The New York Herald Newspaper, March 10, 1874, Page 5

THE COURTS. The King-O’Neil Trial—Medical Testimony—Insanity Hypo- thetically Established. THE TENTH NATIONAL BANK. Peremptory Mandamus Against the Board of Apportionment—The End Not Yet. The Aldermanic Squabble—The Demo- cratic Candidate Triumphant. Frederick Gill (colored), one of the crew of the American bark Dirigo, had been charged some days ago, before Commissioner Shields, with having on the 20th of December, at Palermo, Sictly, as- Saulted the master of the ship, Mr. Thorne, with a dangerous weapon. It turned out, however, upon the examination that Gill was really the aggrieved party, having been shot during “the muss’? in the ear with a pistol, The Commissioner discharged him yesterday. The Marine Court, Part 2, presided over for the term by Judge Shea, was yesterday adjourned over till this morniny, in respect to the memory of ex- President Fillmore, deceased, The Woodhuil-Clafin alieged libel suit has occue pied another day of the General Sessions Court. The lightest skimming of the testimony is all that the public can desire to know at this late day of the ground of an action disreputable to all the Principals in it. in the Supreme Court, General Term, yesterday the Assistant Aldermanic squabbie as to who was tobe King Stork of that institution—tie democratic or republican—was decided by Judge Davis sustain- ing the election of the democratic member, Assistant Alderman Strack. THE KING-O’NEIL TRAGEDY. Close of the Testimony for the Defence— Medical Experts Gfving Their Views of Emotional Insanity in General and King’s Case in Particular—Probable Summing Up To Day. The most interesting day thus far in the trial tm the Court of Oyer and Terminer, before dudge Brady, of James C. King for the kining of Anthony F. O'Neil, was yesterday, and. although it was the tenth day of the trial, by which time the public is rather apt t6 get tired and lose its in- terest, there was the same undiminished crowd im the court room. Judge Brady and the jury and counsel on both sides and the prisoner all looked refreshed alter their day of rest. Of course the feature of the day was the calling by Mr. William F. Howe of various Medical experts to give their testimony On behalf of the prisoner, a testimony he and Mr. John O. Mott had been most sedulously eugaged in procuring and upon which unquestionably the fate of the prisoner depends more than all the other evicence offered. There was some other testi- mony, but it was of comparatively minor im- portanca, the feature of the day being the medical evidence. With this latver testimony the defence closed their case. Some rebutting evidence will be given this morning and then ex-Judge Beach will begin to sum up. It looks now asthough the case would reach tie jury to-morrow. In the sub- joined report will be found all the material points of yesterday’s testimony:— TBSTIMONY OF GEORGE M’CANN, The first witness called was George McCann, of No. 142 East Eighteenth street, janitor of the Stuy- ‘Vesant Building, who testified that Mr. and Mrs, King, children and servants occupied apartments there in 1871, and that Mr. King kept his tamily im good style. TSSTIMONY OF DR. ISAAC L. KIPP, Isaac L. Kipp, M. D., examined by Mr. Howe, to whom have been entrusted the preparation and Management of the deience from the insanity theory standpoint—i am medical examiner to the Mutuai Life Insurance Company ; 1 don’t remember having examined the prisover except trom my registry, of which I produce a copy; it is entered April 16, 1869, in the register, in the examination of James C, ee (The prisoner was here directed tostand up.) The doctor continued—l remember his features; his application for a policy was re- jected; he made an unfavorable impression; look- g at this paper, | find he stated in his answers he had one uncle insane; that he had met with buat- ness troubles and that his mind was sometimes disturbed; 1 knew then that the company dida’t Want him. To Mr. Pheips—I disliked his looks much; I ex- amined his heart and lungs; he weighed 130 ounds; his height is five feet nine and a half ches, as stated by himseii; I have no distinct recoliection o! the examination of his heart; Whether he was subject to palpitation or cough ‘was derived irom his statement; whether he had Telatives subject to pulmonary or otuer hereditary disease, he answered in the negative. To Mr. Beach—The reason why I didn’t like him ‘was because he appeared delicate and somewhat excited; Idou’t recollect that be revealed any business troubles to me. To Mr, Phelps—I soea pearance there was no aisease. ADDITIONAL TESTIMONY OF FRANK J. DUPIGNAC. Frank J. Dupignac was here recalled. He testi- Sed that he wenttied telegrams to him from King, Aagust 8 and 10, 1872, requesting a meeting in New York; that of the 10th asked, ‘What is tue mean- ing of these papers?” They were the papers in the replevin suit of Mr. Foulke, for wnom witness ‘Was then counse! against King. ‘ne witness fur- ther stated that on the 12:h of August, alier he had notified King that he would no longer act as his attorney, King called at his office and had an interview With him and his opponent, Mr, Fouike, which lasted some hours, District Attorney Phelps—What was the subject of that conversation? Mr. Beach protested that the conversation was privileged, Judge Brady said there were numerous decisions that a communication to a lawyer in presence of a third party 1s not privileged. In this case the third party was his opponent and the lawyer was Lis opponent’s attoruey. itness tien stated, in response to Mr. Phelps’ secre that the subject of the conversation was ‘ouike’s replevin suit against King and King’s do- Mestic difiiculiies, A portion ol it reluled to effecting a compromise. TELEGRAMS PUT IN EVIDENCE. The defence here oifered in evidence a telegram from O'Neil to the baggage master, Shore Line, New Yor! “Please tell the lady with the lurge gtay trunk not to go East to-day,” and another to O'Neil, from New Bediord, Mass., July 29, 1869, es to have papers sent on. It was signed A. d from his general ap- dication of any particular TESTIMONY OF DR. ERNEST D, PAGE, Ernest D. Page, M. D., of No. 27 West Twenty- sixtu street, examined by Mr. Howe, testitied that he knew and examined the prisoner in 1869; his lungs and heart were affected and he was sulter- ing from nervousness; he found his manner very irrational and be was highly excited; prisoner was then stopping at the Ocean House, Newport; at- tended jm at the Clarendon, in 1870, and nervous and excited was his general condition; the prisoner subsequently brougut his father to wit- ness to be treated, and on that occasion made the remark, “We are all a set of luna- tics;”’ he attended prisoner's children, and one of them had cunvulsions; the prisoner came to witness one day and said be thought he haa “raised blood” during the night, and his tongue Was cut; the witness told him to go to a dentsst, and he went, and came back and said the dentist told him there was nothing the matter with his teeth; some time afterwards—this was in 1870— Witness leit his office one day, the prisoner being there sitting down, and on bis return saw the Plisoner lying on the sofa, his hands clenched, his mouth drawn aside and foam on his mouth; tt was an epileptic fit; he communicated his domestic troubles to witness, and aiter that he was more depressed; the day before the homicide witness saw prisoner; he was very downlearted at one jaar and the next he would sing “Goodby, To Mr. Phelps—I am a physician of twenty years standing in this city; pt the occasion ol the epl- Jeptic Ht 1 left him in my office belore that, having an altercation with my partner, Dr, Dalzelle; the symptoms of the epilentic fit, which [ noticed as he Jay on the sofa when I came back, were paleness, blood on the mouth, foan on the mouth, and marks 01 floger-nails on his hands; f administered chloro- Jerm and stopped the convulsions; he remained fully an hour im the office before he was able to ate ceertMoN 'Y OF DR. AUGUST F. FRECH. August F. Frech, M. D. amined by Mr. Howe, testilied that epilepsy was @ paroxysin of uncon: sciousness combined usually with clonic symp- toms, and that it was to some degree hereditary. The doctor then described at iength the symptoms of a well developed epileptic attack. TESTIMONY OF EDWIN R, abnor, Mr, Edwin R. Abbott testifled—i knew Mr, King; Just after his domestic dificuities begun he came over to Goshen and saw me; he told me about his aifficuities; I met him again avout ten days betore the shooting in Twenty-third street; he seemed even more excited than before; he shed tears and talked about his chudren; 1 advised him to do no V harm to any offe and to live for his children ; I su; | gested to him to come up With his chilaren for @ month or two at Susquehanna, Where I was keep- ign a hotel. ‘The Court here took a recess. TESTIMONY OF EDWIN E. HOGAN. After recess, ex-Justice Hogan was called. He testified, in answer to Mr. Mott, that he saw the isoner in Jersey City, in the fall of 1872; on a Qonaay morning in that month, the prisoner walked into a palace car on the Jersey Railroad, where witness was speaking to sume ladies; paced up and down the car, and said to witness: “Judge, there’s a man inthe rear car has rot my wife; what am to do’ witness replied, ‘lake legal steps against him; he said he had done that, and the damned scoundrel was trying to take his children irom him; witness kept King in conversation all the time up to Jersey City, then King said, “Look at them now, look at them now;” witness looked and saw a gentieman putting a shaw! over a lady’s shoulder; King was very much excited; he paced up and down the car hurriedly; when he first came into the car the remark ne made was, “The im- vudence of the damned scoundrel, to bring my wile Tato the very car where I was sitting.” TESTIMONY OF DR. HENRY GOULDEN, Henry Goulden, M. D., examined by Mr. Howe, tes- tified that he was a physician, res ding at No. 28 West Twenty-second street. His practice was chiefly in Franeée, He explained the aifference between the “grand mai” and the “petit mal in epilepsy, and the tenaency ol persons suffering from it to ex- tement and insanity. Mr. Howe then put to him a long hypothetical question, setting forth the pris- oner’s antecedents and the facts proven by the defence, embracing the prisoner’s actions for the last flve years, his various attacks of epilepsy, and his actions when he heard the deceased had tnter- fered in his home affairs, up to the time of the shooting, and asked if under this state of facts he considered the prisoner at the time of the shooting to be sane or insane, This hypothetical question is another of those all-embracing difficulties that have been in late cases 80 adroitly put by the same counsel, and the answer to it was awaited with considerable interest, Witness, amid breathless stlence pervading the court room, such was the eagerness to hear the reply, answered, ‘He was insane,” The reply was naturally received by tne friends of King as something to relieve the otherwise direct testimony of shooting, and to give him a chance to bridge over that danger when the case comes to rest with the jury, ‘The Court then adjourned till this morning. TENTH NATIONAL BANK. Peremptory Mandamus Granted Agatnst the Board of Apportionment—Opinion ot Judge Donohue in the Case. The long and hotly contested litigation by the Tenth National Bank to get.$252,000 from the city on account of alleged advances to the New Court House Commissioners has resulted in a partial vic- tory for the bank. Judge Donohue, of the Supreme Court, before whom the argument was recently heard on the motion for a peremptory writ against the Board of Apportionment, rendered yesterday the following deciston:— OPINION OF JUDGE DONOHUE, Motion for a peremptory mandamus to the re- spondents in substance directing them to put the Comptroller in @ position to pay the relator’s ciaim, if correct. The eflect of the mandamus will "not be to legalize or establish the claim, but merely pat the relator in @ position to try its right, with- out expressly deciding that the relator is entitied to recover all claimed. There is proof on which to give them therighttotry. It is somewhat of a disgrace to the wisdom of the law in this age that no direct remedy exists against a county, but the claimant is driven to the fictions of the common law tomake men doaduty the law throws on them. The case illustrates the need of a direct remedy, ‘The most dificuit point in the matter to determine is not the rights of the parties, but how the case stands, Alter several years’ litigation, the relator is only now asking to be put in a position where its claim may be finally passed on, No blame rests on the county officers in con- testing aclaim they deny, but the bank has the right to have the contest in sucha shape that when a fair verdict is rendered tt shall have been final. Issues and a verdict here would produce no such result. Aiter such a verdict a new writ to the Comptroller must issue, and @ return and issues on that would compel a second trial, ‘This should not be, and neither the county nor relator ‘should be put to this expense. If the effect of this writ was to deprive the county of a trial the Court would hesitate to grant the relief asked; but when the Comptroller is asked to pay when in funds he may contest the debt if the question is an open one, which It is hardly worth wasting time now to inquire, because if not the Court should grant the writ, The Court has not the mere arbitrary ower to grant or withhold proper remedies: it is their duty to exercise not mentor but a judicial discretion, anu that only is exercised when the Court either finally decides or putsin motion the final decision of questions be- fore them. The writ asked for here simply effects the object of putting the Comptroller in a position when asked by the bank to pay to raise all ques- tions on the right of the bank to recover, and the Tesult on that will be to end all claims on the county or put the bank in a way to get their money without further expense. This tue relator has the right to ask, and in giving it the Court simply performed a duty, and saves both parties from useless expense. The relators should have an order for a peremptory writ. THE BOARD OF ASSISTANT AL- DERMEN. Election of Aasistant Alderman Strack as President Sustained by the Supreme Court, General Term—The Opinion of Chief Justice Davis. The legal dispute over the election of President of the Assistant Board of Aldermen, and how, as between the contestants, Wade and Strack, the case came before the Supreme Court, General Term, for decision, are matters of recent and fa- miliar history. A decisionin the case was ren- dered yesterday morning to the effect that nothing in the charter prohibits the reorganization of the Board of Assistant Aldermen at any time, and the action of that body in recently electing Assistant Alderman Strack as its President is therefore sus- tained. Judges Donohue and Daniels concur in this decision, Judge Davis presented a lengthy opinion, the principal points of*which are em- | braced in an epitome of the same given below :— OPINION OF JUDGE DAVIS. After stating the facts of the case he States tnat if a vacancy happens to occur tn the office of Pres- ident of the Board of Assistant Aldermen by death or resignation, or removal of the incumbent from the city, or any other event, the Board Is clothed with ample power ‘to choose a president from its own members,” under section 6 of the new char- ter. The act of making such choice would not be “recognizing” within the sense witnin which that word is used in the act. The intent of the restric- tion was to prevent the substitution of a new or- ganization for the existing one while the latter was in full force and operation, aud not to prevent that kind of reorganization which springs from the happening of vacancies on the ending of fixed terms of office. The disposition of the case de- | pended upon whether the respondent's election was made to supplant an existing office by re- moving him tram a continuing term, or to fill a vacancy which had occurred from the expiration of an official term, and that in turn depended upon the question whether the resolution of the Board passed at the election of the reiator de- claring him to be elected president for the year | 1873 was a lawful designation or limitation of hits term of office. Had the Board the power to make the relator president for one year, leaving the suc- cession for the second year open to a further choice, or was it bound to elect one for all and for the full period of the term of assistant alderman? The charter of 1870, under which Mr. Wade was elected, contained no declared term of office. The statute (sec, 8 Revised Statutes) there- fore provided that the oMce should “be held during the pleasure of the author- ity making the appointment.’ That pleasure was declared by the resolution electing Mr. Wade for the year 1873. Did the provisions of the charter of 1873, ‘and when once chosen he cannot be removed before the expiration of his term as alderman or assistant alderman only by a vote taken on a call of the yeas and nars of four-fifths of all the members of the soard,”’ operate to ex- tend the duration of the relator’s office beyond the year 1873 ? This language was not retroactive. Staiutes were not applied retrospectively by mere construction. in conclusion, the Court holds that the relator was not legislated to a term of office beyond that for which the Board had chosen him; that on the expiration of that term his ofice was vacant by lapse of time, and that, until his suc- cessor Was chosen, he was discharging the duties by force of the general statute which provides for such discharge, and that the Board, after such ex- Piration of the term, was, in choosing his suc- censor, noting eg Oe exigency which required no , anc ercl its original and law- ful authority. it 7 : hi BUSINESS IN THE OTHER COURTS. SUPREME COURT—GENERAL TERM. The Street Opening Mandamus Cases, Before Judges Davis, Daniels and Donohue. It will be remembered that some time since, in Supreme Court, Chambers, motions for writs of peremptory mandames requiring the Comptroller to pay the relators sums claimed to be due them respectively for services in proceedings taken for the making of various public improvements in this city, including the Riverside Park and street open- engineer and surveyor in five cases, and James S, Hennessy in two cases, Charles G. Cornell, William Wood and Gratz Nathan as commissioners of esti- mate and assessments. The amounts claimed were in the aggregate $44,250, and were adjusted and allowed by the Court on the confirmation of the Commissioners’ reports. The writs were denied at Chambers, on the ground that the relators’ ings, were made on behalf of John A. Bagley, as. ' remedy was by action at iaw. They appealed to the General Term, where a decision was announced yesterday, Judge Daniels giving the opinion, ‘The Court holds that the Comptroiler’s answer that he has “not collected trom the assessments and has notin his hands the amount required to pay the claims made or any sum whatever,’’ and that what had been collected was paid out, wasa valid detence against the granting of the writs; that the relator, Bagley, was a subordinate of the Commissioners, and had no right to resort to the city itself or to the fund for nis pay; tbat his ser- vices were done for the Commissioners and they must pay him, they alone oeing empowered by the law to receive the money for the city; and that it was their province to disburse it among the sub- ordinates employed by them. As to the Commis- sloners themseives the Court holda that their proper remedy is by action o! law. Validity of Paving Contracts. John L. Brown sued the city upon a claim for regulating, grading and setting curb ana gutter Stones on Tenth avenue, from Manhattan to 156th Street, and flagging sidewalks, under a contract with William M. Tweed, as Commissioner of Public Works, in September, 1870. Judge Van Brunt, in Supreme Court, Circuit, dismissed the complaint on the ground that the contract was not founded on sealed proposals, and that the certificate of the commissioners appointed under the act of 1872, that they were ‘satisfied that there has not been any fraud in relation to the making and entering into the contract,’’ was not in accordance with the requirements of the act requiring them to certify that ‘no fraudhas been perpetrated tn relation thereto or in t erformance thereo!,”” The Gen- eral Term yesterday aMirmed the judgment. The Big Pipes. A suit was brought against the city by John B. Green for $59,000 for laying Croton water mains, called “the big pipes.” The suit was decided against Imm, and yesterday this Court reversed the judgment below and ordered a new trial. Pay of Police Justices, Anson P. Smith, assignee of James Coulter, Po- lice Justice, brought suit to determine the ques- tion whether Justice Coulter was entitled to $10,000 or $5,000 salary. Tne judgment of the Court below was for $5,000 salary. The General Term yesterday reversed the judgment and ordered a new trial. Decisions. Hilderbrand vs. The People.—Writ of error dis- missed. Opinion by Judge Daniels, Copperman ys. The People.—Wri' missed, Opinion by Judge Davis. Isham, executor, vs. Davison.—Judgment af- firmed. Opinion by Judge Donohue, Jay, receiver, vs. De Groot et al.—Order to stand over to bring beiore the Court the proceedings in revinor, Opinion by Judge Davis. The People ex rel. Daniets and Another vs. Cush- man.—Proceeaings and judgmeut reversed, Opin- ion by Judge Davis. The People ex rel, Eldridge vs. Friedlander.— Proceedings aftirmed, Opinion by Judge Donohue, Stevenson vs. The Mayor, & Order affirmed, with costs, Opinion peg adee \s Canda, assignee, vs. Keeler,—Judgment affirmed. Opinion by Judge Donohue. Hill vs. McKenzie.—Judgment ordered for the plaintiff on the verdict, Opinion by Judge Davis. Oxley vs. King et al—Judgment afirmed. Opinion by Judge Donohue. ¥ ‘Yenth National Bank vs. Darragh.—Judgment reversed and new trial ordered, with costs to abide event. Opinion by Judge Davis, . Huston vs. Weber at al.—Judgment afiirmed. Opinion by Judge Daniels. Brown vs. The Mayor, &c., of New York.—Judg- ment affirmed. Opinion by Judge Davis, Greene vs. The Mayor, &c., of New York.—Judg- ment reversed and new trial ordered, with costs to abide event. Opinion by Judge Donohue. Toole vs, Garvin.—Motion for new trial granted, costs to abide event. Opinion by Judge Daniels. Willis vs. Weaver.—Judgment reversed, and new trial ordered, costs to abide event. Opinion by Judge Davis, ‘The People ex rel. Wade vs. Strack.—Judgment for the defendant on the case submitted, with costs, Cannon by Judge Davis. Dees vs. Wandell.—Decree of Surrogate aflirmed. Opinion by Judge Donohue, McVea vs. The Mayor, &c.—Judgment affirmed, Opinion by Judge Donohue. Dupuy vs. Wintz.—Order affirmed, Opinion by Judge Davis. ‘the Continental Bank Note Company vs. The In- dustrial Exhibition Company. Order aflirmed, with costs. Opinion by Judge Daniels. Mundorf vs, Mundorf.—Order aflirmed, with costs, Opinion by Judge Daniels. Getty vs. Spaulding et al.—Order modified and affirmed as modified. Opinion by Judge Daniels, The UContinental Bank Note Company vs. The Industrial Exhibition Company.—Order afirmed, with costs, Opinion by Judge Daniels, The New York Floating Dry Dock Company vs. Leaman and Another.—Order. The People ex rel. Baker vs. The Board of Ap- ortionment.—Motion denied. Opinion by Judge jonohue. SUPREME COURT—SPECIAL TERM. Decisions. By Juige Van Brunt. Crocker vs. Thompson et al.—Judgment for de- fendant, with costs. Greene vs. The Hanover Insurance Company.— Demurrer overruled. t of error dis- with costs, Bache et al. vs, Purcell; Kitchen ys, Conklin et | mentin the early part of the war. al.—Judgment for plainttts. Hume vs. Hanly et al.—Judgment for plaintiff, With costs. Weeks vs. Gersan et al.—Findings modified. SUPREME CCl ‘CHAMBERS, Decisions. By Jnage Donohue. Winchell vs. Wincheli.—Motion granted, In the matter, &c., Farrell; Tyug vs. N. 8. Sub- marine Torpedo Boat Company; In the matter, &c., Harmony Fire Insurance Company.—Granted. Miller vs. Brown (two cases).—Granted and re- ferred to John 8, Patterson. Schuster vs. Moelke; In the matter, &c., Ander- son; Tradesmen’s National Bank vs. Seeley.—Mem- orandams, Tenth National Bank vs. Board of Apportion- ment—Granted. See opimon, SUPERIOR COURT—SPECIAL TERM, Decisions. By Judge Monell. Whiteworth et al. vs. Erie Railway Company.— Order settled and entered. Roe vs. Roe.—Findings settled. By Judge Sedgwick, Miner va Beekman et al.—Order of reference granted. , Watson vs. Brennan.—The plaintiff should have judgment. See opinion. SUPERIOR =COURT—TAIAL TERM—PART 1, Decision. By Judge Spier, Camp vs, Fitzsimmons.—Judgment for plaintim, COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Larremore, Webster vs. Websier.—Relerence ordered to T. H. Langdon. Sands vs. Sands.—Keference ordered to A. U, An- derson, Lake Shore 0. L. Railway Company vs. Hess.— Motion denied, with costs to abide event. Smith vs. Smith; Kubel vs. The People of the State of New York.—Applications granted. ‘ Moser vs. Moser.—Divorce granted; custody of child awarded to plaintiff, Marx vs. Isenberg.—Motion denied. Windship vs. Tinkler.—Preliminary objection sustained, (See memorandum.) COURT CALENDARS—THIS DAY, SUPREME COURT—CHAMBERS—Held by Judge Donohue.—Nos, 71, 77, 81, 85, 90, 97, 98, 99, 100, 102, 110, 117, 118, 121, 178, 185,187, 189, 207, 29, 247, 266, 268, 274, 278, 263, 293, 306, 308, 310, 823, 324, 325, 826. Call 327. SUPREME COURT—GENERAL TERM—Held by Judges Davis, Daniels and Lawrence.—Nos. 137, 145, 147, 148, 160, 151, 152, 154, 155, 158, 160, 161, 162, 163, 164, 165, 166, 21,'37, 167, 168, 169, 171, 172. Supreme Court—Circuir—Part L til Monday.—Part 2—Held by Jud Nos, 237, 480, 1676, 1666, 436, M14, 1216, 1734, 25 3034, 3113, 1768, 1760, 1762, 1764, 1768,’ 1770, 1772) 1774, 1776, SUPERIOR COURT—TRIAL TERM—Part 1—Held by | Judge Monell.—Nos. 809, $45, 637, 741, 871, 731, 865, 633, 341, 1596, 1647. Part 2—Held by Judge Freed- man.—Nos. 880, 830, 898, 650, 870, 1490, 718, 158, 632, 902, 904, 906, 008, 910; 912, Court OF CoMMON PLEAS—TRIAL TeRM—Part 1— Held by Judge Loew.—No, 2273. Case o Court OF COMMON PLEAS—GENERAL by Judges ©. P. Daly, Robinson and J. Nos. 67, 3, 14, 31, 32, 44,'45, 68, 33, MaRINE CovurtT—TRIAL TERM—Part 1—Held by 08. 3794, 253814, 3468, 3516, 8212, 3356, 3364, 3342, 3344, 3454, 3458, 3462, 3466, 3470, Part 2—Held by Judge Shea.—Nos. 3205, 3421, 8116, 8203, 3473, 3321, 3413, 4975, 3457, 3459, 3461, 3463, 3467 3469, 3475, Pal Heid by Judge Joachimsen, Nos. 4517, 4304,4134, 2020, 4546, 3031, 4607, 4386, 4617, 8890, $251, 4178, 4000, 453 BROOKLYN COURTS. “Adjourned un- fe Van Brunt. The trial of ex-City Treasurer Sprague has again been postponed, this time until the first Monday in April. Mr. Sprague is still confined to his house by Illness, and Mr. Van Cott, the principal pros- ecuting counsel, is also unable to leave the house in consequence of a fracture of one of his legs, re- ceived a short time since. John Rhodes sued Joseph Ryall in the City Court yesterday to recover $6,000 for injuries alleged to have been received by being knocked down and trampled upon by & horse belonging to the defend- ant. Verdict jor defendant. The estate of John Carroll was claimed by two women, each of whom claimed to be his wile, Margaret said she married him in England; that he deserted her, and that she subsequently found him living with another woman as bis wife i | out as defective in his veto message. Brooklyn. Wife No. 2, who is known as Elizabeth Carroll, said she was married to him im this cou! try, and claimed to be his legal wife. Carroll turned to England, and died there intestate. Sur- rogate Veeder, of Brooklyn, granted letters of | administration to Elizabeth, and now Margaret | has brought suit in the Supreme Court, Circuit, for admeasurement of dower, UNITED STATES CIRCUIT COUiT—CHAMBERS. The Alleged Treasury Frauds—Super- visor Hawley Not To Be Released from | Ball—Trial ‘This Month, Before Judge Benedict. Judge Benedict yesterday rendered the appended decision tn the matter of the motion made on Sat- urday to have Supervisor Hawley, indicted with Sanborn and Vanderwerken, released from his bail:— Tne motion made herein to release defendant (Hawley) upon his own recognizance is based upon two grounds. The first is that the District Attorney, having been afforded an opportunity to try the defendant at the pres- ent term, has omitted todo so, As to his ground, it is indeed true that, by transmitting the cause from the Cir- cuit the District Court the District At torney could have tried” the defendant before this. But the failure embrace this oppor tunity to try the deienadft ‘which was aftorded should not avail to discharge the defendant, for the reason that it could not be foretold with certainty that it could not be reached in the District Court during the week to witich the jury business in the Court was neces. parity United, while i ipe cause wep Sranareries te the Jistrict Court PoRLben reached, it wou! impos- sible to remand itt ‘ke ‘Brcutt in time to tr¥ it berore the month of May. |The other ground on which the appli- cation 1s made based upon the affidavit ot the defend- ant Hawley, that he is informed and belleves that the District Attorney does not intend ever to try him upon the present indictment, but on the contrary has sum- moned another Grand Jury for the purpose of procuring a different indictment against him, In reply, the Dis- trict Attorney declines to say whether he intends to try, the detendant upon the présent or a different indiot-* ment, but he does say that he intends to try the defend- ant for the transactions referred to in this indictment, d that he will be ready to try him at any day atter the 2lst of this month. Upon such a statement by the District Attorney it would be improper to release the de- fendant trom nts bail. The motion to discharge the de- fendant Hawley upon his own recognizance must, there- fore, be denied. Icannot avoid noticing, however, the demand tora speedy trial. Such ademand made by any person charged with crime should always be granted if practicaole. And inthe case of an import- ant public office: arged with crime itis especially in portant to the public that he be either pumished or ac- Guitted without delay. In this instance, therefore, when both sides avow a readiness to go to trial, I shall direct a jury to be summoned to attend the Circuit Court on Wednesday, the 25th of March, on which day. if it be possible tor the Circuit, Judge to attend, I will take up the trial of th Counsel on oth sides will be ex pected to be ready on the day above named, inasinuch as I have no other time at my disposal prior to May. SUPREME COURT—SPECIAL TERM. Ethelbert S. Mills” Transactions With Other Peopie’s Money. Before Judge Pratt. The Brooklyn ‘Trust Company brought suit against the estate of the late Ethelbert S, Mills to secure title to the Post Oftice building in Wasning- ton street, which Miils, as charged, bought with money taken (rom the Trust Company while he Was its President. The case was reported in the HERALD at the time it came before the Court, Yesterday morning Judge Pratt rendered the tol- lowing decision in the case:— The Post Oftice property was purchased by Mr. Mills: now deceased, in his lifetime, with the moneys of plaint tit, He was then their chiet officer, with control of their business, money and books, and used their money to promote nis own interesis, he principle ot law is well established which the plaintiff now invokes, that in all such transactions the claimants may follow the money and any property in which itmay have been in- vested, and that any purchase of property should bo deemed to have been made by their officer with their | money tor their tse and benefit. Judgrent is ordered accordingly tor the plaintit! as prayed 18r fh the com plain UNITED STATES SUPREME COURT. [ Wasuinaton, March 9, 1874, In the case of Governor Kello of Louisiana, vs. H.C. Warmoth, tu the Louisiana Circuit, the Court was petitioned to allow an i oe to the Supreme Court of the United States, but the mo- tioa has been refused on the ground that the record does not show a final decree, In the case of the City of Davenport et al, vs. | Darks, the latter sued in the Circuit Court for Iowa on behalf of himself and others as stock- | holders in the Chicago, Rock Island and Pacific Railroad Company, to restrain the city from en- forcing @ tax for general revenue against the com- pany. <A demurrer insisted that the company should have been joined in the action; that the complainant had a complete remedy at law, and that the tax was @ valid one upon the | property of the company. ‘The Court overruled | the demurrer and enjoined the tax. Without passing upon the other questions it is here held that the company should have been joined, and as It was not, the demurrer should have been sus- tained, The decree was reversed. Mr. Justice Davis delivered the opinion, No. 206, Stowe, appellant, vs. The United States— Appeal from the Court of Claims.—This was an affirmance of a judgment against Stowe on a contract for the delivery of grain to the govern- Mr. Justice Davis delivered the opinion. No. 205. Eldred vs, Sexton—Error to the Supreme Court of Wisconsin.—This was a contest concerning the title to certain lands in Wisconsin, It is here held that the plaintiif’s entries were in- valid, and rigutiully cancelled because they were _mude belore the lands had been proclaimed for sale at the price fixed by law, and that as the | entries of the defendant were made after the lands were properly put into the market they were valid, Judgment affirmed. Mr. Justice Davis delivered the opinion. No. 8 Originai—state of Florida vs. Anderson.— Demurrer-overruled, BOARD OF ASSISTANT ALDERMEN, The Question of the Presidency Settled at Last. At the opening of yesterday's session of this Board Assistant Alderman Simonson (republican) was, on motion of Assistant Alderman Charles M. Clancy, called tothe chair as temporary presiding officer. It being understood that the Supreme Court General Term had rendered a decision in the long contested case of the rival presidents, considerable excitement existed among the poli- ticians around the City Hall. On the conclusion of the reading of the minutes of the previous meeting Alderman Clancy moved | that the decision rendered by the Supreme Court Judges to-day (yesterday) be now read, which was | adopted, whereupon Mr. William H. Molony, the | au clerk, read the lengthy document, a synopsis of which is given in the law column of the HERALD, awarding the seat to Assistant alder- man Joseph P. Strack, the democratic candidate of the present majority. The strife between the democratic and republican members of the Board | since the election of Mr. Strack last January, in the place of Mr. William Wade, the President, elected last year by a combination of republicans | and Apollo Hall democrats, and supposed to be entitled to the position, agreeabie to the new charter, until the end of this year, has been very intense and at various tlmes very bitter; yet the ood feeling existing between the opposing parties jas always veen of the pleasantest kind, As soon as the clerk had finished reading the de- cision Alderman Clancy moved to print the doc ment in {ullin the minutes, but the motion was amended so that 250 copies be printed jor the use of the members, and thus adopted. On motion of Aiderman Healy a committee of two Were appointed to conduct the new President to the position to which he was elected, aud cou- firmed in by the Court, Messrs. Healy and Wade were appointed such Santee! and conducted the gentleman to the chair, Alderman Simonson received Mr. President Strack with proper dignity, complimenting him on the victory he has achieved, and resigned to lim the chatr. President Strack, on assuming the gavel, pledged himself, in his endeavor to conduct the functions of his office to the best of his ability, to decide on ail questions coming up before him with fairness and Impartiality, and requesting at the same time the co-operation of the members in carrying out the difficult task imposed upon him. The regular order of business was proceeded with, which consisted merely of routine matters, such as the appoimtment of a number of Commis- sioners of Deeds. The Committee on Ordinances reported an ordi- nance concerning the slippery vault coverings, | similar to the one imtroduced before by Assistant Alderman Stephen N, Simonson, which the Mayor vetoed on the 2d inst. The new ordinance con- forms to the measures which the Mayor pointed The report of the committee was adopted anani- mously, as well as the new ordinance. Assistant Alderman Clancy, in @ feeling manner, announced to the Board, that by the morning pa- pers he had noticed the death of ex-President Mil- lard Fillmore. “Our statesmen are fast passing from our midst,” said the Aiderman, “and it 1s no More than meet that the proper respect, which they enjoyed while living, shouid be paid them when dead.’ He thereiore offered the following resolution :— Resolved, That in view of the demise of ex-President Millard Fillmore, on the sth inst, his portrait, which races the Chamber of this Board, be draped in mourn- ng for thirty days. Which was unanimously adopted. The Board then adjourned until Thursday after- noon, the 12th inst. CITY OHAMBERLAIN’S OFFICE. City Chamberlain Lave states that the following was the business of his office during the past week :— Balances Feb $1,572,313 Heoelpies tence 008 18 nt ve 'BALATS Balances March 7,. + 1,827,901 spectfully invited to attend his funeral, irom the roe street, to-day (Tuesday), March 10, at two o'clock precisely. eK only child of Bartholemew and Catherine Dond- van, aged 7 montht members of New York Lodge, No. 830, F, are respectiully invited to attend the funeral, from All Saints’ church, corner of Scammel and Henry Ricard on Wednesday aiternoon, 11th inst., at two o'ciock. March 8, F. FRANCIS FARRELL, eldest son of Will Farrell, aged 2 years, 6 months and 10 days. apectfally invited to attend the funeral, on Tue: day, March 10, at twelve o’clock, from the re: dence of his parents, 103d street, near Boulevard adoptea daughter o1 aged 16 years. em NEW YORK HERALD, TUESDAY, MARCH 10, 1874.—TRIPLE SHEET. CITY AND COUNTY TREASURY, Comptroller Green reports the following dis- bursements and receipts of the treasury yeater- dayi— Dusnonsnsrnrs, af Warrants Claims paid dig?“ Payrons Total From taxes ot 1873 and interest as From arrears of taxes, Assessments aud u From collection of assessments and interest From market rents. From water rents in Hoenses—Ma 5 n sales of City Record (ot fees and fines—District Courts, Total RECENT ROBBERIES, Superintendent Matsell received reports yester- day morning that robberies had been committed the previous day in the houses-of P, W. Verplanck, No. 145 Hast 128th street, Elisha Kingsland, No. 247 East 1iith street; and J. V. Briggs, No. 235 East 124th street. In each of these cases the thieves were successful in carrying off a quantity of property. No clew to any of the robbers has yet been obtained, but the police say they are dili- gently hunting them, > ——__+~ + MARRIAGES AND DEATHS. Married. DICKEY—MULHOLLAND.—At Greenpoint, on Wednesday, March 4, 1874, by the Rey. Thomas W, Haskins, WILLIAM Di NAUGHTEN DICKEY, Of Belfast, ireland, to Rosa, second daughter of the Rev. Jonu Gelston Mulholland, of Brooklyn, N. Y. Bellast papers please copy. DouGLass—REYBERT.—On Monday, March 2, at the residence of the bride’s parents, by the Rev. Wiliam Wing, ABram L, Dova.ass, of Brooklyn, KF, D., to SARAH ELIZABETH, daughter of S. G, Rey- Esq., of New York. ROBERTSON,—At Morristown, N, J., on Thursday, Marcii 5, at the residence of the” bride’s mother, by the Rev. R. N, Merritt, Louis L. Forces, of Augusta, Ga., to AGNES JACKSON, daughter of the late Alexander Robertson, SMITH—SMITH.—On Thursday h 5, by the Rev. Dr. arle, of Brooklyn, CARMAN T. Swiri to No cards. Miss 8. ADDIE SMITH, both of Harlem, Died. Avstrx.—On Monday, March 9, WILLIAM AUSTIN, aged 73 years. Relatives and friends are respectfully invited to attend the funeral, on Wednesday, 11th tnst., from his late residence, Westville, Conn. BakNey.—Suddenly, on Sunday, March 8, at the Windsor Hotel, DANFoRD N. BaBNEY, In the 66th year of hts age. Relatives and friends are respectfully invited to attend the funeral services, on Wednesday, March 11, at eleven o'clock A. M., at the residence of his brother, Ashbel H. Barney, 101 Bast Thirty- eighth street, corner of Park avenue, BENSON.—At New Rochelle, un Sunday morning, 4 Lee 8, Mrs. CLARISSA BENSON, in the 68th year of er age. Her relatives and friends are respectfully Invited to attend the funeral, from the Methodist Episco- pal church at New Rochei'e, on Wednesday alter: noon, March 11, at haif-past three o’clock, without notice, eR.—On Sunday, March 8, after a short, severe iliness, NICHOLAS A. M., twin son of JOHN and CATHARINE BREMER, agi 4 years, 2 months and 8 days. Relatives and friends, also thi Johannes Lodge, No. 301, 1. 0. V. hattan Lodge, No. 15, A. 0. G, invited to attend the fune church, corner Broome and 1 Tuesday, March 10, at one o'clock P. M. Cakty,—On y, March 9, Joun Carty, a native of Navan, county Meath, lreland, aged 64 ears. * Relatives and frienas are respectfully invited to attend the funeral, on Wedn lith inst., at two o’clock P. M., from his late residence, 181 Lud- low street, New York, CARVALLO.—On Friday evening, March 6, ANNIE © members of St. F., and the Man- +) are respectfully Irom St. Mattéus? zabeth streets, on So Jupson, Widow of Manuel Carvallo, Minister Pleni- | potentiary and Envoy Ex ordinary from the kepublic of Chili to France, England and Belgium. ‘The iriends of the tamily and of her sisters, Mrs, Jobn P, Ridner, Mrs, Frederick Bokee and Mrs. O. i. Mildeberger, are invited to attend the fune- ral, at Trinity chapel, on Tuesday, the 10th inst., at one o’clock P, M., without further notice, OLANCY.—THOMAS CLANCY, aged 11 years, of con- sumption. The relatives and friends are invited to attend the funeral, from his grandmother's, Mrs. Meehan, No. 235 Elizabeth street, on Wednesday afternoon, | at one o'clock, CoyLE.—On Monday, March 9, after a short but severe illness, ANNE, beloved wile of Michael Coyle, aged 29 years, Relatives and friends of the family, also those of her brothers, Patrick and Francis Lantry, are re- spectfully invited to attend the funeral, from her late residence, 153 Van Brunt gcreet, South Brook- lyn, on Wednesday, March 11; from thence to the ‘emetery of the Holy Cross, Flatbush. CREIGHTON.—O! congestion of the brain, on Sun- day, Mareh 8, Davip JOHN. son of William and neers Creighton, aged 8 years, 6 months and 25 days. Relatives and friends are invited to attend the funeral, from the residen Court street, Brooklyn, on Tuesday, two o’clock. Toronto (Can,) and Cold Spring (N. Y.) papers please copy. Crompiz.—In Brooklyn, on Sunday, March 8, Maky 8S. CROMBIE, mn the 74th year of her age. ‘The iuneral services will be held at her tate rest- dence, 342 Livingston street, Brookiyn, on Tues- day, March 10, at half-past one o’clock P, M. Boston papers please copy. . Date.—On Monday, March 9, SAMUEL WILLIAM, gon of James and #lizabeth Dale, aged 3 years, 8 months and 10 days. Funeral on- baat residen xington street, East Morrisania, at bne o'clock. Day.—On Sunday, March 8, ELIZABETH Day, aged 77 years. The rejatives and friends of the family are re- spectfully invited to attend the funeral, from ner late residence, 207 Park avenue, Brooklyn, on Tuesday, March 10, at eleven o’clock A. M. Drvok.—On Sunday, March 8, RACHEL, widow of Daniei Devoe, in the 7st year of her age, ‘The relat'ves and friends of the family are re- spectiully invited to attend the tuneral, at her late residence, at Yonkers, N. Y., on Wednesday, the 1ith tust., at one o'clock. DewEy.—At the residence of her uncle, 134 East Seventy-first street, on Mouday, March 9, ALLIE M. Dewey, aged 7 years, 10 months and 24 days, Bre remains will be taken to Vermont for inter- ment. De Wirt.—On Sunday, March 8, CATHARINE Bronk, wile of Peter De Witt, in her 83d year, Relatives and friends are respectfully invited to attend the funeral, from her son's residence, No. st Twenty-fourth street, on Wednesday, March 11, at two o'clock. DIMOND.—On Sunday, March 8, of pneumonia of the brain, E11zA JANE, wiie of William H. Dimond, aged 37 years, 10 months and 8 days. ‘The relatives and friends of the family, also the members of John D, Willard Lodge, No. 250, F. and A. M., are respecttully invited to attend the fu- neral, from Thirty-tifth street Methodist Eptscopal church, on Wednesday, March 11, at twelve o'clock M. The remains will be interred in Woodlawn Cemetery. ‘Train wili leave Grand Central depot at | nalf-past two o’clock P. M. Donengy.—On Sunday, March 8, MicnArL Do- HENEY, @ native of the parish of Galmoy, county Kilkenny, Ireland, in the 72d year of his age. The relatives and friends of the family are re- arch 10, at dnesday, March 11, from his residence of his son-in-law, M. McDonald, 28 Mon- Donn.—On Monday, March 9, OLIver PERRY, in- | fant son of 0. P. and ©. J. Donn, aged 9 months | and 15 days, Funeral services at No. 133 West Twentieth street, this (fuesday) afternoon, at four o'clock. Friends of the famuy are invited to attend, The remains will be taken to Washington, D, U., for interment. ieee and Alexandria (Va.) papers please ‘DoNovAN.—On Monday, March 9, Dents JosErn, and 4 days. The funeral will take place from his parents’ resi- dence, No. 1,200 Third avenue, on Tuesday aiter- Noon, at two o'clock, ELsEY.—On Monday, March 9, James ELsEY, ed 75 years, 11 Months and 20 days, Relatives and friends of the Totally; also the and A. M. EmMaANvEr.—In Brooklyn, on Sunday morning, ‘NIE, daughter Of Michael and Frances Emanuel, The relatives and friends of the family are re- spectfully invited to attend the funeral, from the residence of her parents, 115 Gates avenue, Brook- lyn, on Wednesday atternoon, the ilth inst., at two o’clock. FaRRELL.—On Sunday, March 8, 1874, THOMAS jam and Sarat in The relatives and iriends of the family are re- Frncu.—On Monday, March 9, CARRIE A. FINC! Ezekiel ahd Sophia Finch, ‘The relatives and friends of the family are re- spectfully invited to attend the funeral, at the Church of the Transfiguration, Twenty-ninth street, near Fifth avenue, on Wednesday, 11th inst, at one o'clock, t Frvzparrick.—On Sunday, March 8, ISABELLA PATRICK, age 24 years, ‘he relatives and friends of the family are ro- spectiully invited to attend the funeral, on Wednes- day, at one o’clock P. M., from St. Luke's church, Hudson street, vetween Barrow and Christopher streets, without furtner invitation, Frrzparrick,—On Sunday, March 8, Josmrnm Wit- LIAM FITZPATRICK, eldest son of John and Ellen Fitzpatrick, aged 2 years, 3 months and 20 days. ‘Lhe iriends and relatives of the tamily and those of his uncle, Richard H. Bermingham, are respect- ully invited to attend the funeral, on Tuesday, of his parents, 400 | , corner Of Robins avente and | : on March 10, at one o'clock, from tne residence parents, 234 East Thirty-sixth street, oF ae FRENCH.—In Brookiyn, on Monday, March 9, at the residence, of her nephew, Nicholas Doyle, CATHARINE FRENCH, & native Of the parish of Balla- more, county Wexiord, Ireland, in the Goth year of er age. ‘The {rends end acquaintances of the family, also those of her nephew, are requested to attend her funeral, on Wednesday, March 11, from No, 330 Gold street, at nine o’clock A. M., to the Church of Our Lady of Money. GavawaN.—On Monday, March 9, Joun Gavanan, f pane of county Sligo, Ireland, in the 62d year of 3 age, The relatives and friends of the family, and those of his son Bryan, are respectfully invited to attend the funeral, from his late residence, 149 Leonard street, on’ Wednesday, March 11, at two o'clock P, M, Gay.—At Stamford, Conn., on Monday, March 9, ADELA L., wife of William Gay, in the 5éta year ner age, . Relatives and friends of the family are invited to attend the funeral, from ner late residence, on Tuursday afternoon, March 12, at 23g o'clock. Gp —On Sunday, March 8, CATHARINE GID- Be the widow of Alanson Giddings, in her 73d The relatives and friends are respectfully invited to attend her funeral, from the Union Avenue Bap- Ust church, Greenpoint, on Tuesd: ch 10, two o’clock P, M, i imei Bumso ¢ u 1 Lockport papers please copy. GRirreN.—On Sunday, March, at three o'clock P. M., after a short illness, Jang M. BisHor, wife of Henry G, Griffen and daughter of the late Jesse Bishop, of Sing Sing, Westchester county, in the 2d year of her age. y Funeral from her late residence, No. 77 East Tenth street, on Wednesday, Lith inat., at twelve o’clock. Relatives and triends are respectfully ine vited to attend, without turther invitation. HENAGHAN.—PETER HENAGHAN, hative of county Mayo, Ireland, aged 35 years. The iriends of the family are respectfully invited to attend the funeral, from his late residence, 273 Division avenue, Williamburg, E. D. Horron.—At her residence, Upper New Rochelle, on Sunday, March Nancy Janz, widow of Benjamin W, Horton, aged 61 years, 2 months and 25 days, Funeral on Wednesday, March 11, 1874, at twelve o'clock. Carriages will be in waiting at New Ro- chelle depot on the arrtval of the nine o’clock A, M. train from Grand Central Depot. iver.—On Monday, March 9, Desoran, infant r of Peter and Amelia C. Hutt, The relatives and friends are invited to attend the funeral, from No. 749 Washington street, on Wednesday morning, at ten o’clock, without fur- } ther notice, KIMBALL—On Monday, March 9, of pneumonia, WILLIAM EUGENE KIMBALL, aged 24 years and 3 months. Relatives and friends of the family ure respect- fuily invited to attend the funeral services, at the residence of his brother, Robert J. Kimball, No. 205 Carlton avenue, Brooklyn, on Wednesday, March 11, at three o’clock P. M. LeCKEY.—On Monday March 9, JAMES LECKEY, aged 58 years, The relatives and friends of his family are re- quested to attenc his funeral, on Thursday, March 12, at nine o’clock A. M. His remains will be taken from his late residence, No, 30 James street, Brook lyn, to the Church of the Assumption, where @ re- quiem high mass will be celebrated. LEEDER.—On Saturday, March 7, EnizaA LEEDER, in the 51st year of her age. The relatives and iriends of the family are in- vited f0 attend the funeral, jrom her late rest- den Catharine street, West Farms, on this day (Tuesday), at two o'clock P. M, Lorp.—In Brooklyn, on Monday, March 9, 1874, StLas GEORGE, only son of George 8, and Isabella 5, Lord, aged 3 years and 9 months. ‘The relatives and irtends of the family are re- spectfully invited to atcend the funeral, at the residence Of his parents, No, 24 Middagh street, cor- ner Wiilow, on Wednesday afternoon, at three o'clock. MELLISS.—In this city, on Monday afternoon, March 9, suddenly, Davip M. MELLISs, Ip the 5460 year of his age. Notice of 1uneral to-morrow. Mor@an.—On ‘Thursday, March 5, at his rest- dence, No. 314 Leonard street, Brooklyn, BE. D., WitttaM C, MorGan, late civil engineer with Henry Meiggs in South America. Morrow.—On Sunday evening, March 8, JAMES MorRow, iu the 50th year of hits ago. ‘The relatives and friends are respectfully invited | to attend the funeral, trom his late residence, No. ¢49 Hudson street, on Wednesday, March 11, at one P.M. Belfast and Newry papers please copy. MULLER.—On Monday, March 9, AZREND MULLER, of Scharmbeck, Osverhol ermany. Notice of tuneral hereafter, Murkay.—Chevaller Huga Murray, officer of the Pontitical Zouaves, Killed at the storming of Manresa, in Spain, on Thursday, February 5, 1874. A solemn requiem will be celebrated for him on Wednesday, at nine o’clock, at St. Alphonsus? church, South Filth avenue, near Canal street. Members of the Catholic Union and others are in- Vited to be present. McGOVERN.—On Monday, March 9, 1874, KATE, the beloved wife of rena McGovern, aged 35 years. The iriends of the family wre requested to attend the funeraion Wednesday, March 11, at one o'clock M., from her late residence, No 878 Seventh avenue. ; Waterbury (Conn.) pores please copy. MoQuBENEZY.—On Monday, March 9, KaTE MCQUEENEY, aged 21 years, 7 months and 9 days. The relatives and friends of the family are in- vited to attend the funeral, to-morrow (Wednes- day), at two o’clock, from 332 East Twelfth street. McWuorrer.—On Monday, March 9, ALEXANDER McWuoRTER, aged 58 years, Relatives and friends of the deceased are re- Spectiully invited to attend his funeral, trom his late residence, No, 332 Jay street, Brooklyn, on Wednesday afternoon, the 11th inst., at two o'clock. peep: Sunday, March 8, JOHN NoLan, dged years. Relatives and friends are respectfully invited to attend the iuneral, at his late residence, 68 Uliver street, on Tuesday, March 10, 1874. | _ PAULIso: At Ridgefield Pars, N. J., on Sunday, March 8, J R. PAULISON, 12 the 72d year of eC. elatives and friends are invited to attend tne funeral, on Wednesday, March Ll, at one o'clock, | from the First Presbyterian church, Hackensack. New Jersey Midiand Railroad train leaves foot of Cortlandt street at 11:40 A. M. POLLEY.—At Montclair, on Saturday, March 7, Metissa L., wife of Wilnam Polley and daughter ot the late Deacon John H. and Lavinia C, Clark, for- merty of Brooklyn. ‘The friends of the family are invited to attend the funeral, from the residence of her mother, in Montclair, on Tuesday, 10th inst., at hall-past three o'clock B, M., without further notice. ‘Train leaves foot of Burclay street at 2 o'clock P. M., re- turning at 6:10 and 6:45. Carriages will be in | Waiting On arrival of the train. | “ Porrer,—On Monday evening, March 9, Georata, daughter of Israel T, and Sarah L. Potter, aged 8 ears. . u/s Notice of funeral hereafter. PURCELL.~-On Sunday morning, March 8 of a short and severe illuess, JouANA, daughter of the late John Purcell. Faonerai takes place from her late residence, No. 212 East Forty-fifth street, on Tuesday alternoon, 10th inst., at one o’clock, Relatives and frien are invited to attend. RoGERs.—On Monday, March 9, Mary A. RoGErs, only daughter of Andrew B. and Mary E. Rogers, aged 17 years, 3 months and 3 days, Notice of 1aneral hereaster. " SANDS.—On Monday, March 9, at her residence, ELIZABETH, Widow of Jesse M. Sands, in the 49th year of her age. The relatives and friends of the family are re- Spectfully iavited to attend the funeral service: on Wednesday, 11th inst., at four o'clock P. M., a St. Mark’s church, corner of Tenth street and Sec- ond avenue. Smuiri.—Saddenly, at Passaic, N. J., on Sunday, March 8, Saran P., widow of William P, Smith, in the 60th year of her age. Helatives and iriends are invited to attend her funeral, from her late residence, Passaic avenue, above Paulison, on Wednesday alternoon, the Lith Inti at three o’clock. Train leaves New York at ‘Patladelphia apers please copy. Saira.—In COmmack, L. I., on Monday, March 9, of pneumonia, CALEB SMITH, in the 66th year of his age. Relatives and friends are respectiully invited to attend the funeral, from’ his late residence, on Wednesday, March 11, at two o’clock P. M. SULLIVAN.—On Sunday, March 8, 1874, aster a line gering iliness, MICHAEL SULLIVAN, aged 68 years, Relatives and friends o1 the family, also the Sey- enth ward branch of the St. Patrick’s Mutual Alli. ance and Benevolent Association, are respectfully invited to attend the funeral, on Tuesday, March 10, 1874, at two o'clock P. M., from the residence of his son, Daniel J. Sullivan, No. 16 Eldridge street; trom thence to Calvary Cemetery tor interment, THOMAS.—At her residence, No. 62 Lexington avenue, on Sunday morning, March 8, SusAN C., eldest. daughter of the late Captain George Thomas, Relatives and (riends of the family are reapect- fully invited to attend the funeral services, on Tuesday afternoon, March 10. at four o'clock. ‘THROCKMORTON.—At San Francisco, Cal, on Fri- day, February 20, SUSANNA, Wife of Samuel R, Throckmorton and daughter of the late Edmund Turockmorton, of Red Bank, N, J. WIiLiie ‘VAN ScHAIcK.~On Monday, March JENKINS, eldest child of William M. and Van Schaick, aged 1 year, 11 mont id 1 ‘The relatives and friends are invited to attend she Panereh, a pis Braces of his parents, 254% Clinton street, Brooklyn, on Wednesdi March 11, at one o'clock P. hh k aii Warp.—On Monday, March 9, at the residence of her uncle, Andrew J. Martin, No. 141 Pacific ave+ nue, Jersey City (late Lafayette), Miss MARY ELIZ- ABETH WARD, daughter of Charles D, and Marga- ret E, Ward, aged 27 years and 2 months. Relatives and friends are invited to attend her funeral, on Thursday, the 12th inst., at one P. from the Methodist church in Lalayette avenue, Jersey City, N. J. snort iness, FRanoes AsayoN, daughter of the tate AN! HTON, daughter Of the lat Richmond Whitmarsh, of this city.” soca The relatives and friends of ‘the family are re- Spectfully Mvited to attend her funeral, ‘at Grace church, on Tuesday, 10th inst, at half-past nine o'clock A. M., without further invitation, Wo.Lrr.—On Sunda} rch 8, BEI of Dorotien and the’ Ia Semuer Wo fink ys Fi yeare, ‘The retatives and friends of the family are re- Spectiully invited to attend the Teveraletrow the ‘Thirty-fret Yesidence of his mother, No. 39 Kast March 11, at ae street, on Wednesday morning, it nine o'clock precisely. Members’ of Tempie Emanuel are specially invited,