The New York Herald Newspaper, June 19, 1875, Page 11

THE COURTS. The American Brig Mary Chilton---Her Seizure and Abandonment. THE ERIE LITIGATION. The Tammany Society Mandamus. SERIOUS CHARGE AGAINST A LAWYER, In the United States Circuit Court, yesterday, before Judge Benedict, the case of William Mank, who is indicted for selling counterfeit money, and “opstracting justice,” was postponed, in the ap- sence of defendant's counsel, until Thursday next. Defendant alleges that be 13 too poor to summon Witnesses aud the Court informed him that if he put that statement in the form of an affidavit the District Attorney would attend to tt. Vincent Palmero was put upon bis trial yester- fay in the United States Circuit Court, on an 1in- ictment charging him with passing a $5 counter- feit bill on 4n Italian grocer, named Montegriffo, In this city. The c: all day and resulted (m the conviction of the prisoner, who wags re- manded tor sentence. The Court adjourned till Monda: Yesterday, in the United States District Court, the government commenced a suit against Robert Haydock and George Haydock, for the purpose of recovering the sum of $100,000 on an Importation of earthenware, at an alleged undervaluation and false classification. John Whitley, a voy, fourteen years old, was taken before Judge Davis, in yer and Terminer, Yesterday, on his own petition, to be allowed to return to nis mother and to be released from the custody of Mr. McDaniels, of racing celebrity, in whose employmen: he was, It appeared he hada salary of $25 @ month Irom his employer, under am agreement with the boy’s mother, but he al- leges that he is ill-treated and dissatisfied and Wishes to break the agreement, bat that he is forcibly detained. The ill treatment was denied, but Judge Davis thought it best for the boy to allow him to return to his mother, and therefore granted tne petition. Phitp Olwell, recently convicted of mans jhe ter in the Jourth degree in the Court of Oyer anu Terminer, in having, in a drunken fight in anty on the rocks between Seventy-eightn and Seventy- Dinth streets, acar Fourth avenue, caused the deatn of James Orr, was yesterday sentenced by Judge Davis to one year’s imprisonment in the Penitentiary. There was to have been @ further hearing yes- terday in the Wishart habeas corpus case, before Judge Davis, in the Court of Oyer and Terminer. On appitcation of counsel for time tu procure some documentary evidence irom Philadelphia the hearing Was postponed till next Friday. THE STEALING OF THE MARY CHIL- TON. The readers of the HknaLp will remember that not long since an account was published, giv- ing the particulars of the stealing of the Ameri- can brig Mary Chilton, the property of Henry Moss, while she lay in the harbor of San Andres, in the United States of Colombia. The name of the Captain of the brig is J. Syperek, and, taking advantage oi his absence on shore, while he was looking after additionai cargo for his veesel, the mate, Danie! Lawsen; the steward, Cuaries Buruss, and three abie-bodied seamen named Wililam Bar- rett, ol New Yor, Frank Albert anu August Hock- m @3 is alleged, {eloniously took speicoeen of orig and ran away with her. esides the crew there were on board two Cuptain W. 4H. Harvey, an yn citizen. late master oi the brig Frances Jane, of Baltimore, and a Spaniard whose beme is not known to the Captain. The cargo consisted of Ingia-rubber, cocoanut ton, &c, After the vessei had been at time the crew jound that they could not success- fully navigate her. Some of them, accoraingiy, provisioned a boat, aud, getting into this boat, tney made for land. Vney reached the isiand of Cuba, out they did not want to disembark there. Their movements were opserved by Cuvan ofi- clals, and they were notified that 1 they did not come usiore they would be fired upon. Under this threat taey submitted, ana the Moment they touched the soil of Cuba they were plaved under arr Trey had andoned the vessel in th ulf of Mexico, terday the Captain in company with tne legal representative of D, de Castro & Co., who are the agents of the Mary Chilton, appeared in the United States Circuit Court, before Commissioner Shieias, and made an charges against the Langbein Brothers, attor- neys, that they had erased certain words froma pleading, in order to make it appear he had made @ mistake, and so as to enter judgment against his client. Tne Langbeins made a counter charge that Mr. Loew had himself made tne erasure for the very purpose of making the charge and va- cating the judgment they had entered, On this charge and counter charge an investigation was ordered to be had betore a referee, ‘The referee found in favor of the Langvein Bros. and that William N. Loew had made a taise and Malicious charge and had himself made the erasure the subject of inquiry, Mr. Loew had desk room in an office with Hymes H. Lowenthal, anattorney, at No, 9 Chambers street, aud the erased paper was first received by Lowenthal and was in fis possession about ten twenty minutes. Mr. Lowenthal was a with the Langbeins betore tne releree. referee’s report came before the General ‘Term Chief Justice Shea wrote an elaborate opinion, concurred in by Judges Gross and Alker, in which they ined Mr, Loew the sum of $480, and that ue stand committed to the County Jail until the fine was paid. sefore this decision the Lang- veins made a motion before tae Supreme Court, General Term, to debar Loew, on which action Is still pending, ‘toe General Term of the Marine Court, in the branch of the case brought betore it, issued an order to show cause against Lowenthali why be should not ke punisaed ior contempt of court in making the erasure in que-tionor couniving atit, Tae motion came up yesterday morning. Mr. samuel G, Courtney, appearing for Lowenthall, read & number of affidavits denying that Lowenthall had made the erasure or Was privy 10 it, Mr. Langkin submitted evidence to snow that Lowenthall had made tue eravure or Was @ party to 1t. Onief Justice Shea, in taking the papers, said the question before the Court was Who was the parcy guilty of this erasure and simulation of era- sure, supported by perjury and simulation of per- jury on one side or the uther. lt was pot neces- ‘sary thata lawyer should be a vulgar criminal to make bim unfit to be wlawyer. In the army a party is cashiered when guilty of conauct unbe- coming & gentieman, aud he hoped that the stand- urd of morality in the legal profession would not fall below that which prevails in the army. Tnese woras of the Chie! Justice drew applause irom the numerous counsel present. Optuion was re- served, MARINE COURT—PART 1. Before Judge Alker. IMPORTAN BUILDING CONTRACT, Joseph Ross vs. Robert Finan,—This was @ sult torecover $900 irom tne defendant, a werking- man, for alleged breaco of building contract, It appeared that Finan invested his savings 10 building a house at Hunter’s Point, and entered into a contract with Ross to ereet the dwelling at @ cost Of $7,000, according to plans and specitica- tions supplied by the architect, Bernard McGurk, The work proceeded and Finan paid up each 1s- stalment promptly. At the last tnstalment for $900 Finan retused further payment, alleging that Ross had not constructed the building according to agreement. Ross brought suit before a referee, but on dejendant putting tn a counter claim for $3,000 he withdrew the suit and paid ex- Snit was then brought by him nthe Ine Court, at whica several experts testified in behalf of Finan that the ere Uon of the building Was a “job,” and that Ross had given bis workmen to understand that it Was so. From departure irom the terms of the cou- tract and the defective work the experts swore that Finan’s loss was over $3,000, On the first trial of the case a verdict was returned for the plaintiff, Ross, in $600, whien Verdict, on motion, aud argument by Mr, Courtney, Judge te yee es | set aside und granted a new trial. On this secou affidavit setting forth the facts of the case, aud’ raying that the government wouid take steps to ve the crew arrested as Soon as they shall have arrived in this port irom Cuba. It is charged that tae mate, Lauson, made an effort to sell tue cargo. This case, if it snoula come before the Court, promises to be exceedingly interesting. This isa class 01 Offence of rare occurrence, A very Leavy punishment is attacaed to it. THE ERIE LITIGATION. Two suits have been commenced against the Erie Railway Company. the first by J. . Bancrof: Davis, to foreclose the f/th and supplemental mortgages, whicu are really Ove, on which there are about $700,000 outstanding; tne other by the Farmers’ Loan avd Trust Company, to toreclose the two consolidated mortgages issued in 1870 and 1874, on the first of which the complaint avers ‘Mat $16,650,000 are vuistanding ana on the sec- ond of Wuich $26,000,000 ‘e outsianding. The Interest on $15,000,000 of these Was aue Junel and the company made default upon it. On both suits @ foreclosure is asked, and on botu suits Mr. Jewett bas veen appointed receiver om giving bonds for $600,000, und he bas filed his bonds to that amount, The order grauted on the second sultis made on the alfidavic of R. G. Rouesion, Presideut of the rust Company. Tne papers Bled are the complaint in the first mentioned suit aud the order und amdavit of Mr. Kolieston and the order. on the second mentioned suit. ‘he order in this second mentioned suit appoints ex-Judge James CO. Spen- cer referee, with autuority, whenever, though not oltewer than once a month, Mr. Jewett desires him, to pass his accouvts. Mr. Dorman B. Eaton, on behail of the boudnolders of the Budalo, Braa- ford and Pittsourg Kailroad, twenty-three ana long, on’ whicn $2,u or ded, guaranteed vy 1 rie Raliway, pute in an ausWer claiming the protec- ion of the Court, Meantime nothing bas turned up in the courts bove suits, but the above are divations ou! @ lively summer campaign when the matters once get before the courts, THE TAMMANY SOCIETY MANDAMUS. A lively discussion was anticipated yesterday in Supreme Court Chambers, bvelore Judge West- brook tn regard to the alternative mandamus granted & few days since against tne Tammany Society, at the suit of Nelson J. Waterbury, one of tne members, Augustus Schell, Jue! Stevens, Thomas Duniap and several other prominent dachems were present, with ti Beory L. Cunton, ready to i Writ, and (hus bring 10 iss right of Mr. Wateroury to have t made peremptory. The alvernative writ, as pub- lished at the time in the HeRALD, Was ovtained, as will be remembered, on the represencativa made bs Air. Waterbury that the society was about to institute proceedings to expel bim; that there Was no justidable oasis for such procedure, and that the Mandumas was necessary to compel the society to furnish Lim with a copy of the prov lous under Which such proceedings were bet! taken, Ab injunction accompanied ee wy watter Buti the society jurpish Air. Waterbury yovy of the Oonstitation and oylaws demanded oy hima. ExX-Unlet Jusuce Barbour represented Mr, Wateroury, wud asked ao adjouroment on tae frowbd of the absence oi Mr, Waterbury at Aibany D the argument 01 w cave Leflore the Court of Ap- veals, f. Chiuton opposed this application, in- #stigg that inasmuch as Mr. Waterbury limeeil Qxed on the day wnen the return suould be made, he Was bound to Le present or nave counsel act Jor him, aud iarther, 11 VieW Of the tact (has the action rained by mjuncuon. Judge Westbrovk suid that U the hearing was imsisted upon he would ve bound to iT but he sugu: Vat it would ve bev Mr. Watervury preseat, foe uearing Was fa! postpoi one week, und jet, appar eutiy not over pli MARINE COURT—GENERAL TERM. Before Chief Justice shea and Judges Joachimsen ’ and Aiker, SERIOUS CHARGE AGAINST 4 LAWYER. In the month of Juue, 1974, ina case pending in me aout, Wiliam MN. Loew, o iawyer, made J trial Judge Alker neld that the certificate of tbe architect, McGurk, settimg forth that the work was prope:ly performed vy Ross was final, thus excluding all eviaeuce for the defence, and di- rected tue jury to bring in a formal verdict tor the plaintim®, Notice of appeal was giver, and a stay of proceedings granted for thirty days, MARINE COURT—PART 2. Before Judge Gross. ACTION FOR SERVICES AS TRAVELLER. Redlick vs. Herzog et al.—The plaintiff 1s a trave elling salesman, and claims to have entered into services of the detendants, a jewelry house in Maiden lane, in March, 1873, to continue until the tollowing January, at the rate of $150 a month. He says he performed nis duties faith- tully, only using bis own discretion in selling, as salesmen ordinarily do, and that the cause of his discharge was some difliculty arising between bis branch of the family and that of the defendants, to whom he was distantly related. The deienuants, on the otner hand, testided that he was only en- gaged On trial, that be did not ovey Iustructions, and that they were airaid 1! they continued nim any longer he would become th@ boss ana they the employés, and not being able to stand him any longer they sent him away iu Octover. This ace uon 1s brought lor salary for the remainder of the- year. ‘The jury renaered a verdict ta favor of the plaintiff fer the 1uil amount claimed, DECISIONS. SUPREME COURT—SPECIAL TERM. By Judge Van Vorst. Goodwin et al. vs. Einstein et al.—Complaint dismissed. See opinion. By Judge Donohue, Lon ig?ass vs. Krenkel.—Motion dented, with $10 cost COURT OF GENERAL SESSIONS. Before Recorder Hackett. AND SENTENCES FOR LARCENY—ac- QUITTALS. In the Court of General Sessions yesterday James Quigiey pleaded guilty to an indictment charging bim with stealing, on the 6tn of May, a bale of tobacco, valued at $60, the property of William Hougsland. He was sentenced to the State Prison for four years and six months. Edward Jones, who on the 30th of May stole a pocketbook from tne person of Mrs, Anna Hen- Was passing through the museum in tke Central Park, pleaded gailty to the allega- tion. The sentence passed by His Honor was im- prisonment in the State Prison ior three years and SiX months. Ricuara Gagger. who was charged with entering toe liquor store of Michael Boylan, No. 500 West ‘Toirty-third street, om the 6tn i and stealing $5 worth of lead pi pleaded guiity to pets lar- ‘The youth was sent to the Penitentiary for ‘Thomas Markey, Thomas Hull, Henry Meyers and Isaac White were tried upon au imdictment caarg- ing them With feiontousily appropriating to their own use @ silver watch, seven snirts und a lew yards of Manne: bejonging to Patrick Markey. The evidence developed the tact that tae defenuants went to the house of the complainant, in Delan- cey street, In August, 1873, under a judgment ren- dered by oue Of the distrivt justices to get pos- session of property belonging to Thomas Markey, and it was claimed that among the wearing ap. parel was the watch. As tnere Was no felonious intent shown, the jury, without @ moment's hesi- tation, rendered a verdict of not guilty. Annie Knisset was tried upon a& charge of steal ing a pair of gold earrings, Valued at $35, on the 2a of June, 1873, belonging to Jolia Coilins. The evidence did not establisi her guilt and the jury promptly ,endered a veraict of acquittal. Lavinia Brower and Mary Willams (colored) we, e also acquitted upon an indictment charging them wita stealing $17 irom Caristian Mentzel, on the 20th of May, at @ Louse In Laompson street. Henry Breed Was acquitted of stealing a pack- Valued at $6, the property of Wiil- COURT OF SPECIAL SESSIONS. Before {udges Bixby, Kasmire and Flammer. DEFRAUDING A GAS COMPANY, Oscar May, @ brass faisher, inthe employ of Messra. McLewee &Co., of No. 1,208 Broadway, was convicted of defrauding tne Manhattan Gas Company of gas, and was tined $100. Counsel ior toe delendaut took an appeal irom the decision. CRUELTY TO ANIMALS. Jon Lawler, of East Forty-iith street, was fined $15 for ariving @ horse unfit ior use. Mr. Bergh produced a photograph of tne horse. The picture represented a poot, emaciated beast, wita side bones sticking sharply out, and looking, indeed, gs though mis days Of usefuluess Were William Hanson was ned $16 for niring out « horee not fit for use. Last Tuesday another man was Sued $10 for driving tOls same auumal, A RHEUMATIC sTORY. Michael Curlay, proprietor of a Uquor store at No. 116 Tenth avenue, ana David Halpin, were Jomtly accused of assaulting Officer McGinn, of tue Fifteentm precinct. The circumstances were these:—Mc@inn called at Curlev's store and said he Wanted to cure the rheumatic ugonies of his servaut. He Was at once accommodated and Went away, not having paid, however, tor tne ar- ticle. In palf an hour or so ho returned ana claimed, im @N indignant strain, quality of the woiskey. Halpin, Stunder at the time, and Wo 18 douptiess a judge, remarked that he (the offiver) dia’at know What good liquor Was, whereapou the kuigut of toe club retorted that he ougit 10 Know, as be mug Old Country. Words followed and brok alcercation, and nally ene 10 7 , the policeman coming of second beat. ‘the teacimony Gid hot snow tnt Curiey peri pated in the inéee aud Di aoguitted. Th Vourt, however, believed ‘ NEW YORK HERALD, SATURDAY, JUNE J9, 1875. as he strack the oMcer while lying on the floor, and he was sentenced to pay @ fine of $20. TOMBS POLICE COURT. Before Judge Duffy, ARRESTED ON THE PLY. Toemas Winston, of No. 6 Ninth avenue, left his horse and wagon at Peck slip yesterday morning waile he went to attend to some business near by. ‘Thomas Clark, of No. 95 Forsyth street, having an eye to bis pecubar business, availed himseil of the opportunity of Wipston’s absence, and, jumping into the wagon, drove of. He had gone only & block when he was arrested. Held to answer at the General Sessions. WASHINGTON PLACE POLICE COURT. Before Judge Wandell, ALLEGED HORSE SWINDLING. Christopher Briggs, a horse dealer, of No. 39 Bleecker street, was arraigned before Judge Wan- dell yesteraay On two separate charges of swind- lng, preferred by Francis F, Coleman, of Red Bank, N. J., and Alexander U, Laurens, of No. 86 Clinton street. Last January Mr. Coleman stated that he was induced by Briggs to buy a horse for $100, which was represented and warranted to be sound and kind in every particular, A few days? trial proved the reverse, und Mr. Coleman called on Briggs and received another borse in ex- change. The second horse preved even worse than the first; smd Colemau, coming to New York to get rid of the animal, was arrested on bis way, on tae complaint of Frederick Stonrs, of Fitth avenue and Sixth street, Brooklyn, who testifica that the horse in guestion nad been Stolen from nim some time previous. Shortly afterwara Briggs sold unvuther horse to Mr. Laurens for $400, stating that he was acting as agent tor Robert Cassot, of trenton, N.J. This horse was also warranted sound and kind in every particular, and when Mr. Laurens found that he had been swindled he went to Trenton to look tor Mr. Cussot, and discovered that no suck person Im the meantime Mr, Coleman’s friends w intormed of the nature of Briggs! Operations in horseflesn and procured Mr, Cole- man’s release trom aymond Street Jail, All the parties were at Washington Place Police Court yestéraay, and Briggs was neld in $2,000 pall to answer on bown complaints, THIEF AND RECEIVER. William Corrigan, a porter in the employment of Wesley W. Jones, of No. 107 Grand stroet, has been suspected by his employer of robbing bim for along time. Detective Keaiy was engaged to watch Corrigan, and on Thursday morning the officer noticed him trying to pass a smail bundle to a mau, who Was standing outside of the dvor, but returned into the store again on the entrance of a customer, and placed the bundle beitod some boxes, Where 1t Was found suosequently by an- ovher ofthe employés named Firman. In the evening Corrigan was arrested by Detective Keaiy on leaving the store, and made a /ull coulession, saying thut ne had disposed of different quantities of goods to Abraham Alexander, of No. 27 Orchard street, Jexander Was also arrested and he and Corrigan were held in $1,500 bail to answer by Judge Wandell yesterday, ESSEX MARKET POLICE COURT. Before Judge Morgan. THE TALE OF A WATCH. Henry Lyons, the proprietor of a low distillery at No, 107 Hester street, had Thomas F. Malin, his barkeeper, arrested last Toursday, whom he charged with stealing a gold watch cnaio from him, Attached to the chain alleged to have peen stolen was @ gold watch, with the name of John W. Irwin engraved inside. Detective Dyer, of the ‘Tenth precinct, saw the witch and went in search oi Irwin, Who was found at No. 111 Broadway, and at once identified the watch as his property. Mr. Irwin stated that on the 25tn o: last May he nad strayed into Lyons’ place, in Hescer street, and was escorted by Lyons into a back room, where he lay down and jell asieep. He woke up the next mora: and bis watch, which ne identified yes- terday as the same found on Muilin, was missing, as also $30 in money. Lyons was arrested by Detective ‘Dyer, and was brought bpelore Judge Morgan at Essex Market Police Court yesterday. Muliun, the barkeeper, was held the day before, on nis own coniession, in $1,000 batl to answer. Lyons, jor Want of sumMicient proof of having stolen tae watch from Mr. Irwin, was discharged, Judge Morgan Temarking at the time that the case was very sur- cious, aud he discuargedLyons very unwillingly, ut would Dold nim in $500 ball tO appear as witness against the bartender, Mullo, thereby insuring his (Lyons’) presence shoald the District Attorney see fit to have bim indicted, FIFTY-SEVENTH STREET OOURT. Before Judge Kilbreth. A HORSE AND WAGON THIEF, John B. Caden, No, 101 West Forty-ffth street, charged Cornelius Van Wink, on information and belief, with the larceny of a horse, wagon and harness belonging to him, and of ‘the value of $215. The accused denied his guilt, but was com- mitted for examination in default of $1,000 bail, TILL TAPPING. Frederick Banfield, seventeen years of age, of No, 39 West Twenty-sixth street, was charged with stealing $36 from the money drawer of Daniel O’Connor’s grocery store, No. 781 Sixth avenue, When arrested the money was found concealed inside his shirt, next tu bis body, and on being calied upon to plead in Court said ne nad nothing tosay. He was held in $1,000 to answer. BROOKLYN COURTS. COUBT OF OYER AND TERMINER—THIRD DAY OF THE TRIAL OF MRS. MERRIGAN FOR THE MURDER OF MARGARET HAMMILI—CLOSE OF THE TESTIMONY FOR THE PROSECUTION. The second trial of Mra. Sarah ©. Merrigan for the alleged murder of Margaret Hammill on the 2d day of September, 1873, In the tenement house No, 199 Ninth street, was resumed yesterday morning in the Kings County Court of Oyer and ‘Terminer. Mra Merrigan was in court, accom- panied by her motner and daugnter. There was @ large increase in the number of spectators, many of the individuals who had regularly attended the Tilton-Beecher case seeking variety in a triat for murder, in consequence of tne adjournment of the scandal suit. Maria Caiahan, a resident of East Tenth street, New York, was the first witness sworn. Sne tes- tiflea to being acquainted with Margaret Hammill and to seeing her on the afternoon of Septemoer 1, 1873; Datd her the sum Of $66 44 forreat, woich she put im her reticule which she carried at her side, Mrs. Mary Grierson swore that in August, 1873, Miss Hammill lived at No, 236 West Forty-eightu | street, the same house occupied by the witne: last saw her on the 2d of September, 1873; she went away after lunch and witness had never seen her since; on the following Monday some police ofiicers came to the house, and witness showed them tue rooms formeriy occupied by Miss Ham- mill; they opened her tranks and exammed thetic contents, Wiiness identified a set of jeweiry toat worn by Miss Hammill when she lef tue house, Mrs. Mary J. Bird testified that in September, 1873, she lived at No, 193 Ninth street, two doors irom airs, Merrigan; ‘Tuesday, eptember 2, she sawa lady auswering to the description of | Miss Haumiil pass her house; she carried # black leather bag iu her band sud had a little red satchel jastened tu a belt avout her Waist: on Tuesday afternoon, When Witness Was at her window, sue ‘he vlinds on Mrs, Merrigan’s windows 4 and Lied With cords; heard the noise of some one ighting, aud three screams iike those Was almost night When tue wit- ness heard this struggie tne fire on Thurs- day nigot; the Womua who carried the black bag went into the alleyway leading to Mrs. Merrigan’s house. the Assistant District Attorney rested the case tor the peopie. General racy thea moved the Court to direct an acquittal on the ground of jnsuilicient ev dence. In support of tne motion b was juiptly indicted with her husband oo ge vl wwurder, and there were two points he desired to discuss. ‘the question was woetner @ wife could be convicted & crime commit joitly win her husband when it was suppused toac wi husband der. upon that point, y ‘The cases on whic. he vased the exceptions were from elémentary writers and were cited by Hawkins. Counsel thea discussed | the grade Of the omence upon whien the excep- tion Was generally supposed to bear. There ‘Were no adjudicated cases where they recoguized distinction Of grade, and tue tendency o/ alt authorities Was to refer to the cri reseuce of t build tal pi = and that tne wil Tracy then quoted irom t Kipp vigan we to to wow that Me ve the furniture large, poweriul Woian, and that sue upon the peat beiore Iie became e. the circumstances of the Case were me theory that the ;risouer had committed the deea, And im favor OF the theory taat it was comuiited in the presence of the fnUsvand and that the Voice heard Yas that of the wile pleading for the life oi her iriend. Several rules of law ap- cabie to te iacws Were wen quoted? Wiy th wey were wid Chat the | against | —TRIPLE SHEET. uw present when the crime was committed ana mained passive, she was no crimial ip the la General ‘racy then stated a namber of cases where it Was held that a wile couid not be & par- ticipant ta the husband's crime, Assistant District Attorney Moore argued in reply to Generai Tracy to show that other witues- ses had proved hat the man Merrigan was not present. He thought that was a question ior tue jury. As to the point raised by the counsel, Mr. ‘Muore claimed that the exception in favor of & wife did not extend to the crime of murder, und quoted from a number of authorities to sustain the proposition. It was shown by the testimony that there Was a disturbance and @ woman screaming in the room atter the mag Merri- gan went away. According to thal, Meothe «act was committed at all, it most bave been subsequent to the first dis- turbance. Mrs. Kipp hud testified that she only thougot she heard the man’s voice, Mr, Moore concluded by opserving Giat the question was more jor the jury than for the Court. General Tracy said there was oniy one distur- bunce. There was only @ natural difference as to time between the Witnesses, Mrs, Bird bad tes- tified that she heard & woman screaming. He claimed that it was not suMcient for the prosecu- thon to prove that Mrs. Merrigan was present, ‘They must prove that she was a participant in the erime. Alter some further argiiment a recess was ta- Ken. Upou the reopening of the Court Justice Pratt said he was tncuned to think thatthe case should be submitted tothe jury. So far as the Court had been able to determine during the re- cess the theory or coercion did not upply to tie crime of murder, The counsel lor the aefence consulted for afew moments and then General ‘Tracy anpouaced that they were willing to allow | the case to go to the jury as it stood it the Court would charge that the ac- cused = mu have been «@ participant in the crime. The Assistant District Attorney said the action ol the defendant’s counsel had taken him by surprise. The presecution desired to pro- duce Witoesses to prove that Mr. Merrigan Was away from home wt Work at the time o/ the mur- der. A long argument ensued between counsel, after which Justice Pratt said he required time to consider so important a motion and would render his decision to-day. The Court tnereupon | adjourned till this morning at ten o'clock. COURT OF APPEALS. | , ALBANY, June 13, 1876, No. 8. Nelson vs. Luling.~-Argument resumed and concluded, No, 82, Ellen R. Slocum, respondent, vs, Richard Englist et al., appeliants.—Argued by Paul F, | Cooper, of counsel tor appellants, aud by B. F, Bullard for respondent. No, 23. Margaret Kreckeler, appeilant, vs. Adam Ritter, executor, &c., respondent.—Submitted. No. 36. Jacob Voorhis, Jr., appellant, vs. The Mayor, &c., of New York, respondents.—Argued | by Jobn E. Develin, of counsel for appellant, and by D. J. Dean for respondent. No, 255. ‘ine People ex rei. George L. Loutrel, spondent, vs. Patrick McCave, appellant, and . 256. The People ex rel, Deuis Hogan, ap- pellant, vs. Cornelius Flynn, respondent.—Argued by R, A, Channing, of counsel for appellant, and by W. H. Peckliam and Nelson J. Waterbury jor re- spondent. Adjourned to Monday, June 21, 1875. DAY CALENDAR, The following is the day calendar for Monday June 21, 1875:—Nos, 83, 37, 22, 4534, 78 79, 88 and 86 UNITED STATES SUPREME COURT. COTTON CONTRACTS—THE PRINCIPLES GOVERN- ING THEM. WASHINGTON, June 18, 1875, In the Supreme Court of the United States the following decisions nave been given:— No, 142, The United States, appellants, vs. C. V. Woodrud and A. Bouchard, Julia A. Nutt, exeou- trix of Haller Nutt, Mary A. Wells, “et al. No. 143. Bessie Elgee Gaussen, executrix of Jonn K. Eigee, deceased, appellant, vs. The United States, No. 166, C, V. Woodrum & Co,, appellants, vs. The United States, No, 223, Jalia A. Nutt, executrix of Haller Natt, deceased, appellant, vs. Tue United States.— Mr, Justice Strong delivered the opinion of the court. These cases have been elaborately aud very ably argued, touch- ing both the legality and the construction of the contracts under which tne different parties claim. But in the view which we take of the mer- its of the controversy itis unnecessary to deter- mine whether the contracts were or were not for- bidden by the non-intercourse acts of Congress. It is suMcient to éxamine the contracts them- selves and to determine what is their true mean- | mg. From the findings of the Court of Ulaims it appears that the cotton, which is the subject of | controversy, Was raisea upon three plantations in Wilkinson county, Mississippi, worked by John J. Elgee and Josiah Chambers, Tne interest of } the latter, whatever it may have been, was, however, abandoned to his copartner, and before the seizure under the Captured and Aban- doned Property act the whole right of Chambers ‘vo the cottom had become vested in Elgee exciu- sively. This has not been controverted. The fundamental question, therefore, is, in all the cases, whether Elgee parted with tbe ownership by either of the contracts found by the Court of | Claims to have been made by bim, or for him by bis agent, Gordon. It is the owner alone who has any standing in the Court of Claims under the Captured and Abandoned Property act. In regard to such property only such suits can be brought as are authorized by the statute. That statute (the act of March 12, 1863,) furnishes a complete system for the prose- | cution of claims under it and defines the extent of the rights which those who claim ap interest in the proceeus of property captured or abandoned | uring the civil war may assert against the gov- | erumeur. Acdording to the well known rules of | statutory coustruction the system 18 exciusive ot all others, and tue rights defined are tne only Ones which can be enforced im apy Judiciai proceeding, The language of tne act is, “tuat any person claiming to have been tue owner of uch abandoned or captured property may, a y time within two years after the sup- pression of the rebellion, prefer his claim to the proceeds thereot in the Court o: Claims, and ou pro! tO the satisiaction of sald court of his own- ersoip of said property, of his right to the pro- ceeds thereof, and that he bas never given aoy aid of sapport to the present rebellion, to receive the residue of such proceeds, after the deduction of apy purchase money whicu may Rave been paid, togecuer witu tne expense of transportation und sale of said property and ocher lawiui eXpeuses attending the aisposition thereo!.” ‘Lnus it is pialn that no one is aliowed to Sue in the Court of Claims for the proceeds of piured of abandoned property unless he can prove to che satisiaction of the Court three things:—Firs!, nis ownership of the property seized; secondly, his right to the proceeds | thereor; and, thirdly, that be never gave | comfort to tne rebellion. The third, as true, has veen ruled by this Court ve po longer necessary since the amuesty | prociamations, but tue ownership of tie property | wt the Ume of the seizure, ana tue right to the reol, are still indispensal ing in court as a claimant for the proceeds | of property captures wich nave been puld into | the Treasury of the United States. We are, then, tomquire whether Wovdruff aud bouchard or Haller Nutt bad acquired the ownership of the cotton prior to its seizure by the agent of the United States on tne 2d of April, 1862; | jor, i eltuer of these parties nad ve- | come the owner and entitied to the proceeds of its saie beiore toat dite, tuat party 18 entitled to a judgmens jor tne sum re- imaining In the Treasury afier the deductious are } made provided by the statute. If, om the otner | band, neither of tnose parties Las suown toat | Elgee parted with bis title; tf ownership re- | mained in Eigee until after tae zare, and unul | bts deato, his representatives are the only per- | Sons that are authorized to sue jor the proceeds of the cotton ia the Court of Claims, jor they only are the owners, whatever equities may exist in | savor of the parties who Comtracted to buy. We | come, then, at once, to the question whether Woodruff and Bouchard acquired the ownership of | Elgee. if tney did, it Was mediately througn 0, 8. Loodeil. ibey made no contract wito kigee, but Lovdell uia, ana they purcuased Lobaeli’s | contract. What, then, was (hat contract? On tue Sist day of July, W. C, Gurdon, an ancuorigzed ageat of Eigee and Chambers, ente! into tue following agre: ut With Loodel . Mississiret, Wilkinson ( We have this Sist of July, 1995, sold uate wr. C. deli our crops of cottou, now 1; said, Dumbering dour’ 2,10) aaty. 3. Lol rder to condirm ven Gena the gum of Bol. This cot fou Wil Le teceived, aud ‘abipped {Oy the. houwe of ve iy LO. New UFleans, ana trom this date is tt id to bave weaghed in iobdett This cotton peal Oa Agent for Mem Sige 3g Soe At the time when the contract was made the baled cotton Was stored uncer a covering of | boards at ignated. | A porctot id | was in P known ‘he Kooks,” or ‘Felter’s Plantation, about teO miles from the Mississippi Kiver. At $Bie. place Lobdell und the agent of Bigee mei. | Whether it wus the same place where tne buik utine cotton was lying does not distinctly appear. immediately waiter the contract, Lobdeli empioyed J, M. Morris, living near were tne cottun Was stored, “to Watci gad taxe care’ of it, and paid nim thereior, und Morris continued his Ly care watil $8 — was seed oy the tne United tes, But it Hoes Bm appear tha the poMmension Was surrendered to Morris or that'there was any change of posse: sion. At tas time the region where the part were was greatly disturbed by the war, and cotton was in danger of bemmg burned vy the Cor iederate jorces and of beimg captured by thy United states. Under these circumstances wu Ought it to be concluded was intended by tue Co: tract vetween Gordon and Lobdelly Was it in- tended to pass the property in the cotton to the purchaser, or was it in iegal effect only an agree- ment to sell’ It giust be admitted there is often great dim- culty in determining whether a@ contract is itself a sale of personal property, so as to pass the ownership to the vendee. or whether it is @ sale en condition, to take effect or be consummated only when the condition shall be performed, or whether it is a mere agreement Co sell, It is, doubtless, true that whether the property passes or not is dependent upon the intentiou of the par- thes to the ¢ontract, and that intention must pe fathered from the language of the instrument, There are, mOWever, certain rules for the construction of such contracts which are well settled im England, and we tbink also in this country, Mr. Justice Blackbura, in bis werk on sales (pages 151 and 152), states two of them, and Mr. Beujumin, in Dis treatise (secoud editio: age 236), adds a third. Taey are as fol- lows: irst, “When, by the agreement, tae ven- dor is to do anything to the gouds for the purpose of putting taem into taat state in which the pur- chaser 1s bound to accept them, or, as 1% 18 some- limes worded, into aueliverable state, the per- Jormance of, those things shail, in the absence of circumstances indicating a contrary intention, be taken To be w condition precedent to the vesting ot the property.’ Second, “Where anything re- mains to be done to the goods for the purpose of agacertainmg the price, as by weiguing, measuring or testing the goods, where te price 18 tO depend ou the quantity or quailty of the goods, the performance of these vhings shal! also ve @ condition precedent to the transfer of the property, altuough ine individual goo which they ought to be accepted, Toird—“When the buyer 18 by contract pound to do anything as a consideration, either precedent or concurren:, ou Wiich the passing of the property depends, the property Wilt Dot pass until the condition be fultiled, even though the goods may have been actually delivered into the possession of the buyer. ‘These may be regarded as rules for ascertaining the intention of the parties. Tuey are in most cases held to be conclusive tests. Though not supported by all the decisions, they certaiuly are geueraily accepied in England, aod by most of the courts in this country, And thew are the rales which are applicaple to contracts jor the sale of specific chatiels, contracts which define the articies which are the subjects of agreement, eltxer single ariucies or aygregates separated from others, a8 the grain in a bin, tue hides in @ specified vi &e., &¢., Or such a case as che present, all tie cotton at a desiguated place. A consideravle number of the numerous authorities which justify tuese rules are collected ‘by Mr. Benjamin tm nis “Treatise on Sgles” (Second edition, pages 234 et seq.) Applying them to the contract now under consideration, we tnink it cannot be maintained that the parties inteuded tne contract should pass the ownership of the cotton at once to the buyer without any ascertaiment of the whole price by weighing: without its complete prepa- ration jor delivery; without any delivery and without payment. “‘ihis is nob’ the case of an-un- conditional sale of a specified chattel for an ascer- tained price. its subject Was the crops of cotton lyirg in Wilkinson county, ‘The contract was a cash contract. No credit was intended, Au ascer- Tamment of the price by weighing was coniem- plated, though itis not stated where tne weighing should be done. Tue Vendor unaertook to de- liver at Fort Adams, He was it in bales, Yet all the property was not in W deliverable state. Parr was Uoginned, uu- baled and unbagyed. The vendor was to prepare it tor delivery, by ginning, baling @nd bagging it, and Lobdell was to fur- nish the necessary bagging, rope and twine. ‘This was to put the cottoa into the condition tn whic he was pound to receive it, for he Was not bound to receive apy unless the whole was ginued, baled and bagged. The contract was entire and the vendor Was not bound to put the cotton ito a deliverabie state unless Loodell turnisned the Decessary material. Besides, 1t Was stipulated Unat the cotton should be received by Da sive & vo, Our conclusion does not rest merely on the ground that the cotton was not weigued or deliv- ered. It is unnecessary fo decide that weigoing the cotton was in this case a prerequisite to the transmission of the property, toougii (hat appears: to be tne law in Eng.and, woen by the contract the goods are to ve weigned by the vendor, or by him concurrently with the vendee. ‘The Court nere considered tne Engiish and American cases, and proceeded thus:— We come bext to the cluim of Mrs, Nutt, exe- cutrix of Haller Nutt, deceased. A very vigorous argument has beeu made to us in support of this claim, but we think it cannot be sustained, As- suming that Nutt’s contract with Kigee, m: in October, 1863, was nov illegal, taat it Was hot in violativn of the non-intercourse laws, 1t still wi not such @ Contract as pussed the property in the cotton. The finding of the Court ts that in Octo- ber, 1863, Truman Holmes, as agent of Dr. Natt, contracted with Elgee jor the sale from nim of so much of the 2,100 bales oi cotton stowed at Felter’s plantation, as he (Holmes) should get out in safety to market, for the price Of £15 per baile, to be paid in Liverpool, the risk of the cotton tili got out to be on sir. Elgee. Tuat this was bat an ex- ecutory contract is Very plain. Its subjegt was iuaefinite. It was not necessurily toe 2,100 bales; not certainly any oj thew. it Was simply sv mucn of them us Holmes shouid get out In saiety to a market, The ‘eement contemplated that be might never get out any. Ii so, nothing was agreed to be sold. In tact, he never did get outs bale. Whatever else may be dispensed with it is certain there can ‘be no sale of personal chattels without a specific identification ol the thing sold, Which oi tae whole namber of bales could the purcnaser say were bis? For which of them could he bave been compelied to pay? And there is no evidence tuat Holmes ever received the cotton, or any part of if, or asserted aly possession, though tne sale was on credit, ane if the property was his principal’s he was en- titled to move if at once to market. Our atten- tion has been called to the letter addressed vy Elgee to Holmes afterwards, which, tt 1s argued, was itselfa sale. 1t was dated October 8, 1863, and was as follows: Dran Sin—It having been agreed on between you and myself that I seli to you all the cotton ef Eigee & Cham- bers, now baled and under shed, for the price ot £15 per bale, payaole in Liverpool to be placed to my credit wit! Liverpool. Captain Tavraaw Hoimes, present. This was not found by the Court to have been per contract between the parties. It refers to une former agreement, and evidently it was intended as @ direction where to pay the price of the cotto! if any should ve got out, and if auy purcl should become due, it nad no obuer purpos It was not even a delivery order, mucn Less oun it be regarded as a bill of sale. And there is no find- ing that it was accepted. Tne only contract, therefore, respecting the sale of the cotton to Holmes upon whieh the executrix of Dr. Nutt can rely is that found by the Coart to have been made, acontract jor the sale Of so much ol the 2,100 bales as Holmes shouid get out in safety ro # mar- ket, and that contract passed no property in the cotton. This disposes Of the whole case. in the cotton was in bige a tracts proved divesied a result 1s that bis personal representatiy titled to a judgment jor the eutire proceeds of the cotton held in trast for the owner, The judgment of the Court of Claums 18 reversed and the record is remitted, with instruction to dismiss the petitious o: Woodrud and Boue! , and Julia A. Nutt, executrix, and to enter a Judgment in favor of tne personal representatives of Joun K, Eigee, jor tne sum iound in the treasury, the net proceeds of the sale of the corton. . nee Mr. Justice Bradley and Mr. Justice unt THE TWEED CASE. Noshing new was developed im the case of Tweed yesterday. Ail day long anxious inquiri were being made at the Sberiffs office to uscer- tam whether or not ths Boss would be tn town. At three o'clock Order of Arrest Clerk Quincey received a despatch Irom nis deputy, McGonigal, stating that mothing was expected to occur in connection with the Tweed case. The remittitur has not yet been sent to the Voanty Clerk's office, and it is not prov any steps will be taken to bring tt twere untii Monaay. In the meantime ‘fweed’s counsel hope to obta)n ball, and thus save their client rom the Tombs, MUNICIPAL NOTES. Tne firemen’s warrants are stil) unsigne those deserving men remain without their weli- earned salaries for the month of May. Mayor Wicknam will be at bis office to-day, on returning from Boston, It is to be hoped that some ar- Tangement will be made by which this difficulty be- tween tne yor aad Comptroiler cam be obvi- ated. The signing of those warrants ls onlya jabor Of two hours. M Consideravie speculation was indulged in yes. teraay, by politicians around the City Hall, as to the probable sirength and prospects of the pro- posed hew democratic party about to be organ- iged in opposition to Tammany Hall. Some go so far as (o way (hat avery large disadected element will Dols from the Wigwam into the ranks of the opposition. Desporic and bad management are named a3 the main causes for tiils disaffection. Mr. Joon Morrissey was around the ali during the day, but entirely dumv as to his future course, ‘The Ventilation ia some of the large rooms of the new Court House is decideuly oad, partic larly in that pare of the buliaing occupiea by Court of Common Pleas, It mignt possibly be be ter to tear down chis monument of ofMficta: corrup- tion aitogetuer than aitempt to improve tty io- terior or exterior arrangements, ‘the Third House, & political loungers’ retreat, in the Uity Hall, Was Comparatively deserted y: Gay. Neariy all the Aldermen ana their pa: lay companions adsented themselves, 4 os a ‘Wier! ‘a Li oruwa of Wistora to tue Rieoutive o be ascertained aud they are in the state in | to deliver | THE HARLEM STENCH. REPORT OF POLICE SURGEON WATERMAN O8 THR UNWHOLESOMENESS O¥ THE FILLED DI8- rhicr. At the meeting of the Police Board yesterday the following report on the,condition of Laricus fats Was presented and ordered on file:— New York, Juwe 16, 1875. To THE HONOBABLE Boakd OF POLICE COMMISSION+ ERS: At the meeting of the Bosra of Surgeous on May 29 areportof a select committee was submitted jor concurrence and indorsement touching tue condition of ‘certain sunken lots, known as the “Harlem fats,” ana the composition of the ma- terial landed from the scows and deposited om said flats ior the purpose of filing thew up, fhe report closed with #everai suggestions and recom- mcndatious which seemed to me sair aud logical, and I gave my signature to the report. since then the facts presentea by the committee nave been called in quesiton. It is alleged tout the percentage of organic admixture is twenty and not five, and that the noxious gases ufleng |rou this source were endangering the nelguvorhood. ‘rnese conflicting views induced me to visit tne district in question, and | beg ieave to submit td your hogorable Board the resalt of my observa tions ana the consideration oi certain scieutifie questions connected with the subject. On entering the territory of tae Harlem fata irom Second avenue and Ninety-fourtu street, the much complained of odor was distinctly percelv' It is a Sickening, hanseating odor, growing 1D 1 tensity as you proceed. it seemed to me like @ beavy mepaitic cloud resting over Une entire lo calily. Iv is everywhere and seems not to origh nate from any particular spot, 1 encountered we same mephitic ordors at lu6th and lo7th streets and Third aud Lexington avenues. Tue wind Waa southeust and the temperatare cool, SOURCES OF THE STENCHES, In vain aid { look for a defimite source of this remarkable odor, 1 found, indeed, a itlie black, Seething suect of water under % house at 106ca street ahd Second avenue, where I witnessed the rising of large gas bubbies. I visited the lote upon the borders of tue siuggish Harlem River, whose miry, Muddy suriace gave evideuce of the eXualalious of marsh gas, the carburetted hydrow gen, offensive at all times. [looked upon a reek- Ing, black, muddy bottom, left as the tide had re« ceded, at 107th screet, between Second and Third avenues, @ spot of ground so offensive to look upon thut 1 wondered bow this cesspvol was tol- erated among the dwellings of civilized men. J saw the material that had been deposited, with its admixture of organic suos.ances, wich everyWhere is insufficiently covered. anu in tue lots Allea in by the Comuisstoner of Puviic Worka scarcely covered at all, allowing the efluvm irom beiow to expand ana spread over far und wide portions Ot this district, Ladeed, I saw tnat HE COMPLAINTS HAVE NOT BEEN EXAGGERATED; the evilis there and must be remedied. {tis only by grasping together all the causes that we Can account for this sirange effect. Im the layimg bare of swampy grounus sack puenomena are often witnessed. So luug 33 & Sheet of water covers the bumid, mury ground even Only during the time of tidal over flows the decomposition of organic matter is pres vented. As the Waters recede at low tide the sulay rays exert their powers, but tne returning tide quenches the evolution of gas; but when & murshy aistrict 1s separated from the tUdul ow und Is imperfectly covered the solar rays have henceforth fuil sway to initiate putreiaction proc- esses, and not only carburetted bydrogen, but also suiphuretred and poosphuretted nydrogea are liberated. If to this state is added the decom. position from tbe admixture of organic mater 1 Ube fliling materiai, we May behold tue cause of this nauseating aod sickening Mepnitic cloud. Lam satisfied that every estimate with r to the percentage of organic adiixture, mia simply by ocular observation, Must be lauty und nabie to greaterror. itis probable raat tne per centage of animal and vegetable varies greatly at different seasons, months, and even day: volumes often buiky, at times ligui, at ore heavy; at times ary, at others wet; cau only be determined by processes quite independent of the eye; by chemical analytical processes, vy des- icc@siou und by the ald Oi delicate scaies the per- centage cau be determined and an average 00. tuined. However, 1! think that the average of twenty per cent is greatly 1n excess. ‘Youching tne beaitnfulness of tue locality I mast DIFFER FROM THE COMMITTEE Who submitted tne report, It ts quite true, as they stace, that the people residing tere look hale and pardy; even in the houses at luvch street and Second avenue, below which the process of lermentation can be seen as well as smeiled, peo- ple do not complain of sickness, Dr. Stimert, vue olour surgeons, testifies to the salubrivy ol the location, and the sick lists of the department show that the’ health Of ihe mea 18 as good as nearly everywhere else in tais city, Still i cannot adopt that view. Marshy localities, such as the Hurleay flats, are, per se, Dever bealtay. Fever abounds in them everywhere over the world. Waere there is such @ widespread cloud of fout odor there must be puwefactive processes going on; the genesis OF generation O: myriads Of low organizations, the imseparavie Companions Of ler Menting and decomposing processes, is sure to jollow. ‘These low organizations. iuugi or ani- Malcule, although toe sinall to be discerned by the naked eye, and so light that they rise aud move Upon the Wings oO! the rising gases evolved by si lar heat—these, our science teils are the origia aud carriers O1 1ever and disease. Concurring ag 1 do with many points of tne committee's able re< oct, tn this view Lam compeliea respectiully ta fer. 1 am candid in saying that I enough to decide wuesher ti mechanical part ofthe work 1s well done or Rot, Some purta ure evidently better flied m than others. Those lots described in the report as having been flied in by tue Commissioners of Public Works are in a very deploravie state, in my nuambie juagmeut. Science uad no hand in this Work. No inteiligeat mind bas sougat to consider the work from & truly sanitary point of view. Tae disiniectanta not engineer used are merely pailiative in thetr effect, and it ia provlematic wheter the dead oi and em- ployed bave any Geodorizing properties at ail. ‘Tue towering consideratiou—to make t! posit 80 that whatever the percentage of garoage might be there shouid he be deposited over it Sratum Of earth so thick that its absorbing po should present an excess to the generating power ol the subsotl below—has been lett ous. ‘rne question, Where ought the refuse of cities be depusited Y which just DOW agitates tne CiL- zens vl this Commonwealth, 1s not a new one. it has in turn agitated all the governme.ais of Eu- rope, and the British government has expeaded enormous sums Of money to thatend. our waya present themselves to dispose of tne refuse of large cities, First, tc use 10 for agricuitaral pare poses; second, to submis it to cremation; third to carry it away by water; fourth, to ry i and cover it with earth. Witn regard to the first method Dr. Waterm: Says that im the vicimity of Beriln a lactoity exe waich prepares from the refuse of the Germaa metropolis an exceilent material, whico is eagery pn up by the jarmers to use ou their felds. Ure- ation Has littie uf record from foreign countries tw recommend its adoption. Carrying tne mave- rial out to sea would be avtended with al expense the city coald not afford, and, apart from the question of expense, the pian 18 U0t leasibie, at least in New York. In stormy weather scows could not get to sea, und toe duuger that toe lighter material would be washed back to out suores was an insurmouatabie one. Tue fourta pi to bury the material by using it .or Diling ta purposes and cover it with suificieat earth to absorb the deieterious prop s— a considers by far the best, The most emine’ sauitarians abroud indore thie~piau, Tue ap- thorities upon this pormt say, ‘Tue earth is ouly proper place fully endowed vy nature tor tis purpose, to receive tae organic refuse Of targe cities.” The absorbing puwer of earth varies with tue diferent kinas euployed. Saud aNd gravel possess tue least absorbing power clay Stands Very bigh in raok, Cosi asves Jo sess 20 great absorbing capacity, but they form an excellent material for flung up, Whetner :nue organic matter is five percent or ten | am satia~ fled that it will not prove deleterious to ueaith, provided it is finally covered with earth of @ greater absorbing power. With regard to Hariem flats, we must rememoer that we u ve organic matter bas and that tue disintecti soll has long ago been exhausied, ing these tots we must bear in anind Lnat au addi- tional stratum of sand and earth becomes neces sary. Fear is expressed that whenever excavations are made in this Giled im district iever and disease wiil ensue, is fear is pot uniounded; but we have, nowever, remedies to counteract it, T um stand We have @ wise law on our statute excavations except in the (older the danger ts Reng esl | s) gnt. An DOW approach the question With te this nuisance. ment the measures recommen ded , Which are excellent af ting that these ots be jeem a superiic,'al qT uld be done at once as the summer ovat.) have time to work chemically v0: the surtace, SW. Police Surgeon, Thirteenth district. MILK AND CREAM. 2. WOODKULL & or New. Yors, Brookiyn or F90. jonny ia ice, to any town e Prcee & MOORE'S best certainty ot success. See medical certificates anu opinions, Wholesale and retail of the ufactnre 148 New Soud street, Loadun, W., ana retail of all chemists and storekeepers through: Ye, ntates and Usnada, Savory 001 Rito Digesttve Cocoa, for dyspepulc aw: sd aeiivate per sons of all ages, Mere aatr i ips Pacts { ——