The New York Herald Newspaper, March 5, 1875, Page 8

8 THE COURTS. Rights of Street Railroads to Clean | Their Tracks. SUITS. MORE BLACK FRIDAY Continuation of the Shaughraun- Skibbeah Case. DRUNKEN RAILROAD PASSENGERS, ‘The Companies Not Responsible for Their Safety. Im the suit brought by William A. Stephens Against Benjamin Alien, the facts of which Dave been published, Judge Lawrence, in the Supreme Oouit, Chambers, yesterday continued the injunc- tion order. Mr. Allen was President of the Cook County National Bank, anu the suit was brought to wind up the affairs of Allen, Stepnens & Co., the injunction being against the issue of an at tachment against the interest of Allen in the Dariness of Allen, Stepvens & Lo. Jonn H. Whittemore, Clerk of the Third District Court, brought suit against the city for@ diger- ce between $2,500 and $3,000 a year salary. The latter is claimed as being the amount fixed by Statute, and the former bis salary as reduced by the Board of Apportionment. Judge Van Vorst, holding Supreme Court, Circuit, beiore whom the | Case wus tried, directed a verdict for the difference | sued for, suoject, bowever, to a review ol the case at the General Term. Simtiar aisposition was made in the suit brougut by Patrick Reed, Janitor, e@uing for difference between $1,200 and $1,500 a year salary. ‘The suit of Vbarles W. Hasler against various railroad companies, on petitions of the Columbus, Chicago and Inaiana Central, and the Pittabarg, Cincinnati and St. Louis Railroad companies, in which the matter in adjudication refers te pre- | ferred bonds, was yesterday transferred trom the Bupreme Court to the United States Court. Enza Hersey died in February last, le ving two wills, one executed in 1872, the other in 1874. In the former she bequeathed her property princi- Pally to cousins and a niece, with bequests to other friends not relatives, In the later will she | bequeathed annuitics to the Indigent Christian ‘Woman's society and to the Children’s Aid So- ctety. Botn wills have been offered to probate, and, of course a contest arises, the relatives con- Sesting the later will and the oMcers of the two institutions benefited thereby coatesting the frst. | SNOW PLOUGHS AND SWEEPERS. Some time since Jonn Taylor Johnston, President ofthe New Jersey Central Railroad Company, applied before Judge Robinson, in Special Term of the Court of Common Pleas, for an injunction against the Christopher and Tenth Street Railroad Company, eMoining them from throwing the snow on the sidewalk in front of his residence through use of their snow ploughs and sweepers, The case, as will be remembered, was argued at considerable length, when Judge Robinson took whe papers to examine the law applicable to the @ase. He gave his decision yesterday, relusing to grant the injunction, and nis reasons are set iorth | an the following extracts irom his opinion: In the course of legisiation cases are constantly occurring where jaws are enac- | ted for the puviic good which seriously the interest of particular indi- | and this constitutes but such @ sacrifice o| private interests as every one is in & eater or less degree called upon to make for the efit of the community in which he lives, NEW YORE HERALD, FRIDAY, MARCH 5, 1875.-TRIPLE SHEET. tee histery ef the country, A secret chap- ter or two of these ents abous to be revealed tm the United States Circuit Court of this district, Where two actions are insti- tured against Jay Gould and bis partners of the firm ol Smith, Gould & Martin, The: brought to recover $1,750,000, and are imstituted in the pame of Edwin L. Lewis, trastee in bank- r of the estate of Jay Cooke & Co. Mr. Lewis, be being such trustee, 18 President of the racmers aod Mechanics’ Bank, of Puiladelphia, Actiou No. 1 ts brought to recover $150,000 against Gould and bis partners on account of u Black Friday, September 24, 1869, by “Co. to Albert Spiers, ior and on account of the dewudactand James Fisk, Jr, constituung the gold clique at that time. Action No. 2 ts brought to recover $1,540,000 from the same deiendants tor currency advanced on borrowed gold by Jay Cooke & Co, 00 pay Gould & Co. througo William Belden & Co, The ususl legal document capias nave been served upon Jay Gould 10 each suit As uo declarations have yet been filed, and a@ coun- rey of gold flay Cooke | sel in the case have declined to give information in the matter, turther de papers must await the progress of the suits the courts, Messrs, Dauiord, Robinson and Woodraff are the attorneys lor the plaints. THE BOUCICAULT-HART CASE. CONTINUATION OF THE EXAMINATION OF WYBERT BEEVE—A THREATENING INTERVIEW WITH JOSH HART. The examination of Mr. Wybert Reeve, de bene esse, betore United St: Commiasioner Shields Was resumed yesterday. Mr. Boucicault, with bis counsel, Mr. O'Gorman, was present during the proceedings. Mr. Hart was uot present, Dut was ably represented by counsel. Mr. Wybert Reeve’s examination, resumed by Mr. O’Gorman—Read the play called “Tne Shaugh- rann;” have no direct or indirect interest in the Present suis; never gave permission to defendant, Hart, toembody any of the scenes, incidents, plot, language or characters of bis play of “Pyke o’Callaghan” in the delendant’s play of “The okipbean;” the first time be saw Mr. Hart was under the following circumstan. saw @ para- grap in the HERALD, in whico Mr, Hart stated to an interviewer that he knew | was tn nd Was Willing to meet me; on reading this in HERALD i wrote him @ letter (copy ol letter duced) ; Lreceiveau in reply @ note irom Mr. Hart requesting me to cali upou him; on my return to New York 1 did 80; in explanation of uis note be said his object Was ty Obtain my addre-8 to sub- poma me upon the trial ol @ suit whicn he sala he was cringing aguinst Mr. Boucicauit ana to convict me o! perjury; 1 desired an explanation ; he gave me to understand that | bad on the night Previous to Making My aMuavitin this case stated to Mr. Wiske tuat M:. Boucicauit had founaed nis Shaughraun” upon my piey of “Pyke ?? he lurtner toid me that the play or “Pyke O'Callaghan” did not belong to me, that lL had not the vrais to write 16, and thats had stolen it 1rom somebody eise; 1 remarked that I did Dot think ms relusal tu pay me honorabie on his part, having acknowledged to the public tbat, he Dud (aken my property; us reply to that was that | insulted nim aud he would kick me. . Was there in the business aud effect of the “skibbeaa,” or any of the scenes thereol, any burlesque of the “sbaughraun,’? or any Of the scenes tnereotY A. No; 1m my opiuion, as actor, dramatic aatoor aud theatre manager, it was U iutenuon and tenaency exhibited in the “Skiv- beeah”’ to appeal (o aud excite the same emotions as were uppealed to and excired by the “Shaugi- raun;’? uecidediy 80, aud with the same eflect. With regard to the interview with Hart, witness added that when Hart said I had no right to “Pyke O’Callaghan” aod Boucicauit bas Do rigit to “The Sdaugoraun,” 1 sar 1 presume you consider you have @ right to ‘Lhe Skibbeah ?” to wuich Hart replied, “Yes; witness said, ‘+1 called according to your letter, (o see 1i you intended to act honorably in this matter, and Lhave Do ane swer, and then 1 leit; juaging irom experience witness added, my ‘piece of “Pyke O’Callaghan” and “Tne Skibbeah’? have been so moulued to- gether as Lo produce eflects in scenery and dresses us to make the same general impression on the minds of the audience as produced by “Tue Shaagnraun.” ‘Yhe cross-examination was then opened and the case Was adjourned tll this morning. THE ADAMS EXPRESS ROBBERY. ‘There was ® large attendance yesterday at the Court of Oyer and Ierminer, Judge Barrett on the bench, the attractive teature being the trial of Daniel Hawry, one oi the parties charged with bing implicated in the late Adams Express rob- bery. The prisoner, with the same defiant look aud generai recklessness of demeanor as on the opening day o! tne triai, sat by his counsel, Messrs. A. Oakey Hall and Howe & Hummel. Assistant District Attorney Russell conducted the prosecue Piay o1 the U'Caliaghan ‘The grant by the Legisiature of such a franchise as that neid and enjoyed by tae delendants con- | ters upon the grantee a special privilege beyond toat which is pos-essed by any citizen as of common right. To the extert of the legisiative grant under consideration | it confers privilezes and imposes duty to be periormed ior the convenience or benefit of the public. The right io thus run aod operate @ ailroad through ove of the public streets, while consistent “i'h ihe easement epjoyed in come mon vy every citizen, ts dominant and paramount Bhereto, and sucti common right must yield and become subordinate to the purjoses of the Iran- @hise. The special privilege conierred by the Legislature involves not oniy what 18 given | or conferred in express terms, but also, as incidents, all such other powers as shall De necessary or ential to the exercise of those enumerated are given. Ali inconsistent Statutes and city ordinances are to that extent repealed. As !0 ai! lutererences with suca a grant, Chancellor Kent says (34 Kent’s Com- mentaries, 459)—'‘The common jaw contains prin- ciples applicavie to ‘his subject, dictated by sound judgment and enlightened moraiity. It decares ail such invasions o: franchises to be nuisances, a the party aggrieved fas bis remedy at com- mon law by an action on the case for disturbance, and ip modern practice he may resort to Cuancery to stay the injurious intericreace by injunction. As to railroads this protection is \urtnér insured by section 42 of the General Railroad act, which makes it highly peual to stop or obstruct their opera- tion, With the riguts thas conferred, with a view to the public convenience, the duty 13 also imposed upon the grantee of such & franctise to provide and mainucain facilities for accommodating the public at all tumes with prompt and convenient passage.” (3 Kent’s Com., 48-4.) In the adoption oy the defendanis of the use of a snow plough and sweep.ng machine for the purpose of speciaily removing the newly Jalien snow irom off their racks it a undantly appears that they but performed ihe duty imposed upon them by law and that this use of such machines effords the only Known means by wuieh it may be accompiisned effectualiy and economically. Ou the argument this being made clearly to appear by the opposing aMdavits, |t 1 eged by plavoris’ counsel tuas lis cleus € injured by the de- fendants suffering the snow thus swept by such machines on to the intervening Space in the street between the railroad tracks and § k to remain io the Street, as it, t th the snow he in com- ace had suovelled or idewalk and street gut- ashioned into @ passable ) roadways and formed D » impassable to ordinary Yebicies and cunstitured an uuautuorized inter. ference wit nis access to vis own premises. This SrguMent is founded upon a MisCONCeption Of the Telative rigats and duties of tuese parties. It Would be eDtit ed to Some force Were lt urged as between parties having but common rigot in the public street, shouid any person vested with no Special privilege attempt ior bis own conventence IM the Jacilitating the passage of heavy venicles or those of such character as required for their cou- pient passage thas tue SRoW should be je. ved irom The-é trucks as is required for the railroad cars of the devendauts it mignt be fairly a question to what extent one citizen might thus On occasions of persistently subject the pudiic street to nisown private convenience and so the inconvenience and special injury of others, put in consideration of the entirely different privileges and duties of the parties ty Chis action In or to the use of Eighin street, it seems clear that de- Jendants, by viriue of their franchise, fuliy pos- Fessed tie rignt a» against the piaintia, and every one else, to adopt (he Summary mode compiatned HOW and ice irom of their tracks and at sucnd e thereirom as to insures Dot being again accidently thrown thereon so to further oostruct the passage of their cars, That in thas exercising 1€ privilege and periormance of the duty Of clearing their track, none other of to remove | fevoived upon toem of subsequently remov ing elsewhere from the roauway or the severing from the mass of snow previously accumulated between thelr iracks and tne side- Walk such portions oF additional amount as they had thus caused to be thrown thereon irom wif weir track. The eniorcement of such a subse- quent duty would be in we u or Working injunction, ma ire Of au Opera'ive ndatory rather than proniditory, and Gnes ho countenance tn tne prin ciples of equity under which an injunction ts to be granted. fe (rivialand acciieutal occurrence e throwing o! snow by the ploughs wad sweeping maciines on jewalk might be yastiOed under ‘i y 13 15 bat a part of the puviic as itis shown that The Improved macuines recent. y wed remedy any puch accident, (here iso ground of complaint Jeft for cousidera!ion reauiriug any such summary remedy as au injunciion. Lpon these cousidera- ons fam of the vpinion that the motion for an nm should ve denied, Oruerea accordingly, tnjunct: with $10 costs. MORE BLACK FRIDAY SUITS. The events of Friday, September 24, 1869 (Black friday), in Wall street, are not to pass away with the principal actors tuereiu, They will stand, in part, recorded in (ne courts of the country, and from them will be evolved many legal authorities, rulings aod judgmen's for future rejeresce and oitation, The latest phase of the gold corner piot om that Black Friday, whic bronght ruin to so many innocent persons, bas yet its Nemesis for those who conspired to bring about the moat dis- tion. John J. Sweeny, the confederate of Hawry, who turned State’s evidence, testified that he had known Hawry about jour years, and that he was concerved in the roobery of the Adams Express Company; alter they had several conversations about the robbery, Hawry told him that il be would drive the wagon ne would steai tue sate; ne saw Hawry on the night of the 16th of January, and he said be bad agreed witi auotuer man Damed Noonan bo steal tue sale next morn- ing; be saw him on Sunvay morning golng ap Washington street; ue shock bands, and said it Was uli right; tuey went 1uto @ liquor store, apd while there wituess told Hawry be would prooure the wouls with wolcu toopend tue sale; at fiv o’ciock they went out aud met Noonan; tiey WwWeut bome about ‘our o’clock in tue morning; Witness got a culsel, @ small crowbar and a ham. mer aud Weat down to the Jerryboat; shortly afver ihe express Wagon drove on to the boat; alter reaching tue otuer side they drove up @ country road to where the sale Was. Mr. Russell asked the witness what was done Witu the sale. Mr. Hall objected to any evidence in regard to anytumg done in the Stace of New Jersey, and cited authorities in support of bis ovjection. Tue Court overruied it and the witaess con- tinued :— lopepned the sale with a chisel and jimmy and we ound several pouches; these We cut open and took out their conteuts, placing them oack in the saie; we louad morey, bonds and jeweiry aud an unbeut diamona in them; we then drove back to ine boat, aud when we got on board I heipea Hawry to turoW the sale overboard, Numerous objections were interposed by Mr. Hall, but Judge Barrett overrulea all of them, noting counsel's exceptions. fhe bonds ana jewels were shown to the wit- ness abu he ideatified them as those stuien trom the sae. He then described bis own and hawry's journey about town in a cab, during which they actions are | i to the vanits of No, 54 Nassau street; he found a box, in which was atin box, in which was a bag containing @ portion of the money and bonas stolen from Adams Express Company. Cross-examination—He did not know of big own knowledge whether the contents of the bag were ever in the custody o! the company; the saiary of Hawry, he believed, was $900; the hignest salary paid & driver was $1,200, - ‘The prosecution here rested their case. Mr. Hall said tat the view be took of the law and the evidence made it unnecessary, in his opinion, to put im any evidence, He reed on the weakness of the case jor the prosecution. As it was now the time for adjournment he asked to be allowed postponing summing up Ul! morning, which re- quest Was granted, and the Court adjournea, EJECTING DRUNKEN MEN FROM CARS. The suit brought by the widow of Isaac T. Davis tthe Third Aveuve Railroad Company, te recover damages on account of the killing of her husband, who, while intoxicated, was ejected ‘rom one car and run over by another, the full Particulars of which have been published in the HERALD, was concluded yesterday before Judge Monell, of the Superior Court, Judge Monell took the case out of the jury’s hand and directed a verdict in lavor of the railroad company. His reasons for arriving at such conclusion were fully set forth, and the question being an im- portant one we give the points of his remarks nearly entire. The ioundation of the difficulty lies in the condition in which Mr. Davis was at the time. There is no real conflict in the evi- dence that he was intoxicated at the time; that his conduct in the car was such as to tuconveni- ence and disturb the passengers. ‘There ts no aispuce about t ‘Three or tour of the witnesses agree that [rom time of entering she car bis conduct disturbed and interfered with the com- jort of those in the car. Because of his intoxi- cated condition the conductor was fully autho- rized to ¢ measures to expel him irom the car. In the case of Putman agaiost the broadway and Seventh Avenue Railroad Company the Court of Appeals has established the principie that a cunductor is authorized to use all necessary means or force to expel a passenger. ‘They say:—"A raliroad company bas the power of refusing to re- eas & passenger or to expel any one who is drunk, disorderly or riotous, and who so demeans himself as to endanger tne safety or interiere with the reasonaole comiort and convenience of the Bihar Dane ORers, and may exert ali necessary power and means to eject trom the cars any one 80 imperilling tne salety or annoying others; and ‘this police power tue conductor or other servant of tne company in charge of the car or train 1s bound to exercise by all the means he can com- man-i whenever occasion requires.” And tuen the Court ess on add states what is the responsi- bility of tne company if the conductor does not exercise this power. “li this duty is neglected without good Cause and @ passenger receives in- juries whict might have een reusona- bly anticipated, or natural); expected, jrom one who is improperly received or permitted to continue as @ passenger, the carrier is responsible.” So that in this case, if this man bad been permitted to remain tn the car and he had committed aay injury upon one of the passengers, under the auinority o1 the case I have cited, tne Third Avenue Katiroad Company would bave been liable tuere.or, Theretore, the difficulty, at the ioundation of the platntifi’s claim, lies in tne condition in woich Davis was at the time. ‘The conductor having the rignt to use all reasonable and necessary turce lor tue purpose oi ejecting him from the car when he got him on the back platform, and Davis seized upon the door, of wach there is no doubt the conauctor had the rigut to break his hold. The only possible doubt is, whether his being put of or his having slipped off, on the le/t hand side of the car and in front of the car that was coming down on the other track, 18 or 18 not of itself proot of Degligence. But puttiag the case | now upon the weight of evidence I am satisfied that under the circumstances in which he was resisting the efforts ot the conductor tu remove nim irom the cur there 18 not sufficient evidence to hold the company responsible jor vis being put off or nis sipping, f be did slip, from the step of tne car. The injury sustained by his jainpg against the horses and then under tue car was the resuit ol bis own negligence, which would prevent lis recovering damages against the de- Jendaut. Now Witu regard to the evidence, which is without any confilct and uncontradicted, he was not in the eye o! the law a passenger in the car. He was @ trespasser, Not that he nad not a right to get on the car, but | his condition was such that the company bad a right to eject him; ana he not hav- ing paid his fare there did not exist the legal reiauonu Of passenger and carrier as between bum and the company. He was not a passenger, bul a trespasser, and the company had the rigut | to remove fm Jrom the car; thereiore tuere are | two infirmities in the piaintif’s case. 1 place my decision, genilemen, in directing your verdict upon the weight of tue evidence. iam satisfied, | trom the character of the witnesses who bave | testified and who are not employés such as are | usually re‘ied upon by corporations in such cases, but are disinterested parties, passengers on the car, Who have come forward, that if 1 snould les this case go Lo the jury and you should, by accident or otherwise—which | cannot believe jor a mo- ment—fiud a verdict against the company in large damages, it would be my duty to set it aside. ‘Therefore, 1 say, 1 take tue responsibility, and you wil, under the direction of the Court, find a ver dict in javor of the deiendant. DECISIONS. SUPREME COUBT—CHAMBEES. By Judge Lawrence. Mayer vs. Bav'land.—Motion to continue tnjunc- tion and ior appoin ment of a receiver is granted. Order to be settied on two days’ notice at Circuit, Part 3. Vanderbilt vs. Vanderbilt.—Motion to change place of trial to Kings county is deuied, with costs | of motion. Stephens vs. Alien.—Motion to continue injunc- tion is granted. Mayer vs. Seygermann.—Motion for continuanco of injunction aid appointment o! @ receiver is grantod. Eluoit vs. Cotton Lxchange.—Be.ore | can pas! upon the items contatoed in the bill presented for taxation | must have some Memorandum which will show wnat Nas deen done in the case. Listman vs. Blant—Lacy vs, Allen.—Memoran- dume ior counsel. Simpson vs. Union Pacific Raliroad Company.— The modification of the order oi February 20, 1875, which is called for by the delendants, is granted. Fuller vs. Hundt.—Motion to vacate order of ar- Test is granted. Motion to resettle Case vy strik- took drinks, called on ladies and mace bumerous | purcoases. Le also said they lad leit some of the bonds aud specie at Moses Erici’s, in Filty-third street. A poruon of tue Money aud @ goid watcn, bouxht oy Hawry, were buried In @ vasement in Maiden lane. Cross-eXatoination—He made the confession be- cause ce was in 4 hole aud saw uo other way of gectupg out of 1; tf ne conid have gotciearin any oluer way be would not have coniessed; he Was te trst to suggest tie robbery. Toe croxs+ | eXaminatiun was continued at great leugth, but | the wiiness adhered Gosely to Dis orginal stury. Joseph A. Cox was tie next witness—He did not | know Harvey or Noonan; Sweeny gave him a pa Kage Lo bury; he buried it under the sidewalk in the Vault Ol No. o4 Nassau street, Where Le was luis was on Satarday; on Monday he box in Which he buried the package nad been removed. Joseph N. Galway, grocer, at toe corner of Broaaway and Jwenty-niath street, loentified Harvey aQd Sweeny a8 having been at bis place on the day succeeding tie robbery; the prisoners bougut some groceries and directed them to ve sent to Miss Louise Wilson, No. 96 Henry street; toe bill was some $150; the bul was paid and tie | goods sent as directed. Chrisvopler Luawick, cab driver, driving dawry wud 5 ter’s testumony; they paid Diu $10. Lovisa Wilson Was tue next witness, fled tuat Hawry gave ner $396; she did not testified to | by, a8 stated in the lat | | Ment of costs of inquest. She testi- | Kk him where he got the money, and did not want to | tace it, out he insisted on her taking it; he took | Lhe money irom uis Waistcoat pocket and counted It irom # package. Cros®examination—Hawry had been in the habit ol coming to (he house two or three times a | | week; sue did not suspect anything Wrong in nis | haying so much money. Leow Long, a very pretty young lady, giving her age a8 nineteen, testifier that sue bad Known the prisoner aoout six months; she saw him about | toree times a Week; the prisoner, whom she ha koown by the Dame or Johnny Puiilips, alter the robvery, $00 in # jetter broug! by Sweeny. The letier was offered in evidence, to which Mr. Ja) Obyected, but it Was admitted as explanatory. ‘Toe jetver Was (heu read as follows :— Jasvany 2, 1875, jo Laws ot nrrainge to get away to seve my Lite owing Danw i could rt to Import asiness at otice Dut will be satisied wita any choice you make rather than Be disapointed take house with You and be sure and get the best to Be hud Aud tbe Latest style this not tor the Ball, 1 will mase that ny n Haste “PHALLI Ss Post wand get the best suit you can pu Can gi reudy, made at Lord & Taylor's they have got tn ade to fit boay tlorget The chirography of the ietter was very peat, but the spelling ana pup ation bad. A smilie pervades the court room on the reading of the letter, in whieh (he witness joined. Witness then went on to tell thavane «aw Hawry afterward, aud he asked her to go to New Orleaus with nim. On her cross-examt jou she stated thar «ne was locked Up at Police Headquarters irom rriday afterieou til ongay morning, Bie was not taken belore a magisirate, h South, prother-in-iaw of the jase witness, the kuew Hawry aoout a month an t; he had no conversation with Hawry avout the money he gave to his sisters in-iaw; Hawry tuid bir afterward that an aunt had died tim about $10,000. Cross Weut to Police Hend- quurters Co see iis sis‘er and saw Sweeny there. Danie! Broderick testified that Hawry, iis wife ano chiid boarded with him at No. 141 Washington street. John Hoey, recalied, testified that Superin- ing out Exhibit C is granted, with $10 cost May vs. Davis.—1 CauDot pass upon the orders presented without having the decision oefore me. In the matter oi Ferris; in the matter oi Moore. Granted. ‘Toliansbee vs. St. John.—Order as settled. Ball vs. Kerr.—Motion to open deiauit and set aside execution is grantea, with leave to the de- fenaut to answer Witain ten days, anu with leave to move to vacate the order Of arrest or ty ade vance the cause upon the culeudar aiter answer is served, Winship vs. Winship.—Opinion. By Judge Donohue. Betts vs. Kurst.—Granied Memorandum. Perry vs. Looney; Botuet vs. Lithauer.— Memo- randui. Adam vs, Adam.—Reference ordered. Loder vs. New York, Utica and Ogdensburg Railroad Company; Waters vs. Crawiora; Mac- kay vs. Drummond; Keliy vs. Maytnan.—Movuons dented. Winter vs. White.—Motion granted, Hilchen vs. Hiichen.—Order granted, Gale vs. Gale; Towle vs. Riker; in tne matter of the Wurtz Amalgamation Company; McLean vs. Kent; in the matter of Jordan,—Order granted. Die Papier and Geschditsbt®aer Favriken Action | Geselischalt, vormais Kubens, 1u Hamburg, vs. Rubens.—Reierence ordered. Biancard vs. Biancard.—No proo! of marriage or service of summons, Knowles vs. Ward.—Motion granted, on pay- SUPREME COURT-—SPECIAL TERM. By Judge Van Brunt. Booth et al. vs. Kehoe et al.—Findings must be settled on notice. SUPERIOR COURT—SPECIAL TERM. By Judge Sedgwick. Hayes vs. Bisho: ‘Motion jor reargament de- nied, with $10 cos: Foote Ve. [he state Homeopathic Asylum for the Insane at Middietown.—Memorandum lor counsel. COMMON PLEAS—SPECIAL TERM. By Judge Lerremore. Rosenfiela vs. Scureiel.—Atiicnment allowed, on in the matter ol Stramper, —Application denied, Coffin vs, Sullivan.—Motion granved on payment of costs by desencant. Ches\erman vs. Germander.—Motion granted. Hilyard ys, Tue Black Hawk Goid Mining Com. pany.—Allowance fo defendant's cuunse! of $600 eacn. lo the matter of Klein.—Application to discharge insolvent wranted. Fowle vs. Littie and another.—Allowance of $1,000 granted, fu the matter of Hardy.—Proceedings ais- ed. | misred. Appleton vs. Mudgett.—Morion dismis By Juage Rovinson. Gillespie vs. Toe Mayor, &c.—Additional findings seitied. | MARINE COURT —CHAMBERS, By Judge McAdam. | Fosdick vs. Suilivau ; Fosaick vs. Dolan; Fosdick va. Boyand; Galorioa va. Derdero; Halliday vs. Coorey,—Mutions withdrawn, Cause granted, fompains vs. Frith. without costs. Beebe vs. Motion granted, igier; Dodge vs. Driscoll Bros. vs. Ruakle,—Motions denied. Brons ve. Phulips; trederick vs. Swansen tio Os dismissed, wc. vs, Giusberg.—Order of arrest vacated, Perry Mo- operman.—Judgment opened on payment of co c. Boyce vs, Kell.—Motion granted, put stay aented. Kiein vs. Piatz.—Motion granted estrous panic in moneyed circles known im | tencent Walling and Sweeny accompanicd Lim | are complied with, do, Order to be s*ttied on two days’ notice. | | Carpecter, torgery; | vs. Thomas McGuire and | ireedom a8 usu unless terms | COURT OF GENERAL SESSIONS. Before Judge Sutherland. BURGLARIES AND LARCENIES. In the Court of General Sessions, before Judge Sutherland, yesterday, Michael Keating, who was | charged with entering the premises of Andrew Kiarman, No. 606 East Fourteenth street, on the | 16th of February and stealing $10 worth of lead | pipe, pleaded guilty toan attempt at burglary in the third degree, Paul Smith, who, on the 16th of February, stole clotning valued at $41, the property of Charles Roos, pleaded guilty to an attempt at grand | larceny. Lahan and Josepo Lanagan pleaded Thom: guilty to burglary in the third degree, The charge Into the house of Was that tn youths broke Alexander McGarren, No, 9 North Moore atreet, on the 18th of February, and stoie cloning valued at $15. The above named prisoners were each sent to the Stare Prison for two years and #ix monthe, ACQUITTAL, Herman Richardt, a German musician, was charged with stealing @ violin worth $30, on the 1st of February, from Gi Jonannes, There was no evidence snowing the felonious latent, and the jury rendered a verdict of not guilty. DISAGREEMENT O¥ THE JURY. The jury, in the case of Hester J. Hawkins, charged with wbducting Teresa Goetz, were un- able to agree upon a verdict, and at alate hour last evening were discharged by Judge Suth- erland. It ts understood that ten were lor con- victiun and two for acquittal. It is evident that some of the jurors were puzzled by the points which Mr. Howe asked the Judge to charge re- Specting the chastity of the complaining witness, which, no doubt, ied to a disagreement. The pris- oner Was remanded to the Tombs, JEFFERSON MARKET POLICE COURT. Before Judge Otterbourg. THE DELINQUENT LIQUOR DEALERS. The Excise Commissioners are still following up assiduously the delinquent liquor dealers who have failed to procure the requisite license. In- structed by Inspector Coppin, o/ tue Excise Board, the police of the Eigntn, Ninth and Sixteenth pre- cincts made an extensive ratd between four and six o’clock Wednesday evening and arrested six- teen persons, proprietors of liquor stores in that district. They were locked up in the station house all night and were brought before Judge Otterbourg, ac Jefferson Market Police Court yesterday morning. The names of those arrested are as ‘ollows:—Eber- hard Scholl, No. 2t0 W: ‘Twentieth street; Mar. tin Maher, No, 200 W Twenty-first street; An- thony Michael, No, 238 Seventh avenue: Jobn Depue, No. 68 Grand streev; Cornelius Fitzgerald, No. 209 West Twenty-vnird street; Edward Dolan, No, 240 Seventh avenue; Andiew Bergen and Ed- ward Demarest, No. 404 West Sixteenth street; Michael McCrystal, No. 87 Ninth avenue; James Reynolds. No. 241 West Highteenth street; John bhields, No. 49 Grand street; James o'Renly, No, 88 Ninth avenue; Charies R. Cole, No, 258 West Twenty-third street; Robert Borland, No, 123 bKignth avenue, and John Maloney, No, 51 Horatio street. The iormal charge against the prisoners was preiecrred by inspector Coppin, and Judge Obttenbourg held them ali in $100 ball each 1o answer, with the exception of Robert Borland, o1 No. 123 Eighin avenue, and Andrew Bergen, of No. 404 West sixteenth street, who were paroled, they proving to the satisiace tion of tue Court that they had not intentionally violated the law. ‘Tne dealers woo were arrested on Weanesday evening complained very bitterly yestercay morning of the action of tne Excise | Board in caustog their arrest alter court hours, | thus obliging them to remaiu prisoners in the sta- | uuon house all night. ‘ihey stated that they | could always be found at their respective places | of business and had no anxiety to run away or | shirk the issue, and denounced their summary | arrest at an hour when tuey could not give bati, | and their consequent imprisonment for fifteen or sixteen hours 48 a0 Outrage on their rights as citizens, COURT CALENDARS THIS DAY. SUPREME COURT—CHAMBERS—Held by Judge Donobue.—Nos, 113, 140, 142, 150, 159, 165, 168, 169, 110, 171, 176, 205, 207, 214, 215, 216, 220, 221, 250, 251, 3. SUPREME COURT—GENERAL TERM—Held by Judges Davis, Brady and Daniels.—Nos, 2, 30, 42, 91 2, oh 19, 1203g, 122, 12234, 124, 125, 126, 1, 5, 8 SUPREME COURT—SPRCIAL TERM—Heid by Judge Van Brunt.—Demurrers—-Nos, 3, 4, 9, 11, 13, 14, 13. dssues of law and 1uci—Nos. 174, 199, 210, 65, 182, | 161, 171, 61, 167, 149, 150, 218, 229, 282, 233, 235, 236, 237. UPREME COUBT—CIKCUIT— Van Vorst.—Suort causes—Nos, 1384, 2012, 219, '220,' 224, 225, 226, | 0 Ju pe 2156, 1840, 1170, 2826, 1763, 1624, 1790, 2268, 1876, | 2164, 2168, 2166, 2552, 2548, 2556, 2502, 2546, 1006. Part 3—Hela by Judge Lawrcence,—sport causes— Nos. 2 2509, 2: 2311, 2: 88, 202i, 2001, 206], SUPERIOR CoURT—[RiaL | Jadge Moneii.—Nos, 901, 931, 0 1619, 821, 881, 971, 978, 975, ¥77, 981, 953, 985, 959, O91. Part 2—held by sudge Freedman.—Nos, 746, S74, 1026, 1035, 1008, 104s, 1064, 425, 1082, 1084, 734, 1090, 1094, 1098, SUPERIOR COURT—~GENERAL TERM—Held by Judges Sedgwick and Speir.—Nos, 17, 24. COMMON PLEAS—GENERAL TERM—Heid py Chief Justice Daly and Judges Loew anu J. F, Daly.— Nos, 6, 144, 145, 2, 82, 8, 16, 140, 147, 148, 149, 151, 58, 69, 62, 89, 153, 154, 155, 156. COMMON PLEAS—TRIAL TERM—Part 1—Held by Judge Rodinson.—Nos. 2487, 2315, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429. Part 2—Adjourned for the term, MARINE CouRT—IRIAL TERM—VPart 1—Held by Judge spauidin: Nos. 1644, 2040, 2041, 1, 1713, 171i, 1730, 1731, 1737, 1738, 1759, 1740, 1743, 1744, 174s. Part 2—fieid by Judge Shea.—Nos. 1505, 1506, 1639, 1606, 1580, 675, 1622, 1623, 1192, 1630, 8021, 3050, 230 » 2724. Part J—Held by Judge Joachi n. 14, 2110, 3107, 3223, $180, S114, S073, 30: 200, 868, 8121, 1753, 1755. if GENERAL 5Sesslons—Held by Judge Sutheriand.—TIhe People vs. Robert Bellstab, burgiary; Same vs. Michael Sullivan, burglary; Same vs. Michael Martin, burglary; Same vs. James Harrison, burglary; Same vs. Joon News- chaler and Wildam sullivan, burglary; Same vs. Johu Thompson, burglary; Same vs. John Kinney, burglary; same vs. Francis Gannon, burgiary; Same vs. John Moran, burgiary; same vs. Pheve Goodwin and William H. Mitcneil, burglary; Same vs. Heury J. Heim, forgery; Same vs. John L. | dame vs. Wiliam Huot and | Charies Hunt, grand Jarceny; Same vs. Henry Osborn, Patrick Finn and Denuis Mcvarthy, grand Jarceny; Same vs. Heloise Angele aod Dumas Keintges, grand larceny; Same vs, Thomas Ham- liton, grand larceny; Same vs. Charles Logue and Laturop ©, Ormsby, grand Jarceny; | Same vs. Herman Kichardt, grand larceny; Same vs. M.chael Doyle and Willlam Keating, | grand larceny; Same vs. William Fox, grand | Same vs. Madeline Rigntmeyer, grand | Same vs. Robert mcGurkin, grand jar- | ame vs. William H. Johgsou and George | grand jarceny; Same vs. August Wacker- en, grand iarceny; Same vs. Wilitam Felic! receiving stolen goods; me v3, Daniel O'sne: receiving stolen goods; Same Vs. James Heide: gon, petit larceny; Same vs. Josep Edwards and Bernard Gorman, pet larceny; same vs, Wiliam Gersien, petit larceny ; Same vs. William McGualy, ett larceny; Same vs. James Kelly, attempt at burgiary ; pate vs. Charies hompson, indecent assault; ‘Same vs. ‘Thomas Caveney, grand lar- | ceny: Same vs. Tnomas NoeGuire, burglary; Same Tuomas Broderick, | ourglary; Same vs. John Burps, James Fauikner, Dennis Morrissey and Jopn Morrissey, felonious | assault and battery. THE POLICE AND THE RAILROADS. Yesterday afternoon Captain Mount, of the Nineteenth precinct, called upon President Phil- | lips, of the Third Avenue Ratlroad Company, and | presented to him the ultimatum of Commissioner Disbecker, the Culef of the Street Cleaning De- partment, that the department would ciean all snow {rom the tracks of the company for the rest | of the week, and that in case this was rejused, ana snow ploughs used, that all using them and the responsible executive ofiicers who ordered it would oe arrested, The Commissioner has been impelled to this course in consxe- quence of the manner in which the va- rious rairoad companies have ignored the late Corporation ordinance, and during the snow tals of ‘he past ew vays, continued using their ploughs and salting the streets witn as much The only ratjroad woicn nas yet paid anything to the Screet Cleaning Depart- mentisthe roadway and Seventh Avenue Rali- | road, Which reimbursed tne sum spent io Clearing | the snow irom their tracks, and which be.ore Was UiroWn up on the sides o: the narrow strees through which the cars pass, There will probavly be shortly a sharp fight between the to powers— the raiiroads and the police-—and it seems douotiui which will Wil, Orders have been issued to the captains Uo see that (fe use of snow ploughs and | sweepers 18 not allowed. OUR PROTECTORS. CHARGES BY CITIZENS AGAINST POLICEMEN—KIL- LALEA NOT YET OUT—A MOTHER'S TROUBLES WITH A WAYWARD DAUGHTER—DETECTIVE CLAPP AND HIS YEARS. Yesterday alternoon the cases of citizens agains policemen came up beiore Commissioner Matseil at Police Headquarters. In the case of Captain Kilialea, against whom seriou. charges of aemanding and receiving money from owners of places of amusement have been made, the witnesses were not able to be present, aud the matter was adjourned until next Monday at three o'clock, THE WAYWARD DAUONTER. Mrs, Sara Houghton made complaint that she 2099, 2021, 1412, 1200, 1420, | | road Company. & Wayward danghter, aged sixteen. That some time ago the girl leit ber home and the | mother lost all track of her for several weeks, un- til on February 8 they met at the corner of Broome | an@ Forsyth streets. Tne mother asked the daughter to go home with ber, but the latter re- fused,®vhen the motuer gave ber in cbarge ol a atroiman who took her to the Tenth precinct station house, where he placed her in charge of patrolman Jovn S. Herrick, of that precinct. She had her danghter detained and appeared at coart the next morning, when Herrick came to her and interceded for the daughter, the mother that she would go home apd di i she would make no charge against b Mother consented and took her daughter home. Sbe had reason to believe that Herrick and her daughter met very oiten. She only remained bome oue weck, when she je!t again, and the mother has not seen her since, and sie believes that Herrick knew her place of concealment and saw her very often. One night, wnderstandio, that ber daughter met him on his post, she wen! there and watched him. He ordered her away, Tollowed her off his post and arrested her, takiog her to the station house, where she wus released by the Sergeant. Je lerricé dented the charges tn toto, and said they were pure fabrications 4s regarded bis intercourse with the daughter. He arrested che woman because she annoyed him while on post and prevented him from properly doing his duty. ‘The case was then referred to the Board, DETECTIVE CLAPP'S CASE. The case o1 the ex-detective, Ira } up again yesterday. Toe accused was not present, ‘The Main charge is thac he was reappointed ille- gally, being over the | age. The President rr ceived @ note from Ciapp’s counsel, A. Oakey saying that it was by his artvice Clapp did not ap- pear before the Bourd, as that would be a conies- sion that he was amenable to tue Boara’s disci- pline. Chief Clerks Hawley read the record. It ap- peared that Mr. Clapp was reappoinied by @jull vote of the Board of Police. Had this vote been recorded on the minutes the appointments woula nave veen legal, but it Was not, Decause the vote was sud silenito, or done pot by yeas and nays, but simply by acquiescence. President Henry Smith proposed the reappointment, which was seconded by Vliver Chariick, aad nobody disap- roved—neither Messrs. Gardner, Russell nor uryee. ‘The case was thereupon left to the adju- dication of the Board of Police. Mr. Ciapp is now aotne. aS @ patrolman in the Scventeenth pre- cinct. Clapp. came WHAT SERGEANT WEITH SAID. The case of Sergeant Werth, tu which this officer is accused of having usea disrespectiul and abusi lapguage to Thomas Birch, a citizen, on the occ sion of one of the Academy balls, was up yester- day. It was shown that the Sergeant, when Bircb refused to pay @ hackman, characterized him under some provocation as being a “dead beat.” ‘The delence was provocation. The.other cases were of no pubite interest. To day came up the (rial of Superintendent Wallin: for alleged false and illegal !mprisonment of citi- zens. ON RUNNERS. HOW NEW YORK ENJOYED ITSELF YESTERDAY— THR SLEIGH BELLS RESOUNDING THROUGH THE PARK—SALTED THOROUGHFARES AND THE CONSEQUENCES, Time, eleven A. M.; place, vicinity of Union square; dramatis persone, journalist and stout Iriend; scene, an auction and the usual adjenda, Before star!ing numerous inquiries were pro- pounded as to whether the blooded animal, im- patiently pawing tne ground, or the white and | gold colored Portland cutter belonged to Stewart or one of the Astors, and polite insinuations as to @ ready purchaser, more so even than in the case of the naughty memoirs of George IV., were ire- quenily indulged in. Breaking away from such an embarrassing position the Journalist found him- selfon Fiith avenue, that glorious thoroughfare where sleighs, swill carts, stages, ice wagons, green cars and vellow Albanys meet on equal foot- ing. A block or two of Fii1n avenue convinced the driver olf the whiie and gold sleigh that it would be advisable to seek another path- way to the Park. From Lexington avenue and the bigh-siepping sorrel horse (and a pecu- Mar and rare sorrel it was) sought im vain to ob- tain tolerabie sleighing ground. It is popularly supposed that salting the thorough{ares is con- trary to law and that such @ pernicious and dan- gerous practice will not be permitted to exist in this city. But the law nas become a dead letter in every sense of the word, for every railroad and stage line unite in violating it. There Is nota railroad in tuis cily on the tracks of which saline pools cannot be found, and Filth avenue, owing to tne practice of the stage lines scattering salt on present time. It ts dangerous to the health of horse and driver, a8 any piysician can readily testily, and there is no particular pleasure in scraping one’s sleigh against the pavemeni. The olice @uthorities shouid attend to tis fagrant reach Ol law. Aiter @ zigzag journey from river to river in search Oo! an availavle northern route, and alter humerous rencontres with lager beer wagons taat persisted stopping the way, choleric police men, Who insisted upon their rignt to brand: their clubs in the Jace of every animal toat passed, regardless of the feelings ofthe animal und its possibile tendency toward running away, and myriad sleigos of every build and make, the venicie in question reached the Park uudam- | aged, €xcept Im the case of the horse, who was | $0 supremely disgusted with his first essay in | a sleighing caroival that he commenced a pecuilar | Circus performance at the Filty-mintu street en- | trance to the Park, to the intense delight of two | gTay-coated policemen and five smali boys who had been coasting. The driver argued the ques- | tum with the auimal ana noted its exception, woereupon all went aS merry as the traditioual | Marriage tell. ‘Jhen came a most enjoyable | scene, the magnificent drive through the Park, Visias 01 beauty robed in a spoticss mantie meenhg the view atevery turn, Through the Park, with the gilttering particles flung up __ bdenearh Uhe racers’ heels, the trees, naked of jollage, yet laden with snow; the f society belles, colored by tne pencil of Jack Frost and peering out [rom & mass of buifalo robes, sealskins and other parayher- naila (aud how some of those laces nestied close to tne driver |), the sun shining as vrigntly as it was possible lor Qid Provanilities to make him, und above and around ali the delicious music of the belis, ringing sweet melody into the ear of man and beast, the drive Was a terrestrial Elysiuw. finshed faces o! Beyond the garden of the city, the long lines of | the boulevaros, the semi-irozen Hariem Kiver, crossed op an omfnously creaking bridge, wita a promising | right | to Seventh avenue the sicigh and its occupants | the snow, is dangerous and disagreeable at the | Diack smoking locoxotive apd its train of cars | rushing ben some steeds to caper and curvet, numerous Way- sidé caravansuries where accommodations for “man and baist’? were ostensibly announced, Jerome Park, iooking as spotiess ot vurt sports in its saowy garment as ti there Were never a for. tune lost or Won there, ana unmusical madrizal parties, singing out of Lune and cme, ient a variea interest to the scene. And itis Well that advantage was taken of the beautiful snow yesterday, for we tear that without @ solid freeze last nitit and this morning it wil be difficult to get oui of town to-day on runners. NEW YORK CITY. The surgical wards in Bellevue Hospital are to be disiniected, under tne direction of Prolessor Doremus. The Fire Commissioners have decided to take possession of the new building, No. 134 Amity th the same bridge, causing mettie- | will behave be'ter.” There Will be some chai in “ye lyste,” and areal good old-iashioned time is anticipated, A dealer in animals in this city some time since imported eight giraffes, They were the fMnest ever landed iu America, the largest @{teen feet four inches in height and the smallest thirteen feet, Immediately upon arrival they were sent to Central Park and placed m charge of an expert. ber “big boy Jededii ence; er. Three were purcnased for a men- agerle, erday they all died trom a disease re- sembiitng consumption. Tois climate proves too cold for them, except when stuffed. BROOKLYN. The Commissioners of Charities report that the demand for relief has not decreased, despite the advanced stage of the seasou. The receipts for water rates last month amounted to $33,299. The average daily consump- tion of water in Brooklyn is 30,000,000 gallons. The Board of Police Commissioners are about te construct @ telegraph line between Fort Hamilton and the Bigash Precinct station, The necessity for telegraphic communication direct to ~ quarters was experienced last night during the exigencies of the fire at the 1ormer place. Henry Howitz, of No. 326 Clinton avenue, was arrested by Detective Corr yesterday, on the cbarge of obtaining trom Marcus O. Cook, of No, 184 Washington street, Boston, three seal skin gacques, valued at $700, under false protences. Justice Riely, before whom the accused wat taken adjourned the case, as it is probable that 1 Will be settied between the parties, Two women, each claiming to be the widow of James Kelly, a veterau of the late war, are claim- ants for tne pension payable tothe widow” the Brooklynomce, One woman halls irom Pough- keepsie and the other irom Eagle street, Green- point. Both claimants have their marriage ore- denuals. Pension Agent Colonel McLeer has re- ferred them to the Commiss.oner of Pensions at Washington for the adjudication of their claim, Several wealthy cttizens of tne Eastern District are urging the passage of a bili to establish @ park in that locality. The site sought for ts inclosed by Meeker avenue, Newtown Creek, Maspeth avenue aud Morgan avenue, It contains 202 acres and can be purchased for $400,000. It is claimed that $1,250,000 would lay it our, and tne total cost would not exceed $3,000,000, ‘luis would only be $20 per lot in the seven wards o! the disirict, A commit- tee has goue to albany to urve the Dill. LONG ISLAND. Patrick Hughes, a teamster, residing at Beth: page, while attempting tocross the track of the Central Railroad, between Bethpage and Farming. dale, yesterday, was struck and instantly killed by the Patchogue mail train due at Hunter's Point at three P.M. When the body was picked Up it was found to be a mass of flesh and bones, Great suffering 1s experiencea among the poot of Long Island City. The lund for \beir mainten- ance becoming exhausted some time ago, the Overseer of the Poor has been unable to give any relief. The Board of Aldermen has authorized the treasurer 0! tue elly to ptuce to tne credit of the pour fund the excise money, not Lo exceed $500, It will be remembered that the cocking main recently fought in Long Island City between West- chester ana Long Island resulted in a victory lor Long Island, The result was a challenge from Westcnester to Long Island for another battle for the championship. Yesterday a numoder of the fines: birds ever bred were conveyed to New York trom the Isiand, where they will remain prepara. tory to the fight. WESTCHESTER. The evening free school at Sing Sing has been closed for the season. A religious revival of an unusually enthusiastic cnaracier is going on at the Beekman avenue Me.hodist churcd, in Tarrytown. Clarence Browa, allaa Smitp, a convict who escaped irom Sing Sing Prison a few weeks since, was brought back to that institution yesterday, beavily ironed and securciy fastened to ove of tho rison oMcials, Wio had brought him on from ‘asnington, D. C., where tue fugitive bad beca apprehended, NEW JERSEY. The use of nitro-glycerine with powder at the excavations on the new Bull's Ferry Road is proving a dangerous experiment. All the windows of @ hotel in the vicwiity have been smashed by the premature explosion of one of tue eh: aud tue report was audibie Jor several miles. Late on Thursday night a fire broke outin the staple of W. W. Shippen on River street, Hoboken, An alarm was speedily sounded. and alter heroi¢ exertions by the firemen the flames were sube dued without serious loss being involved, the fire broke out mysteriously in the haylolt tt ts tuougut to have Ocen the work of an incendiary. McCtelland, the ‘telegraph operator who wags convicted of criminal negligence by allowing two trains to collide at the Bergen Cut, thereby causing the joss of two lives, still lies in jail. The Court dealt leniently with nim imposing a fine of $z0c and the costs Oo! the prosecution. This sum, how. ever, he 1s unable to pay. The case was discussed in the Board of Freeboiders yesterday, bus na definite action was takeu thereon. Several bitter feuds nave resuited from the re- gent strike of the ‘iongsioremen. One of the Most prominent of the Hoboken stevedores, Luke Connel, was sentenced to thirty days’ imprisons ment yesterday lor beating a New York laborer, in Newarg street. ‘ne latter was one of the gang of workmen who filled the piaces ot the Hovoken men during the strike. An angry teeing exists between the rival factions, which may end in bioudsied U the proper precautions be not taken against it. Ui the eleven patients conflued in the Hudson County Smalipox Hospital, on Snake Hill, a week ago, three died, six have been pronounced con- valescent and two remain. No new cases have beon reporved to the Board of Health wituin toe past twouaays, The prosecution of Dr. He ze}, of nion Hiil, ior failing to report a case of smallpox and jor giving a certificate of death without nav- ing Sec. the patient, has been di-contnued on his peylog the fine aud costs, The penaity tor heglecting to report smalipox cases 13 $5. HOMICIDE IN NEWARK. AN EX-POLICEMAN BEATEN TO DEATH—COROv NER'S INQUEST. Early yesterday morping the police of Neware arrested Jonn Hartmaun, keeper of @ small grocery and gin mili ou the corner of Cabinet and Camden streets, who is charged with having caused the death of one Jonn Francis Cogan, an eX-policeman. It appears that the latter, in com. pany with another man, Whose name 1s at present unknown, entered the barroom and called for drinks, for which they refused to pay, when Hart mann sat the ginsses behind the bar, deciining to furnish the drinks until paid tor, A fight tuen eu. sued between the three meu, iu Wiica they all iell to the floor, when, as is alleged, Hartmann got the best of Cogan, and, ater clud+ bing tim on the head, ejected nim irom we place. On Wednesday the injured man died. Then followed the arrest. An tiquest | Was ordered by the County Piysician, and begun street, which was puilt wish @ view to consoil- | quune Vherein ail the workshops of the depart- ment. ‘The St. Nicholas Society, of tne city of New York, held its stated meeting last evening at Del- monico’s, The meeting was calied simply for bns- ines8 purposes, and notning of puoilc interest transpired. ‘The Sub-Treasury building was thronged yes- terday with pensioners, male and female, to re- ceive their quarterly payments, Up to about hail- 1 two o’ciuck im the afernooa bevween 600 and persons had deen pad off, The Dock Comwwissiouers held their regular weekly meeting yesterday, President Westerveit mM the chair, and Messrs, Westervelt, Wales and Budd present. A number of communications were received and ordered ww be placed on fle. Wiillam J. Ebbs diea yesterday morning, at No. 228 Wost Eighteenth street, from the effects of in- Juries accidentally received on Tuesday while at work in the car Coroner Kessler was notified, Colonel M. R. Delany, formerly Major in the Waited Stutes colored volunteers, and late col- ored canaidate for Lieutenant Governor in South Carolina, Will deliver an address tms evening, at Irving Hal. He is a native of Virginia, Well edu- cated ang has travelied much in toreigu lands, the Kedemptionist Fathers of St. Alphonsus’ chureh, South Filth avenue, are informed that a Man representing bimsel! lo be a brother from their convent 18 collecting money in thia city and giv- lng Deuds and pictures io return, They desire to caution the puviic not to give him any money, as he 18 ah impostor, aud found will be prosecuted ording to law. ‘d Mission, last month, was greally enjoyea by a very large audieace, The “Skew!” will agata sing “iur ye pablick pleasure’ at Steinway on Tuesday, che 9c, “Aunt Polly” promises at yesterday vy Coroner Osvorne at the Court House, The Uhier of Police swore to the facts that he nad discovered in louking alter Hartmann. Cogan'’s brovber swore Har. mann denied any row in his place, Dr. Dodd testified tha: the man’s skull wag Jraccured, inside and out, ¢everal inches. ‘Deatn Was caused by a biow or a Jail. Ann Fitzgerald swore to witnessing a row in Hartmano’s, and seeing Hartmann (throw out of doors a man like Cogan. The mquest was adjourned till to-day. STAT ISLAND DRAINAGE COM» MISSION. A session of the Richmond County Court wag held yesterday—Judge Moore, of Kings county, Presiding—for the purpose of auditing the ac counts of the Drainage Commissioners for vhe dis. trict including portions of the towns of Westfeld, Southfield and Northfield. A large number of | landholders and taxpayers of the district were house of tae sixth Avenue Rail- | | guy's work, which obje Singin’ Skewl,’ at Steinway Hall, by the | present to protest against the doings o: the Com. Mission, notice having been served upon them vy the attorney of the Commissioners, It appeared that Justice Hornfager bad negiected to mike re. turn of the service, and Judge Moore refused to go Ou with the accounting, a8 being irreguiar. ‘The Court was, therelore, adjourned unt Frida the 12th inst. A iurther cause jor tue adjourn+ ment was the objection made by the attorney for we payers, Mr. Avery, to the allowance of bills unless they Were made out in items and by 1 ou Was sustained by Judge Moore, ‘The taxpuyers, through their couns sel and otherwise, express tue determination to know exactly how and where the $10,000 placed at the disposal uf the Commissioners nas been pended, [hey say that they are in favor ola drainage in a proper way, and that they would bg quire Willing to drain their own lauds tf perminted 10 do su, buc they are opposed to veing overtaxed unnecessariiy; and, lucther, (hose owning prope erty on toe Dill, Where ho drainage is necessar | do not Want to pay a proportion of the expens for draining Lbeir neighbors’ lands in the swampy districts. The latter class propose tu Oght taq Commissioners to tue end.