The New York Herald Newspaper, December 25, 1874, Page 4

CITY REAL ESTATE #0R SALE, cle nici are ine rn rae eal Central. —FIFTH AVENUE—NOM 5, 42, 469, Git, 675, 746 + 731 and 959, on Central Park, with stable; some @ecided bargains V. K. STEVENSON, Jr., Fine atreet or 31 East seventeenth street, GREAT BARGAIN—$10.000 LESS THAN © a 4 A will seltmy elegant four story brown stone Bouse And Lot to a cash purchaser immediately at @ price that ‘will astonish hin; it {sone of the finest in the city and located in the handsomest part of it; itis cabinet fin- ished throughout in the richest me nner und within 200 feet of Futh avenue ard Central Fark; size 22xo0x 102, Apply on the premises, No. 20 East Seventy-fourth Breet, or W. H. HALL. owner, 259 Greenwich street, LOT ON LTH STREET, Filth and Sixth ave- @* WILL BUY A $3.00 J port side, between sues; size 26510. CLINTON. 49 East Eighteenth strect . West Side. T A GREAT BARGAIN—POUR STORY HIGH STOOP A" ftotse on Forty-third stre Bi vay ue; 2.19 by SOx 100.5: 50) to a first class respectable erms to svit” Apply w B. 5. LE ighth street. BROOKLYN PROPERTY FOR SALE at A DO! LENE, OR SALE-~THAT EXTRA F! brown stone House 344 ©! finished in solid wainu, piate house one of the finest in class and convenient to CHAUNC: M mtague stree FOUR STOR size, 25x50; uss Windows, &e.; the rooklyn, location. first Apnly to De dM. 0 res. 5 OUSE KOR SALE—A VERY DESIRABLE THREE story high stoop brick house, on Fort Green place, Brooklyn, has all the modern improvements and is in ertect order: will be sold with or witnout the furniture. | Apply to H. A. CORLIEs, 153 Broadway, New York, or tos. HUNDLOW, 203 Montague street, Brookiyn. PROPERTY OUT OF THE CITY FOR SALE OR TO RENT. NUIZABETH, NEW JERSEY.—I HAVE IN THIS city. splendid Residence for sale, known as the Campbell House, No. 328 Madison avenue. I will make ‘very easy terms and pay to agents a commission. IT will well only for cash, at a bargam; neither trade nor ex- ehamye. Address & MENUELSON, 76 Nussau street, New York. TP coGAPITALISTS. “FOR | SALB. | A. HANDSOME Country Seat of 4i 42-100 acres, in Baltimore county, one and a halt miles from Druid fill Park. on the iteis- ‘The improvements consist of a lane servants’ quarters, stable darn, ice enhouse, grapery, ke, For particu- GLAS, room 5, Bank of Baitimore tertown turnpike, Building, Baltinore. REAL ESTATE TO EXCHANGE. FARM WANTED—IN EXCHANGE FOR A BEAU- titul Villa, with all modern improvements, fine ‘Water views and 25 ucres of !and, iocated 20 miles from Grand Central Depot; price $50,000, JACOB SHARPE, 149 Broadway. WARM, °40 ACRUS, HUDSON, N. Y.: change for Coupes Car Dersonal property—camel’s hair shi Chance tor a hoite, W wi, Diamonds, &e. ; 0. 8 Leroy st OR. SALE OR PART FOR MERCHAN- dise, a first class five story Store in Warren street, Dear Church. Apply to GUSIAYUS BaYLIEs, 293 Broadway. . FRO SALE, OR EXCHANGE-A TIDY, THREE story high stoop brown stone House on East Filty- first street, or will exchange tor a four story brick, cen- trally located. JOHN KAVANAGH, 736 sixth avenue. OR SALE OR EXCHANGE—HOUSES, LOTS, Farms. penny Residences. Cigar Stores, Liquor Btores, Boarding Houses. Contectionery stores, &c. Mone: ‘assports pro- to loun on Bond and worese BEER. cured. 18 Centre street. SEVERAL PURCHASE MONEY FIRST MORTGAGES on nearby Real Estate; county clerk's abstracts Teady; exchauye tor Dry Goods or Carpets. Address OWNER, box 11) Herald office. 'TOCK OF BOOTS AND SHOES OR STORE W ©) in exchan; in Twenty. 220 Noi TED, ge tor a fine four story brown stone House ixth street, near Sixth avenue. Owner, No, nth street, br 1 EXCHANG SINESS, A HOUSE OR Lois, @ Farm of 120 acres, on irie Railroad, one mile from Hankins’ Station. Address box 119 Herald Brook- dyn Branch ofiice. $4.500.-Fo8 SALE. OR EXCHA} Keal Estate, Fancy Goods Busines: stock. good fixtures and fine locatio: GOODS, box L19 Herald Brooklyn Br: ISHS, In this Cit, NY PRIVATE FAMILY DESIROUS OF REDUCING expenses may finda refined family as tenant until May j tor « finely furnished house, cupants retaining apartments and by. oarding ; reterences exchanged. Address RESPONSIBLE, box 138 Herald office. % LEGANTLY FURNISHED HOUSE WANTED— until May, between Sixth and Madison avenues, hot above Thirty-sixth street; rent not exceeding $35) Monthly: private tamily. Address EDWAXDs, vox 198 Herald office. LOAN OFFICES. TR A’ 77 BLEECKER STREET, NEAR BROADWAY.— Liveral advances upon Diamonds, Watches, Jew- elry, Pianos, &c, or the same bought. — Aiso Pawn- brokers’ Tickets bought at77 Bieecker strect, up T HALE THE OSUAL CHARGES—MONEY AD- ed on Diamonds, Watches, Jeweiry, Life tn- Burance Policies, &c. No. 79 Nassau stree!, between Fultan and John streets. x Brokers’ Tickets of Diamonds and Watches bought, W. MACDUFF & 00, T JACKSON'S, 305 BROADWAY, OPPOSITE ELEV- enth street—Money liberally ‘advanced on Dia- monds. Waiches, Jewelry. stiks, Dry Goods and personal Froperty ot every description. Private entrance for Jaaies. T JOSEPH. SOLOMON & CO.'S, street, near Nassau.— Money Watches, ‘Silver Fiate, silks, tiques and Articies of ‘Virtua on habla Bs! 134 FULION advanced on Diamonds, mel? Hair shawis, An: ee eeares 1550; private 0 2D ON DIAMONDS, WATCHE: and Siiverware, and the saine dou foid. GEO. C. ALLEN, Jeweller, 1,19 Broadw ‘wenty-ninth street. 39 N. ‘AU STREET J Liberal advances made on Diamonds, Watche Jewelry und all kinds of Merchandise | The same bougnt ana sold. Room 1. HAYMAN L&OPOLD. 403 SIXTH AVE BETW! TWENTY. ©O fourth and iwe reets.—Liberal ad- yances made on Viame . W Jewelry, Suks, Laces ana shawls. same bought at tu. vaiue, 'L. BERNARD. AR ¢ TWENTIETH TRE G18 BROADWay. |S by (oldest estabtishec Liberal advances on Din ver, Luces, !udia Shawls —WEEFKLY o Purniture, PERTHWAIE 3 immense stock and lo ag, at BM. © jatham street. an 135 pri Ces. PRIVATE FAMILY WILL I i THEIR psuit. pare it, covered Furnite KELLY & CO. th street and Sixth avenue, corner Twenty- “DANCING ACADEMIES, J. SAUSH’S DANCING ‘ont at Masonic Hall, id Bast Thirieenth sir Hol Bast Kilty-tourth sircet, | PRIVATE Sut private acad UIKCULA. te jadies and children. nd ior a eirentar, 2ADEMY, PLIMPTON Ninth streets Classes hursday, and on Private’ lessons A —CARTIER'S DANCING AC * Buildi uyvesant and Monday and Thursday. 5 M*. TRENOWS (Priday—Christinas) evening, Eixth avenue, Reservoir square, ANT THIS Lyric Hall, at & Al HELAN'S STANDARD AMERICAN BILLIARD ta- bles—Now used in the Windsor Héuse, St. Nicholas, Grand Central and Barie’s ho New Jxl0 Tables for $275. For sale only by GEu. PHELAN, No. 7 Bar- clay street. BILLIARDS. STANDARD AMERICAN BEVEL TABLES AND + the Phelan & Collender Combination Cushions for only by the patente We C' ENDER, successor Cotiender, rk. EXCHANGE, BRAUTIFUL SEAL SACQUE, 36 INCHE a0 oF cash; wolud exchange tor 2 in New Jersey. “Address & Fd f N® ’ AND SECOND HAND ENGINES—HORIZON- tai and upright, 2 to 100 horse, witit boilers, pumps, NG, at Estat ler, dc. ; 8-borse Baxter and other Portable Engines. = VILSON & ROAKE, Water and Do: streets. & CASH AND $2,000 IN RE. TATE OR $1.50( $ Merchandise wanted, first, class estabiish stocked with new ddress ' in Tea and Groce’ oods and doing a 00° KA, DOX 212 Herald office. thriving busi- DE be ISTRY. \ BEAUTIFUL SBT, $6. §3-GUM FBETH. $1 ver fillings, 0c. ; ‘gas, cc, nxamine specimens. “New York Dental Rooms,” 262 Sixtn avenue. Lataolish= ea 1861, Christmas, until. Remember 262. _WATCHES, JEWELRY, &C. ARGAINS IN WATOHES.—POUR FINE GOLD Watches, beon worn a short time, at nearly hail brice, warranted: also one Julds Jurgensen stem winder. GEO. C. ALLEN, 1.19) Broadway, Near street. Diamond Rings, great bargains. J wenty-ninth ‘ - RESTAURANTS. IVE AND LET LIVE RESTAURANT, CORNER Broadway and Fulton stree.—King’ Kalakaua (originally Callaghan, of Connaugit, Ireland) will take his meals at the above resort during the holidays: he Anows what is vous, SANDY SPENCE, —& FE FOR | 1) well situated, oc- | FOR SALE. A WHOLESALE AND RETAIL MUSIC STORE, Zh, arse stock ine location, soldat a quarser cash, alance on mortgage: sometiing for e Youu men. Address MESIC, box 121 fleraid attioe. A HANDSOME BLACK WALNUT CABINET CASE Willcox & Gibbs’ Sewing Machine, cost a short time ago $115, will be soid for $5); perfect tm every respect; all attachinents. Cull at $5 Bond street. A. HANDSOME. MARBLE BAR, COMPLETE, FOR sule, only $75, cost over $400; also a large Lager Beer Keirigerator, good order, tor $15. Apply at FRENCH’s New Hotel, 28 Cortiandt street. “16 YEARS ESTAB- unt of owner leay:ng rent only $30 a OR SALE—AT A BARGAT lished Liquor Store, on account city; stock worth more than assed for month. 36 Sheriff street. ‘reaiene ties per SALE—ON ACCOUNT OF THE DEATH OF THE proprictor, & Wood Yard, located in Fitty-sixth Street, between Second and third avenues, with the en- tire Stock, Machinery. Horses and Wagons, long ica: cheap (or cash. “Apply to BACH & STROUSE, No, 103 Eust Fifty-seventh street™ FOR, SARETA, MEAT, SHOP TIN “AG OD LOCA. tion in Harlem, for less than cost of £xtures: owner going in the wholesale trade. - Apply at 204 East 106th st OR SALE—\ FIRST CLASS LIQU R STORE, ON the eagt side of the city; long lease; will be’ sold Apply to HERAGHTY & VAN ARNAM, 63 Front Qa! CLOSING OUT A STOCK SY hand sates at extremely low price: and best makes. “OF SECOND nm perfect order OR SALE—VERY LOW, IF APPLIED FOR AT once, several Hoe Rotary Presses, good as new, a bie jor newspaper work. Address tne New York erald, . EUROPE, _ POR DYING WITH PERFECT EQUALITY MIX textures in one color bath, in colors now in fashion, take the patent colors of ‘The Patent Salone Manufactory in Goettingen, . Germany. Saropias. of these colors up to 20 grams will be sent to any address free of charge. Letters without reterences will remain without an- swer. * HOLIDAY PRESENTS. PLENDID HOLIDAY PRESENT—EVERYBODY astomshed. The large and beaatiful chromus, ‘The Captive Child” or “Old Onken Bucket,” given asa | remium to each $3 yearly subscriber to ‘*Demorest’s ‘onthly,” the model magazine. WANTED TO PURCHASE APE WANIES_NEW OR SKC door, medium size, must be in cheap. Apply at24 Ann street, second floor, WASTED—PROTOORAPHIC | INSTRUMENTS FOR copying engravings: Dailmeyer’s preterred, In- mira of PHOTO, GALVANIC RELIEF COMPANY, 129 Vest Broadway. ‘D HAND, DOUBLE od order and very | | THE CITY. BUDGET FOR 1875. | MEETING OF THE BOARD OF APPORTIONMENT— THE FINAL ESTIMATES COMPLETED-—INCREASE “IN TAXATION—THE TOTALS FOR DEPART- MENTS, MISCELLANEOUS PURPOSES, &C.—DO- NATIONS TO OUR CHARITIES AND INSTITU- TIONS. The Board of Apportionment completed their work of passing the estimates of current city ex- NEW YORK HERALD, FRIDAY, DECEMBER 25, 187% THE COURTS. The Kelly-Waterbury Libel Suit—Motion to Strike Out Portions of Answer. ——_-+- The City Marshal's Controversy---Impertant De- cision in the Case, —— FISK’S PROMISSORY NOTES TO MISS MANSFIELD. The Cancan in Court—Convic- tion in the Seurrilous Postal Card Case—Italian Brigandage. a Manue! Posada, Juan Cortes and Francisco Mar- Wnez, who had péen charged with selling cigars without being properly stamped, were held yester- day by Commissioner Shielas, to await the action of the Grand Jury. THE KELLY-WATERBURY LIBEL CASE. which has been postponed for several days, came up yesterday for argument before Judge Donohue m Supreme Court, Chambers. the plaintiff, and eX-Judge Jonn K. Porter was as- sociated with Mr, Waterbury in the defence. Colonel Wingate commenced the argument in favor of the motion. He argued that the defendant in his answer had neither admttted nor denied cer- tain allegations In the complaint, but by alleging “that he was unable to state’? in regard vo them, rendered it impossible for the Court to know what the issuesin the case were, and that this portion of the answer was in Violation of the code and should be stricken out, and a specyic admission or denial of tue compiaint required to be made; that the assertion in the answer that the plaintiff “was. not properly a member of the Democratic State Convention,” to whom the telegram claimed to be libellous was sent by the deiendant, was entirely immate- rial, and would, if allowed to remain, require the Court to go into the question of the regularity of the democratic primary meetings; that the let- ters which had veen annexed to the answer had nothing to do with the case; that the dejendant had endeavored to bring them in under the pre- teuce of admitting an incidental reference to the complaint, and then annexing the letters, and Daving in this Way improperly brought them into bis answer, had proceeded to set forth in detail | every matter contained in them, thereby bringing | tnto the case a large number of matters which were not alleged in tne complaint and nad noth- penses for the year 1875 yesterday. Mayor Vance presided. The other members of the Board pres- } ent were Comptroller Green, Tax Commissioner Wheeler and Alderman Flanagan. One item only remained to be considered in order to complete the estimates—that appropriating $9,300,000 for routine business had been disposed of Mayor Vance called up this matter. He remarked that | on the statement of the Comptroller and an ex- | amination of figures he was not clear that $9,000,000 would cover the amount required for payment of the interest. He was, therefore, will- there was anything wrong abort the appropria- | tion the Comptroller was responsible. also to change his vote. He thought the Comp. troller, from his financial position, ought to be the best judge of what was required. At all events, the surpius, if any, could not ve appropriated ior full amount on this ground alone. decrease to $9,000,000 because he fully believea that it ought to cover the interest payable trom obtained irom the Comptroller's ofice it would seem impossible to get at tue exact debt and cou- sequently the interest. Under these circum- | stances, and with the uncertainty regarding it, he | did not feel like taking the responsibility wuile the | Comptroller was so earnest and strenuous in his endeayors to retain the $9,300,000, and uiter his re- | peated assurances that the amount was the least possibie ne could get along with withou! tmpairing the credit of the city. A vote was then taken on this appropriation, and the original amount of $9,500 THE ESTIMATES COMP D. The final estimates were then completed and voted upon asa whole. Tie diferent Items nave | nearly all appeared in the HERALD Irom time to detail. Toe whole amount is ses 36,056,472 23. °This will place the tax for next year at three per cent, The most impertant ttems | of appropriation, in which some changes have been made, are a8 [ollows:— THE COMMON COUNCIL. City contingencies Seite Sresitene of the Sat venty-one Aldermen, at $4,00) each: Clerks and officers, Board of Aldermen. LEN ape BHA 500 TY. Total. Contingenciés—Mayor’s Utlice: . Saiaries—Mayor. Clerxs and a et Bureau ot Permits. . Coutingencies—Bureau of Permits Total. THE DEPARTMENT OF FINANCE. Cleaning markets........ : Contingencies—Comptroiler Salaries—Devartment ot Financ | Salaries—Chamberiain’s office... Total. MISCBLLANEOUS PURPOSES, Judgments. : Cemuussion New city Prison Coumission—Expe | Por'the payment of rentot property leased to che Vorporation tor public offices anu other puvlac purposes. except armories and drilirooms.,.,.. 75,000 rér'the payment of assessments on realestate be- Jonging to the Corporation tor public improve. te also taxes on property in’ Brooklyn ewhiere out of the City ot New York, ex otherwise provided for. Supporvor prisoners, county jail Salary of attorney for coliection ‘of arrears of personal taxes Salaries of clerks in a faa A i ce. Fourth avenue improvement, as pr Foren ot V0d, Laws 1et2, und chapter 208, 1 chapter 36 of attendant physicians, incitiding salary of clerk to. Board ot Corouers, a8 provided by chapter 462, Laws it S71. issue «+ 89,000 pisbursements and’ ‘fees’ of county’ officers ‘ama witnesses. see 12,000 Election expenses 3,000 Indebtedness or the late town of Kingsbri ‘Aniaing under chapter 631 of the Laws at 187 by chapter 651, Laws of 1874. Ss of evidence in eedings in reiation to to January 1S72, on the matters, suits oF | mands committe city or county proc pri Total.. $334,760 TOTAL APPROPRIATION Law Departmen Department of Public W Department of Parks. Department of Built: Department of Charities an aith vpartinent. Police Department i ment. Board of Educati Department ot : Cotlege of the City of New Yor! ‘The Judiciary ASYLUMS, REPORMATORIES AND CHARITABLE TUTIONS. Special acts of the Legisiatare made provision for appropriations to institutions which have been | inserted by the Board 0: Apportionment as fol. lows :— . Asylum for, Idiots. American Female G tor the Friendiess. Children's Aid Society ..)": Founding Asylum under ot Charity. . +e Hebrew Benevolent society. Hudson River state Hospital. Institution for Deaf and Dumb Institution for Improved Ins Mutes... New dork Juvenile Asyi Now York Intant Asylinn New York State Lunatic Asy New York Uatholie Protector pee + 2t0, . Kelief of the Ruptured * INSTI+ New York society for the and Crippled... | Nursery and Child's | Protesiant kpiscopal House of Roma C House of the diate 1 sylum tor I Auburn, 3 é Shepherd's Fold Union Home and cren of Volunteer Soldiers, ‘ Chiren’s Foid of the City of New York E + $825,005. | After passing the resolution unanimously as to | the egfimates the Board adjourued to meet at | twelve oWiock On Monday, , i | payment of interest on the city debt. After some | ing to change his vote of the previous day. If | Alderman Flanagan expressed himself as willing | any other purpose, and he was willing to give the | ‘Tax Commissioner Wheeler said he voted tor'the | taxation in 1875, But on examining the documents | time, 50 that itis needless to reiterate them tn | down at | 000 | behuif of the Marshal, | Ing to do with the action, Many of such allega- | tions he ciqimed to be scandalous, particularly | such as referred to the plaintif’s having been | elected in 1864 by Iraud and veing “repurted to be extremely pibus.” Tne detence that the teiegram na the original letter oi Havemeyer were writ- ten jor lear that the plamtut’ should be reappointed a member of the Democratic State Central Committee and thereby injure the pros- pects of its candidates, and that the plaintif, as Chairman of the Comuuttee on Organization of Tammany Hail, bad usurped the power of making nominations, be contended had nothing to do with the question in the case, which was simply whether or not*the plaintil, while Sherif, had or | had not traudulentiy received moneys from toe county, He further insisted that the Court would not, upon the trial, go into any question of the power with which Tammany Hall chose to invest the plaintull, aua that neither Havemeyer nor the deiendant owed duty to lammany Hall which re- qiured the publication of ts letter, and | that if they had that fact itormed no for a publication to the | Justification world at large, a8 nad been done; that the various | letters which were annexed to the answer and thereby sougot to be brought into the case were | evidence which couid oniy be presented on the tial, and not lacts which required to be incorpo- rated in the answer, and, tuerefore, should be Stricken Out; aud that the answer was defective im alleging these matters as a defence and not in mitigation of damages, which is required under all | the decisions, 11 they Were to be relied upon in mitigation, aud that, therefore, objection could not be made to -this motion under the plea that twey formea matters in mitigation. air. Waterbury sald that the defence conceded the right of the plaintiff to put in an answer in ac- cordance with the Code, but it had already ai swered in the language of the Code {tself. The de- Jendant being called on to answer a compiaint had certainly a right to take his own position in re- ard to the various allegations o! the complaint. le chose to come into court and allege that he was a promluent memver of the Syra- cuse Convention. ihe detendant had a rignt tu meet it and in bis own way. It had nothing to do with the real merits of the case. 1t was not necessary to aliege it, Has the defendant a right to raise an issue whether he was a prominent Member 01 tis convention? Suppose a minister should sue in regard toa libel published against him and as matter of inducement he alleged that he was a minister ol the Gospel. That, of course, would naturaliy increase the aamages, because Mf tae matter was libellous the tnjury Would ve greater to # minisver of the Gospel than to an ordinary individuay If that issue Was raised would bot the deiendaut have aright to show he optained that position improperly if he could? The defendant he invited to meet in his own way the issue raised. In regara to swiking out te second paragraph, which says “the delendant also admits that by the words | ‘Havemeyer’s exposition of Kelly's irauds’ con- ; tained {o such telegram” he meant the letter, and that the expression thus made was not put in the Way of innuendo, but the allegation was distinct. It was also asked to strike out the letter made a part of the answer, and whica it is claimed the defendant published in the newspapers, directed to Kelly aud containing false and libellous matter. At the trial 1t would be proper to go on and prove every statement set forth in the letter, The let- ter was not irrelevant, but related to the subject | maiter of the centroversy, and was material and proper in mitigation of damages. If all was Stricken out that was desired the answer would be completely denuded of Seeae in the way of justification, and if the motion was granted it would cut him absolutely trom: his whole defence, ~The 1urther argument on the motion was deterred till ten o’ciock A. M. next Tuesday. THE CITY MARSHALS’ CONTROVERSY. On the 9th of November last the General Term of the Marine Vourt adopted a rule prombiting the city marshals from eaecuting executions and certain otner processes issuing out of the Marine Court. ; ‘The marshals, feeling aggrieved at this, inas- much as it deprived them of business esti mated as worth from $40,000 to $5,000 per annum, resolved to test the legality of the rule before the Supreme Court. Accordingly, under @he advice of their counsel, | it was agreed that one of them (Levy Lippman) proceed to levy under an execution in violation of the rule. Thereupoo the Marsnal was cited to ap- pear and answer as for acontempt of the Marine Cougt, and was fined $50, and to stand committed to the county jail until paid. A writ of habeas corpus and certiorari was sued out tn and ip pursuance theréof he was brought before Chief Justice Davis, at Chambers of tne Supreme Court, on tne 16th inst, Ex-Judge Cardozo, Matthew P, Breen and M. A. Gearon appeared as counsel for the Marshal, and demanded the discharge of the prisoner, upon the ground of the illegality of the rule, while Brown, Hall & Vanderpoei, in the interest of the Sheriff, resisted the motion, Juage Davis yester- day rendered the following lengthy and impor- tant opinion tn favor of the Marshai:— The petitioner is enjoined by an order of the | Special Term of the Marine Court for contempt. Iv 1s admitted by counsel that the contempt con- sisted in the wiltwl persistence of the petiiouer, who ts ooe of the marshals of the city of New York, in levying ana attempting to execute a process of execution issued upon a Juagment re- covered in the Marie Court in violation of one of the rules of that Court, On the 9th of November last the Genera! Term of the Marine Court adoptea the following rule:—Orders of arrest in all cases and attachments against the property of hon-res- jdents of the county issuing oui of this Court may be directed to the Sheriff or either of the marshals detailed to this Court by the Mayor. Ail other process must be directed to and executed by the Sherut.” Phe petitioner is one of the warshais detailed to the Marine Court vy the Mayor. The question presented in this case 1s whether that part of the rule which requtres all executions to be direcied to and executed by the Sheriff ts valid, ‘the Marine Court may undoubtealy make such Tules as it may deem practice of that Court, provided such rules ate not Mr. Henry L. Clin. | ton and Colone! George W. Wingate appeared for | | Sessed by other courts of record. advisable to regulate the } The motion to strike out portions of the answer, | I i contravention of the provisions of any statute . or of the general rules Of courts ol record adopted by the Convention o! Judges and famiuiarily kuown as the rules of the Supreme Court. It 18 insisted that so much of the general rule of the Marine Conrt as affects the execution issued to the peti- tioner is in conflict With the provisions of the stut- ute applicable to that Court. The tiird section of the act of 1865 wee Laws . | issued | tion, couid not lawfully be punished as a contempt. | written, Mr. Fisk and Mr, &. Morse, ber moth@and 1865, chap. 400, page 738) provides ‘that any sum- mons, warrant, attachinent, execution or other process issued vy anv of the justices of the Ma- rine Court of the city of New York, or by the Clerk of sata Court, may be served or executed b. any parsial of said city. asa modification of the act of 1857 (chap, 295, sec. 1), which declared that all process, except su! mons, issuing out o: sata Court should “be dt- rected to and served by the Sheriff of the city and | county o! New York,’ and the effect of the modifi- cation Was that executions or judgmenis of the Marine Court could be executed either by the Sheruf ora marsha). (See the matter of Ott, 13 Abb. U. 5. These statutes seem tu bave re+ mained unehanged until the act of 1872 (chap. 629 Laws of 1572, page 1,493, vol, 2). The eighth section of the last cited act provides thas “a judgment of the Marine Court for the sum Of $26 or OVer, exclusive of costs, the trausecrip: Whereot is docketed in the oMce of Clerk of the citv and county of New York shall have the same effect as a lien, and be enlorced in the same wanuer asthe judgments of tie Court of Common Pieus for the elly and county of New & York.’ Al. process except the summons shall be directed to and executed by the ofMvers as now prescribed by existing laws, who shall be subject to the control of the said Marine Court im-respect thereto, “with the ike power and in same mau- her aud With like effect as is now by law givea to and exercised by the sald other courts of record,” ‘The first provision of this section operates to make a docketed judgment of tre Marine Court a len on real estate, aud to provide for its enforce- ment, Which isto be done “in tbe same manner as the Judgments of the Court of Common Pleas.’ the judgments of that Court are liens w docketed, and are eniotced by execution direct and issued to the Sherif, The snertif alone is clotied with the power necessary to the ebforcement of suci liens by the sale and conveyance of real estate, and, therefore, for very obvious reasons, the execution of a Judgment of the Marine Court when docketed under the act above cited is committed to nis ands. ‘The second provision ol the section was vidently designed to coater on the Marive Court the control over tne officers of every description by whom Its process can be issued tuat is pos- {t was not in- tended by that provision to make any change in respect to the oficers to whom the process of the Court could be directed, On the coutrary, the ex- isting lawson that subject were preserved, and they remain in 1ull force except as modified by the provision Of the same section in rexpect to judg- ments which have become liens by bemg docketed | in tue County Clerk’s omce, The resuitis that on | all docketed jndgments execution must be issued to the Sherif; on all other judg- ments execution may ,be directed = and to either =the Sherif or to a marshal The execution in this case was issued upon a judgment which had not been docke‘ed, It was, thereiore, lawiully directed to a marshal. ‘The officer to whom an execution 1s lawfully deliv- ered 1s bound to proceed with it, and 1s subject to penalties, both civil and criminal, for a retusa) or neglect. The general rule of the Marie Court, so Jar as 10 relates to this question, contravenes the | statute and must fall oefore it. These views sub- | stantially accord with the opinion of Chief Justice | Shea, im Lehman vs. Faltenmeyer (MS.), which 18 | now belore me. The result is that the provision of the rule referred to was voi@, and its disubedience by the Marshal, not accompanied by any contuma- cious conduct on hig part, except the simple as- sertion of the right to levy and enforce the execu- en ea The prisoner must be discharged. MANSFIELD VS. FISK. Among the many lawsuits left by James Fisk, Jr., for posthumous settlement between his wite, Mrs. Lucy D. Fisk, the executrix of his estate, and the-horde of litigants anxious to press their cases to trial was one brought by Josie Mansfield against him on two promissory notes, One of these notes was for $15,000 aud the other for $5,000. The action was commenced in the Supreme Court, the plaintiq setting up that the notes were given for valuable consideration—that is to say, In payment for certain stocks, and the defence being subse- quent alleged payments of money in amounts suficient to counterbalance the claim. On the death of Colonel Fisk the suit did t die, how- ever, but was revived against Mrs. Fisk, as his executrix. Atlength the case came to trial yester- day in the Supreme Court, Circuit, before Judge Van Brunt. The court room was not densely crowded, yet there were not many vacant seats. The fact is the crowd 1 frequenters thronging the courts had seen Miss Mansfeld so often during the pro- gress of the trials of Edward 8S, Stokes that their curiosity to see her had become sattstied. She was promptly in attendance, accompanied by her | sister, Mrs. Williams. Time and travel and ex- citing scenes since have not apparently improved her personal beauty, but her t in dress bas evidently changed somewhat, forinstead of flash- ing diamonds and silks of gaudy hues and a bon- net of startling pattern and colors, she appeared most plainiy though neatly and tastefully attired, wearing @ dress and cioak of dark blue cloth, a Diack felt hat, trimmed with black velvet, and a gray feather and with 0 show of jeweiry. Her sister, Mra. Williams, was @ven more plainly dressed, Neither appeared in the slightest degree nervous, but gave their testimony in a very clear and straigatiorward manner. Miss Mansield was represented by John D. Townsend and Mrs. Fisk by Mr. Ball. Mrs. | Fisk did not put in an appearance, but this, it is said, she never does in any suit brought against her | ubless she has to appear as a witness. From the nature o! the present sait the testimony was brief and the end quickly reached, 5 Mr. Samuel jurtney testified to having in November, 1369, menced a suit jor $5,000 and $15,785 against James Fisk, Jr., and applied for an order of arrest against Lim on the part of plain- tif, The time to answer was éxtended until alter. Fisk was hilied. Tne defendant was substituted for bim in May, 1872, apd the answer was sent tn. + Mr. Henry Belden was hanced tie two notes | sued on, and he positively identified the signature | to these notes as James Fisk's, For the deience Henry P. Antes proved that he ‘Was bookkeeper to the Erie Railway and familiar With Fisk’s signature; he dues not recognize the | signature to these notes as Fisk’s; couid not tell | in whose handwriting the body of tue notes is; he | knew of a check tor $1,250 being paid by Fisk, througn Geerge C. Hall, to Miss Mansfetd. On crogs-examination witness admitted he had no personal knowledge of what Mr. Hall did with the money; he will not swear positively that he ever handed money to Miss Mansfield himself, August Schemiel, employed in the Audit De- partment, saw Fisk sign vouchers hundreds of times a day and does Rok pecognize the signature to these tWo notes as Fisk’s, On cross-eXamination witness was shown the bottom of a note; he recognized the word “Wednesday” as Fisk's; during the last years of his life Fisk’s writing varied very much. Letter handed to witness, and he Identified it as Fisk’s writing (the signature being folded back). To the | great bewilderment of the witness Mr. Townsend | took back the letter, opened it and read it in {fll as one to counsel (Mr. Townsend) {rom John H, Coman, inquiring about the present suit. Justin D. White testified—-He was familiar with Fisk's signature and does not think the signature to the notes is his writing; being handed a $16,000 note he thougat the signature meri Fisk’s, William Belden, broker, formerlf of Howe: & Belden, cailed for plaintiff, testified—He was familiar with Fisk’s handwriting and he positively | iaentified the body of the writing and signatures | to the notes sued Bi or one for $5,000, the other for $15,785 as Jamé®@ Fisk's. He also proved to hav- ing purehased $14,000 wortn of bonds for Miss Mansfield. Counsel for the defendant here offered in evi- dence an indictment for attempting to blackmail Fisk, proved against plain in 1869, but the Court exciuded it, Miss Mansfield testified she saw the $5,000,note | herseli were present; she saw the $15,000 note | drawn, The question whether any consideration was given jor these notes was excluded, Marietta Williams proved that she demanded payment of thase notes in 1870, and no part of ‘hem was paid, « * Cross-examined—That was in October, 1870; they were alway¢ on friendly terms; the last time Fisk visited her was in December before his death; he was then asked for the money but did not pa the previous demand was made by myself. At the conciusion of the testimony Judge Van Brunt briefly charged the jury. Alter a short absence the jury returned, bringing in a verdict | for $29,291 31 agains: Mrs. risk. THE CANCAN, At the opening of the Court of General Sessions yesterday, Assistant District Attorney Rollins arraigned at the bar Samuei Shapter, the pro. | prictor of the Metropolitan Theatre, upon a new indictment, charging him with keeping a ais. rderly house, the specific allegation being that he caused an immoral exhibition called the can- can to be performed at his theatre. Early in | the present term the Grand Jury found @ similar indictment against the defendant, upon ‘which he gave ball; butit seems he continued to permit this performance to be carried on at his establishment pending the trial of the ac- cusation, The guthorities caused an additional indicturent to be found, npon which Shapter and twelve of his “iair damseis’? were arraigned yes- vonaay, mornin, r,. ? F, Howe, counsel for the defendants, moved that the matter of pleading be postponed | unti Mr, Courtaey, his associate counsel, could ve present. [ said'that the accused nad no desire to Violate the law, and that no one would sooner | object to an immoral periormance than he (the | counse!), client to give up the cancan pertorimance, as it | appeared trom the present indictment that the moral sense of the community was against ita con- tnuance, Mr. Howe then assured the Court that the performance would not be repeated. Assistant District Attorney Kollins sata that | Inasmuch as he could not try the case then he was ‘This provision operated | the | “the jollowing year, 1868, tere was no power in | ment and Mr, F. C, Bowen lor the prisoner, Jud, | erty has always been used for public worship, and | to costs, | McLaren et al. vs, Overbaugn, -Motion denied. | disposed to tet it stand over, but insisted upon 8 Plea being entered. | _ Mr. Howe replied that he would plead not gutity » With permission to withdraw the plea, M at some future time he felt disposed to do so. The Kecorder said that it was @ plain matter of | fact whether or not he violated the law. | The accused pleaded not guilty to each indict- ment. Cou: sel—How about these girls, the dancers ? | The Kecorder—They knew that they were violat- | ing the law. They appear to be women of tntel- ligence. Ido not believe in this business, and I | am going to break It ap, Counsel pleaded Dot guilty for the twelve girls | and moved for their discharge, and by consent of , the Court they were discharged on their own re- cognizance uli Mouday. | Mr. Howe then promised that the defendant | | would find bail upon the new todictuent, and Suapter was permitted to depart. | THE SCURRILOUS POSTAL CARDS, At one o'clock P, M, yesterday the case of Moses Chamberlain, who was indicted for sending seur- | rilous postal cards through the Post Office, was | given to the jury by Judge Benedict, who deliv- ered a lengthy and impartial charge. At about twenty minutes past one o’clock the jury returned a verdict of guilty. There were separate counts relating to jourteen distinct postal cards as bav- ing veen sent through the mails by the defendant; and if inthe power of the Court to fine him on each count not ess than $100 or more thun $5,000; or imprison iim on each count not less than one year or more than ten, in the discretion of the Court. It is understood that, on Tuesday next. a Motion wil be made vy defendant's counsel for a ; bew trial. | ITALIAN BRIGANDAGE. | In the United States Circuit Court Judge Blatch- | ford rendered bis decision yesterday tn the case of Angelo de Giacomo, surnamed Ciccarrieila, which bad been recently heard before His Honor | on habeas corpus. The prisoner was charzed | with being one of a gang of brigands who, in 1867, | bear Naples, captured a young man, son of a! far- | mer, carried him off to the woods and there shot | bim a few days subsequently, because a ransom | Which had been demanded trom the young man’s father was bot iorthcoming. The prisoner, alter being hunted up for a considerapie time through Italy by the Italian authorities, fled to this coun- try and was arrested in this city three or tour months ago under a warrant issued by Commis- sioner White, On the examination of the prisoner It was contended by his counsel that inasmuch as the alleged crime was committed in 1867, and the treaty of extradition between Italy and the United Siates did not come into existence antil the Court to order the extradition of the accused. The matter was then taken before Judge Biatch- ford on habeas corpus and fully argued by coun- sel, Mr. Coudert appearing for the Italian govern- Blatchford now decides that the alleged offen does come within the treaty in question, and that, alter consultation with the Circuit’ Court Judge (the question being an important one), he has come to the conclusion that the writs must be discharged and %he prisoner remitted to the cus- tody of they Marsha! under the Commissioner’s warrant. DECISIONS IN ADMIRALTY. Yesterday Judge Woodruff rendered the follow- ing decisions in admiralty in the United States Circuit Coart:— Andrew J. Hutchinson vs. the Hunter and the Northfleld.—Decree ordered, condemning the steamtug Hunter and dismfM@sing the libel as to the Nortnfleld, with costs to the appellees. Winson et al. vs, the steamsnip Rebecca Clyde and her cargo.—Decree for the tibellant. Correll vs, the schoomwer Margaretta.—Decree for the libellant. Mott vs. the steamboat Mount Washington.— Decree aftirming the judgment of the Court below. Markey vs, the Blanche Page.—Decree for libel- lant, with costs o/ appeal. SUPREME COURT—CIRCUIT—PART 3." INTERESTING SUIT ON NOTES. Before Judge Lawrence, The suit of Archibald Young vs. Henry R. | Stephens, survivor of L. W. Lyons & Co., was tried in this Court yesterday.. Defendant gave notes for money due by the firm, $14,956 98, of’ which part was, however, paid, and he assigned the notes to L. W. Lyons & Co., itquidators. Plaintiff charges that he was a partner of L. W. Lyons & Co. ‘the defence is that plaintiff was only a clerk and was appointed liquidator of the frm, and signed the notes in his oficial bie ea fe ‘The matter tarned on the position piaintit held under tne laws of Louisiana (the firm doing business in New Orleans), Judge Lawrence directed a verdict | for $16,179 9u, exceptions to be heard in general term. SUPREME COURT—SPECIAL TERM. SELLING A CHURCH FOR NON-PAYMENT OF TAXES. Betore Jadge Van Vorst. Among the sults tried in this Court was that of the Congregation Shaarai Tepulia vs, The Mayor. The congregation in 1867-3 built @ temple, and in 1868 the city levied on It a tax of $478 80, The prop- suit was therefore brought to have the tax re- moved, and the Tax Commissioner’s clerk 1n- Jormed plamtif's it was removed. In 1871 the property was soid by the city for 1,000 years to one Peverkin, and plaintiffs dia not know of it until the time bad nearly come’ for giving Peterkin @ permanent lease. They then brought this suit prevent the city giving a lease, and Judge Van Vorst decided that the property must be ex- empt. Verdict Jor plaintiffs. A SATISFACTION PIECE SET ASIDE, Eleanor Clark, a8 admunistratrix of John R. Gil- lespie, sued William H. Griswold, as administra- tor of an assignee, On a judgment against defenu- | ant to set aside @ satisfaction piece, and the suit | Was tried beiore this Court. The Court decided | ob the evidence that the defendaut knew of the assignment o! the judgment, and, therefore, his taking @ satisfaction piece from the original plaintiff was a iraud upon the present plaintiff’ and must be set aside, DECISIONS. Clark vs. Griswold.—Judgment for plaintiff. See opinion, a Wongregetion Shaaral Tephlia vs. The Mayor, | &c.—Judgment for plaintiff. See opinion. SUPREME COURT—CHA4MBERS. RIVAL LADY PRESIDENTS. Before Judge Lawrence, Some time ago Mrs. Dorette Eicke, as president | of a German benevolent assoctation, brought suit | ‘by their counsel, Mr. A. Czaki, in the Marine Court, aguinst Mrs. Dorothea Gruninger, formerly presi- dent of the same body, but who had been removed from her office by vote of the society, to recover the bank book and other property of the society. The suit was brought in the form of replevin, and on the trial at the Marine Court it was decided that the question of the legality of the election of Mrs. Eicke could not be tried in that way, and a technical verdict. was rendered in favor 0! the ousted president. As the Court were of opinion that the nature of the suit was equitable the powers of the Supreme Court were invoked by the associations, and counsel obtained @ stay of pro- ceedings. ‘The Whole question was argued very fully on be- half of the contestants by their counsel and vy counset on the other side. » Judge Lawrence, after hearing the argument, | made an order sending the case to a referee to | take prools a8 to the actual Jacts and make a thor- ough investigation, aad in the meantime the stay herein to continge. DECISIONS. By Judge Donohue. Welledick vs. Welledick.—Motivn granted, Mem- orandum, Foote, Jr., and anotner vs, Sill.—Reference ordered. Leonard vs. Cariton.—Granted. | Whiting vs. Whiting.—Granted. Question of | amount of counsel fee and alimony must be fixed | by reference, Relerence ordered, Thurber vs. Frost.—Motion denied. Memoran- dum. Mott vs. Van Amburgh.—Motion granted on payment of costs Of inquest. Judgment to stand 4s security. The New York, Utica and Ogdensburg Railroad | Company vs. Guest.—Granted, Goldberg vs, Utley.—Motion granted, Spooner et al. vs. Aronson.—Denied, with oaer vs. New York, Utica and Ogdensburg | Railroad Company.—Resettiea, Matter of Bali et al.—Motion granted. Memo- randum. Netler vs, Sprautz.—Granted. Dantei vs. Cahen.—Motion granted, ‘Thurber vs, ‘trenor.—Motion denied. Bornnager vs. Bloom.—Denied. Memorandum, Croweil vs, Guton.—Motiou dented, Rourke vs, Finnezan.—There 1s a decided con- flict in this motion. Reserence ordered. Mears vs, Myers.— Granted. Avery vs. Willson.—Motion denied. Smith vs, Simpson,—Motion granted. Martine vs, Lowenstein,.—Memorandum. Smith vs. Avery.—Motion denied, Memoran- um, Inslee vs, Hampton.—Motion granted. Donaldson vs, Aronson.—Deuled, with costs, ; Memorandum. i | Searle vs. Searle,—Reference ordered, Clark vs, Barbank.—Motion granted. Miller vs. Bannigan et al.—Denied as to the re- | In this view he had suggested to his . ceiver. Granted as to the defendant senior, \ Chauncey vs. Fatrchild.—Motion denied as to | Lynch. Granted as to the defendant oy detauit, | Memorandum, Vander water vs. Brady.—Granted, ! Close ys. Scanion.—Denied, Clark ys. Langie, tion dented, Miller vs, MeCiare,—Grantea. 3 COURT—SPECIAL TERM DECISIONS. By Juage Sedgwick. Goldberg v8, bougherty.—The demurrer must be Overruled uuder the opinion of Judge Kapalio tm * Morgan vs. Skidmore. Defendant to have leave to answer on payment-of costs, Dewey vs. Dewey.—Motion for precept tor none payment of alimony to time of demand granted. Hinekiey vs. Krutz,—The plaintids will hana to the Court the printed case in Court of Appeals and opinion of Court of Apfeais. In the matter of the petition of Stephen PF. Beekman jor an order that two certain mortgages be dischargedgof record.—Order should provide for notice to bé sent to all parties named in ea tion in interest, with mortgage, through Office, in addresses to them at their \ast places residence; tm petition should show tney are not known. Buchan vs, Scheibel, Executrix, &c.—Motion to strike costs from judgment granted, By Judge Speir. Weston et al. vs. Ketcham et a!.—Cases and exe ceptions filed nune pro tune as of August 10, ee in pursuance and to the order of this Court dat December. 19, 1874. COURT OF GENERAL SEs e THE BRYANT ROBBERY, Before Recorder Hackett. Counsel for Robert Murray, who was tried and convicted @ lew days since of breaking Into the apartments of Luther R, Bryant, in Forsyth street, where were $70,000 in gold and $30,000 worth: of postage stamps, Moved for a new trial, on the ground that the proof was not technically sum cient to warrant @ verdict of guilty of burgiary im the first degree. The Recorder granted the motion, but directed that the case be put on the calendar without dee lay. Murray’s confederate was convicted of burglary in the second degree. MISCELLANEOUS OFFENCES. Philomena Kofferstick, an old woman, was con+ victed of steaing a pocketbook, contaiuing Binety- five cents, from Catherine Henderson, in Washinge ton Market, on the 19th of this month. A detece tive saw the prisoner commit the act, His Honor was informed that she was a professional thief and gave her the most severe sentence the iaw ale lowed, which was five years’ imprisonment in the State Prison, Joseph Craig, who was indicted for robbery, pleaded guilty to grand larceny Irom the person in the night time, The charge was that, om the 20th of November. he stole a gold watch, Worth $135, from Robert J. Menair, in Seventh uvenue, James Brown, who was charged with a similar offence, also pleaded guilty to a minor offence. On the 17th of this month the prisoner struc« Chris- tiai’Schreiber and took a pocketbook containing ‘These prisoners were each sent to the Stare SUPERIOR SIONS. * Prison for ten years. Willtam Harris, a boy, pleaded guilty to an in- dictment charging Lim with stealing, on the Ist of December, $30 irom the person of Aunic Rudolph, He was sent to the House of Reiuge. George Christopher, who, on the 12th inst., stole @ case containing flity pieces of opera flannel, the property of Jumes Bagiey, pleaded guilty to am attempt at grand larceny. Allen Blanchard pleaded guilty to an attempt at grand larceny, the charge being that, on the 12th inst., he stole a trunk containing $40 worta Of property belonGing to Louis Plant. hauncey Edwards, who was charged with steal- ing on the 14th inst. four dresses valued at $200, owned by Whiting R, Merritt, pleaded guilty to an attempt at grand larceny, Hezekiah Springer also pleaded guilty to an at tempt to steal clothing valued at $75, the property of Isaac Simon. George Luudecke, who was charged with break~ ing into the suspender factory of Philip Bernstein, No. 57 Allen street, on the night of the 12th of this month, pleaded guilty to an attempt at burg- lary in the third degree, William Rigby pleaded guilty to an attempt at petty larceny {rom the person. On the 22d inst. he stole $4 from Charles O'Connor. The above pnamec prisoners were each sent to the State Prison tor two years and six months. Christie, who was inaicted for breaking into the stavle of Charles A. Hammond, No. 493 West Fifty- seventh street, on the 15th of this month, pleaded guilty vo an attempt to commit that offence. His jonor sentenved the prisoner to the State Prison for two years. Thomas Gilligan, a little boy, charged with steal- ing, on the 14th iusé., $4 50 from the person of Eawin Holmes, pleaded guilty to petty larceny. This juvenile criminal was sent to the Catholic Protectory. FORGERY. Adolpne Walters, who was indicted for forging & check On the 16th of December for $70 50, purporte ing to have been signed by Wechsler, Abrabams & Co., pleaded guilty to forgery in the iourth degree. The punishment inflicted was eighteen montns? imprisonment In the State Prison. PETTY LARCENY. x Wiliam haley, who was indicted for stealing, on the 1st inst., clothing valued at $30, the props erty of Henry McNevins & Co., pleaded guilty to petty larceny. William Snell pleaded guilty to the minor grade of larceny, the charge being that on the 14th of December, he stole @ package of dog-skin gloves, worth $30, the property of Eugene Bertrund, These prisoners were each sent to the Peniten- tiary for six months. ‘ . DISCHARGE OF THE GRAND JURY. The Grand Jury came into Court in the after. noon with a large number of indictments, and the foreman having announced that they had finished their business His Honor the Recorder discharged them lor the term. Among the iudictments found were several against saflors’ boarding house keepers for violate ting the law compeiling them to take out a license. Bencu warrants were issued for their arrest, and they will be arraigned to plead on Monday, A DISAGREEMENT, Johanna Doherty was charged with steaiing $40 on the 17th of this month, from the apart-* ments of Bridget Murphy, in New Chambers sireet. ‘The jury, being unable to agree upon the question of the guilt of the accused, was discharged irom the Jurther consideration of the case. Assistant District Attorney Nolan consentea to release Johanna from custody. ACQUITTALS. Annie Clark and Bianche smith, inmates of # disreputabie house in Wooster street, were tried upon @ chgrge of stealing $141 Irom Joseph W. rding, known ‘as ‘Joe, the hackman,” on the 5th of this month. He was subjected to a severe cross-€xamination by Mr. Howe, and the Recorder intimated to the jury that 1 would be improper and unsafe to convict the accused after the ex- hibition which the prosecuting witness made of himself on the stand. A verdict of not guilty poke rendered by the jury without leaving ¢heir seats. Andrew Peterson was tried upon an indictment charging him with stealing @ trunk containing vooks, charts and clothing, valued at $200, the property of Henry Smith. The evidence showed that the men were sailors, and that Peterson re- moved Smith's trunk to another boarding house, supposing that it belonged to him, leaving one ot similar size and appearance in its place. ‘The jury rendered a verdict of not guilty. BROOKLYN COURTS. SUPREME COURT—THE TWO WIVES OF JOHN CARROLL—THE PROOF OF HIS DEATH sUFFI- CIENT. The following opinion was rendered yesterday by Judge Tappen, in the matter of the argument of counsel for wile No.2 of the late Jonn Carroll, as against the verdict rendered tn favor of Margae ret Carroll, wife No. 1, who claimed her dower :— ‘The plaintit? brought this action for an ad- Measurement of dower, which she claimed as widow of John Carroll, The only point discussed on whe appeal is the sufliciency of proof of the death of John Carroll. On previous proceedings belore the Surrogate of Kings county the will of John Carroll had been admitted to probate. The plainud at the trial of this action offered the proofs and proceedings in the Surrogate’s Court | to establish Carroll's death. The parties to this action were all before the Surrogate in that matter, Iv was held that the death of Carroll was thereby presumptively established (Greenleat on Evi- dence, vol. 2, p. 325, Belden vs. Meeker, 2d Lan- sing, 470, Affirmed in 47 N. Y. R. 307), The same rule 18 laid down in 26 Barb. 384, Monroe vs, Mer- chant, although the exception in that case 1s that ve will and letters were receivable as ancient records establishing death. Ail the parties to this action have acted throughout on the presumption of John Carroll's death, and, the defendants in possession hold.as nis devisees in their interest, he will Was proven belore the Surrogate, and no reason exists Why the presumption o: death thus raised in their behalf should not be held con- clusive iu the absence of any counter proof, The defendants are all in possession as devisees under John Carroll's will. The adult deiendants bave answered admitting his death, The iniant de- fenaants have put in the usual answer by guar- dian ad litem, 11 the Court should hold John Care Toll living, the devisees have no estate; but Jonn Carroil dead, they become seized ander his will, The proof of death 1s quite sumicient to uphold the judgment, which should be affirmed with costs, Opidion concurred tn by Justice Talcott. FATAL BLASTING CASUALTY, Coroner Etckhoi! was yesterday notified to hold an Inquest on the body of Jacob Retporte, a Gere man, thirty-three years of age, late of No, 423 West Filty-second street, who was Kilied In the yard of his residence py being struck on the head by a piece of rock which had been thrown trom @ blast at No. 416 same street. Thomas Connoily, the contractor, and Chrisuan Schonperger, who exploded the biast, were arrested py the Twenty- second precinct police and detaimed in the statiol house to awatt the action of the Coroner, who wil] make a thorough investigation. The tmpressio prevails ‘hat the biast Was not properly cove abd secured.