The New York Herald Newspaper, July 13, 1875, Page 8

8 THE COURTS. Insclvent Assignments—Im- portant Decision. Liability of Women in Civil Suits. TAXING TWEED’S COSTS. | _ In the Taylor will-itvigation, on motion of cour. | Bel for Mrs. Howland, Surrogate Hutchings re- | cently granted an order requiring Mr. EK. H. Tracy, | the executor of the will of Mr. James B. Taylor, to show cause why he should not be removed from | bis position for alleged incompetency. Yesteraay | he filed an answer denying the charge oftucompe- tency, amd, on application of Mr. Olinton, an | adjournment was taken to give time ‘for a re- Joinder to the answer to de fied. Judge Biatenford is im town from Newport and | ‘Will attena to motions, &c., for a Jew days, begin- | ming at noon to-day, Gottleib Wilhelm Ludwig Zennegg, the alleged | fugitive forger from Saxony, was committed yes- | terday by Commissioner Waite for an examiua- tion om Monday next, The charge against Zen- negg is that, in Glauchan, Saxovy, he torged the | mames of F. G. Vogel and O:to Fisener to bills of ; acceptance amounting to 6,992 thalers, James Lambert was tried and convicted in Gen- eral Sessions yesterday of petit larceny from the Person, he having on the 28th of June stolen a gold locket and chain from Julius Urwich, in Bayard street, Judge Sutherlana sentenced him to the State Prison for two years and six months, Tne closing argument in the case of Maguire ys. Botildo has been made by ex-Juage Curtis on the Part of the respondent, and Judge Otterbourg has @ischarged the respondent, The charge against ‘the respondent was ltvel, he having alleged that ‘the complainant had been guilty of picking pock- ets, The defence was justification. Ex-Judge Curtis reviewed the Jaw of libel in tms country and in Engiand, clatmed that tne charge was fully Proven and closea with an earnest appeal lor the Mberty of the preas. LAW OF INSOLVENT ASSIGNMENTS. Tre Produce Bank of the City of New York vs. Austin Baidwin, assignee, &c., impleaded with others.—This action was brougat Febraury 6, 1975, by the plaintif, a judgment auditer, by the three defendants, Joseph Morton, Leon Wiel and Al- phonso Wiei, who were heretofore doing business 4a the city of New York, as wholesale china and glassware merchants, under the frm namo of Wiel Brothers & Company, against sald defend. ants and Austin Baldwin, for the benefit of their creditors, to set aside the assignment as void. ‘The mstrument of assignment was made ana re- corded in the office of the Clerk of the City and County of New York, February 4, 1874, pursuant to chapter 343, Laws of 1860. The sehedule or in- ‘ventory, as well as the bonds given by the as- mgnee, were flea in the office of the Clerk ef the Court of Common Pleas, Mruary 29, 1874, although said act required them to be flied in the same office whero the instrument Of assignstion was recorded. Tue edule showed the liabilities of said frm to be $105,000 | and over, and it appears from a statement made by the assignee that the assets have all been re- auéed to money, and amount to less tan $5,000, making a dividend of bus two ana a balf per cent, Buch acomplete failure, taken together with tue fact that over one-kalf of the creditors in value, @s appears trom the schedule, were residents of France, where one of the deb:ors is said to | reside, thus not aimitwng Of any Investigation as | to the correctness of tneir claims, but having to | reiy solely oD the affidavits of the debtors (and a3 the seque! stows no affidavit was ever made), would naturaily create the stispicion that such Assignment was made, in the language of the Statute, ‘with the intent to hinder, de- and deraud creditors.” And thus, the imability of investigating kuowing the correctness of the claims and the honesty of the astignment on the part of the debtors the plaintu? began tus action; and the assignment has been overvrawn on the ounds stated in the !oliowing opinion by Judge reedman @/ the superior Court, in wiicd, also, the remaining facts are given: In Jultand ys. Ratnbone, 39 N. Y., 369, it was heid that after the delivery of an a for the benefit ot creditors pursuant to chapter 843 of the Laws of 180 and before compliance with sections 3 and 3 of said act, the as signee is invested only with an tnchoate titie wai d against creditors, provided that it ‘is the! r perfected by 4 compliance with these sections, Dut tuat in Cause Of failure so to comply she assignments must be adjnadgea void. The asvignee in tals case Wus therefore bound | to cause his bond to be Gied as required by tue third seetion in the office of the Cierk of tne court | ¥ ere ube assigament bad beca re. * corded; this = has bever been cone, Fiuing t% in the office of the Court eof common Peas is not suficiens. 1 am 0 Of the Opinio that tae afldayit attached to the schedule or the inventory of the geutors, | which was fied, is wholly insufficient. Chapter | @00 of the Laws of 1574, amending secilon two of | chapter 348 of tne Laws 01 1$00, does not celp the | as not avatied himselt of its that act does not repeal, but | second se of the act of 1860, a8 comstrued by the Cour: oi Appeals, aud consequently must vé read in connection with in ‘The title of the assignee in tals case mast, the: fore, stand or fall with the better compliance | With the requirements of that section. One of ‘hese requirements is that a certain affidavit aball be made vy every debtor, aunexed to and delivered with the Inventory or schedule. Such aiidavit can only be taken bewre aa officer suthorized to take the same at the ‘time and piace at which it f* taken, The aM@davit in question is dated February 6, 1874, ita Venue is the city and county of New York, the ofllcer who took it subscribed himself “Thomas J, Tiiney, Notary Public, Kiuys county.” It is admitted tmat oo the day named the said Tilney Was not a notary public appointed in and for the city and county of New York, and that bo Dad not flied in the office of the Clerk for the city anc county of New Yore @ certified copy of lus appointmens lor the county of Kings, with his SULograph signature, as required by chapter 807, Laws of 1873. This statute makes such fling a con- aition precedent to the exercise of any function in any county other than tne one for which the | notary ts appolated, and repealed by implication | go mGcR Of chapter 703, Laws o1 1872 as is in con- | t With It. The defects so far pointed out veing suMcient within the decision of the Court of Ap- peals in Juliand vs. Kathpone to reader the | aesignment frandolent as against the plainit, tt | jer the effect of the fling Otlice of te Clerk of the Gommon Pleas, instead of in the office of tue Clerk of the city and county of New York, as re- quired by the sixth section of the act of 1860. The plaintaf is enutied to the judgment prayed for. ARREST OF WOMEN IN CIVIL SUITS. In the case of Duncan, Sherman & Co. va. Hila Raw, otherwise known as Mrs. Katen, the arga- ment on the adjourned motion to discharge the @efendant from arrest on & civil process was resumed yesterday before Judge Barrett, in Su- preme Court Ckambers, ex-Districs Briggs, of W estor county, and Peter Mitcnell, essociate counsel, appearing forthe defencant, and Mr. Fay appeared on venalf of Duncan, Sher- man & Co, Mr. Mitchell, in his argument, insisted fret, shat the arrest of Mrs. Katen was penal in its operation, and that section 179 of the eode must be strictly construed in favor of the aefend- | a ant. Insupport of bis views he cited tue opiuion | of Judge Andrews jn the case of Hathaway vs. Jonnson (66 N. Y., p. 4). His second point the deiendtant the piainuts Was no proof adduced to show had ever exchanged them for bank notes or any other kind of property, and if was only @ an rarpltade, whereas eral reputation for tr compection ne read 1 tea wv MOjRdALS, pud Koad akuAcia 1g a | Tatied to sustain the cuarge, and we theresore dis- | and have since lost $900, If I remain any louger Attorney | thas every presumption of law was in wae 1 NEW YORK HERALD, TUESDAY, JULY 13, 1875,-TRIPLE SHEET, Catef Justice Best’s work on Presumptions. Mr. Pay made a strong and foreible argument to these various points, and at the close of the argument — Barrett wok the papers, reserving wis de- TAXING TWEED’S COSTS. The old case in which James H. Ingersoll and others were implicated with William M. Tweed was discontinued, as will be remembered, on the 6th of April last, upon the aMdavit of Wheeler H. Peckham. This affidavit, in substance, set forth that the defendant had set up no cross-demand or counter claim or claim for affirmative reltef. Judge Davis signed the order of discontinuance, directing payment by plaintiff to the deiendant of the costs Of the action, ‘Ihe new suit against ‘Tweed was then commenced, and Ingersoll was pardoned to oecome a witness. Mr, Tweed’s ovunsel having taken mo steps Lo tax the costs of the ola suit, Mr. Peckham sent them notice that piainilt would do it if they did mot, and invited | them ‘o meet him in the Supri Vourt, Cham- | bers, yesterday. Mr. Peckham accordingly came | terday and waited two hours, bul no | one attended on the part of Tweed, and daaily | Pecknam’s patience was exiausied and ne left in evident disgust, DECISIONS. SUPREME COURT—CHAMBERS. | By Judge Donotue, i Cunninehem vs, Martin,Default set aside, costs of cismigsul vo abide event, planta to pay $10 coats of Oppesing motion, Wulp vs. Rogets.—De/ault opened and cause re- store to calendar for 16in inst. Heffench, 4c., v8, Scnellenberg..—Motion granted. Hugs va Jouuson.—Order graated, SUPREME COURT—SPECIAL TERM. By Juage Van Brunt. Messmore vs. Murua et al.—Jindings and decree | setiled and signed, Aven 78, Fervis et al.—Motion denied, orandum, By Judge Dononue. Lathrop vs. Godirey, &¢.--MoUom denied, memorandum COMMON PLEAS—SPECIAL TEEM. See mem- £ee | By Judge Larremore, Wheeler & Wilson Manusaciuriug Company vs, | Secor Sewing Machine Cowpany.—Judgiens or- Gered for $1,945. Wuheimina Sauter vs. John Sauter.—Roference | ordered to Rear sud report. | Daniel 5. Clark vs, Helen E, Olarg.—Divorce granied; custody of child awarded to plaintif, der of reserence granted to compute amount due. Bailey va, Keep.—application granted, COURT OF GENERAL SESSIONS. beiore Judge Sutherland, SENTENCES, David Witzberger pleaded guftty to burgtary in | the third degree, On the 28th of June he vroke into tne premises of Frank Mahon, No. 26 avenue { | B, and stole $5 werth of keys, He was sent to the State Prison for three years, there being | another indictment against bum for a similar offence, James Maloy pleaded guilty toan attempt at petit lnrceny irom the perso, Tue tneictment charged that on tne 23d of May he stole a silver Watch, valued at $25, the property of William McNamara, A pies of guttty was accepted from Edward En- rignt upon an indictment charging him witn steal- m slver Waich worth $20, pwued by Wiiilam er. ‘These prisoners were each sent to the State | Prison jer two years and six monks, Cuaries Martin, who on tne 1st of this month stole a sliver watch, valued a: $10, Irom Matthew Siverson, pleaded ,ullty to peut larceuy ‘rom the person. Gus Hansman, charged with stealing on the 14th of March $139 in money from George N. Darl, pieaded guilty. ‘These prisoners were each sent to the State Prison for two year. James Anderson, charged with stealing on the 8d of this mouth a gold waton, valued at $4v0, the property of Stephen B. Brague, pieaded guilty to the offence. ‘mere were mitigating circum- stances, whch led His Honor to indict a ugnt punishment, which was oue year’s imprisonment 1m the State Prison, Junio Arreso was tried upon an indictment | charging bum with cutting Micpael Dteto tn tne nead and limbs with a kni’e, on the 27th of last | Jarceny; Same vs. George W. North, grand lar- Rensselaer, executrix, &c., V8. Poole es al.—Or- | i | | | for the hotel keepeis at Brewster's station, on | to grant or refase license! | suir Octoder, ata room in Jersey street, occupied by a number of Itullans. A dispute arose about the | ossession of a stove, Which resulted in a general Rene m whicn tae complainant was stabbed. The | evidence of tne witnesses was contradic:ory, which | Fesulted ma verdict of assault. fis Hohor sent | the prisouer to tue Penitentiary for one year, ACQUITTALS, | Charles Anderson, Walter Kashleigh and George | Cole were tried upon a charge of stealing three | bags of pepper, valued at $60, oa the 22a of June, | the property of Caleb G. Coliins. The evidence was not sufliciently strong to convict them, and | the jury rendered a verdict 0i not guilty, | James Robinson and Joba Ostes (boys), were | cbarged with ourgiariousiy entering the premises | o! William J. Cole, on the 21st of June. There was | No prool that the youths broke into the house or | stole anything, and the jury was instrucied to a@cguit them. TOMBS POLICE COURT. Before Judge Duty. THE ABDUCTION CASE DISMISSED, Jndge Duty yesterday gave his decision in the case of Lizzis Kohiman, of No. 6 James strect, | charged with baving abducted Mary Gorman, an | Irish girl, Tne Judge stated thet the evidence missed she complaint, 4 PHILOSOPHICAL INEBRIATE. Gilbert A. Johnson, @ native of the modern Athens, came before the Court and asked to ve gent to the Island for forty days. “Have you been drimking?” inquired Judge Duty. “ Ab, yes, sir,” sadly replied Gitvert, “I rather thiuk Ihave. I came from Boston two weeks ago, | ali the rest of my capital will go, too.” “ What does that comsist of 7 asked the Court. “ Brains, sit; brains,” was the seuteutious answer. “ Well, I'll give you tem days.” “Tbauk Your Honor, Wheo you run for Goy- ernor 1’ Voie for you.” THE EXCISE LAW. Francis Mahady, bartender in the Eastern Rotel, in South sireet, was heia to answer for seliiug liquor ea the saobatn. He gave bail. WASHINGTON PLACE POLICE COURT. Before Judge Wagdeil. HIGHWAY ROBBERY. Bam uei Robinson was arraigned on a charge of robbing Mr. George Thiese, of No, 407 Canal street. On Sunday pight last Mr. Thiese was walking through West Fourteenth strect, and when near Tenth avenue be was approached by Robinson, woo knocked him Gown and ropbed Dim of some small change and @ Silver cross, Rovinson ran of, bat Was pursued by Officer Arm- sirong, Of tue Sixteenth precinct, wuo, alter a Lary Chase, captured him tn Ninta avenus. CAUGHT AT LAST, | Om the night of the 20thof May Mr. William | Green, of No. 247 West Eighteenth street, was walking througn Soata Fith avenue aud he stopped & man on the corner of Amity atreet to ask him the nearest way to the Seven enue cars. While the man was describing to him the route he should take he {eit a tug at bis watel chain aod immediately alter missed hia watch, Toe thief started up Soun Fifth sveous and Mr. | Green followed im quick pursuit, but lis course was interrupted by two other men w | coming down the uvenue and the thiei escaped, Mr, Greea gave @ description of the man who Tropbed him to OMicer Leahy, of the Sixteenth pre- cinet. and oa last Saturaay that officer arrested Kovert Bills, who Was positively idenufed day by Mr. Green as the person he had inet on the corner of Amity street and South Fiitm ave. Rue on the Dight of tae B0sh Of Muy. eid im $2,000, 4 YOUNG DESPERADO, About three o'clock yesterday afternoon Mary 824 West Forty-first street, was walking torough West Thirty-niuth street, mear Ninth avenue, On passing the corner of Ninth avenue turce boys, about fourteen years of age, came up to mer and Ee by the throas, ied & pocketbook one of them caught the little knocked her down and w youn, ‘m Dm Wi assault Cad i chase to the turee boys. Joined by Oflicer McConnell, of the oe Ft wis aded wei suerpee Tt ng 4 loaded pistol, snap in Luckily tor th officer it did not explode. 1 brought to the scation the prisoner gave me as Lewis Mobr, and it is said he belongs to @ gang of young thie’ infestt be berhood of Forueth street and Tenth a’ called the Frogtown Bangers. Judge Wand Cominitted young Mobr in $4,0vu, ESSEX MARKET POLICE COURT. Before Judge Smith. AN ALLEGED BURGLAR CAPTURED, On the might of the 8tu of July the premises of John B. Downing, decorator and glider, No, 197 street, were brokem into and two glaziers’ onds, valued at $60, were carriea of. Mr. Downing was informed on Saturday by Mr. Louis Wagner, of No, 908 Sixth street, that be had Vougi, a miagion’s Mame Lom A Wak Domed He was Jane Hodges, about thirteen years of age, of No, | | covery of the proceeds of sale avandoned or captured property may at | any time within two years aiter the sup- pression of the rebellion preier his claim | of the cotion which belonged to him in his own | tion Dow presented, | upon contract of sale made by him ha ma, | continuance of George Dolan on the 9thof July. Mr. Downin; identifiea tne diamond as one of those that ha been stolen from his place, and he procared the arrest of Dolan yesterday by Officer Jonea, of the Eleventh precinct. mith held the prisouer 1M $1,000 bail to answer on a charge Of burgiar; ‘ye FIFTY-SEVENTH STREET COURT. Before Judge Kasmire. AN EX-POLICEMAN HELD AS FOR THEFT. George Thompson, an eX-policeman, was brid for trial in default of $300 bail on @ charge of at- tempting to steal $5 worth of mating, the prop- erty of Abraham HM. Ksineki, of No, 868 Third ave- | nue. The accused left the isiand only a few days avo, where he had been sent for ten days for being druok und disorderly, A TENEMENT HOUSE RoW. Bella Meyor, who assaulted Anna Bruner at No. 404 Last Twenty-third street on Sunday night, and Andrew Bruner, weo shot Willtam Jacops during the sume dimiculty, were arraigne4 and beid to await tae result of the Parties injared. Netther is, however, fatally wounded, WHERE 18 BERGH? An unusnally large number of persons, princi- pally children, have of late applied at this Court for permits to kill vicious doga that had bitten them, Judge Kasmire, in speaking of the matter yesterday 1M court, said that 1t Was an outrage that any Gog snonla be allowed to be at large withous a muzzie, His Hovor said is waa his ine tegtion te Wriie to tae Board of Aldermen to call Attention to te evil, COURT CALENDARS—THIS DAY. SuPneMe CoUuRT—CHawpens—Held by Judge Barrett, -—Nos, 33, 40, 48, 52, 56, 57, 68, 82, 85, $6, 91, 92, LLL, 184, 185, 186, 127, 168, 168, 167, 172, 179, 181, 184. Covrr ov Genrrat Ssstons—Held by Judge Sutheriand.—ihe Peopie vs, Jona Hughes, bur glary; Same vs. Charlies W. Wiliams, felonious as- sault and oat'ery; Same vs, Susan UVanuon, gracd lareeny; Same vs. 1 ey and James Hougnialin, burglary: Same vs. Carole Blank, forgery; Same vs, Patvick H. Mciluzb and Lorenzo Burdo, ‘false pretences; Same vs. John Meflugil, receiving stolen goods; Same vs. Jacques Mon- nals, disorderiy house; Same va, Charies Boyle, petit larceny; same 74. Charles Daniels, graud i ceay; Same vs. Loma Miller and Henry Lachen- meyer, gcund larceny; Same va. George Thomp- bol, false pretences. BROOKLYN COURTS. SUPREME COURT—IFSTING THE RIGHT OF AN EXCISE BOARD 10 REFUSE A LICENSE Belore Judge Larnard. Yesterday application was made by the counsel the Erie line, for &@ mandamus to compel the Put- nam county License Board to grant a license to seilliquor. Tbe counsel stated that Messrs, Ab- dott and MacMahon, the relators, Aitted a notel at | an expense of $35,000 and had a license for fii- teen years. Last spring ® petition and a bond to the Excise Board was lurnished, when the application Was returued ladorsea, “This petution not received,” and the Board resolved to graut no licenses in the town of Soutn Kast. Tue counsel held that no Excise Board had twe right to say in | | method adopted will be found replete with all aavance tat tuey Would graut no ucenses. The mancamns was to determine whetuer in the ad- ministration of the law of 1857 tue relators were entitled to: hceuse, in their answer the Commissioners of Excise set forth that veither beiure por after the presen- tation Of the relators’ petiven dia they promise not ‘Taoey Geuiea the apple cation because tkey juaged tt Was not proper to grentit, The rexsons cuatained in the petition Were not suilcient to warrant their granting tue licease. Judge Barnard granted an alternative manda- mus, Cue issue to Ce tried in Putuam county, UNITED STATES SUPREME COURT. UNDER THE CAPTURED AND ABANDONED PROPERTY ACT—THE INTEREST OF A FACTOR | IN PROPERTY CONSIGNED 10 HIM. WASHINGTON, July 12, 1875. In the Supreme Court of the United States the | following opinicns were given:— N ‘The United States appellants, ve. John | L. ‘a—Appeal irom the Court of Claims,— Mr. Justice Strong delivered tie opinion of the Court. ne third section of the act of Congress of | Macch 12, 1563 (i2 Stats, 829), waici aloue author. ized & suit against the United States for the re- of Captured or abandoned property, enacts tuat:—“Auy persoa claiming 10 have been the Owner of any such to tue proceeds thereof tu the Court of Claims, and on proof to the satisfaction of the Court of hig ownersnip of said property, of ais rigut to tue pro- ceeds thereof, and that ne has never given any aid or comfort to the present rebellion, receive the residue of said proceeda, after the deduction | Of any purchase Money which may nave been puid, together With the expense 0: transportation and Baie of said property and other law!ul expenses attending the disposition thereot”” Under this enactmaat the claimant in the Court below sought to recover the proceeds of 493 bales of cotton which were seized by the army of the United States at Savacnah, in Deceiver, 1864, After its seizure tue cotton was turned over to the agents of tne Treasury Departmen! and sold, | and the proceeds of the ‘sale were patd into the Treasury. Of the whole number of baies captured | 196 belouged to the claimant, buc the remainder | he had received as ® cotton factor from various persons, and had made advances teereon in money Of the Coniederate States. The aggregate of these advances wag $51,153 11. It aces not appear from the fuding of facts who these diferent owners Were, how much had been advanced to | each, or what was the value of the advances in money of the United States. Upon tuis staie of facts the Court of Ciaims gave Judgient in favor 0. the claunaut, not only for the proceeas of sale Tight, but also for tre entire proceeds of thas which he had received as a factor and upon whica ne bad made advances, Whether this jodgmeut Was correct ou such @ state of iacts 1s the ques- and the auswer to it must depend upon the antecedent inquiry whether, as to the cotton upon which the ciaic ant pad made partial vances a2 a fact he can be considered the oWmer shereof and ha ing & right to its proceeds within tue meaning of the act of Congress, No doubt a factor who nes | ™ made advances upon goo be regarded, In a limited extent | of bia advances, a8 an owner; yet, in reality, he | has but a liten, with a right of possession of the goods for its security. He may protect thet pos- fessi0n by Suit agalust a trespas-ser upon It, and he may Sell the property to reimburse advances, aining, however, accountable to his cous Signor for any surplus. But aiter all ho Is not the real owner. He is only an auent of the owner for certain purposes, The owner may, at any tume velore his factor has gold the goods, reciatm the posses. sion Upon paying the advances made, with inter. | tand expenses. He hag not lost his ownership , committing the custody of the goods to + ctor and by receiving advances upon them. 1s Still entitied to the proceeds Of any sale which may be made by his agent, the factor, subject to ® charge of the advances and expenses, A tact thereiore, notwithstanding he may nave made a Yunces Upon the property consigned vo him, has bas & limited right. hat right is sometimes called @ special property, but 1 is never regarded 45a general ownership. At most itis no more tian Ownership of a lien or charge upon the prop- erty. Such is unquestionably the doctrine of the common iaw. And there !s notbiag in any statute affecting this case that changes the doctrine. Certainly the statutes of Georgia, whence this case comes, ave nO such effect, In toe Code of that State of 1861, wh is recognized and declared to balances in general accuntand to attach to the proceeds ofsaile of goods consigned as well as to the goods themselves (Code p. 410), there is nothing that declares ke has anything more than @ lien protecied by his jon, Injuries to that possession may, indeed, be redressed by action in his name, and it may be assumed that sui | bus ell 19 perfectly consistent with the general bis consignors until he has made a gale, there 1s @ very siguificant clause in statutes O! the State which shows that a factor there hi not the general property. In section 2,960 of ti article respecting imjuries to personaity generally (Vode of 1861, p. 662), it 18 enacted that “in cas of Dailiaen's, where the possession is in the baile: ® trespace comritted during the existence of bailment will give aright of action to the batlee for the imterierence with his special property and ® concurrent right of action to the batlor jor inter. ference with his general property.” If this applies to the case of bailment to @ factor, as is suppored by the defendant in error, it 18 @ clear declaration that the factor’s right does not extend beyond a special property, @ more right to bold for @ par. ucular purpose, and that it does not amount to ow: ‘ship of the property consigned to him, And there ts nothing in the new code of Georgia or in any of the decisions Of tne Supreme Court that is variant from this. Admit tust a factor mnay Malntatn an action when his possession is dia- turbed, still it 18 9 question what he may recover, Under +i atutes of Georgia he can recover for jury which hi cial property— 8 lien—has sustain For ail beyond t the general owner may sue. The property of that owner is not vested in his factor. If shen it be, a6 was said by the Onief Justice in Kiein’s case, 13 Wall., 128, that the government conati- buted itself the trustee of captured or abandoned Property for the original owners thereof, It ia baid o see how the trust cam for the beneft of the owner of s special property therein beyond the extent of his interest, wiiich, a8 we have seen, in case of & factor, if measured by tno amount of bis advances aud expenses, For ail beyond that, by the law oi Georgia, the original owner who consigned the goods to the factor might sue, aod for that original owner tne fovernmeny became & trustee of all beyond the etor’s interest, according to the doetrine of procee | Capturea | Klein's case 1g Uils Wiaw of toe aoe in hand | however short, 1s clear that the claimant is not the “owner of the” captured “property,” having @ right to the thereof, wituin the meaning of she or Abandoned Property act. He owns of the cotton ed to him nothing but @ lien for bis advances and expenses, and be Is, therefore, not entitled to the entire proceeds of the sate ‘of the property. Is is sald algo that if this be not the correct view then a factor whe has made advances to rebels, no matter how small, bar § recover the whole amount, and ¢! tention of the law may be thus wholly defeate: It is further said that if this be not the correct view, then @ factor may recover all that tere may be in the treasury as proceeds, although the government may have a counter claim which would be valid a8 against the owner, aud thus de- big ne claim of the government, vel de THE SCHOOL SHIP ST, MARYS, THE FORTHCOMING PRACTICE CRUISE IN THE SOUND—PEOGRESS OF THE SYSTEM AND GEN- ERAL ROUTINE. The nautical school ship St. Marys, as present anchored off the Battery and commandea by Commander KR. Phythian, of the United States Navy, will start for @ practice cruise in the Sound on the 19th inst, The vessel 1s now in excellent trim and tho em adopted under the auspices of the Board of Edu- cation of training boys for the profession of the sea has so far realized the sanguine ex- pectations of those imterested in its successful operation. Nearly six montis have elapsed since vbe ship first received her complement of stu- dents, and the progress since made in their edu- ertion and training reflects the highest credit on the officers intrusted with the task. They are now tolerably WELL DRILLED AND DISCIPLINED, and, in view of the close attention which has been paid to their instruction tn the various branches 0” the profession, show considerable efficiency. Ind:ed, the experiment may be regarded with general favor, and, although the system 1s defec- tive in some respects, time and experience will assuredly remedy whatever may at the present time seem likely to mar its perfect working. It Must be verne in mind that the institution does not m the most remote degree partake of the eharacter of a reformatory. It is entirely a vol- uotary establishment, and has for its sole object the education of young men for tne s with the consent of their parentsor guardians they are at perfect liberty to leave when they please; but while on board they mast conform to the rues and regulations laid down for their guidance, Row. ever gratifying this may be to the pupils, it will Teadily be perceived tnat such a system cannot at oll times work satisfactorily, since it does not adgord that contro} to those In charge which A DEFINITE PERIOD OF SERVIOB, would undoubtedly give, Still vhere has not been hitherto any serious ground of complaiut, and bopes are entertained that the the advantages long since predicted for it Of the 169 boys first received on board the ship, 103 nowremain. During the past six months twenty. six teft voluntarily, two of them went to sea in Toerchant ships and twenty-nine were dismissed ag Worthless and incorrigible. The boys are kept in excellent order, well housed, well ied and are allowed privileges which they could never hope to expect under any other régime, Liberty ig exteuded to them once @ fortuight and oftener, wié.e the good conduct of tue pupil commends itsell to the officer in charge. THE PUNISHMENT INPLICTED for dereliction of duty is by no means severe, and Oitentimes hardly calculated to impress the puptis With a sense Of that strict discipline which their proper training demands. It has been (uumated In some quaiters that the boys were treated harshly jor uriiling offences, but tie inquiries of a HERALD reporter, yesterday, on board the ship | @t once dissipated any unpleasant idea enter- tained on that point. Several or the pupils were interrogated aa to the method of chastisement imposed, and the UNARimous declaration was that 10 Case Of Infringement of the regulations they were not unduly punished, Indeed, what tuey regarded a3 ube Most severe penalty infiicted in the event ef disobedience of orders was 4 aepriva- Hon 1 libersy or, a8 they cali 1%, being “QUARANTINED” ON BUARD, Some of them are compelied to do extra duty, and when very unraly are jocked up, but in no | case is corporal punishment resorted to, After |, ao incorrigtole youu lad is apt to come toh wenses When 40 hour or so in the “brig,” and he cannot at bear in mind that had he behaved bime seli properly he mever would have got taere., So muca ior the punishment on board the st. Mary's. THE REWARD OF GOOD CoNDvCT, There are eight gun’s crews on board, the first Ana second captains of each being selected for thetr good qualities and apticude for learning, ana to them ts accorded the privileges of extra liberty a8 an induce! & to the Gibers. The cap. tains exerc! @ certain amount of au- thority, and show by their exemplary de- Portment what is is to obey orders, attend to their instructions and Otne: wise meullest an interest in the calling they have adopted, There Taay be some boys en board who desire to leave bust wuose parents are anxious taey shoulda re- main. ‘These cecasioually resors to little devices jn the hope that they may be dismissea aud when Such & motive 1s aisoovered they are properly sub- jected to tue slight punishment already alluded to, THE PROGRESS MADE. Under the instruction of Lieutenants De G. W. De Long and Jaoques, of the Unived S:ates Navy, rapid strides im all the the lads pave mad | Gepartments appertaining to tse profession of & seaman. heir method of teaching has thus far shown excellent resuits, and the forthcoming cruise will doubtless tend to develop the ve y debt features of their six montns’ train- ing. Even vow the pupils are quite expert aloft, and apart ‘rom the sound education imparted to hem in vatious other brancies, such a8 geogra- poe ritainetic, English iiterature and other sim- ar Fudies, suow they have profited well oy the assivaous attention which fas been paid to the main vpject for which the institution was es- ‘abushed. [i is only im its infancy, but may yet resolve itseli ate @ broader and more coipre- hensive scheme for tue turnisning ‘trusty seamen to our merchant marine than can ‘ this silage be expected. Tue St. Mary’s will crise mostly in the Sound during the latter part of July and August, and may then possibly proceed to Newport and Mar- toa’s Vineyard. ‘The officers are Commander Poythian, commanding; Lieutenant Communder, G, H. Wadleigu ; Executive OMeer, Lieutenant De Long, and Lieutenant Jacques Instructor and Surgeon Burieign. Tue vesseiis now a mede! of cieanliness, everything being in the compietest order, Walle tiu# pupils se@m to be in the best of health, cueeriul and ailve to their duties, Is should be added tnat there is yet room for about tuiréy OF Jorvy mere, who will be received on board up to the l7tn inet. Upon appilcation and presenting the required certificates, BROOKLYN POLICE DELINQUENCY. A FEW QUERIES PROPOUNDED BY THE BOARD TO THE SUPERINTENDENT—REORGANIZATION PROBABLE. ‘Tne Board of Commissioners of Police of Brook- lyn have been sorely pressed ever since their ap- pointment by applicants for various positions, Tho Commissioners arrived early at the conclu- sion that they had not the power vested in them to remove officials subordinate to them, except under the letter of the charter. Tne Board isnow democratic, while the Superintendent and the In- spector of Police aro both republicans, Their prospects of retention lie in the interpretation or construction put apon the charter, The Com- missioners held am executive session yes- terday _ forenoon, the Corporation Coun- fel, C. DeWitt, being —_ present. Soon after adjournment the Superiniendent, Mr, Jobn 8. Polk, was handed an order, signed by the Board, requiring bim to !mmediatoly iorwara Board a detailea report of all action taken to by him towara securing the arrest of the persons engaged in the perpetration of the foliowing erimes:— ‘First—The murder of one Hartigan, in Furman street, city of Brookiyn. a—1he attempt to rob the Long Island Savings Bank, in this city. The scenery of Mr. Heaney, the pawnbroker, avent Atlantic a murderous assault committed on Mr, Shute and the atempted robbery of his residence. The full particulars of the arrest of one William BR, Nevins and the name of the magistrate before whom he was arraigned. Superintendent Folk is aiso called upon to re- + the number of robberies commitied si) 1, 1876, apd the precincts in which they touk the amount of property take amount recovered by the police; ti persons arrested charged with steal ames of the officers who made tue arre: ‘The information desired will be iurnished Mr, Folk a8 soon 48 he can overhaul nis recor but he declines to be imterviewed upon the sub- ot by the memvers of the press, ‘ne outside impression is tuat this demand is made with view to reflect upon the efficiency of th partment under Mr. Folk’s superintendency, by ot failures to detect the perpetrators of crime. It may follow that, ander section 14 of the charter, a suecessor to the present In- cumbent can be legally secured. This section provides that — ‘This Board shall have power, in its discretion, on con- ‘of a inetaber of the force tor any legal offence, or vet of duty, or violation of rales, oF neglect or diso- nce of viders, oF incapacity, &c., to punish the pifending party by reprimand or ismissal from the ce. Pending the issue of events there exists much Agitation among the rank and file af the torce and Jaoal nary aanerally, of good and | | Coursen and on Mrs, O’Hura jor her delence of the THE STORY OF A WAIR Passionate Devotion of a Childless Couple to an Adopted Child. KIDNAPPING BY AN OFFICIAL. A Heartless Superintendent and a Treacherous Priest. farm La and, in response to an sata tha: kien. Bu on hamne belore ‘aping fro} owe a aittle g ri wes inning woward away, ‘as FU ies outatretsvea arms aud orying— Jumped irom tu ‘caught her up tn Binteds his ‘wile into. tue sisted wi Eggleston that if he aid not wi hind he must ame in, ty . a wale Honesdale A Country Abandoned to Pre- serve a Daughter. HONESDALE, Pa., Jnly 10, 1875. Four years ago this coming August there was in the Almshouse of Orange county, N. ¥., a bright ttle girl, aged about tour years. She was & foundling, aod her reflaed mould of features and remarkable intelligence gave evidence that she was of no eommon parentage. In the month above mentioned Mrs, Samuel J. Coursen, a lady of a leading family of Suisex county. N. J., was visiting the family of Mr. J. H. Goodale, the Super- intendent of the Orange county poor. While there she saw the child, which was called by the namo of Mary, and formed a peculiar attachment for it. Before she went away sho obtained a gift of the child from the Superintendent, promising to fnd it a good home. It was at frst the {mtention of the lady to take tne walf into ber own family, but ebjectiop being Made to it by other members she gave the child ‘ Boon. “aher the O’faras drove away the ebiid Buke and & @ ber of neigubors staried in parvult, They drove to Cochickon, | vies bony en Keo Laoed nh irection beiore leaving, in whic! P uamsiay a mori a ana its roceeded to Lggieston’s, where the © Parents wore mud demduged its rowwrn, Being Tefused he telegraphed to Father O'Hare at Gov shen :— Mary Jane O'Hara has been stolen and is detained here. What shall we do! Father O'Hare responded—showing that he had been aware of tae Waeresnouts of the child all along, notwithstanding his representations to tha. O'Haras:— Take the child and arrest the thieves, Mr. O'Hara said that ‘the child should not be taken away vale he lived, Lhe story of the O'Haras being told to Burke, and the child cling~ ing to her fosver mother snd douging to be takem back with her, Burke agreed give her g) although both he and bis wife showed greater! affection Jor her. *A quit claim aeea” was drawny up by Mr. G. G, Waller, in which Buri nounced al claim to the Arig oe be parents were again placed in juli po Mr.and hse Ovlara botn kept the most vigl- lant waton over the girl antil they left town and declared that she should never be permitted oat of thetr sight until tuey could secure & pas- sage to Ireland, wuluver they intend to go ex- ressly to be more secure in the possession of toafamily named O'Hara, in Newton, N. J, The O'Hara lamily was in humble circtmstances, but honest, industrious and well thought of. Between Mra, Coursen and Mrs. O'Hara, although there was a wide distinction in their respective social ‘ conditons, @ stroag friendship existed, the latter having long been a faithiul servant tn the former’s family. The O’Haras were cuildless, ana knowing their sterling qualities, and their desire for a cnild to make their home happy, Mra, Coursen placed little Mary tn thetreare, to be to them as their own child, The O’faras at once mani. fested the greatest affection for tne ttle one, and gave it tho name of Mary Jane O’fara. They had her baptizea in the Catholic faith, and tt was 4 common remark among the neighbors that little Mary O'Hara was the happlest child In Newton, She was always clothed a well as any child, and when she was old enough was sent tothe public school in Newton, where she made rapid progress in her studies, Living in Newton were relatives of Mrs, Cour- sen’s husband, Who were not on good terms with ber, The affection manifested by Mrs. Coursen for the child she had brought trom the almshouge and jor ita loster parents was well Kuowm throughous Newton, and in THE PAMILY DIFFICULTIES that tnen prevailed Mrs, Coursem had no warmer defender than Mrs, 0’Hara, who fre- quently gave tne reiatives above mentionea a “piece of her mind.” These relatives were partic ular irlends of Superintealent Goodale, and the people of Newton puc “this and that togetner,” and account satisfactorily for the circumstances that ensued in the case of the adopted child, In the early part of October last Superintend- dent Goodale appeared in Newton, The little O'Hara girl had then been over three years with tts adopted parents, and was at school un the aay Goodale went to the New Jersey village. He drove up to the schoolhouse door, alighted and went in, asking for Mr. A'len, the principal of the school, and that gentleman appeared. Mr. Goodale told him that he had received letters from Newton which stated that the O’Haras were il-treating the child Mary, and that as Saperintenaent of the Orange County Almshouse he had como to take her away. He refused to tell by whom the letters had been writtea, or to show any author- ity for bis statements, and Mr. Alien declared that the alleged letters were false in the information they contained and that the child would be taken away only at Goodale’s peril Little Mary was tn the room which tne Supermtendent had entered, and she Tecegnized him aud shrank away from him at bis approach, During the conversation between Goodale and the teacher they had retired to the hall, taking the child with them, who begged not tobe sent away. Av tue close of the-interview Mr. Allen sent the child back to its room, and closing the door, bade the Superintendent good day and went up stairs. Ad soon as he was out of sight Goodale re-entered the room in which the child was sitting trembiing in ber Class, took her up bodily, deapite her cries ud pitiial appeals and struggics, and carried her ont of the building to nis carriage, Piacing her in that and covering her up with @ lap rove he drove rapidly out of town, and was out of reaon betore the affair had scarcely become knowa ia Newton, WHEN MRS. O'HARA was made acquainted with the kidnapping of the child sue was almost crazed with grief, aud would Bave started afoot for Goshen bat jor the interference of her friends. 1% became the universal opinion at o1 that if Goodale had received ‘ the letters he pro- jessed to Nave received, they were written by the Coursen relatives, wno by the kidnapping ol une child at once revenged themselves on irs. former. So deep was the popalar indignation that & petition was drawn up, sigued by every clergy- mad, Jawyer end promi.ent citizen In Newton, asking for the return of the child and stampin the statements ag to the ill treatment of tue chi 3 /alse in every particular. This paper Was pre- sented to Goodale, who snubbed the committeo Preseating it, and said be nad the child and in- tended to keep her. ll eiforts of citizens of Newton to regain the ciuld or sve ner were una- yailing, ana they finally gave her up, and the affair became no longer one of public interest aud was forgotten, The adopted parents did not ior- get it, however, nor give up their efforts to COVER TH® CHILD. When the efforts made by thetr friends fafled to recover the cilild, Mrs. O'Hara took the case in hand herself, She went to the Orange County Almshouse and begged to have her eid. ne Superintendent toid her thas it was not were, it having been sent out of the reach of the O’Haras, he said, and they would never sce It again. Sh then applied to Father O'Hare, of Gosh Catholic church. he bad been deceived by the irom Newton, and piedged pimself the — clitid, Mrs, U’Bara bome and wWalted in patience t ood of the priest’s pledge. At nis ‘hey gave up their home in Newton al to Middietown, N. He told Mrs. O'Mara th: nen id re! Father O'Hare telling them that they would more liabie to obtain word of whe Kidnapped child there, Both Mr. end Mra, oO § abous the country in all directions, mn 1OOt ANd sometimes aided by friends they met and minds of lost child was the TALK, and every move they made secondary to the purpose of finding her. Tne week before last a young lady of Middletown, who had been teachin; Sehool tn the vicinity of Gosten, hi Mrs, O'Hara's search for tue enil last winter living with a Ara. Murphy, near Goshen, but had been sent som mto Pennsylvania. Mra. O'Hara proceeded at once to Goshea ana found Mrs. Murphy, bat all her tears and plead: could not prevail upon her to dis- close anything im relation to the enild, Iaquiry idited the fact among the bors, ho weve: the ta child answering the Vagg of the lust ks Marpb; had be Peter Burke, somewbere isd pr tagt AB ge ug M alone and unaided pb, ‘al other advic: started at once for Wayne eeunty, to farther Oa Vieir adopted enlic. WALL STREET NOTES. AXOTHER PLUM YOR PACIFIO MAIL-—FORECLOS URE IN NEW YORK AND OSWEGO MIDLAND— A CONUNDRUM IY ERIE, AND A MENTING THA? GIVES It UP, Further negotiations on the part of vhe Pacin¢ Mati Company looking to the extension of theis trade in the Pacificand tne employment of theix large fleet of sidewheel steamers, which huve formed the staple of much of the gossip of the street of late, took definite shape yesterday in the announcement thatthe company had made ar- rangements with the Wellington Coal Mine Com pany, of Puget Sound, British Columbia, for the transportation of their coai to a market; also, fom the supply of the company’s steamers, tho lattes at@ cost at the mine o1 $5 50 perton, This, the company claims, insures them a saying of forty per cent in this item of speculation. It was fur ther stated that a subsidy o! $54,000 had been ob« tained from British Columpia for a mali service between toat colony and San Francisco, The Lon< don Times of June 29 contained the following re« specting THE AUSTRALIAN AND NEW ZEALAND CONTRACTS. The subjoined notice regarding a uew mall contrac with California line of steamers entered into b; ine ef our Australian cojovics bas been sent to us. “The couiract for the New South Wales, New Zealand| ‘rancisco mall service has been concluded be The se: regor, M. P. Bext aad is to be for mn Koos, The tons, With great powe: | dation special y sulted for tue Pacitio. The negonetton on the part of the contractors was conducted by Mesara.| Lawrence, Ciark & Co. NEW YORK AND OSWEGO MIDLAND. The purchasing committee of the first mortgage: | Dondnoldera of the New York and Oswego Mid< land road gave notice that a decree of foreclosure, is to be entered to-day (Joly 13), and that $2,766,000 of the bonds nave been deposited withy the Jordan-Cowdrey Com uittee to participate my the purcuoase of the road. 4 CONUNDRUM IN ERIE, A printed sip, of witch the following 1s 4 copy,’ was extensively circulaied about tne street yes~ terday :— ARIE SHAREMOLDERS invited to meet at room 12, Deimonteo’s, aan and having passenger accomm nt Beaver and William streets, at four o'clock !’. M. th day, to discuss matters relauve to election to-morrow. ‘The Board then to be chosea will, under the act of May 1875, hold office until the last of November, 1878 Itis more important to sclect @ proper Board nowk than before a receiver was appointed. order ERIE PROTECTION COMMITLEE OF LONDON, This was all, No date was attached and no e: Dlanation farnished of the constitution of thi commMsttee, aithougn it was well Known that th origioval Protection Committee nad been formal); | dissolved some time ago. It was remembere ho er, tnat George McHenry, a brother o! James McHenry, had recently organized himsel | Into @ so-called protection ‘committee, and tht | pretentious signature was surm.sed to mean nim, | Which surint-¢, ag the events proved, was correc! | Beyond casual gossip, such as is here noted, bal | litle interest was mauilested in tae call on th street, the German bankers interested im Erie tak. ing pains, however. to repudiate aay connection! With It or its possible object, At four P, M., thi hour appointed for THe MESTING, some Gozen or More brokers, with another dozen,; perhaps, brokers’ clerks and the usual strong res Pportorial representation wuen tue occasion has Spice of mystery in It, nad assembled ia room 12, ) | Deimonico’s, ja response to the call, Sbortlyt after that hour the meeting was caile to order by Mr. Jobn Liviagstoa movin: Mr, Joun Livingston into the oh Mr. Living stone will be recognized as a late contributor the literarure o1 Erie in the recent DUbIOALIOR Of & pampliet devoted to that, one might now. surely say, trite subject. Having taken t! / Mr. Livingston startied the meeting byt! = bouncement that while it had been called at the Instance of certain shareholders in London dig~, satisfied with the present management, it was | 700 LATE TO DO ANYTHING now. Blank amazement shone upon the faces of his audivory in view of this seeming summary wind-up of ® proceeding which bad appeared ta promise great results, and one could aimost note, the unanimous reflection in every man’s mind, If so soon that we are done for, T wonder what we were begun for, This being 4 conundrum and too much for them,’ they gave it op, and some left, Not so Mr. Live ingstou, however, who, having brought these people together to hear lis views on Erie, whether they were worth hearing or not or pointed to any consequence, was not to be disappointed in de. liveriag them, tis remarks at first tal of INCIDENTS IN TUE HISTORY OF ERIE, of which the back flies of the H#RaLD contain faithful reports, 8o that 1t 1s unnecessary to report: What Was said on that head. Coming down to tha Pp t Management and its immediate sor, he stated that in three years the Erte ha been increased $30,000,000, or $10,000,000 @ year, nothing to show for it but some worthiess! aud the return to Messrs, Bischodsheim; & Goldsmith @f $750,000, advanced by them for they military chest of the expedition which capcured: the Grand ne tC House aud drove Fisk and Goud into exile. He then related the proceedings at an, election meeting under the new régime, at which, represented five shares, another g 7 res, & third One siiare and a fourth 500,000 shares. He happened to bite of lunch, and when he that the 100 shares and the one in o tion with the 600,000 shares had passed a series of Tesolutious in tue nawe of tue svockhoiders ap~ jad | all the acts of the previous direction. erring to the Classification wot, he stated that an effort had been made during Mr. Watsou’s ad- Ministration to have that act re-enacted, bus that, through the exertions of Mr. Kvarts and bimself, ting for the English stockhojders, the vill wam efeated in the senate, where it originated. Anotuer effort was made last winter to revive th Classification act in the same bill that provid in the time of holding the-election, | — defeated that, and through bis inter cession Governor Tiiden held over the one car] Deyond the Rr r a to one Of such! oh #0 that the present es10n could not: mseives of provision. Muon more, PROXI£S AND THE TRANSFER BOOKS, id he had a Os hake the sag ver, of advice to present ti ‘Krie poll to-morrow (to-day) ana on 4 share he NOt ao~ for eac! 0 investigation. ae rrived at He day evening, jaded and almost exhausted with w ent eth Ta yews jefere rest- ed to secure knowiedue bouts of tI ronidenee ot Bott ¢ was a hy es from Honesd: but that, as ne aie Or seven cuilaren in tue! iwane uy, (6 Was not likely ib the ont Wi there. The O’Haras deter ceric wat on er mined to visit ‘Burke Burke livu St. Jonn’s Catholic chure Eg. gleston, a livery , 10 drive them to Burl ‘eanes- day nore avory and showed bim Newton papers con! an account of the kidasp; hich enlisted heartily In thetr causo, As th drew neat to Barke’s it was with aifoulty that "Eggleston could keep Mrs. O'Hara in tho wagon, fo Intense was her excitement and suspense. Just before reach- ing the piace We O’Haras were certain that this was tho Burke they were for, by @ persom they met, wi their proxies, an Titre of ‘brie tor years was made 2, A similar state he was not at iiberk rio give, registered as own: be contemplat vote Or proxy offe: rea vingston was fello by rendered the conum ht Sri Ruggles, who cultof solution, He thong! j tbat it was too late to ‘worth noth nize ‘the road was in the hands of a receiver, is tai Feport its condition soon. This for nothing bat taik. Fully impres ith th force and pertinence of Mr. Bopaer, Temarks tho meett rely journ ing re Afier the meeting, when as for the names of th Protection Commi lor whom he was’ act Mr. Livingston gave the name of Mailanee. bat no gthane” “—