The New York Herald Newspaper, February 13, 1875, Page 11

THE COURTS. A Sharp Judicial Admonition to Litigants. QRIE RAILWAY FREIGHT BUSINESS. A Singular Suit Against a Husband. | Judge Lawrence, of the Court of Common Pleas, th acase brought to trial before bim yesterday, ook occasion to administer a timely judicial cau- tion to litigants. A letter in reference to the case had been sent him by the plaintiff in the sult. ‘Taking this letter as bis text, he characterized Buch conduct as highly reprehensible on the part of any litigant, and then added that if any suck proceeding was again resortea to he would take care that the proper remedy be applied te the party offending. He made this public annoance- ment from the Bench, he said, in order to notify parties that they must not resort to such proceed- Ang in the future. F: The report of the Commissioners of Estimate and Assessment for the opening of Eleventh ayenue, sbove 165th street, was yesterday submitted for confirmation to Judge Lawrence, in Supreme Court, Chambers, Oppesition was made to the confirmation of the report on benalf of a number of property owners, the latter claiming that their agsessment for benefit after naving been once fixed had been illegally inereased. Judge Law- rence reserved his decision. Joseph A. B, Cleveland was yesterday held for examination Ly Commissioner Shields on @ charge of selling unstamped cigars, SUIT BY THE ERIE RAILWAY COM- PANY, Previous to 1874 the Erie Railway Company managed its freight business through agents, pay- ing such agents regular saiaries, as also persons employed by them for many years, Oliver H. B, Archer was one of such agents. In 1866 a change was inetituted in the conduct of such freight business, Mr, Arciier took a contract to receive and deliver all the freight arriving at the New York terminus of the road, he being paid so much per ton or py bulk. Mr. Archer paid rents of the offices required for hig use, a8 aiso the salaries of some 1,000 persons employed by him in connection with the reception and delivery of freight. His contract was renewed in 1&6s and again ta 1871. | ‘The latter contract was anuulled in April, 1873, A A difficulty ensued in the adjustment of their ac- counts. Belug unabie 10 arrive at au amicable settlement the Railway Company brought suit against Mr. Archer for $132,vv0, claimed to be owing by him at the time of the annulling of bis contract, In his answer Mr. Archer sets up various counter claims, aggregating $640,000, Which elaims the company owes him. This suit ‘Was some time since referred to ex-Judge Mitcuell. It is bow claimed on benalf of tne company that in order to enabie them to properly prosecute this suit there shuuld be delivered to them Mr. Archer’s books of account, filing, it is said, 337 volumes, .With @ view to obtain possession of these books a motion was made yesterday in Supreme Court, | Booth’s ‘Theatre. NEW YORK HERALD, SATURDAY, -FEBRUARY 18, 1875.—TRIPLE SHEET: fendant to retain the pictures for three years, when, on payment of the $900 due by Mra. Birdgall, the pictares are also to be returned, Judge Daly, in ordering a juror to be withdrawn, said that the termination of the case reminded bim of an epi- - on the headstone of a child a day and a halt old :— Ifo soon I was to be done for, IT wonder what I was begun tor. Judge Daly then told the jury that they might cousiaer this his charge in the case, CUURT OF GENERAL SESSIONS,- DISCHARGED BY THE GRAND JURY. In the Court of General Sessions, before Recorder Hackett, this moraing, Mr. A. Oakey Hall cailea attention to the fact that he understood the com- plaint le by Mr. Bergh against Henry C. Bab- cock was discharged by the Grand Jury, and he (Mr. Hall) Raving received an intimation that the rogecution would take another shape, he moved hat the fact of Mr. Babcock’s discnarge be en- tered upon the minutes of the Court, Ws Honor said that such an order was made Rl the complaint was dismissed by the Grand Urye THE ADAMS EXPRESS ROBBERY. Mr. Hall then moved that the bail dxed by the magistfate in the sum of $10,000 upon an indict- ment against Joseph Ehrich for receiving stolen money be reduced te $2,500, It is charged that Ehrich receivea fort and a large quantity of bonds, the proceeds of the robbery ot a sale be- longing to the Adams ress Company. The counsel claimed that the was excessive, aud that the only rroof against the accused was the statement oi the thicf who stole the money. As- sistant District Attorney Russell opposed the mo- tion, stating to the Court that he nad proof to cor- roborate the alleged thief, and 1m addition to that there were @ large number of old indictments against Ehrich, Mr. Hall replied that he pre- dicted when the case came to trial the evidence @gainst his client would be so weak that the Dis- trict Attorney would abandon the prosecution. The Recorder took the papers and reserved his decision. THE METROPOLITAN THEATRE CASE. The trial of Martin Campbell, who ts jointly in. dicted with three or four men and about twenty “young ladies” tor the technical offence of “keep- ing a disorderly house,’ or, in other words, the Performance of what is known as the “Cancan’”” at the Metropolitan Theatre, was commenced yes- terday. It is claimed that Campbell is the pro- prietor, Captain McDonnell was the chief witness called by Assistant District Attorney Nolan. He gave @ mimate description of the periormance of the Cancan. At the conclusion of the Captain’s testimony Mr. Howe moved for the discharge of the lemaie de- jendants, numb ring eighteen, on the ground that they were only actresses, His Houor granted the motion and released them trom custody. A few remained in court to appear as witnesses for the defeudant Campbell. iter the recess the trial of Martin Campbell was resumed, Officers Mulligan, Murphy aod Halen, who were present during the periormance of the Cancan, described the indecent exhibitions of the | dancers and recited the gross remarés of actors and some of the boys in the audienct. When the Assistant District Attorney closed -hig case Mr. Howe moved for tbe discharge of the de- fendant on the ground that the evidence Jatied to meet the requirements of the statute defluing what is a disorderly Louse, 5 ‘The Recorder declined to accede to the proposi- tion of tie coun-el, and said he would leave it jor tue jury to suy whether the performance in ques- | tlon was an outrage upon public decency or not. Mr. Howe then proceeded to Open the case fur the | defence, and in the course 01 his address to the jury said tbat the alleged indecent and immoral Performance was not any more so than the ‘Black Crook” and “Henry V.,” now being piayed as The counsel said he would call | Nellie Young and other ladies as witnesses, aud he ‘Chambers, beiore Judge Lawrence, on behalf of | the company, lor an injunction restraming Mr. Archer irom disposing of tie books or mutilating or making any Changes in them, and jor a receiver to tuke charge o1 them, Mr. Hi W. Maciatland ‘appeared in support of the motion and Dudley Field in opposition. Yoluminous affidavits were Yead on both sides, after wh.ch followed an ex- tended argument by the respective counsel touch- on the Various law points involved in the motion. fhe papers read On behall of tue railroad com- pany Were mainly in support of we allegation wat Mr. Arciier Was an agent of the company and in no way diferent {rem other agents except in the Manuer of his compensation. ‘The company, At was claimed, lurnished the blank books in which were entered ail: the freights received and de- livered, and they now claim ‘hat the same are not only their own property, but that tne possession of the same is essential to the transaction of taeir business, and particulariy in the prosecution ot their present suit agaimst Mr, Archer. On benalf o: Mr. Archer it was claimed that he acted periectly independently of the company; that the nature of — bis contract admitied sucu independent action; that the books were his privaie property; that ut ihe termination of his cont.act he leit wite them the books ¢ Niaintug the amount of freigbts received and delivered; that euch books were tue only ones they needed in order to close their accounts j with him, and that even these were not needed, iuasmuch as each carload of freight was acco: panied by. duplicate bills of freight, one of which 7Was sent to the company and entered tn their books. it was alleged, further, that this isan at- tempt to sul tute ® new action for a discovery in the other action; that the raulway company, should bave brougita replevin suit or an action Tor conversion. At the close of the argument Judge Lawrence took the papers, reserving his decision. SUPREME COURT—SPECIAL TERM. Before Judge Van Vorst, HE SUIT AGAINST THE NEW JERSEY SOUTHERN RAILROAD COMPANY. In the suit brought by Daniel B. Allen against the New Jerzey Southern Railroad Company a de- cision was rendered yesterday. The plaintiff, as wili be remembered, charges that the Raritan and Delaware Bay Railroad Company was sold out by certain directors, J. Gould, by the way, be- ing one of such alleged directers, im draud of the stockholders, the New Jer- sey Southern Ratiroad Company being a purchaser, and, further, that since the saie no Ineetings bave been held or busimess transacted by the directors of the former company. The case came belore this Court on three deimurrers (o the complaint—first, tlat it did not show any cause of action agaiust Jay Gould and other directors, which was sustained; second, that the Raritan and Delaware Bay Railroad Company were neces- sary parties to the action, which was also su: tained; and third, that as the suit virtually asked Jor the dissolution ol a New Jersey company the Court had no jirisdiction, This last demurrer is overruled, on the ground that the vourt las juris- diction against delendants irom whom personal Teliei 18 sought, SINGULAR SUIT AGAINST A HUSBAND, A rather singular case was brought to tria! yes- terday in this court. Jennie Youngs, twenty- three years old, was recently warried to Daniel 8 Youngs, a widower ot fifty-eight, he telling per at the time that he owned $150,000 worth of real es- tate in this city. Three hed before the wedding she had the necessary inquities made, and ascer- tained this statement to be correct. Subseguent to the marriage sie ascertained, a8 sue alleges, that just before marrying her Mr. Youugs conveyed ail bis property to his two daughters by his former wile. She brings sutt to set aside that conveyance asa iraud on her, depriving her of her inchoate Fight of dower. The two daughters &re also made defendants tn the suit. A question was raised as to the validity of bringing such an action, and, pending a decision on this point, the case was journed until this morning without going into the evidence, which, if allowed, will doubtless be of a decidedly interesting character. DECISIONS, SUPREME COURT—-CHAMBERS, By Judge Lawrence, Culkin vs. Kaune.— Motion for reierence granted ; motion for leave (o file supplemental answer granted; motion for leave to move to vacate in- Junetion granted, See memorandum, Hamilton v3, Crane; in rhe matter of Keller; Bache vs, Goevel,—Memorandums for counsel, Reid vs. Martia.—Motion denied, witn costs, SUPREME COURT—SPECIAL TERM, By Judge Van Vorst. Rose vs. Wood.—Judgment for defendant on demurrer. See opinion, Allen va. New Jersey Southern Railroad Com- Dany et al.—See opinion, SUPERIOR COURT—SPECIAL TERM. jy Chief Justice Monell. receiver, &c,, vs- Orgler.—Findings Holbrook, settied, COMMON PLEAS—SPECIAL TERM. By Judge J, F. Daly. vs, Stuart et al—Moation granted, Freedman Seo opinion, COMMON PLEAS—TRIAL TERM—PART 2. Before Judge Joseph F. Daly. TOMBSTONE LITERATURE IN COURT. Daniel C, Birdsall brought suit against Moges Mebrbach to recover the value of a piano and four oil paintings, taken by the defendant under an attachment’and execution tssued by the Marine Court against Mrs, Birdsail for $900, three months rent of Ne, 16 University place. Plaintif claimed that the paintings were copies Of a Murillo and Titiens— a “‘Madouna,” “Judith id Head of follofernes,’? @Syoll”’ and “Belladonna,” and t' re his property, and not that of his wile, Dama; were Isid at $5,000, Several foreign artists restorers Of pictures were examined as to the vaine of the paintings, seme assessing the value at $2,000, while others said they were not worth more tian irom $20 to $400, The case occupied the Court two days, Alter defendant's counsel had summed up the parties came to @ settiement, the piano to be given up lo plaintif agd the de- | must wherefore be ueld for ® slpple assault and | being proveu below by ovher evidence. felt Satictied that wheu they gave their evidence the prosecuting officer wquid not ask tora cen. Victton of the delendant. At the close o! Mr, Howe's remarks the other maie prisoner:—De- vere, Vincent, Manning and Rorke—were placed at che bar and discharged upon their verbal rece oguizances taat they would Bppeae on Monday, wauen the case will be concluded, EMBEZZLEMENT. Adolph Bannin pleaded guilty to the crim» o embezziement, in having on the 19th of Jan appropriated to his own use a check for $45, which he received irom Mrs. Beringer in payment lor a Dill jor meat due to Isaac Meyer, the employer of the prisoner. Bannin wassent to the State Prison Jor three years and six months, FORGERY. Charies F. Stearns, alias Frank W. Frothingham, Against woom were three indictments, pleaded guilty to one for forgery in the third degree, charging him with forzing, ou the 16th of Decem- | ber, @ cueck upon tue Westciiester County Bank for $300. 1t was made payable to the order of E. R. Halil and purported to be signed by D, F. Clapp. Sentence was deferred, BURGLARIES AND LARCENIES, A plea of guilty was accepted from John B. Poy, who was charged with stealing a truok contain- weariug apparel, valued at $69, tne property | of Jonn F. Caspers, Thomas Bracken pleaded guilty to an attempt at burglary in the third degree, the allegation beimg that on the 4th of tais month the prisoner entered the apartments of Philip Hearigel, No. 818 West Thirty-eignth street. Henry Haynes, who was Indicted for burs y entering the \iquor store of Henry . 239 Willlam street, on the 6th inst., and $5 In copper coin, pleaded guilt: attempt at burglary in the third degree. fie was sent to the Penitentiary for two years and six months, PETIT LARCENY. s Joseph Bass, charged with stealing two watches, yaiued at $30, the property of Thomas Teagn, pleaded guilty to petit larceny, and was seut to tue Penitentiary for six months, BOY BURGLARS. Robinson and Albert Regan (boys) James pleaded guilty to breaking into the store house of | James M., Titus No, 48 Morton street, on the 30th of March last and scealing $50 worth oi tools. ‘They were sent to the Catholic Provectory. TOMBS POLICE COURT. Betore Judge Kiloreth, MASKED ROBLERS. About cight o’ciock on Thursday evening three thieves, all masked, entered the room of Samuel Burrow, at the Franklin House, and seizing Mr. burrow robbed him of $190 In money. They then made their escape, but one of the supposed rob- bers Was subsequently arrested yy OMcer O’cConner, of the Sixth precinct. He gave bis name as Daniel Taiiord, Justice Kilbreth held him for examination. At an early hour yesterday morning three boys, named Henry Smith, Joon McGinnes and Frederick Studer, were arrested in tne act of breaking into tne premises oi Edward Seibert, at No, 136 Kim street. Tney had a jarge quanuty of the most approved burgiars’ tools in their pos- session, and when brought to Court they stated their only regret was they had not succeeded in breaking into the piace, They were held in $1,000 bail each to answer, JEFFERSON MARKET POLICE COURT. Bejore Judge Kasmire. DEFINING THE RIGHTS OF MR. BERGH'S OFFI- CERS. On the 2st day of November, 1874, Timothy Kelly, an officer of the Society for the Prevention’ of Cruelty. to Animals, arrested Joseph Ballcy, proprietor of a well known cider press on road. way, and caused him to be arraigned betore Juage Kasmire on a charge of cruelty to a dog, which was used to work the press in Bailey’s establish- ment. A careiul examination of the testimony satisfed the Judge that Bailey was innocent, and the accused wis accordingly aischarged, On the 4th of December foliowing Bulley preierred a com. (aint against Keliy, whom he charged with hav- fos arrested bim without authority of jaw, and, jurthermore, with having assaulted him wits a deadly weapon. Counsel appeared in behalf of both parties, and the importance of the issue, affecting as Lt does the eulire Community, a great portion of whom are irequentiy brought into an- pleasant relations with Mr. Bergh’s society, deter- mined Judge Kasmire to give the subject a full and thorough examination, The proof as to Kel- ly’s exhioiing and pointing @ pistol at the time of the arrest was uot satisfactory, and the Juige therelore dismigssed ihe charge a8 to @ felo- nious assanit, but held Kelly to answer tor a simple assault, ew grounds of his decision are set lortn in an elaborately written opinion, accom. panied by numerous citations, but which may be summarized briefy—first, he bolds that at the time of ihe arrest Keily had not veen legally and in due form “designated by tue Sherif or tue city and county of New York” to make arrests under the law of 1867, more famiitarly known as the “cruelty to Animais act.” He bad, it is true, am appOintment as special deputy sher! but ‘had not been designated for the specia purpose of that act, Not having been so designated he was guilty o! @ trespass In arrest. ing Batiey, and must abide the consequences, Judge turther holds that the evidence produced before him not only fails to show probable cause for the arrest, but im his judgmeut establishes Bailey's innocence of the misdemeanor charged, The wit- nesses eXamined proved that Bailey waa not com- mitting an act of cruelty upon the dog when ap- prehended by Kelly. However, even were there a color of circumstances to sustain an honest beitel on the part of Kelly that tue law was at | vio lated, he cannot escape’ “liability to answer for @ trespass.” The Judge coneludes:—‘l therefore cannot say, in view of the foregoing careiul examination which the interest and efforts of the le counsel herein seemed to require, that lam wished that there exists no suicient ground for judietal inquiry herein (2 Batd., Crim, Law second edition, p. 665; 1 Colby, Crim. Law, p. 195). Kelly a to an | battery, ‘and the charge of felonious assault is hereby dismissed,” WOOSTER STREET PERILS. James Garber, of No. 307 Mott street, was en- ticed into the house of Louisa Smith, at No. 162 Wooster street, on Thursday nignt. A dispute @rose as to an Indebtedness of f{ty cents, charged to Garber, and on his refusal to pay Louisa and her sister Minnie took summary measures to coliect the claim, The cries of Garber brought Officer Johnson, of the Eighth precinct, who rescued him Jrom the infuriated Amazons and arrested his _as- satlants. The prisoners were held by Judge Kas- mire in deiault of $1,000 each for trial. FIFTY-SEVENTH STREET COURT. Before Judge Murray. MISSED HIS WATCH AND CHAIN. During Thursday night Captain John A, Meexs, captain of the night watch in the Custom House, fell asleep in the place kept vy Patsey Eagan, cor- ner of Broadway and Thirty-frst street, When he awoke he found that bis gold watch and chain were missing. He informed the police of his 108 and @ short time aiterward Michael McNally, a brakeman, was discovered offering the watch and chain for sale at the Grand Central Depot at a ridiculously small price. He was committed tor trial in deiault of $2,000 ball. HARLEM POLICE COURT. Before Jadge Morgan, 4 GANG OF YOUNG THIEVES BROKEN UP, John McCord, Bernard Gorman, William Con- rey, John Gurney and John McKnight, all youths, and members of the “Mohawk Club,”’ having chetr headquarters in Seveuty-ninth street, whose ar- Yesteraay reported in the HERALD, were for examination, All were committed. BROOKLYN COURTS. 4 REMARKABLE WILL CASE—A QUARREL OVER EIGHT HUNDRED THOUSAND DOLLARS, A very remarkable will case, which has occupied the attention of the courts for the past eight years, was settled for the present yesterday bya decision of Judge Barnard, About eight years ago Mr. Joseph K. Brick, a Well-known inventor and the founder of several gas companies, was taken ill, and went to the Hot | Springs, in Arkansas, where he died, leaving an, estate of over $800,000 exclusively to his wile, Julia Brick. The relatives of the deceased, when they learned the provisions of the will, and found they had been cut off without a penny, resolved to | contest It, K. Brick, a carpenter, of Michigan, who are brothers of the deceased, and Martha R. Win- chester, a sister, contested the will, oringing an action against Jula Brick, the widow of the de- ceased, to have it set aside, dnd employed Judge fled Davis to secure what they considered their rights. ‘The contestants claimed that the deceased was @ bypochondriac, believing that he was aiilicted right mind when he made tie will, and was, fur- | thermore, under the restraiming induence of his wie. They contended that had it not been for the control which Mrs. Brick held over him he _ would have | divided his property equally between his nearest relatives. The contest was comivenced and con- tinued irom titae to time, and the printing up to the present time has cost over $3,000, Tue de- ceased owned some valuable dweliinzgs in Brook- lyn, besides 10,000 acres of land on the Atlantic coast in New Jersey and avaluabie clay bank. He was the first man in this country to introduce the clay retorts in the gas houses, and a large com- t rat) bear.ng bis nauie, is now carrying on the | business of manufacturing these retorts in Brook- ie He was the builder of the gas works in ooklyn, the gas works in — Baifalo, the gas works in Savannah, the gas works in Georgia and other places, and was considered one of the best engineers in the country. Mrs. Julia Brick, the w.dow ot the de- ceased, resides none oi the handsome dwellings left her-by ner husband, in Lafayette avenue, near the Rev. Dr. Buddington’s charch. She employed Mr. William M. Ingraham to deiend the sult, and yesterday Judge Barnard rendered his decisto condrmibg the decree of the Surrogate, and ad- mitting the will fo probate. The.contestants d clare they will carry the case to the Court of ap- | peals, and ti not stecess ul there wil carry it fo | the United States Supreme Court, THE MURDER OF MRS, .GAMBLE—APPLICATION FOR A NEW TRIAL OF MICHAEL MURPHY, An application for a new trial in the case of Michael Murphy, tried and convicted for the mur- county, was argued at length m the Supreme Court of Kings county yesterday. In the evening of Sunday, April 19, 1874, @ =hot was fired into the Window of ibe house of Mr. Gamble, in Nanuet, in ‘she above named county, The eflect of the snot Was to so seriously wound the wife of Mr. Gamble, Mrs. Hujus Gamble, that she shortly after died. Gamble and a girl jn the room Were algo wounded, Subsequently Michael and ‘thomds Murphy were arrested by detectives from the Pinker Detective Bureau, and Michael was. by Pinkerton, it i8 alleged, induced to coniess that he had fired the shots. Judge Barnard, who presided at*the trial, charged the jury that, It having been proved that the Murphys bad been seen in New Jersey at @ late hour of tue Sunday the murder was com- mitted it was physically impossible for them to have been present tn Nanuet at the hour the shot fired (eight P. M.), and that, therefore, they could not have be standing this and ‘other evidence of a character that was’ décidedly favorable to tne prisoner, Michael, who was tried separateby, the jury found verdict of murder. COURT OF APPEALS: ALBANY, Feb, 12, 1875. No. 113. Ellen 0. Rilley, respondent, vs, The Guardian Mutual Life Insurance Company of New orks Qppeliant.—Argument resumed and con- elu . No. 694. The Waverley Paper Mills, appellant, vs. Wheeler H. Bristol and . another, re : | phn is case was submitied for appellant last No, 98 Henry V, Poor, respondent, vs. Henry C. Bowen, appellant. No. 29. La Mott Thomson, respondent, va, Ed. Hi. Tracy and another, executors, &c., appellants. No, 120, The Gutta Percha and Ruvber Manufac- turing Company vs. William A, potter in leaded, &c., appeliant.—On motion of George W. Poucher, of counsel for respondent (no one appearing for appelient) judgment was afilrmed with costs, No. 125. Jos. Campbell, appellant, vs. Philemon Barch, respondent.—Submitted for appeliant, and argued by W. F. Cogswell, of counsel for ré spondent. Adjourned to Monday, February 15, at ten A, M. DAY CALENDAR. The following ts the day calendar for Monday, a 15:—Nos, 75, 126, 1, 97, 116, 129, 131, 132, an UNITED STATES SUPREME COURT. WASUuINGTON, Feb. 12, 1875, 186, Lewis vs. Hawkins and Haunter—Appeal from the Circuit Court for the Western District of Arkansas.—Lewis sold land in Arkansas to Hawkins and took two notes in part payment, giving @ bond to make title on the payment of the notes, Subsequently Hawkins sola to the hus- band of Haonter and afterward failed to pay the notes to Lewis. Judgment having been recovered on these, it is bow sought to make It a lien on the land for the purchase money. Hawkins pleadea bankraptey against any decree, and Haunter < the statute Of limitations of the The Court held that as the bond for title was never 1ecorded {it conveyed no | legal interest to Hawkins, but only an equity wit | the right of possession, and that on tne fatiure of | Hawkins to pay the notes, the bonds were for- | feited and Lewis was entitied to possession. The | estate, wherciore, being vested in Lewis, be could have no lien on that which is hisown, Having failed to reguin possession, he cannot now avoid the statute bar by setting ae a lien for the pur- chase money. ‘This decision is assigned as error, | Cause submitted on the printed@wmiel, A. A, Gar- land jor appellant; Pike & Jonns0.1 lor appellees, No, 189, Connoser etal. vs. Schaffer—Krror to the Supreme Court of Missouri,—This was an action of ejectment to try title to'a lot of mnd in St. Louts, which had been confirmed to one Mrs, Dodier and her legal representative, by act of Congress of July 4, 1886, confirming the reports of the Board of Commissioners appointed under the acts of 1832 and 1833, The plamtids claim as heirs of the widow, asserting that the property inured to the benefit of thosqa showing themselves to be representative heirs or assignees, The defendants claim as heirs of one Lobemine, to whom they urge the land was contirmed, or to whose benefit the confrmation tnurea as the clalinant before the Board of Commisstoners, and fendants below and here, the Court ruling that all confirmations by the Commissioners under the act of 1832, and confirmed by the act of 1833, were confirmation to the persons presenting the claim to the Board; that as between two confirmees the one in possession bas the better title, and cannot be evicted although ¢! iaintifs have the eauita- ble tite from the Spanish government and a legal ttle irom the United States, This ruling is as- signed as error. Whittiesy & Cunningham for plaintiffs, Glover & Shepley lor defendants, No, 190, Govinzel vs. Crump et al—Error to the Circuit Court for Virginia.—fhis was an action ona bond secured by real estate to secure a loan to the deiendants 10 error, The loan was made at Rich- mond, Va., in 1863, and was not to mature until the close of the war, and was not, to bear interest Meantime, nor was it to becomé due at the close of the War until demand was made by Govinzel or his representatives, There was aiso a provision in the bond that the joam might at any time be tendered. to the plaintif or his attorney in fact, m the city of Richmond, and | to no others, and only these, The money ‘loaned was Confederate notes, oF otner | Itke 1unds, then bankable in Richmond; but tis fact did not appear in the bond or deed of bay Two Mr. Samuel Brick, of Philadelphia; Mr. Edwara | With all sorts of diseases; that he was not io bis | | derof Mrs. Hujus Gamble, in Nanuet, Kockland | been the marderers. Notwich- | respond. | years after the war Govinzel claimed payment ia nds then bankable in Richmond. The deience was that atthe time of the loan the amount, 3,260, Was worth in gold only $203 75, and that tender would bave been made during the war in Confederate currency, but that Govinzel had e vo Europe and haa eon nO attorney to whom tender could be made. ‘The Court heid that the amount Was solvable in !awful money of the United States at the value of the Coniederate currency at the time of the loan. The question here simply is whether the borrower was entitled to return the loan during the war, whether Govinzel or an at- torney in fact was in Richmond to receive it, the plaintiff’ maintaining that as there was noone to whom to make the iender under the bond a legal tender could not be made, and that therefore the debt is vow dischargable only by payment of the Juli amount in the currency of the country. H. H. Wells for appellant. 8, F. Beach for appellees, No. 187. Stephen vs. Beall et al.—Appeal from the Supreme Court of the District of Colambia.— This is an appeal from a decree holding that Where @ trustee selis lands, taking notes for a Portion of the purchase money secured by deed of trust On other property, and the notes not be- ing pald at maturity reseils the lands at the cost of the purchasers, charging them with the differ- ence in price, cannot himself afterward purchase the lands from the second purchaser bona fide for iull consideration, and that such a purchase by the trustee vitiates the second sale; also holding that a married woman may mortgage her separate estate to secure the debts of her husband. T. T. Crittenden for appellant, R. T. Merrick opposed. SOLDIERS IN REBELLION. A CRACK COMPANY WHICH DID NOT WANT THEIR LAURELS STOLEN—IHE EMEUTE IN THE EIGHTY-FOURTH REGIMENT N.G.8.N.¥. . The announcement of a revolt on the part of Company E (Captain Head) of the Eighty;-fourth regiment, N.G.S.N.Y., of which Colonel F, C. Conkling is the commandant, and the calling in of the police force of the city, appeared In the HERALD yesterday, The details of the case were not covered in yesterday’s papers and consequently & representative of this journal endeavored to “sound’the émeute, and with that aim yesterday | Called at the quarters of the derelict company, | Captain Head, the Acting Adjutant and the Lieu- tenant Colonel commanding were not present, but the Major. of the regiment, Mr. Conklin, volun- | teered to state all he knew as to’ the dificuity, | From lnm it was ascertained that on Thuraday evening the regiment haa A BATTALION DRILL at the State Armory, corner of Seventh avenue and Thirty-flith street. The various companies | assembled according to orders, and, before the | formation of the line, Acting Adjutant Colling, on | behalf of the Lieutenant Colonel commanding, de- tailed four files from Company E to equalize the | companies. The Captain declined politely to comply, assigning as areason that his company was a very large one, and he did not wish to “break” it to fill other companies, This explana- tion did pot suit the Lieutenant Colonel command. ing, and he ut once removed irom Company E the necessary men to equalize the companies. When this action was taken THE CUMPANY AT ONCE STACKBD ARMS, ana remained during the drill quiet spectators of if, although the Major reports Captain Head en- deavored to induce them to submit to superior orders. When the drill ended, sbout hail-past nine P. M., Lieutenzat Colonel Beattie mstructed Captain Head to remiogs his command to the com- pany quarters at the régimeutal armory ip Fourth street, near Broadway, and to confine bis men to company qoarters. ‘his is a'l the Major professed to know Oo! nis own knowledge of tue trouble; but, in answer to the request of the reporter to know | ment could detail men from a full company to fill the depleted ranks of an interior one, the Major called the reporter’s attention to section 865 of ‘‘Upton’s Revised Tactics,” page 149, which declares that, “For mancuvres the bat’alion is generally divided into an even number of com- ety and the companies are equaized by trans- erring men trom the lirger to the smaller.’” der, No, 11, dated April 25, 1874, issued from the omce of the Adjutant General of the State, Up- ton’s “Tactics and Rules” had heen adopted as the authority for the government and discipline of the National Guard of the State; but in the absence of | the Adjutant of the regiment, who ts tne custodian OLali orders, he could not give the represeniative of this journal a copy ol the order. oflice, corner Of Tuirty-fourcth street and Broad- way, between two aud turee o'clock yesterday alternoon, and the SENTIMENT OF THE MAJOR F was read tq him, when he stated that after the comand was turned over to him by Acting Ad- IJntant Colling, lieutenant of Company fi, he (Colonel Beattie) iniormed Captain Head that he would give him two minu es to form his company, with the giternative of going to Ludlow Street Jail, “Phe company,” said Commandant Beattie, “did not comply. manding the brigade, with his staf, was to be present to review his old regiment, and conse- queatly [ acted upon his suggestions to confine them to thelr company quarters. On taking this action I ordered Captain Head to re- r past ten o'clock. IL repaired there and the company arrived there soon alter. Captain Head their quarters in the armory. He yiclded a ready | compliance, altnough evidently IN SYMPATHY WITH HIS COMMAND. Later I was informed by an officer of the regi- ment that the friends of the company ouwide of | the building Were discussing tae propriety of col- lecting a sufficient force to relieve them from con- finement. In consequence of this imiormation I ‘was constrained to call for the pales to preserve order and prevent a breach of the peace. I leit for home, after having divested mvself of my uni- | form; nut finding the night very coid, and remem- | bering tnat there were no fires in the armory, 1 returned and ordered Captain Head fo dismiss bis command to their homes, and I ordered him to report to me this morning, giving the roll of his company. At the same time I removed the police detail from tle building. I ordered the Captain to report to me to-day, but up to this hour “(ten minutes to three P. M.) he has not complied.” Colonel Beattie, in answer to a question, stated that = the entire proceedings Captain Head dis- playe A DESIRE TO OBEY ORDERS, and when the company objected to detail for equalization called tor volunteers. In answer to an inquiry as to his future uction Colonel Beattie THE NATIONAL GUARD. missioned in the National Guard, State of New York, during January, 1875:— Insvector General's .Department—Assistant tn, Lieu: tenant Colonel Jo'in G. Fay, orig Fourth Division—Major Orin C, Frost, Aide-de-Camp, original. ade—Major Robert Lennox Belknap, Tnspec- al. rst Bri tor, vice Hail, résigned; Major Charles Watrows, Isngi- necr, vice Belknap, promoted. Kightn Brigade—George Parker, Brigadier General, vice Beach, resigned. Ninth Brigade—Lieutenant ier John 8. Dicker- man, Assistant Adjutant General, vice Gould, deceased ; Major Henry C. Littletield, Inspector, vice Zandt, ; Mayor Hiram L, Washburne, Jr., Judge Advo- & Littlefield, promoted. teenth Brigade—Lieutenant Colonel Charles H. Van Brakle, Assistant Adjutarit General, original; Major Charles Waite, Jr., Engineer, vice Casse, promoted. Separate Froop” Cavalry,” ‘Twenty-fourth | Brizade— Henry D. Randall, Second Lieutenant, vice Moshell, re- ed. bas Ft ion Artillery, Twenty-fifth Prigade—Henry 8, Reaman, First Lietitenant, vice Matiae, resigned; | Robert ostlerly, second Lieutenant, vice Redman, pro- motea. second Battalion—James Dond, Second Lieutenant, vice Miller, promoted; First Lieutenant Franklin H. Read, Adjtitant. 0 Kirst LieuvenantJohn Miller, juartermaster, original; Captain William H. Rogers, | Chapiain, origina:; Major Kutay E. Belding, Surgeon, riginal. oFenth Regiment—Henry F. Dunn, First Lieutenant, Vice Lindsay, resigned; First Lieutenant Charles &. Mosley, Adjucant, vice Hun, resigned. Gieventh Kegiment—veorge Gutheil, Second Lieu tenant, vied Gross, promo Twellth Regiment—William ©, Reddy, Captain, vico Tones, resigned. ‘Thirteenth Regiment—George F. Stevenson, First Lieutenant, vice Ennis, resigned; Richard 8, Dinsmore, Second Lieuienant, vice stevenson, promoted. B Sixteenth Baualion—Peter /. Remsen, Captain, vice Christie, tailed to quality; Eugene Gardner, Sccond Lieutenant, vice Vorbis, failed to quaitty. ‘Twenty-first Kegiment—Michaei J, Corcoran, Captain, original; James Powers, First Lieatenant, ‘original; Owen Cook, Second Lieutenant, original. ‘wenty-second Kegiment.—Joln H. Horsfall, Captain, | vice Cian Ranald, resigned. i Twenty-third Rogfnent—Joseph @. Story, Captain, vice Van Ingen, retired; Francis H. Howland, First Lieuten- ant, vice Storm, promoted. Twenty-sixth' Battalion.—Wiltlam Jamieson, Second Lieutenant, vice 0’ Brien, resigned. Forty-seventh Regiment~Wiillam H. Srowneil, Major vice siegman, resigned. Forwy-eighth Regunent—John McGrath, Second Lieu. tenané, vice Marshall, resigned; John Ratigan, Second Ligutenant, vice Bough, resigned. Fity-sourth Regiment—Wiiiam J. Winfeld, Captain yice ninan, resigned; Dennis A. Crowley, Sec Lieutenant, vice Hevroa, restgned; ?. W. Kikart, First Lieutenant, vice Steefel, resigned; Jacob Livutenant, vice Kikart, promoted; Ge Covonel, vice Wescott, resigned; Samuel 8 ‘irst Lieutenant, vice Wyran, resigned ; Oiarence D, Van Zandt, Second Lieutenant, vice Speco resigned. Fifty-firth Regiment.—John Peter Hay, First Lieuten- Pi tailed to ity, “Aeventy-ningh Ney raiR. Bamber, First Lieu- -ninth Regimen’ tenant, Vice kelly, resign The following resignations in the Nationalr | @uard, State of New York, have been accepted during the same period :— Fifteenth batialion, Valentine B. Gunther, First Liea- tenant; Kleventh regiment, frederick sting, Cap. tain; Lighty-rourth regiment, James Kerr, Captain; First battalion, Aimar. Webster, Colonel; 8. T. cay: Se rader, Second Lieutenant; 8. Tt. cavalry, les &. Van Zandi, Major and Inspector; Wirst bat: Herman Gisser, Second Lieutenant; Seventh Second Lieutenant; Fitty- tal regiment, John H, Iselin fourih Loon Thomas M. Logan, Captain; seventy- math reg: J. Shaw, Colonel; Twenty-third regiment, Isaac B. Jacobs, First Lieutenant; Sixty-ninth egiment, James Melvor, Major; Twellth regiment, | John B. Morss, First Liewenant and Commissary, of Sub- | gistence; Sixty-ninth regiment, Jonn Leddy, Captain; | Sixty-ninth regiment, Peter Delaney, First Liewenant ‘under what authority the commandant of a regi- | Major Conklin stated that, under General Or- | Lieutenant Colonel Beattie was visited at his | kKoew Colonel Conkling, cém- | rt to me at the Fourth street armory at a quar- | | Was then ordered by me to coufine his company to | said propose to place Captain Head tn arrest, | and report my action to the commandant of the | brigade and ask for a court martial to try him.’* The following named officers nave veen com- | OUR NEEDY CHARITIES. Comptroller Green’s Refusal to Pay Their Just Claims. Meeting of the Representatives of Charitable Institutions—The Comptroller Waiting for the Opinion of the Cor- poration Counsel, An adjourned meeting of the representatives of the various charitable institutions affected by the action of the Comptroller in refusing payment of the per cap‘ta allowance on the appropriation to which they consider themselves legally entitled, was held yesterday afternoon at the office of Messrs. Develin, Miller & Trull, No. 115 Broadway, Mr. Erastus Brooks, representing the Nursery and Child’s Hospital, presided. Among those present were Mr. Meyer Stern, President of the Hebrew Orphan Asylum; Henry L. Hoguet, President of the Catholic Protectory; Mrs. S. M. Ambler and Mrs, Jameg Baylis, of the Female Guardian Society and Home of the Friendless; Mr. A. R. Wetmore, of the-Juvenile Asylum; Mrs. L. M. Bates and Mrs. Wilson M. Powell and Mrs. David Wetmore, of the Iniant Asylum; Mr, C, D, Adams, of the Juvenile Asylum; Mr. Edgar S. Van Winkle, of the Nursery and Child’s Hospital; Rev. Edward Cowley, of the Children’s Fold; Mr. John E. Vevelin and B. Cas- serly, Of the Catholic Protectory; Augustus Schell, of the Asylum for the Blind; George W. Wingate, of three different socteties, and others. THE COMPTROLLER’S REFUSAL, Mr. Brooks opened the meeting with a state- ment of the object. for which it had assembled, He said the Comptroller had refused to pay cer- tain moneys to which twenty-three of the chari- table institutions of the city were entitied, and Which bad been appropriated in the usual way by opinion on the legality of these payments was certainly a peculiar and tsolaied one, and he (Mr. Brooks) knew that it was not concurred in by any of the other authorities at the City Ball who con- trolled the disbarsing of the muxicipal fuads, The Comptroller based his refusal on the tenth ana eleventh sections of the amended constitution, which forbade the paying or loaning of money to corporations or associations, but as a member of the Constitutional Convention he (the speaker) Was not aware that it had any such meaning, and | he felt sure that tf the people had ever dreamed that these two sections were capable of such an | interpretation they would never have approved ; them. Now, the object of this gathering was to take such action as would vindicate the rights of the charities bere represented, and Y% was for them to say What this action wus to be. THE QUESTION YE OPEN. He was glad to say that thé Comptroller had not one go jar as to declare that he would persist in his refusal in the face of proper legal advice, and he boped that when the Comptroiier received this legal advice he would take tue gourse approved by almost all the lawyers to whom the.quesiion | had beeo submitted—and among them were some | of the most eminent members of the Bar—and Satisiy these just claims. Mr. Brooks thought it would be uniortunate if they would have to 0 to Albany to ask the Legislature to pass a new law | for them, and that iu that case thetr common pur- | pose might be defeated, The wisest course would | be to take theif stand on the present law, which applied to them before the constitutional amend- | ments exactly as tt did now, Rev, Edward Cowley usked whether it would not be wise lo bring a test cas@ beiure the courts, He agreed With Mr. Br oks that it wou'd not be advisable togo before the Legislature and ask for the enactment of°a new law. He thought that uf | | the Board of Apportionment, The Comptroller's | $ some of tue institutions were in tie abit of pre- senting their per capita bills moathly, the retusal of the Comptroler to paysuch a bil for January | might be brought as a test case before the courts, | 18 4 NEW LAW NECESSARY? i The objection was raised to tiis proposition that | the money jor 1875' not being yet actually raised, the Comptroiler could not be compelled to pay this ailowaucé. To this it was replied that ail the | moneys for 1875 were raised by revenue bonds, 0 | ‘tat there ought to be no diffloulty on that score. | Colonel Wingate thought a new law was eves: | sary lO secure these moneys to the charitable in- stitutions. If they took their stand on the pres- ent law, and the courts denied tue justice of their | claims, What was left or thera to do? tt would be | | better to get a new law passed that would silence all doubts as to the legality oi the payments. This Was also the view takea by the, Hon. Francis Ker- nav, Wiom he had cousuiled on the subject, Mr. Brooks ielt convinced that the second clause of the eleventh section made all’the necessary provision jor these payments, The clause was read by Mr. Brooks, and provides that this section shall not prevent any county, city, town or Village | from making such provisions for tne aid and sup- | port of its poor as may ve authorized by law. FRANCIS KERNAN’S OPINION, Mr. Develin said he had conversed with the Hon, Francis Reraan on the subject, and haa under- st90d hi to say that the constitutional amend- ments did not annui the existing laws. Colonel Wingate replied that if such was the, case Mr, Kernan must have subsequently changed his mind. id this would be most pecuitar, for Mr. Develin at the time the Constitutional Convention was in | session he showed Mr. Kernan that the very ex- | istence of these churitable institutions depended | upon the absence of any provision in the amend- ments that might be construed to forbid their per capita allowance. Mr. Van Winkle argued that tt could not have | been the inteniion of the framers of the constitu tional amendments and of the people to repeal the | laws on this subject when they declared, in an ad- ditiona! clause, that the amendments should not interlere with avy provisions that migat vé en- acted in the future, GREEN WAITING FOR AN “OPINION.” | Mr. Develtn said that it must be borne in mind | that the Comptroller bad not positively refused to | pay the money, but that he bad delerred his de- cision until he had réceived the opinion of the | | Corporation Counsel. He had seen the Corpora tion Counsel about it aod was told by him that nis opintou would positively be banded to the Comptroller on Monday morning. He would not believe that the Oomptro'ler, alter having put off respectablé gentlemen with the excuse that he | Tmust wait (or the epinion of the Corporation Coun- sel, Would stili persist in his refusal, if this opinion saould be a favorable one, Which he hoped 16 weuld be. However, te had been told on bigh authority that evén if the Comptroller, acting upon that Opinion, would be willing to pay the money, Some men, under the leadership of Mr. Dexier A. Haw- | kins, were preparing to take measures to prevent | bis doing 80. a | Mr. Hoguet asked whether the opinion of the Corporation Counsel would only embrace the ques- tion of legality, as viewed from Lhe appropriation of the Supervisors for 1875? Ia that case they would be in exactly the same embarrassment a | year hence. Mr. Develin replied that Mr. Smith had assured him the opinion would not rest upon that ground alone, but dispose of the whole question. Messrs. Van Winkie, Hoguet, Brovks, Wetmore, Schell and Bates were then appointed to wait upon the Comptroller ou ‘Tuesday morning to learn his decision. The meeting then adjourned until Tuesday next. THE WORTHY CHARITY. APPEAL FROM THE STATE CHARITIES AID ASSOCIA- TION. The following appeal has been serves the attention of the charitabl ‘The State Charities Aid Assoctation was organized in | May, 1572, to insure a more faithial aud eMcrent admin | istration of the pauper system of the State of New York, | and, afterward, to improve the system itsel! throng | Jexislative action based upon the alleviation of sudering ang the reduction of pauperism. % ‘Yo accomplish these ends it proposes to form anen- lightened public opinion; principally by means of tho | organization of visting committees throughout the Stace for the public institutions of charities and for the re- Cipients of ott~oor relief, such committees to be com. | posed, without distinction of sect or party, of men end women who command the confidence of their own com- | munities through their ability and purity of character, Working ip co-operation with state and local officials, ¢ constantly engaged in rectitying din stadying and solving the prob- pauperisin continually presenting th ‘Twenty-six local committees, with in bers, are already organized, and we hope these organizations throughout each of the sixty coun- yf the Sta “She asyoctations of all poorhouses are ruiaeus to chil. idren at Randall's Isia@a are now dren, About 1,100 chyldi 1m charge of convict woinen, sentenced to short terms of imprisonment for intoxication, debauchery and other offences. We advocate finding homes in tamilies tor chiiaren of sound minds and bodies, rather than gather- {ug them in institutions. in Queens county the atrocious Lo sen of farming out the paupers to tne lowest bidder has been broken up through the exertions of our local committee. In the improvement ot many of the city and county Poorhouse hospitals mach reimains to be done. Knives and jorks and other desirable table furniture, “special diet” and additional sheets and towels have been in- troduced, We advocate temporary one story pavilion wards as the best hospitals tor the recovery of the sick, and the most economical for the apes Our association has established at Bellevue Hospital a training school for nurses, which at present covers nine Taras, and it is proposed to eventually exteud it over the entire hospita Another branch of our work has been the collection of books, magazines and newspapers among the public institutions of charities, Our last re Lcd speaks of 5,000 sent to twenty-one different institu. ons, Mach attention Is being given to the question of what is the bes: treatment for adult able-bodied paapers. The commiti of suffolk, Richmend coanties are earnestly endeavoring to sotve the problem. In one eae 9 idle Women were reported, all of them able to work. Ten of our branches have added the outdoor relief work to (heir original plans, Auburn has cighty visit- jued and de- these commit < 5 & | Dany for 1875:—Lawrence J, | mittee on Streets recommends that for distribution | | ors, Kochester nearly 40). Both cries are disiricied. | NeWbnre bawing this méuth. The avracuse committce Il Samana etesten is stud: the best open, for that city, ey 4 promgne pi gin x4 hand volunteer aid. result of such co-operation in nd county has been the of one third ‘of the county expenses tor outdoor rei sa eheties tour tnteealion ona tot tensie ~\r4 ing them a clusions be reached through the Outdoor Relief Department, az two most impor encies in our endeavors to solve the problem or the reduction of pauperis. now ask for means mable as to con- and we ask it & moral support unexampled. We want ,000 for the purposes of the Association. Contribu- tions will be thankfully received by the Treasurer, Mr. John Crosby Brown, No 59 Wall street, and at the office of the State Charities Aid Association, No. 62 East Twentieth street, Please specify whether the amount given should be ac- knowledged as a donation or as an annual subscription, LOUISA LEE SCHUYLER, President, Howanp Porrun Vie President A. W. Vaw Renssuieer, Corres; Petarye Epitn G. Potnam, Secretary, ° sad Joun Crosny Brow, Treastrer, . E, A. Washburn, D. D:, Charles 0’Conor, W. H, Van Buren, M.D, EF. , Chapin, D. Dey Miss Ellen Collins, Levi’ P. Morton, rman B. Raton, Miss B. E, Russell, Mrs. Joseph. bon, Austin Flint, M. D.. Francis A. Stout, Miss Jane stuart Woolsoy, Mrs. N. P. Hosacl Edward McGlynn, D. D., Charies A. Joy, Mrs. M. Minturn, Mra Cyrus W. Field, Witham Adams, D. D., c. R. Agnew, M. D. Mrs. David Lane, Mrs. Ethan Allen, * ‘Theo. Roosevelt, New York, Feb. 10, 1875. ST. JOHN'S GUILD RELIEF FUND, The following additional contributions have been received by the Rev. Alvah Wiswail, Master of St. John’s Guild, and paid over to Andrew W. Leggat, Almoner :— THROUGH THE NEW YORE HERALD, H. H. Benedict “ LAN. G, $ S LI e. ili fr ttle Josie moo 8. L. a F. E. 8., $0 gol BENT TO Tike GU! Wyman & Byra Son. BSonnDaet-Etass eo SZESesecssessess essseses Anonyinous. Charles Merritt. Cc. 5. W. 1 56 16 0 Tot: ony . $390 36 Amount previously acknowledged... > 6547 US QUARRY, s.octeseennssPupeaspepreers too e0000$6,927 41 Contributions are earnestly solicited and may be Bent to the HERALD office or to the Rev. Alvab Wiswall, Master, No. 52 Varick street. The ide generous offers have veen re- ceived by the Rey. Alvah Wiswall, Masier of St. John’s Guild :— AID FOR ST, JOHN’S GUILD. An amateur vocal and instrumental concert, under he agement of Mrs, David Dudley Ficid, Mrs. J, Sims, Mra, Alexander, F, Sterling, Mrs. ‘John D, Townsend and -everal other Well known ladies, will be fiveu at De Garmo Hall, corner ot Fifth avenue and ‘ourteenth street, on Friday evening. the L-th inst., in aid ot St. John’s Guild. Some of our best amateurs have voluntecred their services, and Protessor Dachauer has kindly offered to take the direction, Tickets, $2 ean be procured upon aplication to Mrs. Joh send, No. 363 West Tuirty-fourth street, or’ to Field, Gramercy Park Hotel. New Your, Feb. Ll, 875. Rev. Atvan Wiswatt:— Dear 5ir—I herewith subscribe the gross receipts of my weil known restaurant, Nos. 95 and a7 Duane street, of Saturday, February 13, 1875, tor the poor, three-fourths of it to go to the st. John’s Guild and one-fourth to the “Deutscher Frauen Verein,” tn Hoboken, CH. F, HOLTZ, Also the following groceries:—Messrs. Stea Carul & Gardner, 25 barrels of our; Mrs. A G. 10 barrels of potatoes, 2 barrels turnips and 1 barrel onions; members of tne Produce Exchange, 15 barrels of flour, 1 barrel corn meal, 1 box cheese, 2 Dams, 1 tlerce ‘codfish, beans, &c. MUNICIPAL NOTES. The Mayor and the Comptroller yesterday ape pointed the following gentlemen as directors for this city of the New York and Brooklyn Bridge Com- Turnure, of Moses ‘Taylor & Co.; James M. McLean, President of the Citizens’ Insurance Company and formerly Preai- dent of the Board of Education; James M. Moltey, of the Manhattan Oll Company; Abram 8, Hewitt, chairman of the Tammany Hall General Commit. tee; Joun Kiley, some years ago President of the Second Avenue Railroad Company; Lioyd Aspin- | Wall, of Howland & Aspinwall; Charles J. Canda, | Who represents in thts city the iron interests of William B. Ogden and William H. Barnum, of Connecticut, aud F, B. Thurber, of the grocer drm Of. K, Toarber € Oo, 2 vile Among the caliers upon the Mayor yesterday were Marsnall O. Roberts, Andrew Mills and Vicar | General Quinn, of St. Patrick’s Cathedral, Mr. Green has not yet approved of the sureties of Mr. Tappan as City Chambertain, Itis i. by certain partics, who have called upon the Mayor for information as to what are the duties of the inspectors of weights and meas- ures, that aD individual who used to be anin- Spector under the late Mayor paid a visit the - other day and attempted to coliect a few dollars Jor testing his measures and weights. Storekeep- ers soould see to it that iaspectors who call upon them nave their credentiats in proper form. The Commissio1 of Accounts are to institute legal proceedings against Comptroller Green to compel Lim to gtve them access to certain docu- ments which they deem necessary’ to a proper perlormance of their duties, To-day the Law Committee of the Board of Aldermen are to decide upon a report to the Board instructing the Com- missioners to make an examination into the aflairs o! the Finance Department. The committee will meet vaany, to hear any complaints against the Comptrotie?, The hearing is to take place at qne P. M. sharp, in the room of the Buard of Aldermen, ‘The Mayor, it is satd, will veto the ordinance passed by the Aidermen on Thursday authorizing the filling tn of Coenties slip, itis alleged that the canal boat Interests are against the “improve- Ment” on the grouud that if the slip M8 filed m there will be no reai safe wharfage tor the canal boats that bring four and grain to the city. ‘The position of Keeper of the City Hailis to be abolished, and the care of the place given enurely to the police of the Twenty-sixth precinct, ‘There 1s considerable dissatisiactioa with the Comptrolicr among the Aldermen on account of his delay in answering the resolutiow of maquiry toto the coadition of affairs in his department Which was offered by Alderman Reilly some time ago. U he does not answer by the next meeting or the Board & resolution will be introduced de- Maanding the reason why. The Mayor 1s said to be heartily in favor of the Street Cleaning act which the Aldermanic Vom- the Legts- lature should }ass, and that there is good prospect of the biti, becoming @ law, especiaily as the Police Board say they Would like to get rid of the “ourden.”? * ‘The Dock Commissioners’ answer to the report of the Commissioners of Accounts, a copy of whieh Was served upon them some weeks ago, has not yet been received by the Mavor, It is believed it Will be handed in some day next week—provably Monday. THE CUSTOM HOUSE. Nothing especially new occurred at the above department of the government yesterday, but there is a charming sensation for the ladies this morning in the sale of the famous WARDROBE OF MLLE. LIONT, which was attempted to be sthuggied into thia . port a short time since. The fair defrauder of the revenue now lies in Ludiow Stree¢ Jail ana sumfers a Gne of $2,000 for her bold attempt, Messrs, Bur- dett & Dennis, auctioneers, at No. 29 Burling slip, announce at public sale this morning, at twelve M., ali the ravisuing tollets, velvet, satin, silk and Woollen dresses, and a periect arsenai of coqneiry in the shape of embroidered night dresses, chemi- seties, With lace trimmings; sacques, trimmed with choice Vaienciennes and point d@'Alengon; pieces of dress silks, searis, six-ouiton g.oves, handkerchiefs, and ever: arustic design of costwmier and haberdasher, which would envance the charms of that sex already endowed by nature with a beauty too bewildering. Toe cacaiogue of the auctioncers— as if in deference to Murray Hill, mary,of whose Jair daughters are said to be the promoters of the unfortunate French lauy’s smuggit scheme—is printed on the finest of paper a: Gaintily sete forth such distracting novelties, as matelasse sacques, with silver fox trimmings flannel shirta, pink, wold and biue, embroidere: witha feurs des lis; BUSTLE AND SKIRTS (whatever the former mysterious word may Mean), lace sets of Valenciennes, point d’Alen- on, has, trimmed with flo lum col ered veivet hats, polomaine, Wil er trim. ming; opera cloaks, in gold embroidery; ry ik sashes, iece Duchesse lace, wi 8 one piece Swiss ties, black sks (skirts en gros grain), illus sion, * _PIPTY BOXES OF RICE POWDER, hawis, corsets, lace caps, velvet and lace Cole larettes, hoods, &c. It is supposed the fair bus Mysterious importers of these valuable articles will appear this morning at the United homed Marsnat’s sate ana buy im®their dainty costu through their brothers, cousins or next It may also be mentioned for the benefit of matrois that even baby clothes are to be offered atthe sale, At all events, it is presumed the elegant dresses will be worn by those th the best, and itis really a pity that the Lenten season ahould interiere with thelr display atall. How- ung New York can afford to want until e ter to see their beautiful queens of #0. ciety rendered more lovely by the creations of the immortal Worth or the ¢l mj the ms i peates. looms ot Lyons, even if 5 poor ach ry Jangnishes in Ludiow Street Jail, the victim Mar aiter