The New York Herald Newspaper, May 18, 1875, Page 4

4 THE COURTS. Troubles of the Mariposa Land and Mining Company. { mens was bad on the points in the case heretofore raised, counsel for Hart, Mr. A, K. Pardy, contend- ing that the complainant, Boucicaalt, had no rights Jn court, while Mr. O'Gorman, counsel for Bouct- cault, on the other band, contended thatas the “Shaughrana”? bad mever been printed and only represented on the stage, there was no absolute legal necessity to file copit ith the Librarian of Congress to substantiate bis claim to copsright. Considerable interest is still manifested im the re- sult of the controversy, but not tothe extent to draw the leading members of the profession from their other engagements to tue Court aslo the first days of the litigation. Mr. Purdy, on presenting his points, said The suit is brought to epjoin the use by delendant of adramatic composition called “Skibbeah,'’ as an iniringement of an alleged copy 4 dramatic composition called “Shaughraaa,’! of which she compiainant cisims to be the author and pro- pretor, In the amended bill it ls alleged that the | complainant, “im reapect to said drama, ‘Shaugh- raun,’ bas complied with ali the provisions of the Mevised Statutes of the United Siates relating to copymigtta;” that he “daly deposited in the mai before publication of said dramatic composition a printed copy of the title thereof, addressed to the Librarian of Congress, and that the lavraran of Congress did, the 26tn day of October, 1874, ame of said copyright dramatic position in &@ book kept jor tat purpose, in ce With the provision of said Revised Stat- d “that the complainant did im all re- spects comply with all 8 of all acts .of Congress in 3} provided, and then in fore jurtner allegation of & compliance with tue requirements of the law reapecuung copyrights is THE *SIAUGHRAUN".“SKIBBEEAR” CASE, The Lord Bond Robbery Again in Court. WHAT CONSTITUTES MAYHEM? Owing to the intermission in the Beecher case counsel have a few days during which they can attend to other less sensational suits, Accord~ ingly Messrs. Beach, Fullerton and Shearman were tm (he State courts yesterday looking after cases in which they are engaged. Mr. Beach ap- peared intue Oyer and Yerminer Court, before Judge Donohue, and announced that he would be réady in the Scannéil case one week from the ter- mination of the Brooklyn scandal trial, About 125 young gentiemen, the recent gracu- ates of the Columbia College and New York Unt- versity Law Schools, atiended im the Supreme Court, General Tefm, yesterday, beiore Judges | made. ii is them gileged in (he said aimended Dill tuat thereafter, ou the 14th y of November, Davia, Brady and Daniels, for ‘he purpose of being | 7574 tile complainant caused said dramatic com sworn, The oath was administered by Chie! Jus- | position (“souuguraon”) vo be periormed and tice Davis, and the newly-tledged barristers wens | represen beiore persons licensed by him by | bickets Of admission, purchased by tiem vo wit- ness sald drama, at Wallack's Theatre, ip the city oi New York, and said play as been since then represented nightly to large audieaces so licensed as Lue e, TO Fue great Benefit, adv: tage and profs Of the complainant, and that the said Grama bas acquired a great reputation; tat isis the incention of the compiamant to continue to perform and represent said diama, or cause (he same to be performed and represented for tls benefit and aavantage, and that be confidently expects to realize large profits thererom. It ig further alleged im she amended bill that the complaipant’s said piay of the “Suaugh- raun” has never been priuted for circulation or publication or sale, aud that it has uever Leen published, circulated or sold. No publication hav: ing been made and no copies ol the piay filed, the Tight to sue@ Under the staiule does not exist. ‘The statute must be construed sirictly against tue Complainebt, and ail ite requirements must ve complied With belore the rigat to sue lor miringe- ment of copyright is acquired. No protection whacever 18 given to the author of @ dramatic composition, by the statute, merely upon the fi- ing of bis title; De has ne rigat under 4 tatate until bis copyright is perfected, and. the- law ex- asly provides that Le shail not be entitled tu & ut Unies he deposits bota tite and article. e intention of the statute to confer its privileges Without publication and deposit witnin | ® reasonable tume alter the registration of the title, At common jaw autho! re protected in tueir licerary property while sucn property re- mained in manuscript and within their possession their way rejoicing, and hopeful, no dowdt, Oo bril- lant victories in the great legai arena. Judge Lawrence, in Supreme Court, Chambers, yesterday, granted a temporary injunction against | Adolph Newendorf, proprietor of the Germania ‘Theatre, in the Tammany Hal Building, restrain- tng him from giving performances uatil after tae payment of his license. The will of Nichoiaus Seger was yesterday ad- mitted to probate by Surrogate Hutchings. The eecedent bequeaths all bis real and personal es- tate and che rentsand incomes arising thereirom ¥o his widow for her own use and benefit and for the maintenance end education of ais son George so long as she (the widow) shall not remarry, it which case the property is to pass into the hands of George Nortaman in trust for the said son, George Nionolaus Seger, until he suali bave at- vwailned the age of tweaty-one years. THE MARIPOSA LAND AND MINING COMPANY. The Mariposa estate, in Ualifornia, or Fremont Grant, ast is sometimes called, contains 44,380 acres, or about seventy square miles, The grant Was made while California was under the do- mit6i0w of Mexiéo to Juan B. Alvarado, anc it was | Tqcontrols, bus shu protection did aot exteae 74 sumc: ny pe purchased in 1847 by J. C. Fremont, who presented | to the autnor. Ii he printed bis book aud gold that act bts Claim for the land to the Unitea States Land Commission, and it finally confirmed to bim an@ the patent issued in February, i456. Some four years later, woen tne yield of gold ‘rom tne quartz mines was about $190,000 a moutn, the estate was sold to aa incorporated company io | this oity. It isoniy a lew years since the Mari- poss estate became known to the capitalists of New York, as the Ophir whose inexhaustible uiines were yielding gold in sach rich profusion ‘oat ft seemed incredible that any extravagance | or mismanagement could deplete the purse mio | which this vast stream of wealth wis inces- | ed in ‘any use they chose to make of such santly pouring. Mr. Fremout became, how- property tors certaim stated period. Tne author ever, embarrassed and the property passed | can ~ no righ’ a ue ee = pag complied, from . | With ail its requirements, % only remaios to in- poss compen, pod . a tan quire whether the complaiuant may abandon bis isda, Unuer the mining laws of tue sate of Ciald UNGeT Lhe COpyTIZhs staples, ANG Lali back i upon his commou jaa rights Lhe objection to a was an adandonment, and the protection of the common law ceased; if ue placed bis drama upon tii that act Was An abandonment to all witmesses Wo were able to carry it away in their mem- ory, nd to that extent. the protection of the common jaw ceased in re- gard bo dramatic compusition also. To rem- edy this insufieiency of tae comm law protec. Lon, the eopyright statutes were and ine people of the Uailed States, through their law makers, Said to all authors or proprietors O! lit erary property, citizens or residents of the United States, that li they would piace Ou record irue copies Of their productions, in order that the peo- ple might subsequentiy freely use them, such au- thors or proprietors should be absolutely pro- te York, With @ BomINAa Capital Of $10,000,000, Mark tne W Own Si 7 s tus is coree-fold, baoees prea! ate New abnertoumante anee . First—it appears that both parties are citizens Commoaore Garrison and other large capitaiists | 0! this State, and consequently the complainant has no standing iu this Court to emiorce 1.8 com- mon jaw rights, Second—by placing Nimself within the shadow Of the statute he Das made Dis election and aban. | voned the protection of tue common law. By | fing his title he agreed to gave his composition | to the pubue in consideration of a monopoly for twent)-eigQt years, and he cannot now Withuraw from that pesition, His vwa et old or fraud | im not complying with the additional require. ments of the law Will not release him. Third—To ciaim at common iaw be must make | | it appear tuat the “Skiobeah’ was actually | pirated from his drama. Tue common law does not protects trom am accidental similarity. It must also appeartoal che “Shaughrann” was not copied by au efortot memory. ki toc deiendent pirated the “mbaugtraua” by carrying It away im ius Memory the common law Wil NOt iMseriera, Mr, Purdy, in conciusjon, atgued that the de- | murver should be sustained, the vill dismissed aud { the ipterlocuswry injunction dissolved. Mr. O'G Twas, in presentiag bis points in be- bal. o| (he complamant, Buucioaull, Weat over au | 4 * apg agen San * = ony, age or) to the trustees of the new eompauy about | te Case. He contended, in brief, that the com- | tobe tormed. ‘The property was soul for about | Plaivaat, Viow Boacicauit, @ ciyzen of, the $37,000 Of taxes, out Bot nominally to Mr. Keily, | Cotte States aud a resident of the State of New | aad he cialis that ihe expenses connected witu | YOr# before October 2, 1874, composed and wrote | obtaining possession of the property Irom squat- | § ¢Frmatic composition calied the “Shaugaraun,” ters Bed the tax ’ of which ke i sole proprietor, On October u4, $126,0W0. 1874, he mailed to the Librarian of Congress a pew Marty printed copy of the title of thie play, and receivea iy, oo, | POM toe satd Librarian che usual certificate aor. of | Huw forth the said flog of the utile of paid dr matic composition “the right whereof he (said | became imterested in tne property. Many law | e0its arose au: Property pas-ed into tae manus | hele tuttory of the Mariposa was related to Judge Van urs, Special Term, yesterday, OD the opening by Mr. Juseph i. Cooate of the suit broughs by Air. Stilwell, secretary of tue company, agelust Mr. Lugene Kelly. It appears that wsea toe old Mariposa Company dissuiveu the property othe Bands of Mark Braniguao ana other o work Lup in the best way endeavoring they issued ce (loos were made. At tans tame, Mr. Kelly says, tue company became in- dedted to him jor some $20,000 Advanced, Wai MMIMELT ROds the Who.e adur @ piiva between Nr. Kelly and Mr. Branigao, an teat the company canavt o¢ reaponsivie lot @ue to Mr. Keuy by the wustee to mis vidual capacity. Tae trustees allowed the pr erty to be s0id (or taxes, and ao arrang r. Ki buy in the property ae took the trust deed as sec and if } | eily | that he has given security in tne Judge Sutherland to State Prison for seven years. Ho got into an altercation with Robert Southern, and the result was that the latter camo out of the meélée minus an ear, The prisoner's counsel, Mr. Witham FP, Howe, interposed a good many oxcep- tions during the trial, and on these an effort is now being made to secure hima new trial in the hope of effecting lis release from prison and res torarion to tue society Of the Firat ward, of which long bee! brilliant ornament, 1' esterday in + supreme ‘Term, to which court Mr, howe had carried it on & writ oferror, Mr. Howe's printed points alo cover twenty-four printed pi and their olabo: ration was portion ate! Es dd. Great stress was laid on the alleged defectiveness ol (he Indictment. His conviction of mayhem was claimed to be a total error, inasmuch @s the indictment does not charge this offence. It was insisted further that there was a@ variance between the indictment aud the proof, the indictment setting forth that the ear Was bitten of, while the proo! showed that it was torn off, ‘The meaning of maylem was gone luto at great length aud subtle nicdty Of distinctions drawn that certainly can bave but few precedents in the school of special pleading. District Attorney Phelps defended te legally riddled indictment to the best of his ability and then the Court took tle papers, re- serving its decision, THE LORD BOND ROBBERY CASE. it will be remembered that in Maren, 1866, gov. erpment bonds and other securities, amounting to $1,358,350, were stolen from Ru‘us hb. Lora, at nis office, No. 88 Exchange place. Fi meno went in there, and while two of them were engaging the old gentieman’s attention im conversation the others secured possession of a tin box containing the bonds and got away with them. Subsequently, except about $100,000, the bonds were all recov- ered in London, though the parties committing tue robbery, through some quirks Of the jaw, man- egod to escape the penalty of their crime. erepnen B, Braigne, claiming to act as counsel or Mr. Lord in the matter, presented a bill for hiswerviccs, aAmonnting to $4,508 75, which Mr, Lord, however, refused to pay. Suit wi the Sucerior Court. the services and a counier claim of $500 loaned to ir. Braigne, whien money, however, the lavier denied having ever received, The result was a verdict of $3,000 for the plaintiff. DECISIONS. SUPREMX COURT—CHAMDERS, ee Lawrence. Edwards vs, thaway. the defendant de- Bires oO Btuy the execution ny deriaking prescribed by the code. I see no reason for interference with the plaintud in collecting bis judgment. Motion denied, with $10 costs, in Matter of Lehmaier.—kxpiunation re- aired. Patrick vs. Lennet,—The order presented by Mr. Tracy is correct 1m jorm, and the order presented by Mr. Forscer is ucorrevt ; tuls latter order is va- cated, Ames vs. Redlish,—Motion to discharge prisoner denied. In the Matter of District Court No, 1.—Porester. Approved. Bohaunan va. Cannon.—I cannot sign this de- cree, which provides for allowance, uatill have me iniormation as tu the valae of the property and as to the percentage ou which the allowance is assessed. Melgs, vi Fomynson. —Order as settled. crw vs. ¢ Mayor, &c.—The compiaint alléged That the two hoards comp \- mon Council duly adopted the resolation jue. tion. This 18 equivalent to alleging that the vote required by the charter, t, e., 1our- he of all the members elected to each board had been given for said resolution. he demurrer necessarily admits that the resvlotion was duly passed. Tis being so, | caunot resist the conciasien that the demurrer, on the groand that the complaint does not state facts sufictent to constitute a cause of action, must be overruted as frivolous, and judg- Ment rendered for the plaintig, witw Myllory v3. hiazen.—The taxation of tue clerk ts sustained. Dambmaon ve. Sctulting.—Ao allowance of $100 granted to the deiendant, Miller va. Dallamore.—i will grant.an order to show cause, but cannot enjoin tbe detendant pending the argument of the motion unless the plait gives the undertaking prescribed by tue code, Spe 18 N. Y. Reports, p. 463, Drommer vé. King.—I do not eel justiGed tn dis- turving the,Verdict of the jury in tuis case, The verdict is not against the evidence, Phe damages awarded are not excessive, aud if any error was comtuitted py me, either in my charge y orin my rulings during the trial, the defenuant must correct error vy appeal. 3 Wait’s Prac- luce, 423, and Cases clied Of Lovertson, 895, Motion Genied, With $10 costs. Jung Vs. Suydam.—On the aM@davits read upon the motion the preponderance of evidence 18 with the defendant, and 1 cannot therefore appolut a receiver. on the yronna (ot the mortgaged prem- ises are ascauty secarity jor ive debt. The mo- tion ig therefore denied, without costs, Dat with leave to the pizintiff to hereaicer renow it om fur- toer adlidavits if the cause 14 uos tried at the June special term. Geonard vs, The Mayor, &c.—Phe motion for an injunction in this case 1s denfed, for the reason toat ii the position taken by tue piamtill’s coun- ound the assessmeut will be void On its face, and there will thereiore be no ground for tue interierence of a court of equity. ° doues vs. Fitz John Porier,—The respondent was not the Commissioner oi Public Works at the time the work in Question was performed. 1 do Rot eee how le can be compelled Ly a mandamus to Lue wecessity Of Work about whi an Dave no knowiedge. Nor do I apprecia’ the potnt made by the relator’s counsel to the t the Superintendent of the Bureau of Repairs and Supphes bas other and greater powers iu respect to the work to be per.ormed under bis supervision than the nead o/ other bu- eparimeat. The case is & hard Mp CaNnot contrui tus iaw, Mo- Uon denied, Without costs. Manolt vs. Odell.—Under rule 71 the general guarsian must give secunty on unencumvered real estate (o accoant to tne juiant, dc, The isct State of New Jersey, wMd without the jurisdiction of this Court doas hot smMonLE fo & COTpilance with this rule, Newman vs. Newma' he order for tue pabil sock arity for the to : BABY, CDG $20,000 cast was y “int of tue | BOucicault) craims as autuor aud proprietor, im tak emia, fe suid 4.000 phates at avout giz a | CoRiormity with the laws of the United States re- vate, Which he credited 10 tho indewtedness to | *Pecting copy right Loucicault never prinied | said play for circulation, or pobucation, or sale; | | and the play Was never beea pubiished, cireniated ‘ed he bas since Claimed to bold Wwe o:he! aity Shares a8 secarity for tue bala of tade edness. Fiasutid arg Ze coat the first inuented. | Cf Sld, OF copied OF used, im aay way with the | Less Waa NO iMGeDWwaLsss on Leualf oi the estace; | Permission of Boacicault unless in the perform- that Kelty and Bras) ance of sald play at Waliack’s Poeatre for Bouci- were speculators caaiv'é benem, The defeudant Hart is owner of | sweoks, and tue sum cuargod to the property Was | Brawigau’s share or iue ‘caus that the loan of | ® ‘weatse on Broadway called the fheatre Co- | she property why Bravigan gave Keiy is | Mique. Me possessed kimsel/, surrepttiousiy, | " Witneut comsent of Boucicuult, of the manuscript yy Kotiy at tue | on che “Shunguraua,” tous ‘made hiimseil so pm $40,000 | Gustied with tts contects, anc vridted and pub- $0id for his arrears aud ail expens: ud tiey | Usbed the mamaveript or # material part thereof ark to ave tim hed to account tor vm of the | Whder the name oO! the “Skiobeead," a play wich and that the smount tae company | Prelessed to ve “arranged” by one G. L. Stout On the (ax sale be dete Mr. O'Gorman then hoves all the points of sim- their favor for ine Dal q | larity between the two plays, claiming that tho | how held by him bereleasea, | fCemes represented in the “Sk.oveah” Rave veen, | in the mouta o1 Septem. | Pirated irom the “Svaughraun,” and then went | apigan held the first len | 02 60 State that Bis cUlewt bad conformed with acid; that the expeo WX Sale could ve avowed if he comtract, and thar they have offered re ui ud t giv shat wae 60,000 sha Mr. Keily alleges tha’ net, 1868, Joun W. 1 a | f a the Mariposa estate, on wuici the: ‘as un. | the laws of copyright of tae United States to o: ped. Sifo.00f jen was on the ota of | able him to provect bis rights in tbe same, and to | pauisn toose who would invade them. med september, 1998, assigned to bis as acvances amountiog 1 $125,000, agreed to mak curity for ae bad | violation of te tion lies and snage Li cision. “Ski vbei that tue representation of 4 fer which a Revised Staiuce: about to be for taxes, be entered into an | agreement wita Joh to protect is and Jona’s tn- | terest im the property; that under that ag mebt, tarough pis agents, be Dongnt the pro, At he Lax sales; that the time to redeem tie saire expired, bat that fhe title became absolute in him, Or his ageats WhO purchased it; thet the amount paid vy fim for taxes and lor expenses THR LAW'S SINUOSITIES. In Octover \ast Edmund D. Bradshaw received at Alton, Wayne county, this State, a letter pur porting to have been jailed Middletown, Comn., signea A. A. Greeley & Co., asking the in taking possession of the properiy amoun‘eu to | SMomens of from 00 to 1,000 pounds of butter to $123,007 ana Opward in gold ; that IB 1971 the Mari. | Peter G. Clark & Uo., at New Loudon, Conn, the fence lggtieam Pigeon gi apne ward ‘ave | sending of the express receipt to this tirm and “ ay sroemen: Toul | tye sending Of ibe jnvoloe to themselves, anu to Joan W. Granigan of bis (Joba's) coatracts with him, aad commenced «ult sguimst bim and pis | draw om tuem at sight ‘or the athonnt of the bill. ACRIS; LUG) AE bad sity Gaui deaDss the irustecs | jy compliance wita this order Mr. Bradsbaw for- | | Waraed as directed Gfteen tuds of butter and of ths Mariposa estate to restrain taem from seil- | ing WMGer sori truss, Bad Chene suiis apd alt nat. ters ja Conbroversy were im the latter partof| drew & draft sor $338 65, which dratt was dul daaugry, L872, 4 gud compromised by written | presented abd payment refused, Tne batter werts &, to Woica be, Jona W, Granigas, V | to New Loudon, was received uy sume person oi, the Mariposa Land ava Mining Com- | who signea the recespt book J. B. or 1, B. Snow, paey aod Bil ter persons interested Were patties, | And Wa» reshipped by this party to New York, | that by she eruia Of sais agreement be received | where the same party received and dixposed of | $40.000 im gow, O00 also received What was in | it & person said to Le the one rece.pting lor tue | €fleus ® morigage or lien upoa tue Mariposa | butter ana disposing o it ‘aad ovuerwine | estate for the Lainace o: his claims against it, | Known as John Wiggins, was jodicted jer larceny awoanting 00 $225,008 in Currency and $103, | and receiving sto.em govds, tried before Judge He sul turtwer clauma that toe seviuem Sutveriape im she Coart of General Sessions, cou- 1s UBImpeuchabie aud these liens upon the estate | victed sud sentenced (0 State Pron jor in November, | five years. His counsel, Mr. JoRn OU. Mort, ng Company | carried tne case on 8 Writ of error to the Su- of remov- | preme Court, General Term, with view of obtain a | ing a reversal of the judgment and a new trial. | Ine cate Came up for atgumeut yesterday belore | Judges Davis, Braagy aad Daniel, Mr, Mott read | @ @ogiay and ingenious argument, claiming shat | vee Court erred i pot Girecting & verdict of ac- | hs induced him to accept iu majorhyy of the commen s‘oca Of tn hamely, 70,026 shares; that ne accepted this svock a Mariposa Laod and Min | qoicial on Dis moution, on the ground | tne estate free ana | toes the evidence dia not show that any | 100% shares of the col | larceny maa been commitied; im admitiing subsequentiy rec certain evidence in Venall of the prose- the stock is Bands | cution; In refusing to chatge as requested and im he pow | \¢ coarge independent o ch requests. He in- ock—nameiy, 60,025 | sisted [uals party Why receives in this State sue arceny committed in another Stare by | party canmot, under eur statates, De con- | oj latceny tn this Stave; hatin order to | ichin (nis state tee same party oust pave | @ LOTh HCl; Was po evidence im any | way couneoting the piaiatif In error with tue Grim | | of A. A. Greeley & Co., or Peter G, Ulark & Co., oF | of the letter or order for ul receiving tie butter in New ying to sbow that be had any enjomed any furiaer proceedings to «o te transfer, and has bad 1H "I ted of the property ip ‘0.8 Sta Tee case Wi provably Occupy several days, OW i+ ss } edge « to how or when or where tne "i “SKID od THE ‘“SHAUGHRAL ; AND SKIB- | how te be atirinue BEAH.” How. District Attorm DS sirennousiy com- | vated these — points, _ “ insieBg OB eMrmng wee ‘The, lege! controversy between Pion Boccicanlt, jjugment apd conviction, and pt the ciuse the ciaiming w be the apthot of ine play called the | Court Look tue papers. “Shaugvran,” and Josb Hart, oF t Theatre ae Comique, the author, as claimed, of the “Skin CRIME’S CURIOSITIES. Martin Gudirey, in Ja@uary last, waa convicted | Jegrple aM@davit of the alleged traus | letter is presented to the Court. | lator as signed to the aMdavit is also sreiled en- cation of the summons cannot be granted watt of t It is almost 1 possible to decipuer the afidavit annexed to tae papers now beore me. The peme of tue trans- urely divfergnt from the name 0 tue afllaut in tue vody of the aMdavit. Brett vs. Kogers.—f think that it 1s poasible to try this cause in an pour, but cannot grant the Motion to place (ue Cause upon the ») jal ciroas calendar as jong as plaintif te vecunicaily In derault In not serving reply. [shail allow the motion, therefore, to stand over until the question as to the reply is ggttied on motion. Menzel vs. The Wasiingtoa Lise insurance Com- pany.—ihere ia fo necessity ior an interpleader im this case. The alleged fore guardien has he status here, and itis quite evident that sie bas WO Claim Upon the Amoun: due om the policy of surance, which can be asserted as against tae title of the general and guardian ad litem of the {nant plaintit appoiuted vy this Court. The mo tion Is Genied, bat Without costs, uaving been made ib good jaith, By Judge Barrett. Binme vs. The frustecs of Vongrecation Beth. El. The impressions sugwesied upon (ue argumen e ouly been couirmed by an examinauony of the papers and the authorities cived. Fae mowon to continue the injunction must, therefore pe de- nied and the temporary injuuction uissolvea with $10 costa. ‘The sixth National Bank’ vs. The Chicsgo and Alton Railroad Compaay.—The previous oreers mane by Me Herein on this motion are Vacated, and we ue referred back to Hon. J. 5. Bosworth (0 pass upoo the propriety of tne newiy pr posed issued and to settle the sume if be aeem iurther Issues proper. The Erie Railway Compaay vs. Archer.—Motion denied, with $10 costs. in che matter Of 4 parade ground and the streets and avenves.—The police # cicaily cet ¢, and it f# net improved by the reterouce vo the map. There \8 No power oO: smendment vested in the Court. It must act upoh the notice eitmer by ap- powwting the commrarioners or deciiuing to do Fo. fo give the Court jurisdiction the statute must be strictiy Comphed Wii), aud the notice must specity the nature aud eXtent of the intended improve- ment as accurately aud precisely as time and piace of the application, The proceesings must, Luerelore, ve dismitood Peirce ve. CBippe ¢t al.—The Jadgments were entered withoat authority, aud are void under 49 Barvour, 253; 6 Hin, numerous other cases as complaived Of). The stacute as to tne Wine witdin Which motious to Vacate or modily awards must be made bas notuing to do with i’, as ‘His is not Such & Motion, bUL& MOON (0 vacate the judg- ment as illegally entered; nor does rule 40 apply, s tue ground is DOL mere irreguiarity, but mater 3 Alb, N. & 24 cand | ibe various defects | would hav It is oniy tn Court should interiere wi of exclusion, and no such Motion denicd and stay vaca SUPREME COURT—SPECIAL TERM. 'y Judge Van Brunt, inger.—Judgment for piaintit, a the efecto! a ts hore Purdy va, See opinion, SUPKRIOR COURT—SPECIAL TERM. By Juave Van Vorst. Delaware, Lackawapns and Western Ratirond Company vs. treaway et al.—Extra allowance of to the notice of these progvesi 28. | on very strong and clear Caso that the oners to "he Out | On searching nim @ number of stamps, 8! faced, 28 NEW YORK HERALD, TUESDAY, MAY 18° ¥875-TRIPLH SHERT. nn nena succeeded tn bringing both tation house, waere the gave his name as Jo! ly de. re found u| It was subsequently Giscovered that the saloon of John b. Straub, No, 576 Grand street, bad been broken into a short tume previous and $160 worth of cigara and some $7 in currency stolen, The curreucy found on Deviin was identified by Mr. Straub aa uis property. Both prisoners were id to answer the charges preferred agaings them, COURT CALENDARS—THIS DAY, $250 Lo the pialutiit, SurREMs COURT—Onamorns—Held by Judge Law- oe beng vs. Gold Heating Company.—Motion perp piy iy 43. i ag a ie) heey Ward va, Fine.—The answor is not frivolous. See 4 za 200." in memorandy) Wehle vi stayed upoi pay costs ordered to ve paid, with the costs of the appeals should the orders be afirmed, with $10 costs of this motion. jivany, &c,, vs. Clark, &c.—The petition for the appoincment of alan for tue iufant defendant gual does not conform to rule 61 of this Court. Schalk va, Ress,—Moston to vacute order of ar- rest denied, . COMMON PLYAS—SPRCTAL TRRM. Judge Loew. ler settled. MARINE COURT—PART 2. Before Judge Joachimsen. ACTION AGAINST A STREET RATLWAY COMPANY. Metager vs, The Bleecker Street Kaliroad Com- pany.—This was an action to recover $250 dam-+ ages suffered by plaintif in his property as_ Pisher vs, Fuusl. claimed through the act of defendant's servant. | 242 Part 2—Held by From the evidence it appeared that on Saturday, the 14th of November, 1674, the plaintiff, who is a butcher, sent his man, with a horse and wagon, to deliver @ large pumber of orders jor meat to his customers at various points wear bis place of business, im Fourth avenue. In the forenoon of that day his man com- mencead delivering at the corner of Tenth street, Where he halted, jumped out of his wagon | Olary, burglar: with @ basket and was proceeding to the door of the house, when he perceived taat one of the cars of the Bleecker street line must come in collision with bis Wagon. He at once dropped the basket and ran to his horse's head; the next moment the wagon was tilted © a its whole quantities of uw and chickens" and all kinds of _ butchei meat—were Ltered He contents in toe sum of $260. principal wit- i laiuttf® was the driver, who the curbstope was much Darrower than On the other or west side of the stree' defendant's counsel claimed he shoul his wagon, and irom there cross ivertes. On this point tt nded tuat the accident arose from an act Bowery Savings Bank.—Proceedines | Judges Davis, Brady amdavit meaner pon undertaking to | 216, 216, 2175s, 218, 165, reg 221, 180, 132, 184, tirely | tam Lyons, homicid 216, 217, 279, 281, 26: 231, Surnaue” Covers GeneRal ~ tunu—Held by and Daniels,—Nos, 214, 214%, 149, 156, 168, 217, 197, 1: BurReMs COURT—OrnouIT— Part 1,—Adjournod for the term. Part 2—Adjourned to Weunesday, May 19. Part ’—Held by Judgu Barrett,—Nos, 1213, 2780, 2675, 823, 216, i119, 69, 2791, 1355, 2909, 2001, 1237, 851, 983, 1219, 136955, 623, 7934, 837, 1557. a COURT—GENBRAL ‘1k8M.—adjourned SureRior Copnt—TRIAL TRRM—Part 1-—Teld by Jiage Curtis.—Nos, 835, 83034, 827, 469, 2029, 1257, 1259, 1281, 621, 817, 681, 1037, 813, 1955, 1967. Part a Hlela by ie ig a GA O88, ae 1 1726, 1036, 7% . ‘GtuuoW Pasa AEA Wit bae aes oat No, 281%. Pars 2—Adjourned to Monday, June 6. OOMMON PLEAS—GENERAL TkKM—Held by Chier Jostice Daly and Judges Robinson and Larre- Nos. 4, 19, 35, 88, 43, 4654, 75, 87D, 07, 74, 58, 2315, 2923, 2763, 824 750, 407, 4070, 160%, 24S, Judge Joachinisen.—Nos. 886, 1235, 1519, 2391, 2260, 2288, 2255, 427, 657, oy, 1830, 193: 2376, 2403, 2434, , 2441, 2442, Part s—Hel Judge Alker.—Nos. 3706, 3967, 3275, “8031, 2870, ‘suis, 303, ft, 29) 3000; 275, 4 sot, 3505, 1595. Y, Covnr OF GENERAL SESsIONS—Held by Jndve Sutheriand.—Tne People vs. Jeremlan O’Counor, arson (continiied); Same vs. James Dufy, felo- niOUs Assault and battery; bame Yames Brewer, barglary; Same vs, Joun Meyers and Ael- ville Rogensbery, grand larceny; Same vas. Joun AND TeRMINER—Held by Judge opie vs. Jonn J, McCartny, nomi. OUnarh Williamson, homicide; th Miuker, howicide; Same va. homicide; Samo vs. Kae O'Toole, Courr o¥ OY! Barretvt.—The cide; Same vy: Same vs, Blizal Philip Olw: contents— | homicide; Same vs. Mehan Cunningham, hom1- clade ; Same vs. Dominoco Polico, homicide; Same vs. Edward McLoughla, homicide; Same va. Wille THE RIELY-MONAHAN MURDER. ‘d On te wagon and its | THR "SEVENTRENTH OF MARCH TRAGEDY IN BROOKLEN. Yesterday forenoon, in Part1 of the Brooklyn City Vourt, the trial of James Riely, who is ander indictment by the Grana Jory for murder tn the first degree, was commenced belore Judge Rey- nolds. The accused, who 1s about twenty-five years of a: is & native of Brooklyn, has always Of negligence on the part oi Diaintif’s servant, and | born an excellent reputation for sobriety and not Irom aay negligence on the part of tue driver of defendant's car, unsel movea for * nousu ag @ recent decision of the General Term of tue Common Pleas iu support. Judge Joachim alter bearing lengthy argument jor and against, granted the movion for a ponsuis. Ine case will be brougat up on sppeal. MARINE COURT—PART 1. Before Judge-Gross, ACTION AGAINST THR ERIE RAILWAY COMPANY. McEvoy vs. The Erie Railway Company.—The platotid having Dusinesg to transact at Wellsboro, Pa., wont to the Twenty-third street office of the defendants at the ferry, with the intention of pur- chasing a tieket to Oerning by the emigrant train, both, as he said, because lt was cheaper and that that train connected most conveniently with the train jor the other potnt. The agent, in retarn for his money, gave Lim a paper which read, “Give the bearer a passage for one person, making one full passenger from Ni York to Corning, N. Y. Signed RM, Pyatt. Oo M. Muller, Emigrant Avent Erie Railway, No. 10 Greenwich street, New York,” telling bim at ihe Same time that he mighs gota ticket at the Jersey City office. The piain- tuff, taking tis paper, Went right across the ierry to the depot, dus was told on presenting it that they were out of tickets aud [hat he musi go back to Greenwich strecs. Desiring to take the train then about to stark, however, he passed thronga the gaies and took ® seat on the traia, where a demand being made by the conductor for ols ticket, he produced the paper be Bad recelved. He was told that he could nos ride without a ticket, and, refusing to leave the train, waa ejected, but witoout violence. Subsequently he offerea to the eonductor $o in arder to Le Allowed to ride, but this was also refused, and be Was leit This action is brought to recover damages for the detention. Ibe Court dismissed the complaint, nolding that the regulation as to the purciase of luckets established by the defendant aod known to the plaintif, being such a reasonabie One ait wus competent jor & common carrier tw make, the piamti was Douad 40 conlorm to Ik COURT OF GENERAL SESSIONS Before Judge Sutheriand. Im the Court ©! General Sessions, before Judge Sutherland, ‘yesterday morning, Daniel J. Merritt pleaded guilty to an attempt at durglary im the | third degree, The mmdictment chergea him with breaking tne glass dvuor of Jobm Kosdien’s isger beer saloon, No. 156 Fourts avenue, on the dd inst, | and stealing $80 worth of ciga! fis Honor ten- tenced him tu the Siate Prisou two years aud XX MONCAS. 1 rial of Simoa Smith, indic*ed for bi frst degree which Wags commen Ti+ day, conciuded, The secused Was Charged | with burgiariousiy entering the apartments of | Davis Raven, No. 8 Bayard street, aod stealing a | gold chain, valued at $40, and #5 In Money, oN toe | Migat Of the lsih Of April. A greas any Witnesses | reexamined on both sides, amoug them were | Q husband and wife, tue latter having been calied by the prosecution to prove @& important fact | caren} to the gut of the accUsed; while ¢ | usbabd appeared im the priso: benail wo cou- | tradict her. Seidom, it ever, has su 4 coiac. | dence bappened in 4 court of justice. } The jur+, not being able to avree upon a verdict, | were discharged, As eight were for acquitiai and | jour jor conviction, Distriet Attorgey Kollius con- | bed Lo the discuarwe Of the prisouer, . TRIED FOR BURGLARY. | James G. Santer and Jobo McKeon, alias James | Gleason, young men who were indicted tor vurg- | lariously entering the house of George J. Busse, | No, 145 West Fiitieth street, on the 4tn of the pres: ent month, pleaded guilty to burglary in tne sec- j ond degree. They stole 4 meerschaagm pipe, three | DCS Hua TWO Opera giasses, Valued at | 200, Distries Attorney Rouins stated that there | | were otner charges of a similar nature against tue | woo were aided i. the vommission by disbonest servant girls, Judge ntenced them to the State Prisow for ten yesr: Joho Kelly, 8 youth who was jointly indicted with three buys, Coarged With s:caliug, on the 7th of this mouth, $40 In money from Joon Hanle pleaded guilty to an attempt to commit that offence. ihe seuteuce imposed was one year imprisonment in tne Panitentiary, lie £. Decon, charged with borgiariousty en- tering toe apartueats of Christina Koch, No, 127 East Houston siveet, on the Of Ap ad ing a waterproof cloak, Was found guilty of larceny. Sue was sent tutbe Peniteucary x P | lor ACQUITTALS } Apn Copnoliy was tried apon a charge of steal- | ing gold waten on the 7th of July, valwed at $75, toe property of Thomas Smith, The evidence | Suowed that it was ber Ausbend, oow in the | | Stare Prison, Who stole it. =A Verdics Of; Bot gulity Was renuered. | James Marohy was promptiy acquitted of o | Charge of stealing § 26h o April, from the pocket of Jacob (epperie, tue driver of @ Har- jew sad £ordaum horse ear. | TOMBS POLICE COURT. Before Jacge sherwood, ROBDED BY BIS LANDLORD. Dennis Connor charged William Hodkins, who | keeps a dormitory at No. 49 Maloerry street, win having stolen $16 from wis pocket whiie jn [me apar:ments aforesaid. Hodkive w of suustance—iTregmarity amouuung to @ juris aictiona! defect (16 201, 17 liow., 363; 6 How., 108). itis questienable, woo, whether the irregu- jarity 18 fot sufletentiy stared in the order to snow cm Motion granted, with $10 costs, Benedict Wilmot Mapuiactaring Com- ear preponderance o! evidence Hits, There cau ve no doupt franged with stanley ag cksbam sibsequently wuderstooe ap- Phe mio well r, and that actod igh no thoroug proved of What had been done, dissolve the injanction mnst be denied. fied to cover only the ge alacture, bul Het to prevent de- t i such goods, Which would be a vie~ layon of the spiri: aod intent ol the comtract. uteal Lite Inearance Company vs. Smith,— T judgment tust be vacated and all parties woo Wave answered be permitied to pri eed | to trial at tne Jane Special Term; sand the reeres must be directed toreiund to the purchaser the amonnt paid by lim, I see no omer Way of dean seated, with thé questions pre- ions of Mr, vavis’ order 7 be inserved. —The only fact stated by the on Is that ne did NOt learn of ¢ . 1 with K Deak,” was again belore tue United States Court | esterday, Jodge Huut presiging. Lenetay argu. | in the Court of General Sessions faa veuoed oy e + meee ’ Nae n ee = Gefauit of bali to anewer. FLANNEL THIRVES. | Michael Bassetn and Patrick Shearn, who were charged op Satarday last with having stolen four | bales of blue fannel from # eanai boat in Jersey | Cit ere yesterday efanit of $3,004 eacu | to abewer as ue Court of General Sessions. | ESSEX MARKET POLICE COURT. Before Judge Morgan. | TWO MORM PURGLARS CAPTURED. At wwe above court yesterday a case of more | tban ordinary interest wae up for ring, imvor | ine a charge of burglary and apgravased sssau: upon an officer, The facts are as foliows:—Barly | teenth precinct, whue patrolling nis post man bamed John Tobin acting very suspicioasiy. fie arrested him foram attemw wees to convey him to the station house, nile on’ his way were he received A viow with some biant instrament the back of the head, Which stanned | him on | yesteraay morning Oficer Haverty, of the Tir. | at larceny and | industry, and much sympathy has been exhibited for him by hia tormer employers, During the past twelve months tt appears that he, in conjunction With hia brother-tu-law, the deceased, Johu Mona- han, carried on the vocation of fish peddlers. They ‘Were men of diferent temperanivata, however, eud.did Dot agree in &@ business capacity. About a ménth before the fatal occurrence they dissolved partnership, snd tne horse and wagon which they bad hitherto ased was dis- posed of by private sale, Monahan tmag- ined that ho had mot been fairly dealt with in the transaction, and nence he entertained a grudge against Riley. The wiie of-sue latter appears 40 Dave Laken the same view of the sisn- ation as her brother, and she left her husband early in March iast and returned to her mother, So the jeud was euhanced In vehomence. On 5%. Patrice! Day, March 17, Monahan, who was @ stalwart, agly fellow, turned out in full regalia with tne Ancient Order of tibernians of Go- wanus, and as soom aé tue line was dismissed he proceeded to @ ilquor store om the corner of Fourth avenue an Dean street, South Brooklyn, where he drank freely, When subsequently standing on the corner gamed he saw Kiely, bis hated relauve, passiug, bis Worst passions were @roused and he accosted him in @ most in- ulting maoner. A number of Monahan’s sv- oety iiends gatuered roand aud prevented him (rom striking tue accused, but one among them, 4 Man Named Murpuy, WOO Was intoxi- cated, struck Biely on the face with hia cleuchea fist three times, Monaian struck bis relative ou tie face With bia parade hat, and sald he would kit bum before morning or that he would beat vim so that be could not get out of bed tor six wontus. rhe accased, seeing the condition witch the deceased Was ip, and Q0t Wishing to enrige ina fight with Gum, jeft tue saioon and san uf toe shanty in waica be was lodging, in “Darby's Paton,” at toe intersection of Fourth avenue and Douglass streets. Balf ao hvar afterward, about ®X o'clock, Monanan, accompanied by a fellow amed Fagan, rusue. inte tne snaniy afu re- newed the quarrel. Monanan demanded an tm- medial surrender of the horse, which he is 4 Delongea to him, Kiely agreed fo mive the nimal Go, out tals did pot satisiy the two iniart- ted men, Who assauited tne prisoner. Riciy re- ted to his vedrooin and procured ® revolver trom the pocket of Dis paatawous, Thas armed approacied OS assailants, WHO comuuued to a a | press aim, and fired twice in the air, above their beads, for tue purpose of intimidauon, This act seemed to make Sionahan, WHO was @ tall, mus- colar man, more exusperated than ever, and catebing the accused vy the nalr of the head, he beat DIM With his st In the face, as was inily at. tested by the marks ol the abuse for days following the occurrence. It was during this L as-aait that the fatal shot was discharged ai Movaban fell dying, from « Wound tn the lett breasi, to tae oor. Hieiy then rau out of the shanty and, pursued vy a motley mub of men, Women and children, Woo peitea him with sticks and stow: made his way lo the Tenth precinct stution douse, wWoere he tuld the police oi the tragedy and gave himsell up, Galan, to bave acted solely 1a seif- detence. esterday District Attorney Britton, In opening the case lor tae peoply, stated the different ue- ar eg Ol Murder, 1t Was hut wurder im the first degree auless Where the act was sown to have been clearly prewedit rhe ple qi tor the jury td cec.de wes whether Ri bad killed Monahan inventionaliy or ia self-deience, ine deceased had no weapon. The tesumony Was concluded last evening and the summing Up Will take place to-day, Wieu the Case Wi bE given to the jury. BUARD OF POLICE. It was expected yesterday at the Central Ofice that the deadiock in (ue Board, occasioned by the Don-aMiation of General Smith wito his colleagues in butiness pertaiaing to the department, would develop into FOMething positive; but at the mec.- ing Of the Board, which took piace at balf-pas four o'clock, nothing beyond a httle obstinacy oa tne part of the new Cominissioner was. manifesied, | Owing to the refasai of General Smith vo qaaitfy as | ‘hay stockholders Treasurer the organization of tae preseut Board yet practically tucompiere. Tits un- 4 condition of affairs causes at the present aden amichhiy adjusted before tac toe entire force Will De CumMpelied to walt indeMnitely for thet: ir Withous & properly qualified scan ce drawn. Geueral smi'u tas chairmen ol t yreveut the accumu oosness a that ard appotuted Mr. Macsel) Cuairiman Of the com. muittee pro ter on and Three applicants for appointment to the force were vefore tne Uommmiss.uners for coptirmation, ivent looking of Qumoer, oeing nig sly we Boars ‘of rai Smich, who No” on the ques jon't think ne’a voted “Yea” oa ind) isd and measuring in stature iuily two incuos less. It is predicred that Lvely tu before long. TRIAL OF CAPTAIN KILLILEA surgeuns, was grafly remarked, tion of the man’s appoin » He nad prey a Will be seen in ANOTRER ADTOURNMONT, The case of Vaptain Killii of the Eleventn precinet, 4. was again called up before the full Board of Police Commissioners yesterday atter- noo, Chief Gierk Hawiey renewed the motion for a farther adjournment, owing to fis fnabiiity vo procure certain witnesses, He called the at tention of the Board to the fact that & bil was now pending before the Legislature conferring | power on the Board of Pollo tendance O! Witnes.ce in cases Jurisaiction, and passage of ihe Same he Wom. ase & Ment of two Weeks, by Which hme be | aie, ander the provisions uf the said the witnesses on naud. Counsellor Fellows, for the defence, opposed any farther adjourament, on the ground tia & Treason gived Was UNsUbATANTIAL, Aba Unprece- | dented, He contrasted tie actior O the Board ih tbe case p! Captiim Williams, of tue Foarta pie- ma expecta @ of o apeody adjour da vo tain withestes, After consulting WIL his colleagues, President Matwell Announced Guay be Case stoud adjourned for @ moment. Kee vering bimeel! quickly he , ad 8000 bad the “mppers’’ two weeks, stion | nok tue | ANC, Wik 4 ACHOR In tae present In tue | Joraier thé Board prompily aisuy ye hom plaimt OD fatare bo enforce soe atte! of cer. THE WAR IN CUBA. GENERAL AMPUDIA'S OPERATIONS AGAINST TEM BEDEL ARMY—A “RELIABLE” CONTRABAND IN THE SERVICE OF THR SPANIARDS—ORIM® AND VIOLENOR Of THB CAPITAL ; Havana, May 13, 1875, Advices recetved from Puerto Principe are go the 6th inst., (rom which the following ts a résumé of tue operations of General Ampudia: A SHARP RECONNOTSSANOM OF TAN REBEL LINAS. On the 6tn toss, General AMpadia, with 2,500 men, returned from his reconnoissance along the rebel lines, near the Najaza Moantains, which haa been tae insurgent headquarters and supposea capital, for the past two years, His forces suc- ceeded w killing twenty rebels, wounding seven others and capturing five prisoners, thirty-sevem horses, twenty-two oxen, seven mules, two jack~ asses and several rusty muskets, A“ BBLIABLE!” CONTRABAND. Genera! Ampudia captured aiso a negro called Mola, who revealed to His Excellency the secret order his company had received not to disturb the freedmen employed on Mr, Acoata’s estate. Acosta, it will be recollected, is the Spanish ofoer who wai ¢ in Puerto Principe a short tune since for treason in corresponding with and soma ing supplies to the insurgents. WOUNDED SPANISH SOLDIERS, About 200 wounded Spanish soldiers arrived here last week from the neighborhood of Lae Cruces. It is supposed they must bi abled since the different skirmishes Qecur there two weeki 0, ad the official Spanisn reports and the Havana newspapers do nob m tion anything in regard to having any ove kill or wounded, iB CAPTAIN GENERAL'S HEADQUARTERS. The accounts from Vaimuseda’s headquarters are very meagre, and the military authorities here are extremely reticent, Your correspondent has learned enough, however, to confirm the 1a~ telligence contained in a previous letter that the army {8 taking up summer quarters. Two more regiments ef volunteers—the Enet- neers and Second Ligeros—leave bere next week to relleve the firat two regiments which we! sent to the {runt juss one month ago. THE AUTING CAPTAIN GENBRAL IN THR TANDS) OF ROB! . Highway robbery has become so frequentin Ha- vana lately, and s0 many ae ‘sons have been stabbed and Killed, that the Captaia General hes finally established o military commission to try ail such cases. The acting Captain General, Gen- eral Carbo, was robbed a few days azo of a Watc and chain and jewelry valued at $1,500, HARBOR OBSTRUCTIONS. COMMODORE BLUNT'S FLEET BRAID UPON (THR NEW JHRSHY SHAD-TAKERS OF THE NORTE RIVER. The Pilot Commissioners thia year have haa considerable dificalty with the stad men who, every spring, place their poles aid nets In the North River, to the serious annoyance of pilota and commanders of vessels. Some weeks ago the Board decided to take prompt action to abate the nuisance and Commissioner Blant was-émpowered to make a raid upon them. An inspection of the North River was maqe_ last Friday week by Mr. bidnt im the steamer Sarah Wade, when (t was. discovered that lines of poles and nets filled the river atl the way from Spuyten Duyvil Creek to Christopher street, and Navigation was, in consequence, seriously interfered with, Commodore” Biant, believing that the only way to abate the nuisance was to “move at once upon th emy' ‘works,'” crawled into the shrouds as Farragut did ons certain occasion in Movie Bay, and the dagsnip Saran Wade bore down Been the enemy under full head of steam. No hostile snelis ered the ade vance of the galiant Commodore, and the p went up tm obedience to his command issued from the lookout in the pilot house, The enemy, who viewed the advance from their heaiquarters on the Jersey shore, pu’ off in boats under a flag of trace, and asked for an armistice and @ pario; Both were promptly granted by the vel eran commander, and the terms of the mistice Were that the shad-takers should at once fold their nets, withdraw their poles and silently steal away to other Shad waters, where meu do not “go down to the sea in ships.” There waa, one, however, who refused to be goverued by the terms of the armistice, and his poles and nets op- posite the foot of Christopher street were attacked by the feet of the Commodore and carried with silgnt loss—the sweeping away of adout $2,009 worth of nets and poles. As Commodore Bian yesterday said to the writer, “These New Jerse, squatters have hada lesson by which they wii proat,”” Itis mow Understood that nearly every offender bas reaioved lis obstructions, and there isno probabiliy that the gpilant Blunt will be compelled again tig spr to lash himseif to the snrouds oj the Saran Wade and burl Ws wrath pps the wooden prows of the hardy shad-tikers of the Jersey shore. ne of the Market, ye gest that the able Commodore of the Pijot Commission neariv cuoked himself upon the bones of a North River Shad and took (Mis Course todrive the scaly fa orites from our market. this be tra not, It is Certain that the rai satiafaction to the sitipping inte poles no jonger are the terror of pilots in River. : Another serious cane of complaint is the throw- ing Of ashes into the river and Diys by tugs and steamers. A law bas just passed tue esiature ordering the Fleaith Department to furnish 8¢o' to the Pilot Commissioners to receive ast dump tuem into the.ocean. Yesterday a delega- | tion from the towboats ss d upon the ty ge to the commission mourro®). {HE BROOKLYN | AWARD OF CONTRACTS FOR STONE AND LhON FOR THE GREAT STRUCTURE Yesterday afternoon a stated session of the D- | rector* of the Brooklyn Bridge was bela at their | ofice, Water street, near Faiton, Ex-Senator H. , Murphy occupied the chair, Tne members were | al present with the exception of Mr. W. OC. Kings- | ley, Alderman Retity, A. S. Hewitt, Comptrolier ‘Green and Mayor Wickham, Tne Bridge bill, waich makes the structure apaviic work and pisces it under the entire control of New York aad Brooklyn, was read, The vest method of settling with the private stockholders was the subject of an extended argument, They are om titled to receive the iuil amount,of their paid up sudscriptions with interest at tue rate of seven [per cent per year. Mayor Hunter was of the opinion that bopds for | the amount shonid be issued, and that they pay the interest semi-annually, the bonds to o¢ ma- | tared on ¢ letion of the bridge. | Park Co | seven per cent bonds pa: | ten years, He would prefer such | to an womedtate sevtivmeut by cash. In tuts latter view Mr. Wiliam o. Marshall con curred; but at the same time It might be to their interest to pay in cash. rhe sam fotal dee private stockholders, Mr. Murphy announced, Was $450,000. it cceurred to Mr. Stranauan that to tssae | tifeares of indebtedness payable in sixcy an€ | ninety days, a8 they eould not get aby money be- re (be orwanbeasion of the next Board, would be & wise plan | | e for report at ¢ . Messrs. Tenure, McLean, Nicho's, | Cauda were desiguared (o form sala commuste: | Fhe stone #nd iron contracts jor the work | then diecuseed atiengin. it was a question as to whether it would be proper to ratily the contracts there and thei } The acceptan was urged by Messrs. Hooth, Carroll, Stone and Murphy. A mo- tom to cousiner the contracts eventually pre- vajled, Mr, Agpin Wail disagrectng. | The evatract for bluestone. for $121,000, from Messrs. Noone & Madden, ‘or the New York tower of (he Uridge, Was then approved, ise tron contract, whlch is divided between ti Keystone Bridge Company, of Pittsburg, and ti Kdagemoore Iron of Wilmington, Del, Was thea cousidered. former received two- fiths and th ter three-fitas of the amount te- | quired at 5 ¥-lO cemts per pound. Tne grose atavuat Wu) de neariy $100,000, Some discu ry took place With regard to the action of Chie! Eu. | gineer Koebung with regara to dealiog witn o! | Competitors for this work, but im the ead Wwe | tai-stoners coudrmed the contracts. ihe contract for tne graniie for the New York tower Was avrarded to the Collins Granite Com- | pany, of Pulladeipola, jor $152,000, and the work | of supplying granite corners and dimensioa | packings Was given to J. Beatty & Uo. for apous 000 ihe Board adjourned to wect again on Monday, | 240) ines, DANGEROUSLY BEATEN. | , AY abont haltepast eleven morming James McNamara, residing at No, 20 | Hast Seventy-Mitn street, wh working ue | Fourth avenue Improvement, vecane enga im @ quarrGl Wie 4 ellow iabor fame anem by 4 the head so severety that hie whe beat, nim 4 oosidered dangerous, but not neces~ lami, Che injured mun was removed to to® | Ninety-miath Serees Keceptiva Hospital, Cap. | tain Reovins, of the Twenty curd precinct, i | Seafcuing for vis assaiund \ o'clook yesterday