The New York Herald Newspaper, October 7, 1875, Page 5

THE COURTS. ’ A New Trial on the Mank Counterfeiting Case. AN ITALIAN MURDER. In June, 1875, William G. Mank, ex-Custom House Inspector, was convicted in the United States Circuit Court, under section 6,421 United States Revised Stat- ‘utes, for having in his possession, with intent to sell, $1,500 in counterfeit money. On the trial the government proved that a Secret Service detective made the acquaintance of Mauk by saying that he was a friend of Thomas Congdon, who ‘was awaiting trial for counterfeiting. He agreed to purchase $1,500 in bogus money from Mank, who had received it from Congdon. The detective testified that Ihe agreed with Mank to destroy the money, for which he gave Mank $200. Counsel for Mank, ex-Judge Dit- tenhoefer, requested Judge Benedict to charge that “as the intent to defraud was a necessary and essentia? in- gredient, under the statute, of the crime, if the jury believed there was no intent to defraud they must ac- quit.’? Judge Benedict declined to do so, 2nd the jury found a verdict of guilty. Cgunsel for defendant then moved for a new trial, and submitted the following as reasons why it should be granted:—That the evidence estab- lished that Mank sold for $200 the counterfeit money in question to Porter, the detective, then supposed by him to be interested for the benefit ot Thomas Congdon, a counterfeiter, for the purpose of having it destroyed, and that Porter promised the defendant to destroy it or to see that it was destroyed; thgt such possession was not an offence under the law; that keeping in possession counterfeit money is no offence under sec- ton 5,431, R.8., unless it be kept with intent to de- fraud by passing, publishing, uttering or selling; tha the detendant’s imprisonment, if the conviction is sus- tained, perhaps for fifteen years, will be based on tho dubious parsing of the language of the statute, which parsing will be final as against the defendant, with- out appeal or review; that the Court cannot sustain the conviction, uniess it is prepared to say that it is certain, beyond a doubt, thut the statute is prop- erly susceptible only of the construction given to it by the goverument and is not susceptible of the con- struction given by the defendant. Under the govern- mental construction the question of ‘intent’? does not | enter into the case at all. Under the other construc- tion it is the question of the intent of the prisoner that becomes the important and vital consideration—the itent of the prisoner, not the intent or the opportunity for fraud of the person to whom the prisoner may have sold or delivered the counterfeit money for destruction. Ifthe “intent to defraud” is, as defendant claims, a necessary apd essential ingredient, it is submitted that the inference and presumption of an “intent to de- fraud” arising from the possession of this quantity of counterfeit money was negatived and entirely overthrown by the evidence of the prosecution, unless it be held that the selling of counterfeit. money for a consideration, but for the purpose of and with the intent that it be destroyed, is a selling with “intent to defraud,’? It cannot be so held, for not only is nobody injured or defrauded by the destruction of the coun- terfeit money, but the possibility of any one being ever defrauded by it is forever done away. — Only by its cir- culation, and not by its destruction, can the mischief which it is possible for counterfeit money to effect be accomplished—to wit, the depreciation of the currency and cheating the public, &c. Yesterday Judge Benesict rendered a decision granting the motion for a new trial, on the ground that he had a doubt about his action in excluding from the jury the question of intent, DECISIONS. SUPREME COURT—CHAMBERS, By Judge Lawrence. Flint vs. Hemenway.—Injunction continued. Opinion, Matter of Mahony.—Must take an order of reference, Hampson ys. Hail; Belmont vs. Vyse.—Granted. Matter of Sefton. Order granted. SUPREME COURT—GENERAL TERM. By Judges Davis, Brady and Daniels, Ferris, &c., vs. Ferris et al.—Judgment affirmed. Dpinion by Judge Brady. Godfrey, &c, vs, The People, &c.—Judgment af- firmed. ‘Opinion by Judge Brady. Giles vs. Spaulding et al.—Report set aside; new trial franted; costs to abide event. Opinion by Judge Brady. Sinbury vs. Sheldon et al.—Judgment reversed, with wosts. Opinion by Judge Brady. The People, &c., vs. Tweed, &c. —Order affirmed, with $10 costs, besides disbursements, Opinion by Judges Daniels aud Brady, y. Mills vs. Hildreth.—Judgment reversed; new trial | granted ; costs to abide event. Opinion by Judge Brady. The People ex ret, Floyd and another vs. Conkling. — Order affirmed, with $10 costs and ursements, Opinion by Judge Daniels. The People, &c., vs. Tw $10 costs besides disbursement id motion below de- bo with $10 costs, Opinion vy Judges Davis and rady. Same vs. Same.—Order so far appealed from by de- fendant adirmed, with $10 costs and disbursements, Dpinion by Judges Davis and Brady. The People ex. rel. Clapp ys. The Department of Police and another.—Certiorar dismissed with costs, Dpinion by Judge Davis, By Judges Davis, Donohue and Danicls, Bough vs. The People, &c.—Judgment reversed and ew trial ordered. Opinion by Judge Daniels, Matter of Rae.—Order reversed; proceedings to be re- mitted to Special Term, there to remain in statu quo | until decision of the action mentioned in the opinion; | order to be made providing that until then the pro thould not be sold; order to be settled by Tauge Srady. Opinion by Judge Brady. COMMON PLEAS—SPECIAL TERM, By Judge Loew. Wheeler vs. Murray et al.—Motion to continue in- junction denied. Knapp vs. Campbell et al.—Application of bail for ‘eave to renew a motion for leave to surrender their orincipal granted on payment of $20costs, Order to bo \ettied on notice. . By Judge Robinson. Clark vs. Clark.—Reterence ordered. SUMMARY OF LAW CASES. A motion was made yesterday in Supreme Court, Bencral Term, by ex-Judge Davis, to admit to practice m the courts of this State General Anson G. McCook, ‘ate of the Ohio Bar. The United States Grand Jury came into the United Hates Circuit Court yesterday morning and presented ‘everal indictments, The names of those indicted will vot be made public for several days, Another batch of ‘wdictments will be handed in next week. Ernest Rohr, a grocery clerk, was brought be- fore a United States Commissioner yesterday, tharged with having given a counterfeit $1 United States greenback in change to a boy named Joseph Bernstein, Rohr was held under $500 bail for exami- aation, The counterfeit was made on poor paper, with- wut a particle of engraving on it, the whole work being fone with a pen and ink, a red crayon and gregn paint washed in with a brush. The work resembled the early attempts of a schoolboy in drawing and coloring, In the matter of the suits by the United States against the firm of HB. Claflin & Co, for alleged purchases of silks, &c., in violation of the provisions of the revenue laws, Mr, Elihu Root, for the defendants, put in an ap- pearance beforethe United States District Court yester- day. Tn the case of Ira M. Clapp, the Supreme Court, Gen- eral Term, yesterday dismissed the certioran, holding that the Police Commissioners have full power to re- move policemen on charges after due notice and trial, and that the General Term cannot review on certiorari, unless there Was a mauilest defect or plain excess of turisdiction. In the Mechanics and Traders’ Savings Institution tase, the Supreme Court, General Term, yesterday aflirmed the order of the Court below denying the appli- cation to continuo the injunction enjoining Alfred T. Conkling, President aud director, from exe any of the powers of those offices on the ground that he hat loaned $100,000 of the institutiowt’s funds on insufti- sient security. [twas held that there were not facts suf- ficient to justify the continuance of the injunction. A motion, was made yesterday in Superior Court, General Ter, before Judge Freedman, for a reference in the suit brought by the Atlantic Matuai Insurance Jompany and tive other companies to recover 78,204 08, alleged loss sustained in the stranding in ovember, 1863, in the harbor of San Francisco, of the ship Aquilla, having on board the materials for build- ing the United States gunboat Comanche, Judge Freedman took the papers. Willian Berrigan obtained yesterday before Judge J. F. Daly, of the Court of Common Pleas, a warrant tor $672 3S for services as attendant in 1569 upon the Su- creme Court, Judge Daly, in directing the verdict, drew a contrast between the number of court officers under the old “ring” régime and at present,@when the appointments are made by the judges. There were for- merly, he said, some 100 court ouicers who never did anything else beyond drawing their salaries. ‘here was a lengthy argument yesterday before Judge Freedman on the order to show cause why the injunction should not be continued restraining Kiralfy Brothers from allowing The Stage to ve distributed at the Academy of Music, instead of The Bill of the Play. Mr, William F, Howe appeared for Morrissey & Ander- fon, publishers of the last named paper, on whose be- half the temporary injunction was obtained, and ex-Judge Cardozo jand Mr, Richard 8, Newcomb in op- position, It was contended by the latter that there were not Bills of the Play enough distributed to accom- modate the large audiences nightly filling the Academy of Music, and that for this reason The Stage was also employed to print the programmes, and further that there was no limit to the contract. After these objec- tions had been answered Judgo Freedman took the papers, reserving his decision. ‘he Supreme Court, General Term, have ordered a new triai in the case of John Bough, tried before Judge Sutherland, in General Sessions, on a charge of forging adeed. During the trial there cireumstances bronght out tending to connect the accused with the real estate forgeries of the Sacios, The prisoner's coun- tcl, Mr, Peter Mitchell, requested the Judge to charge, among other things, that there was no evidence against -Order reversed, with | NEW YORK HERALD, THURSDAY, OCTOBER 7, 1875.—TRIPLE SHEET. jot the Court indignantly refused to hear ent ie Judge's indignation. fa set forth in the al as und of exception, Judge Daniels, who delivered the General Term opinion, pertinently re- marked that the administration of the criminal law has deco! so technical as to leave it in doubt sometimes whether it is the Judge or the accused who is the sub- of investigation. He holds, however, that Judge Tana erred in refusing to charge that the altera- tion of a genuine deed was not proof of forgery, if only made to conform the deed to the intended facts between the parties. On that ground a new trial was ordered. COURT OF OYER AND TERMINER. ALLEGED MURDER FROM JEALOUSY—TRIAL OF FRANGI, AN ITALIAN, CHARGED WITH THE MURDER OF MORRELLI, ANOTHER ITALIAN— ALL THE TESTIMONY SUBMITTED. Guiseppi Frang!, an Italian, charged with the mur- der of Giovanni Morrelli by stabbing him to death with aknife on the 17th day of July last, at No. 215 Hester street, was placed on trial in the Court of Oyer and ‘Terminer yesterday before Judge Barrett. The facts, as presented before the Coroner, showed that Frangi was on @ visit to Morrelli, at his rooms; that while there a Mrs. Perry called to see Morrelli upon some business; that upon entering she addressed Frangi in a few words of Italian, which he, misunderstanding, construed into an insult, whereupon he struck her in the face with this hand; that Morrelli interfered; that Frangi at- tempted again to.strike Mrs. Perry, but was preventer that he then left the room, and the door was closed, that shortly afterward Frangt returned and endeavored to gain admittance to the room, but, being refused, he pushed in the door, and, brandishing an open knife in his hand, advanced toward Morrelli; that Rosando, another Italian, attempted to grasp the knife, but failed, receiving several cuts; that Frangi sprang at Morrelli and plunged the knife into his right breast, inflicting @ mortal wound, from the effects of which he died at Bellevue Hospital on the 19th of July. The autopsy revealed the fact that internal hemorrhage was the cause of death. District Attorney Phelps and his assistant, G. W. Lyons, prosecuted for the people, while Mr, William F. Kintzing and Jobn 0. Mott acted as connsel for the prisoner. A jury was impanelled without much difficulty, after which Mr. Lyons briefly opened the case to the jury, reciting the facts he expected to prove, and saying that the people would claim a conviction ugainst the prisoner of murder in the first degree. ‘Mrs. Margaret Perry testified that she resided at No, 808 Mott strect; on the 17th of July she called upon the deceased, who resided at No. 215 Hester street while there she saw Frangi; she spoke to him in Italian; he did not answer, but came up to her and struck her in the face; the deceased took her part, which enraged the prisoner; he tried to strike her again, but the deceased saved her; Frangi then lett the room, and the door was closed and locked; atter a while he returned and tried to get in the room; they would not let him in;_ he then pushed into the door; ‘she saw aknife in his hand; he made a rash for Morrelli and knocked nim against the fireboard, and then stabbed him in the chest; she saw blood spurt out of the wound; the prisoner then ran out of the room and tried to escape, but was captured. Catharine Jovani, of No. 215 Hester street, was in the room at the time and witnessed the stabbing of Morrelli by the prisoner; she corroborated the testi- mony of Mrs. Perry Joseph Rosardo testified that he lived in the same house with deceased ; was in the room at the time Mor- relli met his death; was im the room at the time the prisoner returned ; ‘he tried to get into the room; being refused, he pushed inthe door; he saw aknife in his hand; saw him stab Morrelli in the chest with a knife | and ted to get the knife away from him; he cut me on the fingers and chest; prisoner tried to escape; was followed and arrested im the street. Olicer McNamara, of the Fourteenth precinct, test! fied that he was on post in Hester street on the 17th of July; he saw the prisoner run out of a house. pursued by Morreili and another man; Morrelli was crying, “Murder, 1 am stabbed” he was bleeding; the Knite, which was thrown away by prisoner, was found in the urd, covered’ with blood, and was ‘given tome by ap talian. ‘Thomas J, Kearney testified that he was house sur- geon at Bellevue Hospital; Morrelli was admitted to the hospital on the 17th of July, suffering from a stab wound in the chest; he began to sink rapidly until the morning ot the 19th, when he died. In his opinion, death was the result of internal hemorrhage. Deputy Coroner Marsh testified that on the 19th of July, at the hospital, he made an autopsy on the body of Glovannt Morrelli and found a stab wound on the chest, the blade of the knife having passed into the chest, penetrating through the third and fourth ribs, causing internal Hemorrhage; the other organs of the body were perfectly healthy; death was caused from be ise hemorrhage, the result of the stab wound. he people here rested, and Mr. Kintzing opened the case for the defence, claitring that there should not be a conviction against the prisoner of a higher crime than manslaughter. The act, he contended, was the result of passion, and with no intention to take the life of the deceased, , ‘The prisoner was placed on the stand. He testified that he was an Italian, and had been in the country about one year; he lived with Morrelli, but never had | any difficulty before this with him; he came into the room, saw Mrs. Perry there and slapped her on thefuce in fun; Morrelli got angry, and he went out of the room; when he came back Morretli struck him with a piece of wood and scratched his face; he was then bewildered, and took his knife out of his pocket; he opened tho biade with his teeth and stabbed Morreili; he did not | intend to killhim; he never was arrested before; the knife he used he always carried about mim; it was a knife which he had in Italy. The witness was cross-examined at considerable length, but no new facts were elicited, After the ex- amination Judge Barrett, at six o’clock, after the usual caution to the Jury, ordered an adjournment until to- day, when Mr. Kintzing will sum up the cage on the | partof the defence and Mr. Lyons on the part of the people. COURT OF GENERAL SESSIONS. Betore Judge Sutherland. PLEADED GUILTY. John Bloomfeld pleaded guilty to the charge of hav- ing stolen a watch and chain, valued at $10, trom the person of William Dougherty, on the night of Septem- ber 26. Sentenced to State Prison for two years. Frank Emerson pleaded guilty to an indictment charging him with stealing $70 worth of thread from sentenced to two and a half years at Sing Sing. AN AMATEUR DETECTIVE. William Grey, a boy of sixteen years, was convicted of larceny from the person, The indictment charged that on the morning of August 27 the accused had picked the pocket of Robert ©. Cook of a ten cent stamp, while the latter was standing at the corner of Broadway and Fulton street. The accused was con- | victed upon the testimony of a young man named | Edward ©. Oppenheimer, who stated that he saw the theft cgmmitted and gave chase to the boy, who escaped. From that time forward whenever the ‘witness was in that locality, he kept a sharp look out for the boy, and some three weeks after saw him on Broadway.’ Witness immediately went to the station house and returned with an officer whom he assisted in arresting the boy by attempting to twist around his hands a short piece of chain with a handle on either end, which the witness described as “nippers of the latest and most approved pattern.”” This contrivance he produced from his pocket in court and stated to counsel that he carried it with him habitually. He public or privat Counsel for the accused at- empted to convince the jury’ that the witness had a monomania for playing detective, and had ar- rested the prisoner merely to find use for his ‘*nippers.” The jury added a recommendation to mercy to their verdict, and in consideration of this fact, and also on account of the previous good character of ‘the accused, His Honor made the sentence as light as possible— eightecn months in the Penitentiary. POCKETBOOK SNATCHING, ‘Thomas Moore, a boy, was tried on an indictment charging him with having, on the morning of Septeniber 22, snatched a pocketbook containing $12 from the hands of Mrs. Amelia 8, Freeman while she was walk- ing along Franklin street, near Greenwich, The com. plainant was unable to positively identify the accused, and he was accordingly found not guilty. LEAD PIPE ROBBERY. George Meyer, a German baker, living at No, 7 Suffolk street, was tried on the charge of having stolen from a building in course of erection at No, 121 Chrystie street a quantity of lead pipe and brass faucets, valued at $75, tho property of George B, Brown, who was doing the plumber’s work on tho premises, The property was taken on the morning of September 17, Two hours later the accused was ar- rested in the street with a basket containing a j mowed of lead pipe in small pieces, which one of Mr. rown’s workmen identified as part of the stolen prop- erty. Meyer, when put on the stand, stated that he found the basket and pipe behind some barrels in Murray street, where he had seen it hidden by some boys, Who ran off on seeing him, and that he was on his way home with it when arrested, Several witnesses, including his employer, testified to the general goo character of the accused. The jury found him guilty of grand larceny, but recommended tiim to the mercy of the Court. “His Honor accordingly pronounced the lightest sentence permitted by the statute—one year in State Prison, WASHINGTON PLACE POLICE COURT. Before Judge Wandell, ANOTHER BELL PUNCH SWINDLE, Thomas W. Byron, of No. 579 Seventh avenue; Richard Bonnett, of No, 120 West Fiftieth street, and Louis H. Merry, of No. 1,895 Broadway, three conduc- tors on the Broadway and Seventh Avenue Railroad, wore arraigned at the above court yesterday on a charge ofembezzling money from the company. They were arrested at eight o’clock on Tuesday evening by Officer Canning, of the Twenty-ninth precinct, on complaint of James W. Foshay, tho President of the road, Some time ago Mr. Foshay was notified that a number of com ductors on the road wore supplied with a machine which simulated exactly tha ~ sai«< o ty. the Edgar Auchincloss, of No, 47 White street, and was | stated that he was not a policeman or detective, either | | Davis, Brady and Daniels.—Nos, 8914, 97, 98, 112, 113, | | Monday, October 11. | Hel bell belonging to the punch. He made further investi- ion into the matter and discovered that the jnformation supplied him was correct, and by means of this contrivance dishonest conductors were enabled to defraud the company extensively. ‘The article in ques- tion consists of « small sized gong covered by a polished late, which can be attached to the clothing, This gong 8s generally fixed on the mside of the band of the panta- loons, and from it hangs a strap or something to repre- sent a fob chain, When the conductor who is supplied with this argcle wishes to use it he places the bell- punch close to his body, near his waist, and pretends to Ting it, but instead he pulls the strap attached to the gong fastened to his pantaloons and produces the de- fired effect, The three men who were arraigned yesterday had deen watched for several days, and their manner of ringing the fares had been carefully noticed, On the persons of Thomas W. Byron and Richard Bon- nett were found the little gongs fastened —as described, On Louis H. Merry, to whom suspicion also pointed, nothing of the kind ‘was found, but he was charged by Mr. Foshay with obtaining a position on the road under an assumed name, his real name being, as alleged, Harding, instead of Merry. The President requested Jude Wandell. yesterday morning to remand the case until this morning, that he might be able to produce the necessary witnesses to testify as tothe embezzlement charged, This request ‘was granted and the three conductors were sent back to the Thirtieth street station house. asskULT ON AN OFFICER, About half-past seven o’clock on Tuesday evening Officer John Poppe, of the Ninth precinct, was called into the house No. 26Greenwich avenue by a woman who said she desired protection from her husband, who was wildly intoxicated, and who had threatened to take her life, Officer Poppe went into the house, and with some difficulty brought the husband, Michael Burke, out on the sidewalk. When Burke arrived there ho suddenly turned on the officer and commenced a des- perate struggle to get away. ‘The offier managed to hold him for some time; but before he was aware of Burke's intention he received a kick in the abdomen which at once prostrated him. Officer Ellis came up in time to secure Burke; but Officer Poppe had to be ear- ried to his home, where he now lies seriously injured, the kick he received from Burke having caused a rup- ture, Judge Wandell yesterday committed Michael Burke to await the resuit of the officer's injuries, CHARGED WITH GAMBLING. Joseph Brooks, Joseph Tormandy and John M. Douglas, who were arrested by Captain Van Dusen and Detective Slevin in an alleged gambling house at No. 856 Broadway, on Tuesday night, were arraigned before Judge Wandell yesterday. There was no evidence to prove that these persons were gambling at the time of the arrest, though the gambling implements were found in the room in which they were. Judge Wandell said it was his moral conviction that the men before him were gambters, and he would very much hke to hold them, Still the law did not give him that power, and with much reluctance he would discharge the pris- oners, ESSEX MARKET POLICE COURT. Before Judge Smith, ATTEMPTED BURGLARY. Early yesterday morning Mr. Charles Machovsky, of No, 214 East Third street, was notified by a neighbor that two men were acting in a very suspicious manner in the vicinity of his stable, at No. 209 East Third street. Mr. Machovsky called the attention of Officer White, of the Eleventh precinct, who arrested them and brought them to the Union Market station house, were they gave their names as Willian McGuire, of No. 183 | Ludiow street, and Charles Gilles, ot No. 226 Kast ‘Third street, ‘After their arrest it was discovered that the padlock had been forced off the stable door and the bolt had been drawn, everything being in readiness for the burglars’ entrance, Judge Stnith held the pr yesterday in $2,000 bail to answer. FIFTY-SEVENTH STREET COURT. Betore Judge Kilbreth, ALLEGED SHARP PRACTICE BY LUMBER DEALERS. George G. Van Horn, lumber dealer, of Fourteenth street aif Ninth avenue, and Henry Royce, his clerk, were yesterday held for trial at this court on a charge of conspiring to defraud Wilson & Watrous, of Thirty- | ninth street and First avenue, out of $1,081 worth of | lumber, The means used were two worthless notes given by Charles Farnham, of No. 580 Hudson street, who declares himself insolvent, to Van Horn in liquida: tion of a debt. Farnham admitted in court the worthlessness of the notes, but claimed that he had no knowledge of the purposes to which | Van Horn intended to putthem. He had been in- cluded in Mr. Wilson’s complaint agamst Van Horn and Royce as co-conspirator, but bis innocence having been | established by him in court he was discharged. The others gave bail in $1,000 each for trial at the General Sessions, having waived an examination at this court, ners AN OUTRAGE, Sarah Hulin, of No, 227 East Forty-first street, ap- | peared as complainant against Chester B. Parsons, an agent fora sewing machine company, who had as- saulted her. Mrs. Haulin had purchased a machine on the instalment plan, and had not been as prompt as was desired in her payments for it. Parsons went to her place to take the machine away, when the alleged | assault was committed, Parsons was held for trial and & Warrant issued for the arrest of another agent, who was present and encouraged the assault, COURT CALENDARS—THIS DAY. Scrreme Covrt—Cramners—Held by Judco Law- rence.—Nos. 85, 102, 110, 111, 114, 139, 121, 133, 159, 164, 170, 178, 189, 192, 194, 199, 210 211, 2¥4, 258 265, 268, 281, 283, 254, 288, 290, 205, SUPREME URT—GENERAL TeERM—Held by Judges 115, 8, 42, 44, 51, 69, 119, 122, 123, 124,125, 129, 130, 182, 134, 135,136, 159, 160. Supreme Court—Sprciat Term—Held by Judge Van Vorst.—Demurrers--Nos, 13, 15, 16, 20, 30, 34. Law and fact—Nos. 38, 271, 149, 478, 424, 156, 102, 570, 578, 581, 582, 595, 596, 598, 600, 605, 606, 617, 620,’ 481, | 623, 624, 625, O34. | SurreMe CourtT—Circorr—Part 1,—Adjourned to | Monday, Octover 18. Patt 2—Hleld by. Judge, Loow.— Nos, 1486, 1468, 1438, 408, 726, 996, 87044, 3212, 167634, 1562, 1808, ‘1605, 1610, 1614, 1616, 1618, 1622) | 1624, 1626, 1630, 1638, 1644, 1648, Judge Donohue. —Nos. 2780, 1203, 2788, 1241, 1259, 620, | 1637, 1231, 69, 1853, 1735, 2201, 2981, 655%, 65745, 2749, | 2483, 1137, 1427, 220435, 795, 877, 1443, 1597, 1437, 1761, 8645; 3646, 777, 16173, 1625, 1859, 1015, 1949, 1957, 1961, 1963, 1967. Surerion Court—Spxciat Term—Held by Chief | Justice Monell,—Nos. 1523, 777, 811, 1423, 769, 1401, a a a A TT THE SIX MILLION SUIT. portant Decisions in the Tweed Case by the Supreme Court, General Term. I NO BILL OF PARTICULARS TO BE GIVEN, + The Order of Arrest Not Vacated and No Reduction of Bail. In the long course of litigation of which William M, Tweed has been the unhappy subject the great ex-chief- tain of Tammany and ox-leader of the new Court Houso “Ring” has not, barring, of course, the sentence passed upow him by Judge Davis consigning him as a felon to the Penitentiary, received such a severe blow as that given him yesterday in the decisions rendered bythe Supreme Court, General Term. He received, in fact @ double blow. First in order came the decision upon the appeal taken in behalf of the people from Judge Donohue’s order, given at Special Term, requiring abill of particulars to be given in the new $6,000,000 suit in- stituted against him, The Court reverses this order, and thus spares the city the necessity of attempting to do what in the nature of the case is alleged to be an utter impossibility, and thereby removing an insurmountable stumbling block to the prosecution of the suit. Both Judges Davis and Brady write opinions upon this branch of the caso, Next in order was the decision upon the appeals taken on behalf of Mr. Tweed from the order of Judge Barrett refusing to vacate the or- der of arrest or reduce the bail from $3,000,000 as fixed in the early stage of the present litigation. ‘The Court sustains this order, the effect of which is to continue Mr. Tweed a prisoner at Ludlow Street Jail until he can furnish the amount of bail required. Opinions on this branch of the case are written by Judges Daniels and Brady, We give below the more important.points of the various opinions, JUDGE BRADY'S OPINION, Tn this action the defendant is charged with a fraudu- lent procurement ana appropriation of several sums indicated by warrant® ‘issued for their payments, amounting in the aggregate to several millions of dol- lars, The averments of the complaint charge that the total sum was fraudulently and by false devices ob- tained and used, A schedule of the warrants is aunexed to the comp!aint. The defendant, on the assumption that valid claims to some extent were included in the 4 various sums thus paid, and that it would so appear by a bill of particulars if ordered, applied for one. He thus seeks, it would seem, to change the character of the demand made agatst him, Wy reducing his liability to just such an amount as the acknowledged validity of the claims might make, ‘The obligation to give this information, if imposed, would necessarily require the plaintiffs to examine and ascertain what part of each warrant, if auy, represented a just and legal claim against the city, a duty which was incidental to the office held by the defendant, It would, in effect, re- quire the plaintiffs, therefore, to modify their de- mand—to forego, perhaps, the defendant’s personal liability for the sum paid in gross, and to furnish the defendant with what would be, if admissible asa part thereof, the principal, if not the chief, feature of his de- fence, It would change the gravamen of the complaint and make it substantially thus:—‘The defendant fraud- ulently and by false device obtained warrants which were based upon valid claims to a certain extent, as fol- lows,” &e. This is not the case made by the com- plaint, If the defendant can lessen the apparent fraud by establishing an existing liability to some extent as to each warrant the onus is upon him; the plaintiffs are under no liability to admit‘any lability’ for any sum, The warrants being the result of frauds perpe- trated, the presumption is not that they are so in part only, but on the whole. When the’ warrants were given the plaintiffs did ail that tney should be required to do according to this action, its object and nature, “If, however, this view be erroneous, and if it be by law int | cumbent upon the plaintiff in an action hke this to dis- sect the fraudulent document, separating the good from the bad, and thus take upon himself the burden of protecting the defendant to the extent of his fair dealing, then it must be said that nearly all the vouchers relating to Warrants are destroyed, and were 80, not by the city or the plaintiffs, but, it would seem, by the defendant or the persons with whom he was in league, to perfect and carry out the system by which the frauds were accomplished. it further appears. at least as to some of the bills, that the prices charged were tictitious, and that, being so, no entries were made | upon the books of the sellers, and cantiot be repro- | duced, These are difficulties which array themseives against the success of the application and must defeat it. The learned Justice in the Court below (Judge Don- ohue), on this branch of the case felt governed, it would seem, by the case of “The Mayor vs, Marriner | and Tweed,” but there is a distinction between that cage and this, In that case the claun was alleged to be passed by fraudulent means. I deem it unnecessary to go over the other points discussed by Justice Davis in his opinion. I think he is right in his conclusions as to them, and that the disposition suggested should be madevof the appeal. JUDGE DAVIS’ OPINION, This action is brouglit by the Attorney General in the name of the pecple of the State of New York, under the | provisions of chap. 49, Laws of 1875, p. 43, The right of action is by that act vested in the people of the State in their corporate capacity, and authority is given’ to maintain and prosecute the action independently of any. other public authority; and “whether or not such au- Y | thority he a party to the action brought by or on the part of the State,” * * * The Mayor, Aldermen, &c., are made parties to the action, obviously for the purpose of rendering unnecessary motion to bring them in as parties, So much of the order as requires the plaintiffs to serve an amended complaint that shall pecify what right of interest in the premises the 791, 821, 823, 715, 729, 781, 865, 593, 843. Surexion Court—Triat Term—Part 2—Held by | Judge Sedgwick.—Nos. 688, 696, 1116, 60034, 806, 808, | 836, 844, 866, 868, 876, 1214, 392, B64, 596. j Surerion Court—GeyeRraL Term.—Adjourned until | ComMON PLeaS—Triat TeRM—Part 1—Held by Chief | Justice Daly.—Nos. 723, 2443, 10894¢, 437 35, 2201, 2562, | 1434, 217, 562, 2521, 2511, 1544, 1544}_, 1546, 1546. Part 2—Held by Judge ¥. F. Daly.—Nos. 487, 523, 2388, | 1474, 2750, 2728, 2747, 1635, 1537, 1538, 1699, 1540, 1541, 1542, 1543. Common Preas—Equity Trrm—Held by Judge Larro- more.—N| ), 59. Marine Court—Tria, Term—Part 1—Held by Judge Alker,—Nos, 3206, 5000, 5053, 4843, 5077, 4664, 3259, 4982, 3166,2607, 3261, 3262, $263, 3265, 5266. by Judge Joachimsen.—Nos, 2484, 3226, 3234, 4474, 4757, 4844, 4668, 3241, 3243, 3244, 3245, 3247, 3249, 8252, 3854, Part 83—Held’ by Judge Spauiding.—Nos. 4933, 5316, 5285, 6296, 5205, 5154, 4977, 5060, 5061, 5122, 4899, 2026, 3201, 4015, 5257. | COURT OF GENERAL NEsstoxs—Heid by Judge Suther- | land.—The People vs. William Juite, felonious assault | | and battery; Same vs. John Sullivan, felonious assault and battery’; Same vs. Jolin Smith and George Wing- field, burglary; Same vs, Albert Greishaber, burglary; Same vs. John Higgins, burglary; Same vs. Richard W. Nevins, burglary; Same. vs. James Haley, grand lareeny; Same vs. Frederick Sawyer, grand larceny; | Same vs, Margaret McCabo, grand larceny; Same vs. | John Thulin, grand larceny; Same vs. James Johnson, | rand larceny; Same vs. John W. O'Donnell, grand | ame vs, Michael O'Farrell and Annie O'Far- | rell, grand larceny; Same vs. John H. McDowell, as- sauit and battery; Same vs. James F, O'Neill and John | 'W. O'Conner, assault and battery ; Same vs. Harry Scott, | concealed weapons. | Court ov OvER aNp TerMivER—Held by Judge Bar- | Tett.—The People vs. Henry Rix, murder; Same va. | John Pengtsson, murder; Same vs. James Farrell and | Frank Farrell, gambling. COURT OF APPEALS. ALBANY, Oct, 6, 1875, | In the Court of Appeals, Wednesday, October 6: No. 267. The People, &c., defendants in error, vs. Owen Lindsay, plaintiff in error.—Argued by J. C. Hunt, | of counsel for plaintiff in error, and William C. Ruger | for the people: Case still on, Proclamation made and Court adjourned. The following is the Court of Appeals day calendar for Thursday, October 7:—Nos. 119, 100, 163, 165, 147, 145, 168, 159. OFFICER OR EMPLOY Costello vs, the Mayor of New York.—Appeal from | the First ole clones —This action was brought to recover $277 76, claimed by plaintiff as a balance due him for services rendered defendants, as general clerk of the Board of Aldermen from September 1, 1871, 10 January 16, 1872, at a salary of $2,500 per year, 'De- fendunts declined to pay him on the ground that laintiff was an ‘‘officer,” and the Common Council | ing prohibited by “sec. 9, chap. 853, Laws 1868” and “sec, fi chap, 876, Laws 1869” from creating any new | office, tne appointment was illegal and void. Tho resolution under which he was appointed provided that | the salary should be the same asthe fifth assistant | clerk, In December, 1868, the salary of the fifth as- sistant clerk was increased a resolution from $1,800 to $2,500. From the date of his appointment up to September 1, 1971, plaintiff was paid at tho rate of $2,500; from September 1, to December 81, 1871, at the rate of $2,000; from this time to January’ 16, 1472, when he was discharged, he received no pay what- ever, Upon tho trial the Court found the facts as above stated, and as conclugion of law, that the appointment did not come within the prohibition of the acts referred to, but was authorized under sec, 86, chap, 446, Laws 1867, That the plaintiff was not. au officer, but merely an employé of the Corporation. Judgment was entered in favor Of plaintiff and aftirmed | at General Term, Defendants appealed to this Court and claimed that if plaintiff was an officer he had no right, and if only an employé, then he cannot recover for services rendered in an office. This Court have now allirmed the judgment, with costs. | whole indebtedne: Mayor, &c., set up or pretend to,” was improperly granted for Several reasons. The opinion then goes on to state that the action of the Mayor, &c., was perfect, and Tweed bad no interest or question as to what “right or interest”? the Mayor, &c., pretend to. That portion of the order which directs plaintiffs by amended complaint to strike out the allegations of neglect to audit the claims against the city or State insuch complaint, that they do not intend to reply upon the neglect to audit asa cause of action, cannot be upheld, as it proceeds upon an erroneous idea of the nature of the action and the objects of the averments. As to the bill of particulars being ordered, Judge Davis says:—There are several reasons why that portion of tl order should not be allowed wo stand. First, it is apparent from the papers that it is not in the power of plaintilfs to comply with many of the requirements of the order; it is not contradicted that defendant required or instigated his confederates to burn or destroy the books and papers which con- tained all the entries that existed of any real claims, and the false accounts were, with a few exceptions, feloniously taken and, no doubt, destroyed by some person interested in their destruction; so that de- fendant stands as a despoiler of evidence. He should, at least, exc € emer himself trom all connection with the spoliation. * But it is of no legal con- sequence that the defendent should havo the particulars granted by the order, The complaint alleges in plain terms that all the claims upon which the de- fendant or his confederates obtained the money were wholly false and fraudulent, If the demand be for $10,000 lent, the defendant may demand the items that made up that sum, with dates and amounts of the-loans, but if he avers that $10,000 is due and unpaid he can- not be compelled by bill of particulars to contradict that averment by showing that the amount actually loaned is not due, because some portion has been paid or some creditor counter Claim exists. * * Inno admissible view has the defendant Tweed any right or interest in the question whether the parties who con- spired with him to commit the fraud had some show of claim which, if properly Yeh fshe and audited, might have been lawfully paid. It 18 a matter of no moment to him how much just claim his confederates might have honestly made, since in fact and in law they made none honestly. The opinion then takes up ‘the portion of the appeal relating to whether the com- plaint should be made more definite and the redundant portions stricken out. Judge Davis says that por- tion of the motion was properly denied by Judge Dono- hue, as plaintifls had a perfect right to sue for the as a whole, although the frauds were perpetrated at different times. That portion of Judge Donohue’s order is affirmed, with $10 costs to the defendant, The order extending time 18 revoked, and the defendant Tweed allowed to answer within the time remaining anexpired when the order hereby ro- versed was entered. JUDGE, DANIELS’ OPINION. After reciting the facts upon which the suit to recover the $6,000,000 is based and giving the points of the affidavits on which the application was rade for reduc- Yon of bail or vacating the oraor of arrest, Judge Daniels goes on to state that it is clear from the evi- dence that Tweed’s complicity in the fraudulent con- spiracy, though secretly formed and stoalthily executed, was, from the yery fact of the destruction of all direct evidence of guilt, conclusively established, and the main facts to be developed as direct and well authenti cated as they can be expected to be in cases of this de- scription, As in the similar action brought against him in 1871, no affidavit had been made denying the facts on which the order was predicated, It was probable he could not truthfully deny them, and that the statements of two of his accomplices as to what really did take place aro true. He here dis- cusses the rule regarding such evidence, citing various authorities, It was plain from such evidence that ‘Tweed and his confreres divided among themselves | di pred to which they had no legal title whatever, ‘weed was liable for the entire amount. It was his duty to guard the public treasury from fraud, and he has no right to complain of the consequences to himsélf, By law the body is deemed the highest security. The amount of bail should approximate to the amounts which ought to be recovered. The amount of the buit to be given is not to be governed by tho ability of tie defendant, The bail fixed has been exceedingiy liberal On this point, and i is large only because of ine un- aaa ——ste [ common Magnitude of the defendant’s depredations. After discussing the points raised on both sides, he holds that none of the objections to the order of arrest can be sustained, and that nba maaiaes, at the order appealed from must MR, ANDREWS EXPLAINS. ‘ew York, Oct, 6, 1875, To tae Eprror or tam Herary:— Accompanying is an open letter addressed by me to Mr. Justice Donohue, of the Supreme Court, in relation to a matter to which the press has given the widest cir- culation. I ask the favor of its publication in your issue of to-morrow morning and am, yours very re- spectfully, RUFUS F. ANDREWS, No. 61 CHAMBERS srReET, New York City, Oct. 6, 1875, To the Hon. CHartes Doxonve, Justice of the Supreme Court of the State of New York. The first and best of law books declares, “A good name is rather to be chosen than great riches,” Fally believing this, I have been striving for a quarter of a century, in the city of New York, to establish for my- self, in iy capacity as aman and in my profession as a lawyer, @ reputation which would bear the light of investigation, and come unscathed. from the fires of attack, { am very anxious to leave to my sons the savor of an earnest, honest Ife, especially as this is all of good fortune that I can bestow upon them, In the judg- ment you proifounced upon the motion made before you to substitute Messrs. Wingate and Cullen as at- torneys for Mrs, Laura Tuylor, in my place and stead, and Which was given to the world by the ubiquitous power of the press, you have aimed a blow which, if it were :le-erved, should go very far in depreciating me in the esveem of the public at large, the judges of our courts and the legal profession, My object in address- ing you in this way is to show you, of whose court I am an officer, and the public, at whose bar I am arraigned, that’ you have wholly misapprehended the Janguage in the affidavit upon which you animadvert. And, first, I concede that to insert any statement in a puper used before a court, and designed to govern its action, which conveys the idea that the judges can be influenced by unworthy motives, should subject the attorney so offending to stern rebuke and severe professional discipline. I would be greatly humiliated if I had fallen into such a plight. And that it may appear beyond dispute that I have not, 1 quote from the aifidavit on file, cnd to which you refer, the exact words and every word on the subject. Here they are, and all of then “During the spring of 1875 I found that she (Mrs, Taylor) was receiving visits from persons not of any professional standing, and some of whom I know to be designing tricksters, without moral character, who were giving her advice in'relerence to her litigations, which, in my judgment, was not sound or worthy of considera- tion, ‘One of these individuals, who sul frequents her house, she informed me, had advised her that if certain firm of lawyers could be retained as her attorneys and counsel, a political influence could be brought to bear which would assure her success in the courts, I told her that any man who gave her such advice was un- worthy of her confidence, and his visits ought not to be tolerated; and that unless she ceased to have anything to do with this class of persons I would ask for a set- tlement of my accounts, and to be relieved from any further connection with her business affairs Is there anything in this ‘unworthy of counsel?” Is here an intimation that I advised her our judges were being or cduld be corrupted? On the otter hand, is there not here a manly and professional repudiation of the scurvy slanderer of judicial honor and integrity? did not, by shrug of shoulder or nod of head, give even tacit approval to the shameless slander. Idid, then and there, upon behalf of a judiciary, among whom I reckon both friends and associates, and also in vindica- tion of every decent lawyer, enter my indignant pro- test—giving my client notice that if she listened to such advice I would dissever my business relations with her. Was this “unworthy of counsel?” Should this expose me to harsh and unkind judicial criticism ? Is there aught in this that should lessen me in the esti- mation of any right-minded man? My desire to deserve well of all my fellows, and of the judges, will, I trust, be a sufficient excuse for call- ing public attention to this matter, F. ANDREWS. NOT ARRESTED, New York, Oct, 6, 1875. To te Error oF THe HERAaLp:— Under heading of “Gamblers Arrested,” m to-day’s issue, you mention, “among whom was a Custom House clerk named Evans."” Ido not think you mean to do any intentional injury to all of that name in the Custom House. You will, I do not doubt, with your usual justness insert in your next issue that the party men- tioned was not the undersigned. JOSEPH EVANS, No 7 Lafayette place. & ARRAIGNED FOR MURDER. In the Court of Oyer and Terminer, of Kings county, before Judge Tappen, yesterday, Michael Dwyer, a young man, was arraigned to plead to an indictment charging him with stabbing John Carlin, during an affray which occurred in June last, in front of MeGold- Tick’s liquor store, Park avenue. Carlin died from the effect of his wounds in July. Dwyer pleaded not guilty and was remanded for trial, He will be tried on the 15th instant. Patrolman Redmond Joyce, of the Tenth precinct, was arraigned on an indictment for manslaughter, he | being accused of shooting the colored man Robert Gil- more while the latter was endeavoring to eseape from | custody. The officer, who pleaded not guilty, was re- manded for trial to Thursday, the 14th inst. In the Kings County Court of Sessions yesterday, | Mrs. Elizabeth Wright, a poor woman, was arraigned i answer the charge of child murder, she haviag thrown her child in the sink. She pleaded not guilty and was remanded for trial, CRIMINALS 8: S$ SENTENCED IN BROOK- | LYN. i In the Brooklyn Court of Sessions yesterday Judge | Moore sentencea Edward McNamee, a boy, seventeen | years of age, who pleaded guilty of arson in the second | degree, to the Penitentiary.for seven years, The pris- oner was convicted of having attempted to burn dowa the St Vincent Home for Boys, in Vine street. John Marsh, convicted of burgiary in the second de- ree, in robbing the jewelry store of Kine & Co., Fourth street, E, D., of several thousand dollars’ worth | ot diamonds, was sentenced to aterm of ten years to the Penitentiary, In passing sentence the Judge said Marsh had been a professional thief for a dozen of years and had been one term in Sing Sing. The prisoner ia thirty years of age and a native of New York. Frances Curtis, a colored woman, was sent to the Penitentiary for one year upon conviction of grand lar. ceny. SEIZURE OF SMUGGLED CIGARS, On the 2d of October the brig Havana, commanded by Captain Meyer, arrived in this port from Havana, bring- ing a cargo of sugar for Messrs, Youngs, Smith & Co., while the vessel itself was consigned to James E, Ward. ‘From information received,” as poljce officers say, Special Treasury Agent Colonel F. E. Howe set some of his smartest officers to watch said vessel day | and night, he having been informed that it was planned by one of the officers of said vessel to smuggle a largo | | number of cigars ashore. The watching was not in vain, for yesterday Captain Brackett and Mr. Fideau, special Treasury agents attached to Colonel Howe's office, succeeded in capturing upwards of 3,000 cigars of the choicest brands, which were to be smuggled ashore, They will be turned into the seizure room of Custom House to-day. A LONG NEGLECTED PARK. The fk at the junction of East Broadway and Grand street has been in its present uncompleted condition for nearly four years. In wet weather it is a nuisance, - The sidewalks are unpaved and the trees have been al- lowed to die out. Several petitions have been sent to the Park Commissioners, but so far no good has re- sulted, A small expenditure would put the park in re- pair. MARRIAGES AND DEATHS. MARRIED, Batt—Bowsrs.—On Wednesday, September 15, 1875, by Rev. Mr, McCloud, at the residence of the bride's parents, Goshen, N. Bau, Jr., to Jost, WEKE.—September 26, 01 BOLLENBACKRR, Kk, all of the city of by the Rev. Dr, Geissenhainet to Miss Euma Vay per Wit New York. Bronpacs—Mornts.—On Wednesday, October 6, by the Rev. A. C. Bowdish, Grorce H. BRUNpacr to JeAN- Netts, daughter of Mr, Jobn R. Morris, of Astoria, LI. No cards, CLARKE—McGenstss.—At the Church of the Trans- figuration yesterday, by Rev. Dr. Houghton, Witut P. 5. CLarke, of this city, to ANASTASIA ALICIA, second | daughter of the late William H. McGenniss, Esq., of Boston, Mass, Leverion—Wintiaw On Tuesday, October 5, at the residence of the bride’s parents, by the Rev. EP. Ingersoll, Groce C. Levericu to Lana A., daughter of PY, Wyckoff Williamsqp, all of Brooklyn. Mukntrr—Secon Xt Port Chester, on the 6th of September, 1875, by the Rev. Samuel Hammoud, Jossrn A. Merrit, of Greenwich, Conn., to Mrs. NA PL Secor, of New York. Merritt—Bunnnam.—At White Plains, on Thursday, September 30, by the Rov. F. B, Van Kieeck, at the residence of the bride’s parents, Raxpour ERRITT, Jr., to Kirt L., eldest daughter of Charles &, Burn- ham, Esq. No cards. MULLER—Bort.—On Tharsday, September 30, by the Rev. Dr. Dressel, at the residence of the bride's mothor, Cant MoLukR, of Frankfort-on-the-Main, to ANNeTTR, youngest daughter of the late F. ©. Boell, Esq., of Brooklyn, OxpeRponk—Hexoricksox.—On Tuesday, the 6th inst., at the residence of the bride's parents, by. tho Rev. E, W. French, Wittiam H. OxDgRvONK and Muu HENDRICKSON, ar dee 2 of Forman Hendrickson, Esq. ali ot Bergen, N. J. No cards, f Pinssosy—Brevoort,—On Wednesday, October 6 at St. Ann's church, by the Rev. Lewis P. Clover, D. D. Roneat L. Pirssoy to Exizaweru, daughter of the lat Henry Brevoort, 5 ee Ee ee” L, daughter of J. D. Gilmor, Esq, all of Brooklyn, Ne cards, Boston rs please copy. Sanpran Arseny ame —On October 6, 1875, by Rey. T. H. Sill, at the residence of the bride's mother, Cap- tain Lorenzo Suerrer and Miss Cornecia M. Appi YARD, daughter of the late William H. Appleyard, Saugerties and Rondout papers please copy. SkipMore—Cons,—On Tuesday, the 5th inst., in the Methodist Episcopal church, at Morristown, N. J., by Rey. Bishop James, Juuta, me sre the late Georga T. Cobb, of Morristown, N. J., to Witttam B, Skip Mons, Jr., of this city, DIED. Brenxxay.—On Tuesday, October 5, ManGaret Brey- wax, of Ballylinan, parish of Arles, Queens county, Ire- land, age ri, Relatives and friends of the family are respectfully invited to attend her funeral, on Thursday, October 7, from the residence of ter motner, No, 00 Bust Twenty- third street, to Calvary Cemeter Byryg.—On Tuesday, October 5, 1875, MARY ANNE Banau, the beloved wile of Patrick'H. Byrne, aged 4@ years, 8 months and 10 days, ‘The relatives and friends of the family and those of her brother-in-law, John Byrne, are invited to attend the funeral, on Thursday, the 7th inst, from her late Tesidence, 434 West Forty-sixth street, at haif-pust ont o'clock P: M, CARPENTER.—On Tuesday, October 5, Aya MARU Carrenrer, wife of Peter Curran, Relatives and friends are respectfully invited to attena the funeral, from the residence of her paren 251 ae Twenty-sixth street, on Friday, October §, at oné Cox.—In this city, October 5, Mary, beloved wife o John Cox, in th Funeral from her late residence street, October 9, at one P, M. are invited to attend, New Jersey papers please copy. DONNELLAX,—On Tuesday, Ostober 5, Karr, the be loved wife of Ed. Donnellan and daughter of Francis MeCabe, Esq. The burial wilftake place on Thursday, October 7, from the residence of her futher, 154 Wost twenty: fourth street, at half-past nine o'clock A. M.; thence te St. Vincent de Paui’s church, Twenty-third Street, be- tween Sixth and nth avenues, and thence to Cal- vary for interment, . 240 West Twentieth Relatives and friends DaiGGs.—October 6, 1875, Euinv Cuarxcey Dries. Funeral services will be held at Twenty-fourth street Methodist Episcopal church, on Friday morning, ab eleven o’cleck. Relatives and friends are invited to attend without further notice, FERRALL.—1in Brooklyn, i. V)., October 4, 1875, MARK A. FERRALL, son of the late John Ferrall, in the 20th year of his age. The friends of the family are invited to attend tha funeral, from the residencé of his mother, 162 Fifth street, on Thursday, at half-past one P. M. Fickxx.—On Tuesday, the 5th inst, Carmerma Lovisa Hink, wife of Diderich Ficken, m the 32d year of her age. Relatives and friends are invited to attend the funeral, from the residence of John P, Witte, Fairview, N. J. Friday, atone o'clock, Northern Railroad train, 12:30 P. M.; Fort Lee boat, 10 A, M. FLYsy.—On Tuesday, October 5, 1875, Parrick FLYNN, a native of the parish Cloune, county Leitrim, Ireland, aged 54 years, Relatives and friends of the family are respectfully invited to attend the funeral, from his late residence, No. 316 West Thirty-seventh street, on Friday morning, October 8, at half-past nine o'clock, to the Church ol the Holy ‘Innocents, West Thirty-seventh street, neat Broadway, where a solemn requiém mass will be offered for the repose of his soul, thence to Calvary Cemetery for interment. Isnam.—On Wednesday evening, October 6, Karim MULLER, only daughter of Cnarles H. and Joanna Ay Isham, aged 10 years. Notice of funeral hereafter, InGERSOLL.—LoktN, son of Lorin and Rebecca E. Inv gersoll, atsea, June 26, 1875, aged 17 years. JAMIESON, —In this city, on Puesday, October 5, Mrs. CaTHERING Jamiesox, in the 76th “year of her age, widow of the late Joseph Jamieson, of Stratford, Coun, Friends of the family are respectfully invited to at: tend the funeral, from the residence of her daughter, No. 178 Bowery, on Friday, Octobor 8, at two P, M. Jones.—On Tuesday, October 5, 1872, Mary Jongs, a native of county Monaghan, Ireland, aged 67 years. The relatives and friends ot the family are requested to attend the funeral, on Thursday moraing, at half-past nine o'clock, from her late residence, 306 East Thirty- fifth street, to St. Gabriel's church, where there will be asolemn mass of requiem for the repose of her soul, from thence to Calvary Cemetery for interment, Chicago and Leavenworth papers please copy. , Mauoxy.—In Jersey City, on Tuesday morning, Oc- tober 5, Caruenine, the beloved wife of Thomas Mahony, Jr., aged 24 years. The relatives and friends of the family are respect- fully invited to attend the funeral, trom her late resi- dence 354 Grove street (old number), th:s (Thureday) afternoon, at two o'clock, Maxrix;—On Tuesday, October 5, ANDREW MARTIN, son of Patrick and Ellen Martin, in the 22d year of his age. ‘Relatives and friends of the family are respectfully invited to attend the funeral, on Thursday, October 7, from the Church of the Epiphany, Second avenue, at half-past nine o'clock, thence to Calvary Cemetery for interment. Moust.—On Wednesday, October 6, Many E. Mowwr, ee beloved wife of John J, Mount, in the 45th year of er age. The relatives and friends of the family are respect- fully invited to attend the faneral, from her late resi- dence, No. 7 Third street, on Friday, the Sth inst, at one o'clock. MacCuLtoven.—After a short ilin at No. 141 East Twelfth street, Wittiam macCuL ja, in year of his age. x Funeral services will take i at Union Cemetery, Rye, Westchester county, N. Y., at half-past three o'clock on Friday, Octover 8. Relatives aud friends of the family are invited, The’2:20 train leaving Forty- Second street depot will stop at or near the cemetery. MeDoxatp,—October 6, 1875, in Harlem, suddenly, at No, 52 East 130th street, Mary ANN McDonaxp, beloved wife of Michael McDonald. Notice of funeral in to-morrow’s paper. McQuape.—On Tuesday, October 5, 1875, JosErn Hevry, oldest son of Francis and Bridget McQuade, aged 2 years, 2 months and 21 days. ‘The friends and relatives are respectfully invited to attend the funeral, this day (Thursday), 7th inst, at one P. M., from the residence of his parents, Seventy- seventh street, west of First avenue. Nexvvs.—At his residence, Flatbush, L. I., on Tues- day, October 5, Joun Nexrcs, in the 83d year of his age. Relatives and friends of the family are respectfully | inv®ed to attend his funeral, from the residence, on Thursday, 7th inst., at two o'clock P, M. O'Kesves.—On Wednesday, October 6, Jenemtan D, O’Kerrrs, in the 30th year of his age, a native of Fer moy, county Cork, Ireland. Relatives and friends are invited to attend the fu- neral, from the residence of his brother-in-law, Hi Friday, October ry Cemetery. Tracy, 562 East Sixteenth street at two o'clock; from thence to Prynover.—On Tuesday, October 5, at the residence of his son-in law, Captain Rdward H. Coffin, No. 455 La- fayette avedlue, Brooklyn, Joun W,,Punxover, aged 60 rs, ‘4 Funeral services at the above ndfaber on Thursday, at eleven o'clock A. M. Relatives and friends are in- vited to attend. Remains will be taken to athens for interment. Psttr Le Brox.—Octoder 6, Lovis Evckye LAavurex- Trvs, aged 6 years, youngest son of Constant Alex- andre Petit Le Brun and Antonia Surprise de Lobotker. Puneral, Friday at two o'clock, at parental No. 63 Middagh street, Brooklyn. St Thomas, Gaudaloupe and Baltimore papers please copy. Plowaurs.—Jaxes L. P_exxert, on Wednesday morn- ing, October 6, 1875, at the residence of his father, Dr. G. A. Plunkett, No, 85 Summit street, South Brooklyn, in the 35th ycar of his age. Funeral on Saturday, at two P. M., at Evergreens etnglish and Irish Y nglish and Irish papers please copy. ReyNotvs.—On October 3 at her’ yosldence) No, 779 Washington street, MarGaret Reynowvs, aged 48 years. May her soul rest in peace. ‘The relatives and friends of the family aro respect+ fally invited to attend the funeral on Friday, October 8, at one o’clock P. M. Sans,—On Monday, October 4, 1875, Mary S. Saum, the beloved wife of Daniel Sahs and daughter of Ellen Hayes, aged 20 years, 4 months and 4 days. he relatives and friends of the family are respect- fully mvited to attend the funeral, on Thursday, the 7th, at two o’clock P. M., eet her late residence, 446 Van Brunt street, South Brooklyn. pomidhana oti the infant daughter of Philip and Rosanna Sinnott, aged 8 mouths. ‘The relatives and friends of the family are hice ae fully mvited to attend the funeral, from the residence of her parents, 1,504 Third avenue, on Friday, October 8, at two o'clock. Sxriiman.—On Wednesday evening, October 6, 1875, Marna B., only daughter of Abraham B. and Caroline E, Skillman. Notice of funeral hereafter, Sunurvax.—The funeral of Josmm, the beloved son of Dennis and Mary Sullivan, will take place from their residence, No, 412 Greenwich street, on (this day) Tharsday, thence to Calvary Cemetery, at two o'clock P. M. sharp. The relatives and friends are respectfully requested fo attend. Scnurvax.—On Wednesday, October 6, Jawxs Jos! only child of Michael J, aud Catharine Sullivan, aged a years and 5 months, Funeral from his parents’ residence, 411 West Thir- teenth street, on Friday, at one o'clock, Relatives and friends are invited. TeRWiLLIGnR.—Saddenly, on Monday, October 4, Wiitmors Terwitticer, aged 31 years, The ag hy friends and members of Eureka Lodge, No. 243, F. and A. M., are invited to attend the funeral, on Thursday, 7th inst, at one o'clock, from St. Peter's Episcopal’ church, Wost Twentieth ‘street, between Eighth and Ninth avenues, Newburg rs please copy. Topd.—OF diphtheria, on Wednesday, 6th inst, James Mapisoy, son of James and the late Maria Louisa ‘Totd, aged 6 years and 6 months, Funeral from his father’s residence, 146 East Seventy-first street, on Friday, October 8, at eleven o'clock A. M. Voorures.--On Tuesday, October 6, 1875, after @ long and severe ‘lines, Jory, the youngest son of and Daniel kag om aged 6 months and 8 days. The relatives and friends of the family aro te fully invited to attend the funeral, from the resi of his parents, No. a aoe ‘strect, on Friday, Octo- ber 8, at one o'clock V. M. Witsox.—On Tuesday morning, October 9, Kare Witson, aged 26 years. Tho friends ait mombers of Stanton strect Baptist church are respectfully invited to attend the funeral from the church, at ene o'clock P.M. Thursday, Youyo.—On Tuesday, October 5, Tomas Yours, @ native of the paris of Drumgoon, county Cavan, Ire- | lund, aged 85 years Richarvsox—Gri.4or.-.On Wednesday, October 6, at the Washington avenue Baptist church, by the Rev. Dr, Moote, Mr. J, Henweet Ricuanvsoy to Miss Mass | ‘The Irends or the femily are respectfully invited to Attend the funcral, from his late residence, $40 Bast Fifteenth street, ou Thursday, at one o'clock, precisely, the 55th