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

Pe eT Mae Re “A ES ee nS at a RACING ON LONG ISLAND, Prospect Park Fair Grounds Association. AN EXCITING HURDLE RACE. Tabitha Breaks a Leg and Is Shot to Death on the Track. —<——$<— “Iwo Races, a Walk Over and a Forteit. ‘Kadi, Mate, Impecunions and Erastus Corning the Winners, A VIRW FROM THE CUPOLA. “1 hear that Dublin has picked up @ nail and will | ‘be counted out to-day,” was the first sentiment heard at the Prospect Park Race Track yesterday morning. “Yes and more’s the pity, too,” an Irish stable- man, with @ scrubby tuft of hair on his chin and ‘Wearing 4 damaged hatband, replied; “I saw him this morning go around the track like a cannon ball, More’s the pity, shure."” The ride to the Prospect Park Race Course from Fulton ferry and back to the starting point is just eighteen miles, nine miles each way. Part of the route is through Prospect Park, and then there is @ grand boulevard of three miles to the entrance of the track, the boulevard being a magnifi- cent ana wide road, with trees of an immature growth planted on each side of the Toad. No fault can be found with the road, witich 4g as level asa board, with the exception of the Jact that it was very dusty and should besprinkled | Impecunious, by Tipperary, dam Lucy well and constantly by the city of Brooklyn or the association. It is a scandalous thing that a great public highway like this, so well made and com- Manding such a prospect. should not be in order for the purpose for which it was designed, namely, Pleasure driving. There is no more pleasant racecourse, or one hay- ipg more beautiful surroundings, in this country | und what motive he could have had in making the than that of Prospect Park. Every convenience for man and beast is in readiness and can be procured without any trouble. At nearly every other race course, with the exception of Jerome Park, | 1n the race, however, and there was nothing made the restaurant accommodations for ladies and families are wretched, and it is impossible to get a warm cup of coffee or a bowl of soup at any price. But at Prospect Park the club house affords every facility, and an excellent dmner may be obtained there at very moderate prices. Up here in the cupola carriages, landaus and: Pphuetons may be seen coming in rapid succession toward the race track. ‘the horses are be- ing driven fast, but at such a_height the motion is almost faint and hardiy perceptible. Hulf-grown negro lads swarm around an their attempts to earn a shilling, and some- fer and @ alk over. The first race was a Gash of a mile ayQ a quarter and the second a handicap hurdle,race of two miles over eight hurdles. The walk/over was for the Prospect Park Cup and the forleit was by General Yorke to Erastus Corning. ; The track was i very good condition, but Jor the waat of rain was deep in dust, One of the horses im the burdie race was 80 much injured that it had to be killed. Auother fell down, but iortunately neither man vor beast was injured. In the race ior Trial Purse for all ages there Were four extries, three of which came to the post, the other—chestnut colt, Dublin—naving picked Up @ nail in the morning, which jamed bim badly, and, in consequence, be had to be withdrawn. He was @ great favorite previous to the accident. The starters were M. H. Sansord’s bay gelding Kadi, by Lexington, dam Katona, § years old, carrying 114}541bs.; D. McCoun’s gray coit Frank, by En- gineer, dam by Governor Wickliffe, 4 years oid, 108 lbs.; L. A. Hitchcock's chestnut filiy Quits, by Eclipse, dam Columpia, 4 years old, 105 lbs. Kadt had tne call in the vetting, in most instances over the fieid, Kadi took the lead at the start, was never headed and Wona capital race in most ex- cellent time. Quits could not even get on even terms with Kadi from start to fuish. Frank was never in the race at all, being outpaced trom the falling of the flag. The following are a few of the pom previous to the start: — 130 «140140 130 +100 US 120 130 OK * + » 10 12 13 10 ‘The second race on the programme was the Prospect Park Cup, two miles and @ quarter; win- ner of Westchester, Monmouth, or ratoga Cup 7Tlbs. extra; $100 entrance, half forfeit, with $800 added by the association. e were six entris consisting of Babcock & Ransom’s bay cols Kal som, by Asteroid, dam Bonnet, 4 years old ‘Y. G. Bacou’s brown horse Granger, i 3 imported Aysgarth, dam Charley Ball, aged; M. H. Saniord’s brown horge Mate, Austrahan, dam Mattie Gross, 5 years old; the same gentleman’s vay horse Preakness, by Lexington, dam Bay Leal; aged; Lawreuce & Lorillard’s bay horse lock, by Lexington, dam Edith, 6 years old, and the Same gentleman’s chestnut colt Resolute. None Ol the ubove entries came to the post except Mate, and he had a walk over for the cup anu tne $800. The tuird race on the programme was a match for $200, half-inile heats. The contestants were William Smith’s chestnut gelding General Yorke, by Planet, dam Albine, aged, carrying 100 lbs. and George Ayres’ chestnut colt Erastus Corning, by Lightning, dam Nora Creinas, 3 years old, with 100 lbs. up. Erastus Corning was a great Javorite over the old horse in the pool sold the night belore the race. Mr. Smith paid forfeit, and that was the end of that affair. The jourth event was a handicap hurdle race, with four entries, two miles, over eignt hurdies, | The starters were M. J. ‘Tully’s bay gelding Vesu- =) vius, by Vandyke, dam Lizzie Barry, aged, carry- ing "14 los.; James 8. Cattanach’s bay elding fowler, aged, 139 lbs.; J, Bonghrum’s chestnut horse Camden, by Bulletin, dam by Leviathan, 5 yea: old, 135 Ibs, and J. W. Weldon’s chestnut filly ‘Tabitha, by Tiperary, dam the Greek Slave, 4 years old, 133 lbs. Bougbrum had his horse entered under a talse pedigree, he stating that the horse was by Lexington, dam Aun Gunis, He ran this horse last year as year old, he having then just purchased him from Mr. Franklin, of Tennessee, alterations of age and pedigree 18 best known to himselt, but 1t seems that there should be the punishment of raling off map and horse for all such attempts at deception, The horse tell down yy Mr. Boughrum’s scheme. Tabitha also fell, leaving the race to be decided by Impecunious and Vesuvius, The former won by @ length. The bet- ting previous to the start was heavy on Vesuvius as favorite, Tabitha being second choice, Impecu- nious and Camden selliug very low. ‘Iwo of the sales Will give an idea o1 the state of the odds:— Vesuvius, $140; Tabitha, $50; Impecunious, $27; Camden, $15. Another—Vesuvius, $260; Tabitha, $105; Impecunious, $40; Camden, $27. ‘The following are the details of the racing as it came off:— THE FIRST RACE, “Kadi sprang off with tne lead, Quits second, times they have to be whipped frum the horses’ heads by the driver, The barking of dogs, the crowing of cocks and the busy hum of muititudi- nous insect life, hardly definite on terra jirma, is heard up here with peculiar distinctness. The | track lies below, belted round with trees and Jarmnhouses, groves of oak, hickory and birch, and cleared spaces of open land. ‘the track itseif from such a height appears a wide ribbon of dust and wooden fence, in the pbs pe of an isosceles triangle with the corners rounded of. A look at the field within the fence discioses great streaks of stunted and famished grass, dried by | the August sun, with here and there oases of | green herbage, and around these green spots are gathered open carriages coutaining merry parties ‘O! ladies and their attendant cavalters, who devour | lunches and drink choice wines with zestiul rapid- ity, And ever and ever comes the antiring chant ‘of the pool seller—“How much am I bid for Quits?” “What’ll you give me for Frank?” IN THE CLUB HOUSE PARLOR, Taking a stroll downward through the Club House it is noticeable that within an hour the scene has become enlivened by the presence of beautiful women, handsomely dressed, who saun- ter around and seat themselves on the piazzas to listen to the strains of “Der Schinen Blauen Dovau” played by the immense orchestrion in the Parlor. Jn the main parlor, which {s richly car- peted, there is an oil painting of Goldsmith Maid and underneath the painting a magnificent piano, Whose melodious tones are being expounded by a very pretty giri, a Brooklyn belle, in black and | ‘white silk dress and wearinga white silk favor in her nicely looped up hair. ‘to those who nave a literary taste, there is ample accommodation on tne marble tables in the parlor, tor the writer found spread a natural history in monthly parts, and in addition a history of the world, which con- ene @ hilarious engraving of the battie of Buena ta. For the gourmand there is also great encourage- ment and comfort in the views and vistas which he obtains o! udjoining saloons with tables covered with white Sloth cut glass, silvery casters and snowy Dapkins. ushing hither and thither may be seen the dapper little Spanish steward Alano, who welcomés ladies and gentlemen with a caeer- ful countenance to the banquet. And all this time | the orchestrion plays steadily, and the cnant of | She pool seller, like the death song of the Indian Victim, is monotonous and interminable. THE DEATH OF GALLANT TABITHA, Spain has its bull fights and Ashantee its human hoiocausts, and the American race course has its deadly hurdle races. Yesterday a most mourntiul picture was presented at Prospect Park to the crowds who gazed with more curiosity than pity on the dying struggles of tne ‘allant four-year-old Tabitha, whose left ind leg was smashed in the attempt | ol the animal to lift itself clear of the last hurdle before reaching the judges’ stand. Four horses had been entered for the two-mile hurdle race over eigtt hurdies, and they were named | ‘Vesuvius, lmpecunious, Camden and Tabitha. Tabi- | tha alone suffered the penalty which 1s always pos- | Bible and generally probable in all hurdle races.* Camden's rider was pitched head over neels | across the horse’s neck, and he was seen plough. | Aug the dusty track with Lis nose, scarlet jacket covered with dust, and a shout arose that ne was | killed, but the lad jumped up, or rather scrambled up. gained nis ieet, and Camden, whom he had so lately bestrode, ran off with that mstinct that | always tells a horse on Such occasions that he has been doing wrong. The great crowd, whoa few moments bejore Were palpitating at heart, fearing that the jockey was kuled, cried out, “Oh, he’s all mgut, you can’t Rill a jockey..’ But how was it with poor Tavitha’ This was a | More serious accident and one to be deeply re- | retted, On the first half mile in the race the four-year-old had been doing remarkably well, and though she had soid lowest in the poos, yet people | opened their eyes when they saw her leave Cam- den, Impecunious and finally crowd abreast of the favorite Vesuvius, until it looked as if she | might win the race. But the picture changed in @ moment. A cloud of dust rose in the air across the green hedge of ahurdle. Tabitha lifted her forelegs and made her leap, and then came down | in # broken mass, here was a wild | shout of terror, The dust broke away in | Vapors and there was a picture of a lad in @ Illac jacket runuing of to the tence, while the noble animal lay there, ner lett hind leg smashed, her breast tora, her fore knees broken badly, and her flanks aud ribs rising and failing with the mo- | tion of a bellows Ihe leg Was broken off short | and low down, and it hung by a mere sured of | flesh, while the blood slowly 1ormed a pool around and between the fanks of the suffering steed. Men came and dragged the maimed carcass from ‘the track, as there Was another race announced, and Tabitha was taken and placed gently outside ol the track ona bed of dried ana parched grass, | ‘There she lay in torment, and a crowd gathered, while the horse flies came in battalions to absorb her lite blood, It is a hard thing to sec a game horse die, next to seeing a game man die; the picture of a horse on the very Heid of contest, Where he might have won, lying in agony, is asad sight. But tt was necessary to ease her trom her torments, and the eyes of Ta bitha looked up piteously, 48 much ‘as to say, “Kill me, if you care for me.” Her owner went to two or three men in the crowd connected with the stables, but they would not or had not we heart to ena the horse’s sofferings. Finally he asked astout young Irish lad named Jim Dowd 4 be wonld kilt her, “Pil try,” said Jim, “but I don’t like to do it’? “Here’s a pistol. Killher quick and put her Out of misery. That's all L ask you.” 3, 21m Dowd took tue pistol, and Tabitha looked at dim piteously for an instant, and the lad took alm, bat ne was afraid of her great, soft, mourniul eyes. He took aim again, and fired, and fired | again and again, three’ shots im ali, into the head of the horse, As the first shot was fired @ rill of blood spoutea up from the horse's head, | #nd blood came flowing in a red stream from the nostrils. The crowd widened outa little, some one crying out, “Let him have room!” and in a lew short moments the gallant Tabitha was as dead | a8 a door nail, another monument to the tolly and crime of hurdie racing. But what matters the Ps) to life and limb? No one cares, and ou next javurday they will have another hurdle race at ate a de igs es chances in tavor of ol g8 and jos! le. Tavitha wi h about $050. shiny tial ide | THE RACING, The sport yesterday was not as good as was ex. pecied, Four events were on the card, out only two of them were races.-the other two being a fore | Frank third. They ran rapidly up tne | on even terms with the gelding at the hall-mile | vius second, Impecunious third, | Deck the best of it, and he was the first to rise for | Spot where Tabitha and her jockey, Cooney, | Sept. Columbia, 4 years old iitgan) . sseseeee 2 | D. McCorm’s g. c. Prank, ‘by Engineer, dam by old (Donahue)... 3 jomestretch, andas the horses passed the stand Kadi was leading a length and a nalf, Quits second, two lengths in advance of Frank. Going around the | upper turn Kadt showed daylight between himself | and the filly. the latter being three lengths in ad- | vance of Frauk. Going along the backstretch Quits ciosed up to Kadi’s sadale girth, but she was | soon shaken off. She made another attempt to get | pole, but was unsuccessful. Going along the home- stretch Lo the three-quarter pole she closed up the | daylight, and as she swung into the homestretch she Was at his flanks. Coming up the homestretch she was urged to her utmost, but could not reach Kadi, ana he came home a winner by a length and andahal. Frank was ten lengths betind. ‘time, THE HURDLE RACE. Impecunious was first away, Camden second, Tabitua tnird, Vesuvius fourth, Tabitha sprung away from the others as she approached tne first hurdle, waich was stationed immediately in tront of the club house, and cleared it pretuly, Vesu- jamden fourth. Kunning around the upper turn Vesuvius went to the front and showed the way to the second hurdle, which was placed just beyond the oarter pole. When the jumps touk place three of the horses were lapped, Vesuvius bejng hal: @ length in front oi Tabitha, the Mily being a neck ahead oi Impe- cunious, tue latter six lengths in advance of Cam- den. ‘The leading trio raced down the backstretch nose and tail, with a little daysight visible, passing the halt mile in that way. Going to the third hurdie, which was just at the entrance of the lower stretch, Tabitha rushed to the front, and with two lengths the best of it, jJamped tne hurdle, but she jell after landing, With a broken near hind leg, the injury having probaoly occurred by striking the purdle, which she knocked down. Impecunious was second, Vesuvius third, Camden jourth. It was asserted by some that one of the borses—either Camden or ‘esuyius—jumped on the fallen filly and broke her Jeg while she was on the ground, ‘This may be so, but her rider was so stunned by the {all that ne could not tell anything acout the accident, Vesuvius and Impecunious ran on close together three or four lengths in front of Camden, and when they passed the three-quarter pole Impe- cunious was leading three lengths, Vesuvins sec- | ond, four lengths in front of Camden. The fourth hurdle was about midway of the homestreten, | and the horses passed over it nicely, Im- | | | pecunious leading, Vesuvius second, Camden third, At the stand Impecunious led two lengths, Vesuvius second, three lengths ahead of Camden. When they passed over the fifth hurdic Impecu- nivus jumped wide and swerved so mucn to the | right that Vesuvius passed him. When Camden jumped the hurdle he struck the top rall aud went | heels oveifuead, giving bis rider a burster on the | dusty track, and that finished the race for bim and his owner, who entered the horse with w false | pedigree. Vesuvius continued to lead to the sixth | hurdie by two lengths, when, both getting over the brush saiely, they ran rapidly to the next one, Im- Pecunious ' gaining on Vesuvius at every stride, The seventh hurdle had been | knocked down by Tabitha at the time sne jell and there was no jumping to ve done there, and on the two bay geidings raced side and side past the three-quarter pole and into the homestretch, Impecunious’ jockey plying the whip most vigorously all the way. When tne | horses entered the homestretch Vesuvius had a the Jump atthe last hurdle, and landed on the other side of it rst, but his Jockey lost his seat and went overon the horse’s neck, and by the | time he recovered his seat in the saddle the race was lost, as Impecunious had straightened himself after the jump and was leading under whip ana spur. Impecunious passed under the string a win- ner Oj the race bya length, amid the loudest cheers that have been given un the track for years. Time of the two miles, 3:56. When the race was over we looked in the direction of the jel. ‘The rider was being carried away on the back of a colored man and tne poor filly was standing by the side of the track holding up her near hindleg. We soon learned that the leg was broken just above the ankie and there was no chance of ever mending it, and shortly aiterward she was shot where she stood. Camden was not hurt by his fall, and the only injury his jockey re- | ceived was to his clothes. And the second day of the annual meeting of | the Prospect Park Fair Grounds Association was over. The third and last day’s racing will take | place on Saturday next, ‘The following are the summaries :— The First Race. PARK FAIR GROUNDS ASSOCIATION, ‘Trial purse $300, for all ages; entrance money to second horse; one mile and @ quarter, STARTERS, M. H. Sanford’s b. g. Kadi, by Lexington, dam Katona, § years old (Hayward)............0. 1 L. A. Hitchcock's ch. f, Quits, by Eclipse, dam PRrosrect Governor Wicklite, 4 yea Time, 2:12, The Second Race, Prospect PARK Cup.—Two and one-quarter miles; winners of Westchester, Monmouth or Saratoga Cup 7 Ibs. exira; $100 entranee, half forfeit, with $500 added by the association, Closed with six nominations, STARTERS, M. H. Sanford’s br. b, Mate, by Anstralian, dam Mattie Gross, 5 years old........ We Oe The Third Race, Samp Day.—Matcn $200, half-mile heats, each to carry 100 Ibs. Geo, Ayres named ch. ¢. Krastus Corning, Lie Lightmiog, dam Nora Creina, 8 years ol Win, Sinitii aiid’ ¢ Planet, dam Alvine.. The Fourth Rage. HURDLE Hanpicar.—Parse $600, of which $160 to second horse; two miles over eight hurdles, STARTERS, Jas. S, Cattanach’s b, g. Impecuntous, oy ‘Tipperary, dam Lucy Fowler, 6 years old, 139 Tbs. (Slattery) . Wedesebb ad vsieUvavedrbes M. J. Tully's 0. g. Vesuvius, oy, Vandyke, dam Lizate Berry, aged, 141 Ibs, (Midgeley)........ J. W. Weldon’s ch. f. Tabitha, by Tipperary, dam The Greek Slave, 4 years old, 133 bs, (COONEY). .essees sieeseseseveeses 90 J. Brongham’s ch. bh, Camden, by Bulletin, dam by Leviathan, 6 years old, 185 lbs (W. Bishop). *0 ‘Tune, 3:56 4. *Fell down at the hurdles, g. General York, by seeeceee DG fe | half-mile pole was reached when , from her hind leg. | J. Woodruil’s g. g. Royal George. NEW YURK HERALD, THURSDAY, SEPTEMBER 10, 1874. BUFFALO RUNNING RACES. The Second Day’s Sport—Madge the Winner of the Sweepstakes, Spendthrift of the Second Contest and Lizzic Lucas of the Handicap Race. BUFFALO, N. Y., Sept. 9, 1874. The second day of the running races at Buffalo Park was favored with delightful weather. The attendance was about the same as the first day. The horses were called shortly aiter three o'clock. THE FIRST RACB was @ sweepstakes ior three-year-olds, Five horses were nominated and three started, Josie B. and Helen Bennett being drawn. The horses got away in good style, Madge holding tne inside, Culpepper second position and Vortex third. This order was soon reversed, Vortex leading around the turn, Culpepper second and Madge last. At the half-mile pole papeppes drew to the front and led to the backstretch, when Madge drew to the front again and led on the homestretch by a length, making the mile in 1:49 and Winning the race in 3:38!, Culpepper second and Vortex third. Previous to tle race Madge 80id in the pools for $110, Culpepper $95 and Vor- tex $30. The race was hotly contested, SUMMARY, First Racs,—Sweepstukes for three-year-olds, $100 each, half forfeit, with $700 added; second horse to receive $150 out of the stakes; winners of any three-year-old stakes amounting to $160 to carry 7 ibs. extra; two miles. D. McDaniel’s ch, f. Madge, by Australian, out of Alabama by Brown Dick, 107 1 . H. Gaffoey’s b, c, Culpepper, by Revolver, out of Gentle Annie. 117 lbs... George H. Rice’s b. g. Vortex, by Vandal, out of Blondin, by Commodore, 110 lbs... ... Time, 3:3834, THE SECOND RACE. Second race for all ages, one mile and a quar- ter, called at four o’clock; eight horses nomina- ted, six started; Major Macon and Mary Buckley drawn. Atthestart Mattie W. and Seratch ran vogether to the first arian at the half Lariy Hart passed Scratch, com! Oe up to Mattie W.; at the three-quarter, Mattie W. was two lengths ahead, aud Spendthrift second position, running away from rry Hart and Scratch on the home- stretch, Spendthrift came in first by three jengths, king the mile in 1:44 and winning the heat in ; Larry Hart second, and Matile W. third. William Jennings, the owner of Larry Hart, at the close of the race, claimed Spendtnrift for $1,500, ‘Yhe owner grumbled, but was obliged to succump, SUMMARY. Second race—Purse $500; claiming race, for all a horses entered to be sold for $3,000, to carry t appropriate weights; for $2,000, allowed 7 Ibs. ; for $1,500, allowed 12 lbs. ; for $1,000, allowed 16 lbs; second horse to receive $100; one mile and &@ quarter. T. W. Simgon’s ch.c. Spendrift, 6 years old, $1,500, by Bonnie Scotland, di: by Wagner, 106 Ibs soe 2 William . y J $2,000, by Pianet, out of Nora, by imp. ereign, 88 lbs 2 D. McDaniel’s b. f. . 1, $1,000, by Red Dick, out of Ettie Shippen, 77 1bs...... 3 H. McGaffney’s b, c. Scratch, 3 years old, $1,500, by Kentucky, out of Fluke, 83 lbs. vores @ G. W. Rice’s ch. m., 4 years old, $1, vy imp, Australian, dam Red Rose, by imp. Glencoe, 90 ibs. 0 T. M. Pende) nA 3 Tar River, dam unknown, 103 Ibs.... i) Time, 2:10. THE THIRD RACE on the programme was the Buffalo handicap sweepstakes for all ages, Four horses were nominated; three started, Culpepper being drawn. ‘This proved the most exciting race of the day. The horses had a fine start, Lizzle Lucas having the inside, Katie Pease second position and Madge outside, At the start Lizzie Lucas took the lead, tollowed closely by Katie Pease, Madge a length behind. At the half-mile pole Lizzie and Katie lapped and maintained that position to the home- stretch, when Katie drew ahead until the second the same lapped condition was obtained. After passing the second half mile Katie Pease again drew ahead and came in a length ahead of Lizzie Lucas. A foul was claimed by Katle Pease cutting into Lizzie at the last ball-mile pole, drawing the blood | Aiter @ careful hearin yace was given to Lizzie Lucas. ‘Time, ae time is unequalled on any turf save by ue. SUMMARY, THIRD Race.— Buffalo handicap sweepstakes for all ages, $100 each, half forfeit,.and only $20 if de- clared, with $700 adaed, second horse to save his stake and receive money fur declarations; two mules. d. Donahue’s gr. f. Lizzie Lucas, 3 years, by Aus- tralian, out of Eagiess, 105 lbs. D. McDaniel’s ch. f. Madge, by of Alabama, by Brown Dick, 83 Ibs A. Gage’s ch. 1. Katie Pease, 4 years, out of Minnie Mansfield, 105 lbs Time, 3:32. THE CLOSING DAY. Three races are set down for the closing day, to-morrow, viz.:—Handicap hurdle race, sweep- stakes jor two-year-olds and Buffalo cup of $1,000 added to sweepstakes. BEACON PARK RACES. Fe FERRE LOSI Boston, Sept. 9, 1874. The Beacon Park fall meeting was continued to- day, with a largely increased attendance of spec-. tators. There were two races on the programme, and In both the favorites were badly beaten. In the 2:38 class there were but six starters, and the knowing ones backed Howell as the favorite at $78, Bella $28, Reserve $15 and the field $s. Royal poe yee won the first heat, Howell took the second and Bella the last three, The 2:28 race was one of the best and most hotly contested ever trotted over this track. There were nine starters, and before the first heat Everett Ray was the favorite, selling at $100, Commodore $45, Parkis’ Abdallah $18 and the field $15. The stallion Phil Sheridan won the first heat, Commodore the second, Music the third, and the last two were won by Commodore, SUMMARY. BEACON PARK, Sept. 9.—Purse of $2,000, for horses that have never beaten 2:38; mile heats; best three in five, in harness W. L, Simons’ b. m. Bella....... B. Maco’s br. g. James Howell. J. McKean’s br. g. Reserve... J. M. Moore’s br. m. Effie Deang. D. Cet bik. g. Arthur. hime, 2 2:32, never beaten 2:28; mile heats, best three in five, in harness :— J. Fitche’s b. g. Commodore. “41611 W. C. Trimble's b. m. Music 3 182 J. R. Farnham’s bik. 8. Phil 1435 6 R. Armstrong’s ch, m. Mollie Morris.. 2 2 2 2 5 J. A, Batchelder’s b. g. John H... 6344 J. 8. Parkis’ b. 8, Abdallah...., 578 68 J. 0. Eckerson’s b. & Everett Raj 985 34 . Ferguson’s b. g. Frank Ferguson.. 8 6 7 7 7 }. H. Batley’s b. g. Gaeppess Koapp.. 7 9 ar. IME, First heat... Second heat. 37 Third heat 36 Fourth hea 2 Fitth heat. 36 THE NATIONAL GAME, Chicago's Gikue sen pers the War Path, But They Fail to Take Any * Scalps. The wonderful ‘giants of the base ball fra- ternity”—the Chicago White Stockings—put in an appearance on the Union Grounds again yesterday afternoon, and proceeded to go for the scalps of the unfortunate Atlantics, but so far from “lifting any hair’ they were themselves taken into camp, in @ way they despise, but are nevertheless ac- customed to. Tosay the game yesterday was a complete and an unmitigated swindle upon the spectators but feebly expresses the condition of things ana the style of play. From first to last it was a mufing affair and would certainly have disgraced any two amateur mines | could any be found sumMciently versed in the method of +how not to doit.’ ‘The school boys who assemble at the Park can and do play inuinttely better than did either the Atiantics or the “Giants,” and, what 1s more, it don’t cost fifty cents to sce them do it either. The betting men wagered their money at odds of 1000 50 that the wonderful ball tossers irom the West would win the game, and twice these | “Giants” had the game in their hands and twice they threw it away. Cnthbert, Force, Peters and Devin vied with each other im the mufing busi- ness, although at times Force played finely. On the Atlantic side Fleet, Chapman and Kesseler struggled hard for the supremacy in the line of errors, and althougn Fleet made the greatest number, still the cup’? was awarded to Chapman, whose muffs were of the meanest possible order. What Fleet missed in fielding he made up in bat- ting, hitting Zettlein for three first bases, The score follows :— curcago Grants. ATLANTIC. RAB.PO.A.E Players, 1B.PO.AE 013 0 2 Chapman,r.t.2 10 1 2 2672 CY Oo a | 020 21 Ferguson, Sb. 3 13 2 0 2.12.0 Fleet, ab -@3 1265 O11 9 1 Bona, p. 123300 120 0 Debima: rikoed 110 1 Clack, . 10000 11 € 2 Kesseler, 0503 20 0 0 Knowdell, Li. 0 1 100 10271310 Totala....... Mua w INNINGS, Clubs. Tet, 24, Bd, 4th, HA GL TUR, 8th, 9. Chicago Giants.2° 05 0° 0 0° 0 OH9 Atlantic .. 0 0 8 0 8 AL . 5 Le O—1 Buns carned—By the Giants, 0; by the Atlantics, %. Frings base by errors of opponent—Giants, 3; Atlan. cs, Time of game—Two honr: Umpire=Mr. William Mo an, of Philadelphia. Return of the Roston and Athletic Cliabs | from Europe. PHILADELPHIA, Sept. 9, 1974. The friends of the Athletic cinb started down | Purse of $3,000 for horses that have | | intentions, sir,” said counsel. ‘te river this morning in the tug George W. Childs to meet the steamship Abbotsford and welcome the returning Boston and Athletic clubs from their European trip. The two clubs will ve entertained to-night, and to-morrow they will have @ reception game on the grounds of the Athletics, B Ball Notes. Tue Boston and Athletic nines having arrived yesterday will playa grand championship match this afternoon in Philadelphia. In Baltimore the Mutuals play the Baitimoreans, and at fiartfora the wonderul Chicago Giants play the Hartiords. Seibert will sell pools on all these games at No. | 161 Bowery. The Nameless-Arlington mateb, second nines, which was announced to come off on the Capito- line grounds to-morrow has been postponed. CANCAN. Captain Williams Descent Upon the Metropolitan Mabille—Examination Before Judge Morgan and Dismissal of the Complaint, When, a few evenings since, Captain Willtams, of the Eighth precinct, and a posse of his men made a@ descent on the Metropoiitan Theatre, on | Broadway, took prisoners the proprietor, the musicians, the dancers and the stage carpenter. marched them to the station house and locked most of them up for the night, he probably thought that he had put an effectuai estopple on the artistic evolutions of the cancan at the terpsi- chorean caravansary. The details of the arrest | and subsequent disposition of the prisoners at the Jefferson Market Police Court, where they were taken for examination, were given in full at the tame in the HERALD. Meantime the performances have been given nightly as usual, Mr. Samuel Snapter, the proprietor, awaiting a fuller investi- gation upon the specifications embodied in the complaint of Captain Williams. This examination took place at two o'clock P. M. yesterday, before Judge Morgan, at the Tombs. There was quite a crowd in attendance, expecting that the fair bal- let troupe would be present in all their abbrevi- ated finery; but not a ballet girl or @ semblance of one was to be seen, and the result was @ speedy thinning out of the spectators, However, Mr. Shapter was there and so was Captain Williams, the custodian of | morals in the Eighth precinct; ana so, too, looking a‘ter the legal rights of the accused thes- pian manager, were his counsel, William F. Howe and Samuel G, Courtney, while Mr, Dana, of tue District Attorney’s office, was on hand and as- sumed the responsible duties of public prosecutor. After some prefatory sparring between counsel as to allowing Captain Williams to elaborate his complaint through questioning by Mr. Dana it was decided to submit Captain Williams at once to the thumbscrews of cross-examination on the com- plaint already made. Having removed his kid gloves Captain Williams walked up to the witness stand with an air of self-con- fidence, listened semi-listlessly to the recital of the oath, kissed the Bible daintily and proceeded to tell what he knew of the immoralities of the cancan, He said, in the first place, that numer- ous complaints had been made against the theatre, but he could not specify the name of a single person, He then said he had received in- structions to make the descent, but it turned out that no such instructions were given to any of the Police Commissioners, but that the nearest approach to it was his naving heard Superintendent Walling Say some weeks ago that the place ought to be broken is Finally the Eighth precinct blotter | | was produced containing a record of the names of the parties arrested. This record showed the arrest. of twenty-seven persons, including tne proprietor, the treasurer, seven Italian musicians, the stage carpenter and nineteen ballet girls. He contessed that he had no warrant tor the ar- rest of the musicians and yet Jor all that he arrested them, marched them through the streets a8 prisoners and took them to the station house | Where he subsequently, upon magisterial author- | ity of his own assumption, discharged them, A QUESTION OF LAW. | “Upon what law did you discharge them?” asked | Mr. Howe, | “My own law.” “Oh, this is Captain Williams’ law, then, is it?” “No, sir, it’s New York State law.” “There is no such law, sir.’” “Yes, there is,” said Captain Williams, defiantly. “See the insoleuce of tnis iellow,” said counsel | Sharply los gat the Judge. “He could bully the Board of @ducation, but 1 submit he must behave Dimself 10 court.’” I DID, 80 1 DID. Why he arrested the stage carpenter was one of the amusing episodes of the examination. “What was the stage catpeuter doing?” queried Mr, Howe. ‘He was doing nothing.” ‘And yet you arrested him?” “Of course I did.” “Well, what lor if he was doing nothing?” “Why he was behind the scenes.” “And lor this you arrested nim‘? “1 did.’? “Abd you took him tnrough the public streets as @ prisoner ?”” “I did.?? And you locked him up in the station house alt | ; Mighcr? | “and the next morning you preferred a charge | of habe conduct against him 7” | “tdid.’ “And the police magistrate discharged him?? “He did.” WHAT HE WOULD HAVE DONE. Taking the case of the carpenter, as above | recited, as a text, Mr. Howe insisted that Captain Williams had far exceeded his authority in his arrests. and rendered himself liable to indict- ment, After characterizing him as an illiterate | and despotic police captain and giving his reputa- | thon as that of “tue brute of the police torce,” he | was asked to explain the nature of the warrants | on which the arrests were made. “I considered all who took part in the perform- ance as disorderly and immoral,” brasquciy an- | swered the Captain, \ | “Why didn’t you arrest all who were looking | on?” | “I had the will to do tt,” sald the witness promptly. “the public will not fail to appreciate your good CAPTAIN WILLIAMS AS AN AESTHETIC ARTIST. To give in fuil Captain Williams’ views o1 the | cancan, trom his wsthetic standpoimt, would oc- cupy too nmuch space. He undertook to illustrate the pirouetting, out made rather a iailure of this. | The gist of it when simmerea down was that the girls, for what he couid tell to the contrary, wore flesh ughts, that the dancing was artistic, but the | poses the “Black Crook” a little intensified. | There was nothing occurring bringing the place within the statutory definition of a disorderly house. He had never been to a full dress vali, | | and knew nothing ot the costumes prescribed by | ; Jashion, He had never seen “Pygmalion,” at | Wallack’s, Lizzie Weston ag “Oberon,” or Powers’ “Greek Slave,’’ or “Eve at the Fountain.” SHS FURTHER TESTIMONY, Several officers of the Eighth precinct were ex- almined, and in turn give their views of tne can- can, which accorded very harmoniously with those oi their Captain. Some citizens were also called on the part of the prosecution, but the rigid cross examinations to which they were subjected nar- rowed their testimony down to a very brie limit. A motion was next made to dismiss the com- | plaint, which was argued at some length. On the one hand it was contended that the cancan was decidedly immoral, and on the other it was insisted vo be an exhibition o: refined art, Judge Morgan deciaed that there was nothing upon which to | hold Mr. Shapter and ordered the dismissal of the complaint. And the cancan still lives, REAL ESTATE. ‘The only features in the real estate market yes- terday at the Exchange Salesroom were the three following legal sales :--Messra, A. J. Bleecker, Son & White, by order of the Surrogate, soid the estate of the late Hippolite E. RimMard, comprising the premises No, 46 West Forty-flith street, east of Sixth avenue; Mr. William Kennelly, by order of the Supreme Court, in foreclosure, under the di- rection of T, H. Landon, referee, a house and lot situated on 124th street, between Stxth ana | Seventh avenues, and Messrs. Allen, Dooley & Henriques sold, by the same order, under the di- rection of Tnomas Henry, reteree,a tenement house with lot located on Thirty-second street, west of First avenue. On the premises yesterd: at Bast Orange, N. J., Messrs. A. D. Mellick, Jr. Brother soid at public auction the residence of Julius Molter and several butiding lots. The bid- ding was spirited and the amount realized was $11,651 25, Annexed are the full particulars of the above sales:— NEW YORK PROPERTY—BY NLERCKER, SON & Witte, 138, DK. and 1. No. 46 W. 45th 360 ft. 6, Of Oth wv. ; lot 30x100.5; Hi. 8, $13,400 BY WILLIAM ELLY. 124. fr. nh. and |, on n. s. 124th st., 200 ft w. of 6th av, ; lot 25x100.11; Mathew D. ae BY ALLEN, DOOLEY & MEXRIQUES, ment h. and i, 8. 8 32d at. 278 ft. we ; lot 26x44 block; Wm. F. Reilly, pif... 9,700 NKW JRESEY PROPERTY AT MAST ORANGK—BY 4. D. MEL- | LICK, JR,, & BRO. Residence and plot corner Prospect st. and Marcy av. ; plot &.4x208.5, with an L; George Booth. 600 | Plot’, on Prospect st, 76x150 . 28) | Blot G; ou Marcy av., doxiss: ii + 60 it ¥ AV. 8x15; G, W, Butterworth... 1,105 Butterworth... "730 Hamp ie 48 p, A. Byfield i C. A. Bytek 275 | . WOXLS9 1 BONIS GW. Bond. V.. GOX15); John Hyde... 2 2k Ob Marey ay., wUs180; C. AvbleWwis Ja Py 2H | cuting officer, to take oficial notice thereof on pro- | money | Shook and Palmer play was, a mere copy or trans- | ajury. —TRIPLE SHEET. THE COURTS. Divorce Complications—A Cu- rious Case. THE SWANN EMBEZZLEMENT. The “Two Orphans’—The Herald Paris Letter in Court. BUSINESS IN THE OTHER COURTS. The case of Waiter Gibson against G. B. Tupi- son, Postmaster in charge of station L, am United States District Attorney Bliss, the former tor maliciously destroying, by burning, @ quantity of mall matter, the postage of which, it wai stated, was prepaid, and the latter for declining, &s pros | Per representation of the same being made to him, was up yesterday before Commissioner Betts. Consiaerable evidence was taken and the further hearing adjourned over till this morning. CROSS DIVORCES. Another singular divorce suit, or rather two suits, there being cross actions, has been pending for some time in the Courts. Mrs, Dietz sued her husband in the Supreme Court for divorce on the | ground of adultery. The husband promptly | brought @ similar suit against her im the Superior 5 his door and refused to let him pass into nis room. He took hold or her, and while removing her Far- Tell rushed at him and staoved him with @ pur of gScissors, inficting a serious wound, The compiainant was contradicted upon material points, witnesses swearing thas Waters was beating Mrs. Farrell in & brutal manner, and that her husband, who is a tailor and Was working gt the time, heard the neighbors shouting to Waters not to kill tne woman, The jury promptly rendered a verdict of not guilty, Wiliam Smith and Thomas Downey, litte boys, Were tried upon an indictment charging them With entering tue store of Isaac 5. Allaire, No. 618 Water street, on the 3d of August, by breaking the chain of the skuttie on the sidewalk. The thieves took away some copper and lead pipe, which was disposed of at @ junk store in the Vicinity, The prisoners confessed their guilt to the oficer; put as the confession was obtained by & promise of leniency it was raled out, and with- Out that piece ot evidence tie jury concluded that there was not legal proof sufficient to warrant them tn convicting the boys. TOMBS POLICE COURT. The Real Estate Forgeries. Betore Judge Flammer, Yesterday morning Judge Flammer took the af™_l- davits in the case of Gardner Gerken, alias William A. Walker, who is accused, conjointly with Julians Columbani and Charies Lacia, of real estate 1or- geries to the amount of $50,000. There was nO cross-examination ou the part of the counsel for the accused. The Messrs. Young swore that the signature of Isaac Young, their lather, which was attached to the deeds was a forgery. Is Is said that Walker bas turned state’s evi- dence and that startling developments are ex- pected from his revelations, which are at present only known to the detectives, who are diigently at work on the case. ‘To give the officers of the law an opportunity to apprenend other parties implicated in tne tor- geriee Judge Flammer adjourned the case until friday. ESSEX MARKET OOURT. of Mooney’s Assailants Are rested. Another Court on @ like charge. The referee found against both and the Superior Court refused | the husband a@ decree, ‘The wife’s suit is now pending in the Supreme Court. It was argued on | the part of the husband, some days ago, that the | wile’s suit was a useless and vexatious proceed- ing, and that as the releree’s report was a record that she had been guilty of what was a bar to a | decree, her complaint against the husband ought | to be stricken out, it beiug ciear the Courts would | not grant her absolute divorce. The wife's coun- | sel argued that the referee's report was not to be | regarded as record evidence, and yesterday Judge | Donohue gave his decision in the case, embodying the same in the tollowing brie! opinion:— | “The present defendant brought ao action | im the Superior Court against the present | Plaintiff for divorce, ana she regularly ap- peared and answered, denying the charge and set- Ung up @ counter-charge. On reference, on all ‘the proofs, the referee ound both parties guilty and dismissed the complaiut, ‘the present plain- tif, then felsndent, files this bill to procure w di- vorce on the same facts as set up in her answer, adding other charges, and the present defendant | Sets up the decree of the Superior Court in bar, | and asks this Court to restrain the jurther prose- Cution of this suit. All he sets up is what is vir- | tually a plea in bar or former juagment, and I do not think, Without an authority holdirg that such | @ case will not lie, the motion should be granted. tu my judgment the facts show what would be an effectual bar, but I think 1t must ve set up and | Passed on formally by the Court, so that whatever | Dh Court takes may be reviewed. Motion ented. THE SWANN EMBEZZLEMENT. Some time since J. Swann was convicted at the | Special Sessions of embezziement gnd sentenced to the Penitentiary for one year and to pay a fine | of $200, He was brought vetore Juage Westbrook | in the Supreme Court, Chambers, on a writ of | habeas corpus sued out vy Colonel Fellows, his | counsel. The prisoner was foreman to Philetus | | Dorion & Co., the Fulton Market oyster dealers, | and, as such, entitled to collect bills for them. At three o'clock one day he collected $12,000 aue | his employers, retained the same in his pocket, was arrested at seven P. M. and the was found with him. His counsel contended that the prisoner was the lawful custo- | dian of the money, and not liable to arrest unul he nai retained tue money so long as to give evi- dence of intention to cinbezzle. It was also argued that the conviction was illegal, inasmuch as the prisoner was never instructed that he had aright to trial in the General Sessions. of facts he insisted that the bail of the prisoner should be reduced pending the appeal taken by a certiorari, Mr. Dana, of the District Attorney's , office, said in Opposition that he had been present | at the trial, and had been struck with the remark- | abl@ carefuiness exercised by the justices in trying this’case, and briefly recited the lacts going to show that the defendant had been in the habit of embezzling his employer's money, and bad allen into a trap set to detect him, on which the judges had found him guilty. Papers, reserving his decision. THE “TWO ORPHANS.” The Herald’s Paris Letter in Court. Cheever vs. Thorne.—This case came up yester- day betore Judge Spaulding, in Marine Court, Part Il. lessee and manager of Niblo’s Garden Theatre, The plaintiff claims that he, in conjunction with Mr. HERALD’s Paris Leiter, which gave the plot and | leading incidents 01 a play then hewly produced in | Puris, entitied “Les deux Orpnéins.” Alter tke Jendant and Mr. Johnston accepting the terms, to periorm the piece with his company, and to pay for the right todo so $10 a night. The piece was copyrighted by Cheever and Jonnston. Posters, in the usual way, announced that on a certain night «The Two Orphans’? would be produced. In the meantime, however, Mr. thorne was informed ‘hat Shook and Palmer were the purchasers of the translation of the original play, and that they alone had the right to the title and to the piay itself, The plaintiffs, however, claimed that their production was entirely localized and not the original play, which they had never seen in print or otherwise; that they had conceived and written the play from the sketch given in the lecter of the Paris correspondent of the New Yor HERALD, and that so rar {rom it being, as the | | lation of the Paris piece, 1t was entirely their own | work. An injunction to restrain Mr. Thorne from producing it was served upon him. the order of the Court or tatl to open his theatre as announced.” On the assurances of the plain- duced the piece for eight nights, and it was tor the amount of the contract for that time, at $10 a re- presentation, thas the action was brought to re- cover $80. ‘The case was tried by consent without Judge Spaulding reserved his judgment in thie case. ‘ BUSINESS IN THE OTHER COURTS. | MARINE OOURT—PART L Decisions. Before Judge Gross. Ferdinand Mayer vs, The Mayor, &c., of New York.—This was an action to recover value of goods and merchandise allowed to the Depart- ment of Charities and Correction. rendered tn favor of the plaintiff for $854 77, costs Judge Westbrook took the | The defendant is Mr. Charles L. Thorne, | Robert Jobnston, produced the drama “The Two | Ys. John Shi Orphans,” taking the groundwork thereof fromthe | Famund Hanschild, forgery; tis that this drama was their own work, he pro- | vant or frivolous. | motion denied without costs, Judgment | pong, Before Judge Otterbourg. Yesterday Oificer Little, of the Seventeenth pre- cinct, took Jonn Coyle to the bedside oi Michael Mooney, who was brutally assaulted by a gang of ruMans on the 2d oi September, and 18 now Ja 4 posed to be dying. Mooney fully identified Coyle as the man who handed Reddy the knile with which the wounds were inflicted. Carrying Concealed Weapons, John Nugent yesterday appeared beiore Judge Otterbourg aud charged Frank Farre!l with hav- ing assaulted him with a billy in August last on an excursion boss in the East River, Farreil resides at No, 334 Fifth street, aud says he is a bottler of champagne, He was held for carrying concealed Weapons in $1,000 bail to answer, FIFTY-SEVENTH STREET POLICE OOURT. A Father Selling His Child. Betore Judge Smith. Peter Hollick, of Canal street, and Charles Dineer, of No. 705 Ninth avenue, were arraigned by Officers Brett and McDermott, of the Twenty second precinct. The charge against them was a terrible one, if trac, and there is no reason to doubt its veracity. Lina Dinser, aged thirteen, daughter of one of the prisoners, testified that on Tuesday night Hol- luck came home with her father, who asked her if she would like to live with Hollick, if he sent her to schocl and gave her nice clothes, Sne said she would, 4nd it Was there and then agreed upon be- tween her lather and Hollick that sue was to go that pight. While waiting foran Eighth avenue car, to go down town, the officers named arrested the party and took them to the station house, Henry Voehllinge’, who. keeps a luger beer sa- loon corner of Forty-seventh street and Niuth ave- nue, testified that the prisoners were in his place on Tuesday evening; he knows Hollick to be the keeper of a house of prostitution in Canal street ana charges that whtie Hollick and Dinser were in his place, they bargained for the sale to Hollick of the coud Lina. ‘hey were committed for trial in default of bail. Dinser claims ‘to have acted solely for the interest of his daughter, not knowing the character of Hol lick’s place, Who represented bimseif as be.ng childiess and desirous of adopting an heir, The Libby Doris Case Again. The examination in the case of Rovert Grey, alias James Thompson, implicated tn the alleged | robbery in a panel house of Drake S. Aunon by Libby Dorig, came up at this Court yesterday, The Upon this state | testimony taken contained no important pointe, | COURT CALENDABS—THIS DAY. | SUPREME CoURT—CHAmMBERS—Held by Judge | Westbrook.—Nos. 23, 44, 50, 67, 82, 121, 1 | . MARINE CoURT—TRIAL TERM—Part ry | Judge Gross, —Nos. 8, 190, 565, 106, 107, 108, 169, 111, | 118, 125, 118, 1: 22,123. Part 2—Adjourned (pages as 247, 250, 258, 59, 142, 351, 355, 349, Nos, 2, y 142, 351, 355, 349, 389, 636, 718, 872, 124. COURT OF GENERAL SESsIONS—Held by Judge Sutherland.—rhe People vs, Frank Russell, rob- bery; Same vs. Charles Williams, telonious assault and battery ; Same vs. Francis McEntee, do. ; Same vs. Peter J. Walsh, burglary; Same ve. William Beale, do.; Same vs. Jonn Woltz and James McGuire, do.; Sume vs, Edward Jackson and | George ‘thompson, do.; Same vs. George Marsnail, grand larceny; Same vs. Charies BH. Knight, do. Same vs. Frank Kratzer, do.; Same vs, Willtal | Burke, do. ; Same vs. Racoel Boogey, do.; Same va. Kobert Fitzgeraid, do.; Same "vs. Catharine McGuire, do.; Same vs. Bridget Hyne, do.; Same » petit larceny; Same vs. Albert Morasky, do.; Same vs. Julius L. Mendelsohn and Same vs. Mary Sweeny, abduction; Same vs. Abner W. Spooner, false pretences ; Same vs. Henry Luetson, larceny; usual negotiations, Mr. Thorne agreed, the de- | janiobBhaw toe Beate) mudeniemnves Seuyelvls BROOKLYN COURTS. SUPREME OOURT, Decisions. By Judge Pratt. S, Zeimer vs. 8. K. Frazier.—Motion: to consoll- date actions granted. No costs, Lyman Cook vs. H. Van Alst.—Report confirmed and judgment of partition. Queens, H. Lovejoy vs. E. Hallam.—Order appointing a receiver. Knickerbocker Life Insurance Company vs.C. A. Hill (five cases).—Motion to settle issues denied. Motion for receiver granted. Ten dollars costs. Henry Ebiers vs. M. Vassar et al.—Motion granted and stay continued pending suit, Tea He was ina " | dilemma. As ne testified, he “must either disobey | “Jars costs John Percy vs. William L. Whiting.—No com- Platut being submitted, it is impossibie for me to decermine what wuatters in sald answer are irrele- Again, the platotif is not pre- Judiced by a denial o: this motion, a8 the detects ocompiained of can be taken advantage of at the trial. The motion is therefore dented. L. FE. Holdridge vs. C. B. Stewart.—Motion de- Ried without costs. Dutchess, F, A. Schroeder vs. A. D. Ruggles. —Motion to set agide judgment denied, with $10 costs, ©. A. Boyce ys. 5. C. Barr,—Motion granted, un- less aefendent serves new answer apd pays $10 costs within teu days. If conditions coer ies with, Richmond. N. H. Ouell vs. Isaac Haddock et al.—Motion to confirm report deuied, and proceedings sent back to reieree with insiruction to take such evidence as the parties may ouer touching the ciaim of H. L, Haddock, and’report the same with all speed to this Court Westchester. 5 H. McGee vs. B. Wood. —Motion granted on de- jant’s paring, $25 costs; otherwise aenied. . A. Sheitield vs. J, M. Pendleton.—Motion and allowance of $25. Same vs. same.—In a similar action. Juagment for plaintiff for $651 28, costs and similar allow- ance. for $207, costs and allowance. Budlong vs. Griffen.—Judgment for plaintiff for $85 67, costs, &c. MARINE COURT—CHAMBERS, Decisions, By Judge Joachimsen, Ringle vs. Moore.—Bail reduced to $100, Solomon vs. Lowenthal.—Motion to amend sum- mons granted. Plage vs. Murphy.—Demurrer sustained, Wickham vs. Haviland.—Motion to vacate at- Ryan vs. ‘Motion for leave to file sup- plemental answer denied. By Judge Spaulaing. Leazynsky vs. Maycock.—Motion granted, with $10 costs. OOUBT OF GENERAL SESSIONS, Alleged Burglary. Before Judge Sutherland. In this Court yesterday Michael Kenny and £d- ward McDonald were placed on triai, charged | With breaking into the premises of Hugh H. Han- nan, No, 46 Thomas street, on the 9th of June, and stealing $70 in Money from the drawer. As there Was an important witness absent the case was Mot concluded, Petit Larceny. Henry Sloan, who was charged on the 22d of July With stealing $1 90 from the person of Ann Graham, while she was walking in South Fifth avenue, Pleaded gulity to petit larceny. He was sent to the Penitentiary for six months, Acquittals, John Farrell was tried upon a charge of feloni- Ous assault and battery, the complainant being Martin Waters, Who occupied @ room in the tene- mont house No. 113 Mulberry street. He awore that @ Woman, Who proved to be the Wtle of the prisoner, On the 11th of Augusy was eitiing nocar Hail vs, Beckenbaugh.—Judgment for plaintit | | | gTanted and injunction continued, on plaimtit's | Stipulating to try cause on thira Monday of Sep- tember Inst. Hiram Knapp vs, Thomas West.—Motion ma and receiver continued, with $10 costs. ockland, | An Important Case to Commercial Men. i Before Judge Pratt. | Yesterday Judye Pratt rendered a decision in a | most important case involving the question— “Can a judgment creditor after having accepted a compromise levy an execution for the balance of the judgment?” The case is # follows:—In 1871 and 1872 Henry Ehlers and Henry Tonner were partners, under the frm name of Henry Enters & Co, The firm incurred an indebtedness with M. Vassac & Co, doing business at No. 116 Warren street, New York city. In the iy part of 1872 the firm of HM. Ehiers & Co. dissolved, and at the time of their dissolution were insolvent. In May, 1872, a judgment for $816 was rendered against H. Ehlers & Co. in favor of Vassar & Co., and thereaiter, and in March, 1874, Henry Tonner, of the firm of H. Ehlers & Co., entered into a settlement with Messrs, Vas- sar & Co., and obtained from them a@ receipt in full of the judgment against H. Ehlers & Co,, giv- ing in payment theretor $250 in money and his in- dividual notes for $150. Subsequently Kblers en- tered into @ new partnership with Mr. Henry Ohiand, on Commerce et, in this city, The Sheriff now appears on ie with an execu- tion issued out of the M art of New York, and on the old judgment of Messrs, Vassar & Co., and levies upon Mr. Ehlers’ interost in the new firm. Mr, Shorter, the counsel for Ehlers, immediate! moved, in the Marine Court, to have the judgment! | Set aside and vacaied, but Justice Joachimsen de- | cided that @ payment of $400 could not in law satisfy a judgment of $00, Mr. Shorter then | brought @ suit in equity, in the Supreine Court, ‘ainst M. Vassar & Co., to compel them to give & | satisiaction of the Judgment, ana applied to Jus~ tice Pratt for an order staying the Marine Court Judgment until the devermination of tie equity cause. On Monday Judge Pratt heard the argument io the case, and yesterday rendered his decision i favor of Mr, Khiers, the pla:ntif, with $10 costs @ | motion. 23, ‘Part 8—Hield by Judge Mcadam,— @