Mattresses, Pillows, Sheets ana and Oil, Paintings, Sideboards, Ex! lated Ware, together with all the ‘ives, Forks, Crockery, Tin and Lronwate. &c, 0, a7 East lush and French Brussels and tugrain, Carpets hate and Spreads, Chromos lon. Tables. Silver. itehen Furniture, REMOVALS, RE*%* Wo nave removed to the actous lofts, corner of Grand and orang meal x Saw Your, Jan. #7, Ista, ALEXR D. NAPIER & CO. ree EST SIDE STORAGE “ware «house for Furniture, Pianos an in scp mate roots imecommgdattons superior teu other cs tablishment In New York. OWN agers Oftine OS Hudson street neat TwelNthe Nt MARBLE MANTELS. AN ASSORTMENT OF MANTELS, UNSURPAS! for beauty ot di and quality of work: ‘ Slate Work of all kinds a. specialty: PENRHYN SLATE COMPANY, Fourth avenue and Feventecnth street, Union, square. CLOTHING. Ae erg THIRD AVENUE, NEAR TWENTY-THIRD streeg. LEON pays highest pripes for Tadige ‘and gentlemen!’s cast off Giouning, Carpels, Ac. are ‘Waated on by Mrs, LEON, T B, MINTZ’S, 248 3D AV., BETWEEN QTH AND 31ST A per cent more in wil be paid than’ resses, gentle ost punctual elienacd fi aati tits 4 n orders attended to, . ‘TIENTION |-880.000 IN CASH ON HAND, WHICH t ‘will disburse m4 cing Apparel Carpets; the: Sa we aueaeeeY Decal coe aies Miro or Mes, RUSENDING, 446 Seventh venus, ‘econ house fram Twenty-fourth street