The New York Herald Newspaper, August 21, 1875, Page 8

THE COURTS A Detective’s Expenses for Bringing an Ex- tradited Prisoner from California. x IMPORTANT TO STOCK BROKERS. ——_--—_—— Interesting Decision as to a Wife’s Personal Property. The Rights cf Infants in a Court of Equity. DECISION IN A BANKRUPT CASE. Tn the cage of Detective Walling’s bill against the county for expenses incurred in bringing a prisoner from California to this city, a decision embracing a very important point was given yesterday by Judge Speir, holding special term of the Superior Court, The fol- lowing is the opinion:— The plaintiff was employed by the District Attorney to execute a requisition made by the Governor of this State upon the Governor of the State of California for the extradition of two fugitive criminals. The District Attorney approved the bill as justly due, which amounted to $902 22, The bill was presented to the Comptroller for payment and refused on the ground that under the law the District Attoraey might recover the amount claimed as a charge agaist the county, but that bis employé could not, With some hesitation, I think the demurrer should be uphek. The relation of employer and cmployé does not exist between the of contract be- When the statute, under doth of the third section, — speaks necessarily incurred,” and’ “moneys expended,” by the ‘District or any county officer it clearly contemplates that the county shal! have the sanction of the official's Oath as (o what constitutes tho “necessity” of the out- lay, If this plaintiff’ bas a canse of action it must arise by ordivary contract between him and defendant he would riot be called upon to prove the necessil the services performed by him. It would be enough that they were performed, The city would be forced to Pay uy charge made by any person other than its oficial oMeers, and consequéntiy without the checks Aud safeguards contemplated by the law, The remedy is against the District Attorney, whose duty itis, I think, to recover himself against the city by taking the necessary steps and farnishing the necessary ev under the statute. Judgment for defendants. IMPORTANT DECISION IN A STOCK TRANSACTION. An important decision was given yesterday by Judge Speir, holding special term of the Superior Court, in the ease of Crost t being a suit growing ont of stock trans: following (s the opinion in fuil.“the facts of th being fully stated therein ;-— ‘The action is brought by the plaintiff against the de- fenaagt, a broker, for an accounting on the purchase of 200 shares of the’ Panama Railroad stock. The only Qoestion between the parties is whether the purchase ‘was joint or several. The defendant claims that he Bought the 200 shares on the 19th of March, 1873, paying $122 50 per share, not jointly but severally, 100 for Bimsolf and 100 tor the plaintiff, and that he ‘gave the plaintiff verbal notice only, He admits that there The Was no entry of the transaction in his books. He says two days after the purchase | he sold bis 100 shares for $124 per sha led the plaintiffs 100 shares until the pani ember following, when he sold out for $90, a g the plaintii with the difference after crediting him with two payments of $500 and $1,500 while the stock was bemg carried. The plaintit claimed the transaction was joint, and not several; that the de- fondant had no right to sell separately, and that e the above payment as ashare of their joint loss, ‘the stock failing, and be having no information that the defendant had sold the 100 shares, etween the parties, It appears, however, pudant rendered a bill 8 the plaintf on the Bist of May, 1873, for the plaintiffs share, adding in- terest and Commission to that dute, stating that the pur- chase was joint and containing the actual interest of each of them in the enterprises An explana- tion of this bill was attempted, but, 1 think, wholly failed, as the salo = made by the defen of 100 shares two days after the purchase co’ ave occurred if the account ren- I think @ broker acting in sucha case in a fiduciary capacity should be able to show from hie booke, when referring to them, not only the purchase, but on whose account, and by whom made, ‘The party reiving upon the trusted action of his agent 18 entitled to this, the best evidence of fair dealing. It is essury to pass upon the question raised by plain- counsel—'‘That no purchase whatever had been made by the defendant of any stock,” and I cannotallow the complaint to be amended in that respect. Nor is it ne- Cessary, in my view of the case, to grant the motion of defendant's counsel to strike out the testimony asked for. The eomptaint must be amended to include the re- covery of the two sums wrongtully paid to the defend- ant. The piamtitf is entitled to recover from the defend- ant the amount of the sums advanced to him, with in- Berest and cost. A WIFE’S PERSONAL PROPERTY. In the euit of Isaac L. Miller, receiver, against Amauda M. Hall, the facts of which have been published fu the Hukaty, Judge Spier, holding Superior Court, Special Term, rendered yesterday the following decis- iou— The plaintiff was appointed receiver on the 4th of No- yembor, 1874, In supplementary proceedings against Amanda M. Sevier on a judgment of Robert S. Ross ainst ber as indorser of a note dated February 23, S74, due November 14, 1874, for $1,123 96. She had | raonal notice of the application for receiver and of is appointment at the time, Other judgments were obtained against her about the same time amount- ing to over $6,000. It appears that Senior, on the 18th of June, 1874, being the owner of a bond and mortgage made by ‘her three sons for $10,000, then past due, assigned the same, without con- sideration, to her daughter, the defendant in thi tion, and on the 22d of June, 1874; the property cov- ered by the mortgage was sold for $16,500 at a fore- Closure sale, had under a prior mortgage of $10,000, which covered the same property, and the defendant became the purchaser, received tho referee's deed and Stil holds the fee. Ment of the prior mortgage, taxes, costs and expenses or foreclosure, wae $5,145 21, which sum was adjudged applicable to the second mortgage, which had been as- , , withouw , to the defendant. ¢ tine the defendant was about to purchase nnder sale of foreclosure of the first mortgage she assigned , d from her mother ‘nt it from merging | to one Hathaway, in order to pr in the fee shenid she purchase the premises | @t the gale under the deeree of foreclosure, and for the further purpose to secure the said Kathaway whatever | moneys Would be required to advance to defendant to | enable ber tw make the necessary payments in the | event of b hase of the premizes at the sale. Tho | referee reps ‘was due and ow b t said sale that the sum of $3,170 52 to said Hathaway by virtue of an as- re r advances made by bim to the de. | fendants, the whole of the surplus money Bubyect to certain expense: ld be paid to him “o shoul account thereof, The question discussed on the trial was whether Mre. Senior was the real owner of this mortgage assigned to her daughter without consideration, The defendant claime that it belonged to the estate of her mother's deceased husband, and testimony was given that although the assignment was executed by her per soually, not as executrix, and contained no written et wae understood by tho parties to be a verbal nd te have been held by the defendant in fact eestate, It clearly appears, I thiuk, that the Mortgage was given to Mrs. Senior os security for the toneys due and coming due under her busband’s will. It has been treated ever since August 3, 1870, the date of the mortgage, by both her and the heirs, a3 her per- | and oral proof showld not now change | sonal prope the legal effect of the va. Richtinger, 6 nord they have made, (Marks Y., 58.) Besides, under the statutes, if the aeeicnment had been in writing, con- taining atruet for the use of the person making tho fame, it Would be void as against existing or subsequent ered The plaintiff must have judgment for $3,140 25, with interest from June 22, 1874, with costs, INFANTS IN A’ COURT OF EQUITY. A decision involving quite an important question was rendered yesterday by Judge Spier in Special Term of the Superior Court. The suit was that of McDonald ve. Frazier and others, and the following is the opinion:— Two demurrers were interposed for account of parties, ‘The complaint i¢ tp equit isete up that John Gor. don, being seized of cert his will gave in trust the income thereof to his daughter, the defendant, Mary Frazier, the wife of Fitz gerald Fraaer, © trustee during her lite, and at her death to apply the net rents and income te tho education and support of her children until they ehould arrive at the age of twenty-one years, when the came should be given and equally divided atnong all her children. It then charges Shot ell the defendants named jo the complaint com bined together to change the title to suid real estate, by certain ngs taken by them under color of law, and otherwise fraudulently and againat the express letter and spirit of aaid will, and without any power, « make and convey the said real estate in fee to the « Mary Frazier, who claims to be seized of tl same by record of title and is in possession; that after. ‘ward the plaintiff, without any knowledge of tho afore faid proceedings of the defendants believing the title to be in therein entered into a contract with tho de- fendants, Fitzgerald Frazier and wife, to iroprove tho | paid real cgtate, and did go improve the same with tho assent and conourrence of the other defendants by the erection of a building thereom, and that there is justly due to the plain for work, labor and material the sum of $12,028, which the ndant refused to pay, after demand made. That at the time of the decease of the said Gordon the real estate was worth $35,000, und That the game is worth since the improyement Whe wim of £410,000, and that olher persons ur eorporh- idence | he | The testimony is | Mra. | The surplus of that sale, after pay- | Nn real and personal estate, by | NEW YORK HERALD, SATURDAY, AUGUST 21, 1875. tions have other claims Must the premises for work and material furnished and done upon the suid building, and are entitled to come in as joint plaintifls and avail themselves of the benefits of auy judgment which may be reeneet im the action. An injunction is asked for restraining the defendants from conveying or mort- gaging the premises and collecting the reuts, and that a receiver be appointed, and that the defendants account with the plaintiff and other claimants, and that the interests of all the defendants be charged with the pay- ment of the claims, and that the real estate be sold under direction of this Court, and that the shares of the defendants be appropriated to the payments of the aforesaid claims, concluding with a prayer for other and general relief, The de tourrers are interposed upon t round that three in- fants, children of Mary Frazier and devisees under the will, are now living amd should be made parties de- fendant. It is quite clear, I think, that these infant children of the trustee and his wife should be made parties to this action. By the will of John Gordon, the common source of title, the trustee is exprossly au- thorized after the death of testator's daughter, who takes a life estate, to apply the net rents issued and profits of both the rea: and personal estate to the education and support of ber children until they arrive at the age of twenty-one years, when the trustee, by the terms of his trust, must convey all the real and per- sonal estate to tho said children, share and share alike. These infant children are not charged with the upaathor- ized and fraudulent acts of the defendant, nor could they be, aud admitting that their vested estate as re- mainder in fee could not be tonched by the br con- duct by the parties charged it cannot be contended that | the provision made for their support and education dur- ing infancy should be put into the hands of a receiver without being represented, The question is not because they are not liable, therefore no claun can be made against them, as contended by plaintiff's counsel. But the ques- tion is, their rights and interests being Oxed by their benefactor under his testamentary act, can those right be interfered with, even by a court of equity without bringing them before the Court? The bare at- tempt by parties who, in fact, are the natural guardians ‘as well as their nearest blood relations to divest infants of their estute, furnishes the best reasons for calling them before a court of equity when an appeal is made to apply a remedy for so great wrong, It is not pos- sible to know what judgment may be finally made, whether the property shull be ordered to be sold aa prayed for, in order to adjust the several interests of all concerned, assuming that the plaintiff shall succeed, I think that no complete determination of this contro- versy can be had unless these children be brought in. The defendants must have judgment on their dewurrer. SUMMARY OF LAW CASES. Judgment was entered yesterday in favor of the Fourth National Bank against the Burlington, Cedar Rapids and Minnesota Railroad Company for $163,640 91, on eleven notes, G. B. Hogoman, cigar dealer, charged with selling cigars without haying paid the United States special tax, was brought before United States Commissioner Stil: well yesterday and subsequently discharged, having paid tho penalty and special tux. Louis Braun, a retail liquor dealer, charged before tho same Commissioner with Violating the Internal Reyenuo | law, was discharged on his own recognizance to appear for examination, David Lubberger, retailer of liquors and. cigars, | charged with @ similar offence, was discharged on Lis own recognizance to appear for examination, DECISIONS. SUPREME COURT—CHAMBERS, By Judge Tappen. Fuller vs. Newcomb.—Mr. James is not satisfactory. Mr. Fuller is not satistactory. Five days allowed for other sureties. Sutton ve, Kittredge et al.—The judgroent or order does not name any specific sum. The defendant is en- titled to have an accounting in this action, and it is so ordered, Motion for contempt denied. Dudley va, The Mutual Benefit Ice Company, &¢.—I | do not think defendants’ title to the stock is impeached. a The surétics are not satisfactory. St. Paul and Pacific Railroad Com- | ; does not appear that the trustees are neces- Motion denied; $10 costs, Alden.—The injunction will be continued | on plaintiff depositing $250 in court, to abide event, | in five days; otherwise denied. | Austin vs. Blauvelt.—Motion granted; $10 costs, to abide event. Kidd ys, MeKenna,—Motion | In the matter of Willis. proof as to whether the whole | Maggod, | Hyman vs, ‘anted, case sent back for r part of sidewalk was Abrabams.—Motion granted; terms will | be fixed on sett ent of order. Hieronymus Ehart ys, Rosina F. Khart.—Report of | referee confirmed and decree of divorce granted from | bed and board, SUPERIOR COURT—SPECIAL TERM. By Judge Spier. Walling vs. The Mayor, &c.—Judgment for defendant. See memorandum. Crosby vs, Watts.—Judgment for plaintiff. See opinion. Roberts vs. White et al.—See memorandum for coun- eel. | Miller, receiver, &c., vs. Hall—Judgment for plain- tiff, with costs. See opinion, MeDonald et al. vs, Frazee et al.—Judgment for de- fendant on their demurrers. See opinion. MARINE COURT-—CHAMBERS Before Judge Joachimsen. Cromwell and others vs. Stamper and others. —This | action is not-on the note, but on the original considéra- | tion. It is averred and admitted that the note has not been paid. I hold this anewer to be a frivolous an- | swer and to be sham. Motion granted, with $10 costs. | Phippany vs. Petry.—An action for board, &c., in a disorderly house cannot be maintained, The motion is granted, with $10 costs. ‘Smal vs, Mathat.—Motion vacating and setting aside | warrant of arrest, with $10 costs to defendant, granted and ordor signed. Maxwell vs. Small.—Motion to vacate order of arrest denied. Order signed. Carter v4. Beekman. —Order to place on calendar, &c., signed. Birch va. Flewellin.—Order of substitution, &c. Winters v4. Navin. —Order of reference. Heyman vs. Navoratzky.—Order denying motion. TOMBS POLICE COURT. Before Judge Duffy. A MERITORIOUS OFFICER. Yesterday morning Detective Dorey, of the Sixth precinct, was standing on the corner of Broadway and | Reade street, when he ‘spotted’? two noted thieves | passing him by. One of them bad a spring overcoat thrown over his arm and the other sinoked a Flor del Fumar and sported a plug hat. The detective imme- diately thought they were on for business and followed | them up Broadway. They entered No, 731, a wholesale | | crockery and cutlery store, and under pretence of buy- | ing some knives, &¢., one of them succeeded in conceal- ing in a large pooket in the inside of his coat, used by | shoplifters and commonly known as a swag’ pocket, | a number of silverplated tablo knives. The dotective | atched them until they came out, and thon asked them what they had been doing. They said they had | been trying to negotiate the purchase of some spoons, “It's too thin,” said the wily detective, as he took the | two back to the store, and there searching them found | on thoir persons $50 worth of tvory-bandied silver- | plated knives. He at once took them into custody, and | in the afternodn they were taken before Justice Duly and held for trial at the General Sessions, Justice Duty complimented Officer Dorey on the tact | and vigilance he dispiayed in making the arrests. The | property was fully identified WASHINGTON PLACE POLICE COURT, Befure Judge Bixby. A DAYLIGHT BURGLARY. William Jobnson, twenty-five years of age, of No | 194 Fast Fourteenth street, was arraigned before Judge | Bixby yesterday on a charge of burglary. On Thurs: day afternoon Detective Keely, of the Detective | | the Eighth precinct, yesterday, charged with stealing $23 from Rose Clark, of No. 183 Varick street. When arrested part of the money was found in her possession. She was committed in $500 bail to answer. ESSEX MARKET POLICE COURT. Before Judge Smith, RECKLESS DRIVING, Yesterday afternoon George Vetter, of No. 151 Clin- ton street, was driving rapidly through Grand street, aud when near Ludlow his horse and wagon ran over a girl named Mary Fallon, aged thirteen, residing at No, 92Chrystie street. The ‘little girl was sevorely injured about the body, and was removed to Bellevue | Hospital, Vetter was arrested, and was held by Judge Smith to await the result of the injuries, BRUTAL ASSAULT. About eleven o'clock on Thursday night two men, named James MoGuiro, of East Thirteenth street, and James Owens, of No. 162 First avenue, became involved in a quarrel on the corner of Essex and Houston streets. During the fracas McGuire struck Owens over the head with a sand club, laying open the scalp, and probably turing the skull, While Owens was lying on the ground insensible MeGuire kicked him about the face and body and did not cease his brutal work till taken Into oustody by Officer Hickey, of the Seventeenth precinct, ‘The wounded man was conveyed to Bellevue Hospital, and MeGuire was committed by Judge Smith yesterday to await the result of Owen's injuries, and also held in $1,000 bail to answer a charge of carrying concealed weapons. FELONIOUS ASSAULT, Thomas Madden, of No. 321 East Ninth street, who was arrested Thursday night for feloniously assaulting Albert Kelly, of No. 141 Avenue C, wasarraigued before Judge Smith yesterday, and committed to await the result of injuries. UNITED STATES SUPREME COURT. ERRONEOUS JUDGMENT—JURISDICTION, Wasuixorox, Angnst 20, 1875, No, 87—October Term, 1874.—Edson '. Stickney, assignee in bankruptcy of P, J. Vanderveer, appellant, t of Ohio, Mr. Justice Clifford delivered the opinion of the Court. Circuit courts have concurrent jurisdiction with the district courts of the same district of all suits at law or | in equity which may or shall be brought by the assig- neo in hankruptey against any person claiming an ad” verse interest in any property or rights of property of the bankrupt transferred to or vested in such assig- neo, or by such person against such assignee, touching any such property or rights of property so transferred to ox vested in such assignee as in the for- mer case, (14 Stat, at Large, 518.) Appeals in such cases may be taken from the district courts in all cases of equity, and writs of error may be allowed from the cir- cuit courts to the district courts in all cases at law ing under that provision where the debt or damages claimed amount to more than $500, provided tho party claiming such appeal or writ of error shall seasonably comply with the conditions set forth in the eighth sec tion of the Bankrupt act. (14 fd., 520.) Cases of the kind may also be removed from the Circuit Court to the Supreme Court if the matter in dispute shall exceed $2,000, if the party appealing shall comply with the acts of Congress regulating such appeals, and writs by error from the Supreme Court to the Cirenit Court. (1 Stat, at Large, 88 I4id., 521, 2id., 244) Appli- cation was made by the present appellant, as such assignee, to the Ihstrict Court of the district where the bankrupt ‘proceedings were pending to determine whether certain pretended liens upon certain described lands belonging to the estate of the bankrupt were id and operative, and that be, the assignee, should be directed by tho decree of the Court to sell the lands and to distribnte the proceeds. Three of the persons made parties respondent appeared and waived the issu- Ing and service of procoss and entered their appearance | in the suit. Besides those, the a appeared and filed an answer, which is under oath, Technically the appellee was not made a_ party to the application, but the petition alleged that he claimed some lien upon the premises and the petitioner denied the existence of any such lien. Re- sponstve to that and to the prayer of the petitioner that all. questions and rights of each and all the parties therein named should be determined by the Court, the appellee, as such respondent, pleaded to the effect’ that the bankrapt, on the 3d of August, 1969, executed a promissory note to John Huss or bearer for the sum of $4,000, and that ho secured the same by a mortguge of the described lands; that he, the appellee, on the 4th ppetice here also of Soptember following became surety for the bankrupt | tocertain national banks therein named, in several Promissory notes, amounting in the aggregate to the sun of $3,260, and that the bankrupt at tho same time delivered to him the sald first mentioned note and the mortgage as collateral security to protect him from his liability, as such surety, and that the mortgage was on tho same day delivered by him to the Recorder, and was duly recorded in the proper county; that he has since been compelled to pay two of said notes, amounting to $2,600, and that he is bound to pay the residue, with accruing interest; and he ayers that no part of ‘the amount so paid by bim has ever been refunded to him by the debtor. Based upon these representations he prays that the whole amount for which he became surety may be deerced to be a lien be oad said lands, Subsequently the assignee filed a re- ply to the answer of the appelice, in which he alleges that the mortgage note and mortgage were made and executed to the mortgagee therein namod without his knowledge or consent, and the assignee denics that the samo were ever delivered to the mortgagee, as ul- leged in the answer, and he avers that he has no knowledge whether the appelloo ever became surety for the bankrupt or whether the morigage note and mortgage were ever delivered to him for the ean represented, or whether he has ever paid anytbing as such surety, or whether any part of said notes is still outstanding against him; and there- fore he, the appellant, denies each and all of said allega- tions, ‘Superadded to such denials he also sets up, im avoidance of the pretended licn of the appellee, that be, the appellee, well knew at the time of such delivery that the debtor was insolvent and unable to pay his great debts, and that the promissory note and mortgage were delivered to him by the debtor in contemplation of insolvency and paokraptey—to wit, within four months before the filing of the petition uinst him under which be was adjudged a bankrupt; and the ap- lant, as such assignee, also charges that the appellee id reasonable cause to believe at the time that the debtor was insolvent, and that he was act- ing in contomplation’ of insolvency and with a view to evade and deftat the provisions of the Bank- ruptact. Proofs were taken on both sides, from which it appeared that the debtor, on the goth of January, 1870, made a general assignment of all his property for eneral benefit of all bis creditors, he being largely insolvent; and the proofs also showed that the debtor was subsequently adjudged a bankrupt in the usual course of proceeding, and that the appellant here was duly appointed assignee of his estate. Enough also appears in the tranecript to warrant the statement that ¢ District Court overruled the allegations of the ansver filed by the appellee and entered a decree that the lien claimed by him as sucti surety was in- operative and invalid, not only for the mount actually paid, but also for the amount for which he, the appellec, as such suret Power is undoubtedly vested in the Circuit Court to re- vise such a decree on appeal, if the appeal ix perfected and taken in ten days, a# provided in the eignth section of the Bankrapt act; but no appeal was ever claimed by the losing party, nor wus any appeal ever allowed by | Instead of that the appellee, on the | the District Court. 30th of Mareh, 1871, filed bis petition of review in tho Circuit Court of the district, requesting that court to | exercise the supervisory jurisdiction which is conferred upon the circuit courts by the first clause of the second section of the Bankrupt act, in which petition be Office, noticed Jobneon and another man, whose | name is unknown, acting im a very eua- | picious manner in’ Twenty-fourth street, near Sixth avenue. He followed them from there to Fiftieth | and between those points they entered into the bascwents of Keveral private houses. Sometimes John- | son would go imand the unknown man wonld remain watching oatside, and at other times the unknown man | would go in while Johnson remained watching outside, At last they arrived in front of the residence of | Mr. Augustus Paine, No. SL West Fiftieth street, and | the detective saw tho unknown man go into the 'base- ment, and after waiting a short time saw that he did not come out again. Tho offieer crossed the stroct to the house mentioned, took Johnson into custody, and on examination found the basement | door open, and the rear shutters barat open, | whereby the other man had made his escape, | On further examination it was discovered that he had taken with him about $150 worth of silver, consist ing of mugs, napkin rings, knives, spoons, ke, | the basement door was securely fastened half an hour | previous to the time of the burglary. Judge Bixby held the prisoner Jolson in $3,000 bail to answer. TOO MUCH CONFIDENCE. | On the 16th of Angust, Henry A. Bowen, a broker, | who says he resides at the St. James Hotel, went into the office of the Brower House and told Mr. Samuel PD, Felter that he wished to pay $10 that he owed there, and tendered a draft, which read as follows ;— New mK, Augast 14, 1875. Me. H. B, Hawnrxs, Room i1, No. 6 Wall stroot Pay to if, A. Bowen, or bearer, Twenty-five dollars, HENRY A. BOW Mr. Pelter, who had some acquaintance with Bowen, took the draft and gave him $15 in change. When it was presented to Mr. Hawkins the following dw gentleman said he had no knowledge of Mr. whatsoever, A warrat night an officer of t Broadway, He was committed in $500 bail to answer, | ALLEGED EMBEZZLEMENT, | George W. Dillman was arraigned on a charge of em- bezzloment preferred by James Casey, furniture dealer, of No, Tenth avenue, Dithman, who has been inthe employment of Casey for the last eight months, ia ac- cusod of collecting about $100, and retaining it, and also of obtaining furniture on credit trom bia employer and | selling it for his own benefit, Dillman, who had made preparations to leave the city, was arrested in the Cen- | tral Park on Thursday night, | He to answer that jowen LARCENY FROM THE PRRBON. | Catharine Grown was arrested by OMicor Gawlor, of | Ellen Devine, Mr. Paine'’s housekeeper, testified that | | clause of was procured, and on Thursday | » court squad arrested Bowen in | this Cc | umiyorsal satisiagHon bbrouglout charged that the decree of the District Court, that the | lien set up in his answer to the original petition waa {noperative and invalid, is erroneous, und he prayed that the finding and decree of the District Coart may be reversed, ed and ret aside, and that he (the peti Uoner), for review, may be restored to all hia just rights. Cireuit Court passed an order that the parties reapond- ent, if they elect to answer the petition of review, shall file the same on or belore the day named in the order, but no answer was ever filed by the respondents; and the parties havimg subsequently been heard upon’ the petition of review, the Circuit Court entered a decrce that the decree of the District Court bo reversed, with | costs, and that the lien claimed by the view, as more fully set forth in the ré titioner in re. cord, is a good | and valid lien upon the premises, Pending the petition of review the = assignee, by leave of 1 Court, filed a plea denying the juriediction | of the Circuit Court to ‘inquire “into the atters in controversy, in tmannor and .form as got forth in the petition of review, but the Circuit Court, notwithetaoding that plea, entered the decree reversiny the decree of the District Coart, and ie assignee tool | an appeal to this court as If thereto authorized by the wet of Congress allowing appeals in cases of equity and of admiralty and of marine jurisdiction (2 Stat, at Large, 2A). procecdings ax tending to show that this Court Jurisdiction to bear and determine the case unde powers conferred by thé Bankrupt act rirst, Because the original pleading in the District Court ts a suit in equity, commenced under the third clause of the socond section of the Bankrupt act, which could | only be removed into the Circuit Court by appeal, as | prov | ided in the eighth section of that se Lhe appeal will vot le from the Circuit Court from the decree of the Circuit Court rendered in & petition of review, fled under the supervisory juris. diction conferred upon the Circwt Cours by the first second section of the said Bankrapt act, Acase—where neither the Circuit Court nor rt have jurisdiction—the Court if the former Court has entered jadgment or decree for the complainant, this Court will’ reverse the judgment and remand the cause with directions to dismiss the suit, And it was so ordered, In ew A GOOD APPOTS Judge Nixon, of the United States District Court, New Jerscy, hes appointed Mr, William Bolville, con of the late Captain Robert C, Belville, to the position of clerk MENT, held in $500 bail | OF Haat court, which was filled by bis fathor for a num ber of years up to the time of bis deceaso, Mr, Betville fan young gentleman of fino attatuments, and a gradu aie of Princeton College, The appointment bas given W Joroaw, Appeal from the Circuit Court for | still remams liable, | Pursuant to the petition of the appellee the | ‘Two principal objections are taken to the | Be- | ‘The drowned boy found upon tho south beach on NEW YORK CITY. { Mad dogs were killed by the police yesterday at No. 17 Moore stroet and No, 321 Wost Tweuty-first street. John Rob, a child of nino years of age, living at No. 44 Marion street, fell from the roof of his residence to | the yard thd received fatal injuries, He was flying 4 kite at the tine he fell. Louis Diehl, indicted for grand larceny by the Grand | Jury of the Coart of Sessions in the alleged swindling of | Obio merchants out of a large quantity of grain, was | | yesterday admitted to bail on giving bonds to the amount of $5,000, Mary Fallon, fiftcen years of age, residing at No. 92 Chrystie street, was ran over yestorday by a wagon be- longing to H. Eggert, of No, 33 Norfolk street, at the corner of Grand and Ludlow, and was severely injured about the head, BROOKLYN. George W. Arthur, who claims to have been illegally arrested, on charge of embezzlement, was honorably discharged by Justice Delmar yesterday. ‘The sinalipox is spreading to an alarming oxtent in Sixteenth ward, Eastern district, and the Sanitary spectors are exerting themselves to Bay its advance. Uni tos Commissioner Winglow yesterday com- mitted William Fresh, of Nos, 9 and 11 Bergen street, to await examination on a charge of keeping an illicit still Several storekeepers on Myrtle avenue were imposed on by a tall, slim man on Thursday evening, who made 8 purchases aud (hen paid them in spurious afty cent currency. John Mooney and Dennis Fitzsimmons were taken into custody by Detective Roche yesterday for stealing $73 from the pocket of Edward Grilln, of President street, near Fifth avenue. They were arraigned before Justice Walsh and committed to await examination. Charles E, Lewena, of No, 208 East Thirty-fifth street, Now York, caused the arrest of Peter Runewall, pro- | prictor of a hotel on the Coney Island road, on charge | of stealing $460 from him on iho 16th of May last. The case was partly examined before Justice Walsh yester- day and adjourned for a week ‘The Excise Commissioners yesterday met and conald ered the gricvances of the Temperance Association, which was represented by Mr. Hail, who gave formal notice of their intention hereafter to move to ask for the revocation of licenses whenever it was proved that liquor had been sold to minors or drankards, A portion of the bulkhead at Martin's stores, about 200 feet long by 40 feet in width, sunk on Thursday evening. The decay of the woodwork ond the weight of the earth was the primary cause of the accident. There was no merchandise on the dock at the time it broke down, The cost of a now bulkhead will be about | $70,000. Justice Walsh yesterday rendored his decision in the | case of the lawyer, John Percy, who was charged with forging signatures to affidavits presented before the Supreme Court. Ho is hold to await the action of the Grand Jury, The prisoner was removed to the jail. Mr, Percy was born in Washington county, in this State, in 1803, ‘The Mayor was yesterday notified by the Deputy Sheriff that the Cowenhoven heirs demanded the sum of $3,027 54 from the city, that being the amount of judgment awarded by the Court for the part of Atlantic ‘avenue seized the day before. His Honor supposed the money must be paid, but it must first go through the Comptroller's hands, The police have been notified of the mysterious dis- | appearance of a young man named William Rowlinson, | | coventeen years of age, who has been missing from bis | ! home, 186 North Ninth street, since last Saturday. He was steady and industrious in'his hubita, and his ab- sence fram home has created fears of disaster in the | minds of Lis relatives. James Wynne was examined on a charge of cutting | Patrolman O'Keeffe on the néck with a razor, on the | night of August 5, at his residence, No. 713 Dean street, before Justice Walsh yesterday. Ho suspected the officer of improper intimacy with Mrs, Wynne, but there was no evidence to sustain that hypothesis. ane was Leld to await the action of the Grand Jury, LONG ISLAND. The large barn of Mr. Heinmels at Flushing was | burned on Thursday, with its contents. The fire was of | incendiary origin, Tho logs is estimated at $4,000. ‘The second generation of potato bugs is now swarm. | ing in the eastern towns of Queens county. While pre- | forring the green potato vines, they may also be found upon tomato vines, egg plants, &c, They have worked | westward as far as Jamaica village. Mrs. John B. Maddon, wife of the late John B. Mad- den, of Long Island city, was before Surrogate Wagner on Thursday, to administer on the estate of ber de- | ceased husband, but the case was postponed until Mon- | day. A suit for divorce was ponding at the death of | her husband. Steps are being taken to purchase the Town Hall at i Jamaica for a court house and jail, It is the opinion of | many that tho building at Long Island City will soon be finished, an appropriation of $100,000 being neces- sary for its’ completion. Jamaica will give its hall at less than cost, and a jail can be erected at a cost of Mr. Charles Smith, of Central Park, whose barn was burned down on Tuesday of last week, has presented a bill to the Mushing, North Shore and Coutral Railroad Company for $1,000, alleging that sparks from the en- | gine on the Patchogue express train set tho barn on fire. | 10 company refuse to pay the bill, and a suit will probably result. A rattlesnake having eighteen rattles was killed near the water works at Humpstead, on Wednesday, by a man in the employ of Mr. R. G. Deitz.. Another large one—probably the mate—was seen, but it made its escape, Itis many years since a rattlesnake has been seen in that neighborhood before, although in some parts of Suffolk county they are found quite frequently. Tho fact becoming known that the Fire Department of Long Island City is at present without 100 feet of availa- ble hose, seven New York insurance companies have determined to withdraw their policies. The Fire Com. missioners at their last meeting having disbanded No, 6 Engino Company, of Blissville, on the charge of destroy- | | ing their house and engine, leaves that section of the | city without resources in case of a fire, There is no cessation of the march of improvement at A. T. Stewart's Garden City. A Post Offico has been established there and Mr, W. R. Hinsdale hos been ap- | pointed Postmaster. ‘The office for the present will be | at the Central Railroad depot. Mr. Stewart has deter- | mined to erect about twenty brick rostdences of good | size upon the broad avenues of this model city, with ail | the modern improvements and furnished in handsome style. | Joe Lawrence, the negro with whom the white woman, Mrs. Denton, consorted at Ridgewood a year or two ago, and who was suspected of having murdered | her two children, is not, it appears, guilty of that crime. | Inquiry reveals the fuct that the children were really placed in the Home for Little Wanderers, in New York, ‘as was stated at the time the accusation was first made against Lawrence, and that hoe have been adopted by respectable families, although for some reason tho cir- cumstances were denied by the managers of that insti- | tution, | Two of the leading residents of Hempstead, Mr. Henry M. Onderdonk and Mr. John Harold, had a little scrim: mage the other day, which has caused considerable ex- | citement and gossip. Mr. Onderdonk 1s an ex-Senator | and the editor of the Hempstead Inquirer, while Mr. | Harold is a retired gentleman, well known as the former secretary of the Qheens County Agricultural Society, | and both are members of the rE of Education. | Through the influence of Mr. Harold, Mr. Andrew J. | Hannas was displaced aa Principal of the public school, | and through the infinence of Mr. Ondordonk he was re- | instated. This caused bad feeling botween the two, and | | when they met at the Post Office they came Orst to words and then to blows. STATEN ISLAND. Large hauls of weak fish were made at the various fishing grounds about the Island yesterday. | The Richmond County Republican General Committee | willmeet on Monday morning at the Union Hotel, Tompkinsville, to* appoint tho time for holding the | primarics, | Phere 1s more trouble in Edgwater in regard to the new village survey. Some of the landholders along Bay sircet talk strongly of calling an indignation mect- ing to protest against it, They allege that thoy have | five or #ix times before had to alter their sidewalks, and | the grades are now, and always havo been, different at | different parts of the street, | | Thursday morning has boen identified as August F. Chatoney, who was drowned by falling from the steamor Arrowsmith on Sunday last, Coroner Len, of Staple- ton, held an inquest, and the verdict was accidental drowning. Mr. Burke, who found the body, was paid the $50 reward offered for its recovery. | Anine year old daughter of Mr, James Henry, of | Gordon street, Stapleton, while walking yesterday morning tn the street, was attacked by a ferocious dog and severely bitten inthe thigh, Mr, Henry inade ap plication to @ justice to have the brate killed, Hun. | dreds of vagrant dogs roam the streets of Edgewater, | yet the authorities have taken no action to abate the | | uiswnee, Tho improvements at the grounds of the Sailors’ Soug Harbor, New Brighton, on the Kill von Kull, are wel under way, They include a sea wali, behind which hore will be considerable filling in and grading. Tho | rounds comprise over 150 acres, with 1,000 foot of onuire property, jmeluding the { Water from, mad —WITH SUPPLEMENT. | Railroad in Jersey City will be completed early next ‘testified that his duties were to take care of the emi- | fell overboard before the captain called to have her | tho cabing and deck were all crowded, and persons were eee buildings, is valued at $1,000,000. Captain Cush i formerly of the celebrated clipper ship Preadnangut, one of the inmates of tho institution, NEW JERSEY. The recent freshets have causeg damages to tho ex- tent of about $30,000 in Easey county. Tho new tannel of the Belaware and Lackawanna spring. All efforts to capture the notorious thief Rudolph, who escaped from the Snake Hill Peniteatiary, have proved unavailing. The new railroad from New York to Philadelphia, via Bound Brook, ia rapidly approaching completion. This line will be several miles shortor than the Pennsylvania railroad, A lively fight for the democratic nomination for Sena- tor is already beginning in Monmouth county, The candidates are George W. Paterson, William H. Hen. drickson and Edwin Hartsorne, with the chances in favor of the first named, Henry,Dougherty, a North Bergen farmer, was thrown out of his wagon on the Hackensack plank road on Thursday night and severcly cutin the head. He was also injured internally, but hopes are entertained of his recovery, A diabolical attempt to wreck a train on the Northern Railroad at North Bergen was mado two nights ago. Large ties were fastened across the track so securely that it required considerable labor to remove them, No clew to the perpetrators has been obtained, The Cascade Bridge on the Erie Railway, which was washed away during the storm of Wednesday night, bas been repaired so that trains can cross, The first pas- Senger train went over in safety yesterday aftornoon. The | company will soon erect an iron bridge at this place. ‘The roads through the upper section of Hadson county have been terribly cut up by the late rains, Por- tions of the highways have in some cases been wholly torn away, impeding travel and doing much damage, Tho newly made portions of the Bull’s Ferry road have suffered most, An enterprising gang of youths have for several days boen engaged in a singular branch of industry—making away with the loaves and milk deposited at the doors of morning sleopers. Officer Gallagher captured one Joseph Hoefiler in the act yesterday, and the calprit was sent to the Penitentiary, : ‘Tho catimate of the census of Hudson county, judging from the returns thus far, show a population of 170,000, ‘The population of Hoboken is about 30,000. The increase in the county since 1870 is 50,000, and since 1860 nearly 100,000, ‘The increase in Jersey’ City since 1870 has been 30,000, and since 1560, 65,000, Constable Karl, of Weet Hoboken, undertook yester- day to arrest Isaac Knapp, the keeper of a small liquor shop at the corner of Cedar and Dubois stroots, on a warrant issued by Justice Crosemano, for having beaten a female named Elizabeth Conklin. Knapp resisted the officer with emphasis, and had to be pulled to the hall of justice, where he was put under bonds to keep the peact THE EMIGRATION INVESTIGATION. A LIVELY SCENE — MR.” ALYORD AGAINST BEING ‘“CHOKED OF¥” UP"—HE THREATENS TO RESIGN. The legislative investigation into the workings of tho Emigration Commission continued its session yestor- day, Mr. Schuyler in the chair, Some of the members | were absent, having gono, it is'said, to Saratoga, to at- tend the meeting of tho Democratic State Central Com- mittee, The first witness examined was Abrabam Clearman, who is cuptain of the night watch at Castle Garden, He PROTESTS: OR ‘*TIED grants and protect them from thieves; he did not recol- lect ever giving shelter at night to persons who were not emigrants; last. full Walter H, Smith, one of the clerks in Castle Garden, solicited from him a subscription toward the election expenses of Bernard Biglin, then a candidate for the Legislature; he gave $5; was never spoken to by any of the Commissioners about this assessment; from 100 to 600 persons are accommodated at Castle Garden nightly; he denied that he had ever told Stephenson that the Commissioners were supporting emigrants beyond tho time allowed by law; the number of night watchmen | was three; he believed that number was insufticient; | sometimes one or two persons not entitled to shelter | might slip in without being detected, but ho admitted | none that were not entitled; Mr. Smith did not convey to him the idea that he hat obtained permission froin | any of the Commissionors to collect subscriptions for | E. J. B. the olection of Biglin; ness would. lose In answer to Mr, Alvord he t for years in the ony ho did not intimato that the wit- is 'placo if he refused to contribute. ifled that he had been ploy of the Commissioners of Chari- ties and Correction; he bad beon assessed every your for political purposes; the Comission was a mixed ono, and the democrats assessed tho democratic clerks and the republicans the republican clerks, Here Mr, Waehuer objected to this mode of question- ing, on the ground that the committee were not thero for tho purpose of investigating the affairs of any com- mission excopt the Emigration Commission. Mr. Alvord—If you don’t desire to have me ask those questions I wish to have it 80 recorded. Mr. Vosbu I move to have them stricken out as r irrelevant, We are willing that Mr. Alvord should ask any question relating to thia commission, but no others, Mr. Schuyler bere ordered the questions to be | stricken out. Mr. Alvord (excitedly)—If I am not allowed to ask these questions I wish’ to have it so appear upon the record, Mr. Wachner—The committee is here to do its dut) according to the resolution of the Legislature by watch we were appointed, Mr. Alvord—I know my duty as well as you do, and if Lam going to be choked off I want to have it known, | During the proceedings of the commiitee there has | boon too much partisanship shown in its examinations, Mr. Vosburg (in an excited manner)—It is false, and the gentioman knows It is false. Mr. Alvord (loudly)—Why, I have been choked off | forty times by you. Mr Vosburg—You have not. Mr. Alvord—I claim that I have been choked off and | tied up all through this investigation, and if this is con- tinued I give notico that I will retire from the committee on Monday. Tam an indepondent, and if I, being in the minority, shall be continually choked of and not al- lowed to endeavor to expose corruption, irrespective of | the question whether it is republican or democratic, I will dissolve uty connection with the committee, The meeting closed in a disorderly manner, Mr. Al- vord declaring that his connection with the investigation | laut ecased. The committee adjourned until Monday morntng. EXCURSION PERILS, CORONER'S INQUEST ON THE MAN WHO WAS | CROWDED OVERBOARD—THE STEAMBOAT COM- PANY CENSURED, At the Brooklyn Morgue yesterday afternoon Coroner Simms held an inquest in the case of August Krumrey, the young man who was crowdod ovorboard and drowned from the Rockaway steamer William Cook, as the boat was passing Governor's Island last Sunday evening, A large number of citizens were in attendance and man- ifested great interest in the proceedings, , Officer Charles Stroble, of tho Atlantic Dock police, was the first witneds, Ho testified:—On August 19, I discovered the body in Battermilk Channel, about | fifty fect from the dock at Atlantic Basin, at fif- teen minutes after five o'clock in the morning; I as- sisted to remove it from between a vessel and the dock; it was brought ashore and taken to the Morgue. HOW A LPR WAS SACKIFICKD, John Mayer testified :—I reside at Weebawken, N. J., and was well acquainted with the deceased, who lived near me; on Sunday last we came together to Brooklyn, took the railroad cars for Canarsiv, and went thence by steamboat to Rockaway; we took tho steamboat William Cook from the latter place for New York; about seven o'clock P. M, deceased foll from the upper'deck into the water; the alarm of “Man overboard” was at once givon, bat the boat proceeded on her way for nearly a quarter of a mile before the lifeboat was lowered to rescue the de- ceased, and this wae done by the passongors ; scarcely had the lifeboat gone half the distance to where the deceasod brought back; there was no management on tho steamer; rhe was loaded beyond her capaetty; I think there must havo been at teast 2,500 persons on board compelled to stand outside the railings and, oecupy tho | small boats besides; these boats were Jasbed on tho | lower gangway; deceased was sober at the time he fell overboard, John Simmonds, of No. 417 West Forty-finst street, Now York, testified:— was aboard the steamboat on 1875, on the return from Rockaway | y; Land two others wore sitting in the | tarboard lifeboat when the steamboat gave a sudden | “Junge,” and deceased lost his balance and fell over- vourd;'as soon im T kaw bit fall 1 gave the alarm, got up and tried to lower the lifeboat; I fonnd one side of the tackle was in six or seven tight knots, and L was three or four minutes unfustening ther ; - TOK STRAMER WENT ON about a quarter of ainile before stopping to make any tempt to rescue the deceased; she then backed w hout half way to the place where the deceased fell overboard ; th sabi Was then lowered with four pas- rengers in there were no Mrlocks in the boat, and this oceasioned another —de- Jay; they rowed about for ten minutes, when the captain came on the bridge and sui Hoist that boat and come on deck; the steamor was crowded to excess, and neither the captain nor the crew offered to give the least assistance toward saving the man’s life; 1 fam of the opinion that if the gear of the lifeboat had been in order, so that I could have lowered it, I could have saved deceased's life; deceased was sitting aft of the paddio wheel when he fell overboard. THE ATEAMBOAT OWNERS CENSURED, The jury, after a short deliberation, rendered tho following verdict:—“We find that August Krumrey came to his death by asphyxia, from falling off the Bieambor! William Cook on ber return from Ratkawae eS to New York, August 15, 1875, and was found at the Atlantig Basin on August 19, and the jury com- suro the owners or lesseos of the steamboat William Cook for their reckless disregard of human fifo in load ing their boat boyond her capacity, and also for uot providing for the better security of passengers in the event of accident. THE CITY POOR. ae DESTITUTION VERY PREVALENT—THE POOK STARVE WHILE THE RICH ENJOY THEM~ SELVES--WORK FOR THE CHARITABLE. Tt is a fact, but one not readily understood by many people, that there is almost as much distress among the poverty-stricken people of this eity at the present time as there was during the hard winter of 1874-5, Every charitable body in the metropolis is applied to daily by twice the number of destitute people that it can help, Mr. Kellock, the Superintendent of Outdoor Poor, for the Commissioners of Charities, confirms tho state- ment that destitution is wonderfully prevalent in thia city at the present titae, It must necessarily be strange to many persons that anybody should want food in the summer, the season of plentifainess, when earth brings forth sufficient to provide for atl people. But a little re- flection will convince every one that there is not only Some reason for distress among tho poor in any summer, but also a method of explaining the extreme destitution which now prevails. In the hot months the rich, fee ing no pain from the weather, being able to hio away from the city to cool watering places, being surrounded by the season's luxuries, and seeing them plentiful om every side, easily lull themselves into the belief that no one can seriously be in want in such a jocund period. Hence they forget, or rather are not impelled to loose the strings of their parses; the charitable associations: are hampered by lack of money, and the poor suffer, But, whence come these poor? They are of a different class from tho distressed people who sock relief inthe winter, Thoy, it may be said, im explanation, could not only be casily relieved by the rich, but they are also, in acertain way, products of the rich. ‘Thoy are the people who, in the winter, support themselves: by ministering to the comfort of the rich, They are the laundresses, the dorhestics with families, the women- ofall-work, who are from time to titno, during all bat the summer months, employed in tho mansions, Compoliod, as they are, to support families from their winter earnings, they have not, when sum- mer comes, money cnough to live upon until the rich have enjoyed the season in the country and have re- turned to their homes. Yet the poor beings can find no work and must, therefore, put thomselves upon the charity of the world, Contrary to all analogy, tn the season when people usuatly feel most at euse and pleased with themsolves, the poor got smallest aid. This summer the class of persons which has been spoken of has had added to it another class of poverty-stricken persons—those men who, through the genoral and w- usual slackness of trade, have Leen thrown out of om- ployment. Tt is needful that those persons who have meant should be aroused to a sense of the fact that o humax being may starve in summer as well—or, perhaps, it would be more proper to say as ill—as in winter. ‘The excursions which are given every few days to the chil- dren of this city help to sustain many poaple whom it has not hitherto been dreamed they beneflted. By taking away the childecn even for aday and feedin; them there is so much of a burden taken off the hei of a family, and if there be any money at all in the coffers of a poor family it is this lengthened for a few days’ longer than it other- would be, Soveral societies which have not hitherto been distributing charitios have now begun the work of aiding the poor, Among these is the City Mission, whose headquarters are at No. 50 Bible House. It is expected that all the societies which are usuuily active in tho winter will ogee 4 begin to lab and it is hoped tbat the rich wilt quickly appreciate the necessity of helping on tha work. If something be not done speedily thore will be more paupers to cure for at the beginning of next wintor than there were in the middle of any ordinary winter. FLOATING HOSPITAL. The following additional contributions have been re- ceived in aid of the excursion fund for destitute sick childven;. bf Fruit dealers’ contribution, through Brown & Beccomb, to pay the expenses of one excur- MOR ae sisi ee ++ $260 Martin Kalbiteisch’s Son: 100 Judge Noah Davis, 25 Stockbridge, Mass. . . . o - 60 Clorks of Winslow, Lanier & Co, and Third Na- SUMED, cio c.ss ssi eseess + McKesson & Robbins, per Re 10 Cash 2 Unde: 2 Frederick A. 9 Infant and kid 0 Goorge D. H. Gillespie, per ‘A, Wiswall: A lady, per George D.'H. Gillespio. Gustav C. H. Frauenstein, per J. P. Solomon. F, V. B, Kiasarn, per Rev. A. Wiswall...... Mrs. Anna Woeroshaffer, per 0. Ottendorfer. J. Gould & Son, per A. Wiswall Harris ©, Childs.. John L. Bremer .. Poor fand of Hinckey, Treasurer . James A. Henderson, W. P. Yallalee. DR. C Militiaman, - Nosnora, No. 5. Hops... res SSRSSSSSESSES SESESsssszeeees sess ra BESenonanS SSSESHASS ons to this fund are earnestly aslicitea and may be sent to the office of Williains & Guion, 63 Walt street, WILLIAM H. GUION, Treasurer, The ceal trade defray the expenses of the eleventle excursion, which takes palee to-day, THE ALDERMANIC SCANDAL, MISS MULLEN VINDICATES O'CONNELL—SWORN STATEMENT OF THE LADY, On next Monday John P. Cox, who made an attempt to shot Alderman Daniel O'Connell, in Brooklyn, will be arraigned before Justico Morse, ‘The acoused, it with { be borne in mind, on Tuesday evening last presented a revolver at O'Connell's head and was about to fire, when a blow from the latter felled him and ho was arrested, Miss Mullen, the sister-in-law of Cox, comes now to the rescue or vindica- tion of O'Connell, and through the counsel of that gentleman mikes a sworn statement, in which sho says:—‘‘I reside at No. 33 York street, in the city of Brooklyn, and have resided there for about two weeks; prior thereto I resided at No, 602 Vanderbilt avenue, am acquainted with John P, Cox, the party arrested for assaulting Daniel O'Connell. He is my brother-in-law, Thave read the statement alleged to have been made by Cox, in which he states, «s a provocation for the assault committed, that O'Connell had ruined me and had ab- ducted mo from my home, which statement is wholly false and untrue, and without any foundation whatever in fact, and Lam unable to account for the strange con- duct of Mr. Cox. I have not seen Mr. O'Connell te bong to htm for six months, and I positively swear that I removed froin Vanderbilt avenue without the knowledge of Daniel O'Connell, and that he never suggested to me anything about leaving Vanderbilt ave- nue, nor did he ever make any itaproper remarks or commit any improper act in my presence, as hia acquaintance with ine was only of a casual nature. The Statements of Mr, Cox are utterly devoid of truth, € have never been to Coney Island with Mr. O'Connolt, nor to any other place lun his company; nor did ho over solicit me to go with him; nor have I had any conversa- tion with him upon tho subject.’* ‘This statement was eworn to before a commissioner of deeds by the lady, who is naturally greatly painod at the aspersion made upon her churacter by Mr, Cox, IMPORTANT DECISION FOR JERSEY CITY, For several years the southern portion of Washington Street, Jersey City, fas been blocked up by a sugae ro fining firm, and all attempts to continue the street to the Central Railroad have been frustrated by Injunc- tions obtained at the instance of said company, A fow weeks ago an indignation mecting waa held in Kepler Hall, in which resolutions wore adopted protesting against the pretensions of the | said frm to obstruct tho Lh goto Mr. Lowls, Cor- ration Counsel, was notified yesterday that Chancel. jor Runyon has rendered a decision dissolving the in. junction obtained by the sugar refiners. The right of the city to continue the street and complete the bridge over the Morris Canal is thereby affirmed. Wasbiogton street is a most important highway of Jersoy City, and will open up to the citizeos railroad communication to eeveral thriving districts in the State which could be only reached hitherto Wf crossing to New York and taking the Liberty street ferry, THE WATER SUPPLY, « COMMISSIONER PORTER'S REPLY TO ALDERMAM VANCE’ RESOLUTION TO BE PREPARED IN A YEW DAYS, General Porter will ina few days havea full report made of all the facts concerning the Croton water pipes, aqueditct, &e., required by the rosolution offered by Alderman Vance in the Board of Aldermen on Thura day last. Hoe says the information Is easy to be got at, and no difficulty will be experienced by his dopartmons in giving the fullest kind of information refating to the Croton Wator Works, the supply, &¢, In goon Saeng action of the Aldermen in passing tho resoluti Assistant Enginecr Campbell, whe is now acting Chi Engineer during Mr, Tracy's illness, yesterday said thas, the lower dam (n Westchestor county was nol a storage COONTINUED ON NINTH PAGE.)