The New York Herald Newspaper, August 24, 1875, Page 8

8 QWEETENING THE HAN. A Curious English Breach of Promise Case. ~ “ THE LADY LOSES HER SUIT. Warm Contributions to Brooklyn's Oscula- tory Literature. [From the Liverpool Post, August 12] At the Liverpool Assizes yesterday, before Mr, Baron Huddleston and a common jury, an action was brought Dy Thomasina Hole, a widow, to recover from Jon Martyn, a farmer in Cornwall, damages for a breach of promise to marry. Mr. Smith (instructed by Mr. Hogs) ‘was counsel for the plaintiff, and Mr. Edwards, Q G (instructed by Mr. E. Nicolls), was for the defendant, -who denied the promise, Mr. Smith said the facts of the cage were exceedingly simple; but, although the parties were not in the first blush of youth, there was, perhaps, some little romanee fm the case, The defendant, who was forty-three or forty-four years of age, had, he (the learned counsel) supposed, arrived at the second period, when people ‘wanted to make love over again. Some time about De- cember, 1871, the plaintiff went to live at Letchiey, in Cornwall. She was a schoolmistress, but she eked out the small pittance she recejved in that capacity by @ressmaking, She lived there for some time without Knowing much of the defendant, but fn the middle of July, 1872, she waa in a field on her Jandlord’s property helping to make hay, perhaps ag mach for amusement, if not more, than for anything else. The defendant came up, and, probably thinking she was rather comely, he said “he must make the hay Sweet.” There was a custom in Cornwall of “making the hay sweet,” as it was called, the process consisting of one of the ruder sex taking a small piece of hay bringing it somewhere near the face of one of the fairer sex, and then kissing her, the piece of hay being after- ward placed i the tniddle of the stack. (Laughter.) ‘This was defendant's first act toward the plaintiff, apart from mere civility. However, the kiss must have been a remarkably sweet one, and must have sweetened not only the hay, but the defendant as well, for in the fol- lowing October he took a very practical way of showing his feehngs toward the plainti On meeting her in the village near his gate he asked her to give up another man, named Wadge, with whom she was keeping com- pany, and told her if she married Wadge she would re- gret it A day or two later he presented her with some nice effusions about this wonderful kiss which he had taken three or four months before. The first ran thus:— ‘Oh, might I kiss those eyes of fire, illion scarce would quench desire; And dwell an age on e Nor then my soul would sated i kiss and cling to thee. Nought should any kiss from thine dissever: Still would we kiss and kiss forever; Even then the numbers did exceea ‘The yellow countless seed ; To part would be @ vain endeavor— Could I desist? ab! never, never! ‘The gentleman had desisted, however. (Laughter.) ‘This communication was thrown tnto an orchard where ‘the plaintiff was'waiking at the time, the defendant watching to see that she got it He was not satisfied, however, with this style, and a few days after he handed over to her something Byronic, (Laughter.) Perhaps he was trying to be a second Don Juan, It was as follows:— I saw thee weep—the big bright tear Came o'er that eye of blue, And then methought it did appear ‘A violet dropping dew. Taw thes amblo—the sapphire Beside thee ceased to sine Is could not match the loving r ‘That filled that glance of (Great laughter.) Then, again, there was a touching Piece on parting; but he forgot that the plaintiff was a widow when he called her “dear maid.” (Laughter.) ‘The kiss, dear maid, thy lip has left Til happier hours resvore te gift Untainted back to thine. ‘There was another verse of the same kind:— The parting glance which fondly beams An equal love may see— The tear that from thy eyelid streams Can weep no change in ‘Things went on in this way, and, as a matter of course, more love episodes took place. Defendant gave plaintiff ‘a piece of ribbon, and called her “My dear Tam’— “Tam” being a pet name for Thomasina, Then there ‘was another love effusion, and he wrote showing how true love should begin. He sent her the following:— dlaze boughs The nightiny high note is heard; See teii we, And gentle winds waters near jake musie to the lonely ear. The defendant then went on to picture the meeting of ‘couple of lovers, and talked of Parisina leaving her Dall to listen, not to the nightingale, but to two lovers ‘whispering sweet notes to one another. He wrote: ‘There glides a step through the foliage thick, And her cheek grows pale and ber heart beats quick; ‘There whispers a voice through the rastling leaves, And her blush returns and her bosom heaves; ‘A moment more and they shall meet— It is past—ber lover is at her feet. And what to them is all the world besides, With all ite change of time and tide? its living things, its earth and sky, ‘Are nothing to their mind and eye; And beediess as the dead are the neath, ve! So deep that, did it not decay, Their happy madness would destroy The hearis which feel its Gery sway. ‘Phis was all very nice, no doubt. Immediately after the plaintiff had received all these effusions she went to Princestown to see some relatives. and he there wrote to her frequently, signing the letters in the most affec- tionate manner. ' He addressed her as “My dear, dear Tam,” told ber bow very lonely he was, that he had come home from a meeting and nad gone straight to ‘bed, and concluded by saying the letter was from her “very, very, very affectionate J.” One letter finished ‘up with “A'thousand kisses for my dear lover;” and in another he sent an unlimited number of kisses. In the course of time a great number of people, as the jury ‘were probably aware, came from Cornwall’ to Burnley, and among them was the plaintif™ Then began a change—“out of sight out of mind;” and the defend- ant, like Don Juan, went in for another widow. Laughter.) He (the learned counsely supposed he ‘Wished to deal with those who had experience. Subse- quently, the plaintiff left Burnley for Manchester, and then she wrote to the defendant, who refused to fulill his promise to marry. He (the learned counsel) would not ask for unreasonable damages, but for such a sum ‘as would show this “gay Lothario” that he could not do what he liked. His Lordship—We do not sit here to teach “gay Lo- Tharios” not to go about, but to give damages where wrth paint, who is of e intiff, who is of somewhat plain features, was then called. ge stated that she now lived in aeloen ter and formerly lived at Letchiey, in Cornwall, where she was a schoolmisiress. She was a widow when she went to Letebley, in December, 1868. Before 1872 nothing took place between defendant and herself ex- cept an occasional meeting. In July, 1872, she was in her landiord’s field when the defendant came to her. His Lordship—Do I understand that he did what we have heard called “sweetening the bay!” Plaintiff’—Yes, he did In further examination wit ness said she met the defendant by appointment near his own residence. She then told Bim she was going to marry a man named a brick moulder, but defendant desired her not to do 0, saying that if she did so she would regret it’ He cried and said he had fixed his affection upon her and be could not remove it. He had man: times thought of making her an offer and had delayed, Dut could do so no longer; in October he told her he ould marry ber, and she said she would marry him. They became more intimate, and defendant wrote to her Jetiers, some of which he himself delivered. Mr. Smith—This was the first piece (handing in a Setter) about the “eyes of fire?” (Laughter. ) Plaintiff—Yea. His Lordstip—Then 1 may put upon my notes “the on ae” {Renewed leughier.) r. Yes, my Lord. (To the witness)—After ‘that you bad a second one? ‘ Plaintiff—Yes, His Lordship—Now, what shall we call this—‘The mite, Smith Noy r. Smith—No, my Lord. This is “the big bright dees,’ (Laughiet.) Then there are two phe: 4 ‘one each side—y ou sht cali them the ‘big bright tear,” I should think, and “the unchangeable” —(laughter)—be- cause he says there is no change in him In further examination the Witness said the defendant mext delivered her a aote about some ribbon. His Lordship—Wel I think I had better put that down as “the ribbon.” (To the plaintiff)—Did you re turn bos power a any ime? Plaintif—No. In answer to Mr. Smith, plaintiff next said that shortly after arriving at Princestown she received a letier in which be he felt very melancholy. His Lordship—How am | to mark that letter? “The melancholy lewer?”’ (Laughter.) ee P ‘went on to say that allerward she received a Jeter on the dist of ) Deginuing “My dear Zam.” ‘His Lordsh! ia all ag far back ae 1872? Mr, Smith—Yes, my Lord. 1 think you may call this ag letter) “the unlimited number of kisses.” read a letter from the defendant, in which be ead the plaiowi had warned him “not to flirt with Abe girls,” ppd osauring hor that mince he Lad gone away alien i he had not done so, and he would not do so, He added, NEW YORK HERALD, TUESDAY, AUGUST 24, 1875.—TRIPLE SHERT. “1 am far from being happy here.” a Lordship—Then I may call that “melancholy let- No, 27" Mr. Suith—He saya, “I cannot see my sweet love.” Perhaps you might call it that, My Lord. Then the de- fendant went on wo say, ‘1 send you a number of kisses which you shall have when I sce you,” and he added, “there is no getting over a woman.” (Laugbter.) Then on the Sist of December he was rather gushing, “I send my very dear, dear Tam a thousand kisses for my love; on the 36th ‘of April, 1874, he sent another letter be- ginning, ‘Am I forgotten already!” His Lordship—Now, what is this letter? Mr. Smith—This one I will read to you:—"It ts now a fortnight since you left. I should like to embrace you and give you a kiss, My dear Tam, shall I never see you again? Mine is avery lonely life at present, The plaintiff, in furtner examination, said that during the time she lived at Letchley eho often met the defend- an His Lordship—From 1872 to 1874 what occurred? Did he continue making love to you! Plaintit—Yes, In anawer to Mr. Smith, plaintiff went on to say that the defendant came to see her very often, indeed every night; or, if he did not come, be sent her a note. In April, 1874, she left Letchiey for Burnley, From some- thing which she had heard she wrote to him about a lady, and, in reply, he wrote her a letter denying that he had been geen speaking to a Mrs. G——, and added, “Mine is a lonely life here, and if 1 do drop in with ‘a female it is only just to pass away the time.” (Laughter. ) is, ortahtp—PTS, tw only Just to pees away the me?” Mr. Smith—Yes, he says so, my Lord, I do not know what he means ‘Matters then went on in this way’ is Lordship—What do you mean by saying ‘matters went on in this way?” The last 1 have is, “when I drop in with a female it is only just to pass away time.” If you say matters went on in this way, that would be thai he was passing his time with a female, (Laughter. ) Mr. Smith went on to say, that on the Tth of March defendant wrote another leiter, which was the first in- dicating coolness, ¢ His Lordship-—How does it begin? Mr. Smith—“Ob, my dear Tam, I hope and trust for your own sake you are living tn a respectable tmanner.”” His Lordship—Then you call this the first part of the refrigerating process ? Mr. Smith—-Yes, my Lord. The learned counsel next remarked that on the 12th of April the defendant Kept up that process, for he began with simple “Dear ‘am. His Lordship—Is that the zero in your thermometer? Mr. Smith—Yes, my Lord, it is) (Laughter). (The learned counsel then read the letter meutioned, in which he told the pluintiff that marriage must not take place between them.) Well, that was when they got to zero. He (the learned counsel) did not know whether it was possible to get below zero, bnt there was a letter sub- sequently written by the defendant, in which he referred toa Mrs. Goldsworthy. His Lordship said the oaly plea put in was a denial of the promise, and he supposed the affair concluded, as a matter of course, with an astorney’s letter, Mr, Smith—Yes, as a matter of course. Plaintii’s examination was then continued. She said the defendant was a farmer, but she was not quite cer- tain about the extent of bis farm, though she had been told it was about thirty acres. He grew vegetables and corn; part of it was used for ng purposes and an- other part was used as an orchard and garden, He also made cider, and he bad told her that he made as much as 150 bogs! when fruit was plentiful. and these, he said, were worth from £2 to four guineas per hogshead. He had also told her he had a horse for which he had been offered £40. He had also some sheep and a cow, Mr. Smith—He did not like Faddy Malone, tell you what be bad in the bank The witness did not reply, and the learned counsel said he supposed she did not understand the application of the story of Paddy Malone. In cross-examination plaintiff said the defendant lived with bis mother, and when she was at Letchiey she lived next door to him; she kept a school there and occasionally helped her brother, who kept a public bouse; her husband died in 1865; the house in which she lived was next door to the defendant’s, and she paid £3 a year for it; she bad four children by her husband; she knew a man named Roe, who was @ cattle Jobber; she had a child by him two years after her husband’s death; she had not more than one child by Roe; she did not live with him; he came to see her; she knew a man named Stephens and his wife, but only as friends; she Positively denied having bad a child by Stephens, Mr. Edwards—You know a Mrs, Short? Plaintiff—Yea. Mr. Edwards—Was not your child by Stephens kept by Short? Plaintiff (indignantly)—Oh, no. Mr, Edwards—Was it Roe’s child she kept? Piaint:f—I don’t know what child she kept. Mr. Edwards—What became of the child you had by Roe? Plaintiff—It died a month after. In further cross-examination she said she used to keep company with a man named Wadge; he visited her for two years, but he did not stay all night; be came in the evéning and stayed a short time; her chil- dren were not always in bed at the time of these visite; he did not come to see her scores of times at night; he came between six and seven o’clock im the evening and je(t between nine and ten o'clock. His Lordship—That would be in winter as well as in summer. In winter it would be after dark? Ptaintiff—In summer it would be light, but in winter, of course, it would be dark when he left me at nine or ten. Mr. Edwards—Mr. Wadge promised to marry you? Plaintiff—Yes; he did. Mr. Edwards—Did Roe, too? Plaintif!—Yes, he did. Mr. Edwards—Did Stephens promise to marry you? Plaintii—No; he was a married man, Mr. Edwards—Oh, he was a married man. His Lordship pointed out that the fact of Stephens being @ married man would not prevent his being a de- fendant in a breach of promise case. He himself had argued that pout in the Court of Common Pleas, but the judges would not listen to his argunent, The plaintiff, in further examination, said she knew a man named Matthews, who sold books; he used to come to see her on business connected with her brother's affairs, and she indignantly denied that he ever visited her at improper hours. His Lordship—Was Wadge on the same terms with you as Roe, except that there was no child? Plaipusl—No. 5 His Lordship—There was no impropriety between you In reply to Mr. Edwards, plaintiff said she did know a man named Woolcock, a travelling draper, but he came only once to see her, and then to shelter from a heavy shower. His Lordship—-Have you not met Martyn in his barn and bad intercourse with him? Plaintifl—Whatever took place before I met Mr. Mar- tyn was thoroughly known to him; he knew all that bad taken place. His Lordship—But you were on intimate terms with Martyn? Plaintiff—Under the terms of a promise of marriage; I told bim everything and he understood it; that was before the correspondence; when he offered me mar- riage I said, “Il will not deceive you.’’ Further questioned by Mr. Edwards, plaintiff said that from 1872 to 1874 she did not meet Martyn in his field or in higparn, She generally met him at her own house every nfht, He did not go home next morning, and never stayed after ten o’clock at night. Mr. Kdwards—Till you went away to Burnley had he intercourse with you wherever you could ar- range? Piaintiff—Under the influence of his promise of mar- riage he bad. The plaintiff went on to say that she was to have been married to Roe; the license was taken ont, but within a few hours of the time fixed for the celebra- tion she found that he was a married man. She came from Cornwall to Burnley with ber son, who was sixteen years of age; she was thirty-eight years of age. + Mr. Kdwards, at this point, produced a letver from the defendant, in which he complained that he “was put off” on one occasion when ‘‘No. 1”? was at hand; and tn reply to the learned counsel the plaintiff said “No, 1” was Wadge. Mr. Edwards—Did he send you any more of this po- etry—this staff? His Lordship—Oh, Mr. Edwards, Mr, Edwards! “suutrl? Further questioned, the plaintiff said Roe visited her in 1866, and represented himself as a widower. After she accepted Martyn she told Wadge not to visit her; and in explanation of a letter which defenaant had writ: ten to her advising her to lock the doors and go to bed early, sho explained that that was done to avoid the violence of Wadge, who had threatened to shoot her because she had “given him up.’? ‘Augustus Hooper, a clerk employed by the Manches- ter, Sheflield and ‘Lincolnshire Railway Company at Manchester, was next called. He stated that he was a brother-in-law of the plainuff and that he visited her at Letehiey in December, 1872; the defendant visited the Plaintiff im the evening and was introduced by the piaintlf aa her suitor; the defendant styled her “his dear,” and his beasing toward her was rather affection- | ate, aithough nothing marked took place, His Lordship—What do you mean by that? Witness—Well, he didn’t very openly express himself as a suitor of Mrs. Hole, or anything of that sort, Witness, in reply to further questions, said that in 1873, when he again visited the plaintiff, the defendant, who was present, drew her on to his knee; she scemed rather ashamed, and defendant, referring’ to that, said she need not be #0, as he (witness) was one of the fusnily. tre Hooper, wife of the last witness, was also called. She simply proved tbat, while on a visit to the plaintif, she had seen tho defendant kiss her. This being the whole of the case Mr. Edwards sub- mitted that there was no corroborative evidence of the material points of the plaints statement as required by the act of Parliament; and Mr. Smith, in the course of hia reply, submitted that it was hardly likely that a man would for two years go on writing gushing letters, such’ as bad been ré if he did not intend to marry the woman to whom he addressed them. His Lordship then summed up the case to the jury, remarking that the point for them w consider wis whether the plaintiffs statement had, in ite material parts, been corroborated by independent testimony. The jury, after @ brief debberation, found for the do- fendant. |THE FLIGHT OF ALEXANDER COL- LIE. The Liverpool Courier of August 10 says:— It t# rumored that Mr. Alexander Colle left England in a vessel which Lad been waiting for him in the Mer- sey, The description given with the offer of £1,000 re- ward for bis apprehension is as follows:—‘‘Age, fifty-two years; height, six fect; hair reddish brown (turning gray, cut sbort), whis reddish and complexion florid; high cheek bones; eyes small; has adeep scar | on the upper lip, extending toward the cheek; dresses well, in dark clothes, vail hat; walks erect; aquare shoul- ders; rather thin build; a native of Scotland. It is said that Detective Hancock, who brought the Bank of Luwand forgers Wo justice, has We case 1p hand, RAPID TRANSIT. THE COMMISSION STILL DIVIDED ON THE ROUTE—SIR E. W. WATKIN WANTS TO BUILD AND OPERATE AN UNDERGROUND LINE WITH BRITISH CAPITAL, The Commission held a session yesterday and en- deavored by an interchange of views to agree upon & route, but adjourned without being any nearer wnan- imity than they were two weeks ago, A Mr. Marrow, of the Citizens’ Rapid Transit Association, called to see Chairman Seligman, but he was not admitted and left disappointed, He stated to the reporters that the asso- ciation has no intention of taking apy action in the way of dictating to the Commission, and does not indorse the views of Mr. C. H. Roosevelt that appeared in Sat- urday’s papers, Mr. L. Lotz, of No. 1,654 Pacifle street, Brooklyn, yesterday submitted a plan of a double column elevated railway to run in narrow streets, the pillars to be placed close to the building ne, He proposes a line of shade trees on either sida, It seems, after all, that Sir E. W, Watkin, of the Lon- don Underground Railway, who was before the Com- mission on Friday, has serious intentions of interesting himself and_ his associates in our rapid transit scheme. In conversation with a railroad official, the reporter was assured Mr, Watkin made the declaration that, if the Commissioners would adopt an underground or sunken plan, he would supple the capital to balld, equip and run it, “He docs not look with favor upon any scheme of an elevated character. He seems to think on account of the sewerage there would be some engineering difficulties in building an underground railroad, but none that could not be overcome by skil- ful engineering. A prominent rapid transit advocate yesterday assured the Herap reporter that the Third “Avenue | Railroad people are in favor of Cornell's plan, and that one of the directors assured him that they want it adopted if any plan is selected, as the route is such as is not likely to seriously interfere with their business, and that if any other plan is chosen they will oppose it, This confirm the stories of combinations being made by the horse car interests to raise money and defeat any plan that is likely to interfere with their receipts, WATCH THE COMMISSION, To tae Epitor or Tus Heraup:— From the amount of hocus pocus now playing 1 am afraid the people are to be cheated out of rapid transit The Commissioners appear to be debating proposals which do not furnish the whole city with the greatly desired object. One party, for instance, wants the “east side,” where there is tho most travel, and, of course, the west side can go without any accommoda- tion, Tobe sure, the poor construction which seems as a mere tender for the Hudson River Railroad can give them one leg to stand upon, providing they will only walk over to the Ninth avenue to use it, Now, we don’t believe that any one section has rights over any other section, The object is to furnish the whole city with the facilities of rapid transit, and not permit any party to come in and cut out the richest slice of the cake and leave the rest untouched, Moreover, it must be remembered that in conferring the right it should not be for constructions which may possibly afforti the accommodation for the present day, but for such’ as would have capacity for the enlarged and increased re- quirement certain to follow. To perpetuate the miserable one-legged substitute which now defaces the west side of the city would be an outrage. We all know that two legs are better than one, and if the Commis- sioners showd give to any parties the right to make such a defective construction they will be doing the city a great injustice and confer disgrace upon them- selves, It is enough criticism upon this form of struc- ture to say that it has since its first erection been con- stantly patched and’ strengthened, thus showing how short of the idea of the requirement these parties have been in their first production, And yet they cannot give the original supporting base any improvement, but only tinker away by branches and bracing the upper structure to give it the least solidity. Let any person who wishes to judge of the probable durability and strength of this method of construction stand as I did a few days since on the Warren street station as a train passed at the ordinary speed, and feel the swaying vibration, which will either require continuous strength- ening or terminate by eventually giving way and toppling over. Now the outlook mppears to me to be that the movement is to deceive the public by con- ferring the right upon parties who will, no doubt, make great protestations of sincerity, but who will have such a cloud of injunetions, law expenses and opposition to beset them that they will accomplish just what they started out to do—and that is, deceive the public once more and deprive the city of rapid transit; and for this it is to be hoped the public will hold these Commissioners responsible. The west side as well as the east side are to be served in this matter; the residents of Manhattanville as well as of Harlem, and those living on this island as well as | those who come into the city over the roads to the Cen- | tral depet and Thirtieth street. Rapid transit is not to end at the Grand Central depot, as these out-of-town gentlemen appear to think, or scoop up the rich places of the Third avenue only a8 a source of profit to a set of men who have no public enterprise in view—but their own profit, To be effective it should give both sides of the city, from one end to the other, the facilities of & properly constructed and well orgamzed system of rapid transit, For this purpose these Commissioners have been appointed, have accepted their positions and will be held strictly responsible for a wise and equitable decision. They may rely upon it they are well watched and will have a stern verdict. A NEW YORKER THE NEW POST OFFICE. THE FINAL WORK IN THE INTERIOR OF THE BUILDING—ALL WORKMEN 10 BE DISCHARGED ON FRIDAY NEXT. Mr. W. G. Steinmetz, the architect in charge of the new Post Office building, confidently expects that by Friday next all the mechanics and laborers now engaged in the interior of the edifice will have finished their work and that it will then be ready for occupation by the Postmaster and his clerks, About one hundred and twenty cabinet makers were enguged yesterday in put- ting up screens for the registered letter department and in making six hundred black walnut wardrobes for the use of employés in the office. The wardrobes are to be placed in the basement, and are to be so arranged as to be under the direct supervision of one person to bo ap- pointed for that purpose, Each clerk will be assigned a wardrobe and furnished with akey. Everything is in readiness in the basement, which will be entirely de- voted to the reception and distribution of newspapers. ‘The hydraulic elevators are in working order and are kept constantly in operation. On the first iloor a few painters are putting the finish- ing touches on the woodwork. The counter for the weighing clerk is about finished, and yesterday one of Fairbanks’ largest scales was removed from the old building. on Nassau street to the corridor fronting tho park. The iron work is all complete, with the excep- tion of a few iron doors, which will be ready on Thurs- day. The large glass dome is undergoing a thorough overhauling, 80 as to make it absolutely impervious to water. The boxes are ready for almost instant use, and the desks in the galleries and other office furniture are in place, In the second story all is in order, with the exception of the Auditor’s office, where a screen is to be put in during the week. The carpeting is laid in the spacious apartinents to be occupied by the Postmaster, Deputy Postmaster and other oflicials, The stairways, however, from the second floor to the attic, are waiting copple- tion. Yesterday afternoon the largest annunciator ever made was delivered in the building, It ig to oceupy a space twelve feet square over the south entrance to the letter department, It is to be connected by electric’ wire (of which there is forty miles in the building) with the various bureaus, and will give instant notice of the time of arrival and departure of mails, In the sub-cellar the heating apparatas and pamps for the hydraulic elevators are complete. The street running through the park from Broadway to Park row is ready for use. ‘The fence and frame buildings on the ground can be removed in a few hours, A JERSEY CYCLONE. People in the vicinity of Waverley and North Eliza- beth, N. J., were exceedingly alarmed on Sunday afternoon by the appearance of an immense column, between 200 and 200 feet high, which movéd with a rotary motion, upro#ting and snapping large trees as if they were only twigs, and destroying everything in its course, It moved in a northwest direction, its approach being heralded by @ peculiar, loud, whisking sound, and it seemed to increase ite strength as it whirled along. Passing through a clamp of trees in the vicinity of the Pennsylvania Railroad it broke off hage limbs | and shot them into the air, where they twirled round | for some time before they fell to the ground. A two story house, occupied by several families, stood in ite ITS ROOP WAS TORN OFF | in an instant, Mrs. Pryor, one of the inmates, who was | in the rear of the house endeavoring to eave some milk | pans, was thrown to the ground, and before she could | arise # portion of the roof struck her, fracturing one of | her limbs and infheting internal injuries, from which it is feared she will not recover. A clean path of about twenty feet in width was made in the corn field and orchard of Mr. 8, W. Johnson in the vicinity of the | Newark and Elizabeth road. Huge pumpkins were | | caught up, and while in the air looked like electric balla owing to 4 whitish smoke that surrounded them, and a | large sheet of water in a pond was licked up and after- | wards scattered over a barn, The cyclone then passed | near the Waverly schoolhouse, shaking it go that the WALL STREET NOTES. A NORTHWESTERN ANALYSIS, The annual election of the Chicago and Northwestern Railway Company was held yesterday, when the fol- lowing officers were chosen :— President—Albert Keep, Chicago; Vice President, Secretary und Treasurer—M. L. Sykes, Jr., New York; Assistant Secretary and Assistant Treasurer—S. 0. Howe, New York; Directors—A. G. Dulman, Charles R. Marvin, Harvey Kenuedy, ‘A. B. Baylis, David Dow: K. P. Flower, Samuel M. Mills, M. [. Sykes, Jr., an Francis H. ‘Tows, New York; William L. ‘Scott and Milson Courtwright, Erie; Albert Keep, John F. Tracy, Henry H, Porter and William H. Ferry, Chicago; James H. Howe, Keposha, Wis. ; J. L. Ten Have Fran, Amster- » Holland, ‘The annual statement of the business of the company for the year ending May 81 oxntains the following state- ment of its income account:— BXPRNSES, Operating expenses... $7,557, 693 Utttonpenbs nd Pica aceouai GH cago fire. 18,264 Taxes... 408,737 United States injernal revenue claim. a 12,795 Interest on bonds $2,072,812 Premium on gold coupon 121, 623 Interest and exchange, .. 23,191 2,217,627 Sinking Funds— On funded coupon bonds, .......+--$15,120 Ub general first mortgage bonds... 25, 40,120 Rent of roads— Chicago, lowa and Nebraska Railroad. 497,722 Cedar Rapids and Missouri River Railro: 588,227 For dividends paid in adjustment of issue of Galena and Chicago Union Railroad stock, rendered. Advances to prop Balance of Income... rene ee ss cdieledaibactepnboece Qiagen aan May $1, 1874— By balance income, Ma} Less amount of advance roads to May 31, 1874. May 31, 1875— Passenger receipts Freight receipts. Express receipts. Mail receipts. y BI, 1874 $3,541,720 to proprietary 1,422,374 2,119,546 $3,205,059 8)887, 828 268,284 Grand total............ $14,827,072 By balance income, May 31, 1875 + $2,687,612 MORE MYSTERY. A DYING MAN SAYS HE WAS STRUCK WITH A SHOVEL—WAS HE MISTAKEN ? Frank MeGley, a young man who has for several years been employed as a porter in a house on Broad- way, went to the Chambers Street Hospital on Sunday morning, about nine o’clock, and reported that he had been beaten by a party of men in a liquor saloon on Beach street, between Hudson and Greenwich. One of his assailants, he eaid, bit him with a shovel. His face was very much disfigured, his lower jaw being broken and his nose badly cut, He was bleeding profusely and said be had a hemorrhage from the lungs, He sank rapidly after being put to bed, Considering that his condition was becoming critical the doctor in charge questioned him closely as to where he lived and how he had been hurt McGley then made the follow- ing statement :— “My name is Frank McGley, I live at the corner of Beach and Washington street& Saturday night I went into a liquor saloon on Beach street, and there met four or five men, . 1 HAD BEEN DRINKING Sou. We had some words, when one of the men struck me with the back ofashovel. I think I fell down; I don’t remember. They went away. Don’t know the men, Never saw them before, Nobody was with me. I went home and stayed there until this morning, when I was wld to come here,” ‘This was all that could be procured from the wounded man, and constant questioning failed to elicit anything tangible or satisfactory. fe became exceeding weak during Sunday night, and yesterday morning it was found necessary to send for the Coroner that an ante-tnortem statement might be taken. Coroner Croker called at the hoapital about two o'clock and heard what ee had wo say. The in- jured man repeated the weed e had told the doctor. Shortly after the visit of the Coroner McGley died. HERALD reporter visited all the saloons in Beach street near both Hudson and Greenwich streets yester- day cages but failed utterly to ascertain anythin about how MoGley was hurt. He was seen sever: times on Saturday evening in the locality mentioned, but no one seems to have seen him IN A CONFLICT. While in the saloon at the corner of Beach and Green- wich streets he hada slight hemorrhage, but not one that was considered serious. He had been drinking freely and was considerably under the influence of liquor. It is the unanimous opinion of his friends and acquaintances that he fell against a curb stone or upon the walk and thus received his injuries. He was not seen at home from Saturday morning until Sunday morning, about five o’clock, when he returned quite drunk an said he had had a fight with somebody, who had hit him with a shovel. le then had with him two shirts, which he had bought on Saturday evening, and his friends argue that if he had been fighting, as he claims, he would in all probability have lost these garments, Captain Caffery, of the Fifth precinct, is investigating the case, but he, too, feels confident that McGiey’s in- Juries were occasioned by a fall. MURDEROUS HIGHWAYMEN. A GANG OF HUNTER’S POINT RUFFIANS OVER- POWER AND ROB A SPANISH SAILOR, The detectives employed to discover whether or not a murder had been committed on Borden avenue at an early hour on Sunday morning succeeded yesterday in solving what had been a mystery. They found the vic- tim of a murderons assault on board the Spanish brij Manuel, which lies at the Empire Works, Long Island City. His name is Ventura Ortiz, and his’ age is about fifty years. He is lying in a precarious condition at present, five stabs having been inflicted on his person and four of his ribs being broken. Two of his fingers were nearly severed from his hand in his endeavor to ward off the thrusts of his assailants. He had on his person at the time he was attacked, besides a gold watch and chain, a considerable amount of gold, which he car- ried around his waist, His assailants were five in num- ber, and they took his watch and chain and $14 which he had in his vest pocket. ‘The encounter was desper- ate. The clothing of Ortiz was torn from his body and the shoes from his feet. One of the robbers took Ortiz’s sheath knife from him and endeavored to despatch him with it. Alarmed by the approach of citizens the roughs made off, and the sailor, nearly dead from loss of blood, dragged himself to his vessel. Officer Win- nocks arrested four men whom he met near the place, and they are now in jail at Astoria. The scoundrel who inflicted the stabs has not yet been arrested. A DESPERADO CAPTURED. John Larkin, the notorious rowdy who produced a reign of terror in the First ward of Jersey City, and who made his escape from that city, was recaptured in Fifty-ninth street in this city on Sunday by officer Boyle. Yesterday morning Larkin was brought before Justice Keese, and his bondsmen breathed freely as they withdrew their bonds. He was then chi with larceny and assault and battery. The first charge on which he was committed was an atrocious assault and battery on a woman named Mrs. Cannon, whose arm he broke with aclub. The second charge was of assault and battery on the bar- tender of a saloon at the corner of Hudson and Essex streets. Attor beating the bartender he drove him into the street and took possession of the bar, The third charge was of larceny in stealng proper from the saloon. Justice Keese committed Larkin for trial on the three charges. Larkin had made preparations to sail for Ireland this week, when he was caught, WON'T TELL WHO SHOT HIM. A most reckless and unjustifiable case of shooting oc- curred at two o’clock yesterday morning in Jersey City. Denis Murphy, a boy nineteen years of age, residing at No, 116 Brunswick street, was going to his home, ac companied by two other boys, through First street. In passing three men one of Murphy’s companions cried out, “Shoot the bat,” at the same time knocking off the hat of one of the men, The man im- mediately turned and fired, the ball lodging in Murphy’s neck. The men then ran away and none of them has yet been arrested. The injured boy was taken to the Charity Hospital. The physicians say he will re- cover. Murphy knows the three men, but persistently refused to give their namos, as he is unwilling to have any charge preferred against them. * JACK CANTER'S GRANDEST EXPLOIT. To tne Evrron or THe Herat: Canter’s grandest exploit—he has failed to tell, in his exposé in your paper to-day, from that regard which his clase hold to each other, well knowing that if he were to give their names away they might be recouped. When he was clerk, and having before him the ledger of the entry and digcharge of convicts, he soon learned, cither of his own knowledge or that of his superiors, which is most likely, who could pay a round sum for a “cover,” erasing afew years and naming a day for the release of the gonvict. When the ‘sugar’? was put uy the books were covered, and out walked the bloke wi five stretches off in a sentence of seven, This was one of the mysteries of the time when Canter kept the ’ ONE WHO KNOWS, jock Yonk, August 23, 1875. A STRANGE ACCLOENT, ‘Yesterday afternoon Edward Branagan, an employé of the Western Union Telegraph Company, whilo engaged in repairing wires on the top of a telegraph pole in New- bell was set ringing. It finally spent its force out in the Waverly fwir grounds, Several persons narrowly | escaped injuries, bat no one was seriously burt with the exconwon of Mire Vrvoe } ark, fell to the ground and received some severe injuries about the head and body. The pole, which was old and | rotten, broke short off near the base aud carried him With je THE COURTS. The Tweed Suits Before the General Term. Arguments on Appeal-—The Bill of Partien- lars—The $3,000,000 Bail. DECISION RESERVED. Duncan, Sherman & Co.--The As- signee’s Bond. Three appeals from orders in the suits against William M. Tweed were noticed, Yor hearing in the Supreme Court at one o'clock yesterday.’ One was an appeal by the people from Judge Donohue’s order to furnish de- fendant with a bill of, particulars; second, by defendant from that portion of tho same order refusing to direct the complaint to be made more definite, and the third by defendant from Judge Barrett's order refusing to vacate the order of arrest or reduce the $3,000,000 bafl, Judges Davia, Brady and Daniels were on the bench, ‘There was a large attendance of lawyers. Charles O’Conor and Wheeler H. Peckham repre- sented the people, and Dudley Field and R. S. Deyo the defendant, % Mr. Peckham announced that the plaintiffs were Teady in their appeal. Mr. Deyo objected to that appeal getting any prefer- ence, as the rules forbid any caso not appearing on the day calendar to be called without the consent of both parties, Tbe section giving the people’s case a profer- ence on tho calendar did not apply, as there was no cal- endar, the session being an adjourned one, The case could only be heard in two ways, The Governor might call an extraordinary session of the General Term or the judges themselves might designate certain of their number to bold a session. Now, these rules expressly forbid the bringing ap of this case at an adjourned term, and any counsel who undertook, even upon con sent of both sides, to bring up an appeal on the 23d of August in any other case under those circumstances would fail If this case is forced on against remon- strance it will be a violation of the rules, and upon no other reason than that it is a case not to be governed by rule or law, Judge Davis said the question was one of practice, and he saw no objection, as far as the jurrsdiction of the Court was concerned, to hearing the appeal. Mr. Field remarked, with some warmth, that this was wholly unprecedented, calling the case in the middle of the summer at vacation time, and while the defendanvs senior counsel is absent on an engagement made months ago. The rules provide that notice be given for the first day of the term, from which it follows that you cannot notice at an adjourned term. The Court had no right to override its rules, and he respectfully subs mitted that they could not take up the case without de- fendant’a consent, The rules are made the law of the land by the statute of 1870, and the Court could not—he would respectfully urge, he did not want to be vehe- ment in his objection—the Court could not force on the argument now against the objection of defendant's counsel To do ‘so would be to make an extraordinary exception in this case. The newspapers havo taken up the question, and the New York Hera. this morn- ing says it remains to be seen whether this case is to be argued and considered like other cases. That is all we ask—to have it heard and considered like other cases. This {s all wo ask and all we urge. No harm could follow the course he contended for. ‘The alleged Peculations took place four years ago, The first suit 1 to the ground, and there Was a delay on the other side in bringing on the second suit till April. Bringing on the case now against our will, and against your own rules, is what wo protest against. Judge Daniels said there was nothing in the rules to prevent them going on with the case; nothing. to pro- ibit the Court; no restriction in the code. ‘hey had ee right to extend the trial or adjourn it from time to ime. Mr. Field said if that was the case and that the rules ‘were not to be observed by the Court then it was time @ new rule was laid down that would be understood by all. He protested against this being made the first excep- tion to the general rule, Mr. Peckham referred to the twenty-fourth rule ofthe code as giving power to notice cases, as had been done in this case. Judge Davis—It remains with the Court. Notice hav- ing been served, the parties are not taken by surprise, ‘The Court will hear the argument. Mr. Field—Excuse me, you have not heard me. There are two others; when will they be heard? Judge Davis—After the first one, Mr. Peckham then commenced his argument, setting forth the culpability of Tweed as a public officer and how the suit originated for $6,000,000. He then argued that the order was appealable; ‘that Judge Donohue erred in making the order, because it was not so much the plaintiff's claim that was ordered to be set out, but the claims of Garvey, Ingersoll, &c., giving the parts which wero false and those paris which were just. The complaint says that not any were just, and the order directs plainiiff to say what part Was’ fraudulent and what part was just. A precedent cannot be found in the order made by Judge Lawrence in the Mayor vs. Marriner and Tweed, for in that case the allegation was that the claims were partly fraudulent. All the tacts are stated in the complaint ag to the acts and doings of Tweed. There are no other allegations to be made. The facts and circumstances we ey are hen f set forth and specified in the complaint, and that is we can do, And yet it is argued that until we specify all ‘the considerations and interests that Tweed had in th: oceedings must be stayed. Judge Donohue’ + ~ “That plaintiffs should either strike out so much of the complaint as alleges a neglect to audit the claims re- ferred to—specifying as such the part commencing with the wi ‘That the said pretended claims or liabilities were not,’ page 4, und ending with the words ‘signed the same,’ page 6, or shall state in the complaint that they do not rely on the neglect to audit as acause of action; or if plaintifls do elect to rely on the neglect to audit as a cause of action, that shall strike out 60 much of the complaint as sets forth any fraud, conspir- acy or combination on the part of the said Tweed and Watson.” Mr. Peckham on his branch of the case contended that if there is one cause of action set forth, it em- braced the whole of the allegations and there is no power in the Court to compel the plaintiffs to elect specially this or that allegation. In tis respect all was done that could be done; they gave day and date and sam and every particular that could be given. They had speci- fied certain warrants which the plaintitfs claim Tweed converted to his own use, and they showed the manner in which he obtained these warrants and converted them fraudulently. They were not bound to specify in detail the fraudulent claims made by other parties. The fraud was the gravaman of the complaint, and that ‘Tweed was paid latge sums of money because of that fraud. It would be impossible for any one but the defendant himself to give the bill of jculars asked for. The whole order of udge Donohue, especially that part ordering a bill of particulars and extending defendant's time to answer until it is served, involves the merits of the action, affects a substantial right, and, in effect, determines the action and prevents a judgment from’ which an appeal might be taken, Our affidavits show that the very vouchers, bills and accounts from which we could only make outa hi of particulars have, oe nt eight or ten thaterial exceptions, been destroy: the request of Tweed himself, Not" only the gh sel of and publio records have been destroyed by the defendant or by bis instigation, but also the private memoranda by which the joss of the vouchers might be supplied. The Court would, therefore, see the difficulty of furnishing any such bill of particulars as was asked for. Mr. Field replied. He said it was not asserted on the other side that plaintiff cannot furnish a bill of partic: ulars. Some vouchers were stofn, no doubt, but it does not appear by whom, and some (the Keyser vouchers) are in existence. The sverment that the claims are all false is not an averment that they are so im every particular, and the defendant is entitled to know in what particular they are so; and the plaintiffs should state what they know and intend to prove. The | accounts are invariably described au ‘false, fraudulent and fictitious,” and the defendant is entitled to know how they are so and in what particulars, In the other two appeal cases counsel submitted briefs without argument, and the Court adjourned, re- serving its decision, DUNCAN, SHERMAN & CO. THR ASSIGNBE’S BOND FILED, The following document was filed to-day in the Clerk's office of the Court of Common Pleas, after ap- proval by Judge Robinson:-— Know all men by these presents that wo, William D, Shipman, counsellor-at-law in the city and State of Now York, and Nathaniel A. Cowdrey aud Samuel L. M. Barlow, of said city, county and State, and William W. MacFarland, of Southfield, in the county of Rich- mond, in said State, are veld and firmly bound unto the ple of the State of New York in the penal sum of ,000, lawful money of the United States of America, to be paid to the people of the State of New York or their assignee, for which payment, well and truly to be made, we bind ourselves and our heirs, executors and administrators, jointly and severally, by these presents. a Tealed with our seals, Dated this 19th day of August, Whereas the copartnership firm of Dancan, Sherman & Co., doing business in the said city of New York, under said irm name, and William Butler Dancan, Wil- iam Watts Sherman’ and Francis H. Grain, te co- partners composing said copartaership firm, did, under and in accordance with the provisions of an act of the Legisiature of the State of New York, entitled An act to secure to creditors a just division of the estate of debtors who convey to “tn for the benoit of cred- ivors,” paswed Avril 15. 1870, amd the several acts amendatory thereof, by instrument or writing by them heretofore executed, sheen date the 27th day of July ae pe ‘and thereafter duly recorded in the offlee of the of the City and County of New York, assign and convey all the estate, real and personal, of said co- partnership firm, as well as all the estate, both real and ronal, of said William Butler Di William Watts herman and Francis H. Grain to sad William D. Ship- boos § ag assignee thereof, in trust for the benefit of the creditors of said copartnership firm, as well as the crec- itors of said individuals, whic! ‘trust has been ac- capted by said assignee, jow, therefore, the condition of the above obligation is such that if the said William D. Shipman, assignee aforesaid, shall in all things faithfully discharge tbe duties a8 such assignee, and shall duly account for alt moneys received by him ax such ee, then this ob- ligation to be void; otherwise to be of full force and virtue, WILLIAM D. SHIPMAN. W. McFARLAND Ww. W. Signed, sealed and delivered in presence of H. G. An derson. After this follows the justification of the parties in } $500,000 and the Judge’s approval. DECISIONS. SUPERIOR COURT—-SPECIAL TERM. By Judge Freedman, va. Andrews et al.—Motion grant provided fondant make and serve within wo days a new undertaking, covering principal, interest and costs, and pay $10 costa of this motion. The sureties, if excepted OO aaee saatity, ‘on the usual notice, Idberg vs. Levinson et al—See memorandum for TOMBS POLICE COURT. Before Judge Otterbourg. VIOLATING THR EXCISE LAW. ‘The following persons were arraigned before Justice Otterbourg yesterday for alleged violation of a provision of the Excise law, which prohibits the sale of liquor on Sundays:—William Thompson, of No. 14 State street; Adolph Karnar, of No, 42 Whitehall street; Charles Endas, of the same residence; John C. Demhardt, of No, 93 Wi street; Henry A Haack, of No. 34 White street, and William Cautlin, of No. 16 North Moore street, The prisoners each gave bail in $100 to answer. A DISORDERLY HOUSE Margaret Crowley was held in $500 bail to answer fos keeping a disorderly house at No, 20 Catharine street, A DANGEROUS WOMAN, Kate Monahan, of No. 74 Mott street, was brought up. on complaint of Samuel Gebersam, of No. 175 Bowery, who charged that the prisoner dragged him into an alleyway adjoining her residence and robbed hitn of $20, ROBBED HIS EMPLOYER, Augustus Coleman, of No. 10 Modoe street, Brooklyn, was held to answer on a charge of stealing $42 in green backs and $110 worth of flags from @is employer, Wil- liam J, Powell, of No. 163 South streot, WASHINGTON PLACE POLICE COURT. Before Judgo Wandell, THE COLORED DESPERADO COMMITTED, Wilham Henry, alias “Bally” Henry, the notoriow® colored desperado, who has long been the’ terror of the Eighth ward, and who was arrested on Sunday night by Officers McCabe and Gerard, of the Eighth precinct, was arraigned at the above Court yesterday, Edward Wilson and Martha Robinson, of No, 109 Thompson street, the persons whom Henry cut and slashed in his savage fury on Sunday morning, were present, and preferred separate charges of felonious assault against him, Martha Robinson had her wrist bandaged, and Wilson walked with @ cane, seeming to be very weak from loss of blood, Judge Warfdell somal tied Henry in default of $2,000 bail to answer on cach charga ROBBED BY HER SON. On Saturday afternoon Henry Lang, ayoung man, about twenty-one years of age, broke into a room on the sec ond floor of No. 374 Seventh avenue, and stole a quan~ tity of jowelry and clothing, valued at $245, the prop- erty of his mother, Mrs, Elizabeth Lang, and his brother-in-law, Frederick Mullich. Young Lang -was arrested on Sunday night and was brought to Washing- ton Market Police Court yesterday, Another young Bee acquaintance of Lang, testified that Lang spoke to him on Saturday about committing the burglary, and asked him to join in the undertaking. Lang was committed in default of $2,000 bail to answer. A SMALL SWINDLE. Patrick Henry Dennen, of No. 95 Oakland street, Greenpoint, preferred a charge of obtaining money under false pretences against a man named Lewis Ketchum, Mr. Dennen stated that he was plaintiff in a suit in the Marino Court against one S. K. Peyton; that Ketchum came to him on the 14th of August and said that he was a member of the firm of Stack & Amerman, lawyers, of No. 17 Nassau st and had’ been em- ployed ‘by Mr. Gustave Miller, attorney. On the representations thas made ut Bn nen gave him $7 for trial fees. Subsequently he covered that there was no such firm as Stack & Amer- man, and that the $7 lad never been paid into court etchum, who was arrested on Sunday night, was held in $1,000 bail to answer. nai MARK LANIGAN’S SPECIAL DEPUTY. John F. Whyte, of No. 160 East Broadway, was arraigned at the above Court yesterday afternoon on a charge of felonious assault and battery, made by Henry Brewster, of No. 216 West Fifteenth street, Mr. Brewster is a publisher, and has an office in Spruce street, In the early part of last week Deputy Sheriff Mark Lanigan had an attachment against the furniture of the office, and went there with it, In Mr. Brewster's employ was John F. Whyte, the defendant. Deputy Sher~ i jigan, being acquainted with Whyte, had him sworn in as @ special deputy, aad paved, him in charge of the office, following day Mr. Brewster was in his office ag usual, and when the letters came in from the Post Office he opened one which contained $85. Whyte de- Mmanded the money, and threatened to arrest Brewstor if it were not given up. On Brewster's refusal, Whyte inted a pistol at him and threatened to shoot him. ir. Brewster went to the above Court and procured a warrant from Judge Bixby for the arrest of Whyte, He was taken into custody ‘and was held in $500 bail to answer. ESSEX MARKET POLICE COURT. Before Judge Morgan, ALLEGED GRAND LARCENY. On the 17th of August Joseph Krauss, manufacturing jeweller, of No. 432 Fifth street, had taken from his Toom thirty pairs of earrings, five gold lockets, three gold crosses and five sets of ladies’ jewelry, besides a quantity of broken jewelry which had been left with him to be repaired. The property was valued at $450, On Sunday evening Krauss called on an acquaintance, another jeweller, named Frederick Storch. In Storch’ room he saw lying on a saucer i iors of a gold stud which he identified as a portion of the rty stolen from him. He procured the services of Officer Ken nedy, of the Seventeenth precinct, yesterday, and had Storch arrested. The latter was brought before Judge ba yesterday afternoon aud was held for examina- WIFE BEATER ARRESTED, On Sunday afternoon Reinhardt Witte and his wife, Augusta, residing at No. 27 Willett street, quarrelled. Reinhardt knocked his wife down and beat and kicked her aboat the body. Her injuries are so severe that esterday she was unable to leave her bed. Witte was Beta © await the result of his wife's injuries, A BELLIGERENT BARBER, About three o’clock yesterday morning Joseph Ober- hardt, aGerman barber, residing in Stanton street, was somewhat intoxicated, and was acting in ® very disorderly manner in front of No, 194 Forsyth street. Edward Kassel, who lives on the second floor of the above-mentioned house, put his head out of the window and told Oberhdbdt to go away from the door and not annoy people at that time of the night, Some hot words passed between Oberhardt and Kassel. Finally, the former pulled out a pistol and fired up at Kassel, the ball striking the house. He was committed yesterday in $1,000 bail to answer a charge of felonious. assault and battery. COURT CALENDAR—THIS DAY, N oi, 2 103, Tos, 100) 110, fi 1 % Lis = Bi r iran 145, 116,117, 118, 27, 138, '149," 163? un ur 173, un 79), 180, ist! oan ™ BROOKLYN'S POLICE MUDDLE. WHO I8 AND WHO OUGHT TO BE SUPERINTEND- ENT ?—A WRIT OF CERTIORARI GRANTED, About a week ago ex-Superintendont John 8, Folk was removed from the cares and responsibilities of office by tho Board. Mr. Patrick Camp- bell was appointed successor to Folk. The de- posed official claims that be was unlawfully removed and bas determined upon secking redress in the courts, Yesterday forenoon application was made to Judge Gil- bert by the counsel for Mr, Folk, in the Supreme for a writ of certiorari to review the decision of the Police Board. The writ which was issued is mado returnable on the second Monday of September. Tho affidavit upon which the writ was granted recites the story of the charges made by Police Commissioner Py- barn against Mr. Folk, and of the latter's trial by the Board upon them. It also alleges that the charges were not made in good faith, but were the result of a deter- ination to oust Mr. Folk, and were only made in order o give @ color of legality to his dismi SPONTANEOUS COMBUSTION, On Saturday morning a house and barn belonging to Mr. Lelarge, of West Orange, N. J., were destroyed by fire, originating in spontaneous combustion. , The Gre originated in some wpt oats in the barn. Mr, Lelarge and bis family were asleep and wero awakened by U smoke and heat, Nothing was saved from either U house or barn, which were uninsured