The New York Herald Newspaper, July 9, 1875, Page 11

————— THE COURTS. The Erie Railroad and Commodore Vanderbilt in Court. Ex-Street Contractor Brown’s Will. THE KESSLER-SEWARDS CASE ‘The will of John A. Power, the real estate spoo- vlator, who left about $250,000 \o Peter Rice, nis nephew, lately a clerk in the Surrogate’s ofice was admitted to probate yesterday by Surrogate Mautenings, A petition was presented to the Supreme Court some time since by Thomas Magan to cancel a lis pendens, filed in the County Clerk’s office, in the civil proceedings sgainst William M, Tweed, against property on the nortn side of Eighty-third street, near Ninth avenue. The petitioner claims he purchased the property from Mr. Jona McCool, on the Sist of December, 1874, for $16,500, the latter having bought it from the North American Insurance Company, at a foreclosure gale, in 1870. It 8 algo asserted that Tweed had no interest in the property since May, 1870. Tue lis pendens has been cancelled by order of Judge Barrett. The case of William H, Gale, nephew of the wife br Juage Fullerton, againss whom was issued re- cently an order to show cause why he should not be disbarred, came up for a bearing yesterday in the Supreme Court, General Term. Mr. Wiiam A, Beach appeared for him and asked an adjourn- ment on account of the delay in serving the papers and his not haying had time in conse- quence to prepare the answer. He suid, further, Vhat it was necessary for him to consult with Mr, Knox, the partner of Judge Fullerton, who was absent from town, The hearing was nally pest- poned till the next meeting of the Court, on the firat Monday of August next, ‘There was a further examination yesterday be- fore Judge Davis, holding Court of Oyer and Ter- miner, in the case of Robert Wishart, alleged to be implicated in the negottation of stolen and allerea United States bonds, Captain Irving, of the Police Department, and various other wit- nesses were examined, but their testimony was only corroborative of the previous evidence, THE ERIE RAILROAD, ‘The General Term of the Supreme Court, Judges Davis, Daniels and Donobue presiding, rendered seven decisions yesterday alternoon. In the sult brought by tne Erie Rallway Com- pany vs. Cornelius Vanderbilt, the faci# of which have been already fully reported, the Supreme Court, General Term, gave decision yesterday reversing the jpdgment of the lower court, and ordering @ new trial, Judge Donohue writes the prevailing opinion, Judge Lawrence concur. ring, and the dissenting opinion was written by Judge Daniels, The compiaint sets out in sub- stance that in 1868 several suits were brought against the Erie Railway Company fer matters al- leged to be frauds on the company and its stock- holders; that Mr. Vanderbilt Was not nominally a party to those suits and denied any interest in them ; that the complaint 1m the present suit al- leges the settlement of those suits and a payment ofmoney by the company to Mr. Vanderbilt, by which the company was delrauded, and that the complaint offered to reseimd all such contracts and asked that the mone; ecurith turned to the compary, -Tne a rT substantially demes the connection of Mr, Vanderbilt with tue suits or his interest in any of them or the (Pan fears Or payments, The suvstan or fact of the allegations and denialis that the railway company contends, and Mr. Vanderbilt denies, that cervain suits brougnt at tae time to compel the periormance of justice by certain ae- faulting officers to the company, was settled by Mr. Vanderbilt and bis friends by not Lopri the money irom the alleged defaulters, but setting ‘witn them by taking more money out of the com- pany, the latter to settle stock speculations in Which said officers hi d um advantage over Mr. Vanderbilt \s. n his opinion Judge Donohue states that Daniel Drew and ote: @in the ceptroi of the Erie Company as trustees; that Vanderbilt had given wD unlimited order to buy that stock ; that one of the directors of the company, taking advantage Oi @ Clause in she charter oi the company, pro- cured the issue of ponds, which were converted tmto stock and used in filling contracts jor stock sold to Mr. Vauderbil. Judge Donohue says that M Vanderpilt cannot contend’ that such issue was valid; that ié apd those acting with him, fludiog that tne contracts which they haa hoped by taking tock 1B to control the read, were being filled by BtOCK thus issued, Obtained an injanction against Buca issue, asked for relief against the tiustees end ao accoiating to him, After dwelling at h-pygth upon the previous suits and alluding vo the vints raised by counsel, ue holds that the jacts ao not present in law such @ case as will entitle the company to redress, and be then discusses the question o: What right bas a corperation be irauded by the joint acts of trustees and party. His fimal conclusion is clearly shows that the suit sor ti whicli the momey Was paid was settled ia fraud of the company’s rights aml with their a3; that justice requires the refunding of w me, and the facts in the court below are erronevus, hereiore directs @ reversal of the judgment and a new trial. Jude Daniels, in his igor rs opinion, arrives atan entirely different conciusivo, and declares that, under the mostfavorable opinion that can be taken of the facts, the jadgment below 1s cor- Tecty THE KINGSBRIDGE ROAD. ‘The Supreme Court, General Term, gave decision yesterday on the argument im the matter of the opening of Kingsbridge road. Judge Lawrence delivering the epmion holds that the order below should be affirmed on the following grounds:— First, thas 3! is no error im the principle on which the Commissioners acted in making the as- sessment, aad the Court wit! not interfere merely on the ground that the assessment is larger than it should have been, oud the devermination of the Commissioners on the question of value 1s con- closive; second, that tie jurisdictional objections urged by tue appellant ai t Well founded; third, the Central Park Commissioners have ower to straighten tne Kingsbriadzve road; Fourta, the other objections urged cannot bi entertained on the appeal, which only brings up jor review the questions discussed below. The order below to be affirmed, with $10 costs aua disbursements, STREET CONTRACTOR BROWN’S WILL. John L. Brown, formerly street Contractor, who died recently, leaving am estate worth about $500,000, bequeatuod it to Ris widow, Hannah E, Brown, to be aeld by her for life, and then descend to his son John L. Brewn. A contest- ant, claiming to be Mary Ann Brown, and to bo whe present legal wife of the testator, con- tested the will, asserting that her right of dower had been tgnored, and eral of the next of kin of the testator joined in the contest, on the ground that Hannan E., the legatee of the testa- tor, and who claims to be his widow, ned procured the making of the will by tho testator by unduly influencing him while he was of unsound mind, The case came on for hearing yesterday before Surrogate Hutch- lugs and the subseribing Witnesses to the will, Messrs, Thomas P. Fowler and George M. Bayne swore thatthe will ex by the testator, announced it peared to be Im possession of ail faculties and desired (hem to aot a8 witnesses of the paper. It is asserted by the proponents of tne Will that the testator was legally divorced from his first wile before marrying the Woman whom mi his legatee, and that the first wife waived her dower claim previous to the divorce, tn consideration of@sum of money paid her by Une testator. A LAWYER ON THE DEFENSIVE. ‘The hearing of the petition of Coroner Kessler to Qisbar Samuel ». Sewards came before the Gen- eral Term of the Supreme Court yesterday, sudges Davis and Daniels being on the bench. it seems that the papers were served on Mr. Sewards only two days ago, whereas, by the terms or the order, they should bave been served on the ist inst, Mre Sewards was, nevertheless, ready to proceed; but the petitioner desired an adjournment, which the Court denied, Mr. Sewards was represented by Mr. Delano 0, Oalvin, and Coroner Kessier by T. C, Bartlett, The charges a: by Mr, Ke rare that Mr. Sewards, in 1858, while an attorney io Vienna, Austria, was convicted of fraud; that he falsely represented to the General Term, on his admission to the Bar of this city in 1866, ay be was @ ciiiven of the United States, whereas he had only declared nis intentions; thas Pe 4id pel become saturalized NEW YORK HERALD, FRIDAY, JULY ¥, 1875—TRIPLE SHEET. until 1871; and that Bisrés1 name is Schwarz. | Mr, Oulvin read the sworn answer of Mr. Sewards | and aiso produced the records of the Austrian | court, showing that the offence for which Mr, Sewards was convicted was a venial one and in the nature of a contempt of court, he having re- fused to divulge the name of an officer who had furnished him with iniormation in regard toa matter then pending, and that the conviction was afterward wholly vacated and set aside, Among the papers read were also testimonials from di tinguished lawyers in Vienna, approved by t Kar Asseciation of that city, certifying to the ability and integrity of Mr. Sewaras, It turther appeared Im Lue papers that while editing a paper in \ustria Mr. Sewaras assumed his present name in accordance with @ usage of tne littérateur of Austria, and was known as Dr. Samuel Schwarz- ; first used the same title; 0 hid business cards and pap that “Scnwara’”? was disagree the American ear he dropped it and e Wards,’ the pronunciation of which Clos sembles the sound of “schwarz” pronounced in’ German. Mr. Seward denies that he ever falsely alleged that he was & citizen, and states that be graduated at the New York University Law Scuool, and was admitted to the Bar, togetier with his clase, om motion of Proiessor Pomeroy. He avers tbat it Was (he understanding of himself and aise of bis counsel that the then rules of the court did not require law school graduatos to pro- duce prool of citi ; thathe pever attempted such proof, althougn Proje: Pomeroy nad ad- vised him that, having declared his intentions, he Wasa ciliZcu (0 al iBLents and purposes, except voting, and could with propriety commence his practice, Mr, Sewards ootained in the Superior Court a judgment ef $2,300 against Kessler, and he suys ip his affidavit that the = nt proceed- ings Were instituted with & vindictive spirit and for the purpose of coercing him to settle the judgment, Mr Hirseh, Kessier’s attorney, having made »vertures of setuement to nim alter tho order (ad been granied, and promising, in the event Of a settiewent, that the charges would be witudrawo and # public disavowal made, reposition Mr, Sewarus says he declined, choos- ng tO Meet the enarges in Open court. Judge Davis, iu taking the papers, said that the Court, in disposing of the Case, Would disregard waetuer Or not the petition was prompted by malice, but if the overtures were made ted in Lhe affidavit the party making them should be punisned as for contempt of court, The further hearing, with permiselon to put in additional ailuavits, was set down for the next meeting of the Court, THE BRIG MARY CHILTON. The examination in the case in which David Lawson, the mate, and three of the crew of the brig Mary Chilton are charged with running her out of tue harbor of St. Andreas and abandoning her tm the Gulf oi Mexico was resumed yesterday before Commissioner Suields. Captain Syperick, in conciuding his testimony, swore that he had always considered Lawson a good and reliable officer, Wililam H. Harvey, a passenger who was carried off on the vessel, testified that Lawson told him that he was the captain of the vessel and was going to make money by ruuntng ker of; that Lawson re! d to let him go asuore, and that Barrett, one of the crew who ran the vessel out of port, prevented wiiness from endeavoring to steer her back again, The examination was then adjourned until Monday next. DECISIONS, SUPREME COURT—CHAMBERS, By Juage Barrett. Ullmann vs. Maas.—Decree granted. Brown vs. Post.—Upon tne Oling of this petition the plaintiff and receiver may take an order to show Cause why the prayer should not be granted, and all parties in interest can then be heard, Webb vs. Wevb.—Report confirmed and decree of divorce granted to piaintit, In the matter of the receiversbip of the Unttea States Glass Company; Van Schuick ys. Smitu.— Motions grauted. Mullany vs. Freeman,—The report handed up is not that which was asked Jor, By Judge Davis, Megarge vs. Megarge.—Opinion and order granted vacating Judgiment of divorce. SUPREME COURT—SPECIAL TERM. By Judges Davis, Donohue and Daniels. Moody and another vs, Pell.—Judgment re- nd new triai ordered, with costs to abide e t. Opinion by Judge Daniels. Dongias vs. Douglas.—Appeal dismissed, with costs, unless within twenty days after notice of this decision the applicant stipulate to withdraw the notice of appeal and suvstitute le 1t6 place a notice of a motion for 4 new trial, in which event the judgment, as far as it provides for the recov- ery, by the plainuf, of her support and main- tenance out o! the defendant’s property, a) rects a reference to ascertam its amount, versed and a new trial ordered, without costs, Brett et al. vs. The Firat Universalist Society ot Brookxlya.—Jucgment affirmed, Opinion by Judge Donohue, Dinsmore et al. vs Adams et al.—Order amrmea, with $10 costs besides raements, in favor of the respondentsin each appeal. Opinion by Judge Donohue, By Judges Davis, Lawrence and Daniela. In the matter dT the application of the Depart. ment of Pubiic Parks, &c., ior laying out, &c., of Kingsbridge road.—Proceedings afiirmed, with $10 costs besides disbursements, Opinion by Judge Lawreace. ‘Yne Erie Railway Company vs. Vanderbilt.— Judgment reversed and new trial orderéd, with costs to abide event. Opinion by Jadges Donohue and Daniels, Judge Daniels dissenting, BUPREME COURT—SPECIAL TERM, By Judge Van Vorst, Trueauf, &c., vs. Seiddy et al.—Findings and order of reference settied and signed. SUPERIOR COURT—SPECIAL TERM. By Judge Monell. Harrison et al. vs. Lowrte.—Vindings of fact, £c., and proposed amendments settled.—Motion for an extra allowance denied, Memorandum. COMMON PLEAS—SPECIAL TERM, By Judge Larremor Moore vs. Witmark.—Decree ordered, Mackeller vs. McGinnis; McLaugniin vs. Gal- lagher et al.—Applications granted, ‘Allen vs. McLelland.—Motion granted unless de- fendant within ten days stipulate to admt the al- leged services and the value tnereof. ackellar vs. McGingis.—Application granted, repert confirmed, decree granted; allowance of two and a hal; per cent. Paez vs. Stevens.—Reference ordered, Goldsmith vs. Stelu.—Motion denied, Pinckney, excoutrix, &¢., vs. Burke.—Order set- tled, COURT OF GENERAL SESSIONS, hetore Judge Sutherland, SENTENCES, Michael Bowers pleaded guilty to robbery in the first degree. The charge was that on the 3a of this month he knocked down Valentine Weyman in Tompkins street and stole @ silver waten and chain worth $5. His Honor sentenced Bowers to the State Prison for ten years. Jonn G, King, indicted for stealing on the 25th of June @ trunk cortainin, Wearing spparel valued at $32, the property of Jennie Hotchkiss, pleaded guilty to au attempt at grand larceny, Frank Williams pleaded gulity to an attempt at burglary in the third degree. ‘Alexander Annester pieaded guilty to burglary in the third degre T ve named prisoners were eaon sent to the State Prison ior two y and #ix months, STEALING A HORSE AND WAGON. Jonn M, Morrell was tried upon a charge of stealing @ horse and wagon worth $125 on the 17th of June, in West street. It belonged to Albert Wilson, @ fish vender, who stepped into a restau- rant to get some refreshment, When he came out he found the wagon had disappeared, and, upon inguiring, found it im tne possession of the prisoner, aboot a block off. He said he was taking charge of it for the complainant, and in conse- quence of the accumulation of wagons was com- pelled to drive round the corner, ‘fhe jury ron- dered a verdict of guilty with a recommendation to merey. Muschner, who, on the 19tn of last month, ‘el valued Mi stole a trunk contaioing pearing a at 360, the property of Rudolph Vygen, pleadea guilty to grand larceny, ‘A plea ol petit larceny from the person was taken from Haward Warrington, who, on the 2st of Juae, stole $2 60 from Bernard J. Dolan. These prisoners were each sent to the State Prison for twe year: William Lynch and Joseph Manly, who, on the stole a silver watch and chain and a bag, With $24, the property of Unarles D, ee, Dieaded gulity to petit larceny, nna McMullon, who was indicted for at Ing @ quantity of clothing on the s0tn of June, the property of Fraucis McCabe, pleaded guilty to petit larceny. James McGuire, @ boy, charged with stealing boy, soven brass brackets, worth $0, the property of Susangah B, Young, pleaded guilty to petit iar- ceny, prisoners were sent to the Penitentiary Th for mon tus. MAIMING, John Crilly was tried upon an inaictmént charg- ing bim with cutting John Gallagher with a knife on Sunday last, The testimony of the complainant ‘waa, that while passing through Bast Tenth street the accused, Without any provocation, stabbed him with @ knife. On cross-examination Gallagher admitved that he had recently com "from the Pen- itentiary, having been sent there fer larceny, but? refused to tell how many times he had been sent and. The defendant provea by a num- + ctable Witnesses thut he was @ ma- very penceabdle citizen, and with his gang Dia Quang: taab When he Ww ‘track, believing that Gallagner was going to Tob him, be cut bim WIth a pocket kuife which he Was using at the time, The jury rendered a ver- dict of not guilty, HIGHWAY ROBBERY—AN EIGHTEEN-YEAR SEN- TENCE. James G. Twiss was tried upon an indictment charging him with robbery. The complainant, Ewald Bolenius, who kepta wine saloon at No. 207 Hast Houston street, swore that on the night of the 18th of June the accused was in bis place, and left a short time before he did; that on pro- ceeding to his house in Stanton street he was assaulted by Twiss at the corner of Ludlow and Stanton streets, and struck on the head with some instrument, and was robbed of a pocket- book eontaining $180 ands goid wateh and chain Vained at $375, Mr. Solemus pursued Twiss and knocked him down a basement, and, seeing that two men were pursuing him whom he supposed to be friends of the accused, he took the watch from Twiss, but it was broken, He ran toward s home, On the following morning the com- plainant reported the case at the pelice headquarters, and gave a description of 38, Who was arrested two or three after by the detectives. A witoess for the prosecution testified that on that nignt the pris- Qner weutinio @lager veer saloon, with no hav oD, and having & “biue’” eye; that when asked What Was the metter, he replied that he bad knocked ‘heli out of @ feliow on the corner of Ludlow street, He procured a hat and lett. The complainant returned to the scene of the assault and found the hat whicn the prisoner wore and produced it im court, Counsel for the prisoner called & number of Witnesses, who swore that they had known bint a uumber of year: ad that ols reputation ior honesty was good. Twias was ex- amined in his own beialf, and aenied that he had anything to do with the reovery ; but affirmed that the complainant prelerred this charge because on the night of the alleged robbery a woman roobed @ man in his place, and taat ifhe did not have the money restured to the man he (Twiss) would pre- for @ charge against him. Mr. Bolenius was re+ caiXd, and sald there Was not a Word of trata in What the deiendant related. Alter the summing up of Mr, Mott and District Attorney Russell, Judge Sutheriand delivered a clear aud impartial charge, ‘Tie jury deliberated a few moments and rendered a verdict of gulity. His Honor said that it was mere to protect the pubite than to infilct @ severe seatence upon the peng Who, trom the evidence, lind heretofore eeu arespeetable man, thas he sentenced mim eee State Prison for the term ol eighteen e COURT OF SPECIAL SESSIONS. Before Judges Durty, Murray and Smith. The iollowing cases were disposed of yester- day:— James McNamara. for aasault, ft movtn in tne Penttentiary. vid Davids, @ driver in the employ of the Third Avenue Ralload, was finea $20 for driving a horse Unfit tor use, Mr. Bergh, during the prosecution ofthis case, said that he bell d the law gave him power to hold the president of any railroad or corporation responsibie for any such acts of croeity on the part of their employés or subord!- Dates as that charged against tue defendant, and that tn future he would see if he could not pro- duce them tu Court as the proper de‘eadants, Kato Manning got one month for stealing a shaw}, Michael P. flanson was sentenced to six months in the Penitentiary and te pay a@ fine ot $100 tor robbing Charles Judson of $19. Tne robbery oc- curred at No. 28 West Twenty-third street. TOMBS POLICE COURT. Before Judge Otterbourg. © ARREST OF AN ALLEGED GAMBLER, William Fink was held to answer, in default of $1,000 bail, on a charge of keeping a gambiing concern at No, 45 Fulton street, Joseph King, @ waiter, in the employ of Salem H. Wales, of No, 610 Fifth avenus, was arraigned on @charge of attempted grand larceny of a quan- tity of siiverware, the property of his employer. Heid to answer, ESSEX MARKET POLICE COURT. Before Judge Smith. THE OASE OF ATTORNEY LEVY. Counsellor Nathan 8. Levy, who was arraignea in the above Court on a charge of professional misconduct, asks 4 suspension of judgment from the public until a judicial investigation snall be had of all the particulars in the case of M4ry Ehr- mnan, In the other case, that of Jacob Bender, he flatly denies in toto the statement of Bender's wife. @ says he was regularly retained by that lady, ane is prepared to her husband when his trial will be calied on the Special Sessions. He also states that Mr. William Schloss stated.to him that he was he accordingly divided with Mr. Schloss the re- tainer received by him from Mrs. Bender. ‘lo. Judge Smith wiil accord Mr. Levy an examina- en ee it is expected ali the facts will be elicited, WASHINGTON PLACE POLICE COURT. Before Judge Bixhy, ALLEGED ARSON, On the merning of July 5a fire took place in the grocery store kept by Ernest Wemecke, at No, 830 Greenwich street, On that day Wemecke Was arrested by Sergeant Croker, of the Ninth precinct, on a charge of setting fire to the place, and arraigned before Jacge Murray, The prisoner was remanded for eximination. He was brought up yesterday before Judge Bixby. The amdavit of Jacob Van Orden, foreman of Truck No, 6, was taken, who deposed that the alarm was given at thirteen minutes to three e’clock in the morning; that he opened the doors and entered the gro- cery and found that the fire was in the back part of the store on the right band side, He went out- side and met the foreman of No, 3 engine coming out of the cellar with his pipe. Tho latter tola him that the rubbish im the cellar was om fre in a different part of the building !rom that where the fire seemed to originate in the store. In this he was corroborated by Foreman Shaw, of No. 3 engine. George Baer, baker, of No. 66 Horatio street, also testified as to his knowledge of the fire. Palmer, wo lived over th one e the fire was of suspi- cious origin, Judge Bixby did not think the ac- cusing testimony very strong, but nevertheless held Wemecke for further eXamination, LARCENY IN A LIQUOR STORE, Robert Garcia, while drinking at a bar at No, 26 West Third street, met a woman named Mary Atherton, wno lives at No, 22 Bond street, at about half-past eleven Wednesday night. She left, ana Garcia missed $3 which be 1 BI8 Vest pocket. He suspected Mary of the theft, and had her ar- rested by Officer Walker, of the Fifteenth precinct, Judge Sixpy held ber im $1,000 bail for trial, COURT CALENDARS—THIS DAY, SUPREME OOURT--CHAMBERS—Held by Judge Barrett.—Nos. 10, 11, 24, 43, 53; 68, 71, 78, 82, 138, 148, 157, 160, 162, 164, 167. SUPREMS COURT—GENERAL TERM—Adjourned to the fourth Monday in August. UOURT OF GENERAL SESSIONS—Held by Judge Suatheriand.—The People vs, Thomas Hail, vur- ward O’Donuell, burglary; me vs. George Wilsen, burgiary; Same vs, Niel Denehy, felonious assauit and battery; Same vs. Thomas Sprott, felonious assauit and battery; ev: bert F. Boylan, felonious assault and battery; Same vs, William Packenham, felonious assault aud battery; Same vs. Joseph Jerome and James Sorline, gral larceny; Same vs. Mary Broderick, grand larceny ; Same vs. Anton Restel- ler, grand larceny; Same ve, John Conness and James Mahony, Miller, grand larceny; Same ys. Henry Lacken- meyer, petit larceny. BROOKLYN COURTS. OF SESSIONS—THE DELHAN MURDER CASE. Before Judge Moore and associates, A corrse, brutal looking man, John Deihan, was arraigned In the Kings County Qourt ot Sessions yesterday to answer an indictment found against hire by the Grand Jury in June last for killing his wife, Ann Deiha: He is indicted for murder in the second degree. The aecused, who ts # coal cart driver, isa man of very \n'emperate habits and was in the habit of kicking and bratally beating his wife, who was also, it is said, predisposed to periodical sprees. Tho couple dwelt in a miserable attic in the tenement nonse No. 250 Frent street. Karly in June he knocked the deceased down and in the presence of his child, @ boy of ten or twelve years, beat her with a heavy pair of cowhide breaking two of her ribs and injuring her that she died within a week, He wos arrested count WIFE after a stances, te had arrived at the conelusion that the intent to Kill did not clearly appear, and he had, therefore, resolved to accept a plea of mansiaugn- ter in the second degree, Deinan pleaded guilty was remanded to jail and will nienced on Ssturday, The term of imprison- ment will be from four to seven years, BURGLARS PLBAD GUILTY. The two men who were recently arrested for breaking into pe hous» of Mr, O’Fiynn, of Cum- | berland str BH. Mooney and William O, Buok, were arrat berore Judge Moore, yesterday. Mr. Britton, the District Attorney, said that he was perfectly satis- fled, from investigation made by bit, that Buck and Mooney were not in any way connected wita Snute bur, , (ROUEN It was at one time be- Heved that they The prisoners pleaded mullty to burgiary t third degree. They were Fasoanded to jai 10) Lance, also tie attorney lor Bender, and | grand larceny; Sam? vs. Louts | «1 in the Court of Sessions, | BOARD OF ALDERMEN. CORPORATION COUNSEL SMITH'S OPINION ON THR HARLEM FLATS—THE POWERS OF THE BOARD DEVINED—-THER WATER sUPPLY— REPAVEMENT OF STREETS. A reguiar weekly meeting of the Board of Alder, men was held yesterday, President Lewis in the cnair, Nineteen members of the Board were present. Mayor Fulton, of Galveston, Texas, oc- cupied & seat beside Mr, Lewis. OBSTRUCTING SIDRWALKS WITH CARTS. Alderman Morris preseuted a resolution, which Was adopted, as an amendment to an ordinance Passed tn 1566 a8 to the backing of wagons on sile- walks, The present resolation provides that no Wagons will be allowed on sidewalks exeept in cases Where railroad tracks are so near the eurb- stone that it is impossible to back up without Stopping the cara, In mo ease will a wagon be allowed Lo remain more than five minutes, THE REPAVBMENT OF STREETS. Alderman Seery offered a reaolution, which was adopted, directing the Board of Appertionment, Under the law as toa uniform system of pavement in this city, passed by the last Legislature, to ap- propriate $500,000 for such work, im case this “course cannot be taken the resolution directs the Board to apply any unexpended balances in their banda for sald purpose. CORPORATION COUNSEL SMITH ON THE HARLEM PLaTs. The following communication was read from the Counsel io the Corporation:— To THe HONORABLE THE ComMON CounctL:— GeNrLeWEN—I have received a resolution adopted by your houorabie body on the 2d of July inst., requesting By opimion as to the power of your Board 'to pass cer tain proposed ordinances for tae alias of sunken lots in a portion of the city Known as the Harlem flats. Th | resolution reterred fo me refers to four proposed iT ions tor such ordinances, coveriy the follow! tracts :—Lands from | avenue io the Harlem River, between iJssh and Losin lands between Fourth wel nety-siXih to loth street; and Fifth avenues, from lands between ‘Tuird and Fifth avenues, trom lvsth to 09th ~—street; lands trom Third to Fourth avenue, between lsd and 104th streets. These resolutions are accompanied by a letter from the Presi- Gent of the Health Department, dited June 10, 1875, 10 His Monor the Mayor, urging the importance ot their immediate passage; also by a letver trom the Commis- sioner of Puble Works, daced June 10, 1375, to His Houer the Mayor, requesting that such resolutions Tances be submitted fo the Common Coun th a re. Quest for eariy action thereon: also a letter from His Honor the Mayor dated Jane 10, 1576, to the Common Couucil, transmitting the proposed orainances, and recommending shat prompt action be taken upon the saine. The resolution adopted by your honorable body re. cites also that the Board of Uealth bas extraordinar, powers in cases of emergency, but bi Ures to euiorce the filling in’ of the lots referred to in these resolutions, and that the Cowmissioner ot Public Works bas uo appropriation todo this work; and also (iu substance) thats doubt existe whether, if the Com- mon Council should order the wore ip question to bo done, “a legal aud valid assessment on the property benefited can be laid; and then requesis my opinion whether any resolaion or ordinance passed by your Board Mu Cootormity with the recommendation ‘con- tuined in said communications would under the existing laws upon tie subject be Valld: and also whether the Commissioner ot Public Works would at present be authorized, under such a resolution or ordinance, to MCUF RLY EXpeise whatsoever, there being no appro- priation by which the same can’ now be paid. ‘Ihe powers of the Common Council in reference to orderyng the filing up of sunken lands in the city ot jew York are derived trom sections 267, 209, 270 and 271 Of the act of April #, 1613, and from the second section of the act of Vebruary'21, 1824, Under these laws th § FS mon \ onneil is authorized’ to pass such ordinances as it shall from time to time deem negessary and proper for the the filing up aud regulating of any founds wi city of New York that may be suuken, dampen or ua- wholesome, or which the Cominon Vou may doem proper to fill up. or regulate. These laws also provide that the expense of such illing and regulaung by the owners of the lots so flied up or regulated, snd they also authorize the city to do such work atits own ex- pense in the first instance, Under existing laws such expense must he met by the issue of assessment bonds, but is made # lien upon the Jow benefited, and is to be collected from the owners of | such lots in the same manner in which other assess ments for local tmprovements are now collected. ‘The laws above referred to of 185 and 184 are, so far as 1 am aware, in fall force, and I see no reason to doubt that the Common Council has power to pass ordinances for the Alling of the sunxen lands iu question, and thet @ yalud assessinent for the expense of such Diling can be Jaid upon the lots benefited, 1 would however, respectfully suggest tha! ayoid objections which might possibly be mai Proposed resolutions wud ordinances, the same be changed so es to direct and require the ‘owner or own- ers of sald lots to fll in the same. After such a pro- vision in reference to the owner or owners, each resolu tion or ordinance should wen be drawn in the usual manner, reciting that the city deems it necessary, for the inore speedy execution of the work, to do it’at its ownexpense; and, if the Common Council gee fit, di- recting that the work be done by the Commiasioner ot Public Works, in such manuer 48 De deems most tor the interests of the city. T would also respectfully suggest that the resolutions and ordinances ought to previde with greater precision and definiteness as to what amount of filling is to ve done thereunder, Tan resolution transmitted to areas herewith returned. am, gentiemen, yours respectfully oe “E DELAPIELD SMITR, Counsel to the Corvoration, In accordance with this opinion the ordimances in relation to this subject were called up, Lhere are jour of these ordimances, all bearing upon the Gifferent quarters in Harlem, where the nuisances exist, One of the ordinances reads as foilows:— Resolved, That the sunken lands, from Third avenue to Harlem ‘River, between 106th and 108th streets, be filled in Dy contract or in such manner as the Commis. siouer of Pablic Works shall deem best for the interests of the city, under the direction of the Commissioner of Public ‘ks, and that the accumpanying ordinance thereiore be adopted. REPUBLICANS DBFEAT THE ORDINANCES. Alderman Simonson offered a substitute provid- ing has the owners should be directed to Mil in tuose lots, and im cases of faliure on tneir part to ao tne work them the city sould direct it to be cted by contract, erman Purroy—I do not see any necessity whatever Jor the adqption Of this substitaie, it is only introduced for purposes of delay. ry person Knows that the owners would not go to the expense of fillimg in those lots. They had ready ample reason for atteading to 80 Vital a subject ‘hlaerman McCarthy followed In & similar strain Of argament against the outrage of interposing | such an impediment te immediate action. ‘Tne question as to adopting Alderman Simon- son's proposition was put and lost. ‘The ordinance was then placed before the Board for is action and defeated, All the republicans present voted against it, as follows: Nays.—Aldermen Howland, Morris, Robinson, Simon- son, Dene, Soucnworth and Vance. When the next ordinarice on the same subject wage called 0D. Alderman Simonson moved to amend 60 as compel the work to be done by contract. Aldermen Purroy anc McCarthy again entered an eRergetic protest against wis amendment. ‘They stated it would take thirty Gays to advert: | for bids to do the work. We were now in tne middie of the hot seasom, when immediate action was required. ‘Ihe emendment and ordJnance were lost by the same vose a8 belore, ‘The ovner two ordinances were next brought up and the same tactics resorted to by the repuoii- cans 10 secure thelr defeat, a two-tairds vote being required on passage of Measures where ex- penditure of money is invelved, PAYMENT OF CAR LICENSES. id @ resolution request- yraent of licenses. a ppears tuat some $760,000 are now due the city from thig source, ANOTHER ATTBMPT TO PASS THE DOG LAW. The ordiuance in relation to the capturing of dogs during the summer months was agaia called up (or passage, but falicd to secure the requisite number of vu THE WATER SUPPLY. Ordinance No. 333, authorizing the Commissioner of Public Works to lay water pipes, mains and fx- tures, in accordance with laws passed by the last Legislature for extending those facilities was called Up and elicited some discussion. ‘Alderwau Morris ofered & resolution requirin that inquiries be made of the Commissioner oj Pubtio Work: to the probabie amounts re- quired to perform ail this work, and aiso his plang jation thereto, particularly to the work in the annexed district. The ge connection With tais resolution that the Commis- sioner had already some two hundred doliars for the turtherance of this work, and der the jaw could procul wo hundred thousand dollars mere. They (the Aldermen) were there as trnetees Of & savings instivutiou, and be @id not propose to give Commissioner Porter the power | of spending $50,000 withous Knowing what it was apout. Alderman Howland sustained the position taken by Alderman Morris, ‘The yote was then taken on the ordinance, which Was deieated by the republicans. The suo- ject will be brought up again at the next meeting. THE MORNINGSIDE PARK, A communication was received from General Fitz Joum Porter, addreseed to the Mayor, reiative ifand the Board of Aluerimen he work around Morningside Park, the main points of which are as follows The Comptroller bas addressed to the Common Coun- etl, under of June # wit, « commanication in re- Jation to expanses incur: ‘this department in ex. ecution of the ordinance of the Common Council of April 4 uit, directang th and streets bounding (he standing the Comptrolier had beture him at the time the full opinion of counseleto the Corporation, herewith en- closed, advising the that the ordinance of Common Councll was vaild. and only suggosuing that work should not be prowecutea, he concludes tnus:-~ “the Commissioner of Pablo Works has, by his action, contrary to the advice of the legal adviser of the civy, contrary to the whole curreit o! opinion expressed by pi | the late Mayor Hevomever, by the present Mayor, by the Departinent of Public Pa the Depart. ment of Public Works, up to Acceasion to otiee of the present Commissioner, as shown by we late Com- miseioner’s efterts to the jaw on this subject amended—engaged in this work and employed the bor to perform it withous {he authority of law. [ses no way but Wo jeave it to him to deal with the subject as best he can until the Logisiature shall Rive, authority 10 prosecute. this work. f cannot pay these men. The law gives mo no authority to ao it, oF Roney, or m 3 Of raising money with which to do it. ‘he Commissioner of Publ'c Works was fully warned of ¢ dificulty toward which he was drifting before he employed these men.” 1 beg to present the following facts to enable you, and through you, the Common Connell, to Judge whether | my course i imstified, and whether the Comptroller, u i With ($1! knowledze of all the circumstances, bas stated the en im its true light ‘On April £3, 1875, believing, after careful study, that this Department was lawtully empo: by the or- dinance of tue Common Council. wad earaestly solicited by property holders interested, I directed work to be Commenced on the avenue bordering Morningside Park 7 On April 34, a letter received from the Comptroller, ex- pressod “grave doubts whether the Finance Departuent Would be anthorized to raise money to pay for expen ditures on the proposed work on the requisinon of 16 partment of Public Works, if proeeeaed with ander the authority of the Common Couneil.” to the Corpora- stows involved im the execution of this or- 4, I received from the Corporation Counsel Phen munication, » copy of which the Compuolies bad when he wrote othe Common Council, The opinion expreased by, the Counsel to the Corpora. {ios settled the question. Having expressed himself he hud performed his i bf funetions in the premises; he had advised me as to the powers of this department and of the Common Council, and the further questions of policy as w what I suould do was for me to determing only, Tconsidered that { was let neil. 1801 to. the Corporation did, in a iriendly spirit, proceea to make me some sucgestions, which I reeeived in all courtesy and considered with the deference due to them, I reciprocate entirely the friendty spirit in which these suzgestions were made, and should have followed uw it My own sense of duty had not controlled me. he said was ax tollows >— hough I entertain this opinion 1 a0 not see how T gan advise you to proceed with the work at present. There has been, dnquestionably, an honest difference of opinion among lawyers and ottiers as to the effect of the charter of 1878 upon this matter, 1 will involve an expense, as T understand of several nui dred thousand doliars, and is to be paid for by assess: ments upon the property benefited thereby. if this work should be done in 8 manner not anthorized by law the Assessments to be imposed theretor would be illegal, and would, undoubtedly, be vacated, pense of the work this be th:own U partment of Public Works . and the en the city at la Ifthe De he right to do the work without #n ordinance of the C on. Couneil it would, undoubiedly, be compefeat for de! to do it with an ordinance. Whatever powe sessed by the Common Council and the Dep: Pablic Works would, — andoubtediy, into exercise under ordinance, the |, prevent and if the Common Council has the power to direct the work to be done, or the Department of Public Works the right to do it without such orvinance, the assess- ments to be laid for the work would be valid. If, how: ever, it should be dectded tl ihe power to do. th Work was vested in the Dep: tot Public Works, and it should be pertormed by partment of Public orks under the, present ordinance, ne valid assess. mentcould be laid therefor. notwithstanding the “At veems to me, therefore, that, opinion entertamed by me, ‘as above stated, of the Va- lidaty of this ordinances, under all the circumstances I ought to repeat to vou the advice given to the late Mayor Huveimever in tke opinion above reterred to. I accordingly would rexpectiuliy advise you that, before any work is done ip the streets immediately a:\jucent to Morningside Park or streets similarly located, applica- tion should be made to the Legisiacare to passa statute Which should remove all doubt asto the authoriyy under which the work is to be dune.” it was to this friendly suggestion of the Counsel to the Corporation that the Comptroller refers when he purports to state the advice fire by the Law Department, although I submit that as to this suggesiion the Counsel to the Corporation vould hot have been acting officially, and did not assume to be doing so. Ho Was merely ninking a kindly suggestion, having already expressed the official advice of the Law Department upon the only question which was properly belore him. To show that in this matter I have not acted “eon- trary to the whole current of opinion expressed by the Wate Mayor Havemeyot, by tha present Mayor, by the Department ot Pubilc Parks and by the bepartinont of Public Works, up to. the accession of the present Com- missioner,” I’may be permitted to state that your own Opinion ot the Vahdity of the ordinance 1s tully ex- pressed by your approval and signature. In order to remove “all doubts” I had already sub- mitted to you, and you had handed te a member of As- sembly, a bill which was Introduced by him, placing the aventes and streets adjacent to the parkson the same footing as other streets and avenues It was kaown that the act, uf passed, would insure payment to the men then employed on the avenue at Morningside Park, and the Assembly promptly passed itby am almost unanimous voie. Ihe senate, however, perhaps deem ing it supertiuous, never acted upon the bil. I had already removed tany of the men, and when I knew the senate had failed to act the remamder were with- drawn, not becauge Tdoubted my authority to employ them, but because I would not subject them to the nard- ship of waiting and sueing for their hard earned pay. From all that has been presenied it appears that the “grave doubt” of the Comptrolier “whe:her he would be authorized to raise money for tho prosecution of tha work" is based on the snpposition that the courts may decide that the authority of the Park unent to “manage and control” streets and avenues now exiet- Ing, or which may exist, adjoining the parks, embraced the power to regula, grave, curb, gutier, &c., the streets and avenues yet to be made alongside sail parks, and that assessments for work done by the Department of Public Works, under autaority of the Common Coun- cil, would be vacated on the ground that it sould have been done by the Department of Parks. 1 am of the opinion now, as I was at the time that the Commen Council was empowered to direct who should do the work adjacent to the Morniugnde Park, and the Counsel to the Corporation has advised me that in that opinion I am correct, Holding this opinion T had a plain duty to perform, and that was to execute the ordinance of the Common ave! ‘The men employed by this department under that au- thority are, theretore, in fair dealing and in law en- titled to and shoulureceive their pay without furtner trouble ordeiay, They should not now be deprived of their dues earned under the law or be compelied to re- sort to the courts to secure them, nor should the city be subjected to the costs of snits, which, in like cases, have gone against her. and in which, as in this particuiar case, the Counsel to the Corporation has given an official opinion that the city can make no deience, TUE RIVERSIDE AVENUE. Alengthy report irom the Law pommittec was also received relative to the work on Riverside avenue and recommending the passage of an or- dinance authorizing the work. The points of the report were similar in the main to the communi- cation sent in by Cemmisstoner Porter, Oon- sideration of the matter was adjouroed until the next meeting, ane Board adjourned after a three hours’ ses- sion. AMUSEMENTs, 00D'S MUSEUM, Woob's, APTERNOON GUsSIE DE Vosncsr in thd WOMAN OF Tit WORLD. WOMAN OTHE WORLD, THK MOST MAGNL 8 weer , 8 WORLD, sgagerts every n lock by i GILMORE’S BUPsKB BAS f 10 PERFORMERS, . J. LEV. 1 THE WORLD'S GREATEST CORNETIST, will appear every evening in the choicest selections PROGRAMM “T sOLY" = Georee as ONIGHT (FRIDAY) JULY’ 9 4% Romanza, “L) Kelair" “ § Grana Selection. 4 Souy tor Cernet, M Concert Waltz, ‘Kr Aria from “La Juivs Sung by Mr. A 1. Concerto Solo, German Air ("De variauons,, . & Overture, “Scena G Waltz, “Promotionen” 10, Fotki March, "Lovely National air. cntnrdagtiE STAR SPANGLED BANSER.” irday afiernoon, at 2o'clock, Matine ve Music by a Serenade Bard of sclectes Musiniereo” RMee Adunission, “Ocents; private boxes, adtuiitus four. $ The garden is open every other’ atternoon without muste from 2to 6 o'clock. A” delighttul resort. tor led, and children. Admission, 25 cent, Ba Neason \ickets for 10) periormances, $90) halt se. tickets for W pertorma’ . tickets for 0p ees, $20; packuges of twelve OBINSON HALL, Stateenth street and Proadway, Coolest theatre: ventilation periect: popular prices.’ Eighth week aud crownlug success of ROBINSON'S ENGLISH OP RA BOUFFE COMPANY, E Wo —— The great sensation, GIROPLE-GIROFLA, iniroduciog, THE COUSINS AND GRISSETTR in Act2; also the famous Dansante de Ia vie Parisienne in Agta by ladies who are unsurpassed for grace aud eauty. Every evening at 8, Saturday matinee at 2 VENTRAL PARK GARDEN THKODORE THOMAS’ UNRIVALLED SUMMER NIGHTS? THIS (FRIDAY) EVENING, July 9, Overture, * Stege of Corinth” Waltz, “Dreams of Love” moe TO-NIGHT, CONCERTS, ats o'clock. Polonaise, “Struensee” Adaxietto, Sherzo juite, op. 101. March .... Selestions from “Lohengrin Overtare, “Hunyady Laszlo” A ria” , Wiener Fresken’ Saltaretlo . Admi IVOLI THEATRE, Kigath street, between Second and Third avenues. The coolest piace of amusement in New York, and th . » VAUDEVILLE, QOMEDY, VAUDEVILLE, b BViLLE iB, COMEDY, VA VILLE, FARCE GRAND SACRED CONCERT AND V FORMANOK EVERY SUNDAY EVENING, OSTERS, PROGRAMMES, DISTRIBUTION BILLS, Circulars, ‘Tickets; Coupons, Wood Cuts, Litho fraphic Portraits and every variety of theatrical Print ng promptly, neatly and cheapiy done at the METRO- POLIVAN PRINTING BSCABLISHMSNT, — Herala Building. R. DION BOUCICAULT APPEARS IN JULY IN X the California Theatre, San Franch rl he will appear as at Drury Lane {heat TO LEY—THE BOWERY THEATRE, for a term of ye: Inquire, by mail, at Atlantic Ga: OANED PAINTINGS IN AID OF |HE “PEABODY Home,” on exXwibition at Leavitt's art Gallery, 817 Broadway, corner Twelfth street. Ail New York are calling to see BierstadU’s grand new works, “Mount Adaus” and “Golden Sunset,’ Waiker’s ten Battle Pic- tures andoriginals,,trom the Pelegrini Gallery, Florence. Admission 2) cen.s, ARAND MATINEE SOCIABLE—EVERY SATURDAY afternoon and evening, at the Riuk, Sixty-third street and Third avenue; the largest dancing plartorm in the world. AKTILR & BUSH, Managers, __ PIANOF 1 NS, &0. A —FOR RENT—UPRIGHT, SQUARK AND GRAND + Pianos of our own make; also for sale, a number of fine second hand Yianos, in perfect order, WILLIAM KNABs & 0O., No U2 Fifth avenue, above Sixteenth street, 3 BROS, PIANOFORTE WARRROO! nofactory, corner Twenty-first street Second avenue. a fine assortment of first class Pi little used at great bargains. A —PIANOFORTES TO RENT, OF OUR OWN + manufacture; also second hand Pianos. in thor- ough or¢er, for sale, at low prices: by CHICKERING & BONS Ti Kast Fourteenth street, between Broadway ani 7s OCTAVE, FULL, ROUND, HEAVY. ImMost new, $270; reat $3 to $7; double Teat $3, GORDOX & SON, '13 bast BARGAIN. mouldin Teed Organ, ; Fourteenth street, ———-—— PRIVATK FAMILY WILL SELL THEIR ELE gant Decker & Mro.’s Planoforte at asacrifice; @ brilliant, toned 734 octave, richly carved, our round, rosewood case, full agraife, overstrung Piano, ali in rovements, printed ee bill of sale, cost $975, is 7 octave w jor $275; * tool, Co jox for shipping; right Piano, lis. Call_at brown stone private residence No. 47 West 16in between 5th and 6th avs. —FOR SALE, LIQUOR STORES, RESTAURANTS, Groceries,’ Fruit Stores, Meat Markets, Cigar Stores, Tea Stores, Confectioneries. All toilet,’ MITCHELL’ Store Agency, 77 A —FOR SALE, BAKERIES, COMMISSION BAKER- + tes, Confectioneries, Country Bakeries, Country Hotels, downtown Sample Rooms, Lunch Rooms, Crockéry storex Drug Stores wanted, MITCHELL'S Store Agency, 77 Cedar street. A GROCERY AND F&ED STORE—15 YEARS ES. tablished; also splendid downtown Sample Rooms and corner ieton Stores; great bargains. MALONE'S Store Agency, 121 Nassau street. WELL PAYING RESTAURANT IN AN EXOUL. lent business location, close to theatres, for sale at half value; owner leaving City next week. LONG LLOYD, 29 Broadway. A ESTABLISHED STOVE AND RANGE Manufacturing Business Stock, $12,000 clear, over $5,000 net per auuum, for sale or exchange for Brooklyn or near by country Broperty, . A. BLOMQVIST, 180 Nassau streot —FOR SALE. ON AOCOUNT OF OTHER BUST. tA. nese, at No. 142 West irty-third street, a first Class Liquor Store; low rent aad doing @ good cash tr . ims N EXCELLENT BUSINESS.—FRUIT AND FANCY Groceries, weil established and paying $4,000 per annum; must be sold on account of other business; a decided hargain wil, be given to a ready purcheser Apply to N.1. TEMREL, 447 Fultow street, corner Jay res RLY 09) STS. ENTION.—DRUG STORE FOR sale by virtue of chattel mortgage; the élegant Biore 255 Sixth avenue, on Monday, at | o'clock. STLICKLAN D, 36 Beekman atreet, Attorney for Mortwagee. (OR SALE—A FIRST CLASS CORNER 1 R Store, on the west side. with Stock and Fixtures; cost $3.00 to fit up; must be sold. Address M. F, GOLD: SMITH, 366 Third a1 OR SAL 7 lished Barroom 15 Cenire street. ' Inquire on the premises. Fron, BALE THE LARGEST RETAIL (UPTOWN) Soda Water Business in New York city, with Cake Bakery connected, at 10 West tenth street corner sixth avenue. CHARLES J. TLLLFORD. R SALE—AN OLD ESTABLISHED TRA AND GR F'viry Store. situated on one of the best thorourhfarcs iu the city; 111 health of the proprietor the sole reason of sale, Address GKOOERY, Herald office. )OR SALE—THE OLD AND LONG ESTABLISHED POhiguor lore corner Prince and. Sullivan street, Kighth ward; good lease; now doing a good business; Kept by present proprietor Inst 1) years; satisfactory reasons lor selling; best stand in ward, Inquire on premises, i (OR SALE—AN OLD ESTABLISHMD FURNITURE HO edre and Repair Shop, #79 Court street, Brooklyn, yery cheap; owner going to Baro fall capital wanted. Please call; i te. OR BSALE—DREDGING MACHINE AND TWO Seows, barge built; suitable for lighters. Address JAS, HARD, 97 Main street, Peekskill, N. Y. Foe SALE—A FIRST CLASS CORNER LIQUOR Store on Third avenue, well fitted up, doing « business; must be sold this we on account of other business: price $1,000. Call on JOSEPH KOPETZKY, Second avenue, from 4 to 8 P. M, yor SALE—A CIGAR STORE, PIVE YEARS Es- tablished, or the fxtares alot Inquire at NICK. ELSBURG & WINTER'S, 329 Bast Sixth street. OK SAL id HER IN CLIN- ton Market, having establishes inber of years; reason for disposing. death of the late proprietor. A 480 Greenwich street, in the saloon, a POR SAKE TINTORES AND LEASE QF A WiLL, established Fancy, Store; a Wrorth of Ladies’ and Gentlemen's Furnishing Goods: will be soid ° ther) cheap to cash parchaser. (separarely oF tose yon OME EDEL, 107 Bignth «vente. aK HALLS WELL @ Third ave- POR BALE. RARE BOL ANGE tt known Astor Place Ho w York, Inquire ot WALTER D. EMERSON, on mnie s. eK ro SALE.—SAMPLE ROOM NBAR CITY HALL; od chance for barkeeper; only $100 required ; fours Ronn TAM to Pe Address 4. My Horaid office. ny LY, CHEAP—A FIRST CLASS SAMPLE hg Po M1 chy 3 wreet, near Broadway; pro- the city, Room. prietor leaving GOUD PIANO—CARVED L . tave nearly new, $X0; 7 a1 $170; Steinway, chi PORK & (bighth street), near Broadway. BEAUTIFUL PIANO, ONLY $100; A WEBER Pianoforte, seven octave, round corners, carved legs, great suorifice tor cash. J. BIDDLE, 13 Waverley place, near Broadway, EGS, $125; A 4, OC. Organ, $90; 2Ban SON, 23 Clintoa plas PIANO 10 EXCHANGE FOR COUNTRY BOARD.— New, first class instrument can be selected from factory; family consist of gentleman, wife aud three small cliliren, Aadress, with particulars, EXUHANGE, Meraid office. BARGAIN.—ROSEWOOD T-OOTAVE PIANO, round corners, garved case and legs, modern im? cl Provements, made by ‘gn & Bradbury, $10, 143 Bast ‘Seth st., between 2d and 8. A LADY WILL SELL AT A SACRIFICE FOR CASH beautiful Chickering four round cornered rosewood Pianotorte, carved logs, 7 octave, full iron trame, cost $600, 28 East 3d st, near 2d ay. R&AT BARGAINS IN NEW AND SECOND HAND X Pianos of tho very hest quality, yet low for cast FISCHERS, 423 and 425 West [wenty-cighth street, noar Ninth avenue. N ir interest to obtain estimates from the METROPOLITAN PRINTING ESTABLISHMENT, 418 Broadway, before having their printing done elsewhere RRS OF PIANOFORTES WILL FIND ei TEINWAY’S, WATERS’ AND CHI anos, little used, at great bargains for ca. fl glass 7\ Octave Piano, city make, noc used six, months, for $20). Cail at ouce'on WATKSS & 30NS, 481 Broad- w N GER, FROM ITALIAN A opera, teaches piano and singing, $5 per month uring the summer. at L17 West Twenty seventh street, near —_ avenue, or at pupil's lence for $3 per month, ROGRAMMES, POSTERS, PAMPHLETS, TIUKETS, Press Opinions aud all kinds of Printing for musical conservatories and entertainments are furnished in the most elegantatyle at the METROPOLITAN PRINTING ESTABLISHMENT, 218 Broadway. __..PHE LECTURE SEASON. LECTURE EBYERY NIGHT AT 8 O'CLOCK “Manhood and Cause cf Its Premature Declin the New York Museum of Anatomy, 68 Broadway, be- tween Houston and Blee ts. EVENING LECTURE EVERY AT EIGne o'clock, on “Nervous Debility and Special Dis- eases,” at Dr. KHAN’S Museam, Remember dress, €88 Broadway, n Fourth street, The r and most magnificent museum in the world. Ad: 90 cents, MIRCULARS, TICKETS, PROGRAMMES, POSTBRS, C Pamphlets and ail other Printing for icturers aud readers fone at low Fain V4 the MECROPOLITAN PRINTING BSTABLISH MENT, 218 Broadway, N. ¥. 5 INSTRUCTION. * THE FRENCH LANGUAGE © or thatot pupils 163 West Twenty- PROFESSOR AL fill give leesons at his residenc at very moderate terms. Address No. fourth street. QCOTCH GRADUATE WISHES APPOINTMENT NEXT S session a8 classical or mathematical master; good reference. Address BRUOK, box 101 Id office, ISHIING GOVERNESS AT NEWPORT.—AN ENGQ- lish lady, of undoubted ability and experience, ri quires a position ; English, Latin, music and drawi Highest reterence. Address Mre. MARKS, Post office, Newpo' do MILK AND CREAM. D, WOODHULL & CO,, 9 TO % NORTH MOORS + sweet—Pure Creain, delivered to any part o: New ork, Brooklyn or Jersey City, and shipped, packed im ice, to any town between Boston and Washington. NEWSPAPERS, \HKORGE FRANCIS TRAIN'S LAST LETTER 170 ¥ Beecher, in TOLEDO SUN, of New York; forty riartling articles; two cents; 1,000 nowsboys and giris wanted. 38 Park row, room 8 RESTAURANTS, Ok SALE (NO BONUS REQUIRED)—A DRESS. Ob Bie ls ai ns, iy 6 location; good esa the cause of leavin: Furniture wit at a fair valuation. mediate y at 100 West Forty-firnt street, JOR KALE AT A BARGAIN TO A CASH OUS. Fo tmer—the Warren House, 168 and 165 Canal stree Containing forty rooms completely furnished, new ful a lodgers: ry handsome barr: , dol yeas. WW. BUTTON, 168 and 160 Canalate Lae DEAL ES COORe R ear OR Lysde for sale or to any rs esta Nand. somely and completely fitted up. Address LIQUORS, Bis Weat Twenty-third street. HE OLD COTTAGE LIQUOR STORE, WITH THREE we Lene, Stock and Pixtares, for $700, tor «ale. Apply corner of Phirty-fith stre Kignth avenue. (Pu GREAT AMRRIOAN LONOH ROOM Is NOW Been at 13 Park row, the cheapest ama best in the ity 4) LEVENTH STRERT, THRER DOOR A” west of BrtWway— Diamonds ‘Watches, Jewel and all kinds of personal Property bought and soli. ROBERT J, ROSBNTHAL, formerly Jackson, of 86 Broadway. __WATCHES, JEWELRY, 40. ——— - TAMONDS, WATCHES, JEWELRY, SILVERWARE, eo eagnt and sold back when desired at a yer mace. GHORGE U, ALLEN, Jeweller, kl hear Fwenty-ninth street. THE MHTROPOLITAN PRINTING KSTABLISHMENT : A _... ” n 218 Broadway, in the Herald Bat 200. Pike, RORCHASE STOCK, TRADE AND Fatont of a light manufacturing busivess of @ staple article nade on contract. Addcess P4OUNLAR BMBARKASSMENT, Herald ofcg TSWELRY, yATOuRS, DIAMOND! 8 AND I kinds of erannal Property Doug sold a CHARLES Ly Lilopoup's Pawabrol ‘Brore. Lis Grand street, near Forsyth,