The New York Herald Newspaper, December 8, 1874, Page 10

10 " 'TILTON-BEECHER. The Bill of Particulars in the | Court of Appeals. Decision of the Courts Below Reviewed—The Case Remitted to the Discretion of the City Court, REE Te THE PROCTOR-MOULTON LIBEL. The probabilities are in favor of the soundness of the impression that the famous suit of Theodore Tilton vs. Henry Ward Beecher, which is on the | calendar of the Brooklyn Qity Court for trial to- day, will not proceed. Tnis opinion is fortified by ‘he decision tn the Court of Appeals given below. PROCTOR VS, MOULTON. Ex-Judge Fulierton and associate counsel ap- peared in the United States Cireuit Court, before Juage Woodruff, yesterday, to argue the order of the Court as to the amenament of the complaint in the case of Edna Dean Proctor vs. Moulton, by substituting the word “citizen” for “resident.” General Tracy appeared for the Plaintif. Genera! Prior moved to have the order so amended that the defence slall not be re- | quired to have their answer tothe complaint — ready for Wednesday next, that being the day set down for the trial oi the case. The order required | them either to admit or deny the allegation of citizenship and did not give them an opportunity to demur. General Tracy said to grant the motion made by the other side was to putoff the trial of the | action, and he did not want any postponement. =| Ex-Judge Fullerton was of the opinion that they ‘Were entitled to all the advantages the law gave them, and they were not responsible for any errors that haa occurred in the complaint, As a matver of law the defendant should have twenty days in | which to answer, The truth was, he had been ad- vised that the plaintiff was not 4 citizen of Massa- chusetts, but had been a citizen of New Hamp- | General Tracy “resident”? snire for the last twenty years. said that they averred she was a and not a “citizen,” and tne original aver- ment to that efect was amended to read “citizen,” mstead of resident, As for the twenty days asked for, the order granted Fequired that the answer should oe made on the day of trial. Ex-Judge Fullerton saia they pro- Posedin good faith to dispute the question of plaintiff's residence, and he expected to be able to show that she was a resident of New Hamp- shire. Wednesday, and he asked for leave to demur to the complaint or else have twenty days in whicn toanswer. The Judge said he would order the correction in the beginning of the complaint to Strike out the word “trial” and substitute the Word “action” therefor. He could not enter tain the other points raised by thecounsel at that time. | THE COURT OF APPEALS DECISION. Judge Rapallo yesterday delivered the opinion of the Court of Appeals, sittmmg in Aibany, on a motion made before it that the order of the Geuerai Term and the Special Term of the City Court of Brooklyn, delivered by Judge Neilson, denying the application of Mr. Beecher’s counsel that the decision in the suit of Theodore Tilton vs. | Henry Ward Beecher be reversed and that a bill of particulars be furnished to defendant's counsel. The opinion takes the ground that the courts below had aright to order a bill of particulars. The Appellate Court orders the cause to be remitted to the Court below, that its discretion upon the merits may be expressed, without costs to either party as against the other. The opinion delivered by Judge Rapaiio 18 concarred in by Chief sustice Church and Judges Folger and Andrews. Judge Alien gives a dissentient opinion, which 13 also g@iven below. Judge Grover brieny expresses a Goubdt as to the existence of the power to dismiss ‘the appeal as claimed by Judge Ailen, out never- | theless concurs in the dissentient opinion. THE OPINIONS. ‘Theodore Tilton, respondent. vs. Henry Ward Beecher, appellant. Wiliam M. isvarts for appellant: Roger A. Yor {OF respondent. Rapail, 4.—fhe only question arising upou the present appeal which 1s reviewable in urt is whether or not the Court below had power to grant the application of we defendant If It possessed ‘that power and, under the mistaken 1m- Pression that the power did not exist. denied the appll- Cation on that ground, we have jurisdiction, and it is our duty to correct that error of law and remit the case to the Court below, with a direction that the motion be heard at Special Term, on t va New York Ceutral Ra New York, 48; Brown vs Brown, Court, of Ap- November, 1874; not reported.) This is als Teo extent to ‘which’ we interiere with orders Made upon applications which do not rest upon strict dogal right, but involve an exercise of discretion on the the courts below. It is not contended on the rt of the appellant, and it would have been useless to contend, that the present application was iounded upon legal right or that it did not rest in the discretion of the Court; nor that if the order appealed from was the re- salt of fair exercise of that discretion we should be asked to review it. The ground of the appealis that the Judge 1 whom the application was originally mage at Special Term decided that he had “no power wt ayers the relief sought; that he erroneously heid that such relief could have been applied for under section 180 Of the Code of Procedure, and could be obtained by vo other proceeding: and that the defendant 1s entitled to have thiserror of law corrected and his application dul. considered, without being embarrassed by the legal ir 4 culties supposed to stand in the way, The first point for Francis D. | They would not be ready for trial on | NEW YORK HERALD, TUESDAY; DECEMBER 8, 1874.-QUADRUPLE SHERT. that bitls an ac- Wat cuaracter. Buti ts an error to suppose of particulars are confined to actions Involvi count or to aetions for the recovery of money arising upon contract, A bill of particulars is approp! te in all descriptions of actions mst | e such that jusuce dem prised of the matters for whi articularity than hey have been ordered in a vis vs. Chapman; Adolwh and Et Tress jobnaon vs. sey, Som with greater hove. by analogy to the practice in ctvil actions, ordered bills of particulars are {requent—viz, on an indictinens be common barrister where a general form of (Hawkins, P.O BIG, 83, section R., ‘Cominonwea!th t for nuisance to specity acts of nulsance ve. (Rex. va Cure Rigiaa ‘vs. Flower, aliowed. (dard vs. Smith, 6 Mood 1 Pick., 432.) cutor ‘has been rs of the separal he intended to , pro! Zad, and El, 815; SPutist, 25; and in w prosecution of embezzlement, Rex vs. Hodgson. $Carv. and Payné, 500), And in Engiana There ts aovliing more common at the present day thao to order particulars to be fled in an action for divorce, either on the ground of cruelty or adultery, and this is | done on the application either of the detendent or ip cases Where the the defendant of the person with Whom she is alleged to have committed adultery and ‘ates 20 and 21 Vict, ch. 85, is joined with espondent for the’ purpose of being muicted im damages. the: cases show very clearly the opinion of the English Courts, that a pill ot par- | ticulars can de ordered in an action of crim, con., | cause section °8 of the statute last referred to expressly | provides that where the alleged adulterer 1s named in petition as co-respondent the claim made by every such petition shail be heard and tried on the same prin- ciples, in the same manner and eudject to the same or the like rules and regulations as actions for eriminal conversation are now tried and decided in courts of | common law. Under this provision particulars have | been ordered on the application of the co-respondent as Wel as of the respondent (Higys vs. Higgs. Lt Weekiy | Box, 14 and sec.) Hunt va Hunt and Duke, 2 ow. | and ‘Prist., 574.) ‘The cases in which the complainal has been required to turnish particulars on the applic: | ton of the respondent are too Numerous to justify thet: citation here. There are nearly a dozen of them in | voiumes two and three of Swaby and Tristram’s Probate and Divorce Court Reports, which we | examined, and a similar order was made by the Supreme Court of in 1834, in the case of Adains va Adams. In this’ state Chancellor Walworth, In the case of Wood vs. Wood @ p. 108), Inid down the ru which have since governed in ‘actions between husband and wile for divorce, and rendered applications tor bills | of particulars unnecessary. It must be remembered that here, when the charge of adultery is deniea, the issue | must’ be tried by jury unless the parties consent to a duTerent moge of trial, and it is even doubttul whetner | Massachusetis, (6 P they should be permitted so to consent, but in a contested case the Chancellor laid down the rules as follows:—"The only safe and prudent course is to require the charge. whether of crimination | or recrimination, to be stated on the pleadings and in t the adverse party may Tr the persons with 4 are known they swer, aud te adul- tery must be charged with reasonable certainty time and place. If they are un! ‘n that fac be stated in the answer and in the issue, and the time and circumstances under which the adultery was com- mitted should be set forth. | Neither party has a right to make sach a charge agaitst the other on mere suspicion, reiving upon being able to fish up testimony before the trial to support the allegation.” The Chancellor here Speaks of secting forth the particulars in the answer because the case then before him was one of reerimina- tion, In the case of the Commonweath ys. Snelling (15th Pick., S2l) Chief Justice Shaw gave a very thorough ex- nination to the subject of the practice of the courts f common law, in requiring Dilla of particulars and the | principle upon whieh it is fou and after anexten- sive review of the authorities came to the conclusion that the general rule to be extracted from them was that | where, im the course of a suit trom any cause, a party | was placed im such @ situation that justice could not be done at the trial without the aid of the information | to be obtained by means of a specification or bil of | Darticul: the Court, in virtue of its gen- eral anthority, to Tegniate the conduct’ of | trials had power to direct such Information to be season: | turnished. The authorities cited by him are de- os in civil cases, but by analogy he applied the prin- e toa criminal | an order requiring the prisoner to furnish particulars of | his jnstifleation of a general libelous charge against a 2 magistrate. The same rule is laid down in a recent case | | in the Court of Queen's Bench, in Ireland (sarly vs. ith, Cyss. Com. Law, R., Appendix 35), when it was e on the authority of many of the same decisions which are cited by Chiet Justice Shaw, that the rule | which governs the courts in ordering particuiars to be given is that in all cases, whether trespass, trover or | on the case, the Court a feneral superintending | power anc control, no matter what the torm of the ac- | tion may If the complaint or declaration is con- ceived in vague and general terms, without specifying | the circumstances under or the occasions on which (he | plaintiff relies, and the derendant satisfies the Court b | affidavit that either for the purpose of pleading or of ae- | fence at the trial, it is necessary that the plaintiff be | | more specific anc’ more clearly define his cause of ac- . the Court has a general jurisdiction to order plaintiff to give & more ‘precise and specitic deseription of that, upon which he. reties. In | the case last cited a bill of particulars was | ordered in a case of oral slander, although no precedent conta be found for an order for particulars in such 4 case the Court determined thatthe circumstances presented to them brought the case by analogy within the reasons of those in which particulars had beeo | ordered, and that, therefore, they were authorized to | afford the reliet required. | authorities upon which these decisions were founded | will show thatin almostevery case in whicll detenda: | can sausty the Court that itis necessary to a fair trial | that he should be apprised beforehand of the particulars | ot the charge which he is expected to meet, the Court | has authority to compel the adverse party to specity these particulars so tar as is in his power. For mstance, in Doe vs. Phillips 6 Term, Rep. 597) an act of eject: ment was brought, It was made to appear to | the Court that the action was tounded upon the alleged forfeiture of a term of a lease by the breach of covenant | containeg in the lease. The Court ordered the plaintiff | to furnish particulars of the breaches of the covenants, of the times when, &c., he meant to insist that the ¢ | fendant had forfeited (he lease. To the same effect was | the case of Doe vs. Broad @ Man. and Gr. $23). Sec, in Davies vs. Chapman G AdoL and Ell., 767), it was held iN AD action for an escape the plaintiff mignt pro: be ordered by a judge to give a particular of the time and place, ound to us cases It was long since recognized that in | actions of eiectment to ascertain the precise premises | for which the plaintiff was proceeding the constant course ‘Was to obtain a bill of particulars. (Vischer vs Conant, al Cow., 54) As I have already shown, there fs no class of cases'tn which in England, even at the resent day, it is more common to order particulars turnished than in actions | aduttery is charged. If the cbarge | aud vague particulars are always | As early as the year in the case of the | proceeding for divorce against 'the Duchess of Norfolk before the House ot Lords of England (reported in 8 Hargrave’s state trials, 35, and teweil’s State trials, | YoL 12 p. 889), the Duchess demanaed particulars of the charge against her. They were ordered. ‘The com- | plainant turnished a statement that the person charged to have committed the crime with the Duchess was John | Germaine, of, &c., and that the times were Letween the months of June and December, 1685, and several times since, specifying places, | The peution of her husband was presented in 1682 To this charge coveringsix years, | she answered that the charge as to time an ce was, | too general and did not answer the end of the order of | the House of Lords. A turther and more definite bill of | particulars was then furnished, affording the complain- t an extenslve fleld for proof, but at the same time in- ieating to defendant the periods and occasions in Tespect to which she was calied upon to defend herselt. Without following the line of English decisions I come ‘ennsylvania as early 49), for at once to those of our courts in as 178. In the case of Steele vs. Steele (1 Dall., aiter issue was joined in an action for a divorce rosecution for libel. and sustained | A’ reference to a tew of the | t | @ body of ver; d 40 in actions of trover—Humphrey, 00; | existed exercise Was tm me aisoresico OF tne Py Sourt of Brooklyn, and the action of that ourt in ine cxercloe. of that diseretion ts not ihe subiect of re- view in the Court In one or more cases in which We have, thought the Court of original jurisdiction erred in sing to act by reason of a supposed want of er, we in the ord have reversed roceedings, to the qa that the Court might exercise the discretion the law vested in It, In these e: it appeared by the order ana record of the Court a} the decision of the Court below was placed exclusivel on the ground of tof power. Here we have not the recora evidence. motion at special erm Was denied for want of ‘rand for other reasons stated, showing conclu sively that Telief Was Dot ‘solely upon the ground that the Court had no power t, grant it The Clear inierence from the terms of the order is that the Judge doubted whether the Court wer to order th intofmavion to pe Tarnished: But iit had te powers proper case had not been made for the exercise of the Tf the opinion is re! to the sion will be arrived at, The Judge had evidently great doubts and inclined to the opinion that there was @ Want of power, but was also opinion that it was not a proper case for the relief tf the power ¢x- isted. The order, at the Genera! Term, surely affirms the order without the reasons, and ‘we must assume on the merits, it not appearing that it was aflirmed for any other reason. If the tact that it was affirmed under the statute by 4 divided Court, which 1s not stated in t! der, the result red ud oing or declariny that it ‘was amrme would be the same. The tacts giving | ourt juried. tion of the appeal must appear by the record. They do not so appear in the case. 1 am for the dismissal of the a) Sade Grover doubted the existence of the power, but concurs in the opinion of Judge Allen. THE 'LONGSHOREMEN. Affairs on the River Fronts Yesterday— The Strike Not a Success. There is but little that is new regarding the Nongshoremen’s strike. With the exception of | one or two minor lines, the steamship companies whieh formed the original combination to reduce the wages of these laborers have bad their work so well, 80 promptly and so cheerfully per- formed by the new hands and by those | mot belonging to the union that their sanguine anticipations have been more than met, and for ten days they have been able to secure all the labor they want at tne reduced terms, But the ‘longshoremen still present a bold front, and take evident pleasure in refrain- ing from work for any merchant or stevedore who | ts employing non-society men, anda under no cir- cumstance will they ever again work for the steveaores Walsh Brothers, who have rendered themselves so obnoxious to their organj- | zation. One step they were required to | retrace—the raising of the “general strike,” }as there were found, after ono week's | trialon that basis, some of their members, hus- | bands and fathers, who were painfully conscious that there was something wrong in the manage- ment which kept them idle and endangered the | subsistence of their families, and so they spoke Out against the despotism which put them in that position. The Governing Council saw their mis- take, removed the ban to those who could obtain | | work at the old rates, thus domg one sensible thing, for which credit should be extended | them, The fight 1s being prolonged, however, | by the union, and the leaders will uot see that it must prove disastrous, ey hope in time to t disasti The hope in ti t | Make such steamship lines as the Cunard, Na- | | tional, Inman, White Star, Anehor, Williams & | Guion, Pacific Mail, South American, Mallory’s, | Alexandre’s, Murray, Ferris & Co.'s and otiers | come to their terms, little thinking that by the une necessary defiance they are displaying these firms | | and corporations will in the future work for the de- struction of their union ana discriminate against | | ail ite members. | ‘The Anchor line feels satisfied with their hands | and consider they‘are now equal in efficiency to | | the society laborers. Last Saturday Messrs. Hen- | {| derson Brothers, the agents, despatched four y | Steamers and two sailing vessels, the cargoes which they took out amounting to over 11,000 | tons, an extraordinary week’s business even in the most prosperous times. pany will load and send to their respective ports | | two steamers and two Sailing vessels, ali louded | by non-union men. | | "The White Star line sent their regular steamer | | away on time on Saturday last, the whole of their | cargo being stowed more than three hours beiore | the announced hour of departure. Yesterday the | | d f Yi | Oceanic arrived, was docked at noon, and shortly | | aiter the work of discharging was commenced by | ) superior men, under the superin- | ir. John Walsh. ‘The agent o1 the | | line will not again empioy union men under any | | circumstances. | Tbe City of Antwerp, of the Inman line, will sail | 10-day at two o’clock. ‘Ine delay in her departure | | Is not due to the new ’longshoremen, so say tne | | Officers, but to her long passage and tue peculiar- | | ity of her cargo, The England, of the National line, also a de- | | layed steamer, will be loaded to-day and sail at | once, Messrs. Murray, Ferris & Uo., of the Savannah | | line, are still working non-soclety men and ex- | press themselves satisfied with thetr labor. | .,The union, mei obtained another temporary | | victory yesterday in the State line employing , | them at the old wages, and several of the agents | of the sailing vessels are aiso doing the same | rm | the latter, however, that the current wages will | MOt be paid alter the vessels now loading have | sailed, | | MAYOR VANOB AND THE DEPARTMENTS. | Those Vacancies—The Charges Against | the Commissioners ef Charities and | Correction. | j The Mayor’s office was crowded yesterday with | visitors, Regular routine duties of the Execu- | tive necessitated the admission of numerous callers, but tne vacancy of the places of Commis- | sioner of Charities and Correction Laimbeer and Dock Commissioner Gardiner brought an influx of gentlemen interested in particular favorites for | these two offices, 7 Mayor Vance was called upon in the afternoon by a HERALD representative and questioned as to his probabvle appointees. He remarked that he | | had under advisement the appointment of Mr. | William Albertson for the posttion of Dock Com- | mussioner, He did not say specifically that he | tendence of | conviction of Schw: This week the com- | oy It ts the opinion of the owners of many of | g, | would, no doubt, reveal what kind of a blow |*ter received. the tion of affairs in consequence oF tne one of their number, it was agreed that it would be best to take out a full license each on the terms of the Excise Board to avoid further embarrassments and entanglements. The Schwab case Was also under discussion, and some further efforts are to be made to-day to pro- cure his release. ACCIDENT OR MURDER? Mysterious Death of George Hunter— Si lar Details of a Sudden End— Diversity of Evidence and Opinion. A somewhat mysterious case of suspected foul Play which resulted in death came to light yester- day morning. Mr. George Bunter, bookkeeper tn the employ of the Scotsman, a weekly periodical, 1s the victim, amd the circumstances of his death are suMcientiy remarkable to warrant a more than usually searching inquiry, Mr. Hunter boarded at the Anthony House in Broadway, near Thir- veenth street, and was last seen at the hotel on Saturday morning about eleven o'clock. He then had $88 in his possession, with which he went down town to his office, There he ts supposed to have remamed but & short time, as he was seen at a quarter-past one o’clock on the corner of Broadway and Twelfth street, having at that time some $80 in Nis possession. From there it would appear that he went to a liquor saloon on Fourth avenue and bought a cigar. The proprietor of this place says that Hunter was very much under the imfluence of liquor at the time. Hunter alter leaving the saloon, it would appear, went to the Mouse No. 100 East Thirteenth street, and asked for a Mme, Fulton, who had sold out the place some few days before, and who had a very bad reputation with the po- lice, He was so informea by @ Mrs. Small, who had succeeded Mme. Fulton, bat despite this Hunter remained in the house, Alter some ten or fifteen minutes he was seen to be carried out of the place, apparently insensi- ble, by @ man and a boy and deposited on the side- walk, where he was left. An officer of the Seven- teenth precinct came up in the meantime and thinking the man drunk he went for @ cart to take him to the station house. When the poilce- man returned he found the supposed drunken man in the hands of Mr. James W. Oollier, John Garvey and another, who said they were his iriends and wouid be responsible for him, Tre policemen then let them take charge of Hunter, who was taken to the engine house near by, where attempts were made to revive him. It was only then noticed that blood trickled out of his rignt ear, but this was not considered serious and more efforts were made to vring him to. Hours | paaned. in this manner until, at seven o'clock n the evening, Mr. Collier grew alarmed and went to iniorm Mr. Merritt, of the Anthony House, of the accident. It is necessary to state kere, however, that shortly after the unfor- tupate man had been conveyed to the engine house bis pockets were searched and only $16 and some cents found upon his person. A silver waten, which he wore in the morning when he left the hotel, was also wanting, and these facts, besides the state the man was in, pointed to the commission of a crime. When Hunter was conveyed to the hotel he was still in- sensible, A doctor was then sent for, who pronounced lus skull fractured beneath the right ear. The most stringent means were employed to bring him to a state of even | semi-consciousness, but Lo no purpose ; and though he remained in fact alive, to ali intents and pur- poses he was dead. He lingered until yesterday bee atseven o’clock, when he breatned his ast, ‘There was a sufficiency of mystery in this case to make an investigation Deedful. Coroner Kessier held an inquest vesterday, but as no post- mortem exanunation was held to develop whether the man had received a blow with an instrument | had been wounded accidentally, the inquest Was practically useless. The autopsy will prob- ably be heid to-day. A HERALD reporter called upon Mrs, Small, in whose house either a tragedy | or an accident took place. This person said that Hunter came to herdoor on Saturday, about two o’ciock, and asked jor Madame Fulton, who had kept the house before her. She answered | irom the first landing that Madame Fulton had left | the house, but Hunter ascended the stairs slowly and, 4s she judged, was very much intoxicated. When he reached the top he faliered and, lettin; go the banisters, fell his full length oackward an rolled down to the bottom of the steps, and there re- mained motionless. Mrs, Small grew alarmed and | called @ plumber, Who was working Up stairs, and @ boy and had the man carried out and placed upon the sidewalk. This was all. The man did not even reach the top of the stairs and made no exhibi- lion Of apy money or jewelry of any description. - If he lost this money it was somewhere else, Patrick Lynch, the plumber, who carried the boay out says that he was going up stairs to his work when he heard a heavy step coming up the | lower stairs from the sidewalk. He looked down and saw @ man ascending, whom he judged to be drunk. A moment aiter he heard a heavy fall, and looking down again saw the same man at the bottom of the stairs. There was no scuiie or biow truck. Captain Siebert states that he has made some © Investigation of tue case and sees no reason Wo | beueve that any foul play was indulged in, From a mass of evidence collected it 1s | evident Hunter was very drunk, and no doubt | fell down staira. The py tie eee of the money could be easily accounted for from the fact of his | being drunk, On soslim a basis it would not be wise to make any arrests. The Coroner's inquest un- Mr. Merritt, the proprietor of the Anthony House, was also seen, but could throw no | additional light on the affair, but he insisted the dead man had a watch, which has disappeared. Hunter was about forty years of age, was vern in | Scotland, and jormerly resided in Buffalo, He has relatives who will, no doubt, claim nis remains. THE MOONEY HOMICIDE Coroner Eickhomf yesterday concluded the inves- tigation previously commenced in the case of Mary Ann Mooney, late of No. 514 East Fourteenth street, whose death, 1t was alleged, bad been caused by violence received at the bands df Ed- | fictencies in Mr. Burrows’ accounts but $33 can be | DESTRUCTIVE FIRE AT EAST HEW YORK. Eight Houses and $55,000 Worth of Property Destroyed. About two o'clock yesterday morning s fire broke out in a three story frame building on Ay lantio avenue, between Butler street and Miller ‘avenue, East New York, & suburb of Brooklyn, ‘which is remarkable for the number of conflagra- tions which have occurred there. The fre was the work of incendiaries, or “fie bugs,” as tne verdant guardians of the peace, property and pub- No morals of that outsxirt of the churchy city de- light to designate the vandals who appiy the de- structive torch, Smoke wad seen tssuing from the second building in biock of eight domictles ‘@t the hour named, by an oficer of the police, who gave the alarm. The village fre department turned out slowly trom their quarters, but owing to the insuMciency of water were unable to render much assistance in suppressing the flames, which rapidly communicated to the adjoining structures. The tenants escaped out of the burning bouses into the cold December night, saving but little of their effects. Eignt houses were entirely demotished, The ofMcer who discovered the fire ascended the stairway of the building and found that kerosene ol! had been spilled over she stairs and floors, and it was with the utmost ditculty tue lives of the inmates were saved, so dense was the smoke, Five of the buildings were owned by G. G. Guild, of New York; two by M. Resseguie, a lumber deaier of the East- ern District. and one by J. 4. Wanley. The loss on the houses, which were vaiued at 35,000 each, amounts to $40,000, The insurance on Weniey’s house amounted to $3,000, in the Hartford and New York companies, Kesseguie was insured in the Wilitamsburg City Company and Guild in va- rious companies, whose names could not be ascér- tained. ‘he lower pat of the building waa occu- pied a8 stores by J. Ackerback, G, Honing, 4, mbert, J, Cook and F, Stuble, ali of whom their stock, and imate their combined loss $15,000, Mra. Manley, a tenant of one of the burned domictles, was overcome by the smoke, and is in a very critical condition attendant upon the occurrence. A reward will be offered for the arrest of the incendiary. DASTARDLY OUTRAGE IN JERSEY, In Evesham township, Burlington county, there 1g a public schoo Shortly after the dismissal of the pupils on Friday, a young 1emale teacher was alone ip the building arranging some books, when two rufians entered and, seizing her, stripped at her of every article of ojothing, which they packed up in @& bundie and_car- Tied away. Stra to say they offered nge no further indignity.” She was prevented trom making an outcry by the threats of the scoun- dreis who held herin @ state of abject terror, They were regular tramps who were unknown in the locality, After they had departed the young girl attracted the attention of the neigh- ors Who furnished her with clothing anu enabled her to proceed toher bome, An alarm was im- mediately given and the perpetrators were cap- tured and lodged in jail. BROOKLYN TAX OFFIOE DEFICIENCIES, The Board of Audit made their annual report of the result of their investigations to the Board of Aldermen yesterday afternoon. They find that in their examination of the affairs of tne present Collector, Samuel Burrows, a deficiency of | $4,163 57 occurs. Of this sum $4,129 87 was | caused by retaining payments on accounts of taxes, the amounts receipted for not being en- terea in the cash or returns ofthe same made to the city or county. The Deputy Collector, A. W. H. Gill, was arrested upon the discovery of this deficiency. During the administration of Mr. Isaac Badean, from July 1, 1866, to July 1, 1872, deficiencies amounting to $128,291 41 were discov- ered, and of this amount $5,735 34 was traced to Captain A. W. H. Gill. During the administration of ex-Collector Driggs the Board of Audit found, from July 1, 1880, to July 1, 1866, deficiencies amounting in the aggregate to $23,749 82 The | Board takes occasion to bear testimony to the valuable aia rendered by Mr. Burrows in their tn- vestigations of the department. He surrendered all Ciaim to dupiicate and over payments on ac- count of taxes and assessmenis, as well as all | other items which geem to have been considered | perquisites by nis predecessors, and the manage- | Ment of which ne personally assumed. Of the de- ascribea , to clerical errors. The remaining | $4,129 87 seem to be traceapie to, and caused the arrest of, an old and trusted subordinate, FUNERAL OP A POLICE OAPTAIR, The funeral of the late Mr. yohn Benson, Captain | of the Fourth precinct police in Jersey City, tuok | place yesterday, from his late residence on Lex-’ ington avente. The remains were taken to the Baptist church on Madison avenue, where the | Services were performed by the Rey. Mr. Romaine. The police force, to the number of 140, including | Captains McHarney, Van Riper, Glenney and Dick- son, a8 wel! as the Police Commissioners, marched in procession, Sergeants Smith and Farnham, besides the captains named, acted as palibearerd The body was interred in the Bergen Cemetery. | Oaptain Benson, though comparatively a young © man at the time of his death, was one of those | ‘aitaful, active oMocers upon whose record there Was no stain. ——__+o+—__— | MARRIAGES AND DEATHS. | Married. ' ROGERS—DARLING.—At Cold Spring Harbor, on Sunday, December 6, 1874, by the Kev. Dr. Vogel, | RogEns, artist, to Mania, widow of the late Captain N. Darling, United States Army, both for- meriy of New York. No cards, Died. ANDERSON. Sunday, December 6, ata quarter to eleven A. i Peres 1B, ANDERSON, aged 65 years, | 1 month and 14 day: Foneral services at his tate residence, No 119 | Elliot place, near Fulton avenue, Brooklyn, on | Wednesday ' afternoon, December 9, at three | o'clock. Relatives and friends of the family are two o'clock P. M. | scarlet fever, | Tuesday, December 8 at eight o'clock A. @ence, 42 West Twenty-Gfb street, this day (Tuesday), at ten o'clock. Eppy—At Harlem, on Sunday, December 19%4, CHARLES 8. EpDy, only son of Jonn M. ani Barab R. Eaay, aged 3 months and 25 days. The funeral! take place {rom the residence of bis @parents, Mr. and Mra. Lawrence R. Kort No. 149 East Fortieth street, this Gay. (Toes aay), December 8, at hal/-past seven P. The latives and friends of the tamily invited to attend. GaRpwen.—Suadenty, on Priday evening, De- cember 4, Wiuiiam GARDNER, Commussiones of Docks, in ‘the 55th year of ws age. ° special meeting of the Board of Trustees Of the Bond street Savings Bank, held on Monday, Pome #, 1874, the folowing winute wae pree pAlisnotoro) chant, on Friday, the 4th (ust. suddenty sum- moned : w Wiktam ‘Gardner, & moss highly esteemed member of suis Board. Inasm a8 it le fitting that his surviving co-truste bear testimony to the ate! ness of which we were eye witnesses was with us, and deeming it our daty to piace Tecord our sense of the loss that nas been sus> tal his sudden and untimely death, him ane who in all the Of lie, both as a Christian and ® Dist, a8 @ citizen and # mer- came fuily t the standard Sean ane ube aa "wR whe N at : wi smal privilege to be Mo ce in reverence to the inexorable flat which called so upexpectedly away from many spheres of ness, which he so well Niled and in which he had been a faithiu! steward, and deeply deplort ftir pannes, to" bia bereaved. widow and sincere a loigne, ¢ 5 thetr aMictton. HSROE prmpasas. io Resolved, That the members of thts Boa ttend the tuneral services of our and associate, at the Seventh byterian church, corner of Ridge and Broome streets, in this city, on ini reed Ab aise fans . Me Gmcae Oh Meee! De wre nee yn Monday, ember 7, }, JOHN GRAHAM, the son of David and Margaret pe ae erg Eg oo es and Iriends are respec’ attend the funeral, from due touaeeen Ne oie: East Twenty-third street, on Tuesday, the 8th» inst, at two o'clock. GRIFPIN.—On Sunday, December 6, at her resi-- dence, 266 West Nineteenth street, KaTIz GRIFFIN,. of consumption, in the 20th year of her age. The remains will be taken to Albany ior mter- ment this (Tuesday) evening, HaMILron.—In Brooklyn, on Monday morning,. December 7, after a lingering illness, Mrs, MARY” Davy HaMILton, relict of Horatio S, Hamtiton, Relatives and iriends are invited to attend the funeral services, at the residence of her nephew, E. A. Starr, No. 148 Varro! street, this coy. ee Gay), at hali-past three o’ciock P. M. maing will be taken to Danbury, Conn., on Wednesday, for interment, Hanps.—On Sunday, December 6, 1874, JOSEPH: . Hanps, in the 49rh year of his age. Relatives and iriends of the yes pt he also the: members of the Star of Bethiehem Ne } ge lle F. and A. M., are respectfully invited atten his funeral from his iate residence No, 86, North Oxiord street, Brookiyn, on Tuesday, ber” 8, at two o'clock. HILGER.—At Lennep, Prussia, om Monday, December 7, suddenly, FREDERICK WILLIAM: HILGER, aged 58 years, senior partwer of the firm: of Hilger Brothers. JACKSON.—At Orange, N. J.,0n Saturday morn- be] eter | 5, Jussig D. E.,wife of R, D. Jacks rvices at residence, Centre street, at half ast two o'clock, on luesday, the 8th inst. Trains» leave Barclay and Christopher streets at one: Cire Carriages in waiting at depot on arrival: Jonxs.—On Sunday, December 6, CHARLES W. Jones, Mfant son of Richard and -Georgiana J. Jones, aged 1 year, 10 months and 14 days, Relatives and friends of the tamily arewespect- fully invited to attend the funeral, at the resi- dence of his parents, 243 Delancey street, this day (Tuesday), at one o'clock P. M. KEEGAN.—On Friday, December 4, after a shore but severe tliness, Miss MARGARET KkKGAN, in the: 25th year of her age. KELLY.—On Monday, December 7 JAMES KELLY,, @ native of the parish of Anegelitite, county Cavan, . dJreland, in the 62d year of nis age. The relatives and iriends of the family are In- vited to attend the funeral, on Wednesday, Decem- ber 9, from his late residence, 100 North Seventh» street, Williamsburg, at two o'clock P, M. Luyster.—In #rooklyn, on Saturday, December 5, after a brief iliness, Davip B, LuysTgr, to the~ 28th year of nis age. The relatives and friends of the family are re- sSpectfully invited to attena the funeral, from his’ late residence, No, 555 Lafayette avenue, Brook. lyn, on Tuesday, December 8, at a quarter past ten A.M. The remains will be taken to the Mo- ravian church, Staten Isiand. Carriages will be in: attendance on arrival of the one o’clock boat from New York. Moore.—On Saturday, December 65, 1874, JOHN: WHITLEY MOOKE, aged 36 years, of the firm of P. Hanford & Uo. Relatives and friends of the farfly are invited to attend the juneral. ‘rom lus late residence, No. 126 Lexingtou avenue, on Tuesday, December §,.. atten o'clock A. M. MosryN.—On Saturday evening, Decembef 5,. BERKELEY MORTIMER, son of Berkeley ana'the = Mary L. Mostyn, aged 4 days. Mvpray.—On Saturday, December 5, at No. 1,050» Broadway, Brooklyn, H. JOSEPH MUBRAY, aged 4“ ears, ‘4 Funeral from R. M. Demili’s, No. 1,038 Green renee on Tuesday afternoon, December 8, at tro o’cl se NaTHAN,—Op Saturday, December 5, Dona, wife a ne Nathan ana daughter of the late H.N.. ar’ The relatives and friends of the family are in-- vited to attend tue funeral, from her iste resi- dence, No, 218 West Forty-fifth street, on morning, December §, at ten o'clock precisely. O’DONNELL—In Brovkiyn, on Saturday, 5, 1874, alter a very severe illness, ANNE, the wife~ of James O’Donneli, and youngest danghter of Sylvester and Bridget McNamara, formerly of the: parish of Qujpn, county Clure, Ireland, The friends: the tamily are respectfully tnvitea. to attend the funeral, from her iate residence, No.. 135 Smith street, on Tuesday, December 8, 1874, at POLHEMUS.—Ov Sunday, December 6, 1874 of MAUDE VINCENT, only child of: ‘Thomas E. and Stephunia A, Polhemus, aged 1 year, 6 months and 27 days, Relatives and friends of the family are respect- Sally invited to attend the service, held at the~ residence of her parents, 131 Clymer stree or the funeral, trom the residence of her great grand- Parents, Vincent House, Tarrytown, on Tuesday,. at two o’elock P. M. ward Mooney, her husband. Dr. Vorlin, who saw | respectfully invited to attend, our consideration is whether, in faci, the case was dis- | Crucity, the Court held thatnotice ought to be given ot the | dor in the Court below on the question of power. tended would select this gentleman. It is gen- | _ BARTHOLOMEW.—On Friday, December 4, after a PURCELL.—On Monday, De THERES. Efe was, we are then called upon to Yeelde whether of | {4°ts intended to be proved under the general sllegations | erally understood, however, that be will | deceased belore her death, testified that she told | snort illness, MaGGIs RYAN, the beloved wife of | Lintan PUNCELL, aaugatse of Thomas ead isllon Bot the power existed, and if we find that it did. the | the libel charged that the respondent on the l0th of | be the successiul compeutor, as Mr. Albert. | Bim The jury rendareie verciot aa iy | Henry Bartholomew, aged 20 years, at No. 880 | Purcell, aged 2 feare and 8 months. . defendant ts entitled fo the unembarrassed exercise of discretion of the Courtin which his cause is pend- fog upon the question whether or not jus fice demands that bis application be granted. ‘The best evidence on the first point is the order of the Court, denying the Jeiendant’s motion. This order re- cites, among other things, that an order bad before been &ranted requiring the plaintiff to show cause why he should not deliver to the defendant's attorney ‘a state- ment in writing of the particular times and pi which he expects of intends to prove that any acts of adultery or criminal intercourse took place between the fendant and the wife of the plaintiL” Lt denies the ‘Motion on the ground that the Court bad no power (o grant the same and on other grounds stated if the words “and on the other grounds stated” bad been omtt- ted, it is very clear that the order would conclusiveiy establish that the motion was denied solely on the round of a supposed want of power to grant it. What 4 tion, ben, was intended vy the insertion these words? We must sup- pose that learned Judge reterred to the grounds stated by himseif in the opinion which he delivered cotemporaneously with the order, and in which he set forth the reasons for his decision. Any other supposition Would be unreasouabie, This opinion pre- sents with much torce the reasons for holding that he had no power to grant the motion, But in no part of it does he say that he has exercised retkon ag to che merits oj the application and determined that it shouid We denied upon the ments. The learned Ju.ge, aiter commenung on the subject of bills of partic tions of tort, and showing that ordinarily they will Hot be granted in that class of actions, aays:— have said, the question is as to the power of the Court,” Sud he proceeds to sustain his position that the Court have obtained an adequate rémedy by a motion under ho such power by arguing that we defendant could | June, 1799, at the county afor plaees committed adultery with Esther | other lewd women to the plaintiif unknown, and the | Court held that unless the complainant betore trial specified in a written notice the times and places and | attendant circumstances she should be confined in the | evidence to acts of adultery committed with Ester Paimer. In Massachusetts, in 15%, in the case of Adams id and at other times | vs. Adams (16 Pick. , 254), the libel for divorce charged | | acts of adultery genet articulars was ordered. Most of the authorities whic! have men- tioned consist of adjudications prior to the amendment ol 9 w section 158 of the code of procedure, which is in these words, “And the Court may in all cases order @ bill of particulars of cla‘in of either party to be furnisher aind that we are dlacussing simply @ question ot whe im the case before us the Court below has ily, and a bill of ower, power to order particulars to be furnished ;not, whether upon | rt below | ought or ought not t have ordered particulars, but | the facts disclosed by the affidavits the whether it had the power to dowo. If it made a mistake 2 that respect we must correctit. If the code had been nt upon the 9th fon would thority of the Ci beiore accustomed. y section 158 to order particulars in all cases, | especially when read in view of cases which have teen and in which particulars had been ordered would seem to place the question beyond dowbt. Many of the argn- ments on the part of the plainti are more proper to be addressed to the c of original jurisdiction on the of the exercise of tts discretion than to this claimed that An important element in sists of confessions made by the niessed the acts vo hava the | It must be borne in | e | AR RROEDT AE, | Pty 1 $ But the express authority conferred | case co nd that if particulars are ordered it will be | anda perfectly | |; son is @ strict republican | in politigal accord with the Mayor on this head. As to Mr. Laimbeer’s successor, the Mayor said he had not yet accepted that gentleman’s resign: | tion, and until such course had been adopted there would be necessarily no appointment made. | The communication received in answer to | alleged charges as to favoritism extended to | ‘tweed will not be given to the press before to- day. Mayor Vance says he is engaged in investi- | gating those charges. This investigation, it 18 said, does not consist in the examination of wit- nesses, but simply in general inquiry, Corpora- | tion Counsel Smith was closeted with the Mayor on this point for a brief time during the day. As to the nature of the answer of the Commuis- | sioners of Charities and Correction to those allega- Tweed on the ground of bis state of health, as cer- | | Ufied to by the Black well’s Island physician, | | EXOISE AFFAIRS. | Charity Above All—One Hundred and | Seventy-One Licenses Applied for Yesterday. The Commisstoners forming the Board of Excise had their regular weekly meeting yesterday in the | rooms at the corner of Mulberry and Houston | ; Ireland and by trade a boil nothing to say In relation to the charge against | and the Coroner committed him to the Tombs. He, however, will be released on $1,000 bail, provided he can secure a competent hondsman. The prisoner ig jorty-seven years of age, born in ir maker. He had nim, THE BROOKLYN MURDER, Thomas Coyne, liquor dealer, proprietor of the saloon No. 5 Hamilton avenue, South Brooklyn, who was shot, as alleged, by John Dougherty on Sunday night, died at the hospital yesterday morning from the effect of his wound. The anoot tions it is surmised that they base any leniency to | ing is said to have been accidental. Coroner | Jones will hold the inquest on Friday next | Dougherty was arraigned before Justice Delmar | yesterday and was committed to await the action of the Coroner's jury. THE JERSEY CITY MUBDER, Police Justice Keese Sets Aside the Ac- tion of the Coroner, Michael Gilligan, who was exonerated by the coroner’s jury in Jersey city from all blame in causing the death of William Livingstone, was t Forty-eighth street. | AYLES.—At Tarrytown, N. Y., on Sunday, | December 6, 1874, NATHANIEL BaY ss, in the 4th | year of bis age, | The relatives and friends of the fa are re- | spectiully invited to attend his funeral, from his | late residence, Main street, on Wednesday, | December 9, at two o’clock P. M., without further | notice, The remains will be taken to New | Rochelle for interment. Oarriages will be in wait- | bes at the depot. | ENNETT.—On Monday, December 7, after a se- | vere illness, HENRY BENNETT. | The relauves and friends of the family are re- | specifuily mvited to attend the funeral services, to be held at his late residence, 36 West Twenty- | fifth street, on Wednesday, December 9, at one | | P.M. The train tor Woodiawn Cemetery leaves | Forty-second street depot at . ML BOYLAN.—n Sunday, December 6, ANN BOYLAN, beloved wife of Michael Boylan, @ native of county Monaghan, freiand, aged 35 years, The funeral will take place on Tuesday, Decem- | ber 8, at one o’clock P. M., jrom her late residence, | No. 647 Tenth avenue, Byrnés.—On Sunday, December 6, 1874, Mrs, | | JOHN BYRNES, formerly of the parish of Kildimo, | | county Limerick, Ireland, in the 65th year of her age. Relatives and friends are invited to attend the funeral, irom the residence of her son, 164 East | Etghty-fourth street, on Tuesday, December 8, at | Of the family are invite The funeral wii) take place trom the realdénce of her parents, 111 Tenth street, Brooklyn, E. D,, om Wednesday, December 9, at two o'clock P, M, QUINTARD.—On Saturday, December 5, of diph- therta, SALLY WATERBURY, Second daughter of John: A. and Mary A, Quincard, aged 6 years and IL | Months, Funeral services at the residence of her parents, 175 Carlton aveoue, Brookiyn, at hall-past nine o'clock Tuesday moruing. Relatives and friends to attend, The remains: will be taken for interment toStamford, Oonn., by the one P.M. train New York and New Haven Ratlroad, RAFFERTY.—At four A. M., on Monday, December 1, 1874, Mrs. MARY RAFFERTY, a native of parish of Kill, county Westmeath, ireiaud. The funeral will take place from her late resi- dence, 610 East Eleventh street. The remains will be interred in Calvary Cemetery at two P. M. on Wednesday. Friends of the family are respectfully invited te end. REID.—On Monday, December 7, HvuGH REID, aged 32 years. he remains will be removed from the residence: of his brother-in-law, Jonn McDermott, 1,643 Sec ond avenue, this (Tuesday) morning, at pine o'clock, for interment at. Poughkeepsie, N. Y, SoH ARFF.—At Newark, on Sunday, December 6, Pa ipa ©, wife of Adrian Scharf, Esq., in her “1st year. . The funeral services will be neld at the North Prove that he streets, The most important topic discussed Was | nevertheless retained in custody and brought be- Seats ee tens cous te make the compiaint more | been’ committed at the dates specified in the one o'clock P, M. | Reformed church, Broad street, Newark, on &nd wie remedy. After acaretal examination gf the | Vil, Of paricuiars. This is an imaginary dim. | how to preserve for the beneft of tue poor the | fore Justice Keese in the First District Police Court | Limerick papers please copy. | Wednesday, the gth inst., at two o'ciock P. M. opinion we are satistied that i: does not in any substan. | CUity. TS) would | be apes ole onup bore that any | money received for licenses between now and the | yesterday morning. The Justice informed him CARROLL.—Alter & long and severe fllness, JAMES | Relatives and friends are invited to attend with- tial respect quality the statement in the order that the |. [ripGnal, Of OFlinary Inullige nce ada evidence of ren Th | CARROLL, & ative of Castlematyr, county Cork, | out further invitation. Carriages will be in wait- motion was denied, on the ground ot want ot power, | particulary in such form ast exclude evidence of gen | 1st of January, The reason for the discussion 18 | that even in the face of the verdict of the | Ireiana, in the 62d year of his age. | ing’at Centre sireet depot, Pennsylvania Railroad, po A RD tgs oataled are, thata diferent | cave of Codrington va Codrington, Andrews 2, swab and | that there is now @ doubt that the money re- | coroner’s Jury he would hold him in custody Funeral will take piace on Wednesday, Decem- | on arrival of train leaving New York at one o'clock fined to the one thus provided. This being the shape in ist, $64, After an order for particulars nad been | ceived or paid to the Chamberlain after that date | a8 @ accessory before the fact, ‘The | ber % at two o'clock, irom his late residence, 170 | P. M. whieh the case comes beiore us, we think tuat itp ted the complainant delivered particularsin which | an oe given to the charitabl Justice added that he took this action, | Madison street. SIMONSON.—On Sunday, December 6, of paralysis, uestion of law, ard is therefor bie he alleged that the respondent had, committed frequent | SOT Oe Teen ey SONG teat atone, | as he considered the sald verdict was not in ac- Vonrry.—In Jersey City, on Sunday, December | Jonn R. SIMONSON, in the 58th year of his age. {aay not be absoiately esse f the qeee’| Sine ee ney ve wenn antene ea nee Cr aationnen: fil teat, Authorities | cordance with the evidence. Kadward Cosgrave | 6, after a hngering illness,” Mrs, Jan& Uonrry, the | \ Relatives and iriends of the family are respect- tion whether the particulars sought could tained ander section 160, by complaint more detinite and certain. If the power to order particulars existed before the enactinent of thas section it ls not thereby abrogated. The inost that could said upon the subject is that, if section 16) affords an appropriate remedy the Court might require the party to resort to that remedy. Both remedies might consistently exist together; but es much stress has deen laid on the amarcion that « Femedy could bave been obtained ander section 16), that it is proper to in whether oF not that position is sound. "The language. of the section i, “When the alle- Bations of pleading are so indefuite or uncertain chat t ture of the charge or delence is not apo { ‘ he precise natureot the re oa | Semapeny y nas 42 make the discloenre sought will | as the law permits them to hoid it, would perhap' Getinite and certain.” It will be observed that itis oniy | With’ the piaintit'e witneaes, This “argument | €2,!0¢0 the city’s sinking fund, ree precise nature of Ly ge Lt ges of has deen used in many of the ca: to which The business of tne Excise Department was at an applicabon can oe made under this section. It | | have rererred ans has been uniformly rejected. The | Greater yesterday than ever before, ‘Tne rooms of eee eee aE the tere ot the sheer nite etavemene in ie | principle upon which orders tor particuiars are granted | the department were thronged ali day, and atone pleading o1 oe pacaras he charge intended to be made (he Ad valucement of justice and the preventing of sur- | time it was Decessary to close the doors, About ine a vince, For the particulars or circumstan: Prise at the trial The Oourt must see that botn pi 171 persons appited for licenses and pata wo gi cee of place. For re rairly deals with, and itcannot be presumed that It | the Mepartmedt moOUt $12 000) Tha eat over vO | aay Spanien ons, will make any order which shail shield the defendant | ¢! ; 4 . The conviction of ? order n e es yak nek ce coun ene ee appli m r pss ae not w decide. all that | the few members of the Liquor Healers! oe ‘section 160 to make the complaint more aefinite | Ye tec! ei, sey ag ee mv Association cannot overcome. Since hate od certain. is no uncertainty or indefinitenyss regurd to the nature of the charg» made against the fendant The difficulty under which he claims to be boring is that the complaint does not point out the times or occasions when the alleged oftences are ciatmed fo have been committed, but avers ay that they ted on 10t0 of October, and divers Gthor days snd time: tt com! ns of action, thus covering @ | en, int. The answer that in the present | Cise Board is unwiiiiag to pursue a policy of op- ana ot we eA reAT fhe tetion, having A ig AO 2 that the ‘orders, of, the i wai | pression toward tie liquor deaiers who repent of ties view onl wo ees e BLLION “ao ‘ by the wenn Were ever ‘committed but elaine Ter can’ divided to oration, tat:| tas lame O At, Dus is determined to enforce ir ice farnuedith'clartciue | Haut TRL Rt treat cattle aa a sss wo rt ir nm law: a the time and piace in order that he way summon wit. [ret wien & thas tae eeber st00d ai Aiironed, the Sw6 Meeting of snloon Keepers. py i 4 Judges disagreeing. Per sentind 2 te foes prders ot The German Saloonxeepers’ Central Organiza upon Which the piaintift nar Fely to ewablien the papa Ie A thesace remitted, we | HON held another moeung at the Germania As- ha: joney demands, con- | heard at si} i Term, that {ts discretion may be oxer- | sembly Rooms yesterday to discuss the excise D ilo pertioulars nin ee transact out of whioh the ve arisen granted alinost ig 40 common artical ai rererkine W particuiars of | ted ness 18 mulae that race's bl inary understood as = Bree is spoken of § Pt application tw make the | at Malta, and during @ journey in Switzerland, Savoy, “ardinia and elvewhere. for further particulars, and it appearing that the charge was founded upon’ the contents of a diary and letters of the respondent which hal come to the petitioner's hands, it was ordered that uniess petitioner gave further particulars he shoud be confi in his proot to the confessions contained in the diary and letters. [tts (artner urged that the defendaat in such a case needs no specifications of particulars because ke Knows better than any other, out one, the details about which he seeks iuformation, This ls petitio principti, it | a#sumes that the defendant has committed the acts with | which he is charged, while the very question to be tried ft to that in deciding that an error in law which require: A point {s made on the part of quires notice. It weontended thi in affirming the sumed to ha m the i ch power it committed to reverse its decision. well as pei ciwed upon the meric, (Churoh, Ubief Justice; Folger, apallo and ‘Andtowe) bs Aen Smif the, Sour elow bad mot the p leony Jom art belo no} krant he motion the ardar sh gid be adirm wer to If the Application was made | tes whether or aot be has committed them A further plaintiff which re- it the General Term, ler of the Special Term, mast be pre- passed won the merits on the facts as upor axe, and the decision in Tracy vs. Altemeyer (46 G. Mae) 1s cited in support of | she law approved jast June will then have lost its effect, The Excise Commissioners are required to | pay over to the Chamberlain «ue money they re- ceive for license fees at least once a montn} but | they have been in the habit of making payments | more irequently. AS @ result of th distussion | Chambertain as often as he thought proper, daily | M necessary. By this means the Commissioners | hope w secure to the charitable funds of the city much money which, if kept by them for a month, conviction the Commissioners have issued in the Reighborhood of 650 licenses, Some of these were given to keepers of repuisble piaces who were indicted for refusing to ap ij for tuem beiore, AS S000 as these men tad paid for licenses the Oom- missioners requested the District Atcoraey $0 have the indietments against them quasned. The Bx- question and she best means they should adopt to was also brought ap, and he too was committed. They were informed thit they could have an examination, or if they should waive that have recourse \o a writ of habeas corpus. Their counsel not being at hand, they were remanded, James Hunt was brought up and committed without spoken of before the Commissioners passed resolu- t Hons instructing Commissioner Marshall, the | Dall, Coroner Lynen threatens to eave alg pro: ‘easure! de " \e | Treasurer of the Board, to make deposits with the tempt of his authority. : He Gives His Body for Cremation. On Sunday morning the inhabitants of the itttie village of Centreville, in the lower portion of Westchester county, Westchester townshtp, were thrown into considerable commotion by the find- ing of the body of a stranger, apparently about fifty-five years of age, ina wood belonging to a resident named Frank Divine. When discovered the body was in a sitting posture, the back braced firmly against the trunk of a tree, while the leit band grasped a discharged revolver, the contents of which had entered the head immediately behind the right eat. In his pockets were found no money or valuables, only @ slip of paper, on which had been written with ink the following words :— My name ts Jules Parin. No money. I have no friends, Life cone out fake my body for cremation JULES PARIN. The deceased was neatly and comfortably dressed in dark brown coat, biack vest, light pantaloons, felt hat, good boots, white overshirt and colored un- dergarment, His whiskers were very long and quite | gray, also hia hair, Where he came from remains @ mystery, and no one remembers having seen him but @ resident of the hamlet named O'Neil, at whose house he called on Saturday morning for 1as8 Of Water, atthe same time remarking that evade the consequences of their revolt against th Excise Board in refusing to take ous iioennes on, the terms deuunded py the Board, Jn view of has was all he wished. Se an inqnest had been hone she body was interred py the town authori relict of the late James Conity, en 80 years. The relatives and iriends of the family are re- | spectfnlly invited to attend the funeral, this 08- | day) afternoon, at one o'clock, froin the residefce of her son, James Uontty, Esq., No. 168 Railroad avenue. | Coyng.—Suddenly, at No. § Union street, Brook- | | lyn, THOMAS Cong, native of county Mayo, Ire- | land, in the 36th year of his age. Notice of funeral hereafter, } | _ ,CREVIER.—At Hoboken, on Sunday, December 6, | after a severe tliness, ALIOR BLANCHE, youngest daughter of Jon G. and Alice Crevier, and grand- daughter of Juian Crevier, Esq., aged lyear end ay 3. Relatives and friends of the family are respect- fully invited to attend the funeral, irom the Meth- odist Episcopa! church, Washington street, be- tween Seventh and Kighth streets, Hoboken, on Tuesday, December 8, at one o'clock P. M. Denrny.—un Monday, December 7, Counsellor Tuomas DunPuY, at hid lave residence 126th street and Madison avenue. ¢ Notice of funeral to-morrow. noe CoOnORy. fe eae ‘Bee tn Hoboken, Sey lay evening, December 7, MaRY D. wife of William H. Dilworth, rat The funera) will take place on Thursday, 10th inst., at ten A. M., from Trinity Church, Hoboken. fan Ng and friends of the family are tavited to DoaceeR.—In Brooklyn, on Satarday morntn; December 6, REINHOLD Doscugr, in the 56tn yout of his tives and friends of the family, the mem- and The re bers of aliemania Lodge, No. 740, F. My and Hermann Ua jo, 268, F. and A. also the members of the Brooklyn Schuetsen rps. Captain J, C, Haurand, are yfeape invited to fally invited to atidnd the (uneral, from nis late residence, corner of Flatbush and Seventh ave- ie on Wednesday, December 9, at two P. M. SUTHERLAND.—Suddenly, on Sunday, December 6, BERTHA, youngest daughter of Walter and Emma Sutherland, aged 21 months ana 14 days, The relatives and friends of the imal A are re- spectfully invited to attend the funeral, from her parents’ residence, No. East Eighty-tpird street, on Tuesday afternoon, December 8, at one * o'ctock, Blade dap et on Saturday evening, Decemoer 6, Maut:n TonNsSEN, In the 73d year of nis age, Relatives and friends are respectfully invited to: atrend the funeral, at bis lace residence, No, 110 pac street, on Tuesday, the 8t inst, at one o'clock, Van Hovrsn.—At Paterson. N. J., on Sunda: pedomoer 6, ELIZABETH, Wife of John Van Houten, and daugnter of the late Captain A. B, Walker The (riends of the famiiy are invited to from her late residence, on Tuesday, December 8, at one o'clock P. M, WALDEN.—On Sunday, December 6, 1874, THOMAS. WALDEN, iD the 624 year of lus age. Relatives and friends are invited to attend the funeral, at St. Peter's church, State street, near Boni rooklyn, on Tuesday afternvon, 6th inst, at halt-past two o'clock, WHEgLER,—Suddenly, on Saturday, December 5, 874, Ema, beloved wife of Henry W. Wheeler jd daughter of Mary and the late Wiliam Dougherty. The relatives and friends of the family are re. spectinily invited to atvend the funeral, irom the residence of her motner, No. 666 Lexington ave- nue, on Tuesday, December 4, at one oolook, With- artend the funeral, from idence, No, | out further notice, 2% DaMeld street, on Tues: oon, pM WINDEMUTH.—On Sanday, December 6, WiLitRt- ber 8, at half-past one o’cioce. ‘The remains will | MINa WuRMNEsT, wile of a bare be taken to Greenwood Cemetory for interment. Friends of the family pectiiiiy in to DOWLING—THOMAS 0. DowLINa, in the 8d year | attend the funeral services, on Wedneaday, De- Of his age, cember 9, at twel Che the German Re Alla funeral wil) take nigce from his Jase Zeal | formed charoy, Washington avenue, Malrose,