The New York Herald Newspaper, May 20, 1874, Page 4

4 THE CouRTS. Callender and the Ocean National Bank— Alleged Bribery of $76,000. Tom Fields’ Salary as Corporation Attorney. A DECREE IN BANKRUPTCY. | Business in the General Ses- sions, Parts 1 and 2. John Martin was held yesterday in $100 bail for examination by Commissioner Shields to answer a charge of having sold and offered for sale cigars which were not properly stainped and poxed, Frederick Wallroth, the deposed treasurer of the Swedish Lutheran Church of Gustavus Adolphus, against whom the Church obtained a jadgment for nearly $4,009 on his detault, ap- plied yesterday to Judge Van Vorst, in Superior Uourt, Chambers, for a reovening of the cage. The motion was opposed by counsel for the Church and decision was reserved. TOM FIZLDS’ SALARY. An Assignee Wants To Get the Money Due Ficlds on the City Payroll as Corporation Attorney—Legal Aspects of the Case as Viewed Through Oppos- ing Counsel’s Spectacles. Wuen Thomas C, Fields found the atmosphere of | New York lacking in healthful geniality and in “fields fresh and pastures new” sought exemp- | tion {rom harassing prosecutions and threatening judgments, he left, as claimed, $16,000, due him | as salary as Corporation Attorney. Being indebted, ax farther claimed, in a large sum to Isaac Wood, he assigned the same to him. Making the assign- Ment was an easy thing, but getting the money proves to be quite a different affair. The legality NEW YORK HERALD, WEDNESDAY, MAY 2h), National Broadway Bank vs. Buystum.—Motion gTanted. Memorandum. Mary Carroll vs. John Oarroll.—Decree of di- vorce granted to p'aintim. ‘Goodhue vs. Rosenieid.—Order granted. By Judge Daniels. Chamberlain vs. Cummings.—Opinion. SUPERIOR OOURT—SPECIAL TERM. Decisions. By Judge Van Vorst. Russell vs. Day et al.; Lyman vs. Walker; Anso- bia Zehenal jank vs. Clewa et al.—Motions | granted. Wiswall vs. Wiswall.—Order granted for settie- ment of tsauea, Payne, executor, vs, Derby.—Defendant's excep- | tions overruled and reieree’s report confirmed; stay of proceedings vacated, Tanklin v8. Saunders et al.—Examination of de- | fendant, Hardenberg, must proceed, James vs. Arras et al.—issues settled and | awarded, By Judge Curtis. Lewis vs. Lewis.—Order to be settled on notice, ‘rrustees of Columbia College of New York vs. oe et al.—Judgment ior defendant. See opin- | n. jon. Lioyd et al, va, Burns.—Case resettled. See memorandum for counsel. | COMMON PLEAS—SPEOIAL TERM. | Decisions. | | By Juage J. F. Daly. Everdell vs. Everdell.—Reference ordered. See | memorandum. | Io the Matter, &c., of IhL.—AMdavit to petition | detective, MARINE COURT—PART 2, Decisions. By Judge Joachimsen. Simmons vs. Varley.—action for keep of horse, &c. Deience—Payment in full. Verdict and judg- | ment for plaintid ior $184 20, mies | Manufacturing ta gf vs. Giles, Wales & Co.—Action tor goods sold. Defence—Set om. Verdict and judgment for platntif for $100 06, Vaughn vs. Millintzky, &¢.—Action of contract. Judgment for plaintif for $66 18, Rosenbach vs. New Jersey Steambo: Com- any.—Action ror loss of on board steamer Brew. Defence—Denial of lity, Verdict and judgment for plaintiff for $50, Kempner vs. Becker.—Action for brokerage on | sale oi real estate. Deience—Denial of plaintift having performed his contract. Verdict for de- tendant. McKeon vs, McSorley.—Action for damages for trespass on land and destruction of barn, lence—General dental. Verdict for plaintul, $75. MARINE OOURT—CHAMBEBS, A Real Estate Transaction. Before Judge McAdam. of the claim being questioned, Mr. Wood brought suit against the city for the amount. The com- | plaint set forth the rendition of the services for which tne salary had not been paid and the mstances of the assigu- ment. In the answer various efforts were set op, the nature of which will be seen in the | subjoined report of the last legal phase in the case as developed in proceedings yesterday before | Judge Donohue, holding Supreme Court Chambers. | The proceedings were upon a motion to strike out | as irrelevent portions of the answer. | Mr. Wheeler H. Peckham, who has been specially retained to deiend the rigi'ts of the city in this ac- tion, made a ip owe labored harangue 1n defence of hls answer. He first pictured the corpulent | ex-Corporation Attorney atugitive trom justice, and ag such having abandoned his office, and with such abandonment all right to receive any arrear- ages Of salary. As this was rather general he pro- ceeded to be more specific. Allowing even that afrears Of salafy might be ciaimed, he insisted the offsets put in the answer were entirely deiensi- ble. The first offset was that Mr. Fields, while Corporation Attorney, received a large sum in fees | to which he was not entitied. Another offset—and | upon this the greatest stress was laid—was that | in a suit brought on behalf of the people in Albany | @ judgment for $600,000 was obtained againat | Fields, ana, therefore, that instead of the city | pats Aa any money, he was largely indebted to city. Coionel Granville P. Hawes, in pressing the grant- | ing of the motion, urged that the fees taken were those allowed by the statute; that the amount of salary claimed had been justly earned and had not been paid, and that the assignment of the same was regular and legal. As to the judgment obtained in Albany, he insisted that the suit was brought in the name of the State, and that the city had Dothing whatever to do with it. 1 Atthe close of the argument Judge Donohue | took the papers, reserving his decision. BUSINESS IN THE OTHER COURTS. | UNITED STATLS CIRCUIT COURT. A Decree in Bankruptcy—Amendment of Petitions. \ Yesterday Judge Blatchford gave a decree in the | case of Wm. N. Stone, as assignee of Heury Weiss, | bankrupt, against Joseph Blum and Adolph | Prochawrich. This was a suit in equity arising under seciions 35 and 390f the Bankrupt law, for the recovery of about $10,000, tne value of certain | property alleged to have been received by the de- | fendants from the bankrupt by way of preference, and in alleged fraud of the provisions of the act. Weiss bad been doing basiness in Galveston, | Texas, up to November, 1567, and was then owing the defendants about $12,000 for goods sold and delivered, which, it appears, he fatied to pay, | but Instead turued out goods irom | his store of the value of about $10.000, | ‘The defendants received these goods in lieu otf | Cash in satisfaction o1 their dept. At tae time of | this disposition of the goods Weiss was Moet many otber persons, whose debts were due and | unpaid, Subsequently Weiss was declared a | bankrupt on the petition of Eldridge, Dunham & | Co., of this city, and the plaintiff here, who was elected the assignee of the bankrupt, brought this suit to recover back the property. The deiend ants, in addition to other matters in their defenc: by way of answer raised the question of the valia- ity of the bankruptcy proceedings in Texas by reason of the amendment of the creditors’ peti- tion, and of the title of the assignee under such proceedings and his right to bring the suit, Yes bering Blatchford gave a decree for the Plaintif. E. A, Seixas tor plaimtuif, Martin & Smitn Jor defendants. | The Trial of Charles Callender. The trial of the case of Charles Caliender was Tesumed yesterday before Judge Benedict in the | United States Circuit Court room, No. 27 Chambers street. The indictment against the defendant charges him witn having accepted a bribe of $76,000 from the Ocean National Bunk of this city to influence his oMcial action as bank examiner tm regard to the afairs and condition of thates- tablishment. | Mr. William Fullerton and Mr. Dudley Fteld ap- | peared as counsel for tie defence, and Mr. A. HL. | Purdy, United States Assistant District Attorney, | for the government. | It is claimed on the part of the government that the bonds upon wiuch the defendaut procured joans from the Ocean Bank were utterly worthiess and had no market value at the time they were given as such security; that the bauk was aware Of this, and that the bonds in question were prin- | cipaily bonds of the Portage Lake and Lake Supe- | Tior Kailroad and Iron Company, with some ot tue otes of Wild & Co. Mr. Columbus 8. Stephenson, ex-President of the Ocean Bank, was cross-examined at considerable length. He stated that Caliender had obtained the money from the bank om the endorsements of Wild & Co., the bank at that time believing that | firm to be one of good commercial repute and | standing in the community; whem he became | President of tne bank it held in its own rignt | about $30,000 worth of Portage Lake bonds; when he took these bonds tt was bis impression and belief that Calender’s security was good. Reply- pm Aes aquestion as to what be meant when he sald that he would not have loaned the money to | Callender if pe bad not been a bank examiner, Wit- ness stated Chat Callender was a bank examiner, who knew all about the arairs of the bank and all about the Portage Lake ana Lake Superior Shi) anal Kaiiroad and Iron Company; knowing all about the bank a8 uilender did, he (witness) felt at liberty to loan the money, but he did not joan tt to him in the bope of influencing bis ofMcial action. Witness went on further to state that he had a0 dread of the bank examiner, as he was regulariy in communication witb the Comptroiler of the Cur- reucy on the affairs and condition of the bank and advising him of what they were dving; that, in point of fact, the bank was insolvent when i ‘was cnangea from @ State to @ national bank; that 41 took him probably a year to ascertain this; that Wilitam M. Freed Was One of the directors, but did | Rot accept the honor of meeting with the other | members of the Board of Directors. | The witness stated, in reply to counsel for the | sorernment, that at the time the Ocean Bank | jailed be owed it money whieh was yet unpaid. | He did not know exactiy how mucn he owed it, | but he did not bother mach about the matter, as | ‘he never would be able to pay this money, The further hearing of the case was adjourned nti) this morning. SUPREME COURT—CHAMBERS, Decisions. a e Lawrence. ys. The Mitchell Non-Explosive Boller Com .—Injanction continued. Motion for a iver dented. Loaners’ Bank vs. Jacoby.—Motion denied. Mem- orandum. ‘Moses vs. Ribon.—Memorandaom. bag By Ju Donohue. vs. National Steamship Company. In matter, &c., of Beard,--Granted. Memo- raoater ve. Central Railroad of New Jersey.— Motion denied. Memorandum. Batjer va. gies) ‘d. ‘Motion denied, | overruling the demurrer and granting judgment | that there was no demand for damaged goods; concluded in his own mind tuat the tre would | occur that 3 William H. ne and John L. Cregier, connected | with the insurance patrol, were eXumiued as to jury, were postponed—Dusenberry’s until Thurs- | rated neck; William Muller vs. Jonn 4. Stemmler et al.—This | was an action brought to recover $1,000, on the charge that Stemmler, his wife and other defend. | ants conspired to defraud the plaintiff out of this | sum through falsely representing that they were owners in iee simple of a plot of land at Astoria, L. L., and that the same was free trom all encum- brances, whereas, as alleged, the land was mort- gaged for more than it3 value. The suit was rought on the 15th of April, and Stemmler was arrested by the Sheriff and held to bail. Tne de- jendants demurred to the complaint on the ground that it did not state facts Suficient to constitute a | cause of acuon. Judge McAdam gave an opinion forthe planug. GENEBAL SESSIONS. The Sarner Alleged Perjury Case. Before Judge Sutherland. The trial of Julius Sarner, charged with perjury, progresses very slowly in this court, Yesterday Francis W. Ferry, a porter in the employ of the defendant, was on the stand nearly the whole day. During his examination he was shown an affidavit | to which his signature was attached by himself at | the office of counsel for the accused after the fire, im which it was stated that iur caps were on the floor where the fire occurred. Ferry said the affl- davit was ail prepared, and he objected to swearing to anything about a large quan- tity of tur caps being on that floor. The witness further stated two men named Clark and Rillings— | witnesses for tue deience, whom be pointed oat in Cour:—followed him everywhere; that he was airaid of them, and that in their presence he signed an agreement, at Sarner’s request, that, on condition that he world pay him six months’ sal- ary in advance, he would not go against him on the trial. He protested and said that he did not want to have anything to do with it, but wished to go back to Ireland. Ferry said that one after- noon, two weeks before the fire, he was concealed on one of the floors, and heard Julius Sarner and his brother taiking abvut the insurance companies; that ‘We are paying insurance, we will make the iusurance companies pay lor these.” On the af- ternvon of the fire the witness saw a young man locked up in the store, whom he thought was Wil- liam Sarner, the son of the defendant, and then ne | 176, 1 | Tied one ot then tn England and the other here, Charles Thom; Of stealing four sets of teeth et a: Soon fe aets were. stolen within the mon! e100 tell on Thom mm, WhO employed by ‘tenant of Mr. Aten, ‘and when he was arres! by Officer Laird, of the Ninth pre- cinct, on Monday night, he immediately confessed his guilt, He designated the different places where he had sold the sets, and the gold plates have since been recovered, Thompson Was COM- miltted im $1,500 bail to answer. OOURT CALENDARS—THIS DAY. SUPREME Covrr—Cnampens—Held by Judge ' 3, 14, 4635, vo sessions Donohue,—Nos, 22 60, 66, 72, 75, 79, 94, 96, 100, 102, 115, 139, 148, hi tae ta ith, 173, 115, 176, 188, 187, 188, 195, 203, 204, 212, SUPREME COURT—GENERAL TERM—Held by Judges vis, Dantels and Donohue,—Nos. 51, 52, 155, 24, 29, 31, 54, 55. 156, 10, 59, 145, 147, 148, 160, 1m, 178, boy * 115, 30, 89, 90, 91, 92, 114, 166, 173, SUPREME COURT—UinCuIT—Purt 1—Adjourned for the Term. Part2—Heid by Judue Van Brant.—Court opens at 10 A. M.—Case on, No. 7765. Part eld by Judge Lawrence.—Nos. 11¥5, 427, 1777, 1475, 1593, 1581, 1597, 3175, 1607, 491, 1571, ATT, 1745, 1767, 2827, 1407, 1459, 1629, 16 SUPERIOR CouRT—TRIAL TERM—Part 1a Judge Curtis.—Nos. 1553, 873, S79, 1811, 653, 1741, 89, 863, 927, 655, 905, 237, 939, SL. CourT OF ComMON PLEeaS—TRIAL TERM—Part 1—Held by Judge Loew.—Nos. 2600, 2219, 4072, a 8971, 570, 2499, 4078, 4080, 3816, 1617, 344, 107, MARINE CoURT—TRIAL TerM—Part 1—Held by Judge Gross.—Nos. 4313, 5121, 3785, 4152, 4175, 4401, 4569, 4625, 3637, 4933, 4112, 4216, 4317, 4571, 4144, 4208, 4283, 4239, 4262, 410d, 4862, 4249, Part 2— Held by Judge Jouchimsen.—Nos. 2455, 2456, 2189, 4009, 4871, 3557, 3603, 102, 4599, 3373, Part 3—Held by Judge Spaulding.—Nos. 8778, 4131, 4878, 3536, 4275, 4251, 4778, 4510, 4291, 5148, 5151, 5241, 4855, 4039, 4047, 4943, 4945, 4046, 4047, 4048. | Part 4— Heid by Judge McAdam,—Nos, 32 903 5071, 5133, 4401, 4402, 4463, 4464, 459: , 4636, 4648, 4657, 4708, 4593, 3454, 3746, 5234, 5235, 5274, Part 5—Held by Judge Alker.—Nos. 4149, 4913, 4914, re 4763, 3975, 8924, 3641, 3979, 4457, 4305, 4746, 4748, Court OF GENERAL Sxsstons—Part I—Held by Judge Sutherland.—Ihe Peopie ys. Julius Sarner (continued), perjury, Part 2—Heli by Recorder lackett.—The People ys. Ernst Moller, homicide; Same vs. Jolin Given, homicide; Same vs. John Geary, manslaughter; Same vs. Patrick Piggot, manslaughter; Same vs. William Flynn, burglary; Same vs. Wilham Smith and Join Donnelly, burg- lary ; Same vs. Jane Huastoga and Louisa Williams, pane larceny; Same vs. George H. Cooper, grand jarceny; Same vs. Thomas Carraher, grand lare ceny; Same vs. Peter Foley and bdward Morris, larceny from the person; Same vs, Caries Harri- son, receiving stolen goods. OGALENDAR OF OOMMISSION OF APPEALS, Auuany, N. Y., May 19, 1874. ‘the following 18 tue day ‘calendar of the Com- Mission of Appeals ior Wednesday, May 20:—Nos, | 139, 142, 144, 147, 148, 136, 133, T1, 121, 14 a anc after to-morrow there will b jaily. The Commission adjourned to-day until ten A, M. to-morrow. BROOKLYN COURTS. In the City Court yesterday Henry J. Doolittle, driver of a cross-town car, sued Paui Wolfert for $5,000 damages for injuries received by a collision between defendant's wagon and the car on which li rrupae was driving. Tue jury ¢ Doolittle 853 Mary Condon is suing William Ca for $10,000 for alleged breach of promise o1 ma. ge, and for $300 money loaned. She alleges that Casey bor- rowed the money on the strength o! the promise to marry her, out subsequently jilted her and mar- ried another woman, When she refused co loan him more money. The d ident denies each and every allegation, and second answer asserts that the plaintiff ts a disreputabie character. The case was before Judge Pratt yesterday on a motion to strike out the second answer. ‘he motion was dented, The Carroll contested will case is now before the Supreme Court again in the shape of a suit to settie the question of dower. ‘Inere were two claimants to the estate of Joti Carroll, who mar- A jury some time since decided in favor of the first one, and hence this suit. Decision reserved. ‘lo-morrow morning ex-City Treasurer Cortland A. Sprague, woo was recently acquitted of the | charge of embezzlement, will present himself in | the Court of Sessions, in order that a day may be fixed or his trial on the charge of misfeasance, for which he has also been indicted. ‘ne cases of | Isaac Badeau, the indicted ex-Tax Collector, his | deputy Captain Gill and the indicted Commission. | ers of Charity will also be set down for trial. SUPREME OOURT—SPEOIAL TERM Yesterday’s Decisions. By Judge Pratt. ©. S. Tiffany vs. H. A. Bowerman, et al.—Motion granted on plaintifs paying $50 costs. George W. Morgan vs. Peyton Jandon et al.—This | Motion must be denied under authority of 52 New | York, 658, and 31 New York, 125. J. E. Budiong vs. RK. F. Westcott.—Motion for new trial denied with $10 costs. Motion Jor extra allowance granted to extent of $50. the extent of the fire. Henry R. Chandler, a spectal agent for insuran-e companies, was called to prove that he investi- gated the books o/ the defendant. Recorder Smith objected to the District Attorney permitting the witness to give an abstract of the accounts, At this point the Court adjourned. GENERAL SESSIONS—PART 2, Before Recorder Hackett. District Attorney Phelps and the Recorder dis- posed oj a heavy calendar yesterday in the Second Part of the General Sessions. At the request of counsel the cases of Austin Black and John H. Dosenberry, charged with attempt to induce per- day next, and Black’s until Tuesday 0! next week. A Diamond Ring. George Bell, @ good looking young man, was charged with stealing a ring, worth $160, from a good looking young woman, named Harriet Hewett. It appears that they had been sitting together, George having hoid of Harriet’s hand, | when he badd og the ring from off her Noger; that alterwards he pawned it, and she nad not been able to get It back trom him. Beil told the District Attorney that ne was willing to replace the ring, | and according\y, the circumstances showing that no theit was intended, the case was set aside for a week, tn oraer togive the young man an oppor- tunity to carry out his acknowied urpose. Fourteen other cases were finally disposed of, all bat one of the prisoners wisely consenting to accept the punisument attached to offences ofa | lesser grade, to which counsel advised them to | plead. SPECIAL SESSIONS. Before Judges Sherwood, Murray and Smith. The presence of Judge Murray on the bench yester ay morning had an enlivening effect on business. A calendar of forty-eight cases was dis- posed of in jess time than it previously took to get through with thirty. Joun Cummings was sentenced to one month in the Penitentiary for stealing @ pair of shoes, Denied His Rights. Thomas McArdle and James Carr were charged by Solomon Lowitski with stealing a pair of shues, McArdle said that in passing complainant’s store he had knocked down the shoes, which were hang- ing up vatside, with his elbow. Carr wanted to tell his story and be sworn in his own behall, bat Jadge Smith would not listen to him, and he was gent to the Island. Cruelty to Hors William C. Ennever charged James Walsh with driving a horse afflicted with a sore neck, He Stated that the sore was under the collar and was seven inches long by two and haif wide, and | ined the horse very much. Walsh swore that he sore Was only three inches long and was pro- tected by a pad. This had been displaced, and | was not exactly over the sore when the officer ar- Fested him. Prisoner was fined $.0. Frank Schafer Mathew Morris were fined $5 each for apie dd ‘boneyard” steed with a lace- Thomas Leeper was sent to jail for ven days Jor chastising & recalcitrant nag. “Kil That Cacti” James McKay and his young wife Fanny are, physically spesKing, as fine @ couple as one would wish to see, out they do Mot get along weil to- gether, for James “smacks” Fanny in the face—at | least, so she says—and for very slight provoca tion. | It appears that two or three nights wince the feline | music of an “old Tom” prevented James from | sleeping, and he told Fanuy to get ap and kill the cut, which she refused to do, whereupon he hit her a “smack in the eye.” James acknowledged bav- ing bit her, bat relates the circamstances and provocation very differently. she woaid not give him his meals an answer him when he spoke to He hit her to bring her to her senses; bat she came to court instead and had nim fined $25. TOMBS POLICE COURT. Before Judge Wandell. There were two pickpockets arrested and brought here yesterday. The amounts taken were trifling—Ofty cents in one case and $2 in the other. The fifty cent man, Alf Johnson, was committed in $500 bail to aaswer at the Genera! Sessions; Chris. Gallagher, the other prisoner, was held in $1,000. The National Bank of Orangej County vs. B. L. Dellegar et al—kntire allowauce of five per cent grantec Southside Ratlroad vs. James A, Spillett.—Moticn denied without costs. Peter Voorhis vs. A. A. Demarest et al—Motion to continue injunction denied. J. Severding vs. City of brooklyn.—Demurrer overruied. CITY COURT—SPECIAL TERM. Yesterday’s Decisions. By ae Neilson. Wilson vs. Doran and Palmer.—Doran was bound by contract to pay plaintiff tor the entire work. ‘The notice of lien states that the plaintiff has tue claim against bim, and the jury, in answer to one | of the issues, find that Doran is still liable. The parol undertaking of Palmer to be “responsible ior the performance of satd contract on the part of Doran” was not original and independent, and is within the statute of frauds. Appiication for judg- ment denied. English vs. Brennan, and Thompson vs. U’Brien.— New trials granted. Smith vs. Chasseaud.—Decree signed. Costs al- lowed, but no extra allowance. Jn the m atter of Ruea Nelson.—In the fourteen cases taxation correction made. in the matter of Robert Cauldwell.—In four cases the lige orders—in both matters filed, THE OHILIAN INTERNATIONAL BXPOSITION- It is announced that the South American Steam- ship Company, whose steamers have recently com- menced to run from Valparaiso along the South Pacific coast to Panama, offer to convey gratul- tously ail articles sent to the Chilian International Exposition from any point at which their steamers touch to Valparaiso. Exhibitors, therefore, have only to get their arti- cles to Panama and this company will take them on. PATAL SHOOTING AFFRAY. Mempuis, Tenn., May 19, 1874. | A fatal affray occurred at Cherry Oreek, Pontotoc county, Miss., last Thursday. The parties engaged | were W. Garner, Sim. McCoy, Samuel Reeder, W. McCoy, Sr., Lark Milam and MR 2A Fire- arms were freely used, and W, ‘ner was shot dead. Lark Milam received three shots, but is not seriously injured. W. McCoy, Sr, had an arm broken, and Sim McCoy was slightly vruised. The men had ail been iriends before this terrible affair, and were, in fact, ail related to each other, | No cause is assigned tor che deadly collision other | than that they were under the influence of liquor. BEAL ESTATE, Business in the real estate market yesterday was | 88 follows :—Mesers. A. H. Muller & Son sold the | Premises No. 71 West Fourth street, and partition sale of a house and joton losth street, west of Firstavenue. The three lots located on the south side of Sixty-third street, west of Third avenue, were Knocked down to E. K. Adams for $25,000 each ; One lot on south side of Sixty-seventh street, 100 feet west of Ninth avenue, to A. G, Tho! for | $15,000, and one lot on the west side of Ninth ave- nue, fity feet five inches soutn of Sixty-eeventh street, to A.G. Thorpe, for Di one lot adjoining, on the south side, for Mr. Ji M. Miller sold No. 10 Bast Broadway. Mr, William een eee house and lot on Seventy- filth street, west of ison avenue, and ander tie | direction of Mr. J. J. O'Neil, referee, on Wall street, Morrisania, a ett disposed of three lots on the northwest corner of Third avenue and 106th street, and the four s:ory brown stone bouse on the oorthwest corner of Filty-seventh street and New Eastern Boulevard, Messrs. Bleecker, Son & White knocked down the three stury brown stone house om the north Bide Of Seventy-first street, 590 feet west of Ninth avenue, to J. R. Smith for $12,000. Mr, Jere. Johnson, Jr., sola at public auction, on Monday, at Astoria, L. 1, 142 lote, for $46,586—an average of $327 per city lot, This property belonged to the estate of the late ee eee aie " tad owing are the ticulars of sales yesterday :— tid 12, /UR TORE PROPERTY —ny 4. u. MULLER AND 80M h. and |, No. 71 W 4 Wooster st lot 25x10); A. a pe eY and |. 109th st, Bptio0; Bu Bete 13 thao Deter veve it ix 14ad.6b. andl on as 10h st 0 JEFFERSON MARKET POLIOE OOURT. Stealing $500 Worth of Teeth. Before Judge Murtsy. Mr. John Alien, # dentist, doing business at No Paine—: Pettin va, Hillyier.—Mution granted. 314 Futh evenge, made & comniaint agsinst ‘By., lor 252100.2; @, W. McColiam... Pipe ot ind on Wall st. at Morrisa: RN RTT. Slots on no. Gorner 34 av. and 106tn st, Sratew inn re es or Now Bastern Boulevard, lot 17.6x100, | nant to her. as she was spitting viood, and that. 1874.—TRIPLE SHEET. THE BRINCKLEY DIVORCE SUIT. Opening of the Case for the Defence—Testimony of Mr. Clarence B. Hunt—“Brinckley Told ‘Me to Catch Him a Girl’—How He Intro- @uced the Parties to Each Other— Essays on Moral Character— Mr. Brinckley’s Version. The Brinekley divorce trial was resumed yester- day morning, at ten o'clock, before Judge Van Brunt and a jury, Messrs, W. A. Beach and H. OG, Brown appeared for the plaintiff, and Mr. W. H. Anthon for the defence. The courtroom was crowded as usual. Mr. W. 4. Anthon opened the case forthe de- fence. He said the question of marriage .was one of greater importance than any other issue in- volved in this suit. This question had a bearing Dot only upon these parties, but upon the entire community, and the welfare of society. They were to decide whether this great fabric of society rest- ing upon marriage did in fact rest merely upon something akin to @ mere relation of illicit oo- habitation. This question extended also to the legitimacy of children and the security of property, Take the case of one who had been entrapped into @ meretricious relation and then married some other woman who was pure and innocent and who bore himchildren, Suppose he died, and that his mistress then stepped forthand claimed his prop- erty, denouncing his lawful children as mere bas- tards. It must have struck them as very strange that so important a matter as the marriage con- tract should be left by the statutes of this State in such a condition that a jury should actually be en- gaged for aays trying to decide WHETHER PARTIES WERE MARRIED OR NOT. ‘Mr. Anthon read from the law the directions as to the manner in which marriages may be lawiully solemnized by clergymen, judges, &c. Cohabita- tion did not create the contract and would not do 80 if continued for fifty years, Nothing could sup- ply the lack of that explicit contract which the law required. Formerly, parties, under the laws ofthis State, could not testify against one an- other in cases o1 this description, but now the law had been changed and both parties were allowed to come into Court—one asserting and the other denying that the contract had been made. There were certain tests which an intelligent and en- lightened jury would always make. Was the wo- man received as the man’s wife in his family? Was their cohabitation open or concealed? Was their relation disguised by false names? He (Mr. Anthon) would show that the plaintif was introduced to the defendant simply for the purpose of a meretrictous relation, and this he would show by the testimony of an unimpeachable witness, The latter told the plaintiff that ube de- fendant was rich and could well provide for her, while his (the witness’) money was all gone. The testimony would also show to what places she led him and what really took place at the house of Mrs. Beams. It would show that he was not afraid of bis father and could have married whom he pleased. He would not defend the wrong which the defendant committed against society by pass- ing this woman off as his wife in order to obtain access to respectable hotels, but point out how he had suffered for this wrong, how he HAD BEEN PERSECUTED BY THIS WOMAN for ten long years. He would show that the plaintiff herself told Judge Leet, of Tennessee, and others that she repudiated the very idea of being the wife of the defendant, The jury, as fathers, as husbands, as honorable members of society, must draw a line between illicit, meretricious inter- course and lawful, holy marriage, She prociaimed herself as & free-lover of the boldest description, and even assumed the guise ofa rich widow from Louisiana at various places, At St. Paul, Minn., she actual otracted @ mar- riage relation. This was nol a true, noble wife. This was one ofthe women, as they were described in Holy Writ, whose house “is the pathway to hell Unat leadeth down to the chamber of death |?’ Mr. Beach smiled with horror at this awtul vision which Mr. Anthon had conjured up. There was a ghastly silence. Mr, Clarence B. Hunt was the first witness for the defence, a middle-sized, sallow-complexioned, gray-eyed, brown-haired man, with a siining dia- mond pin in his breast. He said he was in the commission business in Memphis; in 1855. when he first met the plaintuf, she was a grown up lady. Mr. Anthon (with an expression of torror)—A grown up lady. (Mrs. Brinckley smiled and bowed her head.) The witness continued that he renewed his acquaintance with the plaintiff in New York in 864. Mr. Anthon—What was her general character for morality between 1861 and 1864¥ The witness said it was bad. Mr, Anthon—Do you know of any specific acts of immorality ? (ixcluded.) In what respect was her general character for morality, bad? (Ex- cluded.) Mr. Anthon asked a number of questions lead- ing, directly or indirectly, to the question of her reputation, BUT THEY WERE ALL EXCLUDED, Mr. Anthon excepting to the ruling of the Court. The witness was not permitted to answer the question whether be himseif had entertained im- proper relations with the plaintiff, Mr. Beach protested against these questions, which were merely intended for effect, and in order to disgrace and blackball the plaintiff. Mr. Anthon gave a heated reply, but the Judge said, “There is no question before the Court. There is nothing to talk about,’? which elicited a general titter. The witness said be told the plainti@ that he would introduce to her the defendant, who would like to keep her as a mistress and provide for her well. He (witness) intimated to her at the time that he himself had spent ali his ya! apd was going home any how. He introduced the defend- aut to herin ¥, 1864, at laka Springs, ior the purpose before mentioned. A letter from Mrs. Brinckley to the witness, sup- d to bear on the question of her character, ‘was excluded Wy. Judge Brunt as being en- tirely immateri: This gave rise to another tilt between the counsel, Mr. Anthon saying that Mr. i Beach was “abusive,” and Mr. Beach declaring that he would abuse Mr. Antton as long as the latter abused his client. (Laughter.) ‘You will find that I can bite,” Mr. Beach added, compla- cently, (Langhter.) The witness said both parties related to him how they had tricked Mrs, Beams m making ber believe that they were marrted in order to be allowed TO STAY, AT HER HOUS! they stopped there under the name of Lawsoi she said she introduced him under that name as her husband; in 1865 he called on Mrs. Brinekley at the St. James Hotel, and there she toia him her relation to Mr. Brinckley had become very repug- “she did not like him much” (titter, and Mr. Brinckley laughed); she said she liked witnesg better (laughter) ; witness subsequently went to Memphis, where he saw them next, and where their general reputation was that of man and mis- tress; her general character while in Memphis was very bad; in 1868, when they resided in tne Adama Block, she sent for him and told him that her lie there was very dull; Mr. Brinckley would not take her out, and she bad always lived in New York gayly; he either must come out and acknowledge her as nis wife or he must give her money to go home; she had been advised by lawyers that, ac- cording to the law, she had lived long enough with him in New York to be acknowl his wife ; asked her if Mr. Brinckley had not offered her $100 @ month as long ag she lived; she said $1008 month was nothing at all to her, that tt would not be enough to pay ber dressmaker’s bills; shegaid sue wanted money or its equivaient, and that she wanted some of those blocks of buildings of his (laughter) ; she thought tt would come to ait, anyhow, and wanted to know what the evidence o! the witness w be; he told her that he could only recite the facts; she did not think that he ought to do that; she thought there were some circumstances in which it was ‘MOBE HONORABLE FOR A MAN TO LIE than to teil the trath (laughter) ; she said that by & law recently passed in jessee parties were allowed to testiiy in their cwn behalf, and that even if he told the facts she would pat her nand on the Bible ana contradict him even t! she were to drop dead alter it (sensation) ; he told her he did not think her past life would bear her out, but she said “consistency ts the bugbear of little minds,” or someting of that sort; the remark struck me @t the time. (Laugnter.) Mr. Anthon asked the witness what she had told him tn regard to her acts of immorality with arguwent agaitist sf tne udtetaetoilay of ene questing fe ity of the question, ‘The Judge suid that in this case tue prod! of the Pree was sought to be established by the fact of cohabitation, and if 1s was shown that she lived with other men why could this fact not be taken inw account in d the question of the intent of the cohabitation? Mr, Beach asked if the de- fendant could prers that he was not married by showing that he also lived with disreputable women in houses of til-fame. It he could not do 80 why could tt be proved that she was not marriea by showing that she had committed adultery after the contract was made? The Court of Appeals had decided shat proof even of the fact chat tae woman bute was fot admissible cr} the question of marriage w: tie. He or had, made a strong ap; wo the wo proof, and bey that if the slight- est doubt in wo Ite ery he boneas of the doubt to the pi ibility to give ti toning for over an hour te the Tamene @nnounced that ne WOULD ADMIT THE BVIDENCE Mr, Beach excepted, The Court then sdjourned for luncheon. On re- suming the trial at haif- one Mr. Hunt was cross-examined by Mr. Witness had to | pe a ve an account of wnere ne spent every year of 18 life, What he did on his visit to New Yor, where he got money from, what families he Visited, &c., 4c, He mentioned the names of three friends of his, who bn pe badly of Mrs. Brine! ‘8 ollaracter, Mr. Beach asked him if he was wi to swear that the character of any woman who was oken of by three gentiemen was bad, and the when told to answer yes or no, “Ye Brinckley told him in New, York rest fh Ay? at 4 8 @ objected to his | ath a referred witness bo Drinekle ; at last id to the witness, “Bring him up.” ‘Witness could fiot swear that he and Mra, Drinckiey discussed “thé very panare oe she connection’ which was to be estabushed between the latter and Mr. Brinckley. He repeated she Ow versation which he had with the plaintiff in ahe Adams Block, in Memphis, when she told him that if 1t came to @ trial Brinckley would be disgraced for ever, and that it would be cheaper in the end for him to pay her the money which she had asked, Mr. Hugh L. Brinckley, the defendant,;was the next witness. He stepped up to the stand with 3 sinile of confidence and carried himseli with cool- ness and self. ion. His answers were given In 80 low a tone that they could scarcely be under- Stood, He said in substance that he was thirty- one years old and rerided now in Arkansas; he firat became acquainted with plaintif in Twenty- third street, somewhere opposite to London ter- race, on the evening of the 10th or 15th of May, 1864; he found that date from the register in the Brevoort House: he saw the plaintuf in the recep- tion room; he invited her to accompany Lim to the theatre next evening and ACCEPTED THE INVITATION; they went in a carriage; on their way she told him that she was tired of the fast life she had been leading; he told her that he would iike her to go to Europe with him as his travelling companion or tress; she consented, saying that she would like to go to @ community where she was not known; ahe sat on his lap in the carriage; her language was free and easy; when they returned from tue theatre he took her back to the house in Twenty-third street; next day he Was called to Washington; when he returned to the Brevoort House he found a note from her: inform- ing him of a change in her residence; ne called at Mrs, Beams’ house, ani after conversing he pro- posed that they should go out; they went to some house in Sixteenth street, by her direction, and inquired if tuey could geta room; ali the rooms were engaged, however, and they went, by her di- rections, to @ house in Thirteenth street; there they obtained a room in which they remained for some time; he did not know the situation of those houses, but was directed to them by the plaintif; on both occasions, when they went to the theat and to the two houses, he promised to $100 a month and pay all her expenses; this was in view of the proposed trip to Europe; he gave her $100 the Orst time, but could not say exact! when and Where; he went and saw her on the fol. lowing evening at Mrs. Beams’; it was proposed to go out again, but she stated that it was not necessary, a8 she had made arrangements by which HE OOULD REMAIN IN THE HOUSE for the night; she told him that she had informed the old lady that they were married on the pre- vious evening; he remained with her that night; Previous to this night be had never offered to marry ber, nor had marriage been discussed be- tween them. Witness denied tue plaintiff's state- ments tn regard to their secret marriage in toto, aod denounced them as unequivocally false in | every word from beginning toend. He was, as far as | his pecuniary circumstances were concerned, quite | independent of bis father. She agreed to live with bim in the manner referred to, and he proposed that they should assume the name of Lawson for the purpose of taking board at hotels. He wag not atraid of his father, but told him of this rela- tion the first time he saw him, Mr. Anthon—And I suppose he objected pretty seriously to 16, Witness—No, sir. (Laughter.) The Court then adjourned till tnis morning at ten o'clock. PROSPECT PARK FAIR GROUNDS. CSTE Entries tor the Spring Meeting. PURSE No. 1.—$500, for horses that have never beaten three minutes; $300 to the first, $150 to the Second and $50 to the third. ENTRIES. R.J. Anderson's r. m. Kosa Sunburg. E. H. Doty’s b. g. Frank Clark. R, Goodwin, Jr.’s, br. g. Phil O'Neil, Jr. Dan Mace's r. g. Uncie Dave. 5. G. N. Purguson’s bik. m. Sweetmeat. Jacob Somerindyke’s ch. m. Melissa. 7. B. H. Van Ness! br. 8, Compeer, Joho Murphy’s br. m. Lady Dahiman, John B. ty’s br. m. Nora M. Purse No. 2.—$800, for horses that have never beaten 2:81; $400 to the frst, $300 to the second aud $100 to the toird. ENTRIES, 1, J. L. Anderson’s b. g. Ki-Ki, 2. Dan Mace: leatherbloom. 3 H. W. Howe’s br. m. Lady Wells, 4. P. Dwyer’s 8. g. Constitution, 5, J. A. Sherman’s br. g. Sir Knight. 6. J. Merritt’s br. g. Berkshire Boy. 7. J. C. Parker’s w. g. Snowball. 8 H. W. Brown’s b. g Penobscot. Purss No. 3.—$700, for horses that bave never beaten 2:38; $350 to the first, $250 to the second @nd $100 to the third. ENTRIES. 1. Thos. Simmous’ b. g. Vatskill. 2. Isaac Pawling’s b. g. Bayard. 2 J. P, Gilbert's bik. m. Little Dorrit. 4. Ackerman & Van Orden’s br. s, Hamperion. 5. Colonel Dickies’ br. g George Maynard. 6. W. H. Crawford's ch. g, Major. PURSE No. 4.—$1,000, for horses that have never beaten 2:28; $600 to the frst, $300 to the secoud and $100 to the third. ENTRIES, 1. W. H. Crawford's br. m. Anne Collins 2. G. H. Batiey’s b. g. Shepherd Knapp, Jr. 8. Thomas O'Connor's b. g. George. PuRSE No. 5.—$600, for horses that have never beaten 2:45; $300 to the first, $200 to the second and $100 to the third. ENTRIES, 1. Milliman & Berry's b. g. Jack Berry. 2 R, Goodwin, Jr.'s br. g. Phil O'Neil, Jr. 3, Dan Mace’s r. g. Uncie Dave. 4. Charles Heinzel’s br. g. Central Boy. 6. J. P. Gilbert’s g. m. Cora F. 6, Jesse Smith’s bik. f. Black Bashaw. 7. B, Webber’ m. Rose May. 8. RK. Dunham’s 6. g. Charles E. Cooney. 9. E. H. Van Ness’ br. 8. Compeer. 10. W. Brooks’ s. m, Lissie Adams, 11. Joho Murphy’s br. m. Lady Dahiman. 12, J. B, W. Doty’s br. m. Nora M. PURSE No. 6.—$1,500, for horses that have never beaten 2:24; $1,000 to the first, $350 to the second nd $150 to the third. ENTRIES. 1. M. Roden’s b. g. Castle Boy. 2. Dan Mace’s ch. g. Triumph. 8, G. N. Furguson’s w. g. Crown Prince, 4. W. H. Crawford's b, g. J. W. Vonley, PuRsE No. 7.—$2,500, free for all (with American Girl, Goidsmith Maid and Fullerton to enter) ; | Hace Re} the first, $700 to the second and $300 to third, pepe ry 2- ENTRIES. 1. Budd Doble’s b. m. Goldsmith Maid. 2, Dan Mace’s ch. g. Judge Fullerton. The following ure the entries tor the 2:25 purse, to be trotted on the 30th inst. :— 1. Dan Mace’s ch. g. Triumph, 2. G. N. Furguson’s w. g. Crown Prince. 3. J, Dougrey’s br. g. Joker. 4. 0. Green’s br. h. Young Bruno. Tne following are the entries to the purse for horses taat have never beaten 2:33, to come olf i May 30:—J. McKee's ie m. Lady Brisbane, J. Dou- grey, 8 gr. g- Ben Smith, OC. W. Mitchell’s b. g. G. H. tchell, Israel Denton’s 6. m. Scotland Maid, J. BH, Phillips’ b. g. tic. The management of Prospect Park Fair Grounds Will give @ purse of $1,009, to be contended for | next Saturcay, between the pacer Copperbottom and the trotter Lucilie Golddust, the race to be mile beats, best three in five, under the saddle, ‘This wiil be a race worth witnessing, and tt should | be one of the fastest that ever took place. Both of these horses can beat 2:20 under the saddle, HORSE NOTES, The following wagers have been laid by the book- maker at the American Jockey Club rooms since Friday last :— 4,600 to $500 against Dublin in Withers Stakes, | }2,000 tO $225 against Weatherco pO oe H agi ck in Withers | panes Fo'e4n0 against Sangamana in Withers hg to $200 against Regardiess in Withers Poti to $200 against Persuader in Withers ron to $400 against Weathercock tn Belmont Bui $1,000 to $160 against Grins! oemmes ag itead in Belmont 1,000 to $100 against Brigand in Belmont Stake. Stow $100 ‘against Strachino in Westchester oP 5 sto ‘Shaken against Sister to Ruric filly in $1,800 to $100 against Mary Had rh y ley filly in Kens $300 to $60 against Shylock in Westchester Cup. Battle Axe 18 struck out of both Withers and Belmont stakes only at ten o'clock yesterd Morning vy order of Mr. F. Morris. He says be Will not start him at Jerome Park this spring, but will start him later in the season. The colt is not broken down, only stopped strong work. The Saratoga Association has opened a sweep Stakes for two-year-olds, $1,000 entrance, half for- fett, the association to add a plece of plate to the value of $500, ve or more to fill, the race.to be fun on the day proceding the last day of the Angust meeting, to cloge on the 6th of Jane. Arrangements are In progress for holding a public sale of thoroughbreds, under the auspices of the American Jockey Ciub,'1n the enclosure of Barnum's great Hippodrome, in this city, on or about the 17th of June, The catalogue will include Mr. Belmont's yearling fillies and some older horses of same stad, some eight or ten head from the stad of Messrs: Hunter & Travers and perhaps @ number of yearlings from the stud of Mr. Weich, | — DEERFOOT PARK. Pirst Day of the Spring Meeting, THE FIRST TROT, DgeRroor Park, TUESDAY, May 19.—Purse $200, for horses that i to the fi to the second and $25 to the third horse; heats, best three in five, in harness, : ENTRIES, T. Butler's br. m. Lovely B.. s.9 . Webber's 8. g. Architect, 222 R. Dunham's b. g. Granger. dis, ©. H. Cooney’s g. m. Ella D dis, &. H. Hurd’s b. g. Doctor. ,. ii pe uarter, lay, Mile, First heat. > * 1:26 Second heat. Third heat. Architect was the favorite against the fleld until after the first heat, when Lovely B. iad the cali at odds, THE TROT. First Heat.—The horses had a straggling start, but Lovely B. soon went to the front ana opened a wide gap to the quarter pole, Granger second, Architect and Ella D, side and side. T.me, 43 sec- onds, Lovely B. increased her advantage to tha half mile, passing that point six lengths ahead of Granger, the latter two lengths tn advance of archi- tect, Elia fourth. Time, 1:26. Lovely B. continue& to open the gap and Architect began to move bet- ter. Whon the horses were on the packstretch Granger broke up and Kila D. stopped and turnea, around, | Lovely B. went on and distanced Granger and Elia D, Time of the heat, 2:52. Second Heat.—Lovely B. took the lead and was four lengths in front of Architect at the quarter pole in 4534 seconds, but at the half-mile pole they were head and head. Architect then broke up and. the mare left him and. keeping away, won the heat by six lengths in 2:473¢. Third bate LOY B, took the lead and held i¢ for a third of a mile, Architect pases herand led half a dozen lengths to the halfmile pole. He then broke bedly and Lovely B, again went to the front and won the heat by four lengths, The quarter was trotted in o% ma the half mile in 1:24% and the hea iD 3% - Lovely 8, won first money, Architect the secon¢ premium, and the third was retaiued by the prow prietor of the track, THE SROOND TROT. Samp Day.—Purse of $300 for horses that have never beaten 2:37; $170 to the first, $100 to the second and $30 to the third horse; mile heats, best three in five, in harness. ENTRIBS, G, Gilbert’s s, g. George Gilbert (former!: iy No Name) te sete ee sees eens *S112 Mead’s b. g. Senator Mitchell +2223 J. H. Phillips’ b. g, Handy Andy 24333 E. Carpenter's bik. g. Jim... + 1 dis. Thomas Evans’ g. g. Pollock . a Hile, | First heat... 2:40 Second heat. Pry a Third heat. 42 243° Fourth heat. 40 2:48 THE BETTING, G. Gilbert was sold against the fleld, the latter hav- ing the odds at three to two, until after the frat, heat, when Gilbert had the call at nearly two to one. Alter the second heat Gilbert was favorite at ‘five to one, and continued at long odds to the en THE TROT. First Heat.—Jim twvok the lead, Senator Mitchell’ second, George Gilbert third, Handy oe fourta. At the quarter pole, which was d in thirty- nine seconds, Senator Mitchell led by a nose, Jim second, four lengths ahead of George Gilbert, who- was eight lengths in jront of Handy Andy. There was no change of place or position to the half mile pole, that point being passed in 1:18, Senator Mitchell then broke up, and Jim opened a gap of four lengths, At the three-quarter pole ho led bot one length, Senator Mitchell second, two lengths ahead oi Gilbert, Handy Andy far hind. Coming on to the homestretch Jim, Mitchell and Gilbert were clos: together, but just then Gil- bert broke up, and alter a spirited struggle Jim, won the heat by a head, Senator Mitchell second, four lengths in front of Gilbert, Handy Andy jast inside the distance flag. ‘Time, 2:40, Seoond Heat.—Senator Mitchell bad the best of the send-of, Jim second, Gilbert third, a close up. Jim broke up soon afterward and {elf all to pleces. At the quarter pole, which was passed in forty seconds, Sevacor Mitchell had bis white noge in iront, but he broke up before reach- ing the hali-miie pole, and Gilbert passed that poin three lengtus ahead, in 1:16}, Handy Andy ® dozen lengths bebiud, while Jim was more than a& distance out, At the three-quarter pole Gilbert, led two lengchs, and, keeping in front, came home leisurely, a winner by two lengths, in 2:42. Third Heat,—Handy andy was away first, Senator Mitchell second, Gilbert a length behind. At the uarter pole Senator Mitchell led two lengths, landy Andy second, George Gilbert having broken up on the first turn. ‘Time, 42 seconds Gilbert trotted (neuen B around to the half mile and was lapped on Mitchell as the latter jisepen cll ga Handy Andy half a dozen lengths behind, Time, 1:2 fone to the three- quarter pole both Gilbert and Mitchell broke ap, and as they passed the pole Gilbert had two lengths the best of it. Mitchell was rallied and a spirited struggie ended at the score by George Gil- bert winning the heat by halfa length, in 2:43. Handy Andy ten lengths vehind, Fourth Heat.—Mitchell was in front, Gilbert second, Handy Andy third, all close together. Gilbert showed 10 front at the turn, and led one length at the quarter pole in 403; seconds, Handy Andy aix lengths beuind. At the half-mile pole, Which was passed in 1:21, Gilbert was atiil jeading one length, Mitchell second, ten lengths ahead of Handy Andy. At the three-quarter pole Mitchell lapped Gilvert, the latter appearing a little leg-weary; but, coming around the turn an up the homestretch, Gilbert struggied Poel | ol and won the heat by a length in 2:44, Handy Andy ten lengths away. Gilbert won first premium, Mitchell the second and Handy Andy the third. RACING IN TENNESSEE. wed te Nashville Blood Horse Association. NASHVILLE, May 19, 1874. The spring meeting of the Nashville Blood Horse Association commenced to-day. The track was in good condition and the attendance fair. FIRST RACE. VANDAL STAKES.—Sweepstakes for three-year olas; $50 subscription, half forfeit; closed with Uurty-fve entries and seven STARTERS, Alcock & Co.’s ch, f. Orp san Girl, by Muggins, Bailie Peyton's ch. {. Summer Kose. Turner’s ch. c. Puralee, by Hiawatha. Murphy’s b. c. Viscount, by Vandal. Scott's ch. c. King Pin, by Australian. Cheatham’s bl. c. Vanderbilt, by Vandal Harding's b. f, Vocalist, by Vandal..,. sees In the second heat Summer Rose and King Pin ran a dead beat for the fiftu position. Time, 1:484— 1 2 8 4 5 ort maOmcam aly ® Jn the pools summer Rose was largely STE wworite, Orphan Girl carried 434 Ibs. over e SECOND RACE. Mile and a quarter dash; Association purse, $150, The following ts a summary :— Williams & Owing's ch. c. Somerset, by Concord Harding’s ch. f. Madeira, by Jack Malone........ ene ch. {, Sophia Budderly, by Austra- aN. ... seeees tee teeee ew Franklin’s b. c. Gorntza, by Lexington. Cheatham’s ch c, Aconite, by Jack Malone Time, 2:4134. In the pools Madeira sold as the first, Gorlitza | as the second and Somerset as the thurd choice. THIRD RACE. Mile anda half dash; Association purse, $200, The tollowing were the STARTERS, Jackson’s g. c. Jean Valjean, by Lightning. Lewis & Co.'s b. f. Vandalite, by Vandal... Franklin’s b. m. ArHCna by Lexington. Lewis & Co.'s b. h. Joe Johnston, by Hunter’ Lexington....... . Time, 2:42. . In the pools Jean Valjean sold as the favorite, With Arizona close ap and Lewis’ entries far be- Here Jean Valjean won the race by very short ea Complaint by Merchants Ag. road and Steamboat Lines, There having been complaints for some time among dealers in otis, paints, varnishes, brushes, &c., that the railroad and steamboat lines werd discriminating against New York and in favor oi Philadelphia, Baltimore and Boston in the smp- ment of goods to the West and South, a meeting of members of the trade was held yesterday alter- noon at the Astor House to consider the matter. Rel ntatives were present from the firms of oa Reynolds & Co, D. P. Tiemann & Co., F. We Devoe # Co. Minett 00, 2 Wardell & Co.) Mack: ry el jous, W. T. Parker & Gillespie and otners, oh Ma teccadin . +, temann was called to the chatr, and Mr, Reynolds, of Minett & Co., chosen Secretary. huirman then called on Mr. Page, of ¥. W. oe & Co., who made a statement alieging that @ discrimination against New York on goods shipped West by rail was about twenty to twenty- five per cent, a3 compared with the ‘other Eastern cities named, and was nearly as much on shi ments by rail and steam. The discrimination {a Classification was also grossly unjust. In fact, It ‘Was 80 great as to force many to Sep goods under false designations. He and others. present cited, numerous instances of such practices, sach ad marking gum copal and shellac paints a8 ‘eartt paints,” varnishes as “turpentine,” &c. The ab Surdity of some of the diterences in classification re ‘on amined ted, on, ted to con otlon & committee was appoint sider Tlat action should be wakes. saa re Sooae committee 18 Sonsiere._ Gt ‘ O, Manchester, ol McPhail, of C. T, Reynolds & jewett & Son, 2 ii, Baxter & Co. on, and P. Bell of Be Bas ites os he call of the Ghair, After some desultory remarks lourned, suviect to tl » When she broke up and + —— '