The New York Herald Newspaper, October 5, 1875, Page 4

4 THE COURTS. First Day of the Legal Tournament--- Judges and Lawyers to the Front, OPENING CEREMONTES. The Crimina! Calendar—Ten Indictments for Murder in the First Degree. SECOND TRIAL OF SCANNELL FIXED. ‘It was a busy day yesterday in the State Courts, as tt always is on the opening day of the new legal year, The busy feature, however, was not so much in what ‘was really accomplished as laying good the foundations Yor work in the future. In other words, it was getting peady for work. All the judges were in their assigned Placesand looking, without exception, greatly improved In bealth—a pretty sure indication that each has spent wisely and weil his recreation. Lawyers never seemed Po plentiful. Of course there was a good deal of hearty gsc between both members of the Bench and , & Bort of fellow feeling welling up from the nether Aepths of sharply defued professional sympathy, A Ptranger passing through the new Court House would pave thought our courts a great institution; and so they ‘are, but the stranger would get a good deal mixed with- jout ‘a guide, who ought also to unite the other charac- smeristics of philosopher and friend, SUPREME COURT—GENERAL TERM, _ _Inthis court the old, familiar judges who have sat ‘there so long, Judges Davis, Brady and Daniels, were nthe bench. At the opening of the court at half-past | Xen o’clock the room was compact with lawyers One of the attractive features was the expectation that | siecisions would be given in cases argued at the last ‘erm, ‘It was soon announced, however, that the de- | cisions would not be given till Friday, and im | double quick time after that the legal throng thinned ‘out, The Court went right to work on its calendar. “The opening case involved a dispute between billiard table makers and, metaphorically, the Court get the alls rolling, while the counsel in their arguments made some good hits. The only other business coming qbefore the Court was the return to an order to show ‘Pause why Otis F, Hall and George P. Webster should not be thrown over the bar. Their disbarment is asked (pn the alleged ground that they deceived a client | amed John F. Dawson by obtaining from him on false ‘oretences a bond to indemnify the Sheriff for his action An Seizing property at their instance. The Court sus- ‘pended any action in the matter pending the conclusion | of litigation in the Special Term involving similar | Issues, SUPREME COURT—SPECIAL TERM, ’ ‘Presiding in this court was Judge Van Vorst. He talled over his calendar; but at the end, notwithstand- (ng the multiplicity of cases, no one was ready to pro- ‘peed to trial. But there was full compensation in de- yisions sent in by Judges Van Brunt and Van Vorst of tases already tried. The length of the opinions em- | podying the decisions shows that the judges writing ‘hem have been pretty busy during their vacation. As the facts in all the dases were fully given in the Hxratp at the trials it is unnecessary to recite them in detail. Yoremost in importance, or, at least, judging from the spinion, which occupies sixty-five pages of closely written foolseap, is the decision given by Judge Van Brunt in THE OLD UNION COLLEGE SUIT, deing the suit brought by the trustees of Union College | ‘gainst Robert W. Lawler, the agreement out of which the sult arose dating baick twenty | ryears, In 1851 the defendant was the owner of | Mwhat was then known as the ‘Stuyvesant cove property,” the greater part of whieh | was under water and affected by encumbrances. Dr. Beott formed the project of filling the property under prator and selling it; and he made an agreement witn a | ‘trustee of Union College named Holland and the defend- unt Lawler by which they all became copartners in the Property. Lawler and Holland were to pay Dr. Scott '$300,000, and to clear off the encumbrances amounting Bo $112,000, after which each was to have one-third in- ‘terest in the profits of the enterprise, this arrangement ‘to stand only for the portions of the property against Which no adverse claims were established. During the }wo ensuing years large sums were paid to Dr. Scott as wonsideration money and much progress was made In the reclamation, “and meantime adverse claims were entered against portions of the land in Dr. Scott’s pos- Bession. Suits arose out of these claims. By a subse- quent agreement Mr. Holland’s interest ceased and the profits were made equally divisable between Dr. Scott And Mr. Lawler. Bonds and mortgages on the property ‘were afterward given by Mr. Lawler to Dr. Scott, who assigned the same to Union college, and here arose the interest of the latter in the present suit. These bonds and mortgages were given 3s an advance to pay the purchase money and undoubt- edly on account of anticipated profits, and in order that Dr. Mott might assign them to Union College and Inclose them in his trust deed. After reviewing all the =; Judge Van Brunt decides that the plaintiffs are én titled to judgment, be holding that he Union Col- jege received these bonds and mortgages they became “rf that Mr. Lawler defence which he and mortgages in lid securities in their hands, an ‘Pannot even avail himself of an; Jnight have had against these bon ‘the bands of Dr. Mott 4 PARTY WALL LITIGATION, Another important decision, and more jially to Feal estate owners, is one given by Judge Van Vorst, who also writes a lengthy and exhaustive opinion in he well known party wail suit between Janes N. Nash nd George Kemp. The plaintiff is the owner of No. 319 Fifth avenue, and with Mrs. Sarah A. Livermore, yho owned the adjoining lot, entered into a written #8 lot and fourteen inches on that of Mrs, Livermore’s, NEW YORK HERALD, TUESDAY, OCTOBER 5, 1875.—TRIPLE SHEET. were @ great many prisoners, and a motley throng they were, presenting a strange medley alike in na- tionality and color, Hardened wretches it was evident most are, and’ from the slams of the city, Th were brought in handcuffed in couples, but the most of them acted as though they were on a gala day excursion from the ‘Tombs They were not called up to plead, having already pleaded to the indictments against them. Everything was lett to their respective counsel, Mr, William F. Howe rep- resenting in his legal capacity nine of them, and the remainder having as their legal sponsors Messrs. Kint- zing & Mott and Peter Mitchel, The following are the times fixed tor the various trials:— Joseph Frongi, indicted for murder in the first de- gree, on a charge of fatally stabbing John Morrilll rial next Wednesday. Jacob Staudeman, indicted for murder in the first degree, on a charge of killing, by shooting wath a pis- tol, Louisa Sudinwood, ‘Trial next Thursday. ‘homas Sorrell, indicted for manslaughter in the first degree, on a charge of fatally stabbing an un known mau, supposed to be Sumuel Peterson. Trial 14th inst. Henry Rix, indicted for murder in the first degree, on a charge of shooting, with a pistol, John M’Kenna. Trial 12th inst. ‘Thomas Wilson, indicted for murder in the first de- fast on a charge of fatally shooting Alphonso Guerago, Trial next Friday, John Kennedy, indicted for manslaughter, on a charge of killing’ the infunt child of Mary Masterson, ‘Trial next Monday. Bridget Kolly, indicted for murder in the first de- (08 OB & charge of drowning her child. Trial next jonday, George Washington and John Sewell, jointly indicted for murder in the first degree, on a charge of beating to death John Conlon, Trial 14th inst. Samuel Murray and Annie Jane Murray, jointly in- dicted for murder in the first d for ‘fatally stab- bing William Doyle. Trial next Monday. Having fixed the time for the above trials, the Court adjourned till to-morrow, and the prisoners were again remanded to their old quurters iu the City Prison, SUPREME COURT, CIRoUIT. The three circuits of the Supreme Court were all in Session yesterday, but beyoud calling calendars and fining absent jurors nothing was done in Parts 1 and 2, presided over respectively by Judges Barrett and Loew, the latter Judge having been assigned from the Court of Common Pleas to take the place of Judge Vai Brant, Whose continued illness, it is reported, is likely to compel his absence for some time, In Part | 8, held by Judge Donohue, a verdict for $615 95 Was pived in nial of John Brennor, a former officer of | the Court of Common Pleas. The it we brought for | services as such officer and went to the Court of Ap- peals, which tribunal ordered a new trial. MISCELLANEOUS PROCEEDINGS, While Judge Lawrence was culling the calendar in Supreme Court, Chambers, Judge Curtis was doing the satue in Superior Court, Chambers, and Judge Robinson likewise in the Chambets of the Common Pleas, All the court rooms were crowded, and owing to the length of the respective calendars, but little other business was done. In the Superior ‘Court, Trial Term, Part 1, held by Chief Justice Monell, all tue cases were cailed, but no one beimg ready for ‘trial an adjournment was necessary. Judge Sedgwick, holding Part 2, Trial Term, had better luck, He tried one case, in which Joun’ Schreyn, assignee of a claim for $3,000 for building’ a school house, got a ver dict for $1,936, and pretty near finished a second trial. Chief Justice Daly, holding Part 1, Trial Term, of the Common Pleas, disposed of two cases, both being suits against the city. In the first suit, that brought by Thomas Green to recover $150 for supplies to the old Board of Education, the complaint was dismissed under the Kingsland decision, on the ground of exhaus- tion of the appropriation. tu the second suit James | Keenan got a verdict for $155 44 for services in serving notices for Mr. McGregor, late Superintendent of Buildings. Judge Larremore held the Equity Term. He was looking bright as a button, and rattied off some half-dozen inquests with bis usual prompt business despatch. DECISIONS. SUPREME COURT—CHAMBELS, By Judge Lawrence, Sanches vs. Morris.—Memorandum for counsel or | sottiement of case and amendments. | Wentworth vs. Morange.—Memorandum for counsel. People ve. Langdon.—f desire to see counsel about the application in this case, ‘ennedy vs. Brandon Statuary Marble Company.—I desire counsel to attend before me on settlement of the order in this case, Moody vs, Libby.—Order granted. By Judge Barrett, Meriden Tool Company vs. Morgan.—Findings settled. They can be recopied and sent to me for signature, Maas vs. O’Brien.—The within case and amendments are settled, and the clerk is directed to file the same, SUPREME COURT—SPECIAL TERM. By Judge Van Vorst, Nash vs Kemp.—Complaint dismissed, See opin- fon. By Judge Van Brunt. Trustees of Union College vs. Lowber, et al.—Judg- ment for plaintiff. See opinion, Wilkin vs. Crane.—Compluint dismissed. See opin- ion. Heilbrun vs, Racey et al.— Judgment for plaintiff of foreclosure and sale. See opinion. Odell vs. Odell.—See opinion. SUPERIOR COURT—SPECIAL TERM. By Judge Van Vorst | Christopher Spreen” vs. Mina Spreen.—Order | gran The Pennsylvania Railroad Company vs. Rogers et al—Judgment for plaintiff on report of referee, Stevens vs. Smith.—Default opened. Judgment set aside, with liberty to defendants to answer in twenty days ‘on payment of costs of motion and disbursements. ‘ork, receiver, &c., Suller, et al.—Order granted, COMMON PLEAS—SPECIAL TERM. By Judge Leow. Packard vs. Lennou.—I think that under all the cir- cumstances the plaintiff was justified in procuring | another order for the examination of the defendant in sup. , and think no costs should therefore be al- lowed to the defendant. Cantrell vs. Chamberlain. —Order settled. Stevens vs Hersey.—Motion granted. See memo | randum. Morange vs. Wolfsohn.—Motion denied without costs, See memorandum. SUMMARY OF LAW CASES. yesterday issued a decree of libel against the Fulton | ferryboat Winona for colliding with the lighter Ohio. He directed evidence to be taken on the question of In the United States District Court yesterday suit | was commenced for the condemnation of ten cases of | calfskins and one case of elastics imported from | Havana, Cuba, and charged with having been entered under value at the New York Custom House, They were consigned to F. A. Sawyer. The United States District Court, in Admiralty, will open this morning by Judge Blatchford. There’ is pretty heavy calendar and some cases of special u terest. William Hughes, Sr., late a merchant of this city, died in January last, leaving a considerable estat 0 was in the habit of making and destroying wil Sapo by which two incties of the wall was built on r the completion of the plaintiffs building the de- Sendant became the owner of Mrs. Livermore’s Jot and | serected thereoh the Buckingham Hotel. When the de- fendint came to connéct his front wall with tbe party | all he insisted that Mr. Nash had occupied with his fay wall, including the ashlar, more space of the party | than he was entitied to, ‘the defendant claiming /Ahat as to his front wail the plaintitf wus entitled to oc- | cupy of overlap the party wall to the extent of | two inebes bof and up to the southerly line of | is lot, whereas he had covered the same with his front bea to its centre and had in this manner appropriated himself a frontage of six inches of defendant's land, | the defendant commenced to cut away six inches of the | Jaintiff’s ashlar lymg immediately south of the centre | ine of the party wall when he was restrained by an in- | | junction and suit brought by Mr. Nash to prevent any MGoterference with the wall. Judge Van Vorst holds that "a party wall never advances to the line of the Btreet, that the land covering this space should be | jexclusively enjoyed by its owners and occupied by | (them according to the boundary lines of their lots in ‘the construction of their fronts; that a person encroach- ‘ng upon the land of another by the overlapping of a all cannot resist the claim of the latter on the same ‘ound, that the owner was silent during the progress | f the encroaching structure; that the owner is not ‘estopped by his silence from recovering his gorse | | nd that the annoyance and expense to the plaintiff | furnishes no satisfactory reasons for restraining the de- j Yendant from the exercise of his right to the enjoyment | of bis property. He therefore dismissed the complaint. ‘THR RETRIAL OF SCANNELL In along tine there has not been such a large crowd | pin attendance as yesterday at the Court of Oyer and | erminer. Judge Barrett wason the bench, looking | |Mbe picture of firmly restored health. It had been pre- Feiously announced that no cases would be called. for (g@rial, but only arrangements made for the time of trial in homicide cases. Of course, foremost in importance the case of John Scannell, indicted for murder in he first degree, for shooting John Donohue at Jobn- 8 pool rooms. He was present, looking im fine ealth, much better in fact than when first arraigned for trial in the same court room some two years ago. je was seated by his counsel, Mr. William A. Beach, ‘iliam F. Howe and Peter Mitchel, He chatted with am ir.of gay indiflerence with the lavter two and with the a8 tatives of the press whose acquaintance | had formed during his court experienc | District Attoeney Phelps said be had requested coun- | for Jon Scannell to be ready. He was ready to Almost any suggestion 80 a8 to fix the case for Mr. Beach proposed that the case go over to next th for meritorious reasons on the part of the An important witness bas removed wy Ha | but with a promise to return, bis tees for attend. ‘having been paid in advance, and they had not able to communicate with him for some time, but repeated assurances from him after he left the eny he would attend, The election, too, might inter. ore with the convenience of some of the counsel. though Scannell was suffering in jail, he was por nally willing to await any disposition of bis case by is counsel. suggested that as the prisoner's health a ir coOeee it would be better to go to court ly. hastened to assure the Court that he was ‘sod oy wetted bd that the confinement ‘wecu rather favorable to the prisoner's health. As Scannell’s mental condition, he however, own opinion, After some further discussion tho ‘wus set dows for trial om the second Monday in mouth, TRIALS TY OTHER The ope Corner in the Court of Oy: rarely 60 well filled as yesterday. There | to conviet him. ecaieids WASHINGTON PLACE POLICE COURT. | | 1901, 1903, 1965, 1907, 1909, 1911, 1915, 1917, 1919. Part In the United States District Court Judge Blatchford | 2659, 2849, 2009, street, was walking through West Thirtieth street on Sunday afternoon, in the neighborhood of Tenth avenue, when he was attacked by a man named Thomas Devine, of West Thirty.seventh street, one of the so-called away. Goodwin followed the thief for a block or more, but he failed to catch him, as some of Devine's asso- ciates intercepted and balked him till the fugitive man- aged to escape out of sight, Devine, however, was ar- rested yesterday morning by Officer Murphy, of the Twentieth precinct, and brought before Judge Wandell, at the above court. When the complainant appeared yesterday afternoon he was somewhat under the influ- ence of liquor, and on being questioned by Judge Wan- dell concerning the cause of his intemperance he an- swered, “Yer Honor, when I went home on Sunday night and a blackguarding that I weatout and drank for spite,” Devine was committed in $1,000 bail to answer at General Sessions. ESSEX MARKEY POLICE COURT. Before Judge Smith, CAPTURE OF TWO DESPERATE RIVER PIRATES. Early yesterday morning William Davidson, a col- ored watchman on board the bark Iris, lying at the pier foot of East Third street, noticed a small boat con- taining four men approach the bark, and on turning the bull’s-oye lantern which he carried toward the boat, the light thus thrown showed him that these men were at work trying to cut the hawser which fastened the bark to the pier. He called to them and then fired his revolver in the direction of the small boat, upon which one of the men in the boat fired three shots at him. The gang then pulied out into the stream, In the mean- time Davidson called on OMcer White, of the Eleventh precinct, for assistance. That of- ficer came on ‘board tho bark immediately. Shortly after his arriva! the four men returned in the boat, and two of them climbed on board the vessel ox- pecting to be able to overcome tho watchman with lit- Ue trouble. Otticer White and Watchman Davidson, after a short struggle, managed to secure the two men and bring them to the Union Market station house, where they gave their names as Edward Dufly and John McQnade, aged twenty-one and twenty-two years re- spectively, ‘The other two men who were in the small boat escaped in the darkness, The prisoners were ar- Taigned at the above court yesterday and were held in $1,500 bail each to answer. Edward Duffy was identi- fled by Watchman Davidson as the man who fired the three shots at him, POLICE COURT NOTES. James Hillett was arrested by Officer Larkin, of the Seventh precinct, yesterday morning while attempting to make his escape through the vault light in front of No, 42 Market street, which house he had burglariously entered. Hillett, on whose person was found a ‘Simmy,” skeleton keys and other burglarious imple- ments, was committed by Judge Smith, at Esgex Mar- ket Police Court, yesterday, in $1,000 bail to answer, A station house lodger named John Power on leaving the Seventeenth precinct station house on Friday morning last, where he had slept the night previous, took with him a hat, coat and umbrella, valued in all at $7 50, the property of Doorman Patrick F. Moore. Officer Moore met Power in the street yesterday with the stolen hat on his head and took him into custody, Power was beld by Judge Smith in $200 bail to answer. At the Tonibs Police Court yesterday Albert De Wad- haus, an alleged peripatetic vender of obscene pictures, | was arraigned on complaint of Anthony Comstock and | held in $1,000 bail to answer, ‘A young man, giving the name of George Williams, was brought before Justice Otterbourg yesterday on | complaint of Julius Schattman, of No, 247 West street, who charged that while riding on a crosstown car on Sunday night the prisoner robbed him of a watch val- ued at $35, The accused was arrested and the watch found in his possession by Oflicer Crawford, of the Fiith precinct, Mary Waters, keeper of a low den at No. 44 Baxter street, was charged with being the proprietress of a dis- orderly house at the above number, and held to | answer, COURT CALENDARS—THIS _DAY. Supreme Covrt—Cuamurns.—Held by Judge Law- rence,—Nos. 264, 16, 26, 36, 42, 45, 46, 48, 56, 80, 94, 160, 107, 108, 120, 128, 129, 133, 135, 142, 143, 150, 156, 182, 217, 221, 255, 265, 266, 270, 271, 273, 273, 274, 275, 276, 279, 280, 281, 282,'283, "285, Svrreme Court—Gixerat Term.—Held by Judges = 1 Care Daniels. —Nos. 3, 9, 13, 17, 19, 25, 26, , 38, 41, 50, 51, 52, 56, 60, 70, 71,’ 81, 84) 85, 86) 87, 88, 89.” ‘ eis: td Sopremk Covnt—Srrciat Term—Held by Judge Van Vorst.—Demurrers--Nos, 17, 18, 31, 32. Law and fact—Nos. 51, 338, 271, 149, 478, 424 156, 403, 490, 102, 547,'549, 650, 551, 552, 553, 654,’ 565, 557, 598, 559, 560, 561, 563, 564, 565, 568, 568, 569, 570, 571, 572, 573, 574, 575, 576, 677, 579, 580, 581, 582, 583, 584, 585, 586. Surreme Covrt—Circurr—Part 1—Held by Judge Barrett.—Nos. 523, 1859, 1861, 1863, 1865, 1867, 1871, | 1877, 1879, 1881, 1888, 1885, '1887, 1801,’ 1897,’ 1809, | 578, 2—Held by Judge Loew.—Nos. 1486, 898, 1176, 2335, | 1468, 1454, 3134, 3190, 15764, 1452, 1972," 1592, 1124, 1434, 1438, 1440, 2708, 920, 678, 2804, 1138, 178, 1308, 45234, 956.’ Fart 3—Meld by JudgeDonohue.—Nos. 949, 98734, 3039, 1208, 2788, 1775, 1777, 2819, 674%, 67544, 1250 | 1275, 1597, 1637, 123i, 1165, 157934, 1397, 1557, 869, 279, 69. 1853, 1735, 1401, 1021, 1029, 1327, 1252, '1749, 363, , 8049, 1459, 2301, 621, 623, 1695, 2081, 655.4, 65734, 46134, a 1137. 23, 2749, 24314, Towse 169, 2483," 899 5s, Scrrmion Court—GzxeraL Texa.—Adjourned until Monday, October 11. Common PLeas—Equity Texm—Held by Judge Larre- more.—No. 72. Svrxrion Court—Tnrat Tenm—Part 1—Held by Judge Monell.—Nos. 675, 849, 963, 827, 681, 1409, 711, 725, 817, 713, 787, 661, 701, 6TL Part 2—Held by Judge Sedgwick —Nos.'1116, 1218, 788, 588, 814, 1478, 838, 784, 62, 712, 696, 398, 620, 676, 706, | Common Preas—TuiaL Tex—Part 1—Held by Chief | Justice Daly.—Nos. 1431, 1136, 723, 1069, 739, 2511, | 1293, 1354, 184, 837, 1087, 1003, 450, 119, 1002, Part 2— | Held by Judge's. F. Dal: ‘os, '487,'523, 1458, 2388, | 1470, 2690, 1902, 232034, 1616, 1517,'1518, 1519, 1520, | 1622, 1628. Maxine Court—Trra Term—Part 1—Held by Judge | Alker.—Nos, 4143, 4144, 3211, 9431. 3206, 8212, 4525, | 4877, 5006, 5090, 5030, 3042, 3584, 2012. Part 2—Held | by Judge 'Joachimsen.—Nos. 5089, 4939, 4952, 1938, , 2839, , 2910, 2333, 2454, 8500, 3839, 4449, 4450, 4924. Part 3—Held by Judge Spaulding.—Nos. 8380, 4959, 4977, 4808, 5119, 6188, 4704, 4747, 4870, 5031, 5039, 5038, 4690, 4693, 1505. Court oy GrNgRaL Sxssions—Held by City Judge Sutherland.—The People vs. Julia Mosby, robbery; Same vs. William Tuile, felonious assault and battery; | Same vs. Henry Frank, rapo; Same vs. John Fay, bur- | gary; Same vs. John’ MoCarthy, forgery; Same vs, john Gibson, grand larceny; Same vs. Kate Monahan, | nd larceny; Same vs. Frank Rielly, grand larceny; | ame ys. Jolin W. O’Donell, grand larceny; Same vs. Ernest Rasmisan, grand larceny; Same vs, Robert | Hill, grand larceny; Same ys John Sullivan, assault and batgery; Same vs, Thomas Loyd, assault and bat- tery; Same vs. James ¥. O'Neil, assault and battery; Same vs. Jack Cifurles Tach, William Schultz, August Geringer, gambling. COURT OF APPEALS. ALBANY, Oct. 4, 1875, forming members of his family of hisaction. This com- Heated matters so that a proceeding, in its nature jendly, between the parties, was instituted before the Surrogate’s Court by Messrs. Jacob and Sink, who rep- resent the petitioner, and Mr. S, H. Thayer, represent- | ing the widow, to ascertain whether any Will he had | made was still in existence, in order that application could properly be made for adininistration on his estate | on failure to find a will. Judge Sutherland opened the October term of the General Sessions yesterday with the usual address to the Grand Jury, as required by the statute, No special cases of importance were referred to. COURT OF GENERAL SESSIONS. Before Judge Sutherland. SENTENCES, William Fitzsimmons was yesterday convicted of stabbing John Callahan on the morning of September & Sentenced to the State Prison for three years. Luke Croker was charged with having committed an assault upon Anne Kenny at her residence, No. 320 Broome street, on the 16th September last’ The jury found him guilty and he was sentenced to the Peniten- tiary for three months, Lewis Wild, fourteen years old, indicted for grand, larceny, pleaded guilty to petit larceny and was sent to the House of Retuge. John Murphy, who was charged with entering the | premises of Hermon Moonasch at No, 403 Eighth ave- nue and stealing therefrom wearing apparel valued at $10, was discharged, as there was not suilicient evidence Bofore Judge Wandell A MURDEROUS HUSBAND. Between twelve and one o'clock yesterday morning Michael Mulligan returned to bis home on the second | ang immunities of citizenship. The aier floor of No. 213 West Twenty-seventh street in a beastly stato of intoxication. He turned on his wife, who had just recovered trom a severe fit of sickness, ‘and commenced to beat her about the head and body with big fists, The poor woman ran toward the win- dow with the intention of calling for help, when the | en brute seized her around the waist, and lifting ira bodily in his arms threw her out of the window. Mrs. Mulligan fell to the basement below, a distance of thirty f cer Taal of the Jeth precinct, su! terribly from the injuries received, but conscious. She was ret - iin fi of Thirty-seventh street __ station the was taken to Bellevue Hospital, Michael Mulligan, | the husband, was arrested by Officer Bakey and was Arraigned at’ the above court yesterday. He was suill | under the influence of liquor when brought before the | magistrate, and would give only incoherent replies to the questions asked bim by the Judge in answer to the | charge preferred against him. He waa committed with- out bail to await the result of his wife's injuries. As Indge Wandell was informed by Officer Baker that Mrs, Mulligan seemed unwilling to make a complaint against her husband, he instructed that officer to watch the case, and if Mrs. Mulligan was able to leave the hospl- tal at any time to at once bring her before him, that & proper complaint might be taken and her husband be punished as he deserved, A BOLD THIEF CAPTURED. ring etill | Argued by William Allen Butler, of counsel for appel- dants, and ¥ No, 134. ‘bere she was subsequently found by OM. | No. 140, John McGarry, by James MoGarry, his guar- dian, respondent, vs. John T. Loomis and others, appel- | lants.—Argued by D. P. Barnard, of counsel for appel- lant, and by Homer A. Nelson, for respondent. No. 141, James O'Brien, Sheriff, &c., respondent, va, ‘The Commercial Fire Insurance Company, appellants, — A. J. Parker, for respondent. hitney Arms Company vs. Barlow.—Mr, W. W. McFarland argued this cause to-day on the part | of the appellant as directed on Friday last. Adjourned, CALENDAR. The following is the day calendar for Tuesday, Octo- ber 6:—Nos. 142, 146, 150, 151, 164, 124, 119, 144. WOMAN SUFFRAGE. OPINION OF THE SUPREME COURT OF THE UNITED STATES ON THE RIGHT OF WOMEN UNDER THE NEW AMENDMENTS TO THE CONSTITUTION TO VOTE—THE RIGHT OF SUFFRAGE NEVER CON- FERRED BY THE CONSTITUTION ON ANY ONE. Wasuinaton, Oct. 4, 1875, In the case of Virginia L. Minor and Francis Minor, her husband, plaintiff in error, v8. Reese Happersett, in error to the Superior Court of the State of Missouri, Chief Justice Waite delivered the opinion of the Court, After proceeding to demonstrate that from the founda- tion of the government of the United States women | have been considered as citizens the learned justice | said:— ‘Tenth avenue gang, who snatched his watch and ran | | not Le denied or abridged by the United States, or by any | right of suffrage. by law, make or alter such regulations, except as to the place of choosing Senators, (Art. I, sec. 4) It is | not necessary to inquire whether’ this power of | supervision thus given to Congress is suflicient | to authorize any interference with the State laws ‘escribing the qualifications of voter, for no such in- terference has ever been attempted, The power of the | State in this particular is certainly supreme until Con- | gress acts, The amendment did not add to tho | privileges and immunities of a citizen. It simply | furnished an additional guarantee tor the protection of such as he already had. No new voters were necessa- rily made by it Indirectly it may have had that effect, because it may have increased the number of citizens entitied to suffrage under the constitution and laws of the States; but it operates for this purpose, if at all, through the States and the State laws, and not directly upon the citizen, It is clear, therefore, we without my watch my sister gave me such a scolding | think, that the constitution has not added the right of suffrage to the privileges and immunities of citizenship as they existed at the time it was adopted, This makes it proper to inquire whether suflrage was coextensive with the citizenship of the States at the time of its adoption. If it was, then it may with force be argued that sufirage was oho of the rights which belonged to pevenpece na in the enjoyment of which every citi- wen must be protected. But if it was not, the contrary may with propriety be assumed, ORIGINAL STATUS OF THE STATES. When the constitution of the United States was adopted all the several States, with the exception of Rhode Island, had constitutions of their own, Rhodo Island continued to act under its charter from the Crown. Upon an examination of those constitutions we find that in no State were all citizens permitted to vote, Each State determined tor itself who should have that power. After citing instances of such action on the part of the different States, the opinion proceeds thus:— In this condition of the law in respect to suffrage in the several States it cannot fora moment be doubted that if it had been intended to make all citizens of the United States voters the framers of the constitution would not have left it to imphcation, So important a change in the condition of citizenship as it actually ex- isted, if intended, would have been expressly declared, But, if further proof is necessary to show that no such change was intended, it can easily be found both in and out of the constitution. By article 4, section 2, it is provided that ‘the citizens of each State shall be entitlea to all the privileges and immunities of citizens in the several States. If suf- frage is* necessarily a part of citizenship, then the cilizens of each State must be enutled to vote in the several States. This is more than asserting that they may change their residence and become citizens of the State and thus be voters, It goes to the extent of insisting that while retaining their original citizenship they may yote in apy State, This, we think, ha pover becn claimed, And again, by the very torfas of the amendment we have been consider- ing (the Fourteenth), ‘Representatives shall be appor- tioned among the several States according to their re- spective numbers, counting the whole number of per- gous ineach State, excluding Indians not taxed. But when the right to vote at any election tor the choice of electors for President and Vice President of the United States, representatives in Congress, tho executive and judicial officers of a State, or the members of the begislature thereof is demed to any of the male inhabitants of such State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in the rebellion or othec crime, the basis of representation therem shall be reduced in the proportion which the number of such male citizens shail be-r to the whole number of male citizens twenty-one years of age in such State.” Why this, if it was hot in the power of tho Legislature to deny the right of suffrage to some male inhabitants? And if suffrage was necessarily one of the absolute rights of citizenship, why confine the operation of the limitation to male inhabitants? Women and chil- | dren aro, as wo have seen, “persons.” They are counted in the enumeration upon which the apportion- ment is tobe made, but if they were necessarily voters because of their citizenship, unless clearly excluded, | why inflict the penalty tor the e: on of males alone Clearly no such form of words would have been se- lected to express the idea here indicated it suffrage was the absolute right of all citizens. And still again, alter the adoption of the Fourteenth amendment, it Was deemed necessary to adopt a fit teenth, as tollows:— ‘The right of citizens of the United States to vote shall State, on account of race, color or previous condition of ser- vitude, The Fourteenth amendment had alreaay provided that no State should make or enforce any law which should abridge the privileges or immunities of citizens of the United States. If suffrage was one of these privileges or immunities why ameud the constitution to prevent its being denied on account of race, &c. ? Nothing is more evident than that the greater must include the less, and if all were already protected why go through with the form of amending the constitution Lo protect a part A REPUBLICAN FORM OP GOVERNMENT. It is true that the United States guaranteds to every State a republican form of government (art, 4, sec. 4). It 1s also true that no State can passa bill of attainder (art. 10, sec. 10), and that no person can be deprived of lite, liberty or’ property without due process of law (Amendments). All these several provisions of the constitution must be construed in connection with the other parts of the instrument and in the light of the surrounding circumstances. The guaranty is of a republican form of government, No particular govern- ment 18 designated as republican; neither is the exact form to be guaranteed in any manner especially desig- nated. Here, as in other parts of the instrument, we are compelled to resort elsewhere to ascertain what was intended The guaranty necessarily implies a duty on the part of the States themselves to zl such @ government. All the States ad governments when the constitution was adopted. In all the people participated to some extent | through their represontatives elected in the manner specially provided. These governments the constitu- tution did not change. They were accepted precisely as they were, and it is, therefore, to be presumed that | they were as it was the duty of the States to provide. Thus we have unmistakabie evidence of what was re- publican in form, within the meaning of that term as ‘employed in the constitution. As bas been seen, all the citizens of the States were not invested with tho In all, save perhaps New Jersey, this right was only bestowed upon men, and not upon all of them, Under these circumstances it is certainly now too late to contend that a government is not republican, within the meaning of this guaranty in the coustitution, because women are not made voters. The same may ‘be said of the other provisions just | quoted. Women were excluded from sulfrage in nearly | ail the States by the express provisions of their consti- tutions and Jaws. If that had been equivalent to a bill of attainder certainly its abrogation would not have been left to implication. Nothing less than express nguage would have been employed to effect so radical achange. So also of the amendment which declares | that no person shall be deprived of life, liberty or property without due process of law, adopted, as it was, as early as 1791. If suffrage was intended to be in- to express that intent would most certainly have been | employed. The right of suffrage, whon granted, will be protected. He who has it can only be deprived of it | by due process of law, but in order to claim protection | he must first show that he has the right. PROOF OUTSIDE THK CONSTITUTION, But we have already sufficiently considered the proof | found upon the inside of the constitution, That upon | the outside is equally effective. The constitution was | submitted to the States for adoption in 1787, and was ratified by nine States in 1788, and finally by the thir- teen origiaal States in 1790. Vermont was the first | new State admitted to the Union, and it came in under | @ constitution which conferred the right of suffrage only | upon men of the full age of twenty-one years, having | resided in tho State for the space of one whole year | next beforo the election, and who were of quiet and | ceable behavior, This was in 1791. The next year, | 1792, Kentucky followed, with a constitution confining the right of suffrage to free male citizens of the age of twenty-one years, who had resided in the State two years or in the county in which they offered to vote one year next before the election. Then followed Tennessee, in 1796, with voters of freemen of the of twenty-one years and upward, possessing a freehold in the county wherein they may vote, and being inhab- itants of the State or freemen, being Inhabitants of any one county in the State six months immediately pre- ceding the aay of election. But we need not particular- jze further. No new State has ever been admitted to the Union which has conferred the right of suffrage upon women, and this has never been considered a valid | objection to her admission. On the contrary, as is claimed | in the argument, the right of suifrage was withdrawn from women as early as 1807 in the State of New Jer- sey, without any attempt to obtain the interferenco of the’ United States to prevent it, Since then the gov- ernments of the insurgent States have been reorgan- ized under a requirement that before their representa- tives could be admitted to seats in Congress they must have adopted new constitutions, republican in form, In no one of these constitutions was suffrage conferred | on women, and yet the States have been restored to their original position as States in the Union. Besides this, citizenship bas not in all cases been made a cons tion precedent to the enjoyment of the right of suffrage, Thus, in Missouri, persons of foreign birth, who have | declared their intention to become citizens of the | United States, may, under certain circumstances, vote, ‘The same provision is to be found in the constitutions of Alabama, Arkansas, Florida, Georgia, Indiana, Kan- The Fourteenth amendment did not affect the citizen ship of women avy more than it did of men. In this) | particular, therefore, the rights of Mrs. Minor do not | depend upon the amendment. She has always been a | citizen from.her birth, and entitled to all the privileges ment prow | hibited the State, of which she is a citizen, from abridg. | ing any of her privileges and immunities as a citizen of | the United States, but it did not confer citizenship on | ber. That she had before its adoption. If the right of suffrage is one of the necessary privileges of a citizen | of the United States, then the constitution and laws of Missouri confining it to men are in violation of the | constitution of the United States, us amended, and con sequently void. The direct questiou is, therefore, pret sented whether all citizens are necessarily voters, ‘The constitution docs not define the privileges and immunities of citizens. For that detiniuon we must | look elsewhere, In this case we need not determing | | what they are, but only whether suffrage is one them. It certainly is nowhere made so in expross term: ‘The United States bas no voters in tho States of ii own creation. The elective officers of the Unita States aro all elected directly or indirectly by Stat voters. The members of the House of Hepresentativ are to be chosen by the people of the States, and th electors in each State must have the qualificatio requisite for electors of the most nunrérous branch df | the State Legislature, (Art. 1, seq 2, Constitatio Senators are to be chosen by the Legislatures of th States, and necessarily the members of the Logis! ture required to make the choice are elected the voters of the State, (Art 1, sec. 3) Ei State must appoimt in such pner a8 the Legistatut thereof may direct, the electors to elect the Preside: and Vice Prosident, (Art. 2, sec, 2) The tim eo and manner of holding elections for Senators ai Frank Goodwin, of No, 606 West Forty-third prosentatives aro to be prescribed in each State bj the Legislature thereof, but Congress may at any img | suffrage upon any one, and that the constitutions and | laws of the several States which commit that itnportant sas, Minnesota, and Texas. Certainly if the courts can consider any question settled this is one, For nearly ninety years the people have acted upon the idea that the constitution, when it conferred bsg did not necessarily conter the right of suffrage, If uniform practice long continued | can settle the construction of so important an insurue ment as the constitution of the United States con- fessedly is, most certainly it has been done here, Our province is to decide what the law is, not to declare what it should be, We have given this case the careful consideration its importance demands. If the law is wrong it ought to be changed, but the power for that is not with us. The segaments addressed to us bearing upon such a view of the subject may perhaps be sufficient to induce those baving the power to tnake the alter- ation, but they ought not to be permitted to influence our judgment in determining the prosent rights of the par- Yes litigating before us No argument as to women’s need of suifrage can be considered, Woe can only act upon her rights as they exist. It js not for us to look at the hardstip of witholding, Our duty is at an end if wo find it 18 wifiin the power of a State to withhold. Being unanimously of the opinion that the constita- tion of the United States does not confer the right of trust to men alone are not necessarily void, we aflirm the judgment of the court below. MORE RING TROUBLES. Judgments in foreclosure at the suit of the Mutual Life Insurance Company against Thomas Ficld wero yesterday filed in the Gounty Clork’s office, The prop- erty is situated at the corner of Eleventh avenue and | sojourn in the city he would try and make their visit | mittee of five be appointed to present io the Conven- | tion suitable names for permanent officers, which was | Richmond; 7, H. William: cluded Within its obhgations language better adapted | tect FIREMEN’S CONVENTION. ecient CHIEF ENGINEERS FROM VARIOUS CITIES SESSION. The third annual Convention of the Chicf Engi- neers of the several Fire Departments throughout the United States opened yesterday at noon at Fire- man’s Hall, Mercer street, Henry Clay Saxton, Chicf Engineer of the Fire Department of St. Louis, presided, and P, H. Raymond, of Cambridge, Masa, acted as Sec- retary. Upon the moeting being caltd to order, about one hundred delegates were found to be present, among whom were Chief Martin Cronin, of Wash- ington, D. ©.; Chief H. A. Green, of Boston; Chief M. McFadden, Memphis, Tenn. ; Chief W. H. Johnson, Philadelphia; Chief W. A. Hills, Rome, Ga; Chief Matthew Benner, Chicago, Ill; Chief John Baulch, Fortress Mouroe, Va; Chief 0. E. Green, Providence, RL; Chief James Hill, Cleveland, Ohio; Chief A. 0, Hendricks, New Haven, Conn.; Chief Henry Lippert, Milwaukee, Wis.; Chief W. Asseuburg, Trenton N. J.; Chief Frank Smith, Augusta, Ga; Chicf George Hob- Son, Lowel Mass. ; Chief George A. Ainslee, Richmond, Va. and ex-Chief Engineer and Captain of the Insur- ance Watch of Philadelphia Terrance McClusky, President Saxton, upon calling the mecting to order, made quite a lengthy address welcoming the delegati and said that while he had tho proud satisfaction of Tepresenting a city (St. Louis) which was in time to be ‘THE PUTURK CAPITAL OF TUR UNITED STATES (laughter)—he had also the gratification of representing the finest city in the world and the most perfect fire department in the States, He regretted to see that the In many pleasant faces that were visible at St, Lows last | year were now absent, as they had been substituted in any instances by others, through politics, aud he deeply regretted the fact. ‘He was a bitter opponent of politicians in fre departments, and he hoped the day would come when the people would put a stop to either party using the firemen to further their own ends. He then reviewed the mode of extinguishing fires, showing the great improvements that had been made since tho times of tho old bucket companies, and in conclusion he called the attention of the Convention to the fact that the first regular business was that of electing per- manent officers. Mr, Raymond moved that the rules be dispensed with, and that Eli Bates, Chief Engineer of the New York Fire Department, be elected President by acclamation, which was carried. Chief Engineer Bates, upon taking the chair, thanked them for the very flattering compii- ment pald him, and assured them that during thoir as pleasant as possible, but he regretted that press of business would prevent him from accepting the posi- tion, as he could not give the Convention the time that it required, and therefore would most respectfully de- cline the honor, Mr, Raymond then moved that. a com- adopted, and the Chair appointed the following com- mittce:—W. A. Green, Boston; A. C. Hendricks, New Haven; L. 8. Gibson, Rochester; Matthew Benner, Chi- cago, and Martin Cronin, Washington. FINANCIAL AND COMMERCIAL ieeetionmieiie |The Tendency of Prices—Stocks Lower—A Break in Missouri Pacific. 20 CURRENCY WORTH ONLY(%85. Gold 117 a 117 3-8—Money 2 1-2 and 3% Per Cent on Call—Railroad and Govern.” ment Bonds Generally Steady. Want Street, Monpay, Oct. 4—6 P. M. There are still signs of a restless fecling in and around Wall street. Noone can give the reason why, but there is a vague expectation of something yet to occur that may cause further depression in values. Perhaps the immediate influence is due to the weakness of Union Pacific, which, after along season of firmness at about 71 and 73, has declined to 68% ; or toa similar condition in Missouri Pacific, whiclt has suddenly shaken confidence by ranning down, within a week or ten days, from 45 to 28—the panic price—and by a loss since yesterday of 744 per cent. Or the cause may be found in the belief, now beginning to take firm hold o the financial mind, that all property is seeking a level corresponding with the necessities of the times. The failures of savings banks, the breaking up of mer chants, the sales of goods below cost, the foreclosure o mortgages, the sacrifices made to obtain money and pay debts, the struggles of those who for eight or tom years havo been carrying loans—these are certainly not bright features of the situation and are not sug, gestive of early improvement, As a natural conse. quence faith has weakened, capi‘al is shy, dulness rules, few care to speculate where the play against them is with loaded dice and the market is left to the manipa- lation of brokers, who, in the absence of legitimate trade, are forced to gamble with each other in order to pay office expenses, THE STOCK MARKET. The principal feature of the day, as above indicated, Was an active speculation in Missouri Pacific, the open- ing price of which was 36, the lowest 28 and the closing. Price 29, On the street the cause assigned for this re- markuble decline in a6 per cent stock that has here- tofore been in fair repute is the improbability that ite next dividend—due this month—will be paid, From officers of the company, however, we learn that so far Joseph L, Perley, President of the New York Fire Department, was then introduced to the Convention | and made a short speech, in which he alluded to the | great benefit that wus derived by the several Chief E: gincers meeting together and interchanging views, which gave a better opportunity to learn the many improvements that were constantly being made in fire implements; and on behalf of the Fire Commissioners he bid them a hearty welcome, and stated that it would afford them great pleasure to make the visit of the del- egates pleasant during thoir sojourn in the city. George T. Hope, an insurance representative, then made a few remarks. He undertook to show why there ‘Was so much rivalry among the paid firemen, and con- tended that if Chief Engineer Bates did not look out he would find that THR NEW YORK FIRE DEPARTMENT would soon be behind some of our Western cities. He was satistied, however, that things were being brought down to such a pomt that ere long what is now called a conflagration will be unknown. He spoke of the importance of firemen watching the construction of buildings, also of discipline in adepurtment. Ho concluded by hrc them the Board of Unider- writers was with them in all that was beneficial and of interest to the public $008. ‘The Committee on Permanent Officers then reported the following namos, which were unanimously adopted :— President, A. C. Hendricks, of New Haven, Conn; Vice Presidents, Eli Bates, of Now York; Frank Smith, of | ‘Augusta, ‘Ga; M. MeFadden, of Memphis, Tenv.; | James Battle, of Detroit; 0. E. Greon, of Providenc . X. Chuse, of Bloomington, Ill; Henry Hetnmille of Columbus, Ohio; Henry Lippert, of Milwaukee, Wi: H. E. Peck, of Louisville; D. H. Kerns, Mobile, of Ala. ; Thomas C. Connor, of New Orleans; J. G. Doogan, of K of Newport, Ky.; George McCall, of Wilmington, Del. ; and Martin Cronin, of Wash- ington, D, C.; Recording Secretary, P. H. Raymond, of Cambridge, Mass. ; Corresponding, Secretary, Henry A. Hills, of Rome, Ga. ; Treasurer, Thomas F. Nevins, of Brooklyn, N. Y. THE CHILDREN’S FRIENDS. PROTECTING THE RISING GENERATION FROM CRUELTY. A meeting of the Board of Managers of the New York Society tor the Prevention of Cruelty to Children was held at the rooms of the society, No. 860 Broadwa: yesterday afternoon, Frederic De Peyster in the cha’ There was also present President John D. Wright, Beary Bergh, Charles Haight, James Stokes, Harmon Hendricks, William L. Jenkins and Elbridge T. Gerry. After the reading of the minutes of the previous meet- ing tho Secretary presented and read a lengthy report as to the workings of the society since tho last meeting, Complaints received, 101; complaints investigated, 82; cases prosecuted, 25; children sent to institutions or provided with homes, 21. Tho most important cases in which convictions have been secured by the efforts of Robert F, Bixby, attorney for the society, are as follows:—An inhuman father for beating his little son, nino years old, over the head with a shovel—three months’ tinprigonment, A woman for beating and an | attempted abduction of a little girl tive years old—six | months’ imprisonment, Miles Bradley, for inhumanly | beating his little niece, Nellie Boyle, ‘eight yours old, | with a hoop containing nails—ten days City Prison. | Little Nellie has buen sent to the Roman Catholic Pro- | ory. t ‘A number of organ grinders have boen convicted for | having in charge little children for begging, &c., and | the parents for letting oat those children. In each | case the offenders have been fined $50. The case of the | orphan boy, Henry Henken, has been brought to a sue- | cessful close by the appointment by Judge Loew of | Henry Kugeler guardian, and ho has filed his bonds in | the sum of $30,000. The boy is slowly recoverin, is hoped he will yet become izen, saved by the society from a rave, A large amount of routine business was dis; of, during which a very animated discus- sion arose aa to the proper steps to be taken to sup- press treet begging by children. The President, Jonn . Wright, stated that numbers of children had been found who had followed the business for two _and three years; and he had no doubt that from this, in a measure, came the great number of tramps, which so infested the country during the past summer, The whole matter was finally referred to Mr. Eibridge T. Gerry, counsel to the society, to report as to what legislation was necessary to prevent the growing ovil, ¢ Board then elected upward offifvy new members, Including ® number of ladies, and adjourned to meet the first Monday in November. and it NEW RAILROAD OPENING. The first train on the newly completed section of the New York, Boston and Montreal Railway left High Bridge yesterday morning at nine o’clock for North Yonkers and way stations. On the train were Messrs, John Q Hoyt, William B. Ogden ana several invited guests, The stations beyond High Bridge are in order as follows:—Morris’ Dock, Fordham Landing, Farmer's Bridge (Jerome Park), King’s Bridge, Van Cortland (Woodlawn Cemetery), Mosholu Avenue, Highland Avo- nue, East Yonkers, Mott station and North Yonkers, which was reached at ten minutes to ten, the road hav- ing been traversed in a leisurely manner to allow the guests an opportunity to view the country. At North Yonkers the train was met by Mayor Masten, the Com- mon Council of the city and a large number of citizens, No formal speeches were made, but the Mayor con- gratulated Mr. Hoyt on the completion of the road, and together with the Council and about 100 of the leading men of Yonkers entered the and the party ‘were soon in motion on the return trip to High Bridge, The people of Westohester county are much pleased atthe addition of this new facility for reaching the metropolis, rightly deeming that it cannot fail to at- tract publip attention to.the localities ee which it passes. The road runs very smoothly, the rolling stock is of the best quality, the cars seating sixty-four persons each, and the engines being from the shops of the best makers, The trains that leave the Grand Central depot P. M., will connect at High ghey with the new road, Downward trains will connect at High. Bridge with the trains that leave there for the Grand Central depot at 8:00 and 11:42 A M.,and3:27 P.M. A full schedule will be published on Monday next, THE CUSTOM HOUSE. ‘Tho hundreds of applicants for office in the Custom House are anxiously awaiting the dismissal of Mr. William Haw’s protégés, It was reported in the Custom House yesterday that all Haw’s friends and sym. pathizers now employed aro to be turned out as soon as possible, Haw is reported to have obtained 193 appointments in the past seven years. The subject of jaw’s disaffection of the leading topics of con. yersation in the Custom House. The Haw party look forward to being revenged when the Congressional Customs vindhowge, tea holds its sessions, lis pando at Deputy Surveyor Samuel Maddox’s visit to Europe is not altogether unoflicial He ta ace companied by Inspector Alonzo Bliss, at 9:10 A. M. and 2:25, 4:30 and 6:20 | as its business prospects are concerned there is-no rea- son for any deterioration in the value of its shares and that they have every reason to believe no default will occur. They do not pretend to account for the present raid and are apparently as much surprised as are the unfortunate holders of the stock who see the figures going against them with such rapid strides. Advices from St, Lous, telegraphed here in response to inquiries, corroborate these statements, Tho total num- ber of shares held in thiscity is believed to be about $,000 The sales to-day were inthe neighborhood of 17,000 shares, which would indicate that a considera ble short interest has been made, The stock of the company is represented by say 71,000 shares, of which 2,500 are held by the company. Ifthe credit of the corporation is not impaired by the malicious efforts o its enemies to an extent which will forbid the usual money negotiations incident to, the payment of the dividend, the stock at its present price may prove a unusually good investment. As an offset to the forego ing statements, it should be observed that some of the German baukers are understood to be selling the stock without regard to current quotations, and in the belief that a further decline will be made to much lower than present figures, It may be well enough, however, for the speculator to watch the market and ascertain whether or not the parties who are selling it down will not themselves be anxious buyers at THB LOWEST PRICES. Lake Shore advanced from 53% to 5414, but reacted to 5334. No fresh developments wero made with refer- ence to this stock. Pacific Mail, on sales of 39,000 shares, fell off from 3654 to 3554. Earnest endeavors are apparently being made to bull the stock, but the officials of the company have presented figures that do not command confidence, and the subsequent emenda- tion by the Vice President leaves the matter still more open to doubt, Western Union was steady at 7634 a 76. _ Union Pacific sold at 653g a 63%. Ohio and Mississippt at 16% 21634. Hannibal and St. Joseph at 19 a 183g. Atlantic and Pacific preferred declined from 83g to 7. St. Paul sold at $474 a 344%. St. Paul preferred closed at 6344 after sales at 627g. Northwest common sold at 894 2 38% a 99, The preferred ended at 53%. Rock Island opened at 10434, ex'dividend, and sold down to 103%. New York Central was steady at 10234 a 102 New Jersey Central was quoted at. the close at 107, after sales at 108, THR SALRS TO-DAY. ‘The transactions at the Stock Exchange to-day aggre. gated 145,400 shares, which were distributed among active stocks as follows:—New York Central and Hud- | son, 1,000; Erie, 2,050; Lake Shore, 37,952; Cleveland and Pittsburg, 100; Northwestern, 8,100; do. preferred, 150; Rock Island, 800; Pacific Mail, 39,410; St. Paul, 2,300; do. preferred, 1,600; Ohios, 2,600; Western Union, 13,800; Union Pacific, 11,350; ©, ©. andl G., 200; Missouri Pacific, 17,650; Atlantic and Pacific Tele- graph preferred, 2,225. OPENING, HIGHEST AND LOWEST PRICES. The following table shows tho opening, highest and lowest prices of the da; Opening. — Highest. Lowest. New York Central. 102 44 102 131 129% 164 16% 54% 5314 3945 38% 53ig 53% 1Odig 103% 2 a1 91 Milwaukee and St. Paul. Ay 34g Mil and St. Paul pref. 6355 62% Ohio and Mississippi... 167 1634 New Jersey Central. 108 107 Del, Lack. and Western. 120 120 Union Pacific 65% 63; C., C. and 1.°C 3% 3Y Western Union 7634 16 Atlantic and Pacific 1955 196 Pacific Mail a 3656 355 * Ex-divi ADVANCE AND DECLINE. The changes in closing prices, compared with those of Saturday, are as follows :— Apvaxer.—Dolaware and Lackawanna, 3; gold, 34. Dxcuine,—Atlantic and Pacific Telegraph, %; At- lantic and Pacific preferred, 1; New York Ceniral, %; ©, ©. and f, C., 4; Erie, 4g; Hannibal and St. Joseph, %; Lake Shore, %; Northwestern pg ony ed do, referred, % ; Ohio and Mississippi, % ; Pacific Mail, %; anama, 34; Rock Island, 4; St. Paul common, 3g; Union Pacific,’ 2; Western Union Telegraph, %; Mis- souri Pacific, 74.. Erie in London, 3. StationaRy.—Michigan Central and Wabash. ING PRICKS—3 P.M Paeifi: Mail... 25% 0 25% Mil & St Paul. 941 Wea Ur wee a 5 Ri Aas ac a ly 60 quicksily ‘a 16) Gplchstiver pt. 20° @ 22 arLondd M. 104% a 11 MarL&Mpf.. 11) 8 12 Asam Bx. a * ie x. STH aD .. 42 a 44 gokx 738 a 79 97 4 98 Glev @ Pitts.. 9h a 44 Chick NW... 3D 8 rs . a 39) Chica NW ph £246 a a Chied KI... 109y x 103% Un Paeine, THR GOLD MARKET. ‘ Gold opened at 117, advanced to 117%, reacted. te, ; 11734 and closed at 117%. The rates. paid for borrow ing wore 9-64, 1-82 and 1-64 per diem, and 7, 3, 2and@ per cent per annum, At the close loans were mada flat, Currency at the close was worth, about 85.20, Gold balances . Currency balances. 1,269,518 Gross clearances 85,121,000 LEARING HOUSE STATEME! Currency exchanges. . $92,666,659 Currency balances. 3,657, Gold exchanges. 6,973,300 Gold balances..... on 821,014 The following is the Treasury programme of gold ‘THR MONKY MARKET. Money closed ensy at 2} and 3 per cent, with com. mercial paper unchanged, It is thought by those whe are familar with the influences at work in this depart+ ment that within the presept month higher rates on call loans will rule, Even now we have the intimation Secretary Bristow is in the city and is watching 140th street. There were two mortgages, one for | $15,000 and the other for $22,000, with interest the work ing of ew regulations for the inspection of passongors’ baggage from foreign ports that Now York is being drawn upon by some of the neighboring cities, An uneasy fooling is reported ag