The New York Herald Newspaper, November 11, 1874, Page 4

4 “PHE COURTS. Mayor Havemeyer’s Raid on Night Auctions. Important Decision in the Taylor Will Case. A CUSTOM ROUSE SUIT. Proceedings in the Oyer and Terminer and General Sessions. Commissioner John A, Shields has received sev- eral applications to take testimony regarding | claims to be presented to the Court of Commis- stoners on Alabama claims. In the United States District Court, ter of Horace Brooks, assiguee in batkruptey of Adoiphus D’Orville, Judge Biatenford rencered yesterday # decision. tended sale of the mat- the fixtures and jurnitare of the improvement and Indemnity Company of the city | of New York to Mr, DOrville is void, so far as it | concerns the assignee, the sale having been effected when the company was insvivent. The Judge directs the Masterto ascertain and report the amount due to the plaintii. Wiliam Hastings, cluimimg to have formerly practised in the federal courts of California, charges certain judges and other odicials of those courts with “illegal, cormupt and highiy criminal practices.” He memortalizea Congress on the subject, and his petition was referred to the Judi- ciary Commitiee of the House, He charged this committee with suppressing the evidence, and therefore justituted sult against the committee, individually and severally, for $50,000 damages. Benjamin F, Butler, one of the committee, retained Jobn E, Devlin as counsel, and the | Jatter moved m the United States District Court, beiore Judge Woodruff, for an order directing Hastings to file security for costs, or, in default of ‘this being done, that @ noile prosequi be entered. Mr. Devin was om band yesterday, but the com- Plaining counsel, who conducts his own case, failed to put in an appearance, and so a nolle prosequi Was enterea as regards Mr. Devlin’s dis- tinguished client. AUCTION SALES AT NIGHT. flow Captain Leary, of the Police Department, through orders trom the Mayor, caused Mr. 8. J, Dilon and other auctioneers to cease from auction sales 6t ifight, and how, as the basis of this course was evoked on aa old statute of 1817, Parties, feeling aggrieved in their business, in- voked the judicial interference of Judge Larre- more, of the Court of Common Pleas, has been pub- Iished in the HeRaLp. Judge Larremore yester- day gave lus decision denying the motion, for the following reasons, embodied m a briefly written Opinion :—'*A public officer clothed with stat ute authority to perform certain du- ties =shouid not be restrained m_ the exercise, but only im the abuse of Lis official func- tions. By section 4, chapter 188, of the Laws of 1858, the Mayor bas power to hear complaints against auctioneers, commit for tria!, dc. U! some such action is taken by bim in the premises | which is clearly shown to exceed bis authority a | court of equity will not imteriere. The piaintut has Do mgut to complains if, in furtherance, his g@uctioncer 1s to be prosecuted for an alleged viola- tion of the statute, On such prosecution the valid- aty of tus acts can be fully tried and determined. | ‘The Mayo: cha case acte judicially, and nis Tight to do su should not be mterfered with or re- Birained except by 4 review of bis determination by due course of luw. ‘he injunction is dissolvea and the application for a permanent wjunction denied.” Several days ago application was made to Judge @onobue, hoiding Special Term of the Supreme Court, ior a writ of prohibition restraining the Burrogate irom recognizing Mr. Tracy as executor and Mrs. Taylor a8 executrix of the will of James B. Taylor and such executor and executrix from | discharging tieir duties as such. The appiication was based on the late decision of the Court of Appeals, reversing the decision of the Surrogate gamitting tae to prooate. Judge Donohue yesterday granted tion, giving his reasons the following opinton, terse and object of tue pronibition asked 18 tO Svay Che Sur- rogate’s proceedings in paying debts and making other orders concerning the disposition of money mow in the hands of Mrs. Taylor and Mr. Tracy, as executrix and executor of James B. Taylor, de- Ceased; all the power which those parties ever | had assumes the right of the Surrogate to appoint them (wick ido not), and that lias been revoked by the reversalof bis judgment. [tseems to me that, where the case is in court, as it 1s, it is proper for (he Court 1 stay the disposition of the estate until the questions of who are the proper persons (0 distrioute and who the persoos in- terested in it are determined. Motion granted.” & SUIT ABOUT LACE. in the United States Circait Court, before Jadge Nathaniel Shipmun and a jury, the case uf Messrs. E. P, Jatray & Co., of this city, against Thomas Murphy, ex. lector of the port, was yesterday brought ou for trial for the third time. On the two previous occasions the jury failed io agree. The plaintids imported a quantity of lace, and on this the Collector demanded ao ad valorem duty of | sixty per ce ‘This demand was based on the | Claim of the Collector that the lace in question , ‘was silk lace, and came within the meaning of the | tarif' act of June 20, 1464. The piaintios, Messrs. Jaffray & Uo., under protest, paid the amouut of duty demanded of them by the Collector, and then | instituted the present sult to recover 21,000 ag the excess of duty paid on the goous. ‘ie ctaim of | the plaintiffs is that the lace imported by them, | and which 1s re subject of the present action, 1s notsilk lace but only thread lace, and that, under the tarim acts of March, 1861, and July, 1562, it is only lable to & duty of 30 per cent ad valorem. The question to ve devermined in this ivgal con- troversy is whether the lace ts known in the market and to persons in the trade as silk lace or as thread lace. The trial will occupy two or three days, and the result will probably determine aev- eral other cases Of a similar character, tue present being a test one. { BUSINESS IN THE OTHEE COURTS, SUPREME COURT—SPEOIAL TERM. | Taxing a Benevolent Corporation. | efore Judge Van Brunt. | In 1867 the Howard Mission and Home for Little | Wanderers \cased certain premises in Roosevelt street, to be used by their society, stipulating in the lease to pay 4 certain amount of reat and the taxes, The rent was paid, but the taxes were not Subsequentiy they bougut the premises, when, on still refsing tue tax claim against them, the Compr: -pped in and sold them out.’ Ap- plication made tO restrain the Comptroller Irom giving @ title deed to the purcaaser. The Cause Catue Up lor argument yesterday in this Coart, It was urged the institution, under a State Statute, was exempt from payment of taxes, and that the Board of supervisors haa 80 exempted it. In opposition it Was urged thai the Was not cxempt for 1867, the year ind asmuch as it W’ duage Van Brunt decision, COURT OF OYER AND TERMINER There wasa large Oourt yesterday, Judge Barrett being on the bench, Two cases of rather more interest than the ordinary run of cases were on the day’s cal- endar, one betug a charge of attempted shooting Of @ parimer and the other a charge of man- Slaughter. Mr. William £, Howe defended both prisoners, the prosecution being conducted by Assistant District Attorney Lyon. CHARGE OF FELONIOUS AssAULT. ‘The prisoner in the first case was Wiiliam Dick, aA rather pileasan’ and decidedly barmiess looking man, The indictment charged him with shooting ot Colin Carmicnel. Among the jurors was Andrew Jackson Davis, the well known Spiritual- ist. The evidence showed that the two men were mers in the plumbing busivess, at No. ot enth avenue, A dispute tn regard to their Dusiness matters arose between them, which, aa alleged, Dick attempted to bring to a speed: termination by firing at Carmiche! with a Bistol. ‘The dejence was that the pistol went of acciaen- tally, Mr, Howe subiected the witnesses for the ook tue papers, reserving luis He holds that tae pre- | these | Uni , THE TAYLOR WILL CASE, = | } anti-circumiocutionary style:—“Tne | | Prison lor two years and six months. | ot their property when taxed. | owd in attendance at tits | proseontion to @ rigid cross-examination, and brough bis own witnesses showed that tue pris- oner Was ander tear of Carmichel and personally in danger of bus life, The jary, at all events, evi- ‘dently got a good deal muxed in thetr views. ‘They brought in @ verdict of ‘assault with a deadly weapon ;” but Judge Barrett sald this was bo verdict under the statute and sent them back agaiu, Aitersome two hours’ deliberation they Celle MLO Court, aNd On tt being announced that they could not agree, and that there was bo prob- ability of their agreeing, taey were discharged. SHOOTING IN A SAILORS’ BOARDING HOUBE. Patrick Van Twisten, formerly barkeeper in the sailors’ boarding house corner of Cherry and | Oliver sireets, was next placed on triaf for shoot- ing and kiling Join Crowe. The circumstances | of the shooting Were given infuli at the time ip | “the HekaLp, aud need only to be briefly recited. | TOn tae 20th of August the deceased went into the pace Stated, played cards with a third party, and, aving ordered drinks, would not pay jor them, saying he had no money. The prisoner then | ordered him to leave, which he cid, but shortly | returned and threw a stone at the prisoner, who “at once fired several shots from a revoiver at hin, | killing him instantly, It was contended by the defence that the suots were fired in seli-defence, ‘and that the deceased was in the act ot liltung a chair to assault the bartender when the latter fired. All the testimony was submitted, and, it | being late, the Court adjourned til this morning, when Mr, Howe will sum up ior the defence, SUPREME CG0UET—CHAMBBRS Decisions. By Judge Lawrence. Seofleld vs. Scofleld,—Order granted, Keary vs, Warren. ranted. Weber vs, Weber,—Memorandum, Andrews vs. North America N, & Company.— Memorandum, Gouriey vs. Campvell.— Memorandum, Gregory vs. £ jen.—Memoran ium, By Judge Donohue. | The People, &c., vs. Hatehings.—Opinton. Matter of caurch,—Order granted, SUPERIOR COURT—SPECIAL ‘TERM CBAMBERS Deeistons. By Judge Curtis. Raggies a3 Receiver, &v., vs. Wilmont.—Proposed | | order settied, | | | Barnard et al. vs. The Mayor, &c.—Motion for | bill of particulars of deiendants’ counter claun | @ranted ivpart. See memorandum. | _ Hewleté et al. vs | | AND Natioual Bank of the State of | rer sustained with cage to | New York.—De Plaintiffs, to amend, &c., mM twenty days. (See memorandum.) By Jucage Speir. Weston vs. Ritchana.—Motion granted. (See memoranitun.) Steinverg vs, Worms.—Motion denied with costs. | (See opinion.) Wright vs. Bitziman.—Jadgment ordered in the | verdict. (see opinion.) Jackson vs. Titus,—Order granted, COMMON PLEAS—SPECIAL TERM, Decisions. By Judge Larremore. Morris vs. Morris.—Divorce granted. Deiau vs. William F. Havemeyer as Mayor, &c.— Injunction dissolved. (see decision.) Meyers et al. vs. The ldayor, &c.—{njunetion dis-" solved, (See decision in Delau case.) MABINE COURT—CHAMEERS. Decisions. By Judge Alxer. Junker vs. Mendoze; scringer vs. schneider; Stuart vs. Fox; Abarbanell vs. Samuel; RyKert vs. | Buggies; Levy vs. Bartiestooe; Grauam vs. Trim: bie; Brumier vs, Hissen; Moore vs. Scheler.—Mo- tions granted. . | | . Melick vs. stendel; Markthaler vs, Frey; Fleisch- | Dauer vs. Sperry.—Motions denied, with $10 costs. Wilttams v3. Maurer; Wakeman vs, Smita,—De- fendants’ cefuult noted. New York Gaslight Company vs. McKinley.—Mo- tion to open default granted on terms. _ . Collims ve, Tae risa National Publishing Com- Pany.—Motion denied. Jessunen vs. Kurizie; Moreth vs. Heisch; Juness vs. Pafte et al.—Mutions denied, with $10 costs. OOURT OF GENERAL SESSIONS Petit Larceny. Before Judge Sutherland, Joyn Bryson, a youth who was charged with burglariously entering the premises of John Dal- ley, in West street, on tae night of the 23th of Oc- tober, aud stealing two bundies of wheel spokes, ‘Was advised by Mr. Abe Hammel, his counsel, to plead gutity to petit iarceny. The prosecuting of- ficer accepted the pleaand the Judge sent the voy to the Penitentiary for six months. Burgiary. Patrick Malone and John Tinan, who were | Caught in the act of breaking into the shoe store of Istdore Shaw, No. 156 avenue A,on the 1st of this Month, and stealing twetty-six pairs of suoes, Pieaded guilty to au attempt at burglary in the toird degree, They were each sent to the state | Prison for two years and six moths, Larceny from the Person. | John D. Eddinger picaded gailty to larceny from the person in stealing, On the 29th of Uctober, a silver neck chain, worth $3, {rom Annie Williams, | in Thompson street, He was sent to the State | Prison for three years and six months, i Carrying a Slungshot. NEW YORK HERALD, WEDNESDAY, NOVEMBER lI, 1874.-TRIPLE SHEET. | Quigiey clinched and both fell tothe ground ether. & help Williams the officer carrying bis prisoner © the Station house, was arraigned at Jefferson Market Police Court yesterday and comuitted in $700 ball to answer. | | PIPTY-SEVENTH STREBT POLICE COURT. Owner Wanted for Silverware. Belore Judge Otterbourg. to- George Pratt, who Was arrested last Saturday | night on @ charge 01 Lring a revolver at George F. Copier, of No. 449 First aveuue, and two police- men, Was beld for trial at the General Seasions in default of $1,000 bail Pawn tickets were found tn Pratvs possession representing a quantity of sil- verware marked U, £. G. and Germuin. Ap owner is wantea at the Twenty-first precinct stativa house. Alleged Larceny. Herman Sefkt, a citizen who has hitherto never been Charged with any crime, was arraigned on a charge of stealing a set of harness trom Michael Noonan, of No, 174 East Seventy-ninth street. The prisoner admitted the theft before his arrest, it 15 alleged, and the property was found in his posses- sion, He was held for examination. Was It a Larceny? Michael J. Black, of No. 636 Secon avenue, and Wileam H. Hughes, a butcher, of No, 207 East ‘Thirty-third street, were charged witn the larceny } Ola gold watch, worth about $20. Philip G, Gof fronn, of No. 234 Greenwich avenue, Guttenberg, N.J., tue complainant, testified that the wavch belonged to bis mother. He is a boy, and it ap- peared be came over to this city, runai away from nome, Wanting money he weut to Hughes’ place and made inquiries a8 to the value o1 the Watch, and, as alleged, Hughes’ assistant, Black, Took und pawned tt und obtained woereon $6, but they returned to Goffronn only $2 50, which he divided with two other boys who were with him. bee accused were held in $1,000 each for examuna- ol. COURT CALENDARS—THIS DAY. SUPREME COURT—OrkcUIT—Part 2—Held by Judge Brady,—Nos. 2098, 2600, 3658, 3610, 161, 100, 1385, 1704, 880, 2668, 2626, 2630, 396, 28, 609,’ 2622, ‘2054, 2688, 2746, 266. Part 38—Held by Judge Van Vorst.—Nos. 457, 2001, 1213, 1285, 1911, 3533, 1893, 4105, 1943, 483, 1399, 182i, | 2055, 4077, 2059, 206114, 2065, 2069, SUPREME | COURT—CHAMBERS—Heid by Judge Donohue.—Nos. 10°, 103, 107, 115, 125, 155, 161, 167, 177, 239, 241, 244, 245, 246, , 248, 249, 250, 258, 260, 8, 291, 205, 296, 30%, 311. RT—IRIAL TERM—Part 2—Held Tid, Tio, 7 782 Teku’Pare 1—Held by LL TERM—Part Nos, 1711, 1622, 1220, 716%, 1219, 1221, 712, 1197, 1187, 954, 119, 2236, 2237, ARINE Count—Part 1—Held DSi Spauld- tog.—Nos. 114, 556, 403, 455, 456, jy L0NT 4g, 474 1702, 1477, 1241, 412, 589, 559, 560, rt 2—Heid by Judge McAdam.—Nos, 1496, 1628, 1366, 179, 1043, 1894, 967, 520, 1600, 2574, 289, L217, 1881, 536, 532. coe peas A sadne Brae jos. 1520, mee 79, 1561, 816, 1195, 1609, 1746, 342, 1365, 1659, 1729, 732, 1554, 1145, CourT of GENERAL Skssions—Held by Judge Sutherland.—The People vs, Dennis Sullivan, robbery; Same vs, Patrick McCarthy, robbery; bery; Same vs. Peter Hogland, robbery; Same vs. Jonn Donohue, burglary; Same vs. William White, burglary; Same vs. Louls Buckman, burg- lary; Same vs. James Snow, grand larceny; Same vs. Charles Greenwood and John Kelly, grand larceny; Same vs. Sigmund Hilier, grand larceny; Same vs. Joseph Barnett, grand Same vs. William Retnbards, larceny from the person; Same vs. Comcio Klein, larceny irom the person; Same vs. John Henaricks, larceny from the person; Same vs. Annie Reilly, larceny from the person; same vs, Sarah Albert, larceny from the person; Same vs. William Tucker, concealed weapons. OYER AND TERMINER—Held by Judge Barrett.— The People vs. Patrick Barry, viclating Election laws; same vs. James M, Cox, violating Election laws; Same vs. Henry Meyers, violating Election jaws; Same vs. Michael Foley, violating Election jaws, BROOKLYN COURTS. SUPREME COURT—OIROUIT. Heavy Damages Against a Railroad. Belore Judge Gilbert. Yesterday @ verdict was obtained in this Court by Adolphus C, Schaffer, who brought action | against the North and Soutn Railroad Company of Georgia. He was awarded a verdict for $87,000. The plainti? was employed by the company as agent to sell their bonds amounting to several miluon dollars at five per cent, and he Claimed the | amount staved was due him ior bis services. OITY COURT—PART 1. |The Middie Village and North Second Street Railroad Litigation—The Dan- gerous Switch at the Foot of South Seventh Street Not to be Replaced. Before Judge Neilson. Ip the case of the North Second Strect and Mid. terday. The suit came up in the form of an appil- | Mienael Rochiord pleaded guilty to carrying con- cealed weapons. On the 29th of October Officer Donoelly ound a slang shot tn his poasession, The punishment iniicted was threc months’ imprison- ment if the Penitentiary. False Pretences. Frank Ennis, alias Frank Uaniey, was tried and convicted of obtaining, on the 24th of August, the sum of $11 from Morris Tasker & Co., by faisely re- [peeve that the firm were indebted to William _P. Cleary & Ov. for the insertion of an advertise- ment imserted in a directory published by the latter firm. Hanley nad deen guilty of other | similar offences, His Honor sent him to the State A Plea of Covertare. | Charles Miler aud bis wile Sabina were charged | with keeping a disorderly house in Chatham street, and Sabina was further accused of stealing @ Watch and chain from the person of Frederick Steinberger, of No. 6 Rector street. Counsellor Hogan appeared for the prisoners and showed that whatever disorder occurred on the premises Was occasioned by the complainant. The charge of keeping a disorderly house was dismissed, an}, on a piea of covertare interposed for Miller’s wife, she Was discharged, and her ausvand held for ex- amination. TOMBS POLICE COURT. Robbed in a Concert Saloon. Beiore Justice Morgan. There was more business than usual transacted at this Court yesterday. The watch returns were large, and consisted mostly of “drunks.” Aloise Koehler, of No, 134 Scholes street, Brooklyn, E. D., a@ verdant lookiug genticmau, preferred a com- plaint against Kate Morris, a gaudily dressea, meretricious looking waitress in a saloon in Chatham street, for larceny. He alleged that he went into the premises, called for wine, drank and smoked cigars, became merry and maudlin by turns, and fnaily on ieaving the place missed $275. He charged that when he entered the sa- loon he bad $450 to bis wallet, and tnat Kate Mor. ris was the only person in whose company he had been all the time while there. The prisoner de- nied her guult, but was held in $1,000 to answer. Detective Van Buskirk, of tae Fourth precinct, made the arrest, Arrest of a Policy Dealer. There ts a policy shop kept at No. 92 Chatham street. It is a most demoralizing institution to the youts of the neighborhood, Its principal patrons, however, are grown people, of the dusky race and ot both sexes. Captain Kennedy, of the Sixth pre- cinet, resuived tu break it up. and on Monday de- tailed Detective Dorsey to tuvestigate the matter. Ou proceeding to the place the cetecuve iound one Stephen O’Brien actively engaged In selling lottery and thereupou arrested hun. He ,000 to answer. Larceny of Clothing. Bevjamin Davis, of No. 10 York street, was held to answer on a charge of stealing $20 worth of clotoing trom Henry Ihlo, of No. 437 Washiagton street. ihe property wus recovered, JEFFERSON MARKET POLICE OOURT. | i | | ‘The Penalty of Interfering. | Betore Judge Smith, | Arthur J. McGuire, of No, 148 Spring street, lad @ quarre! With bis wife on Monday night, and was attempting to beat her badly, when Mrs. McGuire's | \oud cries for help brougut Jacob Snyder, who | lives ln the same house, into the room. Mr. Sny- der endeavored to pacity McGuire and protect his | wile irom bis assauita, bas the irate band gud- | deniy turned on Mr. der apd knocked him | senseless against the stove. Officer Vailety, of the | Kignth precinct, hearing the disturbance, went | into the and arrested McGuire. He was held | by Judge Smith yesterday in $1,000 ball to | anewer. Mrs. Snyder preferred the complaint, as her busband was unabie to appear on account of the injuries received, Officer Quigiey’s Capture. | OmMcer Quigley, of the Lighth precinct, while patrolling bis post on Sullivan street, on Monday night, saw ® Woman run out of @ house in the neighborhood and a colored man chasing her with a large kaue in hishand. OMcer Quigley ran to- | wara is man and grabbed him by the neck and held him. A desperate struggie then ensued be- | tween the officer and bis prisoner, Whose name is | James Wiens alias “Rineskin’? Wiliams and | be placed. was constructed in 1866, on the west side of First, | straining the city from interfering with the plain- tiffs in relaying or restoring a turnout or siding formerly used by them. The terminusos the road is at the ferry, foot of South Seventh strect, ana the contention 1s as to the precise point nortn or south of that street at which the turnout orsiding should That which 1s sought to be restored between South Seventh and South Eighth strecis, where piaintifis’ cars pass irom and to the track of another railroad company. It is set forth in tne camplaint that “the point at which said turn- table, turnout or switch was situated 18 at the en- | trance of the ferry; that there is a gate there through which passengers and vehicles pass and repass to and from the ferry boats.’ The piain- tins claim that tbe tarnout or siding was tius located with tae proper consent and authority, and should stul be mamtatned as necessary to their business; and that the act of defendants in removing tue samme Was an ioproper and un- | autnorizea interterence. On the part of the city it is shown that the turn- Out Was not thus located for the accommodatio: Of passengers, as that gate was not constructed until after the siding had been piaced and in use; that the carson the turnont inveriere with and hinder the vehicles using that gateway, and that | mi runuing to and from that point the cars pass the principal entrance to the terry and delay and discommode the passengers. The pressure and interraption nas been regarded so great at tos | point, where very many passengers come and go, that such use by the cars has veen dangerous w the people and a nulsaace. in deciding the appli- cation tue Court uoids the opizion that the piain- tiffs have not such apparent right to ve restored to the use of the turnout siding at the teiry gate as to justify granting ao order protectiag them from the interference of the defendants. The plain- 1in’s rights were granted to them by the Legisla- ture and the manicipal authorities have not the power to impair those rights. hey may run their cars to and irom the ferry at the foot of South Seventh street, Those words are to ve ander: stood as giving them leave to come as near to the lerry a3 nay be necessary, convenicnt anu reasou- able, They are not permitted to bring their cars in and upon and across the street and occupy any position in it, Their business lies north of that street. When their carsreach tue north side of it they are at that street and at the ierry—that is, suMiciently near to the ferry to answer tue prac- tical purpose of meeting the wants of- passengers and securing their custom. Jt seems to the Court that business and travel upon this ferry are 80 great wnat it would be improper to nave the space between the ferry gates and the centre of First street, where there is a raliroad track, biocked ap by any permanent arrangement for standing cars or for their use. To mainta uch an arrange: ment would be prejudicial to the public, a perver- sion of the street to au Waopreper use, and, there. fore, inequitable. The city authonties have & right to tiervene to prevent tuat misuse and should oot be restrained ip their efforts to so order aud arrange Watters as to troubie the plain. Uns iD @ suDstantial @ud reasonable degree, and at the same time to give facility and security to tae | travel aud business. The application 18 denied, CITY COURT—PARi 2, Francis D, Moulton Pleads Not Guilty to the Indictment for Slander, Before Judge Reynolas, Francis D. Moulton, Who is under indictment by the Grand Jury of Kings county tor publishing & slander upon the ‘air fame of Miss Edna Dean Proctor, was early iu the City Court, Judge Neiison presiding, yesterday moruing, pursuant to agree- ment of his counsel that Le suould picad to the indictment. Theodore ‘ilton accompanied his friend rank, and, as usual upon their appearance in pubiic, both men attracted con- siderable attention. Assistant Districts Attorney Moore called the attention of the Court to the | fact that a plea of “not guiity,” had been entered vy Mr. Moulton tn the suit tiamed, and the Court noted the tact. The prosecuiing officer for the peopie then moved that tue case be set down for trial and BO Objection Was made to the motion the counsel for defendant, ex-Judge Morrts. | b: This terminated the business of the defendants in the great scandal case with that Court, and they withdrew burriediy trom tue hall of justice. CITY COURT—OHAMBERS, A Stay of Proceedings Granted. The counsel for the Rev. Henry Ward Beecher, Mr, T. G, Shearman, appeared beiore Judge Net- Son, Who Was holding Chamnare anf moved that | Though several olber Legroes interiered | succeeded in | ment shall have been heard on the appei He | aside the dectsion of the Court denying @ “bill of 137, 1831, | Same vs. Felice Mazzou and Luigi Sporse, rob- | larceny; | die Village Railroad Company against the City oy | F Brooklyn Judge Neilson rendered his decision yes- cation to continue a preliminary injunction re- | h | the case was argued. | & stay of proceedings be inted tn the case of “Tilton ma Beecher” “mill such time Lg Ej 4 | partici Argument will be heard by the City | Court, General Term, ou Friday next Judge Netl- son gtanted the motion for a stay of proceedings. BROOKLYN COURT OALENDARS—THIS DAY. ITY COURT.—Nog. 12, 142, 155, 134, 22, 8, 25, 66, 101, 239, 95, 207, 209, 210, 211, 212, 213, 214, 215, 216, 217, 219, 220, 221, 283, 224," 225, 227, 228, tune Nos. 9, 15, 19, 20, 22, 26, 28, 31, THE COURT OF APPEALS. ALBANY, N. Y., Nov. 10, 1874, In the Court of Appeals to-day motions were heard as follows :— No. 23. John B. Scholey, Executor, appellant, vs. | George Hart Mumford and another, respondents; | | ana No. 259, James Ward, respondent, v8, Phi- lander Spencer, appeliant—Motions to dismiss appeal. John E. Bliss, appellant, vs. George H. | Gardner, respondent, and Joun EB. Bliss, appel- | lant, ys, Chares H. Lawrence, respondent—Mo- tions fora reargument submitted, ‘the Manhat- tan Brass Manufacturing eee. appellant, vs, Henrietta H. Thompson, respondent—Motion for a rearguinent and papers submitted, The jollowing appeals trom orders were also | argued:—No, 51, The Peopie, &., respondent, vs. Henry W, Genet, appellant; W. A. beach tor ap- | Pellant and District Attorney Fellows tor re- | spondent. No, 53, The People, &., respondent, vs. Wm. H. Florence, impleadea, &¢., appellant, | No, 56, The People, &c., respondent, vs. Michael F, | Quigg, sppallans. No. 54. The People, &c., ex rele, | George H. Presmeyer vs. The Board of Police, &c., of the City of Brooklyn and another. No. 58. The People, &c., ex rel., Sarah Ann Splatn, plaintif? in error, vs. The New Work Juventle Asylum, daefend- ant imerror; papers suvmitted. No, 62, John H. White, respondent, vs. Jane K, Coulter and an- other, appeilant; A epee affirmed by default. The general calendar was then cased, and the follow! ng cases were heard:—No. 1. Alfred Mtt- chell, plainutf in error, vs. the People, &£6., defendants in error. vassed. No. 2, George S | Wood, plaintiff in error, vs. the People, &., | defendants in error. Argued. Case still on. ‘Tne day calendar for to-morrow ts as follows:— Nos. 3, 6, 7, 8, 9 11, 12, 15. Decisions in the Court of Appeals, Tuesday, November 10:— Judgment affirmed with costs.—The Poople ex | Tel Hogan vs, Morgan; McKechnis vs. Ward; Car- | | penter vs. O’Dougherty; Kendall vs. ‘The Holland | Purchase Insurance Company ; Blewett vs. Baker; | Roberts vs. Johnson; Phillips vs. Conklin; Parker | vs. The Arctic Fire Insurance Company; Amory vs. Amory; Amory vs. Amory; Murray vs. Clark, Jui ent affirmed.—Wenzier vs. The Peopie; | Coleman vs. The People. Judgment reversed and new trial granted, costs to abide the event.—The Peopie vs. Fieida; | Hinckley vs. Kreitz; Smith vs, isaacs; Thornail vs, Pitt; Dutcher ve. The lmporters and Traders’ | | National Bank. Order aitirmed with costs.—Genet vs, port. Order granting new trial reversed and sud | for plainw affirmed with costs.—Wi Weaver, Order granting new trial affirmed and judgment absolute for defendant on stipulation, with costs. Allen vs, Fourth Nationa! Bank of New Yor! Kilbourne vs. St. Joun. Motion denied without costs.—Tiffany vs. Farr. Judgment modified, so as to allow claim against | the receiver in favor of the respondent for $3,000 | and interest from November 5, 1566, without costs | as to either party in this Court.— McCullough vs. Norwood. | Order of Supreme Court reversed and judgment on report ofreteree affirmed with costs.—Tne Dela- ware, Lackawanna and Western Company vs. #rown. Order granting new. trial affirmed and judgment absolute for deiendant, with costs.—Prindie vs. | Beveridge; Lytle vs. Beveridze. Order of General Term reversed and case re- mitted for hearing upon the merits, without costa as to either party in this court.—Brown vs, Brown. | Ordered that all proceedings be suspended on | this motion and appeal so that plaintiffs may ; bring action to set aside agreement of Fellows ana Heermans to discontinue, &c., without costs.— Hill vs. Heermans. THOMAS C. FIELDS. gee The Court of Appeals Decides in Favor of fields in the Suit Brought Against Him by the State for Alleged Fraud en the Engine Companies. ALBANY, N. Y., Nov. 7, 1874. Daven- ent vs. | at the office of witness on the | Thomas ©. telds, appellant, in favor of the appel. brought to recover the moneys for which judgment was recovered upon the allegation that they were unlawfully and fraudulently paid by the Comptroller of the city of New York to Fields as the assignee act of the Legislature of 1569. of fraud were made in the complaint, all of which | Fields dented in his answer, and of which no roof was given on trial The compiaint harged collusion between the several offi- , cers of the city and county of New York and Fields to shield him from prosecution for re- covery oi these moneys. This was denied in the | answer, aod was unsustained by any proof upon the trial. The complaint iurther charged that de- fendant was a member of the Legislature of 1870, and voted for the act of that year affecting th | subject matter of the tssae and organized mea: | ures tor procuring its passage. The answer a mitted the alleged membership and vote, | but averred that the provision in ques tion was a section of the city tax levy, and that Mr. Fields’ vote was for the general | act, without knowleage that it contained the sec- tion in question. [t also denied that he arranged | OF organized measures 10 procure the passage of | the act. On this latter point no proof was given. Judgment was rendered against Fields for | $554,062 73 at the Albany Circuit Court in the sum- | mer of 1873, and the same was afiirmed at tue General Term iu March of the present year. The decision of the Court of Appeals reverses the de- cision of the lower courts and grants a new trial. The opinion, which 1s partially based on the discussion in the Ingersoll case, and contaids a , lengthy quotation from that opinion, is written by Judge Folger. Judges Johnson, andrews and Grover concur. Chier Justice Church and Judge Rapello dissent. Judge Allen was absent when | |THE WASHINGTON CONSPIRACY. | The Demolition ot Previous Evidence | . Comtinuing—Attempted Intimidation | ofa Witness—How Hayes Got $50. { WASsUuINGTON, Nov. 10, 187: | The trial of the alleged safe burglary conspira- tors was renewed to-day. Tne general panel of jurymen were discharged from further attend- ance upon this Court, the Juage remarking that this case would occupy nearly ali the time be- wween this and the next term, which would com- mence on the first Monday in December. Fred. Harrington sworn—Is a Lieutenant Com- mander in the Navy, and was stationed in Anna- | polis last April; on Saturday, the 18th of April, | recetved an invitation oy telegraph to be present at a family reunion at Richard Harrington’s house, in Washington, on Sunday, the 19th; at- | tended the reunion and left on Monday morning, the 20th, Richard Marrington remaining at nis | house in Washington. George McEifresh sworn—{3 a@ detective officer on the Washington police force; arrested Mike | Hayes last June; on the way to the station house ne said he bad never seen marrington but once before; he met him in the Congressional commit- vee Troviu, aud that was When he lac called at Harrington’s ofice avout a counterteit case. Wit- ness corroborated thé statement of Detective Sargeant concerning Hayes asking Harrington about bail. Dr, James Osbor Medicine in New being sworn, said he practices rk, N on tie 2d Of lawt April was called to visit a chud of J, Nettiestip: aoes not recollect seeing Nevtiesbip at tuat visit; 1ound the child sick with dipbther and directed the other two children to be separated trom it; they | were sent into tue country With Mrs, Leach, tueir | grandmother. | | airs. Leach was sworn, and testified that she is | the mother-in-law of J. C. Novtieshi); Nettleship | was absent irom home in April and returned April | 28; witness let uimin carly in the morning; one of his children Was sick and Nettlesuip directed | Dr. Osborn to be sent for; witness jeft in a day or | two to carry the other children into the country. John & te sworn—is @ Methodist minister in Newark, SN. J.; was called w Mr, Nettleship's | house last Jaue to attend the funeral of one of nis children; Mrs. Nettiesuip is a member of wis church; Nettlesuip borrowed $25 of witness at that time; witness put the mouey into the hands of Hayes, who was outside with Nettleship; it | consisted of five $5 Dilis; witness did not hear Net- | tesbip gre any directions to Hayes; nor did Net- | tieship teil witness to say anything to Hayes; wit- ness passed then directly into the nouse. By Mr, Daviage—What did Nettleship tell you alter he came int the louse’ A. Nettieship came into the house and suid to those present, “You little Know what | vorrowed that mouey for; | did it to puta thier ito the bands of the commitice | | in Wasnington to seatify, and when he gets there | he will be arrested.” Edward R. Uahoon sworn—Resided in New Jer- | soy avout seven years; is 4 mercuant; was at th house of Nettlesaip on tie occasion of the deatn of his child; saw Hayes there; witness went to the door to answer a call o! the bell and found Hayes there; he wanted to see Nettieship; witness tried to put bim off, telling him the circumstances and | asking him if he could not wait till morning; Hayes aid ha moat aoa him that night ashe bhadcome a | ‘The Court of Appeals to-day decided the case of | | the People of the State, respondents, against | | lant, reversing the decisions of the lower courts. | The action on which the appeal was based was | | of several parties who claimed pay as members of | | certain engine companies of that city under an | Verious allegations _ long and wanted to take the Washin, trains te was about nine o'clock, and withons thought there was but little time and went tn and told Netsleship; Netueship went ouvin his sturs sleeves, and witness observing that took the hat and coat of Nettleship out doors, and just as he pene the door heard Nettleship finish a sentence about going to Washington; Nettles! after- ward came into the house and borrowed $25 of witness and $25 of Coyle, the latter going to his house aiter the money; Nettieship and Hayes afterward came into the house, and in a minutes Hayes took his leave, Patrick Smith sworn—Mike Hayes introduced Zirruch to witness; Zirruth went witn witness to hunt a man named Reed, for whom witness had a gerade did not arrest the man; did not ond Cross-examined by Mr. Riddle—Witness aid not help Blulord Wileon to work up this case; in did not pay him $50,000 to help. Mr. Riddie showed witness a paper and asked hun if that was his sig- ‘ituess identified it, Mr Davidge said, ‘Let us see that paper.” Mr. Riddle—“Qu, we will let you see it some other tie,” ana returned it to his pocket. Net- Ueship paid witness to hunt up some other cases. Wiliam H. Reed sworn—Was formerly tu the Secret Service division; knows Hayes and Zir- ruth; some time last March Hayes met witness and bim ifhe wanted to get even with Nettle- ship; witness had been dismissed from the division and laid it to Nettlesmip, and was, there- fore, very willing to help to pat up a job on him; made an arrangement to meet Hayes in Newark and went over there, but saw Hayes talking with Gus Zirruth, and witness put back to New York, as ne did not want anything to do with 4irruti Zirrash put up a job on bim once and got him t dicted, a8 he unt ; Hayes told witness he would bave to go to Baluimore to help in tne job ainst Netweship. e Court took @ recess. APTER BECESg, | the crogs-examination of Reed was continued by Riddle. Hayes tried to get witness to put up the jobon Nettieship, on the last of March or the 1st of April; witness would not help on the job after Hayes toia him he wou.a put Nettleship in the Penitentiary; he was willing to go @ good ways on Nettleship, but did not want him to be sent to the Peniten- tiary; witness put down the meeting with Hayes in & memorandum book. After witness had left the stand Mr. David, arose and said he felt it to be his duty to call the | attention of the Court to the fact that during the recess, While this witness was to hia lunch, he was threatened with personal harm and vio- lence by Zirrutn and his party. Mr, Hill replied, saying the threat took place in presence of himself and Riddle, and the load words and threats came from both sides, and they (Kid- dle and Hitl) checked tt at once. Mr. Riddle added tbat after one of the witnesses for the prosecution had testified he was assaulted by Colonel Whitley after he le!t the court room. The Judge directed the Marshal to call back the witness. Whon he had come in the Court hesi- tated a few moments and then advised the parties not to meet each other outside, and said u this thing was repeated he would certainly order an investigation, He hesitated about using his power in the premises at this time, although it was always best to correct an evil wien it first exhibited itself. Witnesses and courts must be protected, and nothing of tuis kind must occur again. x. Henkle said Qolonel Whitley denied the statement in regard to bimsell, when che Judge iiterrupted him, saying he was Dot investigating the case, but only giving warning. John U. King sworn—Is Assistant District At- torney in Newark; know Zirruth; he came to his office iast winter and signed a receipt, which wit- ness produced; in @ bankrupt case Zirruth was appointed watchman, and alter the case was ad- judicated Zrruth put in a bill of $175 for services; the bill was disputed, and, alter some delay, the parties agreed $100 rather than bave any trouble with Zirrath, who finally agreed to take | it, and, in the absence of his principals witness drew up the receipt and Ztrrutn sigied it; no other receipt was ever written in lus office by Zirruth; Zirruth never copied or wrote a receipt for $380 in the office of witness. George ©. Genet sworn—is a lawyer in New York; knows 8 Mr, Kirtland B, Williams was th and 21st of Aprii last to see about Kirtland; Williams wanted to get Kirtland to testily before tne Congressional Committee; witness remembered that Kirtland signed his name at that time as A. Buchanan, as witness took @ telegram to the office jor him with that signature; one despatch was sent to Har- | copies of | rington ata club house in Washingto: the despatches were shown to witness, and be identified them; they related to tue comung of Kirtland to Washington. Governor Shepherd, John 0. Evans and Detec- tive Clarvoe were called, but iailed to respond, and after a few moments’ pause the Judge said the Court would take a few moments of temporary suspension for quiet till one of the wituesses arrived. John A, W. Clarvoe, having been sent for, afrived, and was sworn by the Judge:—Iis the chief of the detective force at Washington; on the 23d of last April Harrington calied at his oifice and ‘wanted to see Major Kiohards, and invited witness to come ap to his house in the evening; went with Major Richards to Harrington’s house; Richards went up stairs to see Harrington and witness remained down stairs; Evans called to see Harrington, und when he (Harrington) came down stairs he invited witness up stairs; was shown a letter about robbing the safe, and after talking over the matter it was agreeu to watch the ofiice, and that witness should do the outside part of the work and Harrington and Richards were to do the in- side; witness detailed the occurrence of tue bur- glary, which did not differ maverially from the account heretofore given; witness took Willams with him and said he saw two men come up urst and then two otners followed aud joined them; also saw the big man come across from the bill- board and saw he was still a diferent mau; saw the man come across and beat his sect on the sidewalk | Opposite the office, and witness came up to him and recognized him as one of his men he had first | seen; aller the burglars came out witness bade | Willams good night to throw the burgiazs oif the track and make them think he was going, and then started to follow the man with the bundle; while the barglar was watting at Alexander's house for an answer to the bell Harrington came over and witness told him he was afraid he suould lose his man, and Harrington said, “Weli, if you are afraid of that you nad better go over and arrest him;” witness told Harrington be- fore they started ‘rom Harringon’s house he would have the hardest part of the work to do, and Harrington said he would send A, B. Williams over to help and have him connect with witness at the corner of Four-and-a-Hall street; when they were talking over the matter at Harrington’s house Major Richards said it would be best to arrest the burglars while they were at work in the office, bat it Was finally agreed to follow and then arrest em. Mr. Davidge satd he did not wish to dismiss the Witness until he had iooked over his statement to see if there were uot some specific questions to be put to him, and he could not have access to the statement until the reporter had written it out, He, therefore, desired au adjournment until to- morrow morning, No objection being made by the counsel for the government, the Court was adjourned until to- morrow. MUNICIPAL NOTES. ‘The Board of Aldermen will meet at two o'clock to-morrow to take into consideration the esti- Mates of 1875, as sub-committee, by the Board ,or Apportionment. No provision is made in the budget for the salaries of the Aldermen as Super- visors, Coraptrolier Green claiming that they are not entitled to such emolument. It is rumored around the City Hall that Mr. John Kelly ts about to discontinue the libel suit against Mayor Havemeyer and Nelson J. Waterbury. The friends of Mr. Kelly say that the people have, by their verdict in the recent elecuons, thoroughiy vindicated his character in his past oficial career, and that the charges trumped up against wim ought to be consigned to the waste basket as an exploded electioncering document. Those gentie- men say that Mr. Kelly ought now to show his Mmagnaninity by abandoning those suits, and jet the venerabie Mayor depart in peace to his home on the ist of January. The New Court House was yesteraay thronged with hundreds of laborers awaiting thelr turn to be pees off trom the Comptroller's ofce, Sherif Conner has of iate been frequently closeted with Comptrolier Green in his private omMce. Has peace been patched up on the Snerif’s county oils which the Comptroller has hitherto positively refused to pay ? AMHESST COLLEGE SPORTS. Interesting Contests in Running, Walk- ing. Jumping and Base Ball. AMUERST, Mass., Nov, 7, 1874 To-day we had the athlette contests, which were the most successiu! of the season, During tne fall Amberst Coliege has not been defeated once in base ball, her regatta has shown that she has not | forgotten how to row, while, to cap it all, her | amateur athletes made a grand display of skilland muscle. The following is a list of the contests :— h A 100 yard dash. Won by Kuight, 75, 10 sec. onds. 2 Base yall throw; three triais. The average (won by Williams, 76), 316 feet 5% inches. Tne longest singie throw Was made by Pratt, 76, Dis- tance, 326 ieet 9 inches. 3. Standing long jump; hop, skip and jump, and | rouning jump. Won by Nash, '77. Total distance, 47 fect 11% inches, * 4. A three mile walk. Won by Patton, '76. Time, Vinton, "75. 4 6, Sack rac Won by Saunders, '75. ‘Time, 86 seconds, 7. Three legged race; 100 yards, Knight, '75, and Ely, 75. 12 seconds. 4. ‘wo mile run. Easily won by Morell, '77. Time, 51, 9 Wrestling; two out of three. Newman, of 77, Was awarded the prize. 10. One-half mile dash, Nicely won by Barber, 77, in 2:19 Suitable prizes were awarded to the victors in the several contests. '77 bore off the most valua- bie and honorable prizes. '75 coming next. "7S was withont a champion. High jump, without a board. feet 6 inches. 300 yards, PI Willem | FLEETWOOD PARK. —_—— Third Fall Meeting—First Day~Two Trotting Contests—ii. D. Walton and Lady DahIman the Winners. Fleetwood Park was well attended yesterday afternoon to witness the two trotting contests announced to take place. The track was in excel- lent condition and (he weather most delicious. The first trot on the card was for horses that had Never veaten three minutes previous to the clos- ing of the entries, and of the eight entries four Only came to the post. These were Ben Mace’s bay gelding BH. D, Walton, P. Fieming’s gray gelding Wille, A, Bourret's roan gelding T. E. Gordon and John Murphy’s roan mare Lady Collter. The latter was the favorite previous to the etart, but the betting changed throughout the race with the completion of each heat. Waltom won the first, fourth and flith heats, Willie win- ming second money and Gordon the third pre- miam, The second trot was not a very interesting one, ag Bonner, the favorite, did not come to the post. Lady Dablinan and Cora F had to contend for 1 prizes alone. Lady Dahiman won the race in wnpp Straight heats, with the greatest ease. The following are the detatis:— ° The First Trot, = First Heat.—H. D, Waiton took the lead, T. i Gordon second, Lady Collier third, Willie fourt) H. D. Waston led one length at the quart? pole, Lady Coller second, Wille third ant Gordon fourth. Time, 87 seconds, Lady Collier went to the front on the lower turn and led a length at the balf-mile pole in 1:14, Willie second. Walton third, Gordon fourth, Oommg up the hill of the backstretch Willte outtrotted Others and was first at the threo. spe Walton second, Gordon third, Oo! Willie then broke up badly and all ' - others: poet him, Walton came in a winner by two lengths in 2:30)4, Gordon second, Lady Coliier tNoond nd Hea the field sold for $100, W: —The sold for n. Walton took the lead, Gordon second, ‘oolltes thre: Wiilie fourth, Walton showed the way to the quarter pole in 3734 seconds, Lady Colle! one length ahead of Willic, the latter leading Gor- don one length, Going sround the lower turn Collier went to the front, Walton having broken up and fallen in the rear, Willle second, Gordon third. At the half-mile pole Lady Collier led one length, Willie secoud, a length in advance of Gor- | don, Who was four lengths in front of Walton. Coming up the hill Willie showed in frontior a moment and then broke up, Lady Collier and Gor- don passing him. When he recovered ke gradu- ayy gained on the leaders, and after getting into the homestretch he passed them both and came home a winner by two lengths, Gordon second, one length i front of Collier, who was five lengths in advance of Walton. Time of the lieat, 2:38%. Third Heat.—Wiilie was the lavorite over the field at $100 to $80. Gordon had the best of the send-off, WiDie second, Coilior third, Walton fourth. ‘At the quarter pole, which was passed in 30 seconds, Lady Collier led by 2 head, Willie sec- ond, one iength in front of Gordon, who was two lengths tn advange of Walton. Going to the lalp mile pole Wille passed Lady Cullier and was @ neck in advance, as Le passed the post in. 1:17, Gor- don second, Lady Coliler third. Willie then drew away from Gordon, and, Lady Collier talling away | badly, Walton took third At the three- | quarter pole Wiliie led hall a length, Gordon sec ond, Watton third, Lady Collier far behind. Willie won the heat bya length, Walton second, three jengtus in advance of Gordon, who was eighty yards tn front of Lady Collier. Time, 2:39. ‘Fourth Heat—Lady Collier withdrawn, WOlie was the favorite over the field, at 3 to 1 He broke-up just at the moment the word was given, aud Walton went away with the lead, Goraon second, Willie third. At the quarter pole, which wes passed im 39 seconds, Walton led @ length, Gordon second, six lengths ahead of | Willie. At the hall-mile pole Walton led a neck, | Gordon second, Willie eight lengths belind. | Time, 1:17. Walton came on and won the heat by three lengvhs 1n 2:39, Gordon second, ten lengths in front of Willie. Fifth Heal,—W alton 801d for $150, the field bring- ing $75. Gordon nad the best of the send-off, Wal- ton second, one length ahead of Willie. ‘alton went to the front on the turn, and was one length ahead oj Gordon at the quarter pole in 39 seconds, the latter hali a length ahead of the gray. Walton led two lengths around the lower turn and the halt-mtle pole in 1:164¢ with all of that advan- tage, Gordon second, hail @ length ahead of ‘Willle, who soon afterward broke very badly. At the | three-qnarter poie Walton led taree lengths, and | he came home an easy winner, Willic second, one | length abead-of Gordon. Time of the heat, 2:39. SUMMARY. FLEETWOOD PARK -THmD FALL MEETING—First Day, Nov. 10.—Purse $400, for horses that have never beaten three minutes; $200 to first, $125 to the second and $75 to the third horse; mile heats, Dest three in five, in harness. Ben Mace’s b. g. H. D. Wal P. Fleming’s g- g. W ae os A. Bourrett’s r. g. T. J. Murphiy’s r. m. Lady Vollier. TIME. | | First heat... E Second heat. te Third heat. ++ 89 Fourth heat. Fifth beat. The Second Trot. First Heat.—Dabiman was the favortte just as the horses started at $100 to $20. She trotted way irom Cora on the road to the quarter pole in 38 seconds, and reached the hali-mue pole nearly @ distance tn front of Cora F. in 1:16, Lady Dahi- man jogged irom there to the stand, winning by a couple of lengtns in 2:47, Secomd Heat.—No betting. Lady Dahiman jogged around and won the heat by ten lengths tn 2:3834. She passed the quarter pole in 38 seconds and the half-mile pole ip 1:153,. Oora broke up several times during the race. Third Heast.—Cora F. took the lead and went to the quarter pole two ienvths ahead of Lady Dahi- man tn 86 seconds. She kept in front to the half- mile pole and passed that point in 1:134. Coming up the backstretch Cora F. broke up, and then Lady Dahiman took the lead, and coming on steadily Won the heat and race by two lengths in 2:53. | a SUMMARY, Sauu Day.—Purae $500, for horses: that have never beaten 2:31; $250 to the first. $160 to the second and $100 to the third horse; mile neats, best three in five, in harness. c STARTERS. J. Murphy's br. m. Lady Dauiman, 11% H. Petersen’s g. m. Cora F... 222 \ | Mile, | First heat... 2:47 | Second heat 2 233836 | Third heat.. 131834 233% Second Day ot the Third Fall Trotting Meeting—Pool Selling Last Evening. The third fall trotting meeting at Fleetwood Park will be continued to-day with two events— the 2:24 and 2:38 purses. Pools were sola on these events last eventng at Johnson’s with the follow- ing result :— THE 2 + RACE. $2525 | Comee. 2% 380 «625 Barney Kell 10 12 10 — 18 Evorett Ra; =- = vw = Field jo © &w& CONTEST. Pauline . $25 2 «86258 Lena Case. 20 410 2 Cheston. 10 i 16 «620 Fieid.. nh nu “4 13 j aber tin! Chee TI THE GREAT FOUR-MILE HEAT RACE IN CALIFORNIA. SAN FRANCISCO, Nov. 10, 1874, In the sale of pools for the great running race on Saturday Tuad Stevens is the favorite, Katte ' Pease second choice, Joe Daniels third choice: Alpha, Henry Hardwood, Hubbard and Hock Hock- tog selling in the field, Goloncl Joe Dumelis and J. P. Gage arrived here ! last night. ANOTHER DESPATCH, SAN Franctsco, Nov. 10, 1874, The weather continues unfavorable for the post- poned trotting match between Occident, Judge Fullerton and Chicago, announced tor to-morrow, ‘Thad Stevens 1s the favorite m the pools for the reat $25,000 running race announved jor next Saturday, BASE BALL HRenefit of a Disabled Player. The Reliance Club of Brooklyn will play a pickea nine of swateurs on the Union Grounus to-mor- row for the benefit of Charies Hodes, who ts now confined to his bed sick, Mr. Hodes frst maae his appearance as a player in the Evkford Club. He then went to Chicago to play with the White Stockings, of that city, und afterwards returned to Brookiyn, He was one of tie reguiar nine of the Atianuic Uiub early in Lue last seuson, bat, owing to sickness, being unable to attend the duties of & protessional player, he retired and joined Reliance Amatcurs. He is deserving of a good benefit. It is hoped that this benefit will prove a substantial one. ABRESI OF A BOSTON THIEF, Deputy Superintendent Ham, of Boston, wrote | to Captain Irving a few days ago requesting that two men, who had stolen property to the amount of $4,000, and who were known to have come to this ctty, be arrested, Captain Irving detailed ’ Detectives Tilly and Hiedelberg to ferret out the thieves, aud yesterday they succeeded in arrest- ing & man Who was in the employ of Mrs. De Cainp, at No. 181 Lexington avenue, a8 @ servant, | The prisoner, who was tocked up at the Central Office, answers perectly the description sent irom Boston, oo