The New York Herald Newspaper, October 13, 1875, Page 10

10 NEW YORK ‘THE COURTS. Application for Stay of Proceedings in ghe Tweed Suit. Important Decision as to Voluntary En- listments in the Militia. Contributive Negligence in Loss of Lite. A MOTHER'S CRIME AND ITS PENALTY. There is strong probability of an exciting fleld day to-day in the Supreme Court, Chambers, in regard to the new Tweed suit, Judge Lawrence yesterday granted the application made on Monday for an order to show cause why a stay of proceedings should not be granted in regard to the recent decisions of the Supreme Court, General Term, pending an appeal to the Court of Appeals by Mr. Tweed trom these decisions. ‘The order was made returnable this morning, and the fall strength of the opposing counsel is likely to be Drought out ina strongly contested argument on both sides. ENLISTMENTS OF ALIENS IN MILITIA REGIMENTS. ‘A decision was given yesterday by Judge Lawrence, holding Supreme Court, Chambers, upon the applica- tion for the discharge of Fritz Schule from Ludlow Street Jail, where he has been confined, pursuant to the decision of a regimental court martial, for non- payment of fines imposed for non-attendance at drills and parades of the Fifth regiment, N. Y. S. M., of which he is @ member, The matter came up, as already announced in the Heratp, under writs of habeas corpns and certiorari, optained with a view to settle the question of jurisdiction of the Court and whether Schule properly enlisted. The claim is ‘that not being a citizen and not having declared his in- tentions he is not subject to military duty and therefore not eligable to membership in any of our State militia regiments. On the other hand, it is contended that this beinga voluntary enlistment on his part the same was legul, and that Schule was subject to all the obligations imposed upon him as a member of the regi- ment. The question raised, as will be seen, is an im- portant one, as it affects the alien members of our National Guard, which, in this city, is made up of fully two-thirds ot those of foreign birth who are neither citizens nor have declared their intention to become such and many of whom under the slightest legal pre- text would avail themselves of the opportunity to dodge further military service, The following 1s Judge Law_ rence’s opinion in the case:— It was conceded in the argument that the petitioner ‘was not at the time he enlisted and ts not now a citizen of this State, and that he had not declared his inten- tion to become a citizen. It is quite clear, therefore, that under the provisions of the Military Code Of this State the petitioner was not, at the time he enlisted, Bubject to military duty. (Code, sec. 1, chap. 80, Laws 1870.) Itis med, however, that the thirteenth sec- tion of the Military Code, which provides that ‘‘volun- teers may be received and enlisted in any troop, bat- tery or company district, or not’ indicates an intention on the part of the Legislature to allow those not sub- ject to military duty to waive their exemption and vol- ‘untarily submgt themselves to the obligations, duties and penalties prescribed by said code. A perusal of the act convinces me that this view is correct. There would seem to be no necessity for providing for voluntary enlistments if the volunteers could only be drawn from the class of persons subject by law to the performance of milltary duty. If I am right in this construction of the law then it follows that it was per- fectly competent for Schule to volunteer and enlist as a member of Company D in the Fitth regiment, and th: by so doing he became liable to be fined if be did not comply with the rules and regulations of the company. The return, therefore, of the keeper of the County Jail seems to me to show that Schule is 4m his custody under a warrant issued by a@court martial which had jurisdiction of his person, and which was authorized to commit him to the cus- tody of such keeper in default of the collection of such fine imposed upon him by a levy upon his goods and chattels, The objection made to the warraut of com- mitment, that it does not the time for which the delinquent is to be imprisoned, does not seem to me material. 11 ie stated in the warrant that the total fine imposed upon the petitioner is the sum of $84, and the Jailor 1s required to keep said delinquent closely con- fined in the manner and during the time required by 4aw, and until discharged according to law. The warrant is drawn in the exact language of the 214th section of the Military Code, which provides that in default of sufficient goods and chattels of the delinquent to satisfy the fine the Marshal is ‘then to take the body of such delinquent and convey him to the common jail of such city or county, whose jailer shall keep the said delinquent closely confined, without bail or maiuprise, for two duys, for any ‘fine.or penalty not exceeding $2, and two additional days tor every dollar above that sum, unless the fine and penalty, together with the costs and the jailer’s fees, be sooner paid; but no such imprisonmeat ehall extend beyond the period of twenty days.” The duty of the juiier is thus ex- pressiy detined by the law, and as the warrant states the amount of the fine, he is’ intormed by the warrant ‘that the case is one in which prisoner must suffer the maximum imprisonmept provided by the law, unless he is sooner discharged by the payment of the fine and jailer’s fees, or unless under the subsequent rovision of the statute he is liberated y order of the commandant of the division or brigade to which he belongs. The petitioner also urges as a ground for his discharge that he signed the enlistment paper, but, being a German by birth, he does not un- derstand the English language perfectly; that he did ot read the paper and did not and does not know what it contained, and that he did not swear to it before the person before whom the oath purports to have been taken. This allegation amounts to a charge of fraud in the matter of the enlistmenl. If the enlistment was fraudulently obtained it was no enlistment, and the Petitioner is entitled to be relieved from it, I will hear the allegations and proofs of the parties. Subsequent to the rendition of the above decision by consent of tho counse! for the regiment the prisoner was discharged on his parole, It was further arranged that evidence be taken upon the allegation of fraud in the enlisiment. SUING JOHN ROACH, THE SHIP- BUILDER. Arather singular case came to trial yester Judge Sedgwick, of the Superior Court. Th against John Roach, the shipbuilder, The complaining papers showed that on the 30th of April, 1974, the ma chinery and iron was veing taken out of the old ste: Ocean Queen, then lying at Roach's wharf, Ninth street, East River. While six men were engaged carrying a heavy iron plate from the mer wo the wharf the gang plank, as they w ad denly broke, precipitating them tuto the river. men were drowned—James Jones, Thomas Gilney and Alexander McDonald. Mr. William J. Jones as administrator and next of kin of James Jones, brought suit against Mr, Roach, claiming $5,000 damages, and stated, the case came to trial yesterdsy. Mr. } ‘was present in court, and took @ manifest interest in the proceedings. There was quite an array of counse Messrs, Benjamin F. Russell and ex-Judge Bustee: Tepresenting the plaintitf, and Mesers. Parsons, Drax and Merriam the defendants, and the supposition that the trial would be prolonged and closely cou At the close, however, of the evidence for the pros: tion, developing the story as giveu, with the additional fa the gang” pla was an old and one, and whol aut for use, a motion was ‘made to dismiss the complaint. Motion was made on the ground of couiributive negli gence on the part of the dec |. which, of course, was strongly combated by the oppoting counsel The Court held ihat if the deceased had exercised ordinary prudence he would have known that the gang plank Was unsound, and thereupon he granted the motion, An appeal is lo be taken from this ruling, the plainui’s lawyers strenuously contending that, masmuch as Mr. Roach’s foreman superinteuded the w nd furnished the gang plank, Mr. Roach must be held accountable for the loss of fe th Meantime @ similar soit, 4d for «a like inoue of damages is on the calendar for trial to-day, before Judge Donohue of the Supreme Court, the latter suit having been neoagit by the reprosentaives of the de- ceased Gedney. [n connection with this whole affair, and certainly a most sad one in its result, happened one Of those marvellous coincidences whose antipodal ehar- acter startles to serious thinking the wisest of philoso- hers. While the widows and children of these three un- riunate drowned men Were Wailing and weeping over their terrible bereavement there was that before suit was Three ry evenin, feasting and drinking and hilarious speech making nf given to Mr. Roach at the great testimonial dino Delmouico's. A MOTHER'S PUNISHMENT For IN. FANTICIDE. ‘The trial of Bridget Kelly, charged with the murder of her babe by throwing {t into the North River, foot of Fortieth street, was reaumed yesterday In the Court of Oyer and Terminer, before Judge Barrett, The pris. oner was accompanied in court by her mother and ister and took her seat beside her counsel, Mr. William F. Kintzing. Deputy Coroner Leo, who made the post- mortem examination, was called to establish the cause ‘of the death of the child@ He gave it as bis opinion ‘that death was the result of drowning. He was sub- Secked bo pseyere gud rixid cromsexamination by Ms, | Kintzing, who sought to establish that death was the result of natura! causes. The people here rested. Mr, Kintzing opened the case for the prisoner. While admitting that she committed to the angry waves of the Hudson the body of her child be con- tended that it was done in @ fit of despondency, and after it was dead; that the child was born alive, but lived but a second or two, and that the medical testi- mony would show that death was entirely the result of accident occurring at its birth, The prisoner testified on her own bebalf, stating that her child came to. its death through no fault of and that she threw its dead body into the river to hide her shame, She was cross-examined at considerable length by Assistant Diss trict Attorney Lyons, but her testimony was not shaken. Her story was a pitiable one, and elicited much sym- pathy from the large crowd in court, Ex Deputy Coroner Shine and Doctor C, J. Dumond were examined at length to show the probable cause of death, and both attributed it to accident at the time of its birth, for which the prisoner should not be held responsible, Mr. Kintazing then proceeded to sum up for the de- fence, He made a feeling appeal to the jury, and while admitting that in his opinion the prisoner did throw her child ito the river he denied that it was alive, and claimed an acquittal upon the ground boo Kg: prosecution had failed to establish the cause of eat Mr. Lyons followed upon behalf of the people, con- tending that the conduct of the prisoner was unnatural ; tbat the cause of death had been fully established; that the prisoner was responsible for the act, and that she ould be punished to the full extent of the law for her nnaiural crime, Judge Barrett. charged the Jury upon the law applica- ble to the case and spoke of the necessity of putting a stop to cases of in‘anticide, which, he regretted to say, were getting to be an everyday occurrence in this city. He then submitted the case to the jury. At a few minutes three o'clock the jury withdrew, Two hours later they came in for instructions as to what would be the punishment to follow the different verdicts they might render, and then after a brief absence brought ina verdict of guilty of manslaughter in the fourth degree. Judge Barrett was brief in his sentence. He dwelt upon the enormity of we crime and the clem- ency shown in the verdict, and in view of such clemency said he felt it his duty to impose the full penalty of tho law—two years tn State Prison. The prisoner was deeply affected and wept most bitterly. It was stated afterwards that several of the jury on first going out were for a verdict of murder in the first degree, DECISIONS. SUPREME COURT—CHAMBERS. By Judge Lawrence. Foeizle vs. Schwartz.—I wish to hear counsel in re- gard to allowance, Macy vs. Strobel; Austin vs. Blauyelt; Phelps vs. Middleton; Patrick vs. Lanist; Browning vs. Smith; Schlessinger vs. Gates; Decker vs, Drew; Elsbach vs. Oliver; Hill vs. Baldwin; Messmore vs. Martn.—Or- ders granted, Matter of Shell.—Opinion. Myers ys, Schumtzler and another.—I cannot grant this order without explanation, Brig vs. Overbaugh; Lohman vs. Lohman.—Granted, Matter of Herbert.—Date of petition to be filled up. Lester vs. Rosen.—Application denied. SUPREME COURT—SPECIAL TERM. By Judge Van Vorst. Shephard vs. Brown.—Judgment for defendant on demurrer, SUPERIOR COURT—SPECIAL TERM, By Judge Curtis. New York Guaranty and Indemnity Company vs. Ralso.—Motion of defendant, Horace S. Coup, for a separate trial denied, with costs. Gould vs. Homans.—Default opened, with leave to defendant to answer in five days, on payment of plain- tull’s costs and $10 costs for opposing motion. Bertha Kaune vs. August Taume—atidavit of ser- vice and summons should be in accordance with rule A. By Judge Van Vorst. Yerke vs. Fuller et al.—Order granted, By Judge Speir.” Goldberg vs. Levinson.—See memorandum for coun- sel, * COMMON PLEAS—EQUITY TERM. By Judge Larremore. Smith vs, Power et al.—Judgment for plaintiff as agent for A. Guinness & Sons, restraining defendants trom simulating plainutl’s labels and capsules on stout bottled by defendants. By Judge J. F. Daly. Stokes ve. Cassidy.—Judgment for plaintiff. Findings and decree to be settled on two days’ notice. See opinion. SUMMARY OF LAW CASES. In the Court of Common Pleas Cornelius V. §. Schuyler, Edmund P, Schuyler and John A. Quintard filed yesterday an assignment, The liabilities are stated at $163,054.01 and the assets at $35,000. The as- signer’s bond for$50,000 was also filed. John Kenney, a boy fifteen years old, indicted for manslaughter in the first degree, yesterday through his counsel, Messrs. Kintzing and Mott, in the Court of Oyer and Terminer, before Judge Barrett, pleaded guilty to manslaughter in the fourth degree, He was sent to the Hoyse of Refuge. The case of Jacob Stademan, indicted for murder in the first degree for shooting his sweetheart Louisa Seldewand, whicn was set down for trial yesterday in the Court of Oyer and Terminer, was, on application of Mr. William F. Howe, his counsel, postponed for ene week, In the absence of Judge Benedict from the Umfted States Circuit Court yesterday, Judge Blatchford re- ceived the United States Grand Jury. Mr. J. A.C. Gray, the foreman, bi some twenty indictments. The Jury was then d without date, and the criminal teri of the court adjourned. On Friday last, while the ship ve Webb was coming up the bay from Sandy Hook, eizht sailors refused to work at taking in sail, on the ground that it was their watch below. Four of them, named William Cunning: ham, Thomas Farland, H. Phillips and William Perry, were yesterday arrested by United States Depaty Mar: sbals Dubert and Barclay and sent to Ludlow Street Jail for examination, COURT OF GENERAL SESSIONS. Betore Judge Sutherland, FELONIOUS ASSAULT ON A WIFE. Julius Whittaker, a young German, was tried on an indictment c ng him with having committed a felo- pious assault upon his wife, Carrie, Complainant tes- tified that she had learned that the accused was in the habit of associating with other women, and that on the day of th September 22, she went to a certain house in Eldridge street, where she suspected he was spending his ime. She was shown into aroom and told to wait, while the occupants went to see whether her busband was in the house. While she was so waiting her bushand jumped from a back win- dow and escaped. After the complainant had returned to her home, at No, 120 East Twentieth street, and was ironing some the accused burst into the room, threw her violently upon the floor, and.seizing a knife 1 ral times in the side with x (hat it Was not sharp enough on the point to representative of the | The | 11 wound, be drew from bis pocket a heavy aap nd atteinpted to cut her throat. She suc- ceeded in shicliing her throat with her hands, bat the | fingers of one hund were almost severed in the strug- gle. He then kicked her as she lay on the floor, break | ing three of her ribs She at length escaped to the street, wh found an officer, and had her assailant She further’ testified that her husband hat previousiy driven her out into her livelihood by prostitution, and ported him by such means. Being y Mr, Mott she admitted that she had fu house of iil repute in Allen street when the accused married her, and ad no’ seruples about supporting the accused nner related above, y, after deliberating half an hour, returned a verdict of “Guilty,” and Judge Sutherland sentenced him to State Prison for seven years, When the sen- * pronounced, the motlier of the prisoner rose in the court room, and giaring at His Honor, uted:—'Seveu years for a——!"” She was promptly ced by the officers of the Court, THE REAL ESTATE FRAUDS. | A-motion was made py Counsellor Howe for the discharge of Wesley Webber from his recognizances, It will be remembered the accused was arrested some time . charged with compheity in real | estate frauds. Sourt listened to the argument of counsel and reserved his decision. ROBBING A LODGER. Edward Cassidy pleaded guilty to grand larceny, and was sent to State Prison for two and a half The accused was aone-legged veteran and “at No. 13 Pell street. On the night of September 27 he wi standing ontside of his door in an intoxicated condition, when the complainant, Richard Van Houston, came along in a similarly fuddied state and applied to him for lodgings, ‘The accused took him int his apartments, when Van Houston began to count a pile of greenbacks, which he then returned to his pocket and retired. While he was asleep the accused stole the roll of bills and conces them under the grate of the stove. On discovering loss the complainant had his host arrested and brough' to the Tombs, where he pleaded in extenuation that he was drunk at the time of the theft, and directed the poliee to where the money was concealed, The sum was $279. James F. O’Neitl, John W. Connor and Henry Swift wore charged with beating a negro boy named Robert Benjammo, in Amity street, on the night of September 18 The jury acquitted the first two, bat found Swift guilty, and he was sent to the Penitentiary for nine monihs. / | FIFTY-SEVENTH STREET COURT. Before Judge Murray. AN AUDACIOUS DEMAND, A well dressed young man appeared yesterday before Judge Murray at this court and presented letters from responsible citizens asking for the discharge of Catherine Reilly, now an inmate of the House of the Good Shepherd. Tho letters were forgeries, it is pre- sumed, for it was ascertained that their bearer was a “‘ranner’’ for a house of iji-fame down town. The reo- ords of the court on being referred to show that a year 0 the girl was sent to the Protectory, she having been rested for thieving. Her mother was then in Sing Sing where she Las since died, The obiect of obtaining | sonal property of the estate for the release of the girl was evident to the Court, and an intimation was given to the young man Ww keep out of this court in future, KNOCKED DOWN AND ROBBED. Cornelius J. Callaghan, of No, 1,042 First avenue, complained that on Monday night, about eleven o'clock, after entering the hallway of his residence, he was at- tacked by three men, who knocked him down and robbed him of his watch. Richard Spencer was ar- rested by Officer Ker: of the Twenty-first precinct, and identified by Calisghan as om | one of those who had robbed him. , Spencer was held for ¢rial. IN MALE ATTIRE, Bridget Hogan, aged fourteen, was called to the Bar on @ charge of vagrancy, Those present looked around to see where the offender was, not having recognized her in the barefooted look- ing ‘youth who stood crying at the Bar, She was dressed in a jacket and pants, and in this ap- parel had associated for months with the ‘dock rats’ of the Twenty-first ward, where she was arrested by Officer Murtagh. She had, she said, neither father nor mother, and chose to go to the House of the Good Shepherd, where sbe was sent for a year. AN ATTEMPTED SUICIDE. Delia Devine, of No, 851 First avenue, was committed to the Workhouse for three months on complaint of her husband, who charged her with being a habitual drunkard, On Monday night she attempted to throw herself out of the window while suffering from the ef- fects of liquor, POLICE COURT NOTES. Lizzie Lester was brought before Judge Bixby yester- day, and held in $1,000 bail to answer on a charge of stealing $140 from George B. Pratt, of Syracuse, Mr. Pratt, who was enticed into the house of Lizzie Lester, had the above amount of money in his pocketbook when he entered her house, and the money was subse- . quently found in the stocking of the prisoner. She was committed by Judge Bixby 1n $1,000 bail to answer at General Sessions. On the morning of the 9th of October Officer Walsh, of the Twentieth precinct, saw a man named Joseph ‘Thompson throw away a number of brass journal boxes m a hallway in West Twenty-sixth street, Thompson escaped at the time, but was arrested on Monday night. The brass journals were identified yesterday as the property of the Hudson River Railroad Company by Mr, Vhyte, bail to answer Timothy McCarthy, of Monroe street, was accused by John Callaghan, of Cherry street, with knocking him down and robbing him of $10.’ MeCarthy, who was arraigned before Judge Kasmire, at Essex Market Police Court, yesterday, was held in $1,000 bail to answer, About eleven o'clock on Tuesday morning the prem- ises of Philip Voldes, No. 45 Second avenue, were broken into and about $65 worth of leaf tobucco was taken therefrom. Hugh McKeon, who was seen going into the place at the time the burglary happened, was arrested, and was held by Judge Kasmire, at Essex Market Police Court, yesterday, in $1,000 bail to an- ewer. ‘At the Tombs Police Court yesterday, Jobn Trainor, of No. 108 Cherry street, was held to answer for baving on the 25th of last month feloniously cut and stabbed Joseph T. Shay, of East Tenth street. Shay has been confined in the hospital from the effects of his injuries ever since, and was only able to appear in court yester- day. COURT CALENDARS—THIS DAY. Supreme CovrtT—Cnamners—Held by Judge Law- rence.—Nos, 1, 102, 128, 133, 185, I41, 142, 145, 150, 160, 161, 162,’ 165, 166, 209, 210, 218, 219, 221, 2 , 267, 272, 275, 295, 296, 305, 307, , $18, 317, 320, |, $27, 328. Svrrumn Cover—SrkciaL Term—Held by Judge Van Vorst.—Law and fact—Nos, 424, 156, 102, 570, 578, 581, 582, 595, 696, 598, 600, 603, 605, 606, 617, 620, 481, 624, 6, 2 2, 653, 654, 655, 656, 657, 658. —Part 1,—Adjourned ‘until Monday, October 18, 1875. Part 2—Held by Judge No calendar. Part 3—Held by Judge ‘0 calendar. Scrreur Court—Grverat Term—Held by Judges Davis, Brady and Daniels.—Nos. 112, 180, 18%, 185, 186, 187, 188, 189, 190, 191, 19244, 193, 194, 101, 121, 138, 162, 195, 19544, 19° Svrenion’ Court—Sprctat Tera—Held by Judge Curtis. —Demurrers—Nos. 2, 1. Law and fact—Nos, 14, 15, 19, 22, 86, 21, B4, 85, 40, 48, 49, 51, 53, 12 Screnion CocRT—GENERAL TeRM—Held by Judges Freedinan and Speir.—Nos. 10, 14, 19, 21, 22, 23, 24, 25, 26, 28. Svpknior Covrt—Triat Texm—Part 1—Held by Chief Justice Monell.—Nos. 1401, 625, 1428, 715, 711, 1353, 865, 681, 761, 823, 1349, 91, T41, 805, 871. Held by Judge Sedgwick.—Nos ’ 588,’ 794, 852, 454, 1218, 785, 800};, 814,~1506, 63 Sia, 878, 880, '882, 884, 856, BBS, 800, 802 Common Preas—TRIAL Tera—Part 1—Held by Judge Charles P, Daly.—Nos. 1093, 184, 2872, 1354, 2201, 739, 860, 1578, 1580, 1087, 2035, 1394, 2562, 1434, 2635, 723, Part 2—Hem’ by Judge Jos.’ F. .—Nos, 1573, 1574, 487, 2105, 2415, 1172, 1080, 1498, 1492, 523, 1572, 1436, 1455, 1516, 1442, 2124, 1470, 1517, 1698, 2750, 2728, 1509. Comox Preas—Equity Term—Held by Judge Law- rence.—Nos. 70, 51, 52, 53, 34, 56, 60, 68, 73, 49, 69, 11, 12, Manse Cocrt—Trrat Terw—Part 1—Held by Judge 5 4843, 3179, 3189, 25, 3136, 3259, 3353, 3354, 3 oT. Part 2 Part 784, 842, 8349, 3361. 2 ‘ 5117, 4924, 6012, 5160, 5161, 1075, 4919, 5141, 4938, 4863, 5206, 4324, 4874, 4876, CouRT OF GxNHRAL Sxsions—Heid by Cily Judge Sutherland.—The People vs. Joseph Connelly and Thomas McCarthy, robbery; Same vs. George Stiner, felonious assault and battery ; jamuel Decker, felonious assault and battery; . Adolph Wey- ; Same vs. Michael Smith and James Rasmisan, grand lar- grand larceny; Same vs James Haley, grand larceny; Same ys. John Man- ning, grand larceny; Same vs. Jeremiah Lynch, grand Same vs, Richard Luce and William’ Dowd, grand larceny; Same vs, Jesephine Thompson, grand larceny; Same’ vs. Thomas F. Calien, grand larceny; Same vs. John MeCarthy, forgery; Same vs. John Rob: inson, extortion; Same vs, James Farrell and Frank Farrell, gambling; Saine va. Patrick McNearney, petit larceny. THE TAYLOR ESTATE IN COURT. Eight euits brought by the plaintiff and others against Laura §. Taylor, as the executrix of James B, Taylor deceased, involving over $100,000, were tried in Utica on Monday before Judge Hardin, a jury being waived. ‘The plaintiff appeared by Charles L, Adams and Arthur Beardsley, of Utica, Mrs. Taylor's counso! being Judge Scott Lord, of Utica, and George W. Wingate, of New York. The facts in all the cases were the same, the plain- tiffs claiming to hold the defendant personally responsi- ble for non-compliance with an order made by Surro- gate Hutchings, July 14, 1874, requirmg the executors to pay to the plaintiffs the amounts of the various judgments held by them, on the 2d day of November, 1874, claiming that this order was an absolute decree upon which they could be sued personally. ‘The defend- ants contended, in reply, that, as the decree contained a clause stating that the asets of the estate consisted of unsold property and uncollected demands, and directed the executors to convert the same into cash prior to the 2d of November, and to pay the plaintif out of the proceeds, that the decree was not an absolute one, but a simple direction to pay out of afund to be created, and that no action upon it could be maintained against the executors without showing bad faith or neglect upon their part. They aiso proved by the evidence of Charles ‘Tracy, of New York, that after the making of the order of July 14, 1874, the executors had advertised the per- » on the 15th of Octo- or a final accounting on the Inst named I ber, and had obtained a citation on the 22d of September, and day a writ of prohibition, ob y as counsel for Kate B, Howland, the cont will, had been served, which restrained the ¢ from taking any step in regard to the estate, which writ of proliibition ‘remained im force until the Sth of March, 1875, although they made every possible exertion to set it aside; that but onc week day intervened between the vacat- ing of the writ and the comm nt of the action, and it was therefore physics comply with the order und to pay the plaintiffs the ar the 1th day of March an lon Was issned against them, which continued until after the service of the angwer, and they contended that their having been restrained from compiying with the order by the act of the law constituted a defence against any at- tempt to hold them personally responsible for not per- forming it. The tinal argument on the case on the evidence taken and the exceptions was set down for the 20th inst, impossible for them to pose of the estate so as 0 that on THE RING SUITS, THE CASE OF EX-CORPORATION ATTORNEY 7. ¢, EIELDS--A MOTION MADE TO DISMISS THE COMPLAINT RESERVED— EXPLANA- TION OF EX-CORPORATION COUNSEL O'GORMAN. Avpany, Oct 12, 1875, In the Supreme Court the case of The People of the State of New York against Thomas ©, Fields, im- pleaded with others, which has occupied a place on the calendars for the past two years, came up for a second trial to-day, ‘The case is substantially the same as the one before tried under the same title, in which judgment was re- covered against the defendanta im the sum of $500,000 and upward for the misappropriation of cer- tain moneys belonging to the city of New York. Tho plaintiffs in the case were represented by Mr. Charles O'Conor and Wheeler Hf. Peckham. Mr. William A. Beach appeared for the defendant, ‘The testimony used on a former trial wax by consent admitted in this, but before going into it a motion was made by Mr. William A. Beach to dismiss the complaint om the grounds substantially that the case had already once decided by the Court of Appeals, and that as the interest in and to the thoneys alloged to have been misappropriated was in the city, an action in the name of the peonle of the State could not be DECISION Thompson was held by Judge Bixby in $1,000 |g, on this motion extended. Arguments were made by Messrs. Charles O’Conor, William A. Beach and Wheeler A. Peckham, at the conclusion of which Judge Westbrook took the papers and reserved his decision, it being mutually agreed that whatever decision he might arrive at would be entered as of to-day and an exception noted on the part of the sido against whom the decision should be made, BX-CORPORATION COUNSEL O’GORMAN, At the conclusion of the argument of Mr. Beach Mr. Richard O’Gorman, late Corporation Counsel of New York city, addressing the Court, said he had been sub- peenaed as a witneas, and had expected to testify in the case, Tn view of the course it had taken, however, he would be denied the priviles adorns had he desired on the witness aed an e@ would ask the indulgence of the Court while he referred to one or two points bearing more particularly on himself. The complaint contained allegations ef fraud and collusion in the misappropriation of the money on the part of the several law officers of the city in that it stated they “have acquiesced in such mis- applicauion of funds and are still conniving at and seeking to protect Fields from prosecution.” He had also found in a stipulation presented to the Court that Fields was appointed Corporation Attorney, in 1871, by him as Corporation Counsel, and continued in that ‘position to October, 1872, and that he as such Corporation Coun- sel prevented suit from being brought. He would say in reference to that that no suit was commenced by or on behalf of the city or county of New York, nor was he consulted m reference to any such suit being brought during the time Fields was in the office. In regard 10 the allegation on which the claim for relief is based, he would say that he never, officially or unofficially, in shape or froin any source, knew of the issue of bonds or appro- priation of money until called on to testify, and then the only information he had of any claim of the de- fendant for the alleged arrears of pay was from a con- versation of Fields with him as to to the effect of the act of 1869; and he then informed him that no sum in excess of $50,000 could be paid, In conclusion he stated that during his ocoupation of the office of Corpo- ration Counsel there had never been a request to the Law Department to prosecute, either in the Ring suits or any other suit, that had been refused or neglected, -UNITED STATES SUPREME COURT. Wasuixatox, D.C., Oct, 12, 1875. In the Supreme Court of the United States to-day, on motion of T. T Crittenden, H. C. Allerman, of Phila- elphia, was admitted to practise as an attorney and counselor of this court, On motion of P, Phillips, W. J. Henry, of Danville, Il. was admitted to practise as an attorney and coun- sellor of this court No. 603, G, D, Newhall, appellant, va. Charles W. Sanger.—This cause was submitted on printed argu- ments by Mr. W. Blair, of counsel for appellant, and by George F. Edmund for appeliee, under the twentieth Tule, No. 275, (Assigned.) Jay Cooke & Co., plaintiffs in error, vs, The United States. —This cause was argued by J. E. Burriland R, L. Ashhurst, of counsel for plain- tiffs in error, and Solicitor General Phillips for de- fendants in error. No. 1 George F. Kelly, of Providence, —Continucd, No. 2. J. R. Smith, plaintiff in error, vs. The United States. —Continued, No. 8. William H. Gaines et al, plaintiffs in error, vs. John C. Hale et al.—Passed. No, 4, William J, McCowb, surviving executor, &c., plaintif in error, vs. The County Commissioners of Kuox County.—This cause was submitted on printed arguments by W. H, Smith, of counsel for defendants in error, no counsel appearing for plaintiffs in error, No, *6. Joseph A. Walker, plaintiff in error, vs. Charles 8. Saudinet,—Passed. No, 7. The Keystone Bridge Company, appellants, v8 The Pheenix Iron Company.—Passed. No, *5, Richard ©, Kimball et al, plaintiffs in error, vs. William F, Evans ot al,—Passed, No. 9. The Wilmington and Weldon Railroad Com- pany, plaintiff in error, ys. Henry King, executor, &¢.— ‘This Cause was submitied on printed arguments by J. M. Carlisle and J. D. MePherson, of counsel tor plain- Uilsin error, no counsel appearing for defendant in error. No, 10, Edward Matthews, plainutf in error, vs. Nel- son MeStea,—The argument of this cause was com- menced by John Sherwood, of counsel for plaintiff’ in error, and continued by J. H. Ashton for defendant in error. Adjourned until to-morrow at twelve o'clock. THE POLICE JUSTICES AND THE GAMBLERS, complainant, ys. Tho City The following correspondence, passed between the District Attorney and the Police Justices, has been gent for publication, As the accompanying letter says, it explains itse! Fourtr District Pouce Cover, New Yorx, Oct, 12, 1875. To te Eprtor or THE HeraLp:— - Will you have the kindness to do a sfmple act of jus- tice to the Board of Police Justices of this city by pub, lishing with this communication the appended cor- respondence, which sufficiently explains itself? Perhaps the authors of the statements referred to in the correspondence may be induced by a public inquiry to come and furnish the information which has thus far been sought in vain from the only official sources to which imquiry could be directed. Otherwise they must consent to accept the conclusions which their failure must inevitably provoke in the minds of all candid and impartial persons, Yours, very respectfully, JAMES T. KILBRETH, President of the Board of Police Justices, Fourta Disraiet Porice Covet, New York, Oct. 9, 1875. B. RK. Purue®, District frotiey Dear S#—The late Grand Jury upon the eve of its final adjournment submitted to the Court of General Sessions a presentment in whieh the following lan- guage oecurs — ; “Third— Another impértant Yeason for the increase of crime in this commonity arises largely from this statement presented to us:—That when arrests have been mae by the tytice authorities of gamblers caught in the very aet, with their implements and money on the tables; of men guilty of a violation of the Ex- cise laws, and of others keeping disorderly and improper houses, that in a large num- ver of cases when ‘brought before some of the Police Justices, even, where the evidence of their orimes was full and complete, they have been promptly discharged from arrest or held to answer in small and insufficient bail, often in a sum not exceeding $100 in amount, and to such an extent has this been carried that it has made the police largely indifferent to the discharge of their proper duties.” Such assertions promulgated from such a source are calculated to impair the confidence of the community in the present Board of Police Justices and to mislead the public Believing that the statements made to the Grand Jury, if directed against any of the present Police Justices, were base fabrications of some design- ing person or persons, and regarding them as wanton and malignant onthe part of those who adduced them, a respectful communication of which the enclosed is a copy was addressed on behalf of the Board of Police Justices to the foreman of the late Grand Jury, with the view of ascertaining if possi- ble the sources and nature of those statements, which the Justices regard and here declare to be false, mali- cious and unjust, A week haying elapsed since that communication was written and no reply having been received, I am requested by my associates to communi- cate with you as the legal adviser of the Grand Jury and to respectfully request and insist that you will as @ matter of justice and of right furnish to the President of the Board of Police Justices the specific gatements, or testimony if any was received, upon whith the ac- tion of the late Grand Jury was based, the sources from which such statements emanated, and such other information as will place the Police Justiqns of this city ina position to distinctly meet the insinuations con- veyed in that presentment. You will perceive that the language of the presentment is so vague, uncertain and ambiguous that the Justices are nnable to give any at- tention to it other than to characterize it as herein- above expressed. May I ask of you the favor of a reply at your earliest possible convenience? I remain, yours vory respecttully, JAMES T. KILBRETH, President of the Board of Police Justices. Orry axp County or Naw York, District Arrorxey’s Orrick, Oct, 11, 1875, Hon, James T. Kitsaxeru, President Board of Police Jushee Dear Sir—I am in receipt of your letter of the 9th inst,, with its enclosure. In reply thereto | have the honor to gay that | have not in my possession any evi- dence taken before the late Grand Jory upon which they base the presentment referred to in your letter, very respectfully yours. BENJ. K. PHELPS, District Attorney, CUPID IN THE ‘TOMBS. A WIDOW MAKING A CHARGE AGAINST A VENGE- FUL SUITOR. Maggie Dunn, a very inoffensive looking widow, ap, peared yesterday at the Tombs Police Court, as a con plainant, althoagh her charms had provoked the assault for which she arraigned her former and unsuccessful lover, Mr. McMillan. Julting is not always a safe game for even widows to play, especially when the jilted masculine resorts toa revolver as an argumentum ad hominem, irs, Dunn left the lassie precincts of Woos- tor strect, where her discarded lover met her and en- deavored W persuade her of the constancy of his love with the unanswerable logic of a six-shooter. The rebutting logic of a policeman's club persuaded the lover to moderate his peculiar method of winning the widow, and he was lodged in jail, a contingency not comprehended jn the calendar of Cupid, and a Tombs lawyer went into meiting particulars and brought tears to the eyes of each feminine eye. Then the fair widow relented, forgot all about the pistol and begged for sy for her too violent suitor, This individual paid $5 fine afd lost his pistol, SHUTTING UP THE DENS. ‘Thomas Kirk, on whose premises, in York street, Jersey City, a raid was made several days ago, was on trial yesterday before Justice Roberts. It was shown that Kirk kept an establishment, entitled the “Waver- ley Varieties,” in which, on certain evenings, exhibi- tions of an indecent character were presented, The place was frequented chiefly by boys, who there formed pernicions aggociatious, ‘The case was adjourned Will baturdav, HERALD, WEDNESDAY, OCTOBER 13, 1875—QUADRUPLE SHEET. FINANCIAL AND COMMERC Features of the Stock Market—A Declining Tendency. GOLD 1161-2 AND 116. Rag Dollars Worth $5,84—Money on Calf Loans 21-2 and 3 Per Cent—Government and Railway Bonds Steady. Watt Srreer, Turspay, Oct 12—6 P x} There is no reason to modify the opinion frequently expressed in this column that the tendency of fancy prices is downward. Whether there be a renewal of commercial activity or not, a want of confidence exists on the part of the outside public with reference to Wall street securitics that prevents investment and confines speculation chiefly to the conjmunity of brokers. Nor is this condition likely to change while Jobs like that of the Missouri Pacific Railroad Company can be set up and their authors go unpunished, and failure upon failure reveals the rottenness which underlies our vast financial system. That the market will have its rallies and for a few days at a time show considerable strength is true, but in the absence of a supporting power either within. or without decline is certain to folfow until prices reach a point that corresponds somewhat with real values. The people aro evidently tired—and ex- cusably so—of paying tribute to false pretences and of bolstering stocks which officials themselves are throw- ing upon the market, exulting meanwhile at the cre- dulity of their dupes. TUE CHIEF EVENT OF THE DAYS was the meeting of some of the dircetors, stock and bond holders of the Atlantic and Pacific Railroad Com- pany, for the purpose of considering the affairs of the Missouri Pacific. Ameng the prominent bankers and capitalists present were Messrs. John Cecil, Seligman, Cutting, Colgate, Cromwell, Hatch, Owens and Simp- son, The President, Mr. Fisk, submitted a statement of the indebtedness of the Pacific of Missouri from the date of the lease, June 27, 1872, to the present time, also of the gross and net earnings of that period, It is needless to add that no quarterly dividend will be paid October 20, A committee of the stockholders of Pacific of Missouri was appointed to investigate the condition of the company, and to recommend the best plan for adoption, the same to be presented at a future meeting. The following gentlemen constitute tho same:—Messrs, A. B. Baylis, J. B. Col- gate, Jacob Cromwell, W. S. Hatch and ©. F. Simpson. ‘The gross earnings of the company for the years from July 1, 1872, to September 80, 1875, umounted to $11,454,141 96, and the operating expenses for the same time were $7,354,866 21, leaving ‘net earnings at $4,099,275 75. The disbursements for the same period on the funded debt, &c., amounted to $4,573,957 88, from which deduct net receipts of $4,099,275 15, and there is shown a net loss of $474,71213. The various dividends paid to the stockholders of Pacific of Missouri for three years amount to $1,050,000, The funded debt footed up $16,241,000, and the decreased gross earnings for nine months of the present year, as compared with 1874, is $570,717 15, Fuller details will be found else- where. The price of the stock at the opening was 19, or more than one per cent less than the closing prices yesterday. A decline quickly followed, until 143g was touched, and the final figure was 15. ERIE. Mr. Morris, the solicitor of the fnglish Erie bond- holders, who was associated with Sir Edward Watkin, will probably arrive in London to-day. We learn that his report will be in the same vein as Sir Edward's, but perhaps more in detail and more decided im tone. We are led to infer that he does not agree with Sir Edward, that the nonpayment of the coupons for a short time will be sufficient to relieve Erie from its embarrassments, and we understand his convictions are very firm that nothing short of a change of gauge can put the Company in a condition to maintain its position with its competitors; and the means to do this must be derived from some other source than the earnings of the road. While it is not likely he will recommend the stockholders to make the advances necessary, he will give them the facts for their own determination as to what course they will pursue, An important point he will make is, that unless the oner- ous and illegal contracts leases and guarantees are got rid of by the receiver, the only course to pursue will be a foreclosure and sale of the property. Mr, ‘is is now associated with the attorney for the pL receiver. THe STOCK MARKET: The election in Ohio was the absorbing subject of dis- cussion, but so far as could be observed it produced little or no influence on prices. The princfpal dealings were in Lake Shore, Northwest common, Pacifle Mail, West- ern Union and Missouri Pacific, The former advanced from 585% to 5444 and closed at 533%. Erie was steady, atlT% a1, Western Union declined from 757% to 74%. Pacific Mail, after selling at 37, fell off to 36. St. Pau, opened at $244, sold at 33, and closed at 32% Wabash was steady atabout 6, Ohio and Mississippi declined from 16% to 15%. Northwest common fell off from 36% to 35, and the preferred from 60% to 49:4. Union Pacific sold up to 69, but ended at 67. Hannibal and St. Joseph was quoted at 18 a 173. Delaware and Lackawanna sold at 118% a 118%. Rock Island, at 103 a 108% 4103. New Jersey Central ro coded from 104% to 10344. It will be observed that the market closed weak, The decline was doubtless assisted by the announcement of the failure of a tea house, which will be described elsewhere, ADVANCE AND DECLINE The change in closing prices since those of yester- day is as follows:— ApvANce.—Delaware and Lackawanna, ; Northwest preferred, %; Ohio and Mississippi, \4 Rock Island, 54; Wabash, '3; District of Columbia 8:65 bondg 4. Decung.—Gold, 4; New Jersey Central, 4%; Missouri Pacific, 48; WesternUmion, %; Union Pacific, 144; St. Paul preferred, 3% ; Pacific Mail, \; Northwest common, x; Lake Shore, \; Erle, }¢;Atlantic and Pactfic pre: ferred, %. Statroxary,—New York Central, C., C. and I. C., Han- nfbal and St. Joseph, Harlem, Panama, Quicksilver, St. Paul common, Michigan Central, Erie in London. OPENING, HIGHEST AND LOWEST Pricns. The foliowing table shows the opening, highest and lowest prices of the day :— Opening. Hi + 1 Now York Central. Wabash. ....... Northwestern “ Northwestern preferr Rock Island Mil. and St. . MiL and St, Paul pret Ohio and Mississippi. Now Jersey Central. Del., Lack. and Weetern, Union Pacific, ©, C, and L. Western Union Auantic and Pacific Tel. Pacific Mail...... THE SALES TO-DAY. ‘The transactions at the Stock Exchange to-day aggre. gated 164,600 shares, which were divided among active stocks as follows:—New York Central and Hudson, 667; Erie, 4,000; Lake Shore, 85,400; Norttrwestern, 29,400; do. preferred, 2,000; Rock Island, 1,000; Pacific Mail, 29,600; St Paul, 8,500; do. preferred, 1,700; Ohios, 4,700; Western Union, 18,900; Wabash, 1,100, Union Pacific, 8,000; ©., ©. & L. C., 200; Michigan Con. tral, 1,250; New Jersey Central, 1,270; Missouri Pacitie, 17,100; Atlantic and Pacifle preferred, 1,600, SLOSING YRICRS—5 YP, M. Pacific Mail... 38 @ 3644 Meera ins t is & Lac Tel. Quicketl 16H 10% uly a 22 OF 8 ry ry ‘ a “ « “ THR MONEY MARKET, Money on call loans closed easy at 2'¢ per cent after transactions at 3}¢ per cent. It is evident that money ia in more active demand, and if the statements from the West are not too much rose-colored, they explain the cause, Foreign exchange left off quiet at about 4.79 for bankers’ sixty days sterling and 4.83% for de- mand, the Jatter being firmer than the former. The business of the day was at 4.78) a 4.79)¢ for long and 4.83 e 4.8334 for demand. Rag money at the close was worth 85 a 84, PRODUCE EXPORTS. exports of produce froin this port for the week ending to-day were $4,877,407, against $5,240,286 for the corresponding week in 1874, and $7,025,771 in 1873, The total e: ‘smece January 1 this year amount to $196,157, 707, $230,099,009 for the corresponding period in 1874, and $230,572,129 in 1873. ‘THE GOLD MARKET, Gold opened at 11634 and closed at 116, the two ex- tremes of the day, The rates paid for borrowing were 5-64, 1-16, 3.64, 1-82 and 1-64 per cent per diem, At the close loans were made flat, OPERATIONS OF THE GOLD EXCHANGE NANK, Gold balances... Currency balances. Gross cl ce CLEARING HOUSE STATEMENT, Currency exchanges. Currency balances. Gold exchanges Gold balances... GOVERNMENT BONDS. In governments the syndicate 5 per cents sold largely at 11634 117 for registered and 116% a 117 for coupons. The close was steady at the following quo- tations:—United States currency sixes, 123}, a 124! do, do., 1881, registered, 12074 a 121; do. do, do., coupon, 123 a 12334; do. five-twenties, registered, 1862, 115 0 11534; do. do., do., coupon, 118.0118; do. do., registered, 1864, 114% a 115%; do. do. do., coupon, M8% a 1193¢; do. do., registered, 1865, 115% a 1164; do. do., do., coupon, 119% a 119%; do. do., regis- tered, new, 1865, 11814 a 118%; do. do., do., coupon, 11834 a 1183{; do. do., do., registered, 1867, 110% a 119%; do., do., do, do., coupon, 119% a 119%; do, do., registered, 1868, 120% a 121; do. do., do., coupon, 12034 a 121; do. do, ten-forties, registered, 115% a 1164; do. do. do., coupon, 116% a 11734; do. do., new fives, 1881, registered, 11654 a 116%. THE FOREIGN MARKET, London advices report the withdrawal of £166,000 bullion from the Bank of England on balance to-day. To-day is ticket day and to-morrow fortnightly settling day at the London Stock Exchanga Consols and American securities are quiet and steady. The steam- ship Rhein, sailing for New York, takes out £21,026 in specie, Better feeling at close, with less anxiety re- specting to-morrow’s settlement. The following aro five o'clock quotations:—Consols for money, 93% a 93%; do, for account, 93% a 937%; 765 bonds “(old), 1064; a 10634; 67 bonds, 10714; ten-forty bonds, 1044 a 104%; new fives, 1043¢; Erie, 154f a 153%. Rentes in Paris closed firmer at 65f 42!¢c. In Frankfort new fives closed at 99%. ‘THE UNITED STATES TREASURY. Advices from Washington state that the national bank notes received for redemption to-day were $800,000; customs receipts, $500,000; internal revenue receipts, $182,000; Treasury balances, currency, $6,500,000; coin, $70,000,000—Iess coin certificates, $13,000,000. The Assistant Treasurer paid out to-day $13,000, gold, on account of interest and $80,000 in redemption ol five-twenty bonds. RAILROAD BONDS. In railroad bonds the principal transactions were ia Chicago and Northwestern consolidated coupon gold bonds, which were strong and advanced to 8534. Union Pacific firsts brought 10334, and sinking funds rose to 80. Rock Island sevens sold at 109, New Jersey Cen- tral consolidated firsts at 10614, Morris and Essex second at 108 and Albany and Susquehanna first at. 111%. Ohio and Mississippi second declined to 6434. ‘The following were the latest bids:— Albany and Susq 1st....1113% Clevo, Prville & A new.101 ‘Albany and Sus 2d..-\.10634 Detroit, Monroe & Tol. 100% Hoston, Hart & rie ist. 20° Bull & Erie now... 100 Bur,CR&MIst7'sg.. 40 Buffalo & State line 78.101 Shore dividend... 99! Lake Shore con ep Ist. 102, Mich Cent con 7's, 1902. 10334, Ist, 8's, "S28 t..112 Ches & Ohio 6's Ist, Am Dock and Mil & St P Ist, Mila&SP MIASP Mil & St P Ohio & Miss con, 8 f... Chia NW Ohio & Miss con. Oni & NW. Ohio & Miss 24. ¢0 chiaNW Cen Pacific gold be Chi & NW Pacific, Sang Chi aN Pacific Western Pacific boni Union Pacific lst.. . Union Pacific | g, 7's. ‘gs! Union Pacific sink fund. 88: Southern Pac bds Mo... 50 pane RR of Mo Ist... td pt Tol, Peo & Warsaw 2 0. Ind, Bloom'n & W is Tol'& Wad Ist, ext... Ind, Bloom’n & W 2d... 8 BL Nich South 7 p ey dd... Tol & Wab Ist, St L div. 57 Mich So&NI,st7pel08. Tol & Wab2d. +: 49" Cleve & Tolsf’ 210834 ‘Tol & Wab, cons, cony.. 25: Cleve & Tol new bds., 01 Great West 1888... 80° Cleve, P'ville & A, old.:103% Han & Con Missouri Ist, 65 BANK SHARES, Bank shares sold at 993g for Central National, The latest bids are annexed:—America, 152; Central Na- tional, 9934; Chatham, 135; Chemical 1,600; ity, 300; Commerce, 122; Fourth National, 953%; Irving, 132; Marine, 105; Mercantile, 109; Merchants’, 120; Mer- chants’ Exchange, 103; Nassau, 100; New York, 132; New York National Exchange, 1! rth America, 100; Phoenix, 97, STATE BONDS, State bonds were quiet Distriet of Columbia 3-65's rose to 6644, The following were the latest oids: Arkansas 6's, hey . 32 Miss 6's, HAStJ iss, °87.101 Ark 7's, LR & Ft iss, 12 @ N ¥ reg bounty loan, .. .106: lem & LR. 12 N ¥ op LR PB&NO 12 NY Ark7's, Miss,O & R Riv 12 NY 6% Ark 7's, Ark Cen RR... 12 NY 6" California 7 NY 6's, NY NC NC NC NC N Dp ‘tax, class 2, © special tax, class 3. Ohio 6's, 1875. 101 Ohio 6's, 1881. Ohio 6's, 1886. zz sco 8 C 6s, Apri Bo Car'Pund Act, 1860. Lonisiana 6's, levee. . 5 Land C, ‘80, J &J.. Louisiana 8's, levee, ‘75, BC Land ¢, 180, A & 0. 28 Michigan 6's, 1878-0. Michigan 6's, 1883 8, 1 So Car Non-Fund bai 8, old. 1 Missouri 6's, 187 Funding bds, 1804 Lng Bds Si to ‘91, Miss 6's, A or U, Inve, Miss 6's, HA&St0 iss, "75.101 Mins 6's, LAStd iss, '76.101 Miss 6's, HA&St iss, "S8:10116 Virg'a 6's, PUILADELPHIA STOCKS. The following are the Philadelphia stock tions at three o'clock tis day:— Bia. 105 107% BL City sixes, old City sixes, ne Caimden and Amboy ‘allroad Pennsylvania. ..0.0+ vs. 50g Philadelphia and Reading. 5535 Lebigh Vall iit 61s Catawissa Railroad preferre: 44g Philadelphia and Erie Ratiroad, Northern Central Railroad, Lehigh Navigation, Lehigh Navigation g pf SAN PRANCISCO MINING STOCKS. Say Frascisoo, Oct, 11L—12 M.—Gould & Curry, 17—~ advance 1; Savage, 75; Chollar-Potosi, 65—advance 2; Ophir, 69—advance 3; Hale & Norcross, 40; Crown Point, 22; Yeliow Jacket, 60—advance 1; Belcher, 17—~ decrease 1; Imperial, 9; Virginia Consolidated, 203~ decrease 7; Califosnia, 58—advance 1; Overman, 42— decrease 2; Raymond & Ely, 26; Best & Belcher, 45— advance 1; Kentuck, 11; Union Consolidated, 9—~ad- vance 1; Alpha, 16—decrease 1; Meadow Valley, 3; Sierra Nevada, 13; Mexican, 21; Caledonia, 16; Eureka, Consolidated, 15, CALIFORNIA NEWS, The Bank of California, on the day of its resumption, paid out $254,000, gold, and received on deposit $1,020,000, Several persons deposited between $40,000 and $50,000 each. When the fron doors were opened no change was observed in the internal appearance of the bank, all the former officers and clerks being at their posts, The paying teller had been provided with enormous piles of gold coin to meet the demand of de- positors, but most of it had to be returned to the vaulta, ‘ag the call for money proved to be very much smaller than expected. At the close of the day the gold on hand in the bank amounted to $3,266,000; besides epectal deposits of perhaps as much more, The follow- ing shows the amount subseribed by the syndicate to re-establish and sustain the bank, Of this amount twenty per cent has been paid in, and the subdcribers are liable for the remaining eighty per cent on future calls :— Thomas Bell, John B, Thomas, ,