The New York Herald Newspaper, August 1, 1874, Page 8

8 “HE COURTS. ~__ The Legal Onslaught on the City Record Contract. | . A Dirge aud Its Subsequent Doie- ful Discords. | per THE LAGRAVE LITIGATIONS. eats te | | which she woul ment was aftirmed, A CITY CONTRACT DECLARED Preperty of a Wife—Annulling a | City Contract. eme Court, General Term—Judges Davis, Brady and Danicis on the bench—met yesterday | to render decisions upon cases argued during the June Term, Although, as will be seen from the report of the Gecisions gived im another col- | umn, the namber ts quite large, a good many cases are still waiting the adjudication of the Court. | Among those pustponsd, and exciting probably a larger share of popular interest than any other, ig the Maguire-Stemmier case, Meantime Judge Maguire, under the order of Judge Van Brunt, has the inside track, The G Term adjourned sine die, Which probably meuns that is will not meet again till October, so tbat the cases still in sbeyance Will inal likelibood not be decided th that time. | THE CITY RECORD CONTRACT. The legal onslavght being made in the courts on Mr. Martin B, Brown {to cancel his contract for printing the City Record has already been | fully ventilated in the HERALD through the reports given of the conrt proceedmgs beretofore had in the matter. There was another hearmg in the ease yesterday before Judge Pratt, holding su- preme Court Chambers, it coming up on an order to show cause why Mr. Brown enould not be en- joined from iurther publication of the paper and his contract declared null and void. There Was quite an array of counsel in the case, Messrs, Richard O'Gorman and Wiliam F. McNamara appearing on behalf of William C,. Rhodes, in whose belalf the application is made; Assistant Corporation Counsei Andrews representing the Mayor and Commonaity, and Mr, Stranan defend- ing the interests of Mr. Brown. The facts are em- © vraced in a nutshell. Pursuant to printed pro- | posals for vias for pablishing the paper, nine bids | were submitted to the Mayor, Commissioner of | Peblle Works and Corporation Counsel, these parties being the ones designated to receive bids avd award the contract. On the 15th of June last | the bids were opened and the contract awarded to Mr. Brown. Aji the obuer bius were rejected for alleged informalities. Mr. Ruodes—who, by the way, Was the lormer publisher of the paper—now comes and claims the award, cn the ground of being the lowest bidder, hs bid being, as alleged, some $15,000 less than that of Mr. Browa, and the latter the second highest of the lot. O’Gormun, Who opened the case, proceeded to read the complaint reciting the facts as stated | above. ie said that after the opening of the bids and before the award of the contract Mr. Rhodes sent in a printed protest agalost any award being made, and asked that new bids be received, through she proposals not being according to the ordinance ; bat that no atiention Was paid fo it. He read a afMidavit setting forth that (he loss to the city was $12,000 throagh giving the contract to Mr. Brown instead of to Mr. Rhodes. The action, it was fur- ther siuted, was based upon Mr. Rhodes being a@ taxpayer, and bis right under the law of 1872 to bring an action to prevent waste of the public Its oniciaix, ews denied that Mr. Rhodes was @ tax- , denled a failure to comply With the require- ments ol the ordinance, and ‘lat there had been any collusion or fraud in making tue award. The plain fact of the case was that every bid except- ing that of Mr. Brown was irregular aud bad to be rejected. Mr. aban said that the answer of Mr. Brown Was \n substance the same as that submitted on behali of the awarding board, Having got through with this preliminary skir- Misbing kr. O'Gorman entered on his matin argu- ment. He insisted that the answers were based woolly on iplormation and belie;; Mr. Rhodes bad sworn he was a taxpayer, aud this should end this part of the controvercy. He contended, however, that for the purposes Of this action It waa DOL Beceasary lor 4 nan to own a icot of land on the imiand, but that every man who lived in New York Was a taxpayer and part and portion of the com. | monaity.. The city ofMicials were the people‘s trus- tees, and the pecpie had a right to bring their | trustees to account. He could not diame Mr. Strahan jor making out as strong a case as he | conid for his client, but he aid blame the Corpora- | tion Counsel Jor his effort to permit waste of the y's money. In the present case the difficulty lay 1D the proposals, these being fatally defective. Judge Pratt asked if the proper remedy would | Bot be a mandamus to compel proper proposals? | Mr. O'Gorman said that this would not meet | the case. After reading various statutes bearing on this question he showed how the proposals Were dejective in not complying with the ordi- Nance. Mr. Rnodes put in lis bid according to the proposais. Another man gets wis specific direc- | fons a2d his did is pronounced regular and ac | Cet dpe no matter now much lower all the otner | bide might be. In this way it was the easiest | thing in the world to cheat the city out of hun- dreds ol thonsanda of doliars. The law is complied | with, but the city ts detranded. | Judge Pratt—What woul be the effect of stop- ping the publication of this paper ? Mr. Strahan—It would stop the whole city gov- ernment. | Mr. O'Gorman—Not atal). But the anty of the | Court is to enforce the law, regardiess of conse- | quences, Let the gentlemen who have brought | about this state of affairs ve held accountable. Jet them put their bands in their pooxets and pay for the publication of | this paper until the award for printing itis | properly given, They have done the mischief. Let | them undo it. {t wos the duty o! the Court to stop this matter, brought about through errors of public , ofcials, | After some further discussion Judge Pratt took | the papers, reserving bis decision, LAGRAVE GIVEN HIS LIBERTY. _ censelag Anend has finally come to the Jong continued tigations growing ont of the arrest of Allred EB. | Lagrave, in France,on a charge of burglary said | to have been committed by hins in this city, and bringing him here for the ostensivle purpose of | trying him on this charge, while the real alleged obg Ject was to hold bim accountable to various cred- dors here to whom he is said to be indebted toa large amoant. A motion in the Sopreme Court on dehalfofone of his creditors having been denied an 4) peal was taken to the Supreme Court, General ‘Term, and @ decision given yesterday, Judge Daniels delivering the opinion of the Court, He held that Lagraye having been arrested and brought here under the extradition treaty exist ing between France and the United States, and no! having been convicted of the charge alleged against him, is now entitled to his liberty. The decision of the lower court is therefore reversed, ‘This decision is made appiicable to ali the similar orders of arrest obtained at the tostance of Lagrave's creditors, DISCORDANT MUSICIANS, | The Grand Lodge of Free and accepted Masons, | i pursuaoce of its plan to do suitable honors to | the remaing of the late Minister Orr, engaged | Wiham Keating to furnish music for the occasion, | and he, in turp, engaged @ band under the leader- ehip of Loni Wilimer, It was some time aiter this betore Mr, Keating got bis. money irom the | lodge, and meantime Willner sued nim for his pay, entailing about $60 outlay in the way of costs, Keatong in settling with Willner insisted on deduct- ing this amount, and stood ready to pay over the balance. While matters were i@ this shape the Musical Protective Union, of whieh Keating was a Member, expeiied him under @ rule providing Jor the expulsion of any member who / musiclana engaged by him after ne been paid, Application was made geaterda Supreme Court, Chambers, betore Judge Pratt, Mr. William F. towe, for an order airecting t oMcers of the union to restore Mr. Keating to membership, It wae claimed that vhe expulsion | Was in violation of the rules of the society, inas- douch as it was done without evidence of gulit on | the part of Mr. Keating, and furt! peeause he war hot served with any written rges or any | notice whatever. An order to show canae was | Vidi which Was made returnavie on next jondlay. oy | 4 REGARDING A WIFE'S PROPERTY, eevee The suit of Keity vs. Long was an action for geals sold and delivered. The defence was that defendant was a married woman, had no separate estate, and the goods io question were not for the | Benefit of a married woman’ separate estate, | ‘The proof showed that the defendant went to the | ' | supplying materials to the amount and the referee found in fils favor. defence was that certain formalities were neg- lected vy fore ha ‘ appeal by the cfty, the General Term Supreme Court gave Davis. io which stress {5 iaid on the necessity of carrying ont the the hecessity thal rules, ad the jadgment is reversed, | BUSINESS IN THE NEW YORK HERALD, SATURDAY. AUGUST 1, 1874—WITH SUPPLEMENT. Bites! oh Aether: See ion: ars” Sy geile tha ee, ett nee plaintid’s etore, stated that she had jnet purchased & house lor a residence, and wished to buy certain furnitare to furpish it; that the geeds were seki and charged to her, and not to her husband, deliv- ered at and fendant appealed 1 ndan | Term. Meo L. Stewart for appellant and Wm. Henry Arnoux for respo! the premises specified. Tne . piamigrs favor, and the de- the Supreme Court, General naen t. ry Judge Daniels, tn his decision given eraay, says:—‘As the honse was acouired by her for the residence of herself and her husband and was use- less for that’ pa: e unl tracted for the price of the furniture was created | for the improvement the debt con- of the delendant’s separate property. ly capnot be necessary that the dedt | snould be incarréd for something afterwards be- | coming @ portiga of the property itself to give it that character,-but a debt incurred for whatever may be requisite to render the wile’ the subject of profitable use mast be urpese. For that gives her the substantial bene- he and advanti of the pro rty owned by not have without it.” The judg- VOID, — William McDonald, who a contract for rintendent of against tne city for the The Roads, brought suit the Superiotendent, and rhat he there- no authority to make the contract. On decision yesterjay through Judge rescribed rules by oftctals, and P contractors sould know those OTHER COURTS. SUPREME OOURT—GENERAL TERM. Decisions. By Judges Davis, Brady and Danieis. The Supreme Court, General Term, met yester- day for the purpose of rendering decisions, Toe | Joowing opinions were rendered: John L, Prouty, respondent, vs. The Michigan | Southern and Northern Indiana Railroad Company et al., appeilants,—Order for leave to enter judg- ment and tor reference under the judgment, and judgment entered pursuant to it, reversed, with costs, and order directed denying motion, witnout REQ to renewalon further papers Opinion Judge Daniels, Joseph Williams, appellant, vs. James Irving, respondent.—Order of special Term modified by striking out the provision directing that judgment be discharged and inserting an order that reter- ence be had, and order to be settled by Judge Davis. Opinion by Judge Davis, Ann Maria Rapp, respondent, vs. William Wil- Hams, appellant.—Order reversed, with $10 costs. Mouon to continue injusction denied, with $10 costs. Opivion by Judge Davis. Chatnam National Bank, respondent, ve. Mer- | chants’ National Bank of West Virginia, ap- pellants.—Order reversed, and order directed tor removal of cause into the United States Circuit Court, Opinion by Judge Daniels. Judge Davis concurring aud Judge Brady dissenting. ‘The Buchanan Farm 0%! Company, respondent, vs. George Woodward and Thomas Evans, appel- lanta,—Order reversed, and motion granted, with costs, Opinion br Judge Davis. i z Augustus Heminway, assignee, vs. William 5. Wilson and Others, executors, respondents.— Judgment affirmed. Opinion by Judge Davia. Charles W. Moore et al., respondents, vs. Ben- jamin T. Lunn et al, appeliants.—Judgment re- versed and new trial ordered, costs to abide event. Opinion vy Judge Davis. Joseph Caldwell, appellant, vs. The Commercial Warehouse Company, respondent.—Order of Court below reversed, and order directed continuing the Injunction, with costs. Opivion by Judge Davis. James L. English et al., executors, respondents, vs. Franklin Steele, appellant.—Judgment re- yersed and new trial ordered, costs to abide event. Opinion by Judge Daniels. Joseph C. Woodruff and another, respondents, vs. John Leonard, appeilant.—Order reversea and motion for judgment denied with costs, Opinion by Judge Davis. The Dutchess County Mutual Insurance Com- pr respondents, vs. Albert Cashficid, appellant. nagment reversed and new trial ordered with costs to ablde the event, Opimion by Judge Daniels. Herman Bacherack etal, respondent, vs. Alfred F. Lagrave and others, appeliants.—Order reversed and motion granted with cosis. Opinion hy Ju ige Daniels. James B, Adrianco, respondent, vs. Alfred E. Lagrave, appellant,—Order reversed and motion granted With coatay « Isadow Monelman, appellant, vs. Meyer Caen, re- spondent.—Judgment aiflrmed with costs. Opinion by Judge Davis. The People. respondents, vs, Albert De Camp, appeilant.—Judgment reversed and new trial ordered, costs to abide eveat. Opinion by Judge Daniels. The Home Insurance Company vs, William Wat- son et al.—Juagmient for defendants with costs. Opinion by Judge Davis. John Woodrufl vs. Anna BE. Lockwood, im- pleaded.—Jndgment reversed and few trial or- Opinion by Judge dered, costs to abide event. Danieis. ‘Wiliam McDonald, respondent, vs. The Mayor, | jal ordered, new t &c.—Judgment reversed and costs to abide event. Opinion by tg Davis. Charles E. Bernan, respondent, vs. Josephine E. Sandford, appellant.—ludgment reversed and new trial ordered, costs to abide event. Opinion by | Judge Davis, i Edward H. Ludiow, et al., respondents, vs. Na- thaniel Dole, appellant.—Juagment affirinea, with | costs. Opinion by Judge Braay. First Nationa: Bank of New York, respondents, vs. Theodore Morris et al., appellants.—Judgment affirmed. Opinion by Jadge Daniels. Edward 8. Clinch, respondent, vs. The Soutuside Railroad Company, of Long lsiand.—Order reversed and motion denied, with costs, Opinion by Judge Davis. Jobn G. C. Taddiken, respondent, ve. Mary A. Cantrel!.—Order reversed, with costs, and motion granted. Upinion by Judge Brady. Henry H. Butterworth, respondent, vs. Henry Volkenbing, appellant.—Juagment affirmed. Opin- lon by Judge Daniels. Louisa D. Wehle, respondent, ve. Jesse B. Spel- mar, appe}lant.—Judgment reversed and new trial ordered, costs to abide event. Opinion by Judge avis. James Devoe, respontent, vs. David R. Nutter, appeliant.—Order reversed and order directed in accordance with the opinion. Order to be settied by Jodge Davis. Opinion by Judge Davis. ‘Wilam L. Boyd, executor, appellant, vs. John De La Montagnie, respondent.—jndgment reversed | and new tria) ordered, cost to abide event. Opin- | ton by Judge Daniels, James L. Hanway, respondent, vs. the hiaycr, &c,—Order reversed and motion ordered, with | coats. Opinion by Judge Davia. Milis, respondent, vs. the Mayor, &c.-- Order re- versed and motion denied, with costs, Opinion by Judge Davis, ‘Stepnen Dilton, plaintiff in error, vs. The Peopie.— Judment aMrmed. Opinion by Judge Daniels. Givbing 8, Kelty et ai. respondents, ys. Sarah A. costs. inion by Jadge The Poaples &c., vs. Thomas C, Chalmers ct al.— Judgment reversed and new trial ordered, with costs to abide event. Opinion vy Judge Danie's, SUPREME COURT—CHAMBERS, Decisions. By Judge Lawrence. The People vs. Templeton,—In this case i desire the District Atvorney to put In a brief. Conklin va. Harris.—Memorandum. Watrous vs. Gayton.—sovon denied without costs. Memorandum. Beiden vs. Center,—A resale will be ordered on the terms as stated in Memorandum. Aylifte v8. McKenna.—in the matter of the Parde ground, memoranda for counsel. In the matter of Join and George Gallagher.— Motion denied. Memorandum, Horey vs. Rubber Tip Pencil Company.—Motion rant : Neale vs, Morrison.—Order settled. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Sedgwick. le vs. Decle.—Decree declaring marriage be- n the parties puli apd void, COURT NOTES, How the wheels of justice are sometimes blocked was shown yesterday in two cases pending in Su- preme Court, Chambers. In the case of Duncan J. Templeton, convicted of attempting to kill his wile by shooting ber, and for whom Mr. Jonn D. Town- fend, his counsel, applied for a writ of error and stay of proceedings, Judge Lawrence gave notification that he had been unable to give if | any decision, owing to the District Attorney not The other case was that | of the public parade ground, which the same Judge | having put in any drier, announced bis inability to Cecide through failure of the Corporation Connsel to submit his briet. It would jook as though the public oMiciais were ap- sent on vacation, and giving the go-by to the im- portant duties required of them in the courts. During August only the Chamber Benches of the State conrts will be held. In Supreme Court, Chambers, Judge Donohue will preside. Judge Sedgwick will continue on the bench in Superior Court, Chambers, till the éth inst., when he will be succeeded by Judge Monell, who will hold the conrt tillthe 19th, and after him Judge Freedman will hold the court the rest of the month. Jn the Court of Common Pleas, Jadge Larremore will hold on till the 5th inat. Judged, F. Daly will sit the ress of the montn. Among the passengers to-day by the steamer pemibire is Mr. Theodore Aub, of the law orm of Townsend, Weed & Aub, goes to Rurope npon important matters counected With the affair o} Mme, Pauline Lucca, Who is Dow Mb Switzerland, for that | ber | Long, appellant.—Judgment affirmed, with | f Daniels, ! tis said that Mr. Aub | POLICE NOTES. Burglary by Means of a Fire Escape. Peter Waish, of No. 616 Egat Thirteenth etreet, | Was arraigned yesterday before Judge Kasmire, | charged with burglariously entering the building | No, 622 Rast Thirteenth street, and carrying away | clothing of the value of $60, belonging to Felix Toole. Both are rear buildings of the tenement | Class and protected by fire escapes, which, though | undoubtedly useful for pi for which they are intended, can also, it seems, be made available by criminals for their own ends, thought young Waish, who ascended to the rco? Of his own house, and, stealthily ay over the roofs of those adjoining, descended the fire escape oI Mr. Toole’s residence, and entering the window succeeded in waking off with considerable hooty. About vbree o'clock im the morning, however, Alce Fitzgibbons, who is a neighbor of Toole, was aroused by the noise of the burglar as he was stow- | ing away his plunder in a bag, She gave the | alarm, and Officer Mayer, of the Eicventh precinct, | arrested the depredator before he could make om, | Yesterday Judge Kasmire held him in $2,000 to answer, Dangerous Depredatorm. The perils of property owners whose houses | happen to be vacant was very forcibly illustrated in a case before Judge Kasnure yesterday, when | CHILDREN’S FREE PICNIC. a The distribution of tickets for the Eleventh ward free excursion for children took place yesterday afternoon at the police station, corner of Houston street and avenue D. Although Mr. Williams, who gave Out the tickets, advertised the time of their delivery at three o'clock ¥. M., the little fellows began to gather round the station house by ten o'clock in the day, and before noon there was such @ motley crowd of little folks congregated as would have delighted a Hogarth or a Doré to pic- ture. There were sheepien litue fellows and bold ones; girls bashful and others who were bot; clean faces and dirty, ragged garments and whole ; hair that looked glossy and smooth, and heads that for weeks had not known a comb. There were, too, the representatives of many mations and re- ligious sects, Hebrew and Hiberniwn, Saxon and Frank, British and Belgian—to say nothing of the native Americans themselyes—were all repre- sented among that barefooted, shock-headed mul- titude of poor little children. As they came 80 early and had to wait for more than three hours before the distribution took place, Mr. Wil- Hams, aided by the police authorities, had them | grouped up along the sidewaik tu the shade; and three boys, uamed Martin Lewenstein, William | Balaveret, and Joon J, Sachs, were arraigned for entering the Vacant house No. 200 East Tenth street, and fairly ransacking it. They carried off the load pipe, broke the gas fixtures, and other- wise damaged the premises to the extent of Sev. | eral hundred ®oliars. The boys, who are quite young, were arrested by Omcer Flanneliy, and held fo answer in default of $500 bail each, A Den of Outlaws. On Thursday Officer Keely, of the Eightb pre- | cinet, was charged with the execution ofa warrant | for the arrest of a pickpocket. He entered the | premises of William Dunston, at 122 Bleecker street, a sgioon mach frequented by characters of that class, and was immediately set upon by the proprietor and a number of other rumMfans and severely handled. Other oMcers came to his aid and Dunston was taken jnto custody, | Judge Murray held iim in $500 bail to answer. \ Tracing Title. | The curious story of Morris Martin's watch has _ been already detailed in the HERALD, It was origimally stolen by highwaymen from a man named Thomas Collier, of No, 831 Monroe street, in May, 1873, By some means it found its way into the hands of Thomas Monahan, the proprietor of @ liquor store, since dead, Thomas Monahan roid it to Sergeant Day, of the Fifteenth precinct. Day sold it to a dealer named Geigerman, and Geiger- man sold it for $20 to one Morris Martia. ‘The parties were all before Judge Murray yesterday, and che matter was ended by the watch being re- stored to its owner and Sergeant Day's repaying to Martin what the latter ad paid for it to Gieger- man. DEATH IN A SWEET FORM. the Secrets of Cheap Confectionery. The attention of the public is called again to the poisoning of sweetmeats, Adulterated candies | and bonbons have caused the serious tilness of many children in Brooklyn, and at the meeting of the Board of Heaith of that city on the 50th of July (reported in the HERALD) resolutions of General Jourdan were adopted providing for an investiga- tion by the Sanitary Commictee of the materials nsed in the manufacture of confectioners, “in order that the cbildren, at least, may be protected from the evil effecis of the dangerous compounds sold under the description of candy,.”’ chocolate soid in this city is adulterated 80 as to be injurious to health a HERALD representative | was despatched to one of the largest manufac- turers of chocolate confectionery, cocoas, bon- Yesterday | | Lurking Poisons in Bonbons—Some of | | Aaron Clafiin. Believing that a large proportion of candy and ; bons, &¢., in order to investigate the matter and | to warn the candy-eating public of their danger in indulging in these seductive and toothsome sweets, ‘The establishment referred to is situated in Bleecker street, and the reporter was courteously received by the proprietor, when the following conversation took place :— ReErorTER—I wish to ask, as a matter of prime importance to the public, whether yon know any: | thing about the adulteration of candy ¢ PRoPRIETOR—Yes, 1 Know all about it, and will gladly give the HERALD the lacis, REPORTER—What are the principal need or in- jurious articles used in adulteration PROPRIETOR—The pitneipal, of course, is terra | alba, @ sort of plaster of Paris or gypsum. It comes irom South America, and ships bring it back as ballast. It is sold in casks or hogsheads, very cheap (two or three cents per pound); but there are, of course, various ot healthy substances used by uuscraprious man in the candy business, Wio do not care how many | people they injure as long as they can make | money. ‘Thus lampblack, verdigris, prussic acid (a deadly poison), gamboge and various chemical compounds for coloring enter largely into the | manufacture of their wares. ee the use of these adulterations gen- eral? PrornikToR—I will venture to say there are not more than a dozen candy dealers in New York who reirain from the use of the articies named, | OORONEBS’ CASES, Thomas and Patrick Ryan, brothers, and John | Chariress, all of No. 2,122 Second avenue, who are charged with being implicated to some extent in the drowning, in the East River, off Ward’s Island, last Sunday, of a companion named John Dunn, were brought before Coroner Woitman yesterday | by Detective Hughes, of the Twenty-third pre- cinct. They gave bail, each in $500, to await the | Yesult of the ingnest, which is to be held during the coming week, and were then discharged. On Thursday evening Jonn Scalion, residing in 100th street and Tenth avenue, while sitting in a chair on the piazza, toppled over, and ra a | ba the sidewalk received an injury of.the head proved fatal during the night, The Coroner was notified yesterday, } John Vance, aged forty, of No. 11 East Broad- way, was found dead in bed yesterd morn- ing. The cause of death is supposed to be either heart disease or apoplexy. Patrick King, aged forty-five, of No. 21 Catherine eaten died suddenly, the cause of death being un- nown. How the nitary Board Negleets Its | Business—A Cxsxe in Point. | Yesterday morning @ certificate of death was | Yecetved from the Board ot Heaith by the | Coroners, in which Dr, Harris gave the following | tnformat ES On Thursday evening, Josephine Loehle, aged smalipox. She had been illsince the 25th ult, | on which dey the father informed the Sanitary | Koard of the case and requested them, as he was | unable to pay for one himself, being too T, tO sends physician to prescribe for his sick child. Not the least notice was taken of the matter, and | he (Dr, Harris) requested the Board of Coroners | | to make the a ea Inquiry into the matter. | Coroner Woitman has taken charge of the case. | Consering the! Wew Haven Rathiond | Company—More Ambulances Called { | For. Lous Zimmer, aged sixteen, of No. 161 East | Forty-second street, died a few days since in Belle- vue Hospital, to which piace he was taken from the Forty-second street depot, where he was run } over by an engine of the New Haven Railroad Company. An inquest was het yesterday by ! Coroner Woltman, when it was ascertained that the boy was On on outgoing troin and jumped off | at Forty-sixth street. An engine that had just heen detached from ao incoming traiu struck him as he endeavored to cross the down track, and | crushed his foot in a shocking maucer, and of this | he died, The jury censured the said company for | Negligence, and recommended that facilities be provided by tne city for the removal to the hospitals of injured WHO KILLED MES KESSLER? A Coroner's Jury Unable to Agree O'Toole Held for Trial. Coroner Kessler yesterday held an inquest rela- tive to the killing of Mrs, Theresa Kessler, at No. 306 East Forty-ninth strect, last Sunday morning, 4ohn O'foole, @ carpenter, residing in the same house with the Kessier family, was arrested for the homicide. | avinks, which were served by Mrs. Kessler, He ; bad no money to pay. Mre. Keesler scolded. A guarrel occurred, in wh otbers joined, O'Toole was chased tp the stairs, Soon avter an unusual crash was heard on the sidewalk. Mrs. Keseler Went ont and was hit upon the head by a fallin; smoothing iron, apparentiy thrown from one ol the upper windows, which crushed her skull and rostrated her senseless on the pavement. Mrs. ’Toole denied the ownership of the smootbing iron, swearing that though her husband raised the window, he threw nothing out. No agreement | could be come to by the jnry. four were of opin- ion that the proof showed that the prisoner threw the iron, whiie two belleved it came (rom 0'Toole’s window, but did not think there was proof that ho ; threwit, On this state-of facts the Coroner com- | MITTCA the prisoner to await the action of the | Grand dure six years, died at No. 216 East Fourth street, of | it became just about as easy to keep them in one lace und preserve the peace an to look ister a asket iull of ants, Sometimes it was necessary to use a little energy among the unruly ones to bave them keep quiet. When the distribution commenced the chil- dren—boys and girls 1ogether—were formed ina long line on the shady side of the police station, and they commenced fo file past Mr. Willams with considerable cee as he crenyee the plenic tickets into their little dingy paws or the crowns of greasy, worn out caps. It seemed as tf that con- stant stream of expectant children would never cease to fow past the beholder. One could hardiy believe his eyes in seeing such numbers of children together. There they were, from every alleyway and tenement, Every cellar and attic in the Eleventh ward; and heaven knows there 13 pov- Ct erie and wretchedness enough in many parts of it. About 3,000 tickets were distributed among the children yesterday. The picnic takes place to-day at Oriental Grove, L. I. both sexes are expected to be present. Mr. Wil- hans expiained that a little more than half of the number ol tickets distributed represents the num- ber of chiidren that will probably go on the excur- sion. One reason for this is that the cunning little ones, thinking that each ticxet is worth a certain amount of good things, some of them try the re- peatuing dodge to become possessed of two or thiee of the cards. The funds for carrying out this charitable and excellent way of giving the poor children of our great city aday Of sunsnine and enjoyment are accumulated from voluntary contribution. Mr. About 1,900 children of | | No, never! It tn suchan oe Md pending th some strees Why nobody on weed anything to Bay about the Canadian procity ‘Treaty, tbat being a matter peccharly within thelr jurisdiction as in- ternational benefactors, To which query Mr. Halstead reaponds in a clever letter thi# morn- ing, in which, after gently chaMng the 7imes, he takes up the roe of a prophet and predicts that the treaty will be adopted next December. THE POPE AND PRIESTHOOD. eee The Ponti Sets Forth the Temptations To Which Clergymen Are Exposed— They Must Battle Like David Against All Sin, [From the New York Tablet.] On Sunday, July 12, all the foreign colleges in Rome had the honor of being received in audience by the Holy Father, There were present the College of the Propaganda, the North American College, the Latin (South) American College, the Germanic-Hungarian College, the English, the Irish, the Scotch, Polish, Belgian, Groek colleges, and the French Seminary of Santa Chiara Father Freyd, the Superior of the French Sem!- nary and Consuitor to the Propaganda, read an address wherein he expressed to His Holness the sentiments of fervent devotion and boundless spect which all the young ecclesiastics there as- sembled from all parts of the world to drink in true science close by the infallible See of Peter, in order to spread if abroad throughout the unl- verse, together with the lignt of the Gospel, pro- fess tor His Holiness. “Behold them,” sald Father Freyd, “prostrate at the feet of the Vicar of Jesus Christ to implore his apostolle benediction.’”, THE PONTIFF’S REPLY. The following is the Holy Father’s reply to the atidresi ‘The preture which the Father Rector of the Uol- lege of Santa Chiara has just drawn of the social sitnation and the state of the Catholic religion 1s very true one. But be has dwelt Sepacially upon the number of the enemies Who assail the Chute, who would wish to see it destroyed, and who, to bring about this destruction, make use of vartous means—here of open cruelty, there of secret snares and hypocrisy—for all means are geod to the enemies of God, provided they succeed in attaining theirend, But they will not attain it, And let as be always prompt to re- uimate our faith with those divine words: “Porte non prevalebunt—the gates of hell shall not peeve For you, who are still young and | destined by God to’ preach the truth in all parts Williams states that snMclent money is now on | hand to defray the expenses of three more excur- sions like the one of to-day. It is intended to give eight or ten more during the present season if money can be had to do so. To give all the poor children of the city a day of enjoyment would re- quire an excursion almost every day trom now to the end of summer. In addition to the luxury of a good bath the children Will be regaled on sandwiches, milk and ice cream. the excursion. An escort of police is to be on band to preserve order, THE FLOATING HOSPITAL, Destitute Sick Children’s Fund. Excursion The following additional contrivutions have been | received by Key. Alvah Wiswall, Master of St, John’s Guild, for care of destitute sick children and for the Floating Hospital :— THROUGH GEORGE WILKES, M.D. Mra, Coldes Miss Wilke ‘The Misses Edwin ©. Burt . it Spalding, swint & G6. Joseph >earch. Henry A. Peck Murph, W. 8. Wels Amount previouriy acknowledged Grand total. Contribrtions ar be sent tothe Nrw esbit. earnestly solictted, and may YORK HERALD office, Mayor Havemeyer, City Hall; 8. B. Chittenden & Co, 328 Broadway; Chickering & Sous, No. 11 Bast Fourteenth street: Samuel J, Courtney, No, 244 West Thirty-fourth street; Rev. E. H. Chapin, D. D., No. 14 it Thirty-third street; G. De Witt, Bro. & Co., No, 90 John street ; RK, Ogden Doremusa, ‘o. 70 Union place; Francis P. Furnald, No. 47 Warren street; John P. Faure, No. 238 West tley- enth street; William B. Ogden, No. 214 Broadway Park & Tilford, No. 921 Broadway; Marshall 0. er polsonons and un- | Roberts, No. 177 West street; Henry G. Stebbins, Department of Public Parks, corner Sixteenth street and Fourth avenue; David Salomon, Ger- man-American Bank, No, Broadway: Jackson S. Schultz, No. 63 Clit street; Titany & Co., No, 13 Union square, or Rev. Alvah Wiswall, Master of St. John’s Guild, No, 52 Varick street, A Barge Provided, | apostle saya. A fine band of music will accompany | Of the worid, it isto you more particularly that the words of Jesus Christ which we read in the Gospel of this morning are addressed: “Atendile a falsis prophetis—veware of false prophets.” For there are many of them, my dear children—many of those false progneis: Atlendite, beware of those who enter not in by the door tnto the sanctuary. Aftendite, beware of those who are the masters of lying, as says the Prince of the Apostles, <Attendtie, beware of those who are transported with pride beyond measure, a3 the Pride has only one foot to stand on and it falls headiong easily, as in truth so many proud ones have fallen horribly, Attendite, beware of those because they are impious, and not only re they impious, but the Apostle St. Jude charac- terizes them by a series of ephitets, only to read which causes one to shudder with horror, They are those who preached from the pulpit, and who, from disciples of truth, have become the masters of error and of lying. Beware of them. lt is your duty to fight against them with all the arms you can command—sclence, purity of life, patience; for God sends you forth as tambs in the Tuidst of wolves. Among those whom you will have to combat in their errors, tn order to en- j lighten them and draw them back within the fold o | St. Peter would call them :— the Church by divine grace, some there are who are deaf to all warning—children of malediction, “Those are the blind, and leaders of the piind, and those you will havé toabandon to themselves.’ Ubi non est auditus, | } non efundas sermonem—where there is no hear- ing Waste not your speech. There are also many others who labor under illusion; and those you ougut to mvyite by all the means which an inge- | nious charity cat suggeat, and, if possible, draw | thems even to the feet of our divine Redcemer. It | nehooves you to employ ail the means possible; but | all means are not in the hands of all. Those among you who fe provided with a great mind and large instruction will ve able to combat the glants of unbelief, Others, to whom God has given less penetration of mind, may also ald in the triumph of truth by tin poe talent tell as they heve received trom God. ok at David. He was so sure of being able to slay tho haughty Goliath that he hesitated not to present himself to Saul, overing to fight the terrible monster against whom no one Gi the Hebrews had dared measure | his strength. Sanl hesitated; but, after having heard the recital of the young shepberd’s | exploits, of his victory over the bears and the lions, he began to 4take confidence, aud commanded that the beardless warrior should all the rest of the King’s armor. David then clad ; him gs the King desired, but scarcely was this | could hardly move. ! authority of an exemplary life, by instruction, by Mr. Martin, of the firm of Martin & Kaskall, | No, 111 South street, called yesterday on the Rev. Alvan Wiswall, at No. 52 Varick street, and tendered the use of the barge “Harvest Home" to the Guild on the following liberal conditions:—For the first excursion Iree, and jor the elght following ex- cursions a charge Of only $8 75 per day. [t is hoped that tug owners will be found equally generous. GONE TO A HIGHER TRIBUNAL, The accidental death of John Scalien, late super- intendent of the construction of the Harlem Court House, at Washington Heights, destroys a tink in | the evidence of that famous ring fraud, for which Harry W. Genet ts now a fugitive from justice. scalien was the only witness Genet caused to be put on the stand In ms defence. Alter he had testified Genet appeared as a witness for himself, and so little confidence did the jury repose in either of their testimonies that they tonnd Genet guilty. ‘the trial commenced on the 16tn of last ecember, and on Friday, the 19th, the jury found Genet guilty. The ex-Sherif permitted Genet to remain in the custody of Deputy Sheriff Shields, at his residence in Harlem, and jrom him Genet made bis escape, for allowing which he and Sherif rae were imprisoned in the county jail for one month, A CHILD LOST IN A SEWER. A strange affair took place at Preston, England, lately. Shortly alter two o'clock a little girl, two years of age, daughter of Mr. B. Fishwick, pubit- | can, was sent out to play near the house, which is situated in Stonygate, Preston. About three o’clock her parents sent out for her, but she could not be found. The parents searched the whole district for their child, but their efforts were Irult- leas, A number Of neighbors voiunteered their sistance, and they scoured the whole locality with- out the slightest trace of their child. The search continued until about nine o'clock at night, when a number of men, on searching a woodyard con- tiguous to the chha’s dwelling, thought they heard faint cries. The cries apparently proceeded irom under ground, and one of the men, on lookin about, discovered a small hole iu the groun sbout ten inches wide, at the corner of tho yarl, which is owned by @ Mr. Cun- ningham. He called down the hole the | name or the littl girl, and he received from the distressed and frightened chila the addinonal © The testimony showed that late on | Saturday night O'Toole, with two others, entered | the drinking saloon kept by Kessler, and calied for | for orators specially assigned to alter dinner duty. reply Dad.’ On the discovery being made known large numbers of persons flocked to the spot and very s00n & Number of willing hands were en- gaged in the rescue. ‘Was discovered is @ sewer and how sie had got in 18 & complete mystery. ‘the work of rescue wasa very «difficult one, it heivg feared that sume of tne bricks of the archway of the sewer would fall on the child while an opening was being made. At teo o’clock au opening of suMctent size was made to letalad down. The child in the meantime was crying bitterly, notwithstanding the encouraging expressions Which were made. The tad crept down the sewer tor some short distance, when he discovered the chiid unharmed, al' hough consider- ably exhausted, He raised her through the hole weight set on Mis back than, trying to walk, he Then he cried out, ‘cannot | go thus, for 1am not used toit.”” From this I con- clude that all are not fitted to combat certain | giants of unbelief, because they have not the armor fitting for tuis Kind of combat. But if they cannot fight directly they can combat them by the be arrayed in tue royal arms, with the helm and | } \ | | i consoling the poor, and, as all comes from dod, by tervent mediation on the Passion of His Son, who, trom the height of His throne of mercy, searches our hearts, listens to them ana grants | their pray ot David, embarrassed in his weighty armor, laia it off, and coutented himself with taking five smooth stones which he had picked out of the bed of the torrent, and it was with one of these, head of the giant, who, tumbilng to earth, lay | there a corpse—a spectacle of confusion for the | Philistines, who. terrified, betook themselves to fight; @ subject of joy for the Hebrews, who chanted hymns to the God of victories, But, you know, the five stones are symbolical of the five wounds of toc divine Saviour, and those wounds, | whicn are a ba!m of life for all those wao adore and look upon them with taith, with love, with perse- verance, are also a cause of malediction and nee eee for those who despise and blaspheme them. sed Do you, my dear sons, draw near to these wounas, and especially to that which yes open tue entry to His Sacred Heart. In these days the Catholic world does draw near to this source of charity. 1¢18 thence that you also ought to draw that vigor which should accompany yon when you fight the battles of the Lord. And then, animated with the spirit of God, yon may call all tne world to penitence. “Scindite corda vestra: open out your hearts,” you will say to the sor confided to yOu by your pastors. ‘Soften your hearts, Pani- | tentiamagite, do penance,’ you will cry out to them, “that you may become Worthy of the divine mercies.” But never will you say to them that it | behooves us to accommodate ourselves to the | present state of affairs; never will yon cease re- plying to the attacks of the enemies of God on the pretext that this state of violence must die out. To those who tuink tn this manner a woman makes answer for me—she who addressed 10 the priests and the chiefs of Bethulia those memorable words ‘—‘‘And who are you, who tempt God As for you, dear sons, I end as I be; of false prophets; and be assured churchmen Who abandon themselves uncontrolled judgment are impelled by pride, by greed and by another low passion. 1 will end with a story:—Twenty-six years ago | there presented himself to me ap ecciesiastic. since dead some years—who had forgotten the sanctity of hig character and yocation, He was engaged, unhappily, in the Revolution, and he had Jabored hard to rise to a high position in the State, | launched from his sling, that he struck the fore- | \ | | i | In the course of the very veried conversation that The place in which the child | | Of God, because unless the Lord himself guardeth | the town, he wateheth in vain who guards it and she was lifted out of the sewer amid the | applause of the crowd. to the great delight of the arents, The poor child had been imprisoned in ne sewer Seven hours. ‘The sewer abounds with rats and vermin from the neighbouring sanghter houses, but the cinid had apparently not been touched by them THE AMERICAN EAGLE ABROAD. (London correspondence of the Tribune.) Mr. Hulstead’s speech was whe success of tne evening, if | may judge by the reports—and some- thing is to be judged also from the mere fact ihat it Was reported ;- that honor being usually reserved Aspeech, I need not say, of excellent humor, and of great good sense on other topics than Free ‘Trade. On the jatter subject it was what is to be expected, AS an attempt to afford an innocent ratification to a number of Engiish gentlemen tt jad some strong points, When, jor instance, Mr. Halstead assured them that there were not half @ dozen protectionists in Cincinnati. Still more when they jearned that all our troubles arose trom the fact that Pennsylvania was in favor of pro- tection, and that Mr. Haisted hoped belore long to convince Pennsylvania of the error of her ways. The hit of the speech was its successful eu- deavor to make Englishmen conceive our rebel- Hon as an exampie of the home rule doctrine in an aie nen shape—which quite took the com. pavy by storm, The Times on Monday scemed disposed fo treat the Cohden Cinb and its orator ip a leas reverenulal manner than conld be degired, | and hesitated not to propose to me to take from the clergy the most precious pearl with which it is adorned--that one which stamps it with the greatest respect the eyes of the people. Al! weil. May the disasters of others serve you a8 a motive for fear to keep you alwa: faithful to God. Around you also prowls the co: mon enemy, seeking Whom he may devour, In a | word, beware of liaise prophets, and to defend yourse!ves against them strengthen your confi- dence in God, in order that, by the mediation of the Blessed Virgin Mary, he may protect and de- | fend you in life and at your death. May these few words be for you a8 a remem. brance of me and an encouragement to preserve you to the Church, for which I would 80 gladly Multiply good ministers, for the harvest is great. For the rest, let us place ourseivas in the hands | | We had together he spoke of the ecclesiastic body, | Benedictio Dei, &c, PURCHASE OF FARMS BY IRISH TENANTS “IN IRELAND, The applications to the Irish Board of Public Works by tenant farmers for loans to ald in the | Purchase of their holdings show @ considerabie | | Jaliing of*in the year ending with March, 1874, the ; Under the forty number being 106, against 260 in the previons year, and the amount authorized to be advanced being only £49,130, against £105,128, Since the passing Of the act in 1870 938 tenant farmers have purchased their farms, comprising an acreage of 22,116 Acres, at a groga cost of £310,582, aided by advances made by the Board amounting to £192,066, ‘The aphnal rent paid in respect of these holdings was £13,141, againet which the future rent charge payable to the Board for thirty-five years from the date of the respective Advances will be £9,003, The great majorly of the applications have been under the sorty-filth sec- Uon of the act, which {6 applicable to the case of tenants whose holdings are sold ander absolute order of the Landed Estates Court, but in twenty- three cases tenant purchasera have availed them- selves of the aniendiog act of 1872, which enables tenants to obtain assistance irom the Board in purchasing their holdings without taking any roceedings in the Landed Estates Court. since he commencement of the act of 1870 only six loans, amounting to £6,786, have been granted Mouren section, the landlord and tenant agreeing to the sate of the molding 19 404 latter and ontaining the confirming order of th | Court under the thirty-necond section, | ontlay by at least $36,000. en, MUNICIPAL AFFAIRS, TEA alors CERRO The Lull After the Storm—A Humdrunm Meeting of the Board of Apportion- me The Board of Apportionment met yesterday afternoon at a quarter past one o'clock, pursuant to a call from Mayor Havemeyer. The four dietin- guished gentlemen who compose this Board greeted one another with distant nods, Mayor HAVEMEYER looked over the minutes and - moved to approve them. Comptroller GREEN moved to lay them over. Carried, _ Mr. GREEN offered the following resolation:— Resolved, That in pursuance of the guthority cons ferred upon the Board of Estimate and A Dy provisions of section 112 of chapter SiS of the Laws o 187 the Comptroller be and he Is hereby authorized to isgue from the to as may be required, and at such rates of interest ashe may dotermine, not e: ove aa Seven per cent per annum, “assessineht bonds of 1 ity, ot New Yor authorized by chapter 337, Laws of and chapter 68), Laws of 18/2, to the amount of ‘The resolation offered by Mr. Green calling upom the various departments to furnish their estimates po) dhe ait eae 1, bi ibe was a ore ing’s stormy debate, wi jopte on motfon of Mr. Green, : i " A petition was received fram the New York Free Medical College for Women, at No. 51 St. Mark's place, asking (or aid from the city. The manager: represent that they have never’ yet received an appropriation (rom the city, thal their liabilities are $20,000, and that they cannot go on uniesd their urgent nced is relieved, ‘The petition was laid over and Mr. Grery thon moved to adjourn. The motion was carried and then the members separated without having ¢fe jJoyed a single row. BIDS FOR THE FIRE DEPARTMENT. : Comptroller Green was at the Fire Department yesterday opening sundry bids, There were three bids for building a fire steamboat, as follows :— Wood, Dialogue & Co., $35,400), Lawrence & Falk, $32,360 and Ward, Stanton Co., $27,700. The. highest bid for altering the butiding at No. 128 Mercer street was made by P. K. & J. A. Worgan,, $4,100, and J. V. Donovan, $3,500. ‘The lowest bid ders for erecting the Dullding at Nos. 130 anda 132 Amity street were Shapnon & Ross, $25,700, and the highest were A. A. Andross & Son, $33,000, There was no bid for furnishing two steam boilers,/ and the bids for furnishing 16,000 fee* rubber howe were not opened, ME. VAN HORT ECONOMISING, Large Number of Removals. Mr. Van Nort, in conseqnence of the heavy re- duction of the appropriations for his department, bas found {it necessary to discharge half of the force of workmen employed on the county bulid- ings. He has done this in the most humane and’ considerate manner possible, as will be seen by the following circular, dated July 31, which he has. sent to the unfortanate victims of Mr, Green’# spleen toward Mr. Van Nort:— In consideration of the reduced amount of the appro- riations for the maintenance and care of the publia uildings it becomes necessary to diminish the working force employed to keep within the appropriations. Being desirous of aiding all the present force to the fullest extent consistent with economy, after much de liberation it has been considered advisable to. suspen oneshalt of the force for aterm and upon their restora- tion to suspend the other half, This plan has been set- tled upon in order that all may have an equal chance. In accordance therew! 7. are hereby suspended from duty from this date until turther orders, The following are the removals effected yester- ayi— One janitor. Four assistant jar hroe watchmen, ‘hree firemen, at Thirty temale cleaners, at $30 per month . One assistant engineer Tot é 70 The total number of removals is fifty-four. Itia probable that they will be suspended but one month and restored on the Ist of September, when the other halfof the force will be cutoff. This is certainly the most kindly manner of carrying such a cruel measure into effect, and it reflects credit upon Mr. Van Nort’s fairness of administration. CITY HALL NOTES, ‘The Board for the revision of Assessments dia not meet yesterday afternoon, owing to the absence of the Mayor and Recorder, Comptroller Green heard informally the complaints of Adam Meidiinger about the negligent manner in which the work of paving Sixty-third street, from Secon® avenue to the East River, was performed, and the remonstrance of Mary G. Pinckney, on whose paré it was claimed that her assessment for regulatin, 119th street was seven times higher than it ongb' to be. The Board whl meet next Tuesday, at two o'clock. The Mayor had a very qulet time of It yesterday, receiving but few callers and seeing no inter- viewers. Ex-Commissioner Gardner called yester- day morning to sce His Honor, but he was ont. Mr. Gardner says that “he is keeping quiet,” and has not yet made up his mind as to whether h will accept the office of Excise Commissioner, “1. never held office beiore,’’ he said, “ans it seema that my first entrance {nto oficial Iife way not @ snecess."! The Department of Works will soon advertise fo! bids for the erection of @ new roof on the Armor" in Tompkins square, Temporary measures have been taken to save the present roof from suffering still further damage. OHARITIE8 AND CORRECTION, Success of the Lying-in Pavilion Hos- pital—Reduction of Attendants’ Sala- rles—Practical Economy. In the meeting of the Commissioners of Charities yesterday a communication was received from Dr. | A.B. Macdonald, chief of the medical staff at Black- well's island, giving @ most encouraging report of the operations of the new Pavilion Hospital for puerperal fever, which was opened six weeks ago. - Of twenty-two patients taken irom Bellevue Hosple tal sixteen baw 1 recovered from the fever, and the otner six are all out of danger. There have been no deaths. hated paticats are now In the hospt- tal, and atl are domg well. All the old wards im Bellevue Hospital which were infected with the fever have been entirely demolished. In carrytog out the e snomical reductions requt- site to bring the operations of the Commission within the cost pr" * ‘or meas, 1d estte mates, the Board y 4 a resolution classifying the employes at tne renitenviary, making three grades—keepers, guards and cox- swains. Five of the fifty-five keepers were dis. charged, twenty were designated a8 guards at $60 per month, while the keepers receive $2 50 per day and the coxswaing $60 per month. By thie change there will be saving of $300 per month, Visitors to the outdoor poor, who were recently suspended, have been reinstated, their pay being eut down from $1,200 per year - ‘urther vings were made by disedntinuing the running of he steamer Bellevue, the discharge of the districs physicians and tbe reduction of the salaries paid to wardens, keepers and other employés. All these economies are expected to diminian the yearly On this basis the Com- Missioners fire sanguine they can conduct the affairs of the department 80 that their expenses will not be beyond the sum assigned for their use, PERILOUS CONDITION OF FOURTH AVENUR A Yawning, Jagged Chasm and Unpro- tected Pitfalls—How Corporations Dis- regard Citizens’ Rights. It is no mere figure of speech to assert that New York is the most long-suffering and much-endur- jog city in Christendom, Whether the fact arisca from its cosmopolitan character, its protracted period of municipal corruption and misgovern- ment, or from causes allied to each or both of these | influences, the position is unquestioned that the Average Gothamite will, uncomplaingly, endure more irom the aggressions of conscienceless corpo- rations than the citizens of any other progressive city under the sun, The condition of Fourth avenue, say between Sixuieth and Ninetieth streets, at the present day, forms the fiftieth flustration of the po | sition within the recojjection cf even young Mien, ‘The Vanderbilt bg els are engaged in Mink. ing their tracks along this route from the new Central depot towards Harlem River, The opera- tions have been conducted on the principle of plercing the avenu t arbitrary intervals and then proceeding to blast the rocks and reduce the | entre width of the thorougbiare to ab indeseripa- rous chaos, The following summary oe aes nguisito ial rambie from Ninetieth strect, southward, made ef ee igen > pictures but aggerate the conc — acen each 8 ae of the avenue, between Nineticth and Eighty-eighth streets, the middie of Fourth avenue consists of a deep, rugged and precipitous gorge, Whose yawning steeps extend on cach side ayae 'to the Acrimp hal! sidewsik of the houses. There is absolutely no protection from children tumblin, headlong into the yawning galt; but the cavnorative conscience bas soothed itself by orm. ing what it no doabt terms a protection, hy run. ning at intervals, at an elevation of shree ieet or thereabouts, a plank from one heap of jagged rocks to another, But in most places even tis apology for close, substantial fencing ts dispensed with, and the grim, extended cavern opens its jagged jaws hungeringly for its imfantle or al- conolized aay On the side of the cornor of Eighty-seventn street there is a very dangerous, yawning chasm, with only the faintest burlesque of protection. Here, too, the fact begins to be manifest to much- enduring citizens that they have no right to a walking Way down the avenue which railway mil- lonnaires are bound to respect, The fois’ Jarer is compelled to make periious descents ascension” if he would Keep within sight of the track Qntil deventy-third atrect Is reached, when, (OONTINUED ON NINTH PAGEI