The New York Herald Newspaper, January 31, 1875, Page 10

10 THE COURTS. od Vanderbilt and the Lake Shore Rail- road Injunction. appen. sARRAIGNMENT OF PRISONERS. Business of the Courts for the February Term. Milas Freiburg was yesterday held for examima- tion by Commissioner Sulelds on a charge of using cigarette boxes with cancelled revenue stamps upon them, with imtent to aefraud the revenue, Bai) was Oxed at $2,000, Examination set dowa Jor Satarday next. ‘The examination in the case of Gustave W. Bail, ebarged with complicity in smuggling, which was to have been Leid yesterday by United States Com- qmiguioner Osborn, Was again adjourped uni Monday next. The assignment of judges for the tria! of cases before jurors im the Marine Court for the present Serm is—Judge McAdam, in Part 1; Judge Aiker, Part 2; Chief Justice Shea, Part 3, Judge Gross for Spevia: Term, Coambers, THE LAKE SHORE INJUNCTION. Some time ago a temporary injunction was ob- tamed from Judge Tappen enjoining the Lake #hore and Michigan Southern Railroad Company from paying a dividend of three and a quarter per cent, deciared last December. A motion to make the injunction permanent bas beeu denied, Judge Tappen wriuing TRE OPINION. SUPREME COURT, SPECIAL TERM, January, 1875.— Jacop Kovino vs. Tne Lake Snore Raliroad Com- pany aod others.—lappen, J,—Tue pisinul, being an owner Oi certain shares Of stock and of certain Doucs ol the Fallroad, brings this action against the company and the several persons iorming the Board of Directors, to restrain them [rom paying vo the shareholders a dividend upon the stock, ‘ne Union Trust Company are also made defend- ats Upon certain allegations. It may otnerwise be stated as an action in equity by the plaintif, alleging that the de‘eudants are making, or about to make, an improvident or nilegai use of the assets of the company, and tnat euch assets are required to satis'y demands and | NEW YORK HERALD, SUNDAY, JANUARY 3), 1875—QUADRUPLE SHEET. wtatute 2, KR. 8., 452, and before the statute tbis Jurisdicuon was exercised mm Chancery under its equity powers. (Ogden vs. Kip, 6 Jonnaon’s Chan- cery, 100; Attorney General v@, Utica Insurance Company, 2 Johnson, 389; Charitable Corporation ys. Button, 2 Atkinson, 401.) In the caveat law laintifs ‘status i6 thas of a Dondholder or creattor and also that of @ shareholder or member of the corporation, In the case of Marsh ve, The Eaotern Railway, 40 N. ¥., page 48, the Court says COURTS OP BQUITY HAVE JURISDICTION over the corporations at the instauce of one or more of their members to apply preventive reme- dies to prevent any misapplication of capital or profits Which lessen dividends or the value of shares provided, and Sis provise sbouid be noted; the acts mrehded to be done create what is in | Jaw denominated a breaeh of trast. The plaintiff bas brought into Court In this ac- | Hon the Lake Shore Ratiway as a corporation and its several directors aud the Union Trust Com- pany. The directors of the railway are the trus- tees of the suarcholders, and the Union Trust Company hold the $25,000,000 mortgage in trust jor those who hold bonds which the mortgage was ulven to secure or provide for, It will be seen, tuerefore, that all parties, plaintiff and de- fendants, are property beiore the Court tor the prosecu‘ion of an action, if a proper case can pe made out, And here we come to the considera- tuon Of che principal aet complained of by tne plaintim. 16 ts the use of $1,600,000 to pay'a de- clared dividend to the snareloiders, ana the ground jor the complatuing of this act is, incidentaliy, | that the company has not earned profits jusutying @bligations against the company, which are past | due, and the omission to satisiy which will render the property of the company liable to immediata seizure and sale, thereby placing im imminent danger and jeopardy the rights o! property therein of the sharehoiders, to weir great prejudice and damage. The Lake Shore Company ts a railway corpora- tion owning and operating a line o! railway from Buflalo to Unicago, beiug a distance of between 00 and 600 mules, with brauch railways to other Places to the extent of avout 400 miles. The capital stock ts $60,000,000, and there isa standing bonded debt, which is stated at some- ‘tning over $30,000,000, secured by mortgage on the Yailway property apa purchases. On the ist day of July, 1870, the company exe- tuted to the Union Trust Company A MORTGAGE LIEN, to secure bonds to the amount of $75,000,000, to be wisued with the mterest thereom. Twenty one millions of dollars of those bonds were reserved to ‘be Issued to meet the outstanding mortgage dept on the several distinct portions of the railway. By ‘he COmMpany’s anoual report of December, 1871, ‘Mhe proceeds of saie of $4,150,000 of new bonds are wtated at $5,559,610, and the total issue of bonds under this consolidated mortgage is aow stated at $5,500,000. In adaifion to paying interest on the Wonded dent. ana all taxes, asessments id other charges it was sirpalated in the jortgage that the ratlWay company should pay to whe trust company an apnual sum oi at least $250,000 on the Ist day of July in eacn year as a sinking fund for the gradual redemption of the debt, this judgment to be made in money or by | deuvery to the trast company ol the same amount | ef outstanding mortgage bonds. fm case the railway company made defautt in auy of the payments of tue principal or interest o bonds due or becoming due, or of tie payments to Whe sinking sund, or FAILING TE AGEMENT an other payments spec in the mortgage, the ‘trast company were authorized to take possession 1 the ratiway, its branches, roliing st and property generally, to hold the same as mor ces AD possession, aud to use and operate the same, and they were further authorized, in case of any *uch déianit, to sell the mortgaged property at public action, in the city o! New York, and apply the proceeds to expenses, debts, &c. The plaintiff, on exhiviting his complaint, ob- tained 4 te rary injunction resiraining the ‘dre ol a dividend, which had been declared y the directors in December, 1874, upon the stock of the company, payable on the ist of February, 1875, aud on the return day of the injunction the piainud’ moved to make it permanent. The defendants opposed the motion and asked a @issolotion of the injunction, upon the ground tthe plainti is a Speculative and not a bona Ade owner of the stock, he appearing to have ac- aired the same on the 9th o! January, 1875, some ys aiter the dividend was declared and known to him, and apou the further ground that the Coort will not exert its equitable jurisdiction to restrain or direct tne board of Direciors in the Management of the roaq and its resources and propercy unless some palpable violation of law shail be established or & waste Of the trustestate f made mantlest, and tue defendants ciatia that wach is not the case bere. It ts further averred vhat a material statement of fact in the plaintif’s complaint is untrue, the fact being as to the in- stalments toward the sinking fund, and the de- fendants’ affidavits, showing twat such sinking | fund bas been provided tor. It appears by the proois that there were retired and delivered to the Trust Company to be canceiied the sum of 9,000 of Donas of the Cieveland and Asutabula jjroad Company, being one of the roads owned by the desendants. {his transaction is said to have peen ta July, 1874; and furtoer that the rail road company have since paid to the Trust Vom- pany the sum 0! $511,000 in cash, making ia ali the sum of $1,000,000, which it is al- vegecd meets the siuking fond covenant tor ene four years following the making of we mortgage, to wit, for the years 187 The de- Jendants claim that the sinking fuod instalments cannot be exacted by the Trust Company antl tue jarger part or entire sum of the mortgage bonds ©1 $21,000,000 shail be paid; but the defendants have themselves given @ construction to the clause, by making preseot payment of the sinking jund instalments. A deposition of Cyrus P. Leland, andited by the railway company, is submitted, showing the subsiance of a statement made by bim to the Board of Directors on 1874, and On which the directors acted in asver taining and DECLARING THE DIVIDEND IN QUESTION. It is entitiea with Decemver aed.” The statement shows Busiwess o1 tue Six months, ending a1, 1874, December partly esti a guaran | 2 $1486, 860 $).610, 38) \ i er cent on the capital stock 1,607,661 Balance $0 ~~ were The plainti’ questions th Dy Of (nis stare menk and the truih o liegation tnat tae @inking toud ha en prov: with $1,000,000 in cash abd bonds, as alleged by the delendants; Wil We Observed i sion jor Wwe sinkin, Tan? 6 made in any 10 not think it nec a fac the merit s Of the case going to Sol the acon any durtber for the purposes of this uro, All the facta may become the jurtner sudjevts of Inauiry an the further prosecution of tue action oF at the uri. Goarts of eq. assert jurisdiction to quire into the edinge of 4 poration on proper case made. A ce ation Inust ac sHrough its OMcers and dire yet, whiie th bave greater powe y no greater ri than slock Loider. tney @ agents or us tees, ws the case May be, o atter, and may ve eailed vo an account in dn mu in uw the chartered powers aud general statutes, by law governing or touching @ body corpo! ors and officers ority and diveretion a # corporation and its aasets. Such mMavagement is aiways deemed to be for the ipterest of tue stockholders, aud yet uf tue oMcers and directors, provecting tense power by @ majority ol the shares, shall may wile exercise a {u Mauagement of & clear Violation of daty, or reuse to be g y the jaw and the rules toucning their powers acd cuties, the Court Will gve audience to and ent tain an action for suitaule reiiel by 4 stockholder, Whose property in the corporation is tuereiore Placed in jeopardy. ‘This question is ve y examined in Heath vs. Krie Railway, 8 Bla sion thereon largely note aud the corporavion inay fendact. M. Koobins vs. Smith, 8 Paise, 222. sharcbolder was awarded @ standing tn cour maintain such an action, and this latter ca @ bili m chancery by s ders of she Ni ©oal Company ag tue directors, charging them with mprovident conduct in the manage ment of the tr . and the Chancellor held urd, M94, and aud both the directors » joined a@ parties ue- A Decemper 25, | ‘the corporation and the directors might be joined af cefendanca, The Court is given jurisdiction over corpora Avy lay sucn dividend, and, principally, that the directors sbouid apply toe money in pursuance of tue mortgage covenant to the accumulation of the sinkiag [aad, aod that an Omission 80 bo apply it eopardizes the property of the sharenoiders in the corporation by exposing it to the liability of immediate seizure and sale. If the Jacts estab- Ushedin the case do oot amount to @ breach of trust the Court will not be swift to apply the remedy Of am injanction, and in the exercise or the jucicial powers of the Court the discretion of the Court needs to be carefully applied. Li the directors have made good tue sinking ‘und instal- ment, 43 they claim, the plainttil’s chief cause of complaint disappears, He says they have not paid such instalment, bat im the condition in which the question is leit by the allegations aud proofs om either side on this motion that fact must be determined on the trial oi the action. kor the purposes of this motion it wil! be assumed that tie defendants’ freee establishes the jac\ in their savor, 4 relerring to the juaicjal power, combined witn the discretion of the Court, it is proper turth to say that the fact that the plaintif® acquired 200 shares of the Stock some teu days after the declaration of the dividend, and withiull knowledge thereof, is not tobe lost sight of, The other shareholders areentitied to hold the directors to the payment of the dividend declared, Iv is assignaple and new rights may have been created, ana nothing shoud be permitted to defeat that pay- ment but a strongly made case of umprovident action so gross as to amount to a misapplication of the fund by such use, It is incumbent on a plamtiff coming into Court to make out a prima racte case, and something more than the declara- tion and intended payment of adividend and the existence of unsatisiied mortgage debts and the Lob-performance of a special covenant in sup- port thereto will be required. Several authorities are qtea by the defendants on the point that the Court Will Dot exercise inquisitional powers over a corporation. jaw. The Court will not undertake the MANAGEMENT OF ANY CORPORATION, No Court would be equal to that task. attempt might result in greater 108s to the parties Interested than would flow trom a reiusai to inter- | fere, But in thus stating the law it wul be under- stood that trustees and directors may be cailed to account for waste or misappropriation of corpor- ate or trust funds (Cumberland Coa! Company vs, Sherman, 30 Barb., 653) and restrained trom com- Mitting a clear excess of chartered powers, or doing an illegal act to the prejudice of sharehold- ers or cestul qui trust, (Bradshaw vs. Eastern Counties, K. W.,7 Hare, 114; Maunders vs. Com. Bank, 28 Penn., 379.) But where there is no iraua or clear excess of chartered powers, and particu- larly where the act has the apparent approval of shareboiders, an injunction has been refused, (Lord ve. Copper Miners, 2 Platt, 741.) An injunction bas been refused a@ stockholder against the use of funds by the directors for & Certain purpose. And the Court has refused to enjoin @ stock dividend, it Legere | an illegal though it might be an injudictonus act. (Howell vs, Chicago and Northwestern Railway, 50 N. Y, In this case the power to increase the pital was relied on to justify and legalize the stock dividend, and the Court says, “It does not appear tuat any fraudulent intent existed on the part of the directors in making the dividend.” ‘The powers or the Court are furtner discussed in Belmont vs. Erie Ratlway, 52 Barbour, 637, and the bona fides of the suitor also came in qu:stion in that case. Ido not discuss questions in ts case which may more properiy be presented at apy futmre stage of the action, but, governed by the apparent facts of the case on the motion, I con- © nab, come Within the case Ol @ breach ol trust, arising m a Wisapplication or a waste of funds. 2. That the directors’ power to declare and pay dividends is not questioned, and the exercise of | that power will not be interfered with in the case now made. 3. That the plaintiff's acquisition of the stock after such dividend was declared and made known does not prevent this mainteuance of the action for the establishment ol such facts and the de- mand for such relief as may be advised; but that it does go to to the question of enjoming payment of such dividend to the other and seemingly the great body of shareholders, By reason of these conclusions, and within the rule that where the whole equity of the bul is denied, your injuction Will not be continued, and the powers of the Court should be exercised with caution, deliberation add sound discretion. (Boswell, 227, 652.) The motion to continue the injunction pendente Ute is denied. “DECISIONS. UNITED STATES CIRCUIT COURT. Judge Woodruff yesterday rendered the follow- ing decisions in cases which had been taken before the Uuited States Circuit Court, on appeal from the decisions of the District Court:— The Second National Bank of Erie vs, The Ocean National Bank.—Mowon for new trial denied, Boston, Newport and New York Steamboat Company vs. The Propeller Oceanus.—Livel dis- missed, With costa, Wiliam Phillips et al, vs, the steamboat Anna au the steamboat Carrie.—Decree for the libel- lants, with costa, W. W. Evans ys. the Wilkesbarre Coal Company | barge No. 129.—Libel dismissed, with costs. Alfred |. Spear et al. vs, the propeller Titian. Decree lor the libeilants for their damages, wita costs. REME COURT—CHAMBERS. By Judge Lawrence. Wilcox Suver Plate Company vs. Green; Ober- mano vs. World Muiugal Lie Insurance Company. Opinions, Gumau vs. Gilman.—Order settled. By Judge Dononue. Bright vs, Milwaukee and St, Paul Railroad Com. pany.—Mouon denied. Buller vs, Wehi—Suelvel vs, Shinnuel.—Granted, Gill vs. Goardian Savings’ Institution—Homman vs. Treadweli—Randviph vs, Williams.—Memoran- | oum. Deviin vs. Deviin.—Order granted. Wait vs. Wellor.—Motion granted, Hofman vs, Treadwell.—Ailowance granted. Russell vs. Russell.—Vecree demied. freaawell vs. Hoffman.—Allowance granted, Sutton vs. Sutton.—Denied. COMMON PLEAS—SPECIAL TERM. By Judge J. F. Daly. Staats vs. Bristow.—Receiver appointed. Orandum jor counsel. Pike vs. Cohen et Opinion, ARRAIGNMENT OF PRISONERS. In the United States Circuit Court yesterday the following prisoners were arraigned belore Jodge Benedict to plead :—Serrapio Serpa, charged Mem. al.—Injupetion modified, with selling smuggled cigarettes, pleaded guilty, | and was discharged on his own recognizance; Samael Woodward and Josiah Parkin pieaded guilty to robving the mails; Samuel Hoyt, charged with the same offence, pleaded not gutity; Robert B. Leiteh pleaded guiicy to forgery; Wiliam Walker, coiwred, Charged with breaking open lamp-post letter boxes ,and stealing letters there- rom, pleaded not guilty; Eaward Woodward and Daniel Bennett, charged’ with receiving articles stolen from the maus, pleaded not guilty, Tne accused were all remanded jor sentence, and tue Court adjoarned unui Saturday next. OF THE COUE FEBRUARY, There are unusnally full calendars in all the parts for the February term, BUSINESS FOR State hotoing of cents, wtll nave vheir time fully oc copied with salts awaiting trial. As usnal the list of causes embraces a wide diversity of suits; legal conteste between large raiiroad corporations, erpretation of contracts, adjnstmeat of im- portant commercial. questions, construction of Wills, et {4 genus omne, The multiplicity of snits against the city—there being no less than thirteen lo the calendar of one court—nas long since ceased @ marvel, since Comptrolier Green prefers | instead to be g ueavy expenses ior hitigauions Ol promptly payimg honest devia, Ol this brancu of litigation will only diminished by the — remova’ of prevent nead of our financial bureau, in toe Supreme Voaurt there Will be bo se*sion of the Generai Term during Fevruary, veing vecessarily cecupted In the decison of cases oreued during the last monto. In Special Term duége Van Vorst will preside. Judge Vao Brout Wu 0d Cireult, Part 2; Judge Donowne Circuit, Pa and Judge Lawrence, Chambers, The Oyer aud Terminer Will continne to ve presided | that the notes were a part of \he currency of the | church, Second avenne and Tenth street, oi 1m his brief period on | nnusual ability a8 a | over by Juage Barrett, who, the bench, has exotbt criminal jorist, The most important on the calendar is that of Scannel, awaitin; trial, bus the case is ‘diy likely to be reache: nis coun- im the Tilton-Beeoner ti, | the crealt of bis late em This is a proper statement of the | Any such | not to be | Vhat the declaration of the dividend does not | id present | judicauons are vhat judges and lawyers, to say | this month | to drag ite slow length along at least in the ides of Maren. In the Superior Court the General Term will be held by Judges Monroe, Freedman and Van Vorst. Judge Sedgewick will bold Special Term; Judge Spier Circuit, Part 1, and Judge Curtis Circuit, Part 2. } ‘There will be no General Term of the Vourt of | Common Pieas, the judges o1 this court also re- | quirii ume to prepare their decisions of cases argued last term. Judge Loew will hoid Eqaity Term, Judge Robinson Chambers, Judge Larre- more Part 1, ‘Trial Term, and Judge J, F. Daly Part 2, Trial Term, Since tne judges bave begun to enforce more stringently the rules regarding the atiendance of | jurors it is not likely that those summoned to do ury duty will be ag “backward in coming forward” ‘as heretofore. During last year the fines collected for non-attendance of jurors amounted to $20,040— an item which it is worth wulle to those ‘sum. | moned as jurors, in the language of the immortal Jack Bunsby, “to make note ol.’? st { TOMBS POLICE COURT. i Before Judge Kiloreth. \ A BOLD YOUNG SWINDLER. | Ayoung man of fine appearance and pleasing address, named Ratger Teel, was arraigned at this Court yesterday afternoon on a charge of swin- diing. His easy manners and glib powers, to- gether with his previous connection with the par- ties whom he swindied, made it a comparavively easy task for bim to victimize them. it appears that until quite recently he was a clerk in the em- ploy o: Mr. Mark Marque, at No. 40 West Houston street, jor whom he aid a great deal of business, During the early part of the present mon'h Mr. Marque discharged him, since which time be has been doing nothing, nis late tlegal activity ex- cepted. It was his wont during his service to Mr. Marque to make credit purchases on that gentie- | man’s name, @ fact which, he thought, on the 23a | of (his month, to turn to his Own advantage, On the day named be called at tue store of Mr. U. Waizholer, No. 256 South Washington square, and saw tbe clerk, Mr. Abraham Schiiler, of | | whom he purchased $73 76 worth of tobacco on plore. Alter the sale had been made and the bill presented to Mr. Marque it was discovered that the traasaction was a Swin- dle, and police search was made for Teel, Yester- aay he returned (o the store of Mr. Walzhofer and | attempted (o muke anotner purchase on the same | basis. While ttle cierk engaged him exbtbiting | new samples the proprietor sent out for an officer, Who arrived in a few minutes and arrested Teel. | When arraigned Teel said he had no answer to | make in regard to the charge preferred against | him. Whiie the Judge was signing the commit- ment slip in the case @ gentleman named Sutton, of No. 236 Canal street, slipped up to the desk, and | said he had a charge to make agarnst the prisoner. | He swore tpat on the 23d of January Tec! went to his store, and on the plea that he was still Mr. Marque’s clerk, obtained $49 25 worth of leaf to- bacco, Sutton’s aMfdavit was filed with the other and. Teel was cemmitted lor trial. DISHONEST DOMESTIC. Onthe 30th of last September Mr. Charles Mil- ler, of No, 227 Wiluam street, lost his servant girl, who disappeared very mysteriously. By a strange coincidence he the same day lost $97 under the following circumstances :—-About noon of the date mentioned Eliza Heir, the servant, came to hiin on the first floor of the house aud said that his wife, Who Was up stairs, wanted the key of tne | bureau drawers. He gave them to her, and shortly afterward she disappeared, Last week she was seen in Jersey City and an oficer sent after her. When arraigned she had nothing to Say in reference to the charge and was locked up jor trial. ‘TILL TAPPING. Thomas Peat, who keeps bar at No. 61 Oliver | | street, having gone to @ ball on Friday night, very naturally felt a litt!e sleepy yesterday morning. Business being slack he thought he would take a little nap, and to that end he asked Pat Carney aud Joe Boss, two frequenters of nis house, to keep watch and guard, and see to it that eo one walked off with the goods, After delivering this mjunction he com- posed himself in bis easy chair behind the bar and avuzed off. In a short while the men woke him, seying they wanted to leave. He roused himself and bid them goodby. When he went to the till to | make change for a customer who oame in just as | they were leaving he found that money amount- ing to $60 had been stoien, together with a gold and a silver watch worth $25. He went to Boss’ | house in Oliver street and had him arrested. | to be $28,000, For this amount the award was | oailers for the loss of the notes, and having paid | tne value of the notes in discharge of such Havility they were, in equity, entisled to the same | position as if there had been an assignment tothe company Of all the title of the batiers of the notes. The decree was therefore for the company, and the grounds thereof are assigned here as error. Joon E. Burrill tor Vermilye & Co., 0, A. Seward and T. P. Chapman for the company. No. 156 Garrison vs, The City of New York— Error to the Olrcait Court tor the Southern Dis- trict of New York.—Garrison, @ citizen of New Jersey, brought his action against the corporation of the city of York for the amount of an award made to Uim for landa required in widening and straightening Broad’ between yrs | fourth and Thirty-filth atreets, The plainud nad, under the bmg act of 1889, providing for the alteration of the map of the city, an award for $40,000 for his ger oocasioned by the widen- ing of Broadway, By the act of 187i, in relation to the opening of Broadway, it was provided that any award whicn bad been previously made, in wnich there might be error, irregularity, mis- take or oppression, should be set le on motion by the city, and the matter be re- ferred back for @ new assessment. Under this act Garrison’s award was set aside and this action was brought to recover the amount. The Court below held the act of 1371, under which the | award was set aside, to be a bar to the action and it was adjudged ROROECIO NY The plaiutia in error here insists upon the same argument offered below, that the act of 1871 is unconstitu- tional and void, because repugnant both ‘o the constitution of the United States in that it impairs the obligation of the contract established by the award and 11a confirmation, and to the constitu- tion of the State of New York in that it undertakes to divert vested rights contrary to law and with- oust due process. George F. Curtis and J, C. Siaw for inti in error; A. J. Vanderpoel and E. Del afield Smith for city, No, 160, The Narra; tt Steamship Company vs, Pouton, Valpey etal, and Same vs. Pouton, Brett et al.—Appeals from the Circuit Court for the Southern District of New York.—Tnese were cross libela, The libel in the first case was filed by Pouton, as owner of the bark George Brown, against the steamer Bristol, to recover damages as tora total loss, Oc-asioned by a collision with the steamer on Long Island Sound, June 28, 1869. The master and crew o/ the bark setting forth that they lost personal effects were made colivellants with Poaton. The livel in the other case was in personam filea by the Narragansett Company, owners of the steamer, against the persons sup- sed to be the owners of the bark, to recover Namages sustained by the steamer in the collision. The libel filed by the owners of the bark charged the steamer with general un- skillainess and nhegiect, and, among other things, a nigh rate of speed. The hbel of the steamer charged upon the bark neglect and viola- tion oi the maritime rue, in shat, among other things, she did not blow a horn or in some other Way give nouce of her presence. The decree was against the steamboat on the ground principally | that she was running at an excessive rate of speed, The bark was recovered and repaired and Was claimed by the appellants to be worth as much as before the injury, and upon this proof the claimants contended that the measure of dam- | Ages was the cost of recovering and repairing. The Commissioner finding that the recovering and repairing the bark cost more than her value when repaired decided that the llvellant was entitled to damages measured by the fuil vaiue of the | bark before the collision. The Commissioner took evidence tending to show the value of the bark before the collision and found its value made anda further award \or upward of $33,000 was made to the master and crew on account of the less of their personal effects. The District Court entered a decree upon this award, and the Circwt Court affirmed it, From this decree, both as to the responsibility for the Coilision ana the measure of damages appeal is taken, and'it is con- tended that if 1t was not a case woicn should have been decided in favor of the steamer, it was one jor @ division of the damages, on the ground that the bark contributed to the circumstances which caused the collision, and that the rule adopted lor the measure of damages was er- roneous, J. C, Carver for appellants; W. P. Richardson and William Allen Butier for appellee: | pe celeron | INTERESTING DIVORCE SUIT. | —— \ The case of Isaac W. Valentine against Virginia, | bis wife, formerly Miss Woodin, which has been on | for some time before County Judge Armstrong as | Teferee, at his chambers in Jamaica, has just been closed, and Judge Armstrong will in aiew days make his report to the Supreme Court. The suit is for an absolute divorce and the custody of an | | Carney be could not find. Boss pieaded not guilty, and was heid tn default of $2,000 to auswer | } at the General Sessions. | MICHAEL GERMAN HELD. | Michael German, charged with having severely | stabbed Peter Croker, the prize fighter, was neld | iu desault of ball jor trial. | | DISORDERLY HOUSE KEEPERS. | Henry and Matilda Scnmidt, of No, 451 Pearl | street, aud Mary Weinheimer, of No, 29 New Cham- | bers stréet, were held on charge of keeping disor- derly houses, | JEFFERSON MARKET POLICE COURT.- * Before Judge Kasmire. | DANGEROUS STABBING AFFRAY. i William Livingston was held yesterday to await | the result of injuries inflicted by bim on Lawrence | Missait, of No. 80 Horatio street, on Thursday | night, Both men were figoting. when Livingston | ‘drew a knile and stabbed Missalt in the abaomen, | Inficung a wound which the doctors fear wiil | prove latal. ANOTHER STABBING MATCH. On Thursday night Thomas McWilliams, Charles | Hughes, George Gannon and Patrick Sheridan were quarreling on Thirty-sixth street, near | Ninthavenue. During the scuie Sheridan got stabbed in the meht side and was brought to the Reception Hospital in Ninety-niatn street. Officer Murphy arrested McWilliams, Hughes and Gannon, and yesterday they were held for further exami- | nation by Judge Kasmire. i A STAGE DRIVER ARRESTED. William Boyle, a driver of a Broadway stage, was | yesterday held for running over John Schwartz, on the corner of lsroadway and Fourteentn street, aud breaking his leg. Mr. Schwartz was attempt- | ing to cross Broadway at the time, Officer Mc- Cahill of the Twenty-fifth precinct witnessed the | afair ana arrested the driver. ANOTHER RUN OVER OUTRAGE. Thomas burns attempted to jump on the front platform of car No. 97, of the Eighth avenue rail- | Toad, when it was passing the corner of Hudson | and Bank streets. Tae driver, Richard Robinson, seeing him w be partly intoxicated, pushed him off and he fell on the wack. The car‘passed over hisarm and crushed it terribly, Rovinson was held to await the result of Burns’ injuries, FIFTY-SEVENTH STREET COURT. | | Before Judge Bixby. A WARNING TO YOUNG WOMEN, The particulars of @ sad case came to light at this court yesterday, To young peopie of poth | sexes its lesson should be a warning. A young girl pamed Maggie Convelly, seventeen years of ; age, whose beauty and lady-like appearance at- tracted general attention, was placed af the bar © answer a charge of false pretences, Mr. Joun , Goodwin, of No. 668 Lexington avenue, complained | that the prisoner had obtamed a doilar from him | on the false representation that she nad been authorized by Father McKenna to collect money lor the snpport of orphans connected with the | Dominican church in Sixty-sixth street and Lex- | ington avenue. Mr. Goodwin subsequently learned | that there were no val “Hp belonging to that | | churen and that Father McKenna had authorized | no one to collect money. Father McKenna also testified, and denied having ever before seen the defendant. she admittea the charge | and produced the subscription boo! which | snowed that she had made about dozen | other collections, varying from twenty-five cents to $1 50. Her excuse was that compan- jons Who Were in the habit of making this a regu- | lar business had indnced her to go out once, but that she did not repeat the experiment to raise money. She lived with her mother, woo had, sne | admitted, with tears, endeavorea to bring her ap well, Waywardness aud love of evil company nad, however, brought ber to her present posi- tion, from which a life of two years in a convent was not sufficient to save her. Sue was commit. | ted tor triai at the General Sessions in delault of | $500 ball, She will probabiy go to the State Prison, | unless the clemency o! the Court shall save her, | pre UNITED STATES COURT. WAsHNnoron, Jan. 30, 1875, No, 157, Vermilye et ai. vs. Adams Express Com- pany—Appeal from the Circuls Court for the | Southern District of New York.—fne appellanis | | claimed to own five seven-thirty notes of $1,000 | | each and three like notes of $100 cach, which they | sent for redemption. The Adams Express Com- pany also caimed ownership, alicging that the | notes had been stolen from its possession. Bach | of the claimants notified the government not to pay tothe other, urging that the adverse claim was unjounded, the appellants alleging purchase in good faith and the express company denying it, and averring that the appelancts nad notice of the larceny before their parchase, and that they | must also have kovwn [rom the appearance of the notes that band had jost’ their ne. | gotlable character. The decision was that, as the notes were purchased. by the ap: pellants after maturity, they conld not | | be regarded aa fond’ file purctiasers, without no- | tice, and heid noting but (ne accual titie of bim | who sold to tuem, It Was also decided that there | was no force in the suggestion o the appellants, country, and were therefore enttiied to be placed on @ different footing from ordinary commercial | pape! Although Were was no cvidence of any ransier to the express company by @ bank or other person, still the oomeeey Had #@ right to re- cover aa bailers, having a special property in the NA Silk Me Late Jao fase | mitted with & young man of twenty-two | the 38tn year of ty only child. Valentine was married to Miss | Woodin at Roslyn, in 1868, he being then twenty- | three years old and she sixteen years and eight months. After marriage they | at once commenced nousekeeping. Belore she was eighteen years oid she vore him a danghter. Sub- | sequently there was a second child, but it lived | only asnort time. She leit her husband and re- | turned to her father’s house in 1871, taking the | daughter wits hec step in which she does not appear to have encountered much, if any, opposi- tion on the part oi ber husband. Karty in 1874 he commenced the present action against her for | absoiute divorce, alleging adultery as the princi- ge reason way & decree should issue in his iavor. | he adultery is alleged to have been com- | years, named Charies Potter, who boarded at her father’s hetel, near the railway depot at Koslyn, and witnesses were brought to swear tnat she had visitea an old woman named Remsen, liv- | ing in the neighborhood, with the view to procur- ing an abortion. ‘The testimony is very volumi- nous and very conflicting, and the decision rests much on tue credibility Of the opposing witnesses. The case has attracted a great deal of attention throughout Queens connty, wnere the parties ure well known. Valentine has also sued young Potter in acivil suit ior seduction, laying his damages | at $100,000, and the case is on the Circuit Court caleudar ior Apri. EXCISE ON STATEN ISLAND. The number of licenses granted by the Board of | Excise of the village of Edgewater is as follows:— For Middletown, eighty-two, amounting to $2,460; Southfield, thirty-eight, amounting to $1,140, Total, $3,600, ‘The old board will meet during the coming week to square accounts aud have the books in readiness to tarn over to tne board to be elected under the new law of the town elec- tions—three for each town—to be held on the 9tn oi February. MARRIAGES AND DEATHS, sibilant ENGAGED. ODERFELDER—ROSENTHAL.—Mr. SAMURI. OBFR- FELDER, of Enreka, Nevada, to Miss Emma ROSEN- THAL, of New York city. No cards. MARRIED. the Rev, J. J. White, WALTER S. HAMILTON to ANNA Louise O'DONNEL, both of this city, No cards. HooPeR—WILLIAMS.—On the 28th inst., by the Rev. George Patnam. D. D., Jawes R. HOOPER to Gentrope F., daughter of the late George F, Wil- Hams, all of Boston. 7: *LANGSDORY—LEDERFR.—ID thts city, on Wednes- day, January 27, by Rev. Dr. vottheil, at the resi- dence of the oride’s sister and brother-in-law, SIGMUND LANGSDORF to FANNIE LEDERER, all of New York. | MoONKY—ReGAN.—On Thorsday, Janoary 25, | 1875, at Nativity church, by the Rev. William | Everett, THOMAS N, MOONKY, Ol Utica, to Miss NELLIE M. REGAN, Of New York, McCDONALD—CaRrny.—At Fort Washington, on | HAMILTON—O'DoNNEL.—On December 5, 1874, by | i | i Wednesday evening, January 27, 1875, by the Rev. be A. Brann, D., WILLaM M aLD to Miss Mary R. Carr RANSOM—TENNISON.—ONn Thursiay, January 25, | by the Rev. Dr, Millett, at his residence, JosErit | Ransom, late of London, England, to Miss E1iva | JANE TENNISON, all of this city. TUCKER—DOWNING.—January 28, 1875, at the | residence of the bride's father, by the Rev. Thomas Gallaudet, Mr. CHanies A. TvOKeR, Of Boston, to | Miss BeRTHA Dow: , of this city, WorpeN—Larvs.—On Wednesday, Jannary 2 by the Rev. Father brennan, Tomas ©. Wornr | gomery and Grove streets, on Monday, at two P, | Kelly, aged 17 years, | year of his age, | o'clock sharp, at 193 Bowery, to unite in paying Jefferson avenue, Elizabeth, N. J., on Monday, Feb» | Puary vet oleluck Pr ‘Trains irom Liberty | streé ar. CAHILL.—At Westchester, on Satarday, January 30, 1875, I54BEL M. CAHILL, wife of L. F. Canill, aged 24 years, ‘the relatives and friends are respectfully in- vited to attend the funeral, on Monday, Febru- 1 *U snow.—On Thursday, January 28, Mrs. ELIZA- BBTY UasHOW, 4 ys 4 months and 18 days. Relatives and {riends ‘tne family are respect- fully mvited to attena the funeral, from resi- dence of her daughter, No. 98 Union place, Green- Rous on Sunday, the let inst, at two ‘CHAPIN.—On Satur¢ay morning, of diphtheria, Bessie W., eldest daugbter of Frank and Maggie Chapin, Funeral services at No, 955 Gates avenue, Brook- lyn, idee Sea at for ovciock P.M. hike ends are invited. Corr January 29, Mrs. MARGARET are invited to attend the fner: January 31, at one o'clock, from her laje nee, No, 407 West Fortleth street. CONNELLY.—In Jersey City, on Friday, January 20, MICHARL CONNELLY, a native of the parish of VOBAVADEAY, county Galway, Ireland, in the 55th ear of his age. ‘i The triends of the family are respectfully invited to attend the funeral, from his late residence, 143 Morgen street, at ten o'clock A. M., on Monday, epruary 1, 1875. CONNOVER.—OD bole ee 30, EPFIE CONNOVER, in the 78th year a The relatives and friends are invited to attend the funeral. trom the residence o! her daughter, Mrs. K, A. Powles, 182 Perry street, on Monday, February 1, at eleven A. M. ConnoRrTON.—At Union Hill, on Friday, January KATHERINE CONNORTON, the beloved wife of iMtenael Loire Ot Br ipa of the county Ros- common, land, ec years, i ‘The relatives and irienas are respectfully invited to attend the funeral, on Sunday, January 31, at one P. M.-precisely, trom her late residence, cross- ing Ohristopher street terry to Calvary Cemetery. Gonson.c at Marmer’s Rarbor, 8.1, on satur- Gay morning, January 80, ReBecca, wife of Cap- tain A. EB. Corson, In the 69th year o! her aye. The relatives and friends are respectially in- vited to attend the funeral, irom her late resi- dence, on Monday, February 1, without turtuer Rotice, at two P. M. San Francisco (Cal.) papers please copy. Crouivs.—Suddenly, on January 28, GEORGE H, CROLIUS, in the 38th year of bis age. Relatives, friends and members of the Unitea Trade Association of Journeymen Sallmakers are respectialiy invited to attend the funeral, from his late residence, 41 Sullivan street, on Sunday, January 31, at one o'clock P. M. CKOSSMAN.—On Friday, January 29, suddenly, of membranous crouP, BLANCHE Eva, yonngest child of William H. and Charlotte B. Crossman, aged 2 years and | month. Relatives ana iriends of the famtty are invited to attend the funeral, from the residence of her ps- rents, No. 34 Lawrence street, Brookiyn, this (Sun- day) afternoon, at two o’ciock. Dickinson.—In Jersey City, on January 29, 1875, WiLLiaM H, DicKINsON, Sr., in the 72d year of his | age. Funeral from St. Mark’s church, corner of Mont- Corry.—On Frida: M. Friends and famiiy invited to attend. D!ARNEUX.—LEONINE died January 30. Friends please take charge Of remains, at 671 Eighth avenue, Washington papers please copy. ForMaN.—In Brooklyn, on Friday, January of pneumonia, JOHN A. Forman, 10 the 65tn year of his age. Relatives and friends are respectinily invited to attend nis funeral, on Sunday, January 31, at hait- past one, from the Franklin avenue Presbyterian churoh, Rev. S. P. Halsey, pastor. Edinourgh (Scotland) papers please Copy, FREEMAN.—On Saturday, January 30, of pnen- monta, MarrHa G., beloved wile of Bdward M. Freeman, and second daughter of the jate Oaptain James S. Nash, of Norwich, Coun., in the 30tb year of her age. Notice of thneral hereafter. Norwich and Westerly papers please copy. FoormaN,—On Friday, January 29, KaTig, only | daughter of Patrick and srrget Footman, aged 6 months and ten days. Funeral to-day (Sunday), at half-past one o'clock, irom 508 West Fifty-fifth street, Friends of the family are invited to attend. GLENNON.—On Friday, January 29, PaTRick GLEN- NON, in the 30th year of his age. fis friends are respectinily invited to attend his funeral, irom his late residence, 19 Vandam street, on Sunday, 3ist inst. } HACKI.EY.—On Friday, Louisa HacKiRy, wife of | the late Frea A. Hackley, and daugater of tne late Coione! Peter Relyea, of Albany, Funeral at 105 Java street, Greenpoint, on Mon- day, at four P. M. Hart.—On Thursday, 27th inst., Fans ter of Henry E, Hart. Panerai from 453 West Seventy-first street, on Sunday morning, at hali-past nine o'clock. HantNerr.—On January 28, DANieL Harrynrr, aged 64 years, ‘The deceased was a native of Kil- larney, county Kerry, Ireland. Relatives and friends of the family are respect- fully invited to attend the funeral, this day (Sun- day), at one o’clock, prompt, from nis late resi- dence, No, 128 Beekman street. HUGHES.—An anniversary mass will be offered for the repose of the soul of the late Mrs. Henry HvuGnes on Wednesday morning, February 3, at mine ernne at St. Anthony’s church, Sullivan street. Jonzs.—On Saturday, January 30, at one o'clock, alter a long’ and severe illness, JoHN J., second eldest son of William and Margaret Jones, The friends of the famuy and the members of Company (, Seventy-ninch regiment, N. G. S. N. Y., are respectfuliy invited to attend the funeral, from his late residence, 740 Kast Ninth street, on Monday afternoon, at half-past one o'clock. KELLY.—At the residence of his grandmother, Mrs. Boyle, 98 Nassan_ street, Brooklyn, JOAN FELIX, son of Anna T, and the late Jeremiah daugh- Notice of the funeral hereafter. LanG.—On Saturday, January 30, at etght ‘o'clock A. M., JOHN LanG, aged 40 years, 6 months and 7 days. Members of John D. Willard Lodge, No. 256, F. and A. M., and Turtle Bay Lodge, No, 342, 1. U, of | O. F., are respectiullyenotified. Notice of funeral nereatter. Lxrson.—Suddeniy, on Friday, January 29, WILLIAM WARREN LETSON, in Ue 48in year of bis age. The relatives and friends of the family and Members of Atias Loage, F. and A.M, are re- spectfully invited toattend the funeral services, at his late residence, 233 Fourth street, corner of West Tenth street, on Moilday, February 1, at haifpast one o'clock. ATLAS LODGE, No. 316, PF. and A. M.—The members of this lodge are hereby summoned to attend a special communication at the lodge rooms, Ma- sonic Tempie on Monday, February 1, at twelve o’cdock noon, for the purpose of attending the funerai of our jate brother, WILLIaM W. LETSON. By order of ALBERT H. DAKIN, Master, Go, W. DURYEF, Secretary. LINAHAN.—On Thursday, January 23, after a short iliness, CHARLES LINAHAN, native of Vastie- town, Roche. county Cork, Ireland, in the 50th The relatives and friends of the family are re- #pectfaliy tnvited to attend the funeral, from his late residence, 25 Greenwich street, this (Sunday) afternoon, at one o'clock. MAERNBLL.—Ou Wednesday, January 27, 1875, alter @ short illness, DaANigl, MaRNSLL, aged 66 years and 7 months, The friends and acquaintances are Invited to at- tena his funeral, irom his late residence, in Pros- pect street, near Vernon avenue, Flatbush, on Sunday, 31st, at half-past three o'clock, to the Cemetery of the Holy Cross. MORTIMOR.—PORTER COUNCTI, NO. 1, M. B. of B.— BRETHREN—Y ou are respectfally 1uvited to attend &@ special meeting, on Sunday, January 31, at twelve the last tribute of respect to our late worthy | brother, WILLIAM MorTiMoR. Brethren of sister councils wili please attend, | By order of the W. C. CHARLES SIEVERT, Secretary. MURPHY.—On Friday, the 20th, MICHA) A halive of Limerick, Lreland, in the 7’ his age. ‘The iriends of the family are respecttuily invited to attend the iuneral, this day (Sunday), at hall past one o'clock, from the residence of bis son- in-law, Thowas Holahan, No. 632 Hudson street. of New York, to Miss Magork E. Latus, of Wil- Namsburg, N,'Y. DIED. ALLEN.—On Tharsday evening, January 28, 1875, | ANDREW ALLEN, in the 64th year of his age. Relatives and friends of the family are respect. fully tnvited to attend the faneral,on Sunday, | January 31, at one P. M., from his late residence, 273 West Fifty-second street. ATKINS.—On January 50, 1875, Mrs. SARAH AT- KINS, O! No. 133 Thompson street, at twenty-five | minutes alter nine P. M. Due notice will be given of the funeral in Mon- day's Herald. | BarKeR.—In Brookiyn, on January 29, Davin W. Bakker, aged 65. ‘The remains will be taken to New Haven, Conn. Funeral at convenience family. BERRY.—Abt his resivien 115 West Forty-fourrn | street, Saturday morning, January 30. very snd- | deniy, of embolism of the heart, THOMAS S. BERRY. Notice of tuneral hereatter, BREWRR.—On Wednesday, January SonLomon | K., beloved son of Mary J. and the jate Nelson | Brewer, aged 29 years, 10 months and 13 days, | Relatives and friends of the famtiy, also mem- | bers of the Gramercy Boat Cinv, are respectfully invited to attend the funeral, from his late resi- denea, No, 255 West Twenty-aixtn street, at ten o'clock, on Snnday, 31st inst. The remains wili be taken to Tarrytown for interment. BRADLEY.—Ou Saturday, Jannary 40, EK. BRADLEY, wife of William Bradiev ‘The funeral services will be meld at her jate resi- dence, 316 West Fifty-third street, on Sunday, | January 3}, at halt-past three P.M. BuLt.—Saddeniy, on Friday evening, January 2, OMARLES GUION, son of James M. Ball, ksq., In age. helatives and friends of the family are respect- kK fully invited to attend the funeral, at St. ‘3 in Mon- Aanaiet day, Fepruary |, at three o'clock P. M. Bunreert.—At Elizaceth. N. J., on Friday, Jana- UBAN BADEAU BURTNRTT, In the Seth year eC. Kelatives and friends of the family are respect- Muily invited to attend the tunerai, from the resi- Wie A DOS ABD U-lAW. gy We MA WAABKAL sa, | Thomas and Annie McGovern, aged 3 years, 11 | parents, No. 16: ; tose Of ber sons, Charles and sane ; Tuary 1, at on | funeral serv fully invited to atgend the funera’, trom her jave residence, 406 West Filty-flth siveet, on Sunday, | Sigt inst., at one o'clock P. M. NOLAN.—On Jantary 28, MaRY Jann, Wife of John McGOvERN,—On Saturday, January 0, of mem- branous croup, WaLtgr Tuomas, only soa of | months and 17 aays. i Faneral will take piace on Monday, February 1, at one o’ciock P. M., from the residence of his est Fourth strect. Interment in Calvary cemetery, Relatives and friends are respectiuily invited to attend. unty.—On Saturday, January 3), Many, be- loved wife of Bernard McNulty, in the 73d year of net age. The relatives and friends of the family, also ave re- Tom her Filth street, on Monday, Fev. o'clock P, M. _NeVIN.--On Friday, Janu 29, Joun J. Me NEVIN, Jt., @ Dative Of Ballinasioe, County Galway, Ireiand. Relatives ana friends are respectfully invited to attend the ‘uueral, trom ibe residence of his brother William, 208 Thirg avenue, on Sunday, January 31, at one o'clock P. M. Newcows.—On Saturaay, Jannary 1875, EuizaueTa Neweome, widow of Hon, Obadiah Newcomb, deceased, in the 76th year of her age, Relatives and triends are invited to attend the at the residence of ber sou, Dr, o, Newcomp, 233 East Twelith street, on Tuesday, Fenruary 2, at eleven o'clock A. M. Nicnorson.—On Wednesday, January 27, SARA B., wife of Albert B, Nicholson, in the 40th year of her age. Relatives and friends of the family are respect spectfully invited to atiend the funeral, Jate residence, FE. Nolan, and aaughver of John and bilza Reilly, aged 22 yeara. Friends of the famiy are invited to attend the funeral, from her iave residence, 407 Hudson oo Ob Sunday, at one o'clock, to Caivary Gem- ery. O'URIEN,-OD Thursday, January 28, at five AS M., WILLIAM ©. O'Baign, aged 36 years, 10 month. and 16 days, The relatives and friends of the family, and those of his father-in-law, Lawrence R. Kerr, Esq. ; also MONKS Of WWE YeLORE ABOCLATIONS }O Whupn de. | around him by his | Sheldon, | to atcend the tunerai, irom Nis iw | on Monday morning, at hi | requie: ceased belonged, are invited to attend the faneral, from his late residence, 455 Second avenue, on Monday morning, February 1, at half-pagt nine o'clock, ‘The rematns will pe conveyed to the Chureh of the Epiphany, Twenty-first syeat it Second avenue, where & solemn mass of requiem be offered for the repose Of Dis Soul; thence to Calvary Cemetery. The members of Excelsior Pishing Club’ are ear. nestly requested to meet at the Putnam House, on Monday, February 1, at nine A. M. sharp, to: pro- ceed in a body to pay the last tribute of respect to our late comrade, Meo oe pROOeS, W. Heyry Brown, Secretary, sous ASSOCIATION OF EXEMPT FIREMEN: em- bers of the above association are hereby notufi to meet at No. 455 Second avenue, on Monday, February 1, at half-past nine o’clock A. M., ore: Brgpone of paying the last tribute of respect to our ale worthy member, een cf Maree a, F a A RN, PF. 8, ‘The Firemen’s Bali Committee are requested to meet at No. 248 Fourth avenue on Monday, Feb- ruary 1, 1875, at nine o'clock A. M. sharp, lor the purpose of attending the {uneral of our late asso- ciate, William ©. O'brien, JAMES F, WENMAN, President. JAMES CAMERON, Secretary. Whereas the Fire Departmens Ball Committee ore Grae oH ne rise ot eae sad- ess the in nee of the demise o: c associate, William C, O’Brien; and ane Whereas while we bow with humility to the bde- h ot Almighty God, we Erofoanay, regret se Joss Of such & warm hearted fates ct gentleman and true man the interest he jever Mantiested for the cause in which we were en- @aged developed a sincerity of purpose that com- manded the respect and regard of those with whom he was surrounded and bound bim to then, by the strongest ties of unalloyed iriendsnip aud esteem; therefore be it Resolved, Thas in the death of William C. O’Brien the Fire Department Ball Committee fee! that they have lost a cherished companion, an energetic and honored member, and one who, by his manly presents lent dignity to their body. Resolved, While mournfully reflecting on this loss to ourselves, we ieel it our duty to extend our heartielt sympathy to his widow and relatives. JAMES: MAN, President, JAMES CAMERON, Secretary, NeW YORK, Jan. 29, 1875. At a meeting of the clerks of the district courts Of the several judicial districts of the city of New York, heid at No. 391 Fourth avenue, on Saturda: January 30, 1876, the iollowing preamble and reso- lutions were adopted :— Whereas we have been informed of the death of our wel! beloved iriend and associate, Willam C, O'Brien, late Clerk of ihe Sixth District Civil Court; and whereas we deem tt due to nis memory that bis merit should receive fitting tribute from those who knew and prized his worth in life; and Whereas we deeply sympathize with the sorrow. ing widow in her bereavement and the loss sus- tained by mourning relatives and iriends; be it therefore Resolved, That while we lament the loss by death of our deceased friend and brother, Wiillam ©. O'Brien, We experience # sad and mournal satisiaction and pride in paying just tribute to his brilliagt talents and to tie Kindly qualities Of heart which rendered his life not only useiul to the community as a citizen and officer, but endeared him to a large circle of triends, wha had learned to appreciate the promptings whicn made him ever ready to aid the weak and anior- tunate, equally fearless and faitutal to resist wrong and oppression, and shedding hgnt and joy beaming smile and genial, gc nerous nature. Resolved, That sympathizing with his hon- ored wedded partner and relatives and iriends, we tender to them this expression of our esteem for the deceased during his lifetime, our bonor for his memory and heartfelt condo- jJence On the bereavement whick has cast gloom in the desolated home and soxrowing social circle, Resotved, That a copy of the foregoing preamble and resolutions be properly engrossed, duly au- thenticuted and presented by a committee to tho | beloved companion of our deceased friend and as- soclate, a8 & tribute to his memory ana an evi-’ dence of our sincere sympathy im the great loss which she hag sustained, JOHN H. WHITMORE, Chairman. Joun J, CLagK, Secretary. At @ special meeting of the Phoenix Cind, held at their rooms, No, 245 Fourth enue, on Satur- day evening, January 30, 1875, Mr. James M. gregor in tne chair, the following preambie aud resolutions were adopted :— Whereas it has pleased Almighty God to sum- mon from this life our beloved friend @nd assu- ciate, William ©, O'Brien; therefore Resolved, That in his death toe Phenix Cup mourns the joss of an estimable gentleman and geal iriend, woose qualities of mind and heart Ee lim +0 ali Woo had whe pleasure of bis soclety. Resoived, That our deepest sympathy is hereby tended to his bereaved wile and grie{ stricken relatives im this their pour of sorrow. lkesolved, at the members of this cinb, of whicd he was an able and zealous execuuve oMcer, attend the funeral in a bovy, and that a copy of these resolutions be suitavly engrossed and pre- sented to his widow. JAMES M. MACGREGOR, President, WILLIAM H. KELLY, Secretary. O’HARK.—On Friday, January 29, Mrs. MARY ANN O'HARE, aged 36 years. Funeral to take place on Monday, February 1, from 226 Kast Twentieth street. O'SULLIVAN.—On Saturday, January 80, of pneu- Monia, in this city, at her residence, 63 Kung street, Miss HANNAH O'SULLIVAN, aged 25 years. Funeral to Calvary Cemetery this day, at balf- past one o'clock P. M. Cork (lrelaud) papers please copy. PULLoT.—At Madivou, Fia., on January 21, HENRY son of A. P. Pillot. rhe sriends oL$he iamily are respectfully invited to attend the” funeral, [rom St. Mark’s church, orange, N. J., on Monday, February 1, on arrival ol the Morris and Essex train, leaving New York at ten minutes past one o'clock P. M. REEDY.—JOHN RwEDY, in the 26th year of his age. The relatives and iriends of the family are re- spectiully invited to attend the funeral, from the residence of his brother, James Reedy, No. 299 South Fourth street, Brookiya, BE. D., at one o’clock, Sunday, January 31, R&YNOLDS.—On Friday, January 29, WiLLiaM H. REYNOLDs, in the 28th year of his age. Relatives and friends of the family, also mem- bers of Ainaranthus ge, No. 362, L. O. of O. F., are Invited to attend the juneral services, on Sun- day alternoon, 31st inst, at turee o'clock, from nis late residence, No, 322 West Eighteenth street. ‘The remains will be taken to Ridgefield, N, J., on Monday, at ten A. M., ior interment AMARANTHUS LODGE, No. 126, I. 0. or 0. F.— BRETHREN—You are requested to meet at No. 3: West highteenth street, on Sunday January 31, 1875, at three o'clock P. to pay the last tribute of respect to our worta, ‘other W. Reynolds. A. RUMLER, N. G. RipER.—At Greenpoint, on Wednesday, January 27, ISABELLA, the beioved wife of James P. Rider, in the 85uh year o1 her age. The iriends of the family and those of her grand- son-in-law, Mr. T. McGoey, are respeetiully invited to attend the funerai, irom the residence of her sou-in-iaw, Mr. J. Gilles, No. 102 West street. Her remains will be taken to St. Anthony’s church tnis day (Sunday), at one o’ciock P. M.; from thence to the Cenictery of the Holy Cross tor inter- ment. Rovecue.—On Friday, January 29, Peree F. ROVECHE, aged 52 years. His relatives ana friends are respectfaily invited to attend the :uneral, irom the residence of Mr. P. Cayot, No, 60 Marion street, on Sunday, January 31, at one o'clock. Interred at Calvary Cemetery. Sawyen.—In Brooklyn, January 29, 1875, of con- sumption, ROSWBLL HOPKINS SaWYBR, ip the 72d year of lis age. Relatives and fnens of the family are respect- fully invited to attend the ‘uneral, tram the Church of the Gooa Shepherd, McDonough street, no Stuyvesant avenue, Brooklyn, on Monday, Febr: ary 1, at two o’olock. Fuiton avenue cars to Stuy- vesaut avenue. ‘ Scorr.—On Friday, January 20, James, the infant ek of David and clien Scott, aged 4 months and ays. Puueral on Sunday, January 31, at half-past one P, M., Irom the residence of his parents, 192 Free- eet, Greenpoint, L. L —At 125 Bust Twenty-seventh street, on Frivay, January 29, Of entero-colitis, PRANK DweMs, infant son ef Welcome E. and Hannab M. ed 19 days. SNIVELY.—On (Friday evening, after a short tl- ness, KLiza JOSEPHINE, Wife of Dr. J. C. Bnively, aged 35 years. ‘ne relatives and friends of the famil; Spectfuly invited to attend the funeral, from her late residence 139 Clinton street, Brookiya, N, Y,, on Tuesday, February 2, at two o’clook. S?ayLeToN,—On Friday, January 20, Parrick STA FLETON, aged 45 years, a native of King’s coun~ ty, Ireland. ‘The relatives and friends of the family are re- Speetiully mvited to attend the janerai, irom nia late residence, 338 Kast Twenty-fourth street, on Sunday, 31st inst., at one P.M. ST, Fri January 29, MICHARL Stars, f nat t n of Cappagn, county fyrone, reland, in bis Gist year. The relatives and [riends of the family and those o/ tis brother Francts are most respectiully invited residence, 336. West (wenty-fifth street, on Sunday, January 31, are re- $ | ar one o'clock; thence to Oalvary Cemetery for in- terment, ULHAW.—SABINA, the beloved wife of Henr Uleaw, and @ native of county Longford, Ireland, ed 42 Years oeriends or the family are respectfailly invited to attend the funeral, (rora her iate residence, corner of Flusbing avenue and Canton street, Brooklyn, i-past nine. A solema m mass will be celevrated at the Church of the Sacred Heart, Vaaderbut avenue, Brooklyn, at the noar of ten o'clock A. M. Weoner.—On Tuesday, January 26, 1875. Isaac Werser, only son of Loutsa and tne late lsauc Whe relatives 2 r { Evangelist Lodge, F. the members of Metropolitan focae are respectiuily tavited to atten he Universalist cbnreh, corner of Bleecker and Bowning 5 ape this (Sunday) afternoon, at one o’ciock P. M. BvaNexurst Lopas, No. 600, F. ard A. M.— BRETHREN ;—-You are hereby notified to meet at the lodge room to-day (Sunday), Jannary Sl, at hau-past twelve P. M.. precisely, for the purpose of attending the funeral of our late orotner, Isaac Wenber. Brethren o! sister lodges are renpect- fully invited to join with us, JOUN F. BALDWIN, Master. J, BH. Jones, Secretary, WILts.—At Rockaway, first month, 2tn day, Geonas J, WILLS 10 Vhe 77th year of ium asae