The New York Herald Newspaper, October 6, 1875, Page 10

_ nn ‘THE COURTS. Arrest of an Ex-Congressman for Contempt of Court. . His Arraignment and Effort to Purge Himself of Contempt. Latest Phase in the Taylor Will Case. Government Suits Against Claflin & Co. In certain metropolitan circles few men are better known than James Kerrigan, ex-police clerk, ex- Nicaragua filibuster, ex-colone! in the Union army, ex- commander of the Jacme! expedition, and last, but not Jeast, ex-Congressman. Notwitstanding his Protean ‘Proclivities, however, he has for some time past dwelt im comparative obscurity. But at length hgain his ‘ame has arisen to the surface, Only a trifling matter bas brought him into public notice. He retused to at- \ tend asa witness in the case of Captain McCulloch before the Police Board. An order was accordingly igsued by the Supreme Court directing him to appear and give his testimony. It is claimed that he refused to obey this order, and accordingly, under an attachment issued by Judge Lawrence, he was arrested on Monday evening at the Fifth Avenue Hotel by Deputy Sheriff Hasson for contempt of court, aud directed to appear in Supreme Court, Chambers, yesterday, and show cause why he should not be punished for contempt. ‘The Colonel (his own favorite title) put in a prompt ap- pearance, accompanied by Mr. George W. Gibson, his counsel, and other friends, but in the interval of his case being called sucked his fragrant Havana outside afid regaled his throng of admirers with recitals of Len cam; and hairbreadth escapes by sea and His hair is becoming sprinkled with gray and his face furrowed, but his eye is uudymmed and there is no per- | ation In his capacity to laugh away dull | Atone o’clock the case was called Mr. Gibson Stated that the order of the Court was never servea ‘upon the defendant, but the copies were thrown at him and the original never shown. There was, he insisted, Bo intentional contempt of the Court. Colonel Kerri- gan had as great respect for the Court as any citizen, and the moment the papers were served upon him in & gentlemanly manner he at once consented to come Mr. George F, McLean, counsel for the Police Board, said a police officer presented the order to the defend: but he refused to take it. A detective was sent with special instructions to show the original, and Colonel Kerrigan flung the copy on the floor. He ‘would ask the Court to read the detective’s affidavit. ‘The Police Board had a good deal of trouble, At this time, when the public were expecting to have charges @gainst police captains investigated, the est dif- ficulty was met with in obtaining witnesses’ subpeenas, Subj were treated with contempt, and even orders jupreme Court. The interrogatories for the ex- amination of the defendant under oath were ready. Judge Lawrence, having ascertained that there would De a meeting of the Police Board to-day, suggested that he was desirous of getting at some practical result, and as it would appear trom the defendant’s counsel that there was no intentional disrespect of Court, that the defendant present himself for examination, and let this end the matter. Mr. McLean urged the Court to read the affidavit of the detective and see if a case of contempt was not fully | made out. Judge Lawrence said he would do so, and give his de- cision at the opening of the court to-morrow. ‘After the case had been disposed of, as stated above, Colonel Kerrigan, his counsel and Deputy Sheri? Has: ‘son left the court room and went to ge Sheriffs office, where he gave bail for bis appearance in court at the time specilied. “Why do you make this opposition to appear as wit- ness in the McCulloch case?” the HskaLb representa tive asked the Colonel “Pil tell you,” be bluntly answered. “I have never been an informer against any one, and I don’t want to | commence now.” THE TAYLOR WILL CASE. 4m one form and another the Taylor will case appears to bean unending legacy tothe courts, On behalf of Mrs. Sarah B. Taylor, widow of James B. Taylor, the flecedent, a motion was made recently before Judge | Donobue, in Supreme Court, Chambers, to substitute | Messrs. Wingate and Cullen as her counsel in place of | Rufus F. Andrews. Judge Donohue rendered his do ctsion.yesterday, granting the application, His decision is as follows:— Mrs. Taylor asks leave to substitute an attorney in place of Rufus F. Andrews, her present attorney, It is objected, on behalf 4f Mr. Andrews, that, drat, he can- ‘Rot be substituted without cause shown; second, that he then can only be substituted on such terms as aro Just; that such terms should be the payment of all the amounts due him for costs and counsel fees | and some advances ho has made outside of | the suits; third, that Mrs. Taylor is not a rson to be trusted with the direction of her affairs, use she consults and has consulted the spirits for some time past aud supposes she acts under their direction. Before disposing of the questions raised I desire to notice a statement in the opposing papers that Mr. Taylor, in a charge to be made, expects and hopes there would be political influence obtained, Such statements on this motion are entirely out of | Place, and, in my judgment, unworthy of counsel. If the evidence of such influence in lawsuits exists there is a place upd away in which redress for it may be hhad, aud to thas tribunal the facts should be submitted; Dut the mere assertion of counsel caunot, on the mo- tion, deprive Mrs Taylor of her rights. “Those rights are: First, where a party has diffe as here, with her attorney, the Court will not eat ‘one of its officers to insist on the right of retaining tho | management of the case against her wish; second, as | ‘W avy advances outside of the lawsuits, there ts no lien either on the attorney's possession of her papers or her claim in her own su{is; third, it is evident, from the re- Merated statements in the opposing affidavits, that the attorney knew that Mrs. Taylor had nothing but what the will gave her or she may get out of the estate, It Wonid, therefore, be unjust and against good conscienco, the attoruey Co claim tmmediate payment for services which his own statement shows he knew must be paid | - ut of future aveets, The substitution must therefore be made, on the party filing a stipulation that her in- terest in the estate, when realized, sball be subject to any judgment her attorney may have against her for the services for which he claims compensation, The | allegation that Mrs. Taylor hud acted under the advice | Of oF in consultation with spiriis comes with poor igace from the counsel, who hns, as he claims, acted years on her information, so obtained, and allowed her to do it. If he has deemed such communications ‘of use heretofore he shows no reason but her desire to ebange why he does not think so now.” SUITS AGAINST CLAFLIN & CO, ‘The United States District Attorney has commenced guits in the United States District Court, in behalf of the government, against H. B. Clafin, John Claftin, Edward E. Ames, Horace Fairchild, William 8, Donn, | Dexter N. Force and Daniel Robinson, members of the firm of H. B. Claflin & Co., and William H. Talcott, the buyer for that firm, for buying, selling and facilitating | the concealment and transportation of smuggled silks, | valued at some $1,205,000, in violation of section 2, wi of March 3, 1823, which provides as follows:— Section 2, act of March 3, 1823, “If any person or persons | shall reeeive or conceal or buy any ‘wares or merehan- dise, knowing them to have buen has imported into the United States, and liable to seizure by virtue of any act in relation to the revenue, such person or persons shall, on eon- vietion thereof, forieit and pay asum double in amount or value of the goods, wares or 80 Feceived, con- cealed or parehesed” Also another suit, in the same court, against the eame | persons, and joined with them Mr, Jobn J. Dowaldson, how @ member of the said firm, under similar allege tons. The first suit is to recover penalties amounting to $940,000, — the second suit for penalties amount- case were purchased by tu pop derek y the firm or its agente when sold DECISIONS. e By Judge Lawrence, Machariand vs. Siitt; Iirdepe re Bedwin; Barkley vs. Ortel; [Sed va Miller; Ritter va, Cady; Meyer va. Perry; MeCulloch va. Rutherford; ‘Westervelt. —Orders granted. McLean ve, Howard (No. 1); Same va. Same New York Lite Insurance and Trust Gompany 4 oanpengh ve. oat Constant va Chapin (No, 1 fe Insurance Company Lack: ni | Lead en; same ve. | (No. 2); | vs. Bing, | the default is | | dates for admission to the Bar. ney, B.S. Guernsey and Sidney De Kay were selected | | ments and presented | he was not seen until yesterday. United States Trust Company vs pers Kahn va Weil; Blake vs. Jennings, lanier es. trey head; Ebrich vs. Ehrich; Floyd va. Langenbdano ‘Warden va. Smyth; Morrison va. Phillips; Kussell val | St. Paul's African Methodist Episcopal Church of Mor- risania; Matter of the Bucking Wood and Leather Com| ; Cales ve. Beck; Havens va, Lalor; Matter of Bait ; Berdan va, Weiher; Kean ve. Wilty; Hart | va. Torrey: Bon- | ; vs. Talger; Arms va. Aring; Simms H Genet: 0 Hugh & Jamoe L. Young | va. j Mott vs. The one Cutting Company; Andreas va. Sinith —Granted. Py men Wyman —towon for @ bill of particulars iter jorris vs, Hazard.—Motion granted and canso set down for third Friday of term. Ninth Ward Bank ye, Hagh.—Motion to place cause on the Special Cireult calendar granted cause bet down for second Friday of term. __ Word va. Ward.—Ugon pawment of cngte patare no-_ NEW. YORK HERALD, WEDNESDAY, OCTOBER 6, 1875.—QUADRUPLE SHEET. OF trial an@ disbursements and $10 costs of motion and case set down for trial for Monday, the Sth inst. The judgment is to stand in the Meantime as secarity. Moses vs, Isidor.—Motion granted, Cause ordered on Special Circuit calendar for October. The People, &c., vs. Tweed.—The affidavit purporting to be @ by Brub & Bumney on the 18th of Septem- ber is not signed by the aManta, —— vs. Hazard; Bernhard vs, Hazard.—Motions gran Peters vs. Molloy,—Motion for a receiver granted. Receiver will be appointed on settlement of order. Menson vs. Falconer.—Motion granted. Knapp va. Leszysisky.—Motion denied, with $10 costs, Gieve vs. Honeywell; Levy vs. Wolff; Mason vs. Fal- coner.—Motions granted. Barstow'vs. Clark.—Motion granted, with leave to defendant to answer within five days upon payment of costs of action and $10 costs of motios Stephens vs. The Astoria and Hunter's Point Railroad Company,—Bhere is. no proof of the service of the in- Junction. ‘ De Wolf va, Marshall. —Motion granted. Schmitt vs, Raeder.—Motion denied, with $10 costs. Matter of Foster.—The names of the jurors are not stated in the inquisition. Annie R. Doremus vs. Peter Doremus.—Report of referee confirmed and judgment of divorce granted to plaintiff, with custody of ehild. Gibbs vs. Rooney.—Explanation required. Mayer vs, Ullman.—Fill up blank and have it re- sworn to, Phileps vs. O’Donoghue.—These papers do not con- form to rule 61. Heller vs. Levy; Matter of Hackett,—Explanations Tequired, Cauldwell vs, Scrantun (No. 2); Merchants’ National Bank ys. Lalor; Macy vs. Strobel; Sealey ys. Hough; Day vs. Anthony; Rosenberg vs. Drea. —Granted, jackson vs. Griffin. —Order granted, By Judge Daniels, Amery vs. David.—The right of the creditor to ex. amine this debtor in the country where he has a place of business is general, including the cases of residents and non-residents of the country, and the order was properly made and the motion to set it aside denied, Sherwood vs. Brace.—Opinion. ; By Judge Donohue Matter of Taylor.—Opinion. SUPERIOR COURT—SPECIAL TERM, By Judge Van Vorst. Schlich et al—Findings of fact and con- clusions of law settled and signed. Wauner vs. Nostrand et al. ; Stevens vs. Smith etal. ; Goway vs. Pouilaine.—Orders settled. By Chief Justice Monell. Nolan vs. The New York, New Haver and Hartford Railroad Company.—Proposed case on appeal settled, Kurnhedt vs. Thrall et al. —Findings settled, COMMON PLEAS—SPECIAL TERM. By Judge Loew, Fountain vs. Fuller.—I think the motion should be granted on payment of the interest and interest upon such interest, together with the disbursements and costs and $10 costs of this motion. Van Houten vs. Van Houten.—! think the plaintif® should pay to the defendant $5 per week for alimony aud a counsel tee of $150. MARINE COURT—PART 2, By Judge Joachimsen. Rosenthal vs, Berkourtz—Judgment for plaintiff, $153 19. Moissen va Hufnagel.— Judgment for plaintiif, $219 90. Gill va. Murray.—Jucgment for plaintiff, $264 60, Merwin vs. Oates,—Verdict for defendant. ‘Anthony vs. Tyng.—Verdict for plaintiff, $557 77. Lane vs. Hutchings.—Verdict for plaintiff, $408 65, Crooks va. Schmidt.—Judgment for laintif, $250, Putnam v! Bruno vs Industrial Exhibition Company.—Judg- ment for plaintiff, $884. Whitney vs.’ Wiswall—Judgment for plaintiff, $000 37. Lewis vs. Marsh.—Judgment for plaintiff, $254 37. Heraghty vs. U’Toole —Verdict tor defendant, SUMMARY OF LAW CASES. Henry W. Bentiey, of Utica, hae been appointed re- ceiver of the estate left by James B, Taylor, and has filed bonds for $800,000, At the suit of the,New York and Staten Island Ferry Company, Judge Lawrence, holding Supreme Court, Chambers, granted yesterday a temporary injunction restraining the Board of Commissioners of Pilots from | demolishing or removing or in any way interfering with the pier or structure of the plaintiffs at Stapleton landing, Staten Island, or entering into any contract | for its temoval. In the long pending Odell divorce suit, Judge Van Brunt has dismissed the complaint, He holds that the | undisputed evidence showed that the decree ot divorce obtained by detendant from her first husband, Tracy, had been legally obtained, and was no bar to her_mar- riage with the plaintiff, and that it there was any fraud | in obtaining such divorce the plaintiff was a party to it, The Supreme Court, General Term, fentercay ap- pointed Messrs. Grosvener P. Lowery, James Deering and Erastus S. Ransom a committee to examine candi- Messrs, Albert Stick- as Committee on Character. The suit of Michael Carmody against the city for ser- vices a8 janitor of the corporation offices was tri terday before Judge J. F. Daly of the Court of Common Pleas. He obtained a verdict for $373 38, being the full amount claimed, with interest, On complaint of August Weber an order of arrest was granted by Judge Donohue against Peter Craig, proprietor of the liquor saloon corner of Thirticth Street and Second avenue. According to the affidavits in the case, as submitted by Messrs, Maybaum & Pen- ney, of Newark, N. J., Mary Weber, a daughter of the plaintifl, was in'December last, while on her way home from work, enticed into Craig’s saloon and then drugged and her ruin accomplished. Craig gave bail in $5,000 to answer the charge. In the Surrogate’s Court yesterday, in the case of the contested will of John L. ‘Brown, the late contrac- tor for cleaning strocts, Dr. Hammond was cross-exam- | ined as to the state of the mental condition of the te: tator at the time of making his will. This testimony, 80 far as heard, supported his former testimony that the testator was incompetent to execute such an instru- ment The further hearing was adjourned until Friday next. Segismund R. Wendell, accused of giving false testi- mony, in order to procure naturalization papers for one Ambrose Ros, was brought before United States Commissioner Shields yesterday, and his bail reduced from $3,000 to $2,000, in default of that amount he was held for further examination. COURT OF GENERAL SESSIONS. Botore Judge Sutherland. ALLEGED JEWELRY ROBBERY. John Givson was tried on the charge of having Tobbed Mrs. Catherine McAuliffe, his laudlady, of a gold watch and othor jewelry to the amount of $350, on August 28. The jury disagreed, and the accused was remanded to the Tombs PERILS OF THE STREETS. Kate Monahan was convicted of having on the even- ing of August 22, forcibly dragged Samuel Horeman into an alley at No. 11 Mott street and thero taking from his pocket, whilea confederate held him, the sum of $2 She was sentenced to State Prison for three years. Julia Moseley (white) was charged by John Brown, a colored cook, with having enticed him into her house at No. 59 Thompson street, on the might of August 21, and there robved bit of’ $40, besides having him Deaten by some of her nogro companions The jury declarea her not guilty. FIFTY-SEVENTH STREET COURT. Before Judge Kilbreth. FOOTPADS, Joseph Zimmerman, No. 300 East Twonty-sixth street, compiained that while passing down Second avenue on Monday night ho was assaulted by August Pabst and two others, and robbed of $10. Hé@had just been paid at the Architectural Iron Works, and was on | his way home when attacked. Pabst was arrested once | before for disorderly conduct, He was held for exami- | nation on Zimmerman's complaint. A TEMPERANCE LESSON, Peter Carroll, of No. 305 East Forty-sixth street, is an old man and the father of a grown-up family. “When he is sober no better husband or father lives,” said one of his daughters at this court yesterday. On Monday night he got drunk, and on going home he begun to beat and abuse his wife and children. The former he knocked down and broke two of her ribs, for which he ‘Was arrested and held for trial A BAD HUSBAND. Cornelius O'Connor, of No. 344 East Twenty-first street, was arraigned on complaint of his wife, Mary, whom he bad dragged around on the floor ot bis apart- tevolver at her head, saying he He was held for trial in deiault of would shoot ber. $1,000 bail, JUVENILE DEPRAVITY. James Bennett, aged ten years, a hard looking case, was brought into Court on a charge of truancy pre- ferred by 8. 8. Barnett, one of the agents of the Tru- ancy Bureau. He was arrested once before for petit Jarceny and sent to the Juvenile Asylum, but got away from there afler only a few mouths’ confinement. The other day he was sent to the Eighty-eighth atrect pnb- lic school, and ran away altogether, which ime committed until to-day, when bis teacher and parents, who reside at No. 160 Kast Bighty-sixth street, will appear to tes tity. POLICE COURT NOTES. ‘Thomas Jordan was found in the Bowery on Monday morning with twenty-nine yards of cloth, valued at $35, in bis possession. William R. Peyton, of 272 and 274 Broadway, subsequently identified the property aa his, It had been ‘stolen from the above premises, Jordan was yesterday taken before Justice Otterbourg, at the Tombs Police Court, and held in $1,000 to au- er. Isaac Overbury was yesterday held to answer by Justice Otterbourg on”a charge of breaking into tho Store of Thomas Willard, No. 6 York stroet, and ste: ing therefrom two overcoats of the valae of $45, The Prisoner pleaded guilty. COURT CALENDARS—THIS DAY. Scrrems Court—Cuaunrns—Held by Judge Law- Fence—Nop, 2 UR 16 ak om 47, 73, ts. oh oa. Jon 110, 116, 136, 151, 153, 168, 171, 182, 189, 101, 193, 208, 266, 268, 278, 281," 282,' 283," 257, '286. Scraeme WRT—GeNERAL Tunw—Held by aoe Davis, Brady and Daniels.—Nos. 41, 50, 52, 56, 60, 70, 40, 46, 48, 49, 61, 8046, 90, 91, 93, 96, ‘96, 97,’ 98, 107, 109, 110, 112, 113) 115. Supreme Cour’—Sreciat Terw—Held by Judge Van Vorst.—Demurrers—Nos, 13, 21, 22 35. Law and fact—Nos, $38, 271, 149, 478, 424 166, 328, 102, 568, 570, 57) 580, S81, 582, 587, 685, 590, 591, 592, 504, 506, 507, 608, 500, 600, 601, 603, 603, 604, 605, 606, 607, 60S, G09, 610, G11, 612, 613, G14, 615, 615%, 618, 617, 618, 61%, 620, 621, 622 Stveewe Covrt—Crrevrr—Part_1—Held by Judge Barrett. —Nos, 1625, 1850, 1916, 877, 1921, 1953, 1935, 1987, 1980, 1941, 1943, 1945, 1947,’ 1049," 1951, 1965, 1957, 19573;, 1969, 1961, 1963, 1965, 1967, 1969, 1973. Part’ 2—Held by Judge’ Loew. —Nos, 9482, 3134, 1486, 1170, 1408, 1438 3186, 1464, 408, 400, 708, 670, 1488, | 798, '556, 1442, 1148, 1556, 726, 1554, 1546, 2008, 1332, 261k, 141234, Part 3—Held by Judge Donohue. —Nos, | 98734, 1203, 2788, 1241, 1259, 1537, 1281, 279, 60, 1853, 1735," 920%, 2201, 2081, 886K, 65794, 2140, 2483, 1137, SuPeRu 141 TeM—Part 1—Held by Judge | Monell. —Nos. , 707, 1628, 777, 811, 783, 511, | 748, 1423, 747, 757, 761, 765. Part 2—Held by | Judge Sedgwick,—Nos. 788, 588, 838, 696. 498. 80034, 818, 704, 750, "756, 760, 768, 772, 786, 800, Svrevioré Court—Guxerat Texat,—Adjourned until Monday, October 11. Common Puxas—TRaL Tera—Part 1—Hold by Chief Justice Daly,—Nos. 730, 1854, 40, 2443, 812, 1008, 2440, | G49, 863, 2607, 2035, 1304, 1215, 2635, "12601 Part 2— Held by Judge's. Daly. Noe. 487, 523, 2388, 1008, 2108, 2416, 1624, 1626, 1526, 1628, 1530, 1651, 1682, 158% Common Preas—Equity Term—Held by Judge Larre- more,—No, 72. | Marine Court—TriaL Teem—Part 1—Held by Judge | Alker, jos, 41. 8206, 5090, 5030, 2867, 3126, 3156, 8169, 8805, 5053, 4950, 5048, 4712, 3136, 3240. Part 2— Held by Judge Joachimsen.—Nos. 2484, 2816, 6117, | 4843, 754, eye oe fg’ 8229, 3232, 8234, 3236, 3238, 3239, 3—Held by Judge ‘Spaulding. —Nos. 4959, 4690, 5851, 4711, 3138, 4268, 4938, 4951, 6093, 4787, 4509, 4516, 4118, 4148) 5127, Count OF GENERAL Sxssrons—Hord by Judge Suther- land.—The People vs. Patrick Nolan, robbery ; Same vs. Edward Grady and Thomas Whalen, robbery; Same vs. James Nolan’ and Timothy Carney, robbery; Same vs. John Brennan, burglary; Same vs Bernard Brogan, burglary; Sane va. George Meyers, grand larceny ; vs. Henty Decker, grand larceny; Same vs. James Farrell and Frank Farrell, grand’ larceny; Same vs, Thomas Moore, grand larceny ; Same vs. Thomas Wat- son, grand larceny; Same vs. John F, Cavanaugh, grand larceny; Same vs, William Gray, petit larceny; Same vs, Charles Tach, William Schultz and August Ger- inger, gambling. Count or OYER AND TkRaIxER—Held by Judge Bar- ret,—The People vs. Joseph Frongi, murder, COURT OF APPEALS. Auuasy, Oct. 5, 1875. Decisions. Tachman vs. Brown.—Motion denied, with $10 costs, Dart vs. Village of Hamburg.—Motion granted, with motion, . Train vs, Holland Purchase Insurance Company; White vs. Mealis; Vernal va. Vernal.—Judgments re- versed and new trial granted, costs to abide events, Disbrow vs. Mills; Collins vs, Barns; McDevitt ys. North Second Street Railroad Company; Prall vs. Mat- ual Protection Association; Lestie v8, Knickerbocker Insurauce Company; Lathrop vs. Dunlop; Costello vs. The Mayor —Judgment affirmed with costs, Devlin vs. The Mayor.—So much of the judgment of the Court below as reverses the judgment of the ref- eree aifirmed and the residue of the judgment re- versed and a new trial granted, costs to abide events. People vs. Syaw —Judgment affirmed. Gilman vs. Gilman; same vs. same.—Judgment affirmed, with costs of both parties to be paia out of the estate. In the matter of Poole.—Order affirmed with costs, People va. Coman; People ex rel, Town of Frid vs. Hopkins.—appeal dismissed with costs, Van Vechten vs. Keator.—Judgment ot Supreme Court and decree of Surrogate affirmed with costs: Rodnegos vs. East River Savings Institution.—Re- argument ordered, Mortons. Ayams vs, Woole,—Motion to dismiss appeal, H. Ballard for motion; Samuel Hand opposed, The Court | took the papers. Crouse vs. Marshall.—Motion to open default. J. Genter for motion; Parker D. Fay opposed. The Court | wok the papers. APPEAL FROM ORDERS. | Queen Insurance Company, appellants.—Argued by dward James of counsel for appellants, and by J. A. Hathaway for respondent, GENERAL CALENDAR, No, 142, Lewis W. James, respondent, vs. Henry Hamilton, appetlant.—Argued by J. H. Thomas for | appellant, and by Wiachester Britton for respondent, ‘No. 146. James M. Boyd, respondent, vs. Robert Yel- verton and another, appellants.—On motion of J. E. Cary, of counsel for respondent, judgment was affirmed by default. | for appellant and by R. B, Prince for responden, | No. 161 John J. Rider “and another, appellants, vs. | Cornelius S. Striker, respondent.—Argued by B. J. | Hitchings, of counsel for appellant, and D. P, Bar- nard for respondent. ‘Among the decisions handed down by the Court of Appeals to-day is one affirming the sentence of Shaw, tlie Washington county murderer, and another affirm: lug the decision of the Surrogate of the county in the case of Lathrop ys. Dunlop. It appears that Jessic Dunlop, of this city, made a will, devising her estate of | about $200,000, the bulk to Janet A. Lathrop, who was also named as executrix, Miss Dunlop went to Mon- trea! and married a clergyman named Empson, who | signed an anti-nuptial contract allowing the will to | stand. The will was offered for probate to Surrogate Rogers, and was contested by | the children of Edward Dunlop, Jessie’s uncle, Surrogate Rogers, entered an order on the 80th Decem- ber, 1574, setting aside the will on account of subse- quent marriage. This was appealed from by Mr, Sted- man, who represented Janet A. Lathrop, to the Gen- eral Term of the Supreme Court, where’ the decision of the Surrogate was sustained. A. J, Parker appeared for the children of Edward Dunlop, contestants, Mr. Stedman then took the case to the Court of Appeals, where the deeision of the General Term was to-day affirmed, Theestate will now goto Mrs, Lathrop, of | Columbia comity, one-third; to Robert Dunlop, of | Syracuse, one-third, and to the children of Edward Dunlop, of Watervliet, the contestants, one-third. Adjourned, The following is the day calendar for Wednesday, October 6, 1876:—Nos., 119, 144, 267, 100, 153, 148, 168 and 156, SUPREME COURT CALENDAR. Rocursren, N. ¥., Oct, 5, 1875. The following is the Supreme Court day calendar for Wednesday, October 6, 1876:—Nos. 5, 21, 36, 43, 50, 55, 56, 69, 94 and 122, UNITED STATES SUPREME COURT. THE CIVIL RIGHTS BILL oF 1866—consTRUC- TION —JURISDICTION—EVIDENCE. No, 35 (December Term, 1871). Jobn Blyew and George Kennard, plaintiffs in error, vs. The United States, in error to the Circuit Court for the District of | Kentucky.—Mr. Justice Strong delivered the opinion of the Court as follows:—To’ an indictment charging the murder of one Lucy Armstrong, colored, the defendants pleaded specially that before it was found they had been in the custody of the authorities of the State, and, after examination, had been held to answer for the killing of Lucy Armstrong, which was the same offence as that charged in the Circuit Court, but, on demurrer, the plea was overruled, and the case went to trial upon the issues found by replication to the plea of not guilty. During the progress of the trial the Court sealed several excep- tions to the admission of evidence offered by the United States, and, a verdict of guilty having been returned, a motion was made in arrest of judgment, which the Court also overruled. The ground alleged for this mo- tion was that “the facts stated in the indictment did not constitute a public offence within the jurisdiction of the Court.” There are thus three questions presented by the record, They are:— First—Whether the Circuit Court had jurisdiction of the offence charged in the indictment; Second—Whether the Court erred in sustaining the demurrer to the defendants’ special plea; and, Third—Whetber the evidence to which the defend- ante objected should have been received, Addressing ourselves to the first of these questions, | it may be remarked that clearly the Circuit Court had | no jurisdiction of the crime of murder committed within the district of Kentucky, unless it was conferred by the third section of the act of Congress of April 9% 1866, entitled, ‘An act to protect ali persons in the United States in their civil rights and furnish the means of their vindication.” n, examining the act, | the Court say:—It must be admitted that the erimes and offences of which the district courte are, by this section, given exclusive jurisdiction are only those which are against the provisions of the act, oF those enumerated in the second d sixth sections, and that the “causes, civil and o * over which diction Is, by the second cli upon the district and circuit concurrently are other than those of which exclusive jurisdiction is given to the district courts. They are described aa causes “aifecting persous who are denied, or cannot enforce in the courts of judicial tribunals of | the State or locality where they’ may be, any of the Tights secured to them by the first section of the act” Was, then, the prosecution or indictment against these defendants a cause affecting any such person or persona? If {t was, then, by the provisions of the act, it wae within the jurisdiction of the courts, and, if it was not, that Court had no jurisdiction. It was, as we have geen, an indictment for the mur- | der of Lucy Armstrong, a’ citizen of the United States of the African race, and it contained an averment that other citizens of the United States of the same race witnessed the alleged murder. It contained also an averment that those other persons--vamely, Richard Foster and Laura Foster, as well as the deceased Lucy Armetrong—were, on account of their race and color, denied the righ@to testity against the defendants, or either of tsem, Of and eoncerning the killing and mm. | | | juris~ costs of appeal up to time of motion, and $10 costs of | No. 264. Florence M. Gibbs, respondent, va The | No. 150, Isaac T. Washburne, respondent, va. Elbert | L. Burnham, appellant.—Argued by George W. Lord | der in the courts and judicial tribunals of the State of Kentucky. We are thus to the question whether a criminal prosecution public of is @ cause ‘af fecting,” within the meahing of the act of Congress, persons who may be to testify therein, | obvionsly the only parties to such @ cause are tho | government and eo pes indicted. They j alone can be ™ reached ry an judgment 693, | thatmay be pronounced, No judgment can either en- large or diminish the personal, relative or property Tights of any others than those 'who are parties, It is true, there'are some cases which affect the rights of property of persons who are not parties to the record. Such cases, however, aro allof a civil nature, and | none of them even touch rights of persona, But an | indictment prosecuted by the government against an alleged criminal is @ cause in which none but the parties can have any concern except what is common to all the members of the community. Those who possibly be witnesses, either for the prosecution or for the de- fence, are no more affected by it than js every other person, for any one may be as a witness, It will not be thought that Congress intended to give to the district aud circuit courts jurisdiction over all causes both civil and criminal. They have expressly confined it to causes affecting certain persons, And yet, if all those who may be called as witnesses in a cast, and who may be alleged important witnesses, were intended to be described in the class of persons by it, and if the jurisdiction of the federal courts can be invoked by the assertion that there sre persons who may be witnesses, but who, because of their race or color, are incompetent to testily In the courts of the State, there is no cause either civil or criminal of which those courts may nob at the option of either party take jurisdiction. The statute of Kentucky which was in existence when this indictment was found, and which denied the right of Richard Foster and Laura Foster to testify in the courts of the State, enacted as follows: — “That-a slave, negro, or Indian ‘shall be a competent witness of the Commonwealth for or against « slave, negro or Indian, or in a civil case to which only negroes or slaves are parties, but in no other case.”” It will be observed that this’ statute prolibits tho testimony of colored persons either for or against 4 white person in any civil or criminal cause to which he may be a party. If, therefore, they are persons affected by the cause whenever they might be witnesses, were they compe- tent to testify, it follows that in any suit between white citizens, jurisdiction might be taken by the federal cours’ “whenever it was alleged = that a citizen of the African race was or might | be an important witness, And such an allegation might always be mado, So in ali criminal | prosecutions against white persons a similar allegation would call into existence the like jurisdiction. We can- not think that such was the purpose of Congress in the statute of April 9, 1866. It would seem rather to have been to afford protection to persons of the colored race by giving to the federal courts jurisdiction of cases, the decision of which might injuriously affect them, either in their personal, relative or property rights whenever they are denied in the State courts any of the rights mentioned and assured to them in the first section of the act, Nor can it be said that auch a construction allows littleor no effect to the enactment. On the contrary it concedes to ita far reaching purpose, The purpose was to guard all the declared rights of colored per- sons in all civil actions to which they may be parties in interest by giving to the district and cireuit courts of the United States jurisdiction of such actions whenever in the State courts any right enjoyed by white citizens is denied them. And in criminal rosecutions against them it extends a like protection. We cannot be expected to be ignorant of the condition of things which existed when the statute was enacted, or of the evils which it was intended to remedy, It is well known that in many of the States laws existed | which subjected colored’ men convicted of crimmal | offences to punishments different from, and often se- | verer than those which were inilicted upon white per- sons convicted of similar offences. The modes of trial | were also different, ahd the right of trial by jury was | Sometimes denied them. It is also well known that in | many quarters prejudices existed against the colored race, which naturally aflected the administration of justice in the State courts and operated harshly when ‘one of that race was the party accused, These wero evils, doubtless, which the act of Congress had iu view and which it intended to remove, and so far as it reaches it extends to both races the same rights and the same means of vindicating them, In view of these considerations we are of opinion that the case now before us is not within the provisions of the act of April 9, 1866, and that the Circuit Court had not jurisdiction of the ctime of murder committed im the district of Kentucky, merely because two persons who witnessed the murder were citizens of the African race, and for thut reason incompetent by the law of Kentucky to testify in the courts of that State. They are not persons affected by the cause, We need hardly add that the jurisdiction of the Circuit Court is not sustained by the fact averre in the indict ment that Lucy Armstrong, the person murdered, was | a citizen of the African race, and for that reason denied | the right to testify in the Kentucky courts, In no sense can she be said to be affected by the cause. Mani- | | 4 festly the act refers to persons in existence. She was the victim of the frightful outrage — which gave rise to the cause, but she is beyond being affected by the cause itself. The conclusions to which we have come are sustained, we think, by the Judgment of this Court in United States vs. Ortes ll ‘Wheat., 467, in which the opinion was delivered by Mr. Justice Washington, After considering the facts of this case the Court concludes thus. | An attempt has, however, been made to discriminate between the words “case affecting,” as found in the constitutional provision, and the words ‘cause affecting”? contained in the act of Oongress. We are unable to per- ceive any substantial ground for a distinction. ‘The words “case” and “cause” are constantly used as synonyms in statutes and judicial decisions, each meanthg a proceeding in court, a suit | tion, Surely no court can have jurisdiction of | either u case or a cause until it 18 presented 1m the form of an uction, We regard, therefore, the | United States vs, Ortega as an authority directly in point to the effect that witnesses in a criminal prosecu- tion are not affected by the cause. It necessarily re- | guits from this that jurisdiction of the offence for which | these defendants were indicted was not conterred upon | the Circuit Court by the act of Congress. It is unneces- | sary, therefore, to consider the other questions pre- | sented by the record. The judgment of the Circuit Court is reversed, The Chief Justice was not present at the argument, and he has taken no part in the decision. CUSTOM HOUSE SEIZURES. Smuggling of cigars by the Havana steamers is be- coming more difficult day by day, and no “ring” ar- service. Yesterday the Custom House inspector on the steamhip Columbus, from Havana, found secreted on board 2,500 Henry Clay and La Espanola cigars. No owner could be found for them, and they accord- ingly were seized.on behalf of Uncle Sam. The brands are the choicest, and when the cigars a sold at public auction they will doubtless feteh good prices. REAL ESTATE SALES. ‘There was quite a large attendance at the Exchange yesterday, considerable more spirit being manifested among bidders. V. K. Stevenson, Jr., sold, by order of the Court, in foreclosure, the house and lot, 25 by 92, on the south side of Nineteenth street, 16.5 fect east of ae A, for $7,630, said property being valued at FUP, Mutier & Son’ sold, “by order of the Court, in foreciosure, the house and plot of land, 146 by 95.5, on the west side of First street, 65.1 feet south of Clinton avenue, Woodlawn Heights, Westchester county, for $1,350, said property. being worth $2,500. James M. Miller sold, by order of the Court, in fore- closure, the property, 2 by 100, on the north side of 145th street, 375 feet east of Willis avenue, for $1,000, said property being valued at $2,800, William Kennelly sold, by order of the Court, tn fore- closure, the premises, 48 by 98.9 by 15.8 by 79.7 by 24, on the south side of Fortieth street, 124.3 fect east of Lexington avenue, for $9,800 over mortgage of $2,000, said property being valued at $15,000, AN ABORTIONIST’S FATE. A SEPTUAGENARIAN IN NEW JERSEY SENT TO STATE PRISON. An extraordinary Keene was witnessed yesterday in the Unton County Court at Elizabeth, N. J., being the arraignment for sentence of an old man, seventy-five years,of age, for a most heinous crime—abortion, The prisoner was Dr. David 8. Perry, a patent medicine manufacturer. He was tried and found guilty of pro curing an abortion on ayoung woman of Elizabeth named Margaret Jennings. He seemed to feel deeply mortified, and sat in court with his face buried in his hands, his wife, a most devoted woman of about thirty-five, sitting near by, and being still more deeply affected. After s brief review of the evi- dence, which was conclusive of the old man’s guilt, Judge Runyon sentenced him to ten years in the State Prison. Dr. Perry was born in Salem, N. J., and when a boy entered the United States Navy, and served cred- itably on board his uncle’s vessel, his uncle being the colevrated Commodore Oliver Perry, with whom he was at the battle of Lake Erie. Subseqaently he studied medicine, graduated, removed to New York, made a fortane and lost it in the patent medicine business, Of late years he ran down to keeping a liquor saloon at Elizabethport, and in a small way manofacturing matches, THE SUICIDAL MANIA. Mention has already been made in.the Heranp of the terrible tragedy on the Central Railroad of New Jerzey, at Plainfleld, on Sunday night, by whieh a Mra. Bridget Cahill was killed. Investigation by tho officials leaves no room for doubt but that the poor creature com- mitted suicide by throwing herself in {rent of the train, week, it seems, she had not been on speaking terms with’ her husband, and on Sunday evening left home abruptly, greatly troubled in mind. Her body ‘was cut in two and one arm was severed. On her per- ¢ was found over $50 and a bank book good for nearly 200, A SUICIDE IDENTIFIED. The woman who hangod herself at No, 201 Elizabeth has been identified ‘ks Caroline Grosslaub, a married woman, who lived fm Boston with her husband and child, whom she deserted to come to this city and live with & German, whose name ts as yet unknown, Sho she intended hanging herselt or ac- | Tangements exist in this department of the customs | | a | | no better ladders invented for the use of firemen in BOARD OF HEALTH. VITAL STATISTICS FOR THE LAST MONTH. The Board of Health Commissioners held their woekly session yesterday. From the report of the Chief of the Vaccinating Corps it appears that 3,475 por- sons were vaccinated by the department during the month of September, Arresolution was adopted declaring as a public nui- sance the premises east of First avenue, between Forty-fiftn and Forty-seventh streets, used for the stor- age of manure, The Sanitary Superintendent was in- structed to execute the action of the Board by causing the same to be removed. Tho following 1s the weekly report of the Registrar of Vital Statistics :— ‘Tho number of deaths verified as occurring inthe wock ending September 25 was 599, and the number reported in the week ending on Saturday, October 2, was ‘The mortality among children under five years of age was less b; 20 deaths last week than in the previous week, and ‘amount of decrease occurred in deaths of children from diarrhcal diseases. ‘There was no incroase in pneumonia And bronchitis, there belng 99 deaths from these two diseases In the week, The mean temperature last week was at 60.2 degrees Fahrenheit, or 6.7 degrees warmer than that of the pre- vious week. The death rate was equal to 29.38 and 28.75 per 1,000 ot the living in the successive two weeks, respectively, aid the denchs of children under five years of age gave 02.62 and 47.01 per cent of the total mortality in these weeks respec- tively. Tho child mortality (five years of age und under) in month of September constivuded. 85. por cent of the to- in August it was equal to 60.25 per cent, and in the 1s74 fe was 44.58 por cent of ail tho death in the city. weral interior cities have suffered &. bigher ratio of infant mortality than New York the past two months. The city of Milwaukee, for example, reports that 69.25 per cont its total mortality in September was of children five ye old and under. Bven in Scotland the trar reports. thi fifly per cent of the mortality in eight principal towns in August last was of ehildgen wider five yeury of age. The do- nostic causes of excosiW infant mortality surpass the gen: eral or natural causes of localities in most of the clties which report the higher death rates. The Health Officer of Milwaukee remarks that “in the healthiest locality in the country, shat city gives the largest infant mortality.” ‘The following 18 a comparative statement of cases of contagious diseases reported at this Bureau for the two weeks ending October 2, 1875:— BIS 1g FER i 79) 15 nl 39 1| 18) 9 Oo} 6 3) 35] 14 4 3 BOARD OF EXCISE. Ata meeting of the Board of Excise yesterday the following resolution was adopted :— Whereus, it hus been stated in the public press that shore is » want of harmony between this Board and the Bourd 1 of Polic held on the Week Ending September 25.. October 2... Whereas, at a meeting of the Board of Poli Ist inst, they passed a series of resolutions or under their command to make # thorough ean) of pluces where liquor is sold, and which are fi thieves and other dissolute characters; therefo it Resolved, That the Board of Police be most respectfully Tequested fo furnish this Bowrd, at its earliest opportunity, & * list of the above mentioned places for guidauce of this Board in granting licenses. rolved, That a copy of these resolutions be forwarded to the Honorable Board of Police Commissioners. GUARDIANS OF THE PEACE. THE POLICE V8. THE EXCISE COMMISSIONERS ON LICENSES, The full Board of Police Commissioners met yester- day afternoon, President Matsell in the chair. Several. changes were made among inspectors of eloc- tion by reason of the resignation of some and the neglect of duty of the others. On motion of Commissioner Voorhis the Chief Clerk was directed to respectfully notify the Board of Excise that its request of September 80 for the Police Depart- ment to recognize receipts ag the equivalent of licenses for the period of fifteen days could not be granted, the Board of Police having received legal counsel to ‘that effect, ‘The following is the opinion of the counsel to the Po- lice Board to whom was referred the matter :— Matsxun, President of the Board of the matter of the communication of the Board of | the Board of the 30th ult, Su Excise, under date of requestin Police to eause the reovipts of the sald Bourd’ of ‘Fxciso for license tees to be respocted by the otlicers of the police for fifteen days from the date of such receipts, 1 bey to say that Lam respectfully of opinion that it is neither the right por the duty of the Bourd of Police to comply with such requ Such receipts, whereof I have procured and examined & blank form,’ do not satisfy the legal requisites of licenses, ‘They do not, therefore, diminish the statute duty of every of the police to arrest ull porrons found actually ongaged in selling liquor without & license and forthwith to earry such person before any magis- trate, and [ain aware of nd authority conferred upon the Board of Commissioners of Excise to grant indulgences to open offenders against the act to suppress intemperance and regulate the sale of intoxicating liquor (chapter 628, Laws 1857). "Tain your obedient servant, CHARLES ¥. McLEAN, Counsel to the Boara. The following were dismissed from the force:--Ser- | geant R Castle, Seventeenth precinct, found guilty of making a false entry ib the station house blotter, and Patrolman Gavin, Twenty-second precinct; Wright and Retrie, Thirty third precinct, and Doorman W. A. Coffee, of the Twentieth precinct, FIREMEN'’S CONVENTION. The second day of the Chief Engineers’ Convention was held yesterday at Fireman’s Hall, a much larger attendance being present than on the day previous, Quite a number of the delegates were unable to reach here until yesterday morning, some seventy recording their names. A number of invitations were received from inventors, inviting the delegates to inspect their several patents, Whereupon it was resolved to set apart this afternoon, alter 2 o'clock, vo the exclusive use of the patentecs, SEEKING ANOTHRR TRAGEDY. Chief Johnson hoped that an exhibition would be iven by the Fire Department of this city of the aerial iders now im use by the firemen, te recalled the sad accident that occurred to Chief Nash and others, but stated that be had implicit confidence in them. He had tried them himself and he beheved that there we: saving of life. The remarks of Mr. considerable debate, and resulted ta Johnson led to committes being appointed to draft suitable resolutions upon the death of Chief Nash and Privates Hughes and Maus. The question of fire escapes on houses occupted the attention of the delegates lor some time, Mr, Johnson stating that in Philadelphia only one hotel had a fire attiached. The New York Firemen’s Association gave a grand reception last evening to the severa chiet engtneers of the United States at their headquarters, Bleecker Build- ings, about 200 being present. Among tue okt New York volunteers present were ex-Fire Commissioner Henry Wilson, ex-Assistant Enginect Lamb, Alderman Eugene Ward, Louis J. Parker, Colonel ©. 8 Stor Colonel W. R. W. Chambers, of the Fire Zouaves; Dearborn G. Piper, Martin J. K of 60 Hi an Andrew Purtell, of Engine 14. A splendid collation was tendered the guests, and speeches were made by President Hendricks, of the Gonvention; Chief En- | eer Bates, Colonel James M. Turner, Chief Baulch, Vhief Raymond, Chief Smith and others, A FERRY WAR. An injunction was granted yesterday by Judge Dono- hue restricting the Board of Commissioners of Pilots from doing anything with the pier of the New York and Staten Island Ferry Company at Stapleton, 8. 1. MARRIAGES AND DEATHS, MARRIED, Bnoxsox—Doxatnsox.—At Edgewater, near Barry- town, on Tuesday, October 5, by the Rev, Fathor Pres. ton, Roser D. Broxsox, of New York, to Isape1, daughter of the late Robert Donaldson. Conmack—ReyNoLps—On Tuesday, September 21, by Rev. A. D. Vail, at tho residence of tho bride's ronts, Mank N. CORMACK to ANNik B, ReYNoups, all of New York. Hant—Torren.—At Trinity oat, on Tu iy, Oo tobor 5, by the Rev, A. A. Rickert, of Philadelphia, Dr. C. L. Harr, of Philadelphia, to Bunn, youngest daughter of W. W. Tupper, Esq,, of this city. No cards, BIRTH. ‘Witson, —At East Orange, N. J., on Monday 4, the wife of Tuomas WiLsox, of a son. DIED. Borcurrs.—At Seacancus, October 4, after a short iMness, Joun Hawny Borcners, the beloved husband of Rebecca Borchers, aged 58 years, 1 month and 21 daya, Dearest father thou has left ns, ‘And your loss we deeply tocl, But 'ts God who hast bereft as, He will all our sorrow heal, Relatives and friends of the family aro respectfully invited to attend the funeral, from his late residence, Seacaucus, N. J., on Thuraday morning, at ten o'clock: Baxnnax,—On Tuesday, October 5, Marcanet Baun- wax, of Ballzlinan, paris of Aries, Queens county, Iro- earn, land, ager y Relatives and friends of the family are respectful Invited to attend her funeral, on Thursday, October from the fesidence of her mothor, No. 600 Kast Twonty” sutra treet, Calvary Cemetery, oRT.—-On Monday, October 4, at the age of 42 yoars, 4 months and 18 daye'Joseen Bont, F. Fae Byaye.—On Tuesday, October 5, 1875, Many ANN® Banan, the beloved wifo of Patrick 1. Byrne, ‘The relatives and friends of the family and those of her brother-in-law, Jolin Byrne, are invited to attend her funeral, on Thursday, the 7th inst, from her late residence, 434 West Forty-sixth stroot, Conmoax,—On Monday, October 4, 1875, Jauns Con- RIGAN, aged 22 years, 11 months and'28 days, Friends of the family aro respectfully invited to at- October street, and whose body was found last Sunday evening, | had been living some time at tho corner of avenue A | and Sixteenth street, and on leaving there told one of najabbars ! tend the funeral, from the residence of bis mother, 163 East Thirty-first street, on this day, at one o'clock. Dexver.—In Jersey City, October 4, of diphthert Haney J., son ot John W. and Susan Denver an grandson of H. J. Hallock, aged 6 months and 24 days, The relatives and friends of the family are invited to Attend the funcral services, on Wedn y half-past seven o'clock, at the residence of 107 Growe otroot Jorkey City te evening, at h ts, Poin ba Hia rama | chapel, Twenty-t taken to Peekskill for interment on the 9:10 Thursday morning, from the Grand Central depot. De Rivera.—On Sunday, 34 inst., Juana M. only child of Thomas and Adeline de Rivera, aged years, 2 months and 4 days, Relatives aud friends are respectfully invited tof attend the funeral, from the resenoe of her parent No, 124 East Forty-ffth. sureet, an Wednesday morn: ing, at half-past ten o'clock, NNELLAM—On Tuesday, October 5, Kati oe bed McCabe, Esq. loved wile of Ed. Donnellan and daughter o! ‘The burial will take place on Thursday, October from the residence of her father, 431. West Twenty? fourth street, at half-past nine o'clock A. M.; thence St. Vincent de Paul's church, Twenty-third. street, tween Sixth and Seventh avenues, and thence to vary for interment, Donn.—On Monday, October 4, Tuomas Doww, in that 63d year of his age. Relatives aud friends of the family are respectful invited to attend the funeral, from his late resid 388 First’ avenue, this (Wednesday) morning, at nin o'clock; thence to the Church of the Epiphany, Secon aveuue and Twenty-first street, where high mass inj requiem will be said tor the repose of his soul; # to Calvary Cemetery, at one o'clock. EGan,—Suddenly, on Monday, October 4, Parner Baan, the beloved husband of Mary Egan, aged 46 ears, Pi . ‘The relatives and friends of the family, also those o! his brothers, John and Martin, and his brother-in-law, James Cogan, are respectfully invited to attend thi fun this (Wednesday) afternoon, at half-past on: from his late residence, 560 Second avenue. Feeratt.—In Brooklyn, E, D., October 4, 1875, Man A. FeeRawt, son of the late John #ervall, in the 291! year of his age. ‘The friends of the family are invited to attend the: funeral, from the residence of his mother, 162 Fiftl street, on Thursday, at half-past one P. M. i Fiyxw.—At his residence, 816 Wost Thirty-seventh{ street, on Tuesday, October 6, 1975, Varnick FLYNN, | aged — a native of the parish Cloune, county), Leitrim, Ireland, Notice of funeral hereafter, Fornxs.—On the 4th inst, at the residence of hisf father, William Forbes, Rahway, Tuomas JevrErso Fours, aged 42 years, The relatives "and friends of the family are re- spectfully invited to attend nis funeral, at his father’s; residence, on Wednesday, the 6th inst., at one o'clock: P.M. Train will leave for Rahway, N. J., at eleven o'clock A. M. Coaches will be at the depot on the arrival of the train. HeGEMAN.—On Sunday, 34 Inst., suddenly, WiuiAMi HeGeman, aged 59 years, Relatives and friends aro fully invited to at-) tend the funeral at the Church of the Incarnation, cor=) ner of Thirty-fifth street and Madison avenue, o1 Wednesday morning, 6th mst, at ton o'clock. Houmes.—On Sunday, October 3, CARoLIne M./; Ho.msgs, daughter of Jobn B. and Caroline M, Holm deceased, in the 48th year of her age. She came with smiles, ‘The hour of pain to cheer. Funeral services at the church of the Divine Paternit} (Dr. Chapin’s), corner Fifth avenue and Forty-fift street, on Wednesday, October 6, at twelve o'clock ML Relatives and friends, also AlphaChapter, 0. E. S., No. 1y are invited to attend. Hoyy,—In Jersey City, on Monday evening, Octobert 4, 1875, Mania T, Huns, Widow of Peter Hunn, in tha 80th year of her age. Funeral services on Wednesday, October 6, at three o'clock P, M., at her late reside: Taylor’s Hotel. Hywes.—On Monday, October 4, Jous, the belove and oldest son of Patrick and Bridget Hynes, aged years, 7 months and $ days, Relatives and friends of the family are respectfully’ invited to attend the funeral, from the residence of hia parents, 117 Mott street, ‘on this day (Wednesday), October 6, at one o'clock, Jacows—On Monday, October 4, Mary Louisa: Jacons, in the 32d year of het age. Relatives and friends are respectfully invited to at tend the funeral, on Thursday, October 7, from Calvar: hird street, between Second and Third ‘The remains willbe taken to Woodlawn fos avenues, interment, James.—At Brooklyn, on Sunday, October 3, Junta Svypam, wife of Charles A. James and dwughter of tha late John E. Van Antwerp, of that city. Faueral services at the Church of the Redeemer, Fourth avenue and Pacific street, Brook!yn, on Wednes aay, 6th inst, at three P, M. AMIESON,—In this city, on Tuesday, October 6, Mrs. CaTuerine Jamivso, in the Téth year of her age, widow of the late Joseph Jamieson, of Strattord, Conn. Friends of the family are respectfully invited to at. tend the funeral, from the residence of her daughter, 178 Bowery, on Friday, October 8, at two P. M. Jouns. —On Tuesday, October 5, 1875, Many Jonxs, « native of county Monag! sed OT years. The relatvowuad fricude 3 tho fatally ure Feat to attend the funeral, on Thursday morniug, at half- nine o'clock, from her late resid 300 Bast Thirty< fifth street, to St. Gabriel’s charch, where there will be a solemn mass of requiem for repose of her souly from thence to Calvary Cemetery for interment, Chicago and Leavenworth papers pleas. copy. Letwxrrz.—On the 8d inst, at the re-itence of hist brother-in-law, M. Bergman, 112 West Twenty-fifthy street, Ferpinano, Leuaura, in the Udth year of hig age. His faneral will take place from the above residenco on Wednesday, October 6, at two P. M. s LEMMERMANN.—On Octobor 4, Gnowcx Lmenenna, - of _ and Sophia Lemmmermanu, aged 6 years an: mont Relatives and friends are respectfully invited to ate tend the funeral, {rom the residence of his parents, 15! Bergen. avenue, corner Union strecy Jersey ‘City Heights, on Wednesday afternoon, at halt-past one o'cloel Mauioxy.—In Jersey City, on Tuesday morning, tober 6, Catinnink, the beloved wife of Thomad Mahony, Jr., aged 24 years. The relatives and frends of the family are respecte fully invited to attend the funeral, trom lier late reske dence 354 Grove street (old number), ou Thursday afternoon, at two o'clock, i Maituig.—On Monday, October 4, Ronert, infant som of John and Emma haytinale are 1 year aud 11 months, icin remains were in! at Cypress Hills, Octo« er . MaRtix.—In Brooklyn, on Tuesday, October 5, Mrs. ASN MaktiN, aged 64 years, native parish of Cloony county Leitrim, Ireland, Funeral will take place from her late residence, No. 179 York street, on Thursday, October 7, at two P, M. Relatives and friends of the family are respectfully in~ vited to attend. McCiymoyt.—On Monday, October 4, of diphtberia. Geet L. MoCurmont, only daughter of J. C. and E, IL McClymont, aged 7 years, 11 months and 1 day. : Faneral services on Wednesday evening, at half. , seven o'clock, at the residence of her pareuts, 224 Kast Eighty-fourth street. The relatives and friends of th family; also members of Architect Lodge, 519, F. an A. M., are respectfully invited to attend. The remaing to bo taken to Woodlawn Cemetery on y morning, at ten A. M., for interment, McQuapk—Qn Tuesday, October 5, Joserm Hxwny,, oldest son of Francis and Bridget McQuade, aged years, 2 months and 21 days. ‘ The relatives and friends are respectfully invited ter attend the faneral, on Tharsday, Tth inst., at one P, M.,, from the residence of his parents, Seventy-seventhd street, wost of First avenue, Negrcs.—At his residence, Flathmsh, L. 1, on Tues-/ day, October 5, Joun Nexus, in the Sid year of hig. age. Relatives and friends of the famfly aro respectfully invited to attend bis funeral, from the residence, on, ‘Tharsday, 7th inst, at two o'clock P. M. OakLEY.—On Sunday, 3d inst, Mons D. OaKiey, in, the S8th year of his age. Relatives and friends are invited to attend the fanerat from his late residence, 546 West Thirty-ii/ih street, oa Weduesday morning, at eleven o'clock. Prox.—At the residence of her sister, Mra. LL R. Boyd, East New Brunswick, October 4, Miss Saran ML Peek, aged 33 years. The funeral services will take place at the house of N. D. Hinman, Birmingham, Coon., Thursday, October 7, where the remains will be taken. Punxover.—On Tuesday, October 5, at the residence. of his son-in law, Captain Edward H. Cottin, No, 455 La- fayette avenue, Brooklyn, Joan W. Pexsover, agod 60 years. Funeral services at tho above number on Thursday, at eleven o'clock A.M. Relatives and friends are in” vited to attend. Remains will be taken to athens for ore ber 4, 1875, Ps LEY. —On October , Patrick Rive, agod 46 years, a native of Athboy, county Meath, ireland, The friends of the family are respectfully invited to attend bis funeral, on Thursday, October 7, at one P. M., from his late residence, 320 Kast Thirty-ninth street, Sans.—On Monday, October 4, 1875, Many S. Sans, the beloved wife of Daniol Sahs and daughicr of Kilem Bayon, aged 20 years, 4 months and 4 days. ‘he relatives and friends of the family are respect fally invited to attend the funeral, on Thursday, the 7th, at two o'clock P. M., from her late residence, 446 Van Brunt street, South Brooklyn, Sanaxa.—At Westport, Conn, James MH. Sacer, Aged 34 years, Relatives and friends of the fami! {nvited to attend the funeral, from his | No. 209 McDonough street, ‘corner Y Brooklyn, Long Island, on Wednesday, at twel . The remains will be removed tw the family vault in Sherborn, Mass, Suyra.—Mra. Teresa Os. on Ootober 6, ot Sixty-tirst aged at her residence, 941 Tenth avenue, co street, Her remains will be taken, on Thursday, October 7, at eight o'clock A. M., to St Ye chure:s, West Fitty- ae where @ solemn requiew jase will offei Terwittsorr.—Suddenly, on Monday, October 4, Whrrors Linger ag 31 years. members of Rurcka. Tho relati tries and Newburg Susmons—Euroka Lodge, F. A. M.—Brethron, you aro hereby summoned to nd 4 “<pecial com-~ munication on Thursday, 7th inat, at tv-ive o'clock, at tho lodge room, Composite Rooms, Misonic Hall to pay the last tribute of respect to the memory of our late brother, Wetmore Terw: 4 BOsiin, W. M. Joann A. Coon, Secretary. j ee of sister lodges are fraternai'y invited to join. Trov.—On Sunday, October 8, Winviia M. Troy, LY inti id friends tend ‘ rel ves an jen are Invited funeral, from his late residence, 806 Dour rer Ke ‘Wednesday, the 6th inst, at ive taleaeap pase twelve P.M. N. B.—Puneral postponed from Tuesday, the Sth, to Weddesday, the 6th, Ven PLANCK. —At West Philadelphia, te, Seemaben 21, J. Caurnxts, only survivi . Julia C. Ver Planck.” ing eon of Philip W. and Waian.—On Tuesday, October 6, of diphtheria, Karim Wass, only daughter of John'and | alshy aged 3 years, 2 months and 2 days, repost Relativi 'd friends of tho famfly are respectfully uneral, from the ret i Darenta 2A Mott etraet Ortoher dé. atiwo aad baad homers