The New York Herald Newspaper, March 19, 1875, Page 8

THE COURTS. pi enna A asda Further Hearing in the Templeton Child Case. RT | Y Ol {IMPORTANT TO PROPE NERS Comptroller Green’s Game of Le- gal Battledore. RAP AT POLICE JUSTICES. A The suit brought by Jonn Courtney against Baker & Co., of the Merchants’ Steamship Line, for damages on account of the breaking o1 bis ‘eg | Sbrougb a cotton bale milling upon it, was con- | pluded yesterday beiore Judge Monell, in the Sa- perior Court, tnis being the third trial of the case. A verdict of $1,000 was given for the plainwif. The subject of the assessment tn the Hardin estate was under consideration yesterday tn the Bupreme Court, Genera! Term, The executors of the estate admit the amount of stock and money belonging to the estate to be $669,000, jess $115,000 Df outstanding claims. fhe personal estate was | Basessed at $500,000 by the Tax Commissioner The case came up on appeal from such assess- ment. It was argued on behalf of the exeen- | tors toat as to shares in companies in this | Brate they should not be taxed, as the tompanies are taxed directly on their shares, Bnd as such would be double taxation, but as to spares in foreign corporations they were mere representations of property not ex- jating In this State, 1t was claimed in opposition Shat shares of acompany are always recognized As distinct trom capital stock, and may be 60 | jaxed, and in support of tois was instanced the saxing of bank stock, while tne capital cannot be taxed. The Court took the papers, Exemption (rom assessment is claimed by the Female Academy of the Sacred Heart on four lots, the ground urged being that said lots are | Becessary for the purposes of the institution, A | motion was made yesterday before Judge l)ono- | hue, in Supreme Court, Chambers, on behalf of the city to have issues fiamed as to whether the lots were so necessary. I. was claimed by Mr. Jonn KE. Deviin, on beoalf of the mstivution, that | as there were no disputed facts the issue was properly triable by a judge without a jury. Judge Donohue took the papers, reserving his decision. Wiliam Sturm and Obristian Greoy were | arraigned bejore United States Commissioner | Shields yesterday on a charge of having manuiac- tured a quantity 0! cigars, at No, 456 West Tnirty- BiZth street, without having gone through the Decessary formality o/ first paying the govern- | ment tax, Ball was at first demanded by the Commissioner, but ne finally decided to release the accused on their owu recognizances until to-day, when an examination will be gone into. In the case of the United States v: S. War- Sawer, against whom an action was some time Since instituted on a charge of having sold leaf tobacco without having made proper returns | thereof as requirea by the act of Congress of July | 20, 1863, Judge Biatchiord issued an order of arrest | egainst the accused. Deputy Marshal Bernhard | arrested Warsawer, who was heid by Commis | Bioner Shields in $500. | THE TEMPLETON CHILD CASE. Pursuant to acjournment there was a further | bearing yesterday, beiore Judge Donohue, in Su- | preme Court, Chambers, in the habeas corpus | proceedings in the Templeton cnild case, Tne ehtid—the picture of heaith and content, and ele- gantly dressed—was brought into Court by its norse, followed by Colonel W. ©. lempleton, its graadiather, who is seeking to retain it in his care, and various ladies of nis iamily, who feel a hee earnest solicitude ior tne child’s fature wel- fare. There had already assemoled in the court room the mother of tue child, who instituted the | present proceedings to regain possession of it, aud several of ner male and female relatives and friends, who have evidently warmly espoused ber cause, and show quite a8 much interest in tne resuit as she does. Tne parties were represented by the same counsel as velore. Mr. John D, Town- send appearing jor Colone! Templeton, the grand- Javner, and ex-Judge Busteed ior Mrs, 1empieton, the mother. Ex-Judge Busteed read the return to the writ and tne traverse, the facts in whict papers have siready been pubdiished in tne HERALD. Having Dnished the reading of this document, and bis runoibg comments on the same, he threw the apers On the fabie belore him. drew back into @ ensic attituae and then there »Wed a flood of commingied ary aud invective in bis own peciiariy dramatic style. Kichard was tmmaeif again, Having concluded his peroration oi pas- jonate Geciamation gan to read a maou. ript embodying the potuts of bis argument, Dive in number. Waen noe had got through the frst point Judge Uonolue tried to stop him, in- timating that bis mind was clearly made up on the propriety ofsenaing the case belore a reteree, aiMst Which the opening poimt proteaced, but Judge busteed went turoagh the remaining points Of big argument aii tie same. Their sum and sub- tance Was silply reiterated protestations against sending 1 > areieree. He in- e sisted that relerees were bot to be trusted while yadges were, and that Court should hear each witness 80 as t) judge by the tone and manner of ube degree 0! credibility to be given to their re- | Bpective evidence. Judge Donohue said that if@ judge was to bear persooally ali tue evidence in cases of this kind they would require a cozen more judges; that it could Dot be dove witn justice (oO the pablic in- terest. and that \uougn fe Knew the peopie had tiected him to do certain work, which work he meant to do, he could vot do more than he could fe. Mr. Townsend said t lily appréciated what the Court nad said, and that ail he waurted was to have the facts fully investigated. either by the court or 4 reiaviereieree. He would lik the matter reverred to Mr. Wiliam Sin Clerk, though in expressing such preference ne meant DO uspersion against the previous reieree, Mr. Biant. nudge Vonohne stated that before making any positive order he desired firat to examine tue points of law raised by the opposing counsel. Mr. Towvsend said he des firet to sabmit nfltaess of Mrs. Tem- bis coud, and that te leton he would receive some aifdavits snowing the pleton to vave the car the tamily of Colonel Te every requisite care and atten judge Donouwe—Mr, Busteed meantime object- ng wiso to their being read—thougnt it better to postpone the reauing tae nearing. Mr. Townsend ugh evi tiy aching to get at bis aficavits, che was not paruecniar, | the Court seemed to be on his side vynd had in reality already gran eu ai 1 . Thougn | tae uther side iad nau pretty y muca aay | thus far he was wi to give hia iearned op- Ponent ail the sa on abd glory ne migat Wish on accoun’ 0 The tartuer was then adjourned for one week. M me tue ther was permitted to e the child in the anveroom. ‘There was a large putation o! lady friend on botm sides who ced agreat deal of warmth in the matter, 4 particularly « veing allowed to witness the incerview between mother and child, ADJACENT PROPERTY VERS. In the suis of Mavens against Kilne, the partica- lars of which have beca puviished, an important ow flecision was given yesterday by Chie! Justice Daly, of the Court of Common Pleas. Two lots, the rears of whico joined, at the corner of Lex- ington avenue and Filtieth street, were, witn the dalidings on ‘nem, sold under a foreclosnre suit. The Filtieth street building covered the entire lot, nile a yard avout twenty eet deep remained to she Lexington avenue building, which yard served so light the rear windows of both buildings aad flow access (o the fire escape he Fitieth street buuding. Tie party pu © Lex. ington avenue building proposed \o ¢ 18 wame up tothe lime of tue otier banding, ti suteing off the lights o/ the jatter house and ac sess to the fire escape. A temporary in- unction Was wranted restraming the ex- tension 9/ the building a8 proposed, and tue 9 came bere Chet Justice Daily on a Motion to vacate sucn injunction, waieh le denies He states It to ve well vd that wt @ tive had packed to the present owners by the voiauiary yonveyance of Lhe original owners the proposed vt of extension could not be permitted. “it can Make no difference,” ne proceeds to state in his ‘ten opinir application ot this rule mbether tne sev Ook place by a atrecs rapt |row Une of arose by the transfer ot is interest up s losure sac, Jor tie Peason that the gale applies as much ino ise a8 in the ener. ‘The Questo 18 Whal each party got on she severauce; did the purchaser of tne Lexing- jon avenue lot, Who Dougat a8 would appear irom ihe pleadings he plaintuf purchased, take inet lot sunjec laintii's right to the jommt Bee oi the tre escape aud to tue use ol the Wine | | as the assignment was made before the money | seized by foreciosure of said mortgage all of each barrel for identification, Suid nowce was admitted, as evidence, but the sale | too. place previeus to the netice being | | received and one day after the Marsual’s | NEW YORK HERALD. FRIDAY, MARCH 19, 1875.-TRIPLE SHEET. dows in the rear of the building for jt and air? In my jucgment he did, and | shail, there/ore, deny (be Moon to dissolve the injunction.” SUITS AGAINST THE CITY. Judge Robinson, nolding one of the trial terms of the Court of Common Pleas, was occupied yes- terday tn the trial of suits brought against the city. The result im most cases was as usual according to the general rule, the majority of the verdicts being against the city. First im order was tried the suit brought by Marcus L. Byrne, gnee of Andrew J. Mills, Clerk in the Surrogate’s office. The suit was lor $430 18 for services as such clerk. The complaint Was dismissea on the ground that the appointment of Mills Was not filed by the Surrogate, as required by law, in the County Clerk’s office. The neXt case tried was tnat oj James L. Smith, Who brought sutt against the city or $818 40 jor advertist.g inthe New York Courter the Snerif’s proclamation of election, The delence was that the charge was excessive. 1s was thought oth wise oy the Court and jury, and @ verdict was given jor the full amount claimed, George D. Clark orought two sults against the city for $150, claimed to be due him as clerk in the Department of Public Works. The deience Was tnat he had assigned his pay. Judge Kopin. sou held that tbe assignment was void, inasmuch came due, He ordered a verdict for the plaintit. COURT OF OYER AND TERMINER. Before Judge Barrett. HOW POLICE JUSTICES DO THEIR DUTY—MOSES EHRICH TAKES LEG BAIL. In the Court of Oyer and Terminer yesterday, before Judge Barrett, Daniel Mooney, an Irishman of most respectable appearance, was placed on trial On ap indictment for burglary. He was de- fended by Mr. Wiliam F, Kintzing, The evidence showed that om the 17th of October, 1873, Mooney was doing some carpenter workin the house of Henry Yost, at No, 1,296 Second avenue, and wile so at work & bureau drawer in one of the rooms Ol the Louse Was vroken open and $40 abstracted Irom it, Several persons were accused of the robbery, but all proved their innocence, and finally, having no other person to accuse, Mr. Yost charged Mooney with the crime and had him aragged before Police Justice Buvler H, Bixby, who promptly commuted mm tor the burglary. When Mooney wasasked in court yesterday if he had takek the money he an- Bwered, ‘No, I did not." District Attorney Kuasell tnen said, ‘1 believe you,” and asked the Court to order the jury to acquit. Juige Barrett so ordered, and in ‘wolng So took occasion to re~ mara that if the Police Justice who committed Mooney had taken tie trouble to investigate the charge agaimst him the case would never have reached the Grand Jury room, much less a crimi- hai court; that it was shameinl and unjust to commit on such flimsy evidence as was contained in the aMdavit against Mooney, and that police justices ougnt to ve more careiul in the discharge of their duty, Mooney was then discharged. Moses Ehrich, who has veen indicted by the Grand Jury for receiving stolen goods, was called, and, net answering to his name, his bondsman, St White, 91 No. 27 Rutgers street, was called. He also latled to respond, and te ball boud, which was for $5,000, Was lorieited. Ebrich is the maa in whose possession were found the bonds lateiy stolen trom tue Adams Express Company. FORECLOSURE OF MORTGAGE. An interesting case was tried yesterday in the Marine Court, Part 1. Dorsner & Masterlin, four merchanis, furnished to the order of Henry Piaf, baker, twenty-five barrels of flour, to be used in his trade. About three days after, and previous to payment being made, Jacobi, the defendant, by virtue ol @ mortgage which he had on Henry Piaf, | Pfat’s property, fixtures and ajl the flour and bread, &c., therein, and sold tne contents by auction. Dorsher & Masterlin notified Mr. Jacobt that the four was not paid for, and sent him descriptive brands of comprising the baker’s shop, | seizure of the same. The time of iuifiiment | jor the Conditions mentioned in tne mortgage be- tween Piaf and Jacobi was up, and ten days alter tis the four to the order of Plaff was iuraished by Vorsner & Masterlin, and was seized by the Marshai betore any Ol the twenty-five barrels were opened, iSe Judge directed tne jury that, if the sale and foreciosure were with the tacit consent of Mr. Piaf, they should give @ verdict to the plaintit. lt pot with tue cousent of Mr. Pfaff then they shoald give a Verdict for the de/endant, Veratct by the jury for plaintiff of $219 50, Mo- tion taken for a new trial. SUIT FOR RECOVERY FOR GOODS DELIVERED. Hosenthail buys from Myers a case of cloth atthe | rate of $250 per yard, with the conditions that if the like goods were sold in the city at a lower price t@an $250 Myers should make a reduction at the game rate. When Rosenthal sold three pieces | he received @ bill of $2624; per yard. Myers al- | firms that Kosenthall asked him to send him a bill for said goods at $2 6244 per yard to show his cus | tomers What they were to him at first cost, A seaied verdict was revurned. SUPERIOR COURT—SPECIAL TERM. Before Judge Curtis. ACTION FOR DIVORCE DISMISSED. | Elizabeth Ranch vs. Joseph Ranch.—This case | involved the history of a long family quarrel be- tween husband and wile, and three several actions bave been commenced by them for a legal separa- tion, the first by the husband againet the wie, and the last two by the wile against the nusband, Neither of the two former actions came actually to trial in Court, aithough each were litigated jor | a number of years. This is the third one, and was _ tried belore Judge Curtis and was decidea by him in favor of the husband, In 1868 tne parties were married in tue city of Brooklyn, The husband kept a dry goods store at No. 10 ave. nue B, in this city, amd they resided there. They were not mated, and disagree. ments and quarrels soon arse. The tusoand | had three boys oy a former wile, but they do not seem to have been che cause of the troupes. Ac- cording to the pleadings in the present action the defendant is sixty years of age, and the tau t lies in the wile’s vivient, ungovernable temper, or ag the pusband has it In bis answer,‘ said plaintif isa very quick-tempered Woman, lull of vituperation and rage, With a tongue that never ceases taix- tog, @ quick, rapid, continuous, perpiexing, troublesome talker, and has never allowed deiend- ant any peace in Consequence thereoi.” The plaintiff complained o! her nusoana that he nad been era euted her with great crueity, pars | ticulars of whic were detailed at iength im her affidavit. These charges delendant denied. Sev- eral Witnesses were examined pro and con. rls, in rendering bis decision, saia:— is brought for a limited divorce. r to Lave had trequent quarrels acts of violence. The p ms and a score of years or and, and appears to have been abie eject nim irom Jomestic abode wituout much di Cully When she saw Ut to resort to that mode of termi- nat [his Was tot so grave a matter on iu with a Knife and cuttung active an unior of her h 4 a uiference her part as her aasailing DA: fae ih lengthwise and some other personal as | swults @ + Tie evi busbi né aggrieved eutttl tie utvoree she seeks. There we: ment accordingly. Mr. Whitelegge for plainti™, and Mesers. Lang betn for deieudant. DEC SUPREME COURT-—CHAMBERS. By Judge Lawrence, The Trustees «/ the New York Protestant Epis copal Public Sehool vs. Young.—Mowion granted, without costs. H By Judge Donohue, MoCay vs. Tne Bay Kidge Ferry Company.—Mo- uon granted, McLean et al. vs, White; Bates vs. Fisher; Atter- \ inney vs. Wood; Crane vs. Mc- . Smith; Staweil.— | on vs Acheson; Lippman McLain; im the matter of Kuseeil ¥#. Grant In tt Siosson.—Denied. n vs. Day,—Motion denied, without costa. sdperg vs. Friedberg; Arthur vs. Higgins; New York ile [nsurance Trast Company vs. Mc- ri .--Motions denied, Levy va. Weil.—Memorandam, Jones ve, Wallac iotion granted. ranaum. Grundy vs. Baldwin.—Motion granted, without costs, Kuskowsky vs. Smith.—If the aefendant de- posits $100 With the Soerif as Dall he may de dis- charged Vanderhoof v4, Kohmer.—Order modified so as to ailow plaintiff to notice for next term. “matter of Memo- Blake vs. international Lie Insurance and Trust | Company, &¢.—sotion granted uniess plaintit | Stipmiates to pat cause On calendar and try when reached, unless Judge at Circuit will put cause off | on cause shown, «ec. SUPREME COURT—SPECIAL TERM. By Judge Van Vorst. House of Mercy vs. Tho Mayor, &¢.—Judgment settied SUPREME COURT---crInctIT—pant 3, By Judge Van Vorst. Baldwin vs. Smitn.—Case and amendments set- ted. SUPERIOR COURT—SPRCIAL TERM. By Jndge Curtis, #ttlinger vs. Stegmiier.—fe condition of the Atipulation as to payment of costs, interest and instalments of pri cipal, &c., not having been compiled With, the MOUOH to Stay Sale noder the ude ment of joreciosure 1s ( Friedman et al. vs. Walter.—Motion to vacate atracnment denied, Costs of Opposing to plainud to abide event of sult. Schuchman vs. Kil.—Motion granted, Hegem va. cou ‘No, 1j).—-dudgment of foreclosure aud w | Statute of 1864, che | sented to the paying teller of the bank by Ky Begeman vs. Walcott (Wo. 3).—Judgment of foreclosure and sale. See lust clause of Rule 73, Bense! et al. vs. Gray.—Form of undertaking on — submitted by appellant’s attorney ap- proved, Laun va. Nolz,—Motion to vacate judgment ‘or irregularity dented, with costs to plaintiff of op- Posing. Laun vs. Nolz.—Motion jor a rehearing of motion to vacate attachment denied. Costs to Plainwff to abide event, COMMON PLEAS—-SPECIAL TERM. By Judge Larremore, Im th tter of the unsafe building Nor, 28, 33 87, 38, Pa 0 Abattoir piace, Augustus W. Nicoll, trustee Reynolds estate, owner.—Precept issued 1m six cases. The Mayor, Aldermen of New York, &c., va. Van- derpont.—Precept issued, Burke vs, Harris; Skiff et al. va. Ski et al; in the matter 0! Tibpals.—Motions granted, In the matter of Ihi.—Bond must conform to Lowden ys. Morgan.—Allowance of five per cent on amount of costs, Harting vs. Bruus.—Motion granted on payment Of costs, In the matter of Unsteiu.—Appiication granted. Gallet vs, Nicnols,—Case settled. Hartman vs. The Mayor, &c.—Judgment for plaintiff on demurrer, with leave to delendants to serve amended answer on payment Of costa. Lewis vs. Squires,—Order granted. Howell ‘The Mayor, .—Judgment on de- murrer, with leave tv auswer on terms. In the matter ot the accounting of Edson.—Re- port confirmed and decree ordered. By Judge J. ¥. Daly, ve. Kicin.—Motion denied. Opinion. COURT OF GENERAL SESSIONS. Before Judge Sutherland. A BATCH OF BURGLA! {™m the Court of General Sessions yesterday morning, before Judge Sutheriand, Thomas Smith, who, on the 4th of this month, entered the office oO! Messrs. Beakes & Ormsbee, No. 134 Pear! street, by breaking @ large pane of glass, pleaded guilty to an attempt at burglary tn the third degree. The prisoner was fiity-eight years old, and in con- sequence of his age the Judge deducted stx months Irom the punishment by sending him to the State Prison for two years. The same sentence was passed upon Gibo Brown, alias Guicean Paul, who pleaded guilty to an attempt at grand larceny. The indictment charged that on the 17th of February he stole Wearing apparel valued at $100, the property of Andrew Hentges. Wiliam Keely alias WilNam Keecen, who was indicted for breaking into the furnishing store of Julia Funck, on the 4th of February, and stealing $50 worth o1 goods, pleaded guilty to an attempt at burglary in the third degree, A similar plea was taken irom Charles Smith, who, on the 9th inst, broke into the wholesale liquor store of Stephen Linington, 216 Front street. No property was taken. Nicholas Furlong pieaded guilty to an attempt at burglary tn the third degree. On the night of the 9th tust. he broke into the liquor store of Joon Lysaght, 2,131 Third avenue, and stole $30 worth of iiqnors. Wiliim Wren also pleaded to the same grade of crime, the allezation being that on the 13th of February he burgiartuusiy entered the tailoring estaplishment of James B. Demarest, No. 220 Ninin ave®ue, and stole ciothing vaiued at $200, ‘These prisoners were each sent to the State Prison for two years and six montns. BOBBERY, Charles Martin pleaded guilty toan attempt at robbery in the first degree. The complaint set forth the fact that onthe 9th of Murch the ac- cused took irom Jono Gilbert a box containing $362 In coin and bills, While he was passing through | West street. Martin struck the complainant a violent biow, bul as soon us he recovered from its effects he pursued and caught him with the box in his possession. His Honor sentenced tle pris- soner to the State Prison jor seven years, ALLEGED RECEIVING STOLEN GOoDs. The triai of George Fenn, charged with larceny and receiving stolen geods, which was commenced on Tuesday, was continued yesterday. The ac- cused is charged with instigating boys 10 steal a trunk jrom‘the Grand Central depot, belonging to Miss Carson, which contained wearing apparel Vaiued at $1,500. lt was shown by the prosecu- tion thas @ portion of the stolen propery was pledged at a pawnshop in Eighth avenue by Fanoy Aimes, Who Was ip the employ of the prisoner. ‘Ine case will be concluded to-day. A JUVENILE THIEF. Andrew Owens, a little boy, pleaded guilty to petit larceny from the person, he having on the 2d of this month stolen thirty-five cents from John W. Crump. He was sent to the Catholic Protec- | tory. TOMBS POLICE COURT. Before Judge Kiloreti, ROBBERY IN A CONCERT SALOON. James Hennessy on Wednesday nignt induced Hattie Palmer to go into @ concert saloon at No. 190 Chatham street with him, and while there, | eee he robped her of $435. Hennessy was FORGERY. Edward G. Arthur, of the firm of George D- | Arthur & Co., brokers, at No. 34 Wall street, charged Joho Edwards with having forged the firm name to a check drawn onthe Union Na tional Bank and made payable to Edwards or bearer, Tne check was lor $4,103, and was pr wards ered. esterday, when its character was discov. Edwards was held for examination. PICKPOCKETS. James Doex was held in default of bail for hav- ing, on St. Patrick’s Day, stolen @ gold watch valued at $100 from Peter Kanst. Jonn McCabe, Sarah Goektel, James Samson, Meoth Burns, Edith Lace, Jim Rooney, Tom | Catherly and “Blinky,” otherwise Jerry Forcey, were ali held on charges of picking pockets, JEFFERSON MARKET POLICE COURT. Before Judge Otterbourg. FOUR BURGLARS CAPTURED. Patrick Kearney, James Maguire, Jobn Malone and James Counors were yesterday heid in defanit of $1,500 each, cuarged with burgiary, They were arrested on Wednesday nigit in the hallway off the cigar siore of Wilitam Roth, No. 403 Sixth avenue, with two sacks {i their possession, oy officers Duniop and Rogers, who were attracted to the place by the nuise they made. ey laa broken Open the rear door leading to the store. A MOTHER AND HER CHILD. About noon yesterday Mrs. Margaret Richeliew and her little child were attempting to cross South Pifth avenue at Bieecker street; at the same Moment Victor Spanvorne drove up the ave- nue atarapid gait. Tue little child was ahead of its mother and jn danger o! being runover. The mother attemptea to rescue ver child, out in the attempt gol ram over bereeif, the wagon pussing over her body. Spasborne was held in $500 dy Justice Otter- bourg to answer. EsSEX MARKET POLICE COURT. Betore Judge Bixby. PROCESSION PICKPOCKETS. While the procession was passing the corner of Bowery and Canal street on Wednesday OMcer Woods caug!it Thomas Coleman ana Eugene Jonn- sou attempting to pick the pockers of the spec tators. They were beld in $500 ball by Juage Bixby. VIOLATION OF THE EXCISE LAW. Jonn Heid, of No, 39 First avenue, and Patrick Lannigan, of No. 287% Bowery, were held in $100 | bail yesterday for sel.:ng liquors without a license, FIFTY-SEVENTH STRE. Before Judge Fiammer. A HARNESS THIER. Jeb Williams, a negro, irom Poughkeepsie, was charged by oMecer Dolan with the larceny 0! @ fur robe and |ivery clothing, valued in all at $150, tue property o! Charies Lennier, 0: No, 161 Bast Thirty first street. ibe goods were found in his posses. COURT. sion when arrested, ad0ul a biock from Mr, Lene nier’s stable, the door of which had veen burst open. He was committed tor trial. Frank Hoines, who is coach driver :ora gentienian to Kast Thirty> fifty street, Was arrested OD suspicion of beng Mn+ plicated in tue roboery, Ihe evidence did not suse tain the charge, aod he was held to appear as @ witness against Williams, DISHONORING ST. PATRICK. Among those who turned outon St. Patrick's Day were Wiliam D. Hennessy ana William Man- ning, *Wo members of Company A, Iris Brigade, Alter the parade tney went to Patrick McEaroy’s oyster saloon, No. 260 First avenue, and com. sumed over a hundred bivalves. On veiling asked lor payment they reiused, aud then added insult to injury by pushing aed jostling Mekinroy and nis wie ID & Vion! Manner and (threatening to stab the latter with a oayonet, Slennessy, being the oue Who did ali tne liarm, was fined $10 and | uc under $500 bali to keep the peace, and Manoing discharged on paying ior tne oyate ALLEGED BURGLARY OF A LIQUOR STORK ‘The liquor store of Stephen O'Connor, corner of Keventy-fith atreot and Third avenue, was broken Into aad ropbed of property worth $200 yesterday morning at three o’ciock, Tooker and McManon, Nis Oncers Gorman, enth precinct, heard | of the robvery and traced une thieves to No, 416 Hast Seventy-sixth street, where also Was found the greater portion of the stolen goods. The following persons were found tuere and ar. | | orders—Nos. 2373, 2467, 2450, 1995, | mortgaged property, | stated. Upon the main questio: reated:—Thomas Burke, James Giancy, George Wiliams, Jonn Quinn alias Kiely, Minnie Shee! Annie Higgins. Kittie Flood, Annie Haggerty and Cella Logan, Kiely was arrested tor particivation in the Dorian murder, in 1873, at Jones’ Wooa. The prigouers were committed for examination, COURT CALENDARS—THIS DAY. SUPREME COUBT—CHAMBERS—Held by Judge Donohue,—Nos. 65, 80, 124, 125, 129, 130, 181, 139, 141, 144, 159, 180, 227, 247, 248, 261. SUPBEMB COURT—GENENAL ‘TERM—Held by Judges Dans, Brady and Dantels.—Nos, 10, 11, 15, 20, 23, 24, 28, 141, 142, 148, SUPREME CoURT—SPECIAL TERM—Held by Judge Van Brunt.—Iissues of law and fact—Nos, 61, 155, 219, 242, 244, 245, 110, 54, 99, 330, 159, 173, 215, 147, 57, 208, 126, 21, 207, 231, 170, 102. 154 205, 250, SUPREME CourT—OCiRoviT—Part %—Hela_ by Judge Van Vorst,—Short causes—Nos. 1384, 1528, 2156, 1840, 2% 8, 1634, 1790, 25: 2502, 1776, 2300, 2448, 2242, i864, Part }, 2434, 2. Held by Judge Lawrence.—Snort causes— Nos, 1575, 2666, 2300, 1639, 1995, 2451, 2055, 2123, 2544, 1525, 2311, 2303, 2273, 2501, 2546, 2343, 1529, = 1607, 2513, 2505, 2473, 2253, 136144, 1365, 1307 4. SUPERIOR COURT—GENBRAL TERM.—Adjourned for the term, SupreRiox Count—TriaL TEnM—Part 1—Held by Judge Moneli.—Nos. 943, 1789, 821, 69034, 1245, 739, 890, 581, 09:, 938, 949, 1719, 1045, 871, 817. Part 2— Held by Judge Freedman.—Nos. 1046, 992, 754, 774, 1008, 1070, 1022, 868, 792, 1106, 1012, 1184, 1198, 1116, COMMON PLEAS—TRIAL TERM—Part 1—Held by Judge Robinson.—One hour causes--Of term causes—February Nos, 2227, 1999, 2228, 2009, 1891, 2298, 2254, 2008, 2, 2304, 2265. March 0, 2419, 2469, Part 2—Adjourned for the term. TeRM—Part 1—held by 1199, 1835, 2787, 1864, 1774, 1817, 1868, 1874, 1876, 1879, 1880, 1881, 1882, 1883, 1835, Part 2—Held by Judge Shea,—Nos. 1192, 8208, 1591, 657, 1695, 8272, 2720, 1640, 1182, 2283, 1610, 1592, 8009, 8015, 1265, Vart 3—Aeld by Judge Joachim sen.—Nos. 67, $114, 3116, 3117, 3103, 2016, 2017, 2311, 2697, 3175, $286 1753, 3301 3312, 3318. CourT OF GENERAL SxssiONs—Hela by Juage Sutherland.—Tne People vs. James Gilmai tin, felonious assault aud battery; Same vs. Jon Leonard et al, felonious assault and battery; Same vs. Lewis Neuendorf and Josepo Ripley, rape; Same vs. Charies Strausberg, rape; Same vs. Mary Henry, grand larceny; Same vs. Charles Miller, ‘grand larceny; Same vs, Jacob Stone, grand larceny; Same vs. Timothy Shine, grand larceny; Same vs. Louisa Gline, grand larceny; Same vs. Charles Northwick, grand larceny; Same vs. James Suliivan, receiving stolen goods; Same vs. Henry Reidmuller, petit larceny. BROOKLYN COURTS. UNITED STATES DISTRICT COURT, BROOKLYN— SCHNEIDER, THE BREWER'S, BANKRUPTCY— IMPORTANT DECISION BY JUDGE BENEDICT YESTERDAY. Judge Benedict, of the United States District Court, of the Eastern district of New York, gave his dectsion yesterday in the well known case of John Schneider's bankruptcy. schneider was & large brewer 4t Williamsburg, and in 1872 failed for upwards of $630,000, when he was adjudged bankrupt; but no warrant was issued by the United States Marshal to take possession of his property. He continued in business by compro- mising with his creditors on a basis of sixty-five percent and a payment of ten per cent in cash. A mortgage was secured on his and his wife's property in favor of James Hull and other trustees of the creditors. The following year he became bankrupt again, @ second petition was filed and a Warrant was issued (0 take possession of his property, and assignees were appointed, which had not been done in the first bankruptcy. Tne as- signees brought this suit last montn to claim the claiming 1! as partot the estate, The trustees brought a cross-suit and the suits have been tried togetner, and the decision is that the trustees are sustained tn the possesston ond validity of the trast mortgage. The iollowing is the opinion :. On the 13th day of February, 1872, John Schneider was adjudicated a bankrapt upon'the petition of one Hiram Bechtel. No warrant was issued to (he Marshal to take possession of the property of the bankrupt nor any other proceeding thereatier had upon said petition, In May following, the creditors of Sehnelacr agreed witn him ise of his debts toon paying sixty-fve ash and part secured noves, in pursuance ay, certain votes were made, to secure the payment of which Schneider and his wife executed and delivered to James Hull ana othet ag trustees, a mortgage upon certain real estate the owned by him. After the delivery of this morigage, not- withstanding the adjudication betore mentioned, schnei- der having remained i {ul possession ot his property, continded his business and incurred other liabilities. Tn November. 1873, he aguin becaine emoarrassed, whereupon some of his creditors whose debts had beet contracted subsequent to the giving of ‘he mortgage fled second petition in baukruptey against nim, under which he was adjudicated bankritot on the 261 day of November, 1573. A warrant was thereupon issued to the arshal, in pursuance of the prayer of the second pe- titton, and thereafter Charles Robinson and William Hawkins were appointed assignees. The said assignee: finding upon record the morizage which hud been made to Hull and other trustees, in pursuance of the compo. sition as above stated, filed their bill in this court to set aside the trust m ¢ upon the grounds th. of the first adjudication of bankrupey, ‘Schneider was divested of all title to his property, and, theretore, unable to make a valld mortgage thereon. A cross bill 2279, 2472. MARINE CuURT—!RIAL Judge Spaniding.—Nos. was aiso filed in this court by James Hull and other | trustees, under the said trust mortgage, to foreclose the same. In this last action the complainants in the first Action, the assicnees in bankruptey, were made parties defendants, who interposed the defence averred ban, | 84, 35, 38, 43, 44, 46, 47, 60, 14135, 95, | | street, feil on the sidewatk, | drawn off by a hawser. loch came to his death by tn accidentally re. ovived by being ‘@ight in the machinery of the engine at No, 15v unk street, on Saturday, March 13, 1875, and we recommend that in future the coor leading to the machimery at siid place ve Made more secure to prevent accidents.” NEW YORK CITY. fell ip front of @ yesterday forenoon, breaking bis He was sent to Bellevue Hospital. right arm. Jobn Hannigan, who was tnjured by a derrick falling on him last Wednesday, died at Bellevue Hospital yesterday. Coroner Croker will hold an inquest. ‘The New York Woman Soffrage Soctety proposes to celebrate the centennial of the Battle of Lex. ington (April 19, 1775) by @ public meeting at Union League Theatre. Coroner Woltman was yesterday notified to hold 8n inquest in the je of John. Cropin, who fell dead in the liquor store No. 112 Roosevelt street early yesterday morning. Some thirty patrolmen were arraigned before Commisstoner Disbecker, holuing Court at Police Headquarters yesterday alternoon on vartoug eharges, none, however, Of a very serious nature, Edward Haggerty, 0! Hoboken, accidentally tell over a horse trough, at the corner of Washington and Spring streets, yesterday morning, sustaining severe injuries of the lace, Taken to Bellevue Hospital. ‘The Assoctation for the Relief of the Poor of the Tenth ward distributed rations to 275 famiiles yesterday. Supplies came in more freely than the @ay belore, aud applicants could therefore be better supplied, A free entertainment was given at the Howard Mission, New Bowery, last evening, at which “Anant Sally Basset’s Singing Skewl” afforded rare enjoy- | ment to a large company of the poor residents in the lower wards, Joun Halloway, restding at No. 571 Washington corner of Thirty- second street and Filth avenue, early yesterda; morning. breaking hisrignt leg. He was remov. to Bellevue Hospital. The New York Board of Fire Underwriters hela another meeting yesterday, but, contrary to ex- pectation, the question of @ reduction of rates Was bot mentioned, Routine business was the feature of the meeting. A sale of goods seized by the Custom House authorities was commenced yesterday at the auction rooms of Burdett & Dennis, Burling slip, and was largely attended, Silks and suspenders were mainly sold at good prices. ‘The Wesley Methodist Mpiscopal cburch, cor- ner of Stanton and Cannon streets, will give a musical and literary entertainment this evening, when several popular artists, who have kindly volunteered their services tn behalt of the church, will appear, An unknown man, apparently about forty years of age, five feet nine inches tall, gray hair and chin wniskers, and wearing black cloth coat and pantaiogns, was found to the Tenta precinct yea verday alternoon insensible from intoxication. He was conveyed to Bellevue Hospital. At a meeting of the Dock Commissioners yester- day # resolution was referred to the Executive Committee directiag that plans be prepared im- mediately tor a system of wharf structures as are best adapted for the proper development o! Har- lem river and Spuyten Duyvel Creek for commer- cial uses. ' Early yesterday morning ap unknown man, about thirty-five years of age, five feet eleven inches tall, lig&t compiexion ana chin whiskers, wear. iug a black coat and vest, jell overboard at the Joot of Evst Twenty-firss street. He was rescued 1n an insensible condition and removed to Belle- vue Hospital. Messian church, Tbirty-fourth street and Fourth avenue, will celebrate ifs filtteth anniversary this evening. Addresses will be delivered by the Rev, Drs. Chapin. Bellows, Dewey and Alger. A hymn Has been written jor the occasion by the vener- able William Cullen Bryant, woo wrote the bymn used at the opening of the church fifty years ago, Tbe East River ferryboats experienced much diMeculty yesterday in entering their slips, owing to the low water in the harbor, Passengers were sometimes obliged to bear patiently long delays as a consequence. The ierryboat Winona ran aground at un early hour in the moruing when entering her sp on the Brooklyn siae, and was detained nearly ap honr, The Mineola, alter a considerable wait, crossed over. but had to wait in the stream until aiter the Winona had been BROOKLYN. Miss Minnie Gatge, who recovered @ verdict of | six cents damages in the City Court, in her suit for $20,000 agaiust Mra. Charles O. Tonges for sian- | Ger, has moved jor a new trial. as 4 cau-e of action in the suit brougnt by them to set, ide the mo tage. These two cases were tried together together. is whether the first adjudication had the effect to divest the bankrupt of lus title to the property in question, 60 as to render invalid . any conveyance thereot thereafter made by m.” Some other obiec- tions to the mortgage fre raised by the piead- ings, but there is an entire ence of evidence to support them, and their consideration is reudered un: necessary by the determination of the question above bove siaied, itis only necessary to say tha’ it Nas been settled by the decision of the Stipreme Court In the case of Hampton vs, Rous, October 7, IS74. In that case tt was decided that the athe of a bankrupt is not diverted by an ad udieation in bank ruptcy. nut remains in him wif the appoin ment of an assignee. [n the present case no assignee was ever ap oinied in the first proceedings. There was an adjudica- ion in oankrupicy bat notaing more. No atiemt was made to interiere with the bankrupt’s possession of the property. While the bankrupt remained in the ac- tua. possession of the property in question and when no steps tad been taken to prevent a conveyance thereof, the bankrupt, not aving been divested of his title. i good faith executed the mortgage now under considera tiop. Such a mortgage is valid as against the title of an assign appointed « year and a halt alter wi ince then commenced. U grou oe bill fled by (he a ruptey is set aside, (he mortgage must be dismissed. and the bill fled by the trustees to tor question be sustained. THE MALPRACTICE CASE. close the mortgage in FUNERAL OF MBS. CURTIS, THE VICTIM—A RE- MARKABLE SCENE—DISPOSITION OF THE RE- MAINS—THE INQUEST. upon the samne tes'imony, and are now to be disposed of | The only question necessary to be considered | | Roads, &e., of Long | of passengers. The funeral! of Mrs. Curtis took place yesterday | alternoon at one o’clock, irom her iate residence, No. 12 Union square. There was a large at- tendance, and among them many of tie musical celebrities of the day, who crowded the rooms to excess. It was evident the dead lady had many friends. There were also several Californians present who bad either known her or her family in San Francisco. Mr. Max Strakosch and Mr. La@iaye'te Harrison, among the mauagers, assisted at the ceremonies, These were very solemn and impressive, and tne dreadiuily tragic manner in which deceased bad met her death added to the gloom of the occasion. “he remaius were enclosed in @ bandsome rosewood casket, lined with jeud, for transportation to Caliornia. She was attired in the Gress which had been mage jor her appear- ance inaconcert at Irving Hail one monti ago, and in aeath she wore it for the second time. It Manly A. Roniand brought sutt in the Bank- ruptcy Court yesterday to recover $2,500 from George B. Field, as commission for the sale of James Island, in the James River, Virgiula. The jury rendered a verdict for $650 for the pialntiff. About four o’clock yesterday alternoon the twenty-five foot sign of Loeser & Uo.’s store, No. 289 Fulton street, was blown from its fastening on the thira story of the building and Jeil to the sidewalk. Several pedestrians narrowly escapea injury. James Riely, who shot his brother-in-law Jonn Monaghan, during a fight on Wednesday evening in one of the shanties in Darby’s paten, on Fourth avenue, was taken before Acting Superintendent of Police George Waddy yesterday. He had his pictare taken and was questioned as to the ve- currence. Coroner Simms empanelled a jury in the case and will hold the inquest to-morrow. LONG ISLAND. Two revolutionary pensioners, residing in Flan- ders, visited Riverhead last week to draw their pensions—Major Brown, ninety-three years oid, and Captain Josepo Goodale, ninety-two years old, A bill has been introduced in the Assembly to extend the time oi Commissioners of Streets, Irom the time now iimited by law, ries to Geuse On July 1, 1875. The break on the Sou'hern Railroad, near Val- ley Stream, is now securely bridged over, and trains are running as usual, without the transfer The breaks caused by washing on the Long Island Railroad are aiso repaired, It is understood that there is @ movement in but their sala- WAS “JOHN DOR” MALTREATED? Damaging Testimony of Inspectat Mc- Dermott, of the Police. STOCKVIS NOT DRUNK All His Neighbors Testify thet He was a Sober, Industrions, Honorable an. Coroner Kessler and ‘twelve good men and true” are still actively *nquiring whether Jacob B, Stockvis’ death wae hasrened by neglect or maltreatment, The inquest was resumed yester- aay at one o'clock, when a large number of friends of the deceased gentleman were present as spec- tators, As the father of Mr. Kuttina, one of tne Jurors, died a few days ago and will be buried to. day, the inquest bas been adjourned until Tuesday, at ten ofclook, when it will likely be closed and @ verdict rendered. ‘The first witness called was JAMES LUCAS, OPERATOR at the Central Office, who sent out the general alarm relative to the disappearance of the man, nd which was not given !n full as sent him by Inspector Speight. He stated that the copy pro- duced was the one received, and the briefer one (produced) was sent out. The following are the despatones. The tull oné reads :— bout forty years old stature, gray hi hardly any teeth, light com- lexion; Went away from home (Third avenu between 108th and 109th streets), someinal deranged, this morning, about eight o'clock. He is a Hollander and speaks English somewhat. sh - SPEIGHT. The condensed one reads:— To ALL—Look oe apeoa secre forty; light complexion, gray bair, De pe a Witness stated that the habit is jor the operas tors to condense despatches by leaving out all un- important matter, and he had gone so; I aid not think tbat the words “hardly any. teeth”? were tm. portant, but the fact that he was deranged I dia consider so. INSPECTOR JOHN M'DERMOIT testified that on Sunday, February 21. in the fore- noon, a lady came in and asked 1! I had heard any- thing about her husband; he said, in answer to questions, that the lady said ner husband had leg tne day before sick trom delirium tremens; she said he had been drinking to exce: she said she cndeavored to keep him in the house, but he wonld go ont; she got him off one car, but he broke away and got On another, but she could not follow nim: she said she had sent for one Dr, Hirscn—I think she satd a relative—and from that time to the time when she saw me she had not heard from her hus- band; she said she wanted the address o! George A. Moss, a manufacturer of placking; I found It to the directory, wrote it down, and she left; in the aiternoon she made iurther inquiry; 1m the mor ing I looked over returns and books of arrests Jailed to find his name; toox her address; | feet morally satisfied she said he was sick and suffei ing from delirium tremens irom excessive drin! l recognize Mrs. Stockvis here present as the lady. ROUNDSMAN M’GEE, of the Nineteentn precinct, testified that on the | night im question, by Stiner’s tea store, Fifty- third street and Third avenue, he arrested an ola man who was sitting down; I locked him up; his name was Jonn U’Connor; he was drunk; 1 saw John Doe in the court the next morning; Mr. Nes- bitt wrote on a card, but got no answer from him; did not see him the nignt before. Lawrence Keie, No. 418 East Forty-seventh street, a quarryman, testified that he saw a man in the station house on Saturday evening with blood on his nose; he #as in the corridor opposite my cell; the Sergeant brought a German man to speak to him, but he did not answer; he MOANED AND CRIED ALL NIGHT; can't say whether he was drunk or not; he stood by the stove, but did not stagger; did not hear him speak during the night; | was not taken to couit at all; was let out on bail; was arrested for duying some wood. James Kane, of No. 157 East Fifty-seventh Street, testified that he had a iriend in the Fity- seventh street prison; was there Tuesday mori ing; the ola man looked wild and careworn; t officer said, “We can’t get anything out of im} the Judge says for you to tske good care of him,’ he acted tome likea man who was out of nile mind; he ¢id not look like a man who had been drinking ; I was near bim by the stove ail the time; he was nervons and irritabie, like a drunken man; ‘ye looked wild; had an unnatural look m his eye wild and bright; he sat down on bare stones Icalled Keeper Canningham’s attention to him; We pat him on a box by the stove; he didn’t seem to know tne use of it; he could next morning walk pretty weil; there is not the slightest doupt in the worid that he was Insane; It 1s, 1n a case of this kind, the ducy of THR KEEPER TO CALL IN A DOCTOR; it was not a fit place for bim; his clothes looked a little seedy, but not like those of @ vagrant; 1 never saw bim eat; the victuals were all un- touched; he was not disorderly, bat he could be led around like a little child. Mr. Moice, @ lager beer saloon keeper, testifiaad that the cnildren of deceased were in the habit of calling occasionally jor five cents or ten cepts worth of beer; Mrs. Stockvis told me never to give beer to the children without money; deceased lived one block irom my store and ue never came into it in person; | bave a bill for beer against him and it was given to the children; the biil 18, from tbe 3d of August to the 4tn of September, Dinety cents for beer; the general habit in that neighborhood 18 to _semd for beer at meaitimes—a pint, a quart, or more. Maury Welsch, living on Fourtn avenue, near 103d Street, testified she had known him eignt years and two years had lived in the same house; bever knew him to be disorderly, come Lome late or drink liquor. Harriet D. Campoeil, of No. 2u3 East 118th street, had known deceased nine years; never saw bim | under the influence o! liquor or disorderly; he Island City lor six months | | keeper, | never saw bim in the slightest jorm under | Long Island City for the passage of an actthrongh | was a lavender siik, trimmed with orange blos- | soms. On the plate was inacribea:— Beereceneceneceer ante tt rt rete TE et Ot bese COLO nner rnerge 4 ANNIE J. CURTIS, z ‘Aged 2% Years. QeOne nerd OO LORE LEC E NETL TELE LELOLELODOLELOLODOOO LE DT The face waa beantifal even tn death, though the lower portion ut the chin bore marks of the prog- Tess Of the destroyer, Some beautiful floral trib- utes lay on the cofia. : the Legislature giving to each ward of that city a Supervisor, so that the city would nave mem- bers of the eleven !nat would then constitute the Queens county Board. An anknown man, while walking apon the track of the Central Railroad at Isle of Trees, Wednesday, was struck by the Patchogue train, due at Hunter's Point a’ hall-past three o’ciock, and instantly killed. When picked up he pre- sented a horrible spectacie, Assemblyman L. Bradford Prince has addressed a letter to several lcading men engaged tn the oyster business meeting of representatives from the various com- milttees In the county specially titerested in the business, lor toe pa:pose of framing a iaw which stall mere clearly cefine and effectually secure the right to and under water. The State Superintendent of Public Instructton’s apportionment of the State scnool fanas to Queens county 18 as follows:—The populationol the sev- eral towns, 73,803; number of school districts, 206; amount of money apportioned according to dis- tricts, $10,00: amount according to pula- ben $80,405 02; lorary apportionment, $936 14. | Total fo Dr. Tiffany, of the Church of the Atonement— | where Mrs, Cartis had been jor some time the so- prano, and where she had met the man wh complished her ruin, Grecory—conducied the ce mony and read the beautiiul service of the Episco- pal Church. The whole choir of the church was also present and sung the “Rock of Ages.” At this moment body tne effect was such that every. the room wept. Tne stepdanghters d lady, to whom she had always been a kind mother, having worked and Nem in affliction, gave way to the ine tensity of their erie!, and the singers themaeives, unable to witnstand the influence of the scene, broke down and the hymn ended ina sobvin, in murmur, It was 4 remarkavie display of aries an affection an! sh wed how the deceased had been loved by those who knew her. The remains were then taken to the receiving vault at tue Marole Cemetery in Second street, to await the wisn of the relatives in fornia, This was tie last of one Who had been an ornament tn ber circle—a beautiful woman, singer of the greatest promise, and a lady o! true refinement, aod who, tor all that, fell, and died the most verri- bie of deaths. The inquest into the cause of the death of Mra, Curtis Will pe bezun to-day at tie Coroner's oftice at teh o'clock. CRU DEATH. THR DRATH OF JOHN M'CULLOCH NOT A SUICIDE. Coroser Woltman held an inquest yesterday morning in the case of Jolin Mcculloch, who was killed by being crushed under the monster cog- whee! at No. 169 Bank street last saturday. From the evidence adduced 16 18 clear that it was purely a case Of accidental death, and not a suicide, as was al frst veioved, ibe jury found as follows:—“Thas Jonn McOul- hool purposes, $41,304 52. STATEN ISLAND. REM ta worst v0 The mercury at Staten Island yesterday morn- ing stood at ten degrees above zero, and the boys enjoyed good skating during the most of tae day on new-made ice. In view of the difculties and abuses of the Present syscem of tax collections in Richmond @ppeared to be a perfect gentieman every way. eremian Higgins, of No. 224 East 1224 street, tes. tifled that deceased was a tenant of his tor five years; he was the most upright man that ever. lived; never saw him under the influence of liquor nor beara of it; it was five years ago he lefu my house, but saw him four months ago. George W. M. Briggs, of No. 1,968 Third avenue, | estate dealer, had known him two years asa tenant and neignoor; aever saw bim other thao sober; he was honorabi- in his dealings; saw him two days before he disappeared; he seemed a little weak minded, aithougn he transacted hig business In a periectiy natural way. Joon scutt, of No. 227 Second avenue, store had known him nearly twelve eae be in fluence of liquor ; haven’: seen him lor six montis; always saw him AS SOBER AS A DEACON; th e 1s the way he always appeared in my pres- George W. Thompson, of No. 18 East 122d street, | cigar deaier, nad known deceased titeen years in Queens county, suggesting a | county it ts suggested that tt would be better to | wbolish the oMices of treasurers and tax collectors, and have the fiuances managed by the Village, ‘Yow and County clerks respectively. Work upon the new sunday school chapel of the Presbyterian church of Stapleton will be com. menced as soon as the weather wili permit. The Rev. Dr. Rockwell, pastor of the cnurch, saya that tuey have already funds ou hand te the amount or nearly $2,000, It is nor as yet dectded whethor tue building will be erected near the church, on the site of the one which wa estroyed by an in- cepulary fire, or in some other location, The spiles for the new yacht dock at Stapleton have been received and the work of placing them in position was commenced yesterday, The ex- tension out from the new ferry dock will be about. 150 leet, and @ large stone will be sunk at the outer end, where a large oniiding will be ere d, sixty by viirly jeer, with au excensive piazza around It, enclosed Wiih giass, and a cupola, Where @ ligut ‘There wil be a wale from the ok iutiding trom eigut lo twelve Jeor wire, With hana-rais atthe sides. [tis wn+ derstood that Mr, Willam Harlow, of Pougnkeep- sie, has received the contract for the erection of the buiiding. Toe whole extension of both docks fiom the bulkhead will be about 400 feet, | Dim at the stasion house | ago; saw him eee never Knew him to pe under the influence of liquor; have dealt with him for about niteen years; he ijived near me; nig reputation is that he was sober, industrious aud attending to his business, D, F. Porter, No. 67 124th street, real estate and insurance dealer, testified he had known him since 1865; could always depend upon him asa lenant; bis reputation was (nat of a SOBER AND HONORABLE MAN; if he was a man Who arank | tiink | would hi heard oj it; 1 have not seen him to converse within two or three years, Thomas J. Jackson, wno lived two years on the same floor, had never seen him under the influe ence of liquor; haven't spoken to him Within two years, but have met him, Mrs. H. M. Logan, of 2,265 Second avenue, lived in tue same house about five years ago; be wa suber, industrious man, always coming home be jore dark; never saw any appearance o! liquor about him; I was shockeu when | read that n¢ had been arrested jor intoxication. Louis Simmers, of No. 901 Eighth avenue—Tha morning he was brougit imco court J called upon Judge Fiammer; witness swore that the sergeant stepped up and said, “This man has been aere betore ;” the Judge then pué nim under $500 bail; lama brother-in-law of Judge Fiammer; | supe Dused be had been a drunken man; didg't think he had a@ collar on; dirty jooking, a3 ‘if he bad been ving in a cell. Albert artman, interpreter for Judge Fiammer, Was recalied and swore that Sergeant Puiilips said to lita as the Man was brought up, “THis IS AN OLD BUMMBK;’ he did not, however, tell me that he had seen him there bejore. Mrs. Stock vis (recalled) stated, in regard to her conversation with Inspector McDermott, wheo she went there between nine and ten o'clock :—I never, | swear, said my Husband went away with delirium tremens, because | never saw a Case of delirium tremens; I don’t recoilect of telling nin I tried to get my husband off the cars; never said to MoVerimott that he was suffering irom exces give drinking. Dr. Hirsch (recalled) testified as to the condition of tue deceased when attended by him, the sub- stance of which has already been statedin the HERALD. Witness declared most emphatically that he did not tell Captain Mount that they couid keep U he Wis arrestea; in my opinion general debuity, produced by Kot food, nervous excitement and paralysis, and the condition Of the arm cau eu the nian’s death; the injuries he received were not necessarily dan: gerous, but they were rendered so trom iack of attention; had he haa proper care Ltoink ha would have itved lou by this | mean proper care, attention and medical attendance. ser Ye DK. WILLIARD HALL, one o} consulting physicians, testified as the Condition of deceased When he was called ih his testimony showed that he Was paralyzed; tiat he had the power of prehension aud also locomo. aeudee Bo kann his eye was contracted, and 0 ed he hid some @hscure brat softening of the orain, paket